Section 3 in New Bombay Disposal Land Regulations, 1975
3. Conditions of Lease.
- The Corporation may from time to time dispose plots of land only on lease on the following among other conditions.(i)Term of Lease. - The lease shall be granted in consideration of premium rent or both premium and rent for a term not exceeding 60 years:Provided that in special circumstances the term of the lease may be extent beyond 60 years but not beyond 99 years for reasons to be recorded in writing.(ii)Payment of rents, taxes and other charges. - The lessee shall during continuance of the lease pay all rates, and other charges due ; becoming due in respect of the demised land by the Corporation ties thereof.(iii)Payment of land revenue. - The lessee shall during the continuance of lease pay the land revenue and cesses assessed or which may be assessed the demised land.(iv)Recovery of premium or rent as land revenue. - Whenever any part or premium or rent or service charges or any other sum due to the Corporation under the lease shall be in arrears, it may be recovered as arrears of the revenue under the provisions of para. 6 of the Schedule of the Maharashtra Regional and Town Planing Act, 1966 or any modification thereof.(v)User of land. - Every lease shall specify user of the demised land which shall be applied only to the specified user and to no other user.(vi)To build according to the building regulations or municipal regulations or development control rules in force from time to time.- The lessee shall not at any time during the lease erect any building, erection or structure on any portion of the demised land except in accordance with the building regulations or development control rules framed by the Corporation from time to time or the municipal regulations or any other regulations in force from time to time.(vii)Restrictions against Assignment. - The Lessee shall not sell, assign, mortgage, underlet or otherwise transfer wholly or partly the demised land or his interest therein or part wholly or partly with the possession of the demised land or permit any person to use wholly or partly the demised land (hereinafter referred to as "transfer of the demised land") PROVIDED THAT nothing contained herein shall apply if the Lessee shall perform to the satisfaction of the Corporation the following conditions :-(A)Before transferring the demised land, the Lessee shall pay to the Corporation one half of the difference between the declared premium and the premium paid by the Lessee to the Corporation, for obtaining the lease of the demised land, subject to a minimum of Rs. 1,000/-(B)In the instrument by which the Lessee shall transfer the demised land the Lessee shall impose upon the person to whom the demised land is so transferred to perform and observe to the Corporation all the conditions and covenants of the lease granted to him, the Lessee.*Explanation. - (i) The declared premium shall mean the premium calculated at such rate or rates as may be determined by the Corporation in the months of January and July each year in respect of lands/buildings with reference to the areas in which such lands/buildings are situated and displayed in the office of the Corporation." (Substituted vide notification published in Maharashtra Govt. Gazette in Part 4 (C) on 29th May 1980 under No. LQN-4279/ADM)*Explanation. - (ii) Nothing contained herein shall apply to mortgage of the demised land or any part thereof, to the Central Government, a State Government, Nationalised Bank, the Life Insurance Corporation of India, the Maharashtra State Finance Corporation, the Housing Development Finance Corporation Ltd. or an employer of the Lessee or any other financial institution as may be approved by the Board of Directors of the Corporation from time to time." (Added vide notification published in Maharashtra Govt. Gazette in Part (c) 4-c 5th November 1981 under No. LQN-428/1722/ADM)*Explanation. - (iii) 'Transfer of the demised land' shall, where the land with or without a building erected thereon or to be erected thereon is leased to or demised unto or agreed to be leased or demised into a Company registered under the Companies Act, 1956 (I of 1956) or a Co-operative Housing Society registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. Act No. XXIV of 1961) or any law for the time being in force for the registration of a corporate body for the purpose of providing accommodation to its share-holders or member include the transfer of a share or shares by its share-holder or member or an agreement or act or omission whatsoever of such share-holder or member which has the effect of transferring or enabling the enjoyment of such land or building of a part thereof. In the case of such transfer, the lessee being a Company as the case may be a Society shall pay one-half of the difference of the declared premium and the premium paid by the lessee as is allocable to the land or building or part thereof so transferred or agreed to be transferred by a share-holder or member and such allocation shall be with reference to the proportion which the Floor Space Index (as defined in the General Development Control Regulations consisting the Development Plan for New Bombay for the time being in force) of the land of building permitted by the Corporation shall bear to such Floor Space Index of the land or building or part thereof so transferred or agreed to be transferred." (Added as explanation (iii) vide Notification No. CIDCO/Secy & Law/2202(40)/6 (G ADM dated 8/2/90 published in Mah. Govt. Gazette in part IV-C).(viii)Delivery of possession, determination of lease. - The lessee shall on determination of the lease for any reason deliver possession of demised land to the Corporation in as good condition as it was in when he obtained possession subject only to change caused by reasonable wear and tear or irresistible force.(ix)Summary eviction of persons unauthorisedly occupying the lands on determination of lease.- If on determination of the lease, any person is unauthorisedly occupying or wrongfully in possession of land, if shall be lawful for the Managing Director to secure summary eviction of such a person in the manner provided by Maharashtra Land Revenue 1966 (Maharashtra Act 41 of 1966).(x)Payment of cost of lease deeds. - The lessee shall pay all costs and expenses incidental to preparation, execution and registration of all deeds or instructments of lease, (Substituted as per notification published in the Maharashtra Govt. Gazette in Part 4-C on 29th May, 1980 under No. LQN 4279/1932/ADM.)(xi)Notice and demands. - Any demand for payment or notice requiring to be made upon or given to the lessee shall be sufficiently made or given if sent by the Corporation through the post by the registered letter addressed to the lessee at the demised land and any demand or notice sent by the post shall be deemed to have been delivered in the course of post.(xii)Preference in employment of labour. - (a) In employing skilled and unskilled labour the lessee shall give preference to the persons whose lands have been acquired provided satisfy the prescribed qualifications.(b)The lessee shall furnish to the Managing Director on or before the 10th day of every calendar month a return showing the particulars of skilled and unskilled employees employed by him during the preceding calendar month. The return shall be in such a form as may be determined by the Managing Director from time to time.(xiii)Forfeiture of lease and power of re-entry. - In case (a) the lessee farts or neglects to pay the premium or rent or commits a breach of any of these regulations or any of the conditions of the lease (b) the lessee renounces his character as such by setting a title in a third person or by claiming title in himself or (c) the lessee is adjudicated an insolvent, the Corporation shall be entitled to re-enter upon the demised land and determined the lease.(xiv)Display of sign board, neon sign, or other advertisement.- The lessee should not during the continuance of the lease affix or display or permit to be affixed or displayed on the demised land any sign-board, sky sign, neon sign or other advertisement painted, illuminated or otherwise without the previous consent in writing of the Managing Director provided that no such consent shall be required in respect of sign-board or advertisement of a reasonable size relating to the specified user.(xv)Payment of service cost. - (a) The lessee shall make to the Corporation a yearly payment at such rate as the Corporation may determine from time to time as his contribution to the cost of establishing and maintaining civic amenities such as roads, water, drainage, conservancy, for the demised land regardless of the extent of benefit derived by him for such amenities; provided that no payment shall be due to be made one year after such civic amenities have been transferred to a Local Authority constituted under any law for the time being in force, provided further that if the period to be calculated for such payment is less than years, the payment shall be made on pro-rata basis.(b)The payment shall be paid on the first day of April in each year or within 30 days therefrom.
