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Section 4: Survey of auqaf.

The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995Central Act · Act 43 of 1995

CHAPTER II

SURVEY OF [AUQAF]

4. [Survey of auqaf.]--- [(1) Any survey of auqaf pending before the Survey Commissioner, on the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025), shall be transferred to the Collector having jurisdiction and the Collector shall make the survey in accordance with the procedure in the revenue laws of the State, from the stage such survey is transferred to the Collector, and submit his report to the State Government.]

* * * * *

(4) The [Collector] 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) such other matters as may be prescribed.

(5) If, during any such inquiry, any dispute arises as to whether a particular [waqf] is a Shia [waqf] or Sunni [waqf] [or Aghakhani waqf or Bohra waqf] and there are clear indications in the deed of [waqf] as to its nature, the dispute shall be decided on the basis of such deed:

* * * * *

Provided that no such second or subsequent survey shall be made until the expiry of a period of [ten years] from the date on which the report in relation to the immediately previous survey was submitted under sub-section (3):

[Provided further that the waqf properties already notified shall not be reviewed again in subsequent survey except where the status of such property has been changed in accordance with the provisions of any law.]

Where this provision sits

ActThe Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Section4
Marginal noteSurvey of auqaf.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 27 of 2013. . Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 01-11-2013).
  • substituted, Act 14 of 2025. . Subs. by Act 14 of 2025, s. 6, for the marginal heading (w.e.f. 08-04-2025).
  • substituted. . Subs. by s. 6, ibid., for sub-section (1) (w.e.f. 08-04-2025).
  • omitted. . Sub-sections (1A), (2) and (3) omitted by s. 6, ibid. (w.e.f. 08-04-2025).
  • substituted. . Subs. by s. 6, ibid., for "Survey Commissioner" (w.e.f. 08-04-2025).
  • substituted, Act 27 of 2013. . Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 01-11-2013).
  • inserted, Act 14 of 2025. . Ins. by Act 14 of 2025, s. 6 (w.e.f. 08-04-2025).
  • omitted. . Sub-section (6) omitted by s. 6, ibid. (w.e.f. 08-04-2025).
  • substituted, Act 27 of 2013. . Subs. by Act 27 of 2013, s. 6, for "twenty years" (w.e.f. 01-11-2013).
  • inserted. . Ins. by s. 6, ibid. (w.e.f. 01-11-2013)

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