Section 43. Removal of mutawallis

(5) Where a mutawalli has been removed from his office under .sub-section (1) or sub-section (2), the Board may, by order, direct the mutawalli to deliver possession of the wakf property to the Board -or any officer thereof duly authorised in this behalf or to any person • or committee appointed to act as the mutawalli of the wakf property; and the order of the Board shall be deemed to be a decree of a civil court and s.hal] be executed by the civil court as if it had passed the -decree. (4) No action shall be taken by the Board under sub-section (1) or sub-section (2), unless it has held an inquiry into the matter in the prescribed manner and the decision has been taken by a majority • of not less than three-fourths of the members of the Board. 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.