From

The principal Secretary of Government,

To

The Inspector General of Registration,

Thiruvananthapuram,

Sir,

Sub:    Registration, of Wakf Property- Prior sanction of

Wakf Board is needed – direction –regarding-

Ref:- 1.Your Lr. No RR3/13516/ 99 dated 9 – 8 – 1999.

2. Government letter of even number dated 4 – 9 – 1999

I am to invite your attention to your letter cited and to inform you that Sub –section (1) of section 51 of the Wakf Act, 1995 (Central Act 43 of 1995) provided that anygift sale or exchange, mortgage of any immovable property which is Wakf property shall be void unless such gift,sale exchange or mortgage is affected with the prior sanction of the Board.   Besides,rule 93 of the Kerala Wakf Rules, 1996 provides that any transfer affected by a Muthavalli or any person of immovable property owned by a wakf without the previous permission of the Board shall be invalid.  Therefore, even without any amendment to the Registration Act and rules, the Registering are bound by the said provision in the Wakf Act and the Rules not to effect any transfer of any wakf property by way of sale or gift or mortgage without obtaining the previous sanction of the wak Board before the registration of any sale,mortgage or transfer of the wakf property.  You are also requested to furnish draft amendment asked as per the Government letter cited urgently.

Yours faithfully,

                                                               Sd/-

                                                               Rachel George,

                                                               Additional Secretary

S.R.O.No.47/82 – In exercise of the powers conferred by sub-section (1) of section 25 of the Kerala Buildings (lease ren Control) Act, 1965 (2 of 1965),the  Government  of Kerala hereby exempt in public interest the building owned by wakfs registered under the Wakf Act,1954 (Central Act 29 of 1954) with the Kerala Wakf Board from all the provisions of the said Act.

By order of the Governor,

J.S. JESUDHASAN

Special Secretary

(This does not from part of the notification,but is inded to indicate its general purport)

The Kerala Wakf Board stands notified as a public authority for the purpose of the Kerala  Buildings (Lease and Rent Control) Act, 1965 vide notifications No.54792/B2/65/PW dated 1-1-1966.  By virtue of this notification, the Wakf Board can evict its tenants from the building owned by it without applying the provisions of the Rent Control Act.  But this procedure applies only to the building of which the wakf Board is the landlord.  The building owned by the various Wakf  registered with the Wakf Board are not covered by the above notification.  The Secretary, Kerala Wakf Board has therefore requested to exempt all types of wakf properties from the application of the Rent Control Act “since wakf properties are for charitable purpose” . Government have accepted the request.  The notification is intended to achieve the above object.