43. Prohibition regarding the permanent alienation of Wakaf property.
(1)Notwithstanding anything contained in any law for the time being in force or in any wakaf deed transfer of any immovable property by way of sale, gift, exchange or mortgage other than simple mortgage without possession of the leasehold rights in favour of any Bank or Financial Institution or any alienation of Wakaf property by act of parties, or a decree or order of a court or of a Revenue Officer shall be void ab initio :Provided that transfer by way of lease or simple mortgage or leasehold rights may be effected with the prior sanction of the Council :Provided further that the leases of Wakaf properties shall be effected by public auction and shall be subject to confirmation by the Council.Explanation. - A sub-lease or partnership by a lessee wherein lessee has less than 50% share in the profit and loss in the partnership business and/or parting with the physical possession of the lease property, shall be deemed to be the alienation within the meaning of the Act.(2)The utilization or the investment of the amount realized by such lease of any Wakaf property shall be made by the Chairman, Tehsil Committee either personally or through any other person appointed in this behalf by him subject to the approval of the Council and where any amount has been raised by mortgage of any such property, the chairman, Tehsil Committee or such other person who has been appointed by him in this behalf, shall make repayment of the mortgage debt and obtain a discharge of the mortgage debt from the mortgage within such reasonable time as the Council may specify.(3)Every approval given under sub-section (2) by the Council shall be communicated to the Government and shall also be published in the prescribed manner.
