Section 63 in Uttar Pradesh Muslim Waqfs Act, 1960
63. Committees of supervision and Board's Power to supersede them.
(1)Whenever the supervision or management of a waqf is vested in any committee appointed by the waqif or any competent court or authority, such committee shall, notwithstanding anything in the Act, continue to function until superseded by the Board under sub-section (2) :Provided that such committee shall be under the control of the Board and shall abide by such directions of the Board as are not inconsistent with any directions of the waqif or the court or authority appointing such committee.(2)Notwithstanding anything contained in the Act, the Board may supersede any Such committee as aforesaid if it does not, in its opinion to be recorded in writing, function properly and satisfactorily and on such suppression, any decree or order of a court or competent authority under which such committee has been constituted, shall cease to have any force in so far as it relates to the constitution of such committee.(3)An order passed by the Board under sub-section (2) shall be final and shall not be questioned in any court of law:Provided that any party aggrieved by an order under sub-section (2) may, within 90 days from the date of the order, refer the matter to a Tribunal for adjudication.(4)Where the Board supersedes a committee by an order under sub-section (2), it may either appoint a new committee of supervision or management, or may assume direct management of the waqf.(5)Where in a case in which the Board has assumed direct management of a waqf or appointed a mutawalli or a committee of management and the Board or the mutawalli or committee so appointed, is prevented from taking possession of the property of the waqf or of any title deeds or other deeds or other documents relating thereto, [the Board may by order direct the mutawalli to deliver possession of the waqf property and the title deed or the documents relating thereto to the Board or any officer thereof duly authorized in that behalf or to any person or committee appointed to act as the mutawalli of the waqf property, and the order of the Board shall be forwarded to the Court of Munsif, or where there in no Munsif, the Court of Civil Judge, within whose territorial jurisdiction the said property is situate or the said mutawalli, resides, and the court shall thereupon execute the order as if it were a decree made by itself in a suit.] [Substituted by section 16 of U. P. Act no. 28 of 1971.](6)The Board may instead of superseding any committee under sub-section (2) remove any member thereof if the Board is satisfied that the member has flagrantly abused his position as such or has knowingly acted in a manner prejudicial to the interest of the waqf. The order of removal shall be duly served on the member concerned:Provided that no order for removal of the member shall be made unless an opportunity has been afforded to him of being heard :Provided further that an appeal shall lie within 30 days from the date of service of the order of removal, to the State Government and the order of the State Government, on appeal, shall be final and be not questioned in any court of law.
