Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Jammu-Kashmir - Section

Section 20 in Jammu and Kashmir Wakafs Act, 2001

20. Wakaf Committee and its incorporation.

(1)The Government may, by notification in the Government Gazette, establishment or more Wakaf Committees in each Tehsil for the purpose of the Act :Provided that any committee established under any law for the time being in force immediately before the commencement of the Act for any area or for one or more Wakafs in an area shall continue to function as such till a new Committee for Tehsil is constituted under the Act :Provided further that the Government may at any time before the Committee for Tehsil is constituted under the Act, dissolve the Committee referred to in the preceding proviso and thereupon-
(a)all powers and duties of the Committee, so dissolved shall until the Committee for Tehsil is constituted be exercised and performed by the such person as the Government may appoint in that behalf and the person so appointed shall be called the Administrator of the Tehsil Committees ; and
(b)all properties managed by the Committee shall, until the Committee for Tehsil is constituted, be managed by the Administrator :
Provided also that if on the date of commencement of the Act there is no Committee or Administrator in respect of any Wakaf the Government may appoint any person as an Administrator who shall exercise all the powers and perform all the duties of Tehsil Committee with respect to the said Wakaf and the appointment so made shall be subject to clause (a) of the preceding proviso.
(2)The Administrator appointed under clause (a) sub-section (1) may at any time be removed by the Government and a new Administrator may be appointed in his stead.
(3)Notwithstanding anything contained in sub-section (1), if before the commencement of this Act, any Wakaf is governed, managed for administered by any trust deed created in respect of that Wakaf in any area, the managing body, by whatever name called, of each such Wakaf shall be deemed to be the Tehsil Wakaf Committee for such Wakaf for the purpose of the Act.
(4)Notwithstanding contained in the Act, it shall be lawful for a Tehsil Committee to affiliate any Wakaf with the all Jammu and Kashmir Muslim Auqaf Trust and thereupon the provisions of the Act shall apply to such Wakaf in the same manner as they apply to any other Wakaf covered by such Trust.
(5)The Tehsil Committee, shall be a body corporate having perpetual succession and common seal with power to acquire and hold the property notwithstanding anything contained to the contrary in any law for the time being in force and shall by the said name sue and be sued.