CourtMesh

Section 4: Premium

The Chandigarh Allotment of Land to the Persons with Disabilities Scheme, 2001Union territory Regulations of Chandigarh · 1952

The premium means price paid or promised to be paid for the transfer of a right to enjoy land to be allotted to the persons with disability under this scheme and the same shall be determined by the Chandigarh Administration.

l(5- Eligibility i I (i) A person suffering from permanent disability of not less Won 40% of any of the following disabilities shall be eligible for allotment of land. llieapplicant must be a person with disability as defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 as also in this sub-clause and must possess u certificate to this effect issued by the Disability Board constituted for the said purpose by the Chandigarh Administration.

(a) Blindness refers to a condition where a person suffers from, any of the following conditions, namely

(i) total absence of sight; or

(ii) visual acuity not exceeding 6/60 or 20/2000 (snell’s) in the better eye with correcting, lenses; or .

(iii) limitation of the field of vision subtending an angle of 20 degree or worse.

(b) Low vision.—connotes impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device.

(c) Leprosy.—cured refers to a person who has been cured of leprosy but is suffering from

(i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity; or

(ii) manifest deformity and paresis but having sufficient mohilily in their hands and feet to enable them to engage in normal economic activity; or

(iii) extreme physical deformity as well as advanced age which prevents him/her from undertaking any gainful occupation.

(d) Hearing impairment—connotes loss of sixty decibels or more in the better ear in the conversational range of frequencies;

(e) Locomotor disability means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy i.e. a group of nonprogressive conditions of a person chardutcreised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal or infant period of development,

(f) Mental illness.—means any mental disorder, other than mental retardation. .

Abfo.—(1) A mentally ill person can apply only through a ‘Guardian’ or ‘Manager of Property’ of such person, duly appointed as such by the , .< 'District Court’ or the ‘Collector’ under the provisions of the Mental . Health Act, 1987 (Act No. 14 of 1987).

1. Substituted vide Chd. Admn. Gm. (Extra) Notification dated 11 th/12th May, 2004 at page 495 358 Chd. Allotment of land to the Persons with Disabilities Scheme, 2001

(2) In case such ‘Guardian’ or ‘Manager of Property’ fails to obtain the requisite permission from the Court within one year from the date of aliotment/drawof lots, registration for al lotmeat shall be cancelled and the amount of initial deposit/earnest money shall be refunded without any interest. However, the Estate Officer may, in his sole discretion, upon an application, extend the said period forsuch period as he deems fit.

(ii) A Guardian of a mentally retarded person, duly appointed as such by the ‘Local Level Committee’ constituted for the Union Territory ofChandigarh under 'The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999', shall be eligible for allotment on behalf of the mentally retarded person provided the mentally retarded person is being taken care of and maintained by such guardian and is residing with Ii im/lier.

Note. - (1) ‘Mental Retardation’ means a condition of arrested or incomplete development of mind of a person which is specially characterised by subnormality of intelligence.

(2) The ‘Guardian’ shall have to attach a certificate issued by the‘Medical Authority’ as defined under the ‘Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995* to the effect that the ‘mentally retarded person’ is not suffering from less than 40% disability, alongwith the application form.

II. (il A person with disability shall be eligible for allotment of a land if he is a bona fide resident of the Union Territoty of Chandigarh, for the last ten years preceding the date of application. For this, the applicant shall have to give suffi­ cient proof viz, name in the Electoral Roll/RationCard/Eiectricity/Water Connec­ tion etc.

(ii) In the case of a mentally retarded person, both the ‘Guardian’ as well as the ‘mentally retarded person’ should have been a bona fide resident ofthe Union Territory, Chandigarh for a period of at-least ten years on the date of application.

For this the applicant shall have to give sufficient proof viz. name in the Electoral Roll or Ration Card or Electricity/Water Connection etc, III. The applicant must have attained the age of 18 years on the date of application and in the case of mentally ill person, the applicant (i.e. the mentally ill person) should have attained the age uf 21 years on the date of application, IV. The applicant does notown any residential site/d wellinq unit/ house/flat etc. or commercial si te/bul Id ing in his/he; name or in the name of his/her spouse, in Union Territory, Chandigarh, Urban Estates of Panchkula and Mohali and No­ tified Area Committee, Zirakour.]

****

Where this provision sits

ActThe Chandigarh Allotment of Land to the Persons with Disabilities Scheme, 2001
Section4
Marginal notePremium
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Chandigarh Allotment of Land to the Persons with Disabilities Scheme, 2001 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.