The Wakf (Tamil Nadu Amendment) Act, 1982
The Wakf (Tamil Nadu Amendment) Act, 1982
1. Short title, extent and commencement
- (1) This Act may be called the Wakf (Tamil Nadu Amendment) Act, 1982.
- (2) It extends to the whole of the State of Tamil Nadu.
2. Insertion of new sections
After section 59 of the Wakf Act, 1954 (Central Act 29 of 1954), the following sections shall be inserted, namely :- "59-A. Properties and funds of wakfs not to vest under the law of limitation after the 14th August 1947 and suits not barred.—Nothing contained in any law of limitation for the time being in force—
- (i) shall be deemed to vest or ever to have vested in any person the property of funds or any wakf which had not vested in such person or his predecessor-in-title on or before the 14th August 1947;
- (ii) shall be deemed to bar or ever to have barred any suit or proceeding for the recovery of any such property or funds.
59. B. Extension of period of limitation for suits to recover rent and mesne profits of wakfs
3. Restoration of suits and proceedings Notwithstanding anything to the contrary contained in the Limitation Act, 1963 (Central Act 36 of 1963) or in any other law for the time being in force, where any suit or proceeding for the recovery of the property or funds of any wakf or for the recovery of rent or mesne profits in respect of the property of any wakf has been dismissed on or before the date of the publication of this Act in the Tamil Nadu Government Gazette, by any court or other authority and if such suit or proceeding would not have been dismissed if section 2 of this Act had been in force at the relevant time, such court or other authority shall, on an application made within six months from the date of the publication of this Act in the Tamil Nadu Government Gazette, by any party aggrieved by such dismissal, make an order setting aside its decree or order and shall proceed with the suit or other proceeding from the stage reached immediately before the dismissal of such suit or other proceeding.
4. Repeal of Central Act 29 of 1959 The Public Wakfs (Extension of Limitation) Act, 1959 (Central Act 29 of 1959), in its application to the State of Tamil Nadu, is hereby repealed.
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