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LEASE AGREEMENT

THIS AGREEMENT is made the 31st day of December 2001,


between Mr. Rana Dilmir N.I.C. No. 323-63-962936 S/o Murad Ali,
R/o Chowk Jandra, Riaz Abad Road, Qadir Pur Raan, Tehsil &
District Multan (hereinafter for the sake of brevity referred to as
LESSEE) of the ONE PART.

AND

THE TEHSIL MUNICIPAL ADMINISTRATION SADAR


MULTAN through its NAZIM Makhdoom Syed Ahmad Mujtaba
Gilani S/o Makhdoom Syed Alamdar Hussain Gilani (hereinafter
also for the sake of brevity referred to as the LESSOR) of the
OTHER PART.

WHEREAS the lessee, in open auction has given the bid to get
on lease the rights of collection of “Sewer Tax of Unit Qadir Pur
Raan, Tehsil Saddar Multan” for a period of seven months
commencing from 1.12.2001 to 30.6.2002.

AND WEHREAS the lessor has accepted this offer of the


lessee and has agreed to give the rights of the collection of Sewer
Tax of Unit Qadir Pur Raan, Tehsil Saddar Multan to lessee for the
said term.

NOW, THEREFORE, THIS AGREEMENT WITNESSES as


follows: -
1. That the period of the lease for collection of tax on the transfer
of immovable property is seven months commencing from
1.12.2001 till 30.6.2002.

2. That amount of lease is Rs. 92,000/- (ninety two thousand


rupees only). Out of which the lessee has paid 1/5 share
amounting to Rs. 18,400/-. The rest of lease money is divided
into five equal shares, which the lessee shall pay in monthly
installments on the 5th day of every month and in case of
holidays, on the first working day. As such the first installment
was due before taking over the charge and last installment will
be paid on 5th day of April 2002. After adjusting his earnest
money in the 1/5 share 2% security and first installment, the
lessee has cleared his dues of first installment amounting to
Rs. 14,720/- (fourteen thousand, seven hundred and twenty
rupees only).

3. That the lessee shall pay the monthly installments on due date
without any fail. If he does not do so then his lessee-ship will
be cancelled forthwith at his risk and cost and his whole paid
money will be forfeited.

4. That the lessee has paid 2% security amounting to


Rs. 1,840/-. It will remain deposited upto six months after the
expiry of the lease period and will be refunded after the
clearance of all sorts of dues etc.
5. That according to the terms and conditions of auction, the
lessee will have to pay Income Tax to the lessor at the rate of
5%. Now, the new policy of Income Tax Department is not
clear, therefore, the lessor has called clarification from the said
department. The lessee has undertaken that he will follow the
Income Tax policy/rules in its letter and spirits.

6. That the lessee will follow and act upon the Punjab Local
Council Lease Rules 1990 and all other legal provisions, rules,
notifications & instructions issued or will be issued by the
Govt. or the lessor.

7. That the lessee shall charge Sewer Tax of Unit Qadir Pur
Raan, Tehsil Saddar Multan according to notified schedule
rate. If he overcharges or extorts money, from the tax payers,
then according to Rule 8 (2) of Lease Rules, he shall have to
refund the overcharged amount with eleven times penalty. The
Tehsil Municipal Officer/Tehsil Officer Regulation will decide
the complaint/appeal and impose the penalty. The lessee may
challenge this order before the Nazim by filing appeal under
rule 8 (3) of the lease rules.

8. That the lessee may collect Sewer Tax of Unit Qadir Pur Raan,
Tehsil Saddar Multan either by himself or through his agents
and the lessor will not provide any staff for this purpose. If the
lessor appoints a staff, then the lessee shall have to pay their
monthly salaries along-with all kind of emoluments, pension
funds, leave salaries and all kind of benefits which the Govt.
has granted or will grant afterwards.

9. That if the rate of the fee is increased, then the amount of lease
will be enhanced at the same ratio and the lessee shall pay the
installments at the enhanced rate without fail.

10. That if the rate of fee/tax is decreased or it is abolished or


exemption is given on certain items, then the lessee shall
follow the same, he will not claim any kind of relief or
relaxation in the lease money.

11. That the lessee will use the prescribed books of receipts and
other stationery which he will purchase from the lessor. These
books and other stationery are the property of the lessor and
the lessee will return those used or unused books etc. after the
expiry of lease period. If the lessee uses his self-printed
receipts then that will be considered as forged documents and
penal action will be taken against him.
12. That during the lease period, if the Govt. or lessor issue
instructions, notifications, rules in this regard, the lessee will
be bound to obey and follow the same.

13. That in case of any dispute regarding lessee-ship, the parties


will get it resolved from the Arbitrator. The worthy District
Coordination Officer Multan is the sole arbitrator, his decision
will be final and it can not be challenged before any forum.

14. That all the clauses of the terms and condition of auction are
part and parcel of this agreement and have binding effect upon
the parties.

15. That in any case the litigation is started between the parties, or
with third person then the lessee will be bound to bear all
kinds of expenses including legal fee etc. of the lessor.

16. That if the lessee violates or disobeys any clause of this


agreement, then this lease will be cancelled at his risk and
cost; and his whole deposited amount will be forfeited. The
lessor may re-auction the lease or will collect the fee through
his staff. In such a situation if the lessor suffers any kind of
loss then the lessee shall have to pay the same to the lessor. If
he does not do so, then that loss will be recovered from the
lessee, his property, guarantor and his property as arrears of
land revenue or through any other prevalent legal method.

17. That lease period will come to an end between the night of
30.6.2002 and 1.7.2002 at 12 o’ clock. The lessee shall hand
over the possession to the lessor at once without any fail. If, in
any manner, he gets extended the period and does not hand
over the charge, then he shall have to pay the total lease
money along-with three times penalty of the total lease
amount.

18. That if any kind of dispute arises between the parties and
matter is referred to the Arbitrator or lessee goes to any court
of law or any other forum, he cannot stop the payment of
monthly installments in any manner. If he does so the penal
action will be taken against him.
19. That if due to any cause, the lease is cancelled, then within
reasonable time, on the application of the lessee the lessor is
empowered to restore the lease after imposing some
reasonable penalty.
20. That the lessee will maintain the record on the prescribed
books. The Nazim, Tehsil Municipal Officer, Tehsil Officer
Regulations and any person authorised by the Nazmim may
visit the spot, check the record to stop overcharging and illegal
acts of the lessee and the staff of the lessor. At their report,
penal action under law of the Land may be taken against the
culprits.
IN WITNESS WHEREOF Mr. Abdul Ghaffar, the
lessee and Makhdoom Syed Ahmad Mujtaba Gilani, the
Nazim for and on behalf of the said Tehsil Municipal
Administration, Sadar Multan, hereto at Multan signed the day
and year first above written.

Note: - The contents of the agreement are read over to


the parties. They and witnesses after accepting
the same, have put their signatures/thumb
impressions on this document.

Witnesses: - LESSEE
1. Jam Sajjad Husain Mr. Abdul Ghaffar
Tehsil Officer (R) _____________________
______________

2. Muhammad Riaz LESSOR


Hussain Baloch Makhdoom Syed Ahmad Mutaba Gilani
Tax Clerk ______________________
______________

Scribed by: -
Syed Muhammad Afaq Shah,
Advocate High Court,
93-District Courts, Multan.
Schedule of Sewer Tax of Unit Qadir Pur Raan,
Tehsil Saddar Multan.

Schedule Rate is as follows: -

1. House Sewer: Rs. 20/- per month

2. House Main hole: Rs. 40/- per month

3. Mill/Factory/Cold Storage/
Ice Factory: Rs. 300/- per month
4. Motor Service Station: Rs. 500/- per month

5. Tanneries: Rs. 300/- per month


6. Soda Factory: Rs. 200/- per month

7. Hotel/Private Hospital: Rs. 100/- per month

8. Private Office: Rs. 100/- per month

9. Sweet Shop/Restaurant/Barbar: Rs. 50/- per month

10. Flour (Aata) Chakki (Engine): Rs. 100/- per month

Tehsil Nazim,
Tehsil Municipal Administration,
Saddar Multan.
LEASE AGREEMENT

THIS AGREEMENT is made the 19th day of February 2002,


between Mr. Muhammad Ashraf N.I.C. No. 321-59-077215 S/o Wali
Muhammad, R/o Kot Sher Singh, Post Office Kot Radha Kishan,
Tehsil & District Qasoor, (hereinafter for the sake of brevity referred
to as LESSEE) of the ONE PART.

AND

THE TEHSIL MUNICIPAL ADMINISTRATION SADAR


MULTAN through its NAZIM Makhdoom Syed Ahmad Mujtaba
Gilani S/o Makhdoom Syed Alamdar Hussain Gilani (hereinafter
also for the sake of brevity referred to as the LESSOR) of the
OTHER PART.

WHEREAS the lessee, in open auction has given the bid to get
on lease the rights of collection of “Mutafariq License Fee, Tehsil
Municipal Multan Saddar” for a period of seven months
commencing from 1.12.2001 to 30.6.2002.

AND WEHREAS the lessor has accepted this offer of the


lessee and has agreed to give the rights of the collection of Mutafariq
License fee of the Tehsil Municipal Multan Saddar to lease for the
said term.

NOW, THEREFORE, THIS AGREEMENT WITNESSES as


follows: -
1. That the period of the lease for collection of Mutafariq
License Fee is seven months commencing from 1.12.2001 till
30.6.2002.

2. That amount of lease is Rs. 521,000/-. This lease money has


been divided into three equal shares. According to the terms
and conditions of auction, the lessee had to pay the first
installment before taking over the charge and other two
installments were to be paid on 1st of January and on 1st of
February 2002. The lessee has paid the first installment before
taking over the lease. Because the lessor has given the work
order on 24.1.2002, therefore, on the application of the lessee,
the House has changed the dates for the payment of last two
installments. Now as per decision of the House, the lessee
shall pay the second installment on 20.2.2002 and third and
last installment on 20.3.2002 and in case of holiday, on the
first working day.

3. That the lessee shall pay the monthly installments on due dates
without any fail. If he does not do so then his lessee-ship will
be cancelled forthwith at his risk and cost and his whole paid
money will be forfeited.

4. That after adjustment of earnest money into 2% security


amounting to Rs. 10,420/- his remaining earnest money
amounting to Rs. 89,540/- will be adjusted in his last
installment. The security will remain deposited upto six
months after the expiry of the lease period and will be
refunded after the clearance of all sorts of dues etc.

5. That according to the terms and conditions of auction, the


lessee is bound to pay the Income Tax to the lessor at the rate
of 5%. Now, the new policy of Income Tax Department is not
clear, therefore, the lessor has called clarification from the said
department. The lessee has undertaken that he will follow the
Income Tax policy/rules in its letter and spirits.

6. That the lessee will follow and act upon the Punjab Local
Council Lease Rules 1990 and all other legal provisions, rules,
notifications & instructions issued or will be issued by the
Govt. or the lessor.

7. That the lessee will collect the Mutafariq License fee


according to the notified schedule rate. If he overcharges or
extorts money, from the tax payers, then according to Rule 8
(2) of Lease Rules, he shall have to refund the overcharged
amount with eleven times penalty. The Tehsil Municipal
Officer/Tehsil Officer Regulation will decide the
complaint/appeal and impose the penalty. The lessee may
challenge this order before the Nazim by filing appeal under
rule 8 (3) of the lease rules. For this purpose, the lessee has
deposited an amount of Rs. 10,000/- (ten thousand rupees) as
security for the payment of refund claims. He will keep this
amount intact till final disposal of refund claims. This refund
security amount will remain with the lessor six months after
the expiry of lease period.

8. That the lessee may collect Mutafariq License fee either by


himself or through his agents. The lessor shall not provide him
any staff for this purpose. If the lessor appoints some staff,
then the lessee shall have to pay their monthly salaries, all
kind of emoluments, pension funds, leave salaries and all kind
of benefits which the Govt. has granted or will grant
afterwards.

9. That if the rate of the fee is increased, then the amount of lease
will be enhanced at the same ratio and the lessee shall pay the
installments at the enhanced rate without fail.

10. That if the rate of fee is decreased or it is abolished totally or


on certain items, then the lessee will not claim any kind of
relief or relaxation in the lease money.

11. That the lessee will use the prescribed books of receipts and
other stationery which he will purchase from the lessor. These
books and other stationery are the property of the lessor and
the lessee will return those used or unused books etc. after the
expiry of lease period. If the lessee uses his self-printed
receipts then that will be considered as forged documents and
penal action will be taken against him.

12. That in case of calamity, disturbance, disaster, law and order


situation due to nature, war, strikes, political or any other
cause, the lessee suffers any loss, he will not be entitled to
claim any kind of rebate, relaxation from the lessor in the
lease money or terms and conditions of the lease.

13. That in case of any dispute regarding lesseeship, the parties


will get it resolved from the Arbitrator. The worthy District
Coordination Officer Multan is the sole arbitrator, his decision
will be final and it can not be challenged before any forum.

14. That all the clauses of the terms and condition of auction are
part and parcel of this agreement and have binding effect upon
the parties.

15. That in any case the litigation is started between the parties, or
with third person then the lessee will be bound to bear all
kinds of expenses including legal fee etc. of the lessor.
16. That lease period will come to an end between the night of
30.6.2002 and 1.7.2002 at 12 o’ clock. The lessee shall hand
over the possession to the lessor at once without any fail. If, in
any manner, he gets extended the period and does not hand
over the charge, then he shall have to pay the total lease
money along-with three times penalty of the total lease
amount.

17. That if any kind of dispute arises between the parties and
matter is referred to the Arbitrator or lessee goes to any court
of law or any other forum, he shall not stop the payment of
monthly installments in any manner. If he does so the penal
action will be taken against him.
18. That the lessee will prepare his record of collection of fee on
the prescribed books. The lessor, Tehsil Municipal Officer,
Tehsil Officer Regulations and any person authorised for the
purpose may inspect the record at any time during working
hours.

19. That if the lessee violates or disobeys any clause of this


agreement, then this lease will be cancelled at his risk and
cost; and his whole deposited amount will be forfeited. The
lessor may re-auction the lease or will collect the fee through
his staff. In such a situation if the lessor suffers any kind of
loss then the lessee shall have to pay the same to the lessor. If
he does not do so, then that loss will be recovered from the
lessee, his property, guarantor and his property as arrears of
land revenue or through any other prevalent legal method. The
lessee and his legal heirs are bound to follow this agreement
and it has same effect upon the legal heirs of the lessee as it
has effect on the lessee himself.

20. That if due to any cause, the lease is cancelled, then within
reasonable time, on the application of the lessee the lessor is
empowered to restore the lease after imposing some
reasonable penalty.
IN WITNESS WHEREOF Mr. Muhammad Ashraf, the
lessee and Makhdoom Syed Ahmad Mujtaba Gilani, the
Nazim for and on behalf of the said Tehsil Municipal
Administration, Sadar Multan, hereto at Multan signed the day
and year first above written.

Note: - The contents of the agreement are read over to


the parties. They and witnesses after accepting
the same, have put their signatures/thumb
impressions on this document.

LESSOR LESSEE
Makhdoom Syed Ahmad Mutaba Gilani Mr. Muhammad
Ashraf
_____________________ ______________

Witnesses: -

1. Jam Sajjad Husain 2. Muhammad Riaz Hussain Baloch


Tehsil Officer (R) Tax Clerk

______________ ______________

Scribed by: -
Syed Muhammad Afaq Shah,
Advocate High Court,
93-District Courts, Multan.

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