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Cantonment Land Administration Rules, 2021

Cantonment Land Administration Rules, 2021

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


 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 


 

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