This Deed of lease made this day the 31 st December, 1963 between Sri Monilal Basu, M.B., B.S., D.T.M., chairman, district borad, Howrah for and on behalf of the district board of Howrah and Sri Jayanta Kumar Banerjee, Principal, Uluberia college and secretary of the Governing body of the Uluberia College (who has been authorized and empowered by the said Governing body to execute and register this deed on its behalf by a resolution passed at a meeting of the said governing body held on the 21 st May, 1960) for and on behalf of the gover5ning body of the Uluberia College, hereinafter called the 2nd party.
Whereas the 1st party acting on the prayer of 2nd party granted to the 2nd party, lease of the land described in scheduled ‘A’ appended to this deed measuring one bigha seventeen cottahs and three chataks situate at mousa Uluberia, P.S. Uluberia, sub-registration office, Uluberia, District Howrah for a period of 75 (seventy-five years at an annual rental of Rs. 55/- (rupees fifty-five only) for the said plot by its resolution Nos. 1421 and 1599 passed at its meetings held on the 15th January, 1960 and the 18th August, 1960 respectively for the purpose of development and expansion of the college on the conditions set forth therein and whereas the above-mentioned lease, its terms and conditions (as set forth in the board’s resolution no 1421 dated 15.01.60) were sanctioned by Government in Local self Government and Panchayat Department memo No. 7230/LSG.II-6/60 dated the 9th July, 1960 and whereas the Governing body of the Uluberia College by a resolution passed at its meeting held on 21.05.60 accept the same in toto and whereas the said governing body by another resolution passed at a meeting held on the 9th December, 1960 accepted the annual rental of Rs.55/- (Rupees fifty-five only) for the said plot (described in scheduled 'A') as fixed by the District Board by Resolution No.1599 passed at its meeting held on the 18th August, 1960 with the sanction of Govt. (vide L.S.G. & Panchyats Deptt. Memo No.7230/ISG.II-6/60 dated the 9th July, 1960).
Now this Deed of Lease witnesseth that the 1st Party hereby grants the lease of the land described in Schedule 'A' and the 2nd Party accepts the same on the following conditions which have been mutually agreed to by the 1st Party and the 2nd Party with the approval of Local Go0vernment (vide L.S.G. & Panchayats Deptt. Memo No.7230/lSG. II-6/60 dated the 9th July, 1960).
1. That the Governing Body of the College v(i.e. the 2nd Party) shall maintain the buildings and structures to be erected on the D.B. land in proper repair and that it shall at all times ,without objection, make such repair to the said buildings or structures at its o\m cost, considered necessary by the District Board or its successor-in-office or interest in public interest.
2. That the Governing Body (2nd Party) shall not devote the said buildings or structures to any other purpose than that for which these are allowed to be erected, that is to say, for accommodation of the Uluberia College and functions relating thereto.
3. That if the said buildings and structure or any part/parts thereof are devoted to any other purpose than that for which these are allowed to be erected, then the said buildings and structures shall become absolutely and entirely the property of the District Board or its successor-in-office or interest and the Governing Body shall not be entitled to any sort of compensation in respect thereof.
4. That during the currency of the lease, the Governing Body, shall without objection, pay out of its own its own fund the stipulated rent and all taxes (including all taxes and rates and rents and rents that might be imposed hereafter both upon the lessor and the lessee) provided always that such payment by the Governing Body will not affect in anyway the Board's ownership of the land.
5. That the buildings, structures or any portion of the leasehold land, shall not be assigned, let out or be the subject of transfer of any form by the Governing Body or those shall not be encumberred by the Governing Body in any way.
6. That if during the currency of the lease the College ceases to exist by dint of disaffiliation from the University or by any other cause, it will be open to the Governing Body (2nd Party) or its valid successor-in-office or interest to remove the buildings and structures within six months from the date of closure of the college, failing which the said buildings and structures will vest in the District Board or its successor to utilize the said buildings and structures in any other public cause.
7. That no drain shall be allowed to be constructed leading into the Victoria Tank and the Governing Body (2nd Party) shall take necessary action so that the over-flow water of the College compound does not find access into the tank.
8. That the local public shall freely use the Victoria Tank as before along the existing paths and that the Governing Body (2nd Party) shall see that the local public are not put into any handicap in this respect.
9. That the Governing Body shall see that no let or hindrance is put in the way of use, occupation and enjoyment of the tank for ingress and egress of water shall be kept intact.
10. That as provided by the lease agreement in respect of the previous lease, there shall always be a D.B. representative on the governing Body of the college during the currency of this lease.
11. That the lessee rent viz.Rs.55/- (Rupees fifty five only) by the 15th September of that year and the lesser will be component to realize the arrear rent, if any, under the provisions of Bengal Act III of 1913 together with such admissible interest as may be due.
12. That on the expiry of the term of the lease, it will the open to the lessor (including the successor in office) either to take the land in the khas possession or to renew the lease on the application of the lessee on such terms and conditions and for such further period deemed proper by it. If the lease be not renewed the buildings and structures then existing on the lease hold land will vest in the lessor for use of the same in any way to its liking, it being understood that in the above contingency the lessee will not have any claim to compensation.
13. The existing trees on the land forming the subject matter of this lease will be removed by the District Board and that the Governing Body shall have no connection therewith.
14. That commencing from the 15th January, 1960 this lease will have a currency of 75 (Seventy-five) years. During which it will be binding on the 1st Party and his successor- in-interest or office.
Schedule ‘A’
In Mousa Uluberia (J.L. No.109), under thana and sub-registration office, Uluberia, District Howrah a plot of land measuring one Bigha seventeen cottahs and three chataks forming the Northern and Eastern banks of the Victoria Tank as shown in the attached plan which forms a part of this Deed in C.S. plot No.346 and 347 of Mousa Uluberia Under khatian No.1136 and 1139 respectively of Mousa Uluberia, Sub-Registration office and P.S. Uluberia, District – Howrah.
In witness hereof both the 1st Party and the 2nd Party put their signatures and seals to this deed on the …
|