Section 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 provisions of
this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office
(hereinafter 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 1
[waqf] (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 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 1
[District Magistrate, Additional District Magistrate,
Sub-Divisional Magistrate or their equivalent] within the local limits of whose jurisdiction any part of the
2
[waqf] property is situated and, thereupon such 1
[District Magistrate, Additional District Magistrate,
Sub-Divisional Magistrate or their equivalent] 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 2
[waqf] 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, accounts and properties (including cash) within the time specified
by 3
[any 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 the removed committee omits or fails to
comply with the orders made by 3
[any Magistrate] under sub-section (2),3
[any 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 the appointment of the successor mutawalli or committee, shall be called in question
in the proceedings before 3
[any 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 3
[any Magistrate] under sub-section (2).
Notes:
1. Subs. by Act 27 of 2013, s. 38, for "Magistrate of the first class" and "Magistrate" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).
3. Subs. by s. 38, ibid., for "the Magistrate" (w.e.f. 1-11-2013).