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Section 4

Ins. by s. 33 , ibid . (w.e.f. 08-04-2025).

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4. Ins. by s. 33 , ibid . (w.e.f. 08-04-2025). (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 1*** . (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 2 [waqf], 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.