Section 34: Removal or resignation of mutawalli
consolidated text (as at 1992). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
34. Removal or resignation of mutawalli
(1) (a) Where the Board considers that a person performing the functions
of mutawalli is unfit to perform such functions, the Board may remove such
person from the office of mutawalli and appoint another person in his place.
(b) A person removed from the office of mutawalli under paragraph (a) may, within 21 days of the notification to him of the decision of
the Board, appeal from the decision to the District Court of Port Louis in the
exercise of its civil jurisdiction.
(c) An appeal by a person under paragraph (b) or by the Board, as
the case may be, shall lie to the Supreme Court from the decision of the District Court within 21 days of the decision.
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Revised Laws of Mauritius
(2) A mutawalli once appointed cannot be removed by the waqif, unless in
the waqfnama he consequently has expressly reserved that power to himself.
(3) A mutawalli cannot discharge himself from his office without the
permission of the waqif, the Board or the Court.
(4) Where a mutawalli has been removed from his office by the waqif in
accordance with a provision in the waqfnama to that effect, or has resigned
his functions with the permission of the Board, the Board may appoint a person to fill the office of mutawalli until the vacancy is filled by a substantive
appointment.
[S. 34 amended by Act 29 of 1992.]
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