Home | Databases | WorldLII | Search | Feedback Indian Numbered Acts

PUBLIC WAKFS (EXTENSION OF LIMITATION) ACT 1959

ACT NO. 29 OF 1959

[1st September, 1959.]

Short title and extent.

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.

Definition. 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.

Extension of period of limitation in certain cases for suits torecover possession of immovable property forming part of public wakfs. 3. Extension of period of limitation in certain cases for suits to recover 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, (9 of 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 of 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 1*[the 31st day of December, 1970].

Repeal and saving.

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 (1) The Public Wakfs (Extension of Limitation) Ordinance, 1959(2 of 1959.), is hereby repealed.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. Amended in Haryana by Haryana Act 22 of 1971. Amended in Kerala by Kerala Act 8 of 1971. Amended in Andhra Pradesh by A.P. Act, 9 of 1972. Amended in West Bengal by W.B. Act 33 of 1972. Amended in Tamil Nadu By T.N. Act 19 of 1972. Amended in Orissa by Orissa Act 22 of 1972. 12 of 1975. Amended in Mysore by Mysore, Act 11 of 1973. 46 of 1976. Amended in Punjab by Punjab Act 41 of 1973. 24 of 1976. Amended in Delhi by Act 9 of 1974. Amended in Madhya Pradesh by M.P. Act 29 of 1975. 28 of 1976. Amended in Himachal Pradesh by H.P. Act 16 of 1974 & 38 of 1976. Amended in Himachal Pradesh by H.P. Act 13 of 1978. Amended in Andhra Pradesh by A.P. Act 15 of 1978. Amended in its application to Delhi by Acts 9 of 1972, 9 of 1974 12 of 1978 & 39/1982. --------------------------------------------------------------------- 1 subs. by Act 9 of 1969, s, 2, for "the 31st day of December, 1968".