State Act

55

Section 55. Removal of Mutawallis

THE UTTAR PRADESH MUSLIM WAQFS ACT, 1960

Act no. 16 of 19601960Repealed 1 January 1996Uttarakhand (State Act)

This Act was repealed on 1 January 1996 by the Waqf Act, 1995 (Central Act 43 of 1995), s.112(3); it may still apply to matters that began before then.

55. (1) The Board may, after affording him an opportunity of being heard, remove a mutwalli other than a Managing Committee from his office the- (i) is fined on more than one occasion under section 54; or [ (i-a) has failed to pay, without reasonable excuse, for two consecutive years, the contribution payable by him under section 34 ; or]1 (ii) is convicted of an offence relating to the waqf property or money which, in the opinion of the Board, renders him unfit to continue as mutawalli; or (iii) is convicted of an offence involving moral turpitude or is required to furnish security under section 109 or section 110 of the Code of Criminal Procedure, 1898 ; or (iv) wrongly destroys or alienates any waqf property; or (v) is adjudged insolvent; or (vi) is, in the opinion of the Board,. unfit to discharge the duties of a mutawalli owing to any physical or mental disability, or moral delinquency ; or (vii) is guilty of misappropriation or gross mismanagement of waqf property, or has persistently neglected to comply with the directions given by the Board for the proper management of the waqf. (2) Any, Person aggrieved by an order of removal under sub-section (1) may, by an application, refer the matter to the Tribunal within 90 days of the date of communication of the order of removal.