The Allotment of Land to Educational Institutions (Schools), Etc. on Lease-hold Basis in Chandigarh, Scheme, 1996 Published in Chd. Administration Gaz. (Extra) dated 31-1-1996 al page 76 No- 101-UTFI (5) 96/1349, - Whereas there arc a number of Educational Institutions (Schools) managed by Societies or otherwise, scattered at different places in the various Sectors of the Union Territory of Chandigarh ■ And whereas most of the Educational Institutions (Schools) are running in the premises not meant for the purpose, in violation of the provisions of the Capital of Punjab (Development and Regulations) Act, 1952, and the rules made thereun der, and thereby affecting the planned character of the City;
And whereas there is also need for Educational Institutions (Schools) in the private sector with a view to maintaining the educational standards ;
And whereas in view of the afore-mentioned purpose, it is necessary, in the public interest, to lay down a scheme to regulate the allotment of sites to the Educational Institutions (Schools);
Now, therefore, in exercise of the powers conferred by Section 3 and Sec tion 22 of the Capita! of Punjab (Development and Regulations) Act, 1952, and the Rules made thereunder, the Administrator, Union Territory, Chandigarh, is pleased to make the following Scheme for the allotment of land to the Educational Institutions (Schools) on lease-hold basis in the Union Territory of Chandigarh, namely: -
1. This scheme may be called “The Allotment of Land to Educational Insti tutions (Schools), etc. on Lease-hold Basis in Chandigarh, Scheme, 1996".
2. It shall come into force from the date of its publication in the Chandigarh Administration Gazette.
3. In this scheme, unless the context otherwise requires : - all words arid expressions used in the scheme but not denned hereunder shall have the meaning attached thereto in the Capital of Punjab (Development and Regulations) Act, 1952, and the rules made thereunder;- '[(i) "Al lotment” means allotment of a site on Lease-hold basis through miction under this Scheme.]
(ir) “Category of Site”, shall mean site for Pre-Primaiy, Primary, High/ Secondary School, os the case may be.
(iii) “Competent Authority” means the Estate Officer appointed under the Capital of Punjab (Development and Regulations) Act, 1952 or any other officer appointed by the Administration under this Scheme.
(iv) “Educational Institution (School)” means a Pre-Primary, Primary, Higti/ Secondary School run by a duly constituted registered Society/Trust which would be of non-proprictary Character, that is, its constitution be such that it docs not vest control in a single individual or members of a family. , I. Substituted by Chandigarh Administration Gaz (Extra) dated 29-7-2005 nt page 537 poi] 302 Allotment of Land to Educational Institutions (Schools), etc.
on Lease-hold Basis in Chandigarh, Scheme, 1996
(v) “Lease” means the transfer by or on behalf of Chandigarh Administration of the rights of use and occupation of any site to any person and the terms of lease shall be construed accordingly.
(vi) “Lease-deed" means the deed in the prescribed form under this scheme.
(vii) “Managing Committee" means the Managing Committee of the Institution (SchooiySuciety/Trust which shall be managing the affairs of the Institution (School).
(viii) “Premium” means premium paid or promised to be paid for the transfer of right to use the site.
(ix) “Reputed Institution (School)" means an Educational Institution (School) which has made significant contribution in the field of education, has excelled in educational and related activities, and has eminent Personalities interested in education associated with its management and running.
(x) “Society” means a Society registered under the Societies Registration Act, 1860.
(xi) “Trust” means a Trust registered under the Indian Trusts Act, 1926.
1 [4. Eligibility for applying under sale of School sites. - Ah Educational Institution ( Schoo 1/Soclety/Trust) fulfilling the criteria laid down by the Chandigarh Administration from time to time shall be eligible for applying for school sites subject to the following
(i) The Educational Institution (School/Socicty/Trust) have the requisite competence and experience in running an Educational Institution (School) on the date of notice inviting applications, as per the criteria and policy SCt by the Chandigarh Administration from time to time.
(ii) The Educational Institution (Schoo 1/Sooiety/Trust) has enough funds at the time of applying to pay at least 25% of the advertised cost of the land and 25% of the estimated cost of the building to be erected thereupon and shall give sufficient proof for the same.J
5.1 2[xxx]
1. Substituted by Chandigarh Administration Gaz. (Extra) dated 29-7-2005 al page 537
2. Deleted by Chandigarh Administration Gaz. (Exini)daicd 20-12-2001 at page 2177
6. Procedure for allotment: -
(i) After this scheme comes into force, the Estate Officer shall invite applications by publishing a notice in the newspapers. Separate advertisement shall be given for each category of sites. Applications submitted in response thereof under this Scheme shall only be entertained and considered, provided that the Educational Institutions (Schools)/Societies/Trusts, who have already submitted their applications, shall resubmit their applications in the form prescribed under this Scheme, mentioning the details of their earlier applications so submitted to the Estate Officer.
(ii) The applicant shall submitonly one application fora particular category in response to the advertisement, to the Estate Officer in the prescribed form (Annexure “A”).
(iii) No application under clause (ii) above shall be valid unless it is accompanied by the prescribed earnest money in the prescribed mode of payment.
Allotment of Larukto Educational Institutions (Schools), etc. 303 on Lease-hold Btfiis in Chandigarh, Scheme, 1996 '[(tv) The Estate Officer will examine records, make site visit or take any other action necessary for scrutinizing the applications. The Estate Officer shall make reasoned recommendation regarding the eligibility of applicants to participate in the auction.]
'[(v) In case the nurnVei of eligible applicants rccommended/applied for a Site or for a category of sites is more than the number of sites, then an auction amongst the applicants found eligible by the Estate Officer shall be he.ld by the Estate Officer and a reserve price for every site will be fixed by the Estate Officer, 25% sites in the Primary School category shall be reserved for institutions already miming schools in Chandigarh. The Estate Officer shall have right to accept or reject any bid-] 3 ((vi)The allotment of sites shall be approved by the Administrator [xxx]}.
(vii) The Estate Officer thereafter shall, subject to such conditions as may be imposed by the Chief Administrator, allot a site to the applicant intimating, by registered post the number, sector, approximate area, premium and the rent of the site proposed to be allotted.
(vii) The applicant shall, unless he refuses to accept the allotment, within 30 days of the date of issue of the allotment order, deposit further 15% of the premium by prescribed mode of payment. The remaining 75% ofthe premium shall be paid as prescribed in rale 12 ofthe Chandigarh Lease-hold of Sites and Building Rules, 1973.
(ix) If the applicant refuses to accept the allotment within said period of 30 days he will be entitled to refund ofthe amount paid by him after deduction of 10% of the amount so deposited. The refusal shall be communicated to the Estate Officer by a registered letter (acknowledgement due). The refund shall be made by means of cheque payable at the State Bank of India at Chandigarh and the applicant shall bear collection charges of the same.
(x) If the applicant fails to communicate his refusal to accept the allotment within 30 days and also fails to deposit 15% of the premium under sub-clause (ix), the Estate Officer n»ay forfeit the whole or part ofthe earnest money.
3[(xi) In case of non-payment or delay in payment or delay in payment of an instalment the applicant shall be liable for action in terms of the Chandigarh Lease Hold of Sites and Building Rules, 1973.]
*[7. Commencement and period of lease. - The lense shall commence from the dale of allotment and shall initially bo for a period of 33 years renewal for two like periods of 33 years each provided that the lessee continues to abide by all the conditions of lease at the time of each renewal. After the expiry of the period of 99 year s including two renewals mentioned above the lease may be renewed for such further period and on such terms and conditions as the Government may so decide.]
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1. Substituted by Chandigarh Administration Gaz. (Exira) dated 29-7-2005 at page 537
2. Renumbered and ccilain words deleted by Chd. Admn. Gaz. (Extra) dated 7.0-12 2001 at page 2177
3. Added hy Chd. Admn. Gaz. (Extra) dated 20-12-2001 at page 2177
4. Substituted by Chd. Admn. Gaz. (Extra) dated 20-10-2004 at page 1155 304 Allotment of Land to Educational Institutions (Schools), etc.
on Lease hold Basis in Chandigarh, Scheme, 1996
8. Delivery of possession. - The actual possession of the site shall be deliv ered to the lessee on payment of 25 percent of the premium in accordance with Sub-Clause (ix) of Clause 6 above and after the present site, if it is within the U.T.
Chandigarh, is vacated. Provided that no ground rent payable and interest on the instalments of premium payable under this scheme shall be paid by the lessee till the actual and physical possession of the site is delivered or offered to be deliv ered to him, whichever is earlier.
9. l 2 3 4[ x x x ]
1. Deleted by Chandigarh Administration Gaz. (Extra) dated 29-7-2005 at page 537
2. Added by Chd. Admn. Guz. (Extra) dated 20-12-2001 at page 2177
3. Substituted vide Chd. Admn. Gaz. Noti. No. 31/1/291 -U1‘FI(4)-2003/2584 dated 28-4-2003
4. Substituted by Chd. Admn. Gaz. (Extra) dated 20-12-2001 at page 2177 2 [In the event of premium being linked to the floor area ratio, then the appli cant shall be liable to pay for the additional premium in terms of the Chandigarh Lease Hold of Sites and Building Rules, 1973, as and when the additional Floor Area Ratio (FAR) is allowed ] L0. Mode of payment of premium and consequences of non-payment or late payment: -
(i) In addition to payment of 25% premium under para 8 of the scheme, the remaining 75% premium may be paid in lump sum within 30 days from the date of the allotment without any interest.
’ [(ii) If payment is not made in accordance with sub-clausc (i), the balance of 75% premium shall be paid in 10 (ten) annua) equated instalments alongwilh interest at the rate as prescribed in sub-rule (2) of Rule 12 of the Chandigarh Lease hold of Sites and Building Rules, 1973, as amended from time to time. The rate of interest as specified on the date of allotment shall be applicable. The first instalment shall become payable after one year from the date of allotment.]
(i i i) In case arty instalmeat is not pa id by the lessee by the date on which it is payable, a notice may be served on the lessee calling upon him to pay the instalment within a period of three months together with a penalty which may extend upto 10% of the amount due. If the payment is not made within the said period, the Estate Officer may cancel the lease and forfeit the whole or any part of the money if paid in respect thereof which, in no case, shall exceed 10 per cent of the total amount of the consideration money, interest and other dues payable in respect of the lease:
Provided that forfeiture will not be made in addition to penalty:
Provided further that no order of cancellation or forfeiture shall be made without giving the lessee a reasonable opportunity of being heard. If the order of cancellation is for non-payment of penalty, the lessee may 'show cause why the penalty should not be levied.
J[(iv) In case of delay in payment, interest on delayed payments shall be chargeable at the rate specified in sub-rule (3A) of Rule 12 of the Chandigarh Lease-hold ofSites and Building Rules, 1973. The rate of interest specified on the date of default shall be applicable.f *[(v) Remittance of payment - Each instalment shall be remitted to the Estate Officer by the prescribed mode of payment. Every such remittance shall be accompanied by a letter showing full particulars of the site to which the payment pertain ora statement giving reference to the number and the date of the allotment referred to in para 6. In 305Allotment of Land to Educational Institutions (Schools), etc.
on Lease hold Basis ih Chandigarh, Scheme, 1996 the absence of these particulars, the amount remitted should be deemed to have been received only on the date when the remitter supplies correct and complete information.]
****
11. Rent and consequences of non-payment.- In addition tot he premium in respect of the site, the lessee shall pay rent as under: -
(i) Annual rent shall be 2-1 2/ % ofthe premium for the first33 years, which
1. Added by Chd. Admn. Gaz. (Extra) dated 20-10-2004 at page 1155
2. Deleted by Chandigarh Administration Gaz. (Extra) dated 29-7-2005 at page 537 may be enhanced to 3-/4% of the premium for the next 33 years and to 5% ofthe premium for the remaining period of lease.
(ii) Rent shall be payable annually on the due date without any demand from the Estate Officer :
Provided that the Estate Officer may for good and sufficient reasons extend the time for payment of rent upto six months on the whole on further payment of 6% per annum interest from the due date upto the date of actual payment:
'[Provided further that if the rent for years is paid by the lessee in lump sum at the time when first year’s rent is due, the lessee shall not be required to pay rent for the remaing period of 33 years.]
(iii) If rent is not paid by the due date, the lessee shall be liable to pay a penalty not exceeding 100% of the amount due which may be imposed and recovered in the manner laid down in the Section 8 ofthe Capital of Punjab (Development and Regulation) Act, 1952 as amended by Act No. 17 of 1973.
si?
12. Execution of lease deed : -
(i) After payment of 25% premium the lessee shall execute a lease deed in the prescribed form in such manner as may be directed by the Estate Officer, within six months of the date of allotment or within such further period as the Estate Officer may for good and sufficient reasons allow.
(ii) If the lessee fails to execute a lease deed in accordance with sub clause (i) above, the Estate Officer may cancel the lease and forfeit a sum upto 25% of the premium provided that before taking action as aforesaid, the Estate Officer shall afford reasonable opportunity to the lessee of being heard.
****
13. Time within which building is to be erected.- The lessee shall com plete tile building within three years from the date of allotment in accordance with the rules regulating the erection of buildings. The time limit may be extended by the Estate Officer for good and sufficient reasons. The date of completion of building will be the date of receipt of application for permission to occupy the building accompanied by a completion certificate from the Licensed Supervisor/ qualified Architect who supervised the construction provided dial the building is also certified to have been completed according to the sanctioned plan by th© Chief Administrator.
♦*+*
14.2[ x x x ] ***• 306 Allotment of Land to Educational Institutions (Schools), etc.
on Lease-hold Basis in Chandigarh, Scheme, 1996
15. (i) The lessee will not be entitled to transfer the site or the building in any manner nor by way of general power of Attorney.
(ii) If at any later stage it is found that the allotment of site has been obtained fraudulently by furnishing false information or suppressing true facts, the allotment shall be liable to be cancelled by the Estate Officer and apart from cancellation of site the lessee shall be liable to criminal action.
****
16. The lessee shall not allow the site allotted under this Scheme to the Educational Institutions (Schools) to be used for any other purposes under any circumstances than for running the school.****
17. Notwithstanding any-thingto the contrary, the allotment of sites under this Scheme shall be subject to the provisions.ofthe Capital of Punjab (Develop ment and Regulation) Act, 1952 and the Chandigarh Lease-hold of Sites and Building Rules, 1973 and further such instruettons/orders/amendments made thereunder from time to time.
**** l[18. The Educational Societies/Instituiions (Schools)/Trusts shall be re quired lotfi) Reserve 15% seats as may be determined by the Chandigarh Adminis tration from time to time, in the schools for students belonging to economically weaker sections of the Society and the fee charged from those students shall be nominal preferably the same as is charged from students ofa Government institu tions. Provided that if for certain reasons schools are unable to fill up these 15% scats reserved for economically weaker sections in any academic year, the same shall be brought to the notice of the Chandigarh Administration and the concur rence of tlie Competent Authority shall be obtained with reasons to be recorded in writing for reducing/condoning this reservation for that particular academic year.
(ii) Follow instructions/guidelincs/directions issued by the Chandigarh Ad ministration from time to time regarding fee structure and Admission procedure etc. _ '■
(iii) Appoint qualified teacher/other Ministerial staff and pay them the sala ries as is required to be paid in an aided school in the Union Territory, Chandigarh.]
****
19. Registration and Stamp Duly.- Registration of the lease is compul sory. The lessee shall bear and pay expenses in respect of the execution and registration fee payable thereof, in accordance with the law in force at the time of execution and registration, **** . L 2[2O. Relaxation - The Administration, Union Territory, Chandigarh may relax all or any of the provisions of this scheme, for. reasons to be recorded in writing in public interest and in exceptional circumstances.]
1. Substituted by Chandigarh Administration Gaz. (Extra) dated 29-7-2005 at page 537
2. Added by Chd. Admn. Gaz. (lixfra) dated 20-12-2001 at page 2177 'Licensing of Tenements and Sites and Services in Chandigarh Scheme, 1979 No. 5917-UTFI (5) 79/12564. Whereas the Chandigarh Administration have taken up an intensive programme of housing and rehabilitation of economi cally weaker sections of society living in slum conditions in the Labour Colonies and other parts of Chandigarh, by resettling them in low cost tenements and sites and Services Complexes so as to provide them better civil conditions and hygienic surroundings.
AND, whereas a large number of such families have already been so reha bilitated under the Chandigarh Licensing of Tenements and Transit Sites in Chandigarh Scheme, 1975, and the implementation ofthe Scheme aforesaid has brought forth some practical aspects of rehabilitation requirements and problems;
AND whereas alternative residential sites and services as also tenements have been developed and built, or are proposed to be developed and built for the purposes aforesaid through the Chandigarh Housing Board or otherwise;
AND, whereas it is in the publie interest to lay down a procedure to regulate the allotment and licensing ofthe tenements and sites mentioned above;
NOW, therefore, with a view to preventing all avoidable hardship and to expedite the work of rehabilitation of slum-dwellers, and in order to improve the dwelling conditions ofsuch persons, the Chief Commissioner Chandigarh is pleased to make the following Scheme for the allotment of low cost tenements and sites in the Sites and Service Complexs and Transit Sites : ’*
1. This scheme may be called the “Licensing of Tenements and Sites and Services in Chandigarh Scheme, 1979”.
2. It applies to all persons living in Chandigarh who fulfil the conditions laid hereunder and shall come into force at once.
3. In this scheme, unless the context otherwise requires : - All words and expressions used in the scheme but not defined hereunder shall have the mcaningattachcd thereto in the Capital of Punjab (Development and Regulations) Act, 1952, or rules made thereunder.
(a) “Allotment” means the licensing on behalf of President of India of !Ta tenement in a multi-3torcycd flat] as the case may be, in favour of any person on the terms and conditions mentioned in these rules and such other terms and conditions as the competent authority may impose in this behalf from time to time, with prior approval ofthe Govcrhmcnt.
(b) “Competent authority” means the Estate Officer, appointed undei the Capital of Punjab (Development and Regulations) Act, 1952, the Deputy Chief Administrator, Union Territory, Chandigarh or anyoilier officer appointed by the Government as competent authority under this scheme. .
Jt(c) “Family Unit” means a family consisting of a person, his spouse, children and other relative dependent upon and residing with him and it includes earning sons and daughters. Married or earning son above
1. Published In Chd. Administration Gnz. {Extra) doted 24*8-1979 of page 333
2. Substituted by Ch.indigurti Administration Gaz. (Extra) dated 6-1-2000
3. Substituted by Notification No. 18 (JTH(5)-S0/2540 tinted 21-2-1980 at page 66 [307] 308 Licensing of Tenements and Sites and Services in Chd. Scheme, 1979 the age of twenty-one, shall be considered as a separate family unit provided that such a person is living in a separate jhuggi.]
(d) “Income” means the monthly earn ing of a person or of a fam ily un it, as the case may be, from all sources.
1 [(e) “Labour Colony” means all houses, huts, covered structures and open sites in any part of the Union Territory Chandigarh, where there is human habitation in undeveloped and unplanned manner such as jhuggies and other structures on the land belonging to Govern mentor on the land for which Notification under Sections 4 or 6 of the Land Acquisition Act, 1894 have been issued.]
(f) “License” means a license in form “C” appended to this Scheme.
(g) “Recognised Resident” means : -
(i) a bona fide resident of a Labour Colony since 1971 whose income does not exceed Rs. 500/-; or
(ii) a bona fide resident of a Labour Colony since 1974 whose monthly family income is above Rs. 350/- but below Rs. 500/-.
![(iii) of abona fide Icssec/squatter of erstwhile Bajwara or any part thereof, whose monthly income docs not exceed Rs. 500/-] ’[(h) Site means a flat in the multi-storeyed flats to be constructed at various identified locations in the Union Territory, Chandigarh under this Scheme.
(i) Tenements means a low cost flat in the multi-storeyed structure to be constructed at various identified locations in Union Territory, Chandigarh.]
****
4. (1) The competent authority may prepare a phased plan for clearing the Labour Colonies of all residents according to the anticipated availabi lity of alter native tenements/sites and may implement such plan in accordance with the pro visions of this Scheme.
(2) Before implementing the plan mentioned in sub rule (I), the competent authority shall terminate all subsisting leases in Labour Colonics by serving the lessees with 15 days clear notice pending with the expiry of the month of tenancy.
(3) A general notice of at least ’[21] days shall be given by the competent authority, before the residents of the Labour Colony arc required to vacate the colony or part thereof.
(4) The notice shall be published in such manner as the competent authority may deem fit and also by beat of drum in the area concerned.
5-(l) Within fifteen days of the publication of the notice under rule 4 (3) above, all persons eligible for allotment under th scheme shall submit to the com petent authority an application in form “A” duly filled in and signed by the appli cant along with an affidavit duly attested by an Oath Commissioner or a Magis trate of the 1st Class affirming all facts showing that the applicant is entitled to the grant of a licence in respect of’[a tenement in a multi-storcycd flat] under this Scheme.
„ (2) The Competent Authority shall supply on demand application forms in form “A” free of cost.
1. Substituted bv Notification published in Chd. Administration Gaz. (Extra) dated 9-10-1982
2. Added bv Notification No. 3684-UTFI(5)-84/I40l7 dated 23-8-1984
3. Substituted by Chd. Administration Notification No. I ,/^'06-UTFI(2)-99/(22 dated 6-1-2000
4. Substituted by Chd. Administration Notification No.4476-UTFI(5)-97/22033 dated 9-12-1997 Licensing of Tenements and Sites and Services in Chd. Scheme, 1979 309
(3) For goo'd and sufficient reasons, the Competent Authority may entertain an application after the expiry ofthe period of 15 days. All incomplete applications shall be liable to be rejected summarily.
(4) All applications which are complete shall be entered in a register to be maintained by the Competent Authority.
(5) Subject to the conditions laid down in this Scheme, the Competent au thority shall allot on license basis tencmcnts/sitcs by draw of lots:
Provided that the competent authority may in order to ensure community living of an individual or of a group of persons, allot tenements/sites otherwise than by draw of lots, and the allotments so made shall be deemed to have been made in accordance with this Scheme.
6. (1) The Competent authority may fix time and date for the actual shifting ofthe residentsof a Labour Colony and notice thereof shall be published by him in such manner as he may deem fit.
(2) Every resident of the Labour Colony shall be bound to vacate the same during the time and date specified by the Competent Authority whether or not an alternative site has been al lotted to him.
(3) AH residents of a Labour Colony shall be entitled to remove their belong ings and the super structure at their own expense within the period prescribed for vacating the Colony and any person who fails to vacate the Labour Colony during the time and on the date specified in this behalf, shall bo liable to be removed in accordance with the process of law.
7. (1) With respect to every block of a labour colony selected for clearance, allotment of '[a tenement in a multi-storeyed flat] as the case may be, shall be made as under: -
(i) A family unit shall be entitled to one tenement/sitc as the case may be, provided they fulfil all the conditions under this scheme.
(ii) A family unit of a recognised resident shall be entitled to allotment of a tenement provided he fulfils all the conditions laid down under this scheme.
(iii) A person who owns more than one house in any ofthe Labour Colonies in his own name or in the name of any dependent member of his family, shall be entitled to the allotment of only one tenement or presidential site] as the case may be, under this Scheme.
3[(iv) AU persons whose names appear in any of the voters list between 1990 and the date of election of Municipal Corporation i.e. 8th December, 1996 and proved to be continuous bona fide resident from the date of entry in the said electoral list till date, shall be eligible for rehabilitation:]
'[Provided that migrants whose names do not figure in the Electoral Rolls as on Sth December, 1996, will not be eligible for rehabilitation in the Union Territory, Chandigarh, and unauthorised encroachments/construction made by them shall be removed in accordance with the law.]
COMMENTS Alternative allotment-A person in unauthorised occupation of suit land cannot claim allotment of alternative site before dispossession - SumanDevi k Union Territory Administration, Chandigarh, 2002 HRR 80 2[8.12-'/,% ofthe commercial sites to be created under this scheme will be reserved for the members of the Scheduled Castes and Scheduled Tribes. The
1. Substituted by Chd. Administration Notification No. I l/fi/I06-UTFI(2>99/l22 dated 6-1-2000
2. Substituted by Chd. Administration Notification dated I-I L 1983 nt page 58
3. Substituted by Chd. Administration Notification dated 7-11-2000 310 Licensing of Tenements and Sites and Services in Chd. Scheme, 1979 members belonging to Scheduled Castes and Scheduled Tribes will be eligible for allotment of commercial sites if they are not residents of the labour colonies pro vided that there is a short fall of the applicants in this category.]*++* '[9. Notwithstanding anything contained in the Scheme, no person shall be eligible for allotment of a tenement unless he fulfills the following conditions
(a) The applicant must himself be residing intheculony. Mere ownership, unless accompanied by actual physical possession of a building, but Structureor covered site shall not be sufficient to make a person eligible for alternate allotment.
(b) There arc no arrears of rent outstanding against such person in respect of the existing license, if any.
(c) The lease/1 icensc in his favour has not been terminated except under this scheme.
(d) Already deleted.
(e) The person does notown whether on free-bold or lease-hold basis, a residential/commemial site/building in the Union Territory, Chandigarh, cither In his own name or in the name of any member of his family dependent on him.]
COMMENTS Allotment cancellation - As per conditions of allotment original allottee could not sublet or part with the possession of transit site to anybody else-These allottees who sold their properties to other even without paying even a single penny of lease money they have foi feited their right of transit site - Order of cancellation of allotment upheld - Balwlnder Singh v. Union Territory, Chandigarh Administration, Chandigarh, 2012(1) Haryana Law Reporter209 D.B.
*+++
10. (1) The licence of the site will be initially for a period of five years.
’[Provided that the Licensee shall construct a toilet on the site within 3 months of the allotment. The Competent Authority may grant an extension of one month on paymen t of a fee of Rs. 100 :
Provided further that superstructure on the site shall be constructed within a period of 9 months from the date of allotment. The Competent Authority may grant an extension of 3 months on payment of lee of Rs. 500 per month.]
(2) The period of licence may he extended for such further period of five years each by the competent authority in accordance with the general or special orders of the ■‘[Advisor tu the Administrator, Union Territory, Chandigarh].
5[10-A. Notwithstanding anything contained in this Scheme, bare sites may be allotted on hire-purchase basis to the persons who have settled in the labour colonies unauthoriscdly during the period of six months preceding the 31st March, 1980 on a price to be determined by the Chandigarh Administration.]***♦
1. Substituted by Chd. Administration Notification No. 1 Wl0t>-UTFl(2)-99/122 dated 6-1-2000
2. Added by Chd. Administration Notification No.4476-UTFI(5>97/22033 dated 9-12-1997
3. Substituted by Chd. Administration Notification Nt>.4476-UTFr(5)-97/22033 dared 9-12-1997
4. Deleted by Chd. Administration Notification No.4476-UTFr(5)-97/22033 dated 9-12-1997
5. Added by Chd. Administration Gaz. (Extra) dated 23rd/23lh August 1980 page 290 Licensing of Tenements and Sites and Services in Chd. Scheme, 1979 311 i
11. The competent authority shall execute a licence deed in favour ofthe allottee in form<(B”. **** '[12- The licensee shall be entitled to vest his interest in the multi-storeyed flat in order to secure a loan from any of the Banks or Financial Institutions.]
**** *[13.
14.
15.
16]
17. Every allottee shall submit to the competent authority a deed of license in form "B” or “C” (as may be applicable) appended to this scheme duly signed by him and on a non-judicial stamp paper of Rs. 2.25.
18. (1) Every licensee shall maintain a pass-book in form “D” to be issued by the competent authority.
(2) Tiie pass-book shall contain a group-photograph of the licensee and all other members ofthe family unit, indicating the name, age, occupation and rela tionship with the licensee.
(3) In addition to the registers to be prescribed by the competent authority from time to time, all payments made in respect of ’[a tenement in a multi-sto reyed flat] as the case may be, shall be duly entered in the pass- book together with the dale on which such payments arc received and all such payments are received and all such payments shall be duly acknowledged under signatures of the official authorised to receive the payment.
(4) In the event of the pass-book being lost or spoiled, the licensee shall be entitled to a duplicate pass book on payment of a fee of Rs. 5/-. The licensee shall be liable to provide the necessary photograph for preparation of a duplicate pass book.
(5) Any change in composition of the family unit shall be intimated to the competent authority in form“E” as soon as possible and in any case within fifteen days of the occurrence of such a change.
(6) If a licensee fails to intimate any change in the family unit within the prescribed period, it will be presumed that such additional member is not a mem ber of the family of the licensee for the purposes of these rules.
19. (1) Subject to the provisions of sub-rule (2) of the rule, every licensee of 1 [a tenement in a multi-storeyed flat] shall pay every month in advance such license fee as may be prescribed by the Chief Administrator. The 1 icence fee phall be subject to revision at the time of renewal of the license, provided the total increase in the license fee shall not be more than 25 per cent of the existing fee.
(2) If lhe license fee is paid by the 10th day of the month the licensee shall be entitled to a rebate of Rs. 5/-.
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20. (1) In addition to the license fee prescribed under the preceding rule, the licensee, whether of :[a tenement in a multi-storeyed flat], shall pay water and electricity charges at such rates as may from time to time, be determined by the Chief Engineer, Union Territory, Chandigarii. .
1. Substituted by Chd. Administration Notification No. ll/6/IO6-UTFJ(2)-99/122 dated 6-1-2000
2. Deleted by Chd. Administration Notification No- I l/6/106-UTFl(2)-99/l22 dated 6-1-2000 312 Licensing of Tenements and Sites and Services in Chd. Scheme, 1979
(2) The Competent Authority may revoke any licence if any licensee com mits default in the payment of water or electricity charges for a period of thirty days from the receipt of notice of demand in writing.
(3) Such notices shall be served by delivering the same to the defaulter in person or any adult member of his family. If it is not possible to serve the notice personally, the notice shall be deemed to have been validly served if it is affixed at the outer door or any other conspicuous place on or near '[a tenement in a multi storeyed flat], as the case may be.
21. The licensee shall not make any additions or alterations in the tenement allotted under the scheme. ***+
22. The tenement shall be used exclusively for residential purposes and for no other purpose.
****
23. The licensee shall conform to the provisions of the Capital of Punjab (Development and Regulations) Act, 1952, and the rules made thereunder.
*♦**
24. The licensee shall not sublet, assign or otherwise part with possession of 1 [a tenement in a multi-storeyed flat] as the case may be.
***»
25. *[—] ****
26. The allotment in respect of1 2 3 [a tenement in a multi-storeyed flat], as the case may be, shall stand automatically revoked in the event of contravention of any of the terms or conditions of allotment,
1. Substituted by Chd, Administration Notification No. 11/6/106-UTFl(2)-99/122 dated 6-1-2000
2. Deleted by Chd. Administration Notification No. 1 l/6/I06-UTH(2)-99/!22 dated 6-1-2000
3. Added by Chd. Administration Gaz, Notification No. 44764JTFI(5)-97/22033 dated 9-12-1997 ++**
27. (I) The competent authority shall cancel the allotment of site/tenement if it is found : -
(i) that the allotment has been obtained in respect of’[a tenement in a multi-storeyed flat] by supplying false information by suppressing true facts :
Provided that no licence shall be cancelled on this ground unless the licensee is given an opportunity of being heard;
(ii) if the licensee fails to vacate the labour colony by the date and time prescribed in this behalf under this scheme ;
(iii) if the allottee fails to deposit licence fee in spite of the service of notice of demand fora period of three months, whether consecutively or otherwise:
(iv) if the allottee acquires any land/building cither in his name or in the names of any member of his family dependent on him, whether on frec-hold or leasehold basis in the Union Territory of Chandigarh.
1 [(v) that the allottee has failed to comply with the provisions of provisos to sub-para (1) of para 10, regarding construction of toilet or superstructure.]
(2) Licence in respect of a site may also be cancelled if : - Licensing of Tenements and Sites and Services in Chd. Scheme, 1979 313
(a) the licensee is offered a tenement and he fails to occupy the same within 15 days of such offer:
(b) he contravenes the provisions of Punjab Capital (Development and Regulations) Building Rules, 1952 in putting up atemporaiy building;
(c) he unauthorised ly occupies in the Union Territory of Chandigarh any land belonging to the Government other than that allotted under this scheme.
28. (1) Any person feeling aggrieved by any order passed by the competent authority under this scheme, shall be entitled to file an appeal to the Chief Administrator.
(2) Appeal shall be filed within 30 days from the date of communication of the impugned order.
(3) The Chief Administrator may, for good and sufficient reasons, entertain an appeal filed beyond the period of limitation provided under sub-rule (2).
(4) The Chief Administrator may confirm, vary or reverse the order ap pealed against and may pass such orders as he may deem fit.
(5) Order passed in appeal by the Chief Administrator shall be final.
29. ■[—] *•**
30. (1) Notwithstanding anything contained in this scheme, the ’[Advisor to the Administrator, Union Territory, Chandigarh], may on compassionate grounds in case of extreme hardship, allot J[a tenement in a multi-storcycd flat] to any person who is not a recognised resident or a bona fide resident of a labour colony.
(2) The ’[Advisor to the Administrator, Union Territory, Chandigarh], may allot land to any educational, cultural or a religious institution, under this scheme on such license fee and subject to such terms and conditions as he may determine.
31. The Chief Administrator may with the previous approval ofthe Admin istrator, issue such orders, instructions or directions as may be necessary for the implementation ofthe scheme in the best interest of the beneficiaries.
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32. Any allotment made or any order passed by the competent authority mder the Licensing of Tenements and Transit Sites in Chandigarh Scheme, 1976, .hall, in so far as it is consistent with the provisions of this scheme, be deemed to >e valid and effective as if such allotment or action was done or taken under this Jcheme.
33. The Chandigarh Licensing orTenements and Transit Sites In Chandi- ;arh Scheme, 1975 as amended from time to time, is hereby repealed.
. Deleted by Chd. Administration Notification No. 1 l/6/106-UTFf(2)-99/122 dated 6-1-2000 . Substituted by Chd. Administration Notification No.'M76-UTFK5)-97/22033 dated 9-12-1997 . Substituted by Chd. Administration Notification No. 11/6/IO6-UrEJ(2)-99/l22 dated 6.1-2000 314 Licensing of Tenements and Sites and Services in Chd. Scheme, 1979 FORM “A” [See Rule 5 (1)] Application for obtaining licence of a tenement site To The Competent Authority, under die Licensing uf Tenements and Sites and Services in Chandigarh Scheme, 1979, Chandigarh Administration, Chandigarh.
Sir, I....... ,.........son/daughtcr/wife/widow of......................request that I may be granted a licence of a tenement site in Chandigarh.
2. I agree to pay the licence fee at the rates and in the manner prescribed under the Licensing ofTenernent and Sitesand Services in Chandigarh SCIicmc,
1979.
3. lam eligible for the grant of a licence for a tenement/site under the said scheme.
4. Detailed particulars are given hereunder: -
(1) Name in Block letters. .
(2) Fathci ’s/Husband’s name.
(3) Present Address.
(4) Number of family members and their relationship with the applicant..
Their names, age and occupation.
(5) Particular s of the last lease : -
(a) Name.
(b) Number of the premises.
(c) Monthly rent payable.
(d) Whether rent paid is up-to-date ?
(6) Date from when residing in the Labour Colony. In support of thia, give ration card number or/and any other evidence.
(7) Whether application being made is within time. Yes/No. If not, reasons far delay.
5. Whether the applicant himself/actually resides in the labour colony ?
6. What is the monthly income of the family unit from all sources ?
7. Whether the applicant owns more than one house/structure in the Labour Colonies; if so, particulars thereof may be given ?
8.1 shall vacate the labour colony during the time and on the date specified in this behalf by the Competent Authority.
9. My licence may be revoked in caseof breach of any of the conditions for the grant of the licence.
10. It is certified that I do not own, either on free hold or lease hold basis, a residential/commerclal slte/bullding in Chandigarh in my own name or in the name of any member of family dependent on me.
11.1 have removed/shall remove building/structure at my own expense be fore the date fixed by the Competent Authority.
12. It is certified that I have been actually residing in the Labour colony since.
315Licensing of Tenements and Sites and Services in Chd. Scheme, 1979
13.1 enclose herewith an affidavit duly attested by a Magistrate 1st Class/ Oath Commissioner affirming all facts stated above and also indicating thar the applicant is entitled to the grant of a licence in respect oftencment/site as the case may be under the Scheme.
14. A group photograph of the licensee and all other members of the family is enclosed.
Dated........... - ■ • Yours faithfully Signature of the Applicant (Address for Correspondence) FORM “B” (.See Rulo 17) (Non-Judicial Stamp of Rs. 2.25) Deed of Licence.
LICENCE is hereby granted by------- -—-——-—to----- -—--------- to occupy a tenement described and detailed in the schedule annexed hereto situ ated in Sector----- -—-— ------- —, Chandigarh, on the following terms and condi tions : -
1. That the licensee shall pay every month in advance a licence fee of Rs.— ------———“without demandl
2. If licence fee is uaid by the 1 Oth day of the month to which it relates, the licensee shall Be entit led to a rebate of Rs. 5 in the payment of licence fee.
3. The licensee shall not make any additions and/or alterations in the tenement allotted to him.
4. The tenement shall be used exclusively for residential purpose and for no other purpose.
5. The licensee shall not sublet, assign or otherwise part with possession of the tenement,
6. The licence in respect ofthe tenement shall stand automatically revoked in the event of contravention of any ofthe terms and conditions of this licence deed.
7. (i) The licensee shall be hound by the terms ond conditions of the LicensingofTcneiuciits and Sites and Services in Chandigarh Scheme,
1979.
(ii) 1’he licensee shall in addition abide by rhe provisions of the Capital of Punjab (Development and Regulation) Act, 1952, and the rules made thereunder.
8. If it is found that licence has been obtained in respect of a tenement by furnishing false information or suppressing true facts, the licence shall be liable to be cancelled by the Competent Authority, The licence shall not be cancelled on this ground unless the licensee is given an opportunity of being heard.
316 Licensing of Tenements and Sites and Services in Chd. Scheme, 1979
9. The allotment of a tenement shall also be liable to cancelled if the licensee fails to vacate the Labour Colony by the date and time prescribed in this behalf by the Competent Authority.
10. The licensee shall keep the tenement in a clean and sanitary condition and shall pay the cost of making good any damage thereto, or to adjacent tenement caused by negligence or misuse of the premises, IN WITNESS whereof the licensee, the said---------------------------and the licenser, the said—--------- ------------- HAVE hereunto signed at----------------------- ~~this the--------------------------- day of--------------------------- in the. year------------- Witnesses:— Licensee 1,—----- —
2.----------------- ——■ Licensor JeJr-Jr Jf FORM HC” (See Rule 17) (Non Judicial Stamp of Rj>. 2.25) Deed of Licence , LICENCE is hereby granted by...............to............... to occupy a site de scribed and detailed in the schedule annexed hereto, situated in Sector........ ......
Chandigarh, on the following terms and conditions! - L The licensee shall pay in advance without demand a licence fee of Rs.......... ............. per month by the 10th day of every month.
2. The site shall be used exclusively for residential purpose and for no other purpose.
3. The licensee shall not sublet, assign or otherwise part with possession / ofthe site.
4. The license® shall he entitled to erect temporaiy building as defined in :
rule 2 (Ii) ofthe Punjab Capital (Development and Regulation) Bui Iding ;
Rules, 1952, in his own expense. ;
5. The licence shall stand automatically revoked in the event of ;
contravention of any ofthe terms and conditions of th is licence deed. <
6. The licensee shall be bound by the terms and conditions ofthe Licensing I of Tenements and Sites and Services in Chandigarh Scheme, 1979. |
7. The licensee shall In addition abide by the provisions ofthe Capital of j Punjab (Development and Regulation) Act, 1952, and the rules made | thereunder. |
8. If it is found that licence has heen obtained in respect of the site by | furnishing false information or suppressing true facts, the licence shall | be liable to be cancelled by the Competent Authority. The licence I shall not be cancelled on this ground unless the licensee is given an .^.opportunity of beingheanJ.
9. The allotment of a site shall be liable to be cancelled if the licensee fails to vacate the labour colony by the date and time prescribed in this behalf by the Competent Authority.
10. The licensee shall keep the site and the structure built thereon in a clean and sanitary condition and shall pay the cost of making good and damage to the site, or to adjacent site caused by the negligence or misuse ofthe premises.
317Licensing of Tenements and Sites and Services in Chd. Scheme, 1979 IN WITNESS whereof the licensee, the said and the licensor, the said------- -------------- ——have hereunto signed at--------------------- ------this the----------------- ----- —day of------------------ : in the year----------------------------- Witnesses : - Licensee.
1.---------------------------
2.---------------- ---------- Licensor *** FORM “D” (See Rule 18) PASSBOOK GROUP PHOTOGRAPH No. of pass book----------------------------------—
1. Group photograph of licensee and the family unit.
2. Number of family members, their names, age, occupation and---------- re lationship with the licensee. —-------------------------
3. (i) No. and floor of tenement.
(ii) Date of commencement of license.
(iii) Rate of licence fee per month.
(iv) Name and Particulars of person primarily liable to pay license fee.
Amount paid Balance due Name and Date Last balanceduo in figures ---------------- from licensee in words upto I Oth day of the next calander month designation of official receiv ing payment I 2 3 4 5 6
4. Signature/Thumb-imprcssion of the licensee. Issuing Authority *** FORM “EM [See Rule 18(5}] Intimation regarding change in the family unit The Licensee hereby intimates the following addition/subtraction in the fam ily unit:- The addition/subtraction has occurred dueto birth/marriage/adoption/death/ separation.
The following proof is enclosed:
Dated : (Licensee)***