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Wukf (Supplementdry) [1961: T.N.Act f 9

I[TAMIL NADU] ACT No. 19 OF 19612.

THE '[TAMIL NADU] WAKF (SUPPLEMENTARY)


ACT, 1961.
[Received the assent of the Governor on the 20th April 1961,
$rst published in the Fort St. George Giizoile on tlze
3rd May 1961 (Vaisukhu 13, 1883).]
An Act for extending the operation of tiie Wakf Act,
1954, to any Wakf created by a person professing ,
any religion other than Islam, in the 3[State of
Tamil Nadu].
WHEREAS
it is expedient to extend the operation of the
Wakf Act, 1954 (Central Act 29 of 1954), to any wakf
created by a person professing m y religion other than $i
Islam, i n the 3[State of Tamil Nadu];

BE it enacted in the Twelfth Year of the Republic of India


as follows :-

Snort title, 1. (1) This Act may be called the l[Tarnil Nadu] Wakf
extent and (Supplementary) Act, 1961.
commsnce-
(2) It extends to the whole of the 3Ftate of Tamil
Nadu].
(3) It shall come into f a c e on such date as the State t'
Government may, by notificalion, appoint. P

, These wcrds were substituted for the word "Madrasw by the


Taniil Nadu Adaplation of Laws Order, 1969, as amended by th2
Tamil Nddu Adaptation of Laws (Second Amendment) order
1969.
For S f a!emen t of Objects and Reasons, See Fort St. George
Gazette Ex: raordi mry, dated the 23rd February 1961, Part IV-
Seciion 3, page 37.

his express~onwas substil.uted for the expression "State of


Madras'? by the Tamil Nadu Adaptat:on of Laws Order, 1969, as
~mendedby the Tamil Nadu Adaptation of Laws (Second Amend-
--.tot) Qyder, 1 969. *
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2. The term "wakf " defined in clause (1) of section 3 ofThe term
the Wakf Act, 1954 (Centri.1 Act 29af 1954) (hereinafter " ~ a k f "in
~eferredto as the raid Act), shall include all property Central
29 1954 Act
given or endowed by any person professing any religion to include
other than Islam for the support of - endowment.

(i) mosques, idgahs, imambaras, dargahs, khangahs or


maqbaras ;
(ii) graveyards of persons professing Islam 8 imb
(iii) choultries for, or musafarkhanas for, the benefit
of persons professin2 Ishm :
and the term " wakf " defined in the clause afortsaid shall
include any person aforesaid.

3. All the provisions of the said Act except seaion 62 Application


sllall apply to the property included by this Act in the of Cefitral
definition of the term " wakf " in the said Act as they Act 2J of
1954.
apply to the wakfs governed by the-said Act.

4. (1)Any surve of properties included by this Act Validation


in the definition o j t h e term "wid$." in the: said Act, of sfl~ve~of
wnkfs,
made befare the date of the commenbment of this Act by
the Commissioner of Wakfs or Additional or Assistant
Commissioner of Wakfs appointed under section 4 of
the said Act, shall be deemed to have been madc ;i:
accordance with the provisions of the said Act as if i h s
Act was in force at the time such survey was made :

provided that nothing contained iii this section sh;lij


or be construed to extend, to affect any persoc
with any punishment or penalty whatsoever by reason of
non.corr;pliance before the date of the comrnzncement
of this Act with any order or notice issued in ~espectof
such properties by the Commissioner of Wakfs, Additionai
0, Assi&.int Commissioner of IVakfs aforesaid or by the
Board of Wakfs established under the said Act.

(2) T b provisions of section 7 of the said Act shall


apply to such survey of properties as is referred to in wb-
section (1) as those provisions apply to a survey of proper-
ties of wakf made under the said Act.