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Section 52: Recovery of waqf property transferred in contravention of section 51.

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

52. Recovery of [waqf] property transferred in contravention of section 51.--- (1) If the Board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a [waqf] entered as such in the register of [waqf] maintained under section 36, has been transferred without the previous sanction of the Board in contravention of the provisions of section 51 [or section 56], it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it.

(2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order.

(3) Every order passed under sub-section (2) shall be served---

(a) by giving or tendering the order, or by sending it by post to the person for whom it is intended; or

(b) if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates:

Provided that where the person on whom the order is to be served, is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor.

(4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is situate .

(5) Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, using such force, if any, as may be necessary for the purpose and deliver it to the Board.

(6) In exercising his functions under this section the Collector shall be guided by such rules as may be provided by regulations.

Where this provision sits

ActThe Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Section52
Marginal noteRecovery of waqf property transferred in contravention of section 51.
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 "wakf" (w.e.f. 1-11-2013).
  • inserted. . Ins. by s. 30, ibid. (w.e.f. 1-11-2013).
  • omitted, Act 14 of 2025. . Certain words omitted by Act 14 of 2025, s. 29 (w.e.f. 08-04-2025).

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