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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. |
