12
Power to terminate a lease or resume a tenancy of breach of conditions
Act: Balochistan Waqf Properties Act 2020
Section Provisions
ACT III OF 2020 ACT III OF 2020 BALOCHISTAN WAQF PROPERTIES ACT, 2020 An Act to make provisions and to repeal be existing Waqf Properties Ordinance, 1979 [Gazette of Balochistan Extraordinary, 1st September, 2020] No. PAB/Legis;V(02)/2020, dated 1.9.2020.---The Balochistan Waqf Properties Bill, 2020 (Bill No. 02 of 2020),having been passed by the Provincial Assembly of Balochistan on 26th August, 2020 and assented to by the Governor, Balochistan on 31st August, 2020 is hereby published as an Act of the Balochistan Provincial Assembly. WHEREAS to cater for the monitoring an evaluation purposes of the Waqf and to make provisions relating to the proper management and administration of Waqf Properties in Balochistan Province. AND WHEREAS it is expedient to make provisions relating to proper management and administration of waqf properties in the Balochistan or matters incidental thereto; 12. Power to terminate a lease or resume a tenancy of breach of conditions.---(1) If the Administrator is satisfied that 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: Provided further that if any immovable waqf property is required to be used for public purpose by Government, the Administrator shall, after serving three notices within intervals of one month for eviction of the waqf property, terminate the lease. (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 un-cut and ungathered crop 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.