38. Alienation of immovable property of public trust.
(1)Notwithstanding anything contained in the instrument of trust -(a)any sale, mortgage, exchange, or gift or alienation in any manner of immovable property; or(b)any lease of immovable property for a period exceeding three years;belonging to a public trust, shall be void unless the prior permission is obtained in this regard by making an application to the Charity Commissioner.(2)The Charity Commissioner may, after affording an opportunity of hearing to the interested parties and the concerned Government authorities if the immovable property sought to be alienated with the prior permission of the Charity Commissioner was acquired by the public trust subject to conditions imposed by such authorities and having regard to the interest, benefit or protection of the trust, grant the permission subject to such conditions as it may think fit to impose. The decision of the Charity Commissioner shall be communicated to the trustees and shall be published in such manner as may be prescribed.(3)Any person aggrieved by such decision may appeal to the tribunal within thirty days from the date of its publication.(4)Such decision shall, subject to the provisions of sub-section (3), be final.
