Section 33:
Powers of inspection by Chief Executive Officer or persons authorised by him.
(1) With a
view to examining whether, by reason of any failure or negligence on the part of a mutawalli in the
performance of his executive or administrative duties, any loss or damage has been caused to any 1[waqf]
or 1[waqf] property, the Chief Executive Officer 2[or any other person authorised by him in writing] with
the prior approval of the Board, 3***, may inspect all movable and immovable properties, which are 4[waqf] properties, and all records, correspondences, plans, accounts and other documents relating
thereto.
(2) Whenever any such inspection as referred to in sub-section (1) is made, the concerned mutawalli
and all officers and other employees working under him and every person connected with the
administration of the 4[waqf], shall extend to the person making such inspection, all such assistance and
facilities as may be necessary and reasonably required by him to carry out such inspection, and shall also
produce for inspection any movable property or documents relating to the 4[waqf] as may be called for by
the person making the inspection and furnish to him such information relating to the 4[waqf] as may be
required by him.
(3) Where, after any such inspection, it appears that the concerned mutawalli or any officer or other
employee who is or was working under him had mis-appropriated, misapplied or fraudulently retained,
any money or other4[waqf] property, or had incurred irregular, unauthorised or improper expenditure
from the funds of the 4[waqf], the Chief Executive Officer may, after giving the mutawalli or the person
concerned a reasonable opportunity of showing cause why an order for the recovery of the amount or
property, should not be passed against him and after considering such explanation, if any, as such person
may furnish, determine the amount or the property which has been mis-appropriated, misapplied or
fraudulently retained, or the amount of the irregular, unauthorised or improper expenditure incurred by
such person, and make an order directing such person to make payment of the amount so determined and
to restore the said property to the 4[waqf], within such time as may be specified in the order.
(4) A mutawalli or other person aggrieved by such order may, within thirty days of the receipt by him
of the order, appeal to the Tribunal:
Provided that no such appeal shall be entertained by the Tribunal unless the appellant first deposits
with the Chief Executive Officer the amount which has been determined under sub-section (3) as being
payable by the appellant and the Tribunal shall have no power to make any order staying pending the
disposal of the appeal, the operation of the order made by the Chief Executive Officer under
sub-section (3).
(5) The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the
order made by the Chief Executive Officer under sub-section (3) or may remit, either in whole or in part,
the amount specified in such order and may make such orders as to costs as it may think appropriate in the
circumstances of the case.
(6) The order made by the Tribunal under sub-section (5) shall be final.
Notes:
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Ins. by s. 23, ibid. (w.e.f. 1-11-2013).
3. The words "either himself or any other person authorised by him in writing in this behalf" omitted by s. 23, ibid.
(w.e.f. 1-11-2013).
4. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).