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State of Uttar Pradesh - Section

Section 6 in Uttar Pradesh Muslim Waqfs Act, 1960

6. Survey of waqfs.

(1)The Commissioner shall apportion the work of survey of waqfs between himself and the Additional and Assistant Commissioners in such manner as he may think proper, and shall generally supervise and control their work.
(2)The Commissioner of Waqfs, shall, after making such inquiries as he may consider necessary, ascertain and determine-
(a)the number of all waqfs in the area showing the Shia waqfs and Sunni waqfs separately;
(b)the nature and objects of each waqf;
(c)the gross income of the property comprised in each waqf;
(d)the amount of revenue, cesses, rates, taxes and surcharge payable to the Government or the local authority in respect of each waqf property;
(e)expenses incurred in the realization of the income and the pay or other remuneration of the mutawalli of each waqf;
(f)[* * * ] [Omitted by Section 4 of U. P. Act No.28 of 1971.]
(g)such other particulars relating to each waqf as may be prescribed:
Provided that where there is a dispute as to whether a particular waqf is a Shia waqf or Sunni waqf and there are clear indications in the recitals of the deed of waqf as to the sect to which it pertains, such dispute shall be decided on the basis of such recitals.
(3)The Commissioner shall while making any inquiry, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely-
(a)summoning and examining any witness;
(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 accounts and witnesses ;
(e)making any local inspection or local investigation; and
(f)any other matter which may be prescribed by the State Government.
(4)The Commissioner, the Additional Commissioner of Waqfs or Assistant Commissioner of Waqfs shall submit his report of enquiry, containing the particulars mentioned in sub-section (2) above, to each of the Boards and the State Government and the State Government shall, as soon as possible, notify in the official Gazette the waqfs relating to particular sect, to which, according to such report, the provisions of this Act apply.