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PUBLIC WAKFS (EXTENSION OF LIMITATION) ACT

Ministry of Law and Justice

Act nº 29 of 1959


  • Amending Acts
  • Act nº 29 of 1959

Preamble

THE PUBLIC WAKFS (EXTENSION OF LIMITATION) ACT, 1959

[Act, No. 29 of 1959]

[1st September, 1959]

PREAMBLE

An Act to extend the period of limitation in certain cases for suits to recover possession of immovable property forming part of public wakfs.

BE it enacted by Parliament in the Tenth Year of the Republic of India as follows:---

Section 1. Short title and extent.-

(1) This Act may be called the Public Wakfs (Extension of Limitation) Act, 1959.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

Section 2. Definition.-

In this Act, "Public Wakf" means the permanent dedication by a person professing Islam of any immovable property for any purpose recognised by Muslim Law as a public purpose of a pious, religious or charitable nature.

Section 3. Extension of period of limitation in certain cases for suits to re over possession of immovable property forming part of public wakfs.-

Where a person entitled to institute a suit of the description referred to in article 142 or article 144 of the First Schedule to the Indian Limitation Act, 1908, for possession of any immovable property forming part of a public wakf or any interest therein has been dispossessed, or has discontinued the possession, at any time after the 14th day of August, 1947, and before the 7th day of May, 1954, or, as the case may be, the possession ofa the defendant in such a suit has become adverse to such person at any time during the said period, then, notwithstanding anything contained in the said Act, the period of limitation in respect of such a suit shall extend up to the1[the 31st day of December, 1985]

1. Substituted for the words "the 31stday of December 1980". by the Public Wakfs (Extension of Limitation) (Amendment) Act, 1982, w.e.f. 19-08-1982.


Section 4. Repeal and saving.-

(1) The Public Wakfs (Extension of Limitation) Ordinance, 1959 (2 of 1959), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had commenced on the 20th day of July, 1959.

Amending Acts

Amendment Act (22 of 67) NO. 1

THE PUBLIC WAKFS (EXTENSION OF LIMITATION) AMENDMENT ACT, 1967

[Act, No. 22 of 1967]

[14th August, 1967]

PREAMBLE

An Act to amend the public Wakfs (Extension of Limitation) Act, 1959

BE it enacted by Parliament in the Eighteenth Year of the Republic of India as follows :-

1. Short title.-

This Act may be called the Public Wakfs (Extension of Limitation) Amendment Act, 1967.

2. Amendment of section 3.-

In the Public Wakfs (Extension of Limitation) Act, 1959(29 of 1959), in section 3, for the words, figures and letters "the 15th day of August, 1967", the words, figures and letters "the 31st day of December, 1968" shall be substituted.

Amendment Act (9 of 69) NO. 2

THE PUBLIC WAKFS (EXTENSION OF LIMITATION) AMENDMENT ACT, 1969

[Act, No. 9 of 1969]

[26th March, 1969]

PREAMBLE

An Act further to amend the Public Wakfs (Extension of Limitation) Act, 1959.

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:--

1. Short title.-

This Act may be called the Public Wakfs (Extension of Limitation) Amendment Act, 1969.

2. Amendment of section 3 of Act 29 of 1959.-

In the Public Wakfs (Extension of Limitation) Act, 1959 (hereinafter referred to as the principal Act), in section 3, for the words, figures and letters "the 31st day of December, 1968", the words, figures and letters "the 31st day of December, 1970" shall be substituted.

3. Repeal and saving.-

(1) The Public Wakfs (Extension of Limitation) Amendment Ordinance, 1968(13 of 1968), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act as if this Act had come into force on the 31st day of December, 1968.

Amendment Act (9 of 72) NO. 3

THE PUBLIC WAKFS (EXTENSION OF LIMITATION) (DELHI AMENDMENT) ACT, 1972

[Act, No. 9 of 1972]

[12th April, 1972]

PREAMBLE

An Act further to amend the Public Wakfs (Extension of Limitation) Act, 1959.

BE it enacted by Parliament in the Twenty third Year of the Republic of India as follows: -

1. Short title, extent and commencement.-

(1) This Act may be called the Public Wakfs (Extension of Limitation) (Delhi Amendment) Act, 1972.

(2) It extends to the whole of the Union territory of Delhi.

(3) It shall be deemed to have effect from the 1st day of January, 1971.

2. Amendment of section 3.-

In section 3 of the Public Wakfs (Extension of Limitation) Act, 1959 (29 of 1959) (hereinafter referred to as the principal Act), as in force in the Union territory of Delhi, for the words, figures and letters "the 31st day of December, 1970", the words, figures and letters "the 31st day of December, 1972" shall be substituted.

3. Repeal and saving.-

(1) The Public Wakfs (Extension of Limitation) (Delhi Amendment) Ordinance, 1972, (3 of 1972) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the Principal Act is amended by this Act.

Amendment Act (9 of 74) NO. 4

THE PUBLIC WAKFS (EXTENSION OF LIMITATION) (DELHI AMENDMENT) ACT, 1974

[Act, No. 9 of 1974]

[27th March, 1974]

PREAMBLE

An Act further to amend the Public Wakfs (Extension of Limitation Act, 1959, as in force in the Union territory of Delhi.

BE it enacted by Parliament in the Twenty-fifth year of the Republic of India as follows:-

1. Short title, extent and commencement.-

(1) This Act may be called the Public Wakfs (Extension of Limitation) (Delhi Amendment) Act, 1974.

(2) It extends to the whole of the Union territory of Delhi.

(3) It shall be deemed to have effect from the 1st day of January, 1973.

2. Amendment of section 3 of Act 29 of 1959.-

In section 3 of the Public Wakfs (Extension of Limitation) Act, 1959, as in force in the Union territory of Delhi, for the words, figures and letters "the 31st day of December, 1972", the words, figures and letters "the 31st day of December, 1975" shall be substituted.

Amendment Act (12 of 78) NO. 5

THE PUBLIC WAKFS (EXTENSION OF LIMITATION) (DELHI AMENDMENT) ACT, 1978

[Act, No. 12 of 1978]

[30th March, 1978]

PREAMBLE

An Act further to amend the Public Wakfs (Extension of Limitation) Act, 1959 as in force in the Union territory of Delhi.

BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:-

1. Short title extent and Commencement.-

(1) This Act may be called the Public Wakfs (Extension of Limitation) (Delhi Amendment) Act, 1978.

(2) It extends to the whole of the Union territory of Delhi.

(3) It shall be deemed to have effect from the 1st day of January, 1976.

2. Amendment of section 3 of Act, 29 of 1969.-

In section 3 of the Public Wakfs (Extension of Limitation) Act, 1959, as in force in the Union territory of Delhi, for the words, figures and letters "the 31st day of December, 1975", the words, figures and letters "the 31st day of December, 1980" shall be substituted.

Amendment Act (39 of 82) NO. 6

THE PUBLIC WAKFS (EXTENSION OF LIMITATION) (DELHI AMENDMENT) ACT, 1982

[Act, No. 39 of 1982]

[19th August, 1982]

PREAMBLE

An Act further to amend the Public Wakfs (Extension of Limitation) Act, 1959 as in force in the Union territory of Delhi.

BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:-

1. Short title, extent and commencement.-

(1)This Act may be called the Public Wakfs (Extension of Limitation) (Delhi Amendment) Act, 1982.

(2)It extends to the whole of the Union territory of Delhi.

(3)It shall be deemed to have effect from the 1st day of January, 1981.

2. Amendment of section 3 of Act 20 of 1959.-

In section 3 of the Public Wakfs (Extension of Limitation) Act, 1959, as in force in the Union territory of Delhi, for the words, figures and letters "the 31st day of December, 1980", the words, figures and letters "the 31st day of December, 1985" shall be substituted.