58. Restriction on the powers to grant lease of Wakaf property.
(1)No lease of land or other immovable property belonging to any Wakaf shall be valid, notwithstanding anything contained in the deed or instrument of Wakaf or in, any other law for the time being in force, unless previous permission of the Council has been obtained in writing.(2)The Council may make lease of any Wakaf property in favour of any beneficiary on such terms and conditions as may be prescribed :Provided that the maximum period of lease shall not exceed 40 years.Provided further that in case of lease for agricultural purpose, the initial period shall not exceed one year and may be renewed after the expiry of the initial period but in no case renewal shall exceed one year at a time :Provided also that lease of Wakaf property for commercial purposes shall be made only on payment of premium equivalent to market value plus ground rent as may be determined by the Council :Provided also that initial period of lease for commercial purpose shall not exceed 5 years that may be renewed after the expiry of the initial term but in no case renewal shall exceed ten years at a time.(3)A leave or sub-lease or transfer of possession in any manner whatsoever of Wakaf property in favour of any person who is not a beneficiary under the Act shall be void.Explanation. - For the purpose of this section entering into a partnership wherein the lessee has less than 50% share in profit and the business of the partnership and parting with possession in the property, shall be deemed to be transfer of possession by the leasee within the meaning of this section ; will be deemed to be in unauthorised occupation and shall be liable for eviction :provided that no partnership whatsoever shall be entered into with any person who is not a beneficiary under the Act.(4)The Council shall in granting sanction for the making or renewal of lease under this section review the terms and conditions on which the lease is proposed to be granted or renewed and make its approval subject to the revision of such terms and conditions in such manner as it may direct.
