AGREEMENT OF LEAVE AND
LICENCE
This AGREEMENT
OF LEAVE AND LICENCE
is made at ____________________, Goa, on this _____________ day of
__________________, 201__.
BETWEEN
the Governor
of Goa (hereinafter
called the “GOVERNMENT”}
of the ONE PART
AND
_________________________________________________,
a ______________________ incorporated under
_______________________________, before _______________________, on
______________________, having it’s registered office at
_____________________________ and represented in this act by it’s
_____________________________, Shri _____________________________, by
virtue of _________________ dated ______________________ (hereinafter
called the “LICENSEE”
which expression
unless repugnant to the context or meaning thereof shall mean and
include it's successors, executors, administrators and assignees) of
the OTHER PART.
WHEREAS, the
Government is the absolute owner and in possession of
_______________________, admeasuring built up area of _____________
sq. mts., on the ___________ floor of the __________________,
situated in the property surveyed under Survey No.
___________________ and Sub-division No. __________ of Village
_____________________________/ Chalta No. __________ of P.T. Sheet
No. ________ of City Survey of _____________, of city of
___________________________, within the limits of the Village
Panchayat of __________________________________/
__________________________ Municipal Council, Taluka
_______________________, District ______________ Goa, State of Goa
and more particularly described in the Schedule
hereinafter written (hereinafter referred to as the “said
premises”);
AND WHEREAS
the Licensee vide letter No. __________________________ dated
___________________, requested the Government to permit the licensee
to use the said premises for the purpose of ___________ i.e. for
_________________________;AGREEMENT
OF LEAVE AND LICENCE
This AGREEMENT
OF LEAVE AND LICENCE
is made at ____________________, Goa, on this _____________ day of
__________________, 201__.
BETWEEN
the Governor
of Goa (hereinafter
called the “GOVERNMENT”}
of the ONE PART
AND
_________________________________________________,
a ______________________ incorporated under
_______________________________, before _______________________, on
______________________, having it’s registered office at
_____________________________ and represented in this act by it’s
_____________________________, Shri _____________________________, by
virtue of _________________ dated ______________________ (hereinafter
called the “LICENSEE”
which expression
unless repugnant to the context or meaning thereof shall mean and
include it's successors, executors, administrators and assignees) of
the OTHER PART.
WHEREAS, the
Government is the absolute owner and in possession of
_______________________, admeasuring built up area of _____________
sq. mts., on the ___________ floor of the __________________,
situated in the property surveyed under Survey No.
___________________ and Sub-division No. __________ of Village
_____________________________/ Chalta No. __________ of P.T. Sheet
No. ________ of City Survey of _____________, of city of
___________________________, within the limits of the Village
Panchayat of __________________________________/
__________________________ Municipal Council, Taluka
_______________________, District ______________ Goa, State of Goa
and more particularly described in the Schedule
hereinafter written (hereinafter referred to as the “said
premises”);
AND WHEREAS
the Licensee vide letter No. __
AND WHEREAS,
the Government has agreed to permit to use the said premises
exclusively for the purpose of __________________ i.e. for
_______________________, on purely leave and license basis;
AND WHEREAS, the
Government and the Licensee have agreed to execute this Agreement of
Leave and Licence on the terms and conditions stipulated hereunder.
NOW, THEREFORE, THIS
AGREEMENT OF LEAVE AND LICENCE WITNESSES AND THE PARTIES HERETO
HEREBY MUTUALLY AGREE AS FOLLOWS:
Consideration:
That in consideration of
payment of monthly license fee of Rs. _______________/-
(Rupees
____________________________________________________________ only)
which shall be paid by the Licensee to the Government on or before
the 10th
day of the month following the month to which it relates, the
Government hereby permits the Licensee to use the said premises, on
purely leave and license basis, under the terms and conditions
hereunder mentioned.
8
Term:
That the period of leave and
licence shall be ____________________ commencing from _______________
day of ____________, 201___ and ending on _____________ day of
_______________, 201___.
Security Deposit:
That the Licensee has
deposited with the Government an amount of Rs. ____________/- (Rupees
______________________________________________________ only) as a
security deposit on the date of execution of this Agreement of Leave
and Licence, which sum shall be returned by the Government to the
Licensee upon receiving the vacant and peaceful possession of the
said premises, on the expiry of the term of the licence stipulated in
clause (2) above or upon termination of this Agreement of Leave and
Licence, whichever is earlier. The said security deposit shall not
carry any interest and the Government shall be entitled to deduct
therefrom any dues of the Licensee towards arrears of the licence
fees, electricity bills, water charges, compensation amount in
respect of any damage to the said premises, etc., if any, and only
upon clearance of the aforesaid dues, the Licensee shalt be entitled
to obtain the refund of the aforesaid security deposit.
Purpose of leave and
licence:
The Licensee shall use the
said premises exclusively for the purpose of ________________ i.e.
for ___________________________________.
The Licensee shall not use
the said premises for any illegal or immoral purpose or any other
purpose and shall also not use it in such manner so as to cause any
inconvenience, nuisance or annoyance to the other occupants of the
building or public.
Maintenance:
That the Licensee shall be
bound to maintain the said premises in good condition.
Entry and Inspection:
The Licensee shall allow the
officers or servants or any person duly authorized by the Government
in this behalf, to enter upon and inspect the said premises, to
ensure that the said premises is used for the purpose for which it is
licensed, on any day between sun-rise and sun-set or at any other
time, in case of urgent necessity.
Renewal:
The Government, on expiry of
the term of this Agreement of leave and licence, may, at the request
of the Licensee, in its discretion, renew this Agreement of Leave and
Licence for such further period of ______________ and subject to such
terms and conditions as may be decided by the Government.
9
Amendment:
The Government reserves the
right to add/ amend/ substitute/ delete any of the terms and
conditions laid down in this Agreement of Leave and Licence either
after hearing the Licensee or suo motto.
Termination
ln case the Licensee commits
breach of any of the terms and conditions herein contained, the
Government reserves the right to terminate this Agreement of Leave
and Licence and on such termination, the Licensee shall peacefully
vacate the said premises and shall not be entitled to claim any
compensation thereof.
lf the said premises is at
any time required for public purpose, the Government shall be at
liberty to terminate this Agreement of Leave and Licence at any
time and take over possession of the said premises and no
compensation shall be payable by the Government to the Licensee for
such pre-mature termination of this Agreement of Leave and Licence.
The decision of the Government in this regard shall be final and
binding upon the Licensee.
Delivery of Possession:
On termination of this
Agreement of Leave and Licence or on expiry of period of license
fixed under this Agreement of Leave and Licence, whichever is
earlier, if the license period is not extended by the Government for
a further term, the Licensee shall deliver the vacant and peaceful
possession of the said premises to the Government.
Arbitration:
ln the event of any question,
dispute or difference of opinion arising under or out of or in any
way relating to or concerning these presents or effects of these
presents or in connection with the conditions herein contained or
touching or concerning the meaning or effect thereof, or any matter
contained therein as to the rights, duties or liabilities of the
parties hereto, howsoever, in connection with this Agreement of Leave
and Licence, the same shall be referred to the sole arbitration of a
person to be appointed by the Secretary ____________________________
to the Government of Goa. The Licensee shall not raise any objection
to such appointment on the ground that the arbitrator so appointed is
a Government servant and that he had dealt with the matter to which
this Agreement of Leave and Licence relates or that in the course of
his duties as such Government servant, he had expressed his views on
all or any of the matters in dispute or difference. ln the event of
such arbitrator being transferred or vacating his office or refusing
or being unable to act as such for any reason whatsoever, it shall be
open to the Secretary _______________________ to the Government of
Goa to appoint another person in his place. The arbitrator so
appointed shall be entitled to proceed with the reference from the
stage at which it was pending. The arbitrator may, with the consent
of both the parties to these presents, extend the time for making the
award. The award of the arbitrator shall be final and binding on the
parties to these presents. Save as aforesaid, the Arbitration and
Conciliation Act, 1996 (Central Act 26 of 1996) and the rules made
thereunder shall apply to the arbitration proceedings under this
clause.
10
Recovery:
Any sum recoverable from the
Licensee under these presents may be recovered by the Government as
an arrears of land revenue under the provisions of the Goa Land
Revenue Code, 1968 (9 of 1969).
Jurisdiction:
Only the Courts in the State
of Goa shall have jurisdiction to adjudicate on the matters covered
under this Agreement of Leave and Licence.
Costs and charges to be
borne by the Licensee:
That the Licensee shall incur
the costs, charges and expenses on account of the stamp duty and
registration fees payable on these presents.
Other conditions:
The Licensee alone shall
bear and pay the entire charges for consumption of electricity and
water as per meter reading recorded in the electricity/ water meter
in respect of the said premises, and all such other taxes, charges,
levies or impositions as may be charged, levied or imposed by any
competent authority in respect of the activity carried on by the
Licensee in the said premises.
The Licensee shall not
sub-let, mortgage, assign or otherwise transfer or part with
possession of the said premises or any part thereof or create any
interest/ right in respect thereof in favour of any other person.
The Licensee may, with the
prior approval of the Government, for convenient enjoyment of the
said premises, affix, install or put up such temporary partition
and/ or structures and/ or fixtures and/ or fittings within the
said premises as may be necessary without affecting the main
structure of the building and permanent fixtures of the Government
or causing any damage thereto, provided, however, a list of the
same shall be prepared, signed and delivered by the Licensee to the
Government alongwith a duplicate copy and the duplicate copy
thereof duly countersigned by the Government shall be delivered to
the Licensee. Unless otherwise agreed upon in writing, the Licensee
shalt be at liberty to remove the fixtures, electrical fittings,
partitions and structures, as may be installed/ fixed by it, at the
time of delivering the vacant possession of the said premises to
the Government. Provided that, upon removal of such fixtures and
fittings, the Licensee shall repair the surface of the walls
affected due to punching of holes, screws etc. and restore the same
to the condition to which the same were as on the date of signing
of this Agreement of Leave and Licence.
The Government shall not be
responsible for third party claim in respect of any commercial and/
or other dealings of the Licensee in the said premises and that the
Licensee hereby indemnifies the Government in that respect.
The Government shall not be
responsible in any manner whatsoever for any loss or damage caused
to the goods, articles, furniture or any other items stored in the
said premises by the Licensee, without any fault on the part of the
Government.
The Licensee shall not store
in the said premises or cause to be stored or kept any goods things
which are inflammable or injurious to the health or safety of the
human beings.
The original copy of this
Agreement of Leave and Licence shall remain with the Government and
the duplicate thereof with the Licensee.
11
S C H E D U L E
All
that ________________________________________, admeasuring built up
area of ____________ sq. mts., on the _____________ floor of the
______________________, situated in the property surveyed under
Survey No. __________ and Sub-division No. ___________ of Village
_________________/ Chalta No. _________ of P. T. Sheet No.
_________________ of City Survev of _______________, of city of
___________________, within the limits of the Village Panchayat of
_______________________________/ _________________ Municipal Council,
Taluka ____________________________, District _______________________
Goa, State of Goa.
IN
WITNESS WHEREOF the
parties hereto have signed this Agreement of Leave and Licence on the
day, month and year first hereinabove mentioned.
SIGNED,
SEALED AND DELIVERED
BY
Shri ________________________________________
Secretary
( ) to the
Government of Goa,
For
and on behalf of the GOVERNOR OF GOA
__________________________________
SIGNED,
SEALED AND DELIVERED
BY
THE WITHINNAMED LICENSEE,
Shri
____________________________________________
________________________________________________
WITNESSES:
1.
______________________________________________
2.
______________________________________________
