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State of Jammu-Kashmir - Section

Section 4 in Jammu and Kashmir Wakafs Act, 2001

4. Preliminary survey of Wakafs.

(1)The Government may, by notification in the Government Gazette, appoint for the State, one or more Special Officer, as may be necessary, for the purpose of making a survey Wakafs in any area in which the Act is in force.
(2)Such appointment may be terminated by the Government at any time for reasons to be recorded.
(3)The Special Officer shall, after making such inquiry as he may consider necessary, submit his report to the Government containing the following particulars in resect of Wakafs, namely :-
(a)number of Wakafs in the area ;
(b)the nature and object of the each Wakaf ;
(c)the gross income of the property comprised in each Wakaf ;
(d)the amount of land revenue cesses, rates and taxes payable in respect such property of income and the pay or other remuneration of the manager of each Wakaf ;
(e)the expenses incurred in the realization of the income and the pay or other remuneration of the manager of each Wakaf ; and
(f)such other particulars relating to each Wakaf as may be prescribed.
(4)The Special Officers in making such inquires shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, Samvat 1977 (Act X of Samvat 1977) in request 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)other matter which may be prescribed.
(5)If during any such inquiry, any dispute arises as to whether a particular Wakaf is a Wakaf within the meaning of the 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.