section 29
Powers to appoint Mutawallis
The Jammu and Kashmir Wakafs Act, 1978General197859 sections9 chapters
Chapter V Chapter V
Statutory text
Powers to appoint Mutawallis.--
- (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) 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) Where a Mutawalli has been removed from his office under sub-section
- (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.
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