SURVEY OF AUQAF

Power of Tribunal to determine disputes regarding auqaf.

§7

Summary

7. Power of Tribunal to determine disputes regarding 1[auqaf].--- (1) If, after the commencement of this Act, 3[any question or dispute] arises, whether a particular property specified as 2[waqf] property in a list of 1[auqaf] is 2[waqf] property or not, or whether a 2[waqf] specified in such list is a Shia 2[waqf] or a Sunni 2[waqf] 4[or Aghkhani waqf or Bohra waqf] , the Board or the mutawalli of the 2[waqf], 5[or any person aggrieved by the publication of the list of auqaf under section 5] therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question 6****: Provided that--- (a) in the case of the list of 1[auqaf] relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of 7[ two years] from the date of publication of the list of 1[auqaf]; and (b) in the case of the list of 1[auqaf] relating to any part of the State and published at any time within a period of 7[two years] immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of 7[two years] from such commencement: 8[Provided further that an application may be entertained by the Tribunal after the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period: Provided also that] where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re-open such question. (2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any 2[waqf] shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. (3) The Chief Executive Officer shall not be made a party to any application under sub-section (1). (4) The list of 1[auqaf] and where any such list is modified in pursuance of a decision of the Tribunal under sub-section (1), the list as so modified, shall be final. (5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of the Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be. 9[(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector: Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence.]

7. Power of Tribunal to determine disputes regarding 1[auqaf].--- (1) If, after the commencement of this Act, 3[any question or dispute] arises, whether a particular property specified as 2[waqf] property in a list of 1[auqaf] is 2[waqf] property or not, or whether a 2[waqf] specified in such list is a Shia 2[waqf] or a Sunni 2[waqf] 4[or Aghkhani waqf or Bohra waqf] , the Board or the mutawalli of the 2[waqf], 5[or any person aggrieved by the publication of the list of auqaf under section 5] therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question 6****: Provided that--- (a) in the case of the list of 1[auqaf] relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of 7[ two years] from the date of publication of the list of 1[auqaf]; and (b) in the case of the list of 1[auqaf] relating to any part of the State and published at any time within a period of 7[two years] immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of 7[two years] from such commencement: 8[Provided further that an application may be entertained by the Tribunal after the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period: Provided also that] where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re-open such question. (2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any 2[waqf] shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. (3) The Chief Executive Officer shall not be made a party to any application under sub-section (1). (4) The list of 1[auqaf] and where any such list is modified in pursuance of a decision of the Tribunal under sub-section (1), the list as so modified, shall be final. (5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of the Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be. 9[(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector: Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence.]

Footnotes

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).
2. Subs. by s. 9, ibid., for "any question" (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).
4. Subs. by s. 9, ibid., for "or any person interested" (w.e.f. 1-11-2013).
5. Ins. by s. 9, ibid. (w.e.f. 1-11-2013).

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