TRANSFER DEED TRANSFERRING
THE PROJECT TO THE GOVERNMENT
[CD1]
THIS AGREEMENT
made at……………..on this……………..day of..........20…between the
Modern
Project Co. Ltd., a company incorporated under the Companies Act, 1956 and
having its registered off ice at (hereinafter referred to as the "Project
Company" which expression shall, unless repugnant to the context or
meaning thereof, be deemed to include its Successors and Assigns) of the ONE
PART and State of Maharashtra through the Ministry of Surface Transport and
having its office…………….. (hereinafter referred to as the "Government"
which expression shall, unless repugnant to the context or meaning thereof, be
deemed to include its Successors and Assigns) of the OTHER PART;
WHEREAS
by an agreement dated……………..executed between the Project Company on the one
part and the Government of Maharashtra on the other part, hereinafter referred
to as the Project Agreement, the Project Company was granted the right to
construct a bridge on the land described in the said agreement and the Project
Company was also granted the concession/licence to collect toll for a period of
……………..years from the date of commencement of the said Project Agreement;
AND WHEREAS
the Project Company has constructed the said bridge on or about……… in
accordance with the terms/conditions and specifications contained in the said
Project Agreement and the Government has issued the Certificate of Completion
of the Project on ……………..vide letter No.
..................... dated issued by the office of the Chief Engineer,
Public Works Department who was designated as Government's Engineer under the
said Project Agreement;
AND
WHEREAS it was inter alia provided in the said
Project Agreement that the Government will execute the lease deed in respect of
the said land in favour of the Project Company for a period of.............
years and accordingly the Government granted lease rights of the said land in
favour of the Project Company for a period of ........ years by lease deed
dated……………..registered as
No……………..in
Book No…………….. Volume No……………..in the
office of the Sub
Registrar
of Assurances Delhi;
AND WHEREAS
it was inter alia provided in the said Project Agreement that the Project
Company shall transfer the said bridge along with the structures standing on
the said land to the Government after the expiry of concession period;
AND WHEREAS
the said concession period has expired on......................and in terms of
the said Project Agreement, the Project Company has desired to transfer the
said bridge alongwith the structures constructed on the said land and the
Government has agreed to accept the said transfer.
NOW
THIS INDENTURE OF TRANSFER WITNESSETH AS UNDER
That in pursuance of the
said Project Agreement and in consideration of the Premises, the Project
Company hereby grant convey, transfer and assign by way of transfer deed unto
the Government all those pieces and parcel of land admeasuring.................
sq. ft. bearing plot No. Khasra No
……………..Mouza……………..Tehsil……………..Sub-Urban………
District…………….. hereinafter referred to as the said land, together with the
bridge constructed thereon along with the structures constructed on the said
land which consists of cabins for office staff collecting toll, cabin for
watchmen, outhouses for the staff collecting toll, cabin for visiting
officers/supervisor/accountant, etc., more particularly described in the
Schedule
herein and delineated in the plan attached hereto and coloured thereon together with building, fixtures,
etc., hereinafter referred to as the "said property" with all the
estate, right, title and interest of the Project Company herein together with
all other rights, easements, advantages, privileges and appurtenances
whatsoever in the said piece and parcel of land to hold the same unto the
Government herein absolutely for ever and absolutely free from all
encumbrances, claims, demands, attachments, and charges of all claim but
subject however to the payment of all government assessments and other taxes
payable to the Government of Maharashtra or any other local authority in
respect of the said land and property more particularly described in the
Schedule hereunder and delineated in the plan attached hereto and coloured thereon together with all ways, waters,
watercourses thereto, whatever in the said piece or parcel of and more
particularly described in the Schedule hereunder and hereby conveyed, the
Project Company covenant and confirm that all rents, rates, taxes, assessments,
dues, duties on the said property have been paid by them upto and including the
date of these presents and further covenant that should any rates, taxes, dues,
and duties be found payable upto the date, the same shall and will be paid by
it and
WHEREAS
the Project Company doth hereby covenant with the said Government that if, the
Project Company has good right, title, interest and full power to grant ,
convey, transfer and assign the said piece and parcel of property more particularly
described in the Schedule hereunder and delineated in the plan attached hereto
and coloured thereon in the manner aforesaid and that the said property is free
from all encumbrances, claims, demands, and other court attachments and that
the Government may quietly enter into and enjoy the same, the tolls and profits
of the said property without any lawful interruption, claims, demands or
disturbance whatsoever from the said Project Company or any other person or
persons claiming through it, under or in trust for the said Project Company and
that free and clear and freely and clearly and absolutely acquitted,
exonerated, released and forever discharged or otherwise by the Project Company
and sufficiently saved, defended, kept harmless and indemnified of, from and
against all former and other estates, titles and charges and/or encumbrances
whatever had made, executed, occasioned or suffered by the Project Company or
by any other person or persons lawfully or equitably claiming or to claim by,
from, under or in trust for them, or any of them with the Project company, and
all persons having or lawfully or equitably claiming any estate, right, title
or interest in law or in equity in
all
the said property hereby assigned, transferred or any part thereof by, from or
in trust for the Project Company or its successors, assigns and representatives
shall and will from time to time.
And
the Project Company doth hereby covenant with the Government that
notwithstanding any act, deed, matters or things whatsoever by the Project
Company or by any person or persons lawfully or equitably claiming by, from,
through under or in trust for him, made, done, committed or knowingly or
willingly suffered to the contrary, its right, title or interest to the said
property not becoming void or voidable or the Project Company doth hereby
covenant with the Government that there is no mortgage, charge, lien or other
encumbrance on the said property.
And
the Project Company doth hereby further covenant with the Government that the
project assets are in good working condition, have been properly maintained and
meet the minimum construction and performance standards as required by the
Project Agreement and the bye-laws of the local authority and further covenant
that the said project property will be in working condition for a further
period of................... years as per the certificate issued by the Structural
Consultants to the Project Company.
And
the Project Company hereby declares that it has handed over to the Government
all documents of title, designs, all drawings including Structural, RCC and
working drawings, accounts of the toll collected during the period of operation
and papers and documents relating to, belonging to or connected with the said
property and the Project Company declares and confirms that it does not have
any other document of title and should it come in possession of any evidence or
document of or relating to title or project, it shall and will hand over
or cause to be handed over to the
Government or any person claiming through or under the Government.
And
lastly the Project Company doth hereby confirm that it had handed over to and
placed the Government in possession of the said property hereby granted,
conveyed, transferred and assigned unto the
Government.
AND
THE PROJECT COMPANY DOTH HEREBY FURTHER COVENANT with the said
Government
that whenever reasonably required by the said Government and at the cost of the
Government, the Project Company will do sign and execute all other acts, deeds
and writings for further and better assuring the said land and property more
particularly described in the Schedule
hereunder and hereby transferred to the
said Government
IN WITNESS WHEREOF
the Project Company has hereunto set and subscribed their
respective
hands and seals respectively on the day and year first above mentioned
The
Schedule above referred to
Signed and delivered by the
within named Modern Project Co. Ltd. by the hands of Shri
……………..Managing
Director thereof in the presence of
1
.
2.
Signed and delivered by the
within named The Governor of Maharashtra state, by the hands of Shri ……………..authorized
signatory in the presence of
1
.
2.
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