section 12
Alienation of immovable properties of Public Religious Institution and Charitable Endowments
The Himachal Pradesh Hindu Public Religious Institution and Charitable Endowments Act, 1984Civil198437 sections
Statutory text
- (1) Notwithstanding anything contained in any law for the time being in force, no transfer by exchange, sale, mortgage or in any other manner whatsoever, and no lease of any immovable property belonging to, or given or endowed for the purposes of any Hindu Public Religious Institution and Charitable Endowment shall be made unless it is sanctioned by the Commissioner as being necessary or beneficial to the institution and any transfer made in contravention of this sub-section shall be void and inoperative.
- (2) In according such sanction, the Commissioner may declare it to be subject to such conditions and directions as he may deem necessary regarding the utilisation of the amount raised by the transaction, the investment thereof and in the case of a mortgage, regarding discharge of the same within a reasonable period.
- (3) A copy of the order of the Commissioner under this section shall be communicated to the trustee and shall be published in such manner as may be prescribed.
- (4) The trustee may within three months from the date of receipt of a copy of the order and any person having interest may, within three months from the date of the publication of the order, prefer an appeal to the Financial Commissioner, who may modify the order or set it aside.
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