The Wakfs Act 1954, 29 of 1954, (Rep., Act 43 of 1995) · II — SURVEY OF WAKPS

Section 4. Preliminary survey of wakJEs

Repealed or not in force · As amended up to 2026-08

(4) The Commissioner shall, while making any inquiry, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1.908 (Act V of 1908) in respect of the following matters, namely: — (a) summoning and examining any witness; (b) requiring the discovery and production of any document; 190 THE GAZETTE OF INDIA EXTRAORDINARY tgART It (c) requisitioning any public record from any court or office; (d) issuing commissions for the examination of any witness or accounts; (<e) making any local inspection or local investigation; - (f) any other matter which may be prescribed. (2) Upon the publication of a notification under sub-section (J) superseding the Board,— (a) nil the members of the Board shall, as from the date of supersession, vacate their offices as such members; (b) ftll the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct; and (c) all property vested in the Board shall, during the period of supersession, vest in the State Government. (5) If, during any such inquiry, any dispute arises as to whether a particular wakf is a Shia wakf or Sunni wakf and there are clear indications in the deed of wakf as to its nature, the dispute shall be decided on the basis of such deed. 64. Power to supersede the Board.—(1) If the State Government is of opinion that the Board is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, the State Government may, by notification in the Official Gazette, supersede the Board for such period as may be specified in the notification: Provided that before issuing a notification under this sub-section, the State Government shall give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board.

Source: India Code