LICENCE DEED
THIS AGREEMENT made on this…………….day of………………two thousand …………………at Delhi between the President of India (hereinafter called the ‘licensor’) which expression shall unless the context requires a different or another meaning, include his successors and assigns through DDA, a body constituted under Section 3 of the Delhi Development Act, 1957 and Shri………….. s/o Shri ………….. resident of ………. hereinafter called the ‘licencee’).
WHEREAS the licensor is willing to grant the licensee a licence for use of land bearing No. …………. subject to the terms and conditions specified hereinafter:
WHEREAS the licensee ………………..for grant of a licence for …………….. is willing to get licence granted to him on monthly licence fee of Rs………………………
AND WHEREAS the licensee has represented to the licensor that the former is well equipped with and can make adequate arrangement for…………….. with the previous approval of the licensor.
NOW, THEREFORE, it is mutually agreed:
1. That in consideration of the payment of Rs……………………….. (Rupees……………….only) as security deposit received vide Receipt No……………..dated ………….in the form of Banker’s Guarantee issued by ……………Bank under No…………. dated …………..in the form of fixed deposit certificate bearing No……………. issued by…………………..Bank, being equivalent to 11 months’ licence fee quoted, by the licensee for due and proper performance of these presents and also willingness of the licensee to pay Rs………………(Rupees ……………only) per mensum for ………………..the licensor grants unto the licencee and authorises him to use the said land bearing No……………. subject to the conditions hereinafter appearing for a period of …………months commencing from the date of these presents.
2. That the licensee shall keep and maintain the and the site around the ………. in a clean, proper and decent condition, well equipped with ………….. and shall not suffer the premises to be in a bad state of affairs during the currency of the period of licence and shall not in any manner damage the wall, floor or other structure of the ………. nor cause any kind of obstruction, to the user of ………. in any manner whatsoever.
3. That the licensee shall charge such rates as may be approved by the licensor and shall exhibit the schedule of rates at a conspicuous place in the premises.
4. That licensee shall maintain the ……….in clean and hygienic conditions and shall conform to the rules, regulations, or bye-laws made in this regard by the municipal authority concerned.
5. That the licensee shall arrange his business in such a manner that he shall be in a position to cater to the needs of ……………. He shall employ sufficient number of employees and servants for rendering quick service to the persons………………..
6. That the licensee shall place and continue to keep in the aforesaid premises all necessary equipments and shall not remove any item from the site of…………. thereof without previous approval of the licensor.
7. That the licensee shall not display or exhibit pictures, posters, statutes or other articles which are repugnant to the morale or art of indecent, immoral or other improper character. It is expressly agreed that the decision of the licensor in this behalf shall be conclusive and binding on the licensee and shall not be a subject matter of dispute.8. That the licensee shall not display or exhibit any advertisements or playcard or put upon any hoarding in any part of the interior or exterior other than those permitted expressly in writing by the licensor.
9. That the licensee shall have no right, title or interest in the premises licensed to him nor shall he be deemed to have exclusive possession thereof, except the permission to use the said site.
10. That the licensee shall not be entitled to allow any other person to use the premises in his stead or to use any part thereof. In the event of the death of the licensee, or the licensee becoming insolvent, or dissolved if it is a partnership firm prior to the expiry of the period fixed hereinafter, the licence shall stand terminated automatically and the legal representatives of the licensee shall not be entitled to use the premises. However, with the express approval of the licensor in writing the legal heirs or representatives may be permitted after discharging any liability that the licensee may have incurred remove the goods and other equipment that may be found at the licensed premises but in case the goods are not claimed by the legal heirs/representatives within four weeks of the demise of the licensee, the licensor may by public auction dispose of the same.
11. That the licensee shall pay the cost of light, power and water consumed by him at the ………………as per the demand of the authorities concerned.
12. That the licensee shall also pay all licence or other fee or taxes payable to the government or municipal or local bodies concerned in connection with ……………………… business at…………………
13. That the licensee shall cater to the needs of the …………. and the persons connected with them and failure to cater to the needs of those persons for a continuous period of seven days shall amount to a breach of the terms of this licence.
14. That if the licensee desires to close down the business within the period of licence, he will have to serve a notice of……….. months in advance from the date he proposes to close down the business. In such an event, the licensee will have to pay to the licensor, an amount which is equivalent to the product obtained by multiplying the number of unexpired months of licence period by the difference between the licence fee and the highest licence fee offered to it in the subsequent tender, as damages.
15. That notwithstanding the other rights, the licensor may in its sole discretion and on such terms as may be considered reasonable by it grant relief to the licensee against forfeiture of security deposit, imposition of interest or determination or revocation of the licence.
16. That the licensee shall abide by all rules, regulations, orders and instructions that the licensor may from time to time make or adopt or issue for the care, protection and administration of the and the general welfare and comfort of………… employees and other connected persons.
17. That the licensor shall not be responsible for the safety of ………………. or any other material or articles belonging to the licensee and also shall not be liable for any damage or injury to the property of the licensee lying at any time in, on, upon or around the said ……….from any cause whatsoever.
18. That the overall control of the ………………..and supervision of the ……….shall remain vested with the licensor, whose officers or authorised representatives shall have access to at all reasonable hours to the said premises or any part thereof.
19. That the licensor shall have the right to revoke the licence in the event of breach of any of the terms and conditions of this licence specified herein.
20. That the licensor shall have a lien on all the belongings and properties of the licensee for the time being in or upon the premises of the licensor.
21. That no expiry of the period of the licence or on determination or revocation of the licence under the terms and conditions hereof, any belongings of the licensee found in such …………. shall be liable to be sold through public auction unless claimed within a fortnight of the expiry of the period of licence or determination or revocation of the licence as the case may be. The licensor shall be entitled to appropriate out of the proceeds of such sale, the amounts due to the licensor from the licensee and also after deducting cost of administration and auction of those belongings, and the balance, if any, shall be paid over to the licensee or his legal heirs, representatives, etc., as the case may be.
22. That the licensor shall have the right to terminate the licence after giving one month’s notice without assigning any reasons thereof.
23. That in case, the ……………….site is destroyed or damaged by any natural calamity or riot or civil disturbance so as to make it unfit for use by the licensee, the licence shall stand determined automatically.
24. That in case of any dispute arising between the licensor and the licensee in respect of the interpretation or performance of any terms or conditions of this licence, the same shall be referred to the sole arbitration of the Vice-Chairman, Delhi Development Authority whose decision thereon shall be final and binding on both the parties. The licensee shall not object to the Vice-Chairman of the Delhi Development Authority acting as sole arbitrator on the ground that he had dealt with the case or has at some stage expressed opinion in any matter connected therewith.
25. That nothing herein contained shall be construed as conferring upon the licensee any right, title or interest in respect of, over, in or upon the premises and the property of the licensor.
26. That the dealing of the licensee/his employees with the ………………. shall be polite and courteous and he shall not indulge in or suffer any anti-social activities. The licensee shall also not indulge in any activity which may cause harm to the interest of the Delhi Development Authority or its employees.
27. That if the licensee allows credit he will do so at his own risk and the licensor will take no obligation whatsoever in this regard and no request or claim from the licensee will be entertained on this account.
28. That the licensee shall allow the representatives and the authorised staff of the licensor to enter upon the premises/ site in order to inspect and execute any structural repairs/ additions or alterations, at the site, check water and sanitary conditions or do renovations which may be found necessary from time to time by the licensor and for the purposes connected therewith and for the compliance of terms and conditions of any work relating to repairs/ additions/ alterations or other damages that may be caused during the course of installation of any fitting, fixtures, etc., or owing to the inspection of the premises.
29. That the licensee shall be responsible for all damages or loss of property due to the reasons for which he or his servants are directly responsible and shall be liable to make good any loss or damage that may be sustained by the licensor except those due to normal wear and tear or such as is caused by storm, earthquake or any other natural calamity beyond his control. The decision of the licensor in regard to the extent and quantum of compensation, if any, to be paid to it shall be binding upon the licensee.
30. That the premises allotted shall not be used for residential purpose or for a purpose other than that for which it is allowed. The licensee shall. not be permitted to utilise the premises or to carryon any other trade along with the authorised business of the licensee during the period of his licence.
31. That the licensee shall not keep any animal or conveyance in or outside the premises.
32. That the licensee shall also comply with the instructions given in the schedule attached hereto.33. That in case any amount becomes due against the licensee in respect of any matter covered under this licence, the same shall, on, the failure of the licensee to pay within the time prescribed, be recovered as arrears of land revenue.
34. That all or any of the powers vested in the licensor under these presents in respect of the grant, determination, revocation, cancellation or restoration of this licence or recovery of any dues in respect thereof or connected therewith shall also be exercised by Vice Chairman, Delhi Development Authority, Delhi and the licensee shall have no objection whatsoever in this respect.
IN WITNESS WHEREOF the parties to the agreement have signed this deed on the day first above mentioned a true copy thereof signed by both the parties has been retained by the licensee.
Licensor
(Delhi Development Authority)
Licensee
Witnesses:
1………………………………..
2………………………………..