Published in Hindi vide Notification No. 1-6/70 Colony-2. dated 4-6-80 in R.H.P. dated 1-11-1980, pages 1133-1140).

HP044

Short title.- These rules may be called the Himachal Pradesh New Mandi Townships (Development and Regulation) Rules, 1980.
Definitions.- In these rules, unless the context otherwise requires: -

(a) "Act" means the Himachal Pradesh New Mandi Townships (Development and Regulation) Act, 1973;

(b) "form" means a form appended to these rules; and

(c) "Obnoxious trade" shall be deemed to be carried on in any site or a building if the site or building is used for any of the following purposes: -

(i) melting tallow, dressing raw hides, boiling bones offal or blood;

(ii) as a soap house, oil boiling house, dyeing house or tannery;

(iii) as a brick field, brick-kiln, charcoal-kiln, pottery or like-kiln;

(iv) as any other manufactory, engine house, store house or place of business from which offensive or unwholesome smells, gases, noises, or smoke arise;

(v) as a yard or depot for trade in unslacked lime, hay, straw, thatching grass, wood, charcoal or coal or other dangerously inflammable material;

(vi) as a store-house for any explosive or for petroleum or any inflamable oil or spirit.

Mode of selling land and buildings.- (1) The land and building in New Mandi Townships shall be sold by the State Government by auction:

Provided that if the Government or semi-Government institutions, local authorities, registered private institutions, corporations in the public sector, the displaced persons, of the Scheme area, whose lands or/building have been acquired within the limits of Mandi Township, the Government employees, including retired Government employees who join to form Housing Co-operative Societies, for the purpose of constructing residential/houses, or the Armed Forces personnel who intend to purchase site; for residential houses, the land, plots or building, may be sold to them by allotment

(2) Before holding an auction under sub-rule (1) the Administrator shall, at least fifteen days before the date of auction, publish a notice in form 'A'

(3) The notice in form 'A' under sub-rule (2) shall be published by affixing a copy thereof at the office of the Administrator and at such conspicuous places in the locality, in which the property to be sold is situate, as the Administrator may think fit. The notice shall also be published in two of the newspapers having circulation in that locality.

(4) The final bid which is accepted by the Administrator shall be subject to the approval of the State Government.

(5) (i) In the case of sale by allotment, the intending purchaser shall make an application to the Administrator in form "B".

(ii) The applicant shall unless he refuses to accept the allotment within sixty days of the date of receipt of the allotment order, deposit within that period the sale price in lump-sum. The period for payment of sale price may, on sufficient cause being shown by the applicant, be extended by the Administrator, but the period of such extension shall in no case exceed 180 days. In case of failure to deposit the said amount within sixty days of the issue of allotment order, interest at the rate of seven percentum per annum shall be paid by the applicant and when no payment is made within the extended period, the allotment may be cancelled and the payment already made may be forfeited to the state Government by the Administrator in whole or in part as he may deem fit and the applicant shall have no claim to it.

Sale price.- (1) In the case of sale by auction, the sale price shall be the reserve price or any higher price determined as a result of bidding in open auction.

(2) In the case of sale by allotment, the sale price shall be the price which shall be determined by the State Government from time to time.

Explanation: - For the purpose of sub-rule (1) the expression "reserve price" means cost of land plus development charges incurred by the department for the development and improvement of the land and providing amenities like roads, drainage, water supply and street lighting etc.

Terms and Condition of sale.- The sale of lands or buildings by a auction or allotment be subject to the terms and conditions given in form "A", or "B" as the case my be, and the provisions of the Act and these Rules.
Delivery of possession.- (1) The Administrator shall after an allotment or bid, as the case maybe, is made or sanctioned by the State Government issue an order of allotment in favour of the transferee.

(2) The transferee shall execute a deed of conveyance in form 'C in the case of sale by auction and in form 'D' in case of sale by allotment, within a period of six weeks from the date of issue of the order of allotment.

Additional conditions of sale of cinema sites (Section 3(2) & 26(a)).- The erection of building on the Cinema site shall conform to the provisions of the Himachal Pradesh Cinemas (Regulation) Act, 1979 (Act No. 4 of 1979) and the rules framed thereunder.
The manner in which consideration money for transfer shall be paid (Section 26(b)).- (1) Twenty-five per cent of the amount of bid accepted by the auctioning Officer shall be paid on the spot by the auction purchaser in cash or by means of Demand Draft ora Cheque payable to the Administrator and drawn on any Scheduled Bank situated at a station where branch of the State Bank of India is functioning.

Explanation: - For the purposes of this sub-rule the "Scheduled Bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (Act No. 2 of 1934).

(2) The balance of the sale price shall be paid alongwith interest at the rate of 7 percent per annum in;

(a) six equated half-yearly instalments in the case of commercial plots; and

(b) three equated annual instalments in the case of residential plots.

(3) The first instalment shall, be payable six months after the date of the order of allotment in the case of commercial plots and one year in the case of residential plots.

(4) Interest shall accrue from the date of issue of the order of allotment but no interest shall be payable if the balance is paid within a period of thirty days of the date of receipt of the order of allotment by the transferee.

(5) Each instalment shall be remitted by the transferee to the Administrator in the manner provided in sub-rule (1).

Service of notice (Section 13 & 26(g)).- In case an instalment is not paid by the transferee by the tenth of the month following the month in which it falls due, notice in Form 'E' shall be served on the transferee calling upon him to pay the instalment within a month together with a penalty which may extend to ten per cent of the instalment payable. If the payment is not made within the said period or such extended period as may be allowed by the Administrator, the Administrator may, without prejudice to any other remedy available under the Act or these Rules, proceed to have the same recovered as an arrear of land revenue.
Manner of service of notice (Section 26(g)).- The notice in Form 'E' may be served on an individual or a group of individuals either personally or by fixation on a prominent part of the land or building or by beat of drum or by registered post.
The form and manner in which appeals and applications under the Act may be filed and the court fees leviable thereon (Section 26(b)).- (1) Every appeal under sub-section (1) of section 16 shall be preferred in the form of memorandum signed by the appellant or his pleader and shall be accompanied by a copy of the order appealed against.

(2) The memorandum shall set forth, concisely and under distinct heads the grounds of objections to the order appealed against without any argument or narration and such ground shall be numbered consecutively.

(3) The memorandum of appeal shall bear a Court fee stamps of Rs. 1.25 p and an application for revision a Court fee stamps of Rs 2.65 p

Delivery of possession (Section 26(a)).- The possession of the land or building sold under these rules shall be given after the dote of issue of the order of allotment.
Use of site (Section 26(a).- The transferee shall not use the site for a purpose other than that for which it has been sold to him and shall keep the property in good repair.
Time within which the building is to be erected (Section 26(a)).- The transferee shall complete the building within two years from the date of the issue of the order of allotment in accordance with the conditions prescribed by the State Government in this behalf, if any This time-limit may be extended by the Administrator for a period not exceeding six months if he is satisfied that the failure to complete the building within the said period was due to reasons beyond the control of the transferee. Beyond that sanction of the State Government shall be required on an application for extension of time.
Fragmentation (Section 26(a)).- No fragmentation of any site shall be allowed except with the previous permission in writing of the Administrator.
Plans (Section 26(a)).- Plans of construction shall be first got approved from the Administrator.
Prohibition of obnoxious trade (Section 26(a)).- No obnoxious trade shall be carried on in or on any site or any building erected on a site except with the previous permission in writing of the Administrator.

Form 'A'

(See Rules 3 & 5)

Form of notice and conditions of sale by public auction of building sites/buildings in the New Mandi Township.

(a) Notice

Sale of........................

Notice is hereby given that the undersigned invites offers at public auction for the purchase of.............................(Here should be inserted the brief description of the property to be sold/auctioned showing also where it is situate) being the property of the State Government.

The auction will be held by the Administrator,.........................and will commence at.........................a.m. on the.....................

Plans showing full details of the property to be sold will be open to inspection on any working day during office hours at the office of the Administrator, where from further information can also be obtained and the plans, etc., can be obtained on payment.

(b) Conditions of sale

Bidding.- Offers will be received subject to a reserve price and to the right of the State Government through any of its agents of the auctioneer to bid upto or beyond such reserve price and to withdraw the property without declaring such reserve price. The Administrator shall have the right to reject any bid without assigning any reason or to withdraw any property from auction.
Right of Government to accept or reject a bid.- Subject as aforesaid, the highest bid received by the auctioner will be communicated to the Government which may either accept or reject it without assigning any reason. But the auctioner may refuse to receive any bid.
Levelling of uneven site.- Government will not be responsible for levelling uneven sites.
Settlement of dispute.- If any dispute arises respecting a bid, the property shall be put up again for auction at the last undisputed bid.
Auction in lot or lots.- The property may be put up for auction in one lot or in such lots as the Administrator may decide.
Initial deposit.- Immediately after the close of the bidding the person making the bid, which is accepted by the auctioner, shall pay to the Administrator as agent of the State Government, a deposit of 25 percent towards payment of his purchase money.
Memorandum of offer.- He shall also sign a memorandum of offer in the form annexed hereto.
Identity and errors of description.- Bids will be invited by reference to street number or by reference to the number shown on the plan at the Administrator's office. The description of the several lots given therein shall be deemed to be correct and if any error shall be found therein the same shall not annul the sale nor shall any Compensation be given in respect thereof.
The sale will be subject to the reservations in favour of the State Government which are set forth in the Conveyance Deed given in Form 'C' and the purchaser will be bound by the covenants contained therein. In particular the purchaser will be required to enter into a covenant not to use the property for any purpose other than that for which it is sold and not to convert the residential, commercial and industrial sites, one into the other and to keep the property in good repair.
Payment of taxes, cesses, etc.- The transferee shall pay all general and local taxes and cesses for the time being assessed on the site by a competent authority.
Fragmentation.- No fragmentation of any building site shall be allowed.
Delivery of possession.- The possession of the site shall be given to the transferee after the date of issue of the order of allotment.
Restriction on transfer.- Until the full price of the site has been paid, no transfer of any right, title or any interest in it shall be permitted without the previous sanction of the Administrator. The transferee, however, shall be permitted to let on monthly basis a part or whole of the building erected on the site.
Time within which a building is to be erected.- The transferee shall complete the building within two years from the date of the issue of the allotment order in accordance with the conditions prescribed by the State Government in this behalf, if any This time limit may be extended for a period not exceeding six months by the Administrator if he is satisfied that the failure to complete the building within the said period was due to reasons beyond the control of the transferee Beyond that, sanction of the State Government shall be required on an application for extension of time.
How to make payment.- All payments shall be made in cash or by means of a Demand Draft ora cheque payable to the Administrator and drawn on any Scheduled Bank situated at a station where a Branch of the State Bank of India is functioning.

Explanation. - For the purpose of this clause the expression "Scheduled Bank" shall mean a bank included in the Second Schedule to Reserve Bank of India Act, 1934 (Act No 2 of 1934).

Completion of the sale.- If the bid is accepted by Government, the sale shall be completed within six weeks from the date of issue of the allotment order The transferee shall obtain a deed of conveyance in Form 'C' from the Administrator's Office and shall, at least seven days before the date fixed for completion of sale, return the deed to the Administrator's Office duly stamped at his own expense and ready for execution.
Payment of balance.- Within the time fixed for the payment of the balance of the sale price, the transferee shall pay the balance and interest thereon in the manner specified in clause No. 15 above.
Forfeiture.- Should any transferee fail to observe or comply with any of the foregoing conditions his deposit shall be forfeited to the State Government which may have the property resold by public auction. Any deficiency of price which may result on such resale shall be made good and paid by the defaulting purchaser.
Purchase by more persons than one.- No bid will be accepted in the name of a firm or in any name other than that of a single living person unless the names of all the persons making the offer are given without any specification of shares and the person making the bid produces a power of attorney authorising him to bid on their behalf. No bid will be accepted in the name of more than seven persons and if the bid is to be made in name of an association, the bidder shall produce the necessary documents to show that the association has been duly registered and that he has the authority to bid and enter into an agreement of sale on its behalf.
Approval of construction plans.- Plans of construction would be first got approved from the Administrator, New Mandi Townships.........................

Memorandum of Offer

(See Condition No 7)

Particulars of Lots Sold

I......................................................... Son of...................of Village..............Tehsil..................District................. hereby acknowledge that I have this day made an offer for the purchase of the property described in the schedule, below, sublet to the provisions of the Himachal Pradesh New Mandi Townships Act, 1973, and the rules framed thereunder and the conditions contained in Form 'A' at the price of Rs. and have paid to the Administrator------------------------------as auctioner the sum of--------------------------Rs.------------------------by way of deposit in part-payment and I hereby agree to pay the balance alongwith interest and to complete the purchase in accordance with the aforesaid conditions if my offer is accepted by Government.

In witness thereof I/We have set my/our hand hereunto, this day of.......................

............. (Signature of Purchaser)

Purchase money	Rs.........
Deposit paid	Rs.........
Balance due	Rs..........

Certificate

I............................... Administrator hereby certify that..................son of...........village..............Tehsil..........District........................has given the highest bid of Rs on the...........day of...................for the under mentioned property and has deposited the amount indicated above in the Memorandum of offer.

Signature of Administrator, New Mandi Township.

Schedule:

Form 'B'

(See sub-rule (5) of rule 3 & rule 5)

(a) Application for the transfer or sale of land or building in the New Mandi Township.............................in favour of The Government Institutions, the Semi-Government Institutions, the Local authorities, the regd. Private institution, the corporation in the public sector, the displaced persons in the scheme area, Government employee housing co-op. society, the armed forces personnels.

(Delete whichever is not applicable).

The Administrator, New Mandi Township. ................

Sir/Madam,

l/We intend purchasing the property described hereunder, subject to the provisions contained in the Himachal Pradesh New Mandi Townships Act, 1973 and the rules framed thereunder. l/We have read and understood the rules and conditions laid down for the purchase of said property and hereby agree to abide by thereof.

Name(s) of the applicant
Name of the New Mandi Township

where the land is required.

Particulars of the land required

(with areas)

Purpose for which the land is required
Any other relevant information; -

Yours faithfully, Signature of the applicants) Present address(es)

Dated: -

Condition of Sale By Allotment

Allotment.- The intending purchaser shall make an application to the Administrator. The Administrator shall have the right to reject the application without assigning any reason or to withdraw any property from allotment.
Submission of application to State Government.- The Administrator shall then forward the application with the proposed sale price of the said property to the State Government which may either accept or reject it without assigning any reason.
Allotment Order.- If the application as well as the proposed sale price is accepted by the State Government, the same shall be communicated to the Administrator who shall issue an Allotment Order to the applicant(s).
Deposit of sale price.- The applicant(s) shall then deposit the sale price according to the provisions contained in sub-rule (5)(ii) of rule 3 of the Himachal Pradesh New Mandi Townships (Development and Regulations) Rules, 1980.
Levelling of uneven sites.- The State Government will not be responsible for levelling uneven sites.
Settlement of disputes.- If any dispute arises regarding allotment of the property, the Administrator shall settle it as per records in the papers.
Terms and Conditions of sale.- The sale will be subject to the reservations in favour of the State Government which are set forth in the Conveyance Deed given, in Form 'D' and the purchaser will be bound by the covenants contained therein. In particular the purchaser will be required to enter into a covenant not to use the property for any purpose other than that for which it is sold and not to convert the residential, commercial and industrial sites one into the other and to keep the property in good repair.
Payment of taxes, cesses, etc.- The transferee shall pay all general and local taxes and cesses for the time being assessed on the site by a competent authority.
Fragmentation.- Subject to rule 15, no fragmentation of any building site shall be allowed.
Delivery and possession.- The possession of the site shall only be given to the transferee after he has deposited the sale price as per sub-rule (5)(ii) of rule 3 of the Himachal Pradesh New Mandi Townships (Development and Regulation) Rules, 1980.
Restriction on transfer.- Until the full price of the site has been paid no transfer of any right or title or any interest in it shall be permitted without the previous sanction of the Administrator. The transferee, however, shall be permitted to let on monthly basis a part or whole of the building erected on the site.
Time within which a building is to be erected.- The transferee shall complete the building within two years from the date of the issue of the allotment order in accordance with the conditions prescribed by the State Government in this behalf, if any. This time limit may be extended for a period not exceeding six months by the Administrator if he is satisfied that the failure to complete the building within the said period was due to reasons beyond the control of the transferee Beyond that, sanction of the State Government shall be required on an application for extension of time.
How to make payments.- All payments shall be made in cash or by means of a Demand Draft or a cheque payable to the Administrator and drawn on SBI or any Scheduled Bank situated at a station where a branch of the State Bank of India is not functioning.

Explanation. - For the purpose of this clause the expression "Scheduled Bank" shall mean a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (Act No. 2 of 1934)

Completion of sale.- If the application for allotment is accepted by the Government the sale shall be completed within 180 days or earlier from the date of issue of the allotment order. The transferee shall obtain a deed of conveyance in Form ’C from the Administrator’s Office and shall, atleast seven days before the date fixed for completion of sale, return the deed to the Administrator's office duly stamped at his own expense and ready for execution.
Forfeiture.- Should any transferee fail to observe or comply with any of the foregoing conditions, his deposit shall be forfeited to the State Government which may have the property resold by the public auction or allotment. Any deficiency of price which may result on such resale shall be made good and paid by the defaulting purchaser.
Approval of construction plans.- Plans of constructions would be first got approved from the Administrator, New Mandi Township........

Form 'C'

(See Rule 6(2))

Deed of conveyance of land/building in the......................Mandi Township sold by auction to be used as a site for shop/Residence/Shop-cum-Residence/Factory

This indenture is made the day........of......between the Governor of Himachal Pradesh (hereinafter called the "vendor", of the one part and......................, son of........... resident of.........Mandi Township, in the district of in Himachal Pradesh (hereinafter called the "vendee") of the other part;

Whereas the land/building hereinafter described and intended to be hereby conveyed was owned by the Vendor in full proprietary rights and the same measuring.......adjOining and on the ...................of ,situated on the was sold by auction and that sale was sanctioned vide Himachal Pradesh Government, Colonisation Department, memo No...........................,

dated for Rs on the..............day of...............,

And whereas the Vendee has paid to the Vendor a sum of Rs...... by way of deposit in full towards payment of the said purchase money pursuant to the conditions of the sale in that behalf;

And whereas the said land/building was sold, as a site for........and the Vender agree to comply with the condition of sale.

And whereas the said conditions of sale inter alia provides for the execution of a deed of conveyance between the parties.

And whereas the order of allotment was issued on...................

Now, therefore, this deed witnesseth that for the purpose of carrying into effect the sale of land/building (hereinafter referred to as the "said land1") and in consideration of the covenants of the Vendee hereinafter contained and of the said sum of Rs......paid by the Vendee as hereinbefore mentioned, the receipt of which the Vendor acknowledges, the Vendor as beneficial owner hereby grants and conveys up to the Vendee, the said land/building.

All the aforesaid property described in the Schedule hereto attached and more particularly delineated in the plans filed in the office of the Administrator, signed by Administrator aforesaid on the.... day of...............

To have and to hold the same into and to the use of the Vendee in full proprietary right for ever subject nevertheless to the exceptions, reservations, conditions and covenants hereinafter contained and each of them that is to say:

(1) The Vendor reserve to himself all mines and minerals whatsoever in. under or upon the said property with all such rights and powers as may be necessary or expedient for the purpose of searching or, working, obtaining, removing and enjoying the same at all such time and in such manner as the Vendor thinks fit, with powers to carry out any surface or under-ground working and to let down the surface of all or any part of the said land that may be erected thereon now or hereinafter and sink pits, erect building, construct lines and generally to be appropriate and the surface of the said lands for the purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exception and reservations hereinbefore contained;

Provided that the Vendee shall be entitled to receive from the Vendor such payment for the occupation by him of the surface and for the damage done to the surface or to building on the land by such works or workings or letting down as may be agreed upon between the Vendor and the Vendee or failing such agreement as shall be ascertained by reference to arbitration.

(2) The land revenue in respect of the land shall be payable by the Vendee.

(3) The Vendee shall pay all general and local taxes, rates or cesses for the time being imposed or assessed on the said property by competent authority.

(4) The Vendee shall complete to the satisfaction of the Administrator the construction of the said................within two years from the date of the issue of allotment order of the said land; provided that the time under this clause may be extended by the Administrator in case if failure to complete the building by the stipulated date was due to reasons beyond the control of the Vendee

(5) The Vendee shall not, except with the previous permission of the Administrator, use the building to be erected on the said land for any purpose inconsistent with that for which the said land is sold, that is, for any purpose other than that of................or permit the same to be so used.

(6) The Vendor may by his officers and servants, at all reasonable times, and in a reasonable manner, after 24 hours notice in writing, enter in and upon the said land or building erected thereon for the purpose of ascertaining that the Vendee has duly performed and observed the covenants under these presents.

(7) The Vendor shall have full rights, power and authority at all times to do all acts and things which may be necessary and or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and to recover from the Vendee as first charge upon the said land and the building erected thereon the costs of doing all or any such acts, and things and all costs incurred in connection therewith or in any way relating thereto.

(8) In the event of non-observance by the Vendee or his legal representative of any of the covenants herein on his part to be observed then in any such case, it shall be lawful for the Vendor, notwithstanding the waiver of any previous cause or right for re-entry to enter into and upon the said land or building erected thereon or any part thereof and to re-possess, retain and enjoy the same as of his former estate and the Vendee shall not be entitled to a refund of the purchase money or any Part thereof or to any compensation whatsoever on account of such a resumption.

(9) That all the dispute and differences arising out of or in any way touching or concerning this agreement shall be referred to the sole arbitration of the Secretary to Government of Himachal Pradesh... Department acting as such at the time of reference. It will be no objection to such appointment that the arbitrator so appointed is a Government servant and that he had to deal with the matters to which this deed relates or that in the course of his duties as such Government servant he has expressed his views on all or any of the matters in dispute or difference. The award of such arbitrator shall be final and binding on the parties to this agreement.

(10) If and so long as the Vendee shall fully perform and comply with, and shall continue to so perform and comply with each and all of the terms and conditions herein made and provided but not otherwise the Vendor will secure the Vendee full and peaceful enjoyment of the rights and privileges herein and hereby conveyed and assured.

And it is hereby agreed and declared that unless a different meaning shall appear from the context,-

(a) the expression "Vendor" used in these presents shall include in addition to the State Government, the successors and assignees of the Government of Himachal Pradesh and in relation to any matter or things contained in or arising out of these presents every person duly authorised to act for or to represent the Vendor in respect of such matter or things;

(b) the expression "Vendee" used in these presents shall include in addition to the said Vendee his lawful heirs, successors, representatives, assignees, transferees, lessees and any person or persons in occupation of the said land or building erected thereon.

In witness whereof the parties to this deed subscribed their hands on the dates respectively mentioned under their signatures in the.......year of the Republic of India.

Signed................ Dated..............

I..............

Dated .........................

Secretary to Government of H.P ..........Department for and on behalf of the Governor of Himachal Pradesh Witness:

2............

........... Signed (Vendee) dated.....

Form "D"

(See Rule 6(2))

Deed of conveyance of land/building in the...........................Mandi Township sold by allotment to be used as a site for Shop/Residence/Shop-cum-Residence/Factory.

This indenture is made the........day of........between the Governor of H.P. (hereinafter called the "Vendor") of the one part and son of resident of..........Mandi Township, in the district of................in Himachal Pradesh (hereinafter called the "Vendee") of the other part;

Whereas the land/building hereinafter described and intended to be hereby conveyed was owned by the Vendor in full proprietary rights and the same measuring................adjoining and on the......................of situated on the...................

was sold by allotment and that sale was sanctioned vide Himachal Pradesh Government colonisation Department, memo No........................, dated..........for Rs.................on the.................day of.......................

And whereas the Vendee has paid to the Vendor the sum of Rs by any of deposit in full towards payment of the said purchase money pursuant to the conditions of the sale in that behalf;

And whereas the said land/building was sold, as a site for-......................and the Vendee agree to comply with the conditions of sale;

And whereas the said conditions of sale inter-alia provides for the execution of a deed of conveyance between the parties;

And whereas the order of allotment was issued on...................Now, therefore, this deed witnesseth that for the purpose of carrying into effect the said sale of land/building (hereinafter referred to as the "said land") and in consideration of the covenants of the Vendee hereinafter contained and of the said sum of Rs paid by the Vendee as hereinbefore mentioned (the receipt of which the Vendor hereby acknowledges) the Vendor as beneficial owner hereby grants and conveys upto the Vendee, the said land/building.

All the aforesaid property described in the schedule attached and more particularly delineated in the plans filed in the office of the Administrator signed by Administrator aforesaid on the.....day of..........

To have and to hold the same into and to the use of the Vendee of full proprietary rights for ever subject nevertheless to the exceptions, reservation, conditions and covenants hereinafter contained and such of them that is to say;

(1) The Vendor reserves to himself all mines and minerals whatsoever in, under the said property with all such rights and powers as may be necessary or expedient for the purpose of searching, or, wearing, obtaining, removing and enjoying the same at all such time and in such manner as the Vendor thinks fit, with powers to carry out any surface or underground working and to let down the surface of all or any part of the said land that may be erected thereon now or hereinafter and sink pits, erect building, construct lines and generally to appropriate and the surface of the said lands for the purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exceptions and reservations hereinbefore contained;

Provided that the Vendee shall be entitled to receive from the Vendor such payment for the occupation by him of the surface and for the damage done to the surface or to building on the land by such works or working or letting down as may be agreed upon between the Vendor and the Vendee or foiling such agreement as shall be ascertained by reference to arbitration.

(2) The land revenue in respect of the land shall be payable by the Vendee.

(3) The Vendee shall pay all general and local taxes, rates or cesses for the time being imposed on the said property by competent authority.

(4) The Vendee shall complete to the satisfaction of the Administrator the construction of the said..........within two years from the date of the issue of allotment order of the said land; provided that the time under this clause may be extended by the Administrator in case the failure to complete the building by the stipulated date was due to reasons beyond the control of the Vendee.

(7) The Vendor shall have full rights, power and authority at all times to do all acts and things which may be necessary and or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and to recover from the vendee as first charge upon the said land and the building erected thereon the costs of doing all or any such act, and things and all costs incurred in connection therewith or in any way relating thereto.

(8) In the event of breach or non-observance by the Vendee or his legal representative of any of the covenants herein on his part to be observed then in any such case, it shall be lawful for the vendor, notwithstanding the waiver of any previous cause or right for re-entry, to enter into and upon the said land or building erected thereon or any part thereof and to repossess, retain and enjoy the same as of his former estate and the Vendee shall not be entitled to a refund of the purchase money or any part thereof or to any compensation whatsoever on account of such resumption.

(9) That all the disputes and differences arising out of or in any way touching or concerning this agreement shall be referred to the sole arbitration of the Secretary to Government, Himachal Pradesh..............Department acting as Such at the time of reference. It will be no objection to such appointment that the arbitrator so appointed is a Government servant and that he had to deal with the matters to which this deed relates or that in the course of his duties as such Government servant he has expressed his views on all or any of the matters in dispute or difference. The award of such arbitrator shall be final and binding on the parties to this agreement.

(10) If and so long as the Vendee shall fully perform and comply with, and shall continue to so perform and comply with, each and all of the terms and conditions herein made and provided but not otherwise the Vendor will secure the Vendee full and peaceful enjoyment of the rights and privileges herein and hereby conveyed and assured.

And it is hereby agreed and declared that unless a different meaning shall appeal from the context -

(a) The expression "Vendor" used in these presents shall include in addition to the State Government, the successors and assignees of the Government of Himachal Pradesh and in relation to any matter or things contained in or arising out of these presents every person duly authorised to act for or to represent the Vendor in respect of such matter or things;

In witness whereof the parties to this deed subscribed their hands on the dates respectively mentioned under their signatures in the..........yea of the Republic of India.

Witness

1..................

dated............

Signed............ Dated.............. Secretary to Govt of H.P .................Department for and on behalf of the Governor of Himachal pradesh.

witness

2.............

Dated

Signed.............. (Vendee) Dated............

Form "E"

(See Rules 9 and 10)

Under Postal Certificate No. (Sales)................

Dated........................................

Office of The Administrator New Mandi Township

Shri..................... .........................

Whereas you purchased Mandi shop/Booth/Residential/industrial plot No..............................................in Mandi Town.............and whereas the.................instalment of the sale price payable on..........................................................has not been paid so far. Please take notice therefore, that you should pay Rs.........as the.instalment of the sale price plus ......................on account of penalty at the rate of Rs......................percent of the instalment due, on or before failing which I shall take action to recover the same as arrears of land revenue.

Issued under my hand and the seal this..........................................day of........................

Administrator New Mandi Township.

Revenue Department

Notifications

Declaration of New Mandi Townships

Simla-171002, the 28th March, 1980

No. 1-5/72-Col (Revenue). - In exercise of the powers conferred by sub-section (1) of section 3 of the Himachal Pradesh New Mandi Townships (Development and Regulation) Act, 1973 (Act No 18 of 1973) and all other powers enabling him in this behalf, the Governor, Himachal Pradesh, is pleased to declare the Area of Saproon Colony in Solan District as a New Mandi Township subject to the conditions laid down in section 25 of the Act ibid for the purpose of the said Act.

(R.H.P date 3.5.1980, P. 536)

Himachal Pradesh New Mandi Townships (Development and Regulation) Rules, 1980