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เอกสารสร้างวัดไทยพุทธคยา ๒๕๐๑ (2501 – 1958)

Part II Terms and Conditions. (1.57 Acres)

1. The lessee shall pay to the Collector of Gaya the said rent of Rs 584/- without deduction in one instalment on or before 15th January from year to year.

2. Expect with the previous sanction of the Collection in writing and on payment of a fee equal to 25 percent of the yearly rentel the lessee not trnsfer, assign, sublet or part with the possesion of the said demised land and premises or any part thereof. In the event of such sanction being given, the lessor shall be entitled to realise, in addition to the transfer fee prescribed herein, 50 percent in the unearned increase in the cost of land at the time of the transfer by the lessee to a third Party.

Provibed the sanction to atransfer, assignment, subleting, or parting with possession in favour of a person other than the lessor shall not be granted unless an offer of the said transfer, assignment subleting or parting with possession, for a consideration approved or fixed as reasonable by the Commissioner of the Patna Division whose decision shall be final, has been made in writing to the lessor aforsaid through the Collector of Gaya and has not been accepted by him. The offer shall be directed by the Collector of Gaya.

3. The lessee shall not cut down or inany way injure any trees standing on the side demised premises at the date of lease without the previous permission in writing of the Cellector.

4. The lessee shall make no excavation on the said demised premises other ghan as may be ascertained by the Collector and shall not in any way deminish or in any other way injure, or make any permanent alteration upon, his holding without the wrtten consent of the Collector.

5. The lesee shall keep inact and well defined the boundaries of the said premises and shall from time to time when reqired by the Collector point these out to any Officer or person duly authorised by him in writing to inspect them.

6. In the event of the lessee falling to pay any instalment of rent on or before the date herein fixed for such payment such arrears shall without prejudice to any other right or remedy of the lessor carry interest at rate of 6% percent per annun from the date on which the same became payable until payment.

7. The lessee shall not erect any building or make any additon to or any alertion in, or demolish or remover any building now or hereafter to be erected on the demised premises without the previous consent of the Collector in writing. The building shall be constructed in accordance with specification and plans to be approved before hand by the Collector. On breach of this condition the lessor may without prejudice to any other right or remedy require the lessee on one monthas notice in writing to demolish any such building or addition and restore the altered premises to their former condition and the lessee shall not be entitled to any compesation whatsoever in respect thereof.

8. The lessee shall maintain all building whether standing on the demised premises at the time of the execution of the lease or erected during the currency of the lease in proper repair.
The lessee shall not, without the sanction of the Collector of Gaya, use the land or permit the same to be sued for any purpose other than for which it is granted.

9. The Collector may cancel the lease, if the buildings are not completed within 12 months of the date on which it was executed or with in such further time if any as the Collector may allow.


On such cancellation the Collector may by notice in writing require the exlessee to remove within a reasonable time any buildings which may have been commenced and not completed or the materials which may have been collected to the land, and if he fails to comply with such notice, the Collector, after giving a further notice in writing specifying a time not less than one month from the date of service of the notice within which such building or materials shall be removed may cause such removal to be effected an recover the cost from him.

10. If the lessor at any time before the expiration of this lease is desirous for any public purpose of resuming possession of the s aid demised premises or any part thereof, and shall under the hand of the collector serve notice of such desire on the lessee and shall tender his compensation, for any building or other improvement which he may have erected or made with the written consent of the collector or for any deteriroration in the value of his holding caused by severance or for such other loss as to the collector may seem equitable, the lessee shall within three months from the date of receipt of the notice aforesaid vacate the said demised premises or such part there of as in specified in the said notice.

In case of disagreement as to the amount of the compensation aforesaid the matter shall be referred to the commissioner whose decision shall be final.

11. The lessee shall pay by all municipal and other local taxes that may for the time being be assessed or charged upon the holding or the buildings erected thereon.

12. On breach or nonobservance of and of the terms or conditions aforesaid the Collector nay reenter upon the said demised premised and may determine this lease.

Provided that in case of such re-rentry and determination except on breach of the conditions includes 2,7,8 and 8.A. the lessee shall be entitle to compensation for standing crops and trees planted by him and for all buildings erected and other improvements made by him with the consent of t he Collector, the amount of such compesation to be fixed by the collector whose decision shall be final and conclusive.

13. In the even of any breach or infringement of any of the conditions aforesaid the lessee shall, inaddition and without prejudice to any other remedy of the lessor, be liable to a fine by way of liquadated damages a sum not exceeding Rs.250/-.

Any fine so imposed shall be recoverable under the provisions of the Bihar and Orissa Public Demand Recovery Act. 1914.

14. If three months prior to the expiration of the said term of 99 years, the lessee notifies the Collector of Gaya that he is desirous of taking a new lease of the said premises the lessor may, in his absolute discretion, grant the renewal of the lease of the said premises for a futher period 50 years, provided the lessee shall have duly observed and performed all the terms and conditions of this lease, on such terms and conditions and on payment of such amount of rent as may be settled mutually
between the lessor and the lessee in the light of the circumstances then prevailing.

In the event of the lessee not taking new lease as aforesaid on the expiration of the period of 99 years, the lessee shall not be entitled to any compesation for any buildings, structures or improvements erected made by him upon the said premises, nor shall he be entitled to dismantl or remove any such buildings or structures and lands, buildings and structurs which shall thereupon vest absolutely in the letter
Certified the original and duplicate are the exact and true coy of each other.

F.Couto
12/41958
Signed by the Collector of
Gaya for and on behalf of
The Governor of Bihar the
Lessor, in Presence of
1. N.C.Roy
12/4/85
2. B.Prasad
12/458
(Sub. Dy, Magistrate
& P.A. to Collector,
Gaya.)

B.Charoenchai
10 th April, 1958
Signed by Representative for
and on behalf of the Royal
Govt. of Thailand the Lessee
in presence of
1. Choti Sukhapan
10/4/58 Engineer-in-charge
2. Ura Suntornsaratoon
10/4/58

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