Civil Procedure Code (CPC)

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Click here for Formation and Working of the WAQF Council

• The Waqf Act of 1995, Section 83, allows the State Government to create as many tribunals as they see fit for the administration of waqf and waqf property by notifying the Official Gazette.

• Under the Code of Civil Procedure, 1908, the Tribunals are considered to be civil courts and must exercise all of the powers and duties that a civil court does. The Tribunal's decision is definitive and binding on the parties. No civil court shall have jurisdiction over any suit or legal action that this act needs to be decided by a Tribunal.

• Members of the Tribunals: The Tribunals will be made up of the following individuals: One member of the State Judicial Service who is not below the rank of District, session, or Civil judge, one member of the State Civil Services who is equal to the rank of District Magistrate, and one person with knowledge of Muslim Law and Jurisprudence.

• When a mutawalli fails to perform his duties as prescribed by Muslim Law or is unable to discharge the duties to which he is obligated, the board must file a complaint with the Tribunal, and the Tribunal can take appropriate action.

• If the waqf land is subject to the jurisdiction of two or more tribunals, the claim must be made to the tribunal in whose local jurisdiction the mutawalli resides.

• Where an application made under subsection (1) relates to waqf property that falls within the territorial limits of the jurisdiction of two or more Tribunals, the application may be made to the Tribunal within whose local limits the mutawalli or any one of the mutawallis of the waqf actually and voluntarily resides, carries on business, or personally works for gain.

• Provided, however, that the State Government may, if it believes it is in the best interests of the waqf or any other person interested in the waqf or waqf property, transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question, or other matter relating to such waqf or waqf property, transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question, or other matter relating to such waqf of waqf property.

• The Tribunal would be treated as a trial court and will have the same powers that a federal court will have while trying a case or enforcing a decision or order under the Code of Civil Procedure, 1908.

• The Tribunal shall observe such procedure as may be prescribed, notwithstanding anything in the Code of Civil Procedure, 1908.

• The Tribunal's decision is definitive and binding on the parties to the application, and it has the legal force of a civil court order.

• The civil court to which the Tribunal's decision is submitted for execution shall carry out the decision in accordance with the rules of the Code of Civil Procedure, 1908.

• No appeal shall be allowed against any decision or order issued by the Tribunal, whether interim or final:

• A High Court may, on its own motion or on the application of the Board or any person aggrieved, order and examine the records relating to any dispute, issue, or other matter decided by the Tribunal for the purpose of ascertaining the correctness, legality, or propriety of such determination, and may confirm, reverse, or modify such determination or pave the way for further proceedings.

• Whenever an application is made to a Tribunal for the resolution of any conflict, issue, or other matter relating to a waqf or waqf land, the Tribunal shall conduct its proceedings as quickly as possible and shall, as soon as practicable, give its decision in writing and provide a copy of such decision to each of the parties to the dispute.

• No suit may be brought against the Board for any act purporting to be done by it in pursuance of this Act or any rules made thereunder until two months have passed after notice in writing has been sent to, or left at, the Board's office, stating the cause of action, the plaintiff's name, description, and place of residence, and the relief sought.

Click here for Powers Of The WAQF ACT, 1955


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