section 3
Substitution of new sections for sections 3 and 4
The Azamabad Industrial Area (Termination and Regulation of Leases) Act, 2000For 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;".
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