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Page 1 No. D. 25015/2/2015-ICT GOVERNMENT OF MIZORAM DEPARTMENT OF INFORMATION & COMMUNICAITON TECHNOLOGY MIZORAM ; AIZAWL Dated, Aizawl, 29 th March, 2016 OFFICE MEMORANDUM Subject: Guidelines for installation of Mobile Ground Based Towers and Roof Top Towers Digital connectivity along with high Speed Internet connectivity is imperative for all- round development of the state. Mobile Towers are integral part for providing better connectivity. Government examined the necessity of improving mobile services in the state, and learnt that one of the problem for improving and expanding mobile service in the state is getting space for installation of Ground Based Towers (GBT) (Tower)/Roof Top Tower (RTT) in private land holding and building. Accordingly, Government of Mizoram is pleased to grant permissive sanction to lease out Government land and buildings including that of Public Sector Undertakings to any licensed Telecom Service Providers/Infrastructure Providers operating in Mizoram on non exclusive basis for installing Ground Based Towers (GBT) (Tower)/Roof Top Tower (RTT), for facilitating better communication connectivity in accordance with the guidelines issued by Government of India and Government of Mizoram from time to time and subject to the satisfaction of the following conditions:- a) 10% of the market value of the land may be fixed as lease rent for GBT. Market value of the land will be fixed by Deputy Commissioner, which shall be revised in every 5 (five) years. For rooftop towers, the following options may be followed :- (i) the concerned PWD authority considering the land value and building cost shall fix the fair rent. (ii) indicative rate of Rs. 15,000/- per month for AMC areas and Rs. 10,000/- per month outside AMC areas may be fixed which may be revised by the concerned authorities from time to time. b) The tower being constructed at Government land/Building is to be shared with any other TSP/IPs in future as per Technical feasibility. TSP/IPs should seek permission
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Page 1: No. D. 25015/2/2015-ICT GOVERNMENT OF MIZORAM …

Page 1

No. D. 25015/2/2015-ICT GOVERNMENT OF MIZORAM

DEPARTMENT OF INFORMATION & COMMUNICAITON TECHNOLOGY MIZORAM ; AIZAWL

Dated, Aizawl, 29th March, 2016

OFFICE MEMORANDUM Subject: Guidelines for installation of Mobile Ground Based Towers and Roof Top Towers

Digital connectivity along with high Speed Internet connectivity is imperative for all-

round development of the state. Mobile Towers are integral part for providing better

connectivity.

Government examined the necessity of improving mobile services in the state, and

learnt that one of the problem for improving and expanding mobile service in the state is

getting space for installation of Ground Based Towers (GBT) (Tower)/Roof Top Tower

(RTT) in private land holding and building. Accordingly, Government of Mizoram is pleased

to grant permissive sanction to lease out Government land and buildings including that of

Public Sector Undertakings to any licensed Telecom Service Providers/Infrastructure

Providers operating in Mizoram on non exclusive basis for installing Ground Based Towers

(GBT) (Tower)/Roof Top Tower (RTT), for facilitating better communication connectivity

in accordance with the guidelines issued by Government of India and Government of

Mizoram from time to time and subject to the satisfaction of the following conditions:-

a) 10% of the market value of the land may be fixed as lease rent for GBT. Market

value of the land will be fixed by Deputy Commissioner, which shall be revised in

every 5 (five) years. For rooftop towers, the following options may be followed :-

(i) the concerned PWD authority considering the land value and building cost shall

fix the fair rent. (ii) indicative rate of Rs. 15,000/- per month for AMC areas and

Rs. 10,000/- per month outside AMC areas may be fixed which may be revised by

the concerned authorities from time to time.

b) The tower being constructed at Government land/Building is to be shared with any

other TSP/IPs in future as per Technical feasibility. TSP/IPs should seek permission

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from the concerned authority before sharing infrastructure. For every additional

sharing (with reference to BTS) adequate sharing fee is to be paid to Government.

c) An amount of Rs. 50,000/- (Rupees Fifty Thousand only) per tower shall be

collected from Telecom Service Providers/Infrastructure Providers as one time

permission fee besides lease rent, which may be revised in every 5(five) years. In

the event of sharing the towers by other Telecom Service Providers/Infrastructure

Providers, (with prior permission from the concerned authority) each one of the

Telecom Service Providers should pay Rs. 50,000/- (Rupees Fifty Thousand only)

additionally. The Head of office shall remit the fee so collected to the appropriate

Head of Account.

d) Lease rent and one time permission fee shall be payable to the department who own

the land and buildings where Telecom Service Providers/Infrastructure Providers

apply for permit. These payments shall be in addition to the fees levied by Municipal

Corporation/Council within their areas.

e) Municipal Corporation/Council will issue permit for installation of Ground Based

Tower/Roof Top Tower in accordance with the provisions of relevant

Acts/Regulations/Rules within their areas. In case of areas other than Municipal

Corporation/Council area, Deputy Commissioners will issue permit within their

District. The guideline in the matter issued by Government of India/Government of

Mizoram from time to time shall also be applicable.

f) Telecom Service Providers/Infrastructure Providers shall apply for permit before

the Municipal Corporation/Council or Deputy Commissioner with No Objection

Certificate (NOC) from Head of office concerned and proof of payment of one time

permission fee along with documents prescribed in Government of India/

Government of Mizoram guidelines and as per building rules, applicable.

g) Telecom Service Providers/Infrastructure Providers shall have no right or claim

over any, Government building/premises, in the light of the policy for granting

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permission for installing Ground Based Tower/Roof Top Tower. It shall be the

discretion of the head of office/Deputy Commissioner to take appropriate decision

for allowing the installation of Ground Base Tower/Roof Top Tower on lease rent

basis. This permissive sanction does not force any department to grant permission,

but shall not be declined due to excuse on EMR or structural stability without

proper proof.

h) Future expansion/extension should be taken into account by the head of office

before issuing No Objection Certificate (NoC) for building rooftops.

i) Technical feasibility and Structural Stability certificate must be obtained from

authorized Structural Engineers of Government of Mizoram/AMC/Central Building

Research Institute (CBRI), Roorkee/IIT/NIT by Telecom Service

Providers/Infrastructure Providers.

j) Head of Office shall enter into an agreement with Telecom Service

Providers/Infrastructure Providers after permission from appropriate authority

before leasing out land or roof top space of the building. Permission may be granted

initially for a period of 5 years, which shall be renewed for subsequent period on

mutually agreed conditions. (A format for the agreement is attached).

k) Telecom Company providing services should comply all regulations and

stipulations, rules issued by Government of Mizoram and Government of India from

time to time (including that of the Ministry of Civil Aviation, Government of India,

EMR guidelines) in this regard.

l) Damage caused to the building/assets/land if any, shall be rectified by the Telecom

Service Provider/Infrastructure Providers to bring back to the original condition

and to the satisfaction of the authorities concerned. The TSP/IPs will be solely

responsible for any damage/losses to the property/people due to any accidents

occurring due to the Tower.

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m) Leasing of premises of buildings to Telecom Service Providers/ Infrastructure

Providers should not be detrimental to the daily routine activities of the office or

officers concerned.

n) Telecom Service Providers/ Infrastructure Providers shall provide Internet

connectivity free of cost to the office where the Ground Based Mast (Tower) and

Roof Top Tower are erected.

o) Head of office in case of office premises shall issue No Objection Certificate to

TSP/ISP’s for installing Roof Top Tower / Ground Based Mast(Tower).

p) These guidelines supersede the previous OM issued No D.25015/1/08-PLG(ICT)

dated 10.3.2015.

Sd/- C. LALHMACHHUANA Secretary to Government of Mizoram Department of information & Communication Technology

Memo No. D. 25015/2/2015-ICT : Dated Aizawl the 29th March, 2016

Copy to :

1) Secretary to Governor, Mizoram

2) PS to Chief Minister, Mizoram

3) PS to Speaker/Dy. Speaker, Mizoram

4) PS to all Ministers, Mizoram

5) PS to all Parliamentary Secretaries, Mizoram.

6) Sr. PPS to Chief Secretary, Government of Mizoram

7) All Principal Secretaries/Commissioners & Secretaries/Secretaries

8) All Heads of Departments

9) All Deputy Commissioners

10) Chief Informatics Officer, ICT Department

11) CEO, Aizawl Municipal Council

12) Guard File.

( DONNIE )

Under Secretary to the Govt. of Mizoram

Deptt. of Information & Communication Technology

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AGREEMENT OF GRANT OF PERMISSION TO INSTALL MOBILE TELECOM TOWERS IN

GOVERNTMENT LAND/ BUILDINGS INCLUDING PUBLIC SECTOR UNDERTAKINGS

THIS AGREEMENT is made at ................................. on this the...............day of ..............20.......................

between...........................................................................................................................................................................

………………………………………….., an Office of the Government of Mizoram / a Public Sector

Undertaking under the Government of Mizoram (hereinafter referred to as the "Grantor",

which expression shall, unless repugnant to the context and meaning thereof, be deemed to

mean and include its successors in title and permitted assignee) represented by the Head of

the Office Mr/Mrs. ………………………………………..................................................of the ONE PART and

M/s. ......................................................................................................a Company incorporated under the

Companies Act, 1956/2013, and having its registered office at

…………………………………………………………………………………………………………………………………………

[hereinafter referred to as the "Grantee" which expression shall unless, it be repugnant to

the context or meaning thereof, include its permitted assignee] represented by its

…………………………....................., Mr/Mrs. ........................................................................ of OTHER PART.

(The Grantee and the Grantor shall hereinafter be collectively referred to as the "Parties’'

and individually as a "Party" to this Agreement as the context requires)

WHEREAS, the Grantee who is a Telecom Service Provider (herein after called 'TSP')/

Infrastructure Provider(herein after called 'IP') licensed under Section 4(ii) of the Telegraph

Act, 1885 operating in the State of Mizoram under the Licenses granted by the Government

of India through the Department of Telecommunications (herein after called DoT) has

approached the Grantor for permission to use the lands/ buildings belonging to the

Government/ Public Sector undertakings in the State of Mizoram for establishing Telecom

Towers provide Mobile Telephone Services to the Public;

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AND WHEREAS, the Government / authorized Authority has accorded permissive sanction

vide G.M. No.D.25015/2/2015-ICT, dated 29th March, 2016 for the installation of towers on

the roof tops and open places in Municipal and Non-Municipal areas and facilitated lease of

open space in the premises of Government offices in the State to all Telecom Service

providers for installation of their Network Equipment;

AND WHEREAS, the Government have accorded permissive sanction vide G.M.

No.D.25015/2/2015-ICT, dated 29th March, 2016 to lease out Government land and

buildings including that of Public Sector Undertakings to any licensed TSPs/IPs operating in

Mizoram on non-exclusive basis for installing Ground Based Tower (herein after called GBT)

and Roof Top Tower(herein after called RTT);

AND WHEREAS, the Government have laid down certain conditions for deploying Telecom

Sites, GBT/RTT in such lands and Buildings vide G.M No.D.25015/2/2015ICT, dated 29th

March, 2016;

AND WHEREAS, the Grantor has accepted the Grantee's request for constructing a GBT/

RTT and has agreed to issue No Objection Certificate(NOC) for the use of such land /building

for erecting GBT/RTT on the following terms and conditions which are accepted by the

Grantee.

NOW THIS AGREEMENT WITNESSES AS FOLLOWS:

1. Definitions and interpretations.- In this Agreement, the following terms shall have the

following meanings, unless the context otherwise requires:

1) Anchor Tenant: means the IP/TSP who enters into an agreement for the

Government Land or Building to be used for constructing GBT/RTT in the demised

premises, termed as the Grantee in this Agreement and provides Infrastructure

Provisioning to other TSPs who occupy the same GBT/RTT.

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2) Account Head for remitting Lease Rent and Fees: means the Account Head in

which the Lease Rent and the one- time fees are to be remitted as informed to the

Grantee by the Grantor.

3) Charge Effective Date: means the date of handing over of the demised premises

to the Grantee, from which day the HOC for Land/Building use shall be effective.

4) Contract Year: means the continuous period of 12 (twelve)months commencing

from the Charge Effective Date.

5) Demised Premises: means the area demarcated for the construction of GBT/RTT

in Government Land /Building.

6) Effective Date: means the date from which this Agreement shall come into force,

which must be mentioned in the agreement. The effective date could be earlier /

later from the date on which both the Parties sign the Agreement, depending on

the prevailing condition.

7) Government Building: means a building owned by the Government of Mizoram

and includes buildings owned by Government Departments and Public Sector

Undertakings.

8) Government Land: means all the Government lands in the State of Mizoram

irrespective of its category owned by Government Departments and Public Sector

Undertakings.

9) Ground Based Tower (GBT): means the infrastructure located at a site which

includes a pole erected from the ground, Equipment Shelter and all associated

Power, Electrical and Civil Accessories and includes the Optical Fiber drawn to the

Equipment Shelter from the nearest Optical Fiber Route.

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10) Infrastructure Provider (IP): means an Infrastructure Provisioning-1 (IP-1)

licensee from DoT to establish, install, operate, maintain and provide Passive

Infrastructure Services in the State of Mizoram.

11) Infrastructure Provisioning: means the Services provided by an IP-1 License

Holder as per their License conditions to other TSP’s.

12) Infrastructure Sharing: means the Infrastructure Provisioning made by Anchor

Tenant to Sharing Tenants. The GBT/RTT constructed in Government Land or

Building by an Anchor Tenant should be capable of Infrastructure sharing.

13) Lease Rent of Government Land: means in the case of land belonging to

Government and Public sector undertakings, the Lease Rent per annum for the

demised premises payable by the TSP/IP as fixed by the District Collector in

consultation with the Public Works Department Executive Engineer responsible

for the revenue District.

14) Lease Rent of Government Building: means the Lease Rent per annum, which

the TSP/IP has to pay for the demised premises.

15) NOC for Land/Building use: means the No Objection Certificate issued by the

Grantor to the anchor Tenant for using the Land or Building demarcating the

demised premises, for the construction of a GBT/RTT.

16) One Time Permission Fee: means one time permission fee of Rs 50,000 as per

G.M No.D.25015/2/2015-ICT, dated 29th March, 2016 to be paid by anchor tenant

to the Grantor for installing GBT/RTT.

17) Permit for installing GBT/RTT: means the permit issued by Municipal

Corporation / Municipal Council / Deputy Commissioner.

18) Premises: means the boundary of the Government Land (not limited to building

area) in the corresponding Village / revenue records, which may include the space

on the rooftop, and also ground for accessories like Earth pits, Power Supply

Equipments.

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19) Rooftop Tower (RTT): means the infrastructure located at a site which includes a

Tower or Pole structure erected from the roof of the building, Equipment Shelter

and all associated Power, Electrical and Civil Accessories including Earth pits and

includes the Optical Fiber drawn to the Equipment Shelter from the nearest

Optical Fiber Route.

20) Sharing Tenant: means the TSP who occupies the GBT/RTT constructed by the

Anchor Tenant to fulfill their License Conditions.

21) Sharing Fee: means the one- time additional Sharing Fee of Rs. 50,000/-(Rupees

Fifty Thousand only) as per G.M No.D.25015/2/2015-ICT, dated 29th March, 2016,

to be paid by the Sharing Tenant to Grantor for availing Infrastructure

Provisioning from an Anchor Tenant.

22) State: means the State of Mizoram

23) Telecom Service Provider (TSP): means a licensee under Indian Telegraph Act,

1885, to establish, install, operate, maintain and provide Telecom and other value

added services in the State under the Licenses granted by the Government of India

through the Department of Telecommunications.

24) Feasibility and Structural Stability: Technical feasibility and Structural Stability

certificate must be obtained from authorized Structural Engineers of Government

of Mizoram/AMC/Central Building Research Institute (CBRI), Roorkee/IIT/NIT by

Telecom Service Providers/Infrastructure Providers

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TERMS and CONDITIONS OF THE AGREEMENT

1. In consideration of the lease rent payable by the Grantee to the Grantor for the

Grant of permission to install GBT/RTT in the demised premises at the rates fixed

by the grantor, the Grantee shall be allowed to install GBT/RTT in the demised

premises.

2. Lease rent for GBT shall be 10% of the market value of the land fixed by District

Collector concerned and shall be revised by the concerned authorities from time

to time for rooftop towers, the following options may be followed :-

i. The concerned PWD authority considering the land value and building cost

shall fix the fair rent.

ii. Indicative rate of Rs. 15,000/- per month for AMC areas and Rs.10,000/-

per month outside AMC areas may be fixed which may be revised by the

concerned authorities from time to time.

All payments like Lease Rent, One-Time fee and the Sharing fees shall be made by

the Anchor Tenant and the sharing tenants, if any, through demand drafts or

electronically.

3. The demised premises shall be handed over to the Grantee by the Grantor for use

as per the terms & conditions herein or as per any other conditions set forth

thereof by the Grantor from time to time on 'as is where is' basis.

4. The Grantee shall pay the lease rent in advance for each contract year. In case of

the first year, on receipt of NOC for Land/Building use from the Grantor, the One-

time Fee and the Annual Lease Rent shall be paid in advance in the form of

Demand Draft drawn in favour of Grantor payable at ............................................... , along

with the letter of acceptance. The liability to pay this sum shall commence from

the date of Effective Date mentioned in this agreement. The Lease Rent shall be

revised at the end of the fifth contract year, in case the Agreement is renewed.

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5. The Grant shall be on non-exclusive basis and the Grantee shall use the said

GBT/RTT only for Infrastructure Provisioning Services and for no other purpose

whatsoever.

6. The Grantee shall ensure that the GBT/RTT constructed on Government Land

/Building is capable of being shared with minimum of three Sharing Tenants and

shall be shared with other TSPs as per technical feasibility as and when such

requirements come up from TSPs to the Grantor in future.

7. The Grantee shall provide necessary space and power (with UPS backup facility

wherever feasible) in the GBT/RTT for installing a maximum number of three

Wireless Access Points to be used for State Government owned networks if

demanded by Government of Mizoram (GoM) at no additional cost. ; The Grantee

shall provide necessary support at their own cost to the nominated agency of GoM

for the routing of cables, installation & maintenance of the devices placed in the

towers.

8. The Grantee agrees to share the tower constructed under this Agreement with any

other TSP/IP in future as per technical feasibility. The Grantee shall seek

permission from the Grantor before sharing infrastructure. The Grantee shall pay

the Grantor adequate sharing fee for every additional sharing.

9. The Grantee shall pay the Grantor a one- time permission fee of an amount to be

notified by the grantor, which may be subject to such revision by the concerned

authorities, from time to time, as it deems fit which shall be remitted in advance

for receiving NOC from the Grantor, in the Account Head specified by the Grantor.

10. An additional fee of an amount to be notified by the grantor, which may be subject

to such revision by the concerned authorities, from time to time, as it deems fit for

sharing GBT/RTT shall be paid by the Sharing Tenant to the Grantor as the

Sharing Permit Fee in the Account Head specified by the Grantor in advance.

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11. Lease rent and one time permission fee shall be payable to the Department who

own the land and buildings where Telecom Service Providers / Infrastructure

Providers apply for permit. These payments shall be in addition to the fees levied

by Local Self Government Institutions. The lease rent and one time permission fee

including sharing permit fee shall not be refunded.

12. The Permit Fee remitted to the Grantor for getting No Objection Certificate for the

use of Government Land / Building shall be independent of the fees to be paid to

the Local Self Government Institutions concerned for installation permissions of

GBT/RTT. Based on the NOC received from the Grantor along with the proof of

onetime payment, the Grantee shall take installation permissions for GBT/RTT

construction in the demised premises from Authorized Authority as mentioned in

G.M No.D.25015/2/2015-ICT, dated 29th March, 2016. The guidelines in the

matter issued by Government of India/ Government of Mizoram, from time to time

shall also be applicable.

13. The Grantee or the Sharing Tenant shall have no right or claim over any

Government Building/Land or premises by virtue of this agreement.

14. The NOC for the use of Government Land/Building shall be subjected to the

technical feasibility clearance and Structural Stability certificate issued by

authorized Structural Engineers of Government of Mizoram/AMC/Central

Building Research Institute (CBRI), Roorkee/IIT/NIT.

i. The Grantee shall provide all documentary support for technical feasibility

analysis.

ii. Wherever documents, building designs, structural details, land records, etc.

are required from Government sources for Technical feasibility analysis, it

may be called from the respective custodian departments.

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iii. If any requests as mentioned above are placed with other departments, then

the Head of that Department shall ensure that the materials are provided

within a reasonable time.

iv. While carrying out the Technical feasibility study future

expansion/extension plans of the Government Land/Building shall be kept

in mind.

15. The permission for the use of Government Land/Building for constructing

GBT/RTT is granted for a period of five years, which shall be renewable on

mutually agreed terms and conditions.

16. The Grantee shall comply with all regulations, stipulations and rules issued by the

State Government and Government of India from time to time (Including those of

Ministry of Civil Aviation, Government of India, Electro Magnetic Radiation

guidelines, etc) in this regard.

17. Damages, if any, caused to the building/assets/land shall be rectified by the

Grantee to bring back the same to the original condition and to the satisfaction of

the authorities concerned. The Grantee or the Sharing Tenant, as the case may be,

shall be solely responsible for any damages/losses to the property/people due to

any accidents occurring due to the GBT/RTT.

18. The presence of the IP/TSP or its operation from the demised premises shall not

be detrimental to the daily routine activities of the office or officers concerned.

19. The Grantee shall provide Internet connectivity free of cost throughout the period

of agreement along with the required hardware (Modems, Media Converter etc.)

to the office where GBT/RTT is erected subject to the following conditions.

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a) An Internet connectivity up to 10 Mbps subject to an upper usage limit of

50GB/month shall be provisioned through Wired/Wireless mode based on

technical feasibility.

b) Beyond 50 GB, a minimum speed of 2 Mbps shall be ensured for the remaining

days in the month. The proper functioning of the link throughout the duration

of agreement has to be ensured by the Grantee. The usage reports for the same

to be submitted to the Grantor on monthly basis.

c) Grantor shall identify the termination point and arrange necessary

permissions for routing the cable to the concerned office for terminating the

said bandwidth.

d) The bandwidth shall ready to be provisioned to the office within 60(sixty)days

from the date of operation of the tower and Grantor has to ensure the same.

e) Grantor shall ensure the proper functioning of the provisioned bandwidth to

the office.

f) If the GBT/RTT is shared by more TSP, it shall be the responsibility of the

primary Grantee for ensuring the bandwidth and oversee the above free

bandwidth condition.

20. The Grantor shall issue No Objection Certificate (NOC) to the Grantee for installing

the GBT/RTT .

21. The GBT/RTT installed by the Grantee shall be the property of the Grantee and the

Grantee shall be at liberty to remove it for maintenance purpose etc. during the

currency of the Agreement, without causing any damage of whatsoever nature to

the Government land/ building/assets within the premises. The Grantee shall be

liable for any damage caused to such Government land/ building/ assets within

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the premises, provided such damage could have been authorized by exercising

reasonable case and precaution.

22. The Grantor shall permit the Grantee to install GBT/RTT including the Right of

Way of Optical Fiber Cable from the premises boundary up to the equipment

shelter. The Grantee shall be solely responsible for all works, expenditures,

contracts, necessary permissions, etc pertaining to such installation.

23. The Grantee shall take all necessary measures and precautions to avoid

inconvenience to public/office while doing construction/installation/repair work,

operation and maintenance, etc throughout the period of agreement.

24. The Grantee shall obtain the required Electric Supply from Power & Electricity

Department and provide for all electrical fittings, appliances, apparatus etc., at the

Grantee's own cost. The Grantee shall maintain and keep all the electric fitting,

appliance and apparatus etc., in a good and safe condition throughout the period

of the agreement.

25. The Grantee shall insure and keep insured at all times during the currency of the

Grant of permission to install GBT/RTT, at its own cost and expenses against all

risks of fire, riot war, earthquakes, civil commotion, electrical short circuits, Acts

of God and any risk due to whatsoever reason.

26. Grantee shall maintain records regarding the details of GBT/RTT installed by them

throughout the state and submit to Information & Communication Technology

Department every six months / on demand.

27. The Grantee shall indemnify and shall keep indemnified the Grantor through the

entire period of the Agreement and its renewal if any, against all loss, damage,

expenses, cost and claims incurred or suffered or made in respect of the Grant.

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28. The Grant of Permission shall be renewed by the Grantor after the expiry of 5

(five)Contract years based on renewed terms and conditions, provided the

Grantee gives three months advance notice of its intention to renew the contract,

prior to the date of expiry of the agreement.

29. The Grantor reserves the right to terminate the grant of permission to use

Government land and building under any of the following circumstances.

a. If the Grantee is declared insolvent by a court of competent jurisdiction or if

there is any order of appointment of Court Receiver/ Trustee in respect of

Grantee's business in bankruptcy or liquidation or winding up proceedings

are initiated or a petition of any winding or liquidation proceedings are

initiated or a petition of bankruptcy is filed against the Grantee.

b. In case of any breach of any of the terms of the Agreement the Grantee shall

be given 30(thirty) days show cause notice as to why the agreement should

not be terminated.

c. Government/Grantor reserves the right to demand necessary

shifting/dismantling of the GBT/RTT without citing any reasons in

unavoidable circumstances. In such cases, the Grantee shall adhere to the

directions of the Government/Grantor within 60(sixty) days on receipt of

official notice. In such cases the leased rent collected shall be refunded on pro

rata basis for the remaining period of the lease period.

30. In case of termination of the Agreement under these conditions, the Grantor shall

communicate the same to the TSPs operating from the same GBT/RTT to make

alternate arrangements for continuity of Telecom Services in the locality.

31. This Agreement shall not create or be deemed to create any relation between the

parties hereto other than that of Grantor and Grantee.

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32. Any dispute between the parties hereto shall be resolved by mutual discussion.

The unresolved disputes, if any, shall be referred to the Administrative Head of the

Grantor in Mizoram Government Secretariat, Aizawl for a decision and his decision

shall be final and binding on the parties hereto.

33. This agreement shall be subject to the exclusive jurisdiction of the Courts in

Mizoram only.

34. The Grantee shall bear all cost, charges for preparation, engrossing, and

completion of the agreement and incidental thereto including stamp duty and

registration charges. The registration of the agreement shall be the sole

responsibility of the Grantee.

35. The Grant agreement shall be made in two copies and one copy each shall be kept

by each of the parties.

36. The name, address and area of the land/ building, total value of demised premises,

lease rent, etc shall be recorded in the form appended to this agreement.

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FORM (Please see clause 36)

Name of the Grantee : ______________________________________________.

Name of the Grantor : ______________________________________________.

Effective Date :_______________________________________________________.

Category of the Site : GBT / RTT

Name of

the Land/

Building

Address

of the

Land /

Building

Area of

the

Demised

Premises

in Sq.Mtr.

Market

Value of

building,

in case of

RTT the

land

/Building

per

Sq.Mtr

Total

Value of

Demised

premises

10%

Value of

Demised

premise

Annual

Lease

Rent

(1) (2) (3) (4) (5) (6) (7)

Annual Lease Rent: Rs ________________________.

One -Time Fee for the Grantee (Anchor Tenant): Rs ______________________.

One - Time Sharing Fee for the TSP: ____________________ per Sharing Tenant

Name in which Demand Note to be made:

Head of Account for making payments:

Bank Details:

Signature of Grantor Signature of Grantee

Page 19: No. D. 25015/2/2015-ICT GOVERNMENT OF MIZORAM …

15

IN WITNESS WHEREOF, the parties have hereunto set and subscribed their respective

hand and seal on the day and year first hereinabove mentioned.

SIGNED, SEALED and DELIVERED

By…………………………………………

For and on behalf of Grantor

In the presence of witnesses:

1. ...............................................................

2. .............................................................

SIGNED, SEALED and DELIVERED

By ………………………………………

For and on behalf of Grantor

In the presence of witnesses:

1. ...........................................................

2. ...........................................................