(1) The State Government may, by notification in the Official Gazette, appoint for the State a Commissioner of Wakfs and as many additional or assistant commissioners of wakfs as may be necessary for the purpose of making a survey of wakf properties existing in the State at the date of the commencement of this Act.
(2) All additional and assistant commissioners of wakfs shall perform their functions under this Act under the general supervision and control of the Commissioner of Wakfs.
(3) The Commissioner shall, after making such inquiry as he may consider necessary, submit his report 2*[in respect of wakfs existing at the date of the commencement of this Act in the State or any part thereof,] to the State Government containing the following particulars, namely:-
(a) The number of wakfs 3*[in the State, or as the case may be, any part thereof], showing the Shia wakfs and Sunni wakfs separately;
(b) The nature and objects of each wakf;
(c) The gross income of the property comprised in each wakf;
(d) The amount of land revenue, cesses, rates and taxes payable in respect of such property;
(e) The expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each wakf; and
(f) Such other particulars relating to each wakf as may be prescribed.
(4) The commissioner shall, while making any inquiry, have the same powers as are vested in a civil court under the Code of Civil Procedure. 1908 (5 of 1908) in respect of the following matters, namely:-
(a) Summoning and examining any witness;
(b) Requiring the discovery and production of any document;
(c) Requisitioning any public record from any court or office;
(d) Issuing commissions for the examination of any witness or accounts;
(e) Making any local inspection or local investigation;
(f) Any other matter which may be prescribed.
(5) If, during any such inquiry, any dispute arises as to whether a particular wakf is a Shia wakf or Sunni wakf and there are clear indications in the deed of wakf as to its nature, the dispute shall be decided on the basis of such deed.
(1) On receipt of a report under sub-section (3) of section 4, the State Government shall forward a copy of the same to the Board.
(2) The Board shall examine the report forwarded to it under sub-section (1) and publish, in the Official Gazette, a list of wakfs 1*[existing in the State, or as the case may be, the part of the State to which the report relates, and] containing such particulars as may be prescribed.
(1) If any question arises 1*[whether a particular property specified as wakf property in a list of wakfs published under sub-section (2) of section 5 is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf], the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a civil court of competent jurisdiction for the decision of the question and the decision of the civil court in respect of such matter shall be final : Provided that no such suit shall be entertained by the civil court after the expiry of one year from the date of the publication of the list of wakfs under sub-section (2) of section 5 :
2*[Provided further that in the case of the list of wakfs relating to any part of the State and published or purporting to have been published before the commencement of the Wakf (Amendment) Act, 1969, (38 of 1969.) such suit may be entertained by the civil court within the period of one year from such commencement.]
(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any wakf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
(3) The Commissioner shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules made there under.
(4) The list of wakfs published under sub-section (2) of section 5 shall, unless it is modified in pursuance of a decision of the civil court under sub-section (1), be final and conclusive.
(1) The total cost of making a survey 1*[including the cost of 2*[publication of the list or lists of wakfs]] under this Chapter shall be borne 2*[by all the mutawallis of the wakfs the net annual income whereof exceeds one hundred rupees, in proportion to the net annual income accruing in the State to such wakfs], such proportion being assessed by the Commissioner.
(2) Notwithstanding anything contained in the deed or instrument by which the wakf was created, any mutawalli may pay from the income of the wakf any sum due from him under sub-section (1).
(3) Any sum due from a mutawalli under sub-section (1) may, on a certificate issued by the State Government, be recovered from the property comprised in the wakf in the same manner as an arrear of land revenue.
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