THE PERIYAR LEASE DEED OF 1886
This Agreement is executed on this the twentyninth day of May One thousand nine hundred and seventy BETWEEN the Governor of Kerala (hereinafter referred to as "the Government of Kerala" which expression shall, where the context so admits, include his successors in office and assigns) of the one part and the Governor of Tamil Nadu (hereinafter referred to as "the Government of Tamil Nadu" which expression shall, where the context so admits, include his successors in Office and assigns) of the other part.
WHEREAS by a lease deed executed on the twentyninth day of October One thousand eight hundred and eighty six (hereinafter referred to as "the principal Deed") certain properties in the erstwhile State of Travancore were leased out to the Government of the erstwhile province of Madras in connection with the Periyar Irrigation Project subject to the terms, conditions and covenants therein contained;
WHEREAS the rights, liabilities and obligations of the parties under the principal Deed have devolved on the Government of Kerala and the Government of Tamil Nadu they being successors in interest;
WHEREAS the Government of Tamil Nadu have agreed to surrender to the Government of Kerala their rights of fishing in, over and upon the waters, tanks and ponds in the land comprised in the said lease hold and also to revise the conditions in the Principal Deed regarding the rate of acreage rent in the manner herein mentioned;
WHEREAS the parties hereto are desirous to amend the Principal Deed in order to give effect to this agreement;
AND WHEREAS These presents are supplemental to the Principal Deed;
NOW THESE PRESENTS WITNESS and the parties hereto mutually agree as follows :-
1. The principal deed shall be read and construed as if :-
(a) Clause 6 therein, namely;
"Sixthly the Right of Fishing in, over and upon such waters, tanks and ponds as now are or shall during the term hereby granted be
upon or within any of the demised lands" is deleted;
(b) in Clause 7, for the word "Seventhly" occurring at the
beginning of the clause the word "Sixthly" is substituted.
(c) In Clause 7, the words "yielding and paying therefor by the same being deducted from the tribute from time to time payable by the lessor to the Government of India or Madras the yearly rent of forty thousand rupees of British India commencing from the day on which the waters of the said Periyar river now flowing into the said territory of Travancore shall by means of the said works be diverted and shall flow into British territory, the first of such payments to be made at the expiration of twelve calendar months from such last mentioned date and yielding and paying from the date from which the said yearly rent of forty thousand rupees of British India currency for every acre and so in proportion for a less quantity of the lands hereby demised and granted which on the completion of the said worsk shall be found on measurement to be included within the said contour line in excess of the said area of eight thousand acres the first of such payments of acreage rent to be made at the time and place when and where the said yearly rent shall become i payable as hereinbefore provided and the lessee doth hereby covenant with the lessor that the lessee will pay to the lessor the several rents herein before reseved at the times hereinbefore appointed by allowing the same to be deducted from the tribute from time to time payable by the lessor as aforesaid" shall be deleted and in their place the following words shall be substitued, namely - "and the lessee doth hereby convenant with the lessor that the lessee will pay to the lessor yearly rent at the rate of Rs. 30 (Rupees thirty only) for every acre of the said lands demised and granted within the said contour line including the 8,000 acres referred to in clause one and the first of such payment of yearly rent be made at the expiration of twelve calendar months from the due date of payment in the year one thousand nine hundred and sixty nine as per the Principal Deed and the lessee doth hereby convenant with the lessor that the rent alone herein mentioned shall be subject to revision once in every thirty years from the twentyninth day of May one thousand nine hundred and seventy at such rate as may be mutually agreed upon and the lessee doth hereby convenant with the lessor that the lessee will pay to the lessor the yearly rent hereinbefore reserved or at such revised rent as the case may be.
(d) the words "at the same yearly and acreage rent", occurring after the words "will upon the request and at the expenses of the lessee forthwith execute and deliver to the lessee a renewed lease of the said premises for the further term of 999 years"; and before the words "and under and subject to the same convenant provisions" shall be deleted.
2. The Government of Kerala agree to exercise the right of fishing in the lands demised under the Principal Deed without affecting in any way the irrigation and power rights of the Government of Tamil Nadu.
3. Save as varied as aforesaid the Principal Deed and all the conditions and convenants thereof shall remain in full force and effect.In witness whereof Shri K.P. VISWANATHAN NAIR, Secretary to Government of Kerala, Water and Power Department for and on behald of the Governor of Kerala and Thiru K.S. SIVASUBRAHMANYAN, Secretary to Government of Tamil Nadu, Public Works Department for and on behalf of the Governmentof Tamil Nadu have hereunto set their hands the day and year first above written.
Singed by Shri K.P. VISWANATHAN NAIR, Secretary to Government of Kerala, Water and Power Department.
In the presence of witnesses:-
1. SHRI R.GOPALASWAMY,
Secretary to Government of Kerala,
Public Works Department
2. SHRI P. SANKUNNI MENON
Secretary to Government of Kerala Law Department
Signed by Thiru K. S. SIVASUBRAHMANYAN, Secretary to Government of Tamil Nadu, Public Works Department.
In the presence of witnessess:-
1. THIRU R. RAMASUBRAMANIAN,
Secretary to the Government of Tamil Nadu
Law Department
2. THIRU G. JAS
Joint Secretary to the Government of Tamil Nadu
Public Works Department
