ਸਾਂਝੇ ਖੇਤਰ ਦੀ ਸਾਂਭ-ਸੰਭਾਲ (CAM) ਕਰਾਰ (ਵਪਾਰਕ ਪਰਿਸਰ)

ਸਟਾਂਪ ਡਿਊਟੀ

An Agreement, not a Lease — chargeable under Article 5(c) of Schedule I-A to the Indian Stamp Act, 1899, the residuary entry for an agreement not otherwise provided for, and not under Article 35 or Article 36, which charge a lease. That depends on clause 2.1 of this Agreement being true in substance — no interest in the Premises passes, no tenancy is created, and the Tenant gets no exclusive possession of any area under this Agreement — and it is worth checking against what the CAM Services actually deliver before relying on it. Article 5(c) charges a fixed fee rather than a rate tied to rent or premises value, but the fee itself is not printed in this Agreement: it is set by the administration concerned from time to time, and the Punjab figure and the Chandigarh figure are not necessarily the same, so confirm both separately before the stamp is bought — the Punjab figure at the SHCIL e-stamping counter or the office of the Sub-Registrar of the tehsil in which the Premises lie, the Chandigarh figure at the SHCIL e-stamping counter or the office of the Collector, Union Territory of Chandigarh. E-stamp through the Stock Holding Corporation of India Limited at shcilestamp.com before execution, the same channel a commercial lease in these two jurisdictions uses. No family or gender concession applies to an Article 5(c) agreement in either jurisdiction.

ਰਜਿਸਟਰੀ

Not compulsory. Section 17(1)(b) of the Registration Act, 1908 catches an instrument creating, declaring, assigning or extinguishing an interest in immovable property worth more than Rs 100, and section 17(1)(d) catches a lease from year to year, over a year, or reserving a yearly rent; this Agreement does none of those things, for the reason clause 2.1 states, so neither paragraph reaches it. Voluntary registration remains open under section 18 of that Act, at the Parties' cost and choice, and does not by itself turn this Agreement into a lease. If the Parties do register: in Punjab, before the Sub-Registrar of the tehsil in which the Premises lie, via igrpunjab.gov.in; in the Union Territory of Chandigarh, before the Sub-Registrar, 30 Bays Building, Sector 17, via revenue.chd.gov.in. Where CAM Charges are billed by the Landlord itself rather than by a named independent facility management company, ask a lawyer about a fact-dependent risk that has nothing to do with whether this Agreement is registered, and everything to do with how the CAM Charges interact with the definition of rent under the rent statute that governs the Lease.

ਨੋਟਰੀ

Not required, and not a substitute for registration where the Parties choose to register under section 18 — a notarised but unregistered instrument that required registration would still be affected by section 49 of the Registration Act, 1908, though this Agreement is not such an instrument. Use a notary, if at all, for a supporting paper such as a board resolution or an authority letter for whoever signs for a company, LLP, partnership, trust or Hindu Undivided Family.

ਗਵਾਹ

Not compulsory for an unregistered Agreement, but both Parties should still sign before two adult witnesses who are not parties, so execution is easy to prove if this Agreement is ever produced before an authority or a court, and so the Parties are ready if they choose voluntary registration under section 18. If they do register in the Union Territory of Chandigarh, the first witness must, under para 127 of the Punjab Registration Manual, be known to the registering officer, and both witnesses must be known to each other; Punjab has no equivalent requirement.