The Azamabad Industrial Area (Termination and Regulation of Leases) Act, 2000

(1) This Act may be called ;be Azamabad Industrial Area (Termination and Regulation of .Leases) (Amendment) Act, 2000. (2) It shall come into force on such date a5 .the Government may, by n o t i f i c a - :P tion in the Andhra Predesh Gazette, appoint.

In t h e preamble to the. Azamabad, Industrial Area (Termination and ReguLation of teases) Act, 1992 (hereinafter referred to as the principal Act 1, for the last paragraph, the following shall be substituted, namely:- 'And whereas it i s necessary to give effect to' the Directive Principles of State Policy as contained in clauses Ib) and le) of article 39 of t h ~ C o n 6 t i t u t i o n of India ; And whereas it isconsidered expedient, in public -interest, to terminate by law such' of the existing leases or other arrangements made or entered into in respect of d d s e d plots or .portions thereof i n ~ndust~ial Area, Azmabad , nyderabad, which attract any of the grounds stated in - clause (b) o f - sub-, section (I) of seetiotr 3, to curb, misuse or violations and to prevent the non- industrial use, including unauthorised- constructions and.to regulate t h e leases afresh, as may be decided by the Govern- m e n t , w i t h such .uni$orm terms and condi- tions including reduced lease period and revised rates of premium -and q u i t rent - and adoption of standard format of lease deed,. thereby ensuring' maximum use of &.,\~tincj infrastructure facilities and proper management of valuable urban property of t h e GovernmentY.

For sections 3 and 4 of the . principal Act, the following shall -&, , substituted, namely: - Termiflation 3 . (11 ( a) Notwithstanding any - thing contained in the Indian '2 . Contract Act, 1872, the Transfer of Pro- perty Act, 1882, ar any other law for the time being in force, and the terms and conditions of any lease entered i n t o or other qrrangement made withanyperson id respect of any demised p l o t either by the erstwhile Nizam's Government 0% by the erstwhile Government of Byderabad or by t h e Government of Andhra Pradeshpriar to the appointed date, a l l those leases, sub-leases or other arrangements made or entered into through a registered-deed or otherwise in respect of a l l demised plots in Azamahad Industrial Area which after due enquiry attract one or more of the grou~id for cancellation of lease as s p e c i f i e d in clause (b) s h a l l stand ter- minated on t h e appointed date an$ there- upon a l l Buch leases, sub-leases or any other arrangement whatsoever made by the person in occupation of the - demised - - . plot . - , . shall stand'a'nnulledandeverysuehdemised plot shall ve-st in the Government free from a l l encumbrances. ( b ) Notwithstanding anything contained in any other law for the time being in force, t h e leases of plots or portions shall be cancelled on either all or any of the following grounds namely:- (i) misusing of land for a purp?: e other than t h e purpose for which land was allottea incl~dlny non-user; or ( ii)' sub- l e t t i n y . or trqnsf erring the plots or portions of-plots by entering into disguised partnerships and other unauthorised tiansfcr of interest in the plot; or , ? (iii) violatidn of any terms, con- d i t i o n s or covenant specified in t h e Lease Deed. Explanjtion: For the purpose of this Act., >here a Qessee enters i n t o a partner- s h i p , agreealent or o t h e r arrangement for carrying on any a c t i v i t y whatsoever cn the 2cmised- plot, then notwithstanding . anything in t h e Indian Partnership A c t , J ,t 9 of 1932, it ' shall also be deemed to be a ~ 9 3 2 . violation a£ the conditions of the lease. ( 2 ) Lessees of plots whose leases shall not be cancelled under clause (bl o f sub-section (1) shall be e n t i t l e d to a grant of f r e s h lease with .effect from the appointea date and renewal . thereof from time to time on such terms and conditions as Fay be prescribed by,. t h e Government. ( 3 1 The Lessees specified . iq sub- section 12) may, in l i e u of renewal of lease; - opt for free-hold rights in res- pect of the demised plots of land by + paying a price equivalent to 75% of the I:,,hd -market value as specified f o r t h e area m 2 of in Market value G u i d e l i n e s under section 1859. 47 (a) of the ~ndian Stamps Act, 1899. ( 4 ) Upon the termina'tion of t h e leases or o t h e r arrangement in respect of t h e plot under sub-section (1) t h e riqhts and l i a b i l i t i e s as,between the parties, to t h e Lease or other arrangearentin respec? of p l o t s h a l l cease and determine, but any amount due to the. Gor~ernnent from t h e aforesaid person under t h e Leese or other arrangement so terminated shall be recovered as aq arrear of l a n d revenue. 4 . (1) On termiration of lease ar other arrangements made under clause ( a ) tloa f resb of sub-seetion ( I x ] . of section 3, a person in occupation and running an industry on t h e appointed date may apply for a f r e s h lease i n t h e manner prescribed. ( 2 ) On receipt of an a p p l i c a t i o n u3der sub-section (I), the Competent ~ u t h o r i t y , nay where he is s a t i s f i e d t h a t the applicant has act-ually been using the demised p l o t f o r industrial purpose, and he deserves grant of lease, s h a l l grant a lease o n such t e r m s and condi- Lions as may be prescribed;".

4. In section 5 of the principal Act, in sub-section (1),--

(a) (i) in sub-section (1), for the expression "under sub-section (1) of section 3 and where no fresh lease has been granted under section 4, the person in occupation of such demised plot", the expression "under clauses (a) and (b) of sub-section (1) of section 3, and where no fresh lease has been granted to the occupant if any under sub-section (2) of section 4, the lessee or the occupant as

5. [Repealed]