(1) Whenever the Board review U/s 56 (3) of the wakf Act, whether on receiving any complaint or on its own motion or there is reason to believe that the rent of Wakf land, building or premises is either low or excessive, it shall authorize the Chief Executive Officer or any other Officer of the Board to hold a summary enquiry and determine the fairest.
(2) If considering all the circumstances and facts of the case including any amount paid by the tenant by way of premium or any likewise sum in addition to the rent the Chief Executive Officer is satisfied that the rent of the building is either lower excessive he shall determine the fairest of such wakf land, building or premises.
(3) In determining the bill rent as aforesaid the Chief Executive Officer shall due consideration to the prevailing rate of rent in the locality for the same or similar accommodation in similar circumstances and to the increased cost of repair and also any general increase in the cost of site and building, the Municipal Tax or other Local Authority Taxes of the Wakf building, premises and vacant land of the Wakf, the Chief Executive Officer shall fix rent after giving the parties affected, proper opportunity of being heard which shall be binding upon the tenant or the licensee who so ever may be.
(4) A tenant or a licensed whoever it may be is aggrieved by the order of the Chief Executive Officer, he may file and appeal against the said order before the tribunal within fifteen days from the receipt of the order and in case of refusal, within fifteen days of refusal and the Tribunal on hearing the appellant as well as the Board shall have right to uphold, modify, alter or set aside the order passed under sub rule - (3). The order of the tribunal shall be deemed to final.
Provided that if the appellant fails to deposit the arrears as well as current rent as determined prior to admission of the appeal, the appeal shall be dismissed accordingly by the tribunal.
(5) The tenant or the licensee whosever he may be, shall deposit and pay the fair rent to the Mutawalli / Secretary Administrator of the Board as the case may be, entitled to - 26 - receive the rent as determined under sub rule (1), (2), (3) and (4) by the end of first week of the next following month punctually. If he fails to do so, he may be evicted by the tribunal on the application to this affect by the authority entitled to receive the rent.
The tribunal shall pass an eviction order as early as possible but within six months of the filling of the eviction case on giving opportunity of being heard to the tenant or licensee on the basis of summary trial. The defaulter tenant shall be serve the order of execution and the evacuation shall be executed by the S.D.O. (Civil) or his subordinate who shall have right to use even force in view of the facts and circumstances of the case and the arrears of rent shall be realized by issuing Certificate by the Tribunal as Public demand and the said amount shall be deposited with the Board, its agent or the applicant.
49. Procedure for leasing out the Wakf property, shops, buildings, vacant land or space Under Sub-Section (3) of Sections 56 of the Wakf Act.
(1) Where any Mutawali / an Official authorized / Secretary of M. C intends to develop or let out any wakf property Under Sub Section 3 of Section 56 of the Wakf Act the Mutawalli / an Official authorized / Secretary of Managing Committee shall take permission from the Board and shall proclaim publicty and affix notices on conspicuous part of the wakf Board, Mosque, Dargah or Imambara as well as at some conspicuous place of the Wakf property where it is situated and shall also publish the notice of this effect at least in one Urdu daily paper of having circulation relating to the proposed project for development project or proposed Wakf property to be let out inviting public tenders on a fixed date and time in sealed cover regarding their offer of Salami or advance money donation for religious purposes or monthly rent of the property.
(2) On receipt of the sealed cover public tenders along with earnest money fixed by the Board, it would be opened on the same day in presence of the Chief Executive Officer or in presence of any person authorized by him and the tendered or their representative.
(3) The Mutawalli / an Officer authorized / Secretary of Managing Committee in the presence of Office bearers of District Wakf Committee authorized officer and the authorized officer shall prepare a list of all tenders received in order of tenders offering more benefits to the Wakf and shall submit a report to the Chief Executive Officer or the Board as the case may be along with his a recommendation.
(4) The board shall consider the recommendation received under Sub-Rule (3).
The priority shall be given to the person or institution offering to the highest tender.
- 27 - While granting sanction U/s 56 (3) of the Act for lease or sub-lease or renewal thereof, the Board may review terms and conditions on which the lease or sub-lease or tenancy is proposed to be granted.
Provide that the Board shall have all right to accept or reject any or all the tenders without assigning any reason.
50. Annual report of Wakf under direct management of the Board, U/s 65- The detailed report to be sent to the state government under sub section (3) of section 65, shall be in Form 55.