36. Powers in relation to Wakafs which have ceased to exist.
(1)The Chairman of a Tehsil Committee shall, if he is satisfied that the objects or any part thereof, of a Wakaf have ceased to exist, hold an inquiry in the prescribed manner, to ascertain the properties and funds pertaining to such Wakaf and after doing so shall pass an order-(a)specifying the property and funds pertaining to the Wakaf and for the recovery of such property or funds so specified ;(b)directing that any property or funds pertaining to the Wakaf which have been recovered shall be applied or utilized for the renovation of any Wakaf property and where there is no need for making any such renovation or where utilization of the funds for such renovation is not possible, be appropriated after obtaining the approval of the Council to any other purpose.(2)The Chairman may, if he has reason to believe that any property, building or other place was/is a Wakaf property and has not been acquired under any law for the time being in force relating to acquisition of land or is not under any process of acquisition under any such law or has not vested in the Government under any law for the time being in force relating to land reforms, and which was being used for religious purpose or for charity has, ceased to be used for that purpose may, after making such inquiry as he thinks fit, make an order,-(a)directing the recovery of such property, building or place from any person who may be in unauthorized possession thereof ; and(b)directing that such property, building or place be used for religious purpose or instruction as before, or if such use is not possible be utilized for any other purpose specified in the Act.
