Format - AGREEMENT OF LEAVE AND LICENCE

  

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:

1. 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 10^th 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.

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2. Term:

That the period of leave and licence shall be ____________________ commencing from _______________ day of ____________, 201___ and ending on _____________ day of _______________, 201___.

3. 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.

4. Purpose of leave and licence:

1. The Licensee shall use the said premises exclusively for the purpose of ________________ i.e. for ___________________________________.

2. 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.

5. Maintenance:

That the Licensee shall be bound to maintain the said premises in good condition.

6. 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.

7. 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.

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8. 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.

9. Termination

   1. 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.

   2. 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.

10. 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.

11. 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.

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12. 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).

13. 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.

14. 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.

15. Other conditions:

    1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. The original copy of this Agreement of Leave and Licence shall remain with the Government and the duplicate thereof with the Licensee.

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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. ______________________________________________