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83. Constitution of Tribunals, etc.-
(1) The state Government shall, by notification in
the official Gazette, constitute as many Tribunals
as it may think fit, for the determination of any
dispute, question or other matter relating to a wakf
or wakf property under this Act and define the local
limits and jurisdiction under this Act of each of
such Tribunals.
(2) Any mutawalli person interested in a wakf or any
other person aggrieved by an order made under this
Act, or rules made thereunder, may make an
application within the time specified in this Act or
where no such time has been specified, within such
time as may be prescribed, to the tribunal for the
determination of any dispute,question or other
matter relating wakf.
(3) where any application made under sub-section (1)
relates to any wakf property which falls within the
territorial limits of the jurisdiction of two or
more Tribunals, such application may be made to the
Tribunal within the local limits of whose
jurisdiction the mutawalli or any one of the
mutawallis of the wakf actually and voluntarily
resides, carries on business or personally works for
gain, and, where any such application is made to the
Tribunal aforesaid, the other Tribunal or Tribunals
having jurisdiction shall not entertain any
application for the determination of such dispute,
question or other matter:
Provided that the state Government may, if it is of
opinion that it is expedient in the interest of the
wakf or any other person interested in the wakf or
the wakf property to transfer such application to
any other Tribunal having jurisdiction for the
determination of the dispute, question or other
matter relating to such wakf or wakf property,
transfer such application to any other Tribunal
having jurisdiction , and, on such transfer, the
Tribunal to which the application is so transferred
shall deal with the application from the stage which
was reached before the Tribunal from which the
application has been so transferred, except where
the tribunal is of opinion that it is necessary in
the interests of justice to deal with the
application afresh.
(4) Every Tribunal shall consist of one person, who
shall be a member of the State Judicial Service
holding a rank, not below that of a District,
sessions or Civil Judge, Class I, and the
appointment of every such person may be made either
by name or by designation.
(5) The Tribunal shall be deemed to be a civil court
and shall have the same powers as may be exercised
by a civil court under the Code of Civil
Procedure,1908(5 of 1908), while trying a suit, or
executing a decree of order.
(6) Notwithstanding any thing contained in the Code
of Civil Procedure, 1908(5 of 1908), the Tribunal
shall follow such procedure as may be prescribed.
(7) The decision of the Tribunal shall be final and
binding upon the parties to the application and it
shall have the force of a decree made by a civil
court.
(8) the execution of any decision of the Tribunal
shall be made by the civil court to which such
decision is set for execution in accordance with the
provisions of the Code of Civil Procedure, 1908 (5
of 1908).
(9) No appeal shall lie against any decision or
order whether interim or otherwise, given or made by
the Tribunal:
Provided That a High Court may, on its own motion or
on the application of the Board or any person
aggrieved, call for and examine the records relating
to any dispute, question or other matter which has
been determined by the Tribunal for the purpose of
satisfying it self as to the correctness, legality
or propriety of such determination and may confirm,
reverse or modify such determination or pass such
order as it may think fit.
84. Tribunal to hold proceedings expeditiously
and to furnish to the parties copies of its
decision.-whenever an application is made to a
Tribunal for the determination of any dispute,
question or other matter relating to a wakf or wakf
property it shall hold its proceedings as
expeditiously as possible and shall as soon as
practicable, on the conclusion of the hearing of
such matter give its decision in writing and furnish
a copy of such decision to each of the parties to
the dispute.
85. Bar of jurisdiction of civil courts.- No
suit or other legal proceedings shall lie in any
civil court in respect of any dispute, question or
other matter relating to any wakf, wakf property or
other matter which is required by or under this Act
to be determined by a Tribunal.
86. Appointment of a receiver in certain cases.-
Notwithstanding any thing contained in the code if
civil procedure, 1908(5 of 1908), or in any other
law for the time being in force, where any suit or
other legal proceeding is instituted or commenced-
(a) by or on behalf or a Board-
(i) to set aside the sale of any immovable property,
which is wakf property, in execution of a decree or
order of a civil court;
(ii) to set aside the transfer of any immovable
property, which is wakf property, made by the
mutawalli thereof, whether for valuable
consideration or not; without or otherwise than in
accordance with, the sanction of the Board;
(iii) to recover possession of the property referred
to in clause (a) or clause (b) or to restore
possession of such property to the mutawalli of the
concerned wakf; or
(b) by a mutawalli to recover possession of
immovable property, which is wakf property, which
has been transferred by a previous mutawalli,
whether for valuable consideration or not, with out
otherwise than in accordance with the sanction of
the Board, and which is in the possession of the
defendant,
The court may, on the application of the plaintiff,
appoint a receiver of such property and direct such
receiver to pay from time to time to the plaintiff,
out of the income of the property, such amount as
the court may consider to be necessary for further
prosecution of the suit.
87. Bar to the enforcement of right on behalf of
unregistered wakfs. -
(1) Notwithstanding any thing contained in any other
law for the time being force, no suit, appeal or
other legal proceeding for the enforcement of any
right on behalf of any wakf which has not been
registered in accordance with the provisions of this
Act, shall be instituted or commenced or heard,
tried or decided by any court after the commencement
or this Act, or where any such suit, appeal or other
legal proceeding has been instituted or commenced
before such commencement, no such suit, appeal or
legal proceeding shall be continued, heard, tried or
decided by any court after such commencement unless
such wakf has been registered,in accordance with the
provisions of this Act.
(2) the provisions of sub section (1) shall apply as
far as may be, to the claim for set off or any other
claim made on behalf of any wakf which has not been
registered in accordance with the provision of this
Act.
88. Bar to challenge the validity of any
notification, etc.-save as otherwise expressly
provided in this Act, no notification or order or
decision made, proceeding or action taken, by the
Central Government or the State Government under
this Act or any rule made there under shall be
questioned in any civil court.
89. Notice if suits by parties against Board.-
No suit shall be instituted against the Board in
respect of any act purporting to be done by it in
pursuance of this Act or of any rules made there
under, until the expiration of two months next after
notice in writing has been delivered to, or left at
the office to the Board, stating the cause of
action, the name description and place of residence
of the plaintiff and the relief which he claims; and
the plaint shall contain a statement that such
notice has been so delivered or left.
90. Notice of suits etc., by courts.-
(1) In every suit or proceeding relating to a title
to or possession of wakf property or the right of a
mutawalli or beneficiary, the court or Tribunal
shall issue notice to the Board at the cost of the
party instituting such suit or proceeding.
(2) Whenever any wakf property is notified for sale
in execution of a decree of a civil court or for the
recovery of any revenue, cess, rates of taxes due to
the Government or any local authority, notice shall
be given to the Board by the court, collector or
other person under whose order the sale is notified.
(3) In the absence of a notice under sub section
(1), any decree or order passed in the suit or
proceeding shall be declared void, if the Board,
within one month of its coming to know of such suit
or proceeding, applies to the court in this behalf.
(4) In the absence of a notice under sub section
(2), the sale shall be declared void, if the Board,
within one month of its coming to know of the sale,
applies in this behalf to the court or other
authority under whose order the sale was held.
91. Proceedings under Act.1 of 1894.-
(1) if, in the course of proceedings under the land
Acquisition Act, 1894 or under any law for the time
being in force relating to the acquisition of land
or other property, it appears to the collector
before an award is made that any property under
acquisition is wakf property, a notice of such
acquisition shall be served by Collector on the
board and further proceedings shall be stayed to
enable the Board to appear and plead as a party to
the proceeding at any time within three months from
the date of the receipt of such notice.
Explanation.- The reference to the collector in the
foregoing provisions of this sub section shall, in
relation to any other law referred to therein, be
construed, if the Collector is not the competent
authority under such other law to make an ward of
the compensation or other amount payable for
acquisition of land or other property thereunder, as
a reference to the authority under such other law
competent to make such award.
(2) Where the Board has reason to believe that any
property under acquisition is wakf property, it may
at any time before the award is made appear and
plead as a party to the proceeding.
(3) When the Board has appeared under the provision
of sub section (1) or subsection (2), no order shall
be passed under section 31 or section 32 of the land
Acquisition Act,, 1894 or under the corresponding
provisions of the law referred to in subsection (1)
without giving an opportunity to the Board to be
heard.
(4) Any order passed under section 31 or section 32
of the Land Acquisition Act, 1894 or under the
corresponding provisions of the other law referred
to in sub section (1) without giving an opportunity
to the Board to be heard, shall be declared void if
the Board, within one month of its coming to know of
the order, applies in this behalf to the authority
which made the order.
92. Board to be party to suit or proceeding.-
In any suit or proceeding respect of a wakf or any
wakf property the Board may appear and plead as a
party to the suit or proceeding.
93. Bar to compromise of suits by or against
mutawallis:- No suit or proceeding in any court
by or against the mutawalli of a wakf relating to
title to wakf property or the rights of the
mutawalli shall be compromised without the sanction
of the Board.
94. Power to make application to the Tribunal in
case of failure of mutawalli to discharge his
duties.-
(1) where a mutawalli is under an obligation to
perform any act which is recongnised by Muslim law
as pious, religious or charitable and the mutawalli
fails to perform such act,, the Board may apply to
the Tribunal for an order directing the mutawalli to
pay to the Board or to any person authorized by the
Board in this behalf the amount necessary for the
performance of such act.
(2) where a mutawalli is under an obligation to
discharge any other duties imposed on him under the
wakf and the mutawalli willfully fails to discharge
such duties, the Board or any person interested in
the wakf may make an application to the Tribunal and
the Tribunal may pass such order thereon as it
thinks fit.
95. Power of appellate authority to entertain
appeal after expiry if specified period.- Where,
under this Act any period has been specified for the
filing of any appeal, the appellate authority may,
if it is satisfied that the appellant was prevented
by sufficient cause from preferring the appeal
within the period so specified, entertain the appeal
after the expiry of the said period. |
