LEASE
DEVELOPMENT
Development
of Waqf Properties which will not only Aid in protection of the waqf properties
but also generate income and intern empower the Muslim youth.
MODERNIZATION OF DISTRICT WAQF
OFFICES
1. First and Foremost provide good and well-spaced
District Waqf offices which have infrastructure to maintain Waqf Records and
have a good working environment for both the Waqf staff and also the mutawallis
visiting the Waqf Office.
2. Provide High Level and Modernized office setup
with latest Computer and other requirements of the office.
3. Provide Adequate staff to cater to the issues
of Waqf Institution on time and resolve matters at grass root level.
LEASING,
DEVELOPMENT AND RETRIEVAL OF WAQF PROPERTIES
63. LEASING OF WAQF PROPERTIES.-
(1)
For the purpose of granting lease under section 51 and section 56 of the Act,
the Mutawalli or the Board shall follow the Waqf Properties Lease Rules, 2014,
as amended from time to time, failure of which shall render such leases null
and void.
(2)
Within six months
from the date of commencement of these Rules, the Mutawalli of a Waqf
institution shall bring the existing lease in respect of the Waqf properties in
conformity with the Waqf Properties Lease Rules, 2014.
(3)
Application for
grant of lease shall be filed in Form 56
(4)
Lease for a period
of less than one year shall be executed in Form No.57 and for a period of more
than one year shall be executed in Form 58.
64. DEVELOPMENT OF WAQF PROPERTIES.
(1) The Board for the purpose of development of
the Waqf properties as provided in the proviso to sub-section (1A) of section
51 may adopt Public Private Participation Scheme/Build Operate and Transfer
Scheme; however the duration of such arrangement shall not exceed a period of
30 years.
(2) No perpetual right, title, interest in the
Waqf property shall be created in such schemes of development.
(3) While developing the property the intention
of the Waqif shall be borne in mind to the possible
extent.
(4)
The Board shall maintain absolute
transparency while developing the Waqf property, which includes publishing the
details of the property to be developed, details of scheme for development, and
invite bids in leading national and regional newspapers.
(5) The property so developed shall not be used for
purposes other than those permitted.
65. PROCEDURE UNDER SECTION 52 FOR
RECOVERY OF WAQF PROPERTY.
(1)
The Chief Executive Officer of the Board shall address in Form 59 to the
Sub-Registrar within whose jurisdiction any immovable Waqf Property is
transferred in contravention of section 51.
(2)
On the requisition of the Chief Executive Officer of the Board, the concerned
Sub- Registrar shall issue certified copies of the documents, as per the rules.
(3)
The Chief Executive Officer or any other Officer of the Board authorized by him
shall verify the details of the property with reference to
the records obtained under sub-rule (2) and proceed further to issue and serve
notices to the transferor and the transferee in Form 60 & Form 60A.
(4)
The Chief Executive Officer shall prepare a Report in Form 61 and place it
before the Board to proceed under sub-section (1) of section 51.
(5)
The Board shall if necessary, forward a requisition in Form 62 to the
jurisdictional Deputy Commissioner to
pass necessary orders including the exercise of the power under rule 123 of the Karnataka Registration Rules.
(6) The Board shall if
necessary forward a requisition in Form 63 to the jurisdictional Deputy Commissioner to obtain and deliver the possession of
the property so transferred in contravention of section
51 and 56.
PROCEDURE AS TO SHORT DURATION LEASE OF LESS THAN ONE
YEAR.-
(1)
A mutawalli or Board may give on lease waqf property, for any period of
less than one year, on such terms and conditions as agreed upon by the parties.
(2)
The mutawalli or
Board shall invite applications from persons desiring to take the property on
lease under sub-rule (1) by publishing a notice in the surrounding vicinity,
distributing leaflets, pamphlets or beating of drums and pasting the said
notice on any conspicuous place like mosque or any other public place.
(3)
The mutawalli or
Board shall execute the lease of the property in favour of a person or
organization or society offering to pay higher lease rent.
(4)
The mutawalli,
Board or any member of the managing committee of a waqf, including their
spouse, parents, children, brothers, sisters, spouses of brothers and sisters
or children of brothers and sisters, shall not be eligible to apply for lease
under this rule.
PROCEDURE FOR
LEASE OTHER THAN SHORT DURATION LEASE. -
Save as provided in rule 4 above relating to short
duration lease, the mutawalli or Board, as the case may be, shall in all cases
where lease of waqf property is required to be given for a period of more than
one year but not exceeding thirty years, publish the invitation of bids in at
least one leading national (Hindi, Urdu or English) newspaper and one regional
or local newspaper containing the following details, namely:-
(i)
exact area or
description and location of the waqf property;
(ii)
the purpose or
object for which the property is required to be leased;
(iii)
the period for
which the property is required to be leased;
(iv)
the minimum
reserve price per square feet:
Provided that no such advertisement in newspaper shall
be required for lease of waqf property whose lease rental income is up to
Rs.3000/-(Rupees Three Thousand) per month as on 3rd June 2014 and the
mutawalli or Board shall invite applications from persons desiring to take the
property on lease and execute the lease by following the procedure specified in
sub-rules (2) and (3) of rule 4:
Provided further that the mutawalli, Board or any
member of the managing committee of a waqf, including their spouse, parents,
children, brothers, sisters, spouses of brothers and sisters or children of
brothers and sisters, shall not be eligible to apply for lease under this rule.
