You are on page 1of 12

ANNEXURE 1

GUIDELINES

1. Agreements for company leased accommodation will be in the name of the Company.
Licence should be entered into with a person who is the owner of the premises/ owner’s
constituted attorney.

2. Documents indicating proof of ownership should be verified including those relating to


Power of Attorneys.

3. Security deposit and Advance Rent will be decided on the basis of the prevailing market
conditions at each place, subject to approvals of the Chief Executive. However as far as
possible deposit should not exceed 12 months rent.

4. Tax at source will be deducted in terms of Section 1941 of the Income Tax Act, 1961 on
Rent if it exceeds Rs. 1,20,000/- or such limits as will be prescribed in the IT Act from
time to time in a Financial Year. Advance rent is also liable for TDS.

5. Stamp paper purchased will be either in the name of the Company or the lessor and the
stamp paper is valid for six months. Execution of agreement should be done on or after
the date of issue of stamp paper.

The Licence should be signed on behalf of the Company by the authorised signatory for
the purpose or a competent person duly authorised by the Chief Executive.
ANNEXURE 2

HIRE AGREEMENT

THIS AGREEMENT is made on this ________________ 200_, between Mr /Mrs


_________________________ Resident of ____________________________, (hereinafter
called the ‘Owner’, which expression shall unless excluded by or repugnant to the context mean
and include his heirs, legal representatives, successors, and assigns of the one part).

AND

_____________________________________, a company registered under the Companies


Act, 1956, having its Registered Office at ____________________,
______________________________________ and having its principal place of business at
______________________________________________________
_______________________ (hereinafter called the ‘Lessee’ which expression shall mean and
include its successors, legal representatives and assigns) of the other part.

WHEREAS the Owner has installed the fittings and fixtures as detailed in Annexure A for the
use of the Hirer for a period of _______ years commencing from _____________ on the terms
and conditions hereinafter stipulated.

AND WHEREAS the Hirer is desirous of taking the aforesaid fittings and fixtures on Hire from
the Owner on the terms and conditions hereinafter stipulated.

NOW THIS INDENTURE WITNESSETH AS UNDER:

1. The Hirer has examined all the fittings and fixtures installed in the premises and has found
them in good condition and perfect working order.

2. For the hire of fittings and fixtures, the Hirer agrees to pay to the Owner an amount of Rs
_____________ (Rupees _________________only) per month towards hire charges in
advance on or before the 7th day of each English Calendar month.

3. That the Hirer shall pay a sum of Rs. ______________ (Rupees. _________
____________only) to the Owner being ____________ months hire charges as interest-free
security deposit which shall be returned at the time of vacation of the premises and the
termination of the Licence.

4. That the Hirer shall pay a sum of Rs. _________ (Rupees ______________
________only) to the Owner being ____________ months hire charges as advance
adjustable in ______________ equal monthly installments.

5. The said fittings and fixtures have been lent by the Owner to the Hirer for a period of ____
years effective ______________ and this Hirer Agreement shall run concurrently with the
Licence Agreement entered into on _________. It is expressly agreed that on expiry or
termination of said Licence Agreement this Agreement shall also stand terminated.

6. On the expiry of this Agreement which is only for ________ years or earlier termination
thereof the Hirer shall handover to the Owner all the fittings and fixtures in the same
conditions as they are at present except for normal wear and tear due to use and damage
by tempest, earthquake, flood, riot, civil commotion, mob violence or armed violence or
force major or any other irresistible cause, If at the time of handing over any of the fittings
and fixtures the same are found to be damaged or broken the Hirer shall replace/repair the
said damage/broken fittings or fixtures to the satisfaction of the Owner or pay the cost
thereof.

IN WITNESS WHEREOF THE OWNER AND THE HIRER HAVE SET THEIR RESPECTIVE
HANDS TO THIS AGREEMENT ON THE DATE AND MONTH MENTIONED ABOVE.

SIGNED, SEALED AND DELIVERED BY:

Mr ______________________, Mr ______________________
OWNER ( COMPANY NAME)

In the presence of : In the presence of :

WITNESS: WITNESS:
ANNEXURE 3

RENEWAL AGREEMENT

This Deed is made at Bombay on this _____ day of ___________ 200_, between
__________________________, Resident of ____________________
hereinafter called the ‘Lessor’ which expression shall mean his heirs, legal representatives,
successors, and assigns) of the one part.

AND

……………………………………………………, a company registered under the Companies Act,


1956, having its Registered Office at ……………………………,
……………………………………….. and having its principal place of business at
…………………………………………………………………………………………… (hereinafter
referred to as the ‘Lessee’ which expression shall, unless excluded by or repugnant to the
context include its successors, and assigns) of the other part.

WHEREAS by ‘Licence Agreement’ dated __________________ (hereinafter called the


‘Principal Licence Agreement’) the Lessor granted and demised to the lessee House No.
_________________________ consisting of ____________ (hereinafter referred to as “the
Premises”) at a monthly rent of Rs. __________.

AND WHEREAS the said period of Licence expired on ______________

AND WHEREAS the parties hereto have agreed to extend the period of the Principal Licence
Agreement for a period of _____________ years.

AND WHEREAS the present deed shall be supplemental to the aforesaid ‘Principal Licence
Agreement’.
NOW THIS DEED WITNESSES AS FOLLOWS :

1. That clause 2 of the Principal Licence Agreement relating to payment of rent shall be
omitted and shall cease to have any effect and instead following clause shall be substituted.

That the Lessee shall pay to the lessor a rent of Rs ________________ (Rupees
_______________ ) per month in advance on or before the 7th day of each English
Calendar month, for the period commencing from _________ to ________________.

2. The arrangements as altered and modified shall be effective from _________.

3. That all other terms and conditions of the Principal Licence Agreement shall remain in full
force and effect and continue to bind the parties to the Agreement.

IN WITNESS WHEREOF the parties hereto have set their respective hand and seal on the day
and the year first mentioned above.

SIGNED, SEALED AND DELIVERED BY

Mr __________________, LESSOR Mr _____________________, LESSEE


I (COMPANY NAME)

In the presence of : In the presence of :

WITNESS : WITNESS:
Annexure 4

LEAVE AND LICENCE AGREEMENT

THIS AGREEMENT made at Mumbai this _____ day of __________, Two Thousand One;
BETWEEN
_____________________residing at _________________________________
_______________________________________________________________________,
hereinafter referred to as “the Licensor” (which expression shall unless it be repugnant to the
context or meaning thereof be deemed to mean and include its successors and assigns) of the
ONE PART;
AND
___________________________________, a Company registered under the provisions of the
Companies Act, 1956 and having its office at _______________, hereinafter referred to as “the
Licensee” (which expression shall unless it be repugnant to the context, meaning thereof be
deemed to mean and include its successors and assigns) of the SECOND PART.

WHEREAS :
1. The Licensor is the member and shareholder of _____ (___) shares from No. ____ to
____ (hereinafter referred to as “the said shares”) of Rs. __________________ (Rupees
____________________ Only) in ______________________________, a Co-operative
Society registered under the provisions of the Maharashtra Co-operative Societies Act,
1960 and having its registered office at
________________________________________________________ (hereinafter
called “the Said Society”) and as incidental thereto the Licensor has the absolute right to
use, occupy and possess Flat No. ___________, on the ________ floor (together with
the fixture and fittings therein, and one reserved open car parking space) of the building
known as __________________________________ (hereinafter referred to as “the Said
Premises”).

2. The Licensee has requested the Licensor to allow the Licensee to occupy and use the
Said Premises by leave and licence of the Licensor temporarily for a limited period of
__________ months from __________ to ___________, for the purpose of the
residence only of their employee, members of their family and domestic servants;

3. The Licensor has agreed to allow the Licensee’s employee to use and occupy the Said
Premises temporarily for a period of _____________ months from ___________ to
____________ determinable on the terms and conditions hereinafter mentioned.

IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :

1. The Licensor hereby grants leave and licence to the Licensee to occupy and use the
Said Premises temporarily for a period of ________________ months commencing from
___________ and ending on _________, for the purpose of residence only of their
employee and their family members and domestic servants until terminated by efflux of
time or terminated earlier as hereinstated.

2. In consideration of the Licensor giving the Said Premises for use on licence basis to the
Licensee, the Licensee has agreed to deposit and keep deposited with the Licensor as
an interest-free security deposit a sum of Rs. ______________ (Rupees
___________________ Only) (refundable) as hereinafter appearing.

3. The Licensee shall pay to the Licensor a sum of Rs. ___________ (Rupees
_________________ Only) as compensation per month for permission to use and
occupy the Said Premises. The said compensation shall be subject to deduction of Tax
at Source as per Income Tax Rules.

4. The Licensor has obtained the necessary NOC dated _________ from the Said Society.

5. The Licensee shall be at liberty to make, fix or install fixtures and fittings in the Said
Premises including air conditioners, shelves, screens, racks, sunblinds, household
fittings and other conveniences reasonably required by them for or in connection with the
use and occupation of the Said Premises and on the termination of this agreement shall
remove the same and make good any damage which may be caused to the Said
Premises by such removal.

6. The Licensee hereby acknowledges that immediately on the expiry of this licence or
earlier revocation / termination thereof, the Licensee shall at their own cost remove
themselves and their employees or servants together with all articles and things
belonging to the Licensee, and handover and/or deliver the vacant, quiet and peaceful
charge of the said premises without any let or hindrance against refund and realisation
of Security Deposit.

7. It is agreed that the Licensee shall pay in addition to the amount of monthly
compensation as aforesaid the actual charges for consumption and use of electricity and
telephone charges (if any) based on the bills received from the concerned authority.

8. The Said Premises shall be used for the purpose of residence only of the Licensee’s
employee, their family and bonafide guests and domestic servants. The licence hereby
granted is personal to the Licensee and the Licensee shall not assign or sublet or create
the third party rights or transfer the benefit of this Agreement to any other person or part
with the possession of the Said Premises or any portion thereof.

9. The Licensee shall not do or suffer to be done anything in the Said Premises which is
likely to be a nuisance or annoyance to the occupants of the said building .

10. (a) The Licensor hereby states that the Licensor is the owner of the flat and all the
rights, title and interests in the flat vest absolutely in the Licensor and the Licensor
is entitled to give the flat on leave and licence basis without any hindrance
whatsoever.
(b) The Licensor hereby states that the Licensor has not sold, assigned,
encumbered, gifted, set up a trust in or mortgaged, in any manner whatsoever, his
right title or interest in the Said Premises and that the same are unencumbered
and free from any mortgage, charge, lien etc. and agrees that during the license
period the Licensor shall not do the same without prior written permission of the
Licensee.

(c) The Licensor avers that there is no court case pending in any court in India so as
to prejudicially affect the license granted to the Licensee for the entire duration of
the agreement.

11. Notwithstanding anything contained in this agreement, on the expiry of or, in case of
sooner determination / termination of this agreement, if the Licensee is ready and willing
to give vacant and peaceful possession of the Said Premises to the Licensor, but the
Licensor does not refund the Security Deposit of Rs. ___________ (Rupees
_______________ Only) so that same may be realised by the Licensee simultaneously
with handing over the Said Premises to the Licensor, the Licensee may continue to
occupy the Said Premises without being liable to pay any rent for such period till such
time as the Security Deposit is not refunded and realised by the Licensee as also be
entitled to receive 24% interest on the Secuirty Deposit, payable from the date when the
Licensee is ready and willing to give possession as aforesaid to the date of refund and
realisation of the Security Deposit by the Licensee.

12. The Licensee or any person claiming through the Licensee shall not at any time put up
any claim of tenancy or sub-tenancy or any other adverse right or title in the said
premises and this agreement shall not be construed as creating any such right or title
into or upon the Said Premises in favour of the Licensee, it being expressly agreed and
declared that this is a bare licence with a mere limited right of user for the residence
purpose only of the Licensee / their employee and his family etc. during the period that
the licence subsists.

13. The Licensor shall :


a. pay and discharge all past, present and future rates, taxes, cesses, assessments,
charges, Government, Municipality or any other local or public body or authority in
respect of the Said Premises;

b. not do, omit or suffer to be anything whereby the Licensee’s right to use and
occupy the Said Premises pursuant to this agreement is avoided forfeited or
extinguished,

c. not surrender or otherwise encumber, deal with or dispose of the Said Premises
or any part thereof or his interest therein during the period of this agreement to or
in favour of any person,
d. keep the Said Premises in good structural repair, order and condition and to do at
his cost all heavy and structural repairs thereto as may be necessary or required
from time to time,

e. indemnify and keep indemnified the Licensee against all actions suits and
proceedings and all costs charges expenses loss or damages incurred or suffered
by or caused to the Licensee by reason of any breach, non-observance, non-
performance or non-payment by the Licensor of their obligations as aforesaid.

f. pay and discharge all past, present and future dues, taxes, charges if any,
including non-occupancy charges, payable to the society for letting out the
premises on leave and licence.

14. This agreement shall not be terminated by either party for the first eleven months. During
the remaining twenty-two months and renewal thereof, the Licensee may terminate the
agreement by giving one months notice in writing. However, during this remaining
period and renewal thereof, the Licensor may terminate the agreement by giving three
months notice in writing in case the Licensee fails to pay the compensation and or on
material breach of any terms or conditions of this agreement by the Licensee. The
Licensor however shall notify the Licensee and give them one months time to rectify the
breach before terminating the agreement.

Even during the initial period of 11 months, Licensee shall be entitled to terminate this
agreement by giving three months notice in writing to the licensor, in
case______________, an employee of the Licensee who will reside in the Said
Premises ceases to be the employee of the Licensee or being transferred.

15. The Licensee shall be entitled to nominate any of its employees to reside in the Said
Premises during the period of this agreement.

16. The license shall stand terminated in the event of the Said Premises or any part thereof
being destroyed or damaged by fire, earthquake, riots, civil war or due to the falling down
or any part thereof so as to render the Said Premises or any part thereof unfit for use,
occupation or enjoyment by the Licensee for the purpose and in accordance with the
terms of the agreement. In this case both the parties shall bear the damages sustained,
themselves.

17. The Licensee shall keep the interior of the Said Premises and the Licensor’s fixtures and
fittings, including electrical, sanitary and plumbing fixtures therein in good and tenantable
repair and condition, reasonable wear and tear excepted.

18. The Licensee shall not do any act or deed which may cause nuisance and annoyance to
the Licensor or to the other occupants of the flats in the building wherein the Said
Premises are situated.
19. It is hereby clarified and agreed that this agreement shall alone govern the rights and
obligations of the parties hereto.

20. Since the Leave and License Agreement is entered into by the parties strictly in terms of
the ___________ Rent Control Act,______, the Licensee hereby agrees that the
Licensor shall be entitled to recover possession of the Said Premises within the meaning
of Section ___ of the _____________ Rent Control Act, ______ as amended from time
to time.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective
hands and seals to this agreement, in duplicate, the day and the year first hereinabove written.

SIGNED AND DELIVERED by withinnamed )


Licensor ______________________________ )
in the presence of )

SIGNED AND DELIVERED by withinnamed )


Licensee _______________________ )
through its authorised signatory )
______________________________ )
in the presence of )
Annexure 5

UNDERTAKING

Name of the Company


Address:__________

Sub : Company Leave and Licensed Accommodation

Dear Sirs,

I thank you for signing the (1) Leave and Licence; and (2) Security Deposit agreements
(hereinafter referred to as the “said documents”) dated __________ with
________________________ resident of ___________________________ (“Licensor”), on my
request for taking on leave and licence the premises situated at
______________________________________________________________ (“said
premises”), with effect from __________________. The rent is being paid by the Company to
the Licensor, to provide accommodation for myself and my family members. This arrangement
has been made with the Licensor since I am in the employment of the Company. I, therefore, in
consideration of above hereby undertake and agree as follows :

1. That if the Leave and Licence is terminated by the Licensor or the Company, I shall
vacate the said premises within the notice period mentioned in the Leave and Licence
Agreement.

2. That I shall vacate the said premises and hand over the vacant possession (after making
good any damage caused to the said premises, furniture / fixture / amenities, fair wear
and tear excepted, etc.) if :

(i) I resign from the service of the Company or on receiving my termination letter; within
the notice period given in my letter of appointment;

(ii) On my retirement, on the last day of my service with the Company;

(iii) On my being transferred / relocated, within the period permitted by the Company;

3. That in the event of my failing to do aforesaid, I shall be liable to pay all the damages /
costs / charges / amount etc. which the Company may suffer as a result of the
following :
(i) Penal rent paid by the Company and/or the Security Deposit forfeited by the Licensor
as a result of my not vacating the said premises in time;

(ii) Damages paid on account of loss to the property / furniture / fittings / fixtures etc.
(fair wear and tear excepted) during my stay in the flat as given in respective
agreements;

4. That following charges will be paid by me regularly from the date of agreement upto the
date of vacation of the flat :
(i) Electricity charges
(ii) Telephone bills
(iii) Any other charges payable by me under the said documents.

5. That the Company may recover the amounts enumerated in Clause(3) and Clause(4)
hereinabove written from any dues payable to me on any account whatsoever.

6. That I undertake to indemnify the Company and keep them indemnified in respect to
aforesaid. This indemnification is only in respect of amounts for which I am directly
liable.

7. That I shall abide by the terms and conditions of the said documents and remain bound
with the consequences arising thereof. This Undertaking shall also apply to the renewal
of the said documents.

8. That if I continue to wrongfully retain possession of the said premises on my resignation /


termination / retirement / transfer / relocation or use it for purposes other than residence
for myself and my family, then the Company shall take recourse to action under Section
630 of the Companies Act, 1956 or any other law, for the time being in force in India, as
per their entire discretion.

Yours sincerely,

(____________________)

Place : _______________

Date : _______________

You might also like