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BHUBANESWAR DEVELOPMENT AUTHORITYAKASH SHOVA BUILDING, SACHIVALAYA MARG

BHUBANESWAR-751001

PROCEDURE FORALLOTMENT OF ASSETS

YEAR-2010

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PROCEDURE FOR ALLOTMENT OF ASSET

Continued

CONTENTS

Sl.no. Chapter Page

1 Objective 1

2 Definition 1 - 2

3 Commencement of Scheme 2 - 3

4 Brochure 3 - 5

5 Advertisement 5 - 6

6 Scrutiny of the application 6

7 Allotment Procedure 6 - 8

8 Discretionary Allotment 8 - 9

9 Eligibility Criteria 9 - 10

10 Handing over of Possession 10 - 11

11 Execution of license agreement for officespace/commercial space/shopping units

11

12 Execution of the lease deed 11

13 Third party transfer 11 - 13

14 Cancellation of allotment & eviction 13 - 14

15 Initiation of proceeding under the provisions of ODAAct-14

14

16 No Objection Certificate/permission to mortgage 14 -15

17 Auction of assets through court process 15

18 Intimation to collect the ground rent 15

19 Maintenance of records 16

20 Interpretation 16

21 Repeal and Savings 17



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Continued

Annexure Page

Annexure-1 Provisional allotment letter - House 18 – 20

Annexure-2 Provisional allotment letter - Plot 21 – 22

Annexure-3 Allotment register 23

Annexure-4 Tripartite agreement 24 – 26

Annexure-5 Possession letter - Plot 27

Annexure-6 Possession letter - House 28 – 29

Annexure-7 Lease-cum-sale agreement 30 – 35

Annexure-8 Lease of land for residential purpose 36 – 41

Annexure-9 Lease of land for commercial purpose 42 – 47

Annexure-10 Lease of building with plot/plot for commercial purpose 48 – 54

Annexure-11 Lease-cum-sale deed 55 – 58

Annexure-12 Sale of apartment 59 – 62

Annexure-13 Agreement for license of office space (For institutions) 63 – 69

Annexure-14 Agreement for license of commercial/office space (for individuals) 70 – 76

Annexure-15 Indenture for Sale 77 – 79

Annexure-16 Application form for transfer/change of allotment 80 – 81

Annexure-17 Check list for transfer of assets 82 – 83

Annexure-18 Office order for change of allotment (Before deed) 84 – 85

Annexure-19 Office order for permission for transfer of ownership (After deed) 86

Annexure-20 Office order for change of allotment before deed (Post possession) 87

Annexure-21 Office order for change of allotment/transfer of ownership(Death case)

88

Annexure-22 Checklist for processing N.O.C 89

Annexure-23 Office order for issue of NOC (Before deed) 90

Annexure-24 Office order for issue of NOC (Conditional) 91

Annexure-25 Grant of permission for mortgage 92 – 93

Annexure-26 Record of statement 94



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Annexure Page

Annexure-27 Notice for default 95

Annexure-28 Notice for determination of agreement 96

Annexure-29 Notice requiring allottee to deliver possession of house to BDA 97

Annexure-30 Requisition for initiation of OPP Case 98 – 99

Annexure-31 Initiation of proceeding under Section-91 of ODA Act forunauthorized /additional construction.

100 - 101

Annexure-32 Office order for restoration of asset 102

Annexure-33 Ground rent letter 103

Annexure-34 Application for NOC/permission for mortgage of asset 104-105

Annexure-35 Undertaking for un-authorised construction by the allottee 106

Annexure-36 Property register 107

Annexure-37 Allottee wise collection register 108-109

Annexure-38 Allotment Sub-ledger 110

Annexure-39 Covering letter for sending statement of Account to the allottee 111

Annexure-40 Collection format of rent/electricity/service charges 112

Appendix

Appendix-A Brochure-cum-Application form for auction sale of constructedasset

113-119

Appendix-B Brochure-cum-Application form for auction sale of plot 120-129



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PROCEDURE FOR ALLOTMENT OF ASSETS

BHUBANESWAR DEVELOPMENT AUTHORITY

OBJECTIVE

BDA, in order to translate the objective of the ODA Act, undertakes workspertaining to construction of housing colonies, shopping centres, plotteddevelopment schemes, markets, industrial estates and other infrastructures oflike nature. In order to maintain fairness in the allotment procedure, theAuthority formulates comprehensive guidelines for allotment/disposal of theassets owned/acquired/created and developed by the Authority.

1. This document may be called as the BDA (Procedure for allotment ofAssets) Scheme, 2010. It shall come into force on and from the datespecified by the Authority.

2. DEFINITION

In this Allotment procedure, unless the context otherwise requires:-

a) “Act” means the Orissa Development Authorities Act, 1982;

b) “Allottee” means the person to whom an asset under theseregulations have been allotted in any manner and shall includehis/her legal heirs;

c) “Allotment” means allotment of an asset under these regulations;which includes allotment by way of lottery, auction, or on licensebasis.

d) “Applicant” means a person who has applied for allotment of an assetin a scheme;

e) “Asset” means any plot, house, flat, commercial plot, office space etc;developed by BDA;

f) “Authority” means the Bhubaneswar Development Authorityconstituted under the Orissa Development Authorities Act, 1982;

g) “Family” in respect to the applicant or allottee means the applicant orthe allottee and his/her spouse and minor children.

h) “Form” means forms appended to this Manual or as may beprescribed by the Authority from time to time;

i) “Government” means the Government of Orissa;

j) “Income” means the aggregate income of the applicant/allottee,his/her spouse and minor children from any trade, occupation,business or employment or any other source;



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k) “Licensee” means an allottee in whose favour an asset has beenallotted on monthly or annual rent;

l) Words and expression used in these regulations but not defined,unless repugnant to the context, shall have the same meaning as areassigned to them in the Act, rules and regulations framed thereunder.

3. COMMENCEMENT OF THE SCHEME

3.1 The land section shall identify the land with reference to Master Plan,ROR and other relevant records and shall conduct preliminary surveyand investigation to ensure feasibility of the scheme. Survey reportand investigation record is to be maintained by the land section, in aregister. The register shall reflect the detail particulars of theemployees/ organization/ institution and/or authorized personconducting the survey, the area under survey, location of the landwith reference to the revenue map and the master plan/comprehensive development plan, if any, the provision of roadfacilities, other infrastructural amenities available, the detail of theMouza in which the land situates including the detail of khata No.,plot No., with reference to revenue record and records available inG.A. Deptt., if any, and the aforesaid register shall also containsignature of the heads of the land division. The Register shall be inaccordance with the format prescribed herein under this scheme.

3.1 The Register so prepared with the enclosures therein shall be placedbefore the Vice-Chairman for his approval. The Vice-Chairman, mayapprove the proposal or refer the proposal for further scrutiny by aCommittee constituted by him comprising of responsible officials ofBDA including land, finance, planning, engineering and legal sideand/or other officials/experts from outside. The Committee soformed, if any, shall be required to submit a comprehensive report,which shall be placed before the Vice-Chairman for his consideration.The proposal, if approved, shall be sent to Land Section for action.

3.2 In case the land belongs to departments of Govt. and/or any localauthority and/or instrumentality of Govt., the concerned departmentin Government shall be requested to allot the land for the purpose ofscheme on terms and conditions fixed therein. In case agreed upon,the BDA may take over the possession of the land either on executionof the lease deed or on the basis of transfer of ownership. Awaitingexecution of the lease deed and/or transfer of the ownership, BDAmay take advance possession of the allotted property in order to avoiddelay in execution of the scheme. For this purpose, BDA may enterinto any understandings on such terms and conditions as required inthe interest of the scheme. In case, private lands are to be acquired,the concerned department in Govt. may be required to proceed forland acquisition in accordance with the provisions of land acquisitionAct and Rules framed there under and shall hand over the land toBDA for its use. BDA may acquire the property in accordance with



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Section-74 of O.D.A Act or in course of execution of town planningscheme and may utilize such property or part of such property for thepurpose of a specified scheme.

3.3 After taking over physical possession of the land by BDA, theEngineering Section and/or Planning Section as the case may be,shall prepare the necessary sub-divisional lay out, detail of designand drawing of any structure, if any, to be constructed. The said layout shall be placed before the Vice-Chairman for approval. The Vice-Chairman may approve the proposal on such modification/modifications as he deems fit and/or may refer the same for scrutinyand approval of any “committee” constituted under the buildingregulation and/or the authority as the case may be.

3.4 On approval of the lay out drawing and design thereof, the proposalmay be placed in the finance division for cost estimate. The costestimate, if any, shall be tentative and subject to escalation. TheFinance Division may take necessary advice/suggestion from otherconcerned divisions, if it feels so, in order to arrive at cost estimateand the viability of the project. The detail of the report furnished bythe Finance Section shall once again be submitted before the Vice-Chairman. The Vice-Chairman on such modifications may refer toplace the proposal for approval of the Authority. The proposal onceapproved shall be sent to Allotment Section for preparation ofBrochure.

4. BROCHURE

4.1 The Allotment Officer shall be competent to prepare the draftbrochure within the time prescribed by the Vice-Chairman. The draftbrochure shall be placed before the brochure committee framed bythe Vice-Chairman comprising of such officer/officers of the authorityand/or the officers of the other departments having expertise to aidand advice to formulate the conditions of the brochure. The Vice-Chairman may also nominate any of the outsiders having sufficientexpertise in connection with the formulation of the brochure. Thecommittee shall scrutinize the draft format of the brochure preparedby the allotment officer and may suggest suchmodification/modifications, if any, required for the purpose to ensuresmooth execution of the scheme and allotment procedure.

4.2 The draft brochure so prepared shall be presented before the Vice-Chairman for approval. The Vice-Chairman may require vettingthrough legal department/legal consultant, if any, and may modifythe draft brochure so suggested by the Committee. The draftbrochure shall be placed before the authority for approval. Theauthority may accord approval of the brochure on suchmodifications, additions, and alterations, if any. The decision of theauthority shall be final for all purposes.



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4.3 The brochure so prepared may specify the following amongst othersspecifications. However, the specification prescribed hereunder is forthe purpose of guidance only and absence/variation of any of suchconditions specified hereunder shall not invalidate the brochure. Thebrochure so prepared shall be the guiding rule so far as theparticular scheme is concerned.

4.4 The Brochure shall be in conformity with the Scheme and anycondition of the brochure, in case, it runs contrary to the schemeframed, shall be construed inoperative and the provision of thescheme shall prevail.

a) Introduction

b) Location of the scheme along with the site map. It shall alsomention distance of the site from important land marks.

c) Scheme details comprising of:

§ Type and number of assets covered by the scheme.

§ Common facilities such as approach road, water supply andsewerage, community centers, parks and other commonfacilities.

§ Special features relating to construction and safety aspect.

§ Layout drawings, with detailed land use analysis.

§ Land allotment order.

§ The scheme details such as costing, land details, amountpayable, and mode of payment to be computerized by therelevant divisions.

d) Application procedure including mode and time limit for depositof EMD.

e) Last date for receipt of completed applications along with EMDand relevant documents.

f) Mode of receipt of applications.

g) Eligibility criteria for allotment

h) Reservation for various categories of applicants.

i) Withdrawal/ cancellation/ rejection of application andconsequence thereof including refund of EMD.

j) Modalities of allotment

k) Modalities regarding handing over of possession.

l) Modalities regarding execution of sale/lease cum sale agreement



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m) Ownership

n) Pricing under various options i.e. out right purchase andinstallment payment, wherever applicable, giving detailsregarding each installment and penal interest etc. to be chargedin case of default.

o) General conditions.

p) Application form

q) Format of declaration to be signed by the applicant

r) Format of affidavit to be furnished by the applicant

s) Watch and ward expenses to be recovered in case the allotteedoes not take possession within due date.

t) Service charges to be paid by allottees for the purpose ofmaintenance of common amenities and its duration.

u) Such other terms and conditions, eligibility criteria,undertakings, if any, decided and approved by the authority.

5. ADVERTISEMENT

5.1 On due approval of the Vice-Chairman, necessary advertisement maybe floated inviting application from the public at least in two localvernacular and one national English language daily having widecirculation in the State and nationwide. The Vice-Chairman may alsorefer to float the advertisement in any other media if according to himit is necessary in the interest of the public.

5.2 The advertisement may also specify the website requiring the allotteesto refer to the information available therein.

5.3 The advertisement may in brief specify the following information.

1) Short description of the scheme.

2) Location and description of the site situation.

3) Brief description of the assets to be developed in the scheme.

4) Mode of obtaining brochure and application

5) Last date and mode of submission

6) Eligibility criteria of the applicants

7) Any other conditions require to be specified in the advertisementfor grater interest of the public and applicant

8) Website reference, if any.



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5.4 The last date of advertisement shall be deemed as the date of closureof the scheme for the purpose of the allotment of assets to be madeunder the scheme, unless the period is extended further in a noticemade in the manner prescribed under clause-5.1

6. SCRUTINY OF THE APPLICATION

The Vice-Chairman may constitute a “scrutiny committee” comprising ofthe officials of the BDA of which the “allotment officers” shall be theconvener. The scrutiny committee shall ensure scrutiny of applicationsreceived and applications rejected. The list so prepared shall be placedbefore Vice-Chairman for final approval. In order to systematize theactivities, computer and compute generated system may be adhered to. Aregister with comprehensive details should also be prepared so that anyfailure in electronic system may not affect the information available in theBDA.

7. ALLOTMENT PROCEDURE

7.1 The allotment shall be made either through lottery or on auctionbasis as per the decision of the Authority. The procedures ofallotment through lottery are enumerated hereunder. The procedurefor auction of assets is given separately in the form of Brochures-cum-application form for both the constructed assets and plots ofland at Appendix-A and B respectively.

7.2 The Vice-Chairman, for the aforesaid purpose shall constitute a“Lottery Committee” comprising of the responsible officers of the BDAincluding him and/or others.

7.3 In case the valid applications are less than the assets available, theauthority shall hold lottery for the purpose of allotment of specificassets only. In case the applications are more than the availableassets, the allottees shall be selected through a lottery to beconducted in the manner prescribed hereunder.

7.4 The selected allottees shall also be distributed the asset no. througha lottery.

7.5 The date and venue of the lottery shall be notified in the newspaperrequiring the applicants or his/her agent to be present andparticipate in the selection process. The authority may invite suchother reputed person and/or persons of the locality who shall remainpresent along with the members of the allotment committee to ensurefairness in the selection process.

7.6 The lotteries drawn shall be separate for separate class of allotments,if any. Any assets with additional advantages may be treated asseparate class of assets for the aforesaid purpose.



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7.7 The applicants who desire to avail the benefit of allotment underdiscretionary quotas shall be an applicant in respect of allotment ofgeneral category and assets pursuant to the advertisement made inthe manner prescribed. In case they remain unsuccessful, they shallbe considered for preferential allotment subject to fulfilling therequired criteria/process of selection and/or decision of theauthority, as the case may be. Any applicant who did not applypursuant to the advertisement referred to supra shall not be eligiblefor consideration of allotment under discretionary quota.

7.8 After selection of the list of allottees, provisional allotment letter(Anexure-1 & 2) shall be sent through Regd. Post/Speed Post aswill be suitable, in the address furnished in the application form. Theprovisional allotment shall specify such condition/conditionsincluding payment of escalation cost, if any, and/or provision forpayment of escalation at the time of final allotment made. Theallottees shall be bound by the conditions specified in the provisionalallotments.

7.9 The authority shall maintain a “special allotment register”,(Annexure-3) scheme wise, which shall provide the detail ofinformation in respect of each individual allotment made to allottees.As far as practicable, the computerized system shall be resorted tofor proper maintenance and information use.

7.10 Consequent upon the provisional allotment made, allottees may berequired to deposit the consideration amount within a time stipulatedtherein, on deduction of the application/earnest money deposited.The allottee may deposit the total amount on arrangement from hisown sources or may request the authority to avail bank loan, in casehe or she desires and in that event, the allottee or financer shall haveto execute tripartite agreement (Annexure-4) in the formatprescribed here under the scheme.

7.11 In case the allottee fails to deposit the amount within the timestipulated, the allotment is liable to be cancelled and the EMDforfeited. However, Vice-Chairman may allow reasonable extension oftime not exceeding six months on the request of the allottee, at hissole discretion. In this case, the allottee shall be required to payinterest at the rate to be fixed by authority and referred to in thebrochure. The application for extension shall be addressed to the“Allotment Officer”. Submission of application shall not if so facto betreated to have been allowed unless made so in writing within. Theextension time period for payment shall not be treated as a matter ofright. The BDA reserves the right to consider these applications insuitable and proper cases. The extension of time shall be allowed byVice-Chairman at his sole and unchallenged discretion.



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7.12 In case the scheme requires two stage allotment process followed bya final allotment letter on terms and conditions fixed therein, it shallfollow the same sequence as has been referred to in clause-7.13.

7.13 In case the project involves constructions of structures, the brochureso published may specify the period of completion of the constructionand consequential handing over of the same after completion of theconstructions. The BDA shall strive to comply with the same withinthe time stipulated. In case of any delay in completion ofconstruction, it shall entitle the allottee interest accrued upon theamount deposited at the rate specified in the brochure. However, incase of any default by allottee in payment of the amount, if any,either in installments or in lump sum as specified in the provisionalallotment letter, it shall not entitle the allottee such benefit ofinterest. However, BDA shall have the right to extent the period ofcompletion of the project in case the contingencies compel to do so inform of “force majeure” or situations beyond its control.

7.14 In case of any default in payment of the amount in terms specified inprovisional allotment or in the final allotment even after the expiry ofthe period of extension shall entitle the BDA to cancel the allotmenton forfeiture of the EMD. But, however, any amount deposited overand above the EMD, shall be refunded to the concerned allottee onsubmission of the challan and/or on submission of necessary receiptof such payment and in such event, BDA is not liable to pay anyinterest accrued upon the said amount.

8. DISCRETIONARY ALLOTMENT

8.1 The discretionary quota will be allotted in deserving cases on genuinecompassionate grounds. Discretionary quota shall not exceed 10% ofthe asset under allotment specified in the advertisement. In case ofassets comprising of different classes, the percentage shall be carvedout in respect of distinct classes of assets.

8.2 The discretionary allotments shall be made only to those applicantswho submitted their application pursuant to the advertisement madeand remained unsuccessful in lottery. The applicant requiringdiscretionary allotments should specify their options with supporteddocuments to be enclosed in the application in respect of theirclaims. A detailed list of such application praying for discretionaryallotments shall be prepared separately. The applicants, who remainsuccessful in lottery in respect of general lot, shall not be entitled tobe considered under discretionary quota in spite of their prayer madein the application. The remaining applicant in the list shall beconsidered under the discretionary quota.

8.3 The authority is competent and authorized to approve and sanctionallotments under discretion in consideration of the individualapplications. For the aforesaid purpose, the authority may specify themodalities to be followed in respect of individual schemes. The



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following categories of persons are to be considered for allotmentunder discretionary quota.

1) Dependent of a person who has made supreme sacrifice for thenation, but has not been properly rehabilitated so far.

2) Member of a family, which has been a victim of unforeseencircumstances, like terrorist attack, earthquake, floods etc.

3) Physically handicapped person.

4) Defense/ paramilitary/ police personnel/ other central/ StateGovernment employees, who are permanently disabled on duty.

5) Immediate next of kin, namely, widow, parents, children of thosewho lost their lives in abnormal circumstances.

6) Eminent professionals like outstanding sportsmen, musicians,litterateurs etc. and women of high achievements, in distress.

7) Individual cases of extreme hardship, which in the opinion ofAuthority are extremely compassionate and deserve sympatheticconsideration in view of the special circumstances of the case atthe given time.

8) The serving, retiring and retired govt. servants andconstitutional functionaries who did not have any land orbuilding within the jurisdiction of the authority but desire tosettle within its jurisdiction.

9) Any other deserving cases which to the conscience of theauthority need sympathetic consideration.

8.4. The Authority shall subscribe its reason to justify discretionaryallotment in respect of individual cases.

8.5. Any cancellation made under the discretionary quota shall beconsidered for re-allotment under the said quota only. No exchangeof asset specified under the quota will be permitted in anycircumstances.

9. ELIGIBILITY CRITERIA

9.1 Must be citizen of India

9.2 Must be a major.

9.3 In case of minor child, the natural parents, de facto guardian orguardians appointed by the competent court shall be eligible toapply.

9.4 One family shall be eligible for only one allotment under one housingscheme. For the purpose, “family” comprises of husband, wife &minor children.



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9.5 One family shall be eligible for one allotment only under any one ofthe housing schemes floated by BDA. But, however, such allotmentshall not preclude any member of the family to avail allotmentsunder commercial projects and/or allotments made through auction.

9.6 Any family purchasing a plot/house under any scheme floated byBDA under third party transfer shall be deemed as an allottee undera scheme and shall not be eligible to apply under any other housingscheme floated/to be floated by BDA.

9.7 In case of transfer or allotment of a residential plot or a house madeby the BDA, it shall not entitle the family for further allotment.

9.8 Any cancellation of allotment for non-payment of dues of BDA, it shallbe deemed as an allotment and accordingly the family shall not beentitled to any further allotment under any other Scheme.

9.9 Any allotment made but cancelled due to suppression of facts shallnot entitle the “family” for any further allotment under any otherscheme.

10. HANDING OVER OF POSSESSION

10.1 Possession letters (Annnexure-5 & 6) shall be issued to the allotteeafter clearance of all dues by the allottees including interest, penalinterest, energy charges, watch and ward and other dues, if any, asper the brochure condition.

10.2 The letters shall be issued through Regd. post in the addressfurnished by the allottee in the application form. However, theallottee may inform BDA about change of address, if any, by aregistered letter with reference to his registration No. before 30 daysand the BDA shall refer to such address on and from the date theaddress is entered in the concerned Register. The latter’s change ofaddress shall be addressed to the allotment officer.

10.3 The allottee shall ensure taking over possession on the date fixed inthe possession letter. In case of any delay, it shall entitle BDA toimpose watch and ward charges to be calculated till the date oftaking over possession.

10.4 The authority shall stipulate the condition for payment of pubicamenity charges, for street light, energy used for public amenities,water supply and other misc. services rendered to the allottee till thescheme is handed over to the local body and/or the house isassessed to holding taxes imposed by the local body, which ever isearlier. The charges shall be levied on and from the date of takingover possession stipulated in the possession letter irrespective of anycontingencies including the reason of not taking over possession ofthe properties.



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10.5 In case possession is not taken over within 6 months of issuance ofpossession letter, the authority reserves the right to cancel suchallotment on such terms and conditions fixed by the authority inconsideration of the scope and provision of the concerned scheme.

11. EXECUTION OF LICENSE AGREEMENT FOR OFFICE SPACE/COMMERCIAL SPACE / SHOPPING UNITS

11.1 If it is decided by the Authority to allot the assets in favour ofbeneficiaries/allottees on long term instalment basis from aparticular scheme, after deposit of EMD the allottee is required toexecute the Lease-cum-Sale Deed which is in Annexure-7. Thepossession of the asset will be delivered to the allottee only afterexecution of such agreement.

11.2 If the Authority decide to let out the office space either in favour of anindividual or an institution, after deposit of the required advancelicense fee/rent the agreement in Annexure-13 will be executedwith the license. The possession of the office space will be deliveredafter execution of such agreement.

11.3 Similarly, at the time of letting out of shop the license has to executean agreement before delivery of possession. The model agreement isin Annexure-14.

12. EXECUTION OF THE LEASE DEED

12.1A Lease deed shall be executed in favour of the allottees within threemonths of the execution of the lease deed by the Government inconcerned department. The draft format of the lease deed(Annexure - 8, 9, 10, 11 & 12) is prescribed in the Scheme. Theauthority however reserves the right to add, alter or modify the termsand conditions of the lease deed keeping in view the interest of theauthority and objective of the scheme concerned. The reference of thelease deed in gist shall be entered in the concerned allotment registerfor future reference.

12.2Parties to the lease deed are bound by the terms and conditions ofthe lease deed for all purposes. But, however, the conditions of thelease, if runs contrary to the lease executed in favour of the BDA bythe Govt. in concerned department, shall over ride any of suchconditions of lease executed in favour of the allottee.

13. THIRD PARTY TRANSFER

13.1 An allottee shall be eligible to transfer the asset only after three yearsfrom the date of handing over of physical possession. In case ofassets allotted under Discretionary quota, it can be transferred onlyafter five years of taking possession.



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Provided that if the allottee is in dire need of money, he cansurrender the asset to BDA at the cost price plus interest @ 5% perannum within the time prescribed for the third party transfer at thesole and absolute discretion of the Vice Chairman.

13.2 In case an eligible allottee desires to transfer an asset, he/she shallapply for such transfer in the prescribed format (Annexure-16),which shall be accompanied with evidence in support of payment ofthe prescribed fees. After receiving the application the concernedallotment section will process the matter after due checking thedocuments which shall be delineated in the checklist (Annexure-17). The statement of allottee/transferer will be recorded by theAllotment officer or any other officer authorized by the Authority fromtime to time for such work. The model format is in Annexure-26.The format of permission order for third party transfer is prescribedherein the Scheme (Annexure-18, 19 & 20).

After permission of the transfer the allottee/transferer and transfereeshall have to execute a tripartite agreement/Indenture for sale withBDA in format (Annexure-15).

13.3 Consequent upon death of any allottee, the mutation of the allotmentfor the assets may be allowed in favour of the legal heirs on theapplication being made by them. No application money or processingfee shall be charged for such mutation. The applicants shall berequired to cause notice inviting objection published in one widelycirculated Oriya local daily. The objection received, if any, shall bedealt in accordance with law. In case no objection is received, theapplication for mutation shall be allowed and the record shall becorrected accordingly in the name of the legal heirs. The legal heirsshall be bound by all consequences arising out of the subject matterunder allotment in their favour.

13.4 The transfer shall not be entertained unless the full due relating tothe asset, including interest and penal interest, if any, are clearedup. The transferee shall also give undertaking to clear up arrears ofland revenue, electricity charges and other statutory dues, if any,found due in future in respect of the subject matter under transfer.The transferee shall also give an undertaking that he shall be boundby the terms of the lease executed in favour of the transferor andshall use the asset for the purpose, for which it was allotted. Themodel form of mutation order is in Annexure-21.

13.5 The transferor shall be required to submit clearance/no objectioncertificate from the concerned financial institutions in case theproperty stands at security for the purpose of loan availed.

13.6 BDA shall also cause a notice to the concerned financial institutioninviting their reaction within 30 days in connection with theapplication for transfer of such assets stood as security consequent



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upon NOC/Tripartite agreement executed by BDA. In case, noreaction is received within 30 days, the BDA shall proceed forconsideration of application for transfer. Any objection by thefinancial institution, if any received, shall be communicated to thetransferor for compliance within 30 days hence or otherwise theapplication for transfer shall be rejected on a written order to becommunicated to all the parties.

14. CANCELLATION OF ALLOTMENT & EVICTION

14.1Cancellation of an allotment may be made in the followingcircumstances:

a) Default in payment dues.

b) Non-taking of possession within the prescribed time.

c) Use of the asset for purposes other than purpose for which itwas allotted.

d) Violation of any terms & conditions of the lease agreement/deed.

e) Undertaking unauthorized construction over the asset deviationfrom the plan of the scheme and/or norms of the BDA Planningand Building Standards Regulations as applicable at the time.

14.2In case of default in dues, cancellation procedure shall be started asfollows:

§ In case of default in payment of installment after default inpayment of two installments.

§ In case of default in payment of rent after default in payment oftwo installments.

§ In case of default in payment of rent after default in payment ofthree months rent.

14.3The Allotment Officer shall issue a show-cause notice (Annexure-27& 28) for cancellation assigning reason therein and requiring theallottee to submit the show cause within a period specified in thenotice. In case no show cause is received, BDA shall issuecancellation letter (Annexure-29). In the event of receipt of showcause, the Allotment Officer shall consider the same and pass areasoned order either affirming cancellation or rejecting the same.This order shall be approved by the Vice-Chairman. The decisionthereof shall be communicated to the allottee as well as theconcerned Section for compliance within the time stipulated by theVice-Chairman.

14.4In case a cancellation order is passed, the allottee shall be required tovacate the asset within the time stipulated in the notice to be issued



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in the format prescribed herein the scheme. Eviction proceedingsshall be instituted by the Estate Officer in case of non-compliance ofthe notice referred to above and after receipt of the requisition fromthe allotment branch (Annexure-30). The Estate Officer shallproceed in accordance with law to ensure eviction through an officerdeputed by the BDA.

14.5If the person to be evicted, resists or obstructs the officer or employeedeputed for eviction or if he re-occupies the assets after eviction, theAuthority shall prosecute him under Section-188 of the Indian PenalCode.

14.6The order of cancellation shall be recorded in the concerned Registermaintained for the purpose.

14.7After cancellation of allotment/determination of agreement if the Ex-allottee will deposit the outstanding dues with all other applicablepenal dues, the Authority may consider his/her request basing uponthe prevailing procedure for restoration of such allotment/agreement.The model format of restoration order is in Annexure-32.

15. INITIATION OF PROCEEDINGS UNDER THE PROVISIONS OF ODAACT.

15.1 At the time of consideration of NOC/permission to mortgage, if theallottee has no approved plan as per actual construction at site,he/she has to deposit the security money and undertaking in shapeof affidavit (Annexure-35) to the effect that he/she will abide by thedecision of the Authority for such construction.

15.2 Similarly, if the allottee has no approved planas per actualconstruction at site, for consideration of his/her request to changethe allotment / permission to transfer he/she has to deposit thesecurity money as will be decided by the Authority from time to timeand undertaking in shape of affidavit (Annexure-35) from theintending transferee to the effect that the intending transferee shallabide by the decision of the Authority for such construction.

15.3 After deposit of the security money and affidavit the allotment branchwill request the Enforcement Section for initiation of proceedingunder Section-91 of ODA Act. The format of petition is in Annexure-31.

16. NO OBJECTION CERTIFICATE (NOC)/PERMISSION TO MORTAGE

16.1 No objection certificate (NOC) shall be issued to the allottee whowishes to mortgage the assets for securing financial assistance fromBanks, Financial Institutions etc. either before or after execution oflease deed.



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16.2Allottees desired of obtaining NOC shall apply in the prescribedformat (Annexure-34) specified in the scheme on payment ofprescribed fees decided by the authorities from time to time.

16.3The Allotment Branch shall send the application alongwith theconcerned file to the Land Section who after spot verifications shallgive clearance to the Allotment Branch to issue NOC.

16.4On receipt of clearance from the land Section, the allotment Branchshall check all the documents required for the purposes in checklist(Annexure-22). Then the allotment branch shall issue NOC to theallottee in the format Annexure-23.

16.5Conditional NOC will be issued to the defaulter installment allotteessubject to the condition that:

i) Bank will intimate in writing that the loan amount will bereleased direct to BDA

ii) Tripartite agreement will be executed by BDA with the allotteeand the Bank/financing institution (Annexure-4).

The format for NOC is in Annexure-24.

16.6 Prior to execution of lease deed, an allottee can avail loan NOC afterexecution of tripartite agreement.

16.7 If the lease/ lease-cum-sale deed has been executed in such casesthe Authority shall accord the permission in favour of the allottee tomortgage the allotted asset for availing the loan, the procedureapplicable in case of NOC shall be attended by the allotment branch.The permission letter is in Annexure-25.

17. AUCTION OF ASSETS THROUGH COURT PROCESS

In case of any default of payment of dues, the financial agency mayproceed for attachment/auction of the property in accordance with lawgoverning the field. In such even, the concerned bank shall require toapply for necessary permission for transfer of the secured assets in favourof the auction purchaser on payment of such due/dues as is applicable incase of third party transfer. Permission shall only be accorded afterclearance of all the dues payable to the BDA. BDA reserves the right notto accord such permission in case of non-payment of dues payable to theAuthority. The BDA shall have the right to recover its dues in respect ofsuch properties in accordance with procedure prescribed under the ODAAct, Rules and the scheme framed herein.

18. INTIMATION TO COLLECT THE GROUND RENT

As per terms & conditions of agreement/lease/lease-cum-sale deed theallottee is required to deposit the ground rent with concerned revenue



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Inspector who requires an intimation from BDA to receive such rent fromthe allottee. The model form of intimation is in Annexure-33.

19. MAINTENANCE OF RECORDS

19.1 Property Register :

Property register for built property in the format specified inAnnexure-36, shall be maintained by the Allotment Branch.

19.2 Allottee wise collection Register :

Allottee wise collection register shall be maintained giving theparticulars of the payments made by the individual allottees and theamount due from them. The payments made by the allottees shall berecorded from the copy of the bank challan that is received by theAllotment Branch. The format of the allottee register is given inAnnexure-37. In case of default in payment, interest at the rate ofcurrent PLR plus 2% shall be charged.

19.3 Allotment Sub-Ledger :

The Allotment Branch shall maintain an allotment sub ledgershowing the status of all properties in the format given inAnnexure-38. The sub Ledger shall be updated for any futuretransfer/ cancellation of the allotment.

19.4 Party Confirmation :

Every quarter account statement in the format given inAnnexure-37 shall be sent to all allottees along with covering letterin the format given in Annexure-39 for their confirmation. In case ofany objection raised by the allottees regarding the facts mentioned inthe confirmation, the same should be confirmed and if necessaryrectified within seven days for receipt of objection.

19.5 Rent/Electricity/Service Charges :

Separate register shall be maintained in the format given inAnnexure-40 for collection of rent/electricity/service charges incase of assets given on lease.

19.6 Every quarter ending 30th June, 30th September, 31st December and31st March, the party wise balances appearing in the allottee wisecollection register (Annexure-37) shall be reconciled with the partywise collection sub-ledger maintained by the Finance Division asmentioned in Clause-19.3 of this manual.

20. INTERPRETATION



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If any question arises relating to interpretation of any of the provisions ofthe scheme, the interpretation of Vice-Chairman is final and binding. Ifthe Vice-Chairman feels, he can refer the same to the Authority fordecision.

21. REPEAL AND SAVINGS

Any decision of the authority in connection with the allotment and/ororders passed by any of the officers of the Authority specifying any criteriafor allotment of assets are hereby repealed.

Provided that any allotment made or action taken pursuant to suchdecision of the authority and/or under the orders of officers of theAuthority shall be deemed to have been made or taken under theprovision of the scheme and the said decisions/actions/orders shall notbe reopened consequent upon the enforcement of the scheme.



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Annexure-1

BHUBANESWAR DEVELOPMENT AUTHORITYBHUBANESWAR

No.________/BDA, Bhubaneswar, date__________

To ______________________________ ______________________________ ______________________________

Sub: Allotment of House No._______________ under ___________________________________________________________________________________ Scheme.

Sir,

With reference to the above subject, I am to say that you have beenallotted House No.________________ under ____________________________________________________________________________________ Scheme with total cost of theasset amounting to Rs._______________/- (Rupees __________________________________________________________ only). After deposit of total cost of house youwill be intimated for taking over of possession. The allotment of house is underthe following terms and conditions.

Terms and conditions :

1. The asset shall be allotted on “As is where is basis”.

2. The asset shall be allotted on lease.

3. The allottee shall pay all rents, taxes, cessess and other outgoing payablein respect of the apartment to the state and central Govt., BhubaneswarMunicipal Corporation and other local or public authority.

4. The allottee shall not, without the prior written permission of the BDA,use the apartment/House for any purpose other than the residential use.

5. The allottee shall not have right to transfer by way of sale, gift, mortgageor assignment or sub-let or otherwise part with the possession of thewhole or any part of the said apartment/house without obtaining theprior written approval of the Vice-Chairman, BDA who has beenauthorized to accord such permission vide G.A. Department orderNo.6526/CA dated.21.6.86

6. In the event of transfer being made without obtaining the prior writtenapproval of the Vice-Chairman, Bhubaneswar Development Authority,such transfer shall be void and not binding to BDA in any manner. The



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possession of the apartment/ house so allotted shall be deemed to beillegal and unauthorized and cancelled.

Provided further that the allottee may after expiry of five years from thedate his/her possession, request the BDA in writing to transfer the assetand such transfer shall be made only after written permission granted onsuch terms and conditions as fixed there in the permission.

7. That the allottee shall not erect or build or permit to erect or build on theapartment/house other than that hereby sold, nor make addition oralteration to the existing building at any time except with the writtenpermission of the BDA.

8. The allottee shall not do any act or cause any act to be done on the saidapartment which is likely to cause nuisance or disparagement, annoyanceor inconvenience to the BDA or to any other person(s).

9. The BDA shall not be responsible for any damage to the apartment causedby natural calamities like flood, earthquake, cyclones, or any other act ofGod and explosion fire, riots etc.

10. The allottee shall abide by all conditions as per the provisions of theOrissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984).

11. The allottee shall abide by all rules, regulations and by laws and otherorders/directions that may be issued by Bhubaneswar DevelopmentAuthority in pursuance of the provision contained in the OrissaDevelopment Authorities Act-1982 and (also in) the Orissa ApartmentOwnership Act-1982 (Orissa Act-1 of 1984) and rules made there underso also the local, Municipal and Central Laws applicable in the context.

After taking over of possession, BDA will not take up any repair, additionor alternation work.

12. The allottee shall furnish the undertaking of “satisfaction” in the formatprovided by BDA before taking over possession of asset and any complaintthereafter in any respect shall not be entertained. The allottee, ifdissatisfied with quality of work of construction, shall have option tosurrender the allotment, and in such event, the BDA shall refund theamount deposited without interest subject to submission of necessarypapers required by the office in support of payment of the amount.Provided, however, that such option shall be available to the allottee for aperiod of three months only from the date of issuance of letter by the BDArequiring to take over possession of the apartment/house. Any requestmade/application submitted there after shall not be entertained anddeemed rejected. All such application/request shall be addressed to“Secretary” BDA and should be sent through Regd. Post or may besubmitted in the office on due acknowledgement.

13. The allottee shall not use the asset for storage or sale of explosive, arms,alcoholic, beverages, narcotic items, meat, fish, egg etc.



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14. Possession of the asset shall be taken within six month from receiving theintimation from BDA. Otherwise, the allotment will be cancelled and theamount deposited will be returned back without interest.

15. The allottee will abide by the terms and conditions of the brochurescheme and lease deed and instructions of BDA issued from time to time.

Yours faithfully

Allotment Officer



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Annexure-2


No.________/BDA, Bhubaneswar, date __________

To ______________________________ ______________________________ ______________________________

Sub: Allotment of Plot No.____________ under ________________________ Scheme- for residential.

Sir,

With reference to the above subject, I am to say that you have beenallotted Plot No._________________ under ______________________________________Scheme with total cost of the asset amounting to Rs.________________/-(Rupees_____________________________________________ only). After deposit of total costof the plot, you will be intimated for taking over possession. The allotment ofplot is under the following terms and conditions.

Terms and conditions:

1. The asset shall be allotted on “As is where is basis”.

2. The asset shall be allotted on “lease” basis.

3. The allottee shall not, without the prior written permission of the BDA,use the property for any purpose other than the use for which it isallotted.

4. The allottee shall not assign transfer on sale, gift or mortgage or sub-let orpart with the possession of the whole or any part of the asset without theprior written permission of the BDA. All such unauthorized transfer,assignment shall be void and BDA shall not be bound by anyconsequences arising out of such transaction and shall have the right tore-enter/repossess the allotted property as being the “ Lessor”.

5. The allottee shall not make any additions or alternations to the existingstructure without obtaining the prior written permission of the BDA andwithout complying the statutory provisions of the Orissa DevelopmentAuthority Act., rules and regulations framed there under withmodification made from time to time.



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6. The allottee shall not do any act or cause any act to be done on the saidasset which may or is likely to cause nuisance and dispar or disparagemeant and/or annoyance and/or inconvenience to BDA or to otherpersons.

7. All mines, mineral products, buried treasure, coal, petroleum, oil andquarries whatsoever under or within the premises shall be the asset of theGovernor of Orissa.

8. The allottee shall abide by all conditions as per the provisions of theOrissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984) andamendment, if any, made from time to time.

9. The allottee shall (other-wise) abide by all rules, regulations and by lawsand other orders/directions that may be issued by the BhubaneswarDevelopment Authority in pursuance of the provisions contained in theOrissa Development Authorities Act, 1982 and (also in) the OrissaApartment Ownership Act-1982 (Orissa Act-1 of 1984) and rules madethere under so also the local, municipal and Central Laws applicable inthe context.

10. The BDA shall not be responsible for any damage to the propertyoccasioned due to natural calamities like flood, earthquake, cycloneand/or act(s) of same nature.

11. The allottee should not use the asset for storage or sale of explosive, arms,alcoholic beverage, narcotic items, meat, fish, eggs etc. and/or goods/services prohibited under Law.

12. Possession of asset should be taken up within six months from receivingthe intimation from BDA, and constructions shall be completed within5(five) years of allotment. Otherwise, the allotment will be cancelled, assettaken back by the BDA and deposited amount will be returned back byBDA without interest.

13. The allottee will abide by the terms and conditions of the brochurescheme as well as agreement/lease deed and instructions issued fromtime to time.

Yours faithfully

Allotment Officer



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Annexure-3LLOTMENT REGISTER FOR LAND/FLAT

Sl.No.

Name of theApplicant

Regd.No.

AssetType

AssetNo.

AssetSpecification

Cost ofthe Asset

Mode ofPayment

Date ofDeposit

Amount(Rs.)

BalanceOutstanding

Remarks



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Annexure-4

TRIPARTITE AGREEMENT

THIS INDENTURE OF AGREEMENT made on this the day of ______________________________, 20_____ (Two Thousand _______________________).

AMONG

___________________________________ aged about _________ years, Son/wifeof _________________________________________ resident of ______________________________________________ hereinafter called as Borrower (which expression shallunless excluded by or repugnant to the context be deemed to include his/herheirs, executors, administrators and legal representative) of the First Part.

AND The_______________________________________________________________ Bank___________________________________________________called as the Financier,(which expression unless repugnant to the context shall include its successorsand assigns), of the party of the SECOND PART.

AND

BHUBANESWAR DEVELOPMENT AUTHORITY, having its registered officeat Akash Sobha Building, Sachivalaya Marg, Bhubaneswar, Dist.-Khurdarepresented through its Vice-Chairman/Secretary/Authorised official hereinafter called as the Authority of the Party of the THIRD PART.

AND WHEREAS

The Primary objective of the Authority (Party of the third part) is topromote and secure the development of schemes introduced by it according tothe plan and for their purpose of development, authority undertakes differenthousing/ commercial/ plots/ complex/ apartment/ houses for residential/commercial purposes.

AND WHEREAS

The development authority, party of third part vide its letter No __________dated ______________ and letter No ____________ dated ______________ allotted apiece and parcel of land/shop/complex/residential/commercial complex/apartments/house bearing individual No.__________________________ measuringAc..________________ in the ______________________area ( herein after referred toas the scheme property) for a total consideration of Rs._____________/- (Rupees______________________________________only) in favour of the borrower (Party ofthe first part) on the terms and conditions stipulated therein.

AND WHEREAS



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Under and in consideration of the allotment letter, the borrower has madeover total payment of Rs._____________ to the authority towards allotment ofthe said schedule property.

AND WHEREAS

The execution of lease-cum-sale deed/lease deed is delayed due to thereason beyond the control of the authority.

AND WHEREAS

The borrower approached the party of the second part, the financier toavail a loan for the purpose of payment of _________ and in consideration of theapproach made by the borrower, the financier/bank agreed to finance a loan.

AND WHEREAS

The borrower as well as the financier approached BhubaneswarDevelopment Authority to enter into a tripartite agreement in order to ensuresubmission of the lease –cum- sale deed in favour of financier (Party of thesecond Part) on behalf of the borrower collateral security/equitablemortgage/assignment or which ever terms it may mean and include the same.

Therefore, it is hereby agreed by between and among the parties hereto asfollows:-

1. The Development Authority undertakes to convey an unencumbered, clearand marketable title by way of registered lease/conveyance deed to theborrower.

2. The borrower agrees and authorizes the development authority to note thecharges in favour of the financier on the said schedule property in theirrecords as a security against the loan financed by the Borrower subject tofurther terms morefully specified hereunder & further agrees to send theRegd. Lease Deed/Conveyance deed directly to the bank (Party of theSecond Part).

3. Where NOC is issued for repayment of dues of BDA, the Bank shoulddisburse the sanctioned loan amount to BDA directly for on behalf of theborrower.

4. The borrower and the Authority further agrees that they will not allow anykind of transfer of the said land by way of sale, gift, mortgage duringsubsisting loan period without the prior consent of the Bank and furtherno person would acquire any title thereof so long as the borrower isindebted to the Bank and/or has not obtained a certificate/ undertaking/clearance in respect of liquidation/discharge/further charge from thefinancier not withstanding any thing as stated above in para-3, anyresumption in violation of the lease terms shall vest the scheduleproperty upon the Authority free from encumbrances.



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5. The Bubaneswar Development Authority shall have no liability in respectof any loan sanctioned and/or disbursement /payment made and/or indefault on the part of the Borrower towards the payment. The liability ifany, under aforesaid loan are strictly limited between the parties of thefirst part and the party of the second part only. The liability of the ThirdParty is strictly limited to submission of lease –cum-sale deed beforesecond party financier only.

6. Pending execution of the lease-cum-sale deed, any action taken by theParty of the Second Part for sale, auction, attachment and /or any othersimilar transaction shall be subject to the permission of the Party of thethird Part on such terms and conditions, if any, to be fixed therein. Insuch event the party of the third party shall not be responsible in anymanner in respect of the such transaction between party of the third partand the party of the second part. For the purpose, the usual conditions ofthe draft lease agreement followed by the party of the third part (BDA)shall be deemed as the conditions binding to the parties of the agreement.However, the terms of the lease deed shall govern any action taken on andfrom the date of its execution before the registering Authority.

7. The third party’s liability under this tripartite agreement shall be deemedto have ceased/cancelled soon after the execution of the lease-cum-saledeed in favour of the borrower/allottee and on submission of the samebefore the second party. Not withstanding any thing contained to thecontrary herein above agreed, all the parties receive their right for anymodification/alteration of the terms on express execution of the modifieddeed/agreement.

SCHEDULE OF PROPERTY

In witness whereof the parties here to have set and subscribed their handand seal on the date aforementioned in presence of the witness named below.

Witness:

1.Signature of the party of the First part

2.

1.Signature of the party of the Second part

2.

1.Signature of the party of the Third Part

2



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Annexure-5

POSSESSION LETTER OF PLOT



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Annexure-6


No.________/BDA, Bhubaneswar, date __________

To The Junior Engineer-in-charge Division No.________, BDA, Bhubaneswar _______________________ Housing Scheme

Sri/Smt. ________________________________________ House No._____________under _______________________________________________ Housing Scheme maybe allowed to take over advance possession of the said house pending detailaccounting, execution of lease deed. His/Her signature is attested below.

You are requested to intimate the undersigned the date on which thephysical possession of the aforesaid apartment has given to the allottee.

Allotment Officer/Signature of the allottee Section Officer (Allotment)

Memo No.________/BDA, Bhubaneswar, Date __________

Copy forwarded to the allottee for information and necessary action. He isrequested to contact the Executive Engineer, Division No.___________, BDA andtake over physical possession of the house within a fortnight.

Allotment Officer/ Section Officer (Allotment)


Copy forwarded to E.E.,Divn.-I/II/III,BDA for information and necessaryaction.

Allotment Officer/Section Officer (Allotment)



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Copy forwarded to Executive Engineer, P.H, Bhubaneswar/Asst. Engineer,P.H, Bhubaneswar/Executive Engineer, CESCO, Bhubaneswar/ Asst.Engineer, CESCO, BBSR/Executive Officer, BMC/Tahasildar, Bhubaneswar/R.I, _________________ for information and necessary action.

The Tahasildar, Bhubaneswar is requested to realize the ground rent @Rs._____________ per annum of the cost is subject to revision of rent in theGovt. of Orissa.

The Authorisation letter shall be treated as NOC for the purpose ofobtaining the water supply and electricity.

Allotment Officer/ Section Officer (Allotment)

To be used by concerned Junior Engineer(Through the concerned Executive Engineer)


Copy to Allotment Officer-I/II, BDA for favour of information of HouseNo._____________ under _____________________________________________ HousingScheme has been handed over to the allottee Sri/Smt. ________________________on dt.__________.

Junior Engineer



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Annexure-7

LEASE-CUM-SALE AGREEMENT

THIS DEED OF LEASE-CUM-AGREEMENT FOR SALE executed atBhubaneswar this ______ day of _________________ Two thousand and _________BETWEEN THE BHUBANESWAR DEVELOPMENT AUTHORITY, a bodycorporate constituted under the provisions of Orissa Development AuthoritiesAct, 1982 (Orissa Act-14 of 1982) represented through its Secretary(hereinafter called the First Party which term shall wherever the context sopermits, mean and include its successors in interest and assigns) of the onepart.

AND

Sri/Smt._________________________________________ Aged _________ son of/Wife of ____________________________________ Village___________________________Post __________________________________ P.S__________________________________Dist.___________________________________ State_____________________________ atpresent _____________________________________________________________________by profession ______________________________ (hereinafter called the SecondParty which term shall wherever the context so permits mean and includehis/her heirs, successors and permitted assigns) of the other part.

WHEREAS, the Governor of Orissa by a deed of lease executed in favourof First Party has demised to the first party for purpose of framing the__________________________________ Housing Accommodation Scheme for sellingor leasing out those plots with houses for residential purpose, the lands morefully described in the Schedule “A” hereto annexed with all easements &appurtenances, if any, for a period of 90 years and thus the First Party is thelessee in respect of the Scheduled site and the Second Party herebyacknowledges that he/she has perused the said lease deed and hasunderstood the contents thereof.

AND WHEREAS THE FIRST PARTY has framed the said _________________Housing Accommodation Scheme.

AND WHEREAS the First Party has been duly authorized by theGovernor of Orissa to transfer or lease out or sell the plots of land with housesbuilt thereon as provided in the said Scheme.

AND WHEREAS in pursuance of said Housing Scheme the First Party athis own expense has developed and improved a plot of land and hasconstructed a building thereon in all that piece and parcel of land moreparticularly described in the Schedule ‘B’ hereunder and is hereinafter referredto as ‘ the property ‘.

AND WHEREAS in pursuance of the said Housing accommodationScheme, the Second party has applied to the First Party for purchasing theleasehold interest in the scheduled plot with house.



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AND WHEREAS the First Party has agreed to sell or to transfer or to leaseout the plot with house under the said Scheme in favour of the Second Party, itis hereby agreed to between the parties hereto as follows:-

1. That on execution of this agreement, the Second Party shall be inpossession of ‘the property’ more fully described in Schedule ‘B’ to thisagreement and shall continue to remain in possession subject to theterms and conditions of this agreement.

2. That the second party shall pay to the First Party the full price of theproperty described in schedule ‘B’ to this agreement amounting toRs.___________ (Rupees _________________________________________________)only, by instalments out of which the Second Party has paid the firstinstalment amounting to Rs. ____________ (Rupees _____________________________________) only and shall pay the balance of Rs.____________ (Rupees___________________________________) only in _______ quarterly instalmentsof Rs. ______________ (Rupees ___________________________________________)only each in advance on or before the 10th day of each English Calendarmonth and the first instalment of such payment shall commence on____________.

Provided that it shall be open to the Second Party to request in writing forthe First Party, converting the mode of payment from instalment basis toout-right purchase basis. In such a case if the first party accepts therequest, the Second Party will pay the commitment charges at the rate ofone percent of the total cost of building subject to maximum ofRs.________ (Rupees _________________________________________) only.

3. That the Second Party shall pay the yearly rents amounting toRs.______________ in favour of Government of Orissa to be paid half yearly,on __________________________________________ subject to any revision ofrent, in the office of the Tahasildar, Bhubaneswar/Khurda or any otherplace or places as may be appointed by the Governor in that behalf, thefirst of such payment of rent shall be payable on ____________.

4. That the Second Party shall pay all rates, taxes, cesses and otheroutgoing payable in respect of ‘the property’ to the State and/or CentralGovernment, Khurda /Jatni N.A.C. and any other local or public authorityin time as fixed by them.

5. That the Second Party shall pay all charges for consumption of water andelectricity in the premises to concerned authorities.

6. That in case the Second Party defaults in paying any instalment or duespayable to the First Party on the date, it falls due, the Second Party shallpay interest at the rate of ___________ per cent per annum on the amountof such dues from the date when the same falls due.



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Provided that rent, holding tax, other tax, rate cess or fees as may bepayable by the First Party for the property to a local authority or State orCentral Government on default by the Second Party to pay the same shallbe charged on and payable by the Second Party to the First Party togetherwith interest thereon at the rate charged by the said authority orGovernment.

7. That compliance of all the terms and conditions of this agreement and onfinal payment of full price of ‘the property’ the First Party shall at the costof the Second Party execute and register a deed of sale in favour of theSecond Party conveying the title, possession and all other interests it hasin the demised property in favour on the Second Party and on execution ofthe sale deed, subject to condition of the said deed the Second Party shallbecome the absolute owner of the property and shall become a lesseeunder the Governor of Orissa and the First Party shall not obstruct thepossession or peaceful enjoyment of ‘the property’ by the Second Party inany manner.

8. That the Second Party shall not use ‘the property’ for any purpose otherthan residential without prior written permission of the First Party.

Provided that the Second Party shall not be allowed to store anyinflammable or obnoxious articles therein nor allowed it to be used for anyobnoxious purpose.

9. The Second Party shall not make any additions or alternations to theproperty without permission in writing of the First Party and withoutpaying at least half the number of instalments fixed under clause-2payable after signing of the agreement.

10. That the First Party may insure ‘the property’ against loss or damage byfire with an insurance concern of repute of its own choice and the SecondParty on intimation by the First Party shall pay the premia for suchinsurance including charges for renewal and other incidentials as peractuals as and when they fall due to the First Party until the price of ‘theproperty’ is fully paid to the First Party.

11. That the Second Party shall keep ‘the property’ and every part thereof andall additions and fixtures thereto and the boundary walls thereof and thedrains and pipes and sanitary, electric and water supply installation ingood and working order and shall be liable to carry out all usual repairsstructural or otherwise at his own expense and shall not do or cause to bedone any work which is injurious or detrimental to ‘the property’.

12. That if the Second Party fails to carry out any repair to ‘the property’which in the opinion of the First Party is necessary, it shall be lawful butnot obligatory upon the First Party to carry out such repair and recoverthe cost from the Second Party together with a surcharge of 12% thereon.



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Provided that such repairs shall be effected only after a notice in writing isgiven to the Second Party by the First Party and the Second Partycommits default for one week in complying with the notice.

13. That the Second Party shall permit the First Party or his agents or officerswith or without workmen or others at all reasonable times to enter upon‘the property’ and to examine the conditions thereof or to carry out anywork in terms of these presents.

14. That the Second Party shall not assign, subject or part with thepossession of the whole or any part of ‘the property’ without the priorwritten permission of the First Party wich such conditions as the FirstParty may impose. Any assignment etc. without permission of First Partyor without compliance of any conditions imposed by the First Party whilepermitting such assignment etc. shall be void abinitio.

15. That in case the Second Party defaults in paying monthly instalments fora continuous period of six months and does not pay the same in spite ofnotice by the First Party to that effect, the First Party may determine theagreement and on such determination the Second Party shall surrender‘the property’ forthwith to the First Party.

16. That if the Second Party commits breach of any of the terms conditionsand convenants contained in this indenture the First Party may determinethe agreement upon service of a notice to that effect and upon suchdetermination the Second Party shall be bound and liable to vacate anddeliver to the First Party the vacant possession of ‘the property’ voluntarilyfree from all obstructions. In case the Second Party does not vacate thepremise upon determination free from all encumbrances he shall beevicted under the provisions of ‘Orissa Public Premises (Eviction ofUnauthorised Occupants) Act, 1972’ or such other law as may be in force.

17. That if the Second Party does not surrender ‘the property’ upondetermination of the agreement by the First Party in the manner laiddown in clauses-15 and/or 16, the Second Party shall be liable to pay tothe First Party damages at the rate of Rs.50/- per day for the first tendays of unauthorised use and occupation of the property, and at the rateof Rs.10/- per day thereafter besides any other liability provided for inthis agreement and in any other law for the time being in force.

18. That the Second Party shall not be deemed to be the owner of any of theplots, superstructures or any portion thereof constructed thereon and theSecond Party shall not be entitled to claim title thereto until the full priceof ‘the property’ together with the rents and any other dues payable underthis indenture are fully paid by the Second Party to the First Party.

19. That without prejudice to the right conferred on the First Party in clause-15 or 16 above, the First Party, shall be entitled to recover from theSecond Party upon breach of any of the terms, conditions and convenantsof this indenture to make good any loss which the First Party might



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sustain consequent such upon breach of the contract committed by theSecond Party.

20. That notwithstanding anything contained in these presents, the FirstParty may, on the determination of this agreement under clause-15 or 16above sell or transfer or lease out ‘the property’ including the additionsand alterations, if any, to any person by private sale or by public auctionor otherwise at the option of the First Party and on such terms andconditions as the First Party deems fit.

In such an event, the Second Party shall be liable to pay the First Partythe market rent calculated at 24% of the capitalized value of the propertyfor the period from the date of delivery of possession to the date ofrecovery of possession. The expenditure incurred by the First Party onrecovery of possession and sale of the property and the differencesbetween the stipulated price and the price of the property is sold, if thereis a deficiency and on account of any loss of which the First Partysustains as a result of breach of any of the terms & conditions of thisagreement by the Second Party, the amount paid by the Second Partyshall be adjusted on this account and the balance if any will be refunded.

21. The dues payable by the Second Party to the First Party and inaccordance with this agreement shall be recoverable as public demandunder provisions of the Orissa Public Demands Recovery Act, 1962.

22. That all mines, mineral products, buried treasure, coal, petroleum, oil andquarries whatsoever under or within the premises shall be the property ofthe Governor of Orissa.

23. That in all matters of doubt concerning interpretations of any of theprovisions of this indenture, the decision of the Vice-Chairman,Bhubaneswar Development Authority shall be final and binding on theSecond Party.

24. That the First Party shall not be responsible for any damage to theproperty caused by natural calamities like flood, earthquake, cyclone orany other act of God and explosion, fire, riots etc.

25. That any notice required to be served hereunder shall be considered to besufficiently served on the Second Party if the same is sent by theregistered post at the address of the First Party noted in this agreement aswell as affixed in the property in Schedule ‘B’. Expenses incurred towardsthe service of notice shall be recoverable from the Second Party.

26. That neither party to this agreement shall be competent to bring a suit orproceeding in regard to the matters covered by this agreement at anyplace outside Bhubaneswar.

IN WITNESS where of the parties above named have hereto respectivelysigned their names on the dates mentioned below their signatures.



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Signature of the Second Party Signature of the First PartyDate _____________ Date_____________

In the presence of witness In the presence of witness.

1. 1.

2. 2.

SCHEDULE ‘A ‘ABOVE REFERRED TO

An area of ______________ under plot No_______________ Area _____________Khata No_____________ Village______________________ P.S. _____________________Dist _______________________________ as shown in the plan bearing Drawing No._______________________ prepared by the Bhubaneswar Development Authority,Bhubaneswar for the development of _________________________________________Housing Scheme under the jurisdiction of District Register Bhubaneswar,District Puri, Annual rent of the land Rs. _________________.

Bounded by- North : South : East : West :

Signature of the Second Party Signature of the First Party

SCHEDULE ‘B’ ABOVE REFERRED TO

All that piece of land situated in the sanctioned plan of _________________________________________________ Housing Accommodation Scheme, Plot/ HouseNo.__________________ and measuring _______________________ and thereaboutsbounded as follows:

North : South : East : West




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Annexure-8

LEASE OF LAND FOR RESIDENTIAL PURPOSES

THIS LEASE made on this the ___________ day of ____________________ twothousand and _________________ Between the BHUBANESWAR DEVELOPMENTAUTHORITY, a body corporate constituted under the provisions of OrissaDevelopment Authorities Act, 1982, represented by its Secretary(hereinaftercalled the First Party) of the one one part.

AND

Shri/Smt.____________________________________________ Aged ________ sonof/ Wife of ____________________________ Village_______________________________Post ___________________________________________ P.S_________________________Dist. ____________________________ State ______________________________________at present___________________________________________________________________by profession ______________________________ (hereinafter called the SecondParty) of the other part.

Whereas, the Governor of Orissa by a deed of lease executed infavour ofFirst Party has demised to the First Party for purpose of ___________________________ for selling of leasing out the plots for residential purpose, the lands morefully described in schedule ‘A’ here to with all easements and appurtenances,if any, for a period of 90 years and thus the First Party is the lessee in respectof the scheduled site and the Second Party hereby acknowledges that he/sheperused the said lease deed and has understood the contents thereof.

And whereas, the First Party has been duly authorized by the Governor ofOrissa to transfer or lease out or sell the plots of land in the said scheme.

And whereas in pursuance of the said scheme the First Party at his ownexpense has developed and improved a plot of land in all that piece and parcelof land more particularly described in the Schedule ‘B’ here under and ishereinafter referred to as ‘Plot’.

And whereas in pursuance of the said scheme the Second Party hasapplied to the First Party for purchasing the lease hold interest in theScheduled plot on the terms and conditions hereinafter ser forth.

NOW THIS INDENTURE WITNESSTH that the First Party does herebygrant unto the Second Party a lease of the said parcels of land together with allrights, easement and privileges attached hereto on the terms and conditionsspecified below:-

1. In consideration of the sum of Rs._______________ (Rupees_____________________________________________________________) only paid as premiumbefore the execution of these presents ( the receipt of which the First Partyhereby acknowledges) and for payment of the rent hereinafter reservedand of the covenants on the part of the Second Party hereinafter



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contained, the First Party hereby demises to the Second Party for thepurpose of building houses and for selling or leasing out those plots withhouses for residential purpose only. All that land described in theSchedule ‘B’ hereto and for greater clearness delineated on the planannexed hereto and thereon shown with its boundaries coloured redtogether with all easements and appurtenances whatever belongs to or inany way appurtenances whatever belonging to or in any way appurtenanttherto, to hold or to allow other to hold the said premises from the___________ day of ___________________ 20____ for the terms of ninety yearspaying therefore during the said term and yearly rent of Rs.____________by equal half yearly payments on the 28th day of April and 8th day ofNovember of each year at the Office of the Tahasildar, Bhubaneswar or atsuch other place or places as the Governor of Orissa may from time totime appoint in h is behalf, the first such payments to be made on the________ day of ______________________.

2. The Second Party hereby convenants with the Frist Party as follows:-

(i) That the Second Party or his transferee as the case may be shallduring the term hereby pay to the Governor of Orissa the yearly renthereby reserved on the days and in the manner hereinbeforeappointed and that the Second Party shall arrange to take delivery ofpossession of the land within one month of the date of registration ofthis lease deed in which case the date of execution of the lease deedby the Second Party will be the date for which rent will be payable.

(ii) That he shall during the said term pay all rates and charges of everydescription now payable in respect of the demised premises or thebuildings to be erected thereupon whether the same be payable bythe landlord or the tenant.

(iii) That he shall at his own expenses and with the previous permissionin writing of the First Party erect upon the land leased in asubstantial and workman like manner with new and sound materialsand to the satisfaction of the First Party or his authorizedrepresentative a building for use as a residential house with allrequisite and proper walls, sewers, drains and other conveniences asshall be approved by the First Party or his authorized representativeand shall complete the same in all respects fit for occupation withinforty eight months from the date here of within such further time, ifany, as the First Party may allow.

(iv) That he shall not build on more that 65% of the leased are and shallleave in front of the building the requisite vacant space from theboundary of the building according to the approved plan and thereshall be no basement.

(v) That he shall not erect or build or permit to be erected or built on thedemised premises and building other than that specified above nor



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make an addition to any existing buildings at any time except withthe approval of the First Party.

If the lessee will undertake the construction without/deviating planapproved by the lessor (BDA) over the allotted plot, the allotment willliable to be cancelled which will also cause for determination of leasedeed.

(vi) That he shall conform to all rules, regulations and by-laws of theFirst Party or such other authority for the area as may hereafter beconstituted relating to roads and buildings, public health, safety,convenience and sanitation which may for the time being be in force.

(vii) That he shall make all sanitary and conservancy arrangements forthe labour employed on the said land and shall pay to the localauthority expenses, if any, incurred on this account by the saidAuthority for making such arrangements on his behalf.

(viii) That the building during construction, shall be open to inspection bythe First Party or his authorized representative. When any defect isnoticed either in the construction or quality of materials used orwhen there is a change of design without previous approval of theFirst Party he shall upon receipt of notice in writing from the FirstParty remove the defects within the period specified therein.

(ix) That no act shall be done or caused to be done on the said land orbuilding which is likely to be or become a nuisance ordisparagement, annoyance or inconvenience to the First Party or tothe neighbourhood.

(x) That all mines, mineral products, buried treasure, coal, petroleum,oil and quarries whatsoever in, under, or within the said land shallbe the property of the First Party.

(xi) That if the First Party at any time before the expiry of the lease,desires for any public purpose to resume the holding or any partthereof, the Second Party shall vacate it the within three monthsfrom the notice in writing thereof in which case and incase of thedetermination of this lease under clause-4, the Second Party or histransferee shall be entitled to reasonable compensation for anybuilding or other improvements that might have been made with thewritten consent of the First Party. He shall also be entitled tocompensation on account of the less of the use and occupation of theholding which may be fixed at such an amount as may be consideredequitable according to the circumstances of the case.

Provided that particularly in case of re-entry for breach or nonobservance of any of the covenant laid down in sub-clause-(v) and(xiv) of clause-2, the Second Party or his transferee shall not beentitled to any compensation for the land or the buildings or other



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structure erected by him on the land except being at liberty toremove the materials or such buildings or structures as laid down inclause-4.

(xii) That all sums of money due to the First Party on any account underthese presents, shall be recoverable by the First Party in addition toany other remedy open to him as a public demand under the OrissaPublic Demands Recovery Act, 1962 (Orissa Act I of 1963). In theevent of the Second Party not paying any instalment of the rent on orbefore the date fixed for such payment, he shall in addition to thearrears pay interest at the rate of six percent per annum on sucharrears or at the rate fixed from time to time.

(xiii) That the Second Party shall keep intact and well defined, theboundaries of the holding and shall point them out for inspectionwhen required by the First Party to do so, or to any officer or personduly authorized by him, in writing on that behalf.

(xiv) That he shall not without the consent in writing of the of the FirstParty and without fulfilling the terms and conditions imposed by the1st party transfer by way of sale, gift mortgage or otherwise part withthe possession of the whole or any part of the said plot or plot withhouse. The Second Party shall have also no right to use or permitthe use of the said land for any purpose other than that for which itis leased. Any transfer of the demised premises or use of the samefor any purpose other than for which it is leased without the consentin writing of the First Party shall be void and it shall be open to theFirst Party to terminate the lease. Thereafter the possession of theplot by the Second Party shall be deemed to be illegal andunauthorized.

Provided that in case of a transfer with permission of the First Partywith terms and conditions as imposed by the First Party, the SecondParty shall send a copy of its deed to the First Party.

(xv) During the continuance of the lease the Second Party shall maintainthe premises and all the buildings thereon in sanitary condition andthe building shall be kept in good and substantial state of repair tothe satisfaction of First Party or his authorized representative.

3. The First Party covenants with the Second Party that the Second Partypaying the rent hereby reserved and performing all the covenants hereincontained, shall hold and enjoy the demised premises during the saidterm without any unlawful interruption by the First Party or any otherperson whatsoever.

4. PROVIDED ALWAYS & IT IS HEREBY EXPRESSLY AGREED by andbetween the parties hereto as follows.



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That whenever any part of the rent hereby reserved shall be in arrear forsix months after the due date or if it is found that the statement made bythe Second Party in his declarations dated ______________ in considerationof which the lease is granted to him are false or there shall be breach ofany of the covenants by the Second Party herein contained the First Partymay re-enter on the demised premises and determine this lease in whichcase the First Party may, by notice in writing, require the Second Party toremove within a reasonable time any building which may have beencommenced and not completed or the materials of which may have beencollected on the leased land and if he fails to comply with such notice, theFirst Party after giving a further notice in writing specifying a time not lessthan three months from the date of the service of the notice within whichsuch building or materials shall be removed, may cause such removal tobe effected and recover the cost from him.

5. IT IS HEREBY FURTHER AGREED by and between the Parties hereto asfollows:

(i) That any demand for payment or notice requiring to be made upon orgiven to the Second Party shall be considered to be sufficiently madeor given if sent by the First Party or his agent through the post byregistered letter addressed to the Second Party at the demisedpremises or at his address given in the deed.

(ii) That whenever any interpretation should be necessary in order togive the fullest scope and effect legally possible to any covenant orcontract herein contained, the expression “the First Party” hereinbefore used shall include his Agent and the owner for the time beingof the First Party’s interest in the demised premises as the case maybe and the expression “the Second Party” hereinbefore used shallinclude his heirs, executors, administrators and permitted assigns.

IN WITNESS WHEREOF the Parties hereto have hereunder signed thisdeed.

The duplicate is the true and exact copy of the original.



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SCHEDULE “A” REFERRED TO(Particulars of the plot hereby demised to the First Party)

Plot No.______________ Area _________ Acre under Khata No._____________in Mouza ___________________ P.S ________________ District-___________________under jurisdiction of District Sub-Registrar, Bhubaneswar.

Bounded by:

North:South:East:West:

SCHEDULE ‘B’ REFERRED TO(Particulars of the plot hereby demised to the Second Party)

Plot No.________________ measuring ____________ sq.ft. as per BDA drawingNo.___________________ of Mouza ____________________

Bounded by:


Seal and signature of the First Party Signature of the Second Party

In presence of witness In presence of witness

1. 1.

2. 2.



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Annexure-9

LEASE OF LAND FOR COMMERCIAL PURPOSES

THIS LEASE made on this the ________ day of _______________________ twothousand and _________________ between the BHUBANESWAR DEVELOPMENTAUTHORITY, a body corporate constituted under the provisions of OrissaDevelopment Authorities Act, 1982, represented by its Secretary(hereinaftercalled the First Party) of the one one part.

AND

Shri/Smt.____________________________________ Aged _______ years son of/Wife of _________________________________ Village______________________________Post ___________________________________ P.S__________________________________Dist. ____________________________ State____________________________________ atpresent _____________________________________________________________________by profession __________________________________ (hereinafter called the SecondParty) of the other part.

WHEREAS, the Governor of Orissa by a deed of lease executed in favourof First Party has demised to the First Party for purpose of______________________ for selling of leasing out the plots for commercialpurpose, the lands more fully described in schedule ‘A’ here to with alleasements and appurtenances, if any, for a period of 90 years and thus theFirst Party is the lessee in respect of the scheduled site and the Second Partyhereby acknowledges that he/she has perused the said lease deed and hasunderstood the contents thereof.

AND WHEREAS, the First Party has been duly authorized by the Governorof Orissa to transfer or lease out or sell the plots of land in the said scheme.

AND WHEREAS in pursuance of the said scheme the First Party at hisown expense has developed and improved a plot of land in all that piece andparcel of land more particularly described in the Schedule ‘B’ here under andis hereinafter referred to as plot.

AND WHEREAS in pursuance of the said scheme the Second Party hasapplied to the First Party for purchasing the lease hold interest in the scheduleplot on on payment of consideration amount of Rs._______________ (Rupees_______________________________________) only and on the terms and conditionsherein contained.

NOW THIS INDENTURE WITNESSTH that the First Party does herebygrant unto the Second Party a lease of the said parcels of land together with allrights, easement and privileges attached thereto in the schedule-B on theterms and conditions specified below:

1. In consideration of the sum of Rs.____________ (Rupees ____________________________________________________________________) only paid as premium



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(the receipt of which the First Party hereby acknowledges) and of the renthereinafter reserved and of the covenants on the part of the Second Partyhereinafter contained, the First Party hereby demises to the Second Partyfor the purpose of construction of building and structures thereuponaccording to the plan and type approved by the First establishmentswith/without necessary living accommodation to hold or to allow other tohold the same premises from the ________________ day of _________________20_______ for the terms of ninety years paying therefore, during the saidterm Rs. ______________ (Rupees ________________________________________)only as the initial rent per annum subject to revision of rent from time totime by Govt.

Provided that the First Party shall at his discretion be entitled to prohibitcommerce in any particular goods which he considers to be opposed topublic or which is likely to prove a nuisance to the neighbours.

2. The Second Party hereby convenants with the First Party as follows:

(i) That he shall hold and use the demised land only for commercialpurpose with/without necessary living accommodations specified inclause-1 and for no other purpose without the previous sanction ofthe First Party or his authorized agents.

(ii) That he shall during the term pay to the First Party the annual renthereby reserved on the days and in the manner and at place to befixed by the First Party for this purpose from time to time.

(iii) That he shall during the said term pay all rates, taxes and charges ofevery description now payable or hereafter to become payable inrespect of the demised premises or the buildings to be erectedthereupon whether the same be payable by the landlord or thetenant.

(iv) That he shall at his own expenses and with the previous permissionin writing of the First Party erect upon the land leased in asubstantial and workman like manner with new and sound materialsand to the satisfaction of the First Party or his authorizedrepresentative structures for use as commercial-cum-residentialholding with all requisite and proper walls, sewers, drains and otherconveniences as shall be approved by the First Party or hisauthorized representative and shall complete the same in all respectsfit for the aforesaid purpose within 48 (forty eight) months from thedate here of or within such further time, if any, as the First Partymay allow.

(v) That he shall not erect or build or permit to be erected or built on thedemised premises and building other than that specifie in a planapproved by the First Party nor make an addition to any existingbuilding or structures at any time except with the written approval ofthe First Party.



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(vi) That he shall conform to all rules, regulations and by-laws of theFirst Party or such other local authority for the area as may hereafterbe constituted relating to roads, buildings, public health, safety,convenience and sanitation which may for the time being beenforced.

(vii) That he shall make all sanitary and conservancy arrangements forthe labour employed on the said land and shall pay to the localauthority expenses, if any, incurred on this account by the saidAuthority for making such arrangements on his behalf.

(viii) That the building and the structures, during construction, shall beopened to inspection by the First Party or his authorizedrepresentative. When any defect is noticed either in the constructionor in quality of materials used for it or when there is a change ofdesign or deviation of plan without previous approval of the FirstParty, the Second Party shall upon receipt of notice in writing fromthe First Party, remove the defects within the period specified therein.

(ix) That no act shall be done or caused to be done on the said land orbuilding which is likely to be or become a nuisance ordisparagement, annoyance or inconvenience to the First Party or tothe tenants or the occupiers of the adjoining or neighbouringpremises.

(x) That all mines, mineral products, buried treasure, coal, petroleum,oil and quarries whatsoever in, under, or within the said land shallbe the property of the First Party.

(xi) That if the First Party, at any time, before the expiry of the leasedesires for any public purpose to resume the holding or any partthereof, the Second Party shall vacate it or the part required withinthree months from the notice in writing given by the First Party forthe purpose in which case and incase of the determination of thislease under clause-4, the Second Party shall be entitled to reasonablecompensation for any building, structure or other improvements thathe may have made with the written consent of the First Party. Heshall also be entitled to compensation on account of the loss of theuse and occupation to the holding which may be fixed at such anamount which may be considered equitable according to thecircumstances of the each case.

Provided that particularly in case of re-entry for breach or nonobservance of any of the covenant laid down in sub-clauses-(v), (xiv),xvii) and (xviii) of clause-2, the Second Party shall not be entitled toany compensation for the land or the buildings or other structureerected by him on the land except being at liberty to remove thematerials or such buildings or structures as laid down in clause-4(i)hereafter.



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(xii) That all sums of money due to the First Party on any account underthese presents, shall be recoverable by the First Party in addition toany other remedy open to him as a public demand under the OrissaPublic Demands Recovery Act, 1962 (Orissa Act I of 1963). In theevent of the Second Party not paying any instalment of the rent on orbefore the date fixed for the purpose, he shall in addition to thearrears pay interest at the rate of 6 ½ percent per annum on sucharrears or at the rate fixed from time to time.

(xiii) That the Second Party shall keep intact and well defined theboundaries of the holding and shall point them out for inspectionwhen required by the First Party to do so, or to any officer or personduly authorized by him, in writing on that behalf.

(xiv) That he shall not without the consent in writing of the First Party useor permit the use of the said land for any purpose other than that forwhich it is leased or shall not transfer the said plot by way of sale,gift, mortage or assign or otherwise part with the possession of thewhole or any part of the said plot or plot with house without theconsent of First Party and without fulfilling the terms and conditionsimposed by the First Party. Any transfer of the demised premises oruse of the same for any purpose other than for which it is leasedwithout the consent in writing of the First Party shall be void and itshall be open to the First Party to terminate the lease. Thereafter thepossession of the plot by the Second Party shall be deemed to beillegal and unauthorized.

Provided that in case of a transfer with permission of the First Partywith terms and conditions as imposed by the First Party, the SecondParty shall send a copy of its deed to the First Party.

(xv) That during the continuance of the lease the Second Party shallmaintain the premises and all the buildings and structure thereon insanitary condition and in good substantial state of repair to thesatisfaction of First Party or his representative.

(xvi) That the Second Party in the event of the demised premises beingdestroyed or substantially destroyed by fire, storm or any other causeshall rebuild within such period after such destruction as may befixed by the First Party in a substantial and workman-like manner athis own cost and expense on the said land a residential building withnecessary outhouses, boundary walls, sewer, drains and latrines inaccordance with plans, elevations and specifications approved andsigned by the First Party and under the inspection and to thesatisfaction of the First Party.

(xvii) That he shall not keep or store any dangerous or inflammablesubstances or keep for sale or storage any intoxicating liquors on orin the demised premises or keep any cattle or animals for profit



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thereon without the previous consent in writing of the first Party oruse the demised premises for any purposes which in the opinion ofthe First Party may be a source of nuisance or annoyance to thetenants or the occupiers of the adjoining or neighbouring premises.

(xviii)That he shall not use the demised land or any part thereof foragricultural or horticultural purposes or for other business of anature likely to prove a nuisance or inconvenience to theneighbouring residence or to the public in general or for any otherpurpose whatsoever except for the purpose of shops and residentialquarters as hereinbefore mentioned provided that the Second Partyshall be at liberty to maintain a kitchen and/ or a flower garden asan adjunct to the said residential building for th use of the occupierthereof but for no other purpose.

3. The First Party hereby covenants with the Second Party that the SecondParty paying the rent hereby reserved and performing all the covenantsherein contained, shall hold and enjoy the demised premises during thesaid term without any unlawful interruption by the First Party or anyother person whatsoever.

4. PROVIDED ALWAYS IT IS HEREBY EXPRESSLY AGREED by and betweenthe parties hereto as follows.

That whenever any part of the rent hereby reserved shall be in arrear forsix months after the due date or if it is found that the statement made bythe Second Party in his declarations dated _____________ in considerationof which the lease is granted to him are false or there shall be breach ofany of the covenants by the Second Party herein contained the First Partymay re-enter on the demised premises and determine lease in which casethe First Party may by notice, in writing require the Second Party toremove within a reasonable time any building or structure which mayhave been commenced and not completed or the materials which mayhave been collected on the leased land, and if he fails to comply with suchnotice, the lessor after giving a further notice in writing specifying a timenot less than three months from the date of the service of the noticewithin such building or materials shall be removed, may cause suchremoval to be effected and recover the cost thereof from him.

5. (i) That any demand for payment or notice requiring to be made upon orgiven to the Second Party shall be considered to be sufficiently made orgiven if sent by the First Party or his agent through the post by registeredletter addressed to the Second Party at the demised premises or at hisaddress given in the deed.

(ii) That whenever any interpretation shall be necessary in order to givethe fullest scope and effect legally possible to any covenant orcontract herein contained, the expression, “the First Party” hereinbefore used shall include his Agent and the owner for the time beingof the First Party’s interest in the demised premises as the case may



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be and the expression “the Second Party” hereinbefore used shallinclude his heirs, executors, administrators and permitted assigns.

IN WITNESS WHEREOF the Parties hereto have hereunder signed thisdeed. The duplicate is the true and exact copy of the original.

SCHEDULE “A” HEREIN REFERRED TO(Particulars of the plot hereby demised to the First Party)

Plot No.________________ Area__________ Acre under Khata No.____________in Mouza____________________ P.S.____________________ District________________under jurisdiction of District Sub-Registrar, Bhubaneswar.

Bounded by:North:South:East:West:

SCHEDULE ‘B’ HEREIN REFERRED TO(Particulars of the plot hereby demised to the Second Party)

Plot No.____________________ measuring _______________ sq. ft. as per BDAdrawing No._______________ of Mouza_______________________.

Bounded by:


Seal and signature of the First Party Signature of the Second Party


1. 1.

2. 2.



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Annexure-10

LEASE OF BUILDING WITH PLOT/PLOTFOR COMMERCIAL PURPOSES

THIS LEASE made on this the _________day of __________________________Two thousand and ___________ BETWEEN THE BHUBANESWRDEVELOPMENT AUTHORITY, a body corporate constituted under theprovisions of the Orissa Development Authorities Act, 1982, represented by itsSecretary (herein after called the First Party) of the one part.

AND Sri/Smt. __________________________________ Aged about ______ years,son/daughter/wife of Sri___________________________________ Village ______________________________ Post ______________________ Tahasil _____________________PS___________________ Dist______________________ State_____________________ Atpresent __________________________________________________________________ byprofession ______________________________ (hereinafter called the Second Party)of the other part.

WHEREAS, the Governor of Orissa by a deed of lease executed in favour ofFirst Party has demised to the First Party for purpose of _________________________________ for commercial purposes, the lands more fully described inSchedule ‘A’ here to with all easements and appuitances, in any, for a period of90 years from the 22nd August 1986 and thus the First Party is the lessee inrespect of the Schedule site and the Second Party hereby acknowledges thathe/she has perused the said lease-deed and has understood the contentsthereof.

AND WHEREAS, the First Party has been duly authorized by the Governorof Orissa to transfer or lease out or sell the Building with Plot/Plot of land inthe said scheme.

AND WHEREAS, in pursuance of the said scheme the First Party at hisown expense has developed and improved a plot of land in all that piece andparcel of land more particularly described in the schedule ‘B’ hereunder and ishereinafter referred to as “Property”.

And whereas in pursuance of the said scheme the Second Party hasapplied to the First Party for purchasing the lease hold interest in the scheduleproperty on payment of consideration amount of Rs.__________________ (Rupees__________________________________________________) only and on the terms andconditions herein contained.

NOW THIS INDENTURE WITNESSETH that the First party does herebygrant unto the Second Party a lease of said parcel of property together with allrights, easements and privileges attached thereto in the Schedule ‘B’ on theterms and conditions specified below.



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1) In consideration of sum of Rs.______________ (Rupees __________________________________________) only paid as premium (the receipts of which theFirst Party hereby acknowledges) and of the rent hereinafter reserved andof the covenants on the part of the Second Party hereinafter contempt theFirst Party hereby demises to the Second Party for the purpose of______________________________ according to the planed and type approvedby the First Party for the purpose of using the same only for commercialestablishments. To hold the said property from the day of ________________20 _______ for the term of unexpired period of 90 years paying thereof,during the said terms Rs.___________ (Rupees ___________________________)only as the initial rent per annum subject to revision of rent from time totime by Govt. during the period of lease.

Provided that the First Party shall at his discretion be entitled to prohibittrade and commerce in any particular goods which he considers to beopposed to public policy or which is likely to prove a nuisance to theneighbours.

2. That the Second Party hereby covenants with the First Party as follows:

i) That the Second Party during term of lease, pay to the First Party theannual rent hereby reserved on the days and in the manner and atplaces to be fixed by the First Party for this purpose from time totime.

ii) That the Second Party shall construct houses or other building at hisown expenses of such descriptions and dimension as may beapproved by the First Party in writing within a period of three yearsfrom the date of this lease.

iii) That the Second Party shall not erect or build or permit to be erectedor built on the demised premises any buildings other than thatspecified in a Plan duly approved by the First Party nor make anyaddition and alteration to the existing building or structures at anytime except with the prior written approval off the First Party.

iv) That the Second Party shall hold and use the “Property” for thepurpose for which it has been allotted to him only and not for anyother purpose without the previous sanction of the First Party or hisauthorized agent.

v) That the Second Party shall during the said term pay all rates, taxesand charges of every description now payable or hereafter to becomepayable in respect of the demised premised or buildings to be erectedthere upon whether the same be payable by the landlord or tenant.

vi) That the Second Party shall conform to all rules, regulations andbyelaws of the First Party or such other local authority for the area asmay hereafter be constituted relating to roads, buildings, public



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health, safety convenience and sanitation which may for the timebeing be enforced.

vii) That the Second Party shall make all sanitary and conservancyarrangements for the labour employed on the said land and shall paythe local authority expenses, if any, incurred on his account by thesaid authority for making such arrangements on his behalf..

viii) That the building and the structures, during construction shall beopened to inspection by the First Party or his authorizedrepresentative. When a defect is noticed either in the construction orin quality of materials used for it or when there is a change of designor deviation of plan without the previous approval of the First Party,the Second Party shall upon receipt of notice in writing from the FirstParty, remove the defect within the period specified therein.

ix) That no act shall be done or caused to be done on the said land orbuilding which is likely to be or become a nuisance or adisparagement, annoyance or inconvenience to the First Party or tothe tenants or the occupiers of the adjoining or neighbouringpremises.

x) That all mines, mineral products, buried treasure, coal, petroleum, oiland quarries whatsoever in under or within the said land shall be theproperty of the Govt. of Orissa.

xi) That if the First party, at any time, before the expiry of the leasedesires for any Public purpose to resume the holding or any partthereof, the Second Party shall vacate it or the part required withinthree months from the notice in writing given by the First Party forthe purpose in which case the Second Party shall be entitled toreasonable compensation for any building, structure or otherimprovements that he may have made with the written consent of theFirst Party. He shall also be entitled to compensation on account ofthe loss of use and occupation to the holding which may be fixed atsuch amount which may be considered equitable according to thecircumstances of each case.

xii) That all sums of money due to the First Party on any account underthese presents, shall be recoverable by the First Party in addition toany other remedy open to him as a public demand under the OrissaPublic Demands recovery Act 1962 (Orissa Act I of 1963). In theevent of the Second Party not paying any dues on or before the datefixed for the purpose, he/she shall in addition to the arrears payinterest at the rate of 15 (Fifteen) percent per annum on such arrearsor at the rate fixed from time to time.

xiii) That the Second Party shall keep in tack the well defined boundariesof the holding and shall point them out for inspection when required



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by the First Party to do so to any officer or person duly authorized byhim in writing in that behalf..

xiv) That the Second Party shall not without the consent in writing of theFirst Party use or permit the use of the said land for any purposeother than that for which it is leased out or shall not transfer the saidplot by way of sale, gift, mortgage or assign, sub-let or otherwise partwith the possession of the whole or any part of the said plot or plotwith building without the consent of the First Party, and withoutfulfilling the terms and conditions imposed by the First Party. Anytransfer of the demised premises or use of the same for any purposeother than for which it is leased out without the consent in writing ofthe First Party shall be void and it shall be open to the First Party toterminate the lease. Thereafter the possession of the property by theSecond Party to terminate the lease. Thereafter the possession of theproperty by the Second Party shall be deemed to be illegal andunauthorized.

Provided that the Second Party can mortgage the property for rasingloan from Government or financing institutions like Life InsuranceCorporation, Orissa State Financial Corporation, Nationalized Banks,Housing Development Finance Corporation and Housing Promotion,Finance Corporation to construct/add to the construction on theproperty based on as per the plan approved by the First Party withoutseeking any specific permission of the First Party.

PROVIDED further than in case of a transfer with permission of theFirst Party with terms and conditions as imposed by the First Party,the Second Party shall send a copy of its deed to the First Party.

xv) That during the continuance of the lease, the Second Party shallmaintain the premises and all the buildings and structures thereon insanitary condition and in good state of repair to the satisfaction of theFirst Party or his representative.

xvi) That the Second Party in the event of the demised premises beingdestroyed or substantially destroyed by fire, storm or any other causeshall rebuild within such [period after such destruction as may befixed by the First Party in a substantial and workman-like manner athis own cost and expenses on the said land in accordance with theplans, elevations, and specifications approved by the first Party andunder the inspection and to the satisfaction of the First Party.

xvii) That the Second Party shall not keep a store and dangerous orinflammable substances or keep for sale or storage any intoxicatingliquors and or in the demised premises or keep any cattle or animalsfor profit thereon without the previous consent in writing of the FirstParty or use the demised premises for any purpose which in theopinion of the First Party may be a source of nuisance or annoyance



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to the tenants or the occupiers of the adjoining or neighbouringpremises.

xviii) That the Second Party shall not use the demised land or any partthereof for agricultural or horticultural purposes or for other businessof the nature likely to prove a nuisance or inconvenience to theneighbouring residents or to the public in general or for any otherpurpose whatsoever except for the purpose for which it is leased out.

xix) That the expiry of the term of ninety years hereby reserved that theFirst Party shall upon request by the Second Party consider forrenewal for the like period and upon the same terms and conditionsthan rent payable which may be revised at the time of such renewalby mutually agreed upon between the First Party and the SecondParty, which shall be subject to the terms and conditions of therenewal of the lease of the property by the State Government infavour of the First Party.

3. The First Party hereby covenants with the Second Party that the SecondParty paying the rent hereby reserved and performing all the covenantsherein contained, shall hold and enjoy the demised premises during thesaid term without any unlawful interruption by the First Party or anyother person whatsoever.

4. PROVIDED ALWAYS IT IS HEREBY EXPRESSLY AGREED by and betweenthe parties as follows:

That whenever any annual rent or part thereof hereby reserved shall be inarrear for 3 months after the due date (whether demanded or not) or if theSecond Party shall go into liquidation (except for the purpose ofreconstruction) or there shall be a breach of any of the covenants by theSecond Party herein contained, then and in any such case the First Partymay determine the lease and there upon the First Party or any officerauthorized by the First Party shall be entitled to re-entry and takepossession of the property and it shall be lawful for the First Party toreenter into and upon the demised premises and in which case the FirstParty may be notice, in writing, require the Second Party to remove withina time specified therein any building or structure erected by him whichmay have been commenced and not completed or the materials which mayhave been collected on the lease hold land, and if he fails to comply withsuch notice, the First Party after giving a further notice in writingspecifying a time not less than 3 months from the date of the service ofthe notice hall remove the materials, in such buildings or in such buildingmay cause such removal to be effected and recover the cost thereof fromhim.

Provided that in case of such re-entry the Second Party shall not beentitled to any compensation whatsoever for the demised land and thebuildings and other structures erected thereon.



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5. (i) That any demand for payment or notice requiring to be made upon orgiven to the Second Party shall be considered to be sufficiently madeor given if sent by the First Party or his agent through the post byregistered letter addressed to the Second Party at the demisedpremises or at his address given in the deed.

(ii) That whenever any interpretations hall be necessary in order to giventhe fullest scope end effect legally possible to any covenant orcontract herein contained, the expression, “First Party”. Hereinbeforeused shall include his agent and the owner for the time being of theFirst Party’s interest in the demised premises as the case may be andthe expression “Second Party hereinbefore used shall include hisheirs, executors, administrators and permitted assignees.

IN WITNESS WHEREOF THE PARTIES here to have hereunder signed thisdeed.

The duplicate is the true and exact copy of the original.

Signature of the Second Party Signature of the Second PartyDate: Date

In the presence of witness: In the presence of witness:

1. 1.

2. 2.



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SCHEDULE “A” HEREIN REFERRED TO(Particulars of the property hereby demised to the First Party)

Mouza______________________________Tahasil, Bhubaneswar, Dist-Khurda,PS ______________________________.

A Buildable area of _____________________ acres out of the following Plot oflands as per drawing No. _________________on village__________________________PS_________________ Dist-Khurda, Khata No.__________________________ Plot No._____________________ Area __________________.

As per this layout plan prepared by Bhubaneswar Development Authorityof _________________________________ Complex scheme under the jurisdiction ofDistrict Registrar of Bhubaneswar, Dist-Khurda.

Signature of the Second party Signature of the First Party

SCHEDULE ‘B’ HEREIN REFERRED TO(Particulars of the property hereby demised to the Second Party)

______________________ Measuring _______________ Sft as per BDA drawingNo._____________ of Mouza _______________________.

Bounded by:

North:South:East:

West:

Signature of the Second Party Seal and Signature of the First Party


1. 1.

2. 2.



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Annexure-11

LEASE-CUM-SALE DEED

THIS DEED OF LEASE CUM-SALE executed at Bhubaneswar this _______day of _____________________ Two thousand and ______________ BETWEEN THEBHUBANESWAR DEVELOPMENT AUTHORITY a body corporate constitutedunder the provisions of Orissa Development Authorities Act, 1982 representedby its Secretary (hereinafter called the First Party which term shall whereverthe context so permits mean and include its successors in interest andassigns) of the one part.

AND

Shri/Smt.__________________________________________ Aged _______ son of/Wife of _______________________________ Village________________________________Post __________________________________ P.S__________________________________Dist.____________________________ State____________________________ at present_____________________________________________________________________________by profession ______________________________ (hereinafter called the SecondParty which term shall wherever the context so permits mean and includehis/her heirs, successors and permitted assigns) of the other part.

WHEREAS, the Governor of Orissa by a deed of lease executed in favourof First Party has demised to the first party for purpose of framing the_________________________________ Housing Accommodation Scheme for sellingor leasing out those plots with houses for residential purpose, the lands morefully described in the Schedule “A” hereto with all easements & appurtenances,if any, for a period of 90 years and thus the First Party is the lessee in respectof the Scheduled site and the Second Party hereby acknowledges that he/shehas pursued the said lease deed and has understood the contents thereof.

AND WHEREAS THE FIRST PARTY has framed the said ___________________________________________ Housing Accommodation Scheme.

AND WHEREAS the First Party has been duly authorized by theGovernor of Orissa to transfer or lease out or sell the plots of land with housesbuilt thereon as provided in the said Scheme.

AND WHEREAS in pursuance of said Housing Scheme the First Party athis own expense has developed and improved a plot of land and hasconstructed a building thereon in all that piece and parcel of land moreparticularly described in the Schedule ‘B’ hereunder and is hereinafter referredto as ‘ the property‘.

AND WHEREAS in pursuance of the said Housing Scheme, the Secondparty has applied to the First Party for purchasing the leasehold interest in thescheduled plot with house on the terms and conditions hereinafter set forth.



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AND WHEREAS the First Party has agreed to sell the plot with house inthe said Scheme in favour of the Second Party, it is hereby agreed to betweenthe parties hereto as follows:-

1. That the first party hereby conveys the ownership of the property toSecond Party and /shall deliver possession immediately after execution ofthis agreement and not later than a week/ the Second Party has alreadybeen delivered the possession of the property in pursuance of the lease-cum-sale agreement dated ________________.

2. That since the second party has already paid the entire sale price of theproperty amounting to Rs. _______________ (Rupees ____________________________________________) to the First Party the Second Party is the absoluteowner of the Plot and becomes a lessee under the Government of Orissafor the unexpired period of the lease for 90 years granted by Governor ofOrissa to the First Party and the first party shall not obstruct thepossession or peaceful enjoyment of the property by the second party inany manner.

3. That the Second Party shall not, without prior written permission of thefirst party use the property for any purpose other than residential.

4. That the Second Party shall not assign transfer on sale, gift or mortgageor sub-let or part with the possession of the whole or any part of theproperty without the prior written permission of the First Party and allsuch unauthorized transfer, assignment shall be void and the first partyshall have right to re-enter forthwith.

5. That the Second Party shall pay the yearly rents amounting toRs.______________ in favour of Government of Orissa to be paid half yearly,on 28th of April and 8th of November every year subject to any revision ofrent, in the office of the Tahasildar, Bhubaneswar or any other place orplaces as may be appointed by the Governor in that behalf, the first ofsuch payment of rent shall be payable on ______________.

6. That the Second Party shall pay all rates, taxes, cesses and otheroutgoings payable in respect of the property to the State and or CentralGovernment, Bhubaneswar Municipality and other public authority.

7. That the Second Party shall leave in front of the building required vacantspace from the boundary of the building according to the approved planand there shall be no basement.

8. The Second Party shall not make any additions or alternations to theexisting structure without obtaining the prior written permission of theFirst Party as well as without complying the statutory provisions of theOrissa Development Authority Act.

If the lessee will undertake the construction without/deviating planapproved by the lessor (BDA) over the allotted plot, the allotment will



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liable to be cancelled which will also cause for determination of leasedeed.

9. The Second Party shall not do any act or cause any act to be done on thesaid property which is likely to be or become a nuisance of disparagementannoyance or inconvenience to the First Party or to other persons in theneighborhood.

10. That all mines, mineral products, buried treasure, coal, petroleum, oil andquarries whatsoever under or within the premises shall be property of theGovernor of Orissa.

11. That if the Second Party commits breach of any of the terms, conditionsand covenants contained in this indenture the First Party may determinethe lease upon service of a notice to that effect and upon suchdetermination, the Second Party shall be bound and liable to vacate anddeliver to the First Party the vacant possession of ‘the property’ free fromall obstruction.

In case the Second party does not vacate the property upon determinationof lease free from all encumbrances he/she shall be evicted under theprovisions of the Orissa public premises (Eviction of unauthorizedoccupants) Act-1972 or such other law as may be in force.

12. That the Second party shall abide by all conditions as per the provisionsof the Orissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984)

13. The Second Party shall (other-wise) abide by all rules, regulations and bylaws and other orders/directions that may be issued by the BhubaneswarDevelopment Authority in pursuance of the provisions contained in theOrissa Development Authorities Act, 1982 and (also in) the OrissaApartment ownership Act-1982 (Orissa Act-1 of 1984) and rules madethere under.

14. That in all matters of doubt concerning interpretations of any of theprovisions of this indenture, the decision of the Vice-Chairman,Bhubaneswar Development Authority shall be final and binding on thesecond party.

That the First Party shall not be responsible for any damage to theproperty caused by natural calamities like flood, earthquake, cyclone or anyother act of God, explosion, fire, riots etc.

IN WITNESS whereof the parties above named have hereto respectivelysigned their names on the dates mentioned below their signatures.



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Signature of the Second Party Signature of the First PartyDate ____________ Date_____________

In the presence of witness In the presence of witness.

1. 1.

2. 2.

SCHEDULE ‘A‘ABOVE REFERRED TO

An area of ______________________under plot No.________________________Area ___________________ Khata No._______________ Village_____________________P.S.________________________ Dist _________________________as shown in theplan bearing Drawing No.______________________ prepared by the BhubaneswarDevelopment Authority , Bhubaneswar, for the development of __________________________________ Housing Scheme under the jurisdiction of District RegisterBhubaneswar, District-Khurda, Annual rent of the land Rs._____________.

Bounded by:

North : South : East : West :



All that piece of land situated in the sanctioned plan of _________________________________________________ Housing Accommodation Scheme, Plot/HouseNo.___________ and measuring __________ and thereabouts bounded as follows:

North : South : East : West




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Annexure-12

SALE OF APARTMENT

THIS DEED OF SALE made on this ___________ day of _______________ twothousand and _____________ BETWEEN THE BHUBANESWAR DEVELOPMENTAUTHORITY, a body corporate constituted under the provisions of the OrissaDevelopment Authorities Act, (Orissa Act-14, 1982) represented by itsSecretary (herein after called the First Party) which term shall wherever thecontext so permits means and includes its successors-in-interest and assignsof the one part.

AND Shri/Smt. _______________________________ Aged _______ Years, S/O, D/O,W/O ________________________________ resident of ____________________________P.O.________________________ P.S_____________________ Dist____________________State _________________________ by profession _________________________ (hereinafter called the second party) which term shall wherever the context so permitsmeans and includes its successors-in-interest and assigns of the other part.

WHERE AS, the Governor of Orissa by a deed of lease executed in favourof the first party has demised to the First Party for purpose of buildingapartments and for selling or leasing out those apartments for residentialpurpose, the lands more fully described in the schedule ‘A’ hereto with alleasements and appurtenances if any for a period of 90 years and thus theFirst Party is the lesee in respect of the schedule site and second party herebyacknowledge that he/she has perused the lease-deed and has understood thecontents thereof.

AND WHEREAS, THE FIRST PARTY has constructed ____________________Apartment Housing Scheme, on the Scheduled land and is the owner inpossession thereof;

AND WHEREAS, the First Party has been duly authorized by the Governorof Orissa to transfer of lease out or sell the apartment thereon, according tothe terms and conditions of the lease.

AND WHEREAS, in pursuance of the said apartment Housing Scheme theFirst Party at its own expense has constructed an apartment more particularlydescribed in the Schedue ‘B’ here under and is herein after referred to as “THEAPARTMENT”.

AND WHEREAS, in pursuance of the said Apartment Housing Scheme,the Second Party has applied to the First Party for purchasing the lease holdinterest in the schedule land and with the apartment constructed thereonunder ____________ category on the terms and conditions herein after set forth.

AND WHEREAS, the First Party has agreed to sell the said apartment infavour of the Second Party.

It is HEREBY agreed to between the parties hereto as follows:



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1. That the First Party hereby conveys the ownership of the apartment to theSecond party and/shall deliver possession after execution of theagreement and not later than a week/the Second Party has already beendelivered the possession of the apartment in pursuance of the Agreementfor sale of agreement date_______________

2. That since the second party has already paid the entire sale price of theapartment amounting to Rs.________ (Rupees____________________) only tothe First Party, the Second Party is the absolute owner of the apartmentand becomes a lessee under the Governor of Orissa for the unexpiredperiod of the lease for 90 (ninety) years granted by the Governor of Orissato the First Party and the First Party shall not obstruct the possession orpeaceful enjoyment of the apartment by the Second Party in any manner.

3. That the Second Party shall pay the yearly rents amounting toRs.____________ in favour of Governor of Orissa to be paid half yearly, on28th of April and 8th of Novermber every year subject to any revision ofrent in the office of the Tahasildar, Bhubaneswar or any other place ofplaces as may be appointed by the Governor in that behalf, the first ofsuch payment of rent shall be payable on ____________.

4. That the Second Party shall pay all rents, taxes cesses and other outgoingpayable in respect of the apartment to the State and Central Govt.Bhubaneswar Municipality and other local or public authority.

5. That the Second Party shall not, without the prior written permission ofthe First Party use the apartment for any purpose other than theresidential.

6. That the Second Party shall have no right to transfer by way of sale, gift,mortgage or assignment or sub-let or otherwise part with possession ofthe whole or any part of the said apartment without obtaining the priorwritten approval of the Vice-Chairman, BDA who has been authorized toaccord permission vide G.A. Department Order memo No.6526/CA dated21.06.86.

Provided that in the event of transfer being made without obtaining theprior written approval of the Vice-Chairman, Bhubaneswar DevelopmentAuthority. Such transfer shall be void and it shall be open to the FirstParty to terminate the lease and take immediate possession of theapartment soon after the lease is terminated, the possession of theapartment by the Second Party shall be deemed to be illegal and un-authorised.

Provided further that the Second Party may after expiry of two years fromthe date of execution of this deed request the First Party in writing totransfer in any manner of the apartment and in the event of the writtenapproval being given, the First Party may impose such terms andconditions as it thinks fit.



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7. The Second Party shall not erect or build or permit to erect or build on theapartment other than that hereby sold nor make addition or alteration tothe exiting building at any time except with the written permission of theFirst Party.

If the second party will undertake any construction or additionalconstruction without/deviating the plan approved by BDA (First party),the allotment will liable to be cancelled which will also cause fordetermination of sale deed.

8. That the Second Party shall not do any act or cause any act to be done onthe said apartment which is likely to cause nuisance or disparagement,annoyance or inconvenience to the First Party or to any other person orpersons in the neighbourhood.

9. That the First Party shall not be responsible for any damage to theapartment caused by natural calamities like flood, earth quake, cyclones,or any other act of God and explosion fire, riots etc.

10. That the Second Party shall abide by all the conditions which arecontained in the relevant lease-deed executed between the Governor ofOrissa and the First Party which he has already perused as mentionedearlier.

11. That the Second Party shall abide by all conditions as per the provisionsof the Orissa Apartment Ownership Act-1982 (Orissa Act-1 of 1984).

12. That Second Party shall (other-wise) abide by all rules, regulations and bylaws and other orders/directions that may be issued by the BhubaneswarDevelopment Authorities in pursuance of the provisions contained in theOrissa Development Authorities Act-1982 and (also in) the OrissaApartment Ownership Act-1982 (Orissa Act-1 of 1984) and rules madethere under.

13. That in all matters of doubt concerning interpretations of any of theprovisions of this indenture the decision of the Vice-Chairman,Bhubaneswar Development Authority shall be final and binding on theSecond Party.

IN WITNESSESS WHERE OF THE Parties above named have heretorespectively signed their names on the dates mentioned below their signatures.

Signature of Second Party Signature of the First PartyDate ____________ Date ____________

In the presence of witness In the presence of witness

1. 1.2. 2.



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SCHEDULE ‘A’ ABOVE REFERRED TO

A buildable area of Ac.________ Acres out of the following plots of lands asper drawing No._________________ in the village________________________________P.S._____________________ Dist _________________________

Khata No. Plot No. Area

As per the lay out plan prepared by the Bhubaneswar DevelopmentAuthority of ______________________________ Apartment Housing Scheme underthe Jurisdiction of Dist Registrar of Bhubaneswar, Dist-khurda.

Signature of the Second Party Signature of First Party


An EWS/LIG/MIG-A/B/I/II/HIG Apartment bearing No._________________measuring ______________ sft. Length _____________ fts Breadth ____________ ftsPlinth area of ______________ of ___________________________________ ApartmentHousing Scheme as shown in Plan bearing drawing No.______________.

Prepared by the Bhubaneswar Development Authority, Bhubaneswar fordevelopment of the said apartment Housing Scheme under jurisdiction of theDist. Registrar of Bhubaneswar, Dist-Khurda, Annual rent of ApartmentRs._____________.

Bounded by:

NorthSouthEastWest

Signature of the Second Party Signature of First Party



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Annexure-13

AGREEMENTFOR LICENCE OF OFFICE SPACE (FOR INSTITUTION)

(Under Section-118 of the O.D.A Act, 1982)

This agreement is made at _________ on this ______ day of ________________20________ between Bhubaneswar Development Authority, represented by itsSecretary (hereinafter called “the Licensor”) which expression unlessrepugnant to the context and meaning, shall include its successors,administrators and assigns, of the first part

AND

________________________________________________________________________represented by its _________________ (hereinafter called “the Licencee”) whichexpression unless repugnant to the context and meaning thereof, shall includeits successors, administrators and assigns of the second part.

WHEREAS the premises described in the Schedule-A below with fixtures,appurtenance and effects, belong to the Bhubaneswar Development Authority(hereinafter referred as premises).

AND WHEREAS, the licensor has agreed to grant lease and licence foruse of the said premises specifically described in Schedule ‘B’ (hereinafterreferred to as demised premises) on a monthly licence basis on the followingmutually agreed upon terms & conditions between the parties hereto.

NOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETOAS UNDER:

1. The licencee agrees to take the said premises fully described in theSchedule ‘B’ for a term of _____ months commencing from ____________ ata monthly licence fee of Rs.____________ (Rupees _________________________only)

2. The Licencee shall pay to the Licensor the monthly licence fee within 10th

day of the following English Calendar Month.

3. In addition to the above licence fee payable by the licencee, a refundableinterest free security deposit of Rs.__________________ (towards Electricity),totaling Rs.___________ (Rupees ____________________________________ only)deposited by the licencee with the licensor will continue to be retained bythe licensor until the licence is in force.

4. The licencee shall be a member of _____________________________________Association and will deposit the maintenance charges with them as will bedecided by the Said Association from time to time and shall abide by rulesand regulations of said Association.



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5. The rates & taxes/inspection fees and all such Govt. dues will be paid bythe licencee fully/proportionately on demand.

6. The licencee will submit the required certificate in support of theirdeposits made towards TDS from the licence fees, for submission ofreturns by BDA.

7. The licencee will pay the service taxes over & above the licence fees ofRs._____________ (Rupees __________________________________________ only)per month @ 12.36% or any other rate as applicable from time to time.

8. It is hereby expressly agreed that the licencee is to pay interest at the rateof 14% per annum of the defaulted amount for days of default period orpart thereof in addition to the right of the licensor to terminate thelicence. It is further expressly agreed that if the licencee continues todefault for a continuous period of three months, the licence shall standautomatically determined and on determination, the licencee will bebound to deliver vacant possession of the same to the licensor andlicensor shall have the right to enter and take possession of the licensedpremises.

Provided further that if the licencee fails to deliver vacant possession, afterdetermination of licence for whatsoever reason, then it shall be treated asa trespasser & shall be liable to pay damages for use and occupation ofthe premises after determination at the rate equivalent to licence fees notexceeding monthly licence fee and also be liable to penalty till it vacatesvoluntarily or by process of eviction proceeding under the provisions ofOrissa Public Premises (Eviction of Unauthorized Occupants) Act.

9. Any arrear on account of monthly licence fee together with penaltyimposed including penalty, damage charges and energy charges etc. forsuch default shall without prejudice to any other mode of recovery berecoverable as arrears of land revenue under Orissa Public DemandsRecovery Act.

10. The licencee shall pay the electricity charges for consumption of electricityas per meter reading/minimum charges at rates charged by the CentralElectricity Supply Utility (CESU) from time to time. The electricinstallations are subject to the following terms:-

The licencee has paid the security deposit and service connection chargesof Rs.25, 000/- towards electricity service connection to the premises.

The licencee agrees that no interest will be claimed on the security depositmade towards such service connection for the premises.

The licencee agrees to pay the monthly energy charges for the premises onreceipt of the demand from the ______________________________ Occupant’sAssociation being followed presently based on the load census conducted



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on ____________and on such connected load as determined during thefresh load census to be conducted in future.

The licencee, if defaults, in paying the energy charges for consecutivelythree demand notices, on receipt of intimation from the society, theservice connection to the premises will be disconnected by the licensor.

The licencee agrees to pay the extra charges as fixed by the licensortowards re-service connection amounting to Rs.100/- to the licencedpremises on his written request and subject to clearance of up-to-datedues.

The licencee agrees not to use any inflammable material/article which willcause hazard to life and property.

The licencee agrees to maintain properly all the electric installations madein the licenced premises and licencee shall be liable for damages.

The licencee agrees to all the terms and conditions as fixed from time totime and the same is binding on the licencee.

If the licencee fails to pay the dues on the date fixed for such payment inaccordance with this agreement, the same shall be recoverable as arrearsof land revenue.

11. The licencee shall pay all dues payable to the licensor in shape of AccountPayee Draft/Pay Order drawn in favour of the B.D.A. or as otherwisedirected in writing in advance.

12. The licencee shall not be entitled to sub-let or transfer or mortgage thepremises or to amalgamate the licenced premises with any otherpremises. The licencee shall not make any alteration or addition to thelicenced premises or make any opening without prior written permissionof the licensor. In the event of such permission being granted, theaddition and alteration would be in accordance with the permission.

13. The licencee shall always maintain the inner premises in good conditionand shall white wash the licenced premises once in a year and shallcause all minor repair, replacement of minor fittings done and shallmaintain the premises and its surroundings in perfect condition at itscost. The decision of the licensor in interpretation of the term “minorrepairs and replacement of minor fittings” shall be final and binding onthe licencee.

14. That the licensee shall not use any part of the licenced premises for thepurpose other than those specified in the licence and mentioned inSchedule-B. At any time during the term of the licence, the licencee shallnot carry on or permit to be carried on any offensive or objectionableactivity, trade or business in and around the licenced premises, which islikely to affect public health, public moral and spoil environment or



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becomes nuisance, disparagement, annoyance or inconvenience to thelicensor or to other licensee in the neighbourhood. Carrying on any illegaland prohibitory trade or storing of any combustible, inflammatory,explosive, perishable and semi-perishable goods would be treated asobjectionable activity, trade or business if not discontinued to thesatisfaction of the licensor within seven days of service or notice to thiseffect.

15. That the licencee will observe all the legal or statutory requirement forcarrying on the activity, the licensor indemnified against all the losses,responsibilities and damages on account of the licensee carrying on suchactivity, trade or business.

16. The licensor shall stand indemnified against all actions, claims, demandsand expenses on account of any breach by the licencee or any of theterms of this agreement.

17. The licensor shall not be responsible for any loss or damage to licencee,whatsoever on account of any accident, theft, robbery, fire, rioting,natural calamities etc.

18. The licensor or its authorized representative shall have the right to haveaccess to the licenced premises for inspection or for any other lawfulpurpose.

19. That if the licensor, at any time before the expiry of this agreement,desires to resume the premises for any public purpose, the licencee shallvacate it within 3 (three) months from the notice in writing thereof. Onsuch vacation of premises, the licencee shall be entitled to the refund ofthe security deposit after deduction of all the dues, in accordance with theterms and conditions of the agreement.

20. That if the licence of the premises, is obtained by any mis-representation,mis-statement, fraud or if there is any breach of the conditions of theagreement, the licence shall be terminated and the licencee shall not beentitled to any compensation, whatsoever. Upon termination of thelicence, it shall be lawful for the licensor or its authorized officer to openand enter into the premises and put out the goods and belongings of thelicencee without making the licensor or its agent liable for any loss ordamages whatsoever.

21. Upon termination of the licence or on expiry of the term, the licencee shallmake over vacant possession of the premises including the fixtures,appurtenances and other effects in good conditions (reasonable wear andtear excepted) to the licensor, failing so, the licensor shall recover from thelicencee the amount needed for putting the fixtures, appurtenances,effects in the condition mentioned above. The occupation of the premisesthereafter by the licencee shall be treated as unauthorized one.



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22. If the licencee duly observes and performs the conditions and covenantsherein contained and applied in writing to the licensor not less than 3(three) months, prior to the expiration of the terms of the licence, thelicensor may renew the licence for another term of three years on suchterms and conditions as may be decided. Provided further, the renewalshall not be considered as continuous to previous licence, but shall be afresh licence.

23. It is further agreed that the licensor reserves the right to enhance thelicence fee at the end of every _______ year at the rate of ______ % of thelicence fee. If the fresh licence agreement is not executed after expire ofagreement period for any unavoidable reason it will be accepted by theparties that the period of licence has been extended with the existingterms and conditions with enhanced licence fee increasing ______% on theexisting licence fees till the afresh licence agreement is executed.

24. It is specifically agreed between the parties that during continuance of thelicence or during possession of the licencee after termination of thelicence, the licencee shall not disfigure the walls of the premises by meansof sticking posters or painting on the walls or otherwise. Anyadvertisement by the licencee without permission of the licensor found inthe premises shall be considered a violation of the conditions of thisagreement. The defaulter shall be liable to compensate the licensortowards removing such disfigurement of the building.

25. The licence shall be terminable on the part of either the licensor orlicencee by 3(three) months notice in writing. Prior to giving such notice,the licencee shall clear all the dues due to the licensor.

26. That the despatch of any letter, notice etc. from the office of the partiesthrough post, at the address mentioned in this agreement shall bedeemed to have been duly and sufficiently served on the other party aftera reasonable time, which normally is taken by the postal department fordelivery notwithstanding its non-delivery because of one reason or theother. In addition to above, it shall also be lawful for the parties to serveany letter, notice etc. by personal delivery in the presence of two witnessesand such service shall also be lawful and sufficient.

27. An agreement not executed in accordance with Section-118 of the OrissaDevelopment Authority Act, 1982 will not be binding on licensor.

28. For breach of any condition as mentioned above, the licence shall standdetermined automatically. Occupation of the premises, afterdetermination would be treated as unauthorized occupation.

29. The licensor shall pay regularly the land revenue, Municipal Tax and anyother taxes of every description for the licensed premises without anyburden on the licencee.



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30. The licensor shall not exceed consumption of electricity beyond the limitas will be decided by BDA after load census etc.

31. The licensor will provide water supply for the licensed premises and thelicencee shall pay the water charges.

32. The licencee shall participate in the running of the building associationformed and abide by its rules, regulations and bye-laws.

33. The licensor shall insure the premises with a recognized insurancecompany. However, the licencee shall insure for their own assets.

34. Any dispute arising out of or relating to this Agreement shall be settledthrough mutual discussion failing which the same shall be subjected toCourt of Law. This deed has been executed at Bhubaneswar and Courts ofBhubaneswar and High Court of Orissa shall have jurisdiction in thematter.

35. After expiry of the licence or soon after determination of the licence, thelicencee shall not claim any right over the premises and if it fails to delivervacant possession it shall be treated as an unauthorized occupant till thedate of vacation and shall be liable to pay damages as provided in theprovision of Clause-8 of the agreement.

IN WITNESS WHEREOF the said licensor (Secretary, BDA) and thelicencee (____________________________________) have hereto put their hands onthe day, month and year first hereinabove written.

Licencee Licensor

Witness: Witness:

1. 1.

2. 2.



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SCHEDULE–A

The ____________________________ having an area measuring _____________Acres (__________Sq. Ft.) located in Mouza ____________________ Bhubaneswaras per Bhubaneswar Development Authority lay out plan Drawing No.______________.

SCHEDULE–B

The office space bearing No.___________________ in _______________________Official complex measuring super built of area ______________Sq. Ft. and plintharea _____________ Sq. Ft.,

Licencee Licensor

Witness: Witness:

1. 1.

2. 2.



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Annexure-14

AGREEMENTLICENCE OF COMMERCIAL/OFFICE SPACE (FOR INDIVIDUAL)

(Under Section-118 of the ODA Act, 1982)

This AGREEMENT MADE on _______ day of __________________ 20 ________BETWEEN the Bhubaneswar Development Authority represented by itsSecretary (herein called “the licensor”) of the first part;

AND

Sri/Smt/Ms._________________________________________ Son of / Daughterof/wife of ______________________________________________ (Permanent Address)At_______________________ P.O.____________________ P.S._______________________Tahasil____________________ Dist______________________ State__________________at present address __________________________________________________________(herein called “the licensee”) of the Second part.

AND WHEREAS, the licensor desires to give licence of the premisesdescribed in the schedule ‘A’ below with fixture appurtenances and effectsbelonging to the Bhubaneswar Development Authority hereinafter referred toas the premises, for use of the said premises on a monthly licence basis;

AND WHEREAS the licensee agrees to take the said premises fullydescribed in the schedule for the term of __________ years, commencing fromthe ______________ at a monthly licence fee of Rs. _____________ (Rupees ____________________________________) only with the following terms and conditions :-

1. Monthly licence fees:

1.1 The licensee shall pay the prescribed monthly licence fee within the10th day of each subsequent calendar month. In case of default ordelay, the licensee shall pay interest @ 14 % per annum compoundedfor the defaulted amount on the period of delay.

1.2 It is further agreed that the licensee shall pay licence fee in theenhanced rate to be increased @ 10% on the existing licence fee aftercompletion of every ____ year.

2. Security deposit:

The licensee shall deposit a sum of Rs. ______________ (Rupees ___________________________________) only before execution of the agreement, towardssecurity deposit, which shall carry no interest and liable to be forfeited incase of violation / breach of any of the conditions of the agreement.

3. Energy charges:

3.1 The licensee agrees to pay the monthly energy charges for thepremises on receipt of demand from the licensor within the stipulatedtime specified in the notice.



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3.2 The licensee shall pay the security deposit and service connectioncharges of Rs.__________ (Rupees __________________________________)only towards provision of electric service connection to the premises.

3.3 The licensee shall deposit Rs.____________ (Rupees ____________________________________) only towards. S.D., for such service connection,which will be refunded without interest after payment of all dues andpeaceful handing over of possession of the premises to the licensor.

3.4 In case of default in payment of the energy charges within the timestipulated, the licensee shall pay the penalty @ fixed by CESUalongwith Rs.200/- per month.

3.5 If the energy charges are not paid by the licensee for a periodexceeding 60 days, the licensor may disconnect the electricconnection without intimation to the licensee and any outstandingdues shall be adjusted towards security deposit furnished by thelicensee. Any residue left it shall be recovered as a due under theagreement and shall recover in the process laid down here in theagreement.

3.6 The licensee shall pay the additional charges as determined by thelicensor towards re-electrification of the premises, which shall besubject to the written request being made by the licensee for thepurpose and clearance of all dues including monthly licence fees.

3.7 Without prior permission from the licensor, the licensee agrees not toadd by way of installation any electric point in the premises.

3.8 The licensee shall not without authorization supply and provideelectricity outside of the premises.

3.9 The licensee shall maintain properly all the electric installation madein the premises. He shall be liable for any damage to the installationcaused due to lack of proper maintenance.

3.10 If required the licensee shall obtain electricity and water connectionfrom the concerned Agency/Deptt. at his own expense.

4. Mode of payment:

All dues payable to the licensor shall be paid either in shape of AccountPayee Bank Draft/Pay order drawn in favour of BDA or in shape of cashdeposited in the Oriental Bank of Commerce, BDA Branch located in BDAoffice premises or otherwise stipulated from time to time.

5. Interest:

The licensee shall pay interest @ 14% annual compounded of the defaultamount for every thirty days of default period or part thereof.



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6. Terms & conditions of license:

6.1 The licensee shall not be entitled to sub-let or transfer or mortgagethe premises or to amalgamate it with any other premises.

6.2 The licensee shall not make any alteration or addition to thepremises or make any opening without the written permission of thelicensor. Any such alteration and addition shall be strictly inaccordance with the permission granted and in the event of anydeviation of such permission shall entitle the licensor to cancel thelicense and to resume the premises in the mode prescribed underlaw.

6.3 The licensee shall always maintain the premises in good conditionand shall cause all minor repair, replacement of minor fittings andmaintain the premises and its surroundings in perfect condition athis cost. The decision of the licensor in interpretation of the term“minor repairs” and “replacement of minor fittings” shall be final andbinding on the licensee.

6.4 The licensee shall not use any part of the premises for the purposeother than those specified in the license and mentioned in Schedule-B. The licensee shall not carry on or permit to be carried on anyoffensive or objectionable activity, trade or business in and aroundthe premises, which is likely to affect public health, public moral andspoil environment or becomes nuisance, disparagement, annoyanceor inconvenience to the licensor or to other licensee in theneighborhood carrying on any illegal and prohibitory trade or storingof any combustible, inflammatory, explosive perishable and semiperishable goods would be treated as objectionable activity.

6.5 The license shall stand automatically terminated if the offensiveobjectionable activity, trade or business is not discontinued to thesatisfaction of the licensor within seven days of service of notice tothis effect. The decision of the licensor, as to what is offensive orobjectionable activity, trade or business, shall be final and binding onthe licensee and shall not be questioned in any court of law.

6.6 That the licensee will observe all the legal and statutory requirementsfor carrying on the activity, trade or business, as the case may be,and shall keep the licensor indemnified against all the lossess,responsibilities and damages on account of the licensee carrying onsuch activity, trade or business.

6.7 The licensor shall stand indemnified against all actions, claims,demands and expenses on account of any breach by the licensee ofany of the terms of this agreement.



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6.8 The licensor shall not be responsible for any loss or damage tolicensee. Whatsoever on account of any accident, theft, robbery, firerioting, natural calamities etc.

6.9 The licensor or its authorized representative shall have the right tohave access to the premises for inspection or for any other lawfulpurpose.

6.10 In the event the licensor requires the premises for any public purposeand / or for any of its purpose shall require the licensee in writing tovacate the premises within 3 months from the date of the noticeissued and in such event the licensee shall comply the same withoutfail and for the aforesaid purpose the licensee shall be entitled to getrefund of the security deposit after deduction of any due(s) payable tothe licensor and in such event the licensee shall also be entitled totake away all his / her assets available in the premises withoutcausing any loss to the structure of the premises and in the event offailure on the part of the licensee to comply the notice the licensorshall proceed in accordance with law to resume possession at thecost and risk of the licensee and on such terms and conditions inrespect of the penalty, interest additional charges specified in theagreement.

6.11 The licensee may insure the premises with any recognized InsuranceCompany to indemnify any loss specified in Cl-VII of the agreementand in such event the licensee shall furnish the detail particularscover note / policy issued by the company.

6.12 It is specifically agreed between the parties that during continuanceof the licence or during possession of the licensee after termination ofthe licence, the licensee shall not disfigure the walls of theBhubaneswar Development Authority building by means of stickingpostures or painting on the walls or otherwise. Any advertisement bythe licensee without permission of the licensor found in the buildingshall be considered a violation of the conditions of this agreement.The defaulter shall be liable to compensate the licensor towardsremoving such disfigure of the building and his licence may also beterminated.

6.13 The premises should function within two months from the date oftaking over possession, if the premises, does not start functioning, itshall be open to the licensor to determine the licence.

6.14 That the dispatch of any letter notice etc. from the office of thelicensor through post, at the address mentioned in this agreement orsubsequently notified by licensee in writing to the licensor, shall bedeemed to have been duly and sufficiently served on the licenseeafter a reasonable time, which normally is taken by the postaldepartment for delivery notwithstanding its non-delivery because ofone reason or other. In addition to above, it shall also be lawful for



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the licensor to serve any letter notice etc. by personal delivery to thelicensee or by affixture on the outdoor of the premises described inSchedule-B in presence of two witnesses and such service shall alsobe deemed to be lawful and sufficient.

6.15 In case of any dispute in connection with and/or arising out of theagreement shall be resolved mutually. In the event of any disputeremain unsettled shall be referred to the Vice-Chairman, BDA asarbitrator whose decision shall be final and binding to the parties.

6.16 In agreement not executed in accordance with the section-118 of theOrissa Development Authority Act, 1982, will not be binding onlicensor.

6.17 If any dispute arises out of and/or in connection with the contractshall be within the jurisdiction of Bhubaneswar Civil Court only.

6.18 It is further agreed that the terms the “licensor” and the “licensee”herein used shall unless repugnant to the context include as well,the administrators, successor or assignees of the respective parts.

7. Other terms & conditions:

7.1 The Authority/Licensor reserves the right to make such alterations,additions or modification in the terms and conditions as may beconsidered just and expedient.

7.2 In case of any dispute regarding interpretation of these terms andcondition, the decision of the Vice-Chairman of the BDA shall be finaland binding.

7.3 Any dispute between the licensor and licensee shall be subject to theterritorial jurisdiction of the Civil Courts housing jurisdiction overBhubaneswar only.

7.4 If the licensee commits any act or omission on the premises resultingin nuisance, it shall be lawful for the licensor to ask the licensee toremove the licensee within a reasonable period failing which thelicensor shall itself get the nuisance removed at the licensee’s cost.

7.5 The licensee shall pay all taxes/charges leviable from time to time byany other Authority under any law in force.

8. Termination of the license:

It shall be lawful for the licensor to terminate the licence in any of thefollowing eventualities.

8.1 If the monthly license fee or any part thereof remains unpaid evenafter a period of 60 days from the date it became due.



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8.2 The licence shall be terminable on the part of either licensor orlicensee by one month’s notice. Prior to giving such notice, thelicensee shall clear all the dues due to the licensor.

8.3 For breach of any condition as mentioned in the agreement, thelicence shall liable to be determined on service of a 15 days notice inthe address of licensee specified in the agreement. Occupation of thepremises, after determination would be treated as unauthorizedoccupation.

8.4 If the licence of the premises is obtained by any mis-representation,mis-statement, fraud or if there is any breach of the conditions of theagreement, the licence shall be terminated and the licensee shall notbe entitled to any compensation, whatsoever. Upon termination oflicence, it shall be lawful for the licensor or its authorized officer toopen and enter into the premises and put out the goods andbelongings of the licensee without making the licensor or its agentliable for any loss or damages whatsoever.

9. Resumption of the premises:

9.1 The licensee shall be bound to deliver vacant possession of thepremises and the license shall have the right to enter and takepossession of the premises.

9.2 If the licensee fails to deliver vacant possession of the premises, heshall be liable to pay damages for unauthorised use and occupationof the premises at the rate equivalent to double the monthly licensefee till the licence vacates the premises.

9.3 The licensee on failure to handover possession of the premisesvoluntarily shall be evicted from premises by initiating proceedingsunder the provisions of the Orissa Public Premises (Eviction ofUnauthorised Occupants) Act.

9.4 The default licence fees, interest thereon, damages etc shall berecoverable as arrears of land revenue under the Orissa PublicDemands Recovery Act and / or any mode prescribed under commonlaw forum.



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SCHEDULE-A

The ____________________________________________________ building locatedin the aforesaid area measuring _______________ in Plot No._______________ inMouza ______________________ Bhubaneswar as per Bhubaneswar DevelopmentAuthority lay-out plan drawing No.

SCHEDULE-B

The shop/office space bearing No.____________________ in the ___________________________________ measuring _____________ sft. on West _________________on East ________________ on North ________________ on South ________________

IN WITNESS WHEREOF the said licensor ________________________________and the licensee ____________________________________ have hereto respectivelysigned at Bhubaneswar on the dates appearing below their signatures.

Licencee Licensor

Witness: Witness:

1. 1.

2. 2.



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Annexure-15

INDENTURE FOR SALE

THIS INDENTURE made on this the _______ day of __________________ twothousand ________ Between Sri/Smt. ___________________________________ agedabout _______ years son/wife/daughter of ____________________________________resident of village _______________________________ PO ________________________PS _______________________________ District _____________________________ State__________________________ at present ________________________________________(here in after called “the transferor”) of the First part.

AND Sri/Smt _________________________________ aged about ________ yearsson/wife/daughter of ______________________________________________ of village______________________________________ PO ________________________________ PS____________________________ in the District of __________________________ State__________________ At present ________________________________________________(here in after called “the transferee”) of the Second part.

AND BHUBANESWAR DEVELOPMENT AUTHORITY, a statutory bodycorporate constituted under the Orissa Development Authorities Act, 1982(Orissa Act-14 of 1982) represented by its Secretary (herein after called “theBDA”) of the Third part.

WHEREAS the transferor had taken lease of the plot with house forresidential purpose mentioned in the Schedule annexed here to from theBhubaneswar Development Authority under the terms and conditions of theregistered lease-cum-sale deed dated the ___________________ 20 _____ and is inpossession of the same.

AND WHEREAS Transferor being a person belonging to a ScheduledTribe/Scheduled Caste certificate as required under section-22 of the O.L.R.Act 196 for sale is produced and attached to this indenture.

AND WHEREAS the transferor is desirous of selling the said property withall rights and obligations to the transferee for a consideration of Rs.___________(Rupees_____________________________________) with the prior permission of theBhubaneswar Development Authority which is delegated with the authority toaccord such permission on behalf of Governor of Orissa.

AND WHEREAS the transferee is willing to purchase the said property forthe said consideration and agrees to remain bound by all the terms, conditionsand convenents of the aforesaid lease-cum-sale deed executed between thetransferor and the BDA the contents where of the is aware of and undertakesall obligations and liabilities of the transferor under the said lease-cum-saledeed and in consideration where of the B.D.A. has permitted this transfer bythe transferor in favour of the transferee.



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NOW THESE PRESENT WITNESSES and the parties hereto hereby agreeas follows:

1. That all rights, benefits and concessions existing in favour of the transferorunder the said lease shall cease from this day shall accrue in favour of thetransferee and the transferor hereby acknowledge the receipt of theaforesaid consideration of Rs.____________ (Rupees _______________________)from the transferee and transfers all his rights, titles and interest in thesaid property together with all its ceasement and hereditaments to thetransferee and puts him in possession of the same.

2. That no obstruction of obstacle shall ever be put by the transferor or at hisinstance to the peaceful enjoyment of the said property by the transferee.

3. That unless there is anything repugnant to the subject or context theexpressions “Transferor” and “Transferee” herein before used shall includetheir, heirs, representatives, and assigns and the expression“Bhubaneswar Development Authority” shall include its successors andassigns.

IN WITNESS WHEREOF the parties hereto have put their hands and sealon the dates mentioned below their respective signatures. The duplicate istrue and exact copy of the original.

SCHEDULE

District :Location : Plot No. :House No. : New Capital, BhubaneswarArea : Rent :

Bounded By:

North : South : East : West :



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In the presence of

Witness:

1.Signature of the Transferor

2.

1.Signature of the Transferee

2.

In the presence of

Witness:

1.Signature of the Third Party

2.



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Annexure-16

APPLICATION FORM FOR PERMISSION TOTRANSFER/CHANGE OF ALLOTMENT OF HOUSE/SHOP/PLOT

LEASED TO THE ALLOTTEES BY BRIT/BDA

1. (i) Name of the allottee applicant(Transferor):

(ii) Permanent Address:

(iii) Present Address:

(iv) Scheme & House/Plot/Shop No.:

(v) Date of registration lease-deed/Agreement: If registered, copy of the deed be submitted

(vi) Whether addition/alteration has been made To the scheme house/plot/shop and if Permission was taken for the same. Mention particulars Permission if obtained. (This is not applicable for pre-possession transfer of assets).

2. (i) Name of transferee:

(ii) Permanent address:

(iii) Present address:

3. Reason of transfer:

(i) Mode of transfer (sale/gift)

(ii) Value of transfer

1. Annual income of transferee from all sources: (To be mentioned in the affidavit in details)

2. Whether affidavit by the transferee declaring That Neither He/she nor any of his/her family members has any land/House/shop within the jurisdiction of Bhubaneswar Municipal area is enclosed.



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3. Whether processing fee paid, if so, quote the Bank

Challan No. and date.

7. Whether willing to abide by the terms and conditions of lease deed.

4. Date of allotment:

5. Date of possession:

6. File No.

Signature of applicant

Date:

DECLARATION

I declare that the above particulars furnished by me are true to the best ofmy Knowledge and belief.

Signature of applicant

Date:



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Annexure-17

CHECK LISTSCRUTINY OF ITEMS FOR CHANGE OF ALLOTMENT/

OWNERSHIP IN POST-POSSESSION CASES

Registration No. _________________ Dt_____________

1. Name of the Scheme :

2. Plot/House/Shop/Pindi/SCR Restaurant/Office/ Space No.:

3. Whether two years have passed from the date of possession:

4. Date of handing over of possession:

5. Whether all dues of BDA have been Paid by the original allottee:

6. Whether required affidavit submitted both transferor and transferee:

7. Whether processing fee paid : If so, the MR NO. & date

Amount paid Required amount

8. Whether agreement papers/lease deed surrendered:

9. Whether non encumbrance certificatefrom DSR/ SR submitted :

10. Whether passport size photographs of transferor and transferee submitted:

11. Whether undertaking inshape of affidavit furnished by the transferee for payment of outstanding dues, if any :

12. Whether Holding tax receipt and Ground rent receipt submitted :



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13. Whether undertaking submitted by the transferor that the amount deposited against the asset shall stand transferred infavour of the transferee :

14. Whether the allottee has submitted an Indemnity Bond:

15. Whether sale tax clearance certificate Submitted in case of commercial assets :

16. Whether any additional construction made beyond the approved plan :

17. Any UAP Case is initiated or not:

Certified that detailed scrutiny has been done and all the conditions andpre-requisities have been satisfied for transfer of assets. Further certified thatno application is pending for process prior to this case.

Dealing Assistant Section Officer Allotment Officer



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Annexure-18


No.________/BDA, Bhubaneswar, Date__________

OFFICE ORDER FOR CHANGE OF ALLOTMENT(BEFORE DEED)

Allotment of __________________ under ___________________________________scheme made in favour of Sri/Smt.__________________________________________,S/O,D/O,W/O,H/O _____________________ of Village _____________________ Post__________________________ PS __________________________ Dist_________________is hereby changed to the name of Sri/Smt.___________________________________S/O,D/O,W/O,H/O __________________________ of Village _____________________Post ________________________________ PS ________________________________ Dist__________________________ subject to condition that he will abide by terms &conditions of the scheme as well as lease-deed.

By order of Vice-Chairman

Allotment Officer

Memo No.________/BDA, Bhubaneswar, Date__________

Copy to _________________________________________________ for information.

Allotment Officer


Copy to ________________________________________________________________for information & necessary action. He/She is requested to come to this officeon any working day with Lease deed form (Building with plot of land/Plot ofland for commercial purpose) available in BDA Counter on payment of requiredfee duly filled in for execution.

Allotment Officer



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Copy to E.O, BMC / Tahasildar, Bhubaneswar / Exe. Engineer (Elect),Bhubaneswar / Asst. Engineer, PH (Rent), Bhubaneswar for information &necessary action.

Allotment Officer


Copy to F&A-I & II Section, BDA for information.

Allotment Officer



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Annexure-19



OFFICE ORDER FOR PERMISSION FOR TRANSFER OFOWNERSHIP (AFTER DEED)

Permission is hereby accorded in favour of ______________________________to transfer the house No._______________ under _______________________________Scheme to _____________________________ by way of sale subject to conditionthat the transferee will abide by the terms and conditions of the scheme aswell as indenture for sale.


Allotment Officer

Memo No.__________/BDA, Bhubaneswar Date ____________

Copy to ________________________________________________________________for information. She is requested to purchase forms of Indenture for saleavailable in BDA Counter on payment of required fees along with requiredstamp paper in consultation with concerned D.S.R., Bhubaneswar and bepresent with the transferee in this office on any working day for execution.

Allotment Officer


Copy to _________________________________________________for information.

Allotment Officer


Copy to F&A-I & II Section for information.

Allotment Officer



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Annexure-20



OFFICE ORDER FOR CHANGE OF ALLOTMENTBEFORE DEED (POST POSSESSION)

A Commercial Plot bearing No.____________ under _______________________Scheme at _______________________________________ has been allotted in favor of____________________________________. In the meantime he has applied for post-possession change of allotment in favour of__________________________________.Considering his request, the Commercial Plot No. ____________________under__________________________Scheme along with all the deposited amount againstthe said plot is changed/transferred to the name of __________________________from the name of ___________________________________under the same termsand conditions of the scheme as well as brochure.


Allotment Officer


Copy to _________________________________________________for information._______________________________________ is requested to apply in the prescribedform (brochure) available in BDA Information Counter on production of depositchallan of Rs.100/- in OBC, BDA Branch, Bhubaneswar for record andreference.

Allotment Officer


Copy to F&A-I&II for information and necessary action.

Allotment Officer



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Annexure-21



OFFICE ORDER FOR CHANGE OFALLOTMENT/TRANSFER OF OWNERSHIP (IN DEATH CASE)

A house bearing No._______________ under _______________________________Scheme, Bhubaneswar was allotted in favour of _____________________________.Consequent upon her death and basing on the Legal heir certificate/DeathCertificate, the ownership/allotment of the said house is hereby transferred/mutated from the name of deceased allottee __________________________________to her one legal heir _____________________________________ subject to conditionthat B.D.A. shall not be held responsible in any manner in case of anydisputes arised in any court/ Forum for this transfer/mutation. Also he willabide by the terms and conditions in the brochure as well as Lease deed.


Allotment Officer


Copy to ________________________________________________ for information.

Allotment Officer


Copy to F&A-I&II Section, BDA for information and necessary action.

Allotment Officer



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Annexure-22

CHECK LIST FOR PROCESSING NOC

1. Name of the allottee :

2. Name of the Scheme :

3. Date of application :

4. Name of the Bank :

5. Amount of loan applied :

6. Whether 1st mortgage/2nd mortgage :

7. If 2nd mortgage clearance from 1st

Party obtained or not :

8. Details of asset :

9. Cost of asset (original cost) :

10. Processing fee amount :

11. Possession taken over or not : Yes/No

12. Lease deed executed or not : Yes/No

13. Nature of encroachment (as per Land Section report)/deviation/ Unauthorized construction : Yes/No

14. In case of deviation/unauthorised Security deposit amount : Rs.

Undertaking furnished or not : Yes/No

15. UAP case initiated or not : Yes/No

Dealing Assistant Section Officer Allotment Officer



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Annexure-23



OFFICE ORDER FOR NOC (BEFORE DEED)

To ______________________________ ______________________________ ______________________________

Sub: Issue of No Objection Certificate in respect of House No. ________________under _________________________________________Scheme, Bhubaneswar.

Sir,

With reference to the subject cited above, I am to say that, BDA has noobjection to mortgage House No. ______________ under ________________________scheme in favour of ______________________________________ subject toexecution of tripartite agreement.

The original cost of the house was Rs._________________ (Rupees _____________________________________________________) only during the year ___________.

The land over which the scheme undertaken is Govt. lease hold land andfree from all encumbrances.

Yours faithfully,

Allotment Officer


Copy to Manager, _______________________________________________________for information & necessary action. Sanction of loan and its recovery is theresponsibility of the Bank and BDA shall not be held responsible if any disputearises on this account.

Allotment Officer



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Annexure-24



OFFICE ORDER FOR NOC (CONDITIONAL)To ______________________________ ______________________________ ______________________________

Sub: Issue of NOC in respect of House No. ____________________________ under______________________________________________________________ Scheme.

Sir, With reference to your application dt._____________, I am direct to informyou that BDA has no objection to mortgage the House No. ____________________under __________________________________________________ Scheme, in favour of_____________________________________________________________ bank subject tocondition that Bank will deposit the amount in BDA directly/or will send theBankers cheque/B.D directly subject to execution of tripartite agreement. Theoutstanding dues of the above house is Rs.___________________________ (Rupees__________________________________________________) only as on _______________.

The land over which the scheme is undertaken is Govt. lease hold landand it is free from encumbrances.

Yours faithfully,

Allotment Officer


Copy to Manager, _____________________________________________________for information and necessary action. Bank is requested to send thedraft/Bankers cheque directly to BDA. Sanction of loan and recovery of thesame is the responsibility of the said Bank. If any litigation arises out of thesame in future, BDA is no way responsible for the same.

Allotment Officer



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Annexure-25


No.__________/BDA, Bhubaneswar Date____________

GRANT OF PERMISSION FOR MORTGAGE

To ______________________________ ______________________________ ______________________________

Sub: Grant of permission to mortgage the house/shop/plot/SCR/Pindi No._______________ under ___________________________________________ Scheme.

Sir/Madam,

With reference to your application dt.____________ on the above subject Iam to say that you are allowed to mortgage the house/plot No.________________under _______________________________________ Scheme of BDA in favour of_________________________ for securing loan subject to the following condition.

(i) That he/she will be liable for action for violation of the terms andconditions of the lease and in the event the aforesaid bank andcorporation can only claim their mortgage due so far is the lessess’sinterest in concerned and no beyond.

(ii) That in case of default in payment of the loan by the lesse the said______________ shall get clearance from the lessor(Govt. B.D.A) beforeputting the mortgage property to sale and in the event of said propertybeing sold the purchaser shall execute a deed of agreement in the form tobe indicated by the lessor(Govt.BDA) to abide by the terms and conditionsof the original lease deed for the remaining period of the lease.

(iii) In case of default of repayment of loan by the lessee the said _____________may auction the entire property and not portion thereof and after recoveryof their dues pay the balance to the original lessessSri/Smt.________________________________.

(iv) Individuals who are not eligible to get lease of land at Capital,Bhubaneswar under the principals governing the grant of lease of land ofBhubaneswar shall not be eligible to take part in the auction sale of themortgage property.



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(v) The original cost of the asset was Rs.__________ (Rupees ________________).

Yours faithfully,

Allotment Officer

No.__________/BDA, Bhubaneswar Date____________

Copy to ____________________________________________________________________________________________________________________________________________.

Allotment Officer



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Annexure-26

RECORD OF STATEMENT

Statement of Sri/Smt.___________________________________________ allottee

of House/Plot/Shop/Pindi/SCR No.___________________________________ under

_____________________________________________________________________Scheme.

I Sri/Smt.________________________________________________S/O,W/O,D/O

___________________________________________________ Address__________________

___________________________________________________________________________ is

an allottee of house/plot/shop/SCR/Pindi No. _________________________ under

_______________________________________________ Scheme. I proposed to sale the

above asset to Sri/Smt._______________________________________ I have received

consideration money from Sri/Smt _______________________________________ for

the above purpose. I have not biased by anybody else to sale the said asset to

Sri/Smt ______________________________________ I or family members of original

allottee have no claim over the said assets in future.

Recorded by me

Signature of transferor

Allotment Officer



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Annexure-27(Form No.A)



NOTICE FOR DEFAULT

To ___________________________ ___________________________ ___________________________

Sub: Default in payment of installment towards the price of the House No.___________ EWS/LIG/MIG/HIG/Apartment/Shop/Shop-cum-Residence/kisok of _____________________________________________ Scheme.

Sir/Madam,

You have defaulted in the payment of _____________ monthly installmentsfor the above house with land/apartment/Shop/Shop-Cum-Residence/Kioskfor a total amount of Rs.______________ till the end of _________________ 20____according to the agreement. Please note that you have rendered yourself liableto pay penal interest as would be due @ ___________ on the defaulted amount.The default may entail determination of the agreement resulting in withdrawalof the allotted house/apartment/shop/shop-cum-residence/kisok from you.

You are requested to clear the arrear dues on or before ________________to obviate penal action.

Thanking you.

Yours faithfully

For Bhubaneswar Development Authority



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Annexure-28(Form No.B)By Regd. post



NOTICE FOR DETERMINATION OF AGREEMENT

To ___________________________ ___________________________ ___________________________

Sub: Default in payment of installments towards House No. ____________under____________________________________________ Scheme.

Sir/Madam,

You have defaulted in payment of installments due @ Rs._____________/-(Rupees___________________________________________________only) as per monthtowards the price of above mentioned house with land despite issue of notice.Up to date ________________ installments dues amounting to Rs. __________have been defaulted.

Please take notice that if the installments due from you upto_____________ are not paid together with interest to Bhubaneswar DevelopmentAuthority on or before ______________ the Bhubaneswar Development Authoritywill determine the agreement under clause- ____________ in which case you willbe called upon to deliver vacant possession of the land and the house toBhubaneswar Development Authority and pay damages as provided for in theagreement.

Yours faithfully

For and on behalf ofVice-Chairman, BDA



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Annexure-29(Form No.C)By Regd.post



NOTICE REQUIRING THE ALLOTTEE TO DELIVERPOSSESSION OF THE HOUSE TO BDA

To ___________________________ ___________________________ ___________________________

Sub: Default in payment of installments towards the price of the HouseNo.____________ EWS-(Cluster) EWS-‘A’/EWS-‘B’/LIG/MIG-‘A’/MIG-‘B’/MIG-‘C’/HIG of ______________________ Housing Accommodation Scheme.

Sir/Madam,

You have defaulted in the payment of _________ monthly installments foran aggregate amount of Rs._________________ till the end of ____________ 20____towards the price of the house with land mentioned above in spite of noticesissued to you.

Please therefore, note that the agreement executed by you has beendetermined by B.D.A with effect from __________ 20____ in accordance with thecondition in clause-16/18 of the agreement. You are hereby called upon todeliver vacant possession of the land and the house not latter than the__________ 20____ to an officer of the B.D.A. named below and pay in this officethe arrears with penal interest at the rate of _________ from the date of default.Please note further that failure to deliver vacant possession of the land thehouse to B.D.A. as required above will render you liable to pay to B.D.A specialdamages at Rs.___________ per diem for every day of overstayal in the houseapart from other legal liabilities.

Yours faithfully

For and on behalf ofVice-Chairman, BDA

Officer to whom possession will be deliveredName _________________________________Designation ___________________________



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Annexure-30


No.________/BDA, Bhubaneswar Date____________

REQUSITION FOR INITIATION OF OPP CASE

Before the Estate Officer, Bhubaneswar Development Authority, Bhubaneswar.

Sub: Requisition for initiation of O.P.P. Case/Eviction/Resumption ofpossession.

Sir,

I am directed to say that Sri/Smt.________________________________son of/wife of Sri_______________________________________ was allotted the asset asdetailed in “Schedule-A” by virtue of the agreement executed on _____________.He/She has failed to deposit the installments as per terms and conditions ofthe agreement for which the agreement was determined with effect from________________ which has been communicated to him/her in this office letterNo._______________ dt._______________ with an instruction to deliver thepossession of the said asset. But the possession has not yet been delivered byhim/her for which he/she is liable to be evicted from the premises and thepossession is to be presumed as if he/she is an unauthorized occupant as perprovision of the OPP Act, consequent upon the determination of agreement.The present and permanent address of the Ex-allottee is detailed in “Schedule-B”.

It is therefore, requested that the possession of the asset may kindly betaken over as per the procedure of OPP Act and delivered to ExecutiveEngineer,Division No.__________ and the date of recovery of possessionintimated to the undersigned for record and reference.

Yours faithfully,

Allotment Officer



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SCHEDULE-A

i) Name of the Scheme:

ii) House/Apartment/Shop/SCR/Kiosk/Plot No.

iii) Amount outstanding as on _________________

SCHEDULE-B

Present Address:

Permanent Address:

Memo No.__________/BDA, Bhubaneswar, Date____________

Copy to the Executive Engineer, Division No.____________ for informationand necessary action.

He is requested to intimate the date of taking over of the possession tothe undersigned for taking further action in the matter.

Allotment Officer



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Annexure-31


No.__________/BDA, Bhubaneswar, Date ____________

INITIATION OF PROCEEDING UNDER SECTION-91 OF ODA ACTFOR UNAUTHORIZED/ADDITIONAL CONSTRUCTION

BEFORE THE OFFICER ON SPECIAL DUTY (ODA ACT.)BHUBANESWAR DEVELOPMENT AUTHORITY,BHUBANESWAR

Sir,

MOST RESPECTFULLY SHEWTH:-

1. That the allottee named below has undertaken the construction/additional construction on/with the allotted plot/house/SCR/Shop/Pindi (herein after called the asset) which has been detailed belowdeviating/without approved plan.

2.i) Name of the allottee:

ii) Present Address:

At: Po: Dist:

iii) Permanent Address

At: Po: Dist:

iv) Flat/House/SCR/Shop/Pindi No.

v) Name of the Scheme.



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2. That the allottee has applied for transfer/change of allotment/Executionof lease deed/permission to mortgage/No-objection Certificate for thesaid asset.

3. That the allotte has deposited the required security deposit and affidavitanticipating/pending approval of building plan for the said construction,relying upon the decision vide office order No.2954/AL dated 21.3.06 forwhich a proceeding is required to be initiated against such construction

4. That the undersigned has been authorized by virtue of office orderNo.141 dt.5.1.09 for filing this petition for initiation of proceeding underSection-91 of ODA Act 1982 against such unauthorized construction.

5. That the report of the Amin as indicated in the sketch plan in support ofunauthorized/additional construction is enclosed here with for favour ofyour kind perusal and reference.

PRAYER

It is, therefore, prayed that the proceeding under Section-91 may kindlybe initiated against the allottee and the final orders may be communicated tothis section for taking further course of action in the matter.

Yours faithfully,

Section OfficerAllotment Section



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Annexure-32



OFFICE ORDER FOR RESTORATION OF AGGREMENT

The agreement of the __________________________________________________was determined by B.D.A. which was determined by B.D.A. with effect from______________ is hereby restored in favour of the ex-allottee on payment ofarrear dues subject to condition that, the above asset shall not betransferred/sold within a period of three years from the date of restoration.

By order of Secretary

Allotment Officer

Memo No.__________/BDA, Bhubaneswar, Date ____________

Copy to________________________________________________for information.

Allotment Officer


Copy to Enforcement Officer, BDA for information.

Allotment Officer



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Annexure-33



LETTER FOR COLLECTION OF GROUND RENT FROM ALLOTTEE

To The Tahasildar Bhubaneswar

Sub: Collection of ground rent from the allottee.

Sir, I am to say that the following allottee has been allotted a plot withhouse/apartment by this Authority. The lease/lease-cum-sale deed etc. asrequired in respect of the said asset has been executed and registered. Youare, therefore, requested to collect the ground rent from him/her as per theinformation given below:

1. Name & address of the allottee:2. Plot/House/Apartment No.3. Name of the Scheme:4. Name of the Mouza:5. Area of the plot/plot with house:6. Rate of ground rent:7. Date from which rent will be collected:

Yours faithfully,

Section Officer (Allotment)


Copy to R.I, ______________________ for information and necessary action.



Copy to Sri/Smt.________________________ for information with referenceto his representation dt.____________




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Annexure-34

APPLICATION FORNOC/PERMISSION FOR MORTGAGE OF ASSETS

To

The Allotment Officer BDA, Bhubaneswar

Sir/Madam,

I am submitting herewith the required information & documents andrequest you to kindly issue the N.O.C./permission to mortgage my asset toavail loan from the undermentioned Bank/Financial institution.

1. Name & address of the applicant(P.A. holder will Submit a copy of power if not submitted/approved earlier ):-

2. Description of the Asset:-

(i) Name of the Scheme:-(ii) Category:-(iii) Asset No.:-

3. Registration No.

4. Cost of the Asset:-

5. Name & address of the Bank/Financial Institution from which Loan will be availed.

6. Purpose of loan:-

7. Amount of loan applied for:-

8. Whether 1st/2nd mortgage(In case of 2nd mortgage, Clearance certificate of 1st mortgage will be enclosed):-

9. Whether any construction/additional construction is undertaken in the allotted plot/house:- Yes/No (If yes, copy of valid approved plan is to be enclosed)



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10. Processing fee deposited (Original deposit challan will be enclosed)

(a) Amount:-

(b) Name of the Bank:

(c) Scroll No. & Date:-

11. Date of allotment of the Asset:-

12. Date of Possession if taken over:-

13. Date of Lease deed if executed:-

14. (i) Whether proceeding has been initiated for Any unauthorized construction:- Yes/No (if y es, mention the case number)

Signature of the Applicant



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Annexure-35

UNDERTAKING FORUN-AUTHORISED CONSTRUCTION BY THE ALLOTTEE

I Sri/Smt/Kumari _________________________________________ aged about________ years S/O, D/O, W/O ____________________________________________ ofVillage _____________________________, PO_____________________________________PS____________________________ Dist_______________________________ at Present_____________________________________________________________________________do hereby undertake that I shall be responsible for unauthorized construction/deviation of the approve plan made over House No._____________________ under______________________________________________________ scheme, Bhubaneswar.

1) I shall also be held responsible for encroachment of Govt. landadjacent to my house and will abide by all the rule andregulations of authority.

2) I shall be liable to remove extra construction if not compoundable.

3) I shall be liable to vacate the encroached Govt. land at my owncost.

4) If I fail to comply with BDA’s orders in this connection theauthority will take demolition/eviction at my own cost and Iwill have no objection to it.

5) Further, I also herewith undertake that I cannot take shelter inany court of law under any circumstances on the above matter.

Witness:

1)

Signature of the allottee

2)



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Annexure-36

PROPERTY REGISTER (BUILT PROPERTY)

Particular of Property

Sl.No.

Location Area of land & its bookvalue

Total plinth area of thebuilding & its costs.

WardNumber

HouseNumber

Area ofLand Cost Plinth area Cost

1 2 3 4 5 6 7

Useable floor areaexcluding corridors,

verandah butincluding baths, W.C.,

Kitchen & Store.

Purpose for whichpurchased, acquired or

constructed together withreference to resolution of

the Authority

Date ofconstruction,purchase, oracquisition.

Type ofconstruction,

single, double ormultistoried(Give No. of

storeys)8 9 10 11

Whetherpermanent, semi

permanent ortemporary

Residentialor non-

resedential

Howused atpresent

Annual rentdemand if

any(in rupees)

Annual rentoutstanding if

any(in rupees)

Remarks

12 13 14 15 16 17

Note: All areas should be expressed in hectares/acres and square meters.



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Annexure-37

ALLOTTEE WISE COLLECTION REGISTER

Name of Allottee _________________________ Name of the Scheme _________________________

Present Address _________________________ Regd. No. _________________________ House No. _________________________ Date of occupation

Permanent Address _________________________ _________________________ _________________________

Allotment file No. _________________________

Schematic cost of the House __________________________________Interest charged __________________________________Sale price of the House __________________________________ (On Rs._________________________________)Infrastructure cost __________________________________

Total :- __________________________________

Earnest money deposited before occupation towards cost of House.

a. First E.M.D. Rs.___________ M.R. No.____________ Dt.___________

b. Second E.M.D. Rs.___________ M.R. No.____________ Dt.___________

c. Third E.M.D. Rs.___________ M.R. No.____________ Dt.___________

d. Fourth E.M.D. Rs.___________ M.R. No.____________ Dt.___________

e. Fifth E.M.D. Rs.___________ M.R. No.____________ Dt.___________

Amount deposited before occupation towards cost of infrastructure.

a. First E.M.D. Rs.___________ M.R. No.____________ Dt.___________

b. Second E.M.D. Rs.___________ M.R. No.____________ Dt.___________

c. Third E.M.D. Rs.___________ M.R. No.____________ Dt.___________

d. Fourth E.M.D. Rs.___________ M.R. No.____________ Dt.___________

e. Fifth E.M.D. Rs.___________ M.R. No.____________ Dt.___________



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Installment fixed per month _____________ Rs._____________________

Commencement of first installment _____________________________

Number of installments _____________________________

Due date of payment by 10th of the month.

Penal interest per installment ________________________ Rs.__________

Signature of Assistant Signature of S.O Signature of A.O

Sl.No.

Month& Year

Amountdue

Amountpaid

ChallanNo. &Date

No. ofInstallment

paid

Interest Totaldue

Remarks



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Annexure-38

ALLOTMENT SUB LEDGER

Name of the Scheme:-

Sl.No.

Name of theallottee

Regd.No.

AssetNo.

KhataNo.

AreaAllotted

Whethercornerplot or

not

Costof

theasset

Date ofallotment

Date oftaking over

ofpossession

Signature of D.A Signature of S.O Signature of A.O



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Annexure-39



COVERING LETTER FOR SENDING STATEMENTOF ACCOUNT TO THE ALLOTTEE

To,______________________________

______________________________ ______________________________

Sub: Statement of accounts for the quarter ended _______ (________ to _______)

Sir/Madam,

Enclosed please find the quarterly account statement against your

House/ Plot/ Apartment allotted to you for the period from _____________ to

____________, you are requested to confirm the outstanding balance within 15

days from the date of issue of this letter failing which the amount as shown in

the statement shall be treated as final.

Yours faithfully,

Allotment Officer



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Annexure-40

COLLECTION OF RENT/ELECTRICITY/SERVICES CHARGES

Name of the allottee ___________________________ Asset No.________

Rate of Rent/Electricity Charges per month._________ Date of Possession

Service Charges if Any. _______________

Name of the Scheme _______________

Sl.No.

Month Dues(Rs.)

Details of payments Interestif any

Interestreceived

RemarksChallan

No.Date Amount

(Rs.)



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Appendix-A

Form no.____

FORAUCTION SALE OF

CONSTRUCTED ASSETS

BHUBANESWAR DEVELOPMENT AUTHORITYAKASH SHOVA BUILDING, PT. JAWAHARLAL NEJRU MARG

BHUBANESWAR – 751 001Phone: (0674) 2390842, Fax: (0674) 2390633

Rs.1000/-

Sale of application form

Last date & time of receiptof Application form(Through Regd. Post / Speed Post only)

Date & time of Opening ofsealed quotations

BROCHURE-CUM-APPLICATION FORM



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DETAILS OF ASSETS

Sl.No.

Name of thescheme Location Category

of asset Asset No.

PlotArea

(in squaremeter.)

Plintharea

(in squaremeter.)

Unit upset priceof the asset

(in Rs.)

Type ofAsset Remarks

1

2

3

4



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TERMS AND CONDITIONS

1. Condition for sale

1.1 The property shall be sold on “As is where is basis”.

1.2 The asset cannot be used for storage or sale of Alcoholic & narcoticitems/meat/egg/fish and such similar items. The applicant has toclearly mention the nature of business he/she intends to take up inthe premises and BDA reserves the right to permit such business.

1.3 The allottee shall be responsible for obtaining water supply and/orelectricity connection from the concerned Departments at his/herown cost and also pay holding tax/ground rent to the concernedauthorities.

1.4 No addition/alteration of the existing structure shall be made by theallottee without prior approval of the Authority.

1.5 Bidders, who fail to take over possession of the allotted asset within15 (fifteen) days from the date of intimation for taking overpossession, shall be required to pay watch & ward charges @Rs.5000/- per month or part thereof till he/she takes overpossession. In case possession is not taken within six months ofallotment being made, BDA shall have the right to cancel theallotment and dispose the property by allotting it to the next highestbidder or in any other manner at its sole discretion. In this case,amount already deposited including the EMD will be forfeited.

1.6 The allottees will have to submit a written undertaking in stamppaper in the format prescribed by the BDA at their own cost to abideby the above terms and conditions at the time of final payment.

1.7 The asset shall be allotted on lease basis.

1.8 On payment of all dues, the allottee shall be intimated separately indue course to register the lease deed at his/her cost after observingall formalities.

1.9 The assets cannot be transferred within five years of takingpossession.

1.10 In case of death of the applicant and/or the allottee, the nomineeshall act as representative of his/her successors and accordingly allactions taken, consent given, approval made by him or her, shallbind the successors of the applicant/allottee in all respects.

2. EMD

2.1 The bid shall be accompanied with 10% of the quoted bid amount asearnest money (EMD).The EMD shall be adjusted towards bidamount in case of successful bidders.



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2.2. The earnest money (EMD) shall be deposited in the form of a demanddraft or pay order of any scheduled commercial bank payable toBhubaneswar Development Authority at Bhubaneswar.

2.3 In case of un-successful applicants, the EMD shall be refundedwithout any interest.

3. Procedure for purchase of application form and submission of Bids

3.1 The cost of brochure is fixed at Rs.1000/- and in case the brochureis downloaded from the website, Rs.1000/- towards cost of thebrochure shall be paid by the bidder along with EMD in the form of aDD/pay order separately.

3.2 The applicant shall submit the application in the enclosed form alongwith required documents in a separate envelope through RegisteredPost/Speed Post only so as to reach the BDA on or before ______ P.M.of Dt. ____________. The Authority will not be held responsible for anyloss or delay in receipt of application through Postal Service. Deliveryby hand or through private courier will not be accepted.

The envelope containing the application form shall be clearly super-scribed in bold letter with.

“Application for purchase of constructed asset under

the scheme __________________________________________,

Category ________________ and asset No._________________”

Addressed to Secretary, Bhubaneswar Development Authority,Sachivalaya Marg, Bhubaneswar- 751 001, Orissa. The full name &address of the applicant should be clearly mentioned on theenvelope. Application without this superscription will be rejected.

3.3 Separate application forms for each unit with all documents andEMD should be submitted in sealed cover with proper superscriptionfor each asset applied for.

3.4. The applicant has to quote the maximum bidding price he can offeragainst the particular asset. The quoted price can not be less thanthe upset price fixed. In case the offer price is less than the upsetprice, the bid will be rejected.

4. Withdrawal of application

4.1 Incase, an applicant withdraws his/her application before the bidopening date, the EMD shall be refunded without any interest afterdeduction of Rs.10000/- towards processing fees.

4.2 No application for withdrawal of bids will be entertained after _______of Dt.__________.



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5. Opening of Bids and selection of the highest bidder

5.1 The sealed envelopes containing application and other documentswill be opened at _______ onwards on Dt.____________ in the basementof BDA Office building, Bhubaneswar, in presence of bidders or theirauthorized representatives (as per prior notice).

5.2 BDA reserves the right to extend the last date of submission ofapplication and/or the date of auction.

5.3 The allotment of the asset shall be made to the highest bidder and incase of more than one applicant quoting the same bidding price, theallotment shall be made through lottery.

6. Deposit of Bid amount

6.1 The selected bidders shall be required to deposit the full balanceamount after adjustment of EMD within 30 days from the date ofprovisional allotment letter. Inability to deposit the balance amountwithin the prescribed time limit or withdrawal by the bidder shallrender the bid invalid and the total EMD amount will be forfeited.

6.2 On request, Vice Chairman BDA, to his sole and absolute discretion,reserves the right to extend the last date of deposit of the balance bidamount for a reasonable period up to a maximum of six months,subject to payment of interest @ 15 % per annum compounded onthe balance amount for the extended period. Inability to pay thebalance amount within the extended period shall render the bidinvalid and the EMD will be forfeited.

7. Cancellation

BDA reserves the right to cancel the auction for unavoidable reasons. Insuch case, the application fees and EMD amount will be returned in full.

8. Interpretation

In case of any dispute relating to the terms and conditions of the bid orany other matter relating to these, the decisions of the Vice-Chairmanshall be final.

9. Jurisdiction of Court

The courts of Bhubaneswar, regardless of any other place where the causeof action or any part thereof might occur, shall have jurisdiction over allmatters arising out of or relating to this auction.



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Form no. ____BHUBANESWAR DEVELOPMENT AUTHORITY

APPLICATION FORM FOR INDIVIDUALFor allotment of constructed assets through auction sale under different schemes

(Separate application form to be used to quote for each constructed asset)

1. Name

(In Capital letters)

2. Date of birth / /

3. Father s/ Husband s Name

4. Present Address

5. Permanent Address

6. Phone Nos.

Mobile No. Email:

7. Nominee s Name with address:

8. Detail of the Asset

8.1 Scheme

8.2 Location

8.3 Category

8.4 Asset No.

8.5 Advertisement No. & Date

9. Earnest Money Deposited (EMD) Rs. .

DD/ Pay Order No. (If any): No. ________________________________________ Date: ____________________________

Bank name & Branch ______________________________________________________________________________

10. Total Price offered for the Asset. : Rs. .

(In words Rs._______________________________________________________________________________________only)

I hereby undertake to abide by all the terms & conditions prescribed by BDA for this scheme.

Date: Full signature of the applicant

Photographwith signature



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APPLICATION FORM FOR FIRM / COMPANYFor allotment of constructed assets through auction sale under different schemes


1. Name of the Firm/Company (In Capital letters)

2. Registration No.

3. Name of the authorisedSignatory

4. Address for communication

5. Phone Nos.

Mobile No.

Email


6.1 Scheme

6.2 Location

6.3 Category

6.4 Asset No.




Bank name & Branch ______________________________________________________________________________


(In words Rs._______________________________________________________________________________________only)


Date: Full signature of the authorized signatory (With stamp/seal of the firm/company)



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Appendix-B

Form no.____

FORAUCTION SALE OF

PLOTS

BHUBANESWAR DEVELOPMENT AUTHORITYAKASH SHOVA BUILDING, PT. JAWAHARLAL NEJRU MARG

BHUBANESWAR – 751 001Phone: (0674) 2390842, Fax: (0674) 2390633

Rs.1000/-

Sale of application form

Last date & time of receiptof Application form(Through Regd. Post / Speed Post only)

Date & time of Opening ofsealed quotations

BROCHURE-CUM-APPLICATION FORM



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DETAILS OF PLOTS

Sl.No.

Name of thescheme Location Category

of plot Plot No.

PlotArea

(in squaremeter.)

Land useof the plot

Unit upset priceof the plot

(in Rs.)

Floor AreaRatio

permissible.Remarks

1

2

3

4



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TERMS AND CONDITIONS

PART-I

1. Norms of development

The allottee shall be allowed to construct buildings on the plots as perBDA (Planning & Bilding Standards) Regulations-2008 as amended fromtime to time.

2. Eligibility

Any individual or firm/company. Separate application form has to be usedfor the individuals and for firm/company as enclosed in the brochure.

For residential plots, one family can apply for one plot only and for thispurpose, family consists of husband/wife and minor children.

Successful bidders can change the name of the executing company/bodycorporate within 30 days from the date of acceptance of tender aftertaking prior permission from the Authority, provided the promotersremain the same.

3. Earnest money and processing fee

The bid shall be accompanied with a non-refundable processing fee ofRs.10000/- (Rupees ten thousand) only and 10 % of the quoted bidamount as earnest money in the form of Bank Draft/Pay order in favourof Bhubaneswar Development Authority payable at Bhubaneswar.

4. How to apply

The interested bidders may apply for allotment of plot on prescribedapplication form. The form shall be made available at BDA office from___________ to ___________ on payment of Rs.1000/- in shape of DD/PayOrder drawn in favour of BDA, BBSR and payable at BBSR. The form canalso be downloaded from the website www.bdabbsr.in and in this case, anamount of Rs.1000/- only in shape of DD of any scheduled commercialbank payable at Bhubneswar should be attached separately along withthe application form. This amount of Rs.1000/- as cost of form is non-refundable.

5. Acceptance of Tender

5.1 The envelope containing the application form, EMD, processing feeand other required documents should be super scribed as

“Application for purchase of plot under

the scheme __________________________________________,

Category ________________ and plot No._________________”



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and should contain the complete postal address of the applicant.Applications received without this superscription will be rejected.DD/Pay order for each payment like EMD, processing fee, and cost ofapplication (in case of application forms downloaded from thewebsite) should be prepared separately and attached to theapplication form. It should reach the BDA office by due date throughregistered post/speed post only. No application by hand or courierwill be accepted. BDA will not be responsible for any postal delay.Applications received after due date will not be entertained.

5.2 The bids for the tenders will be received by ______ of ____________ andwill be opened in the presence of the bidders at ______ on ___________in the basement of BDA office.

5.3 The highest offer will normally be accepted.

5.3.1. However tenders incomplete in any respect will be summarilyrejected.

5.3.2 The applicant cannot withdraw the Offer/Tender once made.

5.3.3 The Vice-Chairman of the Authority may, without assigningany reason, withdraw any or all the plots from the scheme atany stage.

5.3.4 The Vice-Chairman may accept or reject any offer, includingthe highest bid, and his decision in this behalf shall be finaland binding.

6. Payment

The successful bidder shall be required to pay the total bid amount for theplot (after adjusting earnest money deposited) within 30 days from thedate of issue of provisional allotment Letter.

All payment should be made through a demand draft/pay order drawn infavour of BHUBANESWAR DEVELOPMENT AUTHORITY and payable atany scheduled commercial bank located in Bhubaneswar

7. Extension of time

7.1 Extension for deposit of bid amount shall not be allowed undernormal circumstances.

7.2 In case of default, the allotment is liable to be cancelled without anyfurther notice and the earnest money shall be forfeited.

7.3 All payments should be remitted by due date. In case the due date isa bank holiday, then the allottee shall ensure remittance on the nextworking day. In exceptional circumstances and on request, the Vice-Chairman BDA, to his sole and absolute discretion, may extend thelast date of payment for a reasonable period subject to a maximum of



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six months. However, in such cases of time extension, interest @ 15%per annum compounded yearly shall be charged on the outstandingamount for such extended period.

7.4 The payment made by the allottee will first be adjusted towards theinterest due, if any, and thereafter the balance will be adjustedtowards the premium due.

PART–II

8. Area

The area of plot allotted may slightly vary at the time of handing over ofthe possession. The bid amount of the plot will be determinedproportionately basing on the increase or decrease in the area as per fieldposition. If such variation is within 10% of the area notified, no surrendershall be allowed. However, if such variation is more than 10%, the allotteewill have the option of surrendering the allotment and taking back theentire amount deposited by him/ her without any interest.

9. As is where is basis

The plots will be handed over to the highest bidder on “As is where isbasis” on lease.

10. Return of EMD to unsuccessful applicants

The DD/PAY ORDER deposited towards earnest money deposit will bereturned in original to the unsuccessful bidder after completion of tenderprocess. However, the processing fee shall not be refunded.

11. Ground rent

The lessor shall have to pay yearly ground rent and other taxes/chargesas would be levied by local and Statutory Authorities.

12. Documentation

The cost and expenses of preparation, stamping and registering the legaldocuments and its copies and all other incidental expenses will be borneby the allottee, which will also pay the stamp duty levied on transfer ofimmovable property, or any other duty or charge that may be levied byany Authority empowered on this behalf. However, in case of delay inexecution of lease deed by the allottee, extension can be granted by theVice-Chairman or any other officer authorized by him subject to paymentof penalty @ Rs.10/- for 1000 Sq. Mtrs per day.

13. Construction

13.1 The allotee shall be required to complete the construction of projecton allotted plot as per approved layout plan and get the occupancy



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certificate issued within a period of five years from the date ofallotment or the date of lease whichever is earlier.

13.2 Without prejudice to the Authority’s right of cancellation, theextension of time for the completion of Project can be extended for amaximum of another two years only with penalty as under.

§ For first year, the penalty shall be 4% of the total premium.

§ For second year, the penalty shall be 5% of the total premium.

Extension of time for more than two years as stated above will not bepermitted under any circumstances.

13.3 In case the allottee does not construct the building within the timeprovided including extension granted, if any, for above, the allotment/lease deed as the case may be, shall be liable to be cancelled.Lessee shall lose all rights to the allotted land and buildingsappurtenant thereto.

14. Mortgage

14.1 The allottee may, with prior permission of the Authority, mortgagethe land to any Government recognized institution for raising loan forthe purpose of financing his investment in the project or to issueNOC to mortgage the said land to facilitate the loans of the finalpurchasers subject to such terms and conditions as may be decidedby the Authority at the time of granting the permission.

Provided that in the event of sale or fore closure of the mortgaged/charged property, the Authority shall be entitled to claim and recoversuch percentage, as decided by the Authority, of the unearnedincrease in values of properties in respect of the market value of thesaid land as first charge, having priority over the said mortgagecharge, the decision of the Authority in respect of the market value ofthe said land shall be final and binding on all the parties concerned.

14.2 The Authority’s right to the recovery of the unearned increase andthe pre-emptive right to purchase the property as mentioned hereinbefore shall apply equally to involuntary sale or transfer, be it by orthrough execution of decree of insolvency/court.

15. Transfer of plots

The transfer of allotted plot, as a whole will be allowed only after five yearsof taking possession. However, individual units constructed on the plotwill be transferable.

16. Misuse, additions, alterations etc.

The allottee shall not use the land for any purpose other than prescribed.Sub-Division or amalgamation of plots shall not be permitted.



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17. Liability to pay Taxes

The allottee shall be liable to pay all rates, taxes, charges and assessmentof every description imposed by any Authority empowered in this behalf,in respect of the plot, whether such charges are imposed on the plot or onbuilding constructed thereon, from time to time.

18. Cancellation of Lease Deed

In addition to the other specific clauses relating to cancellation, theAuthority will be free to exercise its right of cancellation of lease/allotmentin the case of:

(i) Allotment being obtained through misrepresentation/suppression ofmaterial facts, mis-statement and/or fraud.

(ii) Any violation of directions issued or rules and regulation framed byany Authority or by any other statutory body.

(iii) Default on the part of the applicant/allottee for breach/violation ofterms and conditions of registration/allotment/lease and/or non-deposit of allotment amount.

19. Resumption of possession

If the plot is occupied by the allottee even after cancellation of theallotment/lease, an amount equivalent to 25% of the total premium of theplot shall be forfeited and possession of the plot will be resumed by theAuthority along with structures thereon, if any, and the allottee will haveno right to claim compensation thereof. The balance premium, if any shallbe refunded without any interest. The forfeited amount shall not exceedthe deposited amount with the Authority. No separate notice shall begiven in this regard.

20. Other clauses

20.1 The Authority reserves the right to make such decisions/additions/alternations or modifications in the terms and conditions ofallotment/lease from time to time, as may be considered just andexpedient.

20.2 In case of any clarification or interpretation regarding these termsand conditions, the decision of the Vice-Chairman of the Authorityshall be final and binding.

20.3 If due to any “force-majure” or such circumstances beyond theAuthority’s control, the Authority is unable to make allotment inpursuance of executed lease deed, the premium deposits will berefunded along with simple interest @ 4% p.a., if the delay in refundis more than one year from such date.



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20.4 Any dispute between the Authority and Lessee shall be subject to theterritorial jurisdiction of the Civil Courts having jurisdiction overBhubaneswar.

20.5 All arrears due to the Lessor will be recoverable as arrears of landrevenue.

20.6 The allottee shall not be allowed to assign or change his role,otherwise the lease shall be cancelled and entire money depositedshall be forfeited.



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APPLICATION FORM FOR INDIVIDUALFor allotment of plots through auction sale under different schemes


1. Name

(In Capital letters)

2. Date of birth / /

3. Father s/ Husband s Name

4. Present Address

5. Permanent Address

6. Phone Nos.

Mobile No. Email:

7. Nominee s Name with address:


8.1 Scheme

8.2 Location

8.3 Category

8.4 Plot No.

8.5 Area in Sft.




Bank name & Branch ______________________________________________________________________________


(In words Rs._______________________________________________________________________________________only)


Date: Full signature of the applicant

Photographwith signature



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APPLICATION FORM FOR FIRM / COMPANYFor allotment of plots through auction sale under different schemes


1. Name of the Firm/Company (In Capital letters)

2. Registration No.

3. Name of the authorisedSignatory

4. Address for communication

5. Phone Nos.

Mobile No.

Email


6.1 Scheme

6.2 Location

6.3 Category

6.4 Plot No.

6.5 Area in Sft.




Bank name & Branch ______________________________________________________________________________


(In words Rs._______________________________________________________________________________________only)


Date: Full signature of the authorized signatory(With stamp/seal of the firm/company)



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