(1) In these rules, unless the context otherwise requiresa) "Act" means the Durgah Khawaja Saheb Act, 1955 (No. 36 of 1955);
b) c) d) e) f) g) h) i) j) k) "agricultural purpose" means use of land for the purpose of growing crops;
"Bye-Laws" means the Durgah Khawaja Saheb Bye-Laws, 1958 made by the Durgah Committee, Ajmer in exercise of the powers conferred by Section 20 of the Durgah Khawaja Saheb Act , 1955;
"commercial activities" means business, trade, enterprise or such other activities undertaken for the purpose of making profit;
"educational purpose" means the purpose of imparting education or training for skill development and shall include running educational institutions, schools, colleges, universities or madarsas;
"health purpose" means running of hospital, dispensary, mutab or nursing home;
"land" means the durgah land and anything attached to the land except building and trees; · "lease" "lessor" and "lessee" shall have the same meaning as assigned to them under the Transfer of Property Act, 1882 (4 of 1882);
"lease year" means each successive periods of calendar months during the term ending after completion of one year of the commencement date;
"leased premises" means the land or the building leased out by the lessor to lessee;
"lease rent" means the amount payable by the lessee to the lessor including the charges for the fittings and fixtures attached to the land.
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3.
(2) Words and expressions used but not defined herein shall have the same meaning as assigned to them in the Act, and the Bye-Laws.
Restriction on grant of lease in certain cases.- (1) The Committee shall not give on lease any mosque, durgah, khanqah, graveyard or imambara :
Provided that no such restriction shall apply to the durgah land situated outsjqe tt:ie main pr~mises of the mosque, durgah, khanqah, graveyard or iniambara·;· ... . . . . . .• .. .. . . .. . . . . .· . ·:·· .... .. -- ···- .. · ... -:-• .. ,·.~ .. .
4. Procedure as to short duration lease of less than two years- (1) The Nazim may give on lease durgah property, for any period of less than two years, on such terms and conditions as agreed upon by the parties.
(2) The Nazim 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 inside the Durgah Premises or any other public place, if the monthly rental income is less than Rs. 1000/-(Rupess one thousand only).
Where the rental income is more than Rs. 1000/- (Rupees one thousand only), Nazim shall publish invitating 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 durgah 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 reseNe price per square feet.
(3) The Nazim shall execute the lease of the property in favour of a person offering to pay higher lease rent.
~ The Member, Nazim or any staff of the Durgah Committee 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.
5. Procedure for lease other than short duration lease- Save as provided in rule 4 above relating to short duration lease, the Committee shall in all cases where lease of durgah property is required to be given for a period of more than two years but not exceeding thirty years, publish invitating bids in at least one leading national (Hindi, Urdu or English) newspaper and one regional or local newspaper containing the following details, namely:- Page 2 of 9
(i) exact area or description and location of the durgah 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 newspapers shall be required for lease of durgah property whose lease rental income is less than Rs.1000/ (Rupees One Thousand only) per month and the Committee shall invite applications from persons desiring to take the property on lease by publishing a notice in the surrounding vicinity, distributing leaflets, pamphlets or beating of drums and pasting the said notice on any conspicuous place inside the Durgah Premises or any other public place
Provided further that the Member, Nazim or any Staff of the Durgah Committee 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.
6. Invitation of bid for lease- Competitive bids shall be invited in all cases in which the rental income from the leased property is more than Rs.1000/-(Rupees One Thousand) per month and the durgah property 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.