AZAMABAD INDUSTRIAL AREA (TERMINATION AND REGULATION OF LEASES) ACT, 1992
15 of 1992
An Act to provide for Termination and Regulation of Leases in respect of Plots in Azamabad Industrial Area, Hyderabad and to provide for matters connected therewith or incidental thereto. Whereas an industrial area known as Industrial area, Azamabad, Hyderabad has been selected and established by the erstwhile Nizam's Government with the sole object of establishing industries and the said industrial area was developed into different sizes of plots with infrastructure facilities for leasing them out to persons intending to set up industries; And whereas the developed plots in the Industrial Area, Azamabad, Hyderabad, were leased out to various persons under varying terms and conditions including payment of rents by adopting different formats of lease deeds; And whereas it has come to the notice of the Government that certain lessees or occupants are putting the plots or portions of plots to unauthorised uses and certain other lessees or occupants are misusing valuable industrial urban land for residential purposes as also for warehousing activity; And whereas it has also come to the notice of the Government that some lessees are sub-letting or transferring the plots or portions of plots by entering into disguised partnerships and transfer of shares of companies to secure lease hold transfers; And whereas such erring lessees or occupants are collecting huge amounts through such unauthorised use of the plots or portions of plots; And whereas the Government is unable to resume possession of the Plots or portions thereof held by persons or occupants even in cases of gross misuse and violation of the terms of lease or other arrangement due to adoption of different formats of lease deeds with varying terms and conditions, lacunae in the lease deeds executed or other arrangements made with such lesses or occupants regulating the relationship between the Government and such persons and also due to long drawn civil litigation that is resulting in, during the course of curbing such misuse and violations; And whereas the plots were leased out to different persons on long lease periods upto 99 years at incredibly low rents; And whereas the Government has been sustaining provisions in certain lease deeds for revision of rates substantial recurring loss in the absence of necessary of premium and quit rent that is reasonably due to the Government for the plots leased out it; *[And whereas it is necessary to give effect to the Directive Principles of State Policy as contained in clauses (b) and (c) of Article 39 of the Constitution of India; And whereas it is considered expedient, in public interest, to terminate by law such of the existing leases or other arrangements made or entered into in respect of demised plots or portions thereof in Industrial Area, Azamabad, Hyderabad, which attract any of the grounds stated in clause (b) of sub-section (1) of Section 3, to curb, misuse or violations and to prevent the non-industrial use, including unauthorised constructions and to regulate the leases afresh, as may be decided by the Government, with such uniform terms and conditions including reduced lease period and revised rates of premium and quit rent and adoption of standard format of lease deed, thereby ensuring maximum use of existing infrastructure facilities and proper management of valuable urban property of the Government. Be it enacted by the Legislative assembly of the State of Andhra Pradesh in the Forty-third Year of the Republic of India as follows:-
Section 1 Short title and commencement
(1) This act may be called the Azamabad Industrial area (Termination and Regulation of Leases) Act, 1992.
(2) It shall come into force on such date as the Government may, by notification, appoint.
Section 2 Definitions
In this Act, unless the context otherwise requires--
(a) "appointed date" means a date appointed under sub-section (2) of Section 1;
(b) "Azamabad Industrial area" means the land owned by Government and situated at Mushirabad within the limits of Hyderabad Municipal Corporation divided into plots of different sizes for industrial purpose by the erstwhile Nizam's Government and known as Azamabad Industrial Area;
(c) "Competent Authority" means any authority, officer or person authorised by the Government, by notification, to perform the functions of the Competent Authority under this Act;
(d) "demised plot" mean any plot of land or part thereof in the Azamabad Industrial Area, which has been leased out to any person for industrial use either by erstwhile Nizam's Government or by the Government of Hyderabad or by the Government of Andhra Pradesh or in respect of which there is other arrangement with any person;
(e) "Government" means the State Government of Andhra Pradesh;
(f) "notification" means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;
(g) "person" means an individual and includes a firm or a branch thereof, a body corporate or a branch thereof or any association or a joint Hindu Family or a Company;
(h) "person in occupation" includes lessee, sub-lessee or any person who is in occupation of the demised plot under an arrangement with the erstwhile Nizam's Government or the erstwhile Government of Hyderabad or the Government of Andhra Pradesh or any other person who has been inducted into the demised plot;
(i) "Prescribed" means prescribed by rules made by the Government under this Act.
(j) "structure" includes--
(a) a building, a house, shop, hut, shed or other structure or enclosure, whether roofed or not of whatsoever material constructed and includes every part of it;
(b) all walls, verandahs, platforms, door steps and the like;
(c) a tent or other portable or temporary shelter.
Section 3 Termination of leases
(1)
(a) Notwithstanding anything contained in the Indian Contract Act, 1872 (Central Act 9 of 1872), the Transfer of Property Act, 1882 (Central Act 4 of 1882), or any other law for the time being in force, and the terms and conditions of any lease entered into or other arrangement made with any person in respect of any demised plot either by the erstwhile Nizam's Government or by the erstwhile Government of Hyderabad or by the Government of Andhra Pradesh prior to the appointed date, all those leases, sub-leases or other arrangements made or entered into through a registered deed or otherwise in respect of all demised plots in Azamabad Industrial Area which after due enquiry attract one or more of the ground for cancellation of lease as specified in clause (b) shall stand terminated on the appointed date and thereupon all such leases, sub-leases or any other arrangement whatsoever made by the person in occupation of the demised plot shall stand annulled and every such demised plot shall vest in the Government free from all encumbrances.
(b) Notwithstanding anything contained in any other law for the time being in force, the leases of plots or portions shall be cancelled on either all or any of the following grounds namely :-
(i) misusing of land for a purpose other than the purpose for which land was allotted including non-user; or
(ii) sub-letting or transferring the plots or portions of plots by entering into disguised partnerships and other unauthorised transfer of interest in the plot; or
(iii) violation of any terms, conditions or covenant specified in the lease deed.
Explanation :-For the purpose of this Act, where a lessee enters into a partnership, agreement or other arrangement for carrying on any activity whatsoever on the demised plot, then notwithstanding anything in the Indian Partnership Act, 1932 (Central Act 9 of 1932), it shall also be deemed to be a violation of the conditions of the lease.
(2) Lessees of plots whose leases shall not be cancelled under clause (b) of sub-section (1) shall be entitled to a grant of fresh lease with effect from the appointed date and renewal thereof from time to time on such terms and conditions as may be prescribed by the Government.
(3) The lessees specified in sub-section (2) may, in lieu of renewal of lease, opt for free-hold rights in respect of the demised plots of land by paying a price equivalent to 75% of the market value as specified for the area in Market Value Guidelines under Section 47(a) of the Indian Stamps Act, 1899 (Central Act 2 of 1899).
(4) Upon the termination of the leases or other arrangement in respect of the plot under sub-section (1) the rights and liabilities as between the parties to the lease or other arrangement in respect of plot shall cease and determine, but any amount due to the Government from the aforesaid person under the lease or other arrangement so terminated shall be recovered as an arrear of land revenue.
Section 4 Application for fresh lease
(1) On termination of lease or other arrangements made under clause (a) of sub-section (1) of Section 3, a person in occupation and running an industry on the appointed date may apply for a fresh lease in the manner prescribed.
(2) On receipt of an application under sub-section (1), the competent authority, may where he is satisfied that the applicant has actually been using the demised plot for industrial purpose, and he deserves grant of lease, shall grant a lease on such terms and conditions as may be prescribed.
Section 5 Eviction
(1) Where a lease or other arrangement with regard to a demised plot stands terminated under clauses (a) and (b) of sub-section (1) of Section 3, and where no fresh lease has been granted to the occupant if any under sub-section (2) of Section 4, the lessee or the occupant as the case may be of such demised plot shall vacate the same and deliver possession thereof to the Competent Authority within thirty days from the date of receipt of orders refusing to grant a fresh lease; Provided that the period of thirty days aforesaid may, on the application by the lessee or the occupant as the case may be of such demised plot, be extended by the Competent Authority for a further period not exceeding thirty days; Provided further that where there is structure on the demised plot, the lessee or the occupant as the case may be of such demised plot, shall demolish such structure and deliver vacant possession of the demised plot to the Competent Authority within a period of thirty days after the expiry of the original period of thirty days or the extended period, if any, granted under this sub-section.
(2) Where the lessee or the occupant as the case may be of such demised plot, fails to demolish the structure, within stipulated time, the demised plot alongwith such structure shall vest in the Government and no compensation shall be payable in respect of such structure.
Section 6 Manner of Eviction
(1) where any person fails or refuses to vacate and deliver vacant possession of the demised plot under Section 5, the Competent Authority shall serve an order of eviction in the manner prescribed on the person in occupation of the demised plot or on his agent requiring him to vacate and deliver possession thereof within such time as may be specified in such order and after receipt of such order the person in occupation of the demised plot shall vacate the same and deliver possession thereof to the Competent Authority within such time as may be specified in such order.
(2) Where the person in occupation of the demised plot or portion thereof fails or refuses to vacate the demised plot or portion thereof within the time specified in the order under sub-section (1), the Competent Authority may take possession of the demised plot from the person in occupation thereof and where any such Competent Authority is resisted in the exercise of such power of discharge or such duty, he may direct any Police Officer not below the rank of a Sub-Inspector to render such assistance as may be necessary, to enable the Competent Authority to exercise such power or discharge such duty.
(3) Where a structure has been constructed on the demised plot, possession of which is to be taken under this Act and the same is found locked, the Competent Authority may either cause the premises sealed or in the presence to two or more witnesses break or cause it to be broken open by its door, gate or other barriers and enter the premises:
Provided that--
(a) where any structure is forced open, an inventory of the articles found in the premises shall be taken in the presence of two or more witnesses;
(b) Where any person has been evicted from the demised plot under sub-section (2) of Section 6, the Competent Authority may, after giving thirty days notice to the person from whom possession of the demised plot has been taken after publishing the notice in atleast one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such demised plot;
(c) Where any property is sold under clause (b), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the State Government or any other authority on account of arrears rent or damages or costs, be paid to such person or persons as may appear to the Competent Authority to be entitled to the same.
Section 7 Punishment for disobedience of eviction order
Any person continuing in occupation beyond the period specified in the order of eviction issued under sub-section (1) of Section 6, shall be punishable with imprisonment of either description which may extend to one year or with fine which may extend to five thousand rupees or with both.
Section 8 Liabilities for damages etc.
Where a person fails to deliver possession of the demised plot within the time specified in the order referred to in sub-section (1) of Section 6, he shall be addition to any penalty to which he is liable under this Act, be also liable for payment of damages or mesne profits for each day of such unauthorised occupation from the date of expiry of the period specified in the said order till the date of delivering possession of the demised plot.
Section 9 Appeals
Any person aggrieved by an order passed by the Competent Authority under the provisions of the Act may appeal against such order to the Government within thirty days from the date of receipt of such order and the Government may, after giving an opportunity to the parties pass such orders as they deem fit and the decision of the Government thereon shall be final.
Section 10 Revision
The Government may, in their discretion at any time, either sou motu or on application, call for and examine the record of any order passed or proceedings recorded by the Competent Authority under the provisions of this Act for the purpose of satisfying themselves as to the legality or propriety of such order, or as to the regularity of such proceedings and pass such order, in reference thereto as they think fit;
Provided that the Government shall not pass any order prejudicial to any party unless such party has had an opportunity of making a representation.
Section 11 Solatium payable to the lessee
(Omitted by Act 1 of 2000.")
Section 12 Offences of Companies
(1)Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a company, every person, who at the time the offence was committed was in-charge of, and was responsible to the company for the conduct shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything in sub-section (1) where any such offence has been committed by a Company and it is proved that the offence has been committed with the consent or connivance of, or is attributable, to any neglect on the part of, any Director, Manager, Secretary or other officer of the Company, he shall be liable to be proceeded against and punished accordingly.
Explanation:--For the purpose of this section,-
(a) "Company" means a company as defined in the Companies Act, 1956 and includes a firm, a society or other association of individuals and
(b) "Director" in relation to--
(i) a firm, means a partner in the firm;
(ii) a society or other association of individuals means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may be.
Section 13 Approval of Plans
No person shall take up construction of any structure or carry on any alterations or additions to existing structures on the demised plot without obtaining the prior written approval of the Competent Authority.
Section 14 Penalty for construction or use of land and structure contrary to terms of lease
(1) Whoever undertakes or carries ouy construction of or alternations to any structures on the demised plot contrary to the terms of the lease deed shall, on conviction, be punished with fine which may extend to ten thousand rupees, and in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
(2) Any person who uses the demised plot and structures thereon contrary to the terms of the lease deed or in contravention of the provisions of any rules made in this behalf shall, on conviction, be punished with fine which may extend to five thousand rupees.
Section 15 Power to stop erection of structures
(1) Where the erection of any structure on the demised plot has been commenced, or is being carried on in contravention of the terms of the lease deed in relation to the demised plot, any officer of the Government empowered in this behalf may, in addition to any prosecution that may be instituted under this Act make an order requiring the said operations in relation to such erection to be discontinued on and from the date of the service of the order.
(2) Where such erection operations are not discontinued in pursuance of the order under sub-section (1), the Competent Authority may require any police officer not below the rank of a Sub-Inspector to remove the person by whom such operations are being carried on and all his assistants and workmen from such place within such time as may be specified in the requisition and such police officer shall comply with the requisition and shall watch the place so as to ensure that the erection of structures shall not be continued.
(3) Any person failing to comply with an order madeunder sub-section (1) shall, on conviction, be punished with fine which may extend to five hundred rupees for every day during which non-compliance continues after the service of the order.
(4) No compensation shall be payable for any damage or loss which a person may sustain in consequence of an order madeunder sub-section (1).
Section 16 Orders of demolition of structures
(1) Where the erection of any structure in the demised plot has been completed, or any existing building is altered, in contravention of the terms of the lease deed in relation to the demised plot, the Competent Authority may, in addition to any prosecution that may be instituted under the Act, make an order directing that such erection shall be demolished by the owner thereof within such period not exceeding fifteen days as may be specified in the order, and on the failure of the owner to comply with the order, the Competent Authority may himself cause the structure to be demolished and the expenses of such demolition shall be recoverable from the owner:
Provided that no such order shall be made unless the owner has been given a reasonable opportunity to show-cause why the order should not be made.
(2) Any person aggrieved by an order under sub-section (1) may appeal against that order within fifteen days from the date thereof to the Government. The Government may after giving an opportunity to the parties to the appeal make such order as they deem fit and the decision of the Government thereon shall be final.
Section 17 Savings
No suit, prosecution or other legal proceedings shall lie against the Government or the Competent Authority for any damage caused or is likely to be caused or any injury suffered or is likely to be suffered by virtue of the provision of this Act or by anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
Section 18 Bar of Jurisdiction
No decision made or order passed or proceeding taken by any Officer or Competent Authority or the Government under this Act, shall be called in question before a civil Court in any suit, application or other proceedings and no injunction shall be granted by any Court in respect of any proceeding taken, or about to be taken by such Officer or Competent Authority or Government in pursuance of any power conferred by or under this Act.
Section 19 Relief in case of hardship
(Omitted by Act 1 of 2000)
Section 20 Act to override other laws
The Provisions of this Act and the rules made thereunder shall have effect, notwithstanding anything inconsistent therewith in any other law for the time being in force, or any custom usage or agreement, or decree or order of a Court, tribunal or other authority.
Section 21 Power to make Rules
(1) The Government may, by notification make rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for,--
(a) guidelines and procedure to be followed where a lessee intends to surrender his lease-hold rights;
(b) guidelines to the Competent Authority for allotment of resumed plots or portions thereof;
(c) specifying the Authority Competent to enter into fresh lease and the procedure thereof;
(d) manner of demolition of unauthorised constructions on the demised plot and specifying authorities and procedure therefor;
(e) revision of rent, premium, quit rent from time to time and the collection thereof or any other amount due from any person in respect of the demised plot.
(3) Every rule made under this Act shall immediately after it is made be laid before the Legislative Assembly of the State if it is in Session and if it is not in Session, in the Session immediately following for a total period of fourteen days which may be comprised in one Session or in two successive Sessions, and if before the expiration of the Session in which it is so laid or the Session immediately following, the Legislative Assembly agrees in making any modification in the rule or in annulment of the rule, the rule shall form the date on which the modification or annulment is notified have effect only in such modified from or shall stand annulled, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 22 Power to remove difficulties
if any difficulty arises in giving effect to the provisions of this Act, the Government may, by order in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the purposes or provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty.
Section 23 Validation
Notwithstanding anything in any judgment, decree, or order of any Court or other authority,--
(a) no suit or other proceeding shall be maintained or continued in any Court or before any authority for the continuance of the lease, sub-lease or other arrangement or for the lessee, sub-lessee or person in occupation staying on the demised plot and all such proceedings shall abate; and
(b) no Court shall enforce any decree or order directing the continuance of the lease, sub-lease or other arrangement to be in occupation of the demised plot.
RULE:
AZAMABAD INDUSTRIAL AREA (TERMINATION AND REGULATION OF LEASES) RULES, 1992
In exercise of the powers conferred by Section 21 of the Azamabad Industrial Area (Termination and Regulation of Leases)Act, 1992, the Governor of Andhra Pradesh hereby makes the following Rules
Rule 1 Short title and commencement
These rules may be called the Azamabad Industrial Area (Termination and Regulation of Leases) Rules, 1992.
Rule 2 Definitions
In these rules unless the context otherwise requires,
(a) 'Act' means the Azamabad Industrial Area (Termination and Regulation of Leases) Act,1992.
(b) 'Application' , ' Form' or ' Notice' means an application, a form or notice appended to these rules;
(c) 'Premium' in relation to any demised plot of land or portion thereof means the levy of amount for development and maintenance of the infrastructure facilities of the area apart from collection of rentals;
(d) 'Rent' in relation to any demised plot of land or portion thereof means the consideration payable for the authorised occupation of the demised plot of land or portion thereof;and
(i) any charge for electricity,water or any other services in connection with the occupation of the demised plot of land or portion thereof;
(ii) any tax (by whatever name called) payable in respect of the demised plot of land or portion thereof where such charge or tax is payable.
(e) 'Section' means a section of the Act;
(2) The Competent Authority shall exercise the powers and performs the following duties:
(i) to enter into lease, order, collection of premium and rentals and credit the same to the relevant head of account of the Government.
(ii) to terminate the lease deeds for breach of any of the terms or conditions of lease deed or any provisions of the Act or if the demised plot of land or portion thereof is utilised for non industrial or unauthorised uses or residential purposes and collecting rentals or charges from other persons;
(iii) to order.
(a) entry upon the demised plot of land or portion thereof and make any inspection, survey, measurement, valuation or enquiry or taking levels of such land or structures;
(b) to examine and determine whether the demised plot of land or portion thereof is utilised for industrial purpose or whether there is any authorised portion of any plot or portion thereof without any industrial activity so as to accommodate another industry on such unutilised plot of land or portion thereof;
(c) to set out the boundaries of the unutilised portion of any demised plot of land or portion thereof and to do all other acts necessary for the purposes and for the efficient administration of the Act.
(d) to permit any person to be represented by an advocate or attorney or pleader or agent who should file an authorisation from the said person in writing;
(e) to record or cause to be recorded of the evidence tendered before him and the summary and any relevant documents filed before him shall form part of the records of the proceeding.
(iv) The Competent Authority shall have the powers to add or delete the persons and legal representatives of the deceased persons to the proceeding;
(v) The Competent Authority shall, for the purpose of eviction of any person who is not eligible for grant of fresh lease and who is continuing to occupy the demised plot of land or portion thereof without any authority, evict the person as per the procedure provided under the Act;
Rule 3
If the Competent Authority is satisfied that the person authorised to occupy any demised plot of land or portion thereof in the Azamabad Industrial Area, Hyderabad (hereinafter in these rules called the Industrial Area).
(i) has not paid rent lawfully due from him in respect of such demised plot of land or portion thereof for a period of more than sixty days, or
(ii) has sub let the whole or any part of such demised plot of land or portion thereof or if the demised plot of land or portion thereof is utilised for non industrial or unauthorised uses or residential purposes and collecting rentals or profits or charges from other persons;
(iii) has failed to utilise the demised plot of land or portion thereof or is not likely to utilise the unutilised portion of land for industrial purposes;
(iv) is in unauthorised occupation of any demised plot of land or protion thereof;
(v) at his own instance or at the instance of any other person undertakes or carries out constructions of or alterations to any structure or portion thereof in contravention of the terms or conditions on which such structure or portion thereof or the land on which it stands is held or granted under the Act or such structure or portion thereof is constructed or put up without permission and approval in writing from the Competent Authority as well as the Municipal Corporation of Hyderabad or in violation of the Rules under the relevant statutes;
(vi) committed or is committing such acts of waste as are likely to diminish materially the value or impair the utility of such demised plot of land or portion thereof.
(vii) otherwise acted in contravention of any provisions of the Act or any of the terms or conditions, express or implied, under which he is authorised to occupy such demised plot of land or portion thereof; the Competent Authority, shall, notwithstanding anything contained in any other law for the time being in force, issue in the manner hereinafter provided a notice in writing calling upon such persons to show cause why an order of eviction should not be made.
Rule 4 Application for fresh lease
(1) The person in occupation as on the appointed date may apply on his own option for a fresh lease to the Competent Authority in Form A appended to these rules;
(2) Grant of Lease :- Subject to the provisions of sub section (2) of Section 4 of the Act, the Competent Authority shall grant fresh lease to the person in occupation in Form B and in accordance with the terms and conditions of lease deed in Form G appended to these rules.
Rule 5 Manner of service of notice
The notice shall
(i) specify the grounds on which the order of eviction is proposed to be made; and
(ii) require such persons concerned, that is to say, all persons in occupation who are, or may be, in occupation of or claim interest in the demised plot of land or portion thereof, to show cause, if any, against the proposed order of eviction on or before such date as may be specified in the notice.
(iii) The Competent Authority shall cause the notice to be served on every such person under a certificate of posting or by registered post or by having it affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the demised plot of land or portion thereof or structure to which it relates and thereupon the notice shall be deemed to have been duly served on all the persons in occupation;
(iv) Every such notice given under the Act or any rule made thereunder shall be in writing over the signature of the Competent Authority or the officer authorised in this behalf by him and shall be widely made known in the locality to be affected, thereby affixing copies thereof on some conspicuous part of the demised plot of land or portion thereof or structure to which it relates within the said locality or by publishing the same by advertisement in a local newspaper.
(v) If a person in occupation of the demised plot makes an application in writing to the Competent Authority for extension of the period specified, the Competent Authority may extend the same for a further period not exceeding thirty days.
(vi) No order under sub section (1) of Section 5 shall be made against a person in occupation until after the issue of a notice in writing to the person in occupation calling upon him to show cause within the original period of thirty days or the extended period of thirty days, why such order of eviction should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Competent Authority.
Rule 6 Manner of Eviction
(i) If, after considering the cause, if any, shown by any person in occupation in pursuance of a notice under sub section (1) of Section 5 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard by himself or by advocate, attorney or pleader, the Competent Authority is satisfied that there is no justifiable cause to allow the person or persons in occupation to be in the demised plot, he may make an order of eviction, indicating reasons to be recorded therein, directing the demised plot of land or portion thereof shall be vacated on such date as may be specified in the order, by all persons who may be in occupation thereof or any part thereof and cause a copy of the order shall be served in the manner prescribed for serving notices;
(ii) Where an order is served rejecting grant of fresh lease under sub section (2) of Section 4 or otherwise, the person shall vacate and deliver vacant possession of the demised plot of land or portion thereof as required under sub section (1) of Section 5 of the Act to the Competent Authority or any other person authorised by him. If after the expiry of the period stipulated in the notice under Section 5, the person in occupation fails to comply with the requirements of the notice, the Competent Authority shall serve an order of eviction under sub section (1) of Section 6 of the Act in Form (D) calling upon the person in occupation to hand over the demised plot or portion thereof within the time specified therein, which shall not exceed thirty days;
(iii) If any person in occupation refuses or fails to comply with the notice within the original period of thirty days or within the extended period of thirty days granted under sub section (1) of Section 5, the Competent Authority or any other officer duly authorised by the Competent Authority in this behalf may evict that person in occupation and take possession of the demised plot of land or portion thereof and if the Competent Authority or the officer authorised by him is resisted in the exercise of such power or discharge of such duty, he may direct in writing any Police Officer not below the rank of a Sub Inspector of Police to render such assistance as may be necessary to enable the Competent Authority or the officer authorised by him to exercise such power or discharge such duty.
(IV) Where a person who has been ordered to vacate any demised plot of land or portion there of for the reasons specified in subsection (2) of section 4, the competent Authority is satisfied that refusal to grant fresh lease has resulted in hard ship to the person in occupation as he has been utilising the demised plot of land or portion thereof for industrial purpose and running an industry on the said land may ,without prejudice to the public interest ,allow such person to continue on the demised plot of land or portion thereof as a licensee for such a period on payment of such rent and subject to such conditions as may be specified .
Rule 7 Manner of auctioning the Articles or Property
(i) Where a building is forced open and an inventory of the articles is prepared under clause (a) of the proviso to sub section (3) of Section 6 of the Act in the presence of two or more witnesses ,the articles so taken possession of shall be kept in a separate room duly locked and sealed . A notice in Form(E) shall be given to the persons of the above auction;
(ii) Where any persons have been served with eviction orders or have been evicted from the demised plot of land or portion there of under Sections 5 ,and 6 of the Act , the Competent Authority or an officer authorised by him shall , after giving thirty days notice to the persons from whom possession of the demised plot of land or portion there of has been taken and after publishing the notice in Form (E)in atleast one news paper having circulation in the locality, dispose of by public auction the articles or any property remaining on such demised plot of land or portion thereof;
(iii) Where any property is sold under clause (b) of the proviso to subsection (3) of Section 6, the sale proceeds, after deducting the expenses of the sale and the amount, if any, due to the State Government or any other authority on account of arrears of rent or taxes, charges, damages or costs, and after crediting the same to the relevant account of the State Government, shall be paid by the Competent Authority to such person or persons as he deems entitled to the same.
Rule 8
Manner of Collection of Rent or Expenses or Damages or Mesne Profits :-
(i) Without prejudice to the provisions of Section 4 of the Act, where any person is in arrears of rent payable in respect of any demised plot of land or potion thereof, the Competent Authority may, by issuing a notice to him, require that person to pay the same within thirty days time;
(ii) If any person refuses or fails to pay the arrears of rent payable or the expenses payable under Section 6 or the penalty or damages or mesne profits payable under Section 7 of the Act, the Competent Authority shall issue a certificate for the amount due to the Collector and District Magistrate who shall proceed to recover the same as an arrear of land revenue.
(iii) Where any person against whom any proceeding for the determination of arrears of rent or for the assessment of expenses under Section 6 or penalty or damages or mesne profits is to be or has taken, dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken or continued against the heirs or legal representatives of that person by the Competent Authority.
Rule 9 Manner of Levying Penalty or Damages or Mesne Profits for Unauthorised Occupation
Where any person is, or has been in unauthorised occupation of any, demised plot of land or portion there of, the Competent Authority may,in addition to prosecution that may be instituted under the Act, by order require that person to pay the penalty or damages or mesne profits for each day of such unauthorised occupation as provided under Section 7 of the Act. The Competent Authority shall take into considertion the following principles in assessing the damages or mesne profits for unauthorised use and of the occupation of the demised plot together with any structure thereon., namely.
(a)The rent including any enhancement rate of rent that would have been reasonably realised if the demised plot or portion thereof had been leased out on rent for the period of unauthorised use of occupation;
(b) the prevailing rates of rents of similar industrial areas in the Hyderabad City:
(c) The nature, size and standard accommodation made available with amenities;
(d) Any unauthorised structures on the demised plot of land or portion thereof given on rent or let out to any person and collection or earning of income or profits or other charges from the occupiers of the said land;
(e) Any damage caused or done to the demised plot or portion thereof resulting in diminishing its utility and further value during the period of such unauthorised use or occupation;
(f) Any inconvenience caused to the general public and loss sustained by the Government on account of such unauthorised occupation.
Rule 10 Manner of Utilising unutilised Demised Plots or Portions thereof
(i) For the purpose of enabling the Competent Authority to determine whether there is any unutilised demised plot of land or any portion thereof in the Industrial Area and whether such portion is capable of sub division so as to make it useful for accommodating any other industry after sub division, the Competent Authority, after surveying and setting out the boundaries of the unutilised plot of land or portion thereof in the Industrial Area, resume such unutilised portion by issuing a notice. When such a notice is issued by the Competent Authority, the land shall vest absolutely from the date of such notice in the State Government free from all encumbrances;
(ii) If any person refuses or fails to comply with an order made above, the Competent Authority shall take possession of the land and for that purpose use such force as may be necessary under sub section (2) of Section 6 of the Act.
Rule 11 Compensation payable
(i) Where the amount of solatium is determined under Section 11 of the Act, the Government shall tender payment of the solatium through a cheque to the persons entitled thereto within thirty days from the date of taking possession of the demised plot, of land or portion thereof or from the date of disposal of articles or property remaining on such land through public auction as per Rule 7, as the case may be, after deducting the amounts due and payable to the Government as per rules;
(ii) If the persons entitled to solatium according to the decision of the Competent Authority do not consent to receive it or if there be no person competent to receive it or if there be any dispute as to the title to receive the solatium the Government, upon receipt of a report with details, shall deposit the amount of the solatium so determined in the Government Treasury;
(iii) Where any amount of solatium has been deposited in the Government Treasury, it may, on the application made by or on behalf of any person interested or claiming to be interested in such amount, order the same to be invested such Government or other securities approved by the State Government and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner to the parties interested therein.
Rule 12 Finality of Orders
Save as otherwise expressly providedin the Act, every decision made or order passed or proceeding taken by the Competent Authority or the Government under the Act shall be final and shall not be called in question before a civil court in any suit, application or other proceeding and no injunction shall be granted by any court in respect of any proceeding taken or about to be taken by the Competent Authority or the Government in pursuance of any power conferred by or under the Act.
APPENDIX A Application for grant of fresh lease under sub section (1) of Section 4 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992
FORM
FORM A
(Rule 4 (1)
Application for grant of fresh lease under sub section (1) of Section 4 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992.
To
The Competent Authority,
Sir,
Sub: The Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992 Calling for applications for fresh lease Regarding.
I furnish the following information and details and agree to enter into a fresh lease on the terms and conditions as may be specified:
1. Full Name of the Applicant:
2. Father s Husband s name:
3. Address with Telephone Nos:
(a) For correspondence :
(b) Permanent address :
4. Plot No. and bounded on North by:
South by:
West by:
East by:
5. Extent under occupation:
(a)Land in Sq.yds.or Sq.mts.
(b) Constructed structures in
Sq.Yds. or Sq.Mts.
(c) Description of constructed structures with measurements and with approved plans;
6. Date of occupation and the nature of agreement:
7.. Type of industry and the line of manufacturing activity being carried on and its brief description with constitution:
8. Type of industry and the line of manufacturing unit now proposed to be set up:
9. Brief description of industry and manufacturing unit and its constitution.
10. Any other particulars which the Applicant intended to furnish:
I hereby declare that to the best of my knowledge and belief that the information and details furnished above and its enclosures are full and complete and correct. I shall also undertake to produce conclusive proof regarding the above information and details furnished in respect of the plot of land or portion thereof on an order or in any proceedings and that the burden of proving the facts in support thereof is cast on me.
Signature of the Applicant.
Place:
Date:
APPENDIX B Government of Andhra Pradesh Industries Commerce Department
FORM
FORM B
(Rule 4 (2 )
Government of Andhra Pradesh Industries Commerce Department.
Letter No. Dt:
From:
The Authority Competent,
.......................
.......................
To:
Sub: The Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992. Grant of lease of Plot No. under sub section (2) of Section 4 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992 Regarding.
Ref: From
Application, Dated:
Please refer to your application cited.
I am directed to state that the Competent Authority has agreed to enter into a lease deed with you under sub section (2) of Section 4 of the Azamabad Industrial Area (Termination and Regulation of Leases)Act, 1992, on such terms and conditions agreed upon in furtherance of the objects of said Act and as specified in the Lease deed enclosed to this letter.
(2) The fresh lease deed covering the plot of land or portion thereof and its details is briefly set out below:
(a) Full Name of the Applicant:
(b) Father s Husband s Name :
(c) Address:
(i) For correspondence:
(ii)Permanent address:
(d) Plot No.and bounded on
North by:
South by:
West by :
East by :
(e) Extent of land with constructed structures allotted on lease:
(i) Land in Sq.Yds. or Sq.Mts:
(ii)Constructed structures in Sq.Yds. or Sq.Mts:
(iii) Description of constructed structures with measurements and with approved plans:
(f) Date of allotment on lease:
(g) Type of industry and the line of manufacturing activity and its brief description with constitution:
(3) I am to state that the above lease deed shall be registered at your cost and deliver the same to be kept in the custody of the Government.
Yours faithfully,
(Authority Competent)
APPENDIX C FORM
FORM
FORM C
[Rule 5 (ii)]
By registered Post Ack Due
Dated:
Notice No.
Notice under sub section (1) of Section 5 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act,1992 (Act No.15 of 1992)
The lease of the Scheduled demised plot of land or portion thereof or other arrangements made or entered into thereof stood terminated under sub section (1) of Section 3 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992 (Act No.15 of 1992)
Whereas the request made for grant of fresh lease of the demised plot of land or portion thereof described in the Schedule hereunder through the reference cited was examined carefully and the same is hereby rejected for the following reasons:
Now, therefor in exercise of the powers conferred by sub section (1) of Section 5 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992, I hereby direct that the above Schedule Plot No...... or portion thereof shall be vacated by Sri Smt. M s ...................... and all persons who may be in occupation of the said Scheduled demised plot or any part thereof within thirty sixty days from the date of receipt of this order duly getting the structure (s) existing thereon demolished. Failure to demolish the structure(s) within the above period, it shall vest in Government along with the structures and no compensation is payable thereof. If any person fails or refuses to comply with this order within the period specified above, the said Sri Smt. M s .................... and all other persons concerned are liable to be evicted from the Scheduled demised plot or any part thereof if need be by use of such force as may be necessary; and further they shall be liable for penalty under the Act and also liable for payment of damages mesne profits at Rs. ............ per Sq. mtr. per day from the date of expiry of the period specified above till the date of delivery resumption of possession of the demised plot.
SCHEDULE
Name of thePerson and Industry Plot No.orPortion ofPlot No. BoundariesPlot No.orPortion ofPlot No. Total Extent underoccupation withstructures.
Signature and Seal of the Competent Authority.
Date:
To :
Copy to .
to affix copies of Notice on conspicuous part of the Plot No.
or portion thereof or structure to which it relates within the said locality or by publishing the same by advertisement in a local newspaper.
APPENDIX D Order for Eviction from the Demised Plot or Portion thereof under sub section (1) of Section 6 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992
FORM
FORM D
(Rule 6)
By Registered Post Ack.Due.
Order for Eviction from the Demised Plot or Portion thereof under sub section (1) of Section 6 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act,1992.
ORDER No.
Dated:
Sub:
Ref:
The lease of the demised Schedule plot of land or portion thereof or other arrangements made or entered into thereof stood terminated with effect from 11th July, 1992 under sub section (1) of Section 3 of the Azamabad Industrial Area (Termination Regulation of Leases) Act, 1992 (Act No.15 of 1992). Pursuantly you were called upon through the Notice cited to vacate and hand over the schedule plot, but you have failed to vacate the plot within the period specified in the notice.
Now, therefore in exercise of the powers conferred by sub section (1) of Section 6 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992, I hereby direct your eviction from the schedule premises within ............... days from the date of receipt of this notice and direct you to hand over the premises to
and report on or before
failing which action will be initiated against you under sub section (2) of Section 6 of the Act and you shall be liable for all costs and consequences thereof.
SCHEDULE
Name of the Person and Industry Plot No. or Portion of Plot No. Boundaries Plot No. or Portion of Plot No. Total Extent under occupation with structures.
--------------------------------------------------------------------------------
Signature and Seal of the Competent Authority.
Date:
To :
Copy to
to affix copies of Notice on conspicuous part of the Plot No.
or portion thereof or structure to which it relates within the said locality or
by publishing the same by advertisement in a local newspaper.
APPENDIX E Notice under Section 6 (3) for Disposal of Articles by Public Auction
FORM E
(Rule 7)
By Registered Post Ack.Due
Notice under Section 6 (3) for Disposal of Articles by Public Auction.
Sub:
Ref:
(1)
(2)
Since you have failed to vacate the schedule demised plot of land or portion thereof by as ordered in the notice second cited and the premises was found locked, action under sub section (3) of Section 6 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992 was taken and the lock of the door was broken open and all the articles found in the premises are listed as under and kept under lock and key.
(2) An amount of Rs (Rupees only)is payable to you towards solatium in respect of the schedule demised plot of land or portion thereof under Section 11 (1) of the Act. After adjusting the same you are liable to pay to Government the amount (s) as under:
THE SCHEDULE
(3) I hereby give notice to you to arrange for payment of amount of Rs. (Rupees only) within thirty days from the date of receipt of this Notice towards dues as on as shown below, failing which the articles will be disposed of by public auction for realisation of the dues:-
(i) List of the Articles:
(ii) Details of Dues:
Signature & Seal of the Competent Authority.
Date:
To
(1)
(2) The Editor,
Hyderabad with a request to publish the notice in the columns of your News Paper onand send four copies of publication to this Office along with the Bill of charges for arranging payment.
cc
to affix copies of Notice on conspicuous part of the Plot No. or portion thereof or structure to which it relates within the said locality in the presence of mediators.
APPENDIX F FORM
FORM
FORM F
(Rule 3)
By Registered Post Ack Due
Notice under sub section (1) of Section 15 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act,1992, to stay Erection of Structure(s)
Sub:
The lease of the demised schedule plot of land or portion thereof or other arrangements made or entered into thereof stood terminated with effect from 11th July, 1992 under Section 3 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992 (Act No.15 of 1992).
(2) It has been noticed that you have commenced erection of structure and carrying on alterations additions to the existing structures on the demised schedule plot of land or portion thereof without obtaining prior written application of the Competent Authority under Section 13 of the Act. You are therefore liable for prosecution and penalty under Section 14 of the Act for construction and use of the premises contrary to the terms of lease originally stipulated.
(3) Now, therefore in exercise of the powers conferred by Section 15 (1) of the Act, I hereby direct you to discontinue the on going operations in relation to such illegal erection of structure (s) with immediate effect from the date of service of the order.
(4) In case of failure to comply with the order of this notice, further action for demolition of such illegal structure (s) will be initiated apart from launching proceedings for your prosecution.
THE SCHEDULE
Signature & Seal of the Competent Authority.
Date:
To
Copy communicated to
to affix copies of Notice on conspicuous part of the Plot No.
or portion thereof or structure to which it relates within the said locality in the presence of mediators.
APPENDIX G FORM
FORM G
[Rule 4 (2)]
Format of Lease Deed for Execution under sub section (2) of Section 4 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act,1992.
This indenture made this .day of One Thousand Nine Hundred and Ninety Three BETWEEN the Governor of Andhra Pradesh represented by the competent Authority, viz, the Commissioner of Industries, Andhra Pradesh, Hyderabad (hereinafter called the Lessor which expression shall, unless excluded by or repugnant to the context, be deemed to include his successors in office or representatives)of the one part;
AND
(hereinafter called the Lessee which expression shall unless excluded by or repugnant to the context be deemed to include the successors, heirs, executors, administrators, permitted assignees and other representatives) of the other part;
Whereas the Government of Andhra Pradesh is the sole owner of the piece of land, measuring .bearing Plot No.
situated in the Azamabad Industrial Area at Mushirabad, Hyderabad, hereinafter more fully described in the Schedule to this Lease Deed;
And Whereas the said plot of land is free from all encumbrances and the Lessor is entitled to grant a lease thereof for the term hereinafter mentioned;
And Whereas ...
has applied to the Lessor to grant him them lease (hereinafter mentioned of the plot of land, measuring bearing Plot No. . situated in the Azamabad Industrial Area at Mushirabad, Hyderabad, and the Lessor has agreed with the Lessee to enter into Lease Deed under sub section (2) of Section 4 of the Azamabad Industrial Area (Termination and Regulation of Leases) Act,1992 upon the terms and conditions hereinafter set forth for the period of years of the said piece of land for the purpose of establishing an industry for manufacturing.......
And whereas the Lessee has paid to the Lessor a sum of Rs. .as a premium for the lease of the said piece of land and has paid a further sum of Rs. . being the monthly rent for the said plot of land for a period from to
And Whereas the Lessee do hereby convenant and agree with the Lessor in the following manner:
The said plot of land shall within thirty days from .. ... day of execution of this Lease Deed or within such extended period as may be granted in writing to the Lessee by the Lessor, be fenced in by the Lessee at his own cost with such description of wall or other fence as shall be approved by the Lessor and thereafter the said piece of land shall be kept enclosed and provided with all requisite hoarding, lighting and watching to the satisfaction of the Lessor;
Within thirty days from .. .. day of execution of this Lease Deed or within such extended period as may be granted in writing to the Lessee by the Lessor, the Lessee at his own expense provide all requisite and proper walls, fences, sewers, drains and other conveniences thereto of such description and designs respectively by obtaining prior written approval of the Lessor as well as the Municipal Corporation of Hyderabad and such structure or portion thereof shall be constructed in all respects with such plans and specifications in accordance with prior written approval by the Lessor as well as the Municipal Corporation of Hyderabad and the other concerned Authorities. The Lessee shall produce a certificate which must be dated and signed by the Lessor as well as the Municipal Corporation of Hyderabad and the concerned Authorities that the structure or portion thereof has been built conforming to and complying with the stipulations herein contained have been fulfilled as regards the erection of structure or portion thereof provided the Lessee shall have been duly observing the other terms and conditions and covenants in this Lease Deed;
The plans, sections, elevations and specifications for the construction of the structure or portion thereof to be erected upon the said piece of land and any additions or alterations to existing structure or portion thereof shall indicate in figures, lengths, breadths and thicknesses of walls, floors and state the description of material to be used and such plans, sections, elevations and specifications shall be submitted to the Lessor as well as the Municipal Corporation of Hyderabad and the concerned Authorities, in triplicate, and shall be approved by the Lessor and the said Municipal Corporation before the work of construction of the structure or portion thereof or existing structure is commenced. The said Lessee shall not make any alterations in or additions or conveniences to the structure or portion thereof or to existing structure so approved aforesaid either external or internal so as to affect any structural features thereof appearing in the approved plans unless such alterations and additions shall have been previously in like manner approved.The Lessee shall obtain the consent in writing of the Lessor for every construction, addition, alteration and convenience which consent may either be withheld or may be given by the Lessor on such terms including the payment of enhanced rent or of a fine or premium by the Lessee as the Lessor shall in his discretion think fit;
Provided that plans, sections, elevations and specifications for the erection of any additional structure and conveniences or for any intended alterations thereto which shall indicate in figures the lengths, breadths and thickness of walls, floors and scantlings of timber and state the description of the materials to be used shall be submitted to the Lessor as well as the Municipal Corporation of Hyderabad and the other concerned Authorities, in triplicate, before any such addition or alteration is commenced. A copy of every such plan and specification shall be strictly adhered to, provided that in making any such additions or alterations as aforesaid, all directions as may be given by the Lessor or his authorised officer shall be promptly complied with. In case any additions or alterations or conveniences to the said structure or portion thereof are not being constructed complying with the approval or directions of the Lessor or his authorised officer, the Lessee, upon receiving notice, shall thereupon rectify the works or such portion thereof as may be necessary in accordance with such notice. All notices, consents and approvals to be given under this lease shall be in writing and shall be signed by the Lessor or his authorised officer.
All materials used in the said structure or portion thereof shall be deemed to be the property of the Lessor after they have been once brought on the said land and all drains and sewers for the said plot of land shall be constructed, made and laid and connected by the lessee at his own cost to the satisfaction of the Lessor and the Municipal Corporation of Hyderabad and the other concerned Authorities in such position as shall be directed by the Lessor or as may be required by the said Municipal Corporation. The said Lessee shall also comply with all the provisions of the Factories Act, 1948, Air, Water and Environmental Pollution (Control and Prevention) Acts to the satisfaction of the concerned Authorities. The Lessee, to the satisfaction of the Lessor, the Municipal Corporation of Hyderabad, the Chief Inspector of Factories and other Authorities under the Air, Water and Environmental Pollution (Control and Prevention) Acts shall dispose of, at his own cost, such of the industry factory refuse as may not be allowed to be drained into the public drains. The Lessee shall also at his own expenses maintain and keep in repair the drains, sewers and gutters leading from the said plot of land or structure or portion thereof in accordance with the law relating to factories in force in the State of Andhra Pradesh and the Law in force relating to the Municipal Corporation, Hyderabad City, without requiring any notice in that behalf from the Lessor or his authorised officer.
All Rules, Regulations and Bye Laws of the Lessor and of the Municipal Corporation of Hyderabad and the Factories Act relating to the structures and health and sanitation which may be in force from time to time shall be conformed to by the Lessee and the Lessee shall not permit any labourers or workmen employed by him or other persons to live upon the said piece of land;
The Lessee shall pay all charges for the consumption of filtered and unfiltered water according to such rates as may from time to time to be fixed by the Andhra Pradesh Government and shall also pay charges for taking the supply of water from the mains and shall also abide by all the Rules and Regulations and Bye laws of the Hyderabad Metropolitan Water Supply and Sewerage Board which may be in force from time to time provided always and it is hereby expressed that the Lessor or the Hyderabad Metropolitan Water Supply and Sewerage Board shall not be bound to supply any particular quantity of water or at all; it being understood that in case of scarcity, the ordinary supply of water might be reduced or even completely stopped, the Lessor or the Hyderabad Metropolitan Water Supply and Sewerage Board giving such notice or reduction or stoppage of water as under the circumstances may be reasonable.
The Lessee shall at his own cost arrange for taking the necessary connection for the supply of electrical energy from the electricity mains. The Lessee shall pay all charges for the consumption of electrical energy regularly and shall abide by all Rules, Regulations and Bye laws of the Andhra Pradesh State Electricity Board, Hyderabad, in force from time to time.
The Lessee shall not directly or indirectly assign, transfer or otherwise part with any interest in the demised plot of land or portion thereof, the subject hereof, or in the structures or materials for the time being thereon or create any sub interest therein nor sub let the whole or any part of such demised plot of land or portion thereof;
The Lessee shall not directly or indirectly utilise the whole or any part of such demised plot for non industrial use or unauthorised use or residential purpose and collect rentals or profits or goodwill or charges from any other person;
During the period of demise, the said Lessee shall utilise the demised plot for the purposes expressly stated in this Lease Deed, subject to the terms and conditions including convents and also shall not permit the said demised plot or portion thereof to be used by any other person nor any act be done or caused or suffered to be done on the said plot of land or any portion thereof or in the said structure or portion thereof which in the judgment of the Lessor is likely to be or become a nuisance or a disparagement annoyance or inconvenience to the Lessor or to the Lessees or Tenants of any other property in the said neighbourhood;
The Lessee shall not directly or indirectly induct outside persons into the demised plot of land or any portion thereof for any purpose whatsoever. The Lessee agrees with the Lessor that he will not sub lease or sub let or assign the demised plot of land or any portion thereof during the demise.
The Lessee agrees with the Lessor that he shall not enter into partnership agreement or deed or any other arrangement and induct any person into the demised plot of land or portion thereof under such partnership agreement or deed or arrangement for carrying on any activity whatsoever. Every partnership agreement or deed or agreement together with complete details shall be submitted invariably to the Lessor for scrutiny and approval. The approval or consent to such agreement or deed or arrangement may either be withheld or may be given by the Lessor to the Lessee on such terms and conditions as the Lessor in his discretion think fit.
It is hereby agreed,(1) that the Lessee during this demise shall not mortgage the said plot of land or portion thereof and the lease hold right of the said land to the banks or any other financial institutions without the prior approval in writing of the Lessor;
(2) that whenever any part of the rent hereby reserved shall be in arrear for the period of 30 (thirty) days whether the same shall have been legally or formally demanded or not and also if and whenever there shall be a breach of any of the covenants and conditions by the Lessee within contained, the Lessor shall re enter upon the said plot of land or portion thereof and immediately thereupon this demise and all rights of the said Lessee hereunder shall absolutely determine;
(3) that the Lessee will start the Industry for which the said plot of land or portion thereof has been leased, viz., ... ...
within thirty days from the execution of this lease deed and any default on the part of the Lessee in this respect will entitle the Lessor to determine the lease and re enter upon the land and take possession of the structures standing thereon.
The Lessee doth further convenant with the Lessor that he agrees to pay the enhanced premium and enhanced monthly rents as and when such enhancement of premium and monthly rent in respect of his plot of land or plots of land in the Azamabad Industrial Area, Azamabad, Hyderabad, is ordered by the Government.
It is hereby agreed and declared by and between the said parties that the said Lessee shall be at liberty during the last three months of the term hereby granted provided he shall have observed and performed all the covenants and conditions herein contained and on the part of the Lessee to be observed and performed to remove at his own expense in all respects the structure erected by him upon the demised piece of land or portion thereof on the express condition which is hereby agreed to on the part of the said Lessee that such removal is completed and the ground cleared, levelled and restored to a good state and condition to the satisfaction of the Lessor or his authorised officer before the expiration of the term hereby granted.
The Lessee may make an application for the renewal of lease to the Competent Authority within sixty days before the expiry of the lease period and the Competent Authority shall consider the application of the lessee for renewal and accordingly renew the lease for a period not exceeding the original lease period or refuse to renew the same for reasons to be recorded in writing.
The Lease Deed shall be registered with the .. .. ... ... and all other costs and expenses incidental to this Lease Deed and also to the registration of this Lease Deed shall be paid by the Lessee;
All notices and approvals to be given under this Lease Deed shall be in writing and shall be signed by the Lessor or by the Officer authorised by him, as the case may be, and all such notices shall be deemed as duly served upon the said Lessee and on all the persons in occupation if the same shall have been affixed on some conspicuous part of the last known place or residence or business of the Lessee or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the demised plot of land or portion thereof or structure to which it relates;
NOW THIS INDENTURE WITNESSETH that in pursuance of this Lease Deed, a sum of Rs. (Rupees: )paid by the Lessee to the Lessor on as a premium and has also paid a further sum of Rs. being the monthly rent for the plot of land for a period from .................................. to ..................................... and in consideration of the rents and covenants hereinafter reserved and of the covenants and terms and conditions o n the part of the Lessee hereinafter contained, the Lessor doth hereby demise unto the Lessee all that piece of or portion thereof, bearing Plot No.
situated in the Azamabd Industrial Area, Azamabad, Hyderabad, more particularly described in the Schedule hereunder written together with structures erected and built thereon, for a term of years, commencing from
The Lessee hereinafter shall be paying monthly rental of Rs. (Rupees ) clear of all deductions on or before the day of each succeeding month for the said plot of land or portion thereof, bearing Plot No. ......... during the said term. THE LESSEE DOTH HEREBY FURTHER COVENANT with the Lessor that he shall during the said term pay at the office of the Lessor the monthly rent here before reserved upon the days and in manner aforesaid and shall also pay all rates,
taxes, charges, assessments and outgoings now payable or hereafter to become payable in respect of the said plot of land or portion thereof, bearing Plot No. and any structures for the time being standing on the said piece of land or any part thereof. It is further agreed that in case of any default of the aforesaid payments, it shall be deemed as breach of covenants and conditions on the part of the Lessee entitling the Lessor to determine the lease and make re entry upon the said demised plot or portion thereof forthwith and thereupon it shall be lawful for the Lessor to recover such amounts as due and payable by the Lessee as an arrear of land revenue under the Revenue Recovery Act. The Lessee shall also be paying unto the Lessor in the event of and immediately upon the said term being determined by re entry under the proviso herein contained a proportionate part of the said rent for the fraction of the current month upto the day of such re entry.
The Lessee will permit the Lessor or his authorised Officers and all workmen and others employed by him or them or the Chief Inspector of Factories at any time during the term hereby granted on the day twenty four hours of previous notice to enter into and upon the said demised plot of land or portion thereof and the structure (s) or portion thereon to make inspection, survey,. measurements, valuation or enquiry or taking levels of such land or structure (s) or portion and also to examine and determine whether the demised plot or portion thereof is used for the purpose expressly stated in this Lease Deed and whether there is any unutilised portion of any plot or portion thereof without any industrial activity so as to accommodate any other industry on such unutilised plot of land or portion thereof. During such inspection of the Lessor or his authorised officers and all workmen and others employed by him or them or the Chief Inspector of Factories at any time, the demised plot of land or portion thereof or structure (s) or portion shall be open at all times.
THE LESSEE DOTH HEREBY COVENANT with the Lessor that the Lessee will not any time during the continuance of this demise, affix or display or permit to be fixed or displayed on the said demised plot or any part thereof or on the roof or external walls of any structure or erection for the time being thereon any sign boards, sky signs or advertisements painted or otherwise or any permanent or temporary attachment to any such roof or external wall of the like character without obtaining the prior consent in writing of the Lessor. THE LESSEE DOTH HEREBY FURTHER COVENANT with the land Lessor that the Lessee will throughout the said term keep all and every structure erected or which may be erected on the said plot of land insured in the joint names of the Lessor and of the Lessee to the full insurable value thereof against loss or damage by fire in the insurance office to be approved by the Lessor and will produce the premium of such insurance to the Lessor as and when required by the Lessor or his authorised officer. In case of destruction of structure(s) or portion by fire and if the amount received by virtue of any such insurance in rebuilding or repairing the said plot of land or portion thereof is insufficient for this purpose, the Lessee will at his own cost rebuild or reinstate the said structure or portion thereof and whenever during the said term the said structure or any part thereof is destroyed or damaged whether by fire or storm or hurricane or otherwise, the Lessee will reinstate the same under the direction and approval of the Lessor and will continue to pay the rent hereby reserved as if no such destruction or damage by fire or storm or hurricane or otherwise has happened.
THE LESSEE DOTH FURTHER COVENANT with the Lessor that any default on the part of the Lessee in these respects will entitle the Lessor to determine the lease and re enter upon the land and take possession of the structure(s) or portion thereof standing thereon and the Lessee or the unauthorised person in occupation of the said plot of land or portion thereof shall not be entitled to any compensation towards amounts spent by them either on improving the said plot of land or portion thereof or on structures or portion thereof etc., in case of determination of the Lease.
THE LESSEE ALSO DOTH FURTHER COVENANT with the Lessor that in case he commits any breach or makes default in the performance of all or any one or more of the terms and conditions and covenants on his part herein contained it shall be lawful for the Lessor or his authorised officer deputed by him in that behalf to enter into and resume possession of the said plot of land or any portion thereof and all such structures, erections and materials as may then be found upon the said plot of land or portion thereof for the absolute use of the Lessor and thereupon this Lease shall be void and all sums paid to or deposited with the Lessor as aforesaid shall be forfeited to the Lessor and shall belong to him absolutely but without prejudice to all other legal rights and remedies of the Lessor against the said Lessee.
THE LESSEE DOTH FURTHER COVENANT with the Lessor that he will adhere to the provisions contained in the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992 (Act No.15 of 1992) and the Rules made thereunder and any default on the part of the Lessee in these respects will entitle the Lessor to determine the lease and re enter upon the said land and take possession of the structure(s) standing thereon and thereupon, the Lessee or any other person shall not be entitled to any compensation.
THE LESSEE DOTH FURTHER COVENANT with the Lessor that in case of determination of the term of the lease period by the Lessor for breach or making default in the performance of all or any one or more of the covenants and terms and conditions contained in this Lease Deed, the Lessee shall quietly deliver unto the Lessor the said piece of land or portion thereof together with all structures or portions thereof and erections which shall have been built thereon during the said term in such good and substantial repair and condition and no claim whatever by way of compensation shall be made in respect of any such matters.
IN WITNESS WHEREOF the Lessor and the Lessee have hereunto set their hands and seals, the day and year first above written.
The Schedule above referred to All that piece acres or thereabouts in
of land containing by admeasurement the Industrial Area, Azamabad
bearing Plot No. and bounded on the
North by:
South by:
West by :
East by :
Signed and delivered by the Lessor represented by the Competent Authority,viz., the Commissioner of Industries, Chirag Ali Lane, Hyderabad, in the presence of:
1.
2.
Signed and delivered by the Lessee in the presence of:
1. 1.
2. 2. |
