Section 68 in The Wakf Act, 1995
68. Duty of mutawalli or committee to deliver possession of records, etc.—
(1) Where any mutawalli or committee ... this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office (hereinafter in this section referred
already pointed out, the
conjoint reading of Section 68 and Section 61 of the Wakf Act, 1995 would
indicate that the Executive Magistrate ... conspicuous and the
difference found incorporated in Section 61(4) and Section 68(2) of the Wakf
Act, 1995 will not be there
Section 61(4)
and Section 68(2) of the Act. If the legislature has intended to entrust the
function contemplated under Section 68 ... already pointed out
the conjoint reading of Section 68 and Section 61 of the Wakf Act, 1995 would
indicate that the Executive Magistrate
have a quick look into Section 68(2) & 68(4) of the Wakf Act as it originally stood prior to the amendment Act ... Wakf Act so as to remove the ambiguity, if any.
17.Now, as per the Wakf Amendment Act, 2013, dated 20.09.2013, Section 68 has been
proceedings of the
Wakf Act, 1995 . The Wakf Act provides procedures under Chapter 8 under
Section 83 of the Wakf Act, 1995, wherein which ... Section 38 's amendment of Section 68 – “38.In Section 68
of the principal Act ,-
(i) In sub-Section (2) for the words “Magistrate
having dealt with Section 3 of the Code of Criminal Procedure, vis a vis, Section 68(4) of the Wakf Act, the Madurai Bench ... Wakf Act so as to remove the ambiguity, if any.
16.Now, as per the Wakf Act, 2013 , dated 20.09.2013, Section 68 has been amended
Act, 2013, the
following amendments have been incorporated in Section 68 of the Act:
“In Section 68 of the principal Act,-
(i) in sub-section ... exercise the powers under Section 68 of the Act and
pass appropriate orders under Section 68(2) of the Act and accordingly, when
Wakf Act, for a prosecution under Section 68(3) of
the Act. Section 68(1) of the Wakf Act provides that when a
Muthawalli ... Wakf Board. The Wakf Board
will not get the powers of the Executive Magistrate, under
Section 68(2) of the Wakf Act. All procedural aspects
Section 68(2) of the Act of 1995 in the
court of learned Additional Chief Judicial Magistrate, Contai.
Section 68(2) , 68(3) and Section ... Section 61
(4) and Section 68(2) of the Act. If the legislature has
intended to entrust the function contemplated under Section
68
that the penal provision under Sub- section 3 of Section 68 of the Wakf Act comes into picture only after an order is passed ... under Sub-section (2).
4. Having regard to the provisions of Sub-sections (1) to (3) of Section 68 of the wakf Act it will
