Section 53 of The Waqf 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
- Even if a waqf deed says the manager can buy land, they cannot buy any immovable property using waqf funds without the Board's permission first.
- The Board will only give permission if the purchase is necessary for the waqf or provides a clear benefit to it.
- The Board must also verify that the price being paid for the new property is fair and reasonable.
- Before approving a purchase, the Board must publish the details in the Official Gazette to let the public know.
- This publication allows other managers or interested people to submit their objections or suggestions for the Board to consider.
Practical examples
FAQ
1. Can a mutawalli buy land with waqf funds under Section 53 of The Waqf Act, 1995?
Only with prior sanction from the Board, according to Section 53 of The Waqf Act, 1995.
2. What criteria does the Board use for approving a purchase under Section 53 of The Waqf Act, 1995?
Under Section 53 of The Waqf Act, 1995, the Board must consider if the purchase is necessary or beneficial and if the price is adequate and reasonable.
3. Is a public notice required before buying property under Section 53 of The Waqf Act, 1995?
Yes, Section 53 of The Waqf Act, 1995, requires details to be published in the Official Gazette to invite objections and suggestions.
4. Whose opinions can the Board consider under Section 53 of The Waqf Act, 1995?
The Board considers suggestions or objections from mutawallis or other persons interested in the waqf under Section 53 of The Waqf Act, 1995.
Test yourself
Q1.Under Section 53 of The Waqf Act, 1995, what is required before waqf funds can be used to buy immovable property?
Q2.According to Section 53 of The Waqf Act, 1995, where must the Board publish the details of a proposed purchase?
Q3.Under Section 53 of The Waqf Act, 1995, the Board will NOT approve a purchase unless they find the price to be:
Q4.Under Section 53 of The Waqf Act, 1995, what must the Board do with objections received after publication?