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3. contracts

THE WAQF PROpERTIES LEASE RULES,2014*
In exercise of the powers conferred by sub-section (1) of section s6 of the
Waqf Act, 1995 (43 of 1995) the Ceitral Govemment hereby makes the
foll owing ru I eg n a m EIy
1. Short title and commencement-(1) These rules may be called THE
Wner Pnoprnres LeRss Rums,2014.
They shall come into force on the date of their publication
the
^ .- \2)
Official Gazette.
2. Definitions.-(1) In these rules, unless the context otherwise
requires,
(a) " Act" means the Waqf Act,1995 (43 of 1995);
. (b) " agricultural purpose" means use of land for the purpose of
SrowrnScroPs;
(c) "commercial activities" means business, tradeo€nterprise or such
other activities undertaken for the purpose of making proHi;
. (d) "educational pu_rpose" means the purpose of imparting education
or training fo-r skill devel6pment and shafl include runhing Educational
instifutions, schools, colleges, universities or madarsa;
(e) "Form" means a form appended to these rules;
(fi "health purpose" means running of hospital, dispensary; mutab or
nursing home;
_(g)-"-I*d" means the waqf land and anything attached to the land
except building and trees;
. \n'l "lease" "lessor" and "lessee" shall have the same meaning as
assigned to them under the Transfer of Property Act,1882 (4 of 1882\;
(-r) "lease year" means each successive periods of calendar months
during the term ending after completion of one year of the commencement
date;
(7) "leased premises" means the land or the building leased out by the
lessor to lessee;
(k) "lease rent" means the amount payable bv the lessee to the lessor
including the charges for the fittings and fiitures attached to the land.
(2) words and expressions used but not defined herein shall have the
same meaning as assigned to them in the Act.
3. Restriction on grant of lease In certain cases.-(l) No mutawalli or
Board. shall give on lease any mosque, dargah" khanqafu graveyard or
imambara:
Provided that no such restriction shall apply to the waqf land situated
outside the main premises of a mosque .idrfah, khanqali, graveyard or
imambara:
"Vide G.S.R. 380(E), dated 3-G2014, published in the Gazette of India, Ext., Pt. U, S. 3(t,
dated 3-G201.4.
WAQF PROPERTIES LEASE RULES,2014
lR.4
rd given
-Act, on
lease before the
2073, in the States of
Chandigarh may be continued in
rules.
4. Procedure as to short duration lease of less than one year.-(l) A
mutawalli or Board may give on lease waqf property, for aly p_eriod oJ less
than one year, on such ferhs and conditions as agreed upon by the parties.
ent)
(2)
The mutawalli
o
desiring to take the prop
notice in the surrounding
of drums and pasting the
or any other public place.
(3) Tkte mutawalli or Board shall execute the lease of the property in
favour of a person offeringto pay higher lease rent.
(a)The mutawalli, Board or any member of the managing committee of
a waqf, including their spouse, parents, children, brothert .sisters, sPglPgs
of broihers and siiters gr ihildren of brothers and sisters, shall not be eligible
to apply for lease under this rule.
property;
(z) the purpose or object for which the property is required to be leased;
(iil the period for which the property is required to be leased;
(iv) the minimum reserve price per square feet:
shall be required for
less than Rs. 1,000
or Board shall invite
on lease and execute
les (2) and (3) of rule
(r) exact area or description and location of the waqf
4:
Provided further that the mutawalli, Board or any member of the
managing comrnittee of a waqf, including their spou,se, parents, children,
brothdrs,-sisters, spouses of brothers and s-isters or-childreh of brothers and
sisters, shall not be eligible to apply for lease under this rule.
of bid for lease.-Competitive bids shall be invited in all
the rental income from the leased property is more than
es One Thousand) per month and the wailf pioperty shall be
leased out to the highest bidder:
Provided that the bid shall in no case be less than the reserve price
referred to in rule 7.
,
R.121
-
84-C
WAQF PROPERTIES LEASE RULES, 2014
ce.-(1) The reserve price per square feet for
lease
of the
all not be less than 5"/" per annum of the market value of the
(2)The market value referred to in sub-rule (1) shall be the price fixed
for registering a conveyance at the office of the Registrar or sub-Registrar.
8. Payment of security deposit.-(1) Upon the execution of lease, the
lessee shall make payment of a security deposit of the amount based on the
period of lease, as under, namely :
(.r) three months lease rent on lease period of upto one year;
(r.r) eleven months lease rent on lease period of more than one year
and upto five years ;
(ll) eighteen months lease rent on lease period of more than five
and
up to ten years; and
years
(rr.) twenty-four months lease rent on lease period of tnore than ten
years and up to thirty years.
(2) The security deposit received under sub-rule (1) shall be kept in a
nationalised Bank and the Board mav utilise the amount for development of
waqf properties, with the sanction of not lcss than two-thirds of the
members of the Board.
9. Registration of lease.-(1) A lease of waqf property for any period
exceeding one year and up to thirty years shall be registered at the office of
Registrar or sub-Registraiunder whose jurisdiction the property is situated.
(2) The expenses towards registration of lease under sub-rule (1) shall
be borne by the lessee.
10.Lease rent.-(l) The lessee shall pay to the lessor for the leased
premises lease rent in respect of each year of the term or renewal terms, as
the case may be, payable in advance and without notice or demand, in
monthly or ahnual initalments as agreed upon between the parties, from the
date of execution of the lease agreement.
(2) The lease rent tendered by the lessee on time by way of money
order, if refused by the lessor in accepting or giving receipt, may be
deposited before th6 concerned Waqf Boardland Ihe L"ease r,3nt shail be
treated as validly deposited if deposited by the lessee within 15 days of such
refusal by the lessor.
1L. Increase of lease rent per annum.-Every lease agreement shall
contain a clause to the effect that t rere shall be an increase of lease rent
every yearby an amount of not less than 5"/" on the existing lease rent.
12. Payment and recovery of lease rent.-(1) All amounts payable by the
lessee to the lessor pursuant to the lease of waqf property shall be deemed to
be lease rent and be recoverable as lease rent by fhe iessor who shall have all
right against the lessee for default in any payment thereof.
(2) Lease rent shall be paid to the lessor without deduction or set-ofi at
the address of the lessor or 1o such other person or at such other address, as
the lessor may from time to time, designate in writing.
84-D
WAQF PROPERTIES LEASE RULES, 2014
lR. 13
- (3) If the lessee continues to occupy the premises after the expiration or
earlier termination of the lease, the lessee- shall, subject to final orders
passed in any proceedings, continue to pay lease rent for the period of such
unauthorised occupation.
13. Time limit for decision on proposal for lease by mutazualliorBoard.The mutawalli or Board shall, on receipt from the lessee of a proposal for
grant.of lease of waqf property which is complete in all respeits,'consider
and give its decision on the proposal, within a period of thirty^days.
tby mutauollito
hall
agreements erec
as possible but n
nt of lease was so
the
the
15.
furnis
prope
lease,
details of waqf property.-Every ntt
nded to these Rules, aelaitd of immbvabl
rt of the Waqf to be leased out, specifying
s and conditions of lease and such other
to the Board, within three months from the date of notification of these rules
in the Official Gazette.
or transfer waqf property.-The
or transfer the lcasc ()r any jnterest
ion o[ all or any parl trf thc lcased
the leased premises to bc used or
Provided that the lease agreement enterc.d into by any corporation or an
qgency 'of the Government in re.spcot of waqf propeity shall bc gove.rned by
the terms and conditions nrutually agreed beiween the parties.
o
within
thirty years in certain cases.-(1) A
3 months, the permission may
- (2) The sanction for grant of lease under sub-rule (1) shail be given by
the Board in accordance_with the procedure contained'in clause g)'of sudsection (2) of section 32 of the Act.
18. Renewal of lease.-(]) No lease agreement shall contain a clause
providing for automatic renewal.
(2) The Board shall, lvhile renewing the lease, give preference to the
present lessee if such lessee participates in the bid an?
-jt.hes the highest
bid
. 19.Pqrpose and period of lease.-(1) The Board may givc on lease any
immovable qaqf prop€rty for the purposes and for ihe period relating
rnereto as under, namely:(r) for shops, lease shall be granted for a period of r-rp to five years;
(it) for cold storages, marriage halls or small industries, lease shall be
granted for aperiod of up toten veais;
,
R.2U
WAQF PROPERTIES LEASE RULES,2014
(iit)
iJ',lri'rtr';I?51s,
restaurani' o' tnnr, i""'?
corsEes
be
shall
(2)
84-E
for establishing or- running of
The
.-shopping malls, residentiar
u""!ir"r?a for a period of up
'null
;"1,:'&1,"s.1"'3'fl:X'"il::T::Hjt\:*:iul:
--"^""" "
up to thirty y;;;
urposes, the lease shall be gr
to
the crop in case the crop hasoa
re
^;
tor_agricultural purposes shall
"o'o1:r".u',;"#l
"lrt"r1r"
rease shall mean the date of
execution of lease deed or tne effe"tive
date oil;";;;".tio.,.a in the rease
20' Use and occupatio-n of reased properfy.-(1)
The lessee shalr not use or
permit to be used the reased p."-'ir",
purpose other than the purpose'ugr""d or any part thereof for any other
betweei ti.," puril"r,
that no waSf property.shalr be.given
on rease for purposes which
sharia sucri is [u''i'ti"g
riq,.ro, or orher
.r r8li"t;; ;il'J,
*ithJil Jl"""toT::?"iililn:31'rd
anv structure on the reased premises
- Provided that any structure build
the BoaJsh;itt;;_"
any compensation fo'
:*::3f,x,i"""J;j
"q;4;;,i
in
:l'J|',"irJ:
(3) The lessee
il"9"Tir""fffi."o
21.
I
in building
such,
sha'maintain the reased pre-mises and
keep the property
condition i"a-lJ--o"";fi
|".u,ge rrom the
;;;J"i
Rights and obligations of the lessor
and lessee._(i) rhe rights and
Jf., uf i i.rcf
a iir" i"f f .* i";, ;;;;1,
" "
iabili ries of the essee
I
tull
and
dto
and
(i4 Access by
leased premises at in
to enter the
where
and otherwise,
with the lessee's use <-r
ses.
;Tlgr"il:I
84-F
WAQF PROPERTIES LEASE RULES.2014
(iil
[R-22
Lessee to carry out certain obligations.-The lessee
shall,_
promptly
pay
electricity
charges,
water
charges
or any
.(r)
. duties, assessments,
,levres,
cess,
and Iicense fees whatsoever whether municipal,
school, provincial, parliamentary or otherwise;
(iD upon the request of the lessor, promptly deliver to the lessor
.
lor examination all receipts for payment of such levies, duties, assessments
and license fees;
or
the
the
the
Provided that the lessee shall, if required
thq lessor, remove any
leasehold improvements or fixtures froin the !y
l'eased premises upon th'e
termination of the lease.
m
th
J**:'"tti,*i"";:,'[Hfij';ilxtl?"?,H
components of the leased premises made by
Provided that the lessor shall perform any such work at the expense of the
mutually agreed between ihe parties.
(4) Liens.-The lessee shall not create any lien or encumbrance on the
leased premises under any circumstances including on the leasehold rights. lessee shall, for the purpose
_ (5) Perntission from
of construction of any st
premises, take all .,6""r'ru.yr
permission from the local
ipproval of the Board.
22. unforeseen damage and destruction.-If during the period of lease,
the leased premises or.any part thereof is-damag& uy'ri.e, light"ing,
tempest, structural defects or acts of God or by anyt-unfoieseen pe"rils, th%
following provisions shall apply, namely:a result of such damage the leased premises a
t for occupancy by the lessee, the lease^ rent shall
that part of the leased premises rendered unfit fo
lessee as may be
(rz) Notwithstanding anything contained in clause (r) above, if in the
ppinion of the lessor's archit-ect oi eng
n within'sixty days or tn"
happening of damage,
Ieased
ncapable
of 6eing r"u"ilt,
.the
.qrE
rep-aired or restored with
reasona6le
within one hunjred and
gighty days after the occurrence of the damage, then either the lessor o, tt*
lessee may.opt to.terminate the.lease-by giving to the other party a notice in
writing within fifteen days of such -ofinioi of the less6r,s architect or
engrneer:
d
p
H""il,:::[ll,
t
iire
e
",]il;
therein to
hall be
apportioned and shall be payable by the lessee only up to the date of the
R.
241
WAQF PROPERTIES LEASE
RULES,2014
B4_G
damage and the lessor may thereafter re-enter and repossess the leased
Premrses.
_ \iiD If the leased premises are capable with reasonable diligencc of being
rebuilt, repaired or restored within-one hundred and eighti days of th6
occurrence of such damage, then the lessor shall proceed to ribuild, rt.slort'
or repair the leased preririses within the said period of one hundred and
days plus any additional period caused'by strikes, lock-outs, slow"-rghty
downs, shortages of material or labour, acts of God, acts of war, inclcmcnt
weather or other occurrences which are beyond the reasonable control of the
lessor, and the lease rent shall abate in the-manner provicled for in clausc (.r)
above until the leased premises have been rebuilt, repaired or restorcd.
- 23. Default.-(1) Each of the following events shall constitutt: an event of
default, namely:(, all,or any part of the lease rent is not paid by the lcssee after it
become due for such payment;
perform or keep each and evcry of the
ns and fails to rectify or rcmcdv the
by the lessor requiring the lessee to so
(zr) the lessee builds any structure on the land or btrilding without
prior sanction or approval of theBoard; or
(rr.,)
non-payment
by the
lessee
of lease rentals or
lease
considerations for three consecutive months.
(2) Upon the occurrence of one or more of the events referred to in subrule (1), the lessor may, at its option,(r) be entitled to the full amount of the lease rent due and payable;
-(i4 lraye 1o obligation to refund the security deposit which shall be
deemed to be forfeited in favour of the Waqf.
(iil seize- and sell such goods and equipment of the lessee after
obtaining an order from the Tribunal and may ipbtv the proceeds thereof to
all lease rent to which the lessor is then entitled driai:r the'lease:
Provided that any such sale may be effected by public auction or
otherwise, and eithei in bulk or by individual item, ur tt-r" lessor in its sole
discretion may decidei
(rd terminate the lease by giving one months notice and the lessee
shall pay to the lessor lease rent for-the inexpired portion of the term had it
not been terminated.
24. Surrender of leased property
r
(1) Upon expiration or termination
I
surrender possession of the leased p
I
in substantially the condition in whi
r
leased
only
reasonable
wear
and tear, and upon
,premi6es.excepting
surrender, all right, title, and interest of the lessee in the leased premises
shall cease.
WAQF PROPERTIES LEASE RULES, 2014
84.H
lR.2s
(2)If after the expiration or termin4tion of the lease, the lessee
continues to occupy the leased premis'es, it shall be treated as an
encroachment and such encroachment shall be removed in accordance with
the procedure specified in section 54 of the Act.
(3)
ressor may remove and
(J) The
rne lessor
ano sell
sell or otherwise
ornerwlse dispose
orsPose of
or any
leasehold improvements, equipment or any other property of the lessee left
on the leased premises by the lessee after the termination of the lease, in
accordance with the procedure specified in section 55-A of the Act.
25. Notice.-Any notice under these rules shall be given in writing and
sent by registered mail or by speed post and delivered to the lessor at his
address; and to the lessce, personally or at the leased premises.
26. Successors and assigns.-Subject to the specific provisions contained in
these rules to the contrary, the lease shall be for the benefit of and be binding
upon the successors and assigns of the lessor and the heirs, executors and
administrators and the permitted successors and assigns of the lessee.
APPENDIX
FORM
(Seerule 15)
t. Name of the Waqf Board
2. Name of the m utawallior management committee.
c. Name of Waqf and its naturc and object.
4. Details of the Waqf properties attached with the Waqf.
5. Period of lease intended.
6. Place where the waqf property is situated.
n Name and address of the lessor.
8.
A. Particular of land to be leased
Area
of
Waqf
land
Type of
Waqf
land
Revenue/
Cess/taxl
Average
arurual
Structure,
if any on
assessment
yield
the Waqf
Grossincome Litigation/
likely tobe Court cases,
generated
if any
land
B-
Area
of
site
Particular of house/building
Typq of Plinth Total rate
house/
Area applicable
building
Cost of
structur€
Facilities
(Carage,
Year of
construction
Litigatiory'
Court
sanitary
cases,
electric
if any
installatiory
etc.
9. Market value of the
above property
if anv of lease
10. Terms and conditions,
11. Reference No.
It is hereby certified that the undersigned has no beneficial interest in the above waqf and
theinformation furnished above aretrue to thebest of my knowledge.
(Signature)
Name of the rnutawallior the management committee