UWMEED Act 6Chapter II · Survey of Auqaf
Section 6 · Disputes regarding auqaf
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6. Disputes regarding 1[auqaf].--- (1) If any question arises whether a particular property specified as
2[waqf] property in the list of 1[auqaf] is 2[waqf] property or not or whether a 2[waqf] specified in such list
is a Shia 2[waqf] or Sunni 2[waqf]
3[or Aghakhani waqf or Bohra waqf], the Board or the mutawalli of the
2[waqf] or 4[any person aggrieved] may institute a suit in a Tribunal for the decision of the question
5****:
Provided that no such suit shall be entertained by the Tribunal after the expiry of 6[two years] from the date of the publication of the list of 1[auqaf]:
7[Provided further that an application may be entertained by the Tribunal after the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he has sufficient cause for not making the application within such period.]
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(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any 2[waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
(3) The 9[Collector] shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(4) The list of 1[auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal under sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).
Provided that no such suit shall be entertained by the Tribunal after the expiry of 6[two years] from the date of the publication of the list of 1[auqaf]:
7[Provided further that an application may be entertained by the Tribunal after the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he has sufficient cause for not making the application within such period.]
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(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any 2[waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
(3) The 9[Collector] shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(4) The list of 1[auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal under sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).
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