THE CANTONMENT LAND ADMINISTRATION RULES, 1937
Federal Government
Letter Number : 874 Dated 20-Nov-1937
MAIN
I (GENERAL)
1 (SHORT TITLE AND EXTENT.-)
(1)
These rules may be called the Cantonment Land Administration Rules, 1937.
(2)
They shall extend to all Cantonments in Pakistan.
NOTES
(i) The commentary of the Cantonment Land Administration Rules, 1937, is intended to be primarily and essentially a guide to the interpretation of those Rules,
the notes supplement but in no way override, the provisions of the statutory rules. They are endorsed by the Government of India and will be acted upon
accordingly.
(ii) The salient features of the Cantonment Land Administration Rules, 1937, are as follows:-
(a) They seek to secure all possible military requirements and to prevent encroachment on Government rights, by providing a detailed procedure for the
management of all cantonment lands based upon a scientific classification and a complete record of every piece of land in a cantonment.
(b) They are designed to safeguard the financial interests of the Government of Pakistan, and incidentally of Cantonment Funds, by ensuring that whenever land
is disposed of in future to private persons or associations, it shall be leased on terms which will secure an adequate Il'turn to the lessor and adequate security of
tenure to the lessee.
(c) They have been deliberately so framed as to secure, for the military authorities, with the generous consent of the Provincial Governments, the benefit of the
advice of the local civil authorities, and relief, so far as possible, from administrative duties of a non-military character.
2 (INTERPRETATION CLAUSES.-)
In these rules, unless there is anything repugnant in the subject or context-
(a) "the Act" means the Cantonments Act, 1924;
(b) "bazar" means any area declared under section 43A of the Act to be bazar area, and includes any other areas which the Secretary of the administrative
Division may, by notification in the official Gazette, declare to be a bazar for the purposes of these Rules;
(c) "building site" means a portion of land held or intended to be held for building purposes, whether any building be erected thereon or not, and includes the
open ground or courtyard enclosed by, or adjacent to, any building erected thereupon;
(d) "military" includes "naval" and "air-force";
(e) "Military Estates Officer" means an officer appointed by the Federal Government to perform the duties of a Military Estates Officer under these rules; and
(f) "survey number" means a portion of land of which the area is separately entered in the land records of the cantonment under an indicative number.
NOTES
(i) Words and expressions not defined in rule 2 bear the meaning attached to them in the Cantonments Act, 1924 (II of 1924), or in the General Clauses Act,
1897 (X of 1897). For example, "person" includes an association of persons, and "Collector" includes a Deputy Commissioner.
(ii) The powers conferred in all notifications and orders issued or made under the Cantonments Act, 1924 (II of 1924), or the rules made thereunder on the
Officers Commanding in Chief, Northern, Eastern and Southern Commands and the Commander, Western (Independent) District, are exercisable by the
Competent Authority concerned in respect of the area under his jurisdiction by virtue of Defence Department's Notification No. 54, dated the 22nd August,
1942.
(iii) Under section 43A of the Cantonments Act, 1924 (Act No. II of 1924), the Federal Government through different notifications has declared areas in
cantonments to be bazaar areas, for which such notifications may be consulted.
(iv) Military Estates Officers: Military Estates Officers appointed under rule 2(e) are the agents of the Federal Government for the administration of certain lands
the property of that Government, and perform the functions prescribed by these rules and the rules for the Acquisition, Custody and Relinquishment of Lands
(hereafter referred to as the A.C.R. Rules). They hold a position of official independence from the Military Authorities and are also officially independent of the
Cantonment Boards and are subject to the orders of the Federal Government alone. Official correspondence between the Military Estates Officer and the Federal
Government and vice versa will be carried on through the Deputy Directors and the Director, Military Lands and Cantonments, and not through the Military
Authorities.
Military Estates Officers will not be appointed as members of Station Boards. In certain cases, information may be required from them before the
recommendations of a Station Board are made, and in most cases they will be required to take action when the recommendations have been approved, but
Station Boards themselves are purely military and advisory in character.
Such information as is required should, therefore, be obtained independently from the Military Estates Officers [34724/1/A.D., dated 12th August, 1927].
II (CLASSIFICATION AND TRANSFER OF LAND; STANDARD TABLE OF RENTS; MANAGEMENT)
3 (GENERAL LAND REGISTER.-)
(1)
The Military Estates Officer shall prepare, in the form prescribed in Schedule I, a General Land Register of all land in the cantonment-
(a) inside bazars, and
(b) outside bazars.
(2)
Without prejudice to rules 10 and 45, no addition or alternation shall be made in the General Land Register except with previous sanction of Secretary of the
administrative Division or a person authorized by him in this behalf.
NOTES
(i) Preparation and Maintenance of the General Land Register.
(a) The Register should be divided into as many volumes of convenient size as may be necessary and one page should be allotted to each survey number.
(b) When a mutation is entered in column I of the register, revised entries consequent on the mutation will be entered on the same line in columns 4 to 13.
(c) A new page will be opened for every new survey number which is formed consequent on a mutation.
(d) If a mutation entered in column leads to the formation of a new survey number, the new survey number allotted will be shown in column 2 and the volume
and page of the register in which it is entered will be shown in column 3. The new survey number or subdivision of existing survey number caused by the
mutation will be entered on the General Land Register map [975-LC/D4, dated 23rd March, 1938; 2300-LC/D4, dated 9th August, 1938].
(e) The sanction for the addition or alteration to the entries in the register which may be accorded by the Federal Government, or by such other authority as the
Federal Government may appoint under sub-rule (2) of rule 3 shall be recorded in column 1 of the register [2853-LC/D4, dated 10th September, 1938; 1398-
LC/D4, dated 6th May, 1938].
(f) Every piece of land which is in separate occupation or use of any kind shall be given a separate survey number in the register. Where a military holding is
spread over large areas, each of which is separated by a well defined boundary, each portion should receive a separate number; roads which traverse a holding
and over which the public has a right of way should be excluded from the holding. "Separate survey number" includes survey numbers as well as subsidiary
survey numbers. In the case of mutations the plot should be described by subsidiary survey numbers.
(g) All roads maintained by one authority will be given one number in the register, similarly all vacant land in bazar areas should be given one number.
(h) Drains and roadside plots need not be demarcated separately on the plan. A note should be made in the remarks column of the register against each Military
Engineer Services road that the trees, etc., on the sides of such roads are the properties of the Cantonment Board and that the land occupied by them is Class "C"
land.
(i) The entries in columns 7 and 8 in respect of protected monuments should be "Department of Education, Health and Lands (Archaeological Department)" and
"Department of Education, Health and Lands".
(j) Private lands should be given a survey number and the area entered in column 4. The entries in columns 6, 7, 8, 9 and 10 will be "private".
(k) District Board and Municipal Board buildings will be entered in columns 7, 8 and 9 as District Board or Municipality as the case may be. Column 6 will be
left blank, while the entry in column 10 will be "Proprietary".
(l) For Class "A" (1) land, the entry in column 7 will be the Department of the Army in whom the administrative control vests under rule 14(1) and not .the
Military Estates Officer to whom the management may have been entrusted for certain purposes under rule 9(1).
(m) For religious buildings and tombs not held on leases in Unit lines, the entries in columns 7, 9 and 10 will be "Military Estates Officer", "Unit in occupation"
and "old grant" respectively. The sites occupied by such buildings should be classified as B(3).
(n) The particulars of agricultural land leased for a period not exceeding four years should not be entered in the register, but should be shown as "held on annual
(2, 3 or 4 years) agricultural lease". An entry under the head "Mutations" will only be required when the occupied land becomes vacant.
(ii) Custody of the General Land Register.
The Registers and maps shall be in the personal control of the Military Estates Officer who, in regard to land entrusted to his management, shall also have under
his personal control all other registers, duplicates or counterparts of leases and title deeds prescribed under these rules and shall properly safeguard them against
loss by fire or otherwise [975-LC/D4, dated 23rd March,
1938]·
(iii) Inspection and Supply of Extracts of the General Land Register.
The General Land Register is a public document within the meaning of section 74 of the Evidence Act, 1872, as being the record of acts of a public officer,
namely the Military Estates Officer on whom is cast the duty of preparing and maintaining the register. There is no statutory right in the public to inspect public
documents as such. "When the right to inspect or take a copy is expressly conferred by statute the limit of the right depends on the true construction of the
statute. When the right to inspect or take a copy is not expressly conferred, the extent of such right depends on the interest which the applicant has in what he
wants to copy and in what is reasonably necessary for the protection of such interest (Woodroffe and Amir Ali's Evidence Act, p.574) [975-LC/D4, dated 23rd
March, 1938].
It is for the Military Estates Officer to pass orders on applications for copies or for permission to inspect the General Land Register in respect of land outside the
bazaar areas. Under rule 45, it is the duty of the Cantonment Board to maintain the General Land Registers in respect of land inside bazaars and orders on
similar applications in respect of land in bazaar areas will be passed by the Board [109-R/AD4, dated 19th April, 1933].
There is no objection to the supply of extracts from General Land Registers relating to private properties to private individuals on payment of copying fees and
to the Military Estates Officer consulting the Board in a case in which the Cantonment is interested. The Military Estates Officer is not, however, required to
give any opinion on land matters connected with the General Land Register to the Cantonment Board [908-AD4, dated 29th April, 1929; 1820-LC/AD4, dated
1st October, 1930].
(iv) Submission of Extracts from the General Land Register to Government.
All proposals relating to land should be accompanied by relevant extracts from the General Land Register and plan duly certified by the Military Estates Officer.
Relevant extracts from General Land Registers maintained by Cantonment Boards are to be certified by the Executive Officer.
When sanction is being asked for an alteration in the existing entries or for making any entry in the remarks column of the register, extracts in Form 2A are to be
submitted in duplicate with all entries under the column "Proposed entries" completed as they will be entered in the register [975-LC/D4. dated 23rd March,
1938; 1282-LC/D4, dated 17th April, 1940; 1029-LC/2/D4, dated 9th April, 1940].
(v) Need for Arrangements to Ensure that the Rights of Government in Cantonment Lands are not Adversely Affected by Incorrect Entries in the Civil
Land Records.
In order to avoid wrong entries being made in civil land records, Military Estates Officers should, in so far as military lands in the United Provinces are
concemed:-
(a) find out from the Tehsildar when the Patwari is to make his inspection.
(b) send his representative to accompany the Patwari. The records can then be prepared conjointly.
(c) file a case under section 33 of the United Provinces Land Revenue Act for the correction of the Government Records if there is any dispute and the Military
Estates Officer considers that the Patwari's entries are wrong.
In Provinces other than the United Provinces the Military Estates Officer should keep in touch with the record of right proceedings and take the necessary steps
as provided by the statute for the protection of the interests of Government. He should enquire from the Collector or Deputy Commissioner of the District the
relevant section under which to bring these cases [1459-L/D4, dated 23rd August, 1938].
4 (CLASSIFICATION OF LAND.-)
For the purposes of the General Land Register prescribed by rule 3-
(a) land in the cantonment which is vested in the State shall be divided by the Secretary of the administrative Division or a person authorized by him in this
behalf: into two classes, namely:-
(i) Class "A" Land which is required or reserved for specific military purposes; and
(ii) Class "B" Land which is not so required or reserved, but which is retained in the cantonment for the effective discharge of the duties of the Federal
Government in respect of military administration; and
(b) land which is vested in the Board under section 108 of the Act shall be called Class "C" land.
NOTES
(i) Land in Cantonments must fall into one or other of three main categories, namely:-
(1) Land which "is vested in the State". (Classes "A" and "B").
(2) Land which "is vested in the Cantonment Board." (Class ·'C").
(3) Land which falls into neither of the first two categories.
(ii) Land in category (I) may be either:-
(a) Class "A" (I) land, that is land in the active occupation of the Army.
(b) Class "A" (2) land, that is land which for specific military reasons must be kept vacant and must not be built over.
(c) Class "B" land, that is land which, though not actively occupied by the Army nor reserved against building, yet must be retained in the cantonment by the
Government of Pakistan, because the cantonment is primarily a place of residence for troops and it is the duty of the Government of Pakistan, in the interests of
the troops and of the civil population which is essential to the welfare of the troops, both to provide them with amenities such as _Fostal, telegraphic and railway
communications, rest houses.. bungalows, shops, places of amusement, open spaces, agricultural produce and so forth; and also to keep in their hands a
sufficient area to meet all possible future requirements that may arise in the course of the efficient discharge of their duties in respect of Army administration.
(iii) Land in. category (2) is land which, in the words of the Act, is required for "local public purposes" of a municipal nature, such as streets, markets, hospitals,
rubbish depots and so forth.
(iv) Land in category (3) is private land over which neither the Government nor the Cantonment Board possesses any proprietary rights.
5 (CLASS "A" LAND.-)
Class "A" land shall be divided by the Federal Government, or such authority as they may empower in this behalf, into the following sub-classes, namely:-
(i) Class "A" (1) Land which is actually used or occupied by the Military Authorities, for the purposes of fortifications, barracks, stores, arsenals, aerodromes,
bungalows for military officers which are the property of Government, parade grounds, military recreation grounds, golf courses, rifle ranges, grass farms, dairy
farms, brick fields, CNG Stations, soldiers and hospital gardens as provided for in paragraph 525 of the Army Regulations and other official requirements of the
Military Authorities and for the following activities purely for welfare of troops on no profit no loss basis within formation and unit areas, and for the operation
of the Canteen Stores Department (CSD), namely:-
(a) vegetable, poultry, meat, fish, stationery, cycle, grocery, bakery. shops and canteen. cafe etc;
(b) post Offices. PCOs. A TMs;
(c) educational training institutions, i.e. schools, colleges, artisan training centers and hostels etc;
(d) museums, libraries, recreational parks, institutes (cinemas) etc; and
(C) CSD and their related activities as per the mandate assigned by the Board ofCoritrol ofCSD.
(ii) Class "A" (2) Land which is not actually used or occupied by the Military Authorities, but to the use or occupation of which for any other purpose, except
temporarily, there exist specific military objections.
Explanation.- For the purposes of this rule-
(a) specific military objections shall be deemed to exist to the use or occupation of land the reservation of which is declared to be desirable by the Federal
Government in the interests of the discipline, health or welfare of the military forces, or the safety or defence of the cantonment and its inhabitants;
(b) military recreation grounds mean recreation grounds the management and control of which vest exclusively in the members of the military forces; and
(c) the CNG Station shall be installed out of Defence Budget and managed by concerned Service HQ.
NOTES
(i) Military Recreation Grounds.
(a) The definition of military recreation grounds has been deliberately framed with some strictness in order to secure the correct classification of Class "A" land
and to put an end to the ambiguous position which many such grounds have occupied in the past. Recreation grounds which are not strictly reserved for the use
of the troops alone, but which are also open to the civil members of the community, cannot properly be placed in Class "A". A race course, for instance, cannot
under the definition be included in Class "A" land unless not only all the officials in whom management of the club vests are members of the Army, but also the
rules of the club provide that they must be so. Where areas of land are used for the general recreation of the community or for the members, whether civil or
military, of a particular club, and it is desired to retain the land for this purpose, the only correct course is for the club or other body which maintains the ground
to take out a regular lease for it from the Military Estates Officer [554-R/D4, dated 15th June, 1938].
(b) Recreation Grounds in Ordnance Factories and Arsenals. Recreation grounds in Ordnance and Clothing Factories, Arsenals and Ordnance Depot estates,
situated in cantonments for the employees of Ordnance establishments shall be regarded as military recreation grounds on the condition that the management
and control is exclusively in the military and civilian employees of the Ordnance establishment concerned {554-R/D4, dated 15th June, 1938]·
(c) Tennis Courts in Unit Lines. Sites used for tennis courts in Unit Lines need not be separately classified either as Class A(2) land or as military recreation
grounds unless they are constructed of concrete or have some erection in the way of a shelter constructed upon them. Such sites should continue to be treated as
part of the barrack area during the period they are in use as tennis courts [243-R/l/D4, dated 6th April, 1937].
(ii) The following lands should be classified as Class "A".
(a) Quarries. Quarries under the management of the Military Engineer Services are Class A(1) [554-R/D4. dated 15th June, 1938].
(b) Road Margins. Road margins should be vested in the cantonment board and classified as Class "C". Only the metalled surface, berms and side drains of roads
over which the public has a right of way and which are maintained by the Military Engineer Services should be included in Class A(I) land.
The Boards are responsible for planting trees, maintaining rides, footpaths and ornamental gardens on the sides of class "A" roads [554-R/D4. dated I5th June,
1938].
(c) Approach Roads. The classification of lands comprising approach roads and entrance paths leading from roads to the boundaries of private buildings should
follow the classification of the roads on which they lie [36070/I/AD, dated 6th January, 1929].
(d) Wells. Wells situated on other than Class "A" land and which are shown in the books of the Military Engineer Services as being military property should be
treated as Class A(I). Wells on Class A(l) land should be classified separately as Class A(1) [554-R/D4, dated 15th June, 1938].
(e) Outlaying Portions of Rifle Ranges. Outlaying portions of rifle ranges, etc., which are not actually used by the Army, but to the use of which for any other
purpose, except a purely temporary one, there exist specific military objections, should be classified as Class A(2) so long as these plots are not actually used or
occupied by any department of the Army [554-R/D4,
dated 15th June, 1938].
6 (CLASS "B" LAND.-)
Class "B" land shall be divided by the Secretary of the administrative Division or a person authorized by him in this behalf, into the following sub-classes,
namely:-
(i) Class "B" (1) Land, which is actually occupied or used by the Defence Department in the administration of Ecclesiastical affairs
including Europeans cemeteries, or by any other department of the Federal Government, or by a Railway Administration;
(ii) Class "B" (2) Land, which is actually occupied or used by, or is under the control of, any Department of a Provincial Government;
(iii) Class "B" (3) Land, which is held by any private person under the provisions of these rules, or which is held or may be presumed to be held under the
provisions of the Cantonment Code of 1899 or 1912, or under any executive orders previously in force, subject to conditions under which the Federal
Government reserve, or have reserved, to themselves the proprietary rights in the soil; and
(iv) Class "B" (4) Land which is not included in any other class.
NOTES
(i) Class B(1) Lands, Churches and Cemeteries.
Although churches and cemeteries provided by Government are not exclusively intended for the service of the defence forces but are also provided for other
European British born subjects in the service of Government, they are under the administrative control of the War Department and should be classified B(1).
If the land on which a Church is standing is leased it would be classified as B(3) [517-R/D4, dated 4th June, 1938; 884/2/C and L, dated 4th february, 1943;
36421/1/AD, dated 9th April 1928].
(ii) Class B(2) Land, Agricultural Land.
Agricultural land which pays land revenue to a Provincial Government, as for instance in some of the Madras Cantonments, is under the control of a Provincial
Government and should be placed in class B(2).
Land which is leased to a Provincial Government should be classified B(2). The procedure for leasing such land will be that prescribed in these rules for private
individuals except that the leases will not be put to auction but will be granted by private treaty [517-R/D4, dated the 4th June, 1938].
(iii) Classes B(3) and B(4).
(a) Quarries. Quarries which have been granted to private persons in the manner described in clause (iii) of this rule should be classified as Class B(3) land.
Other quarries which have not been specifically vested in the Cantonment Board and which are not under the control of the Military Engineer Services should be
classified as Class 8(4) [517-R/D4, dated 4th June, 1938].
(b) Retaining Walls in Hill Cantonments. In hill cantonments, the land on which retaining walls have been constructed should be classified as Class 8(3) and if
they constitute an encroachment, the position should be regularised by the execution of an agreement in the following form:-
"I/We owner(s) of house(s) No. Cantonment, do hereby declare that I/We shall have no claim or title on
the land as specified in the schedule below, occupied by me/us for building a retaining wall to the house(s) No.
I/We further declare that the said land and the retaining wall shall continue to vest in the Cantonment Board / Government though I/We shall remain responsible
for the repair and maintenance of the said wall and I/We shall Indemnify the Cantonment Board/Government against any loss or damage which may be caused to
them or which they may become liable to pay by reason of the collapse of the said wall or otherwise however.
This declaration binds my/our heirs, successors and future alienees.
Schedule
Witness __________________________ Signature of owners(s) ___________________________________________
Witness __________________________
_____________________ Cantonment. Dated
[5I7-R/D4, dated 4th June, 1938; 1413/1/LC, dated loth May, 1938]
(c) Nullahs and Drains. Nullahs and drains in hill cantonments will follow the classification of the land through which they pass if this is Class A land. They will
be classified as B(4) land as soon as they emerge from Class "A" land. Big nullahs usually kept clean by the Cantonment Board may be vested in the Board and
classified as "C" [517-R/D4, dated 4th June,1938].
(d) Forest Areas. Forest areas should be classified as B(4).
(e) Communal Graveyards and Sacred Tanks. Communal graveyards and sacred tanks in military areas to which the public has a right of access should be
classified as B(4). A suitable strip of land should be excluded from Class "A" land to provide for a communication between the graveyard or tank and the public
road [SI7-RlD4, dated 4th June, 1938].
(f) Bazaars in Military Lines. The land comprising bazaars within military lines which are not the property of the Cantonment Board, and private buildings in
Unit lines which are held on lease under the Cantonment Code of 1899 or 1912 but which are surrounded by Class A land should be classified as Class B(3)
[SS4-RlD4, dated 15th June, 1938].
(g) Temporary Occupation. Land occupied temporarily under rule 39 should be classified as Class B(4) [1794-A. D. 4, dated 7th November, 1929].
(h) Religious Buildings in Military Lines. Land occupied by religious buildings in Unit lines should be classified as Class B(4) as the buildings in question,
being of a permanent nature could not be erected on class A(2) land. See also note (g) to Rule 13.
[1628-LC/D4, dated 7th June, 1938]
7 (TRANSFER OF LAND FROM ONE CLASS TO ANOTHER.-)
No alteration in the classification of land which is vested in the State or in the Board shall be made except by the Secretary of the administrative Division, or by
such other authority as they may empower in this behalf, and the conditions on which land may be transferred from one class to another shall be governed by the
orders of the Secretary of the administrative Division or by the provisions of any law or rule for the time being in force which may be applicable; provided that
land in class "B" (4) may be transferred to class "B" (3) by the authority, and subject to the conditions, prescribed by rules 15 to 48.
NOTES
(i) At the outset it is necessary to make some distinction between 'occupied' and 'unoccupied' land and buildings. In practice the distinction may not be of first-
rate importance, because land and buildings that are occupied will not ordinarily be transferred from one Class to another until the original occupant agrees to
the transfer or has ceased to require them, and in that case they may be regarded, theoretically at any rate, as falling into the class of unoccupied land and
buildings at the moment before their transfer. It is necessary, however, to contemplate the exceptional case where an individual or a Government Department or
a Railway Administration is in occupation of particular piece of land and is unwilling to surrender it, but yet where its transfer is decided by higher authority to
be essential in the general interests. This is particularly important where the Department which wishes to secure the land is the Defence Department, because in
a cantonment the requirements of the Army must obviously be paramount and superseded all other claims.
(ii) The general principles to be observed in such compulsory transfers are:-
(1) that the transfer must receive full compensation for the loss of such rights in the land as he possesses, including the cost of replacing any building, if such
replacement is necessary, and an allowance to cover the inconvenience and trouble involved in a compulsory transaction, and
(2) the amount of compensation must be determined either by mutual agreement or under the provisions of a particular law or rule.
(iii) A series of illustrations will make the position clear:-
(a) A lessee under these rules cannot be dispossessed during the currency of his lease, except for a breach of his covenant or by striking a bargain with him, or
by acquiring his rights under the provisions of the Land Acquisition Act.
(b) A lessee under a Cantonment Code lease can be dispossessed in accordance with the terms of the lease which contains a resumption clause in favour of the
Government.
(c) The occupant of land under an old grant can be dispossessed in accordance with the terms of that grant, if available. If no document is forthcoming, the
procedure must be a matter for consideration in each case in the light of the evidence available and of the various rules and executive orders in force at the time
of the grant, if that can be ascertained. Compensation should never be paid for the land itself as a matter of right, but only for the buildings on the land at their
present market value.
(d) The Government cannot be dispossessed of land which vests in it under the provisions of Section 172 of the Government of India Act, 1935, that is, all land
which immediately before the 1st April, 1937 was held by the Defence Department and was then being used otherwise than under a tenancy agreement between
the Governor General in Council and the Government of a Province, for purposes of the Federal Government in the Defence Department; and all land situate in
a Province which though not actually thus used, was intended or formerly intended to be so used and which has been certified by the Governor General in
Council to have been retained for future use for such purposes, or to have been retained temporarily for the purpose of mere
advantageous disposal by sale or otherwise. It also cannot be dispossessed of any land which may be acquired or purchased on behalf of any Department of the
Army or on behalf of the Pakistan Navy or the Air Forces in Pakistan. On the other hand, under Section 127 of the Government of India Act, 1935, the
Federation, or until such time as the Federation is established, the Federal Government may, if it deems it necessary to acquire any land situate in a Province for
any purpose connected with the Defence Department, require the Province to acquire the land on behalf, and at the expense of the Federal Government, or if the
land belongs to the Province, to transfer it to the Federal Government on such terms as may be agreed on, in default of agreement, as may be determined by an
arbitrator appointed by the Court.
(e) A Railway Administration can only be dispossessed of land, and can only acquire land which is already under some other form of occupation, on the basis of
an ordinary commercial transaction, that is to say on receipt or payment, as the case may be, of the full market value calculated on the basis of the amount that a
private owner would receive or pay.
(f) A Cantonment Board can acquire occupied land under section 109 or 110 of the Cantonments Act. The acquisition and disposal of lands which vest in a
Cantonment Board are subject to the provisions of the Cantonment Property Rules framed under section 111 of the Act, under which the Government reserve the
right to resume possession of any such land if it is not used for the purpose for which it was granted by the Government to the Cantonment Board, or if there has
been any other breach of the conditions on which it was originally vested in the Cantonment Board but, subject to these rules, the tenure of Cantonment Boards
in land which is vested in them by the Act is secure and cannot be disturbed.
(iv) All remaining transfers of land will be dealt with in accordance with one or other of the provisions detailed below.
(1)
Transfer of unoccupied land to Class 'A' or Class 'B' (1)
.- When any land in Class' B' (4) is required by the military authorities or by any Department of
the Government other than the Defence Department, it shall be transferred to Class' A' or Class' B' (1), as the case may be; provided that (a) in every case the
military authorities shall be deemed to possess a prior claim to that of any other applicant for the land; (b) if the land is transferred from the Defence Department
to any other Department of the Government other than the Railway Department, the amount to be paid to the Defence Department will be, and (c) if the land
required has been entrusted to the management of the Cantonment Board under rule 9, it shall be given an opportunity of expressing its opinion on the proposed
transfer and any objections it may have to offer shall be taken into consideration.
(a) half the market value when the land is borne in the books at no value.
(b) Book Value or market Value, whichever is less, subject to a minimum of half the market Value. where the land is valued in the books.
In the case of transfer of landing grounds in army or R.A.F. charge to the Civil Aviation Department the above will be the basis of settlement but every case will
be treated on merits, and the amount of compensation to be paid to Defence Department will be settled by negotiations between the two Departments and in no
case will the compensation exceed that which would be payable under the arrangement prescribed above.
"It need not be a condition precedent to the withdrawal of land from a Cantonment Board (i.e., from the management of a Cantonment Board) that any other
land should be handed over to it in exchange; nor will a Cantonment Board be considered to have any valid objection to the transfer on the ground that it will
lose income hereby. If, however, by reason of the transfer, the income of the Cantonment Board falls to a point where it is unable to maintain the prescribed
balance of 10 per cent. of its expenditure, the question of financial relief may be made the subject of a separate communication".
(2)
Transfer of unoccupied land from Class' A' or Class 'B' (1)
.- When any land in Class' A' is no longer required by the military authorities to be retained in
that Class or when any land in Class 'B' (1) is no longer required by the Department of the Government which has been using or occupying it, it may be
transferred to any of the divisions of Class 'B', except Class 'B' (3), that the Government may think fit; provided that the land to be transferred is class (v) (1) the
transfer shall be carried out in accordance with principles in para (1) above.
Note.- An exception is made with regard to transfers of land to Class 'B' (3) because, such transfers must always be effected under the provisions of the
Cantonment Land Administration Rules.
(3)
Transfer of unoccupied land to class 'B' (2)
.- The Government will be the sole judges whether they wish to retain any particular land or not. Should any
land in class B(4) be required by a Provincial Government and the Government of Pakistan agree to transfer it, the amount payable will in all cases be its market
value at the date of transfer.
If the transfer is to be temporarily by lease, the procedure will be as that prescribed in these Rules for private individuals except that the leases will not be put to
auction but will be granted by private treaties. If the Provincial Government requiring the land on same lines on their behalf will apply for the lease of the land in
the usual manner on the prescribed form to the Military Estates Officer or Cantonment Board concerned who will dispose of the application in accordance with
the Cantonment Land Administration Rules.
Transfers of land from the Federal to Provincial Governments are to be carried out by means of a conveyance in writing in the form prescribed below.
Form of deed given under Purchase and Sale Instructions [7087G/CIL, dated 29th October, 1942; 783-RlD4, dated 25th October, 1937].
PROVISION OF POLICE SENTRY BOXES IN CANTONMENTS.
It is not desirable that small plots of land all over a Cantonment should be transferred to a Provincial Government for the construction of police sentry boxes. To
obviate the necessity of transferring such lands to a Provincial Government and at the same time to ensure that the provisions of sentry boxes should be made on
a uniform basis throughout all cantonments, they should generally be provided by Boards for the use of the Police Department, and, as far as possible be of a
moveable type. If, in any case, it is desired that the sentry boxes should be permanent structures, and if the land on which it is proposed to construct them is not
Class "C" the sanction of the Federal Government should be obtained to the re-classification of the land as Class "C" [Authority:- No. 1001-LCIAlD4, dated
17th May, 1935].
Note.- When land is transferred to Class 'B' (I) or (2), it will be seen that a certificate is no longer required, as it was in the past, to the effect that the military
authorities have no objection to the transfer. The proper classification of land under rules 4 to 6 of the Cantonment Land Administration Rules renders such a
procedure unnecessary. As a matter of practice, however, the Government will generally obtain the assurance of the local military authorities that they have no
objection on military grounds before any 'unoccupied land' is transferred to these Classes.
(4) Transfer of unoccupied land from Class 'B' (2)
.- When any land which has been permanently transferred to Class 'B' (2) is no longer required by the
Provincial Government or Railway Administration, the Provincial Government or Railway Administration may dispose of it as they think fit; provided that they
shall first offer the Government the option of taking it over payment of the full market value. When any land which has been temporarily transferred to Class 'B'
(2) is no longer required by the Provincial Government or Railway Administration it shall be resumable by the Government in accordance with the terms on
which it was originally granted to the Provincial Government.
Note.- It should be noticed that the transfer of land to a Provincial Government does not necessarily imply that the land need be excluded from the cantonment;
but when large areas are so transferred and the change can be conveniently carried out, the question of exclusion should always be considered.
(5)
Transfer of unoccupied land to Class 'B' (3)
.- When any land in Class 'B' (4) is required by a private person, its transfer to class 'B' (3) shall be governed
by the provisions of Chapter V, Cantonment Land Administration Rules, 1937.
(6) Transfer of unoccupied land from Class 'B' (3).- When any land in Class 'B' (3) is no longer required by a private person, it shall be resumable by the
Government in accordance with the terms of any document in virtue of which the land is held: or, where there is no such document. after giving one month's
notice in writing and on payment of the present value of the buildings, if any, erected thereon.
Note,- Land in this class may be assumed to be no longer required when the buildings thereon have been allowed to fall into a ruinous state and no action has
been taken by the owner to repair them after issue of notice under Section 126 of the Act. It will be the duty of the Cantonment Board or of the Military Estates
Officer, as the case may be, to make proposals to the Government for the resumption of sites which fall into the above category; and where the land in question
is under the management of the Cantonment Board and a Profit may be anticipated by reletting the site on commercial terms after resumption, the cost of
resumption or such proportion thereof as the Government may decide to be reasonable in each case, may be deemed to be a legitimate charge on the Cantonment
Fund.
(7) Transfer of unoccupied land to Class 'C'.- When any land in Class 'B' (4) is required by the Cantonment Board for the purposes of the Act, it may be
transferred to Class 'C' and vested in the Cantonment Board either free of charge or upon such terms as the Government may decide in each case, having regard
to the particular purpose to which the land is to be put. The general principle to be observed is that the transfer shall be free of charge only when the purpose to
wlich the land is to be put is such that the Cantonment Board derives no income therefrom, but that in other cases the Cantonment Board shall make a reasonable
payment for the land to the Government.
(8)
Transfer of unoccupied land from Class 'C'
.- When any land in Class 'C' is no longer required by the Cantonment Board it shall, subject to the provisions
of the Cantonment Property Rules, vest in Federal Government in accordance with the principle of section 6 of the Cantonments Act, and may be transferred by
the Government to any division of Class' B', except Class 'B' (3), that they may deem appropriate; provided that for any land which reverts in this manner to the
Government the amount of compensation payable to the Cantonment Board shall not exceed the amount, if any, paid to the Government in the first instance for
the grant of the land, together with the initial cost or the present value, whichever is less, of the buildings, if any, erected thereon.
8 (STANDARD TABLE OF RENTS.-)
The Military Estates Officer, in consultation with the Collector, shall from time to time compile, in the form prescribed in Schedule II, standard tables of rent
suitable for application to sites for agricultural and non-agricultural purposes in the cantonment, having regard to the situation of the site, the nature of the soil,
and the rates charged for adjacent agricultural land or for building sites in the neighbourhood.
NOTES
(i) The intention of this rule is that both building and agricultural land in the cantonment should be divided up into different survey numbers or groups of survey
numbers and that an appropriate annual rent at so many rupees per acre or bigha for agricultural land, and 50 many rupees per 100 square feet or square yards for
building sites, should be fixed for each survey number or group of survey numbers. The intervals at which the standard table of rents should be revised must
depend on the rapidity with which land values fluctuate in particular cantonments. In places of growing importance, once in five years would probably not be
excessive; but it must be understood that the revision will effect only future disposals and will not involve any alteration in existing rents until the period fixed in
the-lease expires [553-RlD4,.dated 11th June, 1938].
(ii) All land in the cantonment which "is vested in the State", (except land in Class B(2) which is permanently occupied or used by a Provincial Government)
whether applied, or suitable for application, to building, agricultural or other purposes, may be regarded as theoretically liable to pay an annual rent to
Government.
(iii) It will be one of the most important duties of Military Estates Officer to make themselves thoroughly acquainted with local values both of agricultural and
building land.
They should collect and tabulate information as to the prices paid for land in the open market, in private sales and other transactions; and they should avail
themselves to the fullest extent of the advice of the local revenue or land acquisition officers, whose business it is to acquire expert knowledge on these matters.
9 (MANAGEMENT OF LAND.-)
(1)
The management of Class "A" (1) Land, except for such areas or classes of areas as may from time to time be declared by the Federal Government to be under
the immediate management of the Military Authorities themselves, shall be entrusted to the Military Estates Officer.
(2)
The management of Class "A" (2) Land shall vest in the Military Estates Officer.
(3)
The management of Class "B" (1) Land shall vest in the Department or Administration in occupation of the land.
(4)
The management of Class "B" (2) Land shall vest in the Provincial Government in occupation or having control over the land.
(5)
The management of all Class "B" (3) Land and Class "B" (4) Land shall ordinarily be entrusted to the Military Estates Officer.
Provided that the Secretary of the administrative Division or a person authorized by him in this behalf may entrust the management of any such land to the
Board.
(6)
The management of Class "C" Land vests in the Board under Section 1 08 of the Act.
NOTES
(i) Class A (l)"Lands under the Management of the Military Authorities.
By Defence Department letter No. 974-R/D.4, dated the 2nd September, 1938, as amended by Defence Department letters Nos. 115/R/D.4, dated the 13th
October, 1939, 1296/R/D.4, dated the 25th November, 1939, and 1256/L.C./D.4, dated the 11th April, 1940, the following areas of Class A( I) land in
Cantonments have been declared under sub-rule (I) of this rule to be under the immediate management of the Military Authorities themselves:-
(a) Enclosed areas which form the compounds of Government bungalows, offices, workshops, manufacturing establishments and other military buildings. These
areas, with the exception of Ordnance manufacturing establishments and their estates will remain in charge of the Military Engineer Services, when vacant.
(b) Areas of land held by the Military Farms and Remount Departments whose functions consist in the use and development of land.
(c) Areas of land which have, prior to the promulgation of the Cantonment Land Administration Rules, 1925, been allocated to the Military Farms Department
from time to time for the purpose of cultivation in order to produce fodder for the army or in order to clean and reclaim the soil.
(d) Areas of land occupied by Supply Depots.
(e) Areas of land occupied by the Staff College, Quetta.
(f) Areas of land used as brickfields or quarries by the Military Engineer Services and catchment areas of Military Engineer Services water supplies.
(g) Areas of land occupied by Engineer Parks.
(h) Areas of land occupied by Military Engineer Services storage yards.
(i) Areas of land occupied by factories or demarcated for the development of factories in charge of the Master General of the Ordnance in Pakistan.
j) Areas of land occupied by the Army Ordnance Corps establishments and estates attached to these establishments in charge of the Master General of the
Ordnance in Pakistan.
(k) Soldiers gardens as provided in paragraphs 419, 421 and 425 of the Regulations for the Army in India.
(l) Hospital gardens, which include the whole of a hospital compound.
(m) Compounds of Veterinary hospitals.
(n) Air Force landing grounds and the landing ground portions of aerodromes.
(o) Military recreation grounds other than golf courses and race courses.
(p) Areas of land occupied by the Indian Military Academy, Dehra Dun.
The above areas will remain in charge of that Department of the Army which is in occupation of them with the exception of Air Force landing grounds and the
landing ground portions of aerodromes which will be in charge of the Military Engineer Services. The receipts and expenditure on account of the above
mentioned lands, with the exception of soldiers gardens and military recreation grounds, will be accounted for in the budget of the department concerned.
(ii) Class A (1) Land under the Management of the Military Estates Officer
By Defence Department letter No. 974/R/2/DA, dated the 2nd September, 1938, all Class A(I) land in cantonments other than that placed under the management
of the Military Authorities themselves, (note (i) above), has been entrusted under sub-rule (1) of this rule to the management of the Military Estates Officer.
While military recreation grounds other than golf courses and race courses have been entrusted to the management of the military authorities, parade grounds or
portions of parade grounds which are used for recreational purposes, but which are not separately classified as "military recreation grounds" will remain under
the management of the Military Estates Officer.
(iii) Class B(3) and Class B(4) Land under the Management of the Military Estates Officer.
By Defence Department letter No. 335/R/DA, dated the 4th May, 1938, all Class B(3) and Class B(4) land in cantonments other than those lands which have
been entrusted to the management of Cantonment Boards has been entrusted under sub-rule (5) of this rule to the management of the Military Estates Officer
[335/R/D.4, dated 4th May, 1938].
(iv) Class B(3) and Class B(4) Land under the Management of Cantonment Boards.
By Defence Department letter No. 1283-L1DA, dated the 12th March, 1942, the Federal Government has entrusted to the management of Cantonment Boards
all Class B(3) and (4) lands in the areas in cantonments notified as bazaar areas under section 43A of the Cantonments Act, 1924, that is all those areas specified
in note (iii) to rule 2.
By Defence Department letters Nos. 12598/D.4, dated the 14th November, 1941, 1283·L/D.4. dated the 12th March, 1942, 9514·L/C & L, dated the 23rd
December, 1942, 1325·L/C & L, dated the 20th February, 1943, and 1332·L/C & L, dated the 23rd February, 1943, the Federal Government has entrusted to the
management of Cantonment Boards all Class B(3) and B(4) lands in the areas which are for the time being declared as bazaar areas under rule 2(b) of these rules
as described in the Defence Department notification enumerated in note (iv) to rule 2.
(v) Management of Class A Lands.
For the duties in respect of management of Class A lands see the notes to Rule 14.
III (MANAGEMENT BY MILITARY ESTATES OFFICER)
10 (MAINTENANCE OF GENERAL LAND REGISTER.-)
(1)
The Military Estates Officer shall maintain the General Land Register prepared under rule 3 in respect of all land, other than land in bazars the management of
which has been entrusted to, or vests in the Board, and shall register all mutations in column 1 thereof, and shall enter therein-
(i) every transfer of right or interest in land in the cantonment registered under section 54, 59" 107 or 123 of the Transfer of Property Act, 1882, of which
information has been sent to him under' sub-section (2) of section 287 of the Cantonments, Act, 1924, or by the Board, when such transfer necessitates an
alteration of the entries, in any of the columns of the register,
(ii) every grant of such right or interest made by the Federal Government,
(iii) every report of the transfer of such right or interest made under section 73 of the Act sent to him by the Board under rule 45,
(iv) every acquisition of interest in land by a Board made under rule 4 of the Cantonment Property Rules, 1957,
(v) every transfer of land to or resumption from a Board made under rule 6 or transfer by a Board made under rule 10 of the Cantonment Property Rules, 1957,
(vi) every interdepartmental transfer of class "A" land and every transfer of Class "A" land, from one service of the Army to another under the control of the
same head of a department sanctioned by the Secretary of the administrative Division,
(vii) every alteration in classification of land sanctioned under rule 7 above, and
(viii) every transfer of occupation between departments of the Federal Government, Provincial Governments and Railway Administrations.
(2)
The Military Estates Officer shall also make an entry in the Register respecting the transfer of any such right or interest, as aforesaid, which he has reason to
believe has taken place and of which no report has been made to him.
NOTES
(i) The Military Estates Officer is responsible, under this rule, only for the maintenance of the General Land Register in respect of land other than land in
bazaars which has been entrusted to the management of the Board, Under rule 44, the Military Estates Officer shall supply the Board with copies of the Register
in respect of all land in bazaars vested in them or entrusted to their management, and under rule 45, it is the duty of the Board to keep these registers up to date.
(ii) When the Military Estates Officer has reason to believe that a transfer of any right or interest in land, not situated in a bazaar entrusted to the management of
the Board, has taken place and no report has been made to him, he shall report the fact to the Board for investigation with reference to section 73 of the
Cantonments Act and shall record the transfer only after verification by the Board [1126-RID4, dated 28th September, 1938].
(iii) The Military Estates Officer is required to secrutinize the terms of all transfers before making an entry in the General Land Register, in order to see that no
Government rights are being thereby confiscated. If he finds that the document purports to transfer rights greater than those which the transferor possesses- for
instance, the freehold rights when the transferor is only a lessee from government- he should issue a notice immediately to both the transferor and transferee
warning them that Government cannot recognize the transfer, and should report the facts of the case to the Deputy Director, Military Lands and Cantonments,
for orders.
The Military Estates Officer will also make an entry in the remarks column of the General Land Register to the effect that a registered notice has been served on
the transferor and transferee stating the Government do not recognize the transfer.
(iv) In entering mutations, the instructions contained in note (i) to rule 3 should be followed [1126-RlD4, dated 28th September, 1938].
(v)
Transfers of Right or Interest
. A mortgage even unaccompanied by possession is a transfer of property and creates an interest in land under the Transfer of
Property Act, 1882. It cannot be effected without registration, except when the property is below the minimum value prescribed (Rs.l 00).
Entries of all mortgages, with or without possession should be made In the General Land Register under sub-rule (i) of this rule [869-RlAD4, dated 23,d
December, 1930].
(vi) Entries to be made on Expiry of a Lease. On the expiry of a lease recorded in the General Land Register, formal possession should be taken by the
Military Estates Officer, the fact recorded in the General Land Register and the entries revised in accordance therewith.
(vii) Entry of Admission of Government's Rights. Admissions executed by private individuals accepting the proprietary rights of Government in land shall be
recorded in the remarks column of the General Land Register after necessary sanction to the entry has been obtained under sub-rule (2) of rule 3.
(viii)
Responsibility for Watching Encroachments
. The Military Estates Officer is responsible for watching that Departments of Government and
Administrations make no encroachments beyond the boundaries of their holdings [1974-RlD4, dated 2nd September, 1938].
11 (CREDIT OF RECEIPTS.-)
All receipts from land entrusted to the management of the Military Estates Officer shall be credited in full to the Federal Government.
NOTES
(i) Receipts will be paid into the nearest treasury, sub-treasury or branch of the State Bank of Pakistan to which Government business has been entrusted.
(ii) Military Estates Officer and their representatives in cantonments are empowered to issue Receivable Orders under Article 453, Civil Account Code, Volume
II [768-RlD4, dated 11 th July, 1938].
12 (THE MILITARY ESTATES OFFICER'S LAND REVENUE REGISTER.-)
The Military Estates Officer shall maintain a register, in the form prescribed in Schedule III, of all lands in Classes "A" (2) and "B" (3) which are entrusted to his
management and from which revenue is derivable. This register shall be known as the Military Estates Officer's Land Revenue Register, and shall be prepared
annually with effect from 1 st April, so as to show the annual demand in the shape of rent from building sites, agricultural land and other land.
IV (SPECIAL RULES FOR CLASS "A" LAND)
13 (SCHEDULES OF CLASS" A" LAND.-)
(1)
The Military Estates Officer shall maintain plans and schedules of land in Class "A" (1) and (2) for each cantonment in which land is entrusted to his
management.
(2)
No alteration in the plans and schedules shall be made without the sanction of the Secretary of the administrative Division.
(3)
As soon as may be after the 1st April of each year and not later than the 1st July, the Military Estates Officer shall submit a certificate, countersigned by the
Officer Commanding the Station, to the Secretary of the administrative Division as to the correctness of the plans and schedules of class "A" land, together with
a report of any unauthorised structures or encroachments thereon.
NOTES
(i) The following instructions should be adhered to in the preparation of plans and schedules of class' A' land-
(a) The plan and schedule being intended to form a permanent record, the plan should be prepared as a result of an accurate survey of the boundaries and should
not amount merely to a rough demarcation of the perimeter. Each subsidiary holding within class "A" land, such as arsenals, barracks, parade grounds, military
grass farms, recreation grounds, depots, roads, etc., which will be under the management of various departments of the Army and the Military Estates Officers,
who have to account for the usufruct of their particular holding, requires separate demarcation and must also be accurately surveyed and shown on the map. If
possible the Survey of Pakistan maps should be used.
(b) The schedule must correspond in all respects with the plan.
(c) Each holding should be numbered consecutively beginning from the top of the plan, and where there is more than one plot under the management of one
department or service, for instance separate plots of grass farm land, each of such plots must have a separate survey number.
(d) Where roads, over which the public have a right of way, traverse a holding, such roads should be excluded from the holding, even if they are military roads.
(e) Military roads should be shown by drawing a line down the centre of the road of a different colour to the colour used to outline the adjacent holding, and
given a distinctive number in the schedule.
(f) Class "A" (1) and "A" (2) lands should be differentiated by continuous and dotted red lines, respectively.
(g) Areas occupied by mosques, temples and other religious structures which have been erected on class "A" (1) land should be classified as B(3). In cases
where the land occupied by such buildings and also by private buildings is held on a lease under the Cantonment Code of 1899 or 1912, and is surrounded by
military class "A" land, it should also be classified B(3). Such land should continue to be shown in the plans and schedules of class A(1) and (2) land. See Note
(iii) (h) to Rule 6.
(h) Communal graveyards and sacred tanks at present enclosed in a military area and to which at present the public have a right of way should not be included in
class "A" (2) land, but should be classified as "B" (4) land. A suitable strip of land should be excluded from class "A" land in order to provide for a
communication between the tank or graveyard and the public road. See note (iii)(e) to Rule 6.
(i) The Military Estates Officer wiIl certify on the plan that every separate holding has been accounted for [1020-R/D4, dated 6th September, 1938].
(ii) An entry of every transfer affecting class "A" land sanctioned by the Federal Government shall be made in the plans and schedules.
(iii) Schedules and plans of class A(1) and (2) lands are required to show separately the holdings in possession of the military authorities or those likely to be
required for military purposes, and are intended to form the basis of entries in the General Land Register. A copy of the plans and schedules of class (A) land
will be supplied by the Military Estates Officer to the Officer Commanding the Station, who is responsible that no encroachments are permitted on class A land.
The copies will be verified and corrected annual1y by the Military Estate Office. It is necessary therefore to maintain these schedules and plans up to date
independently of the General Land Registers which record all lands within the cantonment.
(iv) Application for the erection of boundary pillars to demarcate class A holdings are to be made to the Officer Commanding the Station. They will be erected
and maintained by the boards. The cost of erection and maintenance will be debited to main head 8-Military Engineer Services within major Head 58-Defence
Services Effective when the land is required for the army generally, and to the appropriate head within major Head 58-Defence Services Effective when required
for Ordnance, Clothing factories, Remount Department, Military Farms or the Air Force.
(v) A joint certificate under sub-rule (3) of this rule and rule 14 of the Rules form the Acquisition, Custody, Relinquishment of Military Land will be prepared by
the Military Estates Officer in the following form and submitted by him to the Federal Government through the Officer Commanding in Chief, the Command or
Commander Western (Independent) District (but see note (ii) to Rule 2) [781-RlD4, dated 22nd August, 1939; 999-RlD4, dated 21st September, 1939]·
CERTIFICATE
Under Rule 14 of the Rules for the Acquisition, Custody and Relinquishment of Ordinary Lands in Pakistan as modified by Rule 13(3) of the Cantonment Land
Administration Rules, 1937.
(a) Certified that the plans and schedules of Class' A' land maintained under Rule 13(1) of the Cantonment Land Administration Rules, 1937, are correct.
(b) The following unauthorised structures/encroachments have been made on Class 'A' land in the Cantonment of ______________. The action taken for the
removallregularisation of these unauthorised structures/ encroachments is as noted against each item.
(c) All changes in the classification of land and in the boundaries of individual holdings of the _______________________ Cantonment have been duly entered
in the General Land Register of the Cantonment.
Station.
Date.
Military Estates Officer, Circle.
Countersignature of the Officer Commanding Station.
No alteration in the boundaries of the Cantonment as a whole is required and all land within the Cantonment is required for the effective discharge of the duties
of the Federal Government in respect of Military administration.
Station.
Date.
Officer Commanding Station.
14 (SPECIAL RULES FOR CLASS "A" LANDS.-)
(1)
The administrative control of Class "A" (1) land including the detection and prevention of encroachments thereon, shall vest in the Military Authorities for the
time being in occupation of the land. The administrative control of Class "A" (2) land shall vest in the Federal Government.
(2)
The Military Estates Officer shall conduct his management of Class "A" (1) land (which shall include the development of the resource of the land, the disposal
of usufruct and the planting and maintenance of trees), in consultation with and under the general supervision 'of the Officer Commanding the Station, at whose
discretion expenditure will be incurred within the allotinent
made to the Military Estates Officer and in accordance with the military regulations in force regarding the planting of trees and the cultivation of land in military
areas.
(3)
Land in Class "A" (1) shall not be used or occupied for any purpose other than those stated in sub-rule (i) of rule 5 without the previous sanction of the Federal
Government or such authority as they may appoint in this behalf:
Provided that the temporary use of Class "A" (1) land which is under the management of the Military Authorities may be permitted by those Authorities for the
storage of materials by contractors for the purpose of carrying out Government work. Such permission shall be given in writing by the officer of the Military
Engineer Services in charge of the work and shall remain in force only for such period as he may consider reasonable.
(4)
Class "A" (2) land shall ordinarily be kept vacant but its temporary use or occupation may be licensed by the Military Estates Officer under rule 39, or it may be
leased by the Military Estates Officer by private treaty for periods not exceeding five years with the previous sanction of the Officer Commanding-in-Chief, the
Command, or for any other period with the previous sanction of the Secretary of the administrative Division.
(5)
No building of any kind, either permanent or· temporary, shall be erected on Class "A" land except with the previous sanction of, and subject to such conditions
as may be imposed by the Secretary of the administrative Division or by such other authority as the Secretary of the administrative Division may appoint for the
purpose:
Provided that-
(a) a temporary construction may, with the pervious sanction of the Officer Commanding the Station, be allowed on Class "A" (2) land licensed by the Military
Estates Officer under sub-rule (4); and
(b) a temporary construction may, with the previous sanction of the authority sanctioning the lease, be allowed on Class "A" (2) land leased by the Military
Estates Officer under sub-rule (4).
NOTES
(i) Control of Class ''A" Land
The control of Class "A" land mentioned in sub-rule (I) of this rule is to be distinguished from the management referred to in rule 9. The intention is that class
"A" lands shall be entirely under military as distinct from Cantonment and civil control, but subject to this distinction, the actual management of certain class
A(I) lands is entrusted to the Military Authorities themselves under sub-rule (I) of rule 9, while the remaining areas of Class A(I) land and all class A(2) lands
are entrusted to the management of the Military Estates Officer.
Unless and until the Military Authorities raise the question of relinquishing any lands in class A(1) which are under their immediate management, the Military
Estates Officer have no functions to perform with regard to such lands except to maintain a proper record of them as laid down in rules 3 and 13.
The Military Estates Officer, in his management of class A(I) lands, is acting as the agent of the military authorities; the general control of the land, including the
responsibility for its sanitation remains with the Officer Commanding the Station under section 128 of the Cantonments Act [34024/1/AD, dated 22nd March,
1927; 33963/3/AD, dated 4th May, 1927; 974-RlD.4, dated 2nd September, 1938].
(ii) Responsibility for Unauthorised Structures and Encroachments on Class ''A" Land.
Although under rule 13, the Military Estates Officer is to submit an annual certificate to the Federal Government as to the correctness of the plans and schedules
of class "A" lands, together with a report of any unauthorised structures or encroachments, the Officer Commanding the Station remains responsible that no
unauthorised structures or encroachments are permitted on class A(1) land [446-RlAD.4, dated 20th June, 1931].
The responsibility for the removal of encroachments on class A(1) land which is under the direct management of the Military Authorities lies with the
Department of the Army in occupation of the land. As regards class A(1) land which is under the management of the Military Estates Officer, he will bring to the
notice of the military authorities any encroachments which he may detect; the responsibility for the prevention or removal of these will, however, still lie with
the military authorities [446-RlA.D.4, dated 20th June, 1931].
If it becomes necessary to file a suit for the removal of an encroachment on class A(1) land, action will be taken by the Military Estates Officer at the request of
the military authorities [974-RlD.4, dated 2nd September, 1938].
The Military Estates Officer is solely responsible for the detection and removal of encroachments on class A(2) land [446-RlA.D.4, dated 20th June, 1931].
(iii) Responsibility for the Preparation of Plans of Sites on Class "A" Land.
(a) Plans in connection with the regularisation of encroachments will be prepared by the Military Engineer Services at the request of the department of the Army
occupying the land, but the cost thereof will be borne by the individual unit or formation responsible for the encroachment. If the unit or formation concerned
has left the Indian establishment before the encroachment is noticed, such cost will be debited to the Military Engineer Services. This also applies to military
land outside Cantonments.
(b) In the case of quasi military buildings to be erected from regimental or other such funds as are referred to in Table G of the Regulations for the Military
Engineering Services, the necessary plans will be prepared by the Military Engineer Services [481-RlD4, dated 12th March,1936].
(c) Where plans are required in connection with the transfer of land from one department to another, the local military authorities or the Military Estates Officer
initiating the proposals will, as far as possible, make use of cuttings from printed plans. Black prints of Cantonment surveys on Bank-post paper are suitable for
taking cuttings and are obtainable, on payment from the Survey Department. The Military Engineer Services will assist the authorities concerned in this matter
when necessary and as far as circumstances permit.
(d) The preparation of plans in connection with the acquisition and relinquishment of land is the responsibility of the Military Engineer Services, and the cost is
debitable to Head 8-Military Engineer Services. This work is generally of an urgent nature and in the interests of Government early steps should be taken for its
completion.
(iv) Temporary Use of Clause A (1) Land Under the Proviso to Sub-rule 3.
The proviso to sub-rule (3) applies to land required for Military Engineer Services contractors only. Land required by other contractors must be transferred to
class A(2) with the sanction of the Federal Government and then leased by the Military Estates Officer [549-RlD4, dated 10th June, 1938].
If land required under the proviso to sub-rule (3) is regularly required by the Military Engineer Services for contractors to store materials, i.e. in the case of
running contracts for minor works and repairs, proposals for its reclassification as a Military Engineer Services Store Yard should be submitted to the Defence
Department.
(v) Construction of Regimental Private Buildings on Class "A" Land.
(a) In view of the prohibition contained in sub-rule (5) of this rule, it is only in circumstances of a most exceptional character that the Federal Government will
sanction the erection of private buildings of a permanent nature on class "A" lands.
The majority of permanent buildings on class "A" land will be military buildings in charge of the Military Engineer Services or some other department of the
Army and, as only Government buildings may be erected on class A( I) land, it follows that if any construction, other than a Government construction, whether
permanent or temporary and whether constructed from unit or private funds, is sanctioned on class (A) land, it will be necessary for the site required to be
previously transferred to class A(2) by the Federal Government [2104-LC/D4, dated 2nd July, 1936].
(b) There may be buildings of a private or less official nature, such as Regimental Institutes or Clubs, Squash courts or religious buildings such as temples,
mosques or gurdwaras, which are intended solely for the use of the troops and which it may be desirable and legitimate to locate on class "A" land.
The Government will always be prepared to consider the possibility of providing amenities such as regimental institutes or clubs themselves, as a permanent
adjunct to the barracks available for the use of any unit that may occupy them.
In any case, however, where it is decided to allow the erection of such buildings at the cost of regimental or other private funds, as the Officer Commanding a
unit of Federal Government's forces has no official existence separate from the Government and for this reason there can be no question of his entering into a
legal contract with Government and executing a lease for State land, the procedure will be not to lease the land to the Officer Commanding any particular unit
but for the Government to sanction the construction of the building on the execution of the following certificate by the Officer Commanding or the Members of
the Regimental Committee of the unit in occupation of the lines:-
[390-LC/D4, dated the 31st January, 1940]
I/We the Officer Commanding/Members of Regimental Committee of the ________________ now in occupation of the _______________ lines
_____________________________ Cantonment, do hereby acknowledge that I/We have been permitted to construct/Retain a ___________________________
on the land described on the schedule attached hereto and delineated and coloured ________________ on the plan annexed hereto, on the understanding that I
and my/we and our permitted successors are merely licensees and that Government's right to the freehold of the land is not affected and subject to the following
conditions:-
[390-LC/D4, dated 31st January, 1940]
(1) That the said buildings (shall be constructed in accordance with the plans and specifications approved by the Military Engineer Services, and) shall be kept in
a clean and sanitary condition and in a proper state of repair to the satisfaction of the local Military Engineer Services officer concerned and no addition or
alteration made without his written consent.
(2) That the site shall be used for the specific purpose mentioned in the schedule and no other.
(3) That the _______________________ shall be used by men primarily concerned with the said unit and no outsiders shall be permitted to use it/them without
the authority of the Officer Commanding the __________________________________________.
(4) I/We shall in no circumstances alienate or part with possession of the said land or buildings without the sanction in writing of the Government of Pakistan,
except on the departure of the said unit from the cantonment, when the Officer Commanding/Members of the Regimental Committee of the relieving unit shall
become entitled to the Benefit of this agreement if still in force and my/our interest therein shall cease absolutely.
(5) Government shall be at liberty at any time after giving at least one month's notice to resume vacant possession of the land and remove or retain the buildings
thereon without payment of any compensation should they require the land for any other purpose or if there has been non-observance or breach of any of above
conditions.
SCHEDULE.
Cantonment
General Land Register No.
and class of land
Description of the land and
area
Purpose of which granted
Remarks
1
2
3 4 5
Officer Commanding _______________________________________________________________________________________________________________
or ____________________________________________________________________________________________________________________________
Members of the Regimental Committee of the _____________________________________________________________________________________
The particulars of the areas and boundaries of the site affected and a reference to the sanction of the Government of Pakistan under which permission has been
given, have been entered in the Land Registers of the Cantonment.
Military Estates Officer.
NOTES
The Certificate shall be signed by the
1. (a) Officer Commanding/Members of the Regimental Committee of the unit in occupation in every case where permission is granted to erect a
building/buildings from Regimental or other private funds or, retain one already built from such funds.
(b) Officer Commanding/Members of the Regimental Committee of the relieving unit in every case when buildings erected with permission by the outgoing
units are to be retained. In these cases the portion in brackets in condition (1) may be deleted.
In the case of the buildings not required by the relieving units, the Officers Commanding should render similar certificates deleting the unnecessary words in
clauses (I) and (3) and amending these clauses as shown below:-
"(1) The said buildings shall be kept in a clean and sanitary condition and no additions or alterations shall be made thereto."
"(2) No outsiders shall be permitted to use the said buildings."
(I) Buildings when in use are to be maintained at the expense of the unit.
(II) The Officer Commanding shall protect but not maintain the existing religious buildings which are not required by his unit.
(III) In no circumstances shall the Military Engineer Services accept any responsibility for the upkeep of these buildings.
2. A copy of the certificate referred to in note 1 (a) shall be forwarded to the Government of Pakistan and the Military Estates Officer, and a copy of the
certificate referred to in note 1 (b) shall be forwarded to the Military Estates Officer only.
Where for any reason a site on class. "A" land is not available for the erection of the buildings of the kind mentioned above, sanction for the transfer of the land
required to class" A" may be made under rule 9, and the views of the Cantonment Authority should be obtained and submitted if the site is included in class "B"
land under its management and control.
(c) No buildings of a regimental nature erected on class "A" land may in any circumstance be sold to private individuals or allowed to become their property
without the sanction of the Government of Pakistan.
(d) Government retain the proprietary rights in the trees standing in the compounds of buildings maintained and owned by units, irrespective of the fact that
those trees are planted by the occupants themselves or. were originally granted to the occupants. The occupants are entitled to the fruit of such trees and also to
windfalls and lop and top. They cannot, however, cut or remove any timber without the permission of Government [3100/LCID4, dated 21st September, 1938].
(e) If lines are vacant, the control and management of any buildings authorised to be erected and which are not recommended for removal under clause (5) of the
certificate will rest with the Officer Commanding the Station [2095-LCID4, dated 19th October, 1940].
(vi) Construction of Religious Buildings in Unit Lines.
The erection of a mosque or other religious buildings on class "A" land for the use of a small community is not justifiable unless it can be shown that the
individuals affected would, by reason of the circumstances of their official employment, suffer real hardship if the facility were not granted.
Religious buildings will be sanctioned under note (v) in the lines of Indian troops at the expense of the unit subject to the following conditions:-
(a) sites for such buildings are to be fixed by the Standing Barrack Committee and approved by the District Commander, care being taken to avoid sites likely to
be required for public purposes at any subsequent date.
(b) religious buildings erected in the lines are primarily for the use of the men connected with the unit and no outsiders will be permitted to use such buildings
without the authority of the Officer Commanding.
(c) buildings when in use will be maintained at the expense of the unit.
(d) the Officer Commanding will protect but not maintain existing religious buildings not required by his unit.
(e) in no circumstances will the Military Engineer Services accept any responsibility for the maintenance of these buildings.
(f) only three religious buildings will be recognized, Hindu, Mohammedan and Sikh, and the maximum number of religious buildings is to be limited to three
[31488/11AD, dated 6th April, 1926; 46019/1/D3, dated 9th December, 1929; 96462/11D36, dated 27th November, 1943].
(vii) Maintenance by Units and Formations of Lists of Lands under the Direct Management of the Military Authorities.
In order to effect an adequate check over receipts from lands under the direct management of Departments of the Army, each unit and formation concerned
should maintain a list of such lands with information regarding revenue accruable and revenue realised therefrom. Military Estates Officer will supply, where
necessary, relevant extracts from the General Land Registers and Military Land Registers to Officers Commanding units and formations responsible for the
management of such lands and will also communicate to them any subsequent changes in the entries in these extracts. Officers Commanding units and
formations will be responsible for keeping such lists up to date [3301/LC/AD4, dated 21st September, 1936].
The above will not apply to lands in Remount Depots in cantonments [778-LlD4, dated 6th May, 1938].
(viii) Sanitation of Class "A" Lands.
Under section 128 of the Cantonments Act, the Officer Commanding the Station is responsible for maintaining in a sanitary condition all buildings and lands
which are occupied or used for military purposes, i.e., all class A(I) land. No responsibility has been imposed under the Act on anyone specifically for the
sanitation of class A(2) land. As, however, such land is reserved for the use of the Army or the Air Force, the responsibility for maintaining it in a sanitary
condition rests on Government.
The expenditure on the sanitation of class A(2) land should be met as follows:-
Ordinary work connected with the maintenance of class A(2) land in a neat and sanitary condition should be met from the provision made for conservancy
charges under 48-Defence Services Estimates- Head VII-C(a). As regards sanitary measures which involve engineering works, e.g., drainage of depressions,
filling of pits, etc., the expenditure will be debited to the appropriate head within the major head 48-Defence Services Estimates in the case of lands under the
management of the Army Remount Department and of Ordnance and Clothing Factory estates under the Control of the Ordnance Department and in the case of
works required in the Air Force areas, the expenditure should be debited to the appropriate minor head under sub-head "F" Works Expenditure of main head 10-
Royal Air Force, within Major Head 48-Defence Services Effective. In other cases where land is used for military purposes generally, the expenditure will be
debited to 8-Military Engineer Services within Major head 8-Defence Services Effective (e.g., grant for anti-malarial measures).
The clearing of undergrowth in barrack areas, which is definitely a sanitary measure, is a legitimate work of the unit concerned and should normally be carried
out by troops labour on a no cost basis. In cases where the grazing rights over the area concerned are given to Cantonment Boards, conservancy of the land
(including the removal of undergrowth) should be the responsibility of the Board [32S/AD4, dated 16th December, 1930; 44-SC/AD4, dated 8th July, J931; 13-
SC/D4, dated 19th June, 1940].
(ix) Grazing and Disposal of Usufruct on Class A(i) Land.
Grazing and disposal of usufruct should be carried out in such a manner that proper control over persons and animals entering the lines remains with the Officer
Commanding the Station. It is the duty of the Military Estates Officer to dispose of the grazing in the lines of units in the manner prescribed in sub-rule (2) of
this rule. Grazing in. unit lines is not to be reserved for Government animals nor is the Officer Commanding a unit allowed to dispose of grazing or usufruct in
his lines and retain a portion of the profits for regimental purposes.
If the Officer Commanding the Station is of opinion that usufruct on a particular plot of class A(1) land should not be disposed of, or should be disposed of in
particular manner, i.e., by grazing or by grass cutting, the Military Estates Officer is to abide by his orders. The Officer Commanding the Station is not, however,
authorised to prohibit the disposal of the usufruct on particular plot of land by the Military Estates Officer and to allow it to be taken or disposed of by any other
person. If the usufruct is to be disposed of, it must be disposed of by the Military Estates Officer.
Except in the case of soldiers gardens and military recreation grounds which have been entrusted to the management of the military authorities vide note (i) to
rule 9, anything in the nature of regimental funds to which the proceeds of grass or trees or other usufruct may be credited is strictly prohibited except under the
special sanction of the Government of Pakistan; all expenditure on and income from land entrusted to the management of the military authorities is to be debited
or credited, as the case may be, to the Central Revenues [1021-LC/D4, dated 16th March, 1936; 152-LCID4, dated 19th January, 1937].
(x) Quarries on class "A" Land.
Quarries on class A(1) land and under the immediate management of the Military Engineer Services vide note (i) to rule 9, and as such they are beyond the
purview of the Military Estates Officer.
Quarries which are under the immediate management of the Military Authorities may be leased by the Military Engineer Services to a contractor forthe purpose
of fulfilling a Government contract. The lessee of a quarry so leased will be entitled to remove material from the quarry for private purposes.
No royalty shall be charged from the Military Engineer Services for earth or stone removed for military purposes from class A(1) land and class A(2) land under
the management of the Military Estates Officer. The local Military Engineer Services authorities should, however, obtain the permission of the Military Estates
Officer before earth or stone is removed from such lands.
Contractors employed by the Military Engineer Services are exempt from the payment of royalty for materials removed from class "A" lands [30664/5/AD,
dated 25th August, 1926; 528-RlD dated 8th October, 1934; 183-RlD4, dated 9th April, 1936].
(xi) Leases and Licences of Class A (2) Land.
A temporary construction, mentioned in the proviso to sub-rule (5) of this rule means a construction which can be easily and cheaply erected and removed at
short notice such as a 'hut" or "shed" as defined in section 2 of the Cantonments Act, and as distinct from a permanent building which is. intended to last for a
number of years.
In sanctioning a lease under sub-rule (4) of this rule, it is for the Officer Commanding-in-Chief, the Command to fix the rent in his discretion.
The authority competent to sanction the determination of a lease of class A(2) land is the President.
The necessary notice of determination will be issued by a person competent to sign on behalf of the President.
For special conditions to be entered in leases of class A(2) land required by Army Contractors for Regimental Institutes and in leases for Military Cinemas, see
notes (iii) and (vi) to rule 41 [1409-LC/D4, dated 4th May, 1938; 73-L/D4, dated 7th January, 1942].
V (DISPOSAL OF LAND BY MILITARY ESTATES OFFICER)
15 (SALE OF LAND PROHIBITED)
The sale of land for any purpose without the definite orders of the Federal Government is prohibited.
NOTES
The rules in Chapter V not only apply to land placed under the management of the Military Estates Officers under Defence Department letter No. 335/RlD.4,
dated the 4th May, 1938, (see note (iii) to rule (9), but also apply mutatis mutandis under rule 47 to land entrusted to the management of Cantonment Boards
under the proviso to sub-rule (5) of rule 9 [335-R121D4, dated 271 September, 1938].
16 (BUILDING SITES. LEASES. (ORDINARY TERMS))
(1)
Building sites shall ordinarily be disposed of by lease for a minimum period of thirty years in the first instance renewable at the option of the lessee at equal
intervals up to a maximum period of ninety years.
(2)
The lease shall be subject to an annual rent which shall be fixed in the manner prescribed in rule 19 and which shall be liable to revision at each renewal of the
lease. An initial premium shall be charged on the lease and the lease shall be put up to public auction for sale to the person who agrees to pay the highest amount
as premium.
(3)
When a lease comes up for renewal at the end of the first or subsequent term of years, an indenture for such renewal shall be executed in the form prescribed in
Schedule IV.
17 (APPLICATION FOR BUILDING SITES)
(1)
Applications for building sites on land under the management of the Military Estates Officer shall be submitted to the Military Estates Officer in the printed
form prescribed in Schedule v.
(2)
Every application shall specify the situation of the land required, the exact purpose for which it is wanted and the area of land in the Cantonment, if any, already
held by the applicant; and shall be accompanied by a site plan of the area applied for prepared at the cost of the applicant.
NOTES
(i) Free grants of land are prohibited altogether under these rules. No land can be disposed of for less than its full market value without the specific orders of the
Federal Government as provided in rules 19,26,31 and 37 and a feature of the rules and the lease forms is that, whatever the initial rent fixed may be, it shall
always be liable to revision at intervals of not more than 30 years [553-RlD.4, dated 11th June, 19381.
(ii) Officers of the Cantonments Department will be held responsible for seeing that these rules are rigidly adhered to and for bringing to notice any unauthorised
steps taken by any authority whatever towards the alienation or free grant of land in contravention of the rules [553-RlD.4, dated n" June, 1938).
(iii) Military Estates Officers and Cantonment Boards have no power to entertain an application for the lease of a building site on any class of land other than
class B(4), except in the circumstances prescribed in rule 14(4) as regards class A(2) land 12835~LC/AD4, dated 13th September, 1933].
18 (PROCEDURE ON REJECTION BY THE OFFICER COMMANDING THE STATION)
The Military Estates Officer shall lay the application before the Officer Commanding the Station and the Officer Commanding the Station may reject the
application for reasons to be recorded in writing which shall be entered on the application form and the form shall be filed in the manner prescribed by rule 29.
The decision of the Officer Commanding the Station shall be communicated to the applicant.
NOTES
It will be incumbent on the Officer Commanding the Station when dealing with an application for the grant of a lease, to bear in mind the cardinal principle that
cantonments exist primarily as places of residence for troops and are not therefore to be exploited by individual or classes for whom they are not intended. He
must also take into consideration the size of the area applied for and care should be taken to see that the area granted is not incommensurate with the type of
buildings it is proposed to erect [1124-RlD4, dated 27th September, 1938].
19 (PROCEDURE ON ACCEPTANCE BY THE OFFICER COMMANDING THE STATION. FIXING OF RENT AND RESERVE PRICE OF PREMIUM)
(1)
If the Officer Commanding the Station approves of the application, the Military Estates Officer shall forward it to the Secretary of the administrative Division or
to such other authority as the Secretary of the administrative Division] may appoint in this behalf, and if the Secretary of the administrative Division or the
appointed authority approves of the application he shall proceed to have the site surveyed and demarcated, if necessary, and shall fix the annual rent to be
charged in accordance with the rate prescribed by the standard table of rents prepared under rule 8 and such reserve price for the premium on the lease as may
appear to be reasonable.
(2)
In no case shall the reserve price so fixed be disclosed to the public or the annual rent be .charged at a lower rate than that fixed by the standard table of rents.
(3)
If the Secretary of the administrative Division or appointed authority rejects the application, an entry to this effect shall be made on the application form. by the
Military Estates Officer and the form shall be filed in the manner prescribed by rule 29.
NOTES
(i) When rents come up for revision at the end of 30 years the exact amount of enhancement, up to the limit of 50 per cent. provided in the lease form, shall
depend on how land values have fluctuated in the interval and not on the value of the buildings themselves or on improvements made by the lessee.
(ii) The rent charged for a lease under the Cantonment Land Administration Rules must be assumed to be the full market rent of the land unless the lease has
been deliberately granted on favourable terms. No extra rent should be charged for additional buildings on a plot of land for which a lease exists and the full
market rent is already being paid.
20 (SURVEY AND DEMARCATION)
(1)
The reserve price shall be calculated so as to include the cost, if any, of surveying and demarcating the site and a proportion of any expenditure that may have
been incurred in preparing and laying out the land, including the site under application, for building purposes.
(2)
The cost of such survey and demarcation shall be deposited by the applicant and shall be deducted from the price eventually realized as premium and repaid to
the depositor.
21 (NOTICE OF AUCTION)
The Military Estates Officer shall then publish a notice, in the form prescribed in Schedule vi stating the date on which, the time and place at which and the
conditions under which the lease of the site applied for will be sold.
NOTES
(i) A period of at least 14 days should be allowed between the date of publication of the notice of auction and the actual date fixed for the auction.
(ii) Where a plot of land to be auctioned for lease adjoins railway land or lies near a railway line, a copy of the notice of auction should be sent to the General
Manager or the Agent and General Manager of the Railway concerned, according to whether the line is State owned and State managed or State owned and
Company managed, to enable him to consider the question of acquisition of, that land for railway purposes, if necessary. A copy should also be sent,
simultaneously, to the Divisional Superintendent or the District Officer of the Railway concerned [118-RlD4, datedlu'" February, 1939].
22 (AUCTION)
On the date and at the time and place appointed, the Military Estates Officer shall proceed to sell the lease by auction to the person who agrees to pay the highest
amount as premium; provided that in no case shall the lease be sold unless the reserve price fixed under rule 19 has been reached.
NOTES
(i) The auction of a lease of land for a building site must be held by the Military Estates Officer in person.
Each site applied for must be put up to auction separately; and it would be a breach of the rules to divide a valuable site into a number of small plots and put
them up to auction together [118-R/2/D4, dated 10th February, 1939].
(ii) Bidding at an Auction by a Cantonment Fund Servant.
While there is no legal objection to an employee of the Cantonments Department or a Cantonment Fund servant bidding at an auction for the lease of land, such
a practice should be discouraged. Where at such an auction the successful bidder is an employee of the cantonments department, the provisions of the
Government Servants Conduct Rules must be complied with in
so far as they are applicable to the particular employee concerned [476 AD4, dated 20th August, 1938; 675 AD4, dated 20th March, 1929].
23 (DEPOSIT BY SUCCESSFUL BIDDER)
The successful bidder shall be required to deposit immediately 10 per cent. of the amount of his bid and to sign an agreement consenting to forego the deposit in
case the balance of the price is not paid within thirty days of the confirmation of the auction.
NOTES
After signing the memorandum of agreement in Schedule VI and making a ten per cent. deposit, the applicant has an assignable interest.
The agreement in Schedule VI held by the lessee should be stamped before it is signed, vide section 17 of the Stamp Act, 1899, but the copy to be held by
Government does not require stamping, vide section 3(1) thereof [769-RlD4, dated 21st Jul" 1939].
24 (CONFIRMATION OF AUCTION)
The Military Estates Officer shall report the result of the auction and forward the proceedings. to the Collector for his concurrence. Thereafter the proceedings
shall be forwarded to the Officer Commanding-in-Chief, the Command, or to such other authority as the Secretary of the administrative Division may appoint
for the purpose, for his approval, and if the Officer Commanding-in-Chief, the Command, or the appointed authority, approves, the sale shall be deemed to be
duly confirmed:
Provided that, if the estimated market value of the site exceeds Rs. 10,000, the approval of the Federal Government shall also be required before the sale shall be
deemed to be duly confirmed.
Explanation.- For the purposes of this rule, the market value shall be estimated, as far as possible, on the basis of actual sales of unoccupied land for building
purposes in the locality, but if the market value cannot be estimated on such basis, it shall be taken to mean twenty times the annual value of the site. In
calculating the annual value, the rent fixed, as well as the premium realised by the auction shall be taken into account.
NOTES
(i) Powers of the Collector
The collector is to be regarded rather as a technical adviser than as a controlling authority and it is only in the two cases mentioned in clauses (a) and (b) of sub-
rule (I) of rule 25 and in rule 32, that the rules themselves provide that his recommendation shall be accepted. The fullest use should, however, be made of his
expert knowledge on all technical matters and his advice on such matters should generally be accepted. The Collector will be within his rights in commenting
upon the reasonableness of the premium [178-RID4, dated 20th February, 1939].
(ii) Market Value
As an example of the application of the "Explanation" to this rule, the market value of a site leased for 30 years at an annual rent Rs. 230/- and a premium of Rs.
1200/- would be Rs.(230x20) plus (20/30xI200), i.e., 4600/- plus 800/- or Rs. 5400/-.
This method is to be used in arriving at the market value of a site where there have been no sales of similar sites for building in the locality. The ordinary
meaning of market value of land is what it would fetch in the market under the state of things for the time being existing. It has also been defined as the price the
buyer bound by nothing beyond payment would be willing to give.
(See Crabb vis Crombie. 9 Macphe. 54).
In connection with the use of the expression in section 23 of the Land Acquisition Act, 1894, it has been said that the term has reference to what the Purchaser
would give for the land and not to the value the Owner puts on it, and in the leading case of Premchand Boral vis Collector of Calcutta (1876) I.L.R. 2 Cal. 103,
it was held that the fairest and most favourable principle of compensation to the owners was to enquire what is the market value of the property, not according to
its present disposition but laid out in the most lucrative and advantageous way in which the owners could dispose of it.
The above principles should generally be followed in determining the market value of a site where it is not possible to find it out in accordance with the
explanation to this rule [178-RlD4, dated 20th February, 1930].
25 (POWERS OF COLLECTOR)
(1)
On receipt of the proceedings forwarded to him under rule 24 the Collector, before expressing his concurrence, shall satisfy himself:-
(a) that the whole proceedings have been conducted in strict accordance with the provisions of these rules, and
(b) that the annual rent and the price realised for the premium on the lease at the auction is reasonable.
(2)
If the Collector is not satisfied on either of these points he shall return the proceedings to the Military Estates Officer with a recommendation that the
proceedings be cancelled; and thereupon fresh proceedings shall be taken and all the foregoing provisions of this rule shall apply to such fresh proceedings.
(3)
If the Collector considers that the disposal of the site itself is for any reason prejudicial to the public interest, he may return the proceedings to the Military
Estates Officer with a statement of his reasons for doing so and a request that the matter may be reconsidered in accordance with his recommendations.
(4)
If the Officer Commanding the Station disagrees with the recommendations of the Collector, the proceedings shall be submitted for the orders of the Officer
Commanding-in-Chief, the Command, if the estimated market value of the site does not exceed Rs.5,000, or of the Secretary of the administrative Division in all
other cases.
NOTES
(i) For "Powers of Collector" see note (i) to rule 24.
26 (DISPOSAL OF LEASE BY PRIVATE AGREEMENT)
Notwithstanding anything contained in rules 16 to 24, the Military Estates Officer may, in exceptional cases for exceptional reasons to be recorded in writing,
and subject to the approval of the Secretary of the administrative Division for this purpose, dispense with the deposit of the cost of survey and demarcation, as
prescribed by rule 20, or with the auction of the lease, as prescribed by rule 22, or with both, and may lease any site with or without any building thereon by
private agreement, at such rate of rent, and on payment of such premium, as the Secretary of the administrative Division may approve in each case:
Provided that the concurrence of the Collector and the approval by the Officer Commanding the Station shall be obtained before application is made for the
approval of the Secretary of the administrative Division.
NOTES
(i) Application of Rule 26.
(a) Leases under these rules are normally to be granted in accordance with the provisions of rules 16 to 25. The provisions of rule 26 should be interpreted as
applying-primarily to the grant of a new site, and the only exceptional reasons which would normally justify the grant of a lease of a new site under this rule
would be "reasons of a public nature:"
(b) "Reasons of a public nature" justifying the disposal of a site under this rule are to be strictly construed before any recommendation for the grant of a lease. by
private treaty is made. The services and deserts of an applicant are not to be considered as a ground for making a recommendation and no grant of a lease under
this rule may be made without the specific sanction of the Federal Government or such other authority as the Federal Government may appoint for the purpose,
The fact that a man owned the adjoining site and wished to extend his business would, by itself, be no reason for dispensing with the ordinary procedure of
auction, though the fact that the business was essential to the welfare of the troops might be a reason, The criterion in doubtful cases must be whether the area
applied for could, or could not, be reasonably and profitably disposed of to anyone except the applicant.
(c) There may be institutions in which the Government are directly interested or which they wish to support, such as the Imperial Bank of India or a Company
which intends to supply depots in various Cantonments and whose activities are of direct interest to the troops. Applications for leases of land for such
institutions should be dealt with under this rule, though the full market rent of the land may be reasonably demanded.
(d) The general provisions of this rule apply equally to the grant of leases of site on which buildings have already been erected under an "old grant", and which
become available for disposal by resumption or otherwise. The provisions of rules, 16 to 25 should normally be followed in such circumstance and this rule
should only be applied in special circumstances such as those described in the above notes or in note (vii).
(e) In certain circumstances, viz., extension of existing sites, regularisation of existing sites, regularisation of encroachments and subdivision of sites, the
procedure indicated in this rule may be followed subject to what is stated in the following notes.
(f) Applications submitted to the Federal Government or to the appointed authority under this rule are to be accompanied by a statement of the full market rent
of the site and the special circumstances which will decide the reasonability of the application. Except where the application relates to a site which has been
entrusted to the management of the board, (see clause (e) to rule 47) it is the intention that the concurrence of the Collector shall be obtained in order to ensure
that its disposal is not for any reason prejudicial to the public interest [36244/2/AD, dated 5th June, 1928; 1448-LC/AD4, dated 24th July, 1930].
(g) Where an application for the lease of a site under this rule relates to land which adjoins railway land or which lies near a railway line, similar action should
be taken as indicated in note (ii) to rule 21.
(ii) Delegation of Powers to Sanction a Lease by Private Treaty for tile Extension of an Existing Site.
In Defence Department letter No. 400-RlD.4, dated the 6th June, 1939, the Central Government has appointed the Officers Commanding-in-Chief, Northern,
Eastern and Southern Commands and the Commander, Western (Independent) District, (in this connection see note (ii) to rule 2.) as the "other authority" under
this rule for the purpose of sanctioning the grant of a lease for the extension of an existing site subject to the following provisos:-
(a) A lease by private treaty for the extension of an existing site may be granted only where the land applied for, taken by itself or with other vacant land, is not
capable of use as a separate building site, or where its occupation by a person other than the holder of the original site would embarrass the latter while serving
no useful purpose to the former.
(b) A lease by private treaty for the extension of an existing site outside an area which has been declared by the Central Government by notification under
section 43A of the Cantonments Act to be a bazaar area, i.e., outside the areas specified in note (iii) to rule 2, shall not be granted unless the leasing of the site is
considered necessary to provide for military purposes including the amenities of the garrison.
(c) A lease granted for the extension of an existing site must be in the form prescribed in Schedule VIII of these rules. If it is considered necessary that a lease in
one of the other forms should be granted, the sanction of the Central Government must be obtained in accordance with rule 31.
(d) A suitable rent and premium should be charged in all cases, and where the original site is not itself held on lease or is held on an old Cantonment Code lease;
the opportunity should always be taken to induce the applicant to execute a lease or a new lease, as the case may be, for the whole site including the extension.
No increase of rent in respect of the original site need be imposed in such cases but where the applicant refuses to execute a lease or a new lease for the whole
site in the above manner, the advisability of refusing to grant a lease for the extension should always be carefully considered.
(e) In some case the applicant may refuse to execute a new lease for his old site except on certain special terms which involve an alteration in the prescribed
lease form.
Such cases should be submitted for orders to the Government of India who will always be prepared in particular cases to modify the terms of the prescribed
lease form to any reasonable extent so as to ensure that its terms are not less favourable to the applicant than those on which he originally held the land.
Where the application for the extension of an existing site is sanctioned on the execution of a new lease for the whole site i.e. the original site plus the extension,
and the original site is already held on lease, a deed of surrender of the lease of the original site must be executed in the form prescribed in note (iv).
(iii) Delegation of power to sanction the surrender of a lease for the original site where a lease for the extension of a site is sanctioned.
In Defence Department letter No. I 372-L.C'/D.4, dated the 16th May 1940, the Government of India has authorised the Officers Commanding-in-Chief,
Commands and the Commanders, Western (Independent) District, (see note (ii) to rule 2), to sanction the surrender of the lease of the original site in every case
where a lease for the extension of the site is sarictioned by them and a new lease is to be executed for the whole site, viz. the original site already held on lease
plus the extension applied for.
Where an existing lease is surrendered care should be taken to see:-
(a) that the rent under the old lease is realised up to date.
(b) that the lessee is still entitled to the benefits of the existing lease and that he has not transferred or otherwise dealt with his rights in the land.
(c) that the existing lease is duly surrendered in the prescribed form.
(d) that all interested in the existing lease join in the surrender, and
(e) that the surrender is duly registered.
(iv) Form of surrender of a lease.
The following form of surrender is to be used in cases of the determination by mutual agreement of a lease for the original site where a new lease is to be
granted for the whole site, i.e. the original site plus the extension:-
"This surrender is made the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . . one thousand nine hundred and . . . . . . . . .
between . . . . . . . . . . . . . . . . . . . . (hereinafter called the Lessee) of the one part, and . . . . . . . . . . . . . . . . . . . . (hereinafter called the Reversioner) of the other
part.
WHEREAS this surrender is intended to be supplemented to a lease dated . . . . . . . . . . . . . . . . . . . . and made between . . . . . . . . . . of the one part and . . . . . . . .
. . . . . . . . . . . . of the other part, registered as No. . . . . . . . . . . on . . . . . . . . . . . . . . . . . AND WHEREAS the hereditaments comprised in the said lease are now
absolutely vested in the lessee free from encumbrances for all the residue of the term of years granted by the said lease, AND WHEREAS the reversion
immediately expectant on the said term of years is now vested in the Reversioner, AND WHEREAS the Lessee has agreed to surrender the said lease to the
Reversioner in consideration of the Reversioner agreeing to grant the Lessee a new lease of the land comprised therein the form prescribed by Schedule of the
Cantonment Land Administration Rules, 1937.
NOW THIS DEED WITNESSETH as follows
In pursuance of the said agreement and in consideration of the premises the lessee hereby conveys and surrenders to the Reversioner ALL AND SINGULAR the
hereditaments demised by the said lease to the intent that the term of years granted by the said lease may merge and be extinguished in the reversion expectant
thereon and the Lessee covenants with the Lessor that he has good right to make this surrender in manner aforesaid and that he will indemnify the Reversioner
against all claims and demands that may arise on account of a new lease being granted as aforesaid.
In witness thereof the parties have hereunto set their hands the day and year above
written.
Signed by
In the presence of
Signed by
In the presence of
[2678-LC/AD4, dated 10th August, 1933]
For form of SURRENDER OF LEASE for use in cases of determination by mutual agreement where no new lease is to be executed, see note (v) to rule 28.
(v) Delegation 0/ Po HIers to Sanction tile Subdivision of sites.
(a) Subdivision means the partition of a holding into two or more parts by physical delineation of such parts, or by erecting additional buildings capable of being
used independently for residential or other purposes, or the transfer of interest in any portion of a holding by sale, mortgage, gift or exchange.
(b) In the late Army Department letter No. 34326/3/A.D., dated the 9th June 1927, the Government of India has authorised Officers Commanding-in-Chief,
Commands (see note (ii) to rule 2) to sanction the subdivision of sites at the request of the occupant provided that a fresh lease is executed in each case for the
subdivided portion and a suitable rent is paid for it.
No subdivision without the execution of a lease for the subdivided portion is to be permitted without the sanction of the Government of India.
[34326/3/AD, dated the 9th June, 1927]
(c) If the applicant refuses to execute a lease for the subdivided portion of the site except on certain special terms which involve an alteration of the prescribed
lease form, the case should be submitted for the orders of the Government of India with such recommendations as may appear reasonable.
(d) Full economic rent need not invariable be charged when a site is subdivided. The rate is left to the discretion of the Officer Commanding-in-Chief, the
Command, and should be fixed with due regard to the interests of Government and the particular circumstances of each case. The criterion would generally be
the purpose for which it is proposed to utilise the subdivided portion. If the object is one from which the holder will derive profit, the full economic rent should
ordinarily be charged; otherwise the rent may be reduced to whatever figure appears reasonable.
(e) When a site held on a lease is subdivided, the original lease should be surrendered and new leases granted for both portions. The form of surrender to be
executed in such cases is that given in note (iv) ante.
[714/AD4, dated the 21st February, 1930)
(f) Where the site was originally granted under the Rules, Regulations and Orders in force from time to time for the construction of a residence for a military
officer, and the holder wishes to construct an additional residence, or a shop on an outlying portion of the site, he can only do so with the permission of the
representatives of the grantors and such permission can be made subject to any conditions that the grantors choose to impose. They can insist, if they so desire,
that the site be treated as subdivided and that the grantee should execute a lease for the portion on which the new building is to be erected.
[523-RlAD, dated the 13th August, 1930]
(g) The subdivision of a site held on a lease in Schedule VI of the Cantonment Land . Administration Rules, 1925, or on a lease in Schedule VIII of the
Cantonment Land Administration Rules, 1937, will be governed by the terms of the lease on which it is held.
(vi) Delegation of Power to Sanction tile Surrender of an Existing Lease when Subdivision of a site is Sanctioned and a new Lease is to be Executed.
In Defence Department letter No. 909-LlD.4, dated the 5th March 1942, the Central Government has appointed the Officers Commanding-in-Chief, Commands
and the Commander, Western (Independent) District, (see note (ii) to rule 2), as the "other authority" under this rule for the purpose of the grant by private treaty
of leases in Schedule VIII to the lessees of sites in cantonment whose leases expire, provided that on the expiry of the leases the sites are not required for
military purposes.
Leases will be subject to the following conditions:-
(a) The normal premium for the site, fixed in accordance with rule 19 of these rules shall be charged in addition to the full market value of the buildings (as
assessed by the Military Engineer Services) by way of "premium" and not as the "sale price" of the buildings.
(b) Full market rent in accordance with the standard table of rents shall be payable annually in advance.
(c) The lessee shall maintain the buildings in good and substantial repair to the satisfaction of the Military Estates Officer, Cantonment Board.
(d) The lease shall be executed in Schedule VIII of the rules suitably amended having regard to the fact that the site is already built upon and the buildings are to
be included in the lease.
If the above terms are not acceptable to the existing lessees, the leases should be disposed of by public auction in accordance with the rules.
[909/LD4, dated the 5th March, 1942]
(viii) Delegation of Powers to Sanction a Lease by Private Treaty for tile Regularisation of all Existing site.
In Defence Department letter No. 400-RlD4, dated the 6th June, 1939, the Central Government has appointed the Officers Commanding-in-Chief, Northern,
Eastern and Southern Commands and the Commander Western (Independent) District, (see note (II) to rule 2), as the "other authority" under this rule for the
purpose of sanctioning, the grant of a lease for the regularisation of an irregular holding which was in existence prior to the introduction of the Cantonment Land
Administration Rules, '1925, The lease should be executed in the form prescribed in Schedule VIII and a suitable rent should be reserved under the lease with
due regard to the conditions on which the site was previously held, In special cases the levy of a premium may be waived.
The specific sanction of the Central Government is required whenever it is proposed to grant a lease in a schedule other than Schedule VIII or Schedule IX.
(ix) Regularisation of Encroachments.
(a) An encroachment is an unauthorised occupation of Government land and should not be permitted to remain in existence under any circumstances unless it is
properly regularised.
(b) The power that has been delegated to, Officers Commanding-in-Chief Commands under this rule to sanction the grant of a lease by private treaty for the
extension of an existing site (see note (II), includes the power to sanction a lease for the regularisation of an encroachment that fulfils similar conditions, viz.,
provided that there is no objection to the occupation of the land encroached upon and that such land, taken by itself or with other vacant land, is not capable of
use as a separate building site, or that its use and occupation by a person other than the owner of the original site would embarrass the latter while serving no
useful purpose to the former.
(c) The power delegated to the Officers Commanding-in-Chief, Commands and the Commander, Western (Independent) District, to sanction a lease for the
regularisation of an existing site, as specified in note (viii), does not apply to the regularisation of an encroachment which does not fulfil the conditions stated in
clause (b) above, and if any such encroachment cannot easily be removed, orders concerning it should be obtained from the Federal Government.
(d) Sanction should not ordinarily be given to the regularisation of an encroachment made by extending an existing site unless the owner of the existing original
site is prepared to execute a lease for both the original site and the encroachment where the original site is held on "old grant" terms or on a Cantonment Code
lease, or a lease for the encroachment only where the original site is held on a lease under the Cantonment Land Administration Rules, 1925 or 1937.
(e) A lease will be executed in the form prescribed in Schedule VIII or Schedule IX unless the sanction of the Federal Government has been obtained to any
other form of lease.
(f) Where the original site is held on a Cantonment Code lease, and a new lease for the whole site, the original site plus the encroachment, is to be executed
under the Cantonment Land Administration Rules, the Cantonment Code lease must first be surrendered. The power given to Officers Commanding-in-Chief,
Commands and the Commander, Western (Independent) District to sanction the surrender of a lease applies equally to the surrender of a lease where a new lease
is to be executed to regularise an encroachment. The form of surrender shall be executed in the form prescribed in note (ii) and the surrender is to be registered.
(g) Where the original site is held on a lease in one of the forms prescribed in the Cantonment Land Administration Rules, 1925 or 1937, the period of the lease
for the encroachment is to synchronise with the unexpired period of the lease for the original site.
(x) Execution of a Lease under the Cantonment Land Administration Rules in Lieu of a Lease Held under the Cantonment Code, 1899 or 1912.
The Federal Government would be prepared to consider favourably any proposal to execute a lease under the Cantonment Land Administration Rules in lieu of a
lease held under the Cantonment Code on the understanding that the lessee was willing to give sufficient pecuniary consideration for the cancellation of the
condition of resumption included in the lease under the Cantonment Code. In such cases the Federal Government would grant a lease by private treaty under this
rule but otherwise would expect the conditions of the new lease to be framed on a commercial basis [31997/1/AD, dated 41 May, 1926].
(xi) Special cases in which Leases by Private Treaty may be granted Under Rule 26.
In the following cases leases may be granted by private treaty under this rule, subject to the remarks below:-
Clubs.- Where a club does not fall within the definition of a "Military Recreation Ground" (see note (i) to rule 5), an application for the grant of a site for a club
may be dealt with under this rule, and although the rent need not, in all cases, be assessed on the full market value, it is only reasonable that those who benefit by
the reservation of the land against building should pay something more than a mere nominal rent for the privilege.
Applications for the lease by private treaty of land in cantonments on favourable terms to clubs are to be submitted to the Federal Government accompanied by a
statement - of the full market rent of the land together with an explanation of any special circumstances, such as the financial position of the club, that would
enable the Federal Government to decide whether the application is reasonable [36244/2/AD, dated Slh June, 1928].
The regularisation of the tenure of a club held prior to the introduction of the Cantonment Land Administration Rules, 1925, does not require the sanction of the
Federal Government and may be sanctioned by the Officer Commanding-in-Chief, the Commands, (see note (viii) ante.).
Where Clubs are not registered under the Companies Act, short-term leases must be granted for five years, in the name of, say, six members of the Committee;
these members would all be personally responsible, but could, if desired, be indemnified against loss by the members of the club as a whole. At the end of five
years, the lease may be renewed in the name of six of the
then most permanent members of the Committee. The advantage of registration under the Companies Act should be impressed upon all clubs that wish to take
out a lease [34252/11AD, dated 13th May, 1927].
Petrol Firms.- Large petrol firms, who normally place their installations outside cantonments, may be given facilities for putting their bulk installations within
Cantonment areas under this rule.
Applications from intending firms should be favourably considered by the local military authorities and forwarded with their recommendations and the remarks
of the Officer, Commanding-in-Chief, the Command, to General Headquarters for the sanction of the Federal Government. As a quid pro quo for the grant of the
lease on cheap rates and the protection ensured by being in cantonments, firms should be induced to agree to hand over to the Army on mobilisation or in time of
emergency, their petrol equipment, viz. (1) 1000 gallon tanks and kerbside pumps and (2) 400 gallon petrol tank lorries.
For the form of lease to be executed for petrol installations and petrol pumps, see note (v) to rule 41 [34875/lIAD, dated 15th October, 1927; 712/AD4, dated
211t March, 1929; 23756/1/Q6, dated 4th March, 1932].
Station and Regimental Dairies.- Dairy buildings required by regimental contractors must be erected on Class "B" land, and if no such land is available
sufficiently near the lines and a suitable piece of Class "A" land can be spared for the purpose, the sanction of the Federal Government should be obtained to its
transfer under rule 7. The land may then be leased by private treaty under this rule by the Officer, Commanding-in-Chief, the Command to the Dairy Contractor
recommended by the regimental authorities concerned.
The lease should be for a limited period not exceeding ten years and the full market rent and a reasonable premium should be charged. In the case of British
units, if at the end of the period of ten years the Military Farms Department are not in a position to build a dairy, an extension of the lease for five years may be
given. In the case of Indian units, the original least may be for ten years renewable at the option of the lessee in five year periods up to a total of twenty five
years.
For special conditions to be inserted in evez lease granted for a Station or Regimental dairy, see note (iv) to rule 41 [4032-LCID4, dated 271 November, 1936].
Leases to Land for Religious Purposes.- Where leases of land for religious purposes are sanctioned by the Federal Government under this rule, the lease shall
be executed in one or other of the forms prescribed in Clauses (a) and (b) of note (iv) to rule 31.
Military Cinemas for British Troops
.- The circumstances under which leases of land in cantonments may be granted by private treaty for the erection of a
military cinema for British troops and the form of lease to be executed in such cases are shown in note (vi) to rule 41.
27 (DELETED)
28 (EXECUTION OF LEASES)
(1)
As soon as the auction has been duly confirmed, the successful applicant shall be required to execute a lease for the site in the form prescribed in Schedule VIII.
(2)
The lease shall be executed on behalf of the President of Pakistan by the Officer empowered in this behalf by the Federal Government and a duplicate of the
lease shall be retained in the office of the Military Estates Officer.
(3)
The duplicate lease shall be preserved in an envelope in the form prescribed in Schedule XVI.
NOTES
(i) Persons authorised to Execute Leases and Contracts.
The following officers are empowered to execute leases and other documents relating to land and buildings vide the undermentioned extracts from Legislative
Department's Notification F. 21S/42-C. & 9. (Judicial), dated 16th July, 1943.
II. In the case of the Defence Department.
A. Contracts and Instruments Relating to Cantonments.
1. Leases and surrender deeds-
(a) of land in cantonment belonging to Government the executive management of which has not been entrusted
to the Cantonment Board under the Cantonment Land Administration Rules, 1937.
}
By the Military Estate
Officer
(b) of land in cantonments belonging to Government the executive management of which has been entrusted to
the Cantonment Board under the Cantonment Land Administration Rules, 1937.
}
By the Military Estate
Officer
2. Leases of houses appropriated by Government under the provisions of the Cantonments (House
Accommodation) Act, 1923.
}
By the Officer
Commanding the
Station
3. All documents relating to proprietary rights of Government in land in Cantonments.
}
By the Military Estate
Officer
B. Agreements Relating to the Purchase or Sale of Immovable Property (Land and Buildings).
Agreements for the purchase or sale of immovable property (land and buildings) on behalf of military or air
force authorities.
}
By the Military Estate
Officer
C. Contracts and Instruments relating to Property Outside Cantonments but under the Management of the Military Estates Officer.
1. Leases and surrender deeds relating to lands, buildings or other immovable property belonging to
Government outside cantonments which have been entrusted to the management of the Military Estates Officer,
provided that the rent reserved shall not exceed Rs. 5000/- a month.
}
By the Military
Estates Officer in
Charge of such
property.
2. (a) Licenses for a period not exceeding one year.
(b) Other contracts with the execution of sale deeds.
}
By the Military
Estates Officer in
Charge of such
property.
(ii) Instructions for the Preparation and Execution of Leases.
The following instructions are to be followed in the preparation and execution of leases:-
(a) The appropriate form of lease must be adopted and all blanks in the form duly filled in.
(b) Where the lease form contains alternative words, the words which are not applicable must be struck out and duly initialled by all the parties executing the
lease.
(c) Any alterations in the form of the lease which have been sanctioned under rule 41 must be duly initialled by all the parties.
(d) The name and address of the lessee, or of each of the lessees where there is more than one, should be correctly and fully entered, both at the commencement
of the lease and in the attestation clauses.
(e) If the lease is executed by a Limited Company registered under the Companies Act or by a registered Society, the fact that the Company or Society is so
registered and the place where the office of the Company or Society is situate should be added after the full name of the Company or Society at the
commencement of the lease, and the seal of the Company or Society must be affixed at the end of the lease and attested by the necessary signatories in
accordance with the formalities laid down by the Articles of Association of the Company or by the Rules of the Society, a copy of which should be inspected so
as to ensure that such formalities have been duly complied with.
In the case of unregistered companies and firms, the full names and addresses of all the partners must be inserted, both at the commencement of the lease and in
the attestation clauses, and after the names of the partners at the commencement of the lease the title under which they carry on business should be added after
inserting the words "carrying on business in the name of ..................". Similarly in the cases of leases to voluntary institutions, such as schools and institutes, the
names of all the Trustees or of all the Members of the Committee or other governing body of the Institution should be inserted in the lease; and the lease must be
executed by all such parties.
In the case of unregistered clubs, the lease should be in the names of five or six members of the Committee, (see note (v) to rule26).
(f) The schedule must be carefully filled in so as to ensure that the property is properly and fully described with such particulars as may be necessary as to its
area and boundaries. This schedule is the most material part of the lease and must always precede the signature of the parties.
(g) The plan of the property, which should be prepared on tracing cloth at the cost of the lessee or lessees and which should be carefully checked, should be
sewn or otherwise securely attached to the lease and should be signed by all the parties. It should be borne in mind that no copy of a site plan, however certified
or authenticated it may be, is of itself evidence of any value against anyone. The site plan only becomes of legal value when it forms part of a lease of a site
[21945/4-AD, dated 27th October, 1935].
(h) Every lessee must sign the lease in the presence of two witnesses, who must themselves sign the attestation clause and add their addresses and descriptions.
Where two or more lessees sign the lease before the same witnesses, one attestation clause will be sufficient.
(i) Where it is proposed that any of the parties should execute the lease under a power of attorney, care must be taken to see that the power contains authority to
execute such lease and that it has been duly executed and stamped.
(j) No lease after being signed on behalf of the President should, under any circumstances, be handed over until the duplicate lease has been duly executed and
the lease has been duly registered and all particulars of registration entered on the duplicate copy.
(k) Whenever any particular lease presents any doubtful or difficult points, the local legal adviser to Government should be consulted.
(iii) Disposal of Government buildings and leasing their sites.
In cases in which Government buildings are to be disposed of and their sites leased, the usual way of carrying out such transactions is that a lease only should be
granted both for the land and the buildings, and the sale Proceeds of the latter recovered in the shape of a premium. The advantages of this course are:-
(i) that Government obtains possession of the buildings on the expiry or sooner determination of the lease in the same manner as in the case of buildings erected
by the lessee. This would not be possible if the buildings were sold outright, in which case there is nothing to prevent the purchasers from demolishing them and
leaving the' site vacant.
(ii) Government can keep better control over the buildings by demanding Covenants that the lessee shall keep them in proper repair, and thus ensure that they are
not allowed to go into rack and ruin.
(iii) there is more security for the rent in case the Government have to re-enter or enforce payment of it [23LJAD4, dated 12th January, 1935].
(iv) Stamping and registration of leases.
(a) For the stamp duties payable on different kinds of leases, see Stamp Act, 1899 (II of 1899), section 3 read with Schedule I, item 35 and section 29(c) and (d)
and section 3, proviso (1).
(b) The lessee pays the stamp duty and registration fees on an original lease. The lessor pays the stamp duty and registration fees on the counterpart of the lease.
When Government are the lessors, they are exempted from the payment of stamp duty on the counterpart but they are not exempted as regards the registration
fees (lORlAD4, dated 11th January, 1932).
(c) Although a valid lease can be granted by Government without registration, all leases under these rules should, as a rule, be registered. If a lessee refuses to
have his lease registered, the document can be presented for registration by the lessor. Notice will then be served on the lessee and if the lessee still refuses, the
Registrar will register the lease in the lessee's absence [413R1AD4, dated 26th June, 1930; 1941 LC/AD4, dated 6th August, 1930].
(d) If a Provincial Government issues a notification exempting leases of the description given in the proviso to Section 17(1)(d) of the Registration Act, 1908
(Act XVI of 1908), leases of that description need not be registered within the jurisdiction of that Provincial Government. Such notification will not affect
lessees in another Province, and if the Government of that Province has not issued a notification on the same lines, leases required to be registered by section 17
should continue to be registered [181R1AD4, dated 25th April, 1930].
(v) Surrender of a Lease.
(i) The form of surrender which is to be used in the case of the determination by mutual agreement of a lease of a site where a new lease is to be executed for the
site and other land in extension of it is given in note (ii) to rule 26.
(ii) The following form of surrender is to be used in the case of the determination by mutual agreement of a lease granted under the Cantonment Land
Administration Rules, where no new lease is to be executed for the site:-
Form of Surrender.
This indenture made the ________________________ day of ____________________one thousand nine hundred and ______________________ between
_____________________________ inhabitant of __________________________________________hereinafter called the Lessee (which expression shall be
deemed to include his heirs, executors, administrators, survivors, representatives and assignees) of the one part and the President hereinafter called the Lessor
(which expression shall be deemed to include his successors in office and assigns) of the other part. WHEREAS the Lessor granted to the Lessee a lease of the
land mentioned in the Schedule hereto by an Indenture of Lease dated the _____________ day of _____________ 19 _______________ and WHEREAS the
land comprised in and demised by the said Indenture of Lease is now vested in the Lessee for the residue now unexpired of the period thereby created subject to
the terms, conditions and covenants contained therein and WHEREAS the terms, conditions and covenants reserved by and contained in the hereinbefore recited
Indenture of Lease and on the part of the said Lease to be observed and performed have been duly observed and performed by the said Lessee up to the date of
these Presents and
WHEREAS
the immediate reversion in the said land on the determination of the said term is vested in the Lessor free from encumbrances of
whatsoever nature and WHEREAS the lessee has agreed with the lessor to SURRENDER
to him the said land by relinquishing all the right, title and interest,
which the lessee has in respect of the same under the Lease hereinbefore recited and WHEREAS
the lessor has agreed to accept the said
SURRENDER
accordingly now THIS INDENTURE WITNESSETH
that in pursuance of the aforesaid agreement the lessee hereby
SURRENDERS and yields up to the
lessor without any consideration the land mentioned in the Schedule hereto and demised by the lease hereinbefore recited together with all the estate right, title,
interest and claim or demand whatsoever of the lessee into out of or upon the same to the INTENT that the residue now unexpired of the term created by the
said lease and all the estate right, title and interest of the lessee in the said land under or by virtue of the said Lease may be absolutely merged and for ever
extinguished from the date hereof in the reversion immediately expectant therefrom and that the lessee hereby covenants with the lessor that the lessee will for
ever keep the lessor well and sufficiently indemnified of from or against all claims and demands in respect of the said lease.
The Schedule above referred to-
All that piece and parcel of land situate at recorded in the General Land Register of the cantonment as (part of) Survey Number and bounded-
on the North by
on the South by
on the East by
on the West by
In
WITNESS WHEREOF
the parties have hereunto set their hands the day and year first hereinabove written.
SIGNED BY
in the presence of
1.
2.
SIGNED BY
in the presence of
1.
2.
[2040-LCID4, dated 16th June, 1939]
(iii) All surrenders should be registered. Under the provisions of section 17(b) of the Registration Act, 1908, surrender which extinguishes a right title or interest
in immovable property of the value of Rs. 100/- or upwards has to be registered, while under section 18 documents can be registered, even though their
registration is not compulsory under section 17. The lessee should pay the stamp duty and the surrender fees.
[824-LC/AD4, dated 21st March, 1935].
(vi) Extension of the period of building prescribed in a lease.
Leases under these rules do not contain any provision for extending the period in which buildings are to be completed, they contain penal clauses empowering
the Federal Government, notwithstanding waiver, to re-enter in the event of a breach of any of the conditions by the lessee. If it is not desired to take action
under the powers of re-entry where there has been a breach of condition (5), viz., where the building has not been completed within the prescribed period, the
Military Estates Officer should abstain from exercising the rights under this clause.
[428/AD4, dated 20th February, 1929].
(vii) Determination of leases under the Cantonment Land Administration Rules.
(i) Where there is no provision for resumption of a site held on a lease, it can only be acquired, if required for a public purpose, under the provisions of the Land
Acquisition Act.
(ii) In view of the provisions of sections 114 and 114-A of the Transfer of Property Act, 1882, 15 days notice for the payment of rent and 6 months notice for the
completion of buildings should be given to a lessee before action is taken to determine a lease for a breach of the conditions regarding repayment of rent or
completion of buildings. The lessee should be informed at the same time that the lease will be determined if he fails to pay the rent or complete the buildings in
the time allowed. No action is to be taken in the matter of exercising a power of reentry under a lease without obtaining the orders of the Federal Government
[578-RJAD4, dated 4th September, 1930].
(viii) Form of Agreement to be executed when rents of sites held on leases in Cantonments are enhanced.
The following form of agreement is to be executed when rents of sites held the lease are enhanced in cases where the lessee prohibits addition, alteration to
buildings erected thereunder without the permission of the lessor, permission is granted subject to enhancement of rent [5614/D4, dated 4th June, 1941].
THIS INDENTURE is made the _____________________ day of 19 ____________________________ between the President (thereinafter called "the lessor"
which expression where the context so admits shall include his successors and assigns) of the one part and of (hereinafter called "the Lessee" which expression
shall where the context so admits shall include his (her) heirs, personal representatives/its successors and permitted assigns) of the other part and is supplemental
to a lease made the day of __________ between the Secretary of State for India in Council of the one part and _________________________________ of the
other part and registered as ___________________ of land known as _______________________________________ and more particularly described in the
said Lease
WHEREAS
the Lessee is now entitled to the benefit of the term granted by the said lease and still subsisting and the Lessor to the reversion
expectant thereon AND WHEREAS in accordance with the terms of the said lease a ______________________________ has been erected on the said land
cannot be added to or altered without the permission of the Lessor AND WHEREAS the Lessee being desirous of altering/adding to the said building has
applied to the lessor for permission to do so and the lessor has agreed to give such permission if the lessee agrees to pay as from the _______________day of
_____________ 19 __________ a rent of ______________ Rs. _________________ per annum instead of the rent of Rs.___________ reserved by the said
Lease and the lessee has agreed to do so now this Indenture witnesseth that in pursuance of the said agreement and in consideration of the premises it is hereby
agreed between the parties hereto as follows:-
(1) The lessor hereby give the lessee permission (vide clause __ of the said lease) to make the alteration/addition to the said building as specified in the Schedule
hereto.
(2) As from the ________day of _____________19 _______ the rent payable under the said lease shall be at the rate of Rs. per annum and the said lease shall be
varied accordingly and be construed as if it had originally provided for this rent to be paid.
(3) Except as hereby varied the said Lease shall have full force and effect.
(4) This document shall be registered forthwith and the lessee will pay the charges in connection therewith.
IN WITNESS
whereof the parties thereto have set their hands the day and year first before written.
SIGNED BY
on behalf of the President in the presence of }
SIGNED by the said in the presence of }
The Schedule referred to.
________________________________________
(Alterations or additions permitted vide clause (1) hereof).
_______________________________________
(ix) Competent authority to sanction the sale etc. of the property standing on land leased in the form in schedule VI of the C.L.A.R. 1925.
The question has been raised whether the Cantonment Board or the M. E. O. is the competent authority to sanction assignments, transfers and subleases of sites
held on lease in Schedule VI Cantonment Land Administration Rules, 1925, under Covenant I(8) thereof, where the lease has been executed by the Executive
Officer when the land was under the management of
the Board and Covenant l(S) provides for the consent in writing of the Cantonment Authority, and where the management of the land has subsequently been
transferred to the Military Estates Officer. The Government are advised that in respect of lands entrusted to the management of the Military Estates Officer under
Defence Department letter No. 514-R.ID. 4, dated the 16th August, 1937, the Military Estates Officer is the competent authority and not the Cantonment Board.
The function of the Cantonment Authority in the lease was merely that of an agent for the Secretary of State for India in Council and the effect of that letter was
to deprive the Cantonment Board of this function [121171D4, dated 8th January, 1942].
(x) Transfer of properties on sites held on leases in schedule VIII of the C. L. A. Rules, 1937- Interpretation of condition I(8) of the lease.
Reference your letter No. E-S209-LCI, dated the 9th August, 1944. The only obligation imposed on the lessee by condition I(8) is that every transfer of the
premises should be reported to the Military Estates Officer or the Cantonment Board as the case may be. He is not required to obtain the sanction of any
authority to such a transfer. On the assumption that the lessee is paying the full market rental of the land, or if he is not, the payment of such lesser amount is due
to certain special circumstances that have been duly considered in granting the lease, it is not open to Government to question his right to transfer his leasehold
interests even if it involves a subdivision of the site.
2. The assumption made in paragraph 2 of your letter under reply, viz., that if the buildings erected on any part of the site do not contravene the terms of the
lease, no action can be taken is correct [18/131/L/C & L/44, dated 21st August, 1944].
29 (GRANT'S REGISTER (BUILDING SITES))
(1)
The application under rule 17 shall, when all the entries therein have been completed, be filed in a loose leaf register maintained by the Military Estates Officer
for the purpose.
(2)
The whole volume shall be bound when it has reached a suitable size and a fresh registrar shall be opened.
(3)
This register shall be known as the Military Estates Officers Grants Register (Building Sites).
NOTES
The Grants Register (Building Sites) together with the duplicates of the leases themselves will form the main record of the transaction and must be carefully
preserved.
The Register should be found particularly useful as time goes on, as it will contain information about applications refused as well as those accepted, and it
should, therefore, always be consulted when new applications are received.
Suitable kinds of loose leaf register, consisting of stout covers and an arrangement by which papers can be securely filed therein and anyone paper can be
removed without disturbing the others, can be obtained from any recognised firm of stationers. The application forms will in the first instance be filed in
chronological order in which they are disposed of, but when the time comes finally to bind up the whole Register it will always be possible, and may be found
more convenient for purposes of reference to re-arrange them in the order of the number of the holdings to which they relate.
30 (RECORD OF GRANT)
On the conclusion of the proceedings the Military Estates Officer shall make the necessary entries in the Military Estates Officers' Land Revenue Register and in
the General Land Register.
31 (LEASE FOR SPECIAL PERIODS AND ON SPECIAL TERMS)
(1)
A lease for a building site for a period not exceeding thirty years, or ninety years or ninety-nine years or a lease in perpetuity may be granted by the Military
Estates Officers in the forms set out in Schedule VIII, IX, IX-A, IX-B, IX-C, X, X (Modified), XI and XI-A and Forms A, B and C of the Defence Officers
Housing Authority, Karachi, where for special reasons such a course appears to be advantageous to the Federal Government.
(2)
A lease under sub-rule (1) shall be granted after obtaining the rates from the Revenue Authorities and with the previous sanction of the Federal Government.
(3)
The leases in Schedule IX-C shall be granted in respect of sites held on old grant and Cantonment Codes Leases 1899 and 1912 while converting these sites into
leases in Schedule IX-C for residential or commercial purposes.
(4)
The leases, in the form set out in Schedule XI-A, shall be granted in respect of sites held on old grant and Cantonment Codes Leases 1899 and 1912 for hospital,
educational institutions and religious purposes where the sites were being used for such purposes or are proposed to be used as such.
(5)
The leases, in the form set out in Schedule IX-A and IX-B, shall be granted for the sites in Defence Officers Housing Schemes and the sites of Housing
Directorate of Army, Navy and Air Force respectively
(6)
The lease in respect of plots situated on land held by Pakistan Defence Officers Housing Authority, Karachi, shall be granted in Form A, Band C.
(7)
Where change of purpose from residential to commercial is allowed by the Government in case of land other than mentioned in sub-rule (3), the leases shall be
executed in Schedule X (Modified) only.
(8)
(a) The leases in Schedule VI or Schedule VIII of Cantonment Land Administration Rules, 1925, leases in Schedules VIII, IX-A (old) of the Cantonment Land
Administration Rules, 1937 used for leases of sub-divided plots of old grant and Cantonment Leases 1899 and 1912 and Schedule X (Modified) of these rules
may be converted into leases in Schedule IX-A and IX-C on payment of fifty per cent enhancement in the reserved premium and ten per cent in the reserved
rent, by the Director-General, Military Lands and Cantonments Department.
(b) The leases specified in clause (a) shall be executed for the period enjoyed by the leasee' of site held in Schedule VI or Schedule VIII of Cantonment Land
Administration Rules, 1925, IX-A and X (Modified) of Cantonment Land Administration Rules, 1937.
(9)
(a) A lease of a building site in perpetuity may, if the site is needed for definite public or religious purpose and the use of the more favourable form of lease
prescribed in Schedule XI is justifiable, be granted by the Military Estates Officer in the form set out in Schedule XI and in the manner specified in rule 26.
(b) Lease under clause (a) shall be granted after obtaining the rates from the Revenue Authorities and with the previous sanction of the Federal Government.
Original Rule 31:
Subs. by S.R.O. 1401(I)/98, dated 24.12.1998. Original Rule 31 was as under, namely:-
"31. Leases for special periods and on special terms.- (1) A lease for a building site for a period not exceeding 30 years or a lease in perpetuity, may be
granted by the Military Estates Officer in the forms prescribed in Schedules IX and X, where for special reasons such a course appears to be advantageous to the
Central Government:
Provided that no such lease shall be granted without previous consultation with the Collector and the previous sanction of the Central Government:
Provided also that in every other respect the procedure prescribed in rules 16 to 30 shall apply.
(2) A lease of a building site in perpetuity may, if the site is needed for a definite public or religious purpose and the use of the more favourable form of lease
prescribed in Schedule XI is justifiable, be granted by the Military Estates Officer in the form prescribed in Schedule Xl and in the manner prescribed in rule 26:
Provided that no such lease shall be granted without previous consultation with the Collector and the previous sanction of the Central Government.".
32 (AGRICULTURAL LAND. LEASES)
(1)
The method of disposing of agricultural land entrusted to the management of the Military Estates Officer shall be by lease without a premium, and the rent
payable under the lease shall be put to auction.
(2)
The periodfor which a lease is auctioned shall ordinarily be one year, but may, at the discretion of the Military Estates Officer, be extended to a period not
exceeding four years.
(3)
The period for which a lease is auctioned may, if the estimated market value of the site does not exceed Rs.10,000, be extended up to ten years with the
concurrence of the Collector and the approval either of the Officer Commanding-in-Chief, the Command or of such other authority as the Federal Government
may appoint for this purpose.
(4)
An extension of the period for which a lease is to be sanctioned beyond ten years, or beyond four years when the market value of the site exceeds Rs. 10,000
shall require the concurrence of the Collector and the approval of the Federal Government:
Provided that, in any cantonment specified by the Federal Government in this behalf and in each case with their previous sanction or the sanction of such other
authority as they may appoint for this purpose, the period of the lease may exceed four years and the rent payable under a lease the period of which exceeds four
years may be fixed by private treaty with the lessee.
NOTES
For the powers of the Collector, see note (i) to rule 24
33 (AGRICULTURAL LAND. METHOD OF DISPOSAL)
(1)
The Military Estates Officer shall, in ample time before the commencement of the cultivation season, publish a notice in the form prescribed in Schedule XII,
giving particulars of the lands available for disposal, the date on which, the time and place at which and the conditions under which they will be disposed of;
shall also fix a reserve price, which shall not be disclosed to the public for the rent of each separate holding in accordance with the rate prescribed by the
standard table of rents prepared under rule 8 and shall on the date and at the time and place appointed, put the lease of the lands to auction to the highest bidders:
Provided that, in special cases and for special reasons and with the previous sanction of the Officer Commanding-in-Chief, the Command", the Military Estates
Officer may call for tenders for the sale of the lease instead of putting it to auction.
(2)
The result of the auction, or the tenders, shall be reported to the Officer Commanding-in-Chief, the Command I, for his approval, and if the Officer
Commanding-in-Chief, the Command, approves, the sale of the lease shall be deemed to be duly confirmed:
Provided that the lease shall not be sold unless the reserved price has been reached:
Provided further that, in special cases and for special reasons to be recorded in writing, the, Officer Commanding-in-Chief, the Command, may sanction the sale
of a lease for a period not exceeding one year when the reserve price has not been reached:
Provided that the cases where the annual value of an agricultural lease does not exceed Rs. 200.00 (Rupees two hundred only) the lease may be sanctioned by
the Military Estates Officer without reference to higher authority.
NOTES
(i) Auction of Agricultural Lands.
There is no objection to the Executive Officer, as the agent of the Military Estates Officer, actually carrying OUt the auction of agricultural lands subject to
confirmation of the auction by the Military Estates Officer. The date, time, place of auction, conditions and reserve price for the rent in each case is, however, to
be fixed by the Military Estates Officer [605-RlD4, dated 10th June, 1939].
(ii) Acceptance of a bid lower than the highest bid.
Discretionary powers cannot be vested in the Officer Commanding-in-Chief, the Command, to accept a lower bid than the highest in auctioning leases of
agricultural lands as such would be opposed to the spirit of this rule. The Military Estates Officer and his agent, the Executive Officer, should know the value of
the land he is auctioning. He has power to accept a bid and close the auction at any stage, provided the reserve price has been reached, if he knows that the
bidding is going too high [34064/11AD, dated 14th April, 1927].
(iii) Prevention of the Acquisition of Prescriptive rights.
Care must be taken that individuals do not acquire prescriptive rights in land by being allowed to take the same fields year after year, this can be done by
adhering to short term leases, disposal by auction and a strict enforcement of the clause in the lease which prohibits the erection of anything in the nature of
permanent buildings on the land.
(iv) Sale of agricultural lease by tender.
Leases of agricultural land must ordinarily be auctioned, tenders should only be called for it is known that a ring is formed to keep down the bidding at an
auction.
The leasing of a plot of agricultural land by private treaty other than in cantonments specifically specified by the Federal Government under the proviso to rule
32 and without the previous sanction of the Federal Government in each case would be a contravention of these rules [36S-RlAD, dated 12th September, 1933].
(v) Recovery of rent of agricultural land.
The provisions of the lease form prescribed in Schedule XIV for the recovery of rents in advance must be strictly adhered to. This is a statutory obligation and
neglect of it results in accumulation of arrears and avoidable loss to the State. Military Estates Officers should bring to the notice of the Deputy Director,
Military Lands and Cantonments all cases of default of payment of rent within a fortnight of such default. The Deputy Director will then decide on the merits of
each case whether the contract should at once be cancelled or the individuals concerned be given a further opportunity to meet his obligations [6755-L/CIL,
dated 7th October, 1942; 177-AlAD4, dated 24th August, 1931].
(vi) Determination of agricultural leasesand suits for ejectment and recovery of rent.
The form prescribed in Schedule XIV contains two clauses empowering Government to resume possession,- one under clause II without any cause being
assigned, and the other under clause IV for non-payment of rent. Compensation for standing crops is payable if the former power is used but not so if the latter
power is utilized. In the latter case, however, the tenant may get relief under section 114 of the Transfer of Property Act. A suit for ejectment will be necessary if
the Lessee refuses to give up possession.
The sanction of the Government must be obtained before a suit is instituted by the Military Estates Officer for the ejectment for non-payment of rent or for the
recovery of arrears of rent. To meet emergent cases there is no objection to suits being instituted without the prior approval of Government when it is necessary
to take immediate action and obtain an injunction. Action in such cases should be taken in consultation with the local Government Pleader and a report of the
action taken submitted to Government.
In the late Army Department letter No. 426-R/ A.DA, dated the 15th June, 1931, the Government has delegated power to Cantonment Boards to sanction the
institution of suits for the recovery of arrears of rent in the case of all agricultural lands under their management and leased by them [840-RlAD4, dated 16th
December, 1930; 591-RlAD4, dated 11th September, 1931; 841-RlAD4, dated 17th December, 1930; 426-RlAD4, dated 15th June, 1931].
34 (RECORD OF AGRICULTURAL LEASES)
(1)
The Military Estates Officer shall maintain a separate register in the form prescribed in Schedule XIII which shall form a continuous record of the disposal of
agricultural lands.
(2)
The Register shall be known as the Military Estates Officers' Grants Register (Agricultural Lands).
(3)
For the purpose of this register agricultural lands shall be divided into blocks of convenient size containing not more than five or six separate holdings; one page
in the register shall be given to each block of land and a plan of the block, traced from the survey map, shall be entered on the opposite page.
35 (EXECUTION OF AGRICULTURAL LEASES)
(1)
Lessees of agricultural land shall execute leases therefor in the form prescribed in Schedule XIV.
(2)
The lease shall be executed on behalf of the Federal Government, by the officer empowered in this behalf by them, and a duplicate of the lease shall be retained
in the office of the Military Estates Officer.
(3)
The duplicate shall be preserved in the envelope in the form prescribed in Schedule XVI.
36 (RECORD OF GRANT OF AGRICULTURAL LAND)
On the conclusion of the proceedings, the Military Estates Officer shall make the necessary entries in the Military Estates Officers' Grants Register (Agricultural
Lands), the Military Estates Officers' Land Revenue Register and the General Land Register:
Provided that it shall not be necessary to enter any lease of agricultural land for a period not exceeding four years in column 1 of the General Land Register.
37 (LEASES FOR MISCELLANEOUS PURPOSES)
(1)
The Military Estates Officer may, with the concurrence of the Officer Commanding the Station, grant a lease of land in class "B" (4), for any purpose not
otherwise covered by these rules:
Provided that the previous sanction of the Secretary of the administrative Division or person authorized by him for this purpose, shall be obtained in each case to
the terms on which the land is offered and to the form of the lease.
(2)
An application for the grant of a site under this rule shall be submitted to the Military Estates Officer in the printed form prescribed in Schedule XV.
(3)
Every application shall specify the situation of the land required and the exact purpose for which it is required and shall be accompanied by a site plan of the
said land prepared at the cost of the applicant.
(4)
If the application is sanctioned, it shall, when all the entries therein have been completed, be filed in a loose leaf register maintained by the Military Estates·
Officer for the purpose, to be known as the Military Estates Officer's Grants Register (Miscellaneous Sites). The duplicate lease shall be preserved in an
envelope in the form prescribed in Schedule XVI.
(5)
If the application is rejected, an entry shall thereupon be made on the application form and the form shall be filed in the manner prescribed in subrule (4).
NOTES
(i) Application of Rule 37.
This rule provides for the leasing of land which cannot accurately be described as either "building" or "agricultural".
It is intended primarily for use in leasing recreation grounds, golf courses and race courses and may also be used for leasing lands for a number of years where
the rules regarding the issue of licences might in other respects be suitable, for instance, for a plot of land which may be required for the storage of wood, or by
potters. etc [7S7-L/D4, dated 9th March, 1938].
(ii) Form of Lease under Rule 37.
No lease form has been prescribed for the grant of a lease of land under this rule. The form prescribed in Schedule XIV should be adapted to meet the
circumstance of each case [757-LIDA, dated 9th March, 1938].
38 (DISPOSAL OF SITE ON LEASE FOR MISCELLANEOUS PURPOSES)
An application for the grant of a site under rule 37 shall be disposed of in accordance with the procedure prescribed in rules 20 to 24, but may, for special
reasons to be recorded in writing by the sanctioning authority, be disposed of in accordance with the procedure prescribed in rule 26.
NOTES
(i) The auction of a lease for miscellaneous purposes must be held by the Military Estates Officer in person [60S-RlD.4, dated 10th June, 1939].
39 (TEMPORARY OCCUPATION OF LAND UNDER LICENCE)
(1)
Notwithstanding the provisions of any of the foregoing rules, but subject to the provisions of rule 14, the Military Estates Officer may grant a licence in the form
prescribed in Schedule XVII for a period not exceeding one year, for the temporary use or occupation of any Class A (2) or B (4) land entrusted to his
management.
(2)
The amount of fees to be charged for such a licence shall be determined by the Military Estates Officer.
(3)
The Military Estates Officer shall maintain a register in the form prescribed in Schedule XVIII, which shall be called the Military Estates Officer's Grants
Register (Temporary Licences), in which the grant of such licences shall be entered, but it shall not be necessary to enter the grant of such licences in any other
register.
NOTES
(i) Licences are not to be granted under this rule for the erection of verandahs or chabutras in bazaars or for the occupation of land for the construction of
anything in the nature of a building; they are to be strictly confined to such objects as the use of land by a travelling circus, temporary storage of timber, building
materials or similar purposes.
Anything in the nature of renewable yearly agreements on stamped papers is absolutely prohibited under the rules.
(ii) Before issuing a temporary licence under this rule for the use or occupation of Class A(2) or Class B land for any purpose, the Military Estates Officer
should consult the Cantonment Board as to whether there is any municipal objection to the use or occupation of the land for the purpose applied for. Military
Estates Officers and Cantonment Boards should make payment in advance one of the conditions of a licence and should take early steps in case of default of
payment [453-2A1D4, dated 10th December, 1937].
(iii) A licence in Schedule XVII will be prepared in triplicate, the original will be given to the applicant; the duplicate will be given to the Military Estates
Officer's representative in the cantonment and will be returned by him to the Military Estates Officer on the expiry of the period for which it has been granted
with a report whether the land has been vacated or not; the triplicate will be retained by the Military Estates Officer and from it an entry will be made in the
Military Estates Officer's Grants Register (Temporary Licences).
(iv) Under rule 39, the licenses to be granted are for fixed periods for the occupation of land, the consideration being fees to be fixed by the Military Estates
Officer. These licences, therefore, come within section 105 of the Transfer of Property Act, and should be stamped as leases [72M/AD4, dated 5th February,
1931].
(v)
Removal of Material from Quarries
. The Military Estates Officer cannot levy royalty on Military Engineer Services Contractors for removal for military
purposes of material from Class B(4) land under his management [300-RlD4, dated 13th April, 1938].
(vi) Construction and Maintenance of Retaining Walls to Support Houses in Hill Cantonments. If a retaining wall is considered to be necessary for a
proposed building, the most satisfactory arrangement would be for a grant of sufficient extra land for the purpose. In such cases an agreement should be
executed in the form given in note (iii)(b) to rule 6 [2971-LCI04,
dated n" August, 1937].
40 (TRANSFER OF RIGHT TO GRANT LICENCES FOR TEMPORARY OCCUPATION OF LAND)
Notwithstanding anything contained in rule 39, the Military Estates Officer may, with the previous sanction of, and subject to such terms as may in each case be
approved by, the Officer Commanding-in-Chief, the Command, enter into an agreement with the Board for the transfer to the Board of the right to dispose of
grazing or of the right to grant licenses in the manner prescribed in rule 39 for specific purposes and in specified areas of the cantonment which are under the
management of the Military Estates Officer.
NOTES
(i) The Military Estates Officer should not himself normally undertake the issue of grazing passes or of temporary licences for picketing cattle and such like
objects. Areas for grazing should normally be demarcated and the grazing rights may be sold to the Cantonment Board on payment of one third of the gross
receipts from such land. The General Officer, Commanding-in-Chief, will, however, have full discretion to vary the payment if and when necessary.
Similarly in the case of picketing animals and similar objects, the rights to grant licences may be transferred to the Cantonment Board by agreement. In cases
where the Military Estates Officer cannot manage the grazing without extra staff or extra expenditure, the rights should be leased to the Board on terms to be
settled by the Officer Commanding-in-Chief, the Command [190-BI04, dated 17th June, 1938].
The Military Estates Officer is not obliged, when entering into an agreement with the Board for the transfer of grazing rights, to transfer the rights on all grazing
areas under his management. He is at liberty to reserve specified areas to be licensed by himself at full rates, for instance for the purpose of mi litary dairy
contractors.
(ii) In agreements made with Cantonment Boards for the. leasing of grazing rights on Crass "B" lands which are under the management of the Military Estates
Officers, provision should be made for the Boards to undertake the sanitary conservation of the land involved.
Where Class "B" lands are not included in grazing agreements and require conservancy establishment to look after them, an agreement should be made with the
Board to undertake the sanitary conservation thereof on payment of the necessary charges, if such a course is more advantageous to Government than the
engagement of separate establishment by the Military
Estates Officer [109-B/D4, dated 30th March, 1938].
(iii) Before a grazing contract is given by the Board or Military Estates Officer, it should be carefully ascertained whether the contractor possesses sufficient
means compatible with the amount involved in the contract, and whether he will be able to fulfil the obligations imposed on him by it [475-A/lID4, dated 3rd
January, 1936].
41 (SPECIAL CONDITIONS IN LEASES)
The Secretary of the administrative Division may in any case sanction alterations in the prescribed form of lease.
NOTES
(i) If the Officer Commanding the Station is of opinion that special conditions should be inserted in a particular lease, his recommendation should be submitted
to the Federal Government through the Military Estates Officer.
(ii) Leases to Army Contractors for Regimental Institutes.
The following conditions are to be inserted in leases for sites on class A(2) land to Army Contractors for regimental institutes.
(a) The lease should be for five years or until the Lessee's contract with the regimental authorities in the station is terminated, whichever is the shorter period or
for five years with a proviso for termination in that event. The Lessee will have the right to remove the buildings within one month of the determination of the
lease unless Government choose to buy them at a valuation
within this period. If Government refuse to buy the buildings and if within the said one month Government execute a fresh lease of the site thereof with another
contractor, the Lessee may transfer the buildings to the new contractor instead of removing them.
(b) If Government do not buy the buildings and the Lessee fails to transfer them to the new contractor, if any, within one month of the determination of the lease,
or to remove them within that period, as provided for in clause (a) above, the Lessee shall forfeit all claim to the buildings which shall become Government
property without payment of any compensation whatever.
If the site is to be leased again, it may be left to the contractors mutually to settle, within one month, the valuation of the buildings, the execution of the new
lease being deferred until they come to a decision in the matter or until the stipulated period of one month expires.
The land should, in no case, be leased rent free. The Officer Commanding-in-Chief, the Command can, however, charge a nominal rent under his own powers if
in any case he considers that a concession is necessary and can be justified [3625-LC/D4, dated 9th November, 1935].
(iii) Leases to Army Contractors for Station and Regimental Dairies.
The following provisions are to be embodied in a lease to-a contractor for a Station or Regimental Dairy on Class "8" land.
(a) The lease shall be for a limited period not exceeding ten years. In the case of British units, if, at the end of that period, the Military Farms Department are not
in a position to open a Government Dairy or depot, the lease may be extended for five years. In the case of India units, the lease may be renewed at the Lessee's
option in five year periods up to a total of twenty five years.
(b) If at the expiry of any period of the lease, the Military Farms Department erect a Government Dairy or depot, no further extension will be granted.
(c) If the Lessee's contract with the Military authorities is terminated earlier for any reason, the lease shall automatically cease to operate.
(d) The Lessee shall have the right to remove the buildings within one month of the expiry or determination of the lease unless Government choose to buy them
at a valuation within that period. If Government refuse to buy the buildings and if within the said one month Government execute a fresh lease of the site thereof
with another contractor, the Lessee may transfer the buildings to the new contractor instead of removing them.
(e) If Government do not buy the buildings and the Lessee fails to transfer them to the new contractor, if any, within one month of the expiry or the
determination of the lease, or to remove them within that period, as provided for in clause (d) above, the Lessee shall forfeit all claim to the buildings which
shall then become Government property without payment of any compensation whatever.
It may be left to the contractors themselves to settle mutually, within one month, the valuation of the buildings, the execution of the new lease being deferred
until they come to a decision in the matter or until the stipulated period of one month expires whichever is earlier [4032-LC/D4, dated 27th November, 1936].
(iv) Leases for Petrol Pumps and for Petrol Installations.
Where long term leases in Schedule VIII are executed for petrol installations, the condition in the lease under which the buildings standing on the site become
Government property on the expiry or sooner determination of the lease may not be relaxed. In the case of short term leases executed in. Schedule IX for petrol
pumps, the following modification may be made in
Covenant 1(7) of the lease:-
For the words "on the expiration or sooner determination of the said term to yield up the same in such good and substantial repair unto the Lessor" the following
words may be substituted "on the determination of the lease, if the Lessee is not granted a fresh lease of the site, the pump and other erections shall be cleared
and all excavations shall be filled in to the satisfaction of the Lessor within one month of the determination of the lease." [3595-UD4, dated 15th May, 1942;
620-RlD4, dated 29th September, 1936].
(v) Leases of Land for Military Cinemas.
Quartermaster General's letter No. 51139/Q3, dated the 8th August, 1940, as amended by Quartermaster General's letter No. 51139/Q3b, dated the Ith February,
1943, prescribes the rules for Military Cinemas for British Troops.
These rules prescribe that no military cinemas will be installed without the sanction of the District/Independent Area Commander and that not more than one
military cinema will be installed at any station except under very exceptional circumstances. District/Independent Area Commanders are authorised to approve
contracts for new cinemas and renewal of existing cinemas provided that there is no departure from the standard form of agreement as contained in Appendix I
to the above Q.M.G.'s letter.
If the contract involves the leasing of land for the contractor to erect his own cinema, and the land in question is Class B(4), the previous sanction of the Federal
Government will be obtained if the lease is to be granted for any term by private treaty, vide rule 26, and if the land is Class A(2) or A(l) to be transferred to
A(2) and the period ofthe lease is to exceed five years, the previous sanction of the Federal Government will be obtained under Rule 14(4) [74791D4, dated 19th
July, 1941].
The lease of the land will be executed in the following form:-
LEASE OF LAND
FOR
MILITARY CINEMA FOR BRITISH TROOPS
THIS INDENTURE
made the ____________________day of _____________________
BETWEEN the President (hereinafter called the Lessor) of the one
part and ________________________________ of _______________________________ (hereinafter called the Lessee/Lessees) of the other part WHEREAS
by virtue of rules made under section 280 of the Cantonments Act, 1924, the Military Estates Officer ______________ Circle (hereinafter called the Military
Estates Officer) has agreed on behalf of the Lessor with the confirmation of __________________________to demise the plot of land hereinafter described to
the Lessee/Lessees in manner hereinafter appearing. NOW THIS INDENTURE WITNESSETH in consideration of the rent hereinafter reserved and of the
Covenants on the part of the Lessee/Lessees hereinafter contained the Lessor doth hereby demise unto the Lessee/Lessees
ALL THAT
plot of land containing
by admeasurement _____________________________ situated at _________________________ in the Cantonment of ____________________ which said
plot of land is more particularly described in the Schedule hereunder written and with the boundaries thereof is delineated on the plan annexed to these presents
and thereon coloured _________________ TOGETHER with all rights, easements and appurtenances whatsoever to the said plot of land belonging or in any
wise appertaining
EXCEPTING AND RESERVING
unto the
LESSOR
all mines, minerals, mineral substances of every description, sand and clay in or under
the premises hereby demised with full right and liberty at all times to do all acts and things which may be necessary or expedient for the purpose of searching for
digging working, obtaining and removing and enjoying the same making the Lessee/Lessees reasonable compensation for all damage done and also all timber,
fruit-trees and other trees (but not the fruit or leaves or fallen branches of trees or branches cut down with the written consent of the Military Estates Officer)
with right of entry to mark, fell, cut and carry away the same
TO HOLD
the premises hereby demised unto the Lessee/Lessees for the term of ____________
years (determinable as hereinafter stated) from the ____________ day of _________________ rendering therefor during the said term the yearly rent of Rs.
_______________________ clear of all deductions by equal halfyearly payments on the __________________ day of __________________ and
__________________ day of _______________ in each year at the office of the Military Estates Officer or such other place as the Military Estates Officer shall
from time to time appoint in this behalf the first of such payments to be made on the _____________________________ day of_______________________
next.
I. AND THE LESSEE DOTHILESSEES DO hereby covenant with the Lessor:-
(1) To pay unto the Lessor during the term hereby granted the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.
(2) From time to time and at all times during the said term to pay and discharge all rates, taxes, charges and assessments of every description which are now or
may at any time hereafter during the said term be imposed, charged or assessed upon the premises hereby demised or the buildings to be erected thereupon or the
landlord or the tenant in respect thereof.
(3) Not to cut down any of the timber, fruit-trees or other trees now or at any time hereafter growing on the premises hereby demised without the previous
consent in writing of the Military Estates Officer but to preserve the same in good order.
(4) Not to make any excavation in the land hereby demised or remove any mineral substances of any description, sand or clay from the said land without the
consent in writing of and in accordance with the terms and conditions prescribed by the Military Estates Officer.
(5) Within __________________________ calendar months next after the date of these presents at his/their own cost to erect and finish on the premises hereby
demised fit for use a cinema together with all necessary outhouses, sewers, drains and other appurtenances in accordance with a plan to be approved in writing
by the Cantonment Board under the provisions of the Cantonments Act and not to erect or suffer to be erected on any part of the premises hereby demised any
building other than and except the cinema hereby covenanted to be erected without the previous consent in writing of the Officer Commanding-in-Chief, the
Command.
(6) At all times during the said term to keep the said cinema and premises in good and substantial repair and not to make any alterations in the plan or the
elevation of the said cinema without such consent as aforesaid not to use the same nor permit the same to be used for any purpose other than that of a cinema.
(7) On the expiration of the said term the Lessor shall have the right to purchase the said cinema buildings from the Lessee/Lessees on payment to the
Lessee/Lessees of the value of the buildings as assessed by the Garrison Engineer of___________________________ otherwise the Lessee/Lessees shall have
the right to sell them to the incoming contractor, if any, failing which, he shall be entitled to remove the buildings within one month of the expiration of the
demise.
(8) In the event of the Lessor not purchasing the said cinema buildings or the Lessee/Lessees not being able to sell them to the incoming contractor, if any, or if
he fails/they fail to remove the buildings within one month of the determination of the said term, the Lessee/Lessees shall peaceably yield up the same in such
good and substantial repair unto the Lessor, and the Lessee/Lessees shall forfeit all claim to the buildings which shall remain to the use of and be vested in the
Lessor and the Lessee/Lessees shall not be entitled to any compensation whatever.
(9) To conduct the demised premises as a cinema in accordance with the terms of an agreement to be executed between the Lessee/Lessees and the Officer
Commanding Station in the form attached.
II. PROVIDED ALWAYS
and notwithstanding anything aforesaid if any part of the rent hereby reserved shall be in arrear or unpaid for one calendar month
next after any of the said days whereon the same shall have become due whether the same shall have been demanded or not or if there shall have been in the
opinion of the Military Estates Officer any breach by the Lessee/Lessees or by any person claiming through or under him/them of any of the Covenants or
conditions hereinbefore contained or if for any reason the said cinema agreement is terminated before the expiration of the lease then and in such case the Lessor
may notwithstanding the waiver of any previous cause or right of re-entry enter upon any part of the premises hereby demised or of the buildings thereon in the
name of the whole and thereupon the said premises and buildings shall remain to the use of and be vested in the Lessor and this demise shall absolutely
determine and the Lessee/Lessees shall not be entitled to any compensation whatever.
III. PROVIDED ALSO that the expressions "President" and "Lessee/Lessees" hereinbefore used unless such an interpretation be inconsistent with the context
include in the case of the former his successors and assigns and in the case of the latter his/their heirs, executors, administrators, representatives and assigns.
The Schedule above referred to-
All that piece and parcel of land situate at ____________ recorded in the General Land Register of the Cantonment as (part of) ____________________Survey
Number and bounded by:-
On the North by
On the South by
On the East by
On the West by
IN WITNESS
whereof the parties hereto have set their hands the day and year first written above.
Signed by
on behalf of the President
in the presence of
Witness.
Signed by above-named in the presence of
Witness.
42 (DELETED)
Deleted
NOTES
REMISSIONS OF RENT AND WRITING OFF IRRECOVERABLE ITEMS.
In Defence Department letter No. 3534-G/DA, dated the 29th May, 1942, the Government has authorised all the Deputy Directors, Military Lands and
Cantonments and the Deputy Assistant Director, Military Lands and Cantonments, Eastern Army, to sanction the write off, with the concurrence of the
Controllers of Military Accounts concerned, of irrecoverable items of revenue from land in the management of Military Estates Officers up to a limit of Rs.
500/-. (rupees five hundred) only in any individual case. It has also authorised them similarly to grant remissions up to this limit of rent due for land and houses
or money due in respect of sales of wood, fruits and grass in regard to land in the management of Military Estates Officers in any individual case. The
remissions should be granted only for special reasons such as failure of crops, fall in the price of land products, irrecoverability of any items of revenue where
filing a suit may not be considered advisable, etc. In the case of remissions on account of a fall in the price of land products, the Local Civil authorities should be
consulted in the first instance [3534-G/D4, dated 29th May, 1942].
VI (MANAGEMENT BY CANTONMENT BOARD)
43 (GENERAL CONDITIONS APPLICABLE TO MANAGEMENT)
The management of land entrusted to the Board under rule 9 shall be subject to the following conditions, namely:-
(i) that such management confers on the Board no proprietary rights in, and no power to sell, exchange or give way, the land; and that the Secretary of the
administrative Division may, at any time, impose such restrictions as they consider necessary in the public interest on the use or occupation of any particular
areas of land so entrusted to the management of the Board;
(ii) that the Board shall have no power to occupy or use the land for the purposes of the Act or for its own purposes without the sanction of the Secretary of the
administrative Division or a person authorized by him; but that land required for the aforesaid purposes shall be transferred to class "C" and vested in the Board
by the Secretary of the administrative Division or a person authorized by him in accordance with the provisions of rule 7;
(iii) [Omitted]
(iv) that all receipts from the land shall be credited in full to the Cantonment fund;
(v) that the Federal Government, at any time, shall be entitled to resume direct management of the land or of any part thereof without paying any compensation
therefor to the Board, or to vary the terms on which the management has been entrusted to the Board;
Provided that the Board shall be given an opportunity of expressing its opinion on any such action before it is taken and any objection it may have to offer shall
be taken into consideration; and
(vi) that the Military Estates Officer may, at any time, require the Board to produce any record, correspondence, plan, register or other document, relating to the
land, in its possession or under its control.
Provided that the Federal Government may, at the time of entrusting the management of any land to the Board:-
(i) in modification of condition (iii) direct that the cost of the litigation referred to in that condition shall be borne by the Federal Government, instead of by the
Board, either wholly or in respect of such suits as the Federal Government may think fit;
(ii) in modification of condition (iv) direct that all receipts from the land or receipts of a specified description, shall be credited to the Federal Government
instead of to the Cantonment fund; and
(iii) impose such other conditions as it thinks fit on the management of the land.
NOTES
(i) Responsibility for safeguarding Government's interests in land entrusted to the management of a Board.
The responsibility for safeguarding Government's interests in land entrusted to the management of a Board within areas which have been declared by
notification under section 43A of the Cantonments Act, 1924, to be bazaar areas rests primarily with the Board.
Whenever an encroachment on Government land inside a bazaar area comes to the notice of the Board; they should make an attempt to settle amicably by
inducing the encroacher to remove the same or to regularise it by the execution of a lease, the latter course being adopted only when it is considered
advantageous to the State. If, however, it becomes clear to the Board that the case has to be taken to a Court of Law, they should hand over all the papers relating
to the encroachment to the Military Estates Officer concerned for further action [3795-LC/lID4, dated 15th February, 1938; 618-RlD4, dated 8th July, 1938].
(ii) Verification of Cantonment Boundaries.
The boundaries of all cantonments are, annually in March, to be compared on the ground with the gazetted description of the same and a certificate is to be
furnished to the Officer Commanding-in-Chief, the Command, together with a report of any pillars damaged or missing and of any encroachments on the
boundaries. Cantonment Boards should clear, at the cost of the cantonment funds, the undergrowth around the pillars which may be necessary for the proper
verification of the boundaries [4459-LID4, dated 30th December, 1940].
(iii) Institution of suits for, the recovery of rent of land under the management of a Board.
Cantonment Boards have no power to institute suits for the recovery of rents for land, other than agricultural land, leased by them, without the sanction of the
Government. In the case of agricultural lands, the Government, in the late Army Department letter No. 426-RlA.D.4, dated the 15th June, 1931, has authorised
Boards to sanction the institution of suits for the recovery of arrears of rent. (See note (vi) to rule 33). Sanction of the Government is required for the institution
of suits for ejectment for non-payment of rent.
A suit to recover arrears of rents should not be filed unless the BOARD concerned is satisfied, after consulting the local civil authorities, that the other party has
sufficient property on which a decree can be executed. Indiscriminate civil suits without ascertaining the financial position of the defaulters, means the
expenditure of good money after bad [591-RlA.D. 4, dated 7th September, 1931; 840fRlA.D4, dated 16th December, 1930].
(iv) Quarries under the management of a Board.
The Board are at liberty to charge a royalty on all materials removed from quarries which are their own property, or are properly vested for management in them,
subject to the proviso that where quarrying on Government land in a cantonment is directly carried out by Government, (i.e., not through a contractor) for a
public purpose, no royalty shall be charged.
Where quarrying on such land is undertaken by Government, either directly or through a contractor, the quarrying shall only be carried out at such places as may
be set apart for the purpose by the Board. The above applies to the removal of earth for building and other purposes as well as quarrying stones, etc
[30664/1/AD, dated 2nd January, 1926; 30664/3/AD, dated 1st April,1926].
(v) Issue of Resumption notices in respect of land under the management of a Board.
Resumption notices in respect of sites inside bazaar areas or otherwise under the management of the Cantonment Board will be issued by the Military Estates
Officer concerned [111-R/D4, dated 17th February, 1938].
(vi) Transfer of properties from the party to another in bazar areas placed under the management of Cantonment Board [11880/1fD4, dated the 1st November,
1941].
Transfer of properties from one party to another in bazar areas placed under the management of Cantonment Boards.
I. Transfer of properties from one party to another in areas in class I and class II Cantonments, which have been declared by notification under Section 43A.
Cantonments Act, to be bazaar areas. In view of Government's policy not to interfere with the administration of areas notified under Section 43A, Cantonments
Act; to be bazaar areas but to leave it to Boards to deal with all applications for new sites, sub-divisions of sites, extension of sites, change of purpose,
regularisation of encroachments or erection of additional buildings in these areas in any manner they think proper subject to the provisions of the Cantonment
Land Administration Rules, and the Cantonment Property Rules, and also as it is Government's Policy not to enforce any restrictions within these areas in the
way of demanding new leases for old grant sites when sub-divided, or when additional buildings are erected or when the purposes for which they were granted
are changed the Government authorise Cantonment Boards in class I and class II Cantonments to sanction the transfer of sites from one party to another in these
areas in every case where their sanction is required, and have no objection to the Officer Commanding Station giving similar authority where his sanction is
required subject to the following conditions:-
(a) No sanction shall be given where it appears that Government's claim to proprietary rights in the site is being denied (for example if the transfer recites, that
the land belongs to the transferor or purports to transfer full ownership thereof) such cases should be referred to the Federal Government (with recommendation
of the Officer Commanding-in-Chiet) for orders.
(b) Where the conditions on which, the land is held are forthcoming and these conditions provide that the transferee shall sign an acknowledgment as to the
conditions on which the land is held, such acknowledgment shall be obtained before the sanction is given.
II. Transfer of properties from one party to another in areas in class I, II and III Cantonments Which have been notified as bazars under rule 2(b), Cantonment
Land Administration Rules. 1937, other than areas in class I and II Cantonments which have been notified under section 43A of the Cantonments Act.
The Government authorize the Cantonment Boards to sanction the transfer of the site from one party to another in these areas in every case where their sanction
is required, and have no objection to the Officer Commanding Station giving similar authority where his sanction is required subject to the following
conditions:-
(a) No sanction shall be given where it appears that Government's, claim to proprietary rights in the site is being denied; such cases should be referred (with the
recommendation of the Officer Commanding-in-Chiet) to the Federal Government for orders.
(b) Where the conditions on which the land is held are forthcoming and these conditions provide that the transferee shall sign an acknowledgment as to the
conditions on which the land is held, such acknowledgment shall be obtained before sanction is given.
(c) Sanction shall not be given to a transfer which involves the sub-division of a site without first referring the case to and obtaining the orders of the Officer
Commanding-in-Chief, the Command [11880/IlD4, dated 1st November, 1941].
44 (GENERAL LAND REGISTER. CANTONMENT BOARD)
The Military Estates Otlicer shall supply to the Board extracts from the General Land Register prepared under rule 3 in respect of all land in bazars the
management of which has been entrusted to, or vests in, the Board.
45 (MAINTENANCE OF GENERAL LAND REGISTER)
(1)
The duties and functions assigned to the Military Estates Officer of maintaining the General Land Register under rule 10 shall be performed by the Board in
respect of land in bazars the management of which has been entrusted to, or vests in, the Board.
(2)
The Board shall report to the Military Estates Officer-
(i) the grant of any right or interest made by the Board in land, other than land in bazars, which is under the management of the Board;
(ii) every report of the transfer of any right or interest in land other than land in bazars made to the Executive Officer under section 73 of the Act; and
(iii) every change necessitating an alteration in the plans of bazar areas.
(3)
The Executive Officer shall forward to the Military Estates Officer a monthly statement showing, in addition to the information required by sub-rule (2), every
transfer of right or interest in immovable property outside bazars registered under sections 54, 59, 107 or 123 of the Transfer of Property Act, 1882, and of
which information has been received under sub-section (2) of section 287 of the Cantonments Act, 1924, and a report of every transfer of right or interest in
immovable property outside bazars which has come to his knowledge but of which no report has been made to him. The said statements shall be accompanied
by leases, plans or other relevant documents.
46 (REGISTERS TO BE MAINTAINED BY CANTONMENT BOARD)
(1)
The Board shall maintain registers similar to the registers prescribed by rules 12, 29, 37 and 39 of these rules and by rule 81-A of the Pakistan Cantonments
Account Code, 1955, which shall be known as the Cantonment Board's Land Revenue Register, Grants Register (Building Sites), Grants Register
(Miscellaneous Sites), Grants Register (Temporary Licences) and Register of Fees for Motor Vehicle Parking Licences, respectively, and the forms prescribed in
the Schedule shall be modified so far as may be necessary for the requirements of the Board.
(2)
The Board shall maintain a register in the form prescribed in Schedule XIX of all land which is vested in the. Board. This register shall be known as the
Cantonment Board's register of Federal Government Dues and shall be prepared annually so as to show all payments due, and made, to the Federal
Government.
NOTES
At the close of each year, the Cantonment Board shall send to the Military Estates Officer a copy of every page of the register in Schedule XIX. The Military
Estates Officer will compare these with his registers and bring to the notice of the Deputy Director, Military Lands and Cantonments any case where the full
amount due to Government has not been paid.
47 (DISPOSAL OF LAND BY CANTONMENT BOARD)
The disposal of land which has been entrusted to the management of the Board under rule 9 shall be governed, so far as may be, by the same rules as apply to the
disposal of land entrusted to the management of the Military Estates Officer, subject to the
following modifications, namely:-
(a) the Board shall take the place of, and perform the functions assigned to, the Officer Commanding-in-Chief, the Command, in
rules 24 and 33;
(b) the Executive Officer] shall take the place of, and perform the functions assigned to, the Officer Commanding the Station in rules 18, 19, 26 and 37;
(c) Deleted
(d) the Executive Officer shall take the place of, and perform the functions assigned to the Military Estates Officer in rules
17,18,19,21,22,24,26,27,28,29,30,31,32,33,34,35,36,37 and 39;
(e) no reference to the Collector shall be required under rules 24 and 26;
(f) no reference to the Federal Government or to the appointed authority shall be required under rule 19 when the site applied for falls within an area which has
been declared by the Federal Government by notification under section 43-A of the Act to be a
bazar area;
(g) where a lease is in respect of a site within an area referred to in clause (f) for the references to the Officer Commanding-in-Chief, the Command, in condition
1(5) of the Forms of lease set forth in Schedules VIII, IX and X and in condition 1(3) of the Form of lease set forth in Schedule XI, there shall be substituted
references to the Board.
VII (ENTRY, INSPECTION BY MILITARY ESTATES OFFICER)
48 (ENTRY ON AND INSPECTION OF LAND UNDER THE MANAGEMENT OF THE MILITARY ESTATES OFFICER)
(1)
The Military Estates Officer or any person authorised by him by general or special order in writing may, with or without assistants or workmen, enter into or
upon any building or land under the management of the Military Estates Officer for the purpose of making any enquiry, inspection, measurement, valuation or
survey which such officer or person may consider necessary or of examining or inspecting any works which have been, are being, or are about to be, executed in
or on such building or land.
(2)
In the performance of the above duties, such officer or person shall observe the same procedure for the purposes of entry and inspection as is prescribed in
Chapter XV of the Act.
49 (ENTRY ON AND INSPECTION OF LAND UNDER THE MANAGEMENT OF A CANTONMENT BOARD)
(1)
The Military Estates Officer or any person authorised by him by general or special order in writing may, with or without assistants or workman, enter into or
upon any building or land entrusted to the management of a Board for the purpose of making any enquiry, inspection, measurement, valuation or survey which
such officer or person may consider necessary or of examining or inspecting any works which have been, are being, or are about to be executed in or on such
building or land.
(2)
In the performance of the above duties, such officer or person shall observe the same procedure for the purposes of entry and inspection as is prescribed in
Chapter XV of the Act.
SCHEDULE I: (GENERAL LAND REGISTER)
SCHEDULE I
See rule 3(1)
GENERAL LAND REGISTER
Volume __________
Survey
No.
Old Survey
No. as per
GLR of Vol.
I.
Area
Description
Class
By Whom
Managed
Landlord
Holder of
occupancy
right with
percentage
Nature of
holders
rights
Grant/Lease
Rent payable per annum
to
Date
of
expiry
of
lease
Remarks
Federal Govt.
Cantt.
Board
1 2 3
4
5
6
7 8 9
10
11 12 13
Continued on Page _______ Vol. __________
SCHEDULE II: (STANDARD TABLE OF RENTS)
SCHEDULE II
(See rule 8.)
STANDARD TABLE OF RENTS.
Cantonment
Date
S
urvey
N
umb
er
Descr
i
ption
Annual Rental Value
Remarks
Agricultural
Non-Agricultural.
Acre
.
100 s. ft.
Acre. 100
s
. ft.
SCHEDULE III: (MILITARY ESTATES OFFICER'S LAND REVENUE REGISTER)
SCHEDULE III
.
(See rule 12.)
MILITARY ESTATES OFFICER'S LAND REVENUE REGISTER
19 -19
Survey
Number
Class
Description
Name
and
Date of
Occupation
Term
for
Current Demand
Date
Instalment
Arrears if
any
Total
Demand
Date of
payment
Collection
amounts
Receipt
Number
General
cash
Total
Collection
Remissions
Balance
due
Initials
of
Remarks
and
address
of
lessee
or
holder
which
let
due
book
entry
No. and
date
for year
M.E.O.
authority
for
remission
Instalments
Amount
Rs.
A.
P. Rs. A.
P.
Rs.
A.
P. Rs.
A.
P.
Rs.
A.
P. Rs.
A.
P.
Rs. A. P.
SCHEDULE IV: (FORM FOR RENEWAL OF A LEASE)
SCHEDULE IV.
See rule 16(3)
FORM FOR RENEWAL OF A LEASE
THIS INDENTURE made this ______________________________ day of _______________________________ One thousand Nine Hundred and
______________________________________ BETWEEN THE President of Pakistan (hereinafter called "the lessor") of the one part and
________________________________ (hereinafter called "the Lessee/Lessees") of the other Part.
WHEREAS the lessee/lessees was/were solely entitled to the benefit of the within written lease No._______________________
dated________________________ registered at _____________________ as No. _________________________________ on _________________________
on the day of its expiry and requested the Lessor to renew same in accordance with clause III thereof which the Lessor (who is now entitled to the reversion
immediately expectant on the said lease) has agreed to do on the terms hereinafter mentioned.
NOW THIS INDENTURE WITNESSETH as follows:-
(1) In pursuance of the premises the Lessor hereby demises unto the Lessee/Lessees ALL AND SINGULAR
the hereditaments and premises comprised in and
demised by the within written lease including the buildings, etc., now standing thereon with the same exceptions and reservations as are therein expressed
TO
HOLD
unto the Lessee/Lessees from the __________________ day of ________________________19___________ for the term of thirty years subject to the
payment on the same days and in the like manner of a yearly rent of Rs. _________________ (the first payment of rent under this demise to be made on the
____________________ day of _____________ ) and subject to and with the benefit of such and the like Lessee's and Lessor's covenants respectively and such
and the like provisos and conditions in all respects (including the proviso for re-entry) as are contained in the within written lease.
(2) It is hereby mutually covenanted and agreed by and between the Lessor and Lessee/Lessees so that the obligations hereunder shall continue throughout the
term hereby created and shall be binding on- their respective successors-in-interest in the demised premises that they will perform and observe the several
covenants, provisos and stipulations in the within written lease expressed as fully as if the same covenants, provisos and stipulations had been herein repeated in
full with such modifications only as are necessary to make them applicable to this demise and as if the names of the parties hereto had been substituted for those
in the within written lease.
PROVIDED ALWAYS that the ______________________________________ referred to in clause 1(5) of the within written lease having been erected the
Lessee/Lessees shall not be under any obligation to erect another.
IN WITNESS
whereof the parties hereto have set their hands, the day and year first above written.
Signed by
on behalf of the President of
Pakistan in the presence of
}
Signed by
in the presence of
}
SCHEDULE V: (GRANTS REGISTER)
Page 1.
Survey No.
SCHEDULE V.
(See rule 17)
MILITARY ESTATES OFFICER'S
_________________________________ GRANTS REGISTER
CANTONMENT BOARD'S
(BUILDING SITES.)
Form of application for a lease of land to be filled in by applicant.
To
The Military Estates Officer,
________________________________
The Executive Officer, Cantonment.
Date.
Sir,
I have the honour to apply for the grant of a lease of ________________________________ acres of land situated in ____________________ for the
purpose of building a ________________________________________
A site plan of the area applied for is attached.
I hold the following lands in the said Cantonment:-
I am prepared to abide by such conditions regarding the disposal of the land as the Military Estates Officer may lay down and to deposit the cost, if any, of
surveying and demarcating the land, on the understanding that if the land is eventually granted to any other person the amount of my deposit will be refunded to
me.
I request that the land may be granted to me by private agreement without auction for the following reasons:-
I have, etc.
NOTE 1
.- The grant of this application does not carry with it sanction to erect a building. That sanction must be sought from the
Cantonment Board in accordance with the provisions of the Cantonments Act, or of any applicable bye-laws thereunder.
NOTE 2.- If the site is required by private treaty, the reasons must be fully stated.
Page 2.
GRANT REGISTER- BUILDING SITES
(To be filled in by the prescribed authority, not the applicant.)
Survey number and/or situation. Class of land. Total area of S. No. if any.
1. Date of application.
2. Extent applied for.
3. Name and address of applicant.
4. Purpose for which applied for.
5. Order of Officer Commanding the
Station
Copy of Board resolution.
(See rules 18 and 19)
Officer Commanding the Station
Executive Officer
Dated.
6. Order of the Federal Government or the appointed authority under Rule 19.
[Not applicable to areas declared by notification under section 43A of the Cantonments Act, 1924 (II of 1924) to be bazaar areas.]
7. Date and cost of survey and demarcation and date of deposit of cost.
8. Annual rent fixed according to the standard table of rents.
9. Reserve price for premium on lease.
10. Notice of auction published.
11. Date of auction.
12. Successful bidder.
13. Amount of bid.
14. Opinion of Collector.
15. Order of Officer Commanding-in-Chief, the Command (rule 24).
Resolution of Cantonment Board.
16. Order of Federal Government/Officer Commandingin-Chief, the Command.
(a) if market value exceeds Rs. 10,000 (rule 24).
(b) if sale is not concurred in by Collector (rule 25).
(c) if site is to be disposed of under rule 26 or 31.
17. Number and date oflease.
18. Date of registration of lease.
Military Estates Officer.
Executive Officer.
Dated.
Page 3.
Dated.
Plan of site.
Survey number.
Sub-division.
Area.
Surveyed and demarcated on ground.
Military Estates Officer.
Executive Officer.
Certified that the sub-division has been entered on the Survey of Pakistan map of the cantonment and that the appropriate entry has been made in the General
Land Register.
Military Estates Officer.
Dated.
SCHEDULE VI: (LEASE OF BUILDING SITES)
SCHEDULE VI.
(See rule 21.)
LEASE OF BUILDING SITES.
NOTICE.
Notice is hereby given that the grant of a lease of the site hereunder specified, ____________________________________________________ will be offered
for sale by auction at the rent and for the period and subject to the conditions hereunder stated (subject to confirmation of the sale by
___________________________________ ) at the _____________________________ on the _______________ day of
___________________________________ at ______________________ o'clock.
The form of lease to be executed by the purchaser and plans of the site may be inspected at the office of the Military Estates Officers/Cantonment Board.
Military Estates Officer.
Executive Officer.
Particulars.
(1) Ward, Survey Number or boundaries.
(2) Area.
(3) Rent.
(4) Period of lease.
Conditions of tenure.
(1) The rent shall be paid punctually by the lessee on the dates specified in the lease (and shall be liable to revision at intervals of not less than 30 years).
(2) The lessee shall erect on the site a building or buildings of the description and dimensions as may be approved by the Cantonment Board under the provision
of the Cantonments Act within a period of ____________ months from the date of the execution of the lease, and shall maintain the said building or buildings in
good repair, and shall not without the consent in writing of the Military Estates Officer/Cantonment Board alter or add to the said building in any way.
(3) Upon every assignment, transfer, or sub-lease of the site or the building to be erected thereon, or any part thereof, notice thereof shall be given to the Military
Estates Officer within one month from the date of such assignment, transfer or sub-lease.
(4) The President of Pakistan reserves to himself all minerals, mineral substances of any description, sand or clay, on, in, or under the site, and also all timber,
fruit-trees now or at any time hereafter growing on the site, but not the fruit or leaves or fallen branches of trees nor the branches of trees cut down with the
consent in writing of the Military Estates Officer/Cantonment Board.
(5) In the event of there being, in the opinion of the Military Estates Officer/Cantonment Board any breach of any of the conditions on the part of the lessee to be
observed and performed, the President of Pakistan shall be at liberty to enter into possession of the site and the building or buildings, if any, erected thereon and
to determine the lease, and the lessee shall not be entitled to any compensation whatever.
Conditions of sale.
1. The highest bidder shall, subject to the approval of the sale of the lease by the Officer Commanding-in-Chief, the Command/Cantonment Board, be the
purchaser; and if any dispute shall arise between two or more bidders, the site shall be put up again at the last undisputed bidding. No person shall advance at
each bidding less than the sum to be fixed by the auctioneer at the time of sale and no bidding shall be retracted. The vendor reserves the right to bid.
2. The purchaser shall immediately after the sale, pay to the auctioneer a deposit of ten percent, of his bid on account of his purchase-money and as earnest
money and sign the form of agreement set out below to complete his purchase according to these conditions.
3. The remainder of the purchase-money shall be paid, and the purchase shall be completed at the office of the Military Estates Officer/Cantonment Board
within 30 days of the confirmation of the sale by the ________________________. If the sale is not confirmed the deposit shall be refunded to the purchaser.
4. The description of the site in the particulars is believed and shall be deemed to be correct, and if any error shall be found therein the same shall not annul the
sale, nor shall compensation be allowed in respect thereof.
5. If the purchaser shall fail to comply with these conditions, his deposit money shall be forfeited to the vendor, who shall be at liberty to proceed to another sale,
either by public auction or private contract, with or without notice to the purchaser at the present sale, and the deficiency, if any occasioned by such second sale,
together with all charges attending the same shall, immediately after such sale, be made good by the defaulter at this present sale; and in case of non-payment of
the same, the whole shall be recoverable by the vendor, as and for liquidated damages. If any profit is made on such resale, the vendor shall be entitled to retain
the same.
6. The site shall not be used for any purpose other than for the erection of a building for ________________________________________.
MEMORANDUM:- At the sale by auction, made this day, of the lease of the site comprised in the above particulars ___________________ was the highest
bidder for, and was declared the purchaser of, the lease of the site at the price of Rs. _________, subject to confirmation of the sale by
______________________________, and the said _________________________ has paid to ____________ as agent for and on behalf of the President of
Pakistan (the vendor), the sum of Rs. ______________________ by way of security deposit, and in part-payment of the purchasemoney; and he hereby agrees
to complete the purchase according to the above conditions and execute a lease in the form annexed thereto (under which rent shall be made payable from the
date of the confirmation of the sale) and the said __________________________________ as the Vendor's agent, ________________________ hereby
acknowledges the receipt of the said deposit.
Signed at _____________________________________ Cantonment, the ___________________ day of __________________ 19 ___________________.
Signatures.
SCHEDULE VII: (SPECIAL LEASE FOR THE REGULARIZATION OF OLD GRANT.)
SCHEDULE VII.
(See rule 27.)
THIS INDENTURE
made the _________________________________________ day of _______________________________ 19
_______________________ BETWEEN President of Pakistan (hereinafter oalled the Lessor) of the one part and _____________________________ of
_________________ [hereinafter called the lessee(s)] of the other part.
WHEREAS the rights of the parties hereto in the land and buildings hereinafter described and now occupied by the Lessee(s) as
________________________________________ do not appear to be defined in writing and the parties hereto being anxious that they should have agreed to
define them by these presents.
NOW THIS INDENTURE WITNESSETH that in consideration of the premises the lessee(s) hereby acknowledges and agrees that the land hereafter
described is the absolute property of Federal Government and the Lessor, acknowledges and agrees that the buildings thereon (shown on the plan hereto annexed
by hatchured lines) are the property of the lessee(s) and in consideration of a nominal premium of rupees 5 paid on or before the execution of these presents by
the Lessee(s) to the Lessor (the receipt whereof the Lessor hereby acknowledges) and of the covenants on the part of the lessee(s) hereinafter contained the
Lessor doth hereby demise unto the lessee(s)
ALL THAT
plot of land containing by admeasurement ____________ situate at
_______________________________ in the Cantonment of _______________________________ which said plot of land is more particularly described in the
Schedule hereunder written and with the boundaries thereof is delineated on the plan annexed to these presents and thereon edged pink TOGETHER with all
rights, easements and appurtenances whatsoever to the said plot of land belonging or in any wise appertaining EXCEPTING AND RESERVING unto Federal
Government all mines, minerals, mineral substances of every description sand and clay in or under the premises hereby demised with full right and liberty at all
times to do all acts and things which may be necessary or expedient for the purpose of searching for digging, working, obtaining, removing, enjoying the same
making the lessee(s) reasonable compensation for all damage done TO HOLD
the land hereby. demised unto the lessee(s) in perpetuity from the
_____________ day of ________________________.
I. AND THE LESSEE(S) HEREBY COVENANTS(S) WITH THE LESSOR.
(1) From time to time and at all times to pay and discharge all rates, taxes, charges and assessments of every description which are now or may at any time
hereafter be imposed, charged or assessed upon the land hereby demised including the buildings erected or to be erected thereon or upon the landlord or tenant
in respect thereof.
(2) Not to cut down any of the trees growing on the land hereby demised without the consent in writing of the Cantonment Board which consent shall not be
withheld unless the cutting will in the opinion of the Board adversely affect the amenities of the neighbourhood.
(3) Not to erect or re-erect or suffer to be erected or re-erected on any part of the land hereby demised any building other than and except the buildings already in
existence on the execution of these presents nor to make any additions or alterations in the plan or elevation of any building on the demised land in such a way
as to alter its character nor to lise the land and buildings or permit the same to be used for any purpose other than that for which they are used on the execution
of these presents without the previous consent in writing of the Officer Commanding-in-Chief concerned, which consent shall not be withheld unless, in the
opinion of the said Officer, such action would make the said land and buildings unsuitable for a Military officer to live in or change their character in such a way
as to be objectionable from a sanitary point of view.
(4) At all times to keep the demised land tidy, clean and in proper order and the buildings thereon in good and substantial repair.
(5) Within two months of every assignment transfer or sub-lease of the said land and buildings or any part thereof to deliver a notice of such assignment transfer
or sub-lease to the Military Estates Officer concerned setting forth the names and description of the parties to every such assignment transfer or sub-lease and
the particulars and effect thereon.
(6) Not to assign, mortgage, transfer or sub-lease or create any interest in the premises hereby demised in favour of a foreigner, either directly or indirectly,
without the previous permission in writing of the Federal Government.
II. PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that if there shall have been any breach or non-observance by the lessee(s) or
by any person claiming through or under him/them of any of the covenants or conditions hereinbefore contained then and in such case and if after giving
reasonable opportunity to remedy the same it continues, the lessor may notwithstanding the waiver of any previous cause forthwith terminate this lease without
compensation but thereafter the premises thereby demised shall be held by the lessee(s) on the conditions governing the same immediately before the execution
of these presents.
III. PROVIDED ALSO AND IT IS HEREBY FURTHER AGREED AND DECLARED that the Lessor shall be at liberty at any time to appropriate the said
land and buildings under the provisions of the Cantonments (House Accommodation) Act VI of 1923 as amended and re-enacted from time to time.
IV. PROVIDED FURTHER AND IT IS HEREBY AGREED AND DECLARED that in further consideration of the premises and in particular of the fact
that no rent has been reserved and only a nominal premium has been made payable under these presents if the said land and buildings or any part thereof are at
any time required for a public purpose the Lessor shall be at liberty to terminate this demise and acquire the said land and buildings on paying the lessee(s) the
market value (plus 15 per cent.) of the buildings at the time of acquisition authorised to be erected on the said land and failing agreement as to this to proceed to
acquire all interests therein under the Land Acquisition Act I of 1894 as amended or re-enacted for the time being on the basis that no compensation shall be
payable in respect of the land nor on account of the termination of this demise. Provided nevertheless that if a part only of the said land or buildings are required
and if the Jessee(s) so require(s) the Lessor shall acquire the whole of the said land and buildings.
V. AND PROVIDED LASTLY that the expressions "The Lessor" and ''the lessee(s)" hereinbefore used shall, unless such an interpretation be inconsistent with
the context include in the case of the former his successors and assigns and in the case of the latter, his/their heirs, executors, administrators or other personal
representatives and assigns.
The schedule above referred to.
All that piece and parcel of land situate at __________________________ and recorded in the General Land Register of the Cantonment as (part of) Survey
number ____________________ and bounded ____________________________________
On the North by
On the South by
On the East by
On the West by
IN WITNESS
whereof the parties hereto have set their hands, the day and year first above written.
Signed by
on behalf of the President of
Pakistan in the presence of
}
Witness-
Signed by abovenamed
in the presence of
}
Witness-
SCHEDULE VIII: (BUILDING LEASE FOR A TERM OF THIRTY YEARS RENEWABLE AT OPTION OF LESSEE UP TO NINETY YEARS)
SCHEDULE VIII.
See rule 28(1)
BUILDING LEASE FOR A TERM OF THIRTY YEARS RENEWABLE AT OPTION OF LESSEE UP TO NINETY YEARS.
THIS INDENTURE made the ________________________________________ day of ______________________________
BETWEEN
the President of
Pakistan (hereinafter called the Lessor) of the one part and __________________________________ (hereinafter called the lessee/lessees) of the other part.
WHEREAS
by virtue of rules made under section 280 of the Cantonments Act, 1924, the Military Estates Officer/Cantonment Board of
_________________________________________ Cantonment (hereinafter called the Military Estates Officer/Cantonment Board) has agreed on behalf of the
Lessor with the confirmation of ______________________________________ to demise the plot of land hereinafter described to the lessee/lessees in manner
hereinafter appearing.
NOW THIS INDENTURE WITNESSETH
in consideration of the premium of Rs. _______________________________ paid on or before the execution of
these presents (the receipt whereof the Lessor hereby acknowledges) and of the rent hereinafter reserved and of the covenants on the part of the lessee/lessees
hereinafter contained the Lessor doth hereby demise unto the lessee/lessees
ALL THAT
plot of land containing by admeasurement _______________________
situate at _______________________ in the Cantonment of ______________________________________________which said plot of land is more
particularly described in the Schedule hereunder written and with the boundaries thereof is delineated on the plan annexed to these presents and thereon coloured
_____________ TOGETHER
with all rights, easements and appurtenances whatsoever to the said plot of land belonging or in any wise appertaining
EXCEPTING AND RESERVING
unto the Lessor all mines, minerals, substances of every description, sand and clay in or under the premises hereby demised
with full right and liberty at all times to do all acts and things which may be necessary or expedient for the purpose of searching or digging, working, obtaining,
removing and enjoying the same, making the lessee/lessees reasonable compensation for all damage done and also all timber. fruit-trees and other trees (but not
the fruit or leaves of fallen branches of trees cut down with the written consent of the Military Estates Officer/Cantonment Board) with right of entry to mark,
fell, cut and carry away the same
TO HOLD
the premises hereby demised unto the lessee/lessees for the term of thirty years from the
_______________________________ day of ________________________ rendering thereof during the said term the yearly rent of Rs.
_______________________ clear of all deductions by equal halfyearly payments on the day of __________________________________ and the
_________________________________ day of _________________________________ in each year at the office of the Military Estates Officer/Cantonment
Board or such other place as the Military Estates Officer/Cantonment Board shall from time to time appoint in this behalf the first of such payments to be made
on the _________________________ day of
_______________________ next.
I. AND THE LESSEE DOTHILESSEES DO hereby covenant with the Lessor:-
(1) To pay unto the Lessor during the tenn hereby granted the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.
(2) From time to time and at all times during the said term to pay and discharge all rates, taxes, charges and assessments of every description which are now or
may at any time hereafter during the said term be imposed, charged or assessed upon the premises hereby demised or the buildings to be erected thereupon or the
landlord or tenant in respect thereof.
(3) Not to cut down any of the timber fruit-trees or other trees now or at any time hereafter growing on the premises hereby demised without the previous
consent in writing of the Military Estates Officer/Cantonment Board but to preserve the same in good order.
(4) Not to make any excavations in the land hereby demised or remove any minerals, mineral substances of any description, sand or clay from the said land
without the consent in writing of and In accordance with the terms and conditions prescribed by the Military Estates Officer/Cantonment Board.
(5) Within _____________________________ calendar months ____________________________________ next after the date of these presents at his/their
own cost to erect and finish fit for habitation/use on the premises hereby demised a dwelling house/ ________________ together with all necessary out-houses,
sewers, drains and other appurtenances in accordance with a plan or plans to be approved in writing by the Cantonment Board under the provisions of the
Cantonments Act and not to erect or suffer to be erected on any part of the premises hereby demised any building other than and except the dwelling
house/____________________ hereby covenanted to be erected without the previous consent in writing of the Officer Commanding-in-Chief, the Command.
(6) Not to make any alterations in the plan or elevation of the said dwelling house/ ___________________ without such consent as aforesaid nor to use the same
or permit the same to be used for any purpose other than that of a dwelling house/ _____________.
(7) At all times during the said term to keep the said dwelling house/______________________ and premises in good and substantial repair and on the
expiration or sooner determination of the said term peaceably to yield up the same in such good and substantial repair unto the Lessor.
(8) Upon every assignment, transfer or sub-lease of the premises hereby demised or any part thereof or within one calendar month thereafter to deliver a notice
of such assignment, transfer or sub-lease to the Military Estates Officer setting forth the names and descriptions of the parties to every such assignment, transfer
or sub-lease and the particulars and effect thereof.
(9) Not to assign, mortgage, transfer or sub-lease or create any interest in the premises hereby demised in favour of a foreigner, either directly or indirectly,
without the previous permission in writing of the Federal Government.
II. PROVIDED ALWAYS that if any part of the rent hereby reserved shall be in arrear or unpaid for one calendar month next after any of the days, whereon the
same shall have become due whether the same shall have been demanded or not or if there shall have been in the opinion of the Military Estates
Officer/Cantonment Board any breach by the lessee/lessees or by any person Claiming through or under him/them of any of the covenants or conditions
hereinbefore contained then and in such case the Lessor may notwithstanding the waiver of any previous cause or right of re-entry enter upon any part of the
premises hereby demised or of the buildings thereon in the name of the whole and thereupon the said premises and buildings shall remain to the use of and be
vested in the Lessor and this demise shall absolutely determine and the lessee/lessees shall not be entitled to any compensation whatever.
III. PROVIDED ALSO that the Lessor will at the request and cost of the lessee/lessees at the end of the term of years hereby granted and so on from time to
time thereafter at the end of each such successive further term of years as shall be granted execute to the lessee a new lease of the premises hereby demised by
way of renewal for the term of thirty years but such renewed term of years as shall be granted shall not with the original term of years exceed in the aggregate
the period of ninety years and such renewed leases shall be granted only at such rents within a percentage of enhancement of fifty per cent. of the rent which
shall have been reserved by any lease (either original or renewed immediately preceding the renewed lease) to be for the time being granted as the Lessor shall
determine and save as to the amount of the rent to be thereby reserved and as to the term to be thereby granted every renewed lease of the said premises hereby
demised shall contain such of the covenants, provisions and conditions in these presents contained as shall be applicable.
IV. PROVIDED ALSO that the expressions "Lessor" and the "lessee"/ "lessees" hereinbefore used shall unless such an interpretation be inconsistent with the
context include in the case of the former his successors and assigns and in the case of the latter his/their heirs, executors, administrators, representatives and
assigns.
The schedule above referred to.
All that piece and parcel of land situate at __________________________ recorded in the General Land Register of the cantonment as (part of)
Survey number
and bounded by
on the North by
on the South by
on the East by
on the West by
IN WITNESS
whereof the parties hereto have set their hands, the day and year first above written.
Signed by
on behalf of the President of
Pakistan in the presence of
}
Witness-
Signed by abovenamed
in the presence of
}
Witness-
NOTE.- The approval of the Collector/Officer Commanding-in-Chief the Command/Federal Government must be obtained before the lease is executed.
SCHEDULE IX: (BUILDING LEASE FOR A TERM OF YEARS NOT EXCEEDING THIRTY AND NOT RENEWABLE)
SCHEDULE IX.
[See rule 31 (1).
BUILDING LEASE
FOR A TERM OF YEARS NOT EXCEEDING THIRTY AND NOT RENEWABLE.
THIS INDENTURE made the ___________________________________day of __________________________
BETWEEN
the President of Pakistan
(hereinafter called the Lessor) of the one part and _________________________ (hereinafter called the lessee/lessees) of the other part.
WHEREAS
by virtue of rules made under section 280 of the Cantonments Act, 1924, the Military Estates Officer/Cantonment Board of
__________________________________ Cantonment (hereinafter called the Military Estates Officer/Cantonment Board) has agreed on behalf of the Lessor
with the confirmation of ___________________________________ to demise the plot of land hereinafter described to the lessee/lessees in manner hereinafter
appearing.
NOW THIS INDENTURE WITNESSETH
in consideration of the premium of Rs. _____________________________ paid on or before the execution of
these presents (the receipt whereof the Lessor hereby acknowledges) and of the rent hereinafter reserved and of the covenants on the part of the lessee/lessees
hereinafter contained the Lessor doth hereby demise unto the lessee/lessees
ALL THAT
plot of land containing by admeasurement _______________________
situate at _____________________ in the Cantonment of________________________________ which said plot of land is more particularly described in the
Schedule hereunder written and with the boundaries thereof is delineated on the plan annexed to these presents and thereon coloured
_________________________.
TOGETHER with all rights, easements and appurtenances whatsoever to the said plot of land belonging or in any wise appertaining
EXCEPTING AND
RESERVING unto the Lessor all mines, minerals, mineral substances of every description, sand and clay in or under the premises hereby demised with full
right and liberty at all times to do all acts and things which may be necessary or expedient for the purpose of searching for digging, working, obtaining and
removing and enjoying the same, making the lessee/lessees reasonable compensation for all damage done and also all timber, fruit-trees and other trees (but not
the fruit or leaves or fallen branches of trees or branches of trees cut down with the written consent of the Military Estates Officer/Cantonment Board) with right
of entry to mark, fell, cut and carry away the same
TO HOLD
the premises hereby demised unto the lessee/lessees for the term of
_______________________________ years from the ____________ day of _______________ rendering therefor during the said term the yearly rent of Rs.
___________________________ clear of all deductions by equal half-yearly payments on the _____________________ day of ____________________ and
the ________________ day of ________________ in each year at the office of the Military Estates Officer/Cantonment Board shall from time to time appoint in
this behalf the first of such payments to be made on the __________________________ day of _______________________________ next.
I. AND THE LESSEE DOTHILESSEES DO hereby covenant with the Lessor:-
(1) To pay unto the Lessor during the term hereby granted the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.
(2) From time to time and at all times during the said term to pay and discharge all rates, taxes, charges and assessments of every description which are now or
may at any time hereafter during the said term be imposed, charged or assessed upon the premises hereby demised or the buildings to be erected thereupon or the
landlord or tenant In respect thereof.
(3) Not to cut down any of the timber, fruit-trees or other trees now or at any time hereafter growing on the premises hereby demised without the previous
consent in writing of the Military Estates Officer/Cantonment Board but to preserve the same in good order.
(4) Not to make any excavations In the land hereby demised or remove any minerals, mineral substances of any description, sand or clay from the said land
without the consent in writing of and in accordance with the terms and conditions prescribed by the Military Estates Officer/Cantonment Board.
(5) Within ____________________ calendar months next after the date of these present at his/their own cost to erect and finish fit for habitation/use on the
premises hereby demised a dwelling house/____________________________ together with all necessary out-houses, sewers, drains and other appurtenances in
accordance with a plan to be approved in writing by the Cantonment Board under the provisions of the Cantonments Act and not to erect or suffer to be erected
on any part of the premises hereby demised any building other than and except the dwelling house/ _______________________________ hereby covenanted to
be erected without the previous consent in writing of the Officer Commanding-in-Chief, the Command.
(6) Not to make any alterations in the plan or elevation of the said dwelling house/___________________ without such consent as aforesaid nor to use the same
or permit the same to be used for any purpose other than that of a dwelling house/______________.
(7) At all times during the said term to keep the said dwelling house/_________________ and premises in good and substantial repair and on the expiration or
sooner determination of the said term peaceably to yield up the same in such good and substantial repair unto the Lessor.
(8) Upon every assignment, transfer or sub-lease of the premises hereby demised or any part thereof or within one calendar month thereafter to deliver a notice
of such assignment, transfer or sub-lease to the Military Estates Officer setting forth the names and descriptions of the parties to every such assignment, transfer
or sub-lease and the particulars and effect thereof.
(9) Not to assign, mortgage, transfer or sub-lease or create any interest in the premises hereby demised in favour of a foreigner, either directly or indirectly,
without the previous permission in writing of the Federal Government.
II. PROVIDED ALWAYS
that if any part of the rent hereby reserved shall be in arrear or unpaid for one calendar month next after any of the said days
whereon the same shall have become due whether the same shall have been demanded or not or if there shall have been in the opinion of the Military Estates
Officer/Cantonment Board any breach by the lessee/lessees or by any person claiming through or under him/them of any of the covenants or conditions
hereinbefore contained then and in such case the Lessor may notwithstanding the waiver of any previous cause or right of re-entry enter upon any part of the
premises hereby demised or of the buildings thereon in the name of the whole and thereupon the said premises and buildings shall remain to the use of and be
vested in the Lessor and this demise shall absolutely determine and the lessee/lessees shall not be entitled to any compensation whatever.
III. PROVIDED ALSO
that the expressions "President of Pakistan" and the "Lessee"/"Lessees" hereinbefore used shall unless such an interpretation be
inconsistent with the context include in the case of the former his successors and assigns and in the case of the latter his/their heirs, executors, administrators,
representatives and assigns.
The Schedule above referred to.
All that piece and parcel of land situate at _______________________ recorded in the General Land Register of the Cantonment as (part of)
Survey number
and bounded
on the North by
on the South by
on the East by
on the West by
IN WITNESS
whereof the parties hereto have set their hands, the day and year first above written.
Signed by
on behalf of the President of
Pakistan in the presence of
}
Witness-
Signed by abovenamed
in the presence of
}
Witness-
NOTE.- The Sanction of the Officer Commanding-in-Chief, the Command/Federal Government must be obtained before the lease is executed.
SCHEDULE IX-A: (BUILDING LEASE FOR A TERM OF NINETYNINE YEARS)
SCHEDULE IX-A.
See rule 31 (1)
BUILDING LEASE FOR A TERM OF NINETY·NINE YEARS.
THIS INDENTURE made the ____________________________ day of _____________________________ 19______________________________,
BETWEEN
the President of Pakistan (hereinafter called the Les or) of the one part and _______________ (hereinafter called the Lessee) of the other part.
WHEREAS
by virtue of rules made under Section 280 of the Cantonments Act, 1924, the Military Estates Officer, ________________ Circle,
________________________________ Cantonment (hereinafter called the Military Estates Officer), has agreed on behalf of the Lessor with the confirmation of
Government of Pakistan, Ministry of Defence, Military Lands and Cantonments Department letter No.
_________________________________________________________, dated ____________________________, to demise the plot of land hereinafter
described to the Lessee in manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH in consideration of Rs. _______________________________ (Rupees _________________________ ) paid on
or before the execution of these presents (the receipt whereof the Lessor hereby acknowledges) and of the rent hereinafter reserved and of the covenants on the
part of the Lessee hereinafter contained the Lessor doth hereby demise unto the lessee ALL THAT
C&B of land containing by admeasurement
_______________ square yards situated in Survey No. ____________ as Plot No. _________________ in _______________________ Cantonment of
_______________________ which said plot of land is more particularly described in the Schedule hereunder written and with the boundaries thereof is
delineated on the plan annexed to these presents and thereon coloured RED
.
TOGETHER WITH all rights, easements and appurtenances whatsoever to the said plot of land belonging or in any wise appertaining EXCEPTING AND
RESERVING unto the Lessor all mines, minerals, mineral substances of every description, sand and clay in or under the premises hereby demised with full
rights and liberty at all times to do acts and things which may be necessary or expedient for the purpose of searching for digging, working; obtaining, removing
and enjoying the same, making the Lessee reasonable compensation for all damage done and also all timber, fruit-trees and other trees (but not the fruit or leaves
of fallen branches of trees or branches of the trees) cut down with the written consent of Military Estates Officer with right of entry to mark, fell, cut and carry
away the same
TO HOLD
the premises hereby demised unto the Lessee for the term of ninety-nine (99) years from the ___________________________ day of
____________________________ 19 ______________________ rendering therefore during the said yearly rent of Rs.
_________________________________ (Rs. ______________________only) clear of all deductions by yearly payments on the
___________________________________ day of _____________________, in each year at the office of the Military Estates Officer or such other place as the
Military Estates Officer shall from time to time appoint in this behalf the first of such payments to be made on the _____________ day of
______________________, next.
I. AND THE LESSEE DOTH hereby covenant with the Lessor:-
(1) To pay unto the Lessor during the term hereby granted the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.
(2) From time to time and all time during the said term to pay and discharge all rates, taxes, charge and assessments of every decription which are now or may at
any time hereafter during the said term be Imposed, charged or assessed upon the premises hereby demised or the building, etc., to be erected thereon or the
landlord or tenant in respect thereof.
(3) Not to cut down any of the timber, fruit trees or other trees now or at any times hereafter growing on the premises hereby demised without the previous
consent in writing of the Military Estates Officer but to preserve the same in good order.
(4) Not to make any excavations in the land hereby demised or remove any minerals, mineral substances of any description, sand or clay from the said land
without the consent in writing of and in accordance with the terms and conditions prescribed by the Military Estates Officer.
(5) Within Twenty-Four (24) calendar months next after the date of these presents at his own cost to erect and finish fit for habitation/use on the premises hereby
demised a dwelling house/residential units together with all necessary outhouses, sewers, drains and other appurtenances in accordance with a plan to be
approved in writing by the Cantonment Board under the provisions of the Cantonments Act and not to erect or suffer to be erected on any part of the premises
hereby demised any building other than and except the dwelling house hereby covenanted to be erected without the previous consent in writing of the
Government of Pakistan.
(6) Not to make any alteration in the plan or elevation of the said dwelling house without such consent as aforesaid nor to use the same or permit the same to be
used for any purpose other than that of a dwelling house.
(7) To make the said residential building available on reasonable rent for the accommodation of Military Officers on payment of rent to be determined on the
basis of the cost of construction plus the actual lease charges.
(8) Not to sub-divide the demised plot without the sanction in writing of the Federal Government.
(9) At all times during the said term to keep the said dwelling house and premises in good and substantial repair and on the expiration or sooner determination of
the said term peaceably to yield up the same in such good and substantial repair unto the Lessor.
(10) Upon every assignment, transfer or sub-lease of tile premises hereby demised or any part thereof or within one calendar month thereafter to deliver a notice
of such assignment, transfer or sub-lease to the Military Estates Officer setting forth the names and descriptions of the parties to every such assignment, transfer
or sub-lease and the particulars and effect thereof.
(11) Not to assign, mortgage, transfer or sub-lease or create any interest in the premises hereby demised in favour of a foreigner, either directly or indirectly,
without the previous permission in writing of the Federal Government.
II. PROVIDED ALWAYS
that if any part of the rent hereby reserved shall be in arrear or unpaid for one calendar month next after any of the said day whereon
the same shall have become due whether the same shall have been demanded or not or if there shall have been in the opinion of the Military Estates
Officer/Cantonment Board any breach by the lessee/lessees or by any person claiming through or under him/them of any of the covenants or conditions
hereinbefore contained then and in such case the Lessor may notwithstanding the waiver of any previous cause or right of re-entry enter upon any part of the
premises hereby demised or of the buildings thereon in the name of the whole and thereupon the said premises and buildings shall remain to the use of and be
vested in the Lessor and this demise shall absolutely determine and the lessee/lessees shall not be entitled to any compensation whatever.
III. PROVIDED ALSO
that the expressions "Lessor' and the "Lessee" hereinbefore used shall unless such an interpr.etation be inconsistent with the context
include in the case of the former his successors and assigns and in the case of the latter his heirs, executors, administrators, representatives and assigns.
IV. PROVIDED ALSO
that at the end of the terms of this lease the 'Lessor' and the 'Lessee' will at the request and cost of the Lessee execute in favour of the
lessee a new lease of the demised land renewing and continuing the covenants, provisions and conditions in these presents contained for another period of
ninety-nine (99) years.
THE SCHEDULE above referred to.
All that piece and parcel of land situate at ___________________________ as recorded in the General Land Register of the Cantonment of
__________________________as plot No._________________________________ measuring Survey No. _______________________ in
________________________________________ Cantonment and bounded by:-
On the North by
On the South by
On the East by
On the West by
IN WITNESS
whereof the parties have hereto set their hands the day and year first written above.
Signed by
on behalf of the President of
Pakistan,
in the presence of
Witnesses:-
Signed by above-named
In the presence of witness:
SCHEDULE IX-B: (FOR A TERM OF NINETY-NINE (99) YEARS RENEWABLE FOR A FURTHER PERIOD OF NINETY-NINE YEARS)
"SCHEDULE IX-B
See rule 31 (1)
FOR A TERM OF NINETY·NINE (99) YEARS RENEWABLE FOR A FURTHER PERIOD OF NINETY ·NINE (99) YEARS
This indenture made the ______________________________ day of __________________________ 20 ______________________ (Two thousand),
BETWEEN the President of Pakistan (hereinafter called the Lessor including his successors in office and assigns) of the One Part and Housing Directorate
under AG's Branch in GHQ, Rawalpindi established under Govt of Pakistan, Ministry of Defence letter No.7775/951)/(HDIF-511D-14/82 dated 20th May, 1982
(hereinafter called the Housing Directorate) which shall, where the context so admits, include its executors, administrators, representative and assigns of the
Second Part and _______________________ (hereinafter called the Lessee and which term shall where the context so admits include his/her heirs, successors,
executors, representative, allottees and assigns) of the Third Part.
WHEREAS by virtue of rules made under section 280 of the Cantt Act, 1924, the Military Estate Officer, _____________________ circle
_____________________ Cantonment, on behalf of the Lessor had a lease dated _________________ hereinafter referred to as the lease between the lessor and
Housing Dte with the confirmation of the Government of Pakistan, Ministry of Defence, Military Lands and Cantonments Department, Rawalpindi, authorised
the Housing Directorate to enter upon the entire area of land shown in the attached plan to the lease of which plot/apartment No.___________________
measuring ____________________ is a part and the possession of which had already been taken over by the Housing Directorate and allotted further to its
members subject to the terms and conditions contained in the lease.
AND WHEREAS per building plans prepared by the Housing Directorate, AG's Branch, GHQ, Rawalpindi, under the Officers Housing Scheme authorised vide
Govt of Pakistan Ministry of Defence (Army Branch) letter No.777S/9S1IHDIFS1/D-14/82 dated 20th May, 1982, the said Housing Directorate have
constructed and made fit for habitation independent houses/ semi-detached
houses/multi storied building comprising apartments/flats, etc for allotment to its members.
I. NOW THIS INDENTURE THEREFORE WI TNESSETH as under:-
(i) That in consideration of the lessee having paid the premium of Rs. _________________ and agreed to pay rent of Rs. _____________ herein reserved and
the covenants by the lessee herein contained the lessor doth hereby lease and demise unto the lessee all that 1/6th or 1/8th undivided share (
_______________________ ) on plot of land and measuring _______________________ on which apartment No. _____________________ of buildings/block
No. _____________________ (covered area ____________ ) together with a motor garage No. _____________________ and delineated as per plan attached,
OR House No. _______________ having plot area measuring: ________________________. and covered area measuring ____________ and delineated as per
plan attached:
OR Plot of land containing admeasurements_________________________ situated in Svy No. _______________________ as plot No.
_________________ in ______________________ Cantonment which said plot of land is more particularly described in schedule hereunder written and
with the boundaries thereof is delineated on the plan Annexed to these presents
for the period ending on ________________________ excepting and
reserving upto the Lessor at all times hereinafter the rights of passage and running of water and sewerage, electricity, telephone or any other service/services
from the adjoining neighbouring land and the buildings now erected thereon through sewers, drains, pipes and channels in or under the land on which such
demised apartment is constructed and to make connection with such sewers, drains, pipes, channels or any of them for the purpose of exercising the said right of
running of water and sewerage yielding and paying thereinafter during the said term on yearly rent of Rs. _____________________________ payable in
advance every year on or before 1st July.
(ii) That the Lessee shall have the right in the case of multi-storeyed apartment/flats to use jointly with all other occupants of the same building the stair case,
landing, terrace, water tank, water supply lines, drainage lines, water pumps and other, common amenities of the. building and shall contribute proportionate
share of any expenses incurred on its maintaining, repairing, replacement or constructing the same and the lessee shall be liable and responsible for the
maintenance of the apartment lease to him.
(iii)
That the Lessee shall erect within twenty four (24) Calendar months a House on vacant plot in accordance with a plan to be approved in writing by
AG's Branch (Housing Dte) GHQ Rawalpindi, And.
The lessee shall not without the previous consent of the Housing Directorate, GHQ or the Lessor in
writing be entitled to any right of access or light or air or, any other easements to the said premises/house/flat/apartment which shall restrict or interfere with the
use of any adjoining building or neighbouring land.
(iv) That the lessee may transfer the demised premises/house/apartment/
plot
to his legal heirs being inheritable.
(v) At any time during the said term, the lessee shall not without the previous consent of the Housing Directorate, GHQ or the Lessor, erect or suffer to be
erected any structures or erections nor without the like consent of the Lessor make any structural alterations or additions, whatsoever, in or to the structure of
said apartment/flat/house. Any breach of this covenant by the lessee will render this lease liable to forfeiture and determination! cancellation.
(vi) The Lessee shall pull down and remove forthwith any buildings and additions erected or made in contravention of the provisions hereinabove stated and in
breach of the Lessee's covenants, and shall immediately rectify the consequences of such breach.
(vii) The Lessee shall not use the said apartment/
plot
or suffer the same to be used for any business, manufacture or occupation or any purpose or in any manner
which may be nuisance to the lessor or the occupiers of adjacent apartments or premises. in the neighbourhood.
viii) The Lessee shall permit the Housing Directorate, GHQ or the lessor and its contractors, agents, servants or workmen at all reasonable times to enter unon
the said apartment for the purpose of ascertaining to observance of these covenants or for maintaining, testing or repairing service main, pipes, cable, drains,
sewers or culverts whenever so deemed necessary or as occasion may require.
(ix) The Lessee shall be responsible to carry out at his own cost all the necessary repairs in the said apartment including the repairs of the floor so as to prevent
leakage of the roof of the apartment next below the said apartment, and shall not be entitled to any disbursement of the expenses so incurred or any part thereof
from other lessees of the subplot/apartment over which the said apartment is situated, merely on the ground of such situation. In case of failure by lessee to keep
the floor of the said apartment in good repair/resulting in damage to the ceiling and walls of the apartment next below the said apartment, the lessee shall be
liable to get the ceiling and wall of the apartment so affected repaired and restored to their original conditions at his own cost.
(x) That in the event of damage to or demolition of the said apartment or any part thereof, by fire storm, earthquake accident or any other cause the lessee shall
be responsible within a reasonable time to carry out the reconstruction, restoration or repairs as the case may be, at his own cost, of the whole structure of the
said apartment inclusive of the roof. The lessee, however, in such case shall not be liable to reconstruct the roof of the apartment next below excepting the
plastering or tiling of his own floor. No such reconstruction or renovation shall be carried out without the prior approval by the LESSOR. Building plan will be
submitted by the lessee for approval by the Lessor.
(xi) The said apartment/flat/house/
plot
is not divisible.
II. AND THE LESSEE DOTH
hereby covenant by the Lessor:
(I) To pay unto the lessor during the term hereby, granted the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.
(ii) From time to time and at all times during the said term to pay and discharge all rates, taxes, charges and assessment of every description which are now or
may at any time hereafter during the said term be imposed, charged or assessed upon the premises, house/flat/apartment hereby demised or the landlord or tenant
in respect thereof.
(iii) Not to cut down any of the timber fruit trees or other trees now or at any times hereafter growing on the premises hereby demised without the previous
consent in writing of the Military Estates Officer but to preserve the same in good order.
(iv) Not to make any excavation in the land hereby demised or remove any minerals, mineral substances of any description, sand or clay from the said land
without the consent in writing of and in accordance with the terms and conditions prescribed by the Military Estates Officer.
(v) Not to assign, mortgage, transfer or sublease or create any interest in the premises hereby demised in favour of a foreigner, either directly or indirectly,
without the previous permission in writing of the Federal Government.
(vi) Not to assign, transfer or sublease the premises hereby demised without previous consent in writing of the Federal Government.
(vii) The lessee shall offer the premises to the Army for sale, in the first instance and in case the Army Authorities are unable to purchase it the lessee shall be at
liberty to dispose it of to any person except foreigners, provided that prior permission in writing has been obtained from GHQ(Qtg Dte) through Housing
DIrectorate after clearance from local army formation and after payment of necessary transfer fees as approved and fixed from time to time by the Governing
Body of the Housing Scheme.
(viii) To make the said residential building available on reasonable rent for the accommodation of Military Officers on payment of rent to be determined on the
basis of the annual rental value assessed by the Local Cantonment Board/Station HQ. In case the Military Authorities are not interested to acquire the said
building on rent, the lessee shall be at liberty to rent out the said building to any other person, except foreigners, for residential purpose only, provided that prior
clearance/permission in writing has been obtained from GHQ (Housing Directorate) to rent out the said building to a particular person giving details of the
rentee. This permission will be necessary for every change of tenancy and will be granted only after clearance from the local army formation.
(ix) Not to make any alteration in the plan or elevation of the said dwelling houses without such consent as aforesaid.
(x) Not to use the same or permit the same to be used for any other purpose than that of a residential unit.
(xi) At all times during the said term to keep the said dwelling house and premises in good and substantial repair and on the expiration or sooner determination
of the said term peaceably to yield up the same in such good and substantial repair unto the Lessor.
III. PROVIDE ALWAYS that if any part of the rent hereby reserved shall be in arrear or unpaid for one calendar month next after any of the said day whereon
the same shall have become due whether the same shall have been demanded or not or if there shall have been in the opinion of the Military Estates Officer any
breach by the lessee or by any person claiming though or under him or any of the covenants or conditions hereinbefore contained then and in such case the
Lessor may notwithstanding the waiver of any previous cause or right of re-entry enter upon any part of premises hereby demised or of the building thereon in
the name of the whole and thereupon the said premises and buildings shall remain to the use of and be vested in the Lessor and the demise shall absolutely
determine and the lessee s.hall not be entitled to any compensation whatever.
IV. PROVIDED ALSO
that at the end of the terms of this lease the lessor will at the request and cost of the lessee execute in favour of the lessee a new lease of
the demised land renewing and containing the covenants, provision and conditions in these present contained for another period of ninety nine (99) years.
Schedule of the premises/house/apartment/
plot:-
House No. ______ measuring ________ formatting part of building/block No. __________ being undivided 1/6th and 1/8th share of the land measuring
_____________ and bounded as follows OR plot _________ No. Svy No. _______ measuring ____________
bounded as follows
:-
On the North by:-
On the South by:-
On the East by:-
On the West by:-
With apartment No. ____________ over head
With Apartment No. _____________ below
And Garage No. ____________ of Apartment No. ____________
Measuring ________________ Square Yards and delineated as under:-
On the North by:-
On the South by:-
On the East by:-
On the West by:-
V. IN WITNESS WHEREOF the parties have set their hands the day and year first written above.
Signed by
Military Estates Officer
______________________
On behalf of the president of
Pakistan in the presence of:-
________________________
(MEO)
Witnesses:-
Signed by above named
Lessee in the presence of:-
________________________
________________________
_______________________
(Lessee)
N.I.C. No. ______________________
Witnesses:-
No. 1 ________________
N.I.C. No. ____________
No.2 _________________
N.I.C. No. _____________
SCHEDULE IX-C: (BUILDING LEASE FOR RESIDENTIAL PURPOSES FOR A TERM OF NINETY-NINE YEARS RENEWABLE FOR ANOTHER
SIMILAR TERM AT THE OPTION OF THE LESSEE)
SCHEDULE IX-C.
See rule 31(1)
BUILDING LEASE
FOR RESIDENTIAL PURPOSES FOR A TERM OF NINETY-NINE YEARS
RENEWABLE FOR ANOTHER SIMILAR TERM AT THE OPTION
OF THE LESSEE
THIS INDENTURE made the ________________ day of ____________________ 20_________________
BETWEEN
the President of Pakistan (hereinafter
called the Lessor) of the One Part and _______________________ (hereinafter called the Lessee) of the Other Part.
WHEREAS by virtue of rules made under Section 280 of the Cantonments Act, 1924, the Military Estates Officer, ________________ (hereinafter called the
Military Estates Officer), has agreed on behalf of the Lessor with confirmation of _______________ Military Lands and Cantonments, ______________ letter
No. __________ dated the ______________, 20 _________________, to demise the plot of land hereinafter described to the lessee in manner hereinafter
appearing.
NOW THIS INDENTURE WITNESSETH in consideration of the premium of Rupees ______________ paid on or before the execution of these presents (the
receipt whereof the Lessor hereby acknowledges) and of the rent hereinafter reserved and of the covenants on the part of the lessee hereinafter contained the
lessor doth hereby demise, unto the lessees
ALL THAT
plot of land containing by admeasurement _________ situated at Survey No. _________________ in
Cantonment of _____________________ which said plot of land is more particularly described in the Schedule hereunder written and with the boundaries
thereof as delineated on the plan annexed to these presents and thereon coloured
RED TOGETHER
with all right easement and appurtenances whatsoever to
the said plot of land belonging or in wise appertaining EXCEPTING AND RESERVING unto the lessor all mines, minerals, mineral substances of every
description sand and clay in or under the premises hereby demised with full right and liberty at all times to do all acts and things which may be necessary or
expedient for the purpose of searching for digging working obtaining removing and enjoying the same making the lessees reasonable compensation for all
damage done and also all timber fruit trees and other trees (but not the fruit or leaves or fallen branches of trees cut down with the written consent of the Military
Estates Officer with right of entry to mark, fell, cut and carry away the Same TO HOLD
the premises hereby demised unto the lessee for the term of ninety-nine
(99) years from the _____________ day of _____________, 20___________, rendering therefore the yearly rent of Rupees _____________________ clear of
all deductions by yearly payment on the ___________ day of _________________, in each year at the office of the Military Estates Officer or such other place
as Military Estates Officer shall from time to time appoint in this behalf the first of such payment to be made on the __________day of _____________, Next.
I. AND THE LESSEE DOTH
hereby covenant with the Lessor:-
1. To pay unto the Lessor the yearly rent hereby reserved on the day and in the manner hereinbefore appointed.
2. From time to time and at all times to pay and discharge all rates, taxes, charges and assessments of every description which are now or may at any time
hereafter be imposed, charged or assessed upon the premises hereby demised or the building to be erected thereupon or the landlord or tenant in respect thereof.
3. Not to cut down any of the timber, fruit trees or other trees now or at any times hereafter growing on the premises hereby demised without the consent in
writing of the Military Estates Officer but to preserve the same in good order.
4. Not to make any excavation in the land hereby demised or remove any minerals, mineral substances of any description, sand or clay from the said land
without the consent of and in accordance with the terms and conditions prescribed by the Military Estates Officer.
5. Within twelve (12) calendar months next after the date of tliese presents at his own cost to erect and finish fit for habitation/use of the premises hereby
demised a residential building/residential together with all necessary ogt-houses, sewers,
drains and other appurtenances in accordance with a plan lti be approved in writing by the Cantonment Board under the provision of the Cantonment Act and not
to erect or suffer to be erected on any part of the premises hereby demised any building other than and except the residential building hereby covenanted to be
erected without the previous consent in writing of the Lessor.
6. Not to make any alteration in the plan or elevation of the said residential building without such consent as aforesaid nor to use the same or permit the same to
be used for any purposes other than that of a residential building.
7. At all times to keep the said residential building and premises in good and substantial repair and on the determination of this lease peaceably yield up the
same in such good and substantial repair to the Lessor.
8. Upon every assignment transfer or sub-lease of the premises hereby demised or any part thereof but not less than Sq. Yds. within one calendar month
thereafter to deliver a notice of such assignment transfer or sub-lease to the Military Estates Officer setting forth the names and description of the parties to
every such assignment transfer or sub-lease and the particulars and effect thereof.
9. Not to assign, mortgage, transfer or sub-lease or create any interest in the premises hereby demised in favour of a foreigner, either directly or indirectly,
without the previous permission in writing of the Federal Government.
II. PROVIDED ALWAYS
that if any part of the rent hereby reserved shall be in arrear or unpaid for one calendar month next after any of days whereon the
same shall have become due whether the same shall have been demanded or not or if there shall have been in the opinion of the Military Estates Officer any
breach by the Lessee or by any person claiming through or under
them of any of the covenants or conditions hereinbefore contained then and in such case the Lessor may notwithstanding the waiver of any previous cause or
right of re-entry enter upon any part of the premises hereby demised or of the building thereon in the name of the whole and thereupon the said premises and
building shall remain to the use of and be vested in the Lessor and the demise shall absolutely determine and the Lessee shall not be entitled to any
compensation whatever.
III. PROVIDED ALSO
that the Lessor will, at the request and cost of the lessees at the expiry of the term of years hereby granted, execute a new lease for the
premises hereby demised by way of renewal for another term of ninety-nine (99) years only at double the rate of the rent hereby reserved.
IV. PROVIDED ALSO that at the expression Lessor and the Lessees hereinbefore used shall unless such an interpretation be inconsistent with the context
include in the case of the former his successors and assigns and in the case of the latter their heirs personal representatives and assigns.
THE SCHEDULED ABOVE REFERRED TO.
All that piece and parcel of land situated at _______________________ Cantonment recorded in the General Land Register of the Cantonment as
Survey No. ______________________, and bounded:-
On the North by:
On the South by:
On the East by:
On the West by:
V. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first written above.
Signed by
Military Estates Officer
________________________
(MEO)
______________________
On behalf of the president of
Pakistan in the presence of:-
Witnesses:-
Signed by above named
Lessee in the presence of:-
________________________
_______________________
(Lessee)
N.I.C. No. ______________________
Witnesses:-
No. 1 ________________
N.I.C. No. ____________
No.2 _________________
N.I.C. No. _____________
SCHEDULE X: (BUILDING LEASE IN PERPETUITY)
SCHEDULE X.
See rule 31 (1).
BUILDING LEASE IN PERPETUITY.
THIS INDENTURE made the ______________ day of _________________ BETWEEN THE President of Pakistan (hereinafter called the Lessor) of the one
part and ______________________ (hereinafter called the lessee/lessees), of the other part.
WHEREAS
by virtue of rules made under section 280 of the Cantonments Act, 1924, the Military Estates Officer/Cantonment Board of
________________________________ Cantonment (hereinafter called the Military Estates Officer/Cantonment Board) has agreed on behalf of the Lessor with
the confirmation of _______________ to demise the plot of land hereinafter described to the lessee/lessees in manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH in consideration of the premium of rupees _______________ paid on or before the execution of these presents
(the receipt whereof the Lessor hereby acknowledges) and of the rent hereinafter reserved and of the covenants on the part of the lessee/lessees hereinafter
contained the Lessor doth hereby demise unto the lessee/lessees
ALL THAT
plot of land containing by admeasurement ___________________________
situate at _______________ in the Cantonment of _____________________________ which said plot of land is more particularly described in the Schedule
hereunder written and with the boundaries thereof is delineated on the plan annexed to these presents and thereon coloured _________________________
TOGETHER with all rights, easements and appurtenances whatsoever to the said plot of land belonging or in any wise appertaining
EXCEPTING AND
RESERVING unto the Lessor all mines, minerals, mineral substances of every description, sand and clay in or under the premises hereby demised with full
right and liberty at all times to do all acts and things which may be necessary or expedient for the purpose of searching, for digging, working, obtaining,
removing, enjoying the same, making the lesseellessees reasonable compensation for all damage done and also all timber, fruit-trees and other trees (but not the
fruit or leaves or fallen branches of trees cut down with the written consent of the Military Estates Officer/Cantonment Board) with right of entry to mark, fell,
cut and carry away the same
TO
HOLD
the premises hereby demised unto the lessee/lessees in perpetuity from the ______ day of _______________ rendering
therefor the yearly rent of Rs. ___________________________ clear of all deductions by equal half-yearly payments on the __________________ day of
__________________ and the _____________ day of each year at the office of the Military Estates Officer/Cantonment Board or such other places as the
Military Estates Officer/Cantonment Board shall from time to time appoint in this behalf the first of such payments to be made on the ________ day of
___________ next.
I. AND THE LESSEE DOTHILESSEES DO hereby covenant with the Lessor:-
(1) To pay unto the Lessor the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.
(2) From time to time and at all times to pay and discharge all rates, taxes, charges and assessments of every description which are now or may at any time
hereafter be imposed, charged or assessed upon the premises hereby demised or the buildings to be erected thereupon or the landlord or tenant in respect thereof.
(3) Not to cut down any of the timber, fruit-trees or other trees now or at any time hereafter growing on the premises hereby demised without the consent in
writing of the Military Estates Officer/Cantonment Board but to preserve the same in good order.
(4) Not to make any excavations in the land hereby demised or remove any minerals, mineral substances of any description, sand or clay from the said land
without the consent of and in accordance with the terms and conditions prescribed by the Military Estates Officer/Cantonment Board.
(5) Within __________________________________ calendar months next after the date of these presents at his/their own cost to erect and finish fit for
habitation/use on the premises hereby demised a dwelling house/ _____________________ together with all necessary out-houses, sewers, drains and other
appurtenances in accordance with a plan or plans to be approved in writing by the Cantonment Board under the provisions of the Cantonments Act and not to
erect or suffer to be erected on any part of the premises hereby demised any building other than and except the dwelling house/ _________________ hereby
covenanted to be erected without the previous consent in writing of the Officer Commanding-in-Chief, the Command.
(6) Not to make any alterations in the plan or elevation of the said dwelling house/ ____________ without such consent as aforesaid nor to use the same or
permit the same to be used for any purpose other than that of a dwelling house/_____________.
(7) At all times to keep the said dwelling house/ ____________ and premises in good and substantial repair and on the determination of this lease peaceably to
yield up the same in such good and substantial repair unto the Lessor.
(8) Upon every assignment, transfer or sub-lease of the premises hereby demised or any part thereof or within one calendar month thereafter to deliver a notice
of such assignment, transfer or sub-lease to the Military Estates Officer setting forth the names and description of the parties to every such assignment, transfer
or sub-lease and the particulars and effect thereof.
(9) Not to assign, mortgage, transfer or sub-lease or create any interest in the premises hereby demised in favour of a foreigner, either directly or indirectly,
without the previous permission in writing of the Federal Government.
II. PROVIDED ALWAYS that if any part of the rent hereby reserved, shall be in arrear or unpaid for one calendar month next after any of the days whereon the
same shall have become due whether the same shall have been demanded or not or if there shall have been in the opinion of the Military Estates
Officer/Cantonment Board any breach by the lessee/lessees or by any person claiming through or under him/them of any of the covenants or conditions
hereinbefore contained then and in such case, the Lessor may notwithstanding the waiver of any previous cause or right of re-entry enter upon any part of the
premises hereby demised or of the buildings shall remain to the use of and be vested in the Lessor and this demise shall absolutely determine and the
lessee/lessees shall not be entitled to any compensation whatever.
III. PROVIDED ALSO that the rent of the premises hereby demised shall be subject to revision at the end of each successive period of not less than thirty
years but the enhancement if any shall in no case exceed fifty per cent of the rent payable during the period immediately preceding the period in respect of which
such revision is made.
IV. PROVIDED ALSO that the expressions "Lessor" and the "lessee"/"lessees" hereinbefore used shall, unless such an interpretation be inconsistent with the
context include in the case of the former his successors and assigns 'and in the case of the latter, his/their heirs, personal representatives and assigns.
The Schedule above referred to.
All that piece and parcel of land situate at ________________ recorded in the General Land Register of the cantonment as (part of) Survey number
________________
and bounded ------
on the North by
on the South by
on the East by
on the West by
IN WITNESS
whereof the parties have hereto set their hands the day and year first written above.
Signed by
on behalf of the
President of Pakistan
in the presence of
Witness-
Signed by above-named
in the presence of
Witness-
NOTE.- The sanction of the Officer Commanding-in-Chief, the Command/Federal Government must be obtained before the lease is executed.
SCHEDULE X (MODIFIED): (LEASE FOR NINETY YEARS)
SCHEDULE X (Modified).
LEASE FOR NINETY YEARS.
THIS INDENTURE made the __________________ day of ______________
BETWEEN
the President, Islamic Republic of Pakistan (hereinafter called the
Lessor) of the one part and _______________________ (hereinafter called the lessee/lessees), of the other part.
WHEREAS by virtue of rules made under section 280 of the Cantonments Act, 1924, the Military Estates Officer ________________ of Cantonment
(hereinafter called the Military Estates Officer/Cantonment Board) has agreed on behalf of the Lessor with confirmation of ____________________ to demise
the plot of land/or buildings thereon hereinafter described to the lessee/lessees in manner hereinafter appearing for the purpose of Residential/Commercial
buildings as defined in Government of Pakistan, Ministry of Defence letter No.18/121/L/AD/AlML&C/65/1280/D-12/ML&C., dated 24-3-1980, as amended
vide Ministry of Defence letter No. 72/45/Lands/87/30351D-121ML&C/89, dated 1st August, 1989.
NOW THIS INDENTURE WITNESSETH in consideration of the premium of rupees _________________ paid on or before the execution of these presents
(the receipt whereof the Lessor hereby acknowledges) and of the rent hereinafter reserved and of the covenants on the part of the lessee/lessees hereinafter
contained the Lessor doth hereby demise unto the lessee/lessees ALL THAT plot of land and/or any buildings thereon containing by admeasurement
_______________ situate at ____________________ in the Cantonment of ________________ which said plot of land is more particularly described in the
Schedule hereunder written and with the boundaries thereof is delineated on the plan annexed to these presents and thereon coloured ________________
TOGETHER with all rights, easements and appurtenances whatsoever to the said plot of land belonging or in any way appertaining
EXCEPTING AND
RESERVING
unto the Lessor all mines, minerals, mineral substances of every description in or under the premises hereby demised with full rights and liberty
at all times for the purpose of searching or digging, working, obtaining, removing, and enjoying the same, making the lessee reasonable compensation for all
damage done. TO HOLD the premises hereby demised unto the lessees for the term of NINETY YEARS from the day of __________________ rendering
therefor during the said term the yearly rent of Rs. ______________ clear of all deductions by yearly payment on the _______________ day of in each year at
the office of the Military Estates Officer or such other place as the Military Estates Officer shall from time to time appoint in this behalf, the first of such
payments to be made on the ____________________ day of next month.
I. AND THE LESSEE DOTHILESSEES DO hereby covenant with the Lessor:-
(1) To pay unto the Lessor during the term hereby granted the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.
(2) From time to time and at all times during the said term to pay and discharge all rates, taxes, charges and assessments of every description which are now or
may at any time hereafter during the said term be imposed, charged or assessed upon the premises hereby demised or the buildings to be erected thereupon or the
landlord or tenant in respect thereof.
(3) Not to remove any minerals or mineral substances of any description from the land.
(4) At all times during the said term to keep the said buildings and premises in good and substantial repair and on the expiration of the said term peaceably to
yield up the same in such good and substantial repair unto the Lessor.
(5) Within twelve calendar months next after the date of these presents at his own cost to erect and finish ________________________ on the premises hereby
demised Residential/Commercial buildings as defined in the Ministry of Defence letter No. 18/121/L/AD/AIML&C/65/12801O-121ML&C, dated 24th March,
1980, as modified vide Ministry of Defence letter No. 72/45/Lands/87/30351O12IML&C/89, dated 1st August, 1989, in accordance with a plan or plans to be
approved in writing by the Cantonment Board under the provisions of the Cantonments Act and not to erect or suffer to be erected on any part of the premises
hereby demised any building other than and except the buildings hereby covenanted to be erected without the previous consent in writing of the Cantonment
Board.
(6) Not to assign, mortgage, transfer or sub-lease or create any interest in the premises hereby demised in favour of a foreigner, either directly or indirectly,
without the previous permission in writing of the Federal Government.
(7) Not to make any alteration in the plan or elevation of the said building without such consent as aforesaid nor to use the same or permit the same to be used
for any purpose other than that of _________________.
(8) Upon every assignment, transfer or sub-lease of the premises hereby demised or any part thereof within one calendar month thereafter to deliver a notice of
such assignment, transfer or sub-lease to the Military Estates Officer/Cantonment Board setting forth the names and descriptions of the parties to every such
assignment, transfer or sub-lease and the particulars and effect thereof.
II. PROVIDED ALWAYS that if any part of the rent hereby reserved, shall be in arrear or unpaid for one calendar month-next after any of the days whereon the
same shall have become due whether the same shall have been demanded or not or if there shall have been in the opinion of the Military Estates
Officer/Cantonment Board any breach by the lessee or by any person claiming through or under him of any of the covenants or conditions hereinbefore
contained then and in such case, the Lessor may notwithstanding the waiver of any previous cause or right of re-entry enter upon any part of the premises hereby
demised or of the buildings thereon in the name of the which and thereupon the said premises and buildings shall remain to the use of
and be vested in the Lessor and this demise shall absolutely determine and the lessee shall not be entitled to any compensation whatever.
III. PROVIDED ALWAYS that the expressions "Lessor" and the "Lessee"/"Lessees" hereinbefore used shall, unless such interpretation be inconsistent with the
context include in the case of former his successors and assigns and in the case of the latter his/their heirs, executors, administrators, representatives and
assignees.
THE SCHEDULE ABOVE REFERRED TO.
All that piece and parcel of land situate at ____________________________ recorded in the General Land Register of the cantonment as (part of) Survey
number and bounded-
on the North by
on the South by
on the East by
on the West by
IN WITNESS WHEREOF the parties have hereto set their hands the day and year first written above.
Signed by __________________
on behalf of the President of the Islamic Republic
of Pakistan
____________________
(MEO/CEO)
Witness
______________
Signed by the above-named
_________________________
in the presence of
_______________________
LESSEE/LESSEES
Witness
___________________
___________________________
SCHEDULE XI: (BUILDING LEASE IN PERPETUITY ON FAVOURABLE TERMS FOR A PUBLIC PURPOSE)
SCHEDULE XI.
See rule 31(2).
BUILDING LEASE IN PERPETUITY ON FAVOURABLE
TERMS FOR A PUBLIC PURPOSE.
THIS INDENTURE made the _________ day of ________________ 19 ____________________ BETWEEN THE President of Pakistan (hereinafter called
the Lessor) of the one part and ___________________ (hereinafter called the lessee/lessees) of the other part.
WHEREAS by virtue of rules made under section 280 of the Cantonments Act, 1924, the Military Estates Officer/Cantonment Board ____________________
Cantonment (hereinafter called the Military Estates Officer/Cantonment Board) has agreed on behalf of the Lessor to demise the plot of land hereinafter
described to the lessee/lessees in manner hereinafter appearing for the purpose of building a _________________________________________.
NOW THIS INDENTURE WITNESSETH in consideration of the rent hereinafter reserved and of the covenants on the part of the lessee/lessees hereinafter
contained the Lessor doth hereby demise unto the lessee/lessees ALL THAT plot of land containing by admeasurement ______________________ situate at
__________________________ Cantonment of ______________________ which said plot of land is more particularly described in the schedule hereunder
written and with the boundaries thereof is delineated on the plan annexed to these presents and thereon coloured _____________ TOGETHER
with all rights,
easements and appurtenances whatsoever to the said plot of land belonging or in any wise appertaining
TO HOLD
the premises hereby demised unto the
lessee/lessees in perpetuity from the __________________ day of _______________________ rendering therefor the yearly rent of Rs.
________________________ clear of all deductions on the ______________________ day of _________________________ in each year at the office of the
Military Estates Officer/Cantonment Board/or such other place as the Military Estates Officer/Cantonment Board shall from time to time appoint in this behalf
the first of such payments to be made on the _____ day of ___________________next.
I. AND THE LESSEE DOTHILESSEES DO hereby covenant with the Lessor:-
(1) To pay unto the Lessor the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.
(2) From time to time and at all times to pay and discharge all rates, taxes, charges and assessments of every description which are now or may at any time
hereafter be imposed, charged or assessed upon the premises hereby demised or the buildings to be erected thereupon or the landlord or tenant in respect thereof.
(3) Within _________________ calendar months next after the date of these presents at his/their own cost to erect and finish fit for use on the premises hereby
demised a _______________________ in accordance with a plan or plans to be approved inwriting by the Cantonment Board under the provisions of the
Cantonments Act, and not to erect or suffer to be erected on any part of the premises hereby demised any building other than and except the
_________________________ hereby covenanted to be erected without the previous consent in writing of the Officer Commanding-in-Chief, the Command.
(4) Not to make any alterations in the plan or elevation of the said __________________________ without such consent as aforesaid nor to use the same or
permit the same to be used for any purpose other than that of a ___________________________.
(5) At all times to keep the said ________________________________ and premises in good and substantial repair and on the determination of this lease
peaceably to yield up the same in such good and substantial repair unto the Lessor.
(6) Upon every assignment, transfer or sub-lease of the premises hereby demised or any part thereof or within one calendar month thereafter to deliver a notice
of such assignment, transfer or sub-lease to the Military Estates Officer setting forth the names and description of the parties to every such assignment, transfer
or sub-lease and the particulars and effect thereof.
(7) Not to assign, mortgage, transfer or sub-lease or create any interest in the premises hereby demised in favour of a foreigner, either directly or indirectly,
without the previous permission in writing of the Federal Government.
II. PROVIDED ALWAYS
that if any part of the rent hereby reserved shall be in arrear or unpaid for one calendar month next after any of the days whereon the
same shall have become due whether the same shall have been demanded or not or if there shall have been in the opinion of the Military Estates
Officer/Cantonment Board any breach by the lessee/lessees or by any person claiming through or under him/them of any of the covenants or conditions
hereinbefore contained then and in such case the Lessor may notwithstanding the waiver of any previous cause or right for re-entry enter upon any part of the
premises hereby demised or of the buildings thereon in the name of the whole and thereupon the said premises and buildings shall remain to the use of and be
vested in the Lessor and this demise shall absolutely determine and the lessee/lessees shall not be entitled to any compensation whatever.
III. PROVIDED ALSO
that the expressions "President of Pakistan" and the "lessee"/"lessees" hereinbefore used shall unless such an interpretation be
inconsistent 'with the context include in the case of the former his successors and assigns and in the case of the latter his/their heirs, executors, administrators,
representatives and assigns.
The Schedule above referred to.
All that piece and parcel of land situate at ___________________ recorded in the General Land Register of the cantonment as (part of) Survey number
________________________
and bounded-
on the North by
on the South by
on the East by
on the West by
IN WITNESS
whereof the parties have hereto set their hands the day and year first written above.
Signed by
on behalf of the
President of Pakistan
in the presence of
Witness-
Signed by above-named
in the presence of
Witness-
NOTE.- The sanction of the Federal Government must be obtained before the lease is executed.
SCHEDULE XI-A: (BUILDING LEASE IN PERPETUITY ON FAVOURABLE TERMS FOR HOSPITALS/ EDUCATIONAL INSTITUTIONS/RELIGIOUS
PURPOSES)
SCHEDULE Xl-A.
BUILDING LEASE IN PERPETUITY
ON FAVOURABLE TERMS FOR HOSPITALS/
EDUCATIONAL INSTITUTIONSIRELIGIOUS PURPOSES.
THIS INDENTURE made the ___________________________ day of ___________________________
BETWEEN
the President of Pakistan (hereinafter
called the Lessor) of the one part and ______________________ (hereinafter called the lessee/lessees) of the other part.
WHEREAS
by virtue of rules made under section 280 of the Cantonments Act, 1924, the Military Estates Officer/Cantonment Board of
________________________________ Cantonment (hereinafter called the Military Estates Officer/Cantonment Board) has agreed on behalf of the Lessor with
the confirmation of __________________ to demise the plot of land hereinafter described to the lessee/lessees in manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH in consideration of the premium of rupees _____________________ paid on or before the execution of these
presents (the receipt whereof the Lessor hereby acknowledges) and of the rent hereinafter reserved and of tile covenants on the part of the Jessee/lessees
hereinafter contained the Lessor doth hereby demise unto the lessee/lessees ALL THAT
plot of land containing by admeasurement ______________ situate at
____________________ in the Cantonment of ________________ which said plot of land is more particularly described in the Schedule hereunder written and
with the boundaries thereof is delineated on the plan annexed to these presents and thereon coloured _________________________ TOGETHER with all rights,
easements and appurtenances whatsoever to the said plot of land belonging or in any wise appertaining EXCEPTING AND RESERVING
unto the Lessor all
mines, minerals, mineral substances of every description sand and clay in or under the premises hereby demised with full right and liberty at all items to do all
acts and things which may be necessary or expedient for the purposes of searching for digging, working, obtaining, removing, enjoying the same making the
lessee/lessees reasonable compensation for all damage done and also all timber, fruit trees and other trees (but not the fruit or leaves or fallen branches of trees)
cut down with the written consent of the Military Estates Officer/Cantonment Board with right of entry to mark, fell, cut and carry away the same TO HOLD
the premises hereby demised unto the lessee/lessees in perpetuity from the ___________________ day of ___________________ rendering therefor the yearly
rent of Rs._________________________ clear of all deductions on the ________________________________ day of in each year at the office of the Military
Estates Officer/Cantonment Board or such other places as the Military Estates Officer/Cantonment Board shall from time to time appoint in this behalf the first
of such payment to be made on the ___________________ day of ____________________next.
I. AND THE LESSEE DOTHILESSEES DO hereby covenant with the Lessor:-
(1) To pay unto the Lessor the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.
(2) From time to time and at all times to pay and discharge all rates, taxes, charges and assessments of every description which are now or may at any time
hereafter be imposed, charged or assessed upon the premises hereby demised or the buildings to be erected thereupon or the landlord or tenant.in respect thereof.
(3) Not to cut down any of the timber fruit-trees or other trees now or at any time hereafter growing on the premises hereby demised without the consent in
writing of the Military Estates Officer/Cantonment Board but to preserve the same in good order.
(4) Not to make any excavation in the land hereby demised or remove any minerals, mineral substances of any description, sand or clay from the said land
without the consent of and in accordance with the terms and conditions prescribed by the Military Estates Officer/Cantonment Board.
(5) Within twelve calendar months next after the date of these presents at his/their own cost to erect and finish fit for habitation/use on the premises hereby
demised a Hospital/Educational/Religious building together with all necessary outhouses, sewers, drains and other appurtenances in accordance with a plan or
plans to be approved in writing by the Cantonment Board under the provisions of the Cantonments Act and not to erect or suffer to be erected on any part of the
premises hereby demised any building other than and except the HospitallEducationallReligious building hereby covenanted to be erected without the previous
consent in writing of the Lessor.
(6) Not to make any alterations in the plan or elevation of the said building without such consent as aforesaid nor to use the same or permit the same to be used
for any purpose other than that of a said building.
(7) At all times to keep the said building and premises in good and substantial repair and on the determination of this lease peaceably to yield up the same in
such good and substantial repair unto the Lessor.
(8) Not to sub-divide the demised plot without sanction of the Lessor.
(9) Upon every assignment, transfer or mortgage of the said premises hereby demised within one calendar month thereafter to deliver a notice of such
assignment, transfer or mortgage to the Military Estates Officer/Cantonment Board setting forth the names and description of the parties. to every such
assignment, transfer or mortgage and the particulars and effect thereof.
(10) Not to assign, transfer, mortgage or sub-lease or create any interest in the premises hereby demised in favour of a foreigner, either directly or indirectly,
without the previous permission in writing of the Federal Government.
II. PROVIDED ALWAYS
that if any part of the rent hereby reserved shall be in arrear or unpaid for one calendar month next after any of the days whereon the
same shall have become due whether the saine shall have been demanded or not or if there shall have been in the opinion of the Military Estates
Officer/Cantonment Board any breach by the lessee/lessees or by any person claiming through or under him/them of the covenants or conditions hereinbefore
contained then and in such case the Lessor may notwithstanding the waiver of any previous cause or right for re-entry enter upon any part of the premises hereby
demised or of the buildings thereon in the name of the whole and thereupon the said premises and building shall remain to the use of and be vested in the Lessor
and this demise shall absolutely determine and the Lessee/Lessees shall not be entitled to any compensation whatever.
III. PROVIDED ALSO
that the expressions "Lessor" and the "Lessee"/"Lessees" hereinbefore used shall unless such an interpretation be inconsistent with the
context include in the case of the former his successors and assigns and in the case of the latter his/their heirs, personal representatives and assigns.
The Schedule above referred to ________________________________.
All the piece and parcel of land situate at ________________ recorded in the General Land Register of the cantonment as (part of) survey number
_________________________________ and bounded _______________________________________.
on the North by
on the South by
on the East by
on the West by
IN WITNESS
whereof the parties have hereto set their hands the day and year first written above.
Signed by MEO/CEO
________________________
on behalf of the President of Pakistan irr the
presence of Witness ____________________
MEO/CEO
Signed -by above-named
________________________
Mr.________________
in the presence of
LESSEE/LESSEES
Witness ____________________
SCHEDULE XII: (LEASE FOR AGRICULTURAL LANDS)
SCHEDULE XII.
See rule 33(1)
LEASE OF AGRICULTURAL LANDS.
NOTICE
Notice is hereby given that the grant of a lease of the land hereunder specified will be offered by auction/tender to the bidder of the highest rent for such lease
for the period and subject to the conditions hereunder stated (subject to confirmation of the grant by
__________________________________________________) at the _______________________________ on the day of _________________19
___________________ at __________________________ 0' Clock. The form of lease to be executed by the successful bidder and the plans of the land may be
inspected at the office of the Military Estates Officer/Cantonment Board.
Particulars.
(1) Ward, Survey Number or boundaries.
(2) Area.
(3) Period of lease.
Conditions of tenure.
(1) The lessee shall pay the rent punctually on the dates specified in the lease.
(2) The lessee shall not use the land otherwise than for agricultural purposes and in accordance with the provisions of section 144 of the Cantonments Act, 1924,
and shall not plant trees, dig kankar or remove any sand, clay or mineral substances of any description thereon, therein or therefrom without the consent in
writing of the Military Estates Officer/Cantonment Board.
(2-a) The lessee shall not erect any building as defined in clause (iv) of section 2 of the Cantonments Act, 1924, other than a well on the land, and shall not
construct a well without the consent in writing of the Military Estates Officer/Cantonment Board. No temporary structures shall be erected on the land without
the previous sanction of the Officer Commanding-in-Chief, the Command.
(2-b) The lessee shall maintain all wells situated on the land in good conditions to the satisfaction of the Military Estates Officer/Cantonment Board.
(3) The lessee shall not without the written sanction of Military Estates Officer/Cantonment Board, assign, sub-let, transfer or part with possession of the land or
any part thereof or any of his rights or interests therein to any third party, provided that if the lessee dies before the expiry of the lease, the Military Estates
Officer/Cantonment Board may permit his hair or heirs to hold the land for the remainder of the term of the lease.
(4) In the event of there being, in the opinion of the Military Estates Officer/Cantonment Board, any breach of the conditions on the part of the lessee to be
observed and performed, the President of Pakistan shall be at liberty to enter into possession of the land and to determine the lease, and the lessee shall not be
entitled to any compensation whatever.
(5) It shall be lawful for the President of Pakistan at any time during the currency of the lease, on giving ____________________ days' notice in writing, to
resume possession of the land on paying fair compensation for the crops, if any, standing thereon at the time of resumption and on remitting a proportionate part
of the rent for the unexpired portion of the term of the lease.
Conditions of auction.
(1) The lease shall be granted to the highest bidder; and if any dispute shall arise between two or more bidders, the land shall be put up again at the last
undisputed bidding. No person shall advance at each bidding less than the sum to be fixed by the auctioneer at the time of auction and no bidding shall be
retracted. The lessor reserves the right to bid.
(2) The highest bidder shall immediately after the auction pay to the auctioneer a deposit equal to one year's rent/one quarter's rent/one month's rent at the rate
bid by him, and sign the form of agreement set out below to execute a lease of the land.
(3) The lease shall be executed at the office of the Military Estates Officer/Cantonment Board within 30 days of the confirmation of the grant. If the grant is not
confirmed the deposit of the highest bidder shall be refunded to him.
(4) The description of the land in the particulars is believed and shall be deemed to be correct, and if any error shall be found therein the same shall not annul the
grant, nor shall compensation be allowed in respect thereof.
(5) If the highest bidder shall fail to comply with these conditions, his deposit money shall be forfeited to the lessor, who shall be at liberty to proceed to another
auction, with or without notice to the highest bidder at the present auction.
MEMORANDUM.- At the auction, made this day, of the lease of the land comprised in the above particulars ___________________ of ________________
was the highest bidder for, and was declared the lessee of the land at the rent of Rs. ______________ a year/quarter/month subject to the confirmation of the
grant by __________________ and the said _________________________ has paid to _________________________ as agent for and on behalf of the
President (the lessor), the sum of Rs. _________________ by way of deposit, and he hereby agrees to execute a lease in the form annexed hereto (under which
rent shall be made payable from the date of the confirmation of the grant) and the said _____________________ as the lessor's agent, hereby acknowledges the
receipt of the said deposit.
Signed at ____________________________ Cantonment, the __________________________ day of ____________________________ 19 ___________.
Signatures.
SCHEDULE XIII: (MILITARY ESTATES OFFICERS/CANTONMENT BOARD'S GRANTS REGISTERS (AGRICULTURAL LANDS))
SCHEDULE XIII.
(see rule 34(1).
MILITARY ESTATES OFFICERS/CANTONMENT BOARD'S GRANTS
REGISTERS (AGRICULTURAL LANDS)
SCHEDULE XIII.
(see rule 34(1).
MILITARY ESTATES OFFICERS/CANTONMENT BOARD'S GRANTS
REGISTERS (AGRICULTURAL LANDS)
Survey No.
Area in
acres
Remarks. (Nature and
value of land, term of
disposal, etc.)
Year
Rent per acre per annum
1
2
3
1
2
Survey No.
Survey No. Survey No. Survey No. Survey No.
Rs.
Rs.
Rs. Rs. Rs.
100 2.25
Trenched 1923. To be
leased annually
1924-25 10 7 --- 14 9
1925-26 9-8 7 --- 14 9
101 1.75
Not trenched since 1913.
To be leased annually. No
Irrigation
1926-27 8 5 --- 15 9
1927-28 7 6-8 --- 15 9
102 .85 Sandy. Not Cultivable
103 3.30
Contains mango tope and
two wells. May be leased
for three years at a time
104 7.50
Recreation ground.
Leased to Gymkhana
Club for 30 years under
sanction of Federal
Government No.1234,
dated 3
rd
April, 1924
SCHEDULE XIV: (LEASE OF AGRICULTURAL LAND)
SCHEDULE XIV.
See rule 35(1).
LEASE OF AGRICULTURAL LAND.
THIS INDENTURE made the _____________ day of ______________________ BETWEEN THE President of Pakistan (hereinafter called the Lessor) of
the one part and ____________________________ (hereinafter called the lessee/lessees) of the other part.
WHEREAS
by virtue of rules made under section 280 of the Cantonments Act, 1924, the Military Estates Officer/Cantonment Board of
_______________________________ Cantonment (hereinafter called the Military Estates Officer/Cantonment Board) has agreed on behalf of the Lessor (with
the confirmation of ______________________________) to demise the plot of land hereinafter described to the lessee/lessees in manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH that in consideration of the rent hereby reserved and of the covenants on the part of the lessee/lessees hereinafter
contained the Lessor doth hereby demise unto the lessee/lessees ALL THAT plot of land measuring ______________________________ or thereabout situate
at ________________________ in the Cantonment of __________________ and described in the schedule hereunder written and with the boundaries thereof as
delineated in the plan annexed to these presents and thereon coloured ____________________.
TO HOLD the same unto the lessee hisllessees their permitted successors and assigns for the term of _________________________ years from the
______________________________________ paying therefor the yearly/quarterly/monthly rent of rupees _________________ in advance.
I. THE LESSEE/THE LESSEES
for himself his/themselves their heirs and assigns hereby covenants/covenant with the Lessor-
(1) To pay during the said term the said yearly/quarterly/monthly rent at the times and in the manner aforesaid and also all cesses, rates and assessments now or
at any time hereafter payable in respect of the said land.
(2) Not to use the said land otherwise than for agricultural purposes and in accordance with the provisions of section 144 of the Cantonments Act, 1924, and not
to plant) trees, dig kankar or remove sand, clay or mineral substances of any description thereon, therein or therefrom without the written sanction of the
Military Estates Officer/Cantonment Board.
(3) (a) Not to erect on the said land any building as defined in clause (iv) of section 2 of the Cantonments Act, 1924, other than a well.
(b) Not to construct on the said land any well without the written sanction of the Military Estates Officer/Caritonment Board or any portable or temporary
structure without the written sanction of the Officer Commanding-in-Chief the Command.
(4) To maintain all wells on the said land in good condition to the satisfaction of the Military Estates Officer/Cantonment Board.
(5) On the expiration or sooner determination of this lease peaceably to surrender to the Lessor the land hereby demised together with all structures, wells or
other constructions erected or made thereon by the lessee, without any compensation for the same, save as herein expressly provided.
(6) Not to assign, under-let, transfer or part with possession of the said land or any part thereof or any of his/their right or interests therein under these presents
without the written sanction of the Military Estates Officer/Cantonment Board.
II. PROVIDED ALWAYS
that it shall be lawful for the Lessor at any time or times during the said term on giving _________________ days' notice in writing
to resume possession of and determine the tenancy of the lessee/lessees of the said land or any part thereof without making to the lessee/lessees any
compensation on account thereof save only a fair payment for the crops, if any standing on the said land at the time of resumption and the abatement of a
proportionate part of the rent for the then unexpired portion of the said term.
III. PROVIDED ALSO
that if the lessee/lessees or the person (or persons) for the time being entitled to hold the said land shall die before the expiry or
determination of the said term the heir or heirs of the person (or persons) so dying shall if so permitted in writing by the Military Estates Officer/Cantonment
Board become entitled thereupon to hold the said land for the remainder of the said term subject to the covenants and conditions herein expressed and if there
shall be no person who shall so become entitled to and shall hold the said land the said term hereby granted shall be deemed to have determined as from the date
of the death of the person so dying as aforesaid.
IV. PROVIDED ALSO that if and whenever any part of the rent hereby reserved shall be in arrears or unpaid for _________________ days next after any of
the days on which the same shall have become due whether the same shall have been demanded or not or if there shall have been in the opinion of the Military
Estates Officer/Cantonment Board, any breach on the part of the lessee his/lessees their heirs and assigns of any of the covenants or conditions herein contained
then and in such case the Lessor shall be at liberty at any time thereafter to enter into possession of the said land and thereupon this demise shall absolutely
determine and the lessee/lessees shall not be entitled to any compensation whatever.
THE SCHEDULE above referred to.
IN WITNESS
whereof the parties have hereto set their hands the day and year first written above.
Signed by
on behalf of the
President of Pakistan
in the presence of
Witness-
Signed by above-named
in the presence of
Witness-
NOTES.-
(i) The Leases for not more than four years may be granted by the Cantonment Board on its own initiative.
Leases of "B" land under the management of the Military Estates Officer for more than four years require the approval of
the Officer Commanding-in-Chief, the Command.
Leases of "A" (2) land by the Military Estates Officer for not more than five years require the sanction of the Officer Cornmanding-in-Chief, the Command.
(ii) Leases for terms exceeding 4 years require the approval of the Collector and the confirmation of the Officer Commanding-in-Chief, the Command.
(iii) Leases for terms exceeding 10 years require the approval of the Collector and the confirmation of the Federal Government.
SCHEDULE XV: (GRANTS REGISTER (MISCELLANEOUS SITES))
SCHEDULE XV.
See rule 37(2).
Page 1.
Military Estates Officer's
---------------------------- GRANTS REGISTER
Cantonment Board's
(MISCELLANEOUS SITES.)
(Form of application for a lease of land to be filled in by applicant.)
To
The Military Estates Officer
____________________________ Cantonment.
The Executive Officer
Dated
Sir,
I have the honour to apply for the grant of a lease of _______________________acres/s. feet of land situate in ___________________ for the purpose of
A site plan of the area required is attached.
No buildings will be erected on the land, and only such boundary walls, fences or hedges will be erected as may be sanctioned by the authority sanctioning the
lease.
I request that a lease may be granted for a period of ____________________________ years.
I am prepared to abide by such conditions regarding the disposal of the land as the Federal Government or such other authority as the Federal Government may
appoint for this purpose may impose, and to deposit the cost, if any, of surveying and demarcating the land on the understanding that if the land is eventually
granted to any other person the amount of my deposit
will be refunded to me.
I request that the land may be granted to me by private agreement without auction for the following reasons:-
I have, etc.
Page 2.
GRANTS REGISTER MISCELLANEOUS SITES.
(To be filled in by the prescribed authority, not the applicant.)
Survey number and/or situation. Class of land. Total area of S. No. if any.
1. Date of application.
2. Extent applied for;
3. Name and address of applicant.
4. Period of lease applied for.
5. Purpose for which applied for.
6. Order of the Officer Commanding the Station
Copy of Board resolution.
7. Opinion of Collector.
8. Forwarded to the O. C. in C., the Command.
9. Order of Federal Government/Authority appointed by the Federal Government under rule 37.
10. Date and cost of survey and demarcation and date of deposit of cost.
11. Annual rent fixed according to standard table of rents.
12. Reserve price for premium on lease.
13. Notice of auction published.
14. Date of auction.
15. Successful bidder.
16. Amount of bid.
17. Order of the Federal Government or authority appointed under rule 37.
(Items 10 to 17 to be completed if the ordinary procedure of auction is ordered under item 9).
18. Number and date of lease.
19. Date of registration of lease.
Military Estates Officer.
Executive Officer
Dated.
Page 3.
Plan of site.
Survey number.
Sub-division.
Area.
Surveyed and demarcated on ground.
Military Estates Officer.
Executive Officer.
Dated.
Certified that the sub-division has been entered on the Survey of Pakistan map of the Cantonment and that the appropriate entry has been made in the General
Land Register.
Military Estates Officer.
Dated.
SCHEDULE XVI:
SCHEDIJLE XVI.
See rules 28(3), 35(3) and 37(4).
MILITARY ESTATES OFFICER CIRCLE
________________________________ _____________________
CANTONMENT BOARD CANTONMENT
____________________________________ Cantonment.
Lease No. _________________________ Survey No. ________________________ Area ________________________
Military Estate Officer (Building
___________________________ GrantsRegister _________________ Sites) Page No.
Cantonment Board's (Agrilcultural
Particulars:-
No. and name of building ________________________________________________________
No. of Agricultural plot ________________________________________________________
Lease Description of (Schedule
No.)
For what purpose ___________________________________________________________
For what period ___________________________________________________________
Date of Execution ___________________________________________________________
Date of Registration ___________________________________________________________
Date of Expiry
Rental Amount Payable Rs. ___________ Dates when payable_____________________________________
Name of original Lessee ___________________________________________________________
Mutations:- How effected giving ___________________________________________________________
full details
Notes ___________________________________________________________
SCHEDULE XVII: (LICENSE TO OCCUPY A SITE IN THE CANTONMENT)
SCHEDULE XVII.
(See rule 39(1).
LICENSE TO OCCUPY A SITE IN THE ________ CANTONMENT.
This licence grants to __________________________________________________________________________ son of ______________________________
in his capacity as _______________________________________________ the right to occupy a site comprising ______________________________ square
yards ____________________________ square feet, situated in survey No.___________________________________ (and in extent as delineated on the site
plan annexed hereto) for the purpose of ______________________________ on payment of Rupees _____________ per month/day subject to the following
conditions:-
(1) The right granted under this licence does not amount to an easement or interest in the site.
(2) This licence is valid from the date of issue until the unless prior notice of determination is given.
(3) The licensor has the right to determine this licence by giving _____________________days'/months' notice to the licensee.
(4) The licensee has the right to remove any materials or buildirigs on the site up to ___________________ weeks after the determination of the licence.
Provided that if the licensee has failed so to remove any materials or buildings on the site they shall become the property of the Federal
Government/Cantonment Board without payment of any compensation and the licensee shall have no further claim thereto. The licensee shall make good any
damage done in removing same.
(5) This licence cannot be transferred or assigned by the licensee or exercised by his servants or agents.
(6) The land must not be used for any purpose other than that mentioned in this licence.
(7) Only building of a temporary nature shall, if sanctioned. be erected on the site and the buildings shall comply with such directions as may be issued by
proper authority.
(8) On determination of this licence either in pursuance of a notice of determination or on the expiry thereof. the Federal Government/Cantonment Board shall
not be liable to pay any compensation whatever to the licensee.
Signature.
Military Estates Officer.
Cantonment Board.
Dated the _______________________________
I _______________________ licensee hereby accept the terms and conditions contained in the licence of which I have been made fully aware.
Signature.
SCHEDULE XVIII: (REGISTER OF LICENCES FOR TEMPORARY OCCUPATION OF LAND)
SCHEDULE XVIII
See rule 39(3).
REGISTER OF LICENCES
F.OR TEMPORARY OCCUPATION OF LAND.
Year
Cantonment
Serial No.
of Licence
Survey
number
and
situation
Area
Purpose for
which
licence is
granted
Name or
licencee
period of
licence.
Date of
expiry and
initial of
M.E.O. or
E.O.
Number and
date of
resolution of
Cantonment
Board or
order of
M.E.O.
sanctioning
licence.
Fee charged
Date of
collection
and
initials of
M.E.O or
E.O.
Receipt
number
General
cash book
entry,
number and
date.
Date and
initials of
M.E.O. or
E.O. in
token of
termination
of
occupation
1 2 3
4
5
6
7 8
9
10
11 12
NOTE,- If the system of granting individual permits for each head of cattle allowed to graze is in force, it should be worked by books containing foil and
counterfoil and entries' in this register will be unnecessary.
SCHEDULE XIX: (CANTONMENT BOARD'S REGISTER OF FEDERAL GOVERNMENT DUES)
SCHEDULE XIX
See rule 46(2).
CANTONMENT BOARD'S
REGISTER OF FEDERAL GOVERNMENT DUES
Class "C" Lands.
Serial No.
No. and date of
Federal
Government order
vesting in Board
Purpose for
which
vested
Amount payable to
Federal Government
Total
Columns 4
and 5
Amount paid to
Federal
Government No.
and date of
treasury receipt
Balance Due
(If Federal
Government has fixed
a date for
reconsideration of
amount payable, it
should be so stated
here giving date.)
Arrears
For current
year
1 2 3
4
5
6
7 8
