section 11
Alienation of Devaswom properties.
The Koodalmanickam Devaswom Act 2005Civil200540 sections5 chapters
Chapter II COMMITTEE
Statutory text
- (1) No movable property of nonperishable nature which is in the possession of the Committee and the value of which is more than five thousand rupees and no jewellery shall be sold, pledged or otherwise alienated unless it is sanctioned by the Commissioner as being necessary or beneficial to the Devaswom.
- (2) Any exchange, sale, mortgage or lease of any immovable property belonging to, given or endowed for the purposes of, the Devaswom shall be null and void unless it is sanctioned by the Commissioner as being necessary or beneficial to the Devaswom.
- (3) Before according sanction under sub-section (1) or sub-section (2), the commissioner shall publish the particulars relating to the proposed transaction in such manner as may be prescribed inviting objections and suggestions with respect thereto and shall duly consider all objections and suggestions received from the Committee or other persons having interest in the Temple.
- (4) The Commissioner, on according sanction under sub-section (1) or sub- section (2), may impose such conditions and give such directions as he may deem necessary regarding the utilization of the amount raised by the transaction, the investment thereof, and, in the case of a mortgage, regarding the discharge of the same within a reasonable period.
- (5) A copy of the order made by the Commissioner under this section shall be communicated to the Government and to the Committee and shall be published in such manner as may be prescribed.
- (6) The Committee may, within three months from the date of receipt of the copy of order, and any person having interest in the temple, may, within three months from the date of publication of the order, institute a suit in the Court to modify the order or to set aside it.
- (7) Notwithstanding anything contained in sub-section (1), no antiquity belonging to the Devaswom shall be sold, pledged or otherwise alienated. Explanation.—For the purpose of this sub-section "antiquity" shall have the same meaning as in the Antiquities and Art Treasures Act, 1972 (Central Act 52 of 1972).
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