Agreement between Government and Company in respect of Land acquired for Company by Shiva.

No. 34

Agreement between Government and Company in respect
of Land acquired for Company

AN AGREEMENT made on the . . . . . . . . day of . . . . . . . BETWEEN the Governor of the State of . . . . . . . . . . . . . . (hereinafter called ‘‘the Governor’’) of the one part and the . . . . . . . . Society of Allahabad, a society registered under the Societies Registration Act, 1860 (hereinafter called ‘‘the Society’’) of the other part;

Whereas the Society has made an application to the Government of the State of . . . . . . . . . . . . . . . (hereinafter called ‘‘the State Government’’) to acquire for the purposes of the Society under the provisions of the Land Acquisition Act, 1894, the land described in the Schedule hereto;

AND WHEREAS the State Government after making and holding such inquiry as is required and prescribed by law is satisfied that the acquisition of the said land is needed for the construction of a work, viz., the. . . . . . Medical School hostel and dispensary and that such work is likely to prove useful to the public;

AND WHEREAS under Section 41 of the Land Acquisition Act, 1894, the Society is required to enter into an agreement with the Governor regarding the matter specified in the said section;

IT IS HEREBY AGREED AND DECLARED as follows:

(1) That the Society will pay to the State Government or such person or persons as the State Government may appoint in this behalf all such sums of money as shall be awarded under the provisions of the Land Acquisition Act, 1894 as compensation to any person or persons who may be found on inquiry held under the provisions thereof to be interested in the said land;

(2) That the Society will pay to the State Government from its fund all such other charges as may be incidental to the acquisition of the said land under the provisions of the said Land Acquisition Act;

(3) That upon the Society having made all payments incidental to the acquisition of such land as mentioned in clauses 1 and 2 hereof, the Government will forthwith, in consideration of the payment of such compensation money and cost of the acquisition, convey and grant to the Society the said land described in the Schedule hereto TO HOLD the same to the said Society forever subject to the conditions hereinafter set forth, namely:

(a)   That the Society, its successors and assigns will use the said land for the aforesaid purpose of constructing a school, hostel and dispensary, mortuary and post-mortem hall or any other such buildings as may be required in connection therewith and for the purpose of laying out a garden for growing medicinal herbs, and for no other purpose;

(b)   That the Society will within ten years of being put in possession of the said land erect and lay out such buildings and garden as aforesaid and will maintain the same at its own expenses;

(c)   That the Society will at all times hereafter permit the public to use such school, hostel and dispensary and other buildings and garden as aforesaid in accordance with the rules now in force or which may hereafter be laid down by the Society and that the Society will not change its existing rules in such a manner as to restrict the use of such school, hostel or dispensary and other buildings and garden to any degree beyond the restrictions now in force under the existing rules of the Society;

(d)   That if the said land is no longer required by the said Society for the aforesaid purpose then the Society will forthwith relinquish and restore the same in favour of the Governor;

(e)   That if the Society shall commit a breach of any of the covenants by the Society herein contained it shall be lawful for the State Government to re-enter upon the said land and take possession thereof and also of any buildings standing thereon without payment of any compensation and thereupon the transfer made in favour of the Society shall become null and of no effect and all rights of the Society in the said land and in any building standing thereon shall at once cease and determine.