Allotment of Land to Various Bodies, Associations, Trust, Organizations of Religious, Charitable, Cultural ,Social Nature and Government, Semi Government Organization and Its Automounus Bodies on lease Hold Basis Chandigarh Scheme2005 Allotment of Land to Various Bodies/ Associations/Trust/Organizations of Religious, Charitable, Cultural, Social Nature and Governments/Semi-Government Organization and its Autonomous Bodies, on Lease-hold Basis in Chandigarh, Scheme, 2005 [Published in Chandigarh Administration Gazette dated 15.9-2005 at page 673] } No.UTFI(4)-2005/6604.-In exercise of the powers conferred by Sec tion 3 and 22 of the Capital of Punjab (Development and Regulation) Act, 1952 and the rules made thereunder, the Administrator, Union Territory, Chandigarh is pleased to make the following scheme for the Allotment of Sites to various Bod ies/ Associations/Trust/Organizations of Religious, Charitable Cultural, Social na ture and Governments/Semi-Government Organizations and its Autonomous Bodies on lease hold basis in Union Territory of Chandigarh, namely:—- 1 This Scheme may be called “Allotment of Land to various Bodies/ Assodations/Trust/ Organizations of Religious, Charitable, Cultural, So cial Nature and Governments/Semi-Government Organization and its Au tonomous Bodies, on Lease-hold Basis in Chandigarh, Scheme, 2005.
2. It shall come into force from the date of its publication in the Official Gazette. , ...
3. In this scheme, unless the context otherwise requires ....
(i) ‘Act’ means the Capital of Punjab (Development and Regulation) Act,
(ii) ‘Allotment1 means allotment of land on lease hold basis by way of auction or otherwise under this scheme. ....
(iii) ‘Commercial Government Organization’ means Government Organizations/Puhlic Sector Undertaking/Other bodies of the Government called by any name and style, if earning profits or generating surpluses from its operations is not prohibited in its constitution/goveniing principlcs/bye-laws/objects clauses. [Actual earning of profits or occasional generation of surpluses are irrelevant for an organization not involved in profit-making if these are ploughed back in the furtherance of the non-profit functioning of the organization.
It will not change its. character to ‘commercial’. Such organization should also not be undertaking commercial sale of goods or services, earning from rents etc.]
' [380] I I I I 381Allotment of Land to Various Bodies/Associations/Trusi/Organizalions on Lease-hold Basis in Chandigarh, Scheme, 2005 1 [(iv) ‘Institutional purposes’ include any activity relating to the field of art, social, charitable, culture, health, environment, sports, music, political etc.]
(v) ‘Lease* means the transfer by or on behaifofChandigarh Administration of the rights of use and occupation of any site to any body/society/ trust/association etc. and the terms of lease shall be construed accordingly.
(vi) ‘Lease Deed’ means the deed in the prescribed form under this scheme.
(vii) ‘Others’ means applicants other than Central Government, the Government of Punjab and Haryana, commercial and noncommercial undertakings/organizations of these Governments.
l[(viii) ‘Political Party’ means any National Political Party declared as such by the Election Commission of India and shall be eligible for allotment, if it has got atleast one Member of Parliament elected from the Parliamentary Constituency of Chandigarh in the last 20 years as on date of application.]
fix) ‘Premium’ means premium paid or promised to be paid for the transfer of lease hold rights to use the site.
(x) ‘Religious purposes’ means any activity relating to the field of religion.
*[(xi) "Rule means Chandigarh Estate Rules, 2007.]
(xii) ‘Society’ means Society registered under the Societies Registration Act, 1860 with the Registrar of firms and Societies, Chandigarh Administration.
(xiii) ‘Trust’ means a Trust registered under the Indian Trust Act, 1926 at Chandigarh.
4. '[An institution/society/trust/associalioiVorganizaiionsofreligicus, chari table, cultural, social, Political nature] and fulfilling the criteria laid down by the Chandigarh Administration form time to time shall be eligible for allotment of site under this scheme. For the purpose of this scheme, all institutions/associations etc. should be covered under the category of institutional purposes subject to the following criteria
(i) The allotment of site directly subserves the interest of the population of the Union Territory, Chandigarh.
(ii) The allotment is conducive to the planned development of the Union Territory of Chandigarh,
(iii) The institution is ofnon-profitmaking character/nature.
(tv) The institution is in.posse&sion of sufficient funds to meet with the cost of land and the construction of building for its use.
(v) The institution has been in existence and functioning for at least 5 years at the time of submitting the application for the allotment of site.
(vi) The institution or trust must be registered at Chandigarh under the Societies Registration Act, 1860 or Indian Trust Act, 1926.
5. Land for Chandigarh Administration will be earmarked for its own pur poses free of cost.
1. Substituted by Chd.Admn.Gaz. NotificationNo.31/l/410-UTFI(4)-2008/682i dated 16.10.2008
2. Added by Chd. Admn. Gaz. Notification No. 31/l/41U-UTFr(4)-2008/6821 dated 16.10.2008
3. Substituted by Chd. Admn. Gaz. Notification No. 31/1/410-UTFl(4)-2Q08/331 doled 15.1.2008 382 Allotment of Land to Various Budies/AssacintkHis/Triist7Organizations on Lease hold Basis in Chandigarh, Scheme, 2005 ‘[6. (i) Land for residential purposes to Central Government and the Gov ernments of Punjab, Haryana and Himachal Pradesh including its Autonomous Bodics/Scrni Government Organisations, Boards and Corporations owned and pro moted by the respective Government, will be allotted at a price which would be 48% of average auction price fetched in die auctions held in the last three auction years for the like category of land in the locality,
(ii) Land for institutional purposes to Central Government and the Governments of Punjab and Haryana will be allotted at a price which would be 15% of the average auction price fetched in the auctions held in the last three auction years of the commercial properties in the locality.]4-* - '[7. (i) Land for institutional purposes to wholly owned I'SUs, Boardsand Corporations of Central Government and the Governments of Punjab, Haryana will be allotted at a price which would be 25% of average auction price fetched in the auctions held in the last three auction years of the commercial properties in Chandigarh,
(ii) Land for commercial purposes to wholly owned PSUs, Boards and Cor porations of Central Government and the Governments of Punjab and Haryana including CITCO will be allotted at a price, which would be 50% of average auction price fetched in the auctions held in the last three auction years of the Commercial properties in Chandigarh.]
'[8. If the average auction rates of (he same locality are not available then average auction price of like category in the city, as noted in above paras, for the last three auction years will be applicable.]***
9. Land for institutional purposes including any activity related to the field of Ari, Culture, Social, health, Environment, Sports, Religion, Music, Charitable pur poses etc. to non-Governmcnt Organizations/bodies/societies/lrusls etc. will be allotted through a system of limited auction/tender bids/allotmcnt described here after 1 [(a) Average of the auction price of residential properties fetched in the auctions held in the last three auction years would be the reserve price or minimum allotment price Tor the purpose of auction/tender bid/ allotment]
(b) Applications will be invited through an advertisement from the eligible applicants for the sites proposed by the Chief Architect. Eligibility criteria will be defined by the Administration, A Screening Committee presided over by the concerned Secretary and comprised Of the following officials will examine the applications in order to determine their eligibility:— Chief Engineer, U.T., Chandigarh.
Chief Architect, U.T., Chandigarh.
Estate Officer, U.T., Chandigarh.
Joint Secretary, Finance, U.T., Chandigarh.
Concerned Head of Department.
(c) Only the applicant found eligible by the Screening Committee shall be allowed to participate in the auction/tender bid or the allotment process.
l,SubstiiuU!dbyC^Cd./\(^mn.<^:u.t^o0t'ic^aUonr^o.3ltIM1O 2TFI(4)-200026821 datedlO.1O.2008 < Allotment of Land to Various Dodiej/Associations/TrustOhganiiat- 383 ions on Lcaie-liold Basis in Chandigarh, Suheinc, 2005
(d) Aspccial committee comprising of District Magistrate, S.S.I', concerned S.D.M., Director Social Welfare and concerned D.S.P. will give their recommendations on applications for allotment of land for religious purposes. Chief Architect will also consult this Committee before for [[9-A. Land for institutional purposes to the Political Parties will be allotted at a price which would be average of the auction price fetched in the auctions held in the last three auction years of residential properties in Chandigarh.]***
10. The Chandigarh Administration may formulate a Special Scheme for a specific purpose. Land for such Schemes (e.g, schemes related to Information Technology, Education Parks, Schools, Colleges, Chandigarh 1 lousing Board etc.)
will be allotted as d-t-rmin-d by the respective Schemes at a price mentioned in that scheme.
11. No land will be allotted for a Guest House or Transit Camp etc. to any Govcmmcnt/PSUs/or other Government Organizations.
12. All non-rcsidcntial properties will be allotted on lease hold basis.
**•
13. Land for all other purposes will be allotted through public auction on lease hold basis.
***
14. Change in land use shall not be allowed unless a speaking order to that effect is passed by the competent authority in writing with cogent reasons and compelling circumstances warranting such a change. This change, if allowed, will be subject to conversion charges as decided by Chandigarh Administration.
15. The lessee shall not be allowed to sub-lct/sub-lease or further transfer the lease hold rights in any manner or by any means and the lessee shall not be allowed to part with the possession.
***
16. The Estate Officer is the competent authority to accept or reject any bid.
*** '[17. The lease ofsitc/land shall be governed by the provisions ofCapital of Punjab (Development at id Regulation) Act, 1952 and by Chandigarh Estate Rules,
2007.]
♦♦♦ z[18. ' Hie site/land will be given initially on lease hold basis for 33 years, which may be extended by two terms of like duration by the Chandigarh Admin istration considering performance and observance of other terms and conditions of lease and re-fixation of lease amount. The lessee shall have to pay the ground rent annually as per the provisions of the Chandigarh Estate Rules, 2007],
1. Added by Chd. Admn. Gaz. Notification No 31/1/41O-11TFI(4)20.0O86821 dated 16 107008
2. Substituted by Chd. Admn. Gaz. Notification No. 31/1/4 HOl.n'Ft(4)-MOl8/33I dated 15.1.2008