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MANAGING COMMITTEE ISSUES

IMPLEMENTATION OF E-OFFICE

1.   A Process for timely & efficient disposal of any issues from the waqf   department by high tech and organized Computerized method.

2.   A Common complain of public about waqf is Pendency and implementation of E- office will resolve this issue.

3.   This is Systematic method where exact location & Pendency of the file can be easily traced.

4.   Time bound method of Clearing tendency  

 

CHAPTER-V QUALIFICATION, APPOINTMENT, DUTIES & REMOVAL OF MUTHAWALLIES

53. Qualification of mutawalli.

 A Mutawalli or a Member of the Managing Committee of a Waqf institution shall possess the following qualifications; namely:- 

(1)             He shall be a person professing Islam acknowledging that there is but one God and Muhammed (PBUH) is his prophet; 

(2)             He shall be a major; 

Provided that, in the case of Waqf Alal Aulad, if the Mutawalli is a minor, the guardian shall manage the Waqf till the Mutawalli attains majority.

(3)             He shall be of sound mind and capable of performing the functions and discharge the duties of Mutawalli; 

(4)             He should not have 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; 

(5)             He shall have working knowledge of Urdu or Kannada or English and administrative knowledge of management of Auqaf; 

(6)             He shall not have any direct or indirect interest in any subsisting lease or in any contract made with, or any work being done for, or is in arrears of any due by him to the Waqf institution for which he is to be appointed as Mutawalli; and 

(7)             He shall not have violated or breached any provision of this Act, Rules and conditions of his earlier appointment:  

Provided that, the qualifications referred to in the third proviso of sub-clause (i) of section 3 the Act shall be as per the Deed of Waqf and provided that it is not repugnant to the tenets of of Islam:

          Provided further that, the aforesaid qualifications shall not be applicable with respect to an Administrator.  

54. Appointment of muthawallies or managing committees:

(1)     The Board shall appoint Mutawallies or constitute managing committees under clause (g) of sub-section (2) of section 32 on receipt of proposals forwarded in accordance with the respective Scheme of Management.

(2)      Such committees shall initiate process of constitution of succeeding committee as per the approved Scheme of Management three months prior to the expiry of the term of the committee and shall complete the entire process of constitution of succeeding committee within two months prior to expiry of the term of the committee.

(3)      The District Waqf Officer of the respective district shall supervise the process of appointment/constitution of succeeding committee. 

(4)             If in the event of the existing committee fails to initiate and complete the process for 

constitution of succeeding committee within the time prescribed under sub-rule (2) of rule 52 the  District Waqf Officer shall initiate such process within two months prior to the expiry of the term of  the existing committee and complete the process prior to the expiry of the term of the existing committee.

(5)             If for any reasons succeeding committee is not constituted or appointed, the management and supervision of such Waqf institution shall automatically vest with the concerned District Waqf Officer and the District Waqf Officer or any other Officer authorized by the Board shall carry out duties and functions as delegated by the Karnataka State Board of Auqaf. He shall take action to get the succeeding committee constituted within a period of three months. 

(6)         Such committees shall cease to have any power or authority for management of such Waqf institution including operation of bank accounts after expiry of the term.

55. Appointment of mutawalli.-

(1)       While appointing the Mutawalli the Board shall have due regard to the contents of Deeds of Waqf (waqifnama), providing for appointment of Mutawalli custom, usage pertaining to appointment of Hereditary Mutawallies. 

(2)             While appointing the Mutawalli the Board shall have due regard to the contents of Deeds of Waqf (waqifnama), providing for appointment of Mutawalli, custom, usage pertaining to appointment of Hereditary Mutawallies. 

(3)              If any person appointed as Mutawalli dies, or refuses to act in terms of the Waqfnama or is removed under this Act, or if the office of Mutawalli otherwise becomes vacant and there is no provision in the deed of Waqf regarding succession to the office, the Mutawalli may be appointed as per rule 53. 

(4)              While appointing the Hereditary Mutawalli, the Board shall have regard to the following; namely:-

(a)  The Board shall not disregard the directions of the waqif;

(b)  The Board should not appoint a stranger so long as there is any member of the waqif's family in existence qualified to hold the office; and

(c)   Where there is a contest between lineal descendants of the waqif and one who is not a lineal descendant the Board is not bound to appoint the lineal descendant if he is otherwise not qualified to be appointed as Mutawalli and in such cases the Board may in exercise of its discretion, appoint other claimant to the Mutawalli.

56. Appointment of mutawalli under section 63.-

Notice regarding filling up of vacancy of Mutawalli.-

(1) Whenever there is a vacancy in the office of the Mutawalli of a Waqf and there is no one to be appointed under the terms of the Deed of Waqf, the Chief Executive Officer or an Authorized Officer on his behalf shall issue a Public Notice in Form 47 in respect of appointment of Mutawalli.

(2) Whenever there is a vacancy in the office of the Mutawalli of Waqf and the right of any person to act as Mutawalli is disputed, such Notice shall be in Form 48.