LEASE FOR EXTRACTING MINERALS FROM THE LAND
THIS LEASE made at………………on this………………day of........................20….. between ..................., son of .............................., resident of(hereinafter referred to as the Lessor, which expression shall, where the context so admits, Include the Immediate reversioner for the time being expectant upon the term hereby created) of the ONE PART and the ......................., a company registered under Companies Act and having its registered office at (hereinafter referred to as the Lessee, which expression shall, where the context so admit include its successors and assigns) of the OTHER PART.
NOW THIS DEED WITNESSETH AS FOLLOWS:
The Lessor hereby demises to the Lessee ALL THOSE the minerals in and under the land described in the Schedule hereto, hereinafter referred to as the demised premises, together with the liberties and with the reservations and expectations hereinafter mentioned, TO HOLD the demised premises for the term of ……………… years commencing from the……………… day of………………paying therefor the rents and royalties hereinafter mentioned.
(2) The Lessee will be entitled to the following liberties in the demised premises:
(i) To search for win, work, get, raise, carry away and dispose of for the lessee's own use and benefit the minerals hereby demised and to let down any surface of the demised premises, where such letting down is reasonably required for working the demised mines paying compensation as hereinafter mentioned.
(ii) To erect upon the demised premises dwelling houses for agents, miners and workmen with the prior consent in writing by the Lessor or his duly authorised agent in this behalf.
(iii) To erect, construct and maintain such engines, machinery and works and to make such railway line and other roads in and upon the demised premises as may be necessary or convenient.
(iv) To drive, make and use below the surface of the demised premises such audits, drifts, tunnels, water courses, drains and other ways and to erect any machinery or apparatus for ventilating or draining the demised mines
(v) To do all things which shall be convenient or necessary for the aforesaid purposes.
(3) There are excepted and reserved to the Lessor out of this demise the following
(i) All trees and timber growing on the demised premises with the right to fell and remove the same.
(ii) All mines and minerals not hereinbefore expressly authorised to be got from the demised premises by the Lessee and liberty for the Lessor or his authorised agent to search for sink pints and to work, raise, carry away and dispose off such mines and minerals.
(iii) So much of the minerals which are required for the support of any house or construction now standing on the demised premises or which may hereafter be erected thereon.
(4) The Lessee hereby covenants with the Lessor as follows:
(i) To pay fixed yearly rent of Rs………………payable in, equal quarterly instalments on the day of………………the day of………………the day of………………and the day of……………… in each year (the first quarterly payment of the said rent of Rs………………to be made on the................. day of ).
(ii) To pay royalty by way of lease rent of………………paise per every ton of minerals taken out of the mines hereby demised under the authority of this deed, every payment of such royalty to be made on the quarterly rent day after such way leave shall have been exercised.
(iii) To pay all existing and future rates, taxes, cess, assessments, duties, impositions, outgoings, whatsoever imposed or charged upon the demised premises or the minerals thereof
(iv) To work and get the demised mines in a skilful and workman like manner without damaging the other mines and minerals of the Lessor under the demised premises or in the vicinity thereof or to the houses, buildings, walls and erection thereon.
(v) To fence off the demised premises from the adjoining lands and to keep such fence in good tenantable condition.
(vi) To indemnify and keep the lessor indemnified against all action proceedings, claims and demands in respect of any injury or damage arising out of the use of the demised premises or in respect of any nuisance apprehended therefrom
(vii) To level the pits and shafts that may be made or sunk under the authority of this deed.
(viii) To keep all pits, shafts, drifts, buildings, workshops, erection, machinery, engines and other works used in connection with the demised premises in good and repair conditions and working order.
(ix) To keep accurate accounts showing the quantity of minerals taken out of the demised premises and to deliver to the Lessor or his agent a copy of the account in writing signed by some responsible officer of the Lessee along with the payment of royalty and to allow Lessor or his authorised. agents inspection of the said accounts and to permit them to take copies or extracts therefrom.
(x) To permit the Lessor or his agents with or without surveyors, or other persons at all reasonable times to enter upon, miners, inspect and examine the said mines and demised premises and every part thereof for the purpose of ascertaining the condition thereof and the manner of working by the Lessee and in case the Lessor finds that the said mines or any of them are being worked in an improper or unworkman like manner, he shall give notice in writing to the Lessee to amend his means and the Lessee shall amend his working to the full satisfaction of the Lessor.
(xi) Not to underlet, transfer, assign or part with the possession of the demised premises or any part without obtaining the consent of the Lessor in writing, which consent shall not be unnecessarily withheld.
(xii)Not to interfere with the mines and minerals lying within or under the demised premises not demised to the Lessee with mines and minerals not demised
(xiii) To restore the demised premises to their original or natural level, state and condition before the determination of lease.
(xiv) On the determination of the lease, to deliver up the demised premises with all buildings, railways, fixed machinery, fixtures and apparatus used in connection with the demised mines in good and substantial repair condition
(5) The Lessor hereby covenants with the Lessee as follows:
(i) That the Lessee paying the rent and royalties hereby reserved and performing and observing several stipulations and covenants herein on their part contained, shall peaceably hold and enjoy the demised premises, liberties and rights hereby demised without any interruption by the Lessor or any person rightfully claiming under or in trust for him
(ii) That he will keep the Lessee indemnified against all claims, suit, proceedings and demands made by the other Lessees of the Lessor in respect of injury or loss alleged to be caused by the proper exercise of his rights and liberties granted hereunder.
(6) It is hereby expressly agreed between the parties as follows:
(i) If and whenever any of the rents or royalties hereby reserved or any part thereof shall be in arrear for three months or if any of the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed shall not be so observed and performed by the Lessee; it shall be lawful for the lessor or any person duly authorised by him in that behalf at any time hereafter to enter into and upon the demised premises and the same to have, possess and enjoy and thereupon this demise shall absolutely determine, but without prejudice to the right of action of the Lessor in respect of arrears of rent and/or royalties or any breach of any of the covenants by the Lessee herein contained; provided that no re-entry shall be made for non payment of rent and/or royalty or for breach of the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed unless and until the Lessor shall have given to the Lessee a notice in writing specifying the amount payable to him or the covenants, conditions or stipulations which are required to be complied with or carried out and the Lessee shall have failed to pay the rent and/or royalty or to comply with or carry out the same within one month from the date of receipt of such notice.
(ii) If the mines demised shall be wholly exhausted before the expiration of the term hereby granted or if any time the mines hereby demised shall become unworkable due to any inevitable reason, not to improper working or default of the Lessee, then in any of such cases, the Lessee may determine the lease upon any of the said quarterly rent days by giving to the Lessor three months previous notice in writing to that effect and the Lessee shall pay up to the time or such determination, the rents and royalties and perform and observe the covenants and stipulations on their part hereinabove contained.
(iii) If any question, difference or dispute shall arise between the parties hereto concerning the interpretation of this deed or concerning the rents and royalties to be paid or observed or the rights, duties and liabilities of the parties hereunder, the same shall be referred to the decision of a single arbitrator in accordance with the Arbitration Act, 1940 or any statutory re-enactment or modification thereof for the time being in force
(iv) Until the Lessor and the Lessee shall otherwise advise each other in writing, their respective addresses for service of all notices and other communication shall be as under:
(a) For Lessor
(b) For Lessee:
(7) This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee.
(8) The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee.
(9) The marginal notes and the catch lines hereto are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents
IN WITNESS WHEREOF the Lessor has set its hands to these presents and a duplicate hereof and the Lessee has caused its common seal to be affixed hereunto and a duplicate hereof on the day and year hereinabove written
WITNESSES Signed and delivered by ............, the within named Lessor
2. The common seal of.........................., the within named Lessee was hereunto affixed, pursuant to the resolution of its Board of Directors passed on the................. in the presence of Shri……………… Director who has signed these presents in token thereof