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State of Jammu-Kashmir - Section

Section 52 in Jammu and Kashmir Wakafs Act, 2001

52. Power to require payment of rent or damages in respect of Wakaf premises.

(1)Where any person is, or has at any time been in unauthorised occupation of any Wakaf premises, the Chairman, Tehsil Committee may, having regard to such principles of assessments of damages as may be prescribed, assess the damages on account of use and occupation of such Wakaf premises and may by order, require that person to pay the damage within such time and in such installments as may be specified in the order.
(2)While making an order under sub-section (1), the Chairman, Tehsil Committee may direct that the damages shall be payable with the simple interest at rate not exceeding 12 per cent per annum.
(3)No order under sub-section (1) shall be made against any person until after the issue of the notice in writing to the person calling upon him to show cause within such time not later than ten days as may be specified in the notice, why such order should not be made, and until his objections, if any, have been considered by the Chairman, Tehsil Committee.