The lessee shall complete the 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 Competent Authority for good and sufficient reasons. The date of comple tion of building will be the date of receipt of application for permission to occupy the building accompanied by a completion certificate from the Licensed Supervi sor/ Qualified Architect who supervised the construction provided that the build-, ing is also certified to have been completed according to the sanctioned plan by the Chief Administrator.
12. The application for allotment of land for (a) house, (b) setting up busi ness, (c) setting up of Special Recreation Centres, (d) establishment of special schools; (e) establishment of Research Centres, (f) establishment of factories by entrepreneurs with disabilities, as mentioned in para 6, shall be made to the Com petent Authority, Chandigarh in Form ‘A’ appended to this scheme and within such time as may be prescribed in this behalf.
362 Chd. Allotment of land to the Persons with Disabilities Scheme, 2001
13. The allotment letter shall be issued by the Competent Authority in the prescribed form ‘B’ appended to this Scheme.
14. In case of any default in payment or any due accrued on account of instalment of premium or lease money, the allotment shall be liable to be cancelled and the site to be resumed.
15. The allotment of land under this scheme shall be made to the eligible applicants (if the number of applicants would be more than the reserved number of sites) by draw of lots.
16. The lessee shall not assign his/her right in the lease and shall not sublet, transfer or otherwise part with the possession in any manner ofthe land or any part thereof. Partnership in the said land shall be construed as sub-letting.
17. The lessee shall not keep or store empty packages cases or basket or goods or any other material on the road or projection ofthe land or in the open space around his land.
18. The lessee shall abide by the provision of the Capital of Punjab (Devel opment and Regulation) Act, 1952, and the rules framed thereunder from time to time as also conditions for the purpose contained in the allotment letter.
19. After payment of 25% of the premium, the lessee shall execute a lease deed within a period of 6 months from the date of issue of allotment letter or within extended period as the Competent Authority, may for good and sufficient reason, permit and get the same registered with the Registrar, U.T., Chandigarh.
20. The lessee shall bear and pay all expenses in respect of execution and registration ofthe lease deed including the stamp duty and registration fee payable thereupon in accordance with law in force at the time of execution and registra tion,
21. In case any instalment of premium is not paid by the lessee by the I Oth ofthe following month on which it falls due, a notice shall be served on the lessee calling upon him/her to pay his instalment within 15 days together with penalty which may extend to 10% of the instalment payable, if the payment is not made within said period or within the extended period as may be decided by the Compe tent Authority but not exceeding two months in all from the date on which the instalment fell due, the Competent Authority can cancel the lease and shall re cover outstanding amount as the arrears of land revenue provided that no order cancelling the lease deed shall be passed unless the lessee has been granted rea sonable opportunity of being heard.
22. (1) Any person aggrieved by any order passed by the Competent Au thority under the Scheme shall be entitled to file an appeal before the Chief Ad ministrator, Chandigarh, within 30 days from the date of communication ofthe impugned order:
Provided that the Chief Administrator may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) The Chief Administrator, after hearing the appeal, may confirm, vary or revise the order appealed from and may pass such orders as he may deem fit.
(3) Any person aggrieved by the order of the Chief Administrator, may file the revision petition before the Advisor to the Administrator, U.T., Chandigarh, within 30 days from the date of communication of such orders. The order passed in revision petition by the Advisor to the Administrator shall be final.
23. The Competent Authority may issue such orders, instructions, directions from time to time which it considers necessary for the achievement of the objec tives of this scheme.
***♦
363Chd. Allotment ofjand to the Persons with Disabilities Scheme, 2001 FORM A Application for allotment of land of lease-hold basis at Chandigarh, under the Chandigarh Allotment of land to the person with Disabilities Scheme, 2001 To The Estate Officer/(Com petent Authority), Chandigarh Administration, Chandigarh.
Sir, I,..............son/daughter/wife/widowof..............(in Block letters)........ request that I may be allotted a Institutional/ Corntncrcial/Industrial site of............sq.
yards............marlas size in Chandigarh on lease hold basis.
I agree to pay the premium @ Rs......per sq. yard in the manner prescribed by the Chandigarh Administration, as also the ground rent of the rate of 2-* 1/ % of the premium every year for the first 33 years and thereafter, if the Chandigarh Administration so decides, at the enhanced rate of 3-V4% of the premium for the next 33 years and @ 5% of the premium for the remaining 33 years of the lease period and thereafter on such terms as the Governor may decide.
1, enclose herewith a demand draft No........dated..........for the amount of Rs.... equivalent to 10% of the premium of the site building to be obtained on lease hold basis as earnest money, payable to the Estate Officer, Chandigarh Adminis tration, Chandigarh, and drawn on.......Bank at Chandigarh.
I enclose herewith an affidavit in respect of the foilowing:-
(a) That I shall not sell/transfer/mortgage or alienate in any other manner, my rights in the site or building constructed thereon until the payment of full pre mium and rent due under the lease upto the date or a period of 15 years from the date of allotment whichever is later.
(b) That I do not own either in my name or in the name of my wife/husband or any dependent member of my family any site or building in Chandigarh.
(c) That 1 shall be bound by the terms and conditions of the Chandigarh Lease Hold of Sites and Building Rules, 1973.
DECLARATION
1.1,.......son/wife/daughtcr of Shri.............solemnly declare that the above information is true to my knowledge and belief and nothing has been concealed.
2.1 do not understand in clear terms that in case, the information made available by me or any part thereof is found to be false, the allotment made in my favour shall be Hable to cancelled and in the event of cancellation I shall have no claim whatsoever for damages, etc. against the Central Government or the Chandigarh Administration on his account.
3.1 ............the above named, hereby declare that I have carefully read and understood the terms and conditions of the Chandigarh Lease Hold of Sites and Building Rules, 1973 as also the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, as amended up to the date and rules framed thereun der and do hereby agree to abide by them.
I am eligible for allotment of a site on lease hold basis in my capacity as under (specify whether oustee, Government, resident of Chandigarh etc.)
Particulars of the plot applied for:- Sector Area in Sq. yards No. of site/sites 364 Chd. Allotment of land to the Persons with Disabilities Scheme, 2001
4.1 agree/do not agree that in the event ofthe site being not allotted to me in the first draw, my earnest money may be retained by the Chandigarh Administra tion and my name may be kept on the waiting list for allotment in the subsequent draw/draws. I shall not claim any interest on die earnest money remitted to the Government.
Yours faithfully, Dated: (Signatures of the applicant) Addresses for Correspondence.
£££ £ FORM B UNIONTERRITORY CHANDIGARH ADMINISTRATION No. Rchris/LA Dated Subject: Allotment of land on lease hold basis under the Chandigarh Allotment of Land to the Persons, with Disabilities, Scheme, 2001.
MEMORANDUM
1. Reference your application dated for allotment of land.
• 2. A built up booth details whereof are given below is hereby al lotted to you on lease hold basis on the terms and conditions mentioned hereinafter:
Sector Sr.No. of Area in Sq. yards Premium Yearly rent for Trade booth and dimensions first 33 years
3. The lease shall be governed by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, and rules made thereunder.
4. (a) The amount of Rs.....(Rupees....only) paid by you has been adjusted towards the premium. The lessee shall deposit remaining 15 percent of premium within 15 days of receipt of allotment letter to complete 25 percent of the pre mium, failing which allotment of booth shall be deemed to be cancelled.
(b) The lease shall be deemed to have commenced from the date of allot ment. In case, it is intended to pay the premium in instalments the premium to gether with interest thereon of 7 percent per an num shall be payable in 2/6 monthly instalments, the first instalment being payable before the 10th of the following month from the date of allotment. However, no interest shall be payable if the said 75 percent balance of the premium is paid in full within 30 days of the date of allotment.
5. The following shall be the schedule of payment of instalments of the premium:- Numberof Due date of Date on which Amount of equated instalinstalmcnt payment payment shall ment including interest be made
365Chd. Allotment of land to the Persons with Disabilities Scheme, 2001 t 1st Instalment 2nd Instalment 3rd Instalment Ground rent annually for the first 33 years In case of failure to pay the premium Of land or amount due in arrears and ground rent of the due, the interest at the rate of......... shall be charged foi the delayed period.
6. Each instalment shall be remitted to the Estate Officer whether in cash or by demand draft payable to the Estate Officer and drawn on any Scheduled Bank situated at Chandigarh. Payment by cheque shall not be accepted.
7. In the event of non-payment of premium or rent by the 10th of the month following the month in which it falls due ur such extended period as may be al lowed but not exceeding six months in all from the date on which the instalment was originally due, a notice shall be issued to show cause why the lease may not be cancelled and the site resumed and the amount already paid forfeited to the Government.
After considering the cause, if any, shown by the lessee, in pursuance ofthe aforesaid notice, the Estate Officer may either allow payment of instalment/rent with penalty which may extend to 100% of die allotment due or order cancellation of lease and forfeit the wholc/part of the amount already paid.
8. (a) The built-up booth lias been given to you on lease hold basis for 99 years in the first instance. After the expiry of this period, the lease may be re newed on such terms and conditions as the Government may decide. In addition to the premium mentioned in para 2 above, rent at the rate of 2-1/2% of the premium for the first 33 years shall be payable every year which shall be raised to 3-3/4% of the premium for the next 33 years and to 5% ofthe premium for the remaining 33 years of the lease period.
(b) The rent shall start accruing from the date of allotment. The first instal ment being due after the expiry of one year from the date of allotment and shall be payable by the 1 Oth day of the month in which it falls due.
9. You shall have to execute a lease deed within six months from the date of allotment in the prescribed proforma in such manner as may be directed by the Estate Officer. The stamp duty leviable would be according to prevalent rates and all other expenses in respect ofthe execution/registration of lease deed shall be borne by you. The lease deed on non.judicial papers is to be got typed in triplicate keeping the carbon copies on judicial papers. The rcvcrac page ofthe Non Judi cial Stamp Paper is to be left blank.
10. A letter authorising you to take possession of tlie built up booth leased to you is enclosed.
11. The lessee will not be entitled to transfer the building without the prior permission ofthe Competent Authority for a period of 10 ycara. Such permission shall not be given until the lessee has paid the full premium and the rent due under the lease of the booth unless in the opinion of the Competent Authority excep tional circumstances exists for the grant of such permission.
In case of transfer 50 percent of the un-cariied increase in the value. (i.c.
the difference between the premium paid and die market value) ofthe building at the time of transfer shall be paid to Government before registering such sale or transfer. The market value ofthe property for this purpose shall be assessed by the Estate Officer or such other authority as may be prescribed by the Adminis- 366 Chd. Allotment of land to the Persons with Disabilities Scheme, 2001 tration Union Territory, Chandigarh. The lessee shall be entitled to produce his evidence and of being heard. The decision of the Estate Officer or the prescribed authority shall be final and binding on the lessee.
12. No fragmentation or amalgamation of building shall be permitted.
13. You shall pay all fee or taxes, which may be levied or assessed on the building under any law.
14. The allotted land under the said scheme shall be used only for the pur pose for which it has been leased.
15. In (he event of the default, breach of non-compliance of any of the conditions of lease, the lease may be cancelled and the booth resumed and the whole/part amount paid to Government towards the premium/rent of the built-up booth may be forfeited to the Government.
16. A booklet containing the Punjab Capital (Development and Regulation) Building Rules, 1952, the Chandigarh Lease Hold of Sites and Building Rules, 1973 can be had on payment from this office.
17. In all correspondence on the subject, you should quote file number, which is................. in your ease in order to facilitate early attendance to your correspon dence. Payment of premium rent will be deemed to have been made only on the date when necessary particulars are supplied to the Competent Authority in writ ing.
18. The right of use of side wall ofthe end build upbooth including right of display of advertisement and the benefits derived therefrom shall vest in the Gov ernment. The lessee shall not fix any posters, hand bills on any part of the building/ verandah, or shall allow any other person to do the same.
19. You shall not be allowed to store empty packing cases boxes etc. or likewise material on the roof of the building or on the open spaces around it.
20. The covered (verandah) in front or on the side ofthe built up booth shall not be encroached upon or used for any purposes other than public passage. The lessee shall neither park cyclc/scooters of other vehicles in the verandah nor al low the parking of the same by another person.
21. Water connection in the allotted land will not be allowed,
22. In the case of building leased for “General Trade” the trades in which use of fire, cooking or manufacturing or repair furniture car cycle, sale of fruit or vegetables or fish or any trades which may cause an obstruction in the public passage or any obnoxious trade are not allowed.
23. The terms and conditions of this allotment letter shall be in addition to the provisions of Capital of Punjab (Development and Regulation) Act, 1952, and the rules made thereunder shall be binding on the lessee.
(Sd/-)......... '..... .
Competent Authority, Chandigarh Administration.