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9

Power to terminate a lease or resume a tenancy for breach of conditions

Act: Baluchistan Waqf Properties Ordinance 1979

Section Provisions

ORDINANCE IV OF 1979 ORDINANCE IV OF 1979 BALUCIUSTAN WAQF PROPERTIES ORDINANCE, 1979 9. Power to terminate a lease or resume a tenancy for breach of conditions.‑(1) If the Administrator is satisfied that a lessee or tenant of any immovable Waqf property has committed a breach of the conditions of the lease or tenancy, the Administrator may, after giving such lessee or tenant an opportunity to appear and state his objections order the termination of lease or resumption of tenancy; Provided that if the breach is capable of rectification the Administrator shall not order the termination of the lease or resumption of the tenancy unless he has issued a written notice requiring the lessee or tenant to rectify the breach within a reasonable time, not being less than thirty days or more than ninety days, to be stated in the notice, and the lessee or tenant has failed to comply with such notice. (2) Where an order terminating the lease or resuming the tenancy has been passed under the provisions of subsection (1), the Administrator may forthwith re‑enter upon the Waqf property and resume possession of it, subject to the payment of compensation to be fixed by the administrator for uncut and ungathered crops or for the improvements, if any, that may have been made by the lessee or tenant under the terms of' the lease or tenancy or with the permission of the Chief Administrator; Provided that if the lease or tenancy, be allotted to any other person, the amount of the compensation, if any, paid to the outgoing lessee or tenant may be recovered from the new lessee or tenant.