Amendment status not verified — confirm the current text below against the official source.
Circumstances in which the sanction for alienation of property can be granted :– There are various factors which are to be taken into consideration before granting permission to alienate the properties of Hindu Religious Endow- ment. The dominant factor is whether the alienation of the property of the Religious Institution would be beneficial and are in the interest of the institution or not, when there are pressing and urgent legal neces- sity then only regard must be given for granting sanction. The properties should not be permitted to be sold at the whims and caprices of the persons who are in the management of the same. The legal ne- cessity is the sine qua non to accord per- mission for sale of the land of the deity. 2007 (II) CLR 733, 2007 (Suppl.II) OLR 1084 ((Sri) Jagnya Baraha Mahaprabhu Bije, Jharuapada and others Vs. State of Orissa through Secretary, Law Department and others) 1[19-A. Regulation of registration of documents :– Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under Section 17 of the Registration Act, 16 of 1908, purports to evidence transfer, by exchange, sale, mortgage or by lease for a term exceeding five years, of any immovable property belonging to or given or endowed for the purpose of any public Religious institution, no Registering Officer, appointed under that Act, shall register any such document unless the transfer or produces before such Registering Officer, the sanction order passed by the Commissioner under Section 19, or, as the case may be, no objection Certificate in the prescribed form granted by the Commissioner or any Officer authorised by him in that behalf. Provided that a no objection Certificate granted under this Sub-Section shall not be a bar to a dispute or abate any dispute, if pending under Section 41: Provided further that a no objection Certificate shall be deemed to have been granted, if the Registering Officer is satisfied that the transfer or having applied for grant of no objection Certificate to the Commissioner or the authorised Officer, as the case may be, has not received the same within three months from the date of the application under Section 19 is moved before the Commissioner and that the application has not been rejected before expiry of that period. 19-B. Restriction against money-lending :– Notwithstanding anything contained in any other law for the time being in force, no Religious institution shall lend or borrow money without the prior sanction of the Commissioner : Provided that no such sanction shall be necessary for borrowing such amount as may be prescribed for meeting the urgent expenses to carry on the daily rituals of a Religious institution.]