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State of Jammu-Kashmir - Section

Section 35 in Jammu and Kashmir Wakafs Act, 2001

35. Powers of inspection by Chairman or person authorised by him.

(1)With a view to examining whether, by reason of any failure or negligence on the part of a manager in the performance of his duties, any loss or damage has been caused to any Wakaf property, the Chairman, or any other person authorized by him in writing in this behalf, may inspect all or any movable and/or immovable Wakaf properties, and all records, correspondence, plans, accounts and other documents relating thereto :Provided that such inspection shall be made at least twice a year, in relation to every Wakaf.
(2)Whenever any such inspection as is referred to under subsection (1) is made, the concerned manager and all officers and other employees working under him and every person concerned with the administration of Wakaf shall read to the person making such inspection, all such assistance and facilities as may be necessary and reasonably required by him to carry out such inspection and also produce for inspection any moveable property or documents relating to the Wakaf as may be called of by the person making the inspection and furnish to him such information relating to the Wakaf as may be required by him.
(3)Where after any such inspection, it appears that the concerned manager or any officer or other employee who is working under him or had been working under him had misappropriated misapplied or fraudulently retained any money or other Wakaf property, or had incurred irregular, unauthorized or improper expenditure from the funds of the Wakaf, the Chairman may, after giving the manager or the person concerned a reasonable opportunity of being heard, make an order directing such person to make payment of the amount so determined from his personal funds, or to restore the property aforesaid to the Wakaf within such time not exceeding fifteen days as may be specified in the order and in case he fails to deposit or refuses to make the payment, the Chairman shall recover the same as an arrear of land revenue from that person. The Chairman shall have all the powers of collector under the Land Revenue Act, Samvat 1996 to effect the recovery of the property so retained or misappropriated.