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Start Free TrialWakf Act, 1995 Section 68
Title: Duty of Mutawalli or Committee to Deliver Possession of Records, Etc
State: Central
Year: 1995
.....by the Magistrate under sub-section (2), the Magistrate may authorise the successor mutawalli or committee to take charge and possession of such records, accounts, properties (including cash) and may authorise 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 proceedings 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).
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 94
Title: Power to Make Application to the Tribunal in Case of Failure of Mutawalli to Discharge His Duties
State: Central
Year: 1995
(1) Where a mutawalli is under an obligation to perform any act which is recognised by Muslim law as pious, religious or charitable and the mutawalli fails to perform such act, the Board may apply to the Tribunal for an order directing the mutawalli to pay to the Board or to any person authorised by the Board in this behalf, the amount necessary for the performance of such act. (2) Where a mutawalli is under an obligation to discharge any other duties imposed on him under the wakf and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the wakf may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinks fit.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 63
Title: Power to Appoint Mutawallis in Certain Cases
State: Central
Year: 1995
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.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 64
Title: Removal of Mutawalli
State: Central
Year: 1995
(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 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 mutawalli; or (d) is an undischarged insolvent; or (e) is prove
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 58
Title: Power of Board to Pay Dues in Case of Default by Mutawalli
State: Central
Year: 1995
(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 land revenue.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 62
Title: Mutawalli Not to Spend Any Money Belonging to Wakf for Self Defence
State: Central
Year: 1995
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, or incidental to, his removal from office or for taking any disciplinary action against himself.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 93
Title: Bar to Compromise of Suits by or Against Mutawallis
State: Central
Year: 1995
No suit or proceeding in any court by or against the mutawalli of a wakf relating to title to wakf property or the rights of the mutawalli shall be compromised without the sanction of the Board.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 50
Title: Duties of Mutawalli
State: Central
Year: 1995
It shall be the duty of every mutawalli (a) to carry out the directions of the Board in accordance with the provisions of this Act or of any rule or order made thereunder; (b) to furnish such returns and supply such information or particulars as may from time to 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 and 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.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 57
Title: Mutawalli Entitled to Pay Certain Costs from Income of Wakf Property
State: Central
Year: 1995
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.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 66
Title: Powers of Appointment and Removal of Mutawalli when to Be Exercised by the State Government
State: Central
Year: 1995
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 Stale Government shall consult the Board before exercising such powers.
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