Section 39:
Powers of Board in relation to auqaf which have ceased to exist.
39. Powers of Board in relation to 2
[auqaf] which have ceased to exist.--(1) The Board shall, if it
is satisfied that the objects or any part thereof, of a 1[waqf] have ceased to exist, whether such cesser took
place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive
Officer, in the prescribed manner, to ascertain the properties and funds pertaining to such 1[waqf].
(2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an
order,--
(a) specifying the property and funds of such 1[waqf];
(b) directing that any property or funds pertaining to such 1[waqf which have been recovered
shall be applied or utilised for the renovation of any 1[waqf] property and where there is no need for
making any such renovation or where utilisation of the funds for such renovation is not possible, be
appropriated, to any of the purposes specific in sub-clause (iii) of clause (e) of sub-section (2) of
section 32.
(3) The Board may, if it has reason to believe that any building or other place which was being used
for religious purpose or instruction or for charity has, whether before or after the commencement of this
Act, ceased to be used for that purpose, make an application to the Tribunal for an order directing the
recovery of possession of such building or other place.
(4) The Tribunal may, if it is satisfied, after making such inquiry as it may think fit, that such building
or other place--
(a) is 1[waqf] property;
(b) has not been acquired under any law for the time being in force relating to acquisition of land
or is not under any process of acquisition under any such law, or has not vested in the State
Government under any law for the time being in force relating to land reforms; and
(c) is not in the occupation of any person who has been authorised by or under any law for the
time being in force to occupy such building or other place, make an order--
(i) directing the recovery of such building or place from any person who may be in
unauthorised possession thereof, and
(ii) directing that such property, building or place be used for religious purpose or instruction
as before, or if such use is not possible, be utilised for any purpose specified in sub-clause (iii) of
clause (e) of sub-section (2) of section 32.
Notes:
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).