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44. Budget.-
(1) Every mutawalli of a wakf shall, in every year
prepare, in such form and at such time as may be
prescribed, a budget in respect of the financial
year next ensuing showing the estimated receipts and
expenditure during that financial year.
(2) Every such budget shall be submitted by the
mutawalli at least ninety days before the beginning
of the financial year to the Board and shall made
adequate provision for the following.-
(i) for carrying out the objects of the wakf;
(ii) for the maintenance and preservation of the
wakf property;
(iii) for the discharge of all liabilities and
subsisting commitments binding on the wakf under
this Act or any other law for the time being in
force.
(3) The Board may give such directions for making
alterations, omissions or additions in the budget as
it may deem fit, consistent with the objects of the
wakf and the provisions of this Act.
(4) If in the course of the financial year the
mutawalli finds it necessary to modify the
provisions made in the budget in regard to the
receipt or to the distribution of the amounts to be
expended under the different heads, he may submit to
the Board a supplementary or a revised budget and
the provisions of sub-section (3) shall, as far as
may apply to such supplementary or revised budget.
45. Preparation of budget of wakfs under direct
management of the Board.-
(1) The Chief Executive Officer shall prepare, in
such form and at such time as may be prescribed, a
budget in respect of the financial year next ensuing
showing the estimated receipts and expenditure for
each of the wakfs under the direct management of the
Board, Showing therein the estimated receipts and
expenditure and submit it to the Board for its
approval.
(2) While submitting the budget under sub-section
(1), the Chief Executive Officer shall also prepare
statement giving details of the increase, if any, in
the income of each wakf under the direct management
of the Board and the steps which have been taken for
its better management and the results accruing there
from during the year.
(3) The Chief Executive Officer shall keep regular
accounts and be responsible for the proper
management of every wakf under the direct management
of the Board.
(4) Every budget submitted by the Chief Executive
Officer under sub-section (1) shall comply with the
requirements of section 46 and, for this purpose,
references therein to the mutawalli of the wakf
shall be construed as pre-references to the Chief
Executive Officer.
(5) The audit of accounts of every wakf under the
direct management of the Board shall be under taken
by the State Examiner of Local Funds or any other
officer appointed by the State Government for this
purpose, irrespective of the income of wakf.
(6) The provisions of sub-sections (2) and (3) of
section 47 and the provisions of sections 48 and 49
shall, in so far as they are not inconsistent with
the provisions of this section, apply to the audit
of accounts referred to in this section.
(7) Where any wakf is under the direct management of
the Board, such administrative charges as may be
specified by the Chief Executive Officer shall be
payable by the wakf to the Board:
Provided that the Chief Executive Officer shall not
collect more than ten percent of the gross annual
income of the wakf under the direct management of
the Board as administrative charges.
46. Submission of accounts of wakfs.-
(1) Every mutawalli shall keep regular accounts.
(2) Before the 1st day of May next, following the
date on which the application referred to in Section
36 has been made and thereafter before the 1st day
of May in every year, every mutawalli of a wakf
shall prepare and furnish to the Board a full and
true statement of accounts, in such form and
containing such particulars as may be provided by
regulations by the Board, of all moneys received or
expended by the mutawalli on behalf of the wakf
during the period of twelve months ending on the
31st day of March, or as the case may be, during
that portion of the said period during which the
provisions of this Act, have been applicable to the
wakf:
Provided that the date on which the annual accounts
are to be closed may be varied at the discretion of
the Board.
47. Audit of accounts of wakfs.-
(1) The accounts of wakfs submitted to the Board
under Section 46 shall be audited and examined in
the following manner, namely:-
(a) in the case of a wakf having no income or a net
annual income not exceeding ten thousand rupees, the
submission of statement of accounts shall be a
sufficient compliance with the provisions of Section
46 and the accounts of two per cent of such wakfs
shall be audited annually by an auditor appointed by
the Board;
(b) the accounts of the wakf having net annual
income exceeding ten thousand rupees shall be
audited annually, or at such other intervals as may
be prescribed, by an auditor appointed by the Board
from out of the panel of auditors prepared by the
State Government and while drawing up such panel of
auditors, the State Government shall specify the
scale of remuneration of auditors;
(c) the State Government may, at any time cause the
account of any wakf audited by the State Examiner of
Local Funds or by any other officer designated for
that purpose by that State Government;
(2) The auditor shall submit his report to the Board
and the report of the auditor shall among other
things, specify all cases of irregular, illegal or
improper expenditure or of failure to recover money
or other things property caused by neglect or
misconduct and any other matter which the auditor
considers it necessary to report; and the report
shall also contain the name of any person who, in
the opinion of the auditor, is responsible for such
expenditure or failure and auditor shall in every
such case certify the amount of such expenditure or
loss as due from such person.
(3) The cost of the audit of the accounts of a wakf
shall be met from the funds of that wakf:
Provided that the remuneration of the auditors
appointed from out of the panel drawn by the State
Government in relation to wakfs having a net annual
income of more than ten thousand rupees but less
than fifteen thousand rupees shall be paid in
accordance with the scale of remuneration specified
by the state Government under clause (c) of
sub-section(1) :
Provided further that where the audit of the
accounts of any wakf is made by the State Examiner
of Local Funds or any other officer designed by the
State Government in this behalf, the cost of such
audit shall not exceed one and a half per cent of
the net annual income of such wakf and such costs
shall be met from the funds of the wakfs concerned.
48. Board to pass orders on auditor’s report.-
(1) The Board shall examine the auditor’s report,
and may call for the explanation of any person in
regard to any matter mentioned there in, and shall
pass such orders as it thinks fit including orders
for the recovery of the amount certified by the
auditor under sub-section (2) of section 47.
(2) The mutawalli or any other person aggrieved by
any order made by the Board may, within thirty days
of the receipt by him of the order, apply to the
Tribunal to modify or set aside the order and the
Tribunal may, after taking such evidence as it may
think necessary, confirm or modify the order or
remit the amount so certified, either in whole or in
part, and may also make such order as to costs as it
may think appropriate in the circumstances of the
case.
(3) No application made under sub-section (2) shall
be entertained by the Tribunal unless the amount
certified by the auditor under sub-section (2) of
section 47 has first been deposited in the Tribunal
and the Tribunal shall not have any power to stay
the operation of the order made by the Board under
sub-section (1)
(4) The order made by the Tribunal under sub-section
(2) shall be final.
(5) Every amount for the recovery of which any order
has been made under sub-section (1) or sub-section
(2) shall, where such amount remains unpaid, be
recoverable in the manner specified in Section 34 or
Section 35 as if the said order were an order for
the recovery of any amount determined under
sub-section (3) of Section 35.
49. Sums certified to be due recoverable as
arrears of land revenue.-
(1) Every sum certified to be due from any person by
an auditor in his report under Section 47 unless
such certificate is modified or cancelled by an
order of the Board or of the Tribunal made under
Section 48, and every sum due on a modified
certificate shall be paid by such person within
sixty days after the service of a demand for the
same issued by the Board.
(2) If such payment is not made in accordance with
the provisions of sub-section (1), the sum payable
may, on a certificate issued by the Board after
giving the person concerned an opportunity of being
heard, be recovered in the same manner as an arrear
of land revenue.
50. Duties of mutawalli.- It shall be the duty of
every mutawalli-
(a) to carry out the directions of the Board in
accordance with the provisions of the Act or of Any
rule or order made thereunder;
(b) to furnish such returns and supply such
information or particulars as may from time time be
required by the Board in accordance with the
provisions of this Act or of any rule or order made
thereunder;
(c) to allow inspection of wakf properties, accounts
or records or deeds and documents relating thereto;
(d) to discharge all public dues; and
(e) to do any other act which he is lawfully
required to do by or under this Act.
51.Alienation of wakf property without sanction
of Board to be void.-
(1) Notwithstanding anything containing in the wakf
deed, any gift, sale or exchange mortgage of any
immovable property which is wakf property, shall be
void unless such gift, sale, exchange or mortgage is
effected with the prior sanction of the Board:
Provided that no mosque, dargah or khangah shall be
gifted, sold, exchanged or mortgaged expect in
accordance with any law for the time being in force.
(2) The Board may, after publishing in the Official
Gazette, the particulars relating to the
transactions referred to in sub-section (1) and
inviting any objections and suggestions, if any,
that may be received by it from the concerned
mutawalli or any other person interested in the wakf
. accord sanction to such transaction if it is
opinion that such transaction is-
(i) necessary or beneficial to the wakf;
(ii) consistent with the objects of the wakf;
(iii) the consideration thereof is reasonable and
adequate:
Provided that the sale of any property sanctioned by
the Board shall be effected by public auction and
shall be subject to confirmation by the Board within
such time as may be prescribed:
Provided further that the Tribunal may, on the
application of the aggrieved mutawalli or other
person, for reasons to be recorded by it in writing,
permit such sale to be made otherwise than by public
auction, if it is opinion that it is necessary so to
do in the interest of the wakf.
(3) The utilization or investment of the amount
realized by the sale or exchange mortgage of any
property shall be made by the mutawalli subject to
the approval of the Board, and where any amount has
been raised by mortgage of any such property the
mutawalli or other person shall make repayment of
the mortgage debt and obtain a discharge of the
mortgage-debt from the mortgage within such
reasonable time as the Board may specify.
(4) Every approval given by the Board under
sub-section (3) shall be communicated to the
mutawalli and shall also be published in the manner
prescribed.
(5) The mutawalli or any other person having an
interest in the wakf who is aggrieved by the
decision given under sub-section (3), may, within
ninety days from the date of communication to him of
such decision or the publication of the decision, as
the case may be, prefer an appeal to the Tribunal
against such decision, and, thereupon, the Tribunal
may, after giving the appellant and the Board, a
reasonable opportunity of being heard, confirm,
modify or set aside such decision.
52. Recovery of wakf property transferred in
contravention of Section 51.-
(1) If the Board is satisfied, after making any
inquiry in such manner as may be prescribed, that
any immovable property of a wakf entered as such in
the register of wakf maintained under Section 36,has
been transferred without the previous sanction of
the Board in contravention of the provisions of
Section 51, it may send a requisition to the
Collector within whose jurisdiction the property is
situate to obtain and deliver possession of the
property to it.
(2) On receipt of a requisition under sub-section
(1), the Collector shall pass an order directing the
person in possession of the property to deliver the
property to the Board within a period of thirty days
from the date of the service of the order.
(3) Every order passed under sub-section (2) shall
be served-
(a) by giving or tendering the order, or by sending
it by post to the person for whom it is intended; or
(b) if such person cannot be found, by affixing the
order on some conspicuous part of his last known
place of above or business, or by giving or
tendering the order to some adult male member or
servant of his family or by causing it to be affixed
on some conspicuous part of the property to which it
relates:
Provided that where the person on whom the order is
to be served is a minor, service upon his guardian
or upon any adult male member or servant of his
family shall be deemed to be service upon the minor.
(4) Any person aggrieved by the order of the
Collector under sub-section (2) may, within a period
of thirty days from the date of the service of the
order, prefer an appeal to the Tribunal within whose
jurisdiction the property is situate and the
decision of the Tribunal on such appeal shall be
final.
(5) Where an order passed under sub-section (2) has
not been complied with and the time for appealing
against such order has expired without an appeal
having been preferred or the appeal, if any,
preferred within that time has been dismissed, the
Collector shall obtain possession of the property in
respect of which the order has been made, using such
force, if any, as may be necessary for the purpose
and deliver it to the Board.
(6) In exercising his functions under this section
the Collector shall be guided by such rules as may
be provided by regulations.
53. Restriction on purchase of property on behalf
of wakf.-
Notwithstanding anything contained in a wakf deed,
no immovable property shall be purchased for or on
behalf of any wakf from the funds of any wakf except
with the prior sanction of the Board, and the Board
shall not accord such sanction unless it considers
that the acquisition of such property is necessary
or beneficial to the wakf and that the price
proposed to be paid therefore is adequate and
reasonable:
Provided that before such sanction is accorded, the
particulars relating to the proposed transaction
shall be published in the Official Gazette inviting
objections and suggestions with respect there to and
the board shall, after considering objections that
may be received by it from mutawallis or other
persons interested in the wakf, make such orders as
it may think fit.
54. Removal of encroachment from wakf property
(1) Whenever the Chief Executive Officer considers
whether on receiving any complaint or on his own
motion that there has been an encroachment on any
land, building, space or other property which is
wakf property and, which has been registered as such
under this Act, he shall cause to be served upon the
encroacher a notice specifying the particulars of
the encroachment and calling upon him to show cause
before a date to be specified in such notice, as to
why an order requiring him to remove the
encroachment before the date so specified should not
be made and shall also send a copy of such notice to
the concerned mutawalli.
(2) The notice referred to in sub-section (1) shall
be served in such manner as may be prescribed.
(3) If, after considering the objections, received
during the period specified in the notice, and after
conducting an inquiry in such manner as may be
prescribed, the Chief Executive Officer is satisfied
that the property in question is wakf property and
that there has been an encroachment on any such wakf
property, he may, by an order, require the
encroacher to remove such encroachment and deliver
possession of the land, building, space or other
property encroached upon to the mutawalli of the
wakf.
(4) Nothing contained in sub-section (3) shall
prevent any person aggrieved by the order made by
the Chief Executive Officer under that sub-section
from instituting a suit in a Tribunal to establish
that he has right, title or interest in the land,
building, space or other property:
Provided that no such suit shall be instituted by a
person who has been let into possession of the
land,building,space or other property as a lessee,
licensee or mortgagee by the mutawalli of the wakf
or by any other person authorized by him in this
behalf.
55. Enforcement of orders made under Section 54
Where the person, ordered under sub-section (3) of
Section 54 to remove any encroachment, omits or
fails to remove such encroachment, within the time
specified in the order or, as the case may be, fails
to vacate the land, building. Space or property to
which the order relates, within the time aforesaid,
the Chief Executive Officer may apply to the
sub-Divisional Magistrate within the local limits of
whose jurisdiction the land, building, space or
other property is situated for evicting the
encroacher, and, thereupon, such magistrate shall
make an order directing the encroacher to remove
encroachment, or as the case may be, vacate the
land, building, space or other property and to
deliver possession thereof to the concerned
mutawalli and in default of compliance with the
order, remove the encroachment or, as the case may
be, evict the encroacher from the land, building,
space or other property and may, for this purpose,
take such police assistance as may be necessary.
56. Restriction on power to grant lease of wakf
property
(1) A lease or sub-lease for any period exceeding
three years of any immovable property which is wakf
property shall, notwithstanding anything contained
in the deed or instrument of wakf or in any other
law for the time being in force, be void and of no
effect.
(2) A lease or sub-lease for a period exceeding one
year and not exceeding three years of immovable
property which is wakf property shall,
notwithstanding anything contained in the deed or
instrument of wakf or any other law for the time
being in force, be void and of no effect unless it
is made with previous sanction of the Board.
(3) The Board shall, in granting sanction for lease
or sub-lease or renewal thereof under this section
review the terms and conditions on which the lease
or sub-lease is proposed to be granted or renewed
and make its approval subject to the revision of
such terms and conditions in such manner as it may
direct.
57. Mutawalli entitled to pay certain costs from
income of wakf property.-
Notwithstanding anything contained in the wakf deed,
every mutawalli may pay from the income of the wakf
property any expenses properly incurred by him for
the purpose of enabling him to furnish any
particulars, documents or copies under Section 36 or
any accounts under Section 46 or any information or
documents required by the Board or for the purpose
of enabling him to carry out the directions of the
Board.
58. Power of Board to pay dues in case of default
by mutawalli.-
(1) Where a mutawalli refuses to pay or fails to pay
any revenue, cess, rates or taxes due to the
Government or any local authority, the Board may
discharge dues from the Wakf Fund and may recover
the amount so paid from the wakf property and may
also recover damages not exceeding twelve and a half
per cent of the amount so paid.
(2) Any sum of money due under sub-section (1) may,
on a certificate issued by the Board after giving
the mutawalli concerned an opportunity of being
heard, be recovered in the same manner as an arrear
of lane revenue.
59. Creation of reserve fund.- For the
purpose of making provisions for the payments of
rent and of revenue, cess, rates and taxes due to
the Government or any local authority, for the
discharge of the expenses of the repair of the wakf
property and for the preservation of the wakf
property, the Board may direct the creation and
maintenance in such manner as it may think fit of a
reserve fund from the income of a wakf.
60.Extension of time- The Board may, if it is
satisfied that it is necessary so to do, extend the
time within which any act is required to be done by
the mutawalli under this Act.
61.Penalties
(1) If a mutawalli fails to-
(a) apply for the registration of a wakfs;
(b) furnish statements of particulars or accounts or
returns as required under this Act;
(c) supply information or particulars as required by
the Board;
(d) allow inspection of wakf properties, accounts,
records or deeds and documents relating thereto;
(e) deliver possession of any wakf property, if
ordered by the Board or Tribunal;
(f) carry out the directions of the Board;
(g) discharge any public dues; or
(h) do any other act which he is lawfully required
to do by or under this Act, he shall, unless he
satisfied the court or the Tribunal that there was
reasonable cause for his failure, be punishable with
fine which may extend to eight thousand rupees.
(2) Notwithstanding anything contained in
sub-section (1), if-
(a) a mutawalli omits or fails, with a view to
concealing the existence of a wakf, to apply for its
registration under this Act,-
(i) in the case of a wakf created before the
commencement of this Act, within the period
specified therefore in sub-section (8) of section
36;
(ii) in the case of a wakf created after such
commencement, within three months from the date of
the creation of the wakf ; or
(b) a mutawalli furnishes any statement, return or
information to the Board, which he knows or has
reason to believe to be false, misleading, unture or
incorrect in any material particular, he shall be
punishable with imprisonment for a term which may
extend to six months and also with fine which may
extend to fifteen thousand rupees.
(3) No court shall cognizance of an offence
punishable under this Act save upon compliant made
by the Board or an officer duly authorized by the
Board in this behalf.
(4) No court inferior to that Metropolitan
Magistrate or a Judicial Magistrate of the first
class shall try any offence punishable under this
Act.
(5) Notwithstanding anything contained in the Code
of Criminal Procedure, 1973(2 of 1974), the fine
imposed under sub-section (1), when realized, shall
credited to the Wakf Fund.
(6) In every case where offender is convicted after
the commencement of this Act, of an offence
punishable under sub-section (1) and sentenced to a
fine, the court shall also impose such term of
imprisonment in default of payment of fine as is
authorized by law for such default.
62. Mutawalli not to spend any money belonging to
wakf for self- defence.-
No mutawalli shall spend any money out of the funds
of the wakf, of which he is the mutawalli, for
meeting any costs, charges, or expenses which are or
may be, incurred by him, in relation to any suit,
appeal or any other proceeding for, incidental to,
his removal from office or for taking any
disciplinary action against himself.
63. Power to appoint mutawallis in certain cases
.-
When there is a vacancy in the office of the
mutawalli of a wakf and there is no one to be
appointed under the terms of the deed of the wakf,
or where the right of any person to act as mutawalli
is disputed, the Board may appoint any person to act
as mutawalli for such period and on such conditions
as it may think fit.
64. Removal of Mutawalli
(1) Notwithstanding anything contained in any other
law or the deed of wakf, the Board may remove a
mutawalli from his office if such mutawalli-
(a) has been convicted more than once of an offence
punishable under section 61;or
(b) has been convicted of any offence of criminal
breach of the trust or any other offence involving
moral turpitude, and such conviction has not been
reversed and he has not been granted full pardon
with respect to such offence; or
(c) is of unsound mind or is suffering from other
mental or physical defect or infirmity which would
render him unfit to perform the functions and
discharge the duties of a mutawalli; or
(d) is an undischarged insolvent; or
(e) is provide to be addicted to drinking liquor or
other spirituous preparations, or is addicted to the
taking any narcotic drugs; or
(f) is employed as a paid legal practitioner on
behalf of or against, the wakf, or
(g) has failed, without reasonable excuse, to
maintain regular accounts for two consecutive years
or has failed to submit, into consecutive years, the
yearly statements of accounts, as required by
sub-section (2) of Section 46; or
(h) is interested, directly or indirectly in a
subsisting lease in respect of any wakf property, or
I any contract made with, or any work being done
for, the wakf or is in arrears in respect of any sum
due by him to such wakf; or
(i) continuously neglect his duties or commits any
misfeasance, malfeasance, misapplication of funds or
beach of trust In relation to the wakf or in respect
of any money or other wakf property; or
(j) wilfully and persistently disobeys the lawful
orders made by the Central Government, State
Government, Board under any provision of this Act or
rule or order made thereunder;
(k) misappropriates or fraudulently deals with the
property of the wakf.
(2) The removal of a person from the office of the
mutawalli shall not affect his personal rights, if
any, respect of the wakf property either as the
beneficiary or in any other capacity or his right,
if any, as a sajjadanashin.
(3) No action shall be taken by the Board under
sub-section (1), unless it has held an inquiry into
the matter in a prescribed manner and the decision
has been taken by a majority of not less than
two-thirds of the members of the Board.
(4) A mutawalli who is aggrieved by an order passed
under any of the clauses © to (1) of sub-section
(1), may, within one month from the date of the
receipt by him of the order, appeal against the
order to the Tribunal on such appeal shall be final.
(5) Where any inquiry under sub-section (3) is
proposed, or commenced, against any mutawalli, the
Board may, if it is of opinion that it is necessary
so to do in the interest of the wakf, by an order
suspend such mutawalli until the conclusion of the
inquiry:
Provided that no suspension for a period exceeding
ten days shall be made expcept after giving the
mutawalli a reasonable opportunity of being heard
against the proposed action.
(6) Where any appeal is filed by the mutawalli to
the Tribunal under sub-section (4), the Board may
make an application to the Tribunal for the
appointment of a receiver to manage the wakf pending
the decision of the appeal, and where such an
application is made, the Tribunal shall,
notwithstanding anything contained in the Code of
Civil Procedure, 1908 (5 of 1908), appoint a
suitable person as receiver to manage wakf and
direct the receiver so appointed to ensure that the
customary or religious rights of the mutawalli and
of the wakf are safeguarded.
(7) Where a mutawalli has been removed from his
office under sub-section(1), the Board may, by
order, direct the mutawalli to deliver possession of
the wakf property to the Board or any officer duly
authorized in this behalf or to any person or
committee appointed to act as the mutawalli of the
wakf property.
(8) A mutawalli of a wakf removed from his office
under this section shall not be eligible for
re-appointment as a mutawalli of that wakf for a
period of five years from the date of such removal.
65. Assumption of direct management of certain
wakfs by the Board.-
(1) Where no suitable person is available for
appointment as a mutawalli of a wakf, or where the
Board is satisfied, for reason to be recorded by it
in writing , that the filling up of the vacancy in
the office of a mutawalli is prejudicial to the
interests of the wakf, the Board may, by
notification in the Official Gazette, assume direct
management of the wakf for such period or periods,
not exceeding five years in the aggregate, as may be
specified in the notification.
(2) The State Government, may, on its own motion or
on the application of any person interested in the
wakf, call for the records of any case for the
purpose of satisfying itself as to the correctness,
legality or property of the notification issued by
the Board under sub-section (1) and pass such orders
as it may think fit and the orders so made by the
State Government shall be final and shall be
published the manner specified in sub-section (1).
(3) As soon as possible after the close of every
financial year, the Board shall send to the State
Government a detailed report in regard to every wakf
under its direct management, giving therein-
(a) the details of the income of the wakf for the
year immediately preceding the year under report;
(b) the steps taken to improve the management and
income of the wakf;
(c) the period during which the wakf has been under
the direct management of the Board and explaining
the reasons as to why it has not been possible to
entrust the management of the wakf to the mutawalli
or any committee of management during the year; and
(d) such other matters as may be prescribed.
(4) The State Government shall examine the report
submitted to it under sub-section (3), and after
such examination issue such directions or
instructions to the Board as it may think fit and
Board shall comply with such directions or
instructions on receipt thereof.
66. Powers of appointment and removal of
mutawalli when to be exercised by the State
Government.-Whenever a deed of wakf or any
decree or order of a court of any scheme of
management of any wakf provides that a court or any
authority other than a Board may appoint or remove a
mutawalli or settle or modify such scheme of
management or otherwise exercise superintendence
over the wakf, then notwithstanding anything
contained in such deed of wakf, decree, order or
scheme, such powers aforesaid shall be exercisable
by the State Government:
Provided that where a Board has been established,
the State Government shall consult the Board before
exercising such powers.
67. Supervision and supersession of committee of
management.-
(1) Whenever the supervision or management of any
wakf is vested in any committee appointed by the
wakf, then, notwithstanding anything contained in
this Act, such committee shall continue to function
until it is superseded by the Board or until the
expiry of its term as may be specified by the wakf,
whichever is earlier:
Provided that such committee shall function under
the direction, control and supervision of the Board
and abide by such directions as the Board may issue
from time to time:
Provided further that if the Board is satisfied that
any scheme for the management of a wakf by a
committee is inconsistent with any provision of this
Act, or of any rule made thereunder or with the
directions of the wakf, it may, at any time, modify
the scheme in such manner as may be necessary to
bring it in conformity with the directions of the
wakf or of the provisions of this Act and the rules
made thereunder.
(2) Notwithstanding anything contained in this Act
and in the deed of the wakf, the Board may, if it is
satisfied, for reasons to be recorded in writing,
that a committee, referred to in sub-section (1) is
not functioning properly and satisfactorily, or that
the wakf is being mismanaged and that in the
interest of its proper management, it is necessary
so to do, by an order, supersede such committee,
and, on such supersession, any direction of the wakf,
in so far as it relates to the constitution of the
committee, shall cease to have any force:
Provided that the Board shall, before making any
order superseding any committee, issue a notice
setting forth therein the reasons for the proposed
action and calling upon the committee to show cause
within such time, not being less than one month, as
may be specified in the notice, as to why such
action shall not be taken.
(3) Every order made by the Board under sub-section
(2) shall be published in the prescribed manner and
on such publication shall be binding on the
mutawalli and all persons having any interest in the
wakf.
(4) Any order made by the board under sub-section
(2) shall be final:
Provided that any person aggrieved by the order made
under sub-section (2) may, within sixty days from
the date of the order,appeal to the Tribunal:
Provided further that the tribunal shall have no
power to suspend the operation of the order made by
the Board pending such appeal.
(5) The Board shall, whenever it supersedes any
committee under sub-section (2), constitute a new
committee of management simultaneously with the
order made by it under sub-section (2).
(6) Notwithstanding anything contained in the
foregoing sub-sections, the Board may, instead of
superseding any committee under sub-section (2),
remove any member thereof if it is satisfied that
such member has abused his position as such member
or had knowingly acted in a manner prejudicial to
the interests of the wakf, and every such order for
the removal of any member shall be served upon him
by registered post:
Provided that no order for the removal of the member
shall be made unless he has been given a reasonable
opportunity of showing cause against the proposed
action:
Provided further that any member aggrieved by any
order for his removal from the membership of the
committee may, within a period of thirty days from
the date of service of the order on him, prefer an
appeal against such order to the Tribunal and the
Tribunal may, after giving a reasonable opportunity
to the appellant and the Board of being heard,
confirm, modify or reverse the order made by the
Board and the order made by the Tribunal in such
appeal shall be final.
68. Duty of mutawalli or committee to deliver
possession of records, etc.-
(1) Where any mutawalli or committee of management
has been removed by the Board in accordance with the
provisions of this Act, or of any scheme made by the
Board, the mutawalli or the committee so removed
from the office (herein after in this section
referred to as the removed mutawalli or committee)
shall hand over charge and deliver possession of the
records, accounts and all properties of the wakf
(including cash) to the successor mutawalli or the
successor committee, within one month from the date
specified in the order.
(2) Where any removed mutawalli or committee fails
to deliver charge or deliver possession of the
records, accounts and properties (including cash) to
the successor mutawalli or committee within the time
specified in sub-section(1), or prevents or
obstructs such mutawalli or committee, from
obtaining possession thereof after the expiry of the
period aforesaid, the successor mutawalli or any
member of the successor committee may make an
application, accompanied by a certified copy of the
order appointing such successor mutawalli or
committee, to any Magistrate of the first class
within the local limits of whose jurisdiction any
part of the wakf property is situated and,
thereupon, such Magistrate may, after giving notice
to the removed mutawalli or members of the removed
committee, make an order directing the delivery of
charge and possession of such records, accounts and
properties (including cash) of the wakf to the
successor mutawalli or the committee, as the case
may be, within such time as may be specified in the
order.
(3) Where the removed mutawalli or any member of the
removed committee, omits or fails to deliver charge
and possession of the records, account and
properties (including cash) within the time
specified by the Magistrate under sub-section(2),
the removed mutawalli or every member of the removed
committee, as the case may be, shall be punishable
with imprisonment for a term which may extend to six
months or with fine which may extend to eight
thousand rupees, or with both.
(4) Whenever any removed mutawalli or any member of
removed committee omits or fails to comply with the
orders made by the Magistrate under sub-section(2),
the Magistrate may authorize the successor mutawalli
or committee to take charge and possession of such
records, accounts, properties (including cash) and
may authorize such person to take such police
assistance as may be necessary for the purpose.
(5) No order of appointment of the successor
mutawalli or committee, shall be called in question
in the proceeding before the Magistrate under this
section.
(6) Nothing contained In this section shall bar the
institution of any suit in a competent civil court
by any person aggrieved by any order made under this
section, to establish that he has right, title and
interest in the properties specified in the order
made by the Magistrate under sub-section (2).
69.Power of Board to frame scheme for
administration of wakf.-
(1) Whenever the Board is satisfied, whether on its
own motion or on the application of not less than
five person interested in any wakf, that is
necessary or desirable to frame a scheme for the
proper administration of the wakf, it may be an
order frame such scheme for the administration of
the wakf, after consultation with the mutawalli or
the applicant in the prescribed manner.
(2) A scheme framed under sub-section (1) may
provide for the removal of the mutawali of the wakf
holding office as such immediately before the date
on which the scheme comes into force:
Provided that where any such scheme provides for the
removal of any hereditary mutawalli, the scheme
shall also provide for the appointment of the person
next in hereditary succession to the mutawalli so
removed, as one of the members of the committee
appointed for the proper administration of the wakf.
(3) Every order made under sub-section (2) shall be
published in the prescribed manner, and, on such
publication shall be final and binding on the
mutawalli and all persons interested in the wakf:
Provided that any person aggrieved by an order made
under this section may, within sixty days from the
date of the order, prefer an appeal to the Tribunal
and after hearing such appeal, the Tribunal may
confirm, reverse or modify the order:
Provided further that the Tribunal shall have no
power to stay the operation of the order made under
this section.
(4) The Board may, at any time by an order, whether
made before or after the scheme has come into force,
cancel or modify the scheme.
(5) Pending the framing of the scheme for the proper
administration of the wakf, the Board may appoint a
suitable person to perform all or any of the
functions of the mutawalli thereof and to exercise
the powers, and perform the duties, of such
mutawalli.
70.Inquiry relating to administration of wakf.-
Any person interested in a wakf may make an
application to the Board supported by an affidavit
to institute an inquiry relating to the
administration of the wakf and if the Board is
satisfied that there are reasonable grounds for
believing that the affairs of the wakf are being
mismanaged, it shall take such action thereon as
thinks fit.
71. Manner of holding inquiry.-
(1) The Board may, either on an application received
under Section 73 or on its own motion,-
(a) hold an inquiry in such manner as may be
prescribed: or
(b) authorized any person in this behalf to hold an
inquiry into any matter relating to a wakf and take
such action as it thinks fit.
(2) For the purposes of an inquiry under this
section, the Board or any person authorized by it in
this behalf, shall have the same powers as are
vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908) for enforcing the
attendance of witnesses and production of documents
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