Frequently asked questions: Copyright Act, 1957

Definition
Q1. What is meant by adaptation?
Ans. Adaptation means:

       1. In relation to dramatic work, the conversion of the work into non dramatic work.
       2. In relation literary work or an artistic work the conversion of the work into a dramatic work by way of performance in public or otherwise.
       3. In relation to literary or dramatic work any abridgement of the wok or any version of the work in which the story or action is conveyed wholly or mainly by pictures in a form suitable for the reproduction in a book or in a newspaper or magazine.
       4. In relation to musical work any arrangement or transcription of work.
       5. In relation to any work, any use of such work involving its re-arrangement or alterations.

Q2. What is meant by cinematograph film?
Ans. It means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means. It also includes a sound recording accompanying such visual recording and cinematograph shall be construed as including any work produced by any process analogous to cinematography including video films. 
Q3. What is meant by Government work?
Ans. Government work means a work which is made or published under the control of

       1. The Government or any department of government
       2. Any legislature in India
       3. Any court, tribunal or other judicial authority in India.

Q4. What is the meaning of "Indian Work"?
Ans. Indian work means a literary, dramatic or musical work;

       1. The author of which is a citizen of India, or
       2. Which is first published in India, or
       3. The author of which in the case of unpublished work is at the time of the making of work, a citizen of India.

Q5. What is meant by infringing copy?
Ans. Infringing copy means;

       1. In relation to a literary dramatic, musical or artistic work, a reproduction thereof otherwise than in a form of cinematograph film.
       2. In relation to a cinematographic film, a copy of the film made on any medium by any means.
       3. In relation to a sound recording, any other recording embodying the same sound recording made by any means.
       4. Reproduction of a programme or performance, if such copy or such sound recording is made or imported in contravention of provision of this Act.

Copyrights
Q6. In what type of works copyright subsists?
Ans. Copyright subsists in the following classes of work:

       1. Original literary, dramatic, musical and artistic works,
       2. Cinematograph films
       3. Sound recording

Q7. Under what circumstances copyright does not subsist in a cinematographic film?
Ans. Copyright does not subsist in any cinematograph film if substantial part of of the film is an infringement of the copyright in any other work.
Q8. What is meant by copyright in the case of literary, dramatic or musical work and computer programme?
Ans. It means the exclusive right to do or authorize the doing of any of the following acts:

       1. To reproduce the work in any material form
       2. To issue copies of the work to public
       3. To make any cinematograph firm or sound recording in respect of the work
       4. To make any translation or adaptation of the work.

In case of computer programme it also include right to sell or give commercial rental or offer for sale or for commercial rental or offer for sale or for commercial rental cop of the computer programme.
Q9. What is meant by copyright in an artistic work?
Ans. It means to do or authorize to do any of the following acts:

       1. To reproduce the work in any material form
       2. To communicate the work to the public
       3. To issue copies of the work to public not being copies already in circulation
       4. To include work in any cinematograph film.
       5. To make any adaptation of the work.

Q10. What does the copyright in a cinematograph film implies?
Ans. In the case of a cinematograph film it implies the right to do any of the following acts:

       1. To make a copy of the film, including a photograph of any image forming part  thereof
       2. To sell or give on hire the copy of the film
       3. To communicate the film to the public

In case of sound recording,

       1. To make any other sound recording embodying it
       2. To sell or give on hire the copy of the sound recording
       3. To communicate the sound recording to the public 

Ownership of Copyrights
Q11. Who is the first owner of copyright?
Ans. The author of a work shall be the first owner of the copyright therein. However, in the case of a literary dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or similar periodical the proprietor shall be the first owner.
Q12. In whom the copyright vest in the case of a photograph taken or painting or portrait drawn for valuable consideration at the instance of any person?
Ans. In the absence of any agreement to the contrary the copyright will vest in the person on whose instance work has been done.
Q13. In whom the copyright vest in the case of any address o speech delivered in public?
Ans. In the case of any address or speech delivered in public, the person who has delivered such speech or address on behalf of any other person, such other person shall be the first owner of the copyright therein.
Q14. In whom the copyright vest in case of Government work?
Ans. In the absence of any agreement to the contrary in the case of a Government work, Government shall be the first owner of the copyright.
Q15. Is assignment of copyright possible?
Ans. Yes. the owner of copyright in any existing work or the prospective owner of the copyright in any future work may assign to any person the copyright either wholly or partially either generally or subject to limitations.
Q16. When does the assignment of copyright with respect to the future work takes place?
Ans. It shall take effect only when the work comes into existence.
Q17. what are the modes of assignment of copyright?
Ans.

   1. The assignment of copyright should be in writing and must be signed by the assignor or his duty authorized agent.
   2. The assignment of work should specify the right assigned, identify the work and mention duration and territorial extension, amount of royalty payable if any payable to the author or his legal heir.

If the period of assignment is not stated, it shall be deemed to be 5 years from the date of assignment if the territorial extent is not specified it shall extend within India.
Q18. Who decides the dispute with regard to the assignment of copyright?
Ans. These disputes are decided by, copyright board.
Q19. Can the author relinquish copyright?
Ans. Yes the author can relinquish copyright in the work by giving notice in the prescribed form to the registrar of copyrights. It shall not affect any rights subsisting in favour of any
-Person on the date of the notice referred to in sub-section(1)

Terms of Copyrights
Q20. What is the term of copyright in published literary, dramatic, musical and artistic work?
Ans. In case of work published within the life time of the author until 60 years from the beginning of the calendar year next following the year in which the author dies.
Q21. What is the term of copyright in anonymous and pseudonymous work?
Ans. In the case of a literary, dramatic, musical or artistic work, which is published anonymously or pseudonymously copyright shall  subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.
Where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until 60 years from the beginning of the calendar year next following the year in which the author dies.
Q22. What is the term of copyright in photograph?
Ans. Copyright in photograph shall subsist until sixty years from the beginning of the calendar year next following the year in which the photograph is published.
Q23. What is the term of copyright in sound recording and cinematograph films?
Ans. In the case of sound recording copyright shall subsist until 60 years from the beginning of the calendar year next following the year in which the work is published.
Q24. What is the term of copyright in Government work and work of public undertaking?
Ans. In both the cases, it will subsist upto the period of 60 years from the beginning of the calendar year next following the year in which work is first published.
Q25. What is the term of copyright in posthumous work?
Ans. In this type of cases copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the word year in which the work is first published or where an adaptation of the work is published earlier from the beginning of the calendar year next following that year.

Infringement of Copyright
Q26. When does the copyright deemed as infringed?
Ans. Copyright in a work shall be deemed to be infringed,

       1. If a person does anything the exclusive right to do which is by this Act conferred upon the owner of the copyright or
       2. Permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work.
       3. If any person sale, hire, distribute, by way of trade exhibits in public, imports into India any infringing copies of the work. 

Q27. What type of acts do not amount of infringement of copyright?
Ans. Fair dealing with a literary, dramatic, musical or artistic work for the purpose of criticism or review.

Civil Remedies
Q28. What kind of civil remedies are available in case of infringement of copyright?
Ans. In case of infringement of copyright, owner of the copyright shall be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right.
Q29. Does the author posses any special rights?
Ans. The author of a work shall have the right,

       1. Claim authorship of the work or
       2. Restrain or claim damages in respect of any distortion mutilation, modification or other act in relation to the said work which is done before the expiration of the term of copyright.

The right conferred upon an author of a work by sub-section(1) other than the right to claim authorship of the work may be exercised by the legal representative of the author.
Q30. Does the Act put any restriction on the remedies in the case of works of architecture?
Ans. Where the construction of a building or other structure which infringes or which if completed would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain construction of such building or to order its demolition.

Offences
Q31. What is the provided punishment for a person guilty of infringement of copyright?
Ans. If any person knowingly infringes or abets the infringement of

       1. The copyright in a work or
       2. Any other right conferred by this Act

shall be punishable with imprisonment for a term which shall not be less than 6 months and which may extend to 3 years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees
Q32. What punishment can be imposed on a person guilty of possession of plates for the purpose of making infringing copies?
Ans. Such person shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.

INDIAN PARTNERSHIP ACT, 1932

INDIAN PARTNERSHIP ACT, 1932

Year : 1932

Act : CHAPTER I: PRELIMINARY

1. Short title, extent and commencement
(1) This Act may be called the Indian Partnership Act, 1932.

1[(2) It extends to the whole of India 2[except the State of Jammu and Kashmir].]

(3) It shall come into force on the lst day of October, 1932, except section 69, which shall come into force on the lst day of October, 1933.

2. Definitions
In this Act, unless there is anything repugnant in the subject or context,-

(a) an act of a firm means any act or omission by all the partners, or by any partner or agent of the firm which gives rise to a right enforceable by or against the firm;

(b) business includes every trade, occupation and profession;

(c) prescribed means prescribed by rules made under this Act;

(d) third party used in relation to a firm or to a partner therein means any person who is not a partner in the firm; and

(e) expressions used but not defined in this Act and defined in the Indian Contract Act, 1872 (9 of 1872), shall have the meanings assigned to them in that Act.

3. Application of provisions of Act 9 of 1872
The unrepealed provisions of the Indian Contract Act, 1872, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to firms.
CHAPTER II : THE NATURE OF PARTNERSHIP

4. Definition of partnership, partner, firm and firm name
Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.

Persons who have entered into partnership with one another are called individually partners and collectively a firm, and the name under which their business is carried on is called the firm name.

5. Partnership not created by status
The relation of partnership arises from contract and not from status;

and, in particular, the members of a Hindu undivided family carrying on a family business as such, or a Burmese Buddhist husband and wife carrying business as such, are not partners in such business.

6. Mode of determining existence of partnership
In determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to the real relation between the parties, as shown by all relevant facts taken together.

Explanation 1 : The sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does not of itself make such persons partners.

Explanation 2 : The receipt by a person of a share of the profits of a business, or of a payment contingent upon the earning of profits or varying with the profits earned by a business, does not of itself make him a partner with the persons carrying on the business;

and in particular, the receipt of such share or payment-

(a) by a lender of money to persons engaged or about to engage in any business,

(b) by a servant or agent as remuneration,

(c) by the widow or child of a deceased partner, as annuity, or

(d) by a previous owner or part owner of the business, as consideration for the sale of the goodwill or share thereof,

does not of itself make the receiver a partner with the persons carrying on the business.

7. Partnership at will
Where no provision is made by contract between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is, partnership at will.

8. Particular partnership
A person may become a partner with another person in particular adventures or undertakings.
CHAPTER III : RELATIONS OF PARTNERS TO ONE ANOTHER

9. General duties of partners
Partners are bound to carry on the business of the firm to the greatest common advantage, to be just and faithful to each other, and to render true accounts and full information of all things affecting the firm to any partner or his legal representative.

10. Duty to indemnify for loss caused by fraud
Every partner shall indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm.

11. Determination of rights and duties of partners by contract between the partners
(1) Subject to the provisions of this Act, the mutual rights, and duties of the partners of a firm may be determined by contract between the partners, and such contract may be expressed or may be implied by a course of dealing.

Such contract may be varied by consent of all the partners, and such consent may be expressed or may be implied by a course of dealing.

(2) Agreements in restraints of trade-Notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such contracts may provide that a partner shall not carry on any business other than that of the firm while he is a partner.

12. The conduct of the business
Subject to contract between the partners,-

(a) every partner has a right to take part in the conduct of the business;

(b) every partner is bound to attend diligently to his duties in the conduct of the business;

(c) any difference arising as to ordinary matters connected with the business may be decided by a majority of the partners, and every partner shall have the right to express his opinion, before the matter is decided, but no change may be made in the nature of the business without the consent of all the partners; and

(d) every partner has a right to have access to and to inspect and copy any of the books of the firm.

13. Mutual rights and liabilities
Subject to contract between the partners,-

(a) a partner is not entitled to receive remuneration for taking part in the conduct of the business;

(b) the partners are entitled to share equally in the profits earned, and shall contribute equally to the losses sustained by the firm;

(c) where a partner is entitled to interest on the capital subscribed by him such interest shall be payable only out of profits;

(d) a partner making, for the purposes of the business, any payment or advance beyond the amount of capital he has agreed to subscribe, is entitled to interest thereon at the rate of six per cent per annum;

(e) the firm shall indemnify a partner in respect of payments made and liabilities incurred by him-

(i) in the ordinary and proper conduct of the business, and

(ii) in doing such act, in an emergency, for the purpose of protecting the firm from loss, as would be done by a person of ordinary prudence, in his own case, under similar circumstances; and

(f) a partner shall indemnify the firm for any loss caused to it by his wilful neglect in the conduct of the business of the firm.

14. The property of the firm
Subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of business of the firm, and includes also the goodwill of the business.

Unless the contrary intention appears, property and rights and interests in property acquired with money belonging to the firm are deemed to have been acquired for the firm.

15. Application of the property of the firm
Subject to contract between the partners, the property of the firm shall be held and used by the partners exclusively for the purposes of the business.

16. Personal profits earned by partners
Subject to contract between the partners-

(a) if a partner derives any profit for himself from any transaction of the firm, or from the use of the property or business connection of the firm or the firm name, he shall account for that profit and pay it to the firm;

(b) if a partner carries on any business of the same nature as and competing with that of the firm, he shall account for and pay to the firm all profits made by him in that business.

17. Rights and duties of partners
Subject to contract between the partners-

(a) after a change in the firm-where a change occurs in the constitution of a firm, the mutual rights and duties of the partners in the reconstituted firm remain the same as they were immediately before the change, as far as may be;

(b) after the expiry of the term of the firm, and - where a firm constituted for a fixed term continues to carry on business after the expiry of that term, the mutual rights and duties of the partners remain the same as they were before the expiry, so far as they may be consistent with the incidents of partnership at will; and

(c) where additional undertakings are carried out-where a firm constituted to carry out one or more adventures or undertakings, the mental rights and duties of the partners in respect of the other adventures or undertakings are the same as those in respect of the original adventures or undertakings.
CHAPTER IV : RELATIONS OF PARTNERS TO THIRD PARTIES

18. Partner to be agent of the firm
Subject to the provisions of this Act, a partner is the agent of the firm for the purpose of the business of the firm.

19. Implied authority of partner as agent of the firm
(1) Subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual way, business of the kind carried on by the firm, binds the firm.

The authority of a partner to bind the firm conferred by this section is called his implied authority.

(2) In the absence of any usage or custom of trade to the contrary, the implied authority of a partner does not empower him to-

(a) submit a dispute relating to the business of the firm to arbitration,

(b) open a banking account on behalf of the firm in his own name,

(c) compromise or relinquish any claim or portion of a claim by the firm,

(d) withdraw a suit or proceeding filed on behalf of the firm,

(e) admit any liability in a suit or proceeding against the firm,

(f) acquire immovable property on behalf of the firm,

(g) transfer immovable property belonging to the firm, or

(h) enter into partnership on behalf of the firm.

20. Extension and restriction of partner$s implied authority
The partners in a firm may, by contract between the parties, extend or restrict the implied authority of any partner.

Notwithstanding any such restriction, any act done by a partner on behalf of the firm which falls within his implied authority binds the firm, unless the person with whom he is dealing knows of the restriction or does not know or believe that partner to be a partner.

21. Partner$s authority in an emergency
A partner has authority, in an emergency, to do all such acts for the purpose of protecting the firm from loss as would be done by a person of ordinary prudence, in his own case, acting under similar circumstances, and such acts bind the firm.

22. Mode of doing act to bind firm
In order to bind a firm, an act or instrument done or executed by a partner or other person on behalf of the firm shall be done or executed in the firm name, or in any other manner expressing or implying an intention to bind the firm.

23. Effect of admissions by a partner
An admission on representation made by a partner concerning the affairs of the firm is evidence against the firm, if it is made in the ordinary course of business.

24. Effect of notice to acting partner
Notice to a partner, who habitually acts in the business of the firm of any matter relating to the affairs of the firm operates as notice to the firm, except in the case of a fraud on the firm committed by or with the consent of that partner.

25. Liability of a partner for acts of the firm
Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.

26. Liability of the firm for wrongful acts of a partner
Where, by the wrongful act or omission of a partner acting in the ordinary course of the business of a firm, or with the authority of his partners, loss or injury is caused to any third party, or any penalty is incurred, the firm is liable therefor to the same extent as the partner.

27. Liability of firm for misapplication by partners
Where-

(a) a partner acting within his apparent authority receives money or property from a third party and misapplies it, or

(b) a firm in the course of its business receives money or property from a third party, and the money or property is misapplied by any of the partners while it is in the custody of the firm,

the firm is liable to make good the loss.

28. Holding out
(1) Anyone who by words spoken or written or by conduct represents himself or knowingly permits himself to be represented, to be a partner in a firm, is liable as a partner in that firm to any one who has on the faith of any such representation given credit to the firm, whether the person representing himself or represented to be a partner does or does not know that the representation has reached the person so giving credit.

(2) Where after a partner$s death the business is continued in the old firm name, the continued use of that name or of the deceased partner$s name as a part thereof shall not of itself make his legal representative or his estate liable for any act of the firm done after his death.

29. Rights of transferee or a partner$s interest
(1) A transfer by a partner of his interest in the firm, either absolute or by mortgage, or by the creation by him of a charge on such interest, does not entitle the transferee, during the continuance of the firm, to interfere in the conduct of the business, or to require accounts, or to inspect the books of the firm, but entitles the transferee only to receive the share of profits of the transferring partner, and the transferee shall accept the account of profits agreed to by the partners.

(2) If the firm is dissolved or if the transferring partner ceases to be a partner, the transferee is entitled as against the remaining partners to receive the share of the assets of the firm to which the transferring partner is entitled, and, for the purpose of ascertaining that share, to an account as from the date of the dissolution.

30. Minors admitted to the benefits of partnership
(1) A person who is a minor according to the law to which he is subject may not be a partner in a firm, but, with the consent of all the partners for the time being, he may be admitted to the benefits of partnership.

(2) Such minor has a right to such share of the property and of the profits of the firm as may be agreed upon, and he may have access to and inspect and copy any of the accounts of the firm.

(3) Such minor$s share is liable for the acts of the firm, but the minor is not personally liable for any such act.

(4) Such minor may not sue the partners for an account or payment of his share of the property or profits of the firm, save when severing his connection with the firm, and in such case the amount of his share shall be determined by a valuation made as far as possible in accordance with the rules contained in section 48:

PROVIDED that all the partners acting together or any partner entitled to dissolve the firm upon notice to other partners may elect in such suit to dissolve the firm, and thereupon the court shall proceed with the suit as one for dissolution and for settling accounts between the partners, and the amount of the share of the minor shall be determined along with the shares of the partners.

(5) At any time within six months of his attaining majority, or of his obtaining knowledge that he had been admitted to the benefits of partnership, whichever date is later, such person may give public notice that he has elected to become or that he has elected not to become a partner in the firm, and such notice shall determine his position as regards the firm:

PROVIDED that, if he fails to give such notice, he shall become a partner in the firm on the expiry of the said six months.

(6) Where any person has been admitted as a minor to the benefits of partnership in a firm, the burden of proving the fact that such person had no knowledge of such admission until a particular date after the expiry of six months of his attaining majority shall lie on the persons asserting that fact.

(7) Where such person becomes a partner-

(a) his rights and liabilities as a minor continue up to the date on which he becomes a partner, but he also becomes personally liable to third parties for all acts of the firm done since he was admitted to the benefits of partnership, and

(b) his share in the property and profits of the firm shall be the share to which he was entitled as a minor.

(8) Where such person elects not to become a partner,-

(a) his rights and liabilities shall continue to be those of a minor under this section up to the date on which he gives public notice,

(b) his share shall not be liable for any acts of the firm done after the date of the notice, and

(c) he shall be entitled to sue the partners for his share of the property and profits in accordance with sub-section (4).

(9) Nothing in sub-sections (7) and (8) shall affect the provisions of section 28.
CHAPTER V : INCOMING AND OUTGOING PARTNERS

31. Introduction of a partner
(1) Subject to contract between the partners and to the provisions of section 30, no person shall be introduced as a partner into a firm without the consent of all the existing partners.

(2) Subject to the provisions of section 30, a person who is introduced as a partner into a firm does not thereby become liable for any act of the firm done before he became a partner.

32. Retirement of a partner
(1) A partner may retire-

(a) with the consent of all the other partners,

(b) in accordance with an express agreement by the partners, or

(c) where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire.

(2) A retiring partner may be discharged from any liability to any third party for acts of the firm done before his retirement by an agreement made by him with such third party and the partners of the reconstituted firm, and such agreement may be implied by a course of dealing between such third party and the reconstituted firm after he had knowledge of the retirement.

(3) Notwithstanding the retirement of a partner from a firm, he and the partners continue to be liable as partners to third parties for any act done by any of them which would have been an act of the firm if done before the retirement, until public notice is given of the retirement:

PROVIDED that a retired partner is not liable to any third party who deals with the firm without knowing that he was a partner.

(4) Notices under sub-section (3) may be given by the retired partner or by any partner of the reconstituted firm.

33. Expulsion of a partner
(1) A partner may not be expelled from a firm by any majority of the partners, save in the exercise in good faith of powers conferred by contract between the partners.

(2) The provisions of sub-sections (2), (3) and (4) of section 32 shall apply to an expelled partner as if he were a retired partner.

34. Insolvency of a partner
(1) Where a partner in a firm is adjudicated an insolvent he ceases to be a partner on the date on which the order of adjudication is made, whether or not the firm is hereby dissolved.

(2) Where under a contract between the partners the firm is not dissolved by the adjudication of a partner as an insolvent, the estate of a partner so adjudicated is not liable for any act of the firm and the firm is not liable for any act of the insolvent, done after the date on which the order of adjudication is made.

35. Liability of estate of deceased partner
Where under a contract between the partners the firm is not dissolved by the death of a partner, the estate of a deceased partner is not liable for any act of the firm done after his death.

36. Right of outgoing partner to carry on competing business
(1) An outgoing partner may carry on a business competing with that of the firm and he may advertise such business, but, subject to contract to the contrary, he may not-

(a) use the firm name,

(b) represent himself as carrying on the business of the firm, or

(c) solicit the custom of persons who were dealing with the firm before he ceased to be a partner.

(2) Agreements in restraint of trade-A partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within a specified local limits; and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable.

37. Right of outgoing partner in certain cases to share subsequent profits
Where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the business of the firm with the property of the firm without any final settlement of accounts as between them and the outgoing partner of his estate, then, in the absence of a contract to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since he ceased to be a partner as may be attributable to the use of his share of the property of the firm or to interest at the rate of six per cent per annum on the amount of his share in the property of the firm:

PROVIDED that where by contract between the partners an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the estate of the deceased partner, or the outgoing partner or his estate, as the case may be, is not entitled to any further or other share of profits; but if any partner assuming to act in exercise of the option does not in all material respects comply with the terms thereof, he is liable to account under the foregoing provisions of this section.

38. Revocation of continuing guarantee by change in firm
A continuing guarantee given to a firm, or to a third party in respect of the transactions of a firm, is, in the absence of agreement to the contrary, revoked as to future transactions from the date of any change in the constitution of the firm.
CHAPTER VI : DISSOLUTION OF A FIRM

39. Dissolution of a firm
The dissolution of partnership between all the partners of a firm is called the dissolution of the firm.

40. Dissolution by agreement
A firm may be dissolved with the consent of all the partners or in accordance with a contract between the partners.

41. Compulsory dissolution
A firm is dissolved-

(a) by the adjudication of all the partners or of all the partners but one as insolvent, or

(b) by the happening of any event which makes it unlawful for the business of the firm to be carried on or for the partners to carry it on in partnership:

PROVIDED that, where more than one separate adventure or undertaking is carried on by the firm the illegality of one or more shall not of itself cause the dissolution of the firm in respect of its lawful adventures and undertakings.

42. Dissolution on the happening of certain contingencies
Subject to contract between the partners a firm is dissolved-

(a) if constituted for a fixed term, by the expiry of that term;

(b) if constituted to carry out one or more adventures or undertakings, by the completion thereof;

(c) by the death of a partner; and

(d) by the adjudication of a partner as an insolvent.

43. Dissolution by notice of partnership at will
(1) Where the partnership is at will, the firm may be dissolved by any partner giving notice in writing to all the other partners of his intention to dissolve the firm.

(2) The firm is dissolved as from the date mentioned in the notice as the date of dissolution or, if no date is so mentioned, as from the date of the communication of the notice.

44. Dissolution by the court
At the suit of a partner, the court may dissolve a firm on any of the following grounds, namely-

(a) that a partner has become of unsound mind, in which case the suit may be brought as well by the next friend of the partner who has become of unsound mind as by any other partner;

(b) that a partner, other than the partner suing, has become in any way permanently incapable of performing his duties as partner;

(c) that a partner, other than the partner suing, is guilty of conduct which is likely to affect prejudicially the carrying on of the business, regard being had to the nature of the business;

(d) that a partner, other than the partner suing, wilfully or persistently commits breach of agreements relating to the management of the affairs of the firm or the conduct of its business, or otherwise so conducts himself in matters relating to the business that it is not reasonably practicable for the other partners to carry on the business in partnership with him;

(e) that a partner, other than the partner suing, has in any way transferred the whole of his interest in the firm to a third party, or has allowed his share to be charged under the provisions of rule 49 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) or has allowed it to be sold in the recovery of arrears of land revenue or of any dues recoverable as arrears of land revenue due by the partner;

(f) that the business of the firm cannot be carried on save at a loss; or

(g) on any other ground which renders it just and equitable that the firm should be dissolved.

45. Liability for acts of partners done after dissolution
(1) Notwithstanding the dissolution of a firm, the partners continue to be liable as such to third parties for any act done by any of them which would have been an act of the firm if done before the dissolution, until public notice is given of the dissolution:

PROVIDED that the estate of a partner who dies, or who is adjudicated an insolvent, or of a partner who, not having been known to the person dealing with the firm to be a partner, retires from the firm, is not liable under this section for acts done after the date on which he ceases to be a partner.

(2) Notices under sub-section (1) may be given by any partner.

46. Rights of partners to have business wound up after dissolution
On the dissolution of a firm every partner or his representative is entitled, as against all the other partners or their representatives, to have the property of the firm applied in payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners or their representatives according to their rights.

47. Continuing authority of partners for purposes of winding up
After the dissolution of a firm the authority of each partner to bind the firm, and the other mutual rights and obligations of the partners continue notwithstanding the dissolution, so far as may be necessary to wind up the affair of the firm and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise:

PROVIDED that the firm is in no case bound by the acts of a partner who has been adjudicated insolvent; but this proviso does not affect the liability of any person who has after the adjudication represented himself or knowingly permitted himself to be represented as a partner of the insolvent.

48. Mode of settlement of accounts between partners
In settling the accounts of a firm after dissolution, the following rules shall, subject to agreement by the partners, be observed-

(a) losses, including deficiencies of capital, shall be paid first out of profits, next out of capital, and, lastly, if necessary, by the partners individually in the proportions in which they were entitled to share profits;

(b) the assets of the firm, including any sums contributed by the partners to make up deficiencies of capital, shall be applied in the following manner and order-

(i) in paying the debts of the firm to third parties;

(ii) in paying to each partner rateably what is due to him from the firm for advances as distinguished from capital;

(iii) in paying to each partner rateably what is due to him on account of capital; and

(iv) the residue, if any, shall be divided among the partners in the proportions in which they were entitled to share profits.

49. Payment of firm debts and of separate debts
Where there are joint debts due from the firm, and also separate debts due from any partner, the property of the firm shall be applied in the first instance in payment of the debts of the firm, and, if there is any surplus, then the share of each partner shall be applied in payment of his separate debts or paid to him. The separate property of any partner shall be applied first in the payment of his separate debts, and the surplus (if any) in the payment of the debts of the firm.

50. Personal profits earned after dissolution
Subject to contract between the partners, the provisions of clause (a) of section 16 shall apply to transactions by any surviving partner or by the representatives of a deceased partner, undertaken after the firm is dissolved on account of the death of a partner and before its affairs have been completely wound up:

PROVIDED that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall affect his right to use the firm name.

51.Return of premium on premature dissolution
Where a partner has paid a premium on entering into partnership of a fixed term, and the firm is dissolved before the expiration of that term otherwise than by the death of a partner, he shall be entitled to repayment of the premium or of such part thereof as may be reasonable, regard being had to the terms upon which he became a partner and to the length of time during which he was a partner, unless-

(a) the dissolution is mainly due to his own misconduct, or

(b) the dissolution is in pursuance of an agreement containing no provision for the return of the premium or any part of it.

52. Rights where partnership contract is rescinded for fraud or misrepresentation
Where a contract creating partnership is rescinded on the ground of the fraud or misrepresentation of any of the parties thereto the party entitled to rescind is, without prejudice to any other right, entitled-

(a) to a lien on, or a right of retention of, the surplus or the assets of the firm remaining after the debts of the firm have been paid, for any sum paid by him for the purchase of a share in the firm and for any capital contributed to him;

(b) to rank as a creditor of the firm in respect of any payment made by him towards the debts of the firm; and

(c) to be indemnified by the partner or partners guilty of the fraud or misrepresentation against all the debts of the firm.

53. Right to restrain from use of firm name or firm property
After a firm is dissolved, every partner or his representative may, in the absence of a contract between the partners to the contrary, restrain any other partner or his representative from carrying on a similar business in the firm name or from using any of the property of the firm for his own benefit, until the affairs of the firm have been completely wound up:

PROVIDED that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall affect his right to use the firm name.

54. Agreements in restraint of trade
Partners may, upon or in anticipation of the dissolution of the firm, make an agreement that some or all of them will not carry on a business similar to that of the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable.

55. Sale of goodwill after dissolution
(1) In settling the accounts of a firm after dissolution, the goodwill shall, subject to contract between the partners, be included in the assets, and it may be sold either separately or along with other property of the firm.

(2) Rights of buyer and seller of goodwill-Where the goodwill of a firm is sold after dissolution, a partner may carry on a business competing with that of the buyer and he may advertise such business, but, subject to agreement between him and the buyer, he may not-

(a) use the firm name,

(b) represent himself as carrying on the business of the firm, or

(c) solicit the custom of persons who were dealing with the firm before its dissolution.

(3) Agreement in restraint of trade—Any partner may, upon the sale of the goodwill of a firm, make an agreement with the buyer that such partner will not carry on any business similar to that of the firm within a specified period or within specified local limits and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable.
CHAPTER VII : REGISTRATION OF FIRMS

56. Power to exempt from application of this Chapter
The 3[State Government of any State], may, by notification in the Official Gazette, direct that the provisions of this Chapter shall not apply to 4[that State] or to any part thereof specified in the notification.

57. Appointment of Registrars
(1) The State Government may appoint Registrars of Firms for the purposes of this Act, and may define the areas within which they shall exercise their powers and perform their duties.

(2) Every Registrar shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

58. Application for registration
(1) The registration of a firm may be effected at any time by sending by post or delivering to the Registrar of the area in which any place of business of the firm is situated or proposed to be situated, a statement in the prescribed form and accompanied by the prescribed fee, stating-

(a) the firm name,

(b) the place or principal place of business of the firm,

(c) the names of any other places where the firm carries on business,

(d) the date when each partner joined the firm,

(e) the names in full and permanent addresses of the partners, and

(f) the duration of the firm.

The statement shall be signed by all the partners, or by their agents specially authorised in this behalf.

(2) Each person signing the statement shall also verify it in the manner prescribed.

(3) A firm name shall not contain any of the following words, namely-

Crown, Emperor, Empress, Empire, Imperial, King, Queen, Royal, or words expressing or implying the sanction, approval or patronage of, 5[Government], except 6,[when the State Government] signified 7[its] consent to the use of such words as part of the firm name by order in writing 8[***].

59. Registration
When the Registrar is satisfied that the provisions of section 58 have been duly complied with, he shall record an entry of the statement in a register called the Register of Firms, and shall file the statement 9 .

60. Recording of alterations in firm name and principal place of business
(1) When an alteration is made in the firm name or in the location of the principal place of business of a registered firm, a statement may be sent to the Registrar accompanied by the prescribed fee, specifying the alteration and signed and verified in the manner required under section 58.

(2) When the Registrar is satisfied that the provisions of sub-section (1) have been duly complied with, he shall amend the entry relating to the firm in the Register of Firms is accordance with the statement, and shall file it along with the statement relating to the firm filed under section 59.

61. Noting of closing and opening of branches
When a registered firm discontinued business at any place or begins to carry on business at any place, such place not being its principal place of business, any partner or agent of the firm may send intimation thereof to the Registrar, who shall make a note of such intimation in the entry relating to the firm in the Register of Firms, and shall file the intimation along with the statement relating to the firm filed under section 59.

62. Noting of changes in names and addresses of partners
When any partner in a registered firm alters his name or permanent address, an intimation of the alteration may be sent by any partner or agent of the firm to the Registrar, who shall deal with it in the manner provided in section 61.

63. Recording of changes in and dissolution of a firm
(1) When a change occurs in the constitution of a registered firm any incoming, continuing or outgoing partner, and when a registered firm is dissolved any person who was a partner immediately before the dissolution, or the agent of any such partner or person specially authorised in this behalf, may give notice to the Registrar of such change or dissolution, specifying the date thereof; and the Registrar shall make a record of the notice in the entry relating to the firm in the Register of Firms, and shall file the notice along with the statement relating to the firm filed under section 59.

(2) Recording of withdrawal of a minor-When a minor who has been admitted to the benefits of partnership in a firm attains majority and elects to become or not to become a partner, and the firm is then a registered firm, he, or his agent specially authorised in this behalf, may give notice to the Registrar that he has or has not become a partner, and the Registrar shall deal with the notice in the manner provided in sub-section (1).

64. Rectification of mistakes
(1) The Registrar shall have power at all times to rectify any mistake in order to bring the entry in the Register of Firms relating to any firm into conformity with the documents relating to that firm filed under this Chapter.

(2) On application made by all the parties who have signed any document relating to a firm filed under this Chapter, the Registrar may rectify any mistake in such document or in the record or note thereof made in the Register of Firms.

65. Amendment of Register by order of court
A court deciding any matter relating to a registered firm may direct that the Registrar shall make any amendment in the entry in the Register of Firms relating to such firm which is consequential upon its decision; and the Registrar shall amend the entry accordingly.

66. Inspection of Register and filed documents
(1) The Register of Firms shall be open to inspection by any person on payment of such fee as may be prescribed.

(2) All statements, notices and intimations filed under this Chapter shall be open to inspection, subject to such conditions and on payment of such fee as may be prescribed.

67. Grant of copies
The Registrar shall on application furnish to any person, an payment of such fee as may be prescribed, a copy, certified under his hand, of any entry or portion thereof in the Register of Firms.

68. Rules of evidence
(1) Any statement, intimation or notice recorded or noted in the Register of Firms shall, as against any person by whom or on whose behalf such statement, intimation or notice was signed, be conclusive proof of any fact therein stated.

(2) A certified copy of an entry relating to a firm in the Register of Firms may be produced in proof of the fact of the registration of such firm, and of the contents of any statement, intimation or notice recorded or noted therein.

69. Effect of non-registration
(1) No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm.

(2) No suit to enforce a right a rising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the register of firms as partners in the firm.

(3) The provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not affect-

(a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any right or power to realise the property of a dissolved firm, or

(b) the powers of an official assignee, receiver or court under the Presidency-towns Insolvency Act, 1909 (3 of 1909) or the Provincial Insolvency Act, 1920 (5 of 1920) to realise the property of an insolvent partner.

(4) This section shall not apply-

(a) to firms or to partners in firms which have no place of business in 10[the territories to which this Act extends], or whose places of business in 11[the said territories], are situated in areas to which, by notification under 12[section 56], this Chapter does not apply, or

(b) to any suit or claim of set-off not exceeding one hundred rupees in value which, in the Presidency-towns, is not of a kind specified in section 19 of the Presidency Small Cause Courts Act, 1882 (5 of 1882), or, outside the Presidency-towns, is not of a kind specified in Schedule II to the Provincial Small Cause Courts Act, 1887 (9 of 1887), or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim.

70. Penalty for furnishing false particulars
Any person who signs any statement, amending statement, notice or intimation under this Chapter containing any particular which he knows to be false or does not believe to be true, or containing particulars which he knows to be incomplete or does not believe to be complete, shall be punishable with imprisonment which may extend to three months, or with fine, or with both.

71. Power to make rules
(1) The 3[State Government] 13[may by notification in the Official Gazette make rules] describing the fees which shall accompany documents sent to the Registrar of Firms, or which shall be payable for the inspection of documents in the custody of the Registrar of Firms or for copies from the Register of Firms:

PROVIDED that such fees shall not exceed the maximum fees specified in Schedule I.

(2) The State Government may 14[also] make rules-

(a) prescribing the form of statement submitted under section 58, and of the verification thereof;

(b) requiring statements, intimations and notices under sections 60, 61, 62 and 63 to be in prescribed form, and prescribing the form thereof;

(c) prescribing the form of the Register of Firms, and the mode in which entries relating to firms are to be made therein, and the mode in which such entries are to be amended or notes made therein;

(d) regulating the procedure of the Registrar when disputes arise;

(e) regulating the filing of documents received by the Registrar;

(f) prescribing conditions for the inspection of original documents;

(g) regulating the grant of copies;

(h) regulating the elimination of registers and documents;

(i) providing for the maintenance and form of an index to the Register of Firms; and

(j) generally, to carry out the purposes of this Chapter.

(3) All rules made under this section shall be subject to the condition of previous publication.

15[(4) Every rule made by the State Government under this section shall be laid, as soon as it is made, before the State Legislature.]
CHAPTER VIII : SUPPLEMENTAL

72. Mode of giving public notice
A public notice under this Act is given-

(a) where it relates to the retirement or expulsion of a partner from a registered firm, or to the dissolution of a registered firm, or to the election to become or not to become a partner in a registered firm by a person attaining majority who was admitted as a minor to the benefits of partnership, by notice to Registrar of Firms under section 63, and by publication in the Official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relate has its place or principal place of business, and

(b) in any other case, by publication in the Official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business.

73. Repeal
[Rep. by the Repealing Act, 1938 (1 of 1938)].

74. Saving
Nothing in this Act or any repeal effected thereby shall affect or be deemed to affect-

(a) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or

(b) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability, or anything done or suffered before the commencement of this Act, or

(c) anything done or suffered before the commencement of this Act, or

(d) any enactment relating to partnership not expressly repealed by this Act, or

(e) any rule of insolvency relating to partnership, or

(f) any rule of law not inconsistent with this Act.

SCHEDULE I :MAXIMUM FEES
[Section 71 (1)]

Document or Act in respect of which the fee is payable
Statement under section 58

Statement under section 60

Intimation under section 61

Intimation under section 62

Notice under section 63

Application under section 64

Inspection of the Register of Firms under sub-section (1) of section 66

Inspection of documents relating to a firm under sub-section (2) of section 66

Copies from the Register of Firms





Maximum fee

Three rupees.

One rupee.

One rupee.

One rupee.

One rupee.

One rupee.

Eight annas for inspecting one volume of the Register


Eight annas for inspection of all documents relating to


Four annas for each hundred words or part thereof.


SCHEDULE II
Enactment Repealed - [Rep. by Repealing Act, 1938 (1 of 1938)].



Foot Notes

1 Substituted by AO 1950 for the former sub-section.

2 Substituted for words except Part B States by Act No. 3 of 1951.

3 Substituted for words Governor General in-Council by AO 1937.

4 Substituted for words any Province by AO 1937.

5 Words the Crown or the Government of India or a Local Government, have been successively adapted by the AO 1937, AO 1948 and AO 1950 to read as above.

6 Substituted by the AO 1937, for words when the Governor General in-Council.

7 Substituted for his by AO 1937.

8 The words under the hand of one of the Secretaries of the Government of India omitted by AO 1937.

9 In its application to the State of Madras, s. 59A has been inserted by the Madras Added Territories (Adaptation of Laws) Order, 1961.

10 Substituted by Act No. 3 of 1951, for the words Part A States and Part C States.

11 Substituted for the words such States by Act No. 3 of 1951.

12 Substituted for section 55 by Act No. 24 of 1934.

13 Substituted by Act No. 20 of 1983, w.e.f. 15th. March.1984.

14 Inserted by AO 1937.

15 Inserted by Act No. 20 of 1983, w.e.f. 15th. March, 1984.

AGREEMENT ADMITTING A NEW PARTNER

THIS AGREEMENT is made at this     ........    day of ........     between Mr. A and B hereinafter jointly referred to as the existing partners of the one part and Mr. C hereinafter referred to as the new partner of the other part.

WHEREAS Mr. A and Mr. B are carrying on business In partnership in the name of M/s. A B and Company as from the day of     ........   under and by virtue of the deed of partnership dated the    ........   day of ........      entered into between them.

AND WHEREAS the existing partners now desire to admit the new partner as an additional partner In the said partnership and the new partner Is also willing the join the said partnership on the terms hereinafter provided.

AND WHEREAS the present book value of their shares in capital contribution of the existing partners Mr. A and Mr. B and in the assets of the Firm Is rupees. ........   and rupees    ........   respectively which the new partner has agreed to accept.

AND WHEREAS the new partner is willing to bring in a capital contribution of rupees ........     In the Firm

NOW IT IS AGREED BY AND BETWEEN THE PARTNERS HERETO AS FOLLOWS -

(1)    The existing partners hereby admit the new partner as a partner alongwith the existing partners of the said firm carried on or in the name of M/s A B and Company as from the ........ day of .…......., 2000.

(2)    The partnership business will be carried on the same name as above mentioned and at the same place of business as at present.

(3)    The business of the partnership will be the same as at present carried on and may be changed or added to with the consent of all the partners.

(4)    The shares in the capital assets including goodwill of the firm as on this day  ........    of the said three partners will be treated as follows -

Mr. A  ........      40%
Mr. B  ........      40%
Mr. C  ........      20%

(5)    The shares of the parties hereto In the net profit and losses of the partnership will be as follows –

Mr. A  ........      40%
Mr. B  ........      40%
Mr. C  ........      20%

(6)    The duration of this new partnership will be at will but any partner may retire from the partnership by one month's prior notice.

(7)    In case of difference of opinion on any question regarding business, the opinion of the majority will be final and binding on all the partners.

(8)    Subject to what is otherwise provided herein the terms and conditions mentioned in the said deed of partnership dated       ........    will be binding on the parties as if the said Mr. C was a party thereto and subject as aforesaid the said the deed of partnership as amended by this agreement will be treated the deed of partnership between the parties hereto.

(9)    The change in the constitution of the said firm made by this agreement will be notified or registered under the Partnership Act, and Income Tax Act, as per the legal requirements thereof.

IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written.

Signed by the within named Mr. A in the presence of

Signed by the within named Mr. B in the presence of

Signed by the within named Mr. C In the presence of

AREEMENT OF SALE OF FLAT BETWEEN BUILDER AND FLAT PURCHASER

THIS AGREEMENT made at Bombay this day of January, 2006 between Messrs,……………… development corporation a partnership firm carrying on business at Bombay hereinafter called “the Builders” (Which expression shall unless it be repugnant to the context or meaning thereof be deemed to include partner or partner for the time being constituting the said firm, the survivor or survivors of them and the heirs executors and administrators of such survivors his or her assigns) of the One Part No.Mr./Mrs. Residing at Bombay 400050; hereinafter called “the Purchaser” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his or her heirs, executors, and permitted assigns) of the Other Part:

WHEREAS:


   1.     Mr.…………………………….. hereinafter called “the Owners” are absolutely seized and possessed of the property situate at Bombay and more particularly described in the First Schedule hereunder written and hereinafter called “the said property”


   2.     By an Agreement fro sale dated hereinafter called “the Said Agreement”, and duly registered with the Sub-Register of Bombay, the Owners agreed to sell to the Builders and the Builders agreed to purchase from the Owners the said property on the terms and conditions contained therein.


   3.     The Owners have put the Builders in possession of the said property on or about the day of the pursuance of the said Agreement.


   4.     The plans have been sanctioned by the Municipal Corporation of Greater Bombay under I.O.D.No. Dated after obtaining the requisite permission from the Competent Authority for redevelopment of the said property for construction of a building on stilts, consisting of 6 floors, hereinafter called “the said building”, after demolishing the existing structure on the property.


   5.     Commencement Certification No.XB/2039 dated………………………… was granted by the Executive Engineers, Building Proposals (City) for the said proposed building.


   6.     The builders are constructing the said building on the said property in accordance with the said sanctioned plans and shall sell the same on ownership basis, as they may in their discretion deem fit.


   7.     The Title of the mode to the said property has been investigated by Mr.Attorney-at-law who has issued his certificate in respect thereof as per copy annexed hereto and marked ‘A’.


   8.     The purchaser has seen the said property prior to the execution of the Agreement.  The purchaser has also taken inspection of the said plans for construction of the said building hereinafter referred to be the sanctioned plans and all the documents referred to in the above recitals.


   9.     The Builders have supplied to the Purchaser true copies of all such documents as mentioned in Rule A of the Maharashtra Ownership Flats Rules of 1964, hereinafter called “the said Rules”, as desired by the purchaser.


   10.    The Builders have entered and/or will enter into such Agreements with other persons and/or parties in respect of the sale of other said building.


   11.    The Purchaser has agreed to purchase flat No.3 and the fifth floor of the said building admeasuring 850 square feet built up area with full notice of the terms and conditions referred in these recitals on the terms and conditions hereinafter appearing:-



     NOW THIS AGREEMENT WITHNESSETH AS FOLLOWS:


   1.     The Purchaser hereby agrees to purchase from the Builders the premises being Flat No.3 on the Fifth floor admeasuring approximately 850 square feet (built up) equivalent to79 sq.mtrs. (build up) and open parking space No. on ground floor hereinafter called “the said premises” in the said building under construction by the Builders as per the plans and specification seen and approved by him/her for Rs………(Rupees…………).  The said price is fixed on lump sum basis and has no bearing whatsoever on the actual area of the said premises.  The said price shall be paid by the purchaser to the Builders in the manner given below:-


     (1) RS…………………………On execution of this Agreement.

     (2) Rs…………………………On Plinth.

     (3) Rs…………………………on casting 1st Slab.

     (4) Rs…………………………on casting 2nd Slab.

     (5) Rs…………………………on casting 3rd Slab.

     (6) Rs…………………………on casting 4th Slab.

     (7) Rs…………………………on casting 5th Slab.

     (8) Rs…………………………On possession of the said premises


   2.     The area of the said premises agreed to be purchased by the Purchaser is on the basis of built up area.  The calculation of the built up area includes the full, thickness of internal and external walls, passages, toilets, staircase and any other area used for amenity to the building such as balcony, meter room, etc., proportionately.


   3.     The time for payment of the installments of the purchase price as provided in clause No.1 above, shall be of the essence of this contract.  The certificate of the Architects of the Builders shall be conclusive proof that the plinth or the respective slabs are completed and within seven days from the receipt of a notice from the Builders to the Purchaser, time being of the essence, informing the Purchaser that the Plinth or the respective slabs have been case, the purchaser shall make the payment as herein provided.  The Purchaser shall not bin entitled to raise any objections as regards the completion of plinth or the casting of the respective slabs or in regard to the certificate of the Builders’ Architects.


   4.     The Purchaser has prior to the execution of this Agreement satisfied himself about the title of the Builders to the said property and has accepted the same shall not be entitled to any further investigations relating thereto.


   5.     The Builders have further informed the Purchaser that they have entered into arrangement with the tenants for providing alternate accommodation to them.


   6.     All letters, receipts and/or notices to be issued and served upon the Purchaser as contemplated by the Agreement shall be deemed to have been duly issued and served if sent to the Purchaser at the address mentioned herein by prepaid pose or under Certificate of Posting and shall duly and effectually discharge the Builders.


   7.     In the event of the Builders being entitled to construct and additional structure or structures or the Builders desiring to make alterations or additions in the said property under the building bye-laws, rules and regulations of the Municipal Corporation of Greater Bombay or otherwise or in the event of the Builders becoming entitled to construct any structure or structures or alterations and/or additions in the said property by virtue of any alterations or amendments of the building bye-laws or rules and regulations of the Municipal Corporation of Greater Bombay or otherwise the Builders shall be entitled to carry out construction of such additional structures and/or additions or modifications, alterations or additions in the said building which is proposed to be constructed in the said property.  The Purchaser hereby gives his/her irrevocable consent under the provisions of Section 7 of the Maharashtra Ownership Flats Act, 1963 to such additional structure or structures being constructed under such alterations, additions or modifications being carried out by the Builders in the said property.


   8.     The Purchaser hereby agrees and confirms that inspection has been given by the Builders of the plans and the specifications of the said building which is proposed to be constructed by the Builders in the said property.  The Purchaser hereby further agrees and covenant with the Builders to sign and execute all papers and documents in favour of the Builders or otherwise as may be necessary for the purpose of enabling the Builders to construct the said building in accordance with the said plans relating thereto or such other plans with such additions and alterations as the Builders may in their sole discretion deem fit and proper and/or for the purpose of applying for or obtaining the approval or sanction of Bombay Municipal Corporation of Greater Bombay or any other appropriate authorities in that behalf as well as for the construction of such buildings in the said property upon or after the grant of such approval or sanction relating thereto provided the size and location of the premises agreed to be purchased by the Purchaser is not in any manner adversely affected.  The Purchaser agrees that the said consent is irrevocable.


   9.     The Builders agree to hand over possession of the said premises to the Purchaser on or before………………… subject to availability of cement, steel or other building material and water for building construction and subject to any act of God such as earthquake, flood, or any other reason beyond the control of the Builders, failing which the Builders shall refund the same received by them hereunder as provided in Section 8 of the Maharashtra Ownership of Flats Act, 1963.  The Purchaser shall not be entitled to any damages whatsoever.



   10.    Nothing contained in these presents shall be confer upon the Purchaser any right, title or interest of any kind whatsoever into or over the said property or Building or any part thereof.  Such conferment shall take place only upon the execution of Conveyance in favour of a Co-operative Society or an Incorporated Body to be formed by the purchasers of different premises in the said building as hereinafter stated.



11.  It is agreed that if the floor Space Index is not consumed in full in the construction of the said building and if before the transfer of the property to a Co-operative Society or an Incorporated Body any further construction on the land is allowed in accordance with Rules and regulations of the Municipal Corporation of Greater Bombay, then the Builders would by entitled to put up additional or other constructions without any let or hindrance by the Purchaser and to sell the additional premises thus available on ownership basis and to receive and appropriate the price in respect of thereof.  It is however, agreed by the Builders that they will not construct such additional or other structure so as to adversely affect the area or the location of the premises agreed to be sold to the Purchaser.  The purchaser hereby gives his irrevocable consent to such construction by the Builders and for that matter to make such alterations or charges in the plans shown to the Purchaser.



  12.     In the event of any portion of the said property being required by the BEST for putting a electric sub-station the Builders shall be entitled to give such portion to the said BEST or any other body for such purpose on such terms and conditions as the Builders shall think fit.


   13.    In the event of a portion being notified for set back prior to the transfer of the property to a Co-operative Society or an Incorporated Body, the Builders alone shall be entitled to receive the amount of compensation for such set back land.


   14.    The purchaser shall have no claim save and except in respect of the premises hereby agreed to be acquired.  All open space, lobbies, staircase, etc., will remain the property of the Builders, until the whole property is transferred to proposed Co-operative Society or an Incorporated Body as hereinafter mentioned but subject to the rights of the builders as mentioned herein.  It is thereby agreed that the Builders shall be entitled to sell any premises in the said building for the purpose of using the same as restaurant, dispensaries, nursing purposes and the Purchaser shall not object to the user of such premises for the aforesaid purpose by the Purchaser thereof.


   15.    The Builders shall be entitled to offer possession of the premises upon the Builders obtaining part occupation certificate in respect of the said building and as soon as the buildings in notified by the Builders as ready for occupation, each of the purchaser of the said building (including the Purchaser) shall pay their respective arrears of price payable by them within seven days of such notice served individually or put at some prominent place in the building.  If the Purchaser fails to pay the arrears as aforesaid, the Builders will be entitled to forfeit the amounts previously paid by the Purchaser who shall cease to have all right in the premises to be taken by him/her.  The Builders shall be entitled to proceed with the construction work of the remaining building.


   16.    Under no circumstances the Purchaser shall be entitled to the possession of the premises unless and until all payments required to be made under this Agreement by the Purchaser have been made to the Builders and other obligations, terms and conditions agreed by the Purchaser and mentioned in this Agreement are carried out fully by the Purchaser.


   17.    The Builders shall in respect of any amount payable by the Purchaser under the terms and conditions of this Agreement, have a first lien and charge on the said premises agree to be acquired by the Purchaser.


   18.    The Purchaser shall on or before the execution of this Agreement pay a sum of rupees to M/s. Solicitors, towards the cost of this Agreement.


   19.    Commencing a week after notice is given by the Builders to the purchaser that the premises are ready for use and occupation, the Purchaser shall pay on or before the 5th day of every month to the Builders until the said property together with the building to be constructed thereon is transferred to the proposed Organisation as provided herein, a sum at the rate of 50 paise per square foot per month of the built up area of the said premises towards the proportionate share that may be ascertained by the Builders of (a) the insurance premium for insuring the said building against fire, riot and civil commotion etc. (b) the Municipal rates, charges and taxes including collector’s charges and all other outgoings that may from time to time be levied on or incurred in respect of the said property etc.  (c) the charges for the maintenance and management of the said building including wages and salaries of watchmen, sweepers, bill collector and accountant (d) electricity charges of common lights, water pumps etc.  The said payment shall be on the ad hoc basis and the Purchaser shall be liable to pay actual proportionate taxes and outgoings.


   20.    Before taking possession of the said premises, the Purchaser shall deposit with M/s.Solicitors the sum of rupees…………………… towards as proportionate costs, payable by the Purchaser in respect of the covenant to be executed by the Owners in favour of the proposed Co-operative Society or on Incorporated Body and formation of such Society.  The said amount is and approximate basis and the Purchaser shall pay such additional sum as may become payable. Furthermore, in the event of stamp duty becoming applicable to the premises acquired by the Purchaser, then over and above the aforesaid sum of rupees……………… the Purchaser shall deposit proportionate stamp duty and registration charges with the said Messrs………………………… Solicitors at the time of taking possession.


   21.    Before taking possession of the said premises, the Purchaser shall deposit with the Builders the following amounts:-


(a) Rupees …………………………… as deposit for payment                 of expenses;


(b)Rupees 251 as deposit for payment towards share money and entrance fee;


© The amount paid or deposited for payment of expenses will be utilized towards the reimbursement of deposits paid by the Builders to the Municipality, BEST and other authorities, for payment of the expenses paid and outgoings mentioned in the preceding clause:


(d) The amount paid as deposit for payment towards share money will be transferred to the proposed Organisation;


(e) The amount paid as deposit for payment of expense will not entitle the Purchaser to reference to pay the expense as mentioned in the preceding clause and the Purchaser shall be bound to pay the said expenses to the Builders till possession of the said property is handed over to the proposed Organisation by the Builders;


(f) The above deposits shall not carry any interest and will remain with the Builders until the said property with building thereon being transferred to the proposed Organisation. Upon the said property with the buildings thereon being transferred as aforesaid, the balance thereof shall be paid over by the Builders to the proposed Organisation.


   22.    The Purchaser hereby agrees to contribute and pay his proportionate share towards the costs, expenses and outgoings in respects of matter specified in the Second Schedule hereunder written.  The Purchaser shall be responsible for additional taxes that may be levied by the Municipal Corporation of Grater Bombay by breach of any permitted tenancy and licence agreement in respect of the premises allotted to the Purchaser.


   23.    The Builders shall not be liable for and loss caused by fire, riot, strikes, earthquakes or due to any other cause whatsoever after handing over possession of the premises to the Purchaser.


   24.    So long as each premises in the said building is not be separately assessed for taxes and water rates by the Municipal Corporation of Greater Bombay, the Purchaser shall pay proportionate share of the water taxes and other taxes assessed on the whole building by the Municipal Corporation of Greater Bombay.  Provided, however, that if and special taxes and/or rates are demanded by Municipal Corporation of Greater Bombay or any other authority by reason of any permitted use, the Purchasers alone shall bear and pay such special taxes and rates.  As from the date of delivery of possession of the premises, the Purchaser and other purchasers shall observe and perform all the Rules and Regulation of the Municipal Corporation of Greater Bombay and other statutory bodies and shall indemnify and keep indemnified the Builders against any loss or damages.


   25.    The Purchaser hereby agrees that in the event of any amount by way of premium to the Municipality or to the State Government of betterment charges or development tax or any other tax or payment of similar nature becoming payable by the Builders, the same shall be reimbursed by the Purchaser to the Builders in proportion to the area of the premises agreed to be purchased by the Purchaser and in determining such amount the decision of the Builders shall be conclusive and binding upon the Purchaser.


   26.    The Purchaser shall maintain at his own costs, the premises agreed to be acquired by him in the same good condition, state and other in which it is delivered to him and shall abide by all Bye-Laws, Rules and Regulations of the Government, Municipal Corporation of Greater Bombay or of any other authorities and all notices for violation of any of the conditions or Rules or Bye-Laws and shall observe and perform all the terms and conditions contained in this Agreement.


   27.    In case any security deposit is demanded by the Water Department, of the Municipal Corporation of Greater Bombay, before giving water connection to the proposed building and/or by B.E.S.T. for giving electric connection to the proposed building, the Purchaser shall contribute proportionately towards payment of such deposit, in proportion to the area of the premises agreed to be acquired by him.


   28.    The Purchaser hereby agrees to pay all the amounts payable under the terms of this Agreement as and when they become due and payable, time in this respect being of the essence of the contract.  Further the Builders are not bound to give any notice requiring such payment and the failure thereof shall not be a plea, or an excuse for nor-payment of any amount or amounts on their respective due dates.


   29.    The Purchaser hereby convenants with the Builders to pay amounts liable to be paid by the Purchaser as agreed under this Agreement and to observe and perform the convenants and conditions except so far as the same ought to be observed by the Builders.


   30.    The Purchaser hereby agrees and undertake to be a member of the Co-operative Society, or an Incorporated body to be formed in the manner hereinafter appearing and also from time to time to sign and execute the application for registration, other papers and documents necessary for the formation and registration of such society or an Incorporated body including bye-Laws of such /society and duly fill-in, sign and return within3 days of the same being forwarded by the Builders to the Purchaser.  No objection shall be taken by the Purchaser shall be bound from time to time sign all papers and documents and to do all other things as the Builders may require him to do from time to time for safeguarding the interest of the Builders and of other Purchasers of premises in the said building and in the proposed multi-storyed building.  Upon failure to comply with the provisions of this clause this Agreement shall ipso facto come to an end and the deposit and other monies paid by the Purchaser shall stand forfeited by the Builders.


   31.    The Purchaser shall not let, sell, transfer, convey, mortgages, charge or in any way encumber or deal with or dispose of his premises or assign, under-let, give on leave and licence, part with possession of his interest under or the benefit of this Agreement or any part thereof, till all his dues of whatsoever nature owing to the Builders are fully paid and only if the Purchaser has not been guilty of breach of or non-compliance with any of the terms and conditions of this Agreement and until he obtains previous consent in writing of the Builders.


   32.    The Purchaser hereby convenants to keep the premises, walls, drains, pipes and appurtenances thereto belonging in good repair condition and in particular so as to support shelter and protect the parts of buildings other than his premises.


   33.    The Purchaser shall permit the Builders and their surveyors and agents with or without workmen and other at reasonable times to enter into and upon his premises or any part thereof to view and examine the state and condition thereof and the Purchaser agrees to make good within two months all defects, decays and want to repair of which notice in writing shall be given by the Builders to the Purchaser.


   34.    The Purchaser shall permit the Builders and their surveyors and agents with or without workmen and others at reasonable times to enter into and upon the said premises or any part thereof for the purpose of viewing or repairing any part of the building and for the purpose of making, maintaining, rebuilding, cleaning, lighting and keeping in order and good conditions all services, drains, pipes, cables, water covers, gutters, wires, partition walls, structure or other conveniences belonging to or serving or used for the said building and also for the purpose of laying down, maintaining, repairing and for similar purpose of cutting of the water supply to or any or the premises of the building in respect whereof the Purchaser or occupier prior of such other premises, as the case may be shall have made default in paying his share of the water tax.



   35.    The Purchaser shall not use the premises or permit the same to be used for any purpose whatsoever other than that permitted under the existing Rules and regulations nor use the same for any purpose which may or is likely to cause nuisance or annoyance to the occupiers of the other flats in the building and the neighboring properties nor for any illegal or immortal purposes.  The Purchaser shall not keep or store in the said Flats any goods of hazardous or combustible or obnoxious nature or which are too heavy to effect the construction of the structure of the said building.


   36.    The Purchaser shall at no time demand partition of his interest in the said plot and buildings, it being hereby agreed and declared by the Purchaser that his interest in the said plot and building is impartibly and it is agreed that the Builders shall not be liable to execute and document in respect of the said premises in favour of the Purchaser.


   37.    The Purchaser will not at any time of demolish or cause to be demolished the premises or any part thereof.  The Purchaser shall not permit the closing of Verandah or lounge or balconies or make any alternations in the elevation and outside colour scheme of the premise to be acquired by him without the prior written consent of the Builders and also after obtaining the permission of the Municipal Corporation of Greater Bombay or any other public body in this behalf.


   38.    After the possession of the premises is handed over to the Purchaser, if any additions or alterations in or about or relating to the said building are thereafter required to be carried out by the Government, Municipality or any statutory authority, the same shall be carried out by the Purchaser in co-operation with the Purchaser of other premises in the said building at their own costs and Builders shall not be in any manner liable or responsible for the same.


   39.    The Purchaser shall not do or permit too be done any act or thing which may render void or voidable any insurance or any flat in or any party of the said building or cause any increased premium to be payable in respect thereof.


   40.    The Purchaser shall not decorate the exterior of his premises   otherwise than in the manner agreed to by the Builders or in the manner as near as may be in which the same as previously the said premises or in the said building.


   41.    The Purchaser shall not throw dirt, rubbish, rags or other refuse or permit the same to be thrown outside their premises.  The Purchaser shall not keep any good or belongings outside the said premises or in the said building.


   42.    After the building is complete and ready and fit for occupation and after the Society or any other incorporated body of the Purchaser of the remises in the said building have been formed and registered and after the Builders have received all dues payable to them on the terms of the Agreement with various Purchasers, the Builders shall arrange for execution of a conveyance in respect of the property in favour of the proposed Society or Incorporated Body within a reasonable period.  Such conveyance shall be in such from and contain such terms and conditions as the Builders Solicitor may in their absolute discretion determine.


   43.    In the event of the society or Incorporated Body being formed and registered before the sale and disposal by the Builders, of all the premises in the said building as aforesaid the power and authority of the Society or Incorporated Body so formed or of the Purchaser and other Purchasers of the premises shall be subject to the overall authority and control of the Builders over all and any of the matters concerning the said building, and in particular the Builders shall have absolute authority and control as regards the unsold premises and the disposal thereof.


   44.    The name of the building on the sale plot shall always be known and subject to the approval of the Assistant Registrar of Co-operative Societies, Bombay the name of the Co-operative Society to be formed shall bear the said name or shall be preceded by the words or to that effect.


   45.    The Builders shall always have a right to make additional structures or additions or modifications in the plans as may be permitted by the Municipal and other Competent Authorities.  Such additions and additional Storeys will be the sole property of the Builders, who will be entitled to sell the same.  The Purchaser hereby gives his irrevocable consent to the Builders for carrying out such additional alterations or modifications as the Builders may deem fit the said sanction of the premises agreed to be sold to the Purchaser is not adversely affected.


   46.    The terrace of the top of the building including the parapet wall shall always be the property of the Builders and the Agreement with the Purchaser and all the other Purchaser shall be subjected to the said rights of the Builders who shall be entitled to use the parapet wall for any purpose including the display of advertisement and sign boards and the Purchaser shall not be entitled to raise any objection or ask for any abatement in the price of the premises on the ground of inconvenience or ask for any abatement in the price of the premises on the ground of inconvenience or any other ground whatsoever.


   47.    In the event of the Owners executing a Conveyance in respect of the said property in favour of the Society or Incorporated Body the Builders shall have a right to dispose of the remaining premises in the said building in such manner as they thinks fit and the sale proceeds thereof shall belong absolutely to the Builders and the Purchasers of such remaining premises shall be accepted as members of such Co-operative Society or Incorporated Body.  The Builders in that case shall be required to pay any transfer dues to the Society or to the Incorporated Body.


   48.    Any delay or indulgence by the Builders in enforcing the terms of the Agreement or any forbearance or giving time to the Purchaser shall not be construed as a waiver on the part of the builders not any breach or non-compliance of any of the terms and conditions of this Agreement by the Purchaser nor shall the same in any manner prejudice the rights of the Builders.


   49.    If the Purchaser neglects, omits, or fails for any reason whatsoever to pay the Builders any of the amounts due and payable by the Purchaser under the terms and conditions of this Agreement (whether beefier or after the delivery or possession) within the time herein specified or if the Purchaser shall in any other way fail to perform or observe any of the covenants and stipulations on his/her/their part herein contained or referred to, then this Agreement shall cease and stand terminated and the earnest and/or deposit money and all other amounts already paid by the purchaser to the Builders shall absolutely stand forfeited.  The Purchaser hereby agrees to the forfeiture of all his right, title and interest in the said Flat Purchaser hereby agrees to the forfeiture of all his right, title and interest in the said Flat to the Builders and it shall be without prejudice to any other rights, remedies and claims whatsoever at law or under this Agreement of the Builders against the Purchaser.


   50.    All costs, charges, and expenses in connection with the formation of the Co-operative Society or Incorporated Body as well as the costs of preparing, engrossing, stamping and registering all the agreements, conveyance or any other documents required to be executed by the Builders and/or the Purchaser as well as the entire professional costs of the Solicitors of the Builders in preparing the approving all such documents shall be borne and paid by the Society or Incorporated Body proportionately by all the holders of the said premises in the said building.  The Purchaser alone shall also proportionately pay all stamp, registration and other out-of-pocket expenses.  The proportionate share of such costs, charges and expenses payable by the Purchaser shall be paid by him immediately on demand.  The Builders shall not contribute anything towards such expenses.


   51.    The Purchaser shall lodge this Agreement for registration with registering authorities within the time specified under the Indian Registration Act and inform the Builders to admit execution thereof.


THE FIRST SCHEDULE


A piece or parcel of land admeasuring about…………… square yards of land with residential structures thereon, one of the ground floor and one storey known as House, Bearing O.S. No.-and of Malabar and Cumballa Hill Division in the registration sub-District and District of Bombay and Suburban and Malabar Hills.


THE SECOND SCHEDULE ABOVE REFERRED TO


   1.     The expense of maintaining, repairing, redecorating etc. of the building and in particular the roof, water tanks, gutters and rain water pipes of the building, water pipes and electric wires, in under or upon building and enjoyed or used by the Purchasers in common with the other occupiers of other flats and parking spaces and the main entrance, passages, landings and staircases of the Buildings and the boundary walls of the Building Compounds, terraces etc.


   2.     The cost of clearing and lighting the passages, landings, staircases, and other parts of the Building so enjoined or used by the Purchaser as aforesaid.


   3.     The costs of the salaries of clerks, bill collectors, sweepers, watchmen etc.


   4.     The costs of working and maintenance of lifts, water connections, lights and other services.


   5.     Municipal and other taxes.


   6.     Insurance and other charges.


   7.     Such other expenses as are necessary or incidental for the maintenance and upkeep of the Building.


                        EXHIBIT “A”

                                       Office Nagindas    Attorney-at-law, Bombay          Master Road Fort,

                                     Bombay-400 001.


CERTIFICATE OF TITLE


Ref:      A piece or parcel of land admeasuring about        …………………………square yards of land with residential structures thereon, one of the ground floor, known as…………………… House bearing C.S. Number…………………………… of Malabar and Camballa Hill Division, in the registration sub-District and District of Bombay City and Suburban assessed by the Bombay Municipal Corporation under I.O.D. ward Nos………………… and street Nos ………………… road ……………………… Malabar Hill.


   1.     Original owners of the Property (Names)

   2.     Original owners of the Property (Names)

                             AND

……………………………………………………… Development Corporation (a registered partnership firm)


This is to certify that we have taken the search of the above property for the period between the years 1930 to 1990.  We had perused the previous correspondence and earlier agreements.  We have also made enquiry from Mr. ………………………… and his two brothers regarding public notice dated………………………… published in ……………………………… and perused all the documents of title.  We find that the vendors have clear marketable title in respect of the above property free from any reasonable doubt.


Bombay:


Date: Attorney-at-law,


IN WITNESS WHEREOF THE Builders and the Purchaser have here unto set and subscribed his/her/their hand and seal the day and year first hereinabove written.


SIGNED SEALED AND DELIVERED

By the within named Builders M/s.

DEVELOPMENT CORPORATION Through

Its partner:


     Shri:

     In the Presence of:

     Shri:

     SIGNED SEALELD AND DELIVERED

By the within named purchaser/s:


     1:

     /and

     2:

     in the presence of:

     Received the and year firs:

     Therein above written of and from the

Within named purchaser/s the sum of Rupees

………………………… Only being the amount of earnest

money or deposit be paid by them to us by

cash on:


     WITNESS: We say Received

                   For…………… Development Corporation

                                  Sd/

                                  Partner


RECEIVED Two copies of agreement for sale.  The original agreement and the triplicate are received by me, original for the purpose of registration with the Sub-Registrar of Assurance at Bombay as required under the Maharashtra Ownership Flats Act.  We agree to lodge the said original Agreement for sale with the Sub-Registrar of Assurance at Bombay within three months from the date of this Agreement and we shall be responsible for the same.  We shall inform you within three days thereafter about the lodgment of the registration of the Agreement for you to admit the same.  The triplicate copy is for our record.


Sd/-

Sd/-                    Signature     (purchaser)


                   LIST OF AMENITIES


FOUNDATION              :    shall be taken to                                        

                                      Hard morum and shall

                                  Be of P.C.C.footing.

     STRUCTURE               :    Shall beP.C.C.framed

                                  Structure of R.C.C.

Slab beam and                                     columns.              

     WALLS                   :    External walls shall

Be 9” thick brick wall 6” thick R.C.C.

Walls finished in cement plaster on both the faces, Internal walls shall be of 41/2 “thick brick Walls 3” thick P.C.C. walls and finished in cement plaster.


FLOURING                :    Shall be of marble                     mosaic tiles and in

Toiled block it shall

  Glazed tiles.


     DADO                    :    Glazed tiles upto 41

                                                                                      -0”high in bathrooms

                                  and 2”-o”high in

W.C.S.


     DOORS                   :    shall be of C.C.T.

                                  Frames and ponelied

                                  Or flash type with

                                  Ventilators.


     WINDOWS                 :    Shall be of C.C.T.W.

                                 Frames glazed type

                                 with ventilators of

                                 M.S. Glazed type

                                 With ventilators or

                                 Aluminum sliding

                                 Windows as per

                                 Architects design.


     STAIRCASE               :    shall be of R.C.C.

Works.



     TERRACE                 :    shall be properly

                                  Sloped and drained

                                  And made water proof


   

        


SAINTARY COVENIENCES    :    Shall have water

                                  Proof floor and

                                  Shall be per B.M.C.

                                  Bye-laws.


     DRAINAGE                :    Shall be as per

                                   B.M.C. Rules and

                                   Bye-laws.