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State of Punjab - Section

Section 22 in Chandigarh (Sale of Sites and Buildings) Rules, 1960

22. It is hereby agreed and declared that unless a different meaning shall appear from the context -

(a)the expressions "Chief Administrator" and "Estate Officer" shall mean the Officers so appointed by the Central Government under the provisions of the Capital of Punjab (Development and Regulation) Act, 1952;(b)the expression "Owner" used in these presents shall include in addition to the President of India the Central Government and in relation to any matter or anything contained in or arising out of these presents every person duly authorised to act or to represent the Central Government in respect of such matter or thing;(c)the expression "hirer" used in these presents shall include in addition to the said __________his lawful heirs (permitted), successors, representatives, assignees, transferees, lessees, and any person or persons in occupation of the said site/building with the permission of the Estate Officer.In witness whereof the parties have hereto respectively subscribed their names at the places and on the dates hereinafter in each specification.Signed by the said(Hirer)Dated _____________on the __________day of ______________19 .In the presence of :-Witnesses :-NameResidenceOccupation_______________(Signature)NameResidenceOccupation____________(Signature)Signed by for and on behalf of the President of India and setting under the authority of the __________day of ______________19 ._______________________________(Deputy Commissioner-cum-Estate Officer)In the presence of :-Witnesses :-NameResidenceOccupation______________(Signature)NameResidenceOccupation______________(Signature)Schedule
Sector Size of site in Marlas or description of Building No. of site or building
     
[Form B] [Form B, substituted vide Chandigarh Administration Notification No. UT. 3584-F2-69/8092, dated the 1st July, 1969.](See Rule 8)Deed of Conveyance of building site sold by AuctionDeed of conveyance of a Site _________sold by auction to be used as a site for Residential/Commercial/Industrial/Religious/Cultural/Educational purpose in Chandigarh.This indenture made on the ___________day of ________19 , between the President of India (hereinafter called the Vendor) of the one part, and ________son of ____________ in the district of ________________ (hereinafter called the transferee) of the Other part.Whereas the site hereinafter described and intended to be hereby conveyed was owned by the Vendor in full proprietary rights;And whereas the Central Government has sanctioned the sale of the site to the transferee in consideration of the sum of Rs. ______(Rupees __________) for the purpose of building ________________ (state here house, shop, factory, temple, sarai, school, etc., as the case may be) and using the same exclusively for ___________________(state here residence, trade, industry, workshop, institution, etc.as the case may be);And whereas the transferee has paid/agreed to pay the sum of Rs. _____(Rupees _______) being the purchase money, subject to variation by mutual agreement.Now, therefore, this indenture witnesseth that for the purpose of carrying into effect the said sale and in consideration of the covenants of the transferee hereunder contained and of the said sum of Rs. ______ (Rupees ____________) paid by the transferee [(A) as earnest money (the receipt of which the Vendor hereby acknowledges)] [Omit A to B if full price paid.] and the undertaking of the transferee to pay the balance with 6 per cent per annum interest calculated from the date of auction in three equated yearly instalments, the first instalment being payable on the 10th day of _________ 19 , (B) the Vendor hereby grants and conveys unto the transferee all that piece or parcel of site No. __________ Street/Shoping Centre _____________Sector _______________, area in square yard ___________and more particularly described in the plans filed in the office of the Estate Officer signed by the Estate Officer aforesaid and dated the ___________ day of ________ 19___,(hereinafter called the said site);To have and to hold the same unto and to the use of the transferee subject to the exceptions, reservations, conditions and covenants hereinafter contained and each of them, that is to say:-
(1)
(a)The transferee shall enjoy the right of possession and enjoyment so long as he [(A) continues paying his instalments on the due dates or such extended time] [Omit A to B if full price paid.], as the Estate Officer may allow in writing and otherwise (B) abides by the terms and conditions of sale.
(A)[ (1) (b) The vendor shall have a first and paramount charge over the said site for the unpaid portion of the purchase price, and save with the sanction of the Estate Officer, the transferee shall have no right to transfer by way of sale, gift, mortgage or otherwise the site or any right, title or interest therein (except by way of lease on a monthly basis) till such time as the full purchase price is paid to the vendor (B).] [Omit A to B if full price paid.]
(2)The Vendor reserves to himself all mines and minerals whatsoever in or under the said site with all such rights and powers as may be necessary or expedient for the purpose of searching for, workings, obtaining, removing and enjoying the same at all such time and in such manner as the Vendor shall think fit, with power to carry out any surface or any part underground working and to let down the surface of all or any part of the said site and to sink pits, erect building, construct lines and generally appropriate and use the surface of the said site for the purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exception and reservation hereinafter contained :Provided that the transferee shall be entitled to receive from the Vendor such payment for the occupation by him of the surface and for the damage done to the surface or to the buildings on the said site by such works or workings or letting down as may be agreed upon between the Vendor and the transferee or failing such agreement as shall be ascertained by reference to arbitration.
(3)The transferee shall pay all general and local taxes, rates or cesses for the time being imposed or assessed on the said site by competent authority.
(4)The transferee shall within ______years from the date of auction namely __________ complete the construction of ____________(state here House, Shop, Factory, Temple, Sarai, Schools, etc., as the case may be) on the said site in accordance with the Punjab Capital (Development and Regulation) Buildings Rules, 1952 :Provided that the time limit under this clause may be extended by the Estate Officer if he is satisfied that the failure to complete the building within the said time was due to some causes beyond the control of the transferee.
(5)The transferee may, before the erection of the permanent building is commenced or completed, pitch a tent or erect temporary sheds or Kacha building for the purpose of erecting a building on the said site.
(6)Except for the purpose of constructing a building or laying a garden in accordance with the rules made under the Capital of Punjab (Development and Regulation) Act, 1952, the transferee shall not dig or cause to be dug any pit upon the said site, till the full price has been paid.
(7)The vendor may by his officers and servants at all reasonable times and in a reasonable manner after 24 hours notice, in writing, enter in and upon any part of the said site or building erected thereon for the purposes of ascertaining that the transferee has duly performed and observed the covenants and conditions to be performed and observed by him under these presents.
(8)The vendor shall have full right, power and authority at all times to do, through officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions, and reservations herein contained and to recover from the transferee as a first charge upon the said site the cost of doing all or any such acts and things and all costs incurred in connection therewith or in any way relating thereto.
(9)The transferee shall accept and obey all the rules and orders made or issued under the Capital of Punjab (Development and Regulation) Act, 1952.
(10)In the event of [(A) non-payment of any instalment on due date by the transferee or (B) the breach by the transferee of any of the terms and conditions contained in this deed and to be performed and observed by him, it shall be lawful for the Estate Officer notwithstanding the waiver of any previous cause or right for re-entry, to enter into and upon the said site or building thereon or any part thereof and to repossess, retain and enjoy the same as to his former estate and the transferee shall not be entitled to a refund of the purchase money or any part thereof or to any compensation whatsoever on account of such resumption] [Omit A to B if full price paid.].
(11)In the event of any dispute or difference at any time arising between the vendor and the transferee as to the true intent and meaning of these presents, and of each and every provision thereof, the property and rights hereby reserved or any of them, or in any manner incidental or relating thereto, the said dispute or difference shall be referred to the Chief Administrator, whose decision thereon shall be final and binding on the parties hereto.If and so long as the transferee shall fully perform and comply with and shall continue to so perform and comply with each and all the terms and conditions herein made and provided but not otherwise the vendor will secure the transferee in full and peaceful enjoyment of the right and privileges herein and hereby conveyed and assured.And it is hereby agreed and declared that unless a different meaning shall appear from the context -
(a)the expressions "Chief Administrator" and "Estate Officer" shall mean the officers so appointed by the Central Government, under the provisions of the Capital of Punjab (Development and Regulation) Act, 1952;
(b)the expression "Vendor" used in these presents shall include in addition to the President of India, the Central Government, and in relation to any matter, or anything contained in or arising out of these presents, every person duly authorised to act or to represent the Central Government in respect of such matter or thing;
(c)the expression "transferee" used in these presents shall include, in addition to the said, his lawful heirs (permitted), successors, representatives, assignees, transferees, lessees, and any person or persons in occupation of the said site or building erected thereon with the permission of the Estate Officer.
In witness whereof the parties hereto have hereunder respectively subscribed their names at the places and on the dates hereinafter in each case specified.Signed by the said (Transferee)_________________ at ____________________________on the ______________day of ____________________________ 19 )In the presence of :-Witnesses:-
Name   One of the these witnesses must be a Magistrate (with hisCourt seal) if the deed is not executed before the Estate Officer
Residence  
Occupation (Signature)
NameResidence (Signature)OccupationSigned by, for, and on behalf of the President of India and setting underhis authority at _______________________ the_______________ day of____________ 19________(Deputy Commissioner- cum-Estate Officer)In the presence of -Witnesses -NameResidence (Signature)OccupationNameResidence (Signature)Occupation[Form C] [Form C substituted - vide Chandigarh Administration Notification No. UT. 3584-F2-69/8092, dated the 1st July, 1969.][See rule 8]Deed of conveyance of site and the building erected thereon sold by Auction to be used as a building for Residential/Commercial purposes in Chandigarh.This indenture made on the ____________day of _________19___, _________, between the President of India (hereinafter called the Vendor) of the one part and ______________, son of ___________in the district of___________(hereinafter called the transferee) of the other part :Whereas the site and the building erected thereon hereinafter described and intended to be hereby conveyed was owned by the vendor in full proprietary right;And whereas the Central Government has sanctioned the sale of the site and the building erected thereon to the transferee in consideration of the sum of Rs. ____ (Rupees _________) for using the same exclusively for __________ (State here residence or trade, as the case may be);
And whereas the transferee has| paid the sumagreed pay| _________________________ Rs._____________(Rupees _______________________)
being the purchase money;Now, therefore, this indenture witnesseth that for the purpose of carrying into effect the said sale and in consideration of the covenants of the transferee hereinafter contained and of the sum of Rs. _____________(Rupees _____________ ) paid by the transferee [(A) as earnest money (the receipt of which the vendor hereby acknowledges) ] [Omit A to B if full price paid.]and the undertaking of the transferee to pay the sum of Rs. _____________ (Rupees _____________)with interest at 6 per cent per annum calculated from the date of auction in three equated yearly instalments, the first instalment being payable on the 10th day of _____________19 _____ (B) the vendor hereby grants and conveys upto the transferee all that piece or parcel of site No. _______________ Street/Shopping Centre __________________ in Sector ________________ area in square yards __________and more particularly described in the plans filed in the office of the Estate Officer signed by the Estate Officer aforesaid and dated the ____________day of _________ 19____, hereinafter called the said building for the aforesaid purpose.To have and to hold the same unto and to the use of the transferee subject to the exceptions, reservations, conditions, covenants hereinafter contained and each of them that is to say :-
(1)
(a)The transferee shall enjoy the right of possession and enjoyment so long as he continues paying his instalments on due dates or such extended time as the Estate Officer may allow in writing and otherwise (B) abides by the terms and conditions of sale.
(A)[ (1) (b) The vendor shall have a first and paramount charge over the said building for the unpaid portion of the purchase price, and save with the sanction of the Estate Officer, the transferee shall] [Omit form A and B if full price paid.] have no right to transfer by way of sale, gift, mortgage or otherwise the said building or the site upon which it has been erected or any right, title or interest therein (except by way of lease on a monthly basis) till such time as the full purchase price is paid to the vendor (B).
(2)The Vendor reserves to himself all mines and minerals whatsoever, in or under the site with all such rights and powers as may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same at all such time and in such manner as the Vendor shall think fit with powers to remove all or any part of the building and to carry out any surface or any part underground working and to let down the surface of all or any part of the site and to sink pits, re-erect buildings, construct lines and generally appropriate and use the surface of the site for the purposes of doing all such things as may be convenient or necessary for the full enjoyment of the exception and reservation hereinafter contained;Provided that the transferee shall be entitled to receive from the Vendor such payment for the damage done to the said building or to its surface by such works or working or letting down or for the occupation by him of the surface as may be agreed upon between the Vendor and the transferee or failing such agreement as shall be ascertained by reference to arbitration.
(3)The transferee shall pay all general and local rates or cesses for the time being imposed or assessed on the said building by a competent authority.
(4)The transferee shall not re-erect, add to or alter the said building except in accordance with the rules made or orders issued under the Capital of Punjab (Development and Regulation) Act, 1952.
(5)The Vendor may, by his officers and servants at all reasonable times and in reasonable manner after 24 hours notice, in writing, enter in the whole or any part of the said building for the purpose of ascertaining that the transferee has duly performed and observed the covenants and conditions to be performed and observed by him under these presents.
(6)The Vendor shall have full right, powers and authority at all times to do, through officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservations herein contained and to recover from the transferee as a first charge upon the building the cost of doing all or any such acts and things and all costs incurred in connection therewith or in any way relating thereto.
(7)In the event of [(A) non- payment of any instalment on due date by the transferee or of (B) the failure of the transferee to observe any of the terms contained in this deed and to be performed and observed by him, it shall be lawful for the Estate Officer, notwithstanding the waiver of any previous cause or right for re-entry, to enter into and upon the said building or any part thereof and to repossess, retain and enjoy the same as to his former estate and the transferee shall not be entitled to a refund of the purchase money or any part thereof or to any compensation whatsoever on account of such resumption.] [Omit form A and B if full price paid.]
(8)In the event of any dispute or difference at any time arising between the Vendor and the transferee as to the true intent and meaning of these presents and of each and every provision thereof, the property and rights hereby reserved or any of them, or in any manner incidental or relating thereto, the said dispute or difference shall be referred to the Chief Administrator, whose decision thereon shall be final and binding on the parties hereto.If and so long as the transferee shall fully perform and comply with and shall continue to so perform and comply with each and all the terms and conditions herein made and provided, but not otherwise the vendor will secure the transferee in full and peaceful enjoyment of the rights and privileges herein and hereby conveyed and assured.And it is hereby agreed and declared that unless a different meaning shall appear from the context -
(a)the expressions "Chief Administrator" and "Estate Officer", shall mean the officer so appointed by the Central Government under the provisions of Capital of Punjab (Development and Regualtion) Act, 1952;
(b)the expression "Vendor" used in these presents shall include, in addition to the President of India, the Central Government, and in relation to any matter or anything contained in or arising out of these presents, every person duly authorised to act or to represent the Central Government in respect of such matter or thing;
(c)the expression "transferee" used in these presents shall include in addition to the said ____________________his lawful heirs (permitted), successors, representatives, assignees, transferees, lessees and any person or persons in occupation of the said building with the permission of the Estate Officer.
In witness whereof the parties hereto have hereunder respectively subscribed their names at the places and on the dates hereinafter, each case specified.Signed by the said (Transferee) _____________ at _________________ on the ______ day _____________ 19, ________ in the presence of :
Name   One of these witneses must be a Magistrate (with his Courtseal) if the deed is not executed before the Estate Officer.
Residence (Signature)
Occupation  
Witnesses :NameResidence (Signature)Occupation
Signed by, for, and on behalf of the Presdent of India andsetting under his authority at Chandigarh, the day of________19____ (Deputy Commissioner-cum-Estate Officer)
In the presence of -  
Witnesses :  
Name  
Residence (Signature)
Occupation  
Name  
Residence (Signature)
Occupation  
[Form D] [Inserted, - vide Chandigarh Administration notification No. UT 3584-F2-69/8092, dated the 1st July, 1969.][See rule 8A and 8B]Deed of Conveyance of building site sold [by allotment/hire purchase Agreement] [Substituted for the 'by allotment' vide Chandigarh Administration Notification No. UT. 492- F2- 72/2488, dated the 17th February, 1972.]Deed of Conveyance of a site ____________sold (by allotment/hire purchase agreement) to be used as a site for Residential/Commercial/Industrial/Religious/Cultural/Educational purpose in Chandigarh.This Indenture made on the __________day of __________19___ between the President of India (hereinafter called 'the Vendor') of the one part and _________________, son of__________ in the district of _______(hereinafter called the transferee) of the other part.Whereas the site hereinafter described and intended to be hereby conveyed was owned by the Vendor in full proprietary right;And whereas the Central Government has sanctioned the sale of the site to transferee in consideration of the sum of Rs._______(Rupees________________) for the purpose of building (State here house, shop, factory, temple, sarai, school, etc. as the case may be) and using the same exclusively for___________(State here residence, trade, industry, workshop, institution, etc. as the case may be).And whereas the transferee has paid/agree to pay the sum of Rs. ___________________ (Rupees ___________) being the purchase money, subject to variation by mutual agreement.Now, therefore, this indenture witnesseth that for the purpose of carrying into effect the said sale and in consideration of the covenants of the transferree hereunder contained and of the said sum of Rs._________(Rupees_________________ paid by the transferee [(A) as earnest money (the receipt of which the Vendor hereby acknowledges) and the undertaking of the] [Omit A to B if full price paid.] transferee to pay the balance with 6 per cent per annum interest calculated from the date of issue of allotment letter in three equated yearly instalments, the first instalment being payable on the 10th day of __________ 19___.
(B)The Vendor hereby grants and conveys unto the transferee all that piece or parcel of site.
No.| StreetShopping Centre| Sector, __________________________ area in square yards ___________________________
and more particularly described in the plans filed in the office of the Estate Officer signed by the Estate Officer aforesaid and dated the ____________day of_________19____ (hereinafter called the said site).To have and to hold the same unto and to the use of the transferee subject to the exceptions, reservations, conditions and covenants hereinafter contained and each of them, that is to say:-
(1)
(a)The transferee shall enjoy the right of possession and enjoyment so long as he [(A) continues paying his instalments on the due dates or such extended time as the Estate Officer may allow in writing and otherwise (B) abides by the terms and conditions of sale.] [Omit A to B if full price paid.]
(b)The vendor shall have a first and paramount charge over the said site for the unpaid portion of the purchase price, and, save with the sanction of the Estate Officer, the transferee shall have no right to transfer by way of sale, gift, mortgage or otherwise the site or any right, title or interest therein (except by way of lease on a monthly basis) till [(A) such time as the full purchase price is paid to the Vendor and [(B) a period of [-] [Omit A to B if full price paid.] from the date of completion of the construction on the said site, has expired (C).
(2)The vendor reserves to himself all mines and minerals whatsoever, in or under the said site with all such rights and powers as may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same at all such time and in such manner as the Vendor shall think fit, with power to carry out any surface or any part underground workings, and to let down the surface of all or any part of the said site and sink pits, erect building, construct lines and generally appropriate and use of the surface of the said site for the purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exception and reservation hereinafter contained :Provided that the transferee shall be entitled to receive from the Vendor such payment for the occupation by him of the surface and for the damage done to the surface or to the building on the said site by such works or workings or letting down as may be agreed upon between the Vendor and the transferee or failing such agreement as shall be ascertained by reference to arbitrations.
(3)The transferee shall pay all general and local taxes, rates or cesses for the time being imposed or assessed on the said site by competent authority.
(4)The transferee shall within _______years from the date of issue of allotment order namely _______________complete the construction of __________(State here house, shop, factory, temple, sarai, school, etc. as the case may be) on the said site, in accordance with the Capital of Punjab (Development and Regulation) Buildings Rules, 1952 :Provided that the time-limit under this clause may be extended by the Estate Officer if he is satisfied that the failure to complete the building within the said time was due to some causes beyond the control of the transferee.
(5)The transferee may, before the erection of the permanent building is commenced or completed pitch a tent or erect temporary sheds or Kacha building for the purpose of erecting a building on the said site.
(6)[ Except for the purpose of constructing a building or laying a garden in accordance with the rules made under the Capital of Punjab (Development and Regulation) Act, 1952, the transferee shall not dig or cause to be dug any pit upon the said site, till the full price has been paid.] [Omit if full price paid.]
(7)The Vendor may by his officers and servants at all reasonable times and in a reasonable manner after 24 hours notice, in writing, enter in and upon any part of the said site or building erected thereon for the purpose of ascertaining that the transferee has duly performed and observed the covenants and conditions to be performed and observed by him under these presents.
(8)The Vendor shall have full right, power and authority at all times to do, through officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservations herein contained and to recover from the transferee as a first charge upon the said site the cost of doing all or any such acts and things and all costs incurred in connection therewith or in any way relating thereto.
(9)The transferee shall accept and obey all the rules and orders made or issued under the Capital of Punjab (Development and Regulation) Act, 1952.(9-A) In consideration of the Vendor having allotted the said site to the transferee at a concessional price of rupees ____________ per square yard the transferee undertakes to refrain, except with the previous permission in writing of the Estate Officer, from transferring by way of sale, gift, mortgage, or otherwise (except by way of lease on a monthly basis) the site or any right, title or interest therein for a period of [-] [The words 'ten years' omitted - vide Chandigarh Administration Notification No. U.T. 2685-F2-76/10-10483, dated the 14th June, 1976.] from the date of completion of construction on the said site.
(10)In the event of [(A) non-payment of any instalment on due date by the transferee or (B) the breach by the transfree of] [Omit A to B if full price paid.] any of the terms and conditions contained in this deed and to be performed and observed by him, it shall be lawful for the Estate Officer, notwithstanding the waiver of any previous cause or right for re-entry, to enter into and upon the said site or building thereon or any part thereof and to re-possess, retain and enjoy the same as to his former estate and the transferee shall not be entitled to a refund of the purchase money or any part thereof or to any compensation whatsoever on account of such resumption.
(11)In the event of any dispute or difference at any time arising between the Vendor and the transferee, as to the true intent and meaning of these presents and of each and every provision thereof, the property and rights hereby reserved or any of them, or in any manner incidental or relating thereto, the said dispute or difference shall be referred to the Chief Administrator, whose decision thereon shall be final and binding on the parties thereto.If and so long as the transferee shall fully perform and comply with and shall continue to so perform and comply with each and all the terms and conditions herein made and provided but not otherwise the vendor will secure the transferee in full and peaceful enjoyment of the rights and privileges herein and hereby conveyed and assured.And it is hereby agreed and declared that unless a different meaning shall appear from the context :-
(a)the expressions "Chief Administrator" and "Estate Officer" shall mean the officers so appointed by the Central Government under the provisions of the Capital of Punjab (Development and Regulation) Act, 1952;
(b)the expression "Vendor" used in these presents shall include in addition to the President of India, the Central Government, and in relation to any matter, or anything contained in or arising out of these presents, every person duly authorised to act or to represent the Central Government in respect of such matter or thing;
(c)the expression "transferee" used in these presents shall include, in addition to the said ____________his lawful heirs (permitted), successors, representatives, assigns, transferees, lessees; and any person or persons in occupation of the said site or building erected thereon with the permission of the Estate Officer.
In witness whereof the parties hereto have hereunder respectively subscribed their names at the places and on the dates hereinafter, in each case specified.Signed by the said (Transferee) _____________at _________________ on the _______________ day of _______________19___)In the presence of;Witnesses
Name   One of these witnesses must be a Magistrate (with his courtseal) if the deed is not executed before the Estate Officer
Residence  
Occupation (Signature)
Name  
Residence (Signature)
Occupation  
Signed by, for, and on behalf of the President of India andsetting under his authoirty at the_____ day of____________ 19 (Deputy Commissioner-cum-EstateOfficer)
In the presence of;  
Witnesses -  
Name  
Residence (Signature)
Occupation  
Name  
Residence  
Occupation (Signature)
[Form E] [Inserted vide Chandigarh Administration Notification No. UT. 3584- F2- 69/8092, dated the 1st July, 1969.](See rule 8A and 8B)Deed of conveyance of site and the building erected thereon sold [by allotment/hire-purchase agreement] [Substituted for the words 'by allotment' vide Chandigarh Administration Notification UT. 492-F2-72/2488, dated 17th February, 1972.] to be used as a building for Residential/Commercial purposes in Chandigarh.This indenture made on the _______________day of _____________ 19 ___, between the President of India (hereinafter called the Vendor) of the one part and ________________son of _______________________(hereinafter called the transferee) of the other part.Whereas the site and the building erected thereon hereinafter described and intended to be hereby conveyed was owned by the vendor in full proprietary right;And whereas the Central Government has sanctioned the sale of the site and the building erected thereon to the transferee in consideration of the sum of Rs._______________(Rupees_____________________) for using the same exclusively for _______________(State here residence or trade as the case may be);And whereas the transferee has {||-| And whereas the transferee has| paid the sumagreed pay| _________________________ Rs._____________(Rupees _______________________)|}(Rupees _________________________) being the purchase money.Now, therefore, this indenture witnesseth that for the purpose of carrying into effect the said sale and in consideration of the covenants of the transferee hereinafter contained and of the sum of Rs. _____________(Rupees ___________________) paid by the transferee [(A) as acknowledged and the undertaking of the transferee] [Omit form A and B if full price paid.] to pay the sum of Rs. ____________ (Rupees ________________) with interest at 6 per cent per annum calculated from the date of issue of allotment letter in three equated yearly instalments, the first instalment being payable on the 10th day of ______________19 ___(B) the vendor hereby grants and conveys unto the transferee all that piece or parcel of site No. {||-| No.| StreetShopping Centre| Sector, __________________________ area in square yards ___________________________|}in Sector _____________area in square yards_____________ and more particularly described in the plans filed in the office of the Estate Officer signed by the Estate Officer aforesaid and dated the ____________day of __________19 _____hereinafter called the said building for the aforesaid purpose.To have and to hold the same unto and, to the use of the transferee subject to the exceptions, reservations, conditions, covenants, hereinafter contained and, each of them that is to say :-
(1)
(a)The transferee shall enjoy the right of possession and enjoyment so long as he [(A) continues paying instalments on the due dates or such extended time as the Estate Officer may allow] [Omit form A and B if full price paid.], in writing and otherwise (B) abides by the terms and conditions of sale.
(1)
(b)The Vendor shall have a first and paramount charge over the said building for the unpaid portion of the purchase price, and save with the sanction of the Estate Officer, the transferee shall have no right to transfer by way of sale, gift, mortgage or otherwise the said building or the site upon which it has been erected or any right, title or interest therein (except by way of lease on a monthly basis) till (A) such time as the full purchase price is paid to the Vendor and (B) a period [-] [Omit form A and B if full price paid.] [Substituted for the words 'The hirer shall hereinafter .....said site/building.' - vide Chandigarh Administration Notification No. 2840-UT-F2- 73/7765, dated the 18th June, 1973 and applicable to hire-purchase agreements under the Allotment of Booths on the Lease and Hire-Purchase Basis to Eligible Shopkeepers of Nehru and Shastri Markets in Chandigarh Scheme, 1972 notified in the Chandigarh Administration Gazette No. UT. 1443-F2-72/3559, dated the 6th March, 1972 and to other hirers mentioned in the notification, dated 18th June, 1973.] from date of allotment of the site and the building erected thereon has expired.
(2)The Vendor reserves to himself all mines and minerals whatsoever in or under the site with all such rights and powers as may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same at all such time and in such manner as the vendor shall think fit, with powers to remove all or any part of the building and to carry out any surface or any part underground workings, and to let down the surface of all or any part of the site and to sink pits, re-erect building, construct lines and generally appropriate and use the surface of the site for the purposes of doing all such things as may be convenient or necessary for the full enjoyment of the exception and reservation hereinafter contained.Provided that the transferee shall be entitled to receive from the Vendor such payment for the damage done to the said building or to its surface by such works or workings or letting down or for the occupation by him of the surface as may be agreed upon between the vendor and the transferee or failing such agreement as shall be ascertained by reference to arbitration.
(3)The transferee shall pay all general and local taxes, rates or cesses for the time being imposed or assessed on the said building by a competent authority.
(4)The transferee shall not re-erect, add to or alter the said building except in accordance with the rules made or orders issued under the Capital of Punjab (Development and Regulation) Act, 1952.(4-A) In consideration of the Vendor having allotted the said building to the transferee at a concessional price of rupees __________________ the transferee undertakes (except with the previous permission in writing of the Estate Officer) to refrain from transferring by way of sale, gift, mortgage or otherwise (except by way of lease on a monthly basis) the building or the site or any right, title or interest therein for a period of [ - ] [The words 'ten years' omitted - vide Chandigarh Administration Notification No. U.T.-541-F2-72/3155, dated the 21st February, 1972.] from the date of its allotment.
(5)The Vendor may, by his officers and servants at all reasonable times and in a reasonable manner after 24 hours notice, in writing enter in the whole or any part of the said building for the purpose of ascertaining that the transferee has duly performed and observed the covenants and conditions to be performed and observed by him under these presents.
(6)The Vendor shall have full right, powers and authority at all times to do, through officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservations herein contained and to recover from the transferee as a first charge upon the building the costs of doing all or any such acts and things and all costs incurred in connection therewith or in any way relating thereto.
(7)In the event of [(A) non-payment of any instalment on due date by the transferee or of (B) the failure of the transferee] [Omit A to B if full price paid.] to observe any of terms containing in this deed and to be performed and observed by him) it shall be lawful for the Estate Officer, notwithstanding the waiver of any previous cause or right for re-entry, to enter into and upon the said building or any part thereof and to repossess, retain and enjoy the same as to his former estate and the transferee shall not be entitled to a refund of the purchase money or any part thereof or to any compensation whatsoever on account of such resumption.
(8)In the event of any dispute or difference at any time arising between the Vendor and the transferee as to the true intent and meaning of these presents and of each and every provision thereof, the property and rights hereby reserved or any of them, or in any manner incidental or relating thereto), the said dispute or difference shall be referred to the Chief Administrator, whose decision thereon shall be final and binding on the parties hereto.If and so long as the transferee shall fully perform and comply with and shall continue to so perform and comply with each and all the terms and conditions herein made and provided, but not otherwise the vendor will secure the transferee in full and peaceful enjoyment of the rights and privileges herein and hereby conveyed and assured.And it is hereby agreed and declared that unless a different meaning shall appear from the context -
(a)the expressions "Chief Administrator" and "Estate Officer", shall mean the officers so appointed by the Central Government under the provisions of Capital of Punjab (Development and Regulation) Act, 1952;
(b)the expression 'Vendor' used in these presents shall include, in addition to the President of India, the Central Government, and in relation to any matter or anything contained in or arising out of these presents, every person duly authorised to act or to represent the Central Government in respect of such matter or thing;
(c)the expression 'transferee' used in these presents shall include in addition to the said _____________ his lawful, heirs (permitted), successors, representatives, assigns, transferees, lessees and any person or persons in occupation of the said building with the permission of the Estate Officer.
In witness whereof the parties hereto have hereunder respectively subscribed their names at the places and on the date hereinafter, in each case specified.Signed by the said ________________________at ______________________________on the (Transferee) ______________________day of ____________________________19)
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Name   One of these witnesses must be a Magistrate (with his Courtseal) if the deed is not executed before the Estate Officer
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Signed by, for, and on behalf of the President of India andsetting under his authority at Chandigarh the _______ dayof_________19_____ (Deputy Commissioner-cum-Estate Officer)
In the presence of -  
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