Section 53 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
53. Restriction on purchase of property on behalf of 1[waqf].---Notwithstanding anything contained in a1[waqf] deed, no immovable property shall be purchased for or on behalf of any 1[waqf] from the funds of any 1[waqf] except with prior sanction of the Board, and the Board shall not accord such sanction unless it considers that the acquisition of such property is necessary or beneficial to the 1[waqf] and that the price proposed to be paid therefor is adequate and reasonable: Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the Official Gazette inviting objections and suggestions with respect thereto and, the Board shall, after considering the objections and suggestions that may be received by it from mutawallis or other persons interested in the 1[waqf], make such orders as it may think fit.
Summary
- A waqf cannot buy any land or buildings using its own money without getting Board permission first.
- The Board will only approve a purchase if it is necessary or beneficial for the waqf.
- The Board must check that the price being paid for the property is fair and reasonable.
- Before giving approval, the Board must publish the details of the deal in the Official Gazette.
- People like the mutawalli or other interested persons have the right to send in their objections or suggestions.
- The Board must read and consider all feedback before making its final decision.
Practical examples
FAQ
1. Does a waqf need permission to buy land under Section 53 of the Unified Waqf Act?
Yes, Section 53 of the Unified Waqf Act requires prior sanction from the Board before any immovable property is purchased using waqf funds.
2. Why is a notice published in the Gazette under Section 53 of the Unified Waqf Act?
Section 53 of the Unified Waqf Act requires a public notice to invite objections and suggestions from mutawallis or other interested people before the Board approves a purchase.
3. What factors does the Board consider under Section 53 of the Unified Waqf Act?
Under Section 53 of the Unified Waqf Act, the Board must ensure the purchase is necessary or beneficial and that the proposed price is adequate and reasonable.
4. Can a regular person object to a purchase under Section 53 of the Unified Waqf Act?
Yes, Section 53 of the Unified Waqf Act allows any person interested in the waqf to submit objections or suggestions after the details are published.
Test yourself
Q1.Under Section 53 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, where must the details of a proposed purchase be published?
Q2.What is a requirement for the Board to grant sanction under Section 53 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995?
Q3.According to Section 53 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, what must the Board think about the proposed price?
Q4.Under Section 53 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, who can send suggestions regarding a land purchase?