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State of Haryana - Act

Punjab Urban Estates (Sale of Sites) Rules, 1965

HARYANA
India

Punjab Urban Estates (Sale of Sites) Rules, 1965

Rule PUNJAB-URBAN-ESTATES-SALE-OF-SITES-RULES-1965 of 1965

Published on 22 February 1965
Commenced on 22 February 1965
[This is the version of this document from 22 February 1965.]
[Note: The original publication document is not available and this content could not be verified.]

Punjab Urban Estates (Sale of Sites) Rules, 1965Published vide Notification No. G.S.R. 34/PA-22/64/Section 23/Section 23/65 dated 22.2.1965

1. Short title and commencemen.

(1)These rules may be called the Punjab Urban Estates (Sale of Sites) Rules, 1965.

(2)They shall come into force at once.

2. Definitions.

- In these rules, unless the context otherwise requires -

(a)"Act" means the Punjab Urban Estates (Development and Regulation) Act, 1964;

(aa)[ "additional price" means such sum of money as may be determined by the State Government, in respect of the sale of a site by allotment, having regard to the amount of compensation by which the compensation awarded by the Collector for the land acquired by the State Government of which the site sold forms a part, is enhanced by the Court on a reference made under Section 18 of the Land Acquisition Act, 1894, and the amount of cost incurred by the State Government in respect of such reference. [Insterted according to Notification Published in Pb. Gaz. (Extra) L.S. Part III dated 14.3.1966.]

Explanation. - For the purposes of this clause and sub-rule (1) of Rule 4, the expression "the Court" means the Court as defined in clause (d) of Section 3 of the Land Acquisition Act, 1894, and where an appeal is filed, the Appellate Court.]

(b)"Obnoxious trade" shall be deemed to be carried on any site or in a building (erected on a site) if the site or the building is used for any of the following purposes :-

(i)melting tallow, dressing raw hides, boiling bones, offal or blood;

(ii)as a soap house, oil boiling house, dyeing house or tannery;

(iii)as brick-field, brick kiln, charcoal-kiln, pottery or lime-kiln or stone crushing;

(iv)as any manufactory, engine-house, store-house or place of business from which offensive or unwholesome smells, gases, noises or smoke arise;

(v)as a yard or depot for trade unslaked lime, hay, straw, thatching grass, wood, charcoal or coal or other dangerously inflammable material;

(vi)as a store-house for any explosive, or for petroleum or any inflammable oil or spirit;

(c)"Schedule" means a Schedule annexed to these rules;

[***] [See Notification Published in Pb. Gaz. (Extra) L.S. Part III dated 14.3.1966.]

(d)"section" means a section of the Act; and

(e)[] [Add made vide Notification Published in Pb. Gaz. (Extra) L.S. Part III dated 14.3.1966.] "tentative price" means such sum of money as may be determined by the State Government from time to time, in respect of the sale of a site by allotment, having regard, among other matters, to the amount of compensation awarded by the Collector under the Land Acquisition Act, 1894, for the land acquired by the State Government of which the site sold forms a part.]

3. Sale by auction or allotment [Section 23(2)(a) and 3(2)].

- The sites in an urban estate shall be sold by the State Government or by such authority as the State Government may appoint in this behalf, by auction or allotment. For the purpose of proper planning and development of an urban estate sites may be reserved for groups of individuals or for persons practising any profession or carrying on any occupation, trade or business.

4. [ Sale price. [Substituted by Notification dated 14.3.1966]

- In the case of sale of a site by allotment, the sale price shall be-(a)where such site forms part of the land acquired by the State Government under the Land Acquisition Act, 1894; and(i)no reference under Section 18 thereof is made against the award of the collector or such a reference having been made has failed, the tentative price;(ii)on a reference made under Section 18 thereof the compensation awarded by the Collector is enhanced by the Court, the aggregate of the tentative price and the additional price;(b)in any other case, such final price as may be determined by the State Government from time to time.

(2)In the case of sale of a site by auction, the sale price shall be such reserve price as may by determined by the State Government from time to time or any higher price determined as a result of bidding in an open auction.]

5. Application for sale by allotment [Section 23(2)(a) and (b) and 3(2) & (3)].

(1)In case of sale by allotment the intending purchaser shall make an application to the Estate Officer concerned in the form (annexed to these rules as given in Schedule "A").

(2)No application under sub-rule (1) shall be valid, unless it is accompanied by ten per cent of [tentative price or final price] [Substituted for the words 'sale price' see notification Dated 14.3.1966] in the form of a demand draft payable to the Estate Officer and drawn on any Scheduled Bank situated at the nearest place to the Estate concerned or at any other place which the Estate Officer may specify.

(3)When ten per cent of the price has been tendered, the State Government or such authority as it may appoint in this behalf allot a site of the size applied for. Intimation of such allotment shall be given to the applicant(s) by registered post given to the applicant(s) by registered post giving the number, dimension, area and [tentative price or final price] [Substituted for the words 'sale price' see notification Dated 14.3.1966] of the site allotted.

(4)The applicant shall, unless he refuses to accept the allotment within thirty days of the date of issue of the allotment orders, deposit within that period and in the manner mentioned in sub-rule (2) (the remaining fifteen per cent of the sale price or) such amount which together with the amount already deposited under sub-rule (2) equals at least twenty-five per cent of the sale price of the site. In case of failure to deposit the said amount the allotment shall be cancelled and the deposit made under sub-rule (2) shall be forfeited to Government in whole or in part and the applicant shall have no claim for damages.

4A. [ Notwithstanding anything contained in sub-rule (4), if any applicant accepts the allotment within thirty days of the date of issue of allotment orders, and makes a request in writing within the said period of thirty days for grant of extension in time for the purpose of making the requisite payment, the Estate Officer may if satisfied that the applicant is prevented by sufficient cause for making the payment in time, allow the extension of time for a period not exceeding sixty days and on the condition that the applicant shall have to pay interest on the prevailing rate for the period so extended.] [Inserted vide Notification Dated 30.9.1975 Hr. Government Gaz. L.S. Pt.III.]

(5)If the applicant refuses to accept the allotment within the said period of thirty days, he will be entitled to the refund of the amount paid by him. The refusal shall be communicated to the Estate Officer concerned through an acknowledgement due registered letter. The refund shall be made by means of a cheque payable at the State Bank of India at any place and the applicant shall have no claim in respect of the collection charges for the cheque.

5A. [ Liability to pay additional price [Sections 23(2)(a) and (b) & 3(2) and (3). [Insertion made vide Notification dated 14.3.1966.]

(1)In the case of sale of a site by allotment, the Transferee shall be liable to pay to the State Government, in addition to the tentative price thereof, the additional price, if any, determined in respect thereto under these rules.

(2)The additional price shall be payable by the Transferee within a period of thirty days of the date of demand made in this behalf of the Estate Officer.]

6. Sale by auction [Section 23(2)(b) and 3(2)].

- In the case of sale by auction, at least twenty five per cent of the bid accepted by the auctioning officer shall be paid on the spot by the successful bidder in cash or by means of a demand draft drawn in the manner specified in sub-rule (2) of Rule 5.

7. [ Delivery of possession. [Substituted by Notification GSR 226 dated 21.10.1976]

- The possession of the site shall be delivered to the transferee as soon as the development works in the area where the site is situated are completed.]

8. [ Conveyance deed. [Substituted by Notification GSR 227 dated 21.10.1976.]

- On payment of full amount of the sale price as determined under Rule 4, the transferee shall execute a deed of conveyance in the form given in Schedule `B' or `C' schedule as the case may be, in such manner as may be directed by the Estate Officer.]

9. Use of site [Sections 23(2)(a) and 3(2)].

- The transferee shall not use the site or the building erected thereon for a purpose other than that for which it has been sold to him.

10. [ Payment in lump sum or instalments [Sections 23(2)(b) and 3(3)]. [Substituted by Notification dated 14.3.1966.]

- In the case of any particular sale of site by allotment or by auction, the State Government may decide that balance of seventy-five per cent of the [tentative price of final price or, as the case may be, the sale price] after payment of twenty-five per cent of the price specified in sub- rules (2) and (4) of Rule 5 in the case if sale by allotment and in Rule 6 in the case of sale by auction, may be paid in lump sum or in annual equated instalments not exceeding [six] [Substituted for 'three' by Notification dated 21.10.1976].

11. Lump sum payment [Sections 23(2)(b) and 3(3)].

- Where, as provided in Rule 10, recovery is decided to be made in lump sum, the balance of seventy-five per cent of the [tentative price of final price or as the case may be, the sale price] [Substituted by Notification dated 14.3.1966.] shall be payable within sixty days after the date of issue of allotment order or the date of auction, as the case may be.

12. Instalments [Sections 23(2)(b) and 3(3)(1)].

(a)In case it is decided to make recovery in one annual instalments, the remaining [tentative price of final price, or as the case may be, the sale price] [Substituted by Notification dated 14.3.1966] viz, seventy-five per cent shall be payable within one year from the date of issue of allotment order under sub-rule (3) or Rule 5 or the date of auction under Rule 6, as the case may be;(b)In case it is decided to make recovery in two equated annual instalments, the remaining sale price viz. seventy-five per cent shall be payable in two annual equated instalments, the first instalment being payable on the expiry of one year from the date of issue of the allotment order under sub-rule (3) of Rule 5 or the date of auction under Rule 6, as the case may be;(c)In case it is decided to make recovery in three equated annual instalments, the remaining sale price viz., seventy-five per cent shall be payable in three annual equated instalments, the first instalment being payable on the expiry of one year from the date of issue of allotment order under sub-rule (3) or Rule 5 or from the date of auction under Rule 6, as the case may be;(d)[ In case it is decided to make recovery in six equated annual instalments, the remaining sale price viz., seventy-five per cent shall be payable in six equated instalments, the first instalment being payable on the expiry of one year from the date of issue of allotment order under sub-rule (3) of Rule 5 or from the date of auction under Rule 6, as the case may be;] [Added vide Notification dated 18.4.1968]

(2)In case of payment by instalment as provided in sub-rule (1), each instalment would be recovered together with interest thereon, at the rate of seven per cent per annum. The interest shall accrue from the date of issue of allotment order or the date of auction, as the case may be, but no interest shall be payable if the whole of the balance of seventy-five per cent of the sale price is paid in full by the transferee within sixty days of the issue of allotment order or the date of auction, as the case may be.

(3)Each instalment shall be remitted to the Estate Officer concerned by demand draft payable to the Estate Officer and drawn on any Scheduled Bank situated at the nearest place to the Estate concerned or at any place which the Estate Officer may specify.

(4)Every such remittance shall be accompanied by a letter showing full particulars of the site to which the payment pertains and a statement giving reference to the number and date of the allotment order issued under sub-rule (3) of Rule 5 or the date of auction, as the case may be. In the absence of these particulars the amount remitted shall not be deemed to have been received.

13. Procedure in case of default [Sections 23(3)(a) and 3(2)].

- In case an instalment is not paid by the transferee by the 10th of the month following the month in which it falls due, a notice shall be served on the transferee calling upon him to pay the instalment within a month together with a sum not exceeding such amount as may be determined by the Estate Officer, by way of penalty. If the payment is not made within the said period or such extended period as may be allowed by the Estate Officer, not exceeding three months in all from the date on which the instalment was originally due, the Estate Officer may proceed to have the same recovered as an arrears of land revenue or to take action under Section 10.

14. [ Time within which building is to be erected. [Substituted vide Notification dated 21.10.1976]

- The transferee shall complete the building within a period of two years from the date of delivery of possession of the site, in accordance with the rules regulating the erection of building :Provided that the time limit may be extended by the Estate Officer, if he is satisfied that the failure to complete the building over the site within the said period was due to cause beyond the control of the transferee.]

15. Registration and Stamp Duty [Section 23(2)(a) and 3(2)].

- The transferee shall bear and pay all expenses in respect of execution and registration of the deed of conveyance, including the stamp duty and registration fees payable therefor.

16. Fragmentation [Sections 23(2)(a) and 3(2)].

- No fragmentation of any site shall be permitted.

17. Prohibition of obnoxious trade [Sections 23(2)(a) and 3(2).

- No obnoxious trade shall be permitted in or on any site or any building except with the previous permission in writing to the Chief Administrator.

18. Appeal [Sections 23(2)(j) and 11].

(1)An appeal against an order passed under Section 9 or Section 10 shall be presented to the Chief Administrator or to such officer as he may appoint in this behalf, either by the appellant or his agent or shall be sent by registered post addressed to the Chief Administrator. It shall give the date of the order appealed against, and set forth concisely the grounds of appeal and be accompanied by a certified copy of the order appealed against.

(2)The memorandum of appeal shall be signed by the appellant or his agent and shall be affixed with a court-fee stamp of five rupees.

(3)The Chief Administrator shall thereupon fix a date for hearing the Appellant or his agent.

19. Revision [Sections 23(2)(j) and 11].

- The provision of the foregoing rule shall apply mutatis mutandis to every application for revision of any order passed by the Estate Officer or the Chief Administrator.

20. Form of Notice [Section 23(2)(i)].

- The notice under Rule 13 shall be in the form (annexed to these rules) given in Schedule "C". It may be served on an individual or a group of individuals, either personally or by fixation on a prominent part of the building or site or by beat of drum.

"A"

(See Rule 5)Application for the purchase of site or sites in the urban estate at________________ToThe Estate Officer,Urban Estate,_____________Sir,I/We __________ request that I/We may be ___________ We constituting a group _________ sold residential/industrial/commercial site/sites as stated below :-Size of sites in Marlas (One Marla-25sq. yards) Number of site or Kanals One Kanal 500 sq. yards) sites of each size.

2. My/Our preference is for site/sites mentioned below :-

Sector/Block

Size of sites

Serial number of sites

3. [Here mention the public purpose] (To be filled in only by those who fall in any of these three preferential categories.)

(a)My/Our land has been acquired after 1st August, 1962 for setting up the Urban Estate or for the public purpose of setting up ___________ in the vicinity of this urban estate, as detailed below :-

Name of the village

Khasra number and area acquired

Date of acquisition

(b)I/We are employers/employees working in Industrial/Commercial establishment or Government Officer located in the vicnitiy of Urban Estate, namely, as under :- (Certificate of the employer to be attached in case of employee.)

(c)I/We required the above sites for housing the employees of Industrial/Commercial establishment/Government office located in the vicinity of urban estate detailed as under -

4. Enclosed herewith is the Demand Draft for an amount of Rs. _____, equivalent to ten per cent of the [tentative price or the final price] [Substituted 'price' vide G.S.R. 45 dated 14.3.1966] of the site (s) detailed in para 1 above as earnest money, payable to the Estate Officer and drawn on _ Bank at ______________

5. My/Our profession/professions is/are __________________

6. [ I/will pay the tentative price/final price of the site(s) in lump sum/in prescribed instalments and will further pay the additional price on demand within the prescribed period.] [Substituted vide G.S.R. 45 dated 14.3.1966]

7. (To be filled in only for allotment of industrial sites)

(a)	Type of industry to be started.
(b)	Whether licence necessary under IndustriesDevelopment and Regulation Act, and, if so, steps taken tosecure the licence. Copy of the licence to be attached, ifalready secured.
(c)	(i) Estimated cost of the project and how is itproposed to meet it ?
	(ii) Whether foreign exchange in involved; ifso, arrangements made to secure.
(d)	If capital has to be raised in the market,steps taken to secure it. Permission of Controller of CapitalIssues for raising capital to be attached, if available.
(e)	Time to be taken for completion of the project.
(f)	Details of staff to be employed -
	(i) Managerial staff
	(ii) Technical personnel _________
	(iii) Ministerial and Labour __________
(g)	Copy of the proposed layout of the siteindicating broadly the covered area under various units of theFactory.
(h)	Is any foreign collaboration visualise and, ifso, steps taken to secure it.
(i)	Phased requirements of electric power.

8. I/We agree to conform to and abide by the terms and conditions contained in the rules made the Punjab Estates (Development and Regulation) Act, 1964.

Yours faithfully,Signature(s) _______________Name(s) __________________Address(es) _______________Dated______________[Schedule "B"] [Schedules B and C substituted vide G.S.R. 45 dated 14.3.1996 ibid](See Rule 8)Deed of Conveyance of Building site sold by allotment.This deed of conveyance made the __________ day of _______ 19 _________ between the Governor of Punjab (hereinafter called "the Vendor") of the one part and Shri ________ son of _________ resident of _______ in the district _________ (hereinafter called "the Transferee") of the other part.Whereas the site hereinafter described and intended to be hereby conveyed is owned by the Vendor in full proprietary rights;And Whereas the Vendor has sanctioned the sale of the said site to the Transferee in pursuance of his application dated ___________ made under sub- rule (1) of Rule 5 of the Punjab Estates (Sale of Sites) Rules, 1965, (hereinafter referred to as the said rules), to be used as a site for commercial/industrial/residential purpose in the urban estates of;And Whereas the Vendor has fixed the tentative price/final price of the said site at Rs. _______ (Rupees ________ );And Whereas the vendor reserves the right to enhance the tentative price by the amount of the additional price determined in accordance with the said rules :And Whereas the Transferee has agreed to pay the tentative price and the additional price/final price in the manner hereinafter appearing;Now, Therefore, this deed witnesses that for the purpose of carrying into effect the said sale and in consideration of the covenants of the Transferee hereinafter contained and 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 Transferee to pay the balance of the tentative price/final price with _______ per cent per annum interest calculated from the date of allotment order in [one/two/three/four/five/six] [Substituted for the words 'one/two/three' by G.S.R. 95 dated 14.9.1970.] equated yearly instalments, the first instalment being payable on the tenth day of ________ (B) and the additional price, if any, determined to be paid by the Transferee within a period of thirty days of the date of demand made by the Estate Officer, the Vendor hereby grants and conveys up to the Transferee all that piece and parcel of site No. _________ area in square yards _______ and more particularly described in the plan filed in the Office of the Estate Officer and signed by the Estate Officer aforesaid and dated the _______ day of _____ 19 ____ hereinafter 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 the instalments on the due dates or within such extended time as the Estate Officer may allow in writing and (B) (C) pays the additional price, if any, determined by vendor, within the period fixed as aforesaid and otherwise (D) conforms to the terms and condition of sale.

(b)The Vendor shall have a first and paramount charge over the said site for the unpaid portion of the sale price and save with the sanction of the Chief Administrator 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 sale price is paid to the Vendor and a building has been constructed on the site up to a minimum of ten per cent of the area of the site.

(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 times and in such manner as the Vendor shall think fit, with power to carry out any surface or any underground workings, and to let down the surface of all or any part of the said site and to sink pits, erect buildings, 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 exceptions and reservations 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 buildings or 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 ceases for the time being imposed or assessed on the said site by the competent authority.

(4)The Transferee shall within three years from the date of issue of allotment order namely ____ complete the construction of ______ on the said site, the plans of which shall be in accordance with the rules made and directions given from time to time by the Vendor or the Chief Administrator in this respect and approved by the Chief Administrator or any officer duly authorised by him in this behalf :Provided that the time under this clause may be extended by the Estate Officer in case the failure to complete the building by the stipulated date was due to reasons 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 for which the said site has been sold.

(6)Except for the purpose of constructing a building or laying a garden in accordance with the rules made under the Urban Estates (Development and Regulation) Act, 1964, the Transferee shall not dig or cause to be dug pit upon said site, till the tentative price/final price has been paid.

(7)The Vendor may by his officers and servants at all reasonable times and in a reasonable manner after twenty-four 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 convenants and conditions to be performed by him and observed 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 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 not use the said site for a purpose other than that of ____ nor shall he use the building constructed on it for a purpose other than that for which it has been constructed except in accordance with the rules made under the Punjab Urban Estates (Development and Regulation) Act, 1964.

(10)The Transferee shall accept and obey all the rules and orders made or issued under the Punjab Urban Estates (Development and Regulation) Act, 1964.

(11)In the event or non-payment of any instalment on due date or of the additional price within the fixed period by the transferee it shall be lawful for the Estate Officer, notwithstanding the waiver of any previous cause or right for re-enjoy thereon or any part thereof, to possess, retain and enjoy the same as to his former estate and the Transferee shall not be entitled to a refund of the sale price or any part thereof or to any compensation whatsoever on account of such resumption.

(12)In the event of any dispute or difference at any time arising between the Vendor and the Transferee as to the true intent the 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 identical or relating thereto, the said dispute or difference shall be referred for arbitration 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 provide but not otherwise, the Vendor will secure the Transferee 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 expression "Chief Administrator" shall mean the Officer appointed as such by the Government under clause (d) of Section 2 of the Punjab Urban Estates (Development and Regulation) Act 1964;

(b)the expression "Estate Officer" shall mean the person, appointed by the Government under clause (f) of Section 2 of the Punjab Urban Estates (Development and Regulation) Act, 1964, to perform the functions of an Estate Officer in the Urban Estate of __________;

(c)the expression "Vendor" used in these presents shall include, in addition to the Governor of Punjab, the Government of Punjab, 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 Government of Punjab in respect of such matter or thing;

(d)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 date hereinafter in each case specified.

Signed by the said ___________ at _______ on the___________ day of _____ 19 ________	[Transferee]
In the presence of :
Witness ___________________________	One of these witnesses must be a magistrate[with his Court Seal] if the Deed is not executed before theEstate Officer
Name ____________________________
Residence _________________________
Occupation ________________________	(Signature)
Name ____________________________
Residence ________________________
Occupation _______________________	(Signature)
Signed by for and on behalf of the Governor ofPunjab and setting under his authority at__________ the__________ day of __________ 19 __________	[Estate Officer]
In the presence of Witness ___________
Name ___________________________
Residence ________________________
Occupation _______________________	(Signature)
Name ___________________________
Residence ________________________
Occupation _______________________	(Signature)

"C"

(See Rule 8)Deed of Conveyance of Building site sold by auction.This deed of conveyance made the __________ day of __________ 19 __________ between the Governor of Punjab (hereinafter called the "Vendor") of the part and Shri __________ son of __________ resident of __________ in the district of __________ (hereinafter called "the Transferee") of the other part.Whereas the site hereinafter described and intended to be hereby conveyed is owned by the Vendor in full proprietary rights;And Whereas the Vendor has sanctioned the sale of the said site to the Transferee for the sum of Rs. __________ (Rupees__________) to be used as a site for commercial/industrial/residential purpose in the urban estates of __________And Whereas the transferee has paid the sum of Rs. __________ (Rupees) agreed to pay the sum of) being the sale price of said site :Now Therefore, this deed witnesseth that for the purpose of carrying into effect the said sale and in consideration of the covenants of the Transferee hereinafter contained and 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 Transferee to pay the balance with __________per cent per annum interest calculated from the date of auction in [one/two/three/four/five/six] [Substituted for the words 'one/two/three vide G.S.R. 95 dated 24.9.1970] equated yearly instalments, the first instalment being payable on the tenth day of __________ the Vendor hereby grants and conveys up to the Transferee all that price and parcel of site No. __________ area in square yards __________, and more particularly described in the plan filed in the Office of the Estate Officer and signed by the Estate Officer aforesaid and dated the _________ day of _____ 19 _______ hereinafter 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)

(b)The Vendor shall have a first and paramount charge over the said site for the unpaid portion of the sale price and save with the sanction of the Chief Administrator 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 sale price is paid to the Vendor and a building has been constructed on the site up to a minimum of ten per cent of the area of the site.

(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 times and in such manner as the Vendor shall think fit, with power to carry out any surface or any underground workings, and to let down the surface of all or any part of the said site and to sink pits, erect buildings, 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 exceptions and reservations 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 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 ceases for the time being imposed or assessed on the said site by the competent authority.

(4)The Transferee shall within three years from the date of auction namely __________ complete the construction of __________ on the said site, the plans of which shall be in accordance with the rules made and directions given from time to time by the Vendor or the Chief Administrator in this respect and approved by the Chief Administrator or any officer duly authorised by him this behalf :Provided that the time under this clause may be extended by the Estate Officer in case the failure to complete the building by the stipulated date was due to reasons beyond the control of the Transferee.

(7)The Vendor may be his officers and servants at all reasonable times and in a reasonable manner after twenty-four 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 by him and observed 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 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 not use the said site for a purpose other than that of __________ nor shall he use the building constructed on it for a purpose other than that for which it has been constructed except in accordance with the rules made under the Punjab Urban Estates (Development and Regulation) Act, 1964.

(10)The Transferee shall accept and obey all the rules and orders made or issued under the Punjab Urban Estates (Development and Regulation) Act, 1964.

(11)In the event or non-payment of any instalment on due date by the transferee it shall be lawful for the Estate Officer, notwithstanding the waiver of any previous cause or right for re-entry thereon or any part thereof, to repossess retain and enjoy the same as to his former estate and the Transferee shall not be entitled to a refund of the sale price or any part thereof or to any compensation whatsoever on account of such resumption.

(12)In the event of any dispute or difference at any time arising between the Vendor and the Transferee as to the true intent the 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 identical or relating thereto, the said dispute or difference shall be referred for arbitration 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 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 expression "Chief Administrator" shall mean the Officer appointed as such by the Government under clause (d) of Section 2 of the Punjab Urban Estates (Development and Regulation) Act 1964;

(c)the expression "Vendor" used in these presents shall include, in addition to the Governor of Punjab, the Government of Punjab, and in relation to any matter or anything contained in or arising out these presents, every person duly authorised to act, or to represent the Government of Punjab in respect of such matter or thing;

(d)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.

It 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__________ __________ day of _______ 19 __________	[Transferee]
In the presence of :
Witness __________________________	One of these witnesses must be a magistrate[with his Court Seal] if the Deed is not executed before theEstate Officer
Name ____________________________
Residence _________________________
Occupation ________________________	(Signature)
Name _____________________________
Residence _________________________
Occupation ________________________	(Signature)
Signed by for and on behalf of the Governor ofPunjab and setting under his authority at__________ the__________ day of __________ 19 __________	[Estate Officer]
In the presence of Witness ____________
Name ____________________________
Residence ________________________
Occupation _______________________	(Signature)
Name ____________________________
Residence _________________________
Occupation _______________________	(Signature)

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