Section 61 in The Waqf Act, 1995

Title: Penalties

Description: (1) If a mutawalli fails to— (a) apply for the registration of a 2[auqaf]; (b) furnish statements of particulars or accounts or returns as required under this Act; (c) supply information or particulars as required by the Board; (d) allow inspection of 1[waqf] properties, accounts, records or deeds and documents relating thereto; (e) deliver possession of any 1[waqf] property, if ordered by the Board or Tribunal; (f) carry out the directions of the Board; (g) discharge any public dues; or (h) do any other act which he is lawfully required to do by or under this Act; he shall, unless he satisfies the court or the Tribunal that there was reasonable cause for his failure, be punishable with fine which may extend to 3[ten thousand rupees for non-compliance of clauses (a) to (d) and in case of non-compliance of clauses (e) to (h), he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to ten thousand rupees.] (2) Notwithstanding anything contained in sub-section (1), if— (a) a mutawalli omits or fails, with a view to concealing the existing of a 1[waqf], to apply for its registration under this Act,-- (i) in the case of a 1[waqf] created before the commencement of this Act, within the period specified therefor in sub-section (8) of section 36; (ii) in the case of any 1[waqf] created after such commencement, within three months from the date of the creation of the 1[waqf]; or (b) a mutawalli furnishes any statement, return, or information to the Board, which he knows or has reason to believe to be false, misleading, untrue or incorrect in any material particular, he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifteen thousand rupees. (3) No court, shall take cognizance of an offence punishable under this Act save upon complaint made by the Board or an officer duly authorised by the board in this behalf. (4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the fine imposed under sub-section (1), when realised, shall be credited to the 1[Waqf] Fund. (6) In every case where offender is convicted after the commencement of this Act, of an offence punishable under sub-section (1) and sentenced to a fine, the court shall also impose such term of imprisonment in default of payment of fine as is authorised by law for such default. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013). 3. Subs. by s. 36, ibid., for "eight thousand rupees" (w.e.f. 1-11-2013).

Title: Mutawalli not to spend any money belonging to waqf for self defence

Description: 62. Mutawalli not to spend any money belonging to 1[waqf] for self defence.--No mutawalli shall spend any money out of the funds of the 1[waqf], of which he is the mutawalli, for meeting any costs, charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any other proceeding for, or incidental to, his removal from office or for taking any disciplinary action against himself. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

Title: Power to appoint mutawallis in certain cases

Description: When there is a vacancy in the office of the mutawalli of a 1[waqf] and there is no one to be appointed under the terms of the deed of the 1[waqf], or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013)..

Title: Removal of mutawalli

Description: (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 1waqf; 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 1waqf, 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. 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).

Title: Assumption of direct management of certain auqaf by the Board.

Description: 65. Assumption of direct management of certain 2[auqaf] by the Board.--(1) Where no suitable person is available for appointment as a mutawalli of a 1[waqf], or where the Board is satisfied, for reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is prejudicial to the interests of the 1[waqf], the Board may, by notification in the Official Gazette, assume direct management of the 1[waqf] for such period or periods, not exceeding five years in the aggregate, as may be specified in the notification. (2) The State Government may, on its own motion or on the application of any person interested in the 1[waqf], call for the records of any case for the purpose of satisfying itself as to the correctness, legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders as it may think fit and the orders so made by the State Government shall be final and shall be published in the manner specified in sub-section (1). (3) As soon as possible after the close of every financial year, the Board shall send to the State Government a detailed report in regard to every 1[waqf] under its direct management, giving therein— (a) the details of the income of the 1[waqf] for the year immediately preceding the year under report; (b) the steps taken to improve the management and income of the 1[waqf]; (c) the period during which the 1[waqf] has been under the direct management of the Board and explaining the reasons as to why it has not been possible to entrust the management of the 1[waqf] to the mutawalli or any committee of management during the year; and (d) such other matters as may be prescribed. (4) The State Government shall examine the report submitted to it under sub-section (3), and after such examination, issue such directions or instructions to the Board as it may think fit and the Board shall comply with such directions or instructions on receipt thereof. 3[(5) Notwithstanding anything contained in sub-section (1), the Board shall take over the administration of a waqf, if the waqf Board has evidence before it to prove that management of the waqf has contravened the provisions of this Act.] 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 2 Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013). 3 Ins. by s. 37, ibid. (w.e.f. 1-11-2013).

CHAPTER 6 MAINTENANCE OF ACCOUNTS OF AUQAF