Cantonment Land Administration Rules, 2021
[01 December 2021]
S.R.O.
24(E).-Whereas the draft rules namely, the Cantonment Land Administration
Rules, 2021, which the Central Government proposes to make, in exercise of the
powers conferred by section 346 of the Cantonments Act, 2006 (41 of 2006) and
in supersession of the Cantonment Land Administration Rules, 1937, were
published, as required by the said section 346 vide notification of the
Government of India in the Ministry of Defence S.R.O.12(E), dated 23rd June,
2021 in the Gazette of India, extraordinary, Part-II, section 4, inviting
objections and suggestions from all the persons likely to be affected thereby,
before the expiry of period thirty days from the date on which the copies of
the Gazette containing the said notification were made available to the public;
And
whereas, the copies of the said Gazette were made available to the public on
23rd June, 2021;
And
whereas the objections and suggestions received from the public in respect of
said draft rules have been duly considered by the Central Government;
Now,
therefore in exercise of the powers conferred by Section 346 of Cantonments
Act, 2006 (41 of 2006) and in supersession of Cantonment Land Administration
Rules, 1937, except as respect things done or omitted to be done before such
supersession, the Central Government hereby makes the following rules, namely:
-
CHAPTER
1 GENERAL
Rule - 1. Short title, extent and commencement.
(1)
These
rules may be called the Cantonment Land Administration Rules, 2021.
(2)
They
shall extend to all Cantonments in India.
(3)
They
shall come into force on the date of their publication in Official Gazette.
Rule - 2. Definitions.
(1)
In
these rules, unless the context otherwise requires,-
(a)
"Act"
means the Cantonments Act, 2006 (41 of 2006);
(b)
"Building
site" means a portion of land held or intended to be held for building
purposes, whether any building be erected thereon or not, and includes the open
ground or courtyard enclosed by, or adjacent to, any building erected
thereupon;
(c)
"Defence
Establishment" means any department, organization or agency, other than
Army, Air Force and Navy, under the administrative control of Ministry of
Defence;
(d)
"Schedule"
means a Schedule annexed to these rules.
(e)
"Survey
number" means a portion of land of which the area is separately entered in
the land records of the Cantonment, including its digitized version under an
indicative number.
(2)
Words
and expressions used in these rules which have not been defined hereinabove but
defined in the Act, shall have the same meaning as assigned to them in the Act.
CHAPTER
2 CLASSIFICATION AND TRANSFER OF LAND STANDARD TABLE OF RENTS; MANAGEMENT
Rule - 3. General Land Register.
(1)
The
Defence Estates Officer shall maintain, in the form prescribed in Schedule I, a
General Land Register and a General Land Register plan in such manner as may be
prescribed by the Central Government from time to time, of all lands in the
Cantonment-
(1)
(i)
inside
Civil Areas; and
(ii)
outside
Civil Areas:
Provided
that for lands located inside Civil Areas under the management of the Board,
the details of individual Survey numbers shall be maintained by the Board and
Defence Estates Officer shall not be required to maintain details of such
individual Survey numbers.
(2)
No
addition or alteration shall be made in the General Land Register and the
General Land Register Plan except with the previous sanction of the Central
Government or such other authority as the Central Government may appoint for
this purpose or in accordance with the provisions of rules 10 and 42 of these
rules;
(3)
The
General Land Register and the General Land Register Plan shall also be
maintained in such manner and updated at such intervals, in digitized form, as
may be laid down by the Central Government.
Rule - 4. Classification of land for the purposes of General Land Register.
(1)
Land
in the Cantonment which is vested in the Government shall be classified by the
Central Government, or such other authority as the Central Government may
empower in this behalf, into two classes, namely:-
(i)
Class
"A" land which is required or reserved for specific military
purposes; and
(ii)
Class
"B" land which is not so required, or reserved, but which is retained
in the Cantonment for the effective discharge of duties of the Central
Government in respect of military administration; and
(2)
Land
which is vested in the Board under section 122 of the Act shall be called Class
"C" land.
Rule - 5. Class "A" land.
Class
"A" land shall be divided by the Central Government, or such other
authority as the Central Government may empower in this behalf, into the
following sub-classes, namely:-
(i)
Class
"A-1" land which is actually used or occupied by the Military
Authorities, for the purposes of fortifications, barracks, stores, arsenals,
aerodromes, bungalows for military officers which are the property of
Government, parade grounds, military recreation grounds, rifle ranges, brick
fields, soldiers and hospital gardens, administrative accommodation, training,
field firing ranges, grenade ranges, storage depots and Military Engineer
Services installations as provided for in paragraphs 419, 421 and 425 of
regulations for the Army in India and other official requirements of the
Military Authorities.
(ii)
Class
"A-2" land which is not actually used or occupied by the Military
authorities, but to the use or occupation of which for any other purpose,
except temporarily, there exists specific military objections.
Explanation-
For the purposes of this rule-
(a)
Specific
military objections shall be deemed to exist to the use or occupation of land
the reservation of which is declared to be desirable by the Central Government
in the interests of the discipline, health or welfare of the military forces,
or the safety or defence of the cantonment and its inhabitants; and
(b)
Military
recreation grounds means recreation grounds the management and control of which
vest exclusively in members of the Military forces.
Rule - 6. Class "B" land.
Class
"B" land shall be divided by the Central Government, or such other
authority as the Central Government may empower in this behalf, into the
following sub-classes, namely:-
(i)
Class
"B-1" land which is actually occupied or used by the Defence
Department in the administration of Ecclesiastical affairs, including European
cemeteries, or by any other Ministry or Department of the Central Government;
(ii)
Class
"B-2" land which is actually occupied or used by or is under the
control of any Department of a State Government;
(iii)
Class
"B-3" land which is held by any private person under the provisions
of these rules, or which is held or may be presumed to be held under the
provisions of Cantonment Land Administration Rules, 1925 or 1937; Cantonment
Code of 1899 or 1912, or under any General Orders issued by the Governor
General in Council for the Presidencies of Bengal, Bombay or Madras or under
any other executive order previously in force, subject to the conditions under
which the Central Government reserve, or have reserved to themselves the
proprietary rights in the land:
Provided
that defence land which is converted to freehold under a policy of Ministry of
Defence will henceforth be classified as B-3(a).
(iv)
Class
"B-4" land which is not included in any other class under this rule.
Rule - 7. Management of Land.
(1)
The
management of Class "A-1" land, except for such areas or classes of
areas as may from time to time be declared by the Central Government to be
under the immediate management of the Military authorities or the Defence
Establishments themselves, shall continue to be entrusted to the Defence
Estates Officer.
(2)
The
management of Class "A-2" land shall vest in the Defence Estates
Officer.
(3)
The
management of Class "B-1" land shall vest in the Ministry or
Department in occupation of or having control over the land.
(4)
The
management of Class "B-2" land shall vest in the State Government in
occupation or having control over the land.
(5)
The
management of all Class "B-3" land, B-3(a) land and Class
"B-4" land shall be entrusted to the Defence Estates Officer;
Provided
that the management of all Class "B-3" land, B-3(a) land and Class
"B-4" land in the notified Civil Area shall be entrusted to the
Board.
(6)
The
management of Class "C" land shall vest in the Board under section
122 of the Act.
(7)
The
authorities to whom management of Defence Land has been entrusted as mentioned
at sub-rule (1),(2),(5) and (6) of rule 7 shall carry out inspection of all
such Defence Land as entrusted to their management and shall, as soon as
possible, may be, after the Ist April of each year and not later than Ist July,
shall submit a certificate of inspection alongwith a report providing the
details pertaining to encroachment on Defence Land under their management
alongwith the action taken to remove such encroachment, in such formats as may
be laid down by the Central Government.
Rule - 8. Reclassification of land from one class to another.
No
alteration in the classification of land which is vested in the Government or
in the Board shall be made except by the Central Government, or such other
authority as the Central Government may empower in this behalf, and the
conditions on which land may be reclassified from one class to another shall be
governed by the orders of the Central Government or by the provisions of any
law or rule for the time being in force which may be applicable:
Provided
that prior to reclassification of land from one class to another or within the
same class, the Central Government or the authority to whom such power has been
delegated, shall obtain the views from the Military authorities or the Defence
Establishment to whom management of such land has been entrusted;
Provided
further that land in Class "B-4" may be reclassified to Class
"B-3" by the Central Government or the authority to whom such power
has been delegated, and subject to the conditions laid down under the rules.
Rule - 9. Standard table of rents.
(1)
The
Defence Estates Officer, in consultation with the District Collector or the
Competent State Revenue Authority, shall from time to time compile, in the form
prescribed in Schedule II, Standard table of rents, suitable for applications
to sites in the Cantonment, having regard to the situation of site, the nature
of soil, use of the site and the rates charged for adjacent agricultural land
or for building sites in the neighborhood.
(2)
The
principles for compilation for Standard table of rents shall be same as those
applicable for areas under the adjoining Municipalities or State Government.
Provided
that such Standard table of rents shall be revised at such periodicity as
determined by the Central Government or such other authority as the Central
Government may empower in this behalf, from time to time;
Provided
further that for determination of Standard table of rents for lands in a
Cantonment, the Defence Estates Officer shall constitute a Committee which
shall consist of himself as Chairman, a Sub-Divisional Officer of his office, a
representative of the District Revenue Authority, a representative of the Local
Military Authority and a representative of the Cantonment Board;
Provided
also that the Committee shall follow the same principles for compilation of
Standard table of rents as those applicable for areas under the adjoining
Municipalities or State Government, and calculate the Standard table of rents
for different zones of the Cantonment area and authenticate the standard table
of rents after due deliberations.
CHAPTER
3 MANAGEMENT BY DEFENCE ESTATES OFFICER
Rule - 10. Maintenance of General Land Register.
(1)
The
Defence Estates Officer shall maintain the General Land Register and the General
Land Register Plan, which includes its digitized version, prepared under rule 3
in respect of all land, other than land in Civil areas, the management of which
has been entrusted to, or vests in, the Board, and shall register all mutations
in column (1) thereof, and shall enter therein-
(i)
every
transfer of right of interest in land in the Cantonment registered under
sections 54, 59, 107 and section 123 of the Transfer of Property Act, 1882 (4
of 1882), of which information has been sent to him under sub-section (2) of
section 354 of the Act, or by the Board, when such transfer necessitates an
alteration of entries, in any of the columns of the register;
Provided
that he will take prior approval of the authority competent to accepting any
such transfer of right in land before recording such transfers or alteration of
entries;
(ii)
every
grant of such right or interest made by the Central Government;
(iii)
every
report of the transfer of such right or interest made under section 81 of the
Act, sent to him by the Board under rule 42;
(iv)
every
acquisition of interest in land by a Board made under rule 4 of the Cantonment
Property Rules, 2017;
(v)
every
transfer of land to or resumption from a Board made under rule 6 or transfer by
a Board made under rule 8 of the Cantonment Property Rules, 2017;
(vi)
every
inter-departmental transfer of class "A" land and every transfer of
class "A" land, from one service of the Military to another under the
control of the same Head of Service or Defence Establishment sanctioned by the
Central Government;
(vii)
Every
alteration in classification of land sanctioned under rule 8;
(viii)
Every
transfer of occupation between departments of the Central Government and the
State Government;
(ix)
Every
conversion of existing right in land of an occupier to freehold as sanctioned
by the Competent Authority, bringing such land converted into freehold, under
the classification B-3(a);
(x)
Geographic
Information System-encoded digitisation of all General Land Register plans
shall be carried out which will be synchronised with the textual entries
pertaining to each Survey number through the Raksha Bhoomi Identity Document of
that Survey number.
(2)
No
amendments shall be made in the General Land Register by the Defence Estates
Officer in respect of any entry relating to transfer of any right, if it is in
violation of Central Governments instructions unless the condonation or
regularization of such breach has been sanctioned by the authority competent
for this purpose.
(3)
The
Defence Estates Officer shall carry out such amendments to the General Land
Register Plan as may become necessary pursuant to alterations of any entries in
any columns of the General Land Register:
Provided
that existing General Land Register and General Land Register Plan prepared and
maintained under the provisions of Cantonment Land Administration Rules, 1937,
shall be deemed to have been maintained under these rules.
Rule - 11. Credit of Receipts.
All
receipts from land entrusted to the management of the Defence Estates Officer
shall be credited to the Consolidated Fund of India as decided by the
Government of India from time to time.
Rule - 12. Defence Estates Officers Land Revenue Register.
The
Defence Estates Officer shall maintain a register, in the form prescribed in
Schedule III, of all lands in class "A-1", "A-2",
"B-3" and "B-4" which are entrusted to his management and
from which revenue is derivable. This register shall be known as Defence
Estates Officers Land Revenue Register, and shall be prepared annually with
effect from 1st April, so as to show annual demand in the shape of rent from
building sites, agricultural land and other land.
CHAPTER
4 SPECIAL RULES FOR CLASS "A" LAND
Rule - 13. Schedules of Class "A" Land.
(1)
The
Defence Estates Officer shall maintain plans and schedules of land in class
"A-1" and class "A-2" for each Cantonment in which land is
entrusted to his management.
(2)
No
alteration in the plans and schedules shall be made without the sanction of the
Central Government or such authority as the Central Government may empower in
this behalf.
(3)
As
soon as possible, may be, after the 1st April of each year and not later than
the 1st July, the Defence Estates Officer shall submit a certificate,
countersigned by the Officer Commanding the Station, to the Central Government
through the Director General Defence Estates as to the correctness of the Plans
and Schedules of class "A" land together with a report of any
unauthorized structures or encroachments thereon.
Rule - 14. Special Rules for Class "A" Land.
(1)
The
administrative control of class "A-1" land including the
responsibility of detection and prevention of encroachments thereon shall vest
in the Military Authorities or the Defence Establishment for the time being in
occupation of the land. The administrative control of class "A-2"
land shall vest in the Central Government.
(2)
The
Defence Estates Officer shall conduct his management of class "A-1"
land (which shall include the development of resources of the land, the disposal
of usufruct and the planting and maintenance of trees) in consultation with and
under the general supervision of the Officer Commanding the Station, at whose
discretion expenditure will be incurred within the allotment made to the
Station HQ and in accordance with the military regulations in force regarding
the planting of trees and the cultivation of land in military areas. Management
of class "A-2" and "B-4" land entrusted to the Defence
Estates Officer shall be done by him in accordance with instructions issued
from time to time and the expenditure for development of resources and disposal
of trees shall be done from within the budgetary allocations made to the
Defence Estates Officer.
(3)
Land
in class "A-1" shall not be used or occupied for any purpose other
than those stated in sub-rule (i) of rule 5 without the previous sanction of
the Central Government or such authority as they may appoint for this purpose;
Provided
that the temporary use of class "A-1" land which is under the
management of military authorities may be permitted by those authorities for
the storage of materials by contractors for the purpose of carrying out
Government work. Such permission shall be given in writing by the Officer of
the Military Engineer Services in charge of the work and shall remain in force
only for such period as he may consider reasonable but in no case beyond three
months from the date of the completion of work or works for which the materials
were stored;
Provided
further that if any occupation fee or license fee is recovered from any
temporary occupant, licensee or building contractor for storage of material,
etc., the same shall be credited to the Consolidated Fund of India;
Provided
also that activities relating to creation of public infrastructure and utilities
like laying of underground pipelines for infrastructure purposes, bulk and
retail gas pipelines, laying of underground pipes, underground and overhead
structures, Optical Fiber Cable and other cables, etc., shall continue to be
governed by the instructions issued by the Central Government from time to
time.
(4)
Class
"A-2" land shall ordinarily be kept vacant but its temporary use or
occupation may be licensed by the Defence Estates Officer by private treaty for
periods not exceeding five years, with the previous sanction of the Officer
Commanding-in-Chief the Command, or for any other period with the previous
sanction of the Central Government;
Provided
that where any such land is leased for agricultural purposes, the provisions of
rule 32 shall apply.
(5)
No
building of any kind either permanent or temporary, shall be erected on class
"A" land except with the previous sanction of, and subject to such
conditions as may be imposed by the Central Government or by such other
authority as the Central Government may appoint for this purpose;
Provided
that-
(a)
A
temporary construction may, with the previous sanction of the Officer
Commanding the Station be allowed on class "A-2" land licensed by the
Defence Estates Officer under sub-rule (4); and
(b)
A
temporary construction may, with the previous sanction of the authority
sanctioning the lease, be allowed on class "A-2" land leased by the
Defence Estates Officer under sub-rule (4).
CHAPTER
5 DISPOSAL OF LAND BY DEFENCE ESTATES OFFICER
Rule - 15. Sale of Land prohibited.
The
sale of land for any purpose without the specific orders of the Central
Government is prohibited.
Rule - 16.
Leases
in lieu of expired leases under Cantonment Codes of 1899 and 1912, Secunderabad
Cantonment Code, 1913, Cantonment Land Administration Rules of 1925 and 1937
and Secunderabad and Aurangabad Cantonment Land Administration Rules, 1930 :-
The
method of disposing of land and buildings constructed there on, under a lease
granted under the Cantonment Codes of 1899 and 1912, Secunderabad Cantonment Code,
1913, Cantonment Land Administration Rules of 1925 and 1937 and Secunderabad
and Aurangabad Cantonment Land Administration Rules, 1930, shall be by lease
and the manner and period for which and the person to whom such lease would be
granted, the size of holdings, rent and premium payable for the same and the
form, terms and conditions on which such a lease may be granted shall be such
as would be decided by the Central Government from time to time, including such
instructions as pertaining to submission of online applications for granting of
fresh lease as well as processing thereof.
Rule - 17. Subsisting Cantonment Code leases and Cantonment Land Administration Rules leases.
(1)
All
subsisting leases given under the Cantonment Codes of 1899 and 1912, Secunderabad
Cantonment Code 1913, Cantonment Land Administration Rules 1925 and 1937,
Secunderabad and Aurangabad Cantonment Land Administration Rules, 1930, shall
continue to be governed under the said rules and the conditions of the lease
deed.
(2)
These
subsisting Cantonment Codes of 1899 and 1912, Secunderabad Cantonment Code
1913, Cantonment Land Administration Rules 1925 and 1937, Secunderabad and
Aurangabad Cantonment Land Administration Rules, 1930 lease with renewable
terms shall be considered for renewal or otherwise in accordance with the
instructions issued by the Central Government from time to time, including such
instructions as pertaining to submission of online applications for renewal of
lease as well as processing thereof and the renewal lease deed shall be
executed in Schedule IV.
Rule - 18. Lease for Public Utilities, Public Infrastructure Projects and other public purposes.
The
Defence Estates Officer may grant lease, with the sanction of the authority
competent for this purpose, for a site in such form and at such rates of lease
rent and on payment of such premium and on such terms and conditions, as the
Central Government may decide from time to time in this regard for any of the
following purposes:
(i)
Lease
of defence land for a public utility or public infrastructure project
(ii)
Laying
of underground pipes and cables on license and on temporary occupation of
defence land basis
(iii)
Lease
of defence land for setting up of static mobile towers
(iv)
License
for setting up of Cell Towers on Wheels
(v)
Special
leases for Kendriya Vidyalayas
(vi)
Lease
for Public Sector Oil Companies for retail outlets or service stations
(vii)
Any
other project relating to public purposes.
Provided
that the Central Government or such authority as is appointed by it for this
purpose may empower the Defence Estates Officer to grant leases or license for
any purpose other than those provided hereinabove, under specific instructions
laid down for this purpose, clearly laying down the terms and conditions, rent,
premium, etc. in each case.
Rule - 19. Leases for Building Sites.
(1)
Leases
for building sites, other than those covered under rule 16 and rule 18 above,
shall ordinarily be disposed of by lease for a maximum period ninety years, of
which the initial period will be of thirty years. The lessee will have an
option to apply for renewal of lease for a further period of thirty years at a
time after expiry of the initial period of thirty years.
(2)
The
lease shall be subject to an annual rent which shall be fixed in the manner
laid down in rule 21 and which shall be liable for revision as decided by the
Central Government and an initial premium shall be charged on the lease and the
lease shall be put up for auction online through the Governments e-procurement
portal for lease to the person who agrees to pay the highest amount as premium.
(3)
When
a lease comes up for renewal at the end of the first or subsequent term of
years, an indenture for such renewal shall be executed in the form prescribed
in Schedule IV.
Rule - 20. Procedure prior to auction of the lease.
The
Defence Estates Officer or the Cantonment Board, as the case may be, before
putting the lease to the public auction, seek views of the Officer Commanding
the Station regarding the requirement of the land which is to be put to
auction, from military point of view. The Officer Commanding the Station shall
be required to provide detailed reasons in writing in support of his views.
Rule - 21. Procedure after receipt of acceptance of the Officer Commanding the Station and fixing of rent and reserve price of premium.
(1)
Upon
receipt of acceptance of the Officer Commanding the Station the Defence Estates
Officer shall proceed to have the site of lease surveyed and demarcated and
shall fix the annual rent on the basis of prevalent Standard table of rents
where after the Defence Estates Officer shall forward a proposal to the Central
Government for auction of the lease for building site and fixing of such reserve
price for the premium on the lease as the Central Government may prescribe from
time to time.
(2)
The
reserve price shall be calculated so as to include the cost, if any, of
surveying and demarcating the site and a proportion of any expenditure that may
have been incurred in preparing and laying out the land, including the site
under application, for building purposes. The cost of such survey and
demarcation shall be deposited by the applicant and shall be deducted from the
price eventually realized as premium and repaid to the depositor.
(3)
In
no case shall the reserve price of the premium on the lease so fixed by the
Central Government be disclosed to the public or the annual rent shall be
charged at a lower rate than that fixed as per the Standard table of rents.
(4)
The
Central Government shall reserve the right to accept or reject the proposal for
auction of lease of the building site.
Rule - 22. Notice of Auction.
Upon
receipt of the approval of Central Government to the proposal of auction of the
lease for building site, the Defence Estates Officer shall then publish a
notice in the form as prescribed in Schedule V.
Rule - 23. Application for Lease of Building Sites.
(1)
Application
for auction of lease of building sites on land under the management of the
Defence Estates Officer or the Cantonment Board through e-procurement portal
shall be as per the format specified in Schedule VI.
(2)
Every
application shall be accompanied by such application fee as the Central
Government, or such authority as the Central Government may appoint for this
purpose, specify on the basis of taking into account the cost of survey and
demarcation of the site, preparation of digital plans, preparation and laying
out of the land.
Rule - 24. E-Auction.
Upon
the conclusion of e-Auction the Defence Estates Officer shall inform the person
who offers to pay the highest amount as premium about, his bid being successful
and require such successful bidder to deposit ten percent of the amount of his
bid as security deposit within ten days from the receipt of such communication
and to sign and an undertaking consenting to the forfeiture of the said
security deposit in case the balance of the bid amount of premium is not paid
by the successful bidder within thirty days of the date of confirmation of the
auction by the Central Government:
Provided
that in case the reserve price of premium fixed under rule 21 is not reached
such intimation and offer shall not be made by the Defence Estate Officer to
the highest bidder and that the lease shall not be given;
Provided
further that all communications shall be made by the Defence Estates Officer
with the successful bidder by electronic mode of communication.
Rule - 25. Confirmation of Auction.
(1)
The
Defence Estates Officer shall report the result of the auction and the receipt
of security deposit and undertaking given by the successful bidder for
confirmation of the auction and approval by the approving authority.
(2)
The
approving authority will be the Central Government or the General Officer
Commanding-in-Chief of the concerned Command or the Principal Director, Defence
Estates of the concerned command as prescribed by the Central Government,
providing the financial limits upto which such delegated powers of approval of
auction can be exercised by the delegated authorities.
(3)
Upon
approval of the Central Government or the General Officer Commanding-in-Chief
or the Principal Director, Defence Estates of the concerned command, as the
case may be, the Defence Estates Officer shall accept the bid of the auction of
the lease for building site, whereafter such auction shall be deemed to be duly
confirmed;
Provided
that the Central Government or any authority authorised by it shall reserve the
right to accept or reject the result of the auction of lease for building site;
Provided
further that any such rejection shall be accompanied with reasons to be
recorded in writing.
Rule - 26. Disposal of lease by private agreement.
(1)
Notwithstanding
anything contained in rules 19 to 25, the Central Government may, in certain
cases for exceptional reasons to be recorded in writing, dispense with the
auction of the lease, as provided by rule 19, and may lease any site by private
agreement at such rate of rent, and on payment of such premium, as the Central
Government may decide in each case.
(2)
A
lease may also be granted under sub-rule (1) in respect of any site in whole or
in part, already occupied by virtue of a grant given on different terms, if the
grantee duly surrenders the grant.
Rule - 27. Execution of Leases.
(1)
Where
it has been decided to grant a lease by private agreement under rule 26, or
when the auction proceedings to grant a lease have been confirmed under rule
25, the lessee shall be required to deposit the balance amount of lease premium
within thirty days from the date of intimation of the grant of lease and upon
the deposit of the balance amount of lease premium, execute a lease for the
site in form prescribed in Schedule VII, or in such modified form as the
Central Government may prescribe in any particular case.
(2)
The
lease shall be executed on behalf of the Central Government by the Defence
Estates Officer and a duplicate copy of the lease shall be retained in the
office of the Principal Director.
(3)
Relevant
entries shall also be carried out by the Defence Estates Officer in the General
Land Register and the Digital Records. The original and duplicate lease shall
be preserved in hard copy as well as digital format.
Rule - 28. Grant Register of Building Sites.
(1)
The
application for lease of building site and confirmation of the public auction
shall be filed in a loose leaf register maintained by the Defence Estates
Officer for the purpose.
(2)
The
whole volume shall be bound when it has reached a suitable size and a fresh
register shall be opened.
(3)
The
register shall be known as the Defence Estates Officers Grants Register
(Building Sites).
Rule - 29. Record of Grant.
On
the conclusion of the proceedings, the Defence Estates Officer shall make the
entries in the Defence Estates Officers Land Revenue Register and in the
General Land Register.
Rule - 30. Leases for Special Periods and on Special Terms.
(1)
A
lease for a building site for a period not exceeding 30 years or a lease in
perpetuity, may be granted by the Defence Estates Officer in the forms
specified in Schedules VIII and IX, where for special reasons such a course
appears to be advantageous to the Central Government:
Provided
that no such lease shall be granted without previous sanction of the Central
Government.
Provided
further that in every other respect the procedure prescribed in rules 19 to 29
shall apply.
(2)
A
lease of a building site in perpetuity may, if the site is needed for a
definite public or religious purpose and the use of the more favourable form of
lease prescribed in Schedule X is justifiable, be granted by the Defence
Estates Officer in the form specified in Schedule X and in the manner provided
in rule 26;
Provided
that no such lease shall be granted without previous sanction of the Central
Government.
Rule - 31. Agricultural Land Leases.
(1)
The
method of disposing of agricultural land entrusted to the management of the
Defence Estates Officer shall be by lease.
(2)
The
period for which and person to whom, an agricultural lease would be granted,
the maximum size of holdings, rent payable and the terms and conditions of the
lease shall be such as would be decided by the Central Government from time to
time.
Rule - 32. Records of Agricultural Leases.
(1)
The
Defence Estates Officer shall maintain a separate register in the form
specified in Schedule XI which shall form a continuous record of the disposal
of agricultural leases.
(2)
The
Register shall be known as the Defence Estates Officers Grants Register
(Agricultural Land).
(3)
For
the purpose of this register, the agricultural land shall be divided into
blocks of convenient size containing not more than five or six holdings; one
page in the register shall be given to each block of land and a plan of the
block, traced from the survey map, shall be entered on the opposite side of the
page.
Rule - 33. Execution of Agricultural Leases.
(1)
Lessees
of agricultural land shall execute leases therefor in the form prescribed in
Schedule XII.
(2)
The
lease shall be executed on behalf of the Central Government by the Defence
Estates Officer, and a duplicate of the lease shall be sent to the office of
the Principal Director.
(3)
The
original and duplicate lease shall be preserved in hard copy as well as digital
format.
Rule - 34. Record of Grant of Agricultural Land.
On
the conclusion of the proceedings, the Defence Estates Officer shall make the
necessary entries in the Defence Estates Officers Grants Register (Agricultural
Lands), the Defence Estates Officers Land Revenue Register and the General Land
Register;
Provided
that it shall not be necessary to enter any lease of agricultural land for a
period not exceeding four years in column (1) of the General Land Register.
Rule - 35. Leases for Miscellaneous purposes.
(1)
The
Defence Estates Officer may, with the concurrence of the Officer Commanding the
Station, grant a lease of land in class "B" (4), for any purpose not
otherwise covered by these rules:
Provided
that the previous sanction of the Central Government, or of such other
authority as the Central Government may appoint for this purpose, shall be
obtained in each case to the terms on which the land is offered and to the form
of the lease.
(2)
An
application for grant of a site under this rule shall be submitted to the
Defence Estates Officer in the printed form specified in Schedule XIII.
(3)
Every
application shall specify the situation of the land required and the exact
purpose for which it is requires and shall be accompanied by a site plan of the
said land prepared at the cost of the applicant.
(4)
If
the application is sanctioned, it shall, when all the entries therein have been
completed, be filed in a loose leaf register maintained by the Defence Estates
Officer for the purpose, to be known as the Defence Estates Officers Grants
Register (Miscellaneous Sites). The duplicate lease shall be preserved in an
envelope in the form specified in Schedule XIV in the office of the Principal
Director Defence Estates of the command.
(5)
The
original and duplicate lease shall be preserved in hard copy as well as digital
format.
(6)
If
the application is rejected, an entry shall there upon be made on the
application form and the form shall be filed in the manner prescribed in
sub-rule (4).
Rule - 36. Disposal of the site on lease for miscellaneous purpose.
An
application for the grant of a site under rule 35 shall be disposed of in
accordance with the procedure prescribed in rule 21 to 25, but may, for special
reasons to be recorded in writing by the sanctioning authority, be disposed of
in accordance with the procedure provided in rule 26.
Rule - 37. Temporary Occupation of Land under Licence.
(1)
Notwithstanding
the provisions of any of the foregoing rules, but subject to the provision of
rule 14, the Defence Estates Officer may grant a licence in the form prescribed
in Schedule XV for a period not exceeding one year, for the temporary use or
occupation of any class "A-2" or "B-4" land entrusted to
his management.
Provided
that any such license for a period exceeding 30 days shall be granted only
after the prior approval of Central Government.
Provided
further that license for a short period not exceeding 30 days may be granted by
the Defence Estates Officer for the temporary use of any class A-2 or B-4 land
entrusted to his management, in Governments interest or for religious or public
purpose in accordance with the guidelines prescribed by the Central Government
in this regard.
Provided
further that any such license shall be granted by the Defence Estates Officer
only upon receipt of a no objection certificate from the Office Commanding the
Station, from security point of view.
(2)
The
amount of fee to be charged for such a licence shall be determined by the
Defence Estates Officer.
(3)
The
Defence Estates Officer shall maintain a register in the form specified in Schedule
XVI, which shall be called the Defence Estates Officers Grants Register
(Temporary Licences), in which the grant of such licences shall be entered, but
it shall not be necessary to enter the grant of such licences in any other
register.
Rule - 38. Transfer of right to grant licences of temporary occupation of land.
Notwithstanding
anything contained in rule 37 the Defence Estates Officer may, with the
previous sanction of, and subject to such terms as may in each case be approved
by, the Officer Commanding-in-Chief, the Command, enter into an agreement with
the Board for the transfer to the Board of the right to dispose of grazing or
of the right to grant licences for specific purposes and in specified areas of
the Cantonment which are under the management of the Defence Estates Officer.
Rule - 39. Special conditions in Leases.
The
Central Government may in any case sanction alterations in the prescribed form
of lease.
CHAPTER
6 MANAGEMENT BY CANTONMENT BOARD
Rule - 40. General Conditions applicable to management.
The
management of land entrusted to the Board under rule 7 shall be subject to the
following conditions, namely:-
(i)
that
such management confers on the Board no proprietary rights in and no power to
sell, exchange or give away the land; and that the Central Government may, at
any time, impose such restrictions as they consider necessary in public
interest on the use or occupation of any particular area of land so entrusted
to the management of the Board;
(ii)
that
the Board shall have no power to occupy or use the land for the purposes of the
Act or for its own purposes without the sanction of the Central Government; but
that the land required for the aforesaid purposes shall be transferred to class
"C" and vested in the Board by the Central Government in accordance
with provisions of rule 4;
Provided
that the Director General on receipt of a proposal passed by the Board through
a resolution may sanction change of purpose for use of class "C" land
if such change of purpose is necessary towards fulfillment of one of its duties
prescribed under sections 62 and 64 of the Act.
(iii)
that
suit, affecting the proprietary rights in the land shall be brought by or
against the Central Government and not by or against the Board, but the cost of
such litigation shall be borne by the Board;
(iv)
that
all receipts from the land shall be credited in full to the Cantonment Fund;
(v)
that
the Central Government, at any time, shall be entitled to resume direct
management of the land or of any part thereof without paying any compensation
therefor to the Board, or to vary the terms on which the management has been
entrusted to the Board;
Provided
that the Board shall be given an opportunity of expressing its opinion on any
such action before it is taken and any objection it may have to offer shall be
taken into consideration; and
(vi)
that
the Defence Estates Officer may, at any time require the Board to produce any
record, correspondence, plan, register or document, relating to the land, in
its possession or under its control;
Provided
that the Central Government may, at the time of entrusting the management of
any land to the Board:
(a)
in
modification of condition (iii) direct that the cost of the litigation referred
to in that condition shall be borne by the Central Government, instead of by
the Board, either wholly or in respect of such suits as the Central Government
may think fit;
(b)
in
modification of condition (iv) direct that all receipts from the land or
receipts of a specified description, shall be credited to the Central
Government instead of to the Cantonment Fund; and
(c)
impose
such other conditions as it thinks fit on the management of the land.
Rule - 41. General Land Register, Cantonment Board.
The
Defence Estates Officer shall supply to the Board extracts from the General
Land Register prepared under rule 3, including its digitized version, in
respect of all land in civil areas the management of which has been entrusted
to, or vests in, the Board.
Rule - 42. Maintenance of General Land Register.
(1)
The
duties and functions assigned to the Defence Estates Officer of maintaining the
General Land Register under rule 10, shall be performed by the Board in respect
of land in civil areas the management of which has been entrusted to, or vests
in, the Board.
(2)
The
Board shall report to the Defence Estates Officer-
(i)
The
grant of any right or interest made by the Board in land other than land in
civil areas, which is under the management of the Board;
(ii)
Every
report of the transfer of any right or interest in land other than land in
Civil Areas made to the Chief Executive Officer under section 81 of the Act.
(3)
The
Chief Executive Officer shall forward to the Defence Estates Officer a monthly
statement showing in addition to the information required by sub-rule (2),
every transfer of right or interest in immovable property outside civil areas
registered under section 54, and sections 59, 107 and 123 of the Transfer of
Property Act, 1882 (4 of 1882), and of which information has been received
under sub-section (2) of section 354 of the Act, and a report of every transfer
of right or interest in immovable property outside civil areas which has come
to his knowledge but of which no report has been made to him. The said
statements shall be accompanied by leases, plans or other relevant documents.
Rule - 43. Register to be maintained by the Cantonment Board.
(1)
The
Board shall maintain registers similar to the registers prescribed under rules
12, 28, 32, 35(2), 37 and 43(2) of these rules which shall be known as
Cantonment Boards Land Revenue Register, Grants Register (Building Sites),
Grants Register (Miscellaneous Sites), Grants Register (Temporary Licences) and
Register of Fees for Motor Vehicles Parking Licences respectively, and the
forms prescribed in the Schedules shall be modified so far as may be necessary
for the requirements of the Board.
(2)
The
Board shall maintain a register in the form prescribed in Schedule XVII of all
land which is vested in the Board. The register shall be known as Cantonment
Boards Register of Central Government Dues and shall be prepared annually so as
to know all payments due, and made, to the Central Government.
Rule - 44. Disposal of Land by the Cantonment Board.
The
disposal of land which has been vested to the management of the Board under
rule 7 shall be governed, so far as may be, by the same rules as apply to the
disposal of land entrusted to the management of the Defence Estates Officer,
subject to the following modifications, namely:-
(a)
The
Board shall take the place of, and perform the functions assigned to, the
General Officer Commanding-in-Chief, the Command or Principal Director as the
case may be, in rules 25 and 27 except that any proposal required to be sent to
the Central Government will have to be sent through the General officer
Commanding-in-Chief, the Command or Principal Director as the case may be;
(b)
the
Board shall take the place of, and perform the functions assigned to, the
Defence Estates Officer in rules 26, 27, 28, 30, 31, 32, 33 and sub-rules (1)
and (4) of rule 35 and in rule 37.
(c)
The
Chief Executive Officer shall take the place of and perform the functions
assigned to the Defence Estates Officer in rule 20, 21, 22, 23, 24, 25, 29 and
34 and sub-rule 2 of rule 35.
CHAPTER
7 ENTRY AND INSPECTION BY DEFENCE ESTATES OFFICER
Rule - 45. Entry on and Inspection of Land under the management of Defence Estates Officer.
(1)
The
Defence Estates Officer or any officer authorized by him by general or special
order in writing may, with or without assistants or workmen, enter into or upon
any building or land under the management of Defence Estates Officer for the
purpose of making any enquiry, inspection, measurement, valuation or survey
which such officer or person may consider necessary or of examining or
inspecting any works which have been, are being, or are about to be, executed
in or on such building or land.
(2)
In
the performance of the above duties, such officer shall observe the same
procedure for the purposes of entry and inspection as is specified in Chapter
XV of the Act.
Rule - 46. Entry on and Inspection of Land under the management of a Cantonment Board.
(1)
The
Defence Estates Officer or any person authorized by him by general or special
order in writing may, with or without assistants or workmen, enter into or upon
any building or land entrusted to the management of a Board for the purpose of
making any enquiry, inspection, measurement, valuation or survey which such
officer or person may consider necessary or of examining or inspecting any
works which have been, are being, or are about to be, executed in or on such
building or land.
(2)
In
the performance of the above duties such officer shall observe the same
procedure for the purposes of entry and inspection as is prescribed in Chapter
XV of the Act.
CHAPTER
8 SUBMISSION OF DOCUMENTS
Rule - 47. Submission of Documents by the Lessee/Ex-Lessee.
(1)
Such
documents as are specified to be in custody of the Defence Estates or the
Cantonment Board as the case may be, will not be required to be submitted by
the applicant alongwith any application required to be processed under these
rules.
(2)
Self-certified
copy of any document required to be submitted with any application to be
processed under these rules, shall be accepted unless statutorily required to
be submitted in any other mode under any Act or rule in force.
SCHEDULE I
[ See rule 3 (1) ]
GENERAL LAND REGISTER
Volume................Page................
Survey
number................Reference G.L.R.
Volume................
Page................
Raksha
Bhoomi ID No................Whether synchronized with digitized Raksha Bhoomi
ID : Yes / No
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Mutations
|
|
|
|
|
Details of
land & date of mutation and initials of
Defence Estates officer
|
Subsidiary
Survey number
|
Volume and
page of register
|
Area
Acres/Sq Metre
|
Description
|
Class
|
|
|
|
|
|
|
|
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
By whom
managed
|
Land Lord
|
Holder of
occupancy rights
|
Nature of
holders, rights
|
Rent
payable per annum
|
Date of
expiry of lease
|
Remarks
|
|
to Central
Government
|
to
Cantonment Board
|
|
|
|
|
|
|
|
|
|
Continued in Volume No. ................on page no......................
SCHEDULE II
(See rule 9)
STANDARD TABLE OF RENTS
Cantonment..........................
Date......................
|
Survey
number
|
Description
|
Annual
Rental Value (In Rupees)
|
Remarks
|
|
Category
of Land
|
Rent per
square metre
|
|
|
|
|
|
|
Note: The principles for compilation for Standard table of rents shall be same
as those applicable for areas under the adjoining Municipalities/State
Government.
SCHEDULE III
[See rule 12 ]
DEFENCE ESTATES OFFICERS /
CANTONMENT BOARD LAND REVENUE REGISTER 20.....20...
|
Survey
number
|
Class
|
Description
|
Name and
address of lessee or holder
|
Date of
occupation
|
Term for
which let
|
Current
Demand
|
Date of
instalment due
|
Arrears if
any
|
|
Instalments
|
Amount
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
Demand
|
Date of
payment
|
Collection
amounts
|
Receipt
Number
|
General
cash book entry No. and date
|
Total
collection for year
|
Remissions
|
Balance
due
|
Initials
of D.E.O.
|
Remarks
and authority for remission
|
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
SCHEDULE IV
[See rule 17 (2) & 19 (3)]
FORM FOR RENEWAL OF A LEASE
THIS
INDENTURE made the ......................Day of ...................... two
thousand ...................... BETWEEN THE PRESIDENT OF INDIA (hereinafter
called "the Lessor") of the one part and ......................
(hereinafter called "the Lessee/Lessees") of the other part
WHEREAS
the lessee/lessees was/were solely entitled to the benefit of the within
written lease No. ………….. dated ...................... registered at
...................... as No. ......................on ......................
and on the day of its expiry/after the expiry of the lease (strike off one of
the two, as applicable) requested the Lessor to renew the same in accordance
with clause III/ clause......................thereof, which the Lessor has
agreed to do on the terms hereinafter mentioned.
NOW
THIS INDENTURE WITNESSETH as follows:-
(1)
In
pursuance of the premises the Lessor hereby demises unto the Lessee/Lessees ALL
AND SINGULAR the hereditaments and premises comprised in and demised by the
within written lease including the buildings, etc., now standing HOLD unto the
Lessee/Lessees from the day of ...................... 20 ......................
for the term of thirty years subject to the payment on the same days and in the
like manner of an yearly rent of Rs...................... (the first payment of
rent under this demise to be made on the ...................... day of
......................) and subject to and with the benefit of such and the
like Lessees and the Lessors covenants respectively and such and the like provisos
and conditions in all respects (including the proviso for re-entry) as are
contained in the within written lease.
(2)
It
is hereby mutually covenanted and agreed by and between the Lessor and
Lessee/Lessees so that the obligations hereunder shall continue throughout the
term hereby created and shall be binding on their respective successor in
interest in the demised premises that they will perform and observe the several
covenants provisos and stipulations in the within written lease expressed as fully
as if the same covenants provisos and stipulations had been therein repeated in
full with such modifications only as are necessary to make them applicable to
this demise and as if the names of the parties hereto had been substituted for
those in the within written lease.
PROVIDED
ALWAYS that the ...................... referred to in clause I(5)/clause
...................... of the within written lease having erected the
Lessee/Lessees shall not be under any obligation to erect another.
IN
WITNESS where of the parties hereto have set their hands, the day and year
first above written. Signed with office seal by ......................dated
......................
on
behalf of the President of India in the presence of ......................
Witness
......................dated ......................
Signed
by above named (lessee/lessees) ......................dated
......................
in
the presence of ......................
Witness
............................................dated ......................
(In
case of land under the management of Cantonment Board within civil area, the
agreement will be signed by the PCB and one Elected Member and countersigned by
the CEO as is required under Section 114 of the Cantonments Act, 2006)
SCHEDULE V
(See rule 22)
LEASE FOR BUILDING SITES NOTICE
Auction
Notice / E Auction Notice is hereby given for the grant of a lease of the site
hereunder specified...................... will be offered for sale by e-auction
at the rent and for period and subject to the conditions hereunder stated
(subject to the confirmation of the sale by......................) on
...................... (date) at...................... Oclock (Time)
The
form of lease to be executed by the purchaser and plans of the site may be seen
at ......................(link......................).
Defence
Estates Officer,
Chief
Executive Officer Particulars
(1)
Ward,
Survey number or boundaries......................
(2)
GIS
Coordinates ......................
(3)
Area......................
(4)
Rent......................
(5)
Period
of lease (here state also whether the lease is renewable or not)
......................
The
site may also be inspected at ...................... (date) between
......................to ...................... (hours) at which time an
authorised representative of the Defence Estates Officer/Cantonment Board will
be available at site.
Conditions
of Tenure
(1)
The
rent shall be paid punctually by the lessee on the dates specified in the lease
(and shall be liable to revision at intervals of 30 years). [The portion in
brackets to be omitted if the lease is for less than 30 years and is not
renewable].
(2)
The
lessee shall erect on the site a building or buildings of the description and
dimensions ......................as may be approved by the Cantonment Board under
the provision of the Cantonment Act, 2006 within a period......................
months from the date of the execution of the lease and shall maintain the said
building or buildings in good repair, and shall not without the consent in
writing of the Defence Estates Officer/Cantonment Board alter or add to the
said building in any way.
(3)
Upon
every assignment, transfer or sub-lease of the site or the building to be
erected thereon, or any part thereof, notice thereof shall be given to the
Defence Estate Officer within one month from the date of such assignment,
transfer or sub-lease.
(4)
The
Central Government reserves to itself all mineral substances of any
description, sand or clay on, in or under the site, and also all timber,
fruit-trees now or at any time hereafter growing on the site but not the fruit
or leaves or fallen branches of trees or the branches of trees cut down with
the consent in writing of the Defence Estates Officer/Cantonment Board.
(5)
In
the event of there being, in the opinion of the Defence Estates
Officer/Cantonment Board any breach of any of the conditions on the part of the
lessee to be observed and performed, Defence Estates Officer/Cantonment Board,
with the prior approval of the Central Government shall be at liberty to enter
into possession of the site and the building or buildings, if any, erected
thereon and to determine the lease, and the lessee shall not be entitled to any
compensation whatever.
Conditions
of Sale
(1)
The
highest bidder offering the highest amount as premium shall, subject to the
approval of the sale of the lease by the Central Government or such authority
to whom powers are delegated by the Central Government, be the purchaser; and
if any dispute shall arise between two or more bidders, the site shall be put
up again at the last undisputed bidding. No person shall advance at each
biddings less than the sum to be fixed beforehand and no bidding shall be
retracted. The vendor reserves the right to bid.
(2)
The
purchaser shall, immediately after the sale, pay a deposit of ten percent of
his bid on account of his purchase money as earnest money and sign the form of
agreement set out below to complete his purchase according to these conditions.
Memorandum
At
the sale by e-auction/auction, made this day ...................... (date) of
the lease of the site comprised in the above particulars ......................
(Name) was the highest bidder for, and was declared the purchaser of the lease
of the site at the premium of Rs...................... (Rupees in words)
subject to confirmation of the sale by the Central Government and the
said...................... (Name) has paid to ......................as agent
for and on behalf of the Central Government (the vendor), the sum of Rs
...................... by way of security deposit, and in part payment of the
purchase-money; and hereby agrees to complete the purchase according to the
above conditions and execute a lease in the form ...................... annexed
thereto (under which rent shall be made payable from the date of the
confirmation of the sale) and the said ......................as the vendors
agent, hereby acknowledges the receipt of the said deposit of Rs
......................
Signed
on this ......................day of ......................20
......................
Signature......................
(Name
of the Purchaser)
Countersigned
............................................
Defence
Estates Officer/Chief Executive Officer
(3)
The
remainder of the purchase ......................money shall be paid, and the
purchase shall be complete at the office of Defence Estates Officer/Cantonment
Board within 30 days of the confirmation of the sale by the Central Government
or such authority to whom powers are delegated by the Central Government. If
the sale is not confirmed the deposit shall be refunded to the purchaser
without any interest.
(4)
The
description of the site in the particulars is believed and shall be deemed to
be correct, and if any error shall be found therein the same shall not annul
the sale, nor shall compensation be allowed in respect thereof.
(5)
If
the purchaser fails to comply with these conditions, his deposit money shall be
forfeited to the vendor, who shall be at liberty to proceed to another sale,
either by public e-auction or private contract with or without notice to the
defaulting purchaser at the first sale, and the deficiency, if any, occasioned
by such second sale, together with all charges attending the same shall,
immediately after such sale, be made good by the whole by the defaulting
purchaser at the first sale and shall be recoverable by the vendor, as and for
liquidated damages. If any profit is made on such resale, the vendor shall be
entitled to retain the same.
(6)
The
site shall not be used for any purpose other than for the erection of a
building for......................
(The
details of the terms and conditions and the procedure for e-auction/auction
shall be prescribed in the notice at the time of e-auction/auction in each
case, in line with the terms and conditions of the Governments eauction
portal.)
(In
case of exigencies where e-auction is not possible due to any unforeseen
circumstances, auction will be carried, with the prior approval of the
Authority in terms of sub-rule (2) of rule 25, without e-auction).
SCHEDULE VI
[See rule 23(1)]
DEFENCE ESTATES OFFICERS/ CANTONMENT
BOARDS GRANT REGISTER
(BUILDING SITES)
Form
of application for a fresh lease of land to be filled in by the applicant
To
The
Defence Estates Officer/
The
Chief Executive Officer, ......................Cantonment
Dated......................
Sir,
I
hereby apply for the grant of a fresh lease of......................acres/sq
mtrs of land situated in...................... for the purpose of
......................
A
site plan of the area applied for is attached. The Shape file /coordinates to
identify the area applied for is also attached.
I
hold the following lands in the said Cantonment:-
........................................................................................
I
am prepared to abide by such conditions regarding the disposal of the land as
the Defence Estates Offices may lay down, and to deposit the cost if any, of
surveying and demarcating the land, on the understanding that if land is
eventually granted to any other person the amount of my deposit will be
refunded to me.
I
request that the land may be granted to me by private agreement without auction
for the following reasons:-
........................................................................................
I
request that the land may be granted to me on lease as per Government of India,
Ministry of Defence Policy issued under letter no ......................dated
......................
I
hereby undertake that grant of lease to me shall not prohibit the Cantonment
Board, or any other authority, whatsoever, from taking action for dealing with
the unauthorized construction at the said site as per the provisions of the
Cantonments Act, 2006, the Building Bye-laws of the Board or any other law or
rules applicable with regard to such unauthorized construction at the said site
which I have applied for grant by way of lease.
Yours
Faithfully
............................................
............................................
Note
1:- The grant of this application does not carry with it sanction to erect a
building. That sanction must be sought from the Cantonment Board in accordance
with the provisions of the Cantonments Act, or of any applicable bye-laws
thereunder.
Note
2:- If the site is required by private treaty the reasons must be fully stated.
GRANT REGISTER-BUILDING SITES
(To be filled in by the prescribed
authority, not the applicant)
Survey
number and/or situation, Class of land, Total area of Survey number if any.
1.
Date
of application ......................
2.
Extent
applied for......................
a.
Existing
......................
b.
Additional
(if any) ......................
3.
Name
and address of applicant ......................
4.
Purpose
for which applied for ......................
5.
Views
of the Officer Commanding the Station under rule 20.
6.
Date
and cost of survey and demarcation and date of deposit of cost
......................
7.
Annual
rent fixed according to the standard table of rents ......................
8.
Reserve
price for premium on lease ......................
9.
Order
of the Central Government under rule 21(3) ......................
10.
Notice
of auction/e-auction ......................
11.
Date
of auction/e-auction ......................
12.
Successful
bidder......................
13.
Amount
of bid ......................
14.
Order
of the Central Government or the delegated authority under rule 25 or rule 44
in case of the Cantonment Board alongwith resolution of the Cantonment Board
......................
15.
Number
and date of lease ......................
16.
Date
of registration of lease ......................
Defence
Estates Officer
Chief
Executive Officer
Dated......................
Plan
of Site......................
Survey
number. ......................
Sub-division......................
Area
Surveyed and demarcated on ground......................
Defence
Estates Officer
Chief
Executive Officer
Dated......................
Certified
that the sub-division has been entered on the GLR Plan of the Cantonment and,
that the appropriate entry has been made in the General Land Register and
digital entry in Raksha Bhoomi.
Dated
......................
Defence
Estates Officer
SCHEDULE VII
[See rule 27 (1)]
BUILDING LEASE FOR A TERM OF 30
YEARS RENEWABLE UPTO 90 YEARS
THIS
INDENTURE made the ...................... day of ......................
20......................BETWEEN the President of India (hereinafter called the
lessor) of the one part and ...................... (hereinafter called the
lessee/lessees) of the other part.
WHEREAS
by virtue of the rules made under section 346 of the Cantonments Act, 2006 the
Defence Estates Officer......................Circle/Cantonment Board of ......................
Cantonment (hereinafter called the Defence Estates Officer/ Cantonment Board)
has agreed on behalf of the lessor with the approval of......................
to demise the plot of land in ......................Cantonment, hereinafter described
to the lessee/lessees in manner hereinafter appearing.
NOW
THIS INDENTURE WITNESSETH in consideration of the premium of
Rs...................... paid on or before the execution of these presents (the
receipt whereof the lessor hereby acknowledges) and the rent hereinafter
reserved and of the covenants on the part of the lessee/lessees hereinafter
contained, the lessor doth hereby demise unto the lessee /lessees.
ALL
THAT plot of land containing by admeasurement......................situated
at......................in the cantonment of ......................which said
plot of land is more particularly described in the Schedule hereunder written
and with the boundaries thereof as delineated in the plan annexed to these
presents and thereon coloured ......................
TOGETHER
with all rights, easements and appurtenances whatever to the said plot of land
belonging or in any wise appertaining
EXCEPTING
AND RESERVING unto the lessor all mines, minerals, mineral substances of every
description, sand, and clay in or under the premises hereby demised with full
right and liberty at all times to do all acts and things which may be necessary
or expedient for the purpose of searching for, digging, working, obtaining,
removing and enjoying the same making the lessee/lessees reasonable
compensation for all damage done and also all timber, fruit-trees and other
trees (but not the fruit or leaves or fallen branches of trees or branches of
trees cut down with the written consent of the Defence Estates Officer/ Cantonment
Board) with right of entry to mark, fell, cut and carry away the same
TO
HOLD the premises hereby demised unto the lessee/lessees for the term of 30
years from the ......................day of ...................... rendering
therefor during the said term the yearly rent of Rs ......................clear
of all deductions by equal yearly payments on the ......................day of
...................... in each year at the office of the Defence Estates
Officer/Cantonment Board or such other place as the Defence Estates Officer/
Cantonment Board shall from time to time appoint in this behalf, the first of
such payments to be made on the ......................day of
......................
I.
AND
THE LESSEE DOES/LESSEES DO hereby covenant with the lessor:
(1)
To
pay unto the lessor during the term hereby granted the yearly rent hereby
reserved on the days and in the manner herein before appointed.
(2)
From
time to time and at all times during the said term to pay and discharge all
rates, taxes, charges and assessments of every description which are now or may
at any time hereafter during the said term be imposed, charged or assessed upon
the premises hereby demised or the buildings to be erected thereupon or the
landlord or tenant in respect thereof.
(3)
Not
to cut down any of the timber, fruit-trees or other trees now or at any time
hereafter growing on the premises hereby demised without the previous consent
in writing of the Defence Estates Officer/Cantonment Board but to preserve the
same in good order.
(4)
Not
to make any excavation in the land hereby demised or remove any minerals,
mineral substances of any description, sand or clay from the said land without
the consent in writing of and in accordance with the terms and conditions
prescribed by the Defence Estates Officer/Cantonment Board.
(5)
Within
...................... calendar months next after the date of these presents at
his/their own cost to erect and finish fit for habitation/use on the premises
hereby demised a dwelling house/......................together with all
necessary out-houses sewers drains and other appurtenances in accordance with a
plan or plans to be approved in writing by the Cantonment Board under the
provisions of the Cantonments Act and not to erect or suffer to be erected on
any part of the premises hereby demised any building other than and except the
dwelling house/...................... hereby covenanted to be erected without
the previous consent in writing of the Officer Commanding-in-Chief, the
Command, in case of lease sites located outside the notified civil area and the
previous consent in writing of the Cantonment Board in case of lease sites
located within the notified civil area.
(6)
Not
to make any alterations in the plan or elevation of the said dwelling
house/...................... without such consent as aforesaid nor to use the
same or permit the same to be used for any purpose other than that of a
dwelling house/......................
(7)
At
all times during the said term to keep the said dwelling house/
......................and premises in good and substantial repair and on the
expiration or sooner determination of the said term peaceably to yield up the
same in such good and substantial repair unto the lessor.
(8)
Upon
every assignment transfer or sub-lease of the premises hereby demised or any
part thereof or within one calendar month thereafter to deliver a notice of
such assignment transfer or sub-¬lease to the Defence Estates
Officer/Cantonment Board setting forth the names and descriptions of the
parties to every such assignment transfer or sub lease and the particulars and
effect thereof:
II.
PROVIDED
ALWAYS that if any part of the rent hereby reserved shall be in arrear or
unpaid for one calendar month next after any of the days whereon the same shall
have become due whether the same shall have been demanded or not or if there
shall have been in the opinion of the Defence Estates Officer/Cantonment Board
any breach by the lessee/lessees or by any person claiming through or under
him/them of any of the covenants or conditions herein before contained then and
in such case the lessor may notwithstanding the waiver of any previous cause or
right of re-entry enter upon any part of the premises hereby demised or of the
buildings thereon in the name of the whole and thereupon the said premises and
buildings shall remain to the use of land be vested in the lessor and this
demise shall absolutely determine and the lessee/lessees shall not be entitled
to any compensation whatever. In case the lessee or lessees refuse to hand over
the peaceful possession of the said premises to the lessor, the Defence Estates
Officer/ Chief Executive Officer of the Cantonment Board shall cause initiation
of proceedings under the Public Premises (Eviction of Unauthorized Occupants)
Act or any other law at the time being in force, by declaring the
lessee/lessees unauthorized occupant and get them evicted from the said
premises being public premises. The lessee/lessees shall also be liable to pay
damages to the lessor for the period of unauthorized occupation and against any
expenses incurred or damage suffered by the lessor during the period of
unauthorized occupation and while carrying out eviction proceedings.
III.
PROVIDED
ALSO that the lessor will at the request and cost of the lessee/lessees at the
end of the term of...................... years hereby granted and so on from
time to time thereafter at the end of each such successive further term of
years as shall be granted execute to the-lessee a new lease of the premises
hereby demised by way of renewal for the term of 30 years but such renewed term
of years as shall be granted shall not with the original term of years exceed
in the aggregate the period of 90 years and such renewed leases shall be
granted only at such rent determined on the basis of the Standard table of
rents applicable in the Cantonment on the date of expiry of the immediately
preceding period of lease and save as to the amount of the rent to be thereby
reserved and as to the term to be thereby granted every renewed lease of the
said premises thereby demised shall contain such of the covenants provisions
and conditions in these presents contained as shall be applicable.
IV.
PROVIDED
ALSO that the expression "lessor" and the "lessee"
hereinbefore used shall unless such an interpretation be inconsistent with the
context include in the case of the former his successors and assigns and-in the
case of the latter his/their heirs, executors, administrators, representatives
and assigns.
The
Schedule above referred to
All
that piece and parcel of land situated at ...................... recorded in
the General Land Register of the ...................... Cantonment as (Part of)
Survey number...................... and bounded:-
on
the North by......................
on
the South by......................
on
the East by ......................
on
the West by ......................
IN
WITNESS whereof the parties have hereto set their hands the day and year first
written above.
Signed
with office seal by ......................dated ......................
on
behalf of the President of India in the presence of ......................
Witness
............................................dated ......................
Signed
by above named (lessee/lessees) ......................dated
......................
in
the presence of ............................................
Witness
............................................dated ......................
Note:
The authority competent to sanction the lease shall be informed about the
execution of the lease upon its execution and registration.
SCHEDULE VIII
[See rule 30 (1)]
BUILDING LEASE FOR A TERM OF YEARS
NOT EXCEEDING THIRTY AND NOT RENEWABLE
THIS
INDENTURE made the ...................... day of ......................BETWEEN
the President of India (hereinafter called the Lessor) of the one part and
...................... (hereinafter called the lessee/lessees) of the other
part.
WHEREAS
by virtue of rules made under section 346 of the Cantonments Act, 2006 the
Defence Estates Officer/Cantonment Board of ...................... Cantonment
(hereinafter called the Defence Estates Officer/Cantonment Board) has agreed on
behalf of the Lessor with the confirmation of ...................... to demise
the plot of land hereinafter described to the lessee/lessees in manner
hereinafter appearing.
NOW
THIS INDENTURE WITNESSETH in consideration of the premium of Rs.
...................... paid on or before the execution of these presents (the
receipt whereof the Lessor hereby acknowledges) and of the rent hereinafter
reserved and of the covenants on the part of the lessee/lessees hereinafter
contained the Lessor doth hereby demise unto the lessee/lessees.
ALL
THAT plot of land containing by admeasurement ...................... situated
at ...................... in the Cantonment of ......................which said
plot of land is more particularly described in the Schedule hereunder written
and with the boundaries thereof is delineated on the plan annexed to these
presents and thereon coloured......................
TOGETHER
with all rights easements and appurtenances whatsoever to the said plot of land
belonging or in any wise appertaining
EXCEPTING
AND RESERVING unto the Lessor all mines minerals, mineral substances of every
description sand and clay in or under the premises hereby demised with full
right and liberty at all times to do all acts and things which may be necessary
or expedient for the purpose of searching for digging working obtaining and
removing and enjoying the same making the lessee/lessees reasonable
compensation for all damage done and also all timber fruit-trees and other
trees (but not the fruit or leaves or fallen branches of trees or branches of
trees or branches of trees cut down with the written consent of the Defence
Estates Officer/Cantonment Board) with right of entry to mark fell cut and
carry away the same
TO
HOLD the premises hereby demised unto the lessee/lessees for the term of
......................years from the ......................day
of...................... rendering therefor during the said term the yearly
rent of Rs...................... clear of all deductions by equal yearly
payments on the .......................day of ...................... in each
year at the office of the Defence Estates Officer/Cantonment Board or such
other place as the Defence Estates Officer/Cantonment Board shall from time to
time appoint in this behalf, the first of such payments to be made on
the...................... day of ......................next.
I.
AND
THE LESSEE DOTH/LESSEES DO hereby covenant with the Lessor:-
(1)
To
pay unto the Lessor during the term hereby granted the yearly rent hereby
reserved on the days and in the manner herein-before appointed.
(2)
From
time to time and at all times during the said term to pay and discharge all
rates taxes charges and assessments of every description which are now or may
at any time hereafter during the said term be imposed charged or assessed upon
the premises hereby demised or the building to be erected thereupon or the
landlord or tenant in respect thereof.
(3)
Not
to cut down any of the timber fruit-trees or other trees now or at any time
hereafter growing on the premises hereby demised without the previous consent
in writing of the Defence Estates Officer/Cantonment Board but to preserve the
same in good order.
(4)
Not
to make any excavations in the land hereby demised or remove any minerals,
mineral substances of any description sand or clay from the said land without
the consent in writing of and in accordance with the terms and conditions
prescribed by the Defence Estates Officer/Cantonment Board.
(5)
Within
...................... calendar months next after the date of these presents at
his/their own cost to erect and finish fit for habitation/use on the premises
hereby demised a dwelling house/ ...................... together with all
necessary outhouses sewers drains and other appurtenances in accordance with a
plan to be approved in writing by the Cantonments Act and not to erect or
suffer to be erected on any part of the premises hereby demised and building
other than and except the dwelling house/......................hereby
covenanted to be erected without the previous consent in writing of the Officer
Commanding-in-Chief, the Command, in case of lease sites located outside the
notified civil area and the previous consent in writing of the Cantonment Board
in case of lease sites located within the notified civil area.
(6)
Not
to make any alterations in the plan or elevation of the said dwelling house/
...................... without such consent as aforesaid nor to use the same or
permit the same to be used for any purpose other than that of a dwelling house/
......................
(7)
At
all times during the said term to keep the said dwelling house /
...................... and premises in good and substantial repair and on the
expiration or sooner determination of the said term peaceably to yield up the
same in such good and substantial repair unto the Lessor.
(8)
Upon
every assignment, transfer or sub-lease of the premises hereby demised or any
part thereof or within one calendar month thereafter to deliver a notice of
such assignment transfer or sub-lease to the Defence Estates Officer setting
forth the names and descriptions of the parties to every such assignment
transfer or sub-lease and the particulars and effect thereof.
II.
PROVIDED
ALWAYS that if any part of the rent hereby reserved shall be in arrear or
unpaid for one calendar month next after any of the said days whereon the same
shall have become due whether the same shall have been demanded or not or if
there shall have been in the opinion of the Defence Estates Officer/Cantonment
Board any breach by the lessee/lessees or by any person claiming through or
under him/them of any of the covenants or conditions hereinbefore contained
then and in such case the Lessor may notwithstanding the waiver of any previous
cause or right of re-entry enter upon any part of the premises hereby demised
or of the buildings thereon in the name of the whole and thereupon the said
premises and buildings shall remain to the use of and be vested in the Lessor
and this demise shall absolutely determine and the lessee/lessees shall not be
entitled to any compensation whatsoever.
III.
PROVIDED
FURTHER that on completion of the fixed tenure of the lease the lessee is
required to hand over the premises along with the buildings and the lessee will
not be entitled for any compensation whatsoever.
IV.
PROVIDED
ALSO that the expressions "Central Government" and the
"lessee"/ "lessees" hereinbefore used shall unless such an
interpretation be inconsistent with the context include in the case of the
former his successors and assigns and in the case of the latter his/their
heirs, executors, administrators, representatives and assignees.
The
schedule above referred to.
All
that piece and parcel of land situated at...................... recorded in the
General Land Register of the ...................... Cantonment as (part of)
Survey number...................... and bounded:-
on
the North by......................
on
the South by......................
on
the East by ......................
on
the West by......................
IN
WITNESS whereof the parties hereto have set their hands the day and year first
written above.
Signed
with office seal by ............................................dated
......................
on
behalf of the President of India in the presence of ......................
Witness
............................................dated ......................
Signed
by above named (lessee/lessees) ............................................
dated ......................
in
the presence of ............................................
Witness
............................................dated ......................
Note:
The authority competent to sanction the lease shall be informed about the
execution of the lease upon its execution and registration.
SCHEDULE IX
[See rule 30(1)]
BUILDING LEASE IN PERPETUITY
THIS
INDENTURE made the...................... day of BETWEEN the President of India
(hereinafter called the Lessor) of the one part and......................
(hereinafter called the lessee/lessees), of the other part.
WHEREAS
by virtue of rules made under section 346 of the Cantonment Act, 2006, the
Defence Estates Officer/ Cantonment Board of ......................Cantonment
(hereinafter called the Defence Estates Officer/Cantonment Board) has agreed on
behalf of the Lessor with the confirmation of ...................... to demise
the plot of land hereinafter described to the lessee/lessees in manner hereinafter
appearing.
NOW
THIS INDENTURE WITNESSETH in consideration of the premium of rupees
......................paid on or before the execution of these presents (the
receipt whereof the Lessor hereby acknowledges) and of the rent hereinafter
reserved and of the covenant on the part of the lessee/lessees hereinafter
contained the Lessor doth hereby demise unto the lessee/lessees
ALL
THAT plot of land containing by admeasurement ......................situated at
...................... in the Cantonment of ...................... which said
plot of land is more particularly described in the Schedule hereunder written
and with the boundaries thereof is delineated on the plan annexed to these
presents and thereon coloured......................
TOGETHER
with all rights easements and appurtenances whatsoever to the said plot of land
belonging or in any wise appertaining
EXCEPTING
AND RESERVING unto the Lessor all mines, minerals, mineral substances of every
description, sand and clay in or under the premises hereby demised with full
right and liberty at all times to do all acts and things which may be necessary
or expedient for the purpose of searching for digging, working, obtaining,
removing, enjoying the same making the lessee/lessees reasonable compensation
for all damage done and also all timber fruit-tree and other trees (but not the
fruit or leaves or fallen branches of trees cut down with the written consent
of the Defence Estates Officer/Cantonment Board) with right of entry to mark,
fell cut and carry away the same
TO
HOLD the premises hereby demised unto the lessee/lessees in perpetuity from the
......................day of ......................rendering therefor the
yearly rent of Rs...................... clear of all deductions by equal yearly
payments on the ......................day of...................... each year at
the office of Defence Estates Officer/Cantonment Board or such other places as
the Defence Estates Officer/Cantonment Board shall from time to time appoint in
this behalf the first of such payments to be made on the
......................day of ......................next
I.
AND
THE LESSEE DOTH/LESSEES DO hereby covenant with the Lessor:-
(1)
To
pay unto the Lessor the yearly rent hereby reserved on the days and in the
manner hereinbefore appointed.
(2)
From
time to time and at all times to pay and discharge all rates taxes charges and
assessments of every description which are now or may at any time hereafter be
imposed, charged or assessed upon the premises hereby demised or the buildings
to be erected thereupon or the landlord or tenant in respect thereof.
(3)
Not
to cut down any of the timber, fruit-trees or other trees now or at any time
hereafter growing on the premises hereby demised without the consent in writing
of the Defence Estates officer/Cantonment Board but to preserve the same in
good order.
(4)
Not
to make any excavations in the land hereby demised or remove any minerals,
mineral substances of any description, sand or clay from the said land without
the consent of and in accordance with the terms and conditions prescribed by
the Defence Estates officer/Cantonment Board.
(5)
Within
......................calendar months next after the date of these presents at
his /their own cost to erect and finish fit for habitation/use on the premises
hereby demised a dwelling house/ ......................together with all
necessary outhouse sewers drains and other appurtenances in accordance with a
plan or plans to be approved in writing by the Cantonment Board under the
provisions of the Cantonment Act, 2006 and not to erect or suffer to be erected
on any part of the premises hereby demised any building other than and except
the dwelling house / ...................... hereby covenanted to be erected
without the previous consent in writing of the Officer Commanding-in-Chief, the
Command, in case of lease sites located outside the notified civil area and the
previous consent in writing of the Cantonment Board in case of lease sites
located within the notified civil area.
(6)
Not
to make any alterations in the plan or elevation of the said dwelling house/
...................... without such consent as aforesaid nor to use the same or
permit the same to be used for any purpose other than that of a dwelling
house/...................... purpose for which the lease was granted
(7)
At
all times to keep the said dwelling house/......................and premises in
good and substantial repair and on the determination of this lease peaceably to
yield up the same in such good and substantial repair unto the Lessor.
(8)
Upon
every assignment, transfer or sub-lease of the premises hereby demised or any
part thereof or within one calendar month thereafter to deliver a notice of
such assignment transfer or sub-lease to the Defence Estates Officer setting
forth the names and description of the particulars and effect thereof.
II.
PROVIDED
ALWAYS that if any part of the rent hereby reserved, shall be in arrear or
unpaid for one calendar month next after any of the days whereon the same shall
have become due whether the same shall have been demanded or not or if there
shall have been in the opinion of the Defence Estates officer/Cantonment Board
any breach by the Lessee/Lessees or by any person claiming through or under
him/them of any of the covenants or conditions hereinbefore contained then and
in such case, the Lessor may notwithstanding the waiver of any previous cause
or right of re-entry enter upon any part of the premises hereby demised or of
the building shall remain to the use of and be vested in the Lessor and this
demise shall absolutely determine and the Lessee/Lessees shall not be entitled
to any compensation whatsoever and the lessor reserves the right to terminate
the lease after giving opportunity to the lessee to show cause, in case of any
violation to the above said covenants.
III.
PROVIDED
ALSO that the rent of the premises hereby demised shall be subject to revision
at the end of each successive period of not less than thirty years but the
enhancement if any shall in on case exceed fifty percent of the rent payable
during the period immediately preceding the period in respect of which such
revision is made.
IV.
PROVIDED
ALSO that the expressions "Lessor" and the
"lessee"/"lessees" hereinbefore used shall unless such an
interpretation be inconsistent with the context include in the case of the
latter his/their heirs, personal representatives and assigns.
The
Schedule above referred to
All
that piece and parcel of land situated at ...................... recorded in
the General Land Register of the ...................... Cantonment as (Part of)
Survey number...................... and bounded:-
on
the North by......................
on
the South by......................
on
the East by ......................
on
the West by ......................
IN
WITNESS whereof the parties have hereto set their hands the day and year first
written above.
Signed
with office seal by ......................dated ......................
on
behalf of the President of India in the presence of ......................
Witness
............................................dated ......................
Signed
by above named (lessee/lessees) ......................dated
......................
in
the presence of ............................................
Witness
............................................dated ......................
NOTE-
The authority competent to sanction the lease shall be informed about the
execution of the lease upon its execution and registration.
SCHEDULE X
[See rule 30 (2)]
BUIDLING LEASE IN PERPETUITY ON
FAVOURABLE TERMS FOR A PUBLIC PURPOSE
THIS
INDENTURE made the......................day of......................BETWEEN the
President of India (hereinafter called the Lessor) of the one part and
...................... (hereinafter called the Lessee/Lessees) of the other
part.
WHEREAS
by virtue of rules made under section 346 of the Cantonments Act, 2006, the
Defence Estates Officer/Cantonment Board of ...................... Cantonment
(hereinafter called the Defence Estates Officer/Cantonment Board) has agreed on
behalf of the Lessor to demise the plot of land hereinafter described to the
Lessee/lessees in manner hereinafter appearing for the purpose of building of
a......................
NOW
THIS INDENTURE WITNESSETH in consideration of the rent hereinafter reserved and
of the covenants on the part of the lessee/lessees hereinafter contained the
Lessor both hereby demise unto the lessee/lessees
ALL
THAT plot of land containing by admeasurement ...................... situated
at ...................... in the Cantonment of...................... which said
plot of land is more particularly described in the schedule hereunder written
and with the boundaries thereof is delineated on the plan annexed to these
presents and thereon coloured......................
TOGETHER
with all rights easements and appurtenances whatsoever to the said plot of land
belonging or in any wise appertaining
TO
HOLD the premises hereby demised unto the lessee/lessees in perpetuity from the
......................day of ......................rendering therefor the
yearly rent of Rs. ......................clear of all deductions on the
...................... day of ......................in each year at the office
of the Defence Estates Officer/Cantonment Board or such other place as the
Defence Estates Officer/Cantonment Board shall from time to time appoint in
this behalf the first of such payments to be made on the
......................day of......................next
I.
AND
THE LESSEE DOTH/LESSEES DO hereby covenant with the Lessor:-
(1)
To
pay unto the Lessor the yearly rent hereby reserved on the days and in the
manner hereinafter appointed.
(2)
From
time to time and at all times to pay and discharge all rates, and taxes,
charges and assessments of every description which are now or may at any time
hereafter be imposed, charged or assessed upon the premises hereby demised of
the buildings to be erected thereupon or the landlord or tenant in respect
thereof.
(3)
Within
......................calendar months next after the date of these presents at
his/their own cost to erect and finish fit for use on the premises hereby
demised a ...................... in accordance with a plan or plans to be
approved in writing by the Cantonment Board under the provisions of the
Cantonments Act and not to erect or suffer to be erected on any part of the
premises hereby demised any building other than and except
......................hereby covenanted to be erected without the previous
consent in writing of the Officer Commanding-in-Chief, the Command, in case of
lease sites located outside the notified civil area and the previous consent in
writing of the Cantonment Board in case of lease sites located within the
notified civil area.
(4)
Not
to make any alterations in the plan or elevation of the
said...................... without such consent as aforesaid nor to use the
same or permit the same to be used for any purpose other than that of a ......................
(5)
At
all times to keep the said...................... and premises in good and
substantial repair and on the determination of this lease peaceably to yield up
the same in such good and substantial repair unto the Lessor.
(6)
Upon
every assignment, transfer or sub-lease of the premises hereby demised or any
part thereof or within one calendar month thereafter to deliver a notice of
such assignment transfer or sub-lease to the Defence Estates Officer setting
forth the names and description of the parties to every such assignment
transfer of sub-lease and the particular and effect thereof.
II.
PROVIDED
ALWAYS that if any part of the rent hereby reserved shall be in arrears or
unpaid for one calendar month next after, any of the days whereon the same
shall have become due whether the same shall have been demanded or not or if
there shall have been in the opinion of the Defence Estates Officer/Cantonment
Board any breach by the lessee/lessees or by any person claiming through or
under him/them of any of the covenants or conditions hereinbefore contained
then and in such case the Lessor may notwithstanding the waiver of any previous
cause or right for re-entry enter upon any part of the premises hereby demised
or of the buildings thereon in the name of the whole and thereupon the said
premises and buildings shall remain to the use of and be vested in the Lessor
and this demise shall absolutely determine and the lessee/lessees shall not be
entitled to any compensation whatever and in the event of any activities being
undertaken by the lessee not provided under the lease conditions the lessor may
initiate action under appropriate provisions of law.
III.
PROVIDED
ALSO that the expressions "Central Government" and the
"lessee/lessees" hereinafter used shall unless such an interpretation
be inconsistent with the context include in the case of the former his
successors and assigns and in the case of the latter his/their heirs,
executors, administrators, representatives and assigns.
The
Schedule above referred to
All
that piece and parcel of land situated at ...................... recorded in
the General Land Register of the ...................... Cantonment as (Part of)
Survey number...................... and bounded:-
on
the North by......................
on
the South by......................
on
the East by ......................
on
the West by ......................
IN
WITNESS whereof the parties have hereto set their hands the day and year first
written above. Signed with office seal by ......................dated
......................
on
behalf of the President of India in the presence of ......................
Witness
......................dated ......................
Signed
by above named (lessee/lessees) ......................dated
......................
in
the presence of ......................
Witness
......................dated ......................
Note-
The authority competent to sanction the lease shall be informed about the
execution of the lease upon its execution and registration.
SCHEDULE XI
[See rule 32(1)]
DEFENCE ESTATE OFFICERS/CANTONMENT
BOARDS GRANT REGISTER (AGRICULTURAL LAND)
|
Survey No.
|
Area in
acres
|
Remarks
(Nature and value of land, term of disposal, etc.)
|
Year
|
Rent per
acre per annum
|
|
1
|
2
|
3
|
1
|
2
|
|
|
|
|
|
Sy No
|
Sy No
|
Sy No
|
Sy No
|
Sy No
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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SCHEDULE XII
[See rule 33 (1)]
LEASE OF AGRICULTURAL LAND
THIS
INDENTURE made the .............. day of ..............BETWEEN THE Central
Government.............. (hereinafter called lessor of the one part and
.............. (hereinafter called the lessee/lessees) of the other part.
WHEREAS
by virtue of rules made under Section 346 of the Cantonments Act, 2006, the
Defence Estates Officer/Cantonment Board of .............. Cantonment
(hereinafter called the Defence Estates Officer/Cantonment Board) has agreed on
behalf of the lessor (with the confirmation of .............. ) to demise the
plot of land hereinafter described to the lessee/lessees in manner hereinafter
appearing.
NOW
THIS INDENTURE WITNESSETH that in consideration of the rent hereby reserved and
of the covenants on the part of the lessee/lessees hereinafter contained the
lessor doth hereby demise unto the lessee/lessees
ALL
THAT plot of land measuring .............. or there about situated at
.............. in the Cantonment of .............. and described in the
Schedule hereunder written and with the boundaries thereof as delineated on the
plan annexed to these presents and thereon coloured..............
TO
HOLD the same unto the lessee/lessees his/their permitted successors and
assigns for the terms of .............. years from the ..............paying
therefor the yearly/quarterly/monthly rent of rupees.............. in advance.
I.
THE
LESSEE/THE LESSEES for himself/themselves his/their heirs and assigns hereby
covenant/covenants with the lessor..............
(1)
To
pay during the said term the said yearly/quarterly/monthly rent at the times
and in the manner aforesaid and also all cesses, rates and assessments now or
at any time hereafter payable in respect of the said land.
(2)
Not
to use the said land otherwise than for agricultural purposes and in accordance
with the provisions. of section 149 of the Cantonment Act 2006, and not plant
trees, dig kankar or remove any sand, clay or mineral substances of any
description thereon, therein or therefrom without the written sanction of the
Defence Estates Officer/Cantonment Board.
(3)
Not
to erect on the said land any buildings as defined in clause(d) of section 2 of
the Cantonments Act, 2006, other than a well.
(4)
Not
to construct on the said land any well without the written sanction of the
Defence Estates Officer/Cantonment Board or any portable or temporary structure
without the written sanction of the Officer Commanding- in-Chief, the Command.
(5)
To
maintain all wells on the said land in good condition to the satisfaction of the
Defence Estates Officer/Cantonment Board.
(6)
On
the expiration or sooner determination of this lease peaceably to surrender to
the lessor the hereby demised.
(7)
Not
to assign underlet, transfer or part with possession of the said land or any
part thereof or any of his/their right of interests therein under these
presents without the written sanction of the Defence Estates Officer/Cantonment
Board:
II.
PROVIDED
ALWAYS that it shall be lawful for the lessor at any time or times during the
said term on giving..............days notice in writing to resume possession of
land and determine the tenancy of the lessee/lessees of the said land or any
part thereof without making to the lessee/lessees any compensation on account
thereof save only a fair payments for the crops, if any, standing on the said
land at the time of resumption and the abatement of a proportionate part of the
rent for the then unexpired portion of the said term:
III.
PROVIDED
ALSO that if the lessee/lessees or the person (or persons) for the time being entitled
to hold the said land shall die before the expiry of determination of the said
term the heir or heirs of the person (or persons) so dying shall if so
permitted in writing by the Defence Estates Officer/Cantonment Board become
entitled thereupon to hold the said land for the remainder of the said term
subject to the covenants and conditions herein expressed and if there shall be
no person who shall so become entitled to and shall hold the said land the said
term hereby granted shall be deemed to have determined as from the date of the
death of the person so dying as aforesaid:
IV.
PROVIDED
ALSO that is and whenever any part of the rent hereby reserved shall be in
arrear unpaid for ..............days next after any of the days on which the
same shall have become due whether the same shall have been demanded or not or
if there shall have been in the opinion of the Defence Estates
Officer/Cantonment Board any breach on the part of the lessee/lessees his/their
heirs and assigns of any of the covenants or conditions herein contained then
and in such case the lessor shall be at liberty at any time thereafter to enter
into possession of the said land and there upon this demise shall absolutely
determine and the lessee/lessees shall not be entitled to any compensation
whatever.
The
Schedule above referred to
All
that piece and parcel of land situated at .............. recorded in the
General Land Register of the .............. Cantonment as (Part of) Survey
number..............and bounded:-
on
the North by..............
on
the South by..............
on
the East by ..............
on
the West by ..............
IN
WITNESS whereof the parties have hereto set their hands the day and year first
written above.
Signed
with office seal by ............................dated ..............
on
behalf of the President of India in the presence of ..............
Witness
............................dated ..............
Signed
by above named (lessee/lessees) ..............dated ..............
in
the presence of ..........................................
Witness
............................dated ..............
NOTES..............
(i)
The
lease for not more than four years may be granted by the Cantonment Board on
its own initiative. Leases of "B (4) land under the management of the
Defence Estates Officer for not more than four years require the approval of
the Officer Commanding-in-Chief the Command. Leases of "A" (2) land
by the Defence Estates Officer for not more than five year require sanction of
the Officer Commanding-in-Chief, the Command. Lease for terms, exceeding 4
years requires the approval of the Officer Commanding-in-Chief, the Command.
(ii)
Lease
for terms exceeding 10 years require the approval of the Central Government.
SCHEDULE XIII
[See rule 35 (2)]
Defence Estates Officer GRANTS
REGISTER
Cantonment Board
(MISCELLANEOUS SITE)
(Form of application for a lease of
land to be filled in by applicant)
To
The
Defence Estates Officer
The
Chief Executive Officer, ............................Cantonment
Dated..............
Sir,
I
would like to apply for the grant of a lease of ..............Acres/sqr metre
of land situated in ..............for the purpose of ..............
A
site plan of the area required is attached.
No
buildings will be erected on the land, and only such boundary walls, fences or
hedges will be erected as may be sanctioned by the authority sanctioning the
lease.
I
request that a lease may be granted for a period of ..............years
I
am prepared to abide by such conditions regarding the disposal of the land as
the Central Government or such other authority as the Central Government may
appoint for this purpose may impose, and to deposit the cost, if any, of
surveying and demarcating the land on the under-standing that if the land is
eventually granted to any other person the amount of my deposit will be
refunded to me.
I
request that the land may be granted to me by private agreement without auction
for the following reasons:-
..........................................
Yours
faithfully
..........................................
GRANTS REGISTER
MISCELLANEOUS SITES
(To be filled in by the prescribed
authority, not the applicant)
Survey
number and/or situation. Class of land. Total area of S. No. in any.
1.
Date
of application ..............
2.
Extent
applied for ..............
3.
Name
and address of applicant ..............
4.
Period
of lease applied for ..............
5.
Purpose
for which applied for ..............
6.
Order
of the Officer Commanding the Station/copy of the Board resolution
..............
7.
Order
of the Central Government or authority appointed under rule 35 ..............
8.
Date
and cost of survey and demarcation and date of deposit of cost. ..............
9.
Annual
rent fixed according to Standard table of rents ..............
10.
Reserve
price for premium on lease ..............
11.
Notice
of auction published ..............
12.
Date
of auction ..............
13.
Successful
bidder ..............
14.
Amount
of bid ..............
15.
Order
of the Central Government or authority appointed under rule 35. ..............
(Items
8 to 15 to be completed if the ordinary procedure of auction is ordered under
item 7).
16.
Number
and date of lease ..............
17.
Date
of registration of lease ..............
Defence
Estates Officer
Executive
Officer
Dated..............
Plan
of site ..............
Survey
number ..............
Sub-division
..............
Area
..............
Surveyed
and demarcated on ground..............
Defence
Estates Officer
Chief
Executive Officer
Dated..............
Certified
that the sub-division has been entered on the GLR plan of the Cantonment and
that the appropriate entry has been made in the General Land Register.
Defence
Estates Officer
Chief
Executive Officer
Dated..............
SCHEDULE XIV
[See rule 35(4)]
DEFENCE ESTATES OFFICER CIRCLE CANTONMENT
BOARD CANTONMENT
..............Cantonment.
Lease
No ..............Survey No ..............Area ..............
Defence
Estates Officers (Building
Grants
Register Sites) Page No.
Cantonment
Boards (Agricultural
Particulars:-
No.
and name of building ........................................................
No.
of Agricultural plot ........................................................
Lease
Description of (Schedule
No........................................................
For
what purpose........................................................
For
what period........................................................
Date
of Execution........................................................
Date
of Registration........................................................
Date
of Expiry........................................................
Rental
Amount Payable Rs..........................................
Dates
when payable..........................................
Name
of original Lessee..........................................
Mutations:-How
effected giving full details............................
Notes..........................................
SCHEDULE XV
[See rule 37 (1)]
LICENCE TO-OCCUPY A SITE IN THE
..............CANTONMENT
This
licence granted to ..............son of ..............in his capacity as
..............the right to occupy a site comprising ..............square
yards..............square feet, situated in survey No.............. (site plan
to be annexed in case of licence for one month) (and in extent as delineated on
the site plan annexed hereto) for the purpose of ..............on payment of
rupees ..............per month/day subject to the following conditions.
(1)
The
right granted under this licence does not amount to an easement or interest in
the site.
(2)
This
licence is valid from the date of issue until the ..............unless prior
notice of determination is given.
(3)
The
licensor has the right to determine this licence by giving
..............days/months notice to the licensee.
(4)
The
licensee has the right to remove any materials or buildings on the site
upto.............. weeks after the determination of the licence: Provided that
if the licensee has failed so to remove any materials or buildings on the site
they shall become the property of the Central Government/Cantonment Board
without payment of any compensation and licensee shall have not further claim
there to. The licensee shall make good any damage done in removing same.
(5)
The
licence cannot be transferred or assigned by the licensee or exercised by his
servants or agents.
(6)
The
land must not be used for any purpose other than that mentioned in this
licence.
(7)
Only
building of temporary nature shall, if sanctioned, be erected on the site and
the building shall comply with such directions as may be issued by proper
authority.
(8)
On
determination of this licence either in pursuance of a notice of determination
or on the expiry thereof; the Central Government/Cantonment Board shall not be
liable to pay any compensation whatever to the licensee.
Signature..............
Dated..............
Defence
Estates Officer
Cantonment
Board
I..............licence
hereby accept the terms and conditions contained in the licence of which I have
been made fully aware.
Signature..............
SCHEDULE XVI
[See rule 37 (3)]
REGISTER OF LICENCES FOR TEMPORARY
OCCUPATION OF LAND
..............Year
..............Cantonment
|
Serial No
of licence
|
Survey
number and situation
|
Area
|
Purpose
for which licence is granted
|
Name of
Licensee
|
Period of
licence, date of expiry and initials of Defence Estates Officer or Chief
Executive Officer
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
|
Number and
date of resolution of Cantt. Board or order of Defence Estates Officer
sanctioning licence
|
Fee
charged
|
Date of
collection and initials of Defence Estates Officer or Chief Executive Officer
|
Receipt
number
|
General
Cash Book Entry number and date
|
Date and
initials of
D.E.O or C.E.O. in token of termination of occupation
|
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
Note:- If the system of granting individual permits for each head of cattle
allowed to graze is in force, it should be worked by book containing foil and
counterfoil and entries in this register will be unnecessary.
SCHEDULE XVII
[See rule 43(2)]
CANTONMENT BOARDS REGISTER OF
GENERAL GOVERNMENT DUES
Class "C" Lands
|
Serial No.
|
No. &
date of Central Govt. order vesting in Board
|
Purpose
for which vested
|
Amount
payable to Central Government
|
Total of
column 4 and 5
|
Amount
paid to Central Government
No. and date of treasury receipt
|
Balance
due
|
Remarks
(If Central
Government has fixed a date for consideration of amount payable, it should be
so stated here giving date.)
|
|
Arrear
|
For
current year
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
|
|
|
|