Section 64:
Removal of mutawalli.
(1) Notwithstanding anything contained in any other law or the deed of
1
[waqf], 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 a mutawalli; or
(d) is an undischarged insolvent; or
(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to
the taking of any narcotic drugs; or
(f) is employed as paid legal practitioner on behalf of, or against, the 1
[waqf]; or
(g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years
or has failed to submit, in two consecutive years, the yearly statement 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 1
[waqf] property, or
in any contract made with, or any work being done for, the 1
[waqf] or is in arrears in respect of any
sum due by him to such 1
waqf; or
(i) continuously neglects his duties or commits any misfeasance , malfeasance, misapplication of
funds or breach of trust in relation to the 1
[waqf] or in respect of any money or other 1
[waqf] 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 1
[waqf].
(2) The removal of a person from the office of the mutawalli shall not affect his personal rights, if
any, in respect of the 1
[waqf] property either as a 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 (c) to (i) 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 and the decision of 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 1
waqf, 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 except 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 2
[waqf] 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 the 2
[waqf] and direct the receiver so appointed to ensure that the customary or
religious rights of the mutawalli and of the 2
[waqf] 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 2
[waqf] property to the Board or any officer duly
authorised in this behalf or to any person or committee appointed to act as the mutawalli of the 2
[waqf]
property.
(8) A mutawalli of a 2
[waqf] removed from his office under this section shall not be eligible for
re-appointment as a mutawalli of that 2
[waqf] for a period of five years from the date of such removal.
Notes:
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).