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9

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

Act: Auqaf (Federal Control) Act 1976

Section Provisions

AUQAF (FEDERAL CONTROL) ACT, 1976 AUQAF (FEDERAL CONTROL) ACT, 1976 9. Power to terminate a lease or resume a tenancy for beach 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 give to such lessee or tenant a notice to appear and stat,: his objections to an order being made for the termination of the lease or resumption of the tenancy. (2) The lessee or tenant to whom a notice is given under subsection (1) may state that the breach of the conditions of the lease or tenancy specified in the notice is capable of rectification and undertake to rectify it. (3) If the Administrator is satisfied that the breach is capable of rectification, he shall allow to the lessee or tenant, as the case may be, reasonable time, which shall not be less than thirty days or more than sixty days, to rectify it and may make an order terminating the lease or resuming the tenancy if the lessee or tenant fails to rectify the breach within the time allowed. (4) Where an order terminating the lease or resuming the tenancy has peen passed under the provisions of subsection (3), 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 Administrator‑General. (5) If a lease terminated, or a tenancy resumed, under subsection (3), is allotted to any other person, the amount of the compensation, if any, paid to the outgoing lessee or tenant under subsection (4) may be recovered from such person.