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37 ddHIsZ www govtpressmpnicin 9 <137 7l< f4741 J Faal &_

rules · 2003 · State unknown

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Parent: THE ELECTRICITY ACT, 2003 (bea677da57499fcb64c52f6584daa7b9a09b875c)

Text

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Rule TOC

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896 · (4)
896 · (6)
896 · (8)
4 · . Date of MoU entered with GoMP: -
5 · Date of Implementation Agreement entered with GoMP: - 6. Details of the proposed Employment from the project: S.No: Capacity Number proposed to be employed 1 Managerial 2 Supervisory 3 Technical Administrativve 5 Skilled workers 6 Semi-skilled workers 7 Unskilled workers 8 Others Total
7 · . Estimated project cost (Rs.in lakh):
8 · . Means of Finance (Rs. in lakhs):
10 · Break-up of above land with present status of acquisition allotment purchase:
13 · Private land 2 Government land 3_ Forest land 11. Details of Government land proposed to be allocated under this application:
12 · Status of water allocation for the above project : 13.Whether ToR for the project has been issued by Ministry of Environment & Forest, if SO, submit copy 14.Whether land availability certificate issued by the Collector, if so please attach the same 15. Any other information, if necessary, in support = We hereby solemnly affirm that the above particulars details given in the application are true to the best of our knowledge and belief and no fact has been suppressed. We confirm that we are aware that this application is governed under the provisions of [E5& 2[ V/in? (c//4 @ycl vi23 ch) Ye4ly-I) ?1-taTT (rii 2011 issued by the Energy Department vide No. dated which shall be binding on uS_ We also confirm that land would be exclusively used for setting up thermal power plant as per above policy and land allotment will be cancelled in case MoU or Implementation Agreement is terminated by the State Government; We therefore, request for allotment of acres of Government land at village district M.P.
896 · ( 10)
896 · (11)
896 · ( 12)
10 · The Lessee further agrees that he shall completely utilize the land within a period of three years from the CoD as defined in the Implementation Agreement, failing which allotment of surplus land shall deem to have been terminated and unutilized land will be stand automatically vested with Government of Madhya Pradesh, as prescribed in the said Rules:
896 · (13)
11 · The Lessee further agrees that if he is unable to utilize the complete land leased out to him within the period prescribed in the said rules, the Lessor shall have the right or re-entry in the unutilized land without any payment or compensation and re-allot the same: The allotment and lease deed of unutilized land to the lessee shall deem to have been cancelled.
13 · If the Lessee fails to obtain such approvals/permission within the period mentioned in clause 12 above, the Lessee shall be entitled to surrender the land and obtain refund of premium as per the provisions of the rules: In case, Plant/ building/ other assets have been constructed on the said land, the Lessee shall have the right to remove the assets at his/their own cost;
15 · The Lessee shall not change the constitution of ownership of the thermal power station without the prior permission of the Lessor in writing and shall pay the required fee/charges as per the provisions under the said rules:
16 · While using the said land, if the Lessee causes any harm or injury to any person, he shall be liable to pay compensation or damages in the same manner as a tenant of land is generally liable to pay.
17 · . The Lessee shall continuously run, during the period of lease, the business for which the land is allotted. For any closure of the business for a continuous period exceeding one year, allotment of land shall be liable to be cancelled.
18 · On the expiry of the lease period or termination of the lease due to breach of the conditions of the lease deed or cancellation of allotment order, the Lessor shall have the right of re-entry over the land: Refund of premium shall be admissible due to the termination of the lease deed or cancellation of allotment order, as prescribed under the Rules.
896 · (14)
20 · The Lessee shall handover the said land to the Lessor, at the expiry of the said term or on the earlier termination of the lease in the same condition as was handed over when occupied or received.
21 · Lessee may surrender the leased area in part or whole, by giving to the Lessor three calendar months' notice in writing of his intention to do sO. The Lessor shall have the right of re-entry over the surrendered land/premises. On such re-entry, the Lessor may refund to the Lessee part of the premium paid by the Lessee at the time the land was allotted/leased out of the Lessee in the following manner:-
22 · All costs and expenses incurred or which may be incurred for preparation, execution and registration of this lease shall be borne and paid by the Lessee:
23 · The Lessee shall after registration and execution, deposit a copy of lease deed, duly certified by the registering authority, with the Lessor and one copy
896 · (15)
24 · After registration of the lease, possession letter will be prepared in three copies one copy of the same will be for Lessee, second for Lessor and third for Energy Department, Government of Madhya Pradesh:
25 · On the request of bankjfinancial institution and the Lessee, permission in favour of the concerned bank/financial institution, 35 referred to in the rules, will be granted, by the State Government regarding assignment of lease hold rights. In all circumstances, the charge of the Department of Energy on land shall be over and above any subsequent charges to be created.
26 · Consequent upon the infringement/breach of any of clauses of the lease deed by Lessee the Collector will serve a notice to Lessee for observance/compliance of clause of lease deed (i.e. rectification of breach) within 45 days and in case of non-compliance of this notice, the lease deed may be deem to have been terminated;
27 · In the event of cancellation/ termination of MoU or Implementation Agreement by the Government of Madhya Pradesh, this deed will deem to have been terminated.
28 · In the matter of complete utilization of land transfer/cancellation of allotment and appeal etc: compliance of relevant provision in the rules is mandatory, otherwise Lessor may take action towards cancellation of allotment: Complete utilization of land by the Lessee shall be accepted only if construction work has been completed by him as per the details of covered area given in the Detailed Project Report:
29 · The Lessee, if aggrieved by an order of allotting authority, may prefer an appeal to the State Government within 3 period of 90 days as per the provisions of the said rules:
30 · The Collector will be competent to terminate the lease deed on account of any violation of its conditions and subject to the provision of Madhya Pradesh Rajya (Tap Vidyut Sanyantra Ki Sthapana) Bhumi Prabhandh Niyam 2011.
31 · This lease deed will be subject to the provisions contained in the Madhya Pradesh Rajya (Tap Vidyut Sayantra ki Sthapna) Bhumi Prabandhan Niyam; 2011 as amended from time to time. For amendment(s) subsequent to the execution of this lease deed, the Lessee shall be bound to amend the lease
896 · (16)
32 · The Lessee shall comply with all Acts, Rules and Regulations of State Government/Central Government/Local Bodies/any other competent authority, in force from time to time for the operation of business:
33 · The Lessor shall not be liable to compensate any loss on account of any accident occurred or damage caused to other persons due to the operations being carried out by the Lessee in the allotted premises.
34 · The Lessee shall not restrict the entry of the Lessor or a person authorized by him, in the leased premises
1 · Signature
37 ddHIsZ www govtpressmpnicin 9 <137 7l< f4741 J Faal &_ — THE ELECTRICITY ACT, 2003 — Roop's Law Assist Statutes