Chapter IX Chapter IX

Judicial Proceedings

Institution of suits under section 2 of the Religious Endowments Act, Samvat 1977 and Section 92 of the Code of Civil Procedure, Samvat 1977

Notice by courts.--In every case in which a suit or proceeding is instituted in any Civil Court in respect of any Wakaf property, notice of such suit or proceeding shall be given to the Tehsil Committee by the court.

Proceedings under the Land Acquisition Act, 1990.--

1. (1) If in the course of any proceedings under the Land Acquisition Act, 1990, it appears to the Collector or the authorized officer that a property under acquisition is Wakaf property, it may at any time before such award is made, refer the matter to the Tehsil Committee.
2. (2) The Tehsil Committee after giving an opportunity of being heard to the parties interested, determine the nature of the property.
3. (3) When the Tehsil Committee determines the property as Wakaf property, it may initiate proceedings under this Act or under section 33 of the Land Acquisition Act as the case may be.
4. (4) Any order passed under section 32 or section 33 of the Land Acquisition Act, 1990 without giving an opportunity of being heard to the Tehsil Committee shall be declared void if the Tehsil Committee or any person authorized in this behalf by the Tehsil Committee applied to the court.

Committee to be made a party to a suit or proceeding regarding Wakaf on its application.--In any suit or proceeding in respect of any Wakaf or any Wakaf property by or against a stranger to the Wakaf or any other person, the Tehsil Committee may appear and plead as a party to the suit or proceeding.

Unauthorised occupation.--In this Act "unauthorised occupation" in relation to a Wakaf property means the occupation of the Wakaf property without authority for such occupation, and includes the continuance of occupation by any person of the Wakaf property--

1. (a) after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy such property has expired; or
2. (b) in contravention of the provisions of the Act.

Notice of eviction.--(1) If the Tehsil Committee is of the opinion that any person is in unauthorised occupation of any Wakaf property, the Committee may make a notice in this behalf and serve the same in such manner as may be prescribed, directing that person to show cause why an order of eviction should not be made.

1. (2) The notice shall--
   • (a) specify the grounds on which the order of eviction is proposed to be made; and
   • (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of; or claim interest in the Wakaf property, to show cause, if any, against the proposed order on or before such date as is specified in the notice being a date not earlier than ten days from the date of issue thereof.
2. (3) The authority shall cause the notice to be served by having it, affixed on the outer door, or some other conspicuous part of the Wakaf property and in such other manner as may be prescribed and the notice shall be deemed to have been duly given to all persons concerned.

Order of eviction.--(1) If after considering the cause, if any, shown by any person in pursuance of a notice under section 43 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Authority is satisfied that the Wakaf property is in unauthorised occupation, the Authority may, on a date to be fixed for the purpose, make an order of eviction, for reasons to be recorded therein, directing that the Wakaf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the wakaf property.

1. (2) If any person refuses or fails to comply with the order of eviction within 15 days of the date of its publication under sub-section (1), the Authority or any other officer authorised by the Authority in this behalf, may move the Collector of the District to evict such person and there upon the Collector shall evict that person from the Wakaf property and take possession thereof and may for that purpose, call upon the Officer-in-Charge of Police Station of the area to render assistance in evicting that person.

Removal of movable property.--Any property found in the Wakaf property after the eviction of any person in unauthorised occupation thereof may be removed after having an inventory thereof prepared in the presence of two witnesses and any movable property so found shall be given for safe custody of the person evicted about whom he may choose or if he refuses to take it, to be under receipt.

Recovery of sums due.--(1) Where any person is in arrears of any sum payable in respect of any Wakaf property, the Tehsil committee, may by order, direct that person to pay the same within such time and in such instalments as may be specified in the order.

1. (2) If any person refuses or fails to pay arrears of sum or any instalment payable under sub-section
2. (1) within the time specified in the order relating thereto, the Tehsil Committee may issue a certificate for the amount due, to the Collector who shall proceed to recover the same as an arrear of land revenue.

Powers of a Committee.--A Tehsil Committee shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, Samvat 1977 in respect of the following matters, namely :--

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of documents;
3. (c) any other matter which may be prescribed.

Appeal.--(1) Any person aggrieved by an order made under section 43, section 44 or section 45 may within 60 days from the date of the order prefer an appeal to the Government in such form and manner as may be prescribed.

1. (2) The period of limitation in respect of an appeal shall be 60 days.
2. (3) Pending disposal of the appeal by the Collector or the Authority, the Government may stay the order.

Order of Government to be final.--Every order made by the Government under section 48 shall be final and shall not be called in question by or in any suit, application or execution of a decree.