PROCEDURE FOR ALLOTMENT OF ASSETS - bdabbsrbdabbsr.in/website/pdf/ALLOTMENT MANUAL...

BHUBANESWAR DEVELOPMENT AUTHORITY

AKASH SHOVA BUILDING, SACHIVALAYA MARG

BHUBANESWAR-751001

PROCEDURE FOR

ALLOTMENT OF ASSETS

YEAR-2010

AMMENDED IN THE YEAR-2012

PROCEDURE FOR ALLOTMENT OF ASSET

Continued …

CONTENTS

Sl.no. Chapter

Page

1 Objective 1

2 Definition 1 - 2

3 Commencement of Scheme 2 - 3

4 Brochure 3 - 5

5 Advertisement 5 - 6

6 Scrutiny of the application 6

7 Allotment Procedure 6 - 8

8 Discretionary Allotment 8 - 9

9 Eligibility Criteria 9 - 10

10 Handing over of Possession 10 - 11

11 Execution of license agreement for office space/commercial space/shopping units

11

12 Execution of the lease deed 11

13 Third party transfer 11 - 13

14 Cancellation of allotment & eviction 13 - 14

15 Initiation of proceeding under the provisions of ODA

Act-14

14

16 No Objection Certificate/permission to mortgage 14 -15

17 Auction of assets through court process 15

18 Intimation to collect the ground rent 15

19 Maintenance of records 16

20 Interpretation 16

21 Repeal and Savings 17


Continued …

Annexure Page

Annexure-1 Provisional allotment letter - House 18 – 20

Annexure-2 Provisional allotment letter - Plot 21 – 22

Annexure-3 Allotment register 23

Annexure-4 Tripartite agreement 24 – 26

Annexure-5 Possession letter - Plot 27

Annexure-6 Possession letter - House 28 – 29

Annexure-7 Lease-cum-sale agreement 30 – 35

Annexure-8 Lease of land for residential purpose 36 – 41

Annexure-9 Lease of land for commercial purpose 42 – 47

Annexure-10 Lease of building with plot/plot for commercial purpose 48 – 54

Annexure-11 Lease-cum-sale deed 55 – 58

Annexure-12 Sale of apartment 59 – 62

Annexure-13 Agreement for license of office space (For institutions) 63 – 69

Annexure-14 Agreement for license of commercial/office space (for individuals) 70 – 76

Annexure-15 Indenture for Sale 77 – 79

Annexure-16 Application form for transfer/change of allotment 80 – 81

Annexure-17 Check list for transfer of assets 82 – 83

Annexure-18 Office order for change of allotment (Before deed) 84 – 85

Annexure-19 Office order for permission for transfer of ownership (After deed) 86

Annexure-20 Office order for change of allotment before deed (Post possession) 87

Annexure-21 Office order for change of allotment/transfer of ownership

(Death case)

88

Annexure-22 Checklist for processing N.O.C 89

Annexure-23 Office order for issue of NOC (Before deed) 90

Annexure-24 Office order for issue of NOC (Conditional) 91

Annexure-25 Grant of permission for mortgage 92 – 93

Annexure-26 Record of statement 94


Annexure Page

Annexure-27 Notice for default 95

Annexure-28 Notice for determination of agreement 96

Annexure-29 Notice requiring allottee to deliver possession of house to BDA 97

Annexure-30 Requisition for initiation of OPP Case 98 – 99

Annexure-31 Initiation of proceeding under Section-91 of ODA Act for

unauthorized /additional construction.

100 - 101

Annexure-32 Office order for restoration of asset 102

Annexure-33 Ground rent letter 103

Annexure-34 Application for NOC/permission for mortgage of asset 104-105

Annexure-35 Undertaking for un-authorised construction by the allottee 106

Annexure-36 Property register 107

Annexure-37 Allottee wise collection register 108-109

Annexure-38 Allotment Sub-ledger 110

Annexure-39 Covering letter for sending statement of Account to the allottee 111

Annexure-40 Collection format of rent/electricity/service charges 112

Appendix

Appendix-A Brochure-cum-Application form for auction sale of constructed

asset

113-119

Appendix-B Brochure-cum-Application form for auction sale of plot 120-129


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PROCEDURE FOR ALLOTMENT OF ASSETS


OBJECTIVE

BDA, in order to translate the objective of the ODA Act, undertakes works pertaining to construction of housing colonies, shopping centres, plotted

development schemes, markets, industrial estates and other infrastructures of like nature. In order to maintain fairness in the allotment procedure, the Authority formulates comprehensive guidelines for allotment/disposal of the

assets owned/acquired/created and developed by the Authority.

1. This document may be called as the BDA (Procedure for allotment of

Assets) Scheme, 2010. It shall come into force on and from the date specified by the Authority.

2. DEFINITION

In this Allotment procedure, unless the context otherwise requires:-

a) “Act” means the Orissa Development Authorities Act, 1982;

b) “Allottee” means the person to whom an asset under these regulations have been allotted in any manner and shall include

his/her legal heirs;

c) “Allotment” means allotment of an asset under these regulations;

which includes allotment by way of lottery, auction, or on license basis.

d) “Applicant” means a person who has applied for allotment of an asset in a scheme;

e) “Asset” means any plot, house, flat, commercial plot, office space etc; developed by BDA;

f) “Authority” means the Bhubaneswar Development Authority constituted under the Orissa Development Authorities Act, 1982;

g) “Family” in respect to the applicant or allottee means the applicant or

the allottee and his/her spouse and minor children.

h) “Form” means forms appended to this Manual or as may be

prescribed by the Authority from time to time;

i) “Government” means the Government of Orissa;

j) “Income” means the aggregate income of the applicant/allottee, his/her spouse and minor children from any trade, occupation,

business or employment or any other source;


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k) “Licensee” means an allottee in whose favour an asset has been allotted on monthly or annual rent;

l) Words and expression used in these regulations but not defined, unless repugnant to the context, shall have the same meaning as are

assigned to them in the Act, rules and regulations framed there under.

3. COMMENCEMENT OF THE SCHEME

3.1 The land section shall identify the land with reference to Master Plan, ROR and other relevant records and shall conduct preliminary survey

and investigation to ensure feasibility of the scheme. Survey report and investigation record is to be maintained by the land section, in a

register. The register shall reflect the detail particulars of the employees/ organization/ institution and/or authorized person conducting the survey, the area under survey, location of the land

with reference to the revenue map and the master plan/ comprehensive development plan, if any, the provision of road facilities, other infrastructural amenities available, the detail of the

Mouza in which the land situates including the detail of khata No., plot No., with reference to revenue record and records available in

G.A. Deptt., if any, and the aforesaid register shall also contain signature of the heads of the land division. The Register shall be in accordance with the format prescribed herein under this scheme.

3.1 The Register so prepared with the enclosures therein shall be placed before the Vice-Chairman for his approval. The Vice-Chairman, may

approve the proposal or refer the proposal for further scrutiny by a Committee constituted by him comprising of responsible officials of BDA including land, finance, planning, engineering and legal side

and/or other officials/experts from outside. The Committee so formed, if any, shall be required to submit a comprehensive report, which shall be placed before the Vice-Chairman for his consideration.

The proposal, if approved, shall be sent to Land Section for action.

3.2 In case the land belongs to departments of Govt. and/or any local

authority and/or instrumentality of Govt., the concerned department in Government shall be requested to allot the land for the purpose of scheme on terms and conditions fixed therein. In case agreed upon,

the BDA may take over the possession of the land either on execution of the lease deed or on the basis of transfer of ownership. Awaiting execution of the lease deed and/or transfer of the ownership, BDA

may take advance possession of the allotted property in order to avoid delay in execution of the scheme. For this purpose, BDA may enter

into any understandings on such terms and conditions as required in the interest of the scheme. In case, private lands are to be acquired, the concerned department in Govt. may be required to proceed for

land acquisition in accordance with the provisions of land acquisition Act and Rules framed there under and shall hand over the land to

BDA for its use. BDA may acquire the property in accordance with


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Section-74 of O.D.A Act or in course of execution of town planning scheme and may utilize such property or part of such property for the

purpose of a specified scheme.

3.3 After taking over physical possession of the land by BDA, the

Engineering Section and/or Planning Section as the case may be, shall prepare the necessary sub-divisional lay out, detail of design and drawing of any structure, if any, to be constructed. The said lay

out shall be placed before the Vice-Chairman for approval. The Vice-Chairman may approve the proposal on such modification/ modifications as he deems fit and/or may refer the same for scrutiny

and approval of any “committee” constituted under the building regulation and/or the authority as the case may be.

3.4 On approval of the lay out drawing and design thereof, the proposal may be placed in the finance division for cost estimate. The cost estimate, if any, shall be tentative and subject to escalation. The

Finance Division may take necessary advice/suggestion from other concerned divisions, if it feels so, in order to arrive at cost estimate

and the viability of the project. The detail of the report furnished by the Finance Section shall once again be submitted before the Vice-Chairman. The Vice-Chairman on such modifications may refer to

place the proposal for approval of the Authority. The proposal once approved shall be sent to Allotment Section for preparation of Brochure.

4. BROCHURE

4.1 The Allotment Officer shall be competent to prepare the draft

brochure within the time prescribed by the Vice-Chairman. The draft brochure shall be placed before the brochure committee framed by the Vice-Chairman comprising of such officer/officers of the authority

and/or the officers of the other departments having expertise to aid and advice to formulate the conditions of the brochure. The Vice-Chairman may also nominate any of the outsiders having sufficient

expertise in connection with the formulation of the brochure. The committee shall scrutinize the draft format of the brochure prepared

by the allotment officer and may suggest such modification/modifications, if any, required for the purpose to ensure smooth execution of the scheme and allotment procedure.

4.2 The draft brochure so prepared shall be presented before the Vice-Chairman for approval. The Vice-Chairman may require vetting

through legal department/legal consultant, if any, and may modify the draft brochure so suggested by the Committee. The draft brochure shall be placed before the authority for approval. The

authority may accord approval of the brochure on such modifications, additions, and alterations, if any. The decision of the authority shall be final for all purposes.


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4.3 The brochure so prepared may specify the following amongst others specifications. However, the specification prescribed hereunder is for

the purpose of guidance only and absence/variation of any of such conditions specified hereunder shall not invalidate the brochure. The

brochure so prepared shall be the guiding rule so far as the particular scheme is concerned.

4.4 The Brochure shall be in conformity with the Scheme and any

condition of the brochure, in case, it runs contrary to the scheme framed, shall be construed inoperative and the provision of the scheme shall prevail.

a) Introduction

b) Location of the scheme along with the site map. It shall also

mention distance of the site from important land marks.

c) Scheme details comprising of:

Type and number of assets covered by the scheme.

Common facilities such as approach road, water supply and sewerage, community centers, parks and other common

facilities.

Special features relating to construction and safety aspect.

Layout drawings, with detailed land use analysis.

Land allotment order.

The scheme details such as costing, land details, amount

payable, and mode of payment to be computerized by the relevant divisions.

d) Application procedure including mode and time limit for deposit

of EMD.

e) Last date for receipt of completed applications along with EMD

and relevant documents.

f) Mode of receipt of applications.

g) Eligibility criteria for allotment

h) Reservation for various categories of applicants.

i) Withdrawal/ cancellation/ rejection of application and

consequence thereof including refund of EMD.

j) Modalities of allotment

k) Modalities regarding handing over of possession.

l) Modalities regarding execution of sale/lease cum sale agreement


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m) Ownership

n) Pricing under various options i.e. out right purchase and

installment payment, wherever applicable, giving details regarding each installment and penal interest etc. to be charged

in case of default.

o) General conditions.

p) Application form

q) Format of declaration to be signed by the applicant

r) Format of affidavit to be furnished by the applicant

s) Watch and ward expenses to be recovered in case the allottee

does not take possession within due date.

t) Service charges to be paid by allottees for the purpose of

maintenance of common amenities and its duration.

u) Such other terms and conditions, eligibility criteria,

undertakings, if any, decided and approved by the authority.

5. ADVERTISEMENT

5.1 On due approval of the Vice-Chairman, necessary advertisement may be floated inviting application from the public at least in two local

vernacular and one national English language daily having wide circulation in the State and nationwide. The Vice-Chairman may also refer to float the advertisement in any other media if according to him

it is necessary in the interest of the public.

5.2 The advertisement may also specify the website requiring the allottees to refer to the information available therein.

5.3 The advertisement may in brief specify the following information.

1) Short description of the scheme.

2) Location and description of the site situation.

3) Brief description of the assets to be developed in the scheme.

4) Mode of obtaining brochure and application

5) Last date and mode of submission

6) Eligibility criteria of the applicants

7) Any other conditions require to be specified in the advertisement

for grater interest of the public and applicant

8) Website reference, if any.


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5.4 The last date of advertisement shall be deemed as the date of closure of the scheme for the purpose of the allotment of assets to be made

under the scheme, unless the period is extended further in a notice made in the manner prescribed under clause-5.1

6. SCRUTINY OF THE APPLICATION

The Vice-Chairman may constitute a “scrutiny committee” comprising of the officials of the BDA of which the “allotment officers” shall be the

convener. The scrutiny committee shall ensure scrutiny of applications received and applications rejected. The list so prepared shall be placed before Vice-Chairman for final approval. In order to systematize the

activities, computer and compute generated system may be adhered to. A register with comprehensive details should also be prepared so that any

failure in electronic system may not affect the information available in the BDA.

7. ALLOTMENT PROCEDURE

7.1 The allotment shall be made either through lottery or on auction basis as per the decision of the Authority. The procedures of

allotment through lottery are enumerated hereunder. The procedure

for auction of assets is given separately in the form of Brochures-cum-application form for both the constructed assets and plots of

land at Appendix-A and B respectively.

7.2 The Vice-Chairman, for the aforesaid purpose shall constitute a “Lottery Committee” comprising of the responsible officers of the BDA including him and/or others.

7.3 In case the valid applications are less than the assets available, the authority shall hold lottery for the purpose of allotment of specific

assets only. In case the applications are more than the available assets, the allottees shall be selected through a lottery to be conducted in the manner prescribed hereunder.

7.4 The selected allottees shall also be distributed the asset no. through a lottery.

7.5 The date and venue of the lottery shall be notified in the newspaper requiring the applicants or his/her agent to be present and participate in the selection process. The authority may invite such

other reputed person and/or persons of the locality who shall remain present along with the members of the allotment committee to ensure fairness in the selection process.

7.6 The lotteries drawn shall be separate for separate class of allotments, if any. Any assets with additional advantages may be treated as

separate class of assets for the aforesaid purpose.


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7.7 The applicants who desire to avail the benefit of allotment under discretionary quotas shall be an applicant in respect of allotment of

general category and assets pursuant to the advertisement made in the manner prescribed. In case they remain unsuccessful, they shall

be considered for preferential allotment subject to fulfilling the required criteria/process of selection and/or decision of the authority, as the case may be. Any applicant who did not apply

pursuant to the advertisement referred to supra shall not be eligible for consideration of allotment under discretionary quota.

7.8 After selection of the list of allottees, provisional allotment letter

(Anexure-1 & 2) shall be sent through Regd. Post/Speed Post as

will be suitable, in the address furnished in the application form. The provisional allotment shall specify such condition/conditions

including payment of escalation cost, if any, and/or provision for payment of escalation at the time of final allotment made. The allottees shall be bound by the conditions specified in the provisional

allotments.

7.9 The authority shall maintain a “special allotment register”,

(Annexure-3) scheme wise, which shall provide the detail of

information in respect of each individual allotment made to allottees.

As far as practicable, the computerized system shall be resorted to for proper maintenance and information use.

7.10 Consequent upon the provisional allotment made, allottees may be required to deposit the consideration amount within a time stipulated therein, on deduction of the application/earnest money deposited.

The allottee may deposit the total amount on arrangement from his own sources or may request the authority to avail bank loan, in case he or she desires and in that event, the allottee or financer shall have

to execute tripartite agreement (Annexure-4) in the format

prescribed here under the scheme.

7.11 In case the allottee fails to deposit the amount within the time

stipulated, the allotment is liable to be cancelled and the EMD forfeited. However, Vice-Chairman may allow reasonable extension of time not exceeding six months on the request of the allottee, at his

sole discretion. In this case, the allottee shall be required to pay interest at the rate to be fixed by authority and referred to in the brochure. The application for extension shall be addressed to the

“Allotment Officer”. Submission of application shall not if so facto be treated to have been allowed unless made so in writing within. The

extension time period for payment shall not be treated as a matter of right. The BDA reserves the right to consider these applications in suitable and proper cases. The extension of time shall be allowed by

Vice-Chairman at his sole and unchallenged discretion.


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7.12 In case the scheme requires two stage allotment process followed by a final allotment letter on terms and conditions fixed therein, it shall

follow the same sequence as has been referred to in clause-7.13.

7.13 In case the project involves constructions of structures, the brochure

so published may specify the period of completion of the construction and consequential handing over of the same after completion of the constructions. The BDA shall strive to comply with the same within

the time stipulated. In case of any delay in completion of construction, it shall entitle the allottee interest accrued upon the amount deposited at the rate specified in the brochure. However, in

case of any default by allottee in payment of the amount, if any, either in installments or in lump sum as specified in the provisional

allotment letter, it shall not entitle the allottee such benefit of interest. However, BDA shall have the right to extent the period of completion of the project in case the contingencies compel to do so in

form of “force majeure” or situations beyond its control.

7.14 In case of any default in payment of the amount in terms specified in

provisional allotment or in the final allotment even after the expiry of the period of extension shall entitle the BDA to cancel the allotment on forfeiture of the EMD. But, however, any amount deposited over

and above the EMD, shall be refunded to the concerned allottee on submission of the challan and/or on submission of necessary receipt of such payment and in such event, BDA is not liable to pay any

interest accrued upon the said amount.

8. DISCRETIONARY ALLOTMEN

Allotment under discretionary quota of the Authority has been abolished vide Government in H & UD Department letter No.35122, dt.20.12.2011. Henceforth there will be no provision for allotment of assets under

discretionary quota of the Authority.

9. ELIGIBILITY CRITERIA

9.1 Must be citizen of India

9.2 Must be a major

9.3 In case of minor child, the natural parents, de facto guardian or guardians appointed by the competent court shall be eligible to apply.

9.4 One family shall be eligible for only one allotment under one housing

scheme. For the purpose, “family” comprises of husband, wife and minor children.

9.5 He /she or his / her family members should not have been allotted any house / plot by the BDA / Odisha State Housing Board (OSHB)/ G.A. Deptt. / Any other Govt. agency in the BDA Development Area.


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9.6 Any family purchasing a plot/house under any scheme floated by BDA under third party transfer shall be deemed as an allottee under

a scheme and shall not be eligible to apply under any other housing scheme floated/ to be floated by BDA.

9.7 In case of transfer or allotment of a residential plot or a house made by the BDA, it shall not entitle the family for further allotment.

9.8 Any cancellation of allotment for non-payment of dues of BDA, it shall

be deemed as an allotment and accordingly the family shall not be entitled to any further allotment under any other Scheme.

9.9 Any allotment made but cancelled due to suppression of facts shall

not entitle the “family” for any further allotment under any other scheme.

10. HANDING OVER OF POSSESSION

10.1 Possession letters (Annnexure-5 & 6) shall be issued to the allottee

after clearance of all dues by the allottees including interest, penal interest, energy charges, watch and ward and other dues, if any, as

per the brochure condition.

10.2 The letters shall be issued through Regd. post in the address furnished by the allottee in the application form. However, the

allottee may inform BDA about change of address, if any, by a registered letter with reference to his registration No. before 30 days

and the BDA shall refer to such address on and from the date the address is entered in the concerned Register. The latter’s change of address shall be addressed to the allotment officer.

10.3 The allottee shall ensure taking over possession on the date fixed in the possession letter. In case of any delay, it shall entitle BDA to

impose watch and ward charges to be calculated till the date of taking over possession.

10.4 The authority shall stipulate the condition for payment of pubic

amenity charges, for street light, energy used for public amenities, water supply and other misc. services rendered to the allottee till the scheme is handed over to the local body and/or the house is

assessed to holding taxes imposed by the local body, which ever is earlier. The charges shall be levied on and from the date of taking

over possession stipulated in the possession letter irrespective of any contingencies including the reason of not taking over possession of the properties.

10.5 In case possession is not taken over within 6 months of issuance of possession letter, the authority reserves the right to cancel such allotment on such terms and conditions fixed by the authority in

consideration of the scope and provision of the concerned scheme.


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11. EXECUTION OF LICENSE AGREEMENT FOR OFFICE SPACE/ COMMERCIAL SPACE / SHOPPING UNITS

11.1 If it is decided by the Authority to allot the assets in favour of beneficiaries/allottees on long term instalment basis from a

particular scheme, after deposit of EMD the allottee is required to

execute the Lease-cum-Sale Deed which is in Annexure-7. The

possession of the asset will be delivered to the allottee only after execution of such agreement.

11.2 If the Authority decide to let out the office space either in favour of an individual or an institution, after deposit of the required advance

license fee/rent the agreement in Annexure-13 will be executed

with the license. The possession of the office space will be delivered

after execution of such agreement.

11.3 Similarly, at the time of letting out of shop the license has to execute an agreement before delivery of possession. The model agreement is

in Annexure-14.

12. EXECUTION OF THE LEASE DEED

12.1 A Lease deed shall be executed in favour of the allottees within three

months of the execution of the lease deed by the Government in concerned department. The draft format of the lease deed

(Annexure - 8, 9, 10, 11 & 12) is prescribed in the Scheme. The

authority however reserves the right to add, alter or modify the terms

and conditions of the lease deed keeping in view the interest of the authority and objective of the scheme concerned. The reference of the lease deed in gist shall be entered in the concerned allotment register

for future reference.

12.2 Parties to the lease deed are bound by the terms and conditions of

the lease deed for all purposes. But, however, the conditions of the lease, if runs contrary to the lease executed in favour of the BDA by the Govt. in concerned department, shall over ride any of such

conditions of lease executed in favour of the allottee.

12.3 The allottees are liable to pay processing fee for execution of lease

deed as would be decided by the Authority time to time.

12.4 The following conditions must have been fulfilled before execution of the lease deed;

(i) Lease deed must have been executed in between BDA and Government in respect of scheme land.

(ii) Allottee concerned should have cleared all the dues in respect of

allotment of assets.


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(iii) In case of issuance of any show cause notice to the allottee by B.D.A. for violation of any or all of the terms and conditions of the

allotment, the lease deed shall not be executed unless and until the issue is disposed of by B.D.A. in favour of the allottee.

13. THIRD PARTY TRANSFER

13.1 An allottee shall be eligible to transfer the asset only after five years from the date of handing over of physical possession.

Provided that if the allottee is in dire need of money, he can surrender the asset to BDA at the cost price plus interest @ 5% per annum compounded annually within the time prescribed for the

third party transfer at the sole and absolute discretion of the Vice Chairman.

13.2 (i) In case an eligible allottee desires to transfer an asset,he/she shall

apply for such transfer in the prescribed format (Annexure-16),

which shall be accompanied with evidence in support of payment of the prescribed fees. After receiving the application the concerned

allotment section will process the matter after due checking the

documents which shall be delineated in the checklist (Annexure-17). The statement of allottee/transferer will be recorded by the

Allotment officer or any other officer authorized by the Authority from

time to time for such work. The model format is in Annexure-26.

The format of permission order for third party transfer is prescribed

herein the Scheme (Annexure-18, 19 & 20).

After permission of the transfer the allottee/transferer and transferee shall have to execute a tripartite agreement/Indenture for sale with

BDA in format (Annexure-15).

(ii) In case an eligible allottee desires to transfer the asset, he/ she

shall apply for such transfer in the prescribed format (Annexure-16) which shall be accompanied with evidence in support of payment of prescribed processing fee.

(iii) (a) In addition to the payment of processing fee, the transferor is liable to pay 10% of the differential amount between the

acquiring cost of the assets paid by the allottee at the time of allotment and sale cost of the asset indicated in the application form towards betterment fee to BDA.

(b) After permission of transfer, the transferor and transferee shall submit the Indenture for sale for execution/ registration

within one month from the date of permission to transfer the asset failing which the permission will stand automatically cancelled.


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(iv) (a) In case the allottee intends to transfer the assets by way of gift to any member of his family (for this purpose family means

wife/husband and minor or dependent children), he/she is liable to pay 1% of the value of transfer as declared by him/her

in the application form as betterment fee in addition to the prescribed processing fee for permission to transfer.

(b) If the cost of asset indicated by the allottee in the application

form is found less than the bench mark value as determined by DSR at the time of execution of Indenture for sale, the allottee is liable to pay additional betterment fee taking into account the

bench mark value and betterment fee paid earlier.

13.3 Consequent upon death of any allottee, the mutation of the allotment

for the assets may be allowed in favour of the legal heirs on the application being made by them. No application money or processing fee shall be charged for such mutation. The applicants shall be

required to cause notice inviting objection published in one widely circulated Oriya local daily. The objection received, if any, shall be

dealt in accordance with law. In case no objection is received, the application for mutation shall be allowed and the record shall be corrected accordingly in the name of the legal heirs. The legal heirs

shall be bound by all consequences arising out of the subject matter under allotment in their favour.

13.4 The transfer shall not be entertained unless the full due relating to

the asset, including interest and penal interest, if any, are cleared up. The transferee shall also give undertaking to clear up arrears of

land revenue, electricity charges and other statutory dues, if any, found due in future in respect of the subject matter under transfer. The transferee shall also give an undertaking that he shall be bound

by the terms of the lease executed in favour of the transferor and shall use the asset for the purpose, for which it was allotted. The

model form of mutation order is in Annexure-21.

13.5 The transferor shall be required to submit clearance/no objection

certificate from the concerned financial institutions in case the property stands at security for the purpose of loan availed.

13.6 BDA shall also cause a notice to the concerned financial institution inviting their reaction within 30 days in connection with the application for transfer of such assets stood as security consequent

upon NOC/Tripartite agreement executed by BDA. In case, no reaction is received within 30 days, the BDA shall proceed for consideration of application for transfer. Any objection by the

financial institution, if any received, shall be communicated to the transferor for compliance within 30 days hence or otherwise the

application for transfer shall be rejected on a written order to be communicated to all the parties.

14. CANCELLATION OF ALLOTMENT & EVICTION


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14.1 Cancellation of an allotment may be made in the following circumstances:

a) Default in payment dues.

b) Non-taking of possession within the prescribed time.

c) Use of the asset for purposes other than purpose for which it

was allotted.

d) Violation of any terms & conditions of the lease agreement/deed.

e) Undertaking unauthorized construction over the asset deviation from the plan of the scheme and/or norms of the BDA Planning

and Building Standards Regulations as applicable at the time.

14.2 In case of default in dues, cancellation procedure shall be started as

follows:

In case of default in payment of installment after default in payment of two installments.

In case of default in payment of rent after default in payment of two installments.

In case of default in payment of rent after default in payment of

three months rent.

14.3 The Allotment Officer shall issue a show-cause notice (Annexure-27 & 28) for cancellation assigning reason therein and requiring the

allottee to submit the show cause within a period specified in the notice. In case no show cause is received, BDA shall issue

cancellation letter (Annexure-29). In the event of receipt of show

cause, the Allotment Officer shall consider the same and pass a

reasoned order either affirming cancellation or rejecting the same. This order shall be approved by the Vice-Chairman. The decision

thereof shall be communicated to the allottee as well as the concerned Section for compliance within the time stipulated by the Vice-Chairman.

14.4 In case a cancellation order is passed, the allottee shall be required to vacate the asset within the time stipulated in the notice to be issued

in the format prescribed herein the scheme. Eviction proceedings shall be instituted by the Estate Officer in case of non-compliance of the notice referred to above and after receipt of the requisition from

the allotment branch (Annexure-30). The Estate Officer shall

proceed in accordance with law to ensure eviction through an officer deputed by the BDA.

14.5 If the person to be evicted, resists or obstructs the officer or employee

deputed for eviction or if he re-occupies the assets after eviction, the


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Authority shall prosecute him under Section-188 of the Indian Penal Code.

14.6 The order of cancellation shall be recorded in the concerned Register maintained for the purpose.

14.7 After cancellation of allotment/determination of agreement if the Ex-allottee will deposit the outstanding dues with all other applicable penal dues, the Authority may consider his/her request basing upon

the prevailing procedure for restoration of such allotment/agreement.

The model format of restoration order is in Annexure-32.

15. INITIATION OF PROCEEDINGS UNDER THE PROVISIONS OF ODA ACT.

15.1 At the time of consideration of NOC/permission to mortgage, if the allottee has no approved plan as per actual construction at site,

he/she has to deposit the security money and undertaking in shape

of affidavit (Annexure-35) to the effect that he/she will abide by the

decision of the Authority for such construction.

15.2 Similarly, if the allottee has no approved planas per actual

construction at site, for consideration of his/her request to change the allotment / permission to transfer he/she has to deposit the security money as will be decided by the Authority from time to time

and undertaking in shape of affidavit (Annexure-35) from the

intending transferee to the effect that the intending transferee shall abide by the decision of the Authority for such construction.

15.3 After deposit of the security money and affidavit the allotment branch

will request the Enforcement Section for initiation of proceeding

under Section-91 of ODA Act. The format of petition is in Annexure-31.

16. NO OBJECTION CERTIFICATE (NOC)/PERMISSION TO MORTAGE

16.1 No objection certificate (NOC) shall be issued to the allottee who wishes to mortgage the assets for securing financial assistance from

Banks, Financial Institutions etc. either before or after execution of lease deed.

16.2 Allottees desired of obtaining NOC shall apply in the prescribed

format (Annexure-34) specified in the scheme on payment of

prescribed fees decided by the authorities from time to time.

16.3 The Allotment Branch shall send the application alongwith the

concerned file to the Land Section who after spot verifications shall give clearance to the Allotment Branch to issue NOC.


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16.4 On receipt of clearance from the land Section, the allotment Branch shall check all the documents required for the purposes in checklist

(Annexure-22). Then the allotment branch shall issue NOC to the

allottee in the format Annexure-23.

16.5 Conditional NOC will be issued to the defaulter installment allottees subject to the condition that:

i) Bank will intimate in writing that the loan amount will be

released direct to BDA

ii) Tripartite agreement will be executed by BDA with the allottee

and the Bank/financing institution (Annexure-4).

The format for NOC is in Annexure-24.

16.6 Prior to execution of lease deed, an allottee can avail loan NOC after

execution of tripartite agreement.

16.7 If the lease/ lease-cum-sale deed has been executed in such cases the Authority shall accord the permission in favour of the allottee to

mortgage the allotted asset for availing the loan, the procedure applicable in case of NOC shall be attended by the allotment branch.

The permission letter is in Annexure-25.

17. AUCTION OF ASSETS THROUGH COURT PROCESS

In case of any default of payment of dues, the financial agency may proceed for attachment/auction of the property in accordance with law

governing the field. In such even, the concerned bank shall require to apply for necessary permission for transfer of the secured assets in favour of the auction purchaser on payment of such due/dues as is applicable in

case of third party transfer. Permission shall only be accorded after clearance of all the dues payable to the BDA. BDA reserves the right not to accord such permission in case of non-payment of dues payable to the

Authority. The BDA shall have the right to recover its dues in respect of such properties in accordance with procedure prescribed under the ODA

Act, Rules and the scheme framed herein.

18. INTIMATION TO COLLECT THE GROUND RENT

As per terms & conditions of agreement/lease/lease-cum-sale deed the

allottee is required to deposit the ground rent with concerned revenue Inspector who requires intimation from BDA to receive such rent from the

allottee. The model form of intimation is in Annexure-33.

19. MAINTENANCE OF RECORDS

19.1 Property Register:


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Property register for built property in the format specified in

Annexure-36, shall be maintained by the Allotment Branch.

19.2 Allottee wise collection Register :

Allottee wise collection register shall be maintained giving the particulars of the payments made by the individual allottees and the

amount due from them. The payments made by the allottees shall be recorded from the copy of the bank challan that is received by the

Allotment Branch. The format of the allottee register is given in

Annexure-37. In case of default in payment, interest at the rate of

current PLR plus 2% shall be charged.

19.3 Allotment Sub-Ledger :

The Allotment Branch shall maintain an allotment sub ledger

showing the status of all properties in the format given in Annexure-38. The sub Ledger shall be updated for any future transfer/

cancellation of the allotment.

19.4 Party Confirmation :

Every quarter account statement in the format given in

Annexure-37 shall be sent to all allottees along with covering letter

in the format given in Annexure-39 for their confirmation. In case of

any objection raised by the allottees regarding the facts mentioned in the confirmation, the same should be confirmed and if necessary rectified within seven days for receipt of objection.

19.5 Rent/Electricity/Service Charges :

Separate register shall be maintained in the format given in

Annexure-40 for collection of rent/electricity/service charges in

case of assets given on lease.

19.6 Every quarter ending 30th June, 30th September, 31st December and

31st March, the party wise balances appearing in the allottee wise

collection register (Annexure-37) shall be reconciled with the party

wise collection sub-ledger maintained by the Finance Division as mentioned in Clause-19.3 of this manual.

20. INTERPRETATION

If any question arises relating to interpretation of any of the provisions of the scheme, the interpretation of Vice-Chairman is final and binding. If

the Vice-Chairman feels, he can refer the same to the Authority for decision.

21. REPEAL AND SAVINGS


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Any decision of the authority in connection with the allotment and/or orders passed by any of the officers of the Authority specifying any criteria

for allotment of assets are hereby repealed.

Provided that any allotment made or action taken pursuant to such

decision of the authority and/or under the orders of officers of the Authority shall be deemed to have been made or taken under the provision of the scheme and the said decisions/actions/orders shall not

be reopened consequent upon the enforcement of the scheme.


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Annexure-1

BHUBANESWAR DEVELOPMENT AUTHORITY BHUBANESWAR

No.________/BDA, Bhubaneswar, date__________

To ______________________________

______________________________ ______________________________

Sub: Allotment of House No._______________ under ___________________________ ________________________________________________________ Scheme.

Sir,

With reference to the above subject, I am to say that you have been allotted House No.________________ under ____________________________________

________________________________________________ Scheme with total cost of the asset amounting to Rs._______________/- (Rupees ____________________________ ______________________________ only). After deposit of total cost of house you

will be intimated for taking over of possession. The allotment of house is under the following terms and conditions.

Terms and conditions :

1. The asset shall be allotted on “As is where is basis”.

2. The asset shall be allotted on lease.

3. The allottee shall pay all rents, taxes, cessess and other outgoing payable in respect of the apartment to the state and central Govt., Bhubaneswar Municipal Corporation and other local or public authority.

4. The allottee shall not, without the prior written permission of the BDA, use the apartment/House for any purpose other than the residential use.

5. The allottee shall not have right to transfer by way of sale, gift, mortgage or assignment or sub-let or otherwise part with the possession of the whole or any part of the said apartment/house without obtaining the

prior written approval of the Vice-Chairman, BDA who has been authorized to accord such permission vide G.A. Department order No.6526/CA dated.21.6.86

6. In the event of transfer being made without obtaining the prior written approval of the Vice-Chairman, Bhubaneswar Development Authority,

such transfer shall be void and not binding to BDA in any manner. The


Page - 19

possession of the apartment/ house so allotted shall be deemed to be illegal and unauthorized and cancelled.

Provided further that the allottee may after expiry of five years from the date his/her possession, request the BDA in writing to transfer the asset

and such transfer shall be made only after written permission granted on such terms and conditions as fixed there in the permission.

7. That the allottee shall not erect or build or permit to erect or build on the

apartment/house other than that hereby sold, nor make addition or alteration to the existing building at any time except with the written permission of the BDA.

8. The allottee shall not do any act or cause any act to be done on the said apartment which is likely to cause nuisance or disparagement, annoyance

or inconvenience to the BDA or to any other person(s).

9. The BDA shall not be responsible for any damage to the apartment caused by natural calamities like flood, earthquake, cyclones, or any other act of

God and explosion fire, riots etc.

10. The allottee shall abide by all conditions as per the provisions of the

Orissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984).

11. The allottee shall abide by all rules, regulations and by laws and other orders/directions that may be issued by Bhubaneswar Development

Authority in pursuance of the provision contained in the Orissa Development Authorities Act-1982 and (also in) the Orissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984) and rules made there under

so also the local, Municipal and Central Laws applicable in the context.

After taking over of possession, BDA will not take up any repair, addition

or alternation work.

12. The allottee shall furnish the undertaking of “satisfaction” in the format provided by BDA before taking over possession of asset and any complaint

thereafter in any respect shall not be entertained. The allottee, if dissatisfied with quality of work of construction, shall have option to surrender the allotment, and in such event, the BDA shall refund the

amount deposited without interest subject to submission of necessary papers required by the office in support of payment of the amount.

Provided, however, that such option shall be available to the allottee for a period of three months only from the date of issuance of letter by the BDA requiring to take over possession of the apartment/house. Any request

made/application submitted there after shall not be entertained and deemed rejected. All such application/request shall be addressed to

“Secretary” BDA and should be sent through Regd. Post or may be submitted in the office on due acknowledgement.

13. The allottee shall not use the asset for storage or sale of explosive, arms,

alcoholic, beverages, narcotic items, meat, fish, egg etc.


Page - 20

14. Possession of the asset shall be taken within six month from receiving the intimation from BDA. Otherwise, the allotment will be cancelled and the

amount deposited will be returned back without interest.

15. The allottee will abide by the terms and conditions of the brochure

scheme and lease deed and instructions of BDA issued from time to time.

Yours faithfully

Allotment Officer


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Annexure-2


No.________/BDA, Bhubaneswar, date __________

To ______________________________

______________________________ ______________________________

Sub: Allotment of Plot No.____________ under ________________________ Scheme - for residential.

Sir,

With reference to the above subject, I am to say that you have been allotted Plot No._________________ under ______________________________________

Scheme with total cost of the asset amounting to Rs.________________/-(Rupees _____________________________________________ only). After deposit of total cost of the plot, you will be intimated for taking over possession. The allotment of

plot is under the following terms and conditions.

Terms and conditions:

1. The asset shall be allotted on “As is where is basis”.

2. The asset shall be allotted on “lease” basis.

3. The allottee shall not, without the prior written permission of the BDA,

use the property for any purpose other than the use for which it is allotted.

4. The allottee shall not assign transfer on sale, gift or mortgage or sub-let or

part with the possession of the whole or any part of the asset without the prior written permission of the BDA. All such unauthorized transfer,

assignment shall be void and BDA shall not be bound by any consequences arising out of such transaction and shall have the right to re-enter/repossess the allotted property as being the “ Lessor”.

5. The allottee shall not make any additions or alternations to the existing structure without obtaining the prior written permission of the BDA and without complying the statutory provisions of the Orissa Development

Authority Act., rules and regulations framed there under with modification made from time to time.


Page - 22

6. The allottee shall not do any act or cause any act to be done on the said asset which may or is likely to cause nuisance and dispar or disparage

meant and/or annoyance and/or inconvenience to BDA or to other persons.

7. All mines, mineral products, buried treasure, coal, petroleum, oil and quarries whatsoever under or within the premises shall be the asset of the Governor of Orissa.

8. The allottee shall abide by all conditions as per the provisions of the Orissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984) and amendment, if any, made from time to time.

9. The allottee shall (other-wise) abide by all rules, regulations and by laws and other orders/directions that may be issued by the Bhubaneswar

Development Authority in pursuance of the provisions contained in the Orissa Development Authorities Act, 1982 and (also in) the Orissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984) and rules made

there under so also the local, municipal and Central Laws applicable in the context.

10. The BDA shall not be responsible for any damage to the property occasioned due to natural calamities like flood, earthquake, cyclone and/or act(s) of same nature.

11. The allottee should not use the asset for storage or sale of explosive, arms, alcoholic beverage, narcotic items, meat, fish, eggs etc. and/or goods/ services prohibited under Law.

12. Possession of asset should be taken up within six months from receiving the intimation from BDA, and constructions shall be completed within

5(five) years of allotment. Otherwise, the allotment will be cancelled, asset taken back by the BDA and deposited amount will be returned back by BDA without interest.

13. The allottee will abide by the terms and conditions of the brochure scheme as well as agreement/lease deed and instructions issued from time to time.

Yours faithfully

Allotment Officer


Page - 23

Annexure-3

LLOTMENT REGISTER FOR LAND/FLAT Sl. No.

Name of the Applicant

Regd. No.

Asset Type

Asset No.

Asset Specification

Cost of the Asset

Mode of Payment

Date of Deposit

Amount (Rs.)

Balance Outstanding

Remarks


Page - 24


Annexure-4

TRIPARTITE AGREEMENT

THIS INDENTURE OF AGREEMENT made on this the day of _____________

_________________, 20_____ (Two Thousand _______________________).

AMONG

___________________________________ aged about _________ years, Son/wife

of _________________________________________ resident of ______________________ ________________________ hereinafter called as Borrower (which expression shall unless excluded by or repugnant to the context be deemed to include his/her

heirs, executors, administrators and legal representative) of the First Part.

AND

The_______________________________________________________________ Bank ___________________________________________________called as the Financier,

(which expression unless repugnant to the context shall include its successors and assigns), of the party of the SECOND PART.

AND

BHUBANESWAR DEVELOPMENT AUTHORITY, having its registered office at Akash Sobha Building, Sachivalaya Marg, Bhubaneswar, Dist.-Khurda represented through its Vice-Chairman/Secretary/Authorised official herein

after called as the Authority of the Party of the THIRD PART.

AND WHEREAS

The Primary objective of the Authority (Party of the third part) is to

promote and secure the development of schemes introduced by it according to the plan and for their purpose of development, authority undertakes different housing/ commercial/ plots/ complex/ apartment/ houses for residential/

commercial purposes.

AND WHEREAS

The development authority, party of third part vide its letter No __________

dated ______________ and letter No ____________ dated ______________ allotted a piece and parcel of land/shop/complex/residential/commercial complex/ apartments/house bearing individual No.__________________________ measuring

Ac..________________ in the ______________________area ( herein after referred to as the scheme property) for a total consideration of Rs._____________/- (Rupees

______________________________________only) in favour of the borrower (Party of the first part) on the terms and conditions stipulated therein.

AND WHEREAS


Page - 25


Under and in consideration of the allotment letter, the borrower has made over total payment of Rs._____________ to the authority towards allotment of

the said schedule property.

AND WHEREAS

The execution of lease-cum-sale deed/lease deed is delayed due to the

reason beyond the control of the authority.

AND WHEREAS

The borrower approached the party of the second part, the financier to avail a loan for the purpose of payment of _________ and in consideration of the

approach made by the borrower, the financier/bank agreed to finance a loan.

AND WHEREAS

The borrower as well as the financier approached Bhubaneswar

Development Authority to enter into a tripartite agreement in order to ensure submission of the lease –cum- sale deed in favour of financier (Party of the second Part) on behalf of the borrower collateral security/equitable

mortgage/assignment or which ever terms it may mean and include the same. Therefore, it is hereby agreed by between and among the parties hereto as

follows:-

1. The Development Authority undertakes to convey an unencumbered, clear and marketable title by way of registered lease/conveyance deed to the borrower.

2. The borrower agrees and authorizes the development authority to note the

charges in favour of the financier on the said schedule property in their

records as a security against the loan financed by the Borrower subject to further terms morefully specified hereunder & further agrees to send the

Regd. Lease Deed/Conveyance deed directly to the bank (Party of the Second Part).

3. Where NOC is issued for repayment of dues of BDA, the Bank should disburse the sanctioned loan amount to BDA directly for on behalf of the

borrower. 4. The borrower and the Authority further agrees that they will not allow any

kind of transfer of the said land by way of sale, gift, mortgage during subsisting loan period without the prior consent of the Bank and further no person would acquire any title thereof so long as the borrower is

indebted to the Bank and/or has not obtained a certificate/ undertaking/ clearance in respect of liquidation/discharge/further charge from the

financier not withstanding any thing as stated above in para-3, any resumption in violation of the lease terms shall vest the schedule property upon the Authority free from encumbrances.


Page - 26


5. The Bubaneswar Development Authority shall have no liability in respect of any loan sanctioned and/or disbursement /payment made and/or in

default on the part of the Borrower towards the payment. The liability if any, under aforesaid loan are strictly limited between the parties of the

first part and the party of the second part only. The liability of the Third Party is strictly limited to submission of lease –cum-sale deed before second party financier only.

6. Pending execution of the lease-cum-sale deed, any action taken by the

Party of the Second Part for sale, auction, attachment and /or any other

similar transaction shall be subject to the permission of the Party of the third Part on such terms and conditions, if any, to be fixed therein. In

such event the party of the third party shall not be responsible in any manner in respect of the such transaction between party of the third part and the party of the second part. For the purpose, the usual conditions of

the draft lease agreement followed by the party of the third part (BDA) shall be deemed as the conditions binding to the parties of the agreement.

However, the terms of the lease deed shall govern any action taken on and from the date of its execution before the registering Authority.

7. The third party’s liability under this tripartite agreement shall be deemed to have ceased/cancelled soon after the execution of the lease-cum-sale deed in favour of the borrower/allottee and on submission of the same

before the second party. Not withstanding any thing contained to the contrary herein above agreed, all the parties receive their right for any

modification/alteration of the terms on express execution of the modified deed/agreement.

SCHEDULE OF PROPERTY

In witness whereof the parties here to have set and subscribed their hand

and seal on the date aforementioned in presence of the witness named below.

Witness:

1.

Signature of the party of the First part 2.

1. Signature of the party of the Second part

2. 1.

Signature of the party of the Third Part 2


Page - 27


Annexure-5

POSSESSION LETTER OF PLOT


Page - 28


Annexure-6


No.________/BDA, Bhubaneswar, date __________

To The Junior Engineer-in-charge

Division No.________, BDA, Bhubaneswar _______________________ Housing Scheme

Sri/Smt. ________________________________________ House No._____________ under _______________________________________________ Housing Scheme may be allowed to take over advance possession of the said house pending detail

accounting, execution of lease deed. His/Her signature is attested below.

You are requested to intimate the undersigned the date on which the

physical possession of the aforesaid apartment has given to the allottee.

Allotment Officer/

Signature of the allottee Section Officer (Allotment)

Memo No.________/BDA, Bhubaneswar, Date __________

Copy forwarded to the allottee for information and necessary action. He is

requested to contact the Executive Engineer, Division No.___________, BDA and take over physical possession of the house within a fortnight.

Allotment Officer/

Section Officer (Allotment)


Copy forwarded to E.E.,Divn.-I/II/III,BDA for information and necessary action.

Allotment Officer/



Page - 29



Copy forwarded to Executive Engineer, P.H, Bhubaneswar/Asst. Engineer,

P.H, Bhubaneswar/Executive Engineer, CESCO, Bhubaneswar/ Asst. Engineer, CESCO, BBSR/Executive Officer, BMC/Tahasildar, Bhubaneswar/ R.I, _________________ for information and necessary action.

The Tahasildar, Bhubaneswar is requested to realize the ground rent @ Rs._____________ per annum of the cost is subject to revision of rent in the Govt. of Orissa.

The Authorisation letter shall be treated as NOC for the purpose of obtaining the water supply and electricity.

Allotment Officer/ Section Officer (Allotment)

To be used by concerned Junior Engineer

(Through the concerned Executive Engineer)


Copy to Allotment Officer-I/II, BDA for favour of information of House

No._____________ under _____________________________________________ Housing Scheme has been handed over to the allottee Sri/Smt. ________________________

on dt.__________.

Junior Engineer


Page - 30


Annexure-7

LEASE-CUM-SALE AGREEMENT

THIS DEED OF LEASE-CUM-AGREEMENT FOR SALE executed at Bhubaneswar this ______ day of _________________ Two thousand and _________

BETWEEN THE BHUBANESWAR DEVELOPMENT AUTHORITY, a body corporate constituted under the provisions of Orissa Development Authorities Act, 1982 (Orissa Act-14 of 1982) represented through its Secretary

(hereinafter called the First Party which term shall wherever the context so permits, mean and include its successors in interest and assigns) of the one

part.

AND

Sri/Smt._________________________________________ Aged _________ son of/

Wife of ____________________________________ Village___________________________ Post __________________________________ P.S__________________________________ Dist.___________________________________ State_____________________________ at

present _____________________________________________________________________ by profession ______________________________ (hereinafter called the Second

Party which term shall wherever the context so permits mean and include his/her heirs, successors and permitted assigns) of the other part.

WHEREAS, the Governor of Orissa by a deed of lease executed in favour of First Party has demised to the first party for purpose of framing the

__________________________________ Housing Accommodation Scheme for selling or leasing out those plots with houses for residential purpose, the lands more fully described in the Schedule “A” hereto annexed with all easements &

appurtenances, if any, for a period of 90 years and thus the First Party is the lessee in respect of the Scheduled site and the Second Party hereby acknowledges that he/she has perused the said lease deed and has

understood the contents thereof.

AND WHEREAS THE FIRST PARTY has framed the said _________________ Housing Accommodation Scheme.

AND WHEREAS the First Party has been duly authorized by the Governor of Orissa to transfer or lease out or sell the plots of land with houses

built thereon as provided in the said Scheme.

AND WHEREAS in pursuance of said Housing Scheme the First Party at

his own expense has developed and improved a plot of land and has constructed a building thereon in all that piece and parcel of land more particularly described in the Schedule ‘B’ hereunder and is hereinafter referred

to as ‘ the property ‘.

AND WHEREAS in pursuance of the said Housing accommodation Scheme, the Second party has applied to the First Party for purchasing the leasehold interest in the scheduled plot with house.


Page - 31


AND WHEREAS the First Party has agreed to sell or to transfer or to lease

out the plot with house under the said Scheme in favour of the Second Party, it is hereby agreed to between the parties hereto as follows:-

1. That on execution of this agreement, the Second Party shall be in

possession of ‘the property’ more fully described in Schedule ‘B’ to this

agreement and shall continue to remain in possession subject to the terms and conditions of this agreement.

2. That the second party shall pay to the First Party the full price of the property described in schedule ‘B’ to this agreement amounting to

Rs.___________ (Rupees _________________________________________________) only, by instalments out of which the Second Party has paid the first instalment amounting to Rs. ____________ (Rupees _______________________

______________) only and shall pay the balance of Rs.____________ (Rupees ___________________________________) only in _______ quarterly instalments

of Rs. ______________ (Rupees ___________________________________________) only each in advance on or before the 10th day of each English Calendar month and the first instalment of such payment shall commence on

____________. Provided that it shall be open to the Second Party to request in writing for

the First Party, converting the mode of payment from instalment basis to out-right purchase basis. In such a case if the first party accepts the

request, the Second Party will pay the commitment charges at the rate of one percent of the total cost of building subject to maximum of Rs.________ (Rupees _________________________________________) only.

3. That the Second Party shall pay the yearly rents amounting to

Rs.______________ in favour of Government of Orissa to be paid half yearly,

on __________________________________________ subject to any revision of rent, in the office of the Tahasildar, Bhubaneswar/Khurda or any other

place or places as may be appointed by the Governor in that behalf, the first of such payment of rent shall be payable on ____________.

4. That the Second Party shall pay all rates, taxes, cesses and other outgoing payable in respect of ‘the property’ to the State and/or Central

Government, Khurda /Jatni N.A.C. and any other local or public authority in time as fixed by them.

5. That the Second Party shall pay all charges for consumption of water and electricity in the premises to concerned authorities.

6. That in case the Second Party defaults in paying any instalment or dues payable to the First Party on the date, it falls due, the Second Party shall

pay interest at the rate of ___________ per cent per annum on the amount of such dues from the date when the same falls due.


Page - 32


Provided that rent, holding tax, other tax, rate cess or fees as may be payable by the First Party for the property to a local authority or State or

Central Government on default by the Second Party to pay the same shall be charged on and payable by the Second Party to the First Party together

with interest thereon at the rate charged by the said authority or Government.

7. That compliance of all the terms and conditions of this agreement and on final payment of full price of ‘the property’ the First Party shall at the cost of the Second Party execute and register a deed of sale in favour of the

Second Party conveying the title, possession and all other interests it has in the demised property in favour on the Second Party and on execution of

the sale deed, subject to condition of the said deed the Second Party shall become the absolute owner of the property and shall become a lessee under the Governor of Orissa and the First Party shall not obstruct the

possession or peaceful enjoyment of ‘the property’ by the Second Party in any manner.

8. That the Second Party shall not use ‘the property’ for any purpose other

than residential without prior written permission of the First Party.

Provided that the Second Party shall not be allowed to store any

inflammable or obnoxious articles therein nor allowed it to be used for any

obnoxious purpose.

9. The Second Party shall not make any additions or alternations to the property without permission in writing of the First Party and without paying at least half the number of instalments fixed under clause-2

payable after signing of the agreement. 10. That the First Party may insure ‘the property’ against loss or damage by

fire with an insurance concern of repute of its own choice and the Second Party on intimation by the First Party shall pay the premia for such

insurance including charges for renewal and other incidentials as per actuals as and when they fall due to the First Party until the price of ‘the property’ is fully paid to the First Party.

11. That the Second Party shall keep ‘the property’ and every part thereof and

all additions and fixtures thereto and the boundary walls thereof and the drains and pipes and sanitary, electric and water supply installation in good and working order and shall be liable to carry out all usual repairs

structural or otherwise at his own expense and shall not do or cause to be done any work which is injurious or detrimental to ‘the property’.

12. That if the Second Party fails to carry out any repair to ‘the property’ which in the opinion of the First Party is necessary, it shall be lawful but

not obligatory upon the First Party to carry out such repair and recover the cost from the Second Party together with a surcharge of 12% thereon.


Page - 33


Provided that such repairs shall be effected only after a notice in writing is given to the Second Party by the First Party and the Second Party

commits default for one week in complying with the notice.

13. That the Second Party shall permit the First Party or his agents or officers with or without workmen or others at all reasonable times to enter upon ‘the property’ and to examine the conditions thereof or to carry out any

work in terms of these presents. 14. That the Second Party shall not assign, subject or part with the

possession of the whole or any part of ‘the property’ without the prior written permission of the First Party wich such conditions as the First

Party may impose. Any assignment etc. without permission of First Party or without compliance of any conditions imposed by the First Party while permitting such assignment etc. shall be void abinitio.

15. That in case the Second Party defaults in paying monthly instalments for

a continuous period of six months and does not pay the same in spite of notice by the First Party to that effect, the First Party may determine the agreement and on such determination the Second Party shall surrender

‘the property’ forthwith to the First Party. 16. That if the Second Party commits breach of any of the terms conditions

and convenants contained in this indenture the First Party may determine the agreement upon service of a notice to that effect and upon such

determination the Second Party shall be bound and liable to vacate and deliver to the First Party the vacant possession of ‘the property’ voluntarily free from all obstructions. In case the Second Party does not vacate the

premise upon determination free from all encumbrances he shall be evicted under the provisions of ‘Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972’ or such other law as may be in force.

17. That if the Second Party does not surrender ‘the property’ upon

determination of the agreement by the First Party in the manner laid down in clauses-15 and/or 16, the Second Party shall be liable to pay to the First Party damages at the rate of Rs.50/- per day for the first ten

days of unauthorised use and occupation of the property, and at the rate of Rs.10/- per day thereafter besides any other liability provided for in

this agreement and in any other law for the time being in force. 18. That the Second Party shall not be deemed to be the owner of any of the

plots, superstructures or any portion thereof constructed thereon and the Second Party shall not be entitled to claim title thereto until the full price of ‘the property’ together with the rents and any other dues payable under

this indenture are fully paid by the Second Party to the First Party.

19. That without prejudice to the right conferred on the First Party in clause-15 or 16 above, the First Party, shall be entitled to recover from the Second Party upon breach of any of the terms, conditions and convenants

of this indenture to make good any loss which the First Party might


Page - 34


sustain consequent such upon breach of the contract committed by the Second Party.

20. That notwithstanding anything contained in these presents, the First

Party may, on the determination of this agreement under clause-15 or 16 above sell or transfer or lease out ‘the property’ including the additions and alterations, if any, to any person by private sale or by public auction

or otherwise at the option of the First Party and on such terms and conditions as the First Party deems fit.

In such an event, the Second Party shall be liable to pay the First Party the market rent calculated at 24% of the capitalized value of the property

for the period from the date of delivery of possession to the date of recovery of possession. The expenditure incurred by the First Party on recovery of possession and sale of the property and the differences

between the stipulated price and the price of the property is sold, if there is a deficiency and on account of any loss of which the First Party

sustains as a result of breach of any of the terms & conditions of this agreement by the Second Party, the amount paid by the Second Party shall be adjusted on this account and the balance if any will be refunded.

21. The dues payable by the Second Party to the First Party and in

accordance with this agreement shall be recoverable as public demand

under provisions of the Orissa Public Demands Recovery Act, 1962.

22. That all mines, mineral products, buried treasure, coal, petroleum, oil and quarries whatsoever under or within the premises shall be the property of the Governor of Orissa.

23. That in all matters of doubt concerning interpretations of any of the

provisions of this indenture, the decision of the Vice-Chairman,

Bhubaneswar Development Authority shall be final and binding on the Second Party.

24. That the First Party shall not be responsible for any damage to the

property caused by natural calamities like flood, earthquake, cyclone or

any other act of God and explosion, fire, riots etc.

25. That any notice required to be served hereunder shall be considered to be sufficiently served on the Second Party if the same is sent by the registered post at the address of the First Party noted in this agreement as

well as affixed in the property in Schedule ‘B’. Expenses incurred towards the service of notice shall be recoverable from the Second Party.

26. That neither party to this agreement shall be competent to bring a suit or proceeding in regard to the matters covered by this agreement at any

place outside Bhubaneswar.

IN WITNESS where of the parties above named have hereto respectively

signed their names on the dates mentioned below their signatures.


Page - 35


Signature of the Second Party Signature of the First Party

Date _____________ Date_____________

In the presence of witness In the presence of witness.

1. 1.

2. 2.

SCHEDULE ‘A ‘ABOVE REFERRED TO

An area of ______________ under plot No_______________ Area _____________

Khata No_____________ Village______________________ P.S. _____________________ Dist _______________________________ as shown in the plan bearing Drawing No.

_______________________ prepared by the Bhubaneswar Development Authority, Bhubaneswar for the development of _________________________________________ Housing Scheme under the jurisdiction of District Register Bhubaneswar,

District Puri, Annual rent of the land Rs. _________________.

Bounded by-

North : South : East :

West :


SCHEDULE ‘B’ ABOVE REFERRED TO

All that piece of land situated in the sanctioned plan of __________________ _______________________________ Housing Accommodation Scheme, Plot/ House

No.__________________ and measuring _______________________ and thereabouts bounded as follows:

North :

South : East : West



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Annexure-8

LEASE OF LAND FOR RESIDENTIAL PURPOSES

THIS LEASE made on this the ___________ day of ____________________ two thousand and _________________ Between the BHUBANESWAR DEVELOPMENT

AUTHORITY, a body corporate constituted under the provisions of Orissa Development Authorities Act, 1982, represented by its Secretary(hereinafter called the First Party) of the one one part.

AND

Shri/Smt.____________________________________________ Aged ________ son

of/ Wife of ____________________________ Village_______________________________ Post ___________________________________________ P.S_________________________ Dist. ____________________________ State ______________________________________

at present___________________________________________________________________ by profession ______________________________ (hereinafter called the Second Party) of the other part.

Whereas, the Governor of Orissa by a deed of lease executed infavour of

First Party has demised to the First Party for purpose of ______________________ _____ for selling of leasing out the plots for residential purpose, the lands more fully described in schedule ‘A’ here to with all easements and appurtenances,

if any, for a period of 90 years and thus the First Party is the lessee in respect of the scheduled site and the Second Party hereby acknowledges that he/she

perused the said lease deed and has understood the contents thereof.

And whereas, the First Party has been duly authorized by the Governor of

Orissa to transfer or lease out or sell the plots of land in the said scheme. And whereas in pursuance of the said scheme the First Party at his own

expense has developed and improved a plot of land in all that piece and parcel of land more particularly described in the Schedule ‘B’ here under and is

hereinafter referred to as ‘Plot’. And whereas in pursuance of the said scheme the Second Party has

applied to the First Party for purchasing the lease hold interest in the Scheduled plot on the terms and conditions hereinafter ser forth.

NOW THIS INDENTURE WITNESSTH that the First Party does hereby

grant unto the Second Party a lease of the said parcels of land together with all

rights, easement and privileges attached hereto on the terms and conditions specified below:-

1. In consideration of the sum of Rs._______________ (Rupees________________ _____________________________________________) only paid as premium

before the execution of these presents ( the receipt of which the First Party hereby acknowledges) and for payment of the rent hereinafter reserved and of the covenants on the part of the Second Party hereinafter


Page - 37


contained, the First Party hereby demises to the Second Party for the purpose of building houses and for selling or leasing out those plots with

houses for residential purpose only. All that land described in the Schedule ‘B’ hereto and for greater clearness delineated on the plan

annexed hereto and thereon shown with its boundaries coloured red together with all easements and appurtenances whatever belongs to or in any way appurtenances whatever belonging to or in any way appurtenant

therto, to hold or to allow other to hold the said premises from the ___________ day of ___________________ 20____ for the terms of ninety years paying therefore during the said term and yearly rent of Rs.____________

by equal half yearly payments on the 28th day of April and 8th day of November of each year at the Office of the Tahasildar, Bhubaneswar or at

such other place or places as the Governor of Orissa may from time to time appoint in h is behalf, the first such payments to be made on the ________ day of ______________________.

2. The Second Party hereby convenants with the Frist Party as follows:-

(i) That the Second Party or his transferee as the case may be shall

during the term hereby pay to the Governor of Orissa the yearly rent

hereby reserved on the days and in the manner hereinbefore appointed and that the Second Party shall arrange to take delivery of possession of the land within one month of the date of registration of

this lease deed in which case the date of execution of the lease deed by the Second Party will be the date for which rent will be payable.

(ii) That he shall during the said term pay all rates and charges of every

description now payable in respect of the demised premises or the

buildings to be erected thereupon whether the same be payable by the landlord or the tenant.

(iii) That he shall at his own expenses and with the previous permission in writing of the First Party erect upon the land leased in a

substantial and workman like manner with new and sound materials and to the satisfaction of the First Party or his authorized representative a building for use as a residential house with all

requisite and proper walls, sewers, drains and other conveniences as shall be approved by the First Party or his authorized representative

and shall complete the same in all respects fit for occupation within forty eight months from the date here of within such further time, if any, as the First Party may allow.

(iv) That he shall not build on more that 65% of the leased are and shall

leave in front of the building the requisite vacant space from the

boundary of the building according to the approved plan and there shall be no basement.

(v) That he shall not erect or build or permit to be erected or built on the

demised premises and building other than that specified above nor


Page - 38


make an addition to any existing buildings at any time except with the approval of the First Party.

If the lessee will undertake the construction without/deviating plan

approved by the lessor (BDA) over the allotted plot, the allotment will liable to be cancelled which will also cause for determination of lease deed.

(vi) That he shall conform to all rules, regulations and by-laws of the

First Party or such other authority for the area as may hereafter be

constituted relating to roads and buildings, public health, safety, convenience and sanitation which may for the time being be in force.

(vii) That he shall make all sanitary and conservancy arrangements for

the labour employed on the said land and shall pay to the local

authority expenses, if any, incurred on this account by the said Authority for making such arrangements on his behalf.

(viii) That the building during construction, shall be open to inspection by

the First Party or his authorized representative. When any defect is

noticed either in the construction or quality of materials used or when there is a change of design without previous approval of the First Party he shall upon receipt of notice in writing from the First

Party remove the defects within the period specified therein.

(ix) That no act shall be done or caused to be done on the said land or building which is likely to be or become a nuisance or disparagement, annoyance or inconvenience to the First Party or to

the neighbourhood.

(x) That all mines, mineral products, buried treasure, coal, petroleum,

oil and quarries whatsoever in, under, or within the said land shall be the property of the First Party.

(xi) That if the First Party at any time before the expiry of the lease,

desires for any public purpose to resume the holding or any part

thereof, the Second Party shall vacate it the within three months from the notice in writing thereof in which case and incase of the

determination of this lease under clause-4, the Second Party or his transferee shall be entitled to reasonable compensation for any building or other improvements that might have been made with the

written consent of the First Party. He shall also be entitled to compensation on account of the less of the use and occupation of the holding which may be fixed at such an amount as may be considered

equitable according to the circumstances of the case.

Provided that particularly in case of re-entry for breach or non observance of any of the covenant laid down in sub-clause-(v) and (xiv) of clause-2, the Second Party or his transferee shall not be

entitled to any compensation for the land or the buildings or other


Page - 39


structure erected by him on the land except being at liberty to remove the materials or such buildings or structures as laid down in

clause-4.

(xii) That all sums of money due to the First Party on any account under these presents, shall be recoverable by the First Party in addition to any other remedy open to him as a public demand under the Orissa

Public Demands Recovery Act, 1962 (Orissa Act I of 1963). In the event of the Second Party not paying any instalment of the rent on or before the date fixed for such payment, he shall in addition to the

arrears pay interest at the rate of six percent per annum on such arrears or at the rate fixed from time to time.

(xiii) That the Second Party shall keep intact and well defined, the

boundaries of the holding and shall point them out for inspection

when required by the First Party to do so, or to any officer or person duly authorized by him, in writing on that behalf.

(xiv) That he shall not without the consent in writing of the of the First

Party and without fulfilling the terms and conditions imposed by the

1st party transfer by way of sale, gift mortgage or otherwise part with the possession of the whole or any part of the said plot or plot with house. The Second Party shall have also no right to use or permit

the use of the said land for any purpose other than that for which it is leased. Any transfer of the demised premises or use of the same

for any purpose other than for which it is leased without the consent in writing of the First Party shall be void and it shall be open to the First Party to terminate the lease. Thereafter the possession of the

plot by the Second Party shall be deemed to be illegal and unauthorized.

Provided that in case of a transfer with permission of the First Party with terms and conditions as imposed by the First Party, the Second

Party shall send a copy of its deed to the First Party. (xv) During the continuance of the lease the Second Party shall maintain

the premises and all the buildings thereon in sanitary condition and the building shall be kept in good and substantial state of repair to

the satisfaction of First Party or his authorized representative. 3. The First Party covenants with the Second Party that the Second Party

paying the rent hereby reserved and performing all the covenants herein contained, shall hold and enjoy the demised premises during the said term without any unlawful interruption by the First Party or any other

person whatsoever.

4. PROVIDED ALWAYS & IT IS HEREBY EXPRESSLY AGREED by and between the parties hereto as follows.


Page - 40


That whenever any part of the rent hereby reserved shall be in arrear for six months after the due date or if it is found that the statement made by

the Second Party in his declarations dated ______________ in consideration of which the lease is granted to him are false or there shall be breach of

any of the covenants by the Second Party herein contained the First Party may re-enter on the demised premises and determine this lease in which case the First Party may, by notice in writing, require the Second Party to

remove within a reasonable time any building which may have been commenced and not completed or the materials of which may have been collected on the leased land and if he fails to comply with such notice, the

First Party after giving a further notice in writing specifying a time not less than three months from the date of the service of the notice within which

such building or materials shall be removed, may cause such removal to be effected and recover the cost from him.

5. IT IS HEREBY FURTHER AGREED by and between the Parties hereto as follows:

(i) That any demand for payment or notice requiring to be made upon or

given to the Second Party shall be considered to be sufficiently made

or given if sent by the First Party or his agent through the post by registered letter addressed to the Second Party at the demised premises or at his address given in the deed.

(ii) That whenever any interpretation should be necessary in order to

give the fullest scope and effect legally possible to any covenant or contract herein contained, the expression “the First Party” herein before used shall include his Agent and the owner for the time being

of the First Party’s interest in the demised premises as the case may be and the expression “the Second Party” hereinbefore used shall include his heirs, executors, administrators and permitted assigns.

IN WITNESS WHEREOF the Parties hereto have hereunder signed this

deed. The duplicate is the true and exact copy of the original.


Page - 41


SCHEDULE “A” REFERRED TO

(Particulars of the plot hereby demised to the First Party)

Plot No.______________ Area _________ Acre under Khata No._____________ in Mouza ___________________ P.S ________________ District-___________________ under jurisdiction of District Sub-Registrar, Bhubaneswar.

Bounded by:

North: South:

East: West:

SCHEDULE ‘B’ REFERRED TO

(Particulars of the plot hereby demised to the Second Party)

Plot No.________________ measuring ____________ sq.ft. as per BDA drawing

No.___________________ of Mouza ____________________ Bounded by:

North: South:

East: West:

Seal and signature of the First Party Signature of the Second Party

In presence of witness In presence of witness

1. 1.

2. 2.


Page - 42


Annexure-9

LEASE OF LAND FOR COMMERCIAL PURPOSES

THIS LEASE made on this the ________ day of _______________________ two thousand and _________________ between the BHUBANESWAR DEVELOPMENT

AUTHORITY, a body corporate constituted under the provisions of Orissa Development Authorities Act, 1982, represented by its Secretary(hereinafter called the First Party) of the one one part.

AND

Shri/Smt.____________________________________ Aged _______ years son of/

Wife of _________________________________ Village______________________________ Post ___________________________________ P.S__________________________________ Dist. ____________________________ State____________________________________ at

present _____________________________________________________________________ by profession __________________________________ (hereinafter called the Second Party) of the other part.

WHEREAS, the Governor of Orissa by a deed of lease executed in favour

of First Party has demised to the First Party for purpose of ______________________ for selling of leasing out the plots for commercial purpose, the lands more fully described in schedule ‘A’ here to with all

easements and appurtenances, if any, for a period of 90 years and thus the First Party is the lessee in respect of the scheduled site and the Second Party

hereby acknowledges that he/she has perused the said lease deed and has understood the contents thereof.

AND WHEREAS, the First Party has been duly authorized by the Governor of Orissa to transfer or lease out or sell the plots of land in the said scheme.

AND WHEREAS in pursuance of the said scheme the First Party at his own expense has developed and improved a plot of land in all that piece and

parcel of land more particularly described in the Schedule ‘B’ here under and is hereinafter referred to as plot.

AND WHEREAS in pursuance of the said scheme the Second Party has applied to the First Party for purchasing the lease hold interest in the schedule

plot on on payment of consideration amount of Rs._______________ (Rupees _______________________________________) only and on the terms and conditions herein contained.

NOW THIS INDENTURE WITNESSTH that the First Party does hereby

grant unto the Second Party a lease of the said parcels of land together with all

rights, easement and privileges attached thereto in the schedule-B on the terms and conditions specified below:

1. In consideration of the sum of Rs.____________ (Rupees __________________

__________________________________________________) only paid as premium


Page - 43


(the receipt of which the First Party hereby acknowledges) and of the rent hereinafter reserved and of the covenants on the part of the Second Party

hereinafter contained, the First Party hereby demises to the Second Party for the purpose of construction of building and structures thereupon

according to the plan and type approved by the First establishments with/without necessary living accommodation to hold or to allow other to hold the same premises from the ________________ day of _________________

20_______ for the terms of ninety years paying therefore, during the said term Rs. ______________ (Rupees ________________________________________) only as the initial rent per annum subject to revision of rent from time to

time by Govt.

Provided that the First Party shall at his discretion be entitled to prohibit commerce in any particular goods which he considers to be opposed to public or which is likely to prove a nuisance to the neighbours.

2. The Second Party hereby convenants with the First Party as follows:

(i) That he shall hold and use the demised land only for commercial

purpose with/without necessary living accommodations specified in

clause-1 and for no other purpose without the previous sanction of the First Party or his authorized agents.

(ii) That he shall during the term pay to the First Party the annual rent hereby reserved on the days and in the manner and at place to be

fixed by the First Party for this purpose from time to time. (iii) That he shall during the said term pay all rates, taxes and charges of

every description now payable or hereafter to become payable in respect of the demised premises or the buildings to be erected thereupon whether the same be payable by the landlord or the

tenant.

(iv) That he shall at his own expenses and with the previous permission in writing of the First Party erect upon the land leased in a substantial and workman like manner with new and sound materials

and to the satisfaction of the First Party or his authorized representative structures for use as commercial-cum-residential

holding with all requisite and proper walls, sewers, drains and other conveniences as shall be approved by the First Party or his authorized representative and shall complete the same in all respects

fit for the aforesaid purpose within 48 (forty eight) months from the date here of or within such further time, if any, as the First Party may allow.

(v) That he shall not erect or build or permit to be erected or built on the

demised premises and building other than that specifie in a plan approved by the First Party nor make an addition to any existing building or structures at any time except with the written approval of

the First Party.


Page - 44


(vi) That he shall conform to all rules, regulations and by-laws of the

First Party or such other local authority for the area as may hereafter be constituted relating to roads, buildings, public health, safety,

convenience and sanitation which may for the time being be enforced.

(vii) That he shall make all sanitary and conservancy arrangements for the labour employed on the said land and shall pay to the local authority expenses, if any, incurred on this account by the said

Authority for making such arrangements on his behalf.

(viii) That the building and the structures, during construction, shall be opened to inspection by the First Party or his authorized representative. When any defect is noticed either in the construction

or in quality of materials used for it or when there is a change of design or deviation of plan without previous approval of the First

Party, the Second Party shall upon receipt of notice in writing from the First Party, remove the defects within the period specified therein.

(ix) That no act shall be done or caused to be done on the said land or building which is likely to be or become a nuisance or disparagement, annoyance or inconvenience to the First Party or to

the tenants or the occupiers of the adjoining or neighbouring premises.

(x) That all mines, mineral products, buried treasure, coal, petroleum,

oil and quarries whatsoever in, under, or within the said land shall

be the property of the First Party. (xi) That if the First Party, at any time, before the expiry of the lease

desires for any public purpose to resume the holding or any part thereof, the Second Party shall vacate it or the part required within

three months from the notice in writing given by the First Party for the purpose in which case and incase of the determination of this lease under clause-4, the Second Party shall be entitled to reasonable

compensation for any building, structure or other improvements that he may have made with the written consent of the First Party. He

shall also be entitled to compensation on account of the loss of the use and occupation to the holding which may be fixed at such an amount which may be considered equitable according to the

circumstances of the each case. Provided that particularly in case of re-entry for breach or non

observance of any of the covenant laid down in sub-clauses-(v), (xiv), xvii) and (xviii) of clause-2, the Second Party shall not be entitled to

any compensation for the land or the buildings or other structure erected by him on the land except being at liberty to remove the materials or such buildings or structures as laid down in clause-4(i)

hereafter.


Page - 45


(xii) That all sums of money due to the First Party on any account under

these presents, shall be recoverable by the First Party in addition to any other remedy open to him as a public demand under the Orissa

Public Demands Recovery Act, 1962 (Orissa Act I of 1963). In the event of the Second Party not paying any instalment of the rent on or before the date fixed for the purpose, he shall in addition to the

arrears pay interest at the rate of 6 ½ percent per annum on such arrears or at the rate fixed from time to time.

(xiii) That the Second Party shall keep intact and well defined the boundaries of the holding and shall point them out for inspection

when required by the First Party to do so, or to any officer or person duly authorized by him, in writing on that behalf.

(xiv) That he shall not without the consent in writing of the First Party use or permit the use of the said land for any purpose other than that for

which it is leased or shall not transfer the said plot by way of sale, gift, mortage or assign or otherwise part with the possession of the whole or any part of the said plot or plot with house without the

consent of First Party and without fulfilling the terms and conditions imposed by the First Party. Any transfer of the demised premises or use of the same for any purpose other than for which it is leased

without the consent in writing of the First Party shall be void and it shall be open to the First Party to terminate the lease. Thereafter the

possession of the plot by the Second Party shall be deemed to be illegal and unauthorized.

Provided that in case of a transfer with permission of the First Party with terms and conditions as imposed by the First Party, the Second Party shall send a copy of its deed to the First Party.

(xv) That during the continuance of the lease the Second Party shall

maintain the premises and all the buildings and structure thereon in sanitary condition and in good substantial state of repair to the satisfaction of First Party or his representative.

(xvi) That the Second Party in the event of the demised premises being

destroyed or substantially destroyed by fire, storm or any other cause shall rebuild within such period after such destruction as may be fixed by the First Party in a substantial and workman-like manner at

his own cost and expense on the said land a residential building with necessary outhouses, boundary walls, sewer, drains and latrines in accordance with plans, elevations and specifications approved and

signed by the First Party and under the inspection and to the satisfaction of the First Party.

(xvii) That he shall not keep or store any dangerous or inflammable

substances or keep for sale or storage any intoxicating liquors on or

in the demised premises or keep any cattle or animals for profit


Page - 46


thereon without the previous consent in writing of the first Party or use the demised premises for any purposes which in the opinion of

the First Party may be a source of nuisance or annoyance to the tenants or the occupiers of the adjoining or neighbouring premises.

(xviii)That he shall not use the demised land or any part thereof for

agricultural or horticultural purposes or for other business of a

nature likely to prove a nuisance or inconvenience to the neighbouring residence or to the public in general or for any other purpose whatsoever except for the purpose of shops and residential

quarters as hereinbefore mentioned provided that the Second Party shall be at liberty to maintain a kitchen and/ or a flower garden as

an adjunct to the said residential building for th use of the occupier thereof but for no other purpose.

3. The First Party hereby covenants with the Second Party that the Second Party paying the rent hereby reserved and performing all the covenants

herein contained, shall hold and enjoy the demised premises during the said term without any unlawful interruption by the First Party or any other person whatsoever.

4. PROVIDED ALWAYS IT IS HEREBY EXPRESSLY AGREED by and between

the parties hereto as follows.

That whenever any part of the rent hereby reserved shall be in arrear for

six months after the due date or if it is found that the statement made by the Second Party in his declarations dated _____________ in consideration of which the lease is granted to him are false or there shall be breach of

any of the covenants by the Second Party herein contained the First Party may re-enter on the demised premises and determine lease in which case the First Party may by notice, in writing require the Second Party to

remove within a reasonable time any building or structure which may have been commenced and not completed or the materials which may

have been collected on the leased land, and if he fails to comply with such notice, the lessor after giving a further notice in writing specifying a time not less than three months from the date of the service of the notice

within such building or materials shall be removed, may cause such removal to be effected and recover the cost thereof from him.

5. (i) That any demand for payment or notice requiring to be made upon or

given to the Second Party shall be considered to be sufficiently made or

given if sent by the First Party or his agent through the post by registered letter addressed to the Second Party at the demised premises or at his address given in the deed.

(ii) That whenever any interpretation shall be necessary in order to give

the fullest scope and effect legally possible to any covenant or contract herein contained, the expression, “the First Party” herein before used shall include his Agent and the owner for the time being

of the First Party’s interest in the demised premises as the case may


Page - 47


be and the expression “the Second Party” hereinbefore used shall include his heirs, executors, administrators and permitted assigns.

IN WITNESS WHEREOF the Parties hereto have hereunder signed this

deed. The duplicate is the true and exact copy of the original.

SCHEDULE “A” HEREIN REFERRED TO

(Particulars of the plot hereby demised to the First Party)

Plot No.________________ Area__________ Acre under Khata No.____________ in Mouza____________________ P.S.____________________ District________________

under jurisdiction of District Sub-Registrar, Bhubaneswar. Bounded by:

North: South:

East: West:

SCHEDULE ‘B’ HEREIN REFERRED TO

(Particulars of the plot hereby demised to the Second Party)

Plot No.____________________ measuring _______________ sq. ft. as per BDA drawing No._______________ of Mouza_______________________.

Bounded by:

North: South: East:

West:

Seal and signature of the First Party Signature of the Second Party

In presence of witness In presence of witness

1. 1.

2. 2.


Page - 48


Annexure-10

LEASE OF BUILDING WITH PLOT/PLOT FOR COMMERCIAL PURPOSES

THIS LEASE made on this the _________day of __________________________ Two thousand and ___________ BETWEEN THE BHUBANESWR DEVELOPMENT AUTHORITY, a body corporate constituted under the

provisions of the Orissa Development Authorities Act, 1982, represented by its Secretary (herein after called the First Party) of the one part.

AND Sri/Smt. __________________________________ Aged about ______ years, son/daughter/wife of Sri___________________________________ Village __________

____________________ Post ______________________ Tahasil _____________________ PS___________________ Dist______________________ State_____________________ At present __________________________________________________________________ by

profession ______________________________ (hereinafter called the Second Party) of the other part.

WHEREAS, the Governor of Orissa by a deed of lease executed in favour of First Party has demised to the First Party for purpose of _____________________

____________ for commercial purposes, the lands more fully described in Schedule ‘A’ here to with all easements and appuitances, in any, for a period of 90 years from the 22nd August 1986 and thus the First Party is the lessee in

respect of the Schedule site and the Second Party hereby acknowledges that he/she has perused the said lease-deed and has understood the contents

thereof. AND WHEREAS, the First Party has been duly authorized by the Governor

of Orissa to transfer or lease out or sell the Building with Plot/Plot of land in the said scheme.

AND WHEREAS, in pursuance of the said scheme the First Party at his own expense has developed and improved a plot of land in all that piece and

parcel of land more particularly described in the schedule ‘B’ hereunder and is hereinafter referred to as “Property”.

And whereas in pursuance of the said scheme the Second Party has applied to the First Party for purchasing the lease hold interest in the schedule

property on payment of consideration amount of Rs.__________________ (Rupees __________________________________________________) only and on the terms and conditions herein contained.

NOW THIS INDENTURE WITNESSETH that the First party does hereby

grant unto the Second Party a lease of said parcel of property together with all rights, easements and privileges attached thereto in the Schedule ‘B’ on the terms and conditions specified below.


Page - 49


1) In consideration of sum of Rs.______________ (Rupees ____________________ ______________________) only paid as premium (the receipts of which the

First Party hereby acknowledges) and of the rent hereinafter reserved and of the covenants on the part of the Second Party hereinafter contempt the

First Party hereby demises to the Second Party for the purpose of ______________________________ according to the planed and type approved by the First Party for the purpose of using the same only for commercial

establishments. To hold the said property from the day of ________________ 20 _______ for the term of unexpired period of 90 years paying thereof, during the said terms Rs.___________ (Rupees ___________________________)

only as the initial rent per annum subject to revision of rent from time to time by Govt. during the period of lease.

Provided that the First Party shall at his discretion be entitled to prohibit

trade and commerce in any particular goods which he considers to be

opposed to public policy or which is likely to prove a nuisance to the neighbours.

2. That the Second Party hereby covenants with the First Party as follows:

i) That the Second Party during term of lease, pay to the First Party the annual rent hereby reserved on the days and in the manner and at places to be fixed by the First Party for this purpose from time to

time.

ii) That the Second Party shall construct houses or other building at his own expenses of such descriptions and dimension as may be approved by the First Party in writing within a period of three years

from the date of this lease. iii) That the Second Party shall not erect or build or permit to be erected

or built on the demised premises any buildings other than that specified in a Plan duly approved by the First Party nor make any

addition and alteration to the existing building or structures at any time except with the prior written approval off the First Party.

iv) That the Second Party shall hold and use the “Property” for the purpose for which it has been allotted to him only and not for any

other purpose without the previous sanction of the First Party or his authorized agent.

v) That the Second Party shall during the said term pay all rates, taxes and charges of every description now payable or hereafter to become payable in respect of the demised premised or buildings to be erected

there upon whether the same be payable by the landlord or tenant.

vi) That the Second Party shall conform to all rules, regulations and byelaws of the First Party or such other local authority for the area as may hereafter be constituted relating to roads, buildings, public


Page - 50


health, safety convenience and sanitation which may for the time being be enforced.

vii) That the Second Party shall make all sanitary and conservancy

arrangements for the labour employed on the said land and shall pay the local authority expenses, if any, incurred on his account by the said authority for making such arrangements on his behalf..

viii) That the building and the structures, during construction shall be

opened to inspection by the First Party or his authorized

representative. When a defect is noticed either in the construction or in quality of materials used for it or when there is a change of design

or deviation of plan without the previous approval of the First Party, the Second Party shall upon receipt of notice in writing from the First Party, remove the defect within the period specified therein.

ix) That no act shall be done or caused to be done on the said land or

building which is likely to be or become a nuisance or a disparagement, annoyance or inconvenience to the First Party or to the tenants or the occupiers of the adjoining or neighbouring

premises. x) That all mines, mineral products, buried treasure, coal, petroleum, oil

and quarries whatsoever in under or within the said land shall be the property of the Govt. of Orissa.

xi) That if the First party, at any time, before the expiry of the lease

desires for any Public purpose to resume the holding or any part

thereof, the Second Party shall vacate it or the part required within three months from the notice in writing given by the First Party for the purpose in which case the Second Party shall be entitled to

reasonable compensation for any building, structure or other improvements that he may have made with the written consent of the

First Party. He shall also be entitled to compensation on account of the loss of use and occupation to the holding which may be fixed at such amount which may be considered equitable according to the

circumstances of each case.

xii) That all sums of money due to the First Party on any account under these presents, shall be recoverable by the First Party in addition to any other remedy open to him as a public demand under the Orissa

Public Demands recovery Act 1962 (Orissa Act I of 1963). In the event of the Second Party not paying any dues on or before the date fixed for the purpose, he/she shall in addition to the arrears pay

interest at the rate of 15 (Fifteen) percent per annum on such arrears or at the rate fixed from time to time.

xiii) That the Second Party shall keep in tack the well defined boundaries

of the holding and shall point them out for inspection when required


Page - 51


by the First Party to do so to any officer or person duly authorized by him in writing in that behalf..

xiv) That the Second Party shall not without the consent in writing of the

First Party use or permit the use of the said land for any purpose other than that for which it is leased out or shall not transfer the said plot by way of sale, gift, mortgage or assign, sub-let or otherwise part

with the possession of the whole or any part of the said plot or plot with building without the consent of the First Party, and without fulfilling the terms and conditions imposed by the First Party. Any

transfer of the demised premises or use of the same for any purpose other than for which it is leased out without the consent in writing of

the First Party shall be void and it shall be open to the First Party to terminate the lease. Thereafter the possession of the property by the Second Party to terminate the lease. Thereafter the possession of the

property by the Second Party shall be deemed to be illegal and unauthorized.

Provided that the Second Party can mortgage the property for rasing

loan from Government or financing institutions like Life Insurance

Corporation, Orissa State Financial Corporation, Nationalized Banks, Housing Development Finance Corporation and Housing Promotion, Finance Corporation to construct/add to the construction on the

property based on as per the plan approved by the First Party without seeking any specific permission of the First Party.

PROVIDED further than in case of a transfer with permission of the

First Party with terms and conditions as imposed by the First Party,

the Second Party shall send a copy of its deed to the First Party. xv) That during the continuance of the lease, the Second Party shall

maintain the premises and all the buildings and structures thereon in sanitary condition and in good state of repair to the satisfaction of the

First Party or his representative. xvi) That the Second Party in the event of the demised premises being

destroyed or substantially destroyed by fire, storm or any other cause shall rebuild within such [period after such destruction as may be

fixed by the First Party in a substantial and workman-like manner at his own cost and expenses on the said land in accordance with the plans, elevations, and specifications approved by the first Party and

under the inspection and to the satisfaction of the First Party. xvii) That the Second Party shall not keep a store and dangerous or

inflammable substances or keep for sale or storage any intoxicating liquors and or in the demised premises or keep any cattle or animals

for profit thereon without the previous consent in writing of the First Party or use the demised premises for any purpose which in the opinion of the First Party may be a source of nuisance or annoyance


Page - 52


to the tenants or the occupiers of the adjoining or neighbouring premises.

xviii) That the Second Party shall not use the demised land or any part

thereof for agricultural or horticultural purposes or for other business of the nature likely to prove a nuisance or inconvenience to the neighbouring residents or to the public in general or for any other

purpose whatsoever except for the purpose for which it is leased out. xix) That the expiry of the term of ninety years hereby reserved that the

First Party shall upon request by the Second Party consider for renewal for the like period and upon the same terms and conditions

than rent payable which may be revised at the time of such renewal by mutually agreed upon between the First Party and the Second Party, which shall be subject to the terms and conditions of the

renewal of the lease of the property by the State Government in favour of the First Party.

3. The First Party hereby covenants with the Second Party that the Second

Party paying the rent hereby reserved and performing all the covenants

herein contained, shall hold and enjoy the demised premises during the said term without any unlawful interruption by the First Party or any other person whatsoever.

4. PROVIDED ALWAYS IT IS HEREBY EXPRESSLY AGREED by and between

the parties as follows:

That whenever any annual rent or part thereof hereby reserved shall be in

arrear for 3 months after the due date (whether demanded or not) or if the Second Party shall go into liquidation (except for the purpose of reconstruction) or there shall be a breach of any of the covenants by the

Second Party herein contained, then and in any such case the First Party may determine the lease and there upon the First Party or any officer

authorized by the First Party shall be entitled to re-entry and take possession of the property and it shall be lawful for the First Party to reenter into and upon the demised premises and in which case the First

Party may be notice, in writing, require the Second Party to remove within a time specified therein any building or structure erected by him which

may have been commenced and not completed or the materials which may have been collected on the lease hold land, and if he fails to comply with such notice, the First Party after giving a further notice in writing

specifying a time not less than 3 months from the date of the service of the notice hall remove the materials, in such buildings or in such building may cause such removal to be effected and recover the cost thereof from

him.

Provided that in case of such re-entry the Second Party shall not be entitled to any compensation whatsoever for the demised land and the buildings and other structures erected thereon.


Page - 53


5. (i) That any demand for payment or notice requiring to be made upon or given to the Second Party shall be considered to be sufficiently made

or given if sent by the First Party or his agent through the post by registered letter addressed to the Second Party at the demised

premises or at his address given in the deed. (ii) That whenever any interpretations hall be necessary in order to given

the fullest scope end effect legally possible to any covenant or contract herein contained, the expression, “First Party”. Hereinbefore used shall include his agent and the owner for the time being of the

First Party’s interest in the demised premises as the case may be and the expression “Second Party hereinbefore used shall include his

heirs, executors, administrators and permitted assignees. IN WITNESS WHEREOF THE PARTIES here to have hereunder signed this

deed.

The duplicate is the true and exact copy of the original.

Signature of the Second Party Signature of the Second Party

Date: Date

In the presence of witness: In the presence of witness:

1. 1.

2. 2.


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SCHEDULE “A” HEREIN REFERRED TO

(Particulars of the property hereby demised to the First Party)

Mouza______________________________Tahasil, Bhubaneswar, Dist-Khurda, PS ______________________________.

A Buildable area of _____________________ acres out of the following Plot of lands as per drawing No. _________________on village__________________________ PS_________________ Dist-Khurda, Khata No.__________________________ Plot No.

_____________________ Area __________________.

As per this layout plan prepared by Bhubaneswar Development Authority of _________________________________ Complex scheme under the jurisdiction of District Registrar of Bhubaneswar, Dist-Khurda.

Signature of the Second party Signature of the First Party

SCHEDULE ‘B’ HEREIN REFERRED TO

(Particulars of the property hereby demised to the Second Party)

______________________ Measuring _______________ Sft as per BDA drawing

No._____________ of Mouza _______________________. Bounded by:

North:

South: East:

West:

Signature of the Second Party Seal and Signature of the First Party

In presence of witness In presence of witness 1. 1.

2. 2.


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Annexure-11

LEASE-CUM-SALE DEED

THIS DEED OF LEASE CUM-SALE executed at Bhubaneswar this _______

day of _____________________ Two thousand and ______________ BETWEEN THE BHUBANESWAR DEVELOPMENT AUTHORITY a body corporate constituted

under the provisions of Orissa Development Authorities Act, 1982 represented by its Secretary (hereinafter called the First Party which term shall wherever the context so permits mean and include its successors in interest and

assigns) of the one part. AND

Shri/Smt.__________________________________________ Aged _______ son of/

Wife of _______________________________ Village________________________________ Post __________________________________ P.S__________________________________

Dist.____________________________ State____________________________ at present _____________________________________________________________________________by profession ______________________________ (hereinafter called the Second

Party which term shall wherever the context so permits mean and include his/her heirs, successors and permitted assigns) of the other part.

WHEREAS, the Governor of Orissa by a deed of lease executed in favour of First Party has demised to the first party for purpose of framing the

_________________________________ Housing Accommodation Scheme for selling or leasing out those plots with houses for residential purpose, the lands more fully described in the Schedule “A” hereto with all easements & appurtenances,

if any, for a period of 90 years and thus the First Party is the lessee in respect of the Scheduled site and the Second Party hereby acknowledges that he/she

has pursued the said lease deed and has understood the contents thereof.

AND WHEREAS THE FIRST PARTY has framed the said ________________

___________________________ Housing Accommodation Scheme.

AND WHEREAS the First Party has been duly authorized by the

Governor of Orissa to transfer or lease out or sell the plots of land with houses built thereon as provided in the said Scheme.

AND WHEREAS in pursuance of said Housing Scheme the First Party at

his own expense has developed and improved a plot of land and has

constructed a building thereon in all that piece and parcel of land more particularly described in the Schedule ‘B’ hereunder and is hereinafter referred

to as ‘ the property‘.

AND WHEREAS in pursuance of the said Housing Scheme, the Second

party has applied to the First Party for purchasing the leasehold interest in the scheduled plot with house on the terms and conditions hereinafter set forth.


Page - 56


AND WHEREAS the First Party has agreed to sell the plot with house in the said Scheme in favour of the Second Party, it is hereby agreed to between

the parties hereto as follows:-

1. That the first party hereby conveys the ownership of the property to Second Party and /shall deliver possession immediately after execution of this agreement and not later than a week/ the Second Party has already

been delivered the possession of the property in pursuance of the lease-cum-sale agreement dated ________________.

2. That since the second party has already paid the entire sale price of the property amounting to Rs. _______________ (Rupees ______________________

______________________) to the First Party the Second Party is the absolute owner of the Plot and becomes a lessee under the Government of Orissa for the unexpired period of the lease for 90 years granted by Governor of

Orissa to the First Party and the first party shall not obstruct the possession or peaceful enjoyment of the property by the second party in

any manner. 3. That the Second Party shall not, without prior written permission of the

first party use the property for any purpose other than residential. 4. That the Second Party shall not assign transfer on sale, gift or mortgage

or sub-let or part with the possession of the whole or any part of the property without the prior written permission of the First Party and all

such unauthorized transfer, assignment shall be void and the first party shall have right to re-enter forthwith.

5. That the Second Party shall pay the yearly rents amounting to Rs.______________ in favour of Government of Orissa to be paid half yearly, on 28th of April and 8th of November every year subject to any revision of

rent, in the office of the Tahasildar, Bhubaneswar or any other place or places as may be appointed by the Governor in that behalf, the first of

such payment of rent shall be payable on ______________. 6. That the Second Party shall pay all rates, taxes, cesses and other

outgoings payable in respect of the property to the State and or Central Government, Bhubaneswar Municipality and other public authority.

7. That the Second Party shall leave in front of the building required vacant

space from the boundary of the building according to the approved plan

and there shall be no basement. 8. The Second Party shall not make any additions or alternations to the

existing structure without obtaining the prior written permission of the First Party as well as without complying the statutory provisions of the

Orissa Development Authority Act. If the lessee will undertake the construction without/deviating plan

approved by the lessor (BDA) over the allotted plot, the allotment will


Page - 57


liable to be cancelled which will also cause for determination of lease deed.

9. The Second Party shall not do any act or cause any act to be done on the

said property which is likely to be or become a nuisance of disparagement annoyance or inconvenience to the First Party or to other persons in the neighborhood.

10. That all mines, mineral products, buried treasure, coal, petroleum, oil and

quarries whatsoever under or within the premises shall be property of the

Governor of Orissa.

11. That if the Second Party commits breach of any of the terms, conditions and covenants contained in this indenture the First Party may determine the lease upon service of a notice to that effect and upon such

determination, the Second Party shall be bound and liable to vacate and deliver to the First Party the vacant possession of ‘the property’ free from

all obstruction.

In case the Second party does not vacate the property upon determination

of lease free from all encumbrances he/she shall be evicted under the provisions of the Orissa public premises (Eviction of unauthorized occupants) Act-1972 or such other law as may be in force.

12. That the Second party shall abide by all conditions as per the provisions

of the Orissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984) 13. The Second Party shall (other-wise) abide by all rules, regulations and by

laws and other orders/directions that may be issued by the Bhubaneswar Development Authority in pursuance of the provisions contained in the Orissa Development Authorities Act, 1982 and (also in) the Orissa

Apartment ownership Act-1982 (Orissa Act-1 of 1984) and rules made there under.

14. That in all matters of doubt concerning interpretations of any of the

provisions of this indenture, the decision of the Vice-Chairman,

Bhubaneswar Development Authority shall be final and binding on the second party.

That the First Party shall not be responsible for any damage to the

property caused by natural calamities like flood, earthquake, cyclone or any

other act of God, explosion, fire, riots etc.

IN WITNESS whereof the parties above named have hereto respectively

signed their names on the dates mentioned below their signatures.


Page - 58



Date ____________ Date_____________

In the presence of witness In the presence of witness.

1. 1. 2. 2.

SCHEDULE ‘A‘ABOVE REFERRED TO

An area of ______________________under plot No.________________________

Area ___________________ Khata No._______________ Village_____________________ P.S.________________________ Dist _________________________as shown in the plan bearing Drawing No.______________________ prepared by the Bhubaneswar

Development Authority , Bhubaneswar, for the development of _______________ ___________________ Housing Scheme under the jurisdiction of District Register

Bhubaneswar, District-Khurda, Annual rent of the land Rs._____________. Bounded by:

North :

South : East : West :



All that piece of land situated in the sanctioned plan of __________________ _______________________________ Housing Accommodation Scheme, Plot/House No.___________ and measuring __________ and thereabouts bounded as follows:

North :

South : East : West



Page - 59


Annexure-12

SALE OF APARTMENT

THIS DEED OF SALE made on this ___________ day of _______________ two thousand and _____________ BETWEEN THE BHUBANESWAR DEVELOPMENT

AUTHORITY, a body corporate constituted under the provisions of the Orissa Development Authorities Act, (Orissa Act-14, 1982) represented by its Secretary (herein after called the First Party) which term shall wherever the

context so permits means and includes its successors-in-interest and assigns of the one part.

AND Shri/Smt. _______________________________ Aged _______ Years, S/O, D/O, W/O ________________________________ resident of ____________________________

P.O.________________________ P.S_____________________ Dist____________________ State _________________________ by profession _________________________ (herein after called the second party) which term shall wherever the context so permits

means and includes its successors-in-interest and assigns of the other part.

WHERE AS, the Governor of Orissa by a deed of lease executed in favour of the first party has demised to the First Party for purpose of building apartments and for selling or leasing out those apartments for residential

purpose, the lands more fully described in the schedule ‘A’ hereto with all easements and appurtenances if any for a period of 90 years and thus the

First Party is the lesee in respect of the schedule site and second party hereby acknowledge that he/she has perused the lease-deed and has understood the contents thereof.

AND WHEREAS, THE FIRST PARTY has constructed ____________________ Apartment Housing Scheme, on the Scheduled land and is the owner in

possession thereof;

AND WHEREAS, the First Party has been duly authorized by the Governor of Orissa to transfer of lease out or sell the apartment thereon, according to the terms and conditions of the lease.

AND WHEREAS, in pursuance of the said apartment Housing Scheme the

First Party at its own expense has constructed an apartment more particularly described in the Schedue ‘B’ here under and is herein after referred to as “THE APARTMENT”.

AND WHEREAS, in pursuance of the said Apartment Housing Scheme, the Second Party has applied to the First Party for purchasing the lease hold

interest in the schedule land and with the apartment constructed thereon under ____________ category on the terms and conditions herein after set forth.

AND WHEREAS, the First Party has agreed to sell the said apartment in favour of the Second Party.

It is HEREBY agreed to between the parties hereto as follows:


Page - 60


1. That the First Party hereby conveys the ownership of the apartment to the

Second party and/shall deliver possession after execution of the agreement and not later than a week/the Second Party has already been

delivered the possession of the apartment in pursuance of the Agreement for sale of agreement date_______________

2. That since the second party has already paid the entire sale price of the apartment amounting to Rs.________ (Rupees____________________) only to the First Party, the Second Party is the absolute owner of the apartment

and becomes a lessee under the Governor of Orissa for the unexpired period of the lease for 90 (ninety) years granted by the Governor of Orissa

to the First Party and the First Party shall not obstruct the possession or peaceful enjoyment of the apartment by the Second Party in any manner.

3. That the Second Party shall pay the yearly rents amounting to Rs.____________ in favour of Governor of Orissa to be paid half yearly, on

28th of April and 8th of Novermber every year subject to any revision of rent in the office of the Tahasildar, Bhubaneswar or any other place of places as may be appointed by the Governor in that behalf, the first of

such payment of rent shall be payable on ____________. 4. That the Second Party shall pay all rents, taxes cesses and other outgoing

payable in respect of the apartment to the State and Central Govt. Bhubaneswar Municipality and other local or public authority.

5. That the Second Party shall not, without the prior written permission of

the First Party use the apartment for any purpose other than the

residential. 6. That the Second Party shall have no right to transfer by way of sale, gift,

mortgage or assignment or sub-let or otherwise part with possession of the whole or any part of the said apartment without obtaining the prior

written approval of the Vice-Chairman, BDA who has been authorized to accord permission vide G.A. Department Order memo No.6526/CA dated 21.06.86.

Provided that in the event of transfer being made without obtaining the

prior written approval of the Vice-Chairman, Bhubaneswar Development Authority. Such transfer shall be void and it shall be open to the First Party to terminate the lease and take immediate possession of the

apartment soon after the lease is terminated, the possession of the apartment by the Second Party shall be deemed to be illegal and un-authorised.

Provided further that the Second Party may after expiry of two years from

the date of execution of this deed request the First Party in writing to transfer in any manner of the apartment and in the event of the written approval being given, the First Party may impose such terms and

conditions as it thinks fit.


Page - 61


7. The Second Party shall not erect or build or permit to erect or build on the apartment other than that hereby sold nor make addition or alteration to

the exiting building at any time except with the written permission of the First Party.

If the second party will undertake any construction or additional

construction without/deviating the plan approved by BDA (First party), the allotment will liable to be cancelled which will also cause for determination of sale deed.

8. That the Second Party shall not do any act or cause any act to be done on

the said apartment which is likely to cause nuisance or disparagement, annoyance or inconvenience to the First Party or to any other person or persons in the neighbourhood.

9. That the First Party shall not be responsible for any damage to the

apartment caused by natural calamities like flood, earth quake, cyclones, or any other act of God and explosion fire, riots etc.

10. That the Second Party shall abide by all the conditions which are contained in the relevant lease-deed executed between the Governor of Orissa and the First Party which he has already perused as mentioned

earlier.

11. That the Second Party shall abide by all conditions as per the provisions of the Orissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984).

12. That Second Party shall (other-wise) abide by all rules, regulations and by laws and other orders/directions that may be issued by the Bhubaneswar

Development Authorities in pursuance of the provisions contained in the Orissa Development Authorities Act-1982 and (also in) the Orissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984) and rules made

there under. 13. That in all matters of doubt concerning interpretations of any of the

provisions of this indenture the decision of the Vice-Chairman, Bhubaneswar Development Authority shall be final and binding on the

Second Party. IN WITNESSESS WHERE OF THE Parties above named have hereto

respectively signed their names on the dates mentioned below their signatures.

Signature of Second Party Signature of the First Party

Date ____________ Date ____________

In the presence of witness In the presence of witness

1. 1.

2. 2.


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SCHEDULE ‘A’ ABOVE REFERRED TO

A buildable area of Ac.________ Acres out of the following plots of lands as per drawing No._________________ in the village________________________________ P.S._____________________ Dist _________________________

Khata No. Plot No. Area

As per the lay out plan prepared by the Bhubaneswar Development

Authority of ______________________________ Apartment Housing Scheme under the Jurisdiction of Dist Registrar of Bhubaneswar, Dist-khurda.

Signature of the Second Party Signature of First Party


An EWS/LIG/MIG-A/B/I/II/HIG Apartment bearing No._________________

measuring ______________ sft. Length _____________ fts Breadth ____________ fts Plinth area of ______________ of ___________________________________ Apartment Housing Scheme as shown in Plan bearing drawing No.______________.

Prepared by the Bhubaneswar Development Authority, Bhubaneswar for

development of the said apartment Housing Scheme under jurisdiction of the Dist. Registrar of Bhubaneswar, Dist-Khurda, Annual rent of Apartment Rs._____________.

Bounded by:

North South

East West

Signature of the Second Party Signature of First Party


Page - 63


Annexure-13

AGREEMENT FOR LICENCE OF OFFICE SPACE (FOR INSTITUTION)

(Under Section-118 of the O.D.A Act, 1982)

This agreement is made at _________ on this ______ day of ________________

20________ between Bhubaneswar Development Authority, represented by its Secretary (hereinafter called “the Licensor”) which expression unless repugnant to the context and meaning, shall include its successors,

administrators and assigns, of the first part

AND

________________________________________________________________________ represented by its _________________ (hereinafter called “the Licencee”) which expression unless repugnant to the context and meaning thereof, shall include

its successors, administrators and assigns of the second part. WHEREAS the premises described in the Schedule-A below with fixtures,

appurtenance and effects, belong to the Bhubaneswar Development Authority (hereinafter referred as premises).

AND WHEREAS, the licensor has agreed to grant lease and licence for use of the said premises specifically described in Schedule ‘B’ (hereinafter

referred to as demised premises) on a monthly licence basis on the following mutually agreed upon terms & conditions between the parties hereto.

NOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:

1. The licencee agrees to take the said premises fully described in the

Schedule ‘B’ for a term of _____ months commencing from ____________ at

a monthly licence fee of Rs.____________ (Rupees _________________________ only)

2. The Licencee shall pay to the Licensor the monthly licence fee within 10th

day of the following English Calendar Month.

3. In addition to the above licence fee payable by the licencee, a refundable

interest free security deposit of Rs.__________________ (towards Electricity),

totaling Rs.___________ (Rupees ____________________________________ only) deposited by the licencee with the licensor will continue to be retained by

the licensor until the licence is in force. 4. The licencee shall be a member of _____________________________________

Association and will deposit the maintenance charges with them as will be decided by the Said Association from time to time and shall abide by rules

and regulations of said Association.


Page - 64


5. The rates & taxes/inspection fees and all such Govt. dues will be paid by the licencee fully/proportionately on demand.

6. The licencee will submit the required certificate in support of their

deposits made towards TDS from the licence fees, for submission of returns by BDA.

7. The licencee will pay the service taxes over & above the licence fees of Rs._____________ (Rupees __________________________________________ only) per month @ 12.36% or any other rate as applicable from time to time.

8. It is hereby expressly agreed that the licencee is to pay interest at the rate

of 14% per annum of the defaulted amount for days of default period or part thereof in addition to the right of the licensor to terminate the licence. It is further expressly agreed that if the licencee continues to

default for a continuous period of three months, the licence shall stand automatically determined and on determination, the licencee will be

bound to deliver vacant possession of the same to the licensor and licensor shall have the right to enter and take possession of the licensed premises.

Provided further that if the licencee fails to deliver vacant possession, after

determination of licence for whatsoever reason, then it shall be treated as

a trespasser & shall be liable to pay damages for use and occupation of the premises after determination at the rate equivalent to licence fees not

exceeding monthly licence fee and also be liable to penalty till it vacates voluntarily or by process of eviction proceeding under the provisions of Orissa Public Premises (Eviction of Unauthorized Occupants) Act.

9. Any arrear on account of monthly licence fee together with penalty

imposed including penalty, damage charges and energy charges etc. for

such default shall without prejudice to any other mode of recovery be recoverable as arrears of land revenue under Orissa Public Demands

Recovery Act. 10. The licencee shall pay the electricity charges for consumption of electricity

as per meter reading/minimum charges at rates charged by the Central Electricity Supply Utility (CESU) from time to time. The electric

installations are subject to the following terms:- The licencee has paid the security deposit and service connection charges

of Rs.25, 000/- towards electricity service connection to the premises. The licencee agrees that no interest will be claimed on the security deposit

made towards such service connection for the premises.

The licencee agrees to pay the monthly energy charges for the premises on receipt of the demand from the ______________________________ Occupant’s Association being followed presently based on the load census conducted


Page - 65


on ____________and on such connected load as determined during the fresh load census to be conducted in future.

The licencee, if defaults, in paying the energy charges for consecutively

three demand notices, on receipt of intimation from the society, the service connection to the premises will be disconnected by the licensor.

The licencee agrees to pay the extra charges as fixed by the licensor towards re-service connection amounting to Rs.100/- to the licenced premises on his written request and subject to clearance of up-to-date

dues.

The licencee agrees not to use any inflammable material/article which will cause hazard to life and property.

The licencee agrees to maintain properly all the electric installations made in the licenced premises and licencee shall be liable for damages.

The licencee agrees to all the terms and conditions as fixed from time to

time and the same is binding on the licencee.

If the licencee fails to pay the dues on the date fixed for such payment in

accordance with this agreement, the same shall be recoverable as arrears

of land revenue.

11. The licencee shall pay all dues payable to the licensor in shape of Account Payee Draft/Pay Order drawn in favour of the B.D.A. or as otherwise directed in writing in advance.

12. The licencee shall not be entitled to sub-let or transfer or mortgage the

premises or to amalgamate the licenced premises with any other

premises. The licencee shall not make any alteration or addition to the licenced premises or make any opening without prior written permission

of the licensor. In the event of such permission being granted, the addition and alteration would be in accordance with the permission.

13. The licencee shall always maintain the inner premises in good condition and shall white wash the licenced premises once in a year and shall

cause all minor repair, replacement of minor fittings done and shall maintain the premises and its surroundings in perfect condition at its cost. The decision of the licensor in interpretation of the term “minor

repairs and replacement of minor fittings” shall be final and binding on the licencee.

14. That the licensee shall not use any part of the licenced premises for the purpose other than those specified in the licence and mentioned in

Schedule-B. At any time during the term of the licence, the licencee shall not carry on or permit to be carried on any offensive or objectionable activity, trade or business in and around the licenced premises, which is

likely to affect public health, public moral and spoil environment or


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becomes nuisance, disparagement, annoyance or inconvenience to the licensor or to other licensee in the neighbourhood. Carrying on any illegal

and prohibitory trade or storing of any combustible, inflammatory, explosive, perishable and semi-perishable goods would be treated as

objectionable activity, trade or business if not discontinued to the satisfaction of the licensor within seven days of service or notice to this effect.

15. That the licencee will observe all the legal or statutory requirement for

carrying on the activity, the licensor indemnified against all the losses,

responsibilities and damages on account of the licensee carrying on such activity, trade or business.

16. The licensor shall stand indemnified against all actions, claims, demands

and expenses on account of any breach by the licencee or any of the

terms of this agreement.

17. The licensor shall not be responsible for any loss or damage to licencee, whatsoever on account of any accident, theft, robbery, fire, rioting, natural calamities etc.

18. The licensor or its authorized representative shall have the right to have

access to the licenced premises for inspection or for any other lawful

purpose.

19. That if the licensor, at any time before the expiry of this agreement, desires to resume the premises for any public purpose, the licencee shall vacate it within 3 (three) months from the notice in writing thereof. On

such vacation of premises, the licencee shall be entitled to the refund of the security deposit after deduction of all the dues, in accordance with the terms and conditions of the agreement.

20. That if the licence of the premises, is obtained by any mis-representation,

mis-statement, fraud or if there is any breach of the conditions of the agreement, the licence shall be terminated and the licencee shall not be entitled to any compensation, whatsoever. Upon termination of the

licence, it shall be lawful for the licensor or its authorized officer to open and enter into the premises and put out the goods and belongings of the

licencee without making the licensor or its agent liable for any loss or damages whatsoever.

21. Upon termination of the licence or on expiry of the term, the licencee shall make over vacant possession of the premises including the fixtures, appurtenances and other effects in good conditions (reasonable wear and

tear excepted) to the licensor, failing so, the licensor shall recover from the licencee the amount needed for putting the fixtures, appurtenances,

effects in the condition mentioned above. The occupation of the premises thereafter by the licencee shall be treated as unauthorized one.


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22. If the licencee duly observes and performs the conditions and covenants herein contained and applied in writing to the licensor not less than 3

(three) months, prior to the expiration of the terms of the licence, the licensor may renew the licence for another term of three years on such

terms and conditions as may be decided. Provided further, the renewal shall not be considered as continuous to previous licence, but shall be a fresh licence.

23. It is further agreed that the licensor reserves the right to enhance the

licence fee at the end of every _______ year at the rate of ______ % of the

licence fee. If the fresh licence agreement is not executed after expire of agreement period for any unavoidable reason it will be accepted by the

parties that the period of licence has been extended with the existing terms and conditions with enhanced licence fee increasing ______% on the existing licence fees till the afresh licence agreement is executed.

24. It is specifically agreed between the parties that during continuance of the

licence or during possession of the licencee after termination of the licence, the licencee shall not disfigure the walls of the premises by means of sticking posters or painting on the walls or otherwise. Any

advertisement by the licencee without permission of the licensor found in the premises shall be considered a violation of the conditions of this agreement. The defaulter shall be liable to compensate the licensor

towards removing such disfigurement of the building.

25. The licence shall be terminable on the part of either the licensor or licencee by 3(three) months notice in writing. Prior to giving such notice, the licencee shall clear all the dues due to the licensor.

26. That the despatch of any letter, notice etc. from the office of the parties

through post, at the address mentioned in this agreement shall be

deemed to have been duly and sufficiently served on the other party after a reasonable time, which normally is taken by the postal department for

delivery notwithstanding its non-delivery because of one reason or the other. In addition to above, it shall also be lawful for the parties to serve any letter, notice etc. by personal delivery in the presence of two witnesses

and such service shall also be lawful and sufficient.

27. An agreement not executed in accordance with Section-118 of the Orissa Development Authority Act, 1982 will not be binding on licensor.

28. For breach of any condition as mentioned above, the licence shall stand determined automatically. Occupation of the premises, after determination would be treated as unauthorized occupation.

29. The licensor shall pay regularly the land revenue, Municipal Tax and any

other taxes of every description for the licensed premises without any burden on the licencee.


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30. The licensor shall not exceed consumption of electricity beyond the limit as will be decided by BDA after load census etc.

31. The licensor will provide water supply for the licensed premises and the

licencee shall pay the water charges. 32. The licencee shall participate in the running of the building association

formed and abide by its rules, regulations and bye-laws. 33. The licensor shall insure the premises with a recognized insurance

company. However, the licencee shall insure for their own assets.

34. Any dispute arising out of or relating to this Agreement shall be settled through mutual discussion failing which the same shall be subjected to Court of Law. This deed has been executed at Bhubaneswar and Courts of

Bhubaneswar and High Court of Orissa shall have jurisdiction in the matter.

35. After expiry of the licence or soon after determination of the licence, the

licencee shall not claim any right over the premises and if it fails to deliver

vacant possession it shall be treated as an unauthorized occupant till the date of vacation and shall be liable to pay damages as provided in the provision of Clause-8 of the agreement.

IN WITNESS WHEREOF the said licensor (Secretary, BDA) and the

licencee (____________________________________) have hereto put their hands on the day, month and year first hereinabove written.

Licencee Licensor

Witness: Witness:

1. 1.

2. 2.


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SCHEDULE–A

The ____________________________ having an area measuring _____________ Acres (__________Sq. Ft.) located in Mouza ____________________ Bhubaneswar as per Bhubaneswar Development Authority lay out plan Drawing No.

______________.

SCHEDULE–B

The office space bearing No.___________________ in _______________________ Official complex measuring super built of area ______________Sq. Ft. and plinth

area _____________ Sq. Ft.,

Licencee Licensor

Witness: Witness:

1. 1.

2. 2.


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Annexure-14

AGREEMENT LICENCE OF COMMERCIAL/OFFICE SPACE (FOR INDIVIDUAL)

(Under Section-118 of the ODA Act, 1982)

This AGREEMENT MADE on _______ day of __________________ 20 ________

BETWEEN the Bhubaneswar Development Authority represented by its Secretary (herein called “the licensor”) of the first part;

AND

Sri/Smt/Ms._________________________________________ Son of / Daughter of/wife of ______________________________________________ (Permanent Address)

At_______________________ P.O.____________________ P.S._______________________ Tahasil____________________ Dist______________________ State__________________ at present address __________________________________________________________

(herein called “the licensee”) of the Second part. AND WHEREAS, the licensor desires to give licence of the premises

described in the schedule ‘A’ below with fixture appurtenances and effects belonging to the Bhubaneswar Development Authority hereinafter referred to

as the premises, for use of the said premises on a monthly licence basis; AND WHEREAS the licensee agrees to take the said premises fully

described in the schedule for the term of __________ years, commencing from the ______________ at a monthly licence fee of Rs. _____________ (Rupees ______ ______________________________) only with the following terms and conditions :-

1. Monthly licence fees:

1.1 The licensee shall pay the prescribed monthly licence fee within the 10th day of each subsequent calendar month. In case of default or delay, the licensee shall pay interest @ 14 % per annum compounded

for the defaulted amount on the period of delay.

1.2 It is further agreed that the licensee shall pay licence fee in the enhanced rate to be increased @ 10% on the existing licence fee after completion of every ____ year.

2. Security deposit:

The licensee shall deposit a sum of Rs. ______________ (Rupees ___________

________________________) only before execution of the agreement, towards security deposit, which shall carry no interest and liable to be forfeited in

case of violation / breach of any of the conditions of the agreement. 3. Energy charges:

3.1 The licensee agrees to pay the monthly energy charges for the premises on receipt of demand from the licensor within the stipulated

time specified in the notice.


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3.2 The licensee shall pay the security deposit and service connection

charges of Rs.__________ (Rupees __________________________________) only towards provision of electric service connection to the premises.

3.3 The licensee shall deposit Rs.____________ (Rupees ________________

____________________) only towards. S.D., for such service connection,

which will be refunded without interest after payment of all dues and peaceful handing over of possession of the premises to the licensor.

3.4 In case of default in payment of the energy charges within the time stipulated, the licensee shall pay the penalty @ fixed by CESU

alongwith Rs.200/- per month. 3.5 If the energy charges are not paid by the licensee for a period

exceeding 60 days, the licensor may disconnect the electric connection without intimation to the licensee and any outstanding

dues shall be adjusted towards security deposit furnished by the licensee. Any residue left it shall be recovered as a due under the agreement and shall recover in the process laid down here in the

agreement. 3.6 The licensee shall pay the additional charges as determined by the

licensor towards re-electrification of the premises, which shall be subject to the written request being made by the licensee for the

purpose and clearance of all dues including monthly licence fees. 3.7 Without prior permission from the licensor, the licensee agrees not to

add by way of installation any electric point in the premises. 3.8 The licensee shall not without authorization supply and provide

electricity outside of the premises.

3.9 The licensee shall maintain properly all the electric installation made in the premises. He shall be liable for any damage to the installation caused due to lack of proper maintenance.

3.10 If required the licensee shall obtain electricity and water connection

from the concerned Agency/Deptt. at his own expense. 4. Mode of payment:

All dues payable to the licensor shall be paid either in shape of Account Payee Bank Draft/Pay order drawn in favour of BDA or in shape of cash deposited in the Oriental Bank of Commerce, BDA Branch located in BDA

office premises or otherwise stipulated from time to time.

5. Interest:

The licensee shall pay interest @ 14% annual compounded of the default amount for every thirty days of default period or part thereof.


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6. Terms & conditions of license:

6.1 The licensee shall not be entitled to sub-let or transfer or mortgage the premises or to amalgamate it with any other premises.

6.2 The licensee shall not make any alteration or addition to the

premises or make any opening without the written permission of the

licensor. Any such alteration and addition shall be strictly in accordance with the permission granted and in the event of any deviation of such permission shall entitle the licensor to cancel the

license and to resume the premises in the mode prescribed under law.

6.3 The licensee shall always maintain the premises in good condition

and shall cause all minor repair, replacement of minor fittings and

maintain the premises and its surroundings in perfect condition at his cost. The decision of the licensor in interpretation of the term

“minor repairs” and “replacement of minor fittings” shall be final and binding on the licensee.

6.4 The licensee shall not use any part of the premises for the purpose other than those specified in the license and mentioned in Schedule-B. The licensee shall not carry on or permit to be carried on any

offensive or objectionable activity, trade or business in and around the premises, which is likely to affect public health, public moral and

spoil environment or becomes nuisance, disparagement, annoyance or inconvenience to the licensor or to other licensee in the neighborhood carrying on any illegal and prohibitory trade or storing

of any combustible, inflammatory, explosive perishable and semi perishable goods would be treated as objectionable activity.

6.5 The license shall stand automatically terminated if the offensive objectionable activity, trade or business is not discontinued to the

satisfaction of the licensor within seven days of service of notice to this effect. The decision of the licensor, as to what is offensive or objectionable activity, trade or business, shall be final and binding on

the licensee and shall not be questioned in any court of law.

6.6 That the licensee will observe all the legal and statutory requirements for carrying on the activity, trade or business, as the case may be, and shall keep the licensor indemnified against all the lossess,

responsibilities and damages on account of the licensee carrying on such activity, trade or business.

6.7 The licensor shall stand indemnified against all actions, claims, demands and expenses on account of any breach by the licensee of

any of the terms of this agreement.


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6.8 The licensor shall not be responsible for any loss or damage to licensee. Whatsoever on account of any accident, theft, robbery, fire

rioting, natural calamities etc.

6.9 The licensor or its authorized representative shall have the right to have access to the premises for inspection or for any other lawful purpose.

6.10 In the event the licensor requires the premises for any public purpose

and / or for any of its purpose shall require the licensee in writing to

vacate the premises within 3 months from the date of the notice issued and in such event the licensee shall comply the same without

fail and for the aforesaid purpose the licensee shall be entitled to get refund of the security deposit after deduction of any due(s) payable to the licensor and in such event the licensee shall also be entitled to

take away all his / her assets available in the premises without causing any loss to the structure of the premises and in the event of

failure on the part of the licensee to comply the notice the licensor shall proceed in accordance with law to resume possession at the cost and risk of the licensee and on such terms and conditions in

respect of the penalty, interest additional charges specified in the agreement.

6.11 The licensee may insure the premises with any recognized Insurance Company to indemnify any loss specified in Cl-VII of the agreement

and in such event the licensee shall furnish the detail particulars cover note / policy issued by the company.

6.12 It is specifically agreed between the parties that during continuance of the licence or during possession of the licensee after termination of the licence, the licensee shall not disfigure the walls of the

Bhubaneswar Development Authority building by means of sticking postures or painting on the walls or otherwise. Any advertisement by

the licensee without permission of the licensor found in the building shall be considered a violation of the conditions of this agreement. The defaulter shall be liable to compensate the licensor towards

removing such disfigure of the building and his licence may also be terminated.

6.13 The premises should function within two months from the date of

taking over possession, if the premises, does not start functioning, it

shall be open to the licensor to determine the licence. 6.14 That the dispatch of any letter notice etc. from the office of the

licensor through post, at the address mentioned in this agreement or subsequently notified by licensee in writing to the licensor, shall be

deemed to have been duly and sufficiently served on the licensee after a reasonable time, which normally is taken by the postal department for delivery notwithstanding its non-delivery because of

one reason or other. In addition to above, it shall also be lawful for


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the licensor to serve any letter notice etc. by personal delivery to the licensee or by affixture on the outdoor of the premises described in

Schedule-B in presence of two witnesses and such service shall also be deemed to be lawful and sufficient.

6.15 In case of any dispute in connection with and/or arising out of the

agreement shall be resolved mutually. In the event of any dispute

remain unsettled shall be referred to the Vice-Chairman, BDA as arbitrator whose decision shall be final and binding to the parties.

6.16 In agreement not executed in accordance with the section-118 of the Orissa Development Authority Act, 1982, will not be binding on

licensor. 6.17 If any dispute arises out of and/or in connection with the contract

shall be within the jurisdiction of Bhubaneswar Civil Court only.

6.18 It is further agreed that the terms the “licensor” and the “licensee” herein used shall unless repugnant to the context include as well, the administrators, successor or assignees of the respective parts.

7. Other terms & conditions:

7.1 The Authority/Licensor reserves the right to make such alterations,

additions or modification in the terms and conditions as may be considered just and expedient.

7.2 In case of any dispute regarding interpretation of these terms and

condition, the decision of the Vice-Chairman of the BDA shall be final

and binding. 7.3 Any dispute between the licensor and licensee shall be subject to the

territorial jurisdiction of the Civil Courts housing jurisdiction over Bhubaneswar only.

7.4 If the licensee commits any act or omission on the premises resulting

in nuisance, it shall be lawful for the licensor to ask the licensee to

remove the licensee within a reasonable period failing which the licensor shall itself get the nuisance removed at the licensee’s cost.

7.5 The licensee shall pay all taxes/charges leviable from time to time by

any other Authority under any law in force.

8. Termination of the license:

It shall be lawful for the licensor to terminate the licence in any of the

following eventualities.

8.1 If the monthly license fee or any part thereof remains unpaid even after a period of 60 days from the date it became due.


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8.2 The licence shall be terminable on the part of either licensor or licensee by one month’s notice. Prior to giving such notice, the

licensee shall clear all the dues due to the licensor.

8.3 For breach of any condition as mentioned in the agreement, the licence shall liable to be determined on service of a 15 days notice in the address of licensee specified in the agreement. Occupation of the

premises, after determination would be treated as unauthorized occupation.

8.4 If the licence of the premises is obtained by any mis-representation, mis-statement, fraud or if there is any breach of the conditions of the

agreement, the licence shall be terminated and the licensee shall not be entitled to any compensation, whatsoever. Upon termination of licence, it shall be lawful for the licensor or its authorized officer to

open and enter into the premises and put out the goods and belongings of the licensee without making the licensor or its agent

liable for any loss or damages whatsoever. 9. Resumption of the premises:

9.1 The licensee shall be bound to deliver vacant possession of the premises and the license shall have the right to enter and take possession of the premises.

9.2 If the licensee fails to deliver vacant possession of the premises, he

shall be liable to pay damages for unauthorised use and occupation of the premises at the rate equivalent to double the monthly license fee till the licence vacates the premises.

9.3 The licensee on failure to handover possession of the premises

voluntarily shall be evicted from premises by initiating proceedings

under the provisions of the Orissa Public Premises (Eviction of Unauthorised Occupants) Act.

9.4 The default licence fees, interest thereon, damages etc shall be

recoverable as arrears of land revenue under the Orissa Public

Demands Recovery Act and / or any mode prescribed under common law forum.


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SCHEDULE-A

The ____________________________________________________ building located in the aforesaid area measuring _______________ in Plot No._______________ in Mouza ______________________ Bhubaneswar as per Bhubaneswar Development

Authority lay-out plan drawing No.

SCHEDULE-B

The shop/office space bearing No.____________________ in the ____________ _______________________ measuring _____________ sft. on West _________________ on East ________________ on North ________________ on South ________________

IN WITNESS WHEREOF the said licensor ________________________________ and the licensee ____________________________________ have hereto respectively signed at Bhubaneswar on the dates appearing below their signatures.

Licencee Licensor

Witness: Witness:

1. 1.

2. 2.


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Annexure-15

INDENTURE FOR SALE THIS INDENTURE made on this the _______ day of __________________ two

thousand ________ Between Sri/Smt. ___________________________________ aged about _______ years son/wife/daughter of ____________________________________ resident of village _______________________________ PO ________________________

PS _______________________________ District _____________________________ State __________________________ at present ________________________________________

(here in after called “the transferor”) of the First part. AND Sri/Smt _________________________________ aged about ________ years

son/wife/daughter of ______________________________________________ of village ______________________________________ PO ________________________________ PS ____________________________ in the District of __________________________ State

__________________ At present ________________________________________________ (here in after called “the transferee”) of the Second part.

AND BHUBANESWAR DEVELOPMENT AUTHORITY, a statutory body corporate constituted under the Orissa Development Authorities Act, 1982

(Orissa Act-14 of 1982) represented by its Secretary (herein after called “the BDA”) of the Third part.

WHEREAS the transferor had taken lease of the plot with house for residential purpose mentioned in the Schedule annexed here to from the

Bhubaneswar Development Authority under the terms and conditions of the registered lease-cum-sale deed dated the ___________________ 20 _____ and is in possession of the same.

AND WHEREAS Transferor being a person belonging to a Scheduled

Tribe/Scheduled Caste certificate as required under section-22 of the O.L.R. Act 196 for sale is produced and attached to this indenture.

AND WHEREAS the transferor is desirous of selling the said property with all rights and obligations to the transferee for a consideration of Rs.___________

(Rupees_____________________________________) with the prior permission of the Bhubaneswar Development Authority which is delegated with the authority to accord such permission on behalf of Governor of Orissa.

AND WHEREAS the transferee is willing to purchase the said property for the said consideration and agrees to remain bound by all the terms, conditions

and convenents of the aforesaid lease-cum-sale deed executed between the transferor and the BDA the contents where of the is aware of and undertakes

all obligations and liabilities of the transferor under the said lease-cum-sale deed and in consideration where of the B.D.A. has permitted this transfer by the transferor in favour of the transferee.


Page - 78


NOW THESE PRESENT WITNESSES and the parties hereto hereby agree as follows:

1. That all rights, benefits and concessions existing in favour of the transferor

under the said lease shall cease from this day shall accrue in favour of the transferee and the transferor hereby acknowledge the receipt of the aforesaid consideration of Rs.____________ (Rupees _______________________)

from the transferee and transfers all his rights, titles and interest in the said property together with all its ceasement and hereditaments to the transferee and puts him in possession of the same.

2. That no obstruction of obstacle shall ever be put by the transferor or at his

instance to the peaceful enjoyment of the said property by the transferee. 3. That unless there is anything repugnant to the subject or context the

expressions “Transferor” and “Transferee” herein before used shall include their, heirs, representatives, and assigns and the expression

“Bhubaneswar Development Authority” shall include its successors and assigns.

IN WITNESS WHEREOF the parties hereto have put their hands and seal on the dates mentioned below their respective signatures. The duplicate is true and exact copy of the original.

SCHEDULE District :

Location : Plot No. : House No. : New Capital, Bhubaneswar Area : Rent :

Bounded By:

North : South :

East : West :


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In the presence of

Witness:

1. Signature of the Transferor

2.

1. Signature of the Transferee

2.

In the presence of

Witness: 1.

Signature of the Third Party 2.


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Annexure-16

APPLICATION FORM FOR PERMISSION TO TRANSFER/CHANGE OF ALLOTMENT OF HOUSE/SHOP/PLOT

LEASED TO THE ALLOTTEES BY BRIT/BDA

1. (i) Name of the allottee applicant(Transferor):

(ii) Permanent Address:

(iii) Present Address:

(iv) Scheme & House/Plot/Shop No.:

(v) Date of registration lease-deed/Agreement: If registered, copy of the deed be submitted

(vi) Whether addition/alteration has been made To the scheme house/plot/shop and if Permission was taken for the same. Mention

particulars Permission if obtained. (This is not applicable for pre-possession transfer

of assets). 2. (i) Name of transferee:

(ii) Permanent address:

(iii) Present address:

3. Reason of transfer:

(i) Mode of transfer (sale/gift)

(ii) Value of transfer

1. Annual income of transferee from all sources: (To be mentioned in the affidavit in details)

2. Whether affidavit by the transferee declaring That Neither He/she nor any of his/her family

members has any land/House/shop within the jurisdiction of Bhubaneswar Municipal area is enclosed.


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3. Whether processing fee paid, if so, quote the Bank

Challan No. and date.

7. Whether willing to abide by the terms and conditions of lease deed.

4. Date of allotment: 5. Date of possession:

6. File No.

Signature of applicant

Date:

DECLARATION

I declare that the above particulars furnished by me are true to the best of my Knowledge and belief.

Signature of applicant

Date:


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Annexure-17

CHECK LIST SCRUTINY OF ITEMS FOR CHANGE OF ALLOTMENT/

OWNERSHIP IN POST-POSSESSION CASES

Registration No. _________________ Dt_____________

1. Name of the Scheme :

2. Plot/House/Shop/Pindi/SCR Restaurant/Office/ Space No.:

3. Whether two years have passed from the date of possession:

4. Date of handing over of possession:

5. Whether all dues of BDA have been Paid by the original allottee:

6. Whether required affidavit submitted both transferor and transferee:

7. Whether processing fee paid : If so, the MR NO. & date

Amount paid Required amount

8. Whether agreement papers/lease deed surrendered:

9. Whether non encumbrance certificate from DSR/ SR submitted :

10. Whether passport size photographs of transferor and transferee submitted:

11. Whether undertaking inshape of affidavit

furnished by the transferee for payment of outstanding dues, if any :

12. Whether Holding tax receipt and Ground rent receipt submitted :


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13. Whether undertaking submitted by the transferor

that the amount deposited against the asset shall stand transferred infavour of the transferee :

14. Whether the allottee has submitted an Indemnity Bond:

15. Whether sale tax clearance certificate Submitted in case of commercial assets :

16. Whether any additional construction made beyond the approved plan :

17. Any UAP Case is initiated or not:

Certified that detailed scrutiny has been done and all the conditions and

pre-requisities have been satisfied for transfer of assets. Further certified that no application is pending for process prior to this case.

Dealing Assistant Section Officer Allotment Officer


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Annexure-18


BHUBANESWAR

No.________/BDA, Bhubaneswar, Date__________

OFFICE ORDER FOR CHANGE OF ALLOTMENT (BEFORE DEED)

Allotment of __________________ under ___________________________________

scheme made in favour of Sri/Smt.__________________________________________,

S/O,D/O,W/O,H/O _____________________ of Village _____________________ Post __________________________ PS __________________________ Dist_________________

is hereby changed to the name of Sri/Smt.___________________________________ S/O,D/O,W/O,H/O __________________________ of Village _____________________ Post ________________________________ PS ________________________________ Dist

__________________________ subject to condition that he will abide by terms & conditions of the scheme as well as lease-deed.

By order of Vice-Chairman

Allotment Officer

Memo No.________/BDA, Bhubaneswar, Date__________ Copy to _________________________________________________ for information.

Allotment Officer

Memo No.________/BDA, Bhubaneswar, Date__________ Copy to ________________________________________________________________

for information & necessary action. He/She is requested to come to this office on any working day with Lease deed form (Building with plot of land/Plot of land for commercial purpose) available in BDA Counter on payment of required

fee duly filled in for execution.

Allotment Officer


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Memo No.________/BDA, Bhubaneswar, Date__________

Copy to E.O, BMC / Tahasildar, Bhubaneswar / Exe. Engineer (Elect),

Bhubaneswar / Asst. Engineer, PH (Rent), Bhubaneswar for information & necessary action.

Allotment Officer

Memo No.________/BDA, Bhubaneswar, Date__________

Copy to F&A-I & II Section, BDA for information.

Allotment Officer


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Annexure-19



OFFICE ORDER FOR PERMISSION FOR TRANSFER OF OWNERSHIP (AFTER DEED)

Permission is hereby accorded in favour of ______________________________ to transfer the house No._______________ under _______________________________ Scheme to _____________________________ by way of sale subject to condition

that the transferee will abide by the terms and conditions of the scheme as well as indenture for sale.


Allotment Officer

Memo No.__________/BDA, Bhubaneswar Date ____________

Copy to ________________________________________________________________ for information. She is requested to purchase forms of Indenture for sale

available in BDA Counter on payment of required fees along with required stamp paper in consultation with concerned D.S.R., Bhubaneswar and be present with the transferee in this office on any working day for execution.

Allotment Officer

Memo No.__________/BDA, Bhubaneswar Date ____________ Copy to _________________________________________________for information.

Allotment Officer


Copy to F&A-I & II Section for information.

Allotment Officer


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Annexure-20


BHUBANESWAR


OFFICE ORDER FOR CHANGE OF ALLOTMENT BEFORE DEED (POST POSSESSION)

A Commercial Plot bearing No.____________ under _______________________ Scheme at _______________________________________ has been allotted in favor of ____________________________________. In the meantime he has applied for post-

possession change of allotment in favour of__________________________________. Considering his request, the Commercial Plot No. ____________________under __________________________Scheme along with all the deposited amount against

the said plot is changed/transferred to the name of __________________________ from the name of ___________________________________under the same terms

and conditions of the scheme as well as brochure.


Allotment Officer


Copy to _________________________________________________for information. _______________________________________ is requested to apply in the prescribed

form (brochure) available in BDA Information Counter on production of deposit challan of Rs.100/- in OBC, BDA Branch, Bhubaneswar for record and reference.

Allotment Officer

Memo No.__________/BDA, Bhubaneswar Date ____________ Copy to F&A-I&II for information and necessary action.

Allotment Officer


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Annexure-21



OFFICE ORDER FOR CHANGE OF ALLOTMENT/TRANSFER OF OWNERSHIP (IN DEATH CASE)

A house bearing No._______________ under _______________________________

Scheme, Bhubaneswar was allotted in favour of _____________________________. Consequent upon her death and basing on the Legal heir certificate/Death Certificate, the ownership/allotment of the said house is hereby transferred/

mutated from the name of deceased allottee __________________________________ to her one legal heir _____________________________________ subject to condition that B.D.A. shall not be held responsible in any manner in case of any

disputes arised in any court/ Forum for this transfer/mutation. Also he will abide by the terms and conditions in the brochure as well as Lease deed.


Allotment Officer


Copy to ________________________________________________ for information.

Allotment Officer


Copy to F&A-I&II Section, BDA for information and necessary action.

Allotment Officer


Page - 89


Annexure-22

CHECK LIST FOR PROCESSING NOC

1. Name of the allottee :

2. Name of the Scheme :

3. Date of application :

4. Name of the Bank : 5. Amount of loan applied :

6. Whether 1st mortgage/2nd mortgage :

7. If 2nd mortgage clearance from 1st Party obtained or not :

8. Details of asset :

9. Cost of asset (original cost) :

10. Processing fee amount : 11. Possession taken over or not : Yes/No

12. Lease deed executed or not : Yes/No

13. Nature of encroachment (as per Land Section report)/deviation/

Unauthorized construction : Yes/No 14. In case of deviation/unauthorised

Security deposit amount : Rs.

Undertaking furnished or not : Yes/No 15. UAP case initiated or not : Yes/No

Dealing Assistant Section Officer Allotment Officer


Page - 90


Annexure-23



OFFICE ORDER FOR NOC (BEFORE DEED)

To ______________________________

______________________________ ______________________________

Sub: Issue of No Objection Certificate in respect of House No. ________________

under _________________________________________Scheme, Bhubaneswar.

Sir, With reference to the subject cited above, I am to say that, BDA has no

objection to mortgage House No. ______________ under ________________________ scheme in favour of ______________________________________ subject to

execution of tripartite agreement. The original cost of the house was Rs._________________ (Rupees _________

____________________________________________) only during the year ___________. The land over which the scheme undertaken is Govt. lease hold land and

free from all encumbrances.

Yours faithfully,

Allotment Officer


Copy to Manager, _______________________________________________________

for information & necessary action. Sanction of loan and its recovery is the

responsibility of the Bank and BDA shall not be held responsible if any dispute arises on this account.

Allotment Officer


Page - 91


Annexure-24



OFFICE ORDER FOR NOC (CONDITIONAL)

To ______________________________

______________________________ ______________________________

Sub: Issue of NOC in respect of House No. ____________________________ under

______________________________________________________________ Scheme.

Sir, With reference to your application dt._____________, I am direct to inform

you that BDA has no objection to mortgage the House No. ____________________ under __________________________________________________ Scheme, in favour of _____________________________________________________________ bank subject to

condition that Bank will deposit the amount in BDA directly/or will send the Bankers cheque/B.D directly subject to execution of tripartite agreement. The

outstanding dues of the above house is Rs.___________________________ (Rupees __________________________________________________) only as on _______________.

The land over which the scheme is undertaken is Govt. lease hold land and it is free from encumbrances.

Yours faithfully,

Allotment Officer


Copy to Manager, _____________________________________________________

for information and necessary action. Bank is requested to send the

draft/Bankers cheque directly to BDA. Sanction of loan and recovery of the same is the responsibility of the said Bank. If any litigation arises out of the same in future, BDA is no way responsible for the same.

Allotment Officer


Page - 92


Annexure-25


No.__________/BDA, Bhubaneswar Date____________

GRANT OF PERMISSION FOR MORTGAGE To

______________________________ ______________________________ ______________________________

Sub: Grant of permission to mortgage the house/shop/plot/SCR/Pindi No.___

____________ under ___________________________________________ Scheme.

Sir/Madam, With reference to your application dt.____________ on the above subject I

am to say that you are allowed to mortgage the house/plot No.________________ under _______________________________________ Scheme of BDA in favour of

_________________________ for securing loan subject to the following condition.

(i) That he/she will be liable for action for violation of the terms and

conditions of the lease and in the event the aforesaid bank and corporation can only claim their mortgage due so far is the lessess’s interest in concerned and no beyond.

(ii) That in case of default in payment of the loan by the lesse the said

______________ shall get clearance from the lessor(Govt. B.D.A) before putting the mortgage property to sale and in the event of said property being sold the purchaser shall execute a deed of agreement in the form to

be indicated by the lessor(Govt.BDA) to abide by the terms and conditions of the original lease deed for the remaining period of the lease.

(iii) In case of default of repayment of loan by the lessee the said _____________

may auction the entire property and not portion thereof and after recovery

of their dues pay the balance to the original lessess Sri/Smt.________________________________.

(iv) Individuals who are not eligible to get lease of land at Capital, Bhubaneswar under the principals governing the grant of lease of land of

Bhubaneswar shall not be eligible to take part in the auction sale of the mortgage property.


Page - 93


(v) The original cost of the asset was Rs.__________ (Rupees ________________).

Yours faithfully,

Allotment Officer

No.__________/BDA, Bhubaneswar Date____________

Copy to _______________________________________________________________ _____________________________________________________________________________.

Allotment Officer


Page - 94


Annexure-26

RECORD OF STATEMENT

Statement of Sri/Smt.___________________________________________ allottee

of House/Plot/Shop/Pindi/SCR No.___________________________________ under

_____________________________________________________________________Scheme.

I Sri/Smt.________________________________________________S/O,W/O,D/O

___________________________________________________ Address__________________

___________________________________________________________________________ is

an allottee of house/plot/shop/SCR/Pindi No. _________________________ under

_______________________________________________ Scheme. I proposed to sale the

above asset to Sri/Smt._______________________________________ I have received

consideration money from Sri/Smt _______________________________________ for

the above purpose. I have not biased by anybody else to sale the said asset to

Sri/Smt ______________________________________ I or family members of original

allottee have no claim over the said assets in future.

Recorded by me

Signature of transferor

Allotment Officer


Page - 95


Annexure-27 (Form No.A)



NOTICE FOR DEFAULT

To ___________________________

___________________________ ___________________________

Sub: Default in payment of installment towards the price of the House No. ___________ EWS/LIG/MIG/HIG/Apartment/Shop/Shop-cum-Residence

/kisok of _____________________________________________ Scheme.

Sir/Madam,

You have defaulted in the payment of _____________ monthly installments

for the above house with land/apartment/Shop/Shop-Cum-Residence/Kiosk

for a total amount of Rs.______________ till the end of _________________ 20____ according to the agreement. Please note that you have rendered yourself liable to pay penal interest as would be due @ ___________ on the defaulted amount.

The default may entail determination of the agreement resulting in withdrawal of the allotted house/apartment/shop/shop-cum-residence/kisok from you.

You are requested to clear the arrear dues on or before ________________

to obviate penal action.

Thanking you.

Yours faithfully

For Bhubaneswar Development Authority


Page - 96


Annexure-28 (Form No.B) By Regd. post


BHUBANESWAR


NOTICE FOR DETERMINATION OF AGREEMENT

To ___________________________

___________________________ ___________________________

Sub: Default in payment of installments towards House No. ____________under

____________________________________________ Scheme.

Sir/Madam,

You have defaulted in payment of installments due @ Rs._____________/-(Rupees___________________________________________________only) as per month towards the price of above mentioned house with land despite issue of notice.

Up to date ________________ installments dues amounting to Rs. __________ have been defaulted.

Please take notice that if the installments due from you upto

_____________ are not paid together with interest to Bhubaneswar Development

Authority on or before ______________ the Bhubaneswar Development Authority will determine the agreement under clause- ____________ in which case you will be called upon to deliver vacant possession of the land and the house to

Bhubaneswar Development Authority and pay damages as provided for in the agreement.

Yours faithfully

For and on behalf of

Vice-Chairman, BDA


Page - 97


Annexure-29 (Form No.C) By Regd.post


BHUBANESWAR


NOTICE REQUIRING THE ALLOTTEE TO DELIVER POSSESSION OF THE HOUSE TO BDA

To ___________________________ ___________________________

___________________________

Sub: Default in payment of installments towards the price of the House No.____________ EWS-(Cluster) EWS-‘A’/EWS-‘B’/LIG/MIG-‘A’/MIG-‘B’/ MIG-‘C’/HIG of ______________________ Housing Accommodation Scheme.

Sir/Madam,

You have defaulted in the payment of _________ monthly installments for

an aggregate amount of Rs._________________ till the end of ____________ 20____ towards the price of the house with land mentioned above in spite of notices

issued to you.

Please therefore, note that the agreement executed by you has been

determined by B.D.A with effect from __________ 20____ in accordance with the condition in clause-16/18 of the agreement. You are hereby called upon to deliver vacant possession of the land and the house not latter than the

__________ 20____ to an officer of the B.D.A. named below and pay in this office the arrears with penal interest at the rate of _________ from the date of default.

Please note further that failure to deliver vacant possession of the land the house to B.D.A. as required above will render you liable to pay to B.D.A special damages at Rs.___________ per diem for every day of overstayal in the house

apart from other legal liabilities.

Yours faithfully

For and on behalf of Vice-Chairman, BDA

Officer to whom possession will be delivered

Name _________________________________

Designation ___________________________


Page - 98


Annexure-30


No.________/BDA, Bhubaneswar Date____________

REQUSITION FOR INITIATION OF OPP CASE

Before the Estate Officer,

Bhubaneswar Development Authority, Bhubaneswar.

Sub: Requisition for initiation of O.P.P. Case/Eviction/Resumption of

possession.

Sir,

I am directed to say that Sri/Smt.________________________________son of /wife of Sri_______________________________________ was allotted the asset as detailed in “Schedule-A” by virtue of the agreement executed on _____________.

He/She has failed to deposit the installments as per terms and conditions of the agreement for which the agreement was determined with effect from ________________ which has been communicated to him/her in this office letter

No._______________ dt._______________ with an instruction to deliver the possession of the said asset. But the possession has not yet been delivered by

him/her for which he/she is liable to be evicted from the premises and the possession is to be presumed as if he/she is an unauthorized occupant as per provision of the OPP Act, consequent upon the determination of agreement.

The present and permanent address of the Ex-allottee is detailed in “Schedule-B”.

It is therefore, requested that the possession of the asset may kindly be taken over as per the procedure of OPP Act and delivered to Executive

Engineer,Division No.__________ and the date of recovery of possession intimated to the undersigned for record and reference.

Yours faithfully,

Allotment Officer


Page - 99


SCHEDULE-A

i) Name of the Scheme:

ii) House/Apartment/Shop/SCR/Kiosk/Plot No.

iii) Amount outstanding as on _________________

SCHEDULE-B

Present Address:

Permanent Address:

Memo No.__________/BDA, Bhubaneswar, Date____________

Copy to the Executive Engineer, Division No.____________ for information and necessary action.

He is requested to intimate the date of taking over of the possession to the undersigned for taking further action in the matter.

Allotment Officer


Page - 100


Annexure-31


No.__________/BDA, Bhubaneswar, Date ____________

INITIATION OF PROCEEDING UNDER SECTION-91 OF ODA ACT FOR UNAUTHORIZED/ADDITIONAL CONSTRUCTION

BEFORE THE OFFICER ON SPECIAL DUTY (ODA ACT.) BHUBANESWAR DEVELOPMENT AUTHORITY, BHUBANESWAR

Sir,

MOST RESPECTFULLY SHEWTH:-

1. That the allottee named below has undertaken the construction/

additional construction on/with the allotted plot/house/SCR/Shop/

Pindi (herein after called the asset) which has been detailed below deviating/without approved plan.

2. i) Name of the allottee:

ii) Present Address:

At: Po:

Dist: iii) Permanent Address

At: Po:

Dist:

iv) Flat/House/SCR/Shop/Pindi No. v) Name of the Scheme.


Page - 101


2. That the allottee has applied for transfer/change of allotment/Execution of lease deed/permission to mortgage/No-objection Certificate for the

said asset.

3. That the allotte has deposited the required security deposit and affidavit anticipating/pending approval of building plan for the said construction, relying upon the decision vide office order No.2954/AL dated 21.3.06 for

which a proceeding is required to be initiated against such construction 4. That the undersigned has been authorized by virtue of office order

No.141 dt.5.1.09 for filing this petition for initiation of proceeding under Section-91 of ODA Act 1982 against such unauthorized construction.

5. That the report of the Amin as indicated in the sketch plan in support of

unauthorized/additional construction is enclosed here with for favour of

your kind perusal and reference.

PRAYER

It is, therefore, prayed that the proceeding under Section-91 may kindly be initiated against the allottee and the final orders may be communicated to this section for taking further course of action in the matter.

Yours faithfully,

Section Officer

Allotment Section


Page - 102


Annexure-32



OFFICE ORDER FOR RESTORATION OF AGGREMENT

The agreement of the __________________________________________________ was determined by B.D.A. which was determined by B.D.A. with effect from ______________ is hereby restored in favour of the ex-allottee on payment of

arrear dues subject to condition that, the above asset shall not be transferred/sold within a period of three years from the date of restoration.

By order of Secretary

Allotment Officer

Memo No.__________/BDA, Bhubaneswar, Date ____________

Copy to________________________________________________for information.

Allotment Officer


Copy to Enforcement Officer, BDA for information.

Allotment Officer


Page - 103


Annexure-33



LETTER FOR COLLECTION OF GROUND RENT FROM ALLOTTEE

To The Tahasildar

Bhubaneswar Sub: Collection of ground rent from the allottee.

Sir, I am to say that the following allottee has been allotted a plot with

house/apartment by this Authority. The lease/lease-cum-sale deed etc. as required in respect of the said asset has been executed and registered. You

are, therefore, requested to collect the ground rent from him/her as per the information given below:

1. Name & address of the allottee: 2. Plot/House/Apartment No.

3. Name of the Scheme: 4. Name of the Mouza: 5. Area of the plot/plot with house:

6. Rate of ground rent: 7. Date from which rent will be collected:

Yours faithfully,



Copy to R.I, ______________________ for information and necessary action.



Copy to Sri/Smt.________________________ for information with reference to his representation dt.____________



Page - 104


Annexure-34

APPLICATION FOR NOC/PERMISSION FOR MORTGAGE OF ASSETS

To The Allotment Officer

BDA, Bhubaneswar

Sir/Madam,

I am submitting herewith the required information & documents and request you to kindly issue the N.O.C./permission to mortgage my asset to avail loan from the undermentioned Bank/Financial institution.

1. Name & address of the applicant(P.A. holder will Submit a copy of power if not submitted/approved earlier ):-

2. Description of the Asset:-

(i) Name of the Scheme:- (ii) Category:-

(iii) Asset No.:- 3. Registration No.

4. Cost of the Asset:-

5. Name & address of the Bank/Financial Institution from which Loan will be availed.

6. Purpose of loan:-

7. Amount of loan applied for:-

8. Whether 1st/2nd mortgage(In case of 2nd mortgage, Clearance certificate of 1st mortgage will be enclosed):-

9. Whether any construction/additional construction is undertaken in the allotted plot/house:- Yes/No

(If yes, copy of valid approved plan is to be enclosed)


Page - 105


10. Processing fee deposited (Original deposit challan will be enclosed)

(a) Amount:-

(b) Name of the Bank:

(c) Scroll No. & Date:- 11. Date of allotment of the Asset:-

12. Date of Possession if taken over:-

13. Date of Lease deed if executed:-

14. (i) Whether proceeding has been initiated for Any unauthorized construction:- Yes/No

(if y es, mention the case number)

Signature of the Applicant


Page - 106


Annexure-35

UNDERTAKING FOR UN-AUTHORISED CONSTRUCTION BY THE ALLOTTEE

I Sri/Smt/Kumari _________________________________________ aged about ________ years S/O, D/O, W/O ____________________________________________ of Village _____________________________, PO_____________________________________

PS____________________________ Dist_______________________________ at Present _____________________________________________________________________________

do hereby undertake that I shall be responsible for unauthorized construction/ deviation of the approve plan made over House No._____________________ under ______________________________________________________ scheme, Bhubaneswar.

1) I shall also be held responsible for encroachment of Govt. land

adjacent to my house and will abide by all the rule and regulations of authority.

2) I shall be liable to remove extra construction if not compoundable.

3) I shall be liable to vacate the encroached Govt. land at my own cost.

4) If I fail to comply with BDA’s orders in this connection the authority will take demolition/eviction at my own cost and I

will have no objection to it. 5) Further, I also herewith undertake that I cannot take shelter in

any court of law under any circumstances on the above matter.

Witness:

1)

Signature of the allottee

2)


Page - 107


Annexure-36

PROPERTY REGISTER (BUILT PROPERTY)

Particular of Property

Sl.

No.

Location Area of land & its book

value Total plinth area of the

building & its costs.

Ward

Number

House

Number

Area of

Land Cost Plinth area Cost

1 2 3 4 5 6 7

Useable floor area

excluding corridors, verandah but

including baths, W.C.,

Kitchen & Store.

Purpose for which

purchased, acquired or constructed together with

reference to resolution of

the Authority

Date of

construction, purchase, or

acquisition.

Type of

construction,

single, double or multistoried

(Give No. of

storeys)

8 9 10 11

Whether permanent, semi

permanent or

temporary

Residential

or non-

resedential

How

used at

present

Annual rent demand if

any

(in rupees)

Annual rent outstanding if

any

(in rupees)

Remarks

12 13 14 15 16 17

Note: All areas should be expressed in hectares/acres and square meters.


Page - 108


Annexure-37

ALLOTTEE WISE COLLECTION REGISTER

Name of Allottee _________________________ Name of the Scheme _________________________

Present Address _________________________ Regd. No. _________________________ House No.

_________________________ Date of occupation Permanent Address _________________________

_________________________ _________________________

Allotment file No. _________________________

Schematic cost of the House __________________________________ Interest charged __________________________________ Sale price of the House __________________________________

(On Rs._________________________________) Infrastructure cost __________________________________

Total :- __________________________________

Earnest money deposited before occupation towards cost of House. a. First E.M.D. Rs.___________ M.R. No.____________ Dt.___________

b. Second E.M.D. Rs.___________ M.R. No.____________ Dt.___________

c. Third E.M.D. Rs.___________ M.R. No.____________ Dt.___________

d. Fourth E.M.D. Rs.___________ M.R. No.____________ Dt.___________

e. Fifth E.M.D. Rs.___________ M.R. No.____________ Dt.___________

Amount deposited before occupation towards cost of infrastructure.

a. First E.M.D. Rs.___________ M.R. No.____________ Dt.___________

b. Second E.M.D. Rs.___________ M.R. No.____________ Dt.___________

c. Third E.M.D. Rs.___________ M.R. No.____________ Dt.___________

d. Fourth E.M.D. Rs.___________ M.R. No.____________ Dt.___________

e. Fifth E.M.D. Rs.___________ M.R. No.____________ Dt.___________


Page - 109


Installment fixed per month _____________ Rs._____________________

Commencement of first installment _____________________________ Number of installments _____________________________

Due date of payment by 10th of the month.

Penal interest per installment ________________________ Rs.__________ Signature of Assistant Signature of S.O Signature of A.O

Sl.

No.

Month

& Year

Amount

due

Amount

paid

Challan

No. &

Date

No. of

Installment

paid

Interest Total

due

Remarks


Page - 110


Annexure-38

ALLOTMENT SUB LEDGER

Name of the Scheme:-

Sl. No.

Name of the allottee

Regd. No.

Asset No.

Khata No.

Area Allotted

Whether corner

plot or

not

Cost of

the

asset

Date of allotment

Date of taking over

of

possession

Signature of D.A Signature of S.O Signature of A.O


Page - 111


Annexure-39


BHUBANESWAR


COVERING LETTER FOR SENDING STATEMENT OF ACCOUNT TO THE ALLOTTEE

To, ______________________________

______________________________

______________________________

Sub: Statement of accounts for the quarter ended _______ (________ to _______)

Sir/Madam,

Enclosed please find the quarterly account statement against your

House/ Plot/ Apartment allotted to you for the period from _____________ to

____________, you are requested to confirm the outstanding balance within 15

days from the date of issue of this letter failing which the amount as shown in

the statement shall be treated as final.

Yours faithfully,

Allotment Officer


Page - 112


Annexure-40

COLLECTION OF RENT/ELECTRICITY/SERVICES CHARGES

Name of the allottee ___________________________ Asset No.________

Rate of Rent/Electricity Charges per month._________ Date of Possession

Service Charges if Any. _______________

Name of the Scheme _______________

Sl. No.

Month Dues (Rs.)

Details of payments Interest if any

Interest received

Remarks Challan

No. Date Amount

(Rs.)


Page - 113


Appendix-A

Form no.____

FOR

AUCTION SALE OF CONSTRUCTED ASSETS

BHUBANESWAR DEVELOPMENT AUTHORITY AKASH SHOVA BUILDING, PT. JAWAHARLAL NEHRU MARG

BHUBANESWAR – 751 001

Phone: (0674) 2390842, Fax: (0674) 2390633

Rs.1000/-

Sale of application form

Last date & time of receipt of Application form (Through Regd. Post / Speed Post only)

Date & time of Opening of sealed quotations

BROCHURE-CUM-APPLICATION FORM


Page - 114


DETAILS OF ASSETS

Sl.

No.

Name of the

scheme Location

Category

of asset Asset No.

Plot

Area

(in square

meter.)

Plinth

area

(in square

meter.)

Unit upset price

of the asset

(in Rs.)

Type of

Asset Remarks

1

2

3

4


Page - 115


TERMS AND CONDITIONS

1. Condition for sale

1.1 The property shall be sold on “As is where is basis”.

1.2 The asset cannot be used for storage or sale of Alcoholic & narcotic items/meat/egg/fish and such similar items. The applicant has to clearly mention the nature of business he/she intends to take up in

the premises and BDA reserves the right to permit such business.

1.3 The allottee shall be responsible for obtaining water supply and/or

electricity connection from the concerned Departments at his/her own cost and also pay holding tax/ground rent to the concerned authorities.

1.4 No addition/alteration of the existing structure shall be made by the allottee without prior approval of the Authority.

1.5 Bidders, who fail to take over possession of the allotted asset within 15 (fifteen) days from the date of intimation for taking over possession, shall be required to pay watch & ward charges @

Rs.5000/- per month or part thereof till he/she takes over possession. In case possession is not taken within six months of allotment being made, BDA shall have the right to cancel the

allotment and dispose the property by allotting it to the next highest bidder or in any other manner at its sole discretion. In this case,

amount already deposited including the EMD will be forfeited.

1.6 The allottees will have to submit a written undertaking in stamp paper in the format prescribed by the BDA at their own cost to abide

by the above terms and conditions at the time of final payment.

1.7 The asset shall be allotted on lease basis.

1.8 On payment of all dues, the allottee shall be intimated separately in due course to register the lease deed at his/her cost after observing all formalities.

1.9 The assets cannot be transferred within five years of taking possession.

1.10 In case of death of the applicant and/or the allottee, the nominee

shall act as representative of his/her successors and accordingly all actions taken, consent given, approval made by him or her, shall

bind the successors of the applicant/allottee in all respects.

2. EMD

2.1 The bid shall be accompanied with 10% of the quoted bid amount as

earnest money (EMD).The EMD shall be adjusted towards bid amount in case of successful bidders.


Page - 116


2.2. The earnest money (EMD) shall be deposited in the form of a demand draft or pay order of any scheduled commercial bank payable to

Bhubaneswar Development Authority at Bhubaneswar.

2.3 In case of un-successful applicants, the EMD shall be refunded

without any interest.

3. Procedure for purchase of application form and submission of Bids

3.1 The cost of brochure is fixed at Rs.1000/- and in case the brochure

is downloaded from the website, Rs.1000/- towards cost of the brochure shall be paid by the bidder along with EMD in the form of a DD/pay order separately.

3.2 The applicant shall submit the application in the enclosed form along with required documents in a separate envelope through Registered

Post/Speed Post only so as to reach the BDA on or before ______ P.M. of Dt. ____________. The Authority will not be held responsible for any loss or delay in receipt of application through Postal Service. Delivery

by hand or through private courier will not be accepted.

The envelope containing the application form shall be clearly super-

scribed in bold letter with.

“Application for purchase of constructed asset under

the scheme __________________________________________,

Category ________________ and asset No._________________”

Addressed to Secretary, Bhubaneswar Development Authority, Sachivalaya Marg, Bhubaneswar- 751 001, Orissa. The full name &

address of the applicant should be clearly mentioned on the envelope. Application without this superscription will be rejected.

3.3 Separate application forms for each unit with all documents and EMD should be submitted in sealed cover with proper superscription for each asset applied for.

3.4. The applicant has to quote the maximum bidding price he can offer against the particular asset. The quoted price can not be less than the upset price fixed. In case the offer price is less than the upset

price, the bid will be rejected.

4. Withdrawal of application

4.1 Incase, an applicant withdraws his/her application before the bid opening date, the EMD shall be refunded without any interest after deduction of Rs.10000/- towards processing fees.

4.2 No application for withdrawal of bids will be entertained after _______ of Dt.__________.


Page - 117


5. Opening of Bids and selection of the highest bidder

5.1 The sealed envelopes containing application and other documents

will be opened at _______ onwards on Dt.____________ in the basement of BDA Office building, Bhubaneswar, in presence of bidders or their

authorized representatives (as per prior notice).

5.2 BDA reserves the right to extend the last date of submission of application and/or the date of auction.

5.3 The allotment of the asset shall be made to the highest bidder and in case of more than one applicant quoting the same bidding price, the allotment shall be made through lottery.

6. Deposit of Bid amount

6.1 The selected bidders shall be required to deposit the full balance

amount after adjustment of EMD within 30 days from the date of provisional allotment letter. Inability to deposit the balance amount within the prescribed time limit or withdrawal by the bidder shall

render the bid invalid and the total EMD amount will be forfeited.

6.2 On request, Vice Chairman BDA, to his sole and absolute discretion,

reserves the right to extend the last date of deposit of the balance bid amount for a reasonable period up to a maximum of six months, subject to payment of interest @ 15 % per annum compounded on

the balance amount for the extended period. Inability to pay the balance amount within the extended period shall render the bid invalid and the EMD will be forfeited.

7. Cancellation

BDA reserves the right to cancel the auction for unavoidable reasons. In

such case, the application fees and EMD amount will be returned in full.

8. Interpretation

In case of any dispute relating to the terms and conditions of the bid or

any other matter relating to these, the decisions of the Vice-Chairman shall be final.

9. Jurisdiction of Court

The courts of Bhubaneswar, regardless of any other place where the cause of action or any part thereof might occur, shall have jurisdiction over all

matters arising out of or relating to this auction.


Page - 118


Form no. ____


APPLICATION FORM FOR INDIVIDUAL

For allotment of constructed assets through auction sale under different schemes (Separate application form to be used to quote for each constructed asset)

1. Name

(In Capital letters)

2. Date of birth / /

3. Father’s/ Husband’s Name

4. Present Address

5. Permanent Address

6. Phone Nos.

Mobile No. Email:

7. Nominee’s Name with address:

8. Detail of the Asset –

8.1 Scheme

8.2 Location

8.3 Category

8.4 Asset No.

8.5 Advertisement No. & Date

9. Earnest Money Deposited (EMD) Rs. .

DD/ Pay Order No. (If any): No. ________________________________________ Date: ____________________________

Bank name & Branch ______________________________________________________________________________

10. Total Price offered for the Asset. : Rs. .

(In words Rs._______________________________________________________________________________________only)

I hereby undertake to abide by all the terms & conditions prescribed by BDA for this scheme.

Date: Full signature of the applicant

Photograph

with signature


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Form no. ____


APPLICATION FORM FOR FIRM / COMPANY

For allotment of constructed assets through auction sale under different schemes (Separate application form to be used to quote for each constructed asset)

1. Name of the Firm/Company (In Capital letters)

2. Registration No.

3. Name of the authorised Signatory

4. Address for communication

5. Phone Nos. Mobile No. Email


6.1 Scheme

6.2 Location

6.3 Category

6.4 Asset No.




Bank name & Branch ______________________________________________________________________________


(In words Rs._______________________________________________________________________________________only)


Date: Full signature of the authorized signatory (With stamp/seal of the firm/company)


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Appendix-B

Form no.____

FOR

AUCTION SALE OF PLOTS

BHUBANESWAR DEVELOPMENT AUTHORITY AKASH SHOVA BUILDING, PT. JAWAHARLAL NEHRU MARG

BHUBANESWAR – 751 001

Phone: (0674) 2390842, Fax: (0674) 2390633

Rs.1000/-

Sale of application form

Last date & time of receipt of Application form (Through Regd. Post / Speed Post only)

Date & time of Opening of sealed quotations

BROCHURE-CUM-APPLICATION FORM


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DETAILS OF PLOTS

Sl.

No.

Name of the

scheme Location

Category

of plot Plot No.

Plot

Area

(in square

meter.)

Land use

of the plot

Unit upset price

of the plot

(in Rs.)

Floor Area

Ratio

permissible.

Remarks

1

2

3

4


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TERMS AND CONDITIONS

PART-I

1. Norms of development

The allottee shall be allowed to construct buildings on the plots as per

BDA (Planning & Bilding Standards) Regulations-2008 as amended from time to time.

2. Eligibility

Any individual or firm/company can apply. Separate application form has to be used for the individuals and for firm/company as enclosed in the

brochure.

For residential plots, one family can apply for one plot only and for this purpose, family consists of husband/wife and minor children.

Successful bidders can change the name of the executing company/body corporate within 30 days from the date of acceptance of tender after taking prior permission from the Authority, provided the promoters

remain the same.

3. Earnest money and processing fee

The bid shall be accompanied with a non-refundable processing fee of Rs.10000/- (Rupees ten thousand) only and 10 % of the quoted bid amount as earnest money in the form of Bank Draft/Pay order in favour

of Bhubaneswar Development Authority payable at Bhubaneswar.

4. How to apply

The interested bidders may apply for allotment of plot on prescribed application form. The form shall be made available at BDA office from ___________ to ___________ on payment of Rs.1000/- in shape of DD/Pay

Order drawn in favour of BDA, BBSR and payable at BBSR. The form can also be downloaded from the website www.bdabbsr.in and in this case, an amount of Rs.1000/- only in shape of DD of any scheduled commercial

bank payable at Bhubneswar should be attached separately along with the application form. This amount of Rs.1000/- as cost of form is non-

refundable.

5. Acceptance of Tender

5.1 The envelope containing the application form, EMD, processing fee

and other required documents should be super scribed as

“Application for purchase of plot under

the scheme __________________________________________,

Category ________________ and plot No._________________”


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and should contain the complete postal address of the applicant. Applications received without this superscription will be rejected.

DD/Pay order for each payment like EMD, processing fee, and cost of application (in case of application forms downloaded from the

website) should be prepared separately and attached to the application form. It should reach the BDA office by due date through registered post/speed post only. No application by hand or courier

will be accepted. BDA will not be responsible for any postal delay. Applications received after due date will not be entertained.

5.2 The bids for the tenders will be received by ______ of ____________ and

will be opened in the presence of the bidders at ______ on ___________ in the basement of BDA office.

5.3 The highest offer will normally be accepted.

5.3.1. However tenders incomplete in any respect will be summarily rejected.

5.3.2 The applicant cannot withdraw the Offer/Tender once made.

5.3.3 The Vice-Chairman of the Authority may, without assigning

any reason, withdraw any or all the plots from the scheme at any stage.

5.3.4 The Vice-Chairman may accept or reject any offer, including

the highest bid, and his decision in this behalf shall be final and binding.

6. Payment

The successful bidder shall be required to pay the total bid amount for the plot (after adjusting earnest money deposited) within 30 days from the

date of issue of provisional allotment Letter.

All payment should be made through a demand draft/pay order drawn in favour of BHUBANESWAR DEVELOPMENT AUTHORITY and payable at

any scheduled commercial bank located in Bhubaneswar

7. Extension of time

7.1 Extension for deposit of bid amount shall not be allowed under

normal circumstances.

7.2 In case of default, the allotment is liable to be cancelled without any

further notice and the earnest money shall be forfeited.

7.3 All payments should be remitted by due date. In case the due date is a bank holiday, then the allottee shall ensure remittance on the next

working day. In exceptional circumstances and on request, the Vice-Chairman BDA, to his sole and absolute discretion, may extend the

last date of payment for a reasonable period subject to a maximum of


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six months. However, in such cases of time extension, interest @ 15% per annum compounded monthly shall be charged on the

outstanding amount for such extended period.

7.4 The payment made by the allottee will first be adjusted towards the

interest due, if any, and thereafter the balance will be adjusted towards the premium due.

PART–II

8. Area

The area of plot allotted may slightly vary at the time of handing over of the possession. The bid amount of the plot will be determined proportionately basing on the increase or decrease in the area as per field

position. If such variation is within 10% of the area notified, no surrender shall be allowed. However, if such variation is more than 10%, the allottee

will have the option of surrendering the allotment and taking back the entire amount deposited by him/ her without any interest.

9. As is where is basis

The plots will be handed over to the highest bidder on “As is where is basis” on lease.

10. Return of EMD to unsuccessful applicants

The DD/PAY ORDER deposited towards earnest money deposit will be returned in original to the unsuccessful bidder after completion of tender

process. However, the processing fee shall not be refunded.

11. Ground rent

The lessor shall have to pay yearly ground rent and other taxes/charges

as would be levied by local and Statutory Authorities.

12. Documentation

The cost and expenses of preparation, stamping and registering the legal documents and its copies and all other incidental expenses will be borne by the allottee, which will also pay the stamp duty levied on transfer of

immovable property, or any other duty or charge that may be levied by any Authority empowered on this behalf. However, in case of delay in execution of lease deed by the allottee, extension can be granted by the

Vice-Chairman or any other officer authorized by him subject to payment of penalty @ Rs.10/- for 1000 Sq. Mtrs per day.

13. Construction

13.1 The allotee shall be required to complete the construction of project on allotted plot as per approved layout plan and get the occupancy


Page - 125


certificate issued within a period of five years from the date of allotment or the date of lease whichever is earlier.

13.2 Without prejudice to the Authority’s right of cancellation, the extension of time for the completion of Project can be extended for a

maximum of another two years only with penalty as under.

For first year, the penalty shall be 4% of the total premium.

For second year, the penalty shall be 5% of the total premium.

Extension of time for more than two years as stated above will not be permitted under any circumstances.

13.3 In case the allottee does not construct the building within the time

provided including extension granted, if any, for above, the allotment /lease deed as the case may be, shall be liable to be cancelled.

Lessee shall lose all rights to the allotted land and buildings appurtenant thereto.

14. Mortgage

14.1 The allottee may, with prior permission of the Authority, mortgage the land to any Government recognized institution for raising loan for

the purpose of financing his investment in the project or to issue NOC to mortgage the said land to facilitate the loans of the final purchasers subject to such terms and conditions as may be decided

by the Authority at the time of granting the permission.

Provided that in the event of sale or fore closure of the mortgaged/ charged property, the Authority shall be entitled to claim and recover

such percentage, as decided by the Authority, of the unearned increase in values of properties in respect of the market value of the

said land as first charge, having priority over the said mortgage charge. The decision of the Authority in respect of the market value of the said land shall be final and binding on all the parties

concerned.

14.2 The Authority’s right to the recovery of the unearned increase and the pre-emptive right to purchase the property as mentioned herein

before shall apply equally to involuntary sale or transfer, be it by or through execution of decree of insolvency/court.

15. Transfer of plots

The transfer of allotted plot, as a whole will be allowed only after five years of taking possession. However, individual units constructed on the plot

will be transferable.

16. Misuse, additions, alterations etc.


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The allottee shall not use the land for any purpose other than prescribed. Sub-Division or amalgamation of plots shall not be permitted.

17. Liability to pay Taxes

The allottee shall be liable to pay all rates, taxes, charges and assessment

of every description imposed by any Authority empowered in this behalf, in respect of the plot, whether such charges are imposed on the plot or on building constructed thereon, from time to time.

18. Cancellation of Lease Deed

In addition to the other specific clauses relating to cancellation, the Authority will be free to exercise its right of cancellation of lease/allotment

in the case of:

(i) Allotment being obtained through misrepresentation/suppression of

material facts, mis-statement and/or fraud.

(ii) Any violation of directions issued or rules and regulation framed by any Authority or by any other statutory body.

(iii) Default on the part of the applicant/allottee for breach/violation of terms and conditions of registration/allotment/lease and/or non-

deposit of allotment amount.

19. Resumption of possession

If the plot is occupied by the allottee even after cancellation of the

allotment/lease, an amount equivalent to 25% of the total premium of the plot shall be forfeited and possession of the plot will be resumed by the Authority along with structures thereon, if any, and the allottee will have

no right to claim compensation thereof. The balance premium, if any shall be refunded without any interest. The forfeited amount shall not exceed

the deposited amount with the Authority. No separate notice shall be given in this regard.

20. Other clauses

20.1 The Authority reserves the right to make such decisions/additions/ alternations or modifications in the terms and conditions of allotment/lease from time to time, as may be considered just and

expedient.

20.2 In case of any clarification or interpretation regarding these terms

and conditions, the decision of the Vice-Chairman of the Authority shall be final and binding.

20.3 If due to any “force-majure” or such circumstances beyond the

Authority’s control, the Authority is unable to make allotment in pursuance of executed lease deed, the premium deposits will be


Page - 127


refunded along with simple interest @ 4% p.a., if the delay in refund is more than one year from such date.

20.4 Any dispute between the Authority and Lessee shall be subject to the territorial jurisdiction of the Civil Courts having jurisdiction over

Bhubaneswar.

20.5 All arrears due to the Lessor will be recoverable as arrears of land revenue.

20.6 The allottee shall not be allowed to assign or change his role, otherwise the lease shall be cancelled and entire money deposited shall be forfeited.


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Form no. ____


APPLICATION FORM FOR INDIVIDUAL

For allotment of plots through auction sale under different schemes (Separate application form to be used to quote for each constructed asset)

1. Name

(In Capital letters)

2. Date of birth / /

3. Father’s/ Husband’s Name

4. Present Address

5. Permanent Address

6. Phone Nos.

Mobile No. Email:

7. Nominee’s Name with address:


8.1 Scheme

8.2 Location

8.3 Category

8.4 Plot No.

8.5 Area in Sft.




Bank name & Branch ______________________________________________________________________________


(In words Rs._______________________________________________________________________________________only)


Date: Full signature of the applicant

Photograph

with signature


Page - 129


Form no. ____


APPLICATION FORM FOR FIRM / COMPANY

For allotment of plots through auction sale under different schemes (Separate application form to be used to quote for each constructed asset)

1. Name of the Firm/Company (In Capital letters)

2. Registration No.

3. Name of the authorised Signatory

4. Address for communication

5. Phone Nos. Mobile No. Email


6.1 Scheme

6.2 Location

6.3 Category

6.4 Plot No.

6.5 Area in Sft.




Bank name & Branch ______________________________________________________________________________


(In words Rs._______________________________________________________________________________________only)


Date: Full signature of the authorized signatory (With stamp/seal of the firm/company)

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