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Saving- Save as otherwise expressly provided by these regulations and any documents or instruments executed by an allottee with the Board so long as the tenement together with land appurtenant thereto belongs to the Board and is leased to the allottee, no tenement shall be transferred by sale or exchange by any allottee except with the previous permission in writing of the Board on such terms and conditions as are agreed to between the Board and the transferee and the transferee has complied with the same to the satisfaction of the Board, and the transferee shall then be deemed to be an allottee for the purposes of these regulations. Provided further that the transferee allottee shall be liable to the Board in respect of all the unpaid installments and all other amounts due, if any, if respect of the tenement so transferred together with the interest due thereon. By order of the Board Secretary Housing Board Haryana, Chandigarh PDF created with pdfFactory trial version www.pdffactory.com FORM ''A'' [See Regulation 11(4)] HIRE- PURCHASE TENANCY AGREEMENT This INDENTURE MADE THIS………….Day of ……….One thousand nine hundred and……………BETWEEN THE HOUSING BAROD HARYANA constituted under the Haryana Housing Board Act, 1971 (Act No. 20.of 1971) (hereinafter called the owner and includes its successors and assigns of the one part and Shri………. (hereinafter called the hirer which expression shall unless inconsistent with the context or meaning , include, as hereinafter provide, the nominee approved and failing which his heirs, executors, administrators, legal representative and permitted assigns ) of the other part: WHEREAS in pursuance of the…………………hire (called the regulations), the hirer has separately applied to the owner for allotment of a house under the Hire-purchase Scheme and the owner has agreed to allot a house to the hirer upon the terms and conditions hereinafter set for the. AND WHERE AS the total tentative cost of the tenement works out to Rs……………(Rupees……………….……... …………………….). AND WHERE AS the hirer has already paid Rs……………………….(Rupees….….………………………………only) as hire-purchase deposit. AND WHEREAS the hirer has already paid Rs…………..…(Rupees……………………………..………..only) one month's rent by way of monthly installment and which is hereby acknowledged to be the first installment. NOW THESE PRESENTS WITHNESS that the owner hereby covenant and agree with the hirer and the hirer both hereby covenant and agree with the owner in manner following that is to say:- (1) The hirer shall be put in possession of the property in the form of house bearing No……………….situated in………………. Estate of the Housing Board, Haryana at ………………And more particularly described in Schedule I hereunder written and with boundaries thereof for greater clearness delineated on the plan annexed hereto as Schedule II and thereon coloured and shown in red, only after he has duly executed this agreement. (2) The hire shall hold the said property as a tenant for the Hire-Purchase period which is fixed term of ……………..….. years commencing from the first day of the month of………………..of the year one thousand nine hundred and …………….and ending of the day of the month of………………….of year ……………..subject to the following conditions: (a ) The hirer shall pay without waiting for any demand from the owner the monthly rent (installment ) of Rs…………………………….(Rupees ………………………………………….only) on or before the 10th day of each month at the office of the owner, the first of such payment has already been made by the hirer mentioned herein above and the same is considered to be taken as monthly rent (installment) of the month of ……………………..and the next such payment is due and payable on or before the 1st day of the month of…………….of the year……………….and so on subsequently for every calendar month till the expiry of the hirer purchase period. (b) The hirer shall, as laid down in the Regulations, pay all rates taxes, fees, charges, assessments, municipal or otherwise and other levies of whatsoever nature levied upon the said property rented, upon the landlord or tenant in respect thereto by the local body or by the State or Central Government direct to the authorities concerned. PDF created with pdfFactory trial version www.pdffactory.com (c) The hirer shall during the said term repair (which expression shall include usual and necessary usual internal and external painting, colour and white- washing), clean and keep in reasonable good order and condition at this own cost to the satisfaction of owner or such person as the owner may appoint for the purpose the said property together with the installations thereto relating to water -supply, drainage, electricity and any such other services. (d) The hirer shall not without the written permission of the owner carry on or permit to be carried on within the said property any trade or business whatsoever or permit the same to be used for any purpose other than that for residential use or do or suffer to be done therein any act or thing whatsoever which in the opinion of the owner may be a nuisance, or disturbance to the owner or the occupiers of other houses in the same building or in the neighborhood. (e) The hire shall permit the owner or any person authorized in this behalf by the owner at all reasonable time of day during the term here by granted to enter into and upon the said property and to inspect the state of repairs thereon and if upon such inspection, it shall appear to the owner that any repairs, whether current or special are necessary, the owner may direct the hirer to execute the repairs: Provided that on his failure to do so wthin reasonable time, the owner may execute them at the expense, the hirer hereby agrees to reimburse by paying to the owner such amount as the owner (whose decision shall be final) shall fix in that behalf. (f) The hirer shall permit the owner or any person authorized by the owner to enter into and upon the said property with such workmen as may be necessary for the purpose of laying repairing or placing the water pipe line, sewerage line or any electric supply line or any service line for work connected there with as also for the purpose of making any connection to the other properties from any service line laid in the said property. (g) The hirer shall not make or permit to be made any alterations or additions to the property without prior permission in writing of the owner and also the sanction or permission in writing of owner and also the sanction of permission of permission in writing of the local authority concerned: provided that the owner may at his discretion refuse such permission for any addition or alternation whatsoever and his decision in that behalf shall be final. (h) The hirer shall not sell, transfer, assign or otherwise part with the possession of the whole or any portion of the said property without the previous consent in writing of the owner which it shall be entitled to refuse in its absolute discretion: provided that in the event of the consent being given, every such transfer, assignment of the property shall be only for the reminder term of this tenancy and the permitted transferee or assignee as the case may be shall be bound by all the terms and conditions herein contained and be answerable to the owner in all respects there for: (i) The hirer shall during the term of this tenancy abide by the tenancy stipulations contained in Schedule III hereunder written. (j) The hirer shall discharge all responsibilities developing on him under the Regulations, which will be deemed to be the part of these presents and which are hereby agreed to between the parties to this agreement. PDF created with pdfFactory trial version www.pdffactory.com (k) The hirer shall be precluded from making a complaint, raising objections or setting up claims regarding the property at any stage for any reasons whatsoever as expressly provided in the Regulations in respect of '' Property Circumstances''. (I) The hirer shall pay every month service charges for maintenance of common portions and common services to the owner alongwith the monthly rent if the owner undertakes to discharge such functions. The amount of such service charges shall be determined by the owner and the decision of the owner in this behalf shall be final and binding on the hirer. (m) No claim can be brought against the interest of the hirer in the said property, nevertheless the hirer hereby indemnifies the owner in respect of any such eventualities. (n) The hirer hereby absolves the owner form any liability in case of damage to or destruction of the said property as a consequence of any accident of whatsoever nature, Provided that it shall be the duty of the hirer while this agreement is in force to see that the house is maintained in the same condition, except fair wear and tear, in which it was originally handed over. In case of any damage, by any act of nature or by fire, it shall be the duty of the hirer to get necessary repairs carried out in order to restore the house to its original condition. The house shall be compulsorily insured against the risk of fire with an insurance company approved by the Board: Provided further that in case of damage by fire, the whole sum paid by the insurance company, shall be utilized by the Board for the reconstruction of a similar type of house as far as possible on the same site. Any additional amount required to complete the house, shall be the exclusive liability of the allottee. (o) The hirer shall, by writing under his own hand, nominate during his lifetime the nominee whom he wishes to transfer his share or interest in the property including his rights in the future ownership of the house in the event of his death and deposit the same with the Chairman. The owner shall effect the transfer accordingly on receiving a proof of his death and deposit the same with the death of the hirer which will be subject to all subsisting liabilities and obligations of the hirer towards the owner. The nomination so made may be revoked and another substituted in the same manner as aforesaid by the hirer: Provided that in the absence of such nomination by the heir/ heirs shall be accepted by the owner as the beneficiary/ beneficiaries of these presents. (p) The hirer shall make full and regular payment of all the dues that are required to be made by him in pursuance of these presents or the Regulations. If any such payment is delayed, he shall be liable to pay a penalty not exceeding twenty five percent of the amount due. In case of defaults of more than two months, the tenancy shall stand determined and the hirer shall be evicted. All the outstanding dues of the owner shall be recoverable as arrears of land revenue. (q) If the hirer uses the property of common portions and common services in such a way as to cause damage to or deterioration malfunctioning of the same the hirer shall pay to the owner the expenses of rectification of such damage deterioration or malfunctioning. PDF created with pdfFactory trial version www.pdffactory.com (r) The hire-purchase deposit shall be retained by the owner and the hire shall be precluded from making any demand on it for meeting any of his liabilities whatsoever : Provided further that in the case of permitted transfer, the adjustment of the said deposit will be made as special case in the sole discretion the owner on the merits of each case. Provided still further that in the case of eviction, the said deposit shall be utilized for recovering all the dues whatsoever the owner as the first charge and all the dues of the public bodies as the second charge and only the reminder shall be refunded to the hirer on his demand. (s) In case the hirer wishes to terminate the tenancy hereby granted of his own accord before the expiry of the hire-purchase period the hirer shall give three months notice to the owner for the same and the owner shall recover all the dues as well as losses arising out of such termination by the hirer of this agreement from the hire purchase deposit of the hirer and hirer will be entitled to receive the remainder as determined by the owner only after the hirer has duly handed over possession of the said property to the owner. The decision of the owner in this respect shall be final and binding. (t) Notwithstanding anything hereinbefore contained, if there will have been, an inquiry after hearing the party concerned, in the opinion of the owner (whose decision shall be final and binding) any mis- statement or any concealment of material facts by the hirer in the application given by him for allotment of the house it shall be lawful for the owner to evict the hirer and take possession of the house and thereupon this agreement shall stand determined and the hire-purchase deposit shall stand forfeited to the owner. (u) The owner hereby agrees that the hirer making payments due from him in accordance with these presents and performing and observing all the conditions herein contained shall peacefully hold and enjoy as a tenant of the said property during the said term except for any lawful interruption or disturbance by the owner or any person lawfully claiming under it. (v) If after the receipt of the final bills for the construction of tenement or as the result of land award or arbitration proceeding or enhancement in cost of land on any account, the Board considers it necessary to revise the price, already specified, it may do so and determine the final price payable by the hirer who shall be bound by this determination and shall pay dues, if any, between final price so determined and shall pay dues, if any, between final price so determined and price paid by him including the price paid in lump sum , provided that no change in the price shall be made after 7 years from the date of allotment. It is further provided that the restriction of 7 years shall not be applicable in case of any escalation due to judicial order and arbitrator's awards. (x) During the pendency of this agreement, the owner shall have a right to create a mortgage of house/flat under this agreement in favour of the Housing and Urban Development Corporation, Ltd, New Delhi or any other body for securing the loans obtained by the owner from the said corporation or any other body for undertaking various housing , building material and commercial schemes. The hirer agrees to this conditions and undertakes not raise objection in any way whatsoever to this arrangement. (y) The allottee/hirer /owner shall be governed by the Haryana Urban Development Authority Act, 1977, Haryana Municipal Act, 1973 or any other concerned Local Authority and Rules and Regulations made there under in so far as they relate to unauthorized construction, violation of building or zoning PDF created with pdfFactory trial version www.pdffactory.com regulations, the making of an unauthorized entry or exit or encroachment on a public street, park or open space, use of the premises for any use other than a residential use. (3) The owner hereby agrees after the expiry of the hire purchase period to transfer the said property to the hirer by executing conveyance deed with him in the prescribed form provided that he has paid all the dues of the owner and of the public bodies, if any, prior to such execution. The hirer thereafter shall cease to be tenant and become the owner of property subject to the provisions of the said conveyance deed. If any dispute or difference of opinion arises regarding interpretation of the wordings of the said regulations or the agreement made there under or any decisions taken or proposed to be taken in accordance with the said regulations or agreements, the Chief Administrator shall take a decision and such decision shall be final and binding on the hirers. SCHEDULE 1 The property includes various parts particularly given here under with their internal dimensions :- --------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------- Boundaries of the property are as under :- On North………………………… On East…………………………. On South………………………. On west………………………. Schedule ii As per plan attached (Tenancy stipulations as attached hereto ) SCHEDULE III TENANCY STIPULATIONS