Section 80 in The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987
80. Alienation of immovable property.
(1)(a)Any gift, sale, exchange or mortgage of any immovable property belonging to or given or endowed for the purpose of any charitable or religious institution or endowment shall be null and void unless any such transaction, not being a gift, is effected with prior sanction of the Commissioner.(b)The Commissioner, may after publishing in the Andhra Pradesh Gazette the particulars relating to the proposed transaction and inviting any objections and suggestions, with the respect thereto and considering all objections and suggestions if any received from the trustee or other person having interest, accord such sanction where he considers that the transaction is-(i)prudent and necessary or beneficial to the institution or endowment:(ii)in respect of immovable property which is uneconomical for the institution or endowment to own and maintain; and(iii)the consideration therefor is adequate and proper.(c)Every sale of any such immovable property sanctioned by the Commissioner under clause (b) shall be effected by tender-cum-publication in the prescribed manner subject to the confirmation by Commissioner within a period prescribed;Provided that the Government may, in the interest of the institution or endowment and for reasons to be recorded therefor in writing, permit the sale of such immovable property, otherwise than by public auction; Provided further that the Government may purchase the lands situated in Scheduled Areas belonging to institutions or endowments,wherever necessary, otherwise than by public auction and assign such lands to the members of the Scheduled Tribes.Explanation. - In this section, the expression "Scheduled Tribe" shall have the meaning assigned to it in clause(25) of Article 366 of the Constitution and the expression 'Scheduled Area' shall have the meaning assigned to it in sub-paragraph (1) of paragraph 6 of the Fifth Schedule to the Constitution of India.(2)(a)No lessee, mortgagee with possession or licensee,of any land or building belonging to the institution or endowment and which is appurtenant to or which adjoins the institution or endowment or any tank, well, spring or water course appurtenant to the institution or endowment, whether situated within or outside the prakarams, mandapams, court yards or corridors of the institution or endowment,shall make use of the land, building or space so as to mar the artistic appearance or view or the religious atmosphere of the institution or endowment. The Commissioner, shall, by order and for reasons to be recorded therein,terminate or cancel the lease, mortgage, or licence, as the case may be, of any person who contravenes the aforesaid provision, after giving the person an opportunity of making his representation against the proposed termination or cancellation and require such person to deliver possession of the land, building or space, as the case may be, to the trustee before the date specified in the order.(b)Where such person fails to deliver possession as aforesaid, before the date specified, the Commissioner may direct the Deputy Commissioner concerned to take action under the provisions of chapter-XI.(c)Nothing in this sub-section shall be construed as disentitling the person who is dispossessed of any property under this sub-section from recovering any amount which is lawfully due to him from the institution or endowment under the lease, licence or mortgage, as the case may be.(3)The utilisation or investment of the amount realised by any transaction under sub-section (1) and in the case of a mortgage, the discharge of the mortgage within a reasonable period,shall be made by the trustee, subject to the approval of the Commissioner.(4)A copy of the order made by the Commissioner under this section shall be communicated to Government and to the trustee and shall be published in such manner as may be prescribed.(5)The trustee may, within ninety days from the date of the communication of the order under sub-section (4), and any person having interest may, within ninety days from the date of publication of such order, prefer an appeal to the Government to modify the order or set it aside.(6)Notwithstanding anything contained in the first proviso to clause(c) of sub-section (1), the Government may call for and examine the record of the Commissioner in respect of the order passed by him under this section to satisfy themselves as to the legality or correctness of such order or regularity or propriety thereof and if, in any case it appears to the Government that such order should be modified, annulled, reversed or remitted for reconsideration, they may pass order accordingly;Provided that the Government shall not pass any order prejudicial to any party unless he had an opportunity of making his representation.(7)The Government may stay the execution of any such order pending the exercise of their powers under sub-section (6) in respect thereof.(8)Nothing in this section shall apply to the leasing or licensing of any land or building or space mentioned in sub- section (2) for the purpose of providing amenities to pilgrims or of vending flowers or other articles, used for worship or of holding for specified periods, fairs or exhibitions during festivals connected with the institution or endowment.
