State Act

THE UTTAR PRADESH MUSLIM WAQFS ACT, 1960

This Act was repealed on 1 January 1996 by the Waqf Act, 1995 (Central Act 43 of 1995), s.112(3); it may still apply to matters that began before then.

49-B (1) If the Board is satisfied after making an inquiry in such manner as may be prescribed that any immovable property entered as property of a waqf in the register of waqfs maintained under section 30, has been transferred without the previous sanction of the Board in contravention of the provisions of section 49-A, 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 it or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing it on some conspicuous part of his last known place of "bode or business, or by giving or tendering it 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 member or servant of his family shall be deemed to be service upon the minor. (4) Any person aggrieved by an 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 Court of the District Judge within whose jurisdiction the property is situate. (5) The District Judge may either dispose of the appeal himself or may transfer it to the Court of any Additional District Judge or Civil Judge under his administrative control, and may also withdraw any such appeal and either dispose of the same or transfer it to any other Court of Additional District Judge or Civil Judge under his administrative control, and in every case the decision of the court shall be final. (6) Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without any 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 as may be necessary, for the purpose, and then deliver it to the Board. (7) In exercising his functions under this section the Collector shall be guided by such rules as may be made in that behalf by the State Government.]1