THIS AGREEMENT made at……………..on this……………..day of……….20…between the Modern
Project Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered off
ice at (hereinafter referred to as the “Project Company” which expression shall, unless repugnant to the
context or meaning thereof, be deemed to include its Successors and Assigns) of the ONE PART and
State of Maharashtra through the Ministry of Surface Transport and having its office……………..
(hereinafter referred to as the “Government” which expression shall, unless repugnant to the context or
meaning thereof, be deemed to include its Successors and Assigns) of the OTHER PART;
WHEREAS by an agreement dated……………..executed between the Project Company on the one part
and the Government of Maharashtra on the other part, hereinafter referred to as the Project Agreement,
the Project Company was granted the right to construct a bridge on the land described in the said
agreement and the Project Company was also granted the concession/licence to collect toll for a period
of ……………..years from the date of commencement of the said Project Agreement;
AND WHEREAS the Project Company has constructed the said bridge on or about……… in accordance
with the terms/conditions and specifications contained in the said Project Agreement and the
Government has issued the Certificate of Completion of the Project on ……………..vide letter No.
………………… dated issued by the office of the Chief Engineer, Public Works Department
who was designated as Government’s Engineer under the said Project Agreement;
AND WHEREAS it was inter alia provided in the said Project Agreement that the Government will
execute the lease deed in respect of the said land in favour of the Project Company for a period
of…………. years and accordingly the Government granted lease rights of the said land in favour of the
Project Company for a period of …….. years by lease deed dated……………..registered as
No……………..in Book No…………….. Volume No……………..in the office of the Sub Registrar
of Assurances Delhi;
AND WHEREAS it was inter alia provided in the said Project Agreement that the Project Company shall
transfer the said bridge along with the structures standing on the said land to the Government after the
expiry of concession period;
AND WHEREAS the said concession period has expired on………………….and in terms of the said Project
Agreement, the Project Company has desired to transfer the said bridge alongwith the structures
constructed on the said land and the Government has agreed to accept the said transfer.
NOW THIS INDENTURE OF TRANSFER WITNESSETH AS UNDER
That in pursuance of the said Project Agreement and in consideration of the Premises, the Project
Company hereby grant convey, transfer and assign by way of transfer deed unto the Government all
those pieces and parcel of land admeasuring…………….. sq. ft. bearing plot No. Khasra No
……………..Mouza……………..Tehsil……………..Sub-Urban……… District…………….. hereinafter
referred to as the said land, together with the bridge constructed thereon along with the structures
constructed on the said land which consists of cabins for office staff collecting toll, cabin for watchmen,
outhouses for the staff collecting toll, cabin for visiting officers/supervisor/accountant, etc., more
particularly described in the
Schedule herein and delineated in the plan attached hereto and coloured thereon together with building,
fixtures, etc., hereinafter referred to as the “said property” with all the estate, right, title and interest of the
Project Company herein together with all other rights, easements, advantages, privileges and
appurtenances whatsoever in the said piece and parcel of land to hold the same unto the Government
herein absolutely for ever and absolutely free from all encumbrances, claims, demands, attachments,
and charges of all claim but subject however to the payment of all government assessments and other
taxes payable to the Government of Maharashtra or any other local authority in respect of the said land
and property more particularly described in the Schedule hereunder and delineated in the plan attached
hereto and coloured thereon together with all ways, waters, watercourses thereto, whatever in
the said piece or parcel of and more particularly described in the Schedule hereunder and hereby
conveyed, the Project Company covenant and confirm that all rents, rates, taxes, assessments, dues,
duties on the said property have been paid by them upto and including the date of these presents and
further covenant that should any rates, taxes, dues, and duties be found payable upto the date, the same
shall and will be paid by it and

WHEREAS the Project Company doth hereby covenant with the said Government that if, the Project
Company has good right, title, interest and full power to grant , convey, transfer and assign the said piece
and parcel of property more particularly described in the Schedule hereunder and delineated in the plan
attached hereto and coloured thereon in the manner aforesaid and that the said property is free from all
encumbrances, claims, demands, and other court attachments and that the Government may quietly
enter into and enjoy the same, the tolls and profits of the said property without any lawful interruption,
claims, demands or disturbance whatsoever from the said Project Company or any other person or
persons claiming through it, under or in trust for the said Project Company and that free and clear and
freely and clearly and absolutely acquitted, exonerated, released and forever discharged or otherwise by
the Project Company and sufficiently saved, defended, kept harmless and indemnified of, from and
against all former and other estates, titles and charges and/or encumbrances whatever had made,
executed, occasioned or suffered by the Project Company or by any other person or persons lawfully or
equitably claiming or to claim by, from, under or in trust for them, or any of them with the Project
company, and all persons having or lawfully or equitably claiming any estate, right, title or interest in law
or in equity in
all the said property hereby assigned, transferred or any part thereof by, from or in trust for the Project
Company or its successors, assigns and representatives shall and will from time to time.
And the Project Company doth hereby covenant with the Government that notwithstanding any act, deed,
matters or things whatsoever by the Project Company or by any person or persons lawfully or equitably
claiming by, from, through under or in trust for him, made, done, committed or knowingly or willingly
suffered to the contrary, its right, title or interest to the said property not becoming void or voidable or the
Project Company doth hereby covenant with the Government that there is no mortgage, charge, lien or
other encumbrance on the said property.
And the Project Company doth hereby further covenant with the Government that the project assets are
in good working condition, have been properly maintained and meet the minimum construction and
performance standards as required by the Project Agreement and the bye-laws of the local authority and
further covenant that the said project property will be in working condition for a further period
of………………. years as per the certificate issued by the Structural Consultants to the Project
Company.
And the Project Company hereby declares that it has handed over to the Government all documents of
title, designs, all drawings including Structural, RCC and working drawings, accounts of the toll collected
during the period of operation and papers and documents relating to, belonging to or connected with the
said property and the Project Company declares and confirms that it does not have any other document
of title and should it come in possession of any evidence or document of or relating to title or project, it
shall and will hand over or cause to be handed over to the Government or any person claiming
through or under the Government.
And lastly the Project Company doth hereby confirm that it had handed over to and placed the
Government in possession of the said property hereby granted, conveyed, transferred and assigned unto
the Government.
AND THE PROJECT COMPANY DOTH HEREBY FURTHER COVENANT with the said Government that
whenever reasonably required by the said Government and at the cost of the Government, the Project
Company will do sign and execute all other acts, deeds and writings for further and better assuring the
said land and property more particularly described in the Schedule hereunder and hereby
transferred to the said Government
IN WITNESS WHEREOF the Project Company has hereunto set and subscribed their respective hands
and seals respectively on the day and year first above mentioned
The Schedule above referred to

Signed and delivered by the within named Modern Project Co. Ltd. by the hands of Shri
……………..Managing Director thereof in the presence of
1 .
2.
Signed and delivered by the within named The Governor of Maharashtra state, by the hands of Shri
……………..authorized signatory in the presence of
1 .
2.


Leave a Reply

Your email address will not be published. Required fields are marked *