Chapter V Chapter V

Mutawallis

Mutawalli to carry out directions.--(1) The Mutawalli of every Wakaf shall comply with all directions of the Tehsil Committees or the Board in respect of the Wakaf of which he is the Mutawalli.

1. (2) The Mutawalli of every Wakaf shall on request, afford inspection of the documents and the property of Wakaf and render assistance in inquiries, when called upon to do so by the Tehsil Committee, the Chairman or the Secretary of the Committee or any officer appointed by the Board or the Tehsil Committee.

Disqualification for appointment.--Notwithstanding anything contained in any law, decree, order or instrument, a person shall not be qualified to be appointed or to continue as Mutawalli--

1. (i) if he is not a muslim ;
2. (ii) if he is under 21 years of age ;
3. (iii) if he is a person of unsound mind ;
4. (iv) if he has been convicted of an offence involving moral turpitude ;
5. (v) if he is addicted to liquor, charas, opium, chandu, bhang or any other intoxicant ;
6. (vi) if he carries on a trade which is prejudicial to or inconsistent with sunna or shariat ;
7. (vii) if he habitually indulges in activities which are anti-social ;
8. (viii) if he is otherwise ill-reputed or of a bad character ;
9. (ix) if he is unable to perform or his performance of any duty imposed is bad or has exceeded or abused his powers.

Powers to appoint Mutawallis.--

1. (1) When the vacancy of the Mutawalli of a Wakaf or where any Mutawalli suffers from any disqualification under section 28, or where the right to be a Mutawalli is disputed, the Tehsil Committee may after giving him an opportunity of being heard appoint any person to act as Mutawalli for such period and on such conditions as it may think fit; provided that every such appointment shall be notified in the prescribed manner.
2. (2) For removal of doubt it is hereby declared that the removal from the office of the Mutawalli shall not affect his personal rights, if any, in respect of the Wakaf property either as a Beneficiary or in any other capacity specifically provided in any document, deed or tamad creating the Wakaf.
3. (3) Where a Mutawalli has been removed from his office under sub-section
4. (1) or sub-section (2), the Tehsil Committee may, by order, direct the Mutawalli to deliver possession of the Wakaf property to the Committee or any officer thereof duly authoried in his behalf or to any person appointed as Mutawalli of the Wakaf property. The order of the Tehsil Committee shall be deemed to be a decree of a Civil Court of competent jurisdiction and shall be executed by the Civil Court as if it had passed the decree.