Power of mutawalli to apply for directions
40. (1) Any mutawalli may apply to the Administrator for the opinion, advice or direction of the Administrator on any question affecting the management or administration of the waqf property or on any point in a deed of waqf requiring clarification and the Administrator shall give his opinion, advice or direction, as the case may be, thereon:
Provided that, if the Administrator cannot suitably dispose of the question, he may refer the mutawalli to the Court of the District Judge having local jurisdiction over the place where the waqf property or any part thereof is situated; and if the mutawalli thereafter applies by petition to such Court, the Court shall give its opinion, advice and direction in the manner provided in sub sections (2) and (3).
(2) The Administrator on receiving a petition under sub section (1) may either give his opinion, advice or direction thereon forthwith, or fix a date for the hearing of the petition, and may direct a copy thereof, together with notice of the date so fixed to be served on such of the persons interested in the waqf, or to be published for information, in such manner as he thinks fit.
(3) On any date fixed under sub section (2) or on any subsequent date to which the hearing may be adjourned, the Administrator, before giving any opinion, advice or direction, shall offer a reasonable opportunity of being heard to all persons appearing in connection with the petition.
(4) Every mutawalli acting upon or in accordance with the opinion, advice or direction given by the Administrator or the Court, as the case may be, shall be deemed, so far as his own responsibility is concerned, to have discharged his duties as a mutawalli in the matter in respect of which the petition was made:
Provided that nothing herein contained shall indemnify any mutawalli for any act done in accordance with such opinion, advice or direction if such mutawalli has been guilty of any fraud or wilful concealment or misrepresentation in obtaining such opinion, advice or direction.