Section 41. In section 43 of the principal Act,

41. In section 43 of the principal Act,— (a) in sub-section (1),— (i) in clause (b), for the words "moral turpitude", the words "moral turpitude, and such conviction has not been reversed and he has not been granted full pardon with respect to such offence," shall be substituted; (ii) clause (c) shall be omitted; (iii) clause (e) shall be omitted; (iv) after clause (e), as so omitted, the following clauses shall be inserted, namely:— "(f) is an undischarged insolvent; or (g) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the taking of any narcotic drugs; or (h) is employed as a paid legal practitioner on behalf of, or against, the wakf; or (i) 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 32; or (j) is interested, directly or indirectly, in a subsisting lease in respect of any wakf property, or in any contract made with, or any work being done for, the wakf or is in arrears in respect of any sum due by him to such wakf; or (k) continuously neglects his duties or commits any misfeasance, malfeasance, misapplication of funds or breach of trust in relation to the wakf or in respect of any money or other wakf property; or (l) wilfully and persistently disobeys the lawful orders made by the Central Government, State Government, Board or Wakf Commissioner under any provision of this Act or rule or order made thereunder."; (b) sub-section (2) shall be omitted; (c) in sub-section (4),— or 1984] Wakf (Amendment) 687 (i) the words, brackets and figure "or sub-section (2)" shall be omitted; (ii) for the word "three-fourths", the word "two-thirds" shall be substituted; (d) for sub-section (4A), the following sub-section shall be substituted, namely:— "(4A) A mutawalli who is aggrieved by an order passed under any of the clauses (d) 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."; (e) after sub-section (4A), the following sub-sections shall be inserted, namely:— "(4B) Where any inquiry under sub-section (4) is proposed, or commenced, against any mutawalli, the Board may, if it is of opinion that it is necessary so to do in the interests of the wakf, 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. (4C) Where any appeal is filed by the mutawalli to the Tribunal under sub-section (4A), the Wakf Commissioner may make an application to the Tribunal for the appointment of a receiver to manage the wakf 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, appoint a suitable person as receiver to manage the wakf and direct the receiver so appointed to ensure that the customary or religious rights of the mutawalli and of the wakf are safeguarded."; (f) in sub-section (5), the words, brackets and figure "or sub-section (2)" shall be omitted.