(1) Lease may be jointly taken by more than one person. The liability to pay the premium as well as the rent and any penalty imposed under these rules shall be joint, and several.
Provided that nothing contained in Sub-rule (1) and Sub-clauses (2) and (8) of Clause II of the lease deed in form 'B' of the said rules, shall apply to the lease of site or building of the Housing Board Chandigarh constituted under Section 3 of the Haryana Housing Board Act, 1971, as extended to the Union Territory of Chandigarh. Notwithstanding any thing stated above, the aforesaid provisions of sub-rule (1) and sub-clauses (2) and (8) of Clause II in Form 'B' of the said rules shall mutatis mutandi apply to the Sub- lessees/transferees of the Board.[***]
(2) The lessee shall not be entitled to sub-divide the site or to amalgamate it with any other site.
(3) The lease shall be governed by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, as amended from time to time and the rules made thereunder.
(4) The lessee shall not be allowed to place empty packing cases, baskets, or junk or any other material on the roof of the building or in the open site around it.
(5) The covered passage (verandah) in front of or on the sides of the building shall not be encroached upon or used for any purpose other than as a public passage.
(6) The right of displaying advertisements on and of use of end walls of the end sites and the benefits derived therefrom shall vest in the Government.
(7) The lessee shall be liable to pay all such fee or tax as may be levied by the Chandigarh Administration in respect of sites or buildings or both under any law.
Provided that in the case of lease of site or building to the Housing Board, Chandigarh constituted under section 3 of the Haryana Housing Board, Act, 1971 as extended to the Union Territory of Chandigarh the liability to pay all such fee or tax shall be of the sub-lessee of the Board.[***]
(8) The Government shall not be responsible for levelling the uneven sites or for filling in sites which are at lower level than the other sites.
(9) The Estate Officer shall be entitled at all convenient times to enter and inspect the site or building with a view to ensuring that no provision of the Capital of Punjab (Development and Regulation) Act, 1952, or of the rules made thereunder including these rules is being violated. The Estate Officer may authorise any person subordinate to him to carry out the aforesaid inspection.
(10) The lessee will not be entitled to transfer the site or the building without the prior permission of the Estate Officer. Such permission shall not be given until the lessee has paid full premium and the rent due under the lease for the site unless in the opinion of the Estate Officer exceptional circumstances exist for the grant of such permission.
In the case of transfer 50 per cent of the unearned increase in the value, i.e., the difference between the premium paid and the market value of the site or building at the time of transfer shall be paid to the Government before registering such sale or transfer. The market value of the property for this purpose shall be assessed by the Estate Officer or such other authority as may be prescribed by the Chief Administrator. The lessee shall be entitled to produce his evidence and of being heard.
[Notwithstanding, anything contained in sub-rule (10) or in the letter of allotment the addition of the name of spouse with the permission of the Estate Officer as co-lessee after the allotment of a site to a member of a Co- operative Housing Society, under the Chandigarh Allotment of Sites of Co- operative Housing Societies Scheme, 1979, shall not be construed as transfer within the meaning of the said rules.]
(11) No building, whether existing or to be constructed on any site demised under these rules, shall be used for a purpose other than that for which lease has been granted.
[Provided that the Chief Administrator, Chandigarh may specify by notification in the official gazette certain categories of Cottage Industries which may be run in the residential houses, on such terms and conditions, as may be deemed necessary.]
(12) No obnoxious trade shall be permitted on or in any site or building except with the previous permission in writing of the Chief Administrator.
(13) The Chief Commissioner may in his absolute discretion prescribe such further conditions of lease as may be consistent with the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, as amended from time to time in the letter of allotment and lease deed either generally or under any particular scheme.
18. The Estate Officer may withdraw any site/building that may have been put up for auction and he may accept or reject the highest bid without assigning any reason.
19. A person shall be competent to bid on behalf of another person only if he discloses, in the case of partnership, company or Hindu Joint family, etc., the names and addresses of the partners, members of, the company, etc., as the case may be, immediately after the bid is closed.
20. Notwithstanding and without prejudice to other provisions of these rules the Estate Officer may, by notice in writing, cancel the lease and forfeit the whole or part of the premium and ground rent paid in respect thereof which in no case shall exceed ten per cent of the total amount of premium, interest and other dues payable in respect of the site or building or both as the case may be, on the ground of default, breach or noncompliance of any of the terms and conditions of lease or for furnishing in writing incorrect information under rule 19 :
Provided that no order regarding cancellation of lease/forfeiture under this rule shall be made unless the lessee has been given a reasonable opportunity of being heard.]
21. In the event of the lease of site being cancelled, the lessee shall remove the structure at his own expense within such reasonable time, not exceeding three months, as may be prescribed by the Estate Officer, and restore possession of the site in the condition in which he took the same at the commencement of the lease. If the lessee fails to remove the structure within the period mentioned above, the Estate Officer shall be competent to remove the same and recover the expenses incurred in doing so from the person whose lease had been cancelled or auction/allot the site along with the structure and after deducting the market value of the site refund the balance to the lessee. The Estate Officer shall determine the market value and his decision shall, subject to a right of appeal, be final and binding.
[21A. Relaxation.] - The Chief Commissioner may relax all or any of these Rules in case of Government or semi-Government bodies on such terms and conditions as he thinks fit if he is satisfied that such relaxation will promote tourism in the Union Territory of Chandigarh [21A. In case lease of any site has been cancelled under Rule 12 or 20 of the Chandigarh Lease-Hold of Sites and Building rules, 1973, for any reasons, the Estate Officer may on an application retransfer the site to the outgoing transferee, on payment of an amount equal to 10% of the premium originally payable for such property or one-third of the difference between the price originally paid and its value at the time when the application for retransfer is made, whichever is more. [However in the case of a person who is serving or who has served in the Armed services of the Union, the amount payable by him or his legal heir for the retransfer of a site shall be 10% of the price originally payable for such site or 5% of the difference between the price originally payable and its value at the time when application for transfer is made, which ever is more.], [***]
Provided that such retransfer shall be permissible only if :-
(i) Where the lease of the site has been cancelled on ground of misuser, the misuser has stopped.
(ii) Where the lease of the site has been cancelled for non-payment of price, all outstanding dues including forfeiture have been paid.
(iii) Where the lease of the site has been cancelled for breach of any conditions of sale, the breach has been remedied and conditions fulfilled.
Notwithstanding anything contained in the proviso above, when lease of the site has been cancelled on ground of misuser or non-completion of the building on it within the stipulated period, the Estate Officer may allow the retransfer on the applicant agreeing to vacate or have the misuser vacated or the building completed, as the case may be, within such reasonable period as the Estate Officer may stipulate.
Explanation. - For the purposes of this rule, the expression "site" does not include a vacant site. A vacant site is a site on which on the date of issue of notice of cancellation of lease under rule 12 or 20 of the Chandigarh Lease-Hold of Sites and Buildings Rules, 1973, no superstructure had been raised and it includes a site on which foundations had been laid but no superstructure had been raised above that level.
(2) The retransfer under sub-rule (1) shall be in continuation of and subject to all subsisting conditions but without prejudice to all the proceedings or liabilities or subsisting penalties levied in respect of such site before the date of the transfer.
(3) The prevailing price shall be assessed by the Estate Officer or such other authority as may be prescribed by the Chief Administrator and in doing so the Estate Officer or such other authority shall give the applicant reasonable opportunity of being heard. The assessment made by the Estate Officer shall be final.
(4) The applicant shall unless he refuses to accept the retransfer, deposit within 30 days 25% of the consideration of the retransfer. The remaining 75% of the said consideration shall be paid in three annual equated instalments along with interest at the rate of Rs. 7% per annum. The first instalment shall become payable after one year from the date of retransfer. In case any instalment is not paid by the applicant by the due date it shall be deemed as if no retransfer had come into effect.
(5) No application under sub-rule (1) shall be entertained unless it is presented within six months of the date of appeal/revision as the case may be :
Provided that in the case of an order of cancellation of the lease passed earlier, the period of six months referred to above, shall begin to run from coming into force of this rule;
Provided further that the Estate Officer may entertain an application after expiry of six months if he is satisfied that there was good and sufficient reason for not presenting the application within the said period of six months.