Repealed or not in force · As amended up to 2026-08
48. After section 47 of the principal Act, the following section shall be inserted, namely:—
"47A. (1) Notwithstanding anything contained in a deed of wakf, no mutawalli, Executive Officer or other person in charge of the administration of a wakf shall lend any money belonging to the wakf or any wakf property or borrow any money for the purposes of the wakf except with the previous sanction of the Wakf Commissioner.
(2) The Wakf Commissioner may, while according sanction, specify any terms and conditions subject to which the person referred to in sub-section (1) is authorised by him to lend or borrow any money or lend any other wakf property.
(3) Where any money is lent or borrowed, or other wakf property is lent in contravention of the provisions of this section, it shall be lawful for the Wakf Commissioner—
(a) to recover an amount equal to the amount which has been so lent, or borrowed, together with interest due thereon, from the personal funds of the person by whom such amount was lent or borrowed;
(b) to recover the possession of the wakf property lent in contravention of the provisions of this Act, from the person to whom it was lent, or from persons who claim title to such property through the person to whom such property was lent."
OF 1984] Waki (Amendment) 697
Source: India Code