Lok Sabha Question No. 1684 (UNSTARRED), answered on 2019-02-13
Subject: Justice Zakiullah Khan Committee
Ministry: MINORITY AFFAIRS
Asked by: Kunhalikutty, P.K.

## GOVERNMENT OF INDIA MINISTRY OF MINORITY AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.1684 TO BE ANSWERED ON 13.02.2019

## Justice Zakiullah Khan Committee

## 1684. SHRI P. K. KUNHALIKUTTY:

Will the Minister of MINORITY AFFAIRS be pleased to state:

- (a) the terms of reference for which Justice Zakiullah Khan Committee was setup;
- (b) the details of recommendations of the Committee; and
- (c) the modalities for implementation of the recommendations?

## ANSWER MINISTER OF MINORITY AFFAIRS

## (SHRI MUKHTAR ABBAS NAQVI)

(a): A Committee headed by Justice (Retd) Zakiullah Khan, Allahabad High Court  was constituted by this Ministry  with the following terms of reference :

- (i) Review implementation of Waqf Properties Lease Rules (WPLRs) , 2014  in various States and  analyze  the  outcomes  vis  a  vis  objectives  of  the  WPLRs  specially  in  terms  of enhancement of income of State Waqf Boards(SWBs),greater realization of rental income from Waqf properties and the like;
- (ii) Critically  examine  the  need  for  modifications  if  any,  in  the  WPLRs,  in  the  light  of  requests received    from various SWBs and other stake holders;
- (iii) Critically  examine  whether  State  specific  dispensation  can  be  given  to  SWBs  directly managing Waqf properties in a legally sustainable way;
- (iv) Recommend specific changes that may be required in the existing WPLRs;
- (v) Examine any other issues relevant to the subject; and
- (vi) Examine the need and recommend the amendments in the Waqf Act 1995 in light of request from various stakeholders.
- (b)  :    The  details  of  recommendations  made  by  Justice  Zakiullah  Khan  Committee,  in  its  report pertaining to WPLRs , submitted on 17.1.2019 are as under :

(1) The  proviso  to  Rule  5  be  amended  to  exclude  applicability  of  bidding  process  to immovable properties whose lease rental as on 03.06.2014 was Rs 3000/- per month.

- (2) A proviso  to  be  added  in  the  existing  Rule  18  relating  to  renewal  of  lease  whereby discretion be given to  Board not to apply the procedure for bidding in case of a lessee occupying waqf property uninterruptedly from 1995 or prior thereto and has been regularly paying rent and as a measure of one time concession, the lease may be renewed upto a period of 10 years if the lessee files an undertaking with the Board to the effect that;

(a).The lessee shall handover peaceful, unencumbered and vacant possession of the waqf property to the lessor on the expiry of the period for which the renewal has been given, and

(b).  The  lessee  or  its  legal  heir  shall  not  in  future  claim  any  benefit  or  right whatsoever out of this one time concession, and

(c). The lessee shall forthwith make all payments towards arrears and continue to make lease rental determined as per Rule 7 of the WPLR, 2014, and

(d). The lessee shall forthwith withdraw all cases filed by the lessee against the lessor before any Authority/Tribunal/Court of Law in respect of or in relation to the leased property.

(3)   The reserve price in case of hospitals, educational institutions and social sectors to be reduced from 2% to 1% and in case of commercial activities, it is to be reduced from 2.5% to 1.5%. In case of land for agriculture purpose, the reserve price be reduced to 1% of the market value.

(4) Upon entering lease, the lessee is required to make security deposit. It has been recommended to reduce it to;

- (a). One month from 3 months in case of lease of one year,
- (b). Three months from 11 months for a lease of upto 5 years
- (c). Six months from 18 months for a lease of more than 5 to 10 years
- (d). Twelve months from 24 months for a lease of more than 10 to 30 years.

Further security deposit to be refunded within one month of handing over peaceful possession to the satisfaction of the lessor.

(5)   Under Rule 19, the lease period for shop to be increased from 5 years to 10 years and for agricultural purpose the lease period to be increased from one year to 3 years.

(6)   A proviso to be added to Rule 18 whereby the legal heir of a deceased lessee  be made  entitled  to  transfer  of  unexpired  period  of  lease  in  his/her  favour  on  payment  of transfer fee which would be equivalent to three months rental.

(7)    Three  notices  with  a  gap  of  one  month  in  place  of  one  notice  be  given  in  case  of termination of lease.

(8) Lease rental  and  security  deposits  to  be  deposited  in  F.D.  in  the  account  of  the lessor in a Nationalised Bank.

(c) : The  recommendations made by the Committee are being examined .

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