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State of Jammu-Kashmir - Section

Section 37 in Jammu and Kashmir Wakafs Act, 2001

37. General powers of the Chairman.

- The Chairman of a Tehsil Committee or any person duly authorized by him in this behalf shall,-
(a)subject to such conditions and restrictions as may be prescribed and without payment of any fees as may be leviable under any law for the time to inspect in any public office any record, register or other documents relating to a Wakaf or movable or immovable properties which are Wakaf properties or claimed to be Wakaf properties ;
(b)frame schemes for the administration of Wakaf ;
(c)where any person is in arrears of any sum payable in respect of any Wakaf property under the Act, or under the Act, or under any other law for the time being in force, by order require that person to pay the same within such time and in such installments as may be specified in the order and if such person refuse or fails to pay the arrears of sum or any installment thereof within the time specified in the order relating thereto, the Chairman shall then proceed to recover the same as an arrears of land revenue in the manner as provided in the Land Revenue Act, and for that purpose shall have all powers of the Collector under the Land Revenue Act, Samvat 1996.
(d)immediately after the period of lease has expired unless the same is renewed or extended by the Council in the manner provided under the Act, or where the lease has been terminated by the Council for any reasons to be recorded, without any notice enter into the Wakafs premises and take possession of the same and for that matter he-
(i)may take such police assistance and use such for as may be required ; and
(ii)shall have all the powers of a Civil Court which are exercised by the later in the execution decrees.
(e)appoint, remove and transfer the Imams, Khatib etc. of Mosque, Dargah or Khankah ; and
(f)have the power to remove encroachments on and take over possession of the Wakaf property in the manner provided under the Act, or the rules framed thereunder.