The Tamil Nadu State Wakf Board (Validation of Functions of Special Officer) Act, 1975
The Legislature of the State of Tamil Nadu enacted Tamil Nadu Act No. 3 of 1976, the Tamil Nadu State Wakf Board (Validation of Functions of Special Officer) Act, 1975, which received the President’s assent on 19 January 1976 and was first published on 23 January 1976. It retrospectively validates specified acts and proceedings of the Special Officer for Wakfs, gives retrospective effect to the Tamil Nadu Revenue Department notification, III No. 139 of 1971, dated 25 May 1971, and allows certain dismissed proceedings to be restored.
What the Act covers
The Tamil Nadu State Wakf Board (Validation of Functions of Special Officer) Act, 1975 concerns the authority exercised by the Special Officer for Wakfs in Tamil Nadu. The Act defines the Board as the Tamil Nadu State Wakf Board established under the Wakf Act, 1954.
The Special Officer is the officer authorised to exercise and perform all powers and duties of the Board through Tamil Nadu Revenue Department notification No. 11-1 No. 3424 of 1969, dated 10 April 1969, published in the Fort St. George Gazette dated 23 July 1969.
Key provisions
- The Tamil Nadu Revenue Department notification, III No. 139 of 1971, dated 25 May 1971, is treated as having come into force on 19 November 1970.
- The Special Officer is treated as having been duly appointed Secretary to the Tamil Nadu State Wakf Board from 24 May 1971 to 11 July 1971.
- Acts and proceedings undertaken by the Special Officer from 20 November 1970 to 23 May 1971 are treated as legally valid despite the Wakf Act, 1954 or any court or authority decision.
- The validated actions include directions, settled schemes, appointment or removal of muthawallis, sanctions, and suits or other proceedings instituted or defended.
- Acts and proceedings undertaken from 24 May 1971 to 11 July 1971 are treated as valid acts of the Secretary to the Tamil Nadu State Wakf Board.
Who may be affected
The Tamil Nadu State Wakf Board (Validation of Functions of Special Officer) Act, 1975 may affect people or institutions involved in wakf matters addressed by the Special Officer during the stated periods. This includes matters involving muthawallis, schemes, sanctions, litigation and other proceedings.
A buyer, owner or professional dealing with property connected to a wakf may need to check whether a relevant decision or proceeding falls within these validated periods.
Restoration of dismissed cases
A suit or proceeding instituted by the Special Officer between 20 November 1970 and 11 July 1971, and dismissed solely because the Special Officer lacked jurisdiction to institute it, could be restored. The Secretary to the Tamil Nadu State Wakf Board had to apply within six months from the commencement of the Act. The court or authority was then required to set aside the dismissal and continue from the stage immediately before dismissal.
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Common questions
Does the Act validate decisions made by the Special Officer for Wakfs?
Yes. It validates specified acts and proceedings from 20 November 1970 to 11 July 1971, including directions, schemes, muthawalli appointments or removals, sanctions and litigation.
Was the Special Officer treated as Secretary to the Tamil Nadu State Wakf Board?
Yes. The Special Officer is treated as having been duly appointed Secretary to the Board from 24 May 1971 to 11 July 1971.
Could a case dismissed because the Special Officer lacked jurisdiction be reopened?
Yes, if it was instituted between 20 November 1970 and 11 July 1971 and dismissed solely for lack of jurisdiction. Restoration required an application by the Board Secretary within six months from the Act’s commencement.
Could the Act matter when checking a wakf property record?
It may matter if the record depends on an act or proceeding undertaken by the Special Officer during the periods covered by the Act. The Act treats those specified actions as legally valid.
