Chapter II Chapter II

Survey of Wakafs

1. (1) The Government may, by notification in the Government Gazette, appoint one or more officers, as may be necessary, for the purpose of making a survey of Wakafs in an area in which this Act is in force.
2. (2) Such appointment may be terminated by the Government at any time for reasons to be recorded.
3. (3) The Special Officer shall, after making such inquiries as may be necessary, submit his report to the Government containing the following particulars in respect of Wakafs, namely:-
   • (a) the number of Wakfs in the area;
   • (b) the name and object of each Wakf;
   • (c) the gross income;
   • (c) the expenses incurred in the realization 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. (4) The Special Officer in making such inquiries shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, Samvat 1977 (Act 35 of Svt. 1977) in respect of the following matters, namely:-
   • (a) summoning and examining witnesses;
   • (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 witnesses and accounts;
   • (e) making any local inspection or local investigation; and
   • (f) any other matter which may be prescribed.
5. (5) If, during any such inquiry, any dispute arises as to whether a particular Wakaf is a wakaf within the meaning of this Act and there are clear indications in the deed of wakaf as to its nature, the dispute shall be decided on the basis of such deed.

1. (1) The decision of the Special Officer whether a particular property is Wakaf property, shall, subject to any order made by the Government on appeal, be final.
2. (2) Any person aggrieved by an order of the Special Officer may prefer an appeal to the Government within 60 days from the date of the order and there shall be no further appeal.
3. (3) Notwithstanding anything contained in any law for the time being in force and save as otherwise provided in this Act, no Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Special Officer.

1. (1) On receipt of a report under sub-section
2. (3) of section 4, the Government shall after consulting the concerned committee publish the list of Wakfs in the Government Gazette.
3. (2) The list of Wakafs published under sub-section
4. (1) shall, unless it is modified in pursuance of a decision of the High Court, be final and conclusive.