Any person feeling aggrieved by an order of the Estate Officer made under rules 12, 13, 20 and 21 of these rules or of the competent authority under rule 17 (10) may within 30 days of the date of communication to him of such order, prefer an appeal to the Chief Administrator in such form and manner as may be prescribed :
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 may, after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such orders as he deems fit.
(3) The Chief Administrator may, either of his own motion or on an application received in this behalf, at any time call for the record of any proceeding in which the Estate Officer has passed an order for the purpose of satisfying himself as to the legality or propriety of such order and may pass such order in relation thereto as he thinks fit :
Provided that the Chief Administrator shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
(4) Where a person is aggrieved by any order of the Chief Administrator deciding a case under sub-rule (2) or sub-rule (3), he may, within thirty days of the date of communication to him of such decision, make an application in writing to the Chief Commissioner for revision against the said decision and the Chief Commissioner may confirm, alter or rescind the decision of the Chief Administrator.
Para 22 omitted vide notification, dated 15.12.79.
Form A Application for allotment of residential/commercial/Industrial sites on lease-hold basis at Chandigarh.
To The Estate Officer, Chandigarh Administration, Chandigarh.
Sir, I __________________, son/daughter/wife/widow of ________________________ (in Block letters)_________________request that I may be allotted a residential/Commercial/Industrial site of ___________________ square yards ________________ Marlas size in Chandigarh on lease-hold basis.
2. I agree to pay the premium at the rate of Rs. ____________________ per square yard in the manner prescribed by the Chandigarh Administration, as also the ground rent at the rate of 2½ per cent of the premium every year for the first 33 years and thereafter, if the Chandigarh Administration so decides, at the enhanced rate of 3¾ per cent of the premium for the next 33 years and at the rate of 5 per cent of the premium for the remaining 33 years of the lease period and thereafter on such terms as the Government may decide.
3. 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.)
4. Particulars of the plot applied for :- Sector Area in Square Yards No. of site/sites
5. In enclose herewith a demand draft No. ______________ dated ________________ for the amount of Rs. ______________ equivalent to 10 per cent of the premium of the site building to be obtained on lease-hold basis as earnest money, payable to the Estate Officer, Chandigarh Administration, Chandigarh and drawn on____________________ Bank at Chandigarh.
6. I enclose herewith an affidavit in respect of the following :-
(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 premium and rent due under the lease up-to-date or a period of 15 years from the date of allotment whichever is later.
(b) That I do not own either in my own name or in the name of my wife/husband or any dependent member of my family any site or building in Chandigarh.
(c) That I shall be bound by the terms and conditions of the Chandigarh Leasehold of Sites and Building Rules, 1973.
Declarations
1. I,_________________________ son/wife/daughter/of Shri ___________________ solemnly declare that the above information is true to my knowledge and belief and nothing has been concealed.
2. I do 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 liable to be 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 this account.
3. I, ____________________________, the above named, hereby declare that I have carefully read and understood the terms and conditions of the Chandigarh Lease-hold of Sites and Buildings Rules, 1973 as also the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 as amended up-to-date and rules framed thereunder and do hereby agree to abide by them.
4. I agree/do not agree that in the event of the site being not allotted to me in the first draw, my earnest money may be retained by the Chandigarh Administration and my name may be kept on the waiting list for allotment in the subsequent draw/draws. I shall be not claim any interest on the earnest money remitted to the Government.
Dated Yours faithfully, (Signature of the applicant) Address for Correspondence, ________________ Form B Site (By allotment/auction) Chandigarh Administration Lease for 99 years THIS DEED made this ______________________ day of ______________ one thousand nine hundred and _______________________ BETWEEN THE PRESIDENT OF INDIA (hereinafter called 'the Lessor') of the one part and Shri/Shrimati _________________ (hereinafter called 'the Lessee') of the other part.
WHEREAS the Lessee has applied to the Lessor for the grant of a lease of the plot of a land, belonging to the Lessor, hereinafter described, and the Lessor has on the faith of the statements and representations made by the Lessee accepted such application and has agreed to demise the said plot to the Lessee in the manner hereinafter appearing.
WHEREAS the Lessee has applied by bid at public auction to the Lessor for grant of a lease of the plot of a land, belonging to the Lessor hereinafter described and the Lessor has accepted such application and has agreed to demise the said plot to the Lessee in the manner hereinafter appearing.
[AND WHEREAS THE LESSEE has paid/agreed to pay the sum of Rs.____________ (Rupees ___________________________________) being the premium.]
[NOW THIS DEED WITNESSETH THAT for the purpose of carrying into effect the said lease and in consideration of the covenants of the lessee hereunder contained and of the] said sum of Rs. ______________ (Rupees ____________) paid by the lessee [(A) as 25 per cent of the premium (the receipt of which the lessor hereby acknowledges) and the undertaking of the lessee to pay the balance] premium in three equated yearly instalments together with interest at the rate of _________________ per cent per annum from the date of issue of allotment letter/auction, the first instalment being payable on the tenth day of ____________________ (B)._______________ and of the rent hereinafter reserved and of the covenants on the part of the Lessee hereinafter contained, the Lessor doth hereby demise upto the Lessee ALL THAT Plot of land being the residential/commercial/industrial plot No. _______________ Sub sector _________________ Sector ______________ containing by admeasurement an area of _________________ square yards/metres or thereabouts situate at _____________ which plot is more particularly described in the plan filed in the office of Estate Officer, Chandigarh, signed by the Estate Officer, Chandigarh on the ______________ day of _____________ one thousand nine hundred and ________________ TOGETHER with all rights, easements and appurtenances whatsoever to the said plot belonging or pertaining to HOLD the premises hereby demised unto the Lessee for 99 years from the date of allotment/auction and thereafter to hold the same for such further period and on such terms and conditions as the Lessor may decide and YIELDING AND PAYING therefor yearly rent at the rate of 2½ per cent of the premium for the first 33 years of this lease and at the rate of 3¾ per cent of the premium for the next 33 years and at 5 per cent of the premium for the remaining 33 years of the lease. The rent shall start accruing from the date of issue of allotment letter/auction, namely the________ day of _______________ one thousand nine hundred and _______________ and shall become due on the first anniversary of the date of issue of letter of allotment/auction and be payable by the 10th day of the following month.
Subject always to the exceptions, reservations, covenants and conditions hereinafter contained, that is to say as follows :-
1. The lessor excepts and reserves unto himself all mines, minerals, coals, gold-washing, earth oils and quarries in or under the plot, and full right and power at all times to do all acts and things which may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same without providing or leaving any vertical support for the surface of the plot or for any building for the time being standing thereon provided always that the Lessor shall make reasonable compensation to the Lessee for all damage directly occasioned by the exercise of the rights hereby reserved or any of them.
2. The Lessee for himself, heirs, executors and administrators and assigns, covenants with the Lessor in the manner following, that is to say :
(1) The Lessee shall pay without demand unto the lessor the yearly rent hereby reserved within the time hereinbefore appointed and in the manner laid down in the Chandigarh Lease-Hold of Sites and Building Rules, 1973.
(2) The Lessee shall not deviate in any manner from the layout plan nor alter the size of the plot whether by sub-divisions, amalgamation or otherwise.
(3) The Lessee shall, within a period of three years from the date of issue of allotment letter/auction (and the time so specified shall be of the essence of the contract) after obtaining sanction to the building plan with necessary designs, plans and specifications from the Estate Officer at his own expense, erect upon the plot and complete in a substantial and workman-like manner residential/commercial/industrial building with the requisite and proper walls, sewers and drains and other conveniences in accordance with the sanctioned building plan and to the satisfaction of the Estate Officer.
(4) [(a) The Lessee shall not transfer or assign his rights in the site without the prior consent of the] Estate Officer. Such permission shall not be given until the Lessee has paid full premium and the rent due under the lease unless in the opinion of the Estate Officer exceptional circumstances exist for the grant of such permission and the proposed transferee undertakes to pay the balance of the premium and the rent in respect of this lease :
Provided that in the event of the consent being given the Lessor shall be entitled to claim and recover 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 at the time of transfer of assignment and the decision of the Lessor in respect of the market value shall, subject to the Chandigarh Lease- Hold of Sites and Buildings Rules, 1973, be final and binding :
Provided further that the lessor shall have the pre-emptive right to purchase the property after deducting 50 per cent of the unearned increase as aforesaid.
OR [The lessee shall not sell or otherwise transfer his/her rights in the site or part thereof for a period of fifteen years from the date of completion of the building.
After the expiry of this period the lessee may be allowed by Government to sell or transfer his/her rights in the site to any other party subject to the condition that 50% (fifty per cent) of the unearned increase in the value of land at the time the site is sold or transferred shall be payable to the Chandigarh Administration before registering such sale or transfer. The value of the property for this purpose shall be assessed by the Estate Officer or any other authority which may be appointed by the Chief Administrator whose decision shall be final and binding on the lessee].
[Provided that the Government may permit transfer of an Industrial Plot prior to the expiry of the period of 15 years on grounds of exceptionable hardship. Such permission shall, however, be subject to the other conditions mentioned in this clause.]
(4) (b) Notwithstanding anything contained in sub-clause (a) above the lessee may, with the previous consent in writing of the Estate Officer, mortgage or charge the plot in favour of the Central Government, State Government, Chandigarh Administration, Life Insurance Corporation of India, Punjab State Electricity Board, Haryana State Electircity Board, any Scheduled Bank, any body Corporate created under the Central/State Act or any body corporate whollay owned by the Government for securing a loan to be advanced by them for constructing the building on the plot. vide U.T. Notification Dated 21-3-1980.
(5) The Lessor's right to the recovery of fifty per cent of unearned increase and the pre-emptive right to purchase the property as mentioned hereinbefore shall apply equally to an involuntary sale or transfer whether it be by or through an executing or insolvency court.
(6) Notwithstanding the restrictions, limitations and conditions as mentioned in sub-clause (4) (a) above, the Lessee shall be entitled to sublet the whole or any part of the building that may be erected upon the plot for purpose of ______________ only on a tenancy from month to month or for a term not exceeding five years.
[Provided that the in case of Industrial plots the lessee shall not be entitled to sublet, assign or otherwise part with possession of the whole or any part of the building that may be erected upon the plot for any purpose whatsoever except with the written permission of the Estate Officer who may grant such permission only in cases of exceptional hardship and upon such terms and conditions as he deem fit to impose. The Estate Officer shall make the permission conditional on payment of such amount as he may decide on merits and circumstances of each case]:-
Explanation :- For purpose of the above proviso partnership shall be deemed to be subletting.
(7) Whenever the title of the Lessee in the plot is transferred in any manner whatsoever the transferee shall be bound by all the covenants and conditions contained herein and be answerable in all respects therefor.
(8) Whenever the title of the Lessee in the plot is transferred in any manner whatsoever, the transferor and the transferee shall within three months of the transfer, give notice of such transfer in writing to the Lessor.
In the event of the death of the Lessee, the person on whom the title of the deceased devolves shall, within three months of the devolution, give notice of such devolution to the Lessor.
The transferee or the person on whom the title devolves, as the case may be, shall supply the Lessor certified copies of the document(s) evidencing the transfer or devolution.
(9) The Lessee shall from time to time and at all times pay and discharge all rates, taxes, charges and assessments of every description which may at any time hereafter during the continuance of this Lease be assessed, charged or imposed upon the plot hereby demised or any buildings to be erected thereupon or on the landlord or tenant in respect thereof.
(10) All arrears of rent and other payments due in respect of the plot thereby demised shall be recoverable in the same manner as arrears of land revenue.
(11) The Lessee shall in all respects comply with and be bound by the Punjab Capital (Development and Regulation) Building Rules, 1952, as amended from time to time and the rules made thereunder.
(12) The Lessee shall not without sanction or permission in writing of the proper authority erect any building or make any alteration or addition to such building or the plot.
(13) The Lessee shall not without the written consent of the Lessor carry on, or permit to be carried on, on the plot or in any building thereon any trade or business whatsoever or use the same or permit the same to be used for any purpose other than that mentioned in this lease deed or do or suffer to be done therein anything whatsoever which in the opinion of the Lessor may be a nuisance, or disturbance to the Lessor and persons living in the neighbourhood.
(14) The Lessee shall at all reasonable times grant access to the plot to the Estate Officer for being satisfied that the covenants and conditions contained herein have been and are being complied with.
(15) The Lessee shall on the determination of this lease peaceably yield up the said plot and the buildings thereon unto the Lessor.
(16) In the event of the lease 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 expense incurred in doing so from the person whose lease had been cancelled or auction/allot the site alongwith 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 the Chandigarh Lease-Hold of Sites and Buildings Rules, 1973, be final and binding.
III. If the yearly rent hereby reserved or any part thereof shall at any time be in arrears and unpaid within the period hereinbefore mentioned, the Lessee shall be liable to pay a penalty not exceeding 100 per cent (One hundred per cent) of the amount due which may be imposed and recovered in the manner laid down in section 8 of the Capital of Punjab (Development and Regulation) Act, 1952, as amended up to date, or if it is discovered that this lease has been obtained by suppression of any fact or by any mis-statement, misrepresentation or fraud or if there shall have been, in the opinion of the Lessor, whose decision shall be final, any breach by the Lessee or by any person claiming through or under him of any of the covenants or conditions contained herein and on his part to be observed or performed, then and in any such case, it shall be lawful for the Lessor, notwithstanding the waiver of any previous cause or right for re-entry upon the plot hereby demised and the building thereon, to re-enter upon and take possession of the plot and the buildings and fixtures thereon, and thereupon this lease and every thing herein contained shall cease and determine and the Lessee shall not be entitled to any compensation whatsoever nor to the return of any premium paid by him :
Provided that, notwithstanding anything contained herein, to the contrary, the Lessor may without prejudice to his right of re-entry as aforesaid, and in his absolute discretion, waive or condone breaches, temporarily or otherwise, on receipt of such amount and on such terms and conditions as may be determined by him.
1. No forfeiture or re-entry shall be effected until the Lessor has served the Lessee notice in writing :-
(a) specifying the particular breach complained of, and
(b) if the breach is capable of remedy, requiring the Lessee to remedy the breach, and the Lessee fails within such reasonable time as may be mentioned in the notice to remedy the breach if it is capable of remedy : and in the event of forfeiture or re-entry the Lessor may in his discretion relieve against forfeiture on such terms and conditions as he thinks proper.
1. In the event of any question, dispute or difference, arising under the these presents, or in connection therewith (except as to any matter the decision of which is specially provided by these presents) the same shall be referred to the sole arbitration of the Chief Administrator or any other person appointed by him. It will be no objection that the arbitrator is a Government servant, and that he has to deal with the matters to which the Lease relates, or that in the course of his duties as a Government servant he has expressed view on all of any of the matters in dispute or difference.
The award of the arbitrator shall be final and binding on the parties.
The arbitrator may, with the consent of the parties enlarge the time, from time to time, for making and publishing the award.
Subject as aforesaid, the Arbitration Act, 1940, and the Rules thereunder and any modification thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this Clause.
1. All notices, orders, directions, consents or approvals to be given under this Lease shall be in writing and shall be signed by such officer as may be authorised by the Chief Administrator and shall be considered as duly served upon the Lessor or any person claiming any right to the plot if the same shall have been affixed to any building or erection whether temporary or otherwise upon the plot or shall have been delivered at or sent by post to the then residence, office or place of business or usual or last known residence, office or place of business of the Lessee or such person.
VII. All powers exercisable by the Lessor under this Lease may be exercised by the Chief Administrator. The lessor may also authorise any other officer to exercise all or any of the powers exercisable by him under this Lease.
VIII. In this Lease the expression Chief Administrator means the Chief Administrator for time being or, in case his designation is changed or his office is abolished, the officer who for the time being is entrusted whether or not in addition to other functions, with the functions similar to those of the Chief Administrator by whatever designation such office may be called. The said expression shall further include such officer as may be designated by the Lessor to perform the functions of the Chief Administrator under this Lease.
1. The expressions 'The Lessor' and 'the Lessee' hereinbefore used shall where the context so admits include in the case of the Lessor his successors and assigns, and in the case of the Lessee his heirs, executors, administrator or legal representatives and the persons or person in whom the lease-hold interest hereby created shall for the time being be vested by assignment or otherwise.
2. This Lease is granted under the Capital of Punjab (Development and Regulation) Act, 1952, as amended and Government Grants Act, 1895 (Act XV of 1895).
In witness whereof Shri ___________________, __________________for and on behalf of and by the order and direction of the Lessor has hereunto set his hand and Shri/Shrimati ______________the lessee has hereunto set his/her hand the day and year first above-written.
Signed by Shri _____________________for and on behalf of and by the order and direction of the President of India (Lessor) in the presence of :
LESSOR (Estate Officer)
(1) Shri Signed by Shri/Shrimati LESSEE in the presence of -
(1) Shri (Full address) (Signature)
(2) Shri (Full address) (Signature) Form C Building (By allotment/auction) Chandigarh Administration Lease for 99 years THIS DEED made this ____________________day of _______________one thousand nine hundred and _________________ BETWEEN THE PRESIDENT OF INDIA (hereinafter called 'the Lessor') of the one part and Shri/Shrimati __________________ (hereinafter called 'the Lessee') of the other part.
WHEREAS the Lessee has applied to the Lessor for the grant of a lease of the building belonging to the Lessor, hereinafter described, and the Lessor has on the faith of the statements and representations made by the Lessee accepted such application and has agreed to demise the said building to the Lessee in the manner hereinafter appearing.
WHEREAS the Lessee has applied by bid at public auction to the Lessor for grant of a lease of the building belonging to the Lessor hereinafter described and the Lessor has accepted such application and has agreed to demise the said building to the Lessee in the manner hereafter appearing.
[AND WHEREAS THE LESSEE has paid/agreed to pay the sum of Rs.____________ (Rupees_______________) being the premium.]
[NOW THIS DEED WITNESSETH THAT for the purpose of carrying into effect the said lease and in consideration of the covenants of the lessee hereunder] contained and of the said sum of Rs. ________________ (Rupees ____________) paid by the lessee [(A) as 25 per cent of the premium (the receipt of which the lessor hereby acknowledges) and] the undertaking of the lessee to pay the balance premium in three equated yearly instalments together with interest at the rate of __________________per cent per annum from the date of issue of allotment letter/auction, the first instalment being payable on the tenth day of ______________ (B). ____________________ and of the rent hereinafter reserved and of the covenants on the part of the Lessee hereinafter contained, the Lessor doth hereby demise unto the Lessee ALL THAT building being building __________________ No. _______________ Sub-sector ______________ Sector ________________ containing by admeasurement an area of______________square yards/metres or thereabouts situate at Shopping Centre at Chandigarh which building is more particularly described in the plan filed in the office of Estate Officer, Chandigarh, signed by the Estate Officer, Chandigarh on the_______________ day of _____________ one thousand nine hundred and _________________________TOGETHER with all rights, easements and appurtenances whatsoever to the said building belonging or pertaining to HOLD the premises hereby demised upto the Lessee for 99 years from the date of allotment/auction and thereafter to hold the same for such further period and on such terms and conditions as the Lessor may decide and YIELDING AND PAYING therefor yearly rent at the rate of 2½ per cent of the premium for the first 33 years of this lease and at the rate of 3¾ per cent of the premium for the next 33 years and at 5 per cent of the premium for the remaining 33 years of the lease. The rent shall start accruing from the date of issue of allotment letter/auction, namely ______________ the ___________________day of one thousand nine hundred and ____________ and shall become due on the first anniversary of the date of issue of letter of allotment/auction and be payable by the 10th day of the following month.
Subject always to the exceptions, reservations, covenants and conditions hereinafter contained, that is to say as follows :-
1. The lessor excepts and reserves unto himself all mines, minerals, coals, gold-washing, earth oil and quarries in or under the plot, and full right and power at all times to do all acts and things which may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same without providing or leaving any vertical support for the surface of the plot or for any building for the time being standing thereon provided always that the Lessor shall make reasonable compensation to the Lessee for all damage directly occasioned by the exercise of the rights hereby reserved or any of them.
2. The Lessee for himself, heirs, executors, and administrators and assigns, covenants with the Lessor in the manner following, that is to say :-
(1) The Lessee shall pay without demand unto the Lessor the yearly rent hereby reserved within the time hereinbefore appointed and in the manner laid down in the Chandigarh Lease-Hold of Sites and Buildings Rules, 1973.
(2) The Lessee shall not re-erect, add to or alter said building except after permission in writing of the Estate Officer and in accordance with the Capital of Punjab (Development and Regulation) Buildings Rules, 1952.
(3) The Lessee shall not transfer or assign his rights in the building without the period consent of the Estate Officer. Such permission shall not be given until the Lessee has paid full premium and the rent due under the lease unless in the opinion of the Estate Officer exceptional circumstances exist for the grant of such permission and the proposed transferee undertakes to pay the balance of the premium and the rent due in respect of this lease:
Provided that in the event of the consent being given the Lessor shall be entitled to claim and recover 50 per cent of the unearned increase in the value (i.e., the difference between the premium paid and the market value) of the lease-hold rights of the building at the time of transfer or assignment and the decision of the Lessor in respect of the market value shall, subject to the Chandigarh Lease- Hold of Sites and Buildings Rules, 1973, be final and binding :
Provided further that the Lessor shall have the pre-emptive right to purchase the property after deducting 50 per cent of the unearned increase as aforesaid.
(4) The Lessor's right to the recovery of fifty per cent of unearned increase and the pre-emptive right to purchase the property as mentioned hereinbefore shall apply equally to an involuntary sale or transfer whether it be by or through an executing or insolvency court.
(5) Notwithstanding the restrictions, limitations and conditions as mentioned in sub-clause (3) above, the Lessee shall be entitled to sublet the whole or any part of the building for purpose of only ______________on a tenancy from month to month or for a term not exceeding five years.
(6) Whenever the title of the Lessee in the building is transferred in any manner whatsoever, the transferee shall be bound by all the covenants and conditions contained herein and be answerable in all respects therefor.
(7) Whenever the title of the Lessee in the building is transferred in any manner whatsoever, the transferor and the transferee shall within three months of the transfer, give notice of such transfer in writing to the Lessor.
In the event of the death of the Lessee, the person on whom the tile of the deceased devolves shall, within three months of the devolution, give notice of such devolution to the Lessor.
The transferee or the person on whom the title devolves, as the case may be, shall supply the Lessor certified copies of the document(s) evidencing the transfer or devolution.
(8) The Lessee shall from time to time and at all times pay and discharge all rates, taxes, charges and assessments of every description which may at any time hereafter during the continuance of this Lease be assessed, charged or imposed upon the building hereby demised or on the landlord or tenant in respect thereof.
(9) All arrears of rent and other payments due in respect of the plot thereby demised shall be recoverable in the same manner as arrears of land revenue.
(10) The Lessee shall in all respects comply with and be bound by the Chandigarh Lease-Hold of Sites and Buildings Rules, 1973.
(11) The Lessee shall not without the written consent of the Lessor carry on, or permit to be carried on, in the building any obnoxious trade or use the same or permit the same to be used for any purpose other than that for which this lease is granted or do or suffer to be done therein anything whatsoever which in the opinion of the Lessor may be nuisance, annoyance, or disturbance to the Lessor or persons in the neighbourhood or which may materially impair the utility or value of the property.
(12) The Lessee shall at all reasonable times grant access to the building to the Estate Officer for being satisfied that the covenants and conditions contained herein have been and are being complied with.
(13) The Lessee shall on the determination of this lease peaceably yield up the said buildings unto the Lessor.
III. If the yearly rent hereby reserved or any part thereof shall at any time be in arrears and unpaid within the period hereinbefore mentioned, the Lessee shall be liable to pay a penalty not exceeding 100 per cent (One hundred per cent) of the amount due which may be imposed and recovered in the manner laid down in section 8 of the Capital of Punjab (Development and Regulation) Act, 1952, as amended up to date, or if it is discovered that this lease has been obtained by suppression of any fact or by any mis-statement, misrepresentation or fraud or if there shall have been, in the opinion of the Lessor, whose decision shall be final, any breach by the Lessee or by any person claiming through or under him of any of the covenants or conditions contained herein and on his part to be observed or performed, then and in any such case, it shall be lawful for the Lessor, notwithstanding the waiver of any previous cause or right for re-entry in respect of the building hereby demised to re- enter upon the take possession of the buildings and fixtures thereon, and thereupon this lease and every thing herein contained shall cease and determine and the Lessee shall not be entitled to any compensation whatsoever nor to the return of any premium paid by him :
Provided that, notwithstanding anything contained herein, to the contrary, the Lessor may without prejudice to his right of re-entry as aforesaid, and in his absolute discretion, waive or condone breaches, temporarily or otherwise, on receipt of such amount and on such terms and conditions as may be determined by him.
1. No forfeiture or re-entry shall be effected until the Lessor has served the Lessee a notice in writing -
(a) specifying the particular breach complained of, and
(b) if the breach of capable of remedy, requiring the Lessee to remedy the breach, and the Lessee fails within such reasonable time as may be mentioned in the notice to remedy the breach if it is capable of remedy : and in the event of forfeiture or re-entry the Lessor may in his discretion relieve against forfeiture on such terms and conditions as he thinks proper.
1. In the event of any question, dispute or difference, arising under these presents, or in connection therewith (except as to any matter the decision of which is specially provided by these presents) the same shall be referred to the sole arbitration of the Chief Administrator or any other person appointed by him. It will be no objection that the arbitrator is a Government servant, and that he has to deal with the matters to which the Lease relates, or that in the course of his duties as a Government servant he has expressed view on all of any or the matters in dispute or difference.
The award of the arbitrator shall be final and binding on the parties.
The arbitrator may, with the consent of the parties, enlarge the time, from time to time, for making and publishing the award.
Subject as aforesaid, the Arbitration Act, 1940, and the Rules thereunder and any modification thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this Clause.
1. All notices, orders, directions, consents or approvals to be given under this Lease shall be in writing and shall be signed by such officer as may be authorised by the Chief Administrator and shall be considered as duly served upon the Lessee or any person claiming any right to the building if the same shall have been affixed to the building or shall have been delivered at or sent by post to the then residence, office or place of business or usual or last known residence, office or place of business of the Lessee or such person.
VII. All powers exercisable by the Lessor under this Lease may be exercised by the Chief Administrator. The lessor may also authorise any other officer to exercise all or any of the powers exercisable by him under this lease.
VIII. In this Lease the expression Chief Administrator means the Chief Administrator for the time being or, in case his designation is changed or his office is abolished, the officer who for the time being is entrusted whether or not in addition to other functions, with the functions similar to those of the Chief Administrator by whatever designation such office may be called. The said expression shall further include such officer as may be designated by the Lessor to perform the functions of the Chief Administrator under this Lease.
1. The expressions 'the Lessor' and 'the Lessee' hereinbefore used shall where the context so admits include in the case of the Lessor his successors and assigns, and in the case of the Lessee his heirs, executors, administrators or legal representatives and the person or persons in whom the lease-hold interest hereby created shall for the time being be vested by assignment or otherwise.
2. This Lease is granted under the Capital of Punjab (Development and Regulation) Act, 1952, as amended, the Chandigarh Lease-Hold of Sites and Buildings Rules, 1973, and Government Grants Act, 1895 (Act XV of 1895).
In witness whereof Shri _____________________for and on behalf of and by the order and direction of the Lessor has hereunto set his hand and Shri/Shrimati _________________the Lessee has hereunto set his/her hand the day and year first above-written.
Signed by Shri _________________ for and on behalf of and by the order and direction of the President of India (Lessor) in the presence of :
LESSOR (Estate Officer)
(1) Shri Signed by Shri/Shrimati LESSEE In the presence of -
(1) Shri (Full address) (Signature)
(2) Shri (Full address) (Signature) Form D [See Rules 12 and 22] Form of notice calling upon the Lessee for the payment of an instalment overdue To _______________________ _______________________ _______________________ Memorandum No.
Dated Chandigarh, the__________________19_____ Whereas the instalment of _______________due on the 10th of _______________19___ , has not been paid so far towards the premium/rent of the site/building No. ____________ situated in shopping centre ____________ Sector ____________ at Chandigarh.
Take notice, therefore, that, you may pay Rs. ___________as penalty besides the amount of instalment/rent stated above, on or before the ___________day of___________ 19__________ failing which the lease deed granted, - vide allotment/auction, dated ______________ in your favour will be cancelled and the amount already paid as premium or rent in respect of said lease shall be forfeited.
Issued under my hand and the seal, this ________________day of _________19______ Estate Officer, Chandigarh Administration.