Notwithstanding anything contained in these rules the Market Committee may allot sites, shops, godown, shop-cum-godown or sundry shop on lease-cum-sale basis or leave and licence basis to a Co-operative Society which deals in notified agricultural produces and which is also a licensee in the Market area or a warehousing Corporation or any service institution on such rent or fee and subject to such conditions as may be specified by the Committee.
By Order and in the name of the Governor of Karnataka, B.S.JAPALI Under Secretary to Government, Co-operation Department.
NOTIFICATION NO.CD 58 MRE 2002 Dated:23/10/2003 ANNEXURE (See rule-5) Category Market fee Minimum Guidance Registration Transfer Fee Collected Value (in Rs.) Fee (Rs. In (in Rs.)
Main Sub lakhs) Market Market Yard Yard
(1) Below 10 20 10 100 5000
(2) Above 10 30 15 250 10000 but below 25
(3) Above 25 40 20 500 15000 but below 50
(4) Above 50 50 25 1000 20000 but below 100
(5) Above 100 60 30 1500 25000 but below 250
(6) Above 250 70 35 2000 30000 but below 500
(7) Above 500 80 40 2500 35000 Note: Enclose one copy of the Photo of the Person representing the Firm or company etc.
Place: Signature of the person authorized to sign Date: (licensed Market Functionary) .........................................................................................................................
.............................
FROM NO. I (See rule 6(i)) To The Secretary, Agricultural Produce Market Committee, .....................................................
APPLICATION FOR REGISTRATION:-
(1). Name of the applicant, in case of the Firm or Company, The details
(2). (a) Details of license ¾ Commission Agent ¾ Trader ¾ Processor
(b) Licence Code No.
¾ Others
(3). In case of the Firm Etc.., Name of the person Authorized to Sign(in block letters) with Residential Address & Phone No.
(4) Address With Telephone No. Of the Firm & Residence
(5) Details of Registration fee a) Amount b)DD/ Cheque /PO No.
c)Date d) Name of the Bank FOR OFFICE USE ONLY Received the application for registration for allotment of site/building/godown on lease-cum-sale basis on................... (Date) along with DD/Cheque/PO for Rs................................
Registration no. SECRETARY FORM NO II (See rule 6(2)) ACKNOWLEDGEMENT Received the applicant form.........................................................................................
..............................................................................................................................
......................
Your name is registered at No..........................................of the Registration Register.
Place:
Date:
SECRETARY FORM NO: III (See rule 3(3),(9) and (13) APPLICATION FOR ALLOTMENT AGRICULTURAL PRODUCE MARKET COMMITTEE
(1) Name of the applicant (1-a) In case of the Firm etc.., name of the person representing the firm
(2) Name of the Firm/Company with full address, Telephone/Telex/Fax Nos.
(3) If it is partnership firm, Enclose a copy of Partnership Deed.
(4) If the applicant is a licensed Market functionary of this Agricultural Produce Market Committee. Mention category and the details of license and enclose a copy of the license.
(5) In case applicant is trader/commission agent, the turnover of notified agricultural produces; market fee remitted during the last 3 years be furnished
(6) The address of the premises for which license was granted.
(7) K.S.T/C.S.T. No.
(8) Whether the applicant is an assesses under the Commercial Tax Act.(Details to be furnished)
(9) Whether the applicant is an assesses under the Income Tax Act.(Details of Permanent A/C No. etc,. to be furnished)
(10) If the applicant has not been allotted site/shop/godown/shopcum-godown whether he has furnished affidavit to that effect.
(11) Whether partner of the applicant have also applied for allotment of site in response to this notification. If so, furnish the details.
(12) Whether applications for a site/shop-cumgodown/Godown & the number
(13) Registration No.
(14) Application No.
(15) Details of Previous Applications if any
(16) Details of Deposits made along with the application
(17) Any other information.
AFFIDAVIT I sir.............................................................do hereby declare that the particulars furnished in the application are true to the best of my knowledge and belief. I agree that in case any of the information provided above is fund false, my application will be rejected.
Place: Signature of the Applicant Date: Name:
Seal FORM NO.IV (See rule. 10(ii)) LEASE-CUM-SALE AGREEMENT This agreement made on .......................(in words) between...........s/o.....................aged..............a licenced .......carrying on business in notified agricultural produce in the market area of A.P.M.C......................residing at.......................(herein after called the ALLOTTEE which term shall unless repugnant to the context or meaning thereof include his successors in office and assigns)of the one part and the Agricultural Produce Market Committee........................a body formed and constituted under Karnataka Agricultural Produce Marketing(Regulation)Act,1966(Karnataka Act 27 of 1966) read with the rules farmed under that act, with its office at..............................(hereinafter called ‘THE COMMITTEE’ which expression shall unless repungnant to the context or meaning there of includes its successors in office and assigns) represented by its secretary Sri.....................S/o .............................. age............................. R/o…………..
and its ChairmanSri....................................... .S/o.......................................
age.................................... R/o.............. ............ of the other part.
Where as the Committee is the owner of the site described in schedule to this agreement and whereas the allottee is carrying on busness in notified agricultural produce as a....................................and has approached the committee to provide a site in the market yard for his trade as licensed trader/commission agent/importer/exporter etc,.
1) the allottee shall be a licensed market functionary and he shall renew the same license granted by market committee from time to time as required under provision of K.A.M.P.(R) Act, 1966, Rules, 1968 and bye – laws of the market committee made there under for dealing in notified commodities.
2) The site allotted in favor of the allottee is impartial (non divisible) under any or all circumstances and as such remains always intact.
The allottee shall hereby undertake to commences and complete the construction of shop/shop-cum-godown on the site before the time prescribed hereinafter as per designs approved by the market committee.
3) The allottee shall apply as early as possible within 1 month from the date of this agreement to the A.P.M.C ........................... to obtain sanctioned plan and licence for construction of the building on the site, and shall complete the construction within 1 year from the date of agreement or within the period extended by the committee.
4) On Non-compliance with any of the clause from No. 1 to 3 above in its entirety or partially, the allotment of site to the allottee shall stand automatically cancelled and consequently the possession of the site along with incomplete building shall also stand delivered to the market committee without any formalities in that behalf and without any consent of the defaulter allottee. The amount already paid to the market committee towards the cost of the site by the allottee shall also stand forfeited in favour of the market committee.
5) On occurrence of such cancellation, the market committee shall be at libery to etain the site along with unfinished building for its own use, or allot the same for use of any other licensed market functionary or dispose off the same in any other manner in its absolute discretion for any consideration as the market committee considers reasonable. Re-entrty effected upon the site is allotted by the market committee for his use as the case may be, shall not be construed as trespass committed by the concerned persons.
6) Further, on such cancellation of the allotment of site o site along with unfinished building if any, the market committee may at its dicretion refund to the defaulter aloottee, a sum not exceeding. 3/4th of the net proceeds realized by the market committee as mentioned in the proceeding clause arrived at after deducting cost of site forfeited under clause 4 above and all expenses incurred in connection therewith.
7)When the cancellation of the site etc., as enumerated in clasue No.4 occurred on failure of the allottee to be a licensed market functionary of the market committee possession of the site along with the construction put up thereon back to the market committee may be restored back to him at the discretion of the market committee. If be becomes the Licensee of the market committee within one year from the date of intimation of such cancellation of the site etc.
8) The allottee may be permitted by the market committee for valid reasons to alienate the site or site with building put up thereon if any, in favour of Bank or any Financial Institution to raise loans required for only putting up building or its extension but not for any other purposes.
9) The site or site with building if any thereon, shall not be transferred or sold within 10 (TEN) years from the date of execution of this agreement.
10) If after the site to the allottee he wants to transfer the same he shall pay to the Market Committee fee prescribed by K.A.P.M.(R) (Regulation of Allotment of Property in Market Yards) Rules, 2004 along with his application seeking permission to transfer or sell the site with building put up thereon, to any other licensed market functionary and The market committee may at its discretion for valid reasons and under exceptional circumstances permit the allottee to transfer or sell away the site along with the building constructed thereon, to another licensed market functionary of the market committee after paying all the building loans and other dues of the Market Committee, Bank and other Institutions.
11) The allottee shall not use the site and/or the building put up thereon for any other purpose except for wholesale business in notified commodities or commodity specified by the Market Committee from time to time.
12) The allottee shall, without any plea, render due compliance with and abide by, all conditions and standing orders that the Market Committee may impose from time to time in the public interest in respect of holding, grant, use and/or upkeep, of the site and or building put up thereon and also in the interest of maintenance of discipline and sanitary conditions in the Market Yard.
13) The allottee shall agree hereby that the Market Committee has full liberty, right and authority to take suitable action against him at its discretion, if he fails to comply with, or abide by, any of the conditions and standing orders etc., as mentioned herein.
14) In case the allottee is a firm, the executants shall be authorized by the partners of the firm beforehand to execute and sign this agreement on behalf of the said firm in favour of the Market Committee to bind the firm.
15) The Business or Trade to be done by the allottee in Schedule property will be confined and restricted to notified Agricultural Commodities. In case the allottee commits the breach of this term in the agreement, the committee shall have the right to issue him notice and direct him to carry on trade in notified Agricultural Commodities only and in default thereof the committee shall be entitled to exercise the right to take over the building and the site and to allot any other licensed market functionary and in such event the allottee is entitled to be paid only the amount paid to the site and not any other compensation.
16) The allottee shall not make any alteration or additions to the premises either externally or internally without ob training written permission of the committee.
17) On the expiry of the ten years period mentioned in this agreement. If the lessee has performed all the conditions mentioned in this agreement and has committed no breach thereof the committee shall, at the end of the said period of ten years sell the site to the lessee and all attendant expenses in connection with such sales such as, stamp duty, registration charges etc, shall be borne by the lessee.
18) The allottee will be liable for all damages caused to the building which amount will be recovered from him by the Committee as part of capital investment. The committee has the right to recover all costs of repairs as part of capital investment.
19) The Chairman or Secretary or any authorized person of the committee will have the right of entry to the premises for discovery, inspection as to the condition and use of the building. In case of any dispute or claim arising under this agreement or in consequence thereof, it is agreed between the parties that such dispute or claim shall be diced as 'Sole Arbitrator' by the Director of Agricultural Marketing of the State of Karnataka Functioning as such on the day and the decision of the Sole Arbitrator on such dispute, functioning as per provisions of the Indian Arbitration Act, shall be final and binding on the parties.
SCHEDULE A site situated in market yard …………………….. under ……………… Tehsil measuring ……………………………………. ………………………. Feet/meters in the ……………………. Bonded as follows:
North by East by South by West by ALLOTTEE Witnesses:
(1)
(2) Signed and delivered by The said allottee in the Presence of Secretary Chairman APMC………….. APMC ………………..
FORM NO (V) LEASE-CUM-SALE AGREEMENT (See rule 10) This lease agreement executed on this day of …………… by the Agricultural Produce Market Committee………………..herein after called the 'LESSOR', which expression shall wherever the context so requires shall include each of its successors, assigns on the one part, represented by Sri………………s/o Sri…………., the Secretary and Sri…………..s/o Sri………………Chairman (or Administrator) of the Agricultural Produce Market Committee and a proprietor ship: registered partnership firm by name M/s…………………………………represented by its proprietor: Managing Partner Sri……………..son of Sri…………………aged about………………years residing at……………….hereinafter called the 'LESSEE' on the other as under:-\
1. That the lessor is the owner of the shop/shop-cumgodown/goddown bearing No……………situated in the market yard and more fully described in the schedule hereunder.
2. Whereas the lessee who is the market functionary and licence holder from the lessor, has applied for allotment of a shop/shopcum-godown/godown for doing business in the notified agricultural produce.
3. Whereas the lessee has paid 25% of the lease amount vide Cheque/PO/DD No……………..dated…………for Rs………….
4. Whereas the lessor has resolved to allot the Schedule property to the allottee in its resolution No……..in the meeting of the Market Committee held on………
5. Whereas the allotment of the shop/shop-cum-godown/godown is approved by the Director of Agricultural Marketing, vide his Order No………dated…………..
6. Whereas the lessor has agreed to allot the schedule shop/shopcum-godown/godoen on terms and conditions enumerated hereunder.
NOW, THEREFORE, THIS DEED WITNESSETH AS UNDER:-
1. That the lessor has constructed the shop/shop-cumgodown/godown at its cost and has agreed to lease the same for a period of 10 (TEN) years.
2. That the lessor has fixed the lease (incurred an expenditure of an estimated) amount of Rs…………
3. That the lessee shall pay the balance amount after deducting initial deposit (fixed by A.E.E. (M.D.P)) of the shop/shop-cumgodown/godown. Within 90 (NINETY) days from the date of receipt of letter of allotment, to the market committee and obtain a receipt. This may be extended by sixty days subject to payment of interest at 12%.
4. That if the lessee is a joint family, any member of the joint family and in the case of partnership firm, any partner of the firm shall not be entitled for allotment of more than one shop/shop-cumgodown/godown in the market yard and in case it is found that an allotment of shop/shop-cum-godown/godown is already obtained by him/them, the lessor is at liberty to terminate the lease and forfeit of shop/shop-cum-godown/godown together with the lease amount of shop/shop-cum-godown/godown, if any deposited by the lessee till then.
5. That during the period of lease, the lessee shall carry on the business only in the notified Agricultural Produce and abide by the terms and conditions of licence issued by the lessor. Further, the lessee shall abide by the provisions of the K.A.P.M®, Act, 1966 and the Rules and the Byelaws made there under. If there is any contravention of any one of the conditions, the lessor is entitled to cancel the lease agreement and forfeit the allotment of s shop/shopcum-godown/godown after issuing notice to the lessee.
6. That during the period of lease, the lessee shall not alienate the shop/shop-cum-godown/godown allotted to him to any person in any manner.
7. That the lessee shall not divide the shop/shop-cumgodown/godown allotted to him or aliniateif to any other person during the period of lease.
8. That the lessee shall not cause damage, alter, or change the structure of the shop/shop-cum-godown/godown allotted to him. If nay damage is caused, the lessee is liable to effect necessary repairs to keep the premises in good condition.
9. If the lessee is a partnership firm it shall bring to the notice of the market committee any change in constitution of the Partnership firm.
The lessee agrees to comply with the provision of rule 12 if such a change in the constitution of the partnership firm results in the transfer of shop, godown, shop-cum-godown or interest therein.
10. That the lessee shall pay the electricity charges, water charges and all other taxes in respect of the shop/shop-cumgodown/godown allotted to him during the period of lease.
11. That if the lessee ceases to be a licensed Market Functionary during the period lease, the lessor is entitled to forfeit the allotment of shop/shop-cum-godown/godown together with the lease amount deposited by the lessee till the date of forfeiture.
12. That the premises shall not be used for purposes other than the purposes enumerated under the K.A.P.M. ® Act, 1966, Rules and the Bye-Laws and shall be used for the purpose of marketing in the notified Agricultural Produce only.
13. That the lessee shall not encumber the property in any manner whatsoever and, if it is done, the same shall not to binding on the lessor.
14. That if the lessee desires to discontinue as a licensed market functionary, he shall surrender the shop/shop-cumgodown/godown to the Market Committee with one month's prior notice and deliver vacant possession of the same and thereafter the lessor is at liberty to re-allot the said premises to another market functionary.
15. On the expiry of the ten years period mentioned in this agreement. If the lessee has performed all the conditions mentioned in this agreement and has committed no breach thereof the committee shall, at the end of the said period of ten years sell the site to the lessee and all attendant expenses in connection with such sales such as, stamp duty, registration charges etc, shall be borne by the lessee.
16. That the lessee hereby undertakes to abide by such terms and conditions that may be imposed o him at the time of execution of the sale deed by the lessor in respect of the shop / shop-cumgodown / godown with a view to see that the object of the Act is achieved.
17. That if the lessee violates any one of the terms and conditions mentioned above, the lessor is at liberty to forfeit the allotment of shop / shop –cum-godown and forfeit the cost of shop / shop-cumgodown / godown deposited by the lessee until the date of forfeiture.
18.That the lessor shall not be responsible for any defect structural or otherwise in the property and lessee shall have no claim for compensation from the lessor for any defects whatsoever.
19. That the lessee agrees to get the said property insured against, riots, burglary or civil commotion.
20.That the lessor or any person authorized by it shall have right to enter into the said property at any reasonable time to inspect the property.
21. If any dispute arises as to the construction of the terms and conditions stated above, the decision of the Director of Agricultural Marketing will be final and binding on both the parties.
SCHEDULE (Description of the property) North: South: East: West:
In witness whereof the lessor and lessee have signed this lease deed in the presence of witness who have attested it.
Witnesses:
1. Lessor
2.
Lessee FORM NO:VI (See rule 14) APPLICATION FOR ALLOTMENT OF WEIGH BRIDGES etc., AGRICULTURAL PRODUCE MARKET COMMITTEE
(1) Name of the Applicant
(2) Whether applications is for sundry shop, weigh bridge, canteen, tea-stall.
(3) Full address, Telephone / Telex /Fax Nos.
(4) Application No.
(5) Whether the applicant is an assesses under the Income Tax Act. (Details of Permanent A/c No. etc., to be furnished)
(6) Details of previous applications if any
(7) Details of deposits made along with the application
(8) Licence Particulars if any:
(9) Whether the applicant is a licensed Market functionary of this Agricultural Produce Market Committee, if so, mention category and the details of licence and enclose a copy of the licence.
(10) Any other information.
AFFIDAVIT I Sri.--------------------------- do hereby declare that the particulars furnished in the application are true to the best of my knowledge and belief. I agree that in case any of the information provided above is found false, my application will be rejected.
Signature of the Applicant Place: Name:
Date: Seal FORM NO.(VIII) (see rule 16(2)) AGREEMENT OF LEAVE AND LICENCE (For shop, godown, shop-cum-godown) This Agreement of Leave and Licence is entered into by and between:
THE AGRICULTURAL PRODUCE MARKET COMMITTEE -------------- herein after called the 'LiCENSOR', which expression shall wherever the context so requires shall include each of its successors, assigns on the one part, represented by Sri------------ S/o Sri…………………… aged about …………years residing at ……………………. the Chairman (or Administrator) of the Agricultural Produce Market Committee and a registered partnership firm by name…………………. represented by its proprietor: Managing Partner Sri……………………….. son of Sri……………………… aged about ………………… years residing at. ……………………. hereinafter called the 'LICENSEE' of the other part, witnesseth as follows:' Whereas the LICENSEE who is the market functionary and licence holder from the LICENSOR, has applied for allotment of a shop / shop-cum-godown / godown for doing business in the notified agricultural produce.
Whereas, the licensor has established a market yard at …. intending to provide facilities to market functionaries dealing in notified agricultural produce.
Wheeras the licensor is the owner of the shop / shop-cum-godown bearing No ……….. situated in the market yard more fully described in the schedule hereunder.
Whereas the licensee herein was carrying on trade in notified agricultural produce …………………… (commodity:commodities) and has applied for allotment of a Godown / shop-cum-Godown on Leave and Licence basis to carry on the trade in notified agricultural produce and the licensor has agreed to allot the Schedule property.
Whereas the licensor has resolved to allot the Schedule property to the allottee on leave and license basis in its resolution No…….. in its meeting held on ….-……-200--.
Whereas the Director of Agricultural Marketing: A.D.:D.D. of ………….
district has accorded her permission, vide order No. ………. dt. ….-…-200… Whereas, both the parties are desirous of reducing in writing terms and conditions enumerated hereunder;
TERMS AND CONDITIOS;
That the leave and licence granted by the licenser to the licensee is only for a period of 11 months renewable every 11 (ELEVEN) months from the date of this agreement subject to a maximum period of 55 months.
1) On the expiry of the period of this licensee, the licensee shall be given first preference in case of renewal of the licence to use the said premises for any further period (not more than 11 months at a time) provided the licensee has conformed to all the terms and conditions and rules prescribed there for during the prior occupation of the said premises.
2) If the licensee desires to renew the leave and licence for on more period of 11 months, he should submit his application to the licenser not less than 2 (TWO) months before the expiry of the leave and licence.
3) That the licensee shall deposit a sum equal to leave and licence fee for 10 (TEN) months with licensor as the Security Deposit in respect of Schedule Premises. The said Security Deposit will not carry any interest.
4) The licensee is entitled to seek reimbursement of the said security sum on his expressing desire to vacate and hand over possession of the Schedule Premises of the licensee on giving one month's clear notice in writing.
5) The licensee should pay the leave and licence fee of the previous month before 10th (TENTH) of the next month failing which the licenser has right to impose penal fee at 10% per month.
6) If the licensee fails to remit the leave and licence fee for 3 (THREE) consecutive months, the licenser has the right to adjust the Security Deposit, besides reserving its right to recover the balance amount and to take back the possession of the Schedule Premises.
7) The licensee shall not utilize the premises for any other purpose than for which it is allotted the licenser has reserved the right to revoke the licence by giving on month's notice to the licensee, if the Secretary is satisfied that the allotted premises is not used for the purpose for which it is allotted.
8) The license fee will be revised every 33 months at enhancement of 5% of the leave and licence fee, the licensee should abide by it.
9) In the event of the licenser desiring to terminate the licece and take back possessions of the Schedule Premises, upon service of notice of eviction of the licensee by the licensor, the licensee shall, within 15 (FIFTEEN) days from the date of service of this notice, hand over vacant possession of the Schedule Premises to the licenser. If the licensee fails to do so, the licensor is entitled of forfeit the said Security Deposits, besides reserving its right to institute suitable legal proceedings for eviction of the licensee under the provisions of the appropriate law.
10) That the licensee shall not assign either the whole or any portion of the Schedule Premises or allow any third party / parties to be in occupation of or carry on trade of whatsoever nature in the Schedule Premises without the written consent of the licenser, That where the licensee is a partnership firm it shall bring to the notice of the market 11) That he licensee all not effect any changes o the structure either permanent or temporary, either inside or outside the Schedule Premises without the written consent of the licenser.
12) That the licensee himself shall bear and pay the electricity and water charges in respect of the electricity and water consumed by him, to the concerned authorities as per the directions issued by the licenser from time to time in this regard.
13) That the licensee shall not carry on trade or use Schedule Premises for any illegal purposes like gambling, selling / stocking liquor / explosives / fire-crackers / any other explosives / inflammable good / articles or do anything that may cause danger to the property of the licenser or to the life and / property of the adjacent occupiers.
14) That the licensee shall not get the right to offer the Schedule Premises as security for any loss or create any charge or encumber the same in any manner.
15) That the licensee shall be bound to quit the premises within one month of the notice of cancellation of his licence by the licenser in the event of breach of any of the terms and conditions of this licence or in the event of the licensee being in arrears for a period of 3(three) months in respect of the leave and licence fees payable as herein prescribed legal heirs, executors of the licensee are liable to pay the arrears of licence fee to the Market Committee.
17) That the overall superintendence of the said premises shall be vested in the Market Committee whose Officers/staff shall at all reasonable hours be entitled to inspect the said premises about its state of repairs; the licensee shall be bound to keep the premises in good and hygienic conditions, and deliver the shop to the licenser in good condition after the expiry of the licence period or when he is asked to vacate the said premises.
18) That the licensee may also revoke the licence by giving one months notice to the licensor. The licence will be deemed as automatically revoked after the expiry of the period.
SCHEDULE S H O P N O:- MEASURMENT:
BOUNDED BY:- EAST:
WEST:
NORTH:
SOUTH:
IN WITNESS WHEREOF both the licenser and the licensee have signed this agreement of Leave and Licence on this ………………… day of ………………… 200_ LICENSEE WITNESSES:
(1)
(2) LICENSE FORM NO.(VIII) (See rule 16(2)) AGREEMENT OF LEAVE AND LICENCE (For sundryshop, canteen, weighbridge, teastall) This Agreement of Leave and Licence is entered into by and between:
THE AGRICULTURAL PRODUCE MARKET COMMITTEE …………….
herein after called 'LICENSOR', which expression shall wherever the context so requires shall include each of its successors, assigns on the one part, represented by Sri……………… S/o Sri……………….., aged about …………. years residing at …………, the Secretary and Sri………………. S/o Sri……………….., aged about …………. years residing at ……………….. hereinafter called the 'LICENSEE' of the other part, witnesseth as follows:
Whereas the LICENSEE who is the market functionary and licence holder from the LICENSOR, has applied for allotment of a shop/shop-cumgodown/godown for doing business in the notified agricultural produce.
Whereas, the licensor has established a market yard at ……….
intending toprovide facilities to market functionaries dealing in notified agricultural produce.
Whereas the licensee herein has applied for allotment of a sundryshop,canteen, weighbridge, tea-stall on Leave and Licence basis to carry on the trade in notified agricultural produce and the licensor has agreed to allot the Schedule property.
Whereas in licensor has resolved to allot the Schedule property to the allotee on leave and license basis in its resolution No………. in its meeting held on …-…-200_.
Whereas, both the parties are desirous of reducing in writing terms and conditions enumerated hereunder:
TERMS AND CONDITIONS:
(1) That the leave and licence granted by the licenser to the licensee is only for a period of 11 months renewable every 11 (ELEVEN) months from the date of this agreement subject to a maximum period of 55 months.
(2) On the expiry of the period of this license, the licensee shall be given first preference in case of renewal of the licence to use the said premises for any further period (not more than 11 months at a time) provided the licensee has conformed to all the terms and conditions and rules prescribed there for during the prior occupation of the said premises.
(3) If the licensee desires to renew the leave and licence for one more period of 11 months, he should submit his application to the licenser not less than 2 (TWO) months before the expiry of the leave and licence.
4) That the licensee shall deposit a sum equal to leave and licence fee for 10 (TEN) months with the licenser as the Security Deposit in respect of Schedule Premises. The said Security Deposit will not carry any interest.
(5) The licensee is entitled to seek reimbursement of the said security sum on his expressing desire to vacate and hand over possession of the Schedule Premises of the licensee on giving one month's clear notice in writing.
(6) The licensee should pay the leave and licence fee of the previous month before 10th (TENTH) of the next month falling which the licenser has right to impose penal fee at 10% per month.
(7) If the licensee fails to remit the leave and licence fee for 3 (THREE) consecutive months, the licenser has the right to adjust the Security Deposit, besides reserving its right to recover the balance amount and to take back the possession of the Schedule Premises.
(8) The licensee shall not utilize the premises for any other purpose than for which it is allotted the licenser has reserved the right to revoke the licence by giving one month's notice to the licensee, if the Secretary is satisfied that the allotted premises is not used for the purpose for which it is allotted.
(9) The licence fee will be revised every 33 months at enhancement of 5% of the leave and licence fee, the licensee should abide by it.
(10) In the event of the licensor desiring to terminate the leave and licence and take back possessions of the Schedule Premises, upon service of notice of eviction of the licensee by the licenser, the licensee shall, within 15 (FIFTEEN) days from the date of service of this notice, hand over vacant possession of the Schedule Premises to the Licenser. If the licensee fails to do so, the licensor is entitled of forfeit the said Security Deposits, besides reserving it right to institute suitable legal proceedings for eviction of the licensee under the provisions of the appropriate law.
(11) That the licensee shall not assign either the whole or any portion of the Schedule Premises or allow any third party/parties to be in occupation of or carry on trade of whatsoever nature in the Schedule Premises without the written consent of the licenser, That the licensee should bring to the notice of the market committee any change in constitution of the Partnership. The licensee agrees not to assign the premises or the interest therein to the partners of the reconstituted partnership unless persons who were partners of the firm before change continued to be partners after the change.
(12) That the licensee shall not effect any changes to the structure either permanent or temporary, either inside or outside the Schedule Premises without the written consent of the licenser.
(13) That the licensee himself shall bear and pay the electricity and water charges in respect of the electricity and water consumed by him, to the concerned authorities as per the directions issued by the licenser from time to time in this regard,
(14) That the licensee shall not carry on trade or use Schedule Premises for any illegal purpose like gambling, selling/stocking liquor/explosives/firecrackers/any other explosives/inflammable good/article or do anything that may cause danger to the property of the licenser or to the life and/property of the adjacent occupiers.
(15) That the licensee shall not get the right to offer the Schedule Premises as security for any loss or create any charge or encumber the same in any manner.
(16) That the licensee shall be bound to quit the premises within one month of the notice of cancellation of his licence by the licenser in the event of breach of any of the terms and conditions of this licence or in the event of the licensee being in arrears for a period of 3 (three) months in respect of the leave and licence frees payable as herein prescribed legal heirs, executors of the licensee are liable/e to pay the arrears of licence fee to the market committee.
(17) That the overall superintendence of the said premises shall be vested in the market committee whose Officers/staff shall at all reasonable hours be entitled to inspect the said premises about its state of repairs; the licensee shall be bound to keep the premises in good and hygienic conditions, and deliver the shop to the licenser in good condition after the expiry of the licence period or when he is asked to vacate the said premises.
(18) That the licensee may also revote the licence by giving one month's notice to the licensor. The licence will be deemed as automatically revoked after the expiry of the period.
SCHEDULE S H O P N O :- BOUNDED BY:- MEASURMENT:
EAST:
WEST:
NORTH:
SOUTH:
IN WITNESS WHERE OF both the licenser and the licensee have signed this agreement of Leave and Licence on this… . . . . . . . . . . . . . . .
day of . . . . . . . . . 200. . . . . . . . . at. . . . . . . . . . . . . . . . . … . . . . . . . . . . .
LICENSEE WITNESSES:
(1) LICENSER
(2) F O R M NO. IX (See rule 8(3) ) SENIORITY LIST OF APPLICANTS SECRETARY AGRICULTURAL PRODUCE MARLET COMMITTEE SI No Name of the applicant with full address Regidtr ation Card Numbe r Licnece Number and Date Status of the applican t From how many years he is a licnesee Number of attempt s made for allotmen t Market fee paid for past three years 3 years averag e matket fee Total points secured Rema rks 200- 200- 200- 1 2 3 4 5 6 7 8 9 10 11 12 13