CHAPTER X

Alienation of wakf property

 


93. Restriction on transfer- Any transfer effected by a mutawalli or any person of immovable property owned by a wakf without the previous permission of the Board shall be invalid

94. Application for permission-

(1) An application for permission to alienate any immovable property owned by a wakf shall be submitted by the mutawalli of the wakf to the Chief Executive Officer of the Board and such application shall contain the following particulars, namely:-

(a) nature of the proposed transaction.

(b) description of the property relating to the transaction with particulars regarding the survey number,extent, boundaries the village, taluk and district in which the said property is located, door number of any building.

(c) the details of revenue assessed on the properties relating the proposed transaction by way of land revenue, cess, property tax and the like,

(d) the details of encumbrances to which the properties relating to the proposed transaction are subject,

(e) if the proposal is for creating mortgage, the amount for which the properties are proposed to be mortgaged,

(f) if the proposal is for sale or lease, the expected price or the rental, as the case may be expended,

(g) if the proposal is for sale or mortgage, the purpose for which the property is sold or mortgaged

(h) the details of property proposed to be acquired with the sale proceeds,

(i) such other particulars as the Board consider necessary.

(2) Every appilication shall be submitted with an affidavit of the mutawalli or such other person empowered for alienation of the wakf property explaining how the proposed transaction is beneficial to the wakf and how the sale proceeds to be utilized.

(3) The Chief Executive Officer shall on receipt of an application from the mutawalli or on his own initiative in the case of properties of any wakf directly managed by the Board verify the details in the application and presented before the Board with his recommendation.

(4) The Board may publish in the Gazette and in two local newspapers the particulars relating to the proposed transaction together with a notice specifying the date on or after which the proposal will be further considered by the Board and inviting objections and suggestions with respect to the proposals before a date specified in the notice.

(5) A copy of the notice shall, affixed on the notice Board of the office of the Board and in some conspicuous place in which the property is situated.

(6) The Board shall consider all objections and suggestions which may have been received by it before the date specified in the notice and if the Board considers that,-

(a) the proposed transaction is not for acquiring another property or contravenes any of the provisions of the Act the wakf deed or is not intended for the improvement of the existing properties of the wakf, or is not in any way necessary or beneficial to the wakf the Board shall reject the application.

(b) further inquiry is necessary to decide whether the sanction applied for may be granted or not.

(c) the Board decides that the sanction is to be granted, it shall communicate its decision to the applicant and the interested parties.

(7) if the proposal is for the sale of the property, the sale shall be conducted by public auction by the chief Executive Officer in such manner and subject to such procedure as the Board may direct.

Provided that the Tribunal may, on the application of the mutawalli or other person, for reasons to be recorded by it in writing, permit such sale to be made otherwise than by public auction, if it is of opinion that it is necessary so to do in the interest of the wakf.

(8) All auction shall be subject to the confirmation of the Board within thirty days from the date of conclusion of the auction. The Board shall be competent to cancel any auction for reason to be recorded.

(9) In case of sale, the sale proceeds shall be paid to the wakf Board by the purchaser and the instrument of transfer shall be submitted to the Board for its approval. When the instrument of transfer is approved by the Board, the Board cause the sale proceeds to be deposited in a Scheduled Bank in the joint names of the chair person of the Wakf Board and the mutawalli or Executive Officer of the concerned wakf. The sale proceeds shall be utilized by the mutawalli with the approval of the Board within six months of the execution of the sale deed for the acquisition of other properties or for other purposes for which the property is sold.

(10) The utilization or investment of the amount realized by the sale or exchange mortgage of any property shall be made by the mutawalli subject to the approval of the Board. Every approval given by the Board shall be communicated to the muthawalli and shall also be published in the notice bard of the Board Office and in any conspicuous place in which the property is situated.

“94A. Procedure relating to proceeds of Land Acquisition.- (1) Where any Wakf land is acquired. The proceeds of land acquisition shall be paid to the Wakf Board by the land acquisition authority and the Board shall cause the same to be deposited in a Scheduled Bank in the joint names of the Chairperson of the Wakf Board and the Muthawalli or Executive Officer of the concerned Wakf.

(2) The amount so deposited shall be utilised by the Muthawalli or the Executive Officer, of the concerned Wakf, with the approval of the Board within six months of its receipt for the acquisition of other properties or for other purposes beneficial to the Wakf”.

95. Recovery of Wakf property transferred in violation of the provisions of the Act and the rules.-

(1) if the Board after making an inquiry through the Chief Executive Officer is satisfied that any immovable property of a wakf entered as such in the register of wakf maintained under section 36 has been transferred without the previous sanction of the Board and in contravention of the provisions in section 51, it may send a requisition in form III the collector within whose jurisdiction the property is situated to obtain and deliver possession of the property to it.

(2) Before sending a requisition under sub-rule (1) the Board shall publish its intention in two local news papers its intention to make a requisition. A copy of the notice shall be affixed in the notice Board of the office of the Board and in some conspicuous place in which the property is situated

(3) On receipt of a requisition, the Collector shall pass an order in accordance with the provision contained in section 52 of the Act and obtain possession of the property of which the order has been passed, and deliver it to the Board. In exercising the function under section 52 of the Act the Collector shall be guided by such rules as may be provided by regulations.

 
 
 
 

 

 

 

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