Section 3. Definitions

(m) "wakf deed" means any deed or instrument by which a wakf has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied. (c) "Board" means a Board of Wakfs established under section 9; (b) "benefit" does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli; (i) a wakf by user; (it) mashrut-ul-khidmat; and (Hi) a wakf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable; and "wakif" means any person making such dedication; (f) "mutawalli" means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a competent authority to be the mutawalli of a wakf and includes any naib-mutawalli, khadim, mujawar, sajjadanishin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and, save as otherwise provided in this Act, any person or Committee for the time being managing or administering any wakf property as such; (g) "net income" means the total income less any revenue, cess, rates and taxes payable to the Government or any local authority; (h) "person interested in a wakf" means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes,— (a) "beneficiary" means a person or object for whose benefit a wakf is created and includes religious, pious and charitable objects and any other objects of public utility established for the benefit of the Muslim community; (d) "Commissioner" means a Commissioner of Wakfs appointed under section 4 and includes any additional or assistant commissioner of wakfs; (e) "member" means a member of the Board and includes the Chairman; 43. Removal of mutawallis.— (1) Notwithstanding anything contained in any other law or the deed of wakf, the Board may remove a •mutawalli from his office if such mutawalli— (a) has been convicted more than once of an offence punishable under section 41; or (b) has been convicted of an offence of criminal breach of trust or any other offence involving moral turpitude. (2) Where a committee is appointed by the Board to act as a .mutawalli for managing or administering any wakf property and the committee, in the opinion of the Board, is unable to perform, or has nersistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, the Board may supersede the committee and appoint any other person or comr-mittee to act as the mutawalli of the wakf property. (3) For the removal of doubts it is hereby declared that the removal of a person from the office of the mutawalli- shall not affect his per: onal rights, if any, in respect of the wakf property either us a beneficiary or in any other capacity or his rights, if any, as a sajjadanishin. (i) "prescribed" means prescribed by rules made by the State Government under this Act and includes the regulations made by the Board under this Act; (j) "Shia wakf" means a wakf governed by Shia law; (k) "Sunni wakf" means a wakf governed by Sunni law; (I) "wakf" means the permanent dedication by a person professing Islam of any movable or immovable property for any S K C . ^ THE GAZETTE OF INDIA EXTRAOEDINARY purpose recognised by the Muslim law as pious, religious or charitable and includes—