Licence to Excavate and take away Stones by Shiva.

Licence to Excavate and take away Stones

THIS LICENCE is hereby given by me . . . . . . . . . . . (hereinafter called ‘‘the Licenser’’) of the one part TO . . . . . . . . . . . (hereinafter called ‘‘the Licensee’’) of the other part and WITNESSES that in consideration of a sum of Rupees . . . . . . . . . . .(Rs . . . . . . . . . . .) only received by the Licenser from the Licensee, which said sum the Licenser acknowledges having received by way of premium, the Licenser and the Licensee agree to be bound as under:

1. That the Licenser hereby grants and confers full and exclusive right, liberty and licence to the Licensee to dig, excavate and extract such stones as may be found in and beneath the lands situate and described and detailed in the Schedule hereto and marked red in the plan attached and made part of this deed.

2. That for the said purpose the Licensee is further given full right and liberty by way of further licence to pass on and take his carts, trollies, trucks and motors for collecting, carting, transporting and extracting, digging and excavating stones over and by the passage leading from the main highway to the said lands, marked in the plan attached and made part of the deed.

3. That for the said purpose the Licensee is further given full right and liberty by way of further licence to instal and use such machinery as may be necessary and to erect small but temporary structures for the use of his caretakers and for office purposes or for storage of machinery.

4. That the Licensee shall during the subsistence of this licence pay to the Licenser at the rate of Rs . . . . . . . . . . . per one hundred cubic feet of stone extracted and taken away, payments to be made by the Licensee to the Licenser every week/month not later than . . . . . . . . . . . days after measurement.

5. That the Licensee shall not take away any stone extracted or dug up by him from the lands without getting the same measured by the Licenser, for which purpose the stone after extraction shall be stacked and levelled in such manner as to facilitate easy and accurate measurement thereof by the Licenser or his agent in this behalf.

6. That this licence is granted for a period of . . . . . . . . . . . years beginning from . . . . . . . . . . and expiring with . . . . . . . . . . but may be terminated without notice in case of violation of the conditions embodied in Clauses 4 and 5, above.

7. That on termination or sooner determination of this licence, the Licensee shall have the right to dismantle and remove from the lands his machinery and implements, carts, trollies, trucks and motors and any building erected by him pursuant to Clause 3 above, but shall have no right or liberty to remove any stone extracted by him and lying in and upon the lands.

IN WITNESS whereof the said . . . . . . . . . . ., the Licenser, and the said . . . . . . . . . . ., the Licensee, have hereunto at . . . . . . . . . . . signed this agreement this the . . . . . . . . . . . day of. . . . . . . . . . . in the year . . . . . . . . . . .

Witnesses:

1.                                                                   Sd. . . . . . . . . . . . . . .

Licenser

2.                                                                   Sd . . . . . . . . . . . . . . .

Licensee

Schedule of Lands Licensed for Extraction of Stones shown in red with passage leading from the highway to the above lands on the plan attached and made part of this deed.

Plot No. Area Tehsil Pargana District

Sd. . . . . . . . . . . .                                       Sd. . . . . . . . . . . .

Licenser                                                 ??Licensee