(i) A person aggrieved by an order of termination of license passed by the Competent Authority under the Scheme shall be entitled to file an appeal before the Chief Administrator within 30 days from the date of Communication.
(ii) The Chief Administrator may after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such orders as deem fit.
(iii) Where the person is aggrieved by the order of the Chief Administrator deciding a case under appeal, he may within 30 days from the date of communication to him/her of such decision, may file revision petition Licensing of Bare Booth Sites/Built up Booths to 557 the Persons with Disabilities Scheme, 2009 against the said decision and the Revisional Authority may confirm alter or rescind the decision of the Chief Administrator.
“FORMA” Application form for Licensing of Bare Booth Sites/Built up booths to the persons with disabilities Photo To / The Competent Authority, U. T., Chandigarh.
Subject:- Licensing of Bare Booth Sites/Built up booths to the persons with disabilities.
Sir, In response to press notice appeared on................. I hereby apply for allotment of bare booth sites/built up booth on license basis under the scheme called “Licensing of Bare booth Sites/Bui It up booths to the Persons with Disabili ties Scheme, 2009”. Necessary particulars are given below:—
(a) Name in block letters
(b) Father’s/Husband’s Name
(c) Age
(d) Complete residential Address
(e) Permanent Address
(f) Family Monthly Income from all sources
(g) Percentage of disability
2. It is certified that I or my family member do not own any commercial site/ building anywhere in the country. .
3.1 am not employed in any Government/Semi-Government Organisation/ Civic Body/Bank/Public Sector Undertaking etc.
4. That I am a bona fide resident of Chandigarh for the last five years as on the appointed date. Attested copy of residence proof is attached herewith.
5.1 enclose herewith an affidavit duly attested by the Magistrate affirming all facts stated above and also indicating that the applicant is entitled for the Li censing of Bare Booth Sites/Built up booths under this Scheme.
6. Two copies of passport size photos, duly attested by a Magistrate, are also sent herewith. One copy of photo has been pasted above.
7.1 enclose herewith attested copy of Disability Certificate issued by the competent authority.
8. The undersigned has read and understood the terms and conditions on which the bare booth sites/built up booths to the persons with disability is to be allotted on license basis. I agree to abide by all the terms and conditions as men tioned in the “Licensing of Bare Booth Sites/Built up booths to the Persons with Disabilities Scheme, 2009” and shall also conform to the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 and Rules made thereunder from time to time.
Yours faithfully.
Dated...................... (Signature of the applicant) 568 Licensing of Bare Booth Sites/Built up Booths to the Persons with Disabilities Scheme, 2009 FORM “B” AFFIDAVIT I,........... ...... son of.......................... resident of House No.................... ....... , Sector ....................................... Chandigarh, do hereby solemnly affirm and de clare as under:—
1. That the particulars, given in my enclosed application are true and correct.
2. That I have completed 18 years of age on the appointed day and am a disabled person with disability of....................... percent and is eligible for Licensing of bare booth sites/built up booths under the Licensing ' of bare booth Sites/built-up booths to the Persons with Disabilities Scheme, 2009.
3. That I or any of my dependent family member or spouse do not own any commercial site, booth or any commercial building industrial site/ industrial shed/rehri site or rehri elsewhere in the country^ ;
4. That my family monthly income from al 1 sources does not exceed Rs. ;
1,00,000 (Rupees one lac only) per annum.
5. That I am not employed anywhere in Government/Semi-Government • Organisation/Civic Body/Bank/Public Sector or any other Undertaking *, etc.
6. That I am a person with disability as defined in the Persons with Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act, 1995. Copy of Certificate issued by the competent authority of Chandigarh Admin istration is enclosed herewith.
7. That I clearly understand that the allotment shall be made on license basis for a period of fifteen years on license fee of Rs. 500 per month with an increase of 5% per annum.
8. That I shall abide by the terms and conditions of the Scheme formulated/ notified for the Licensing of bare booth sites/built-up booth and i provisions of the Capital of Punjab (Development and Regulation) Act,..
1952 and “Licensing of bare Booth Sites/Built up booths to the Persons with Disabilities Scheme, 2009.1 shall pay the license fee as fixed by the Chandigarh Administration/Competent Authority from time to time.
9. That I shall pay monthly rent in advance by the 1 Oth of every month or annually in lump-sum for entire year by 1 Oth January of every year. In the event of my failure to do so, license of bare booth sites/built up booth in my name is liable to be revoked.
10. That I shall execute the License Agreement/Deed of License or any ■ other document required by the Competent Authority, at my cost and *M expense and all charges payable thereon including registration charges, if any, shall be borne by me.
11. That I shall not assign my rights in the licence directly or indirectly and , shall not alienate, sublet, mortgage, part with, the possession or enter into a partnership with any one else to run my business in the said bare booth sites/built up booth.
12.1 shall not make any addition, alteration or amalgamation in the site/ booth allotted to me on licence basis.
Place:
Dated:
•4?
Deponent 569Licensing of Bare Booth Sites/Built up Booths to the Persons with Disabilities Scheme, 2009 Verification:— I, the aforesaid deponent do hereby further declare that the particulars fur nished above are true to the best of my knowledge and nothing has been con cealed therein.
Deponent (To be attested by a Magistrate) FORM «C” LICENCE AGREEMENT/DEED OF LICENCE FOR ALLOTMENT OFBARE BOOTH SITES/BUILT UP BOOTH TO THE PERSONS WITH DISABILITIES ON LICENSE BASIS This agreement is made on this....................day of........................between the President of India acting through Estate Officer, Union Territory, Chandigarh (hereinafter called the Licensor) of the one part and Sh.............................son of.................... Sh......... ..........resident of..................................... Chandigarh here inafter called the licensee (which expression shall unless inconsistent with the context includes heir, successors and representatives) of the second part.
Whereas a bare booth sites/built up booth described in the schedule hereto annexed (hereinafter called the bare booth sites/built up booth) and intended to be hereby given on monthly licence fee basis is owned by the Licensor in full propri etary rights;
And whereas the Licensor has agreed to allot the said Bare Booth Sites/ Built up booth on monthly license fee basis.
Now, therefore, this License Agrcement/Deed of Licence witnesseth as follows:—
1. The Licensor hereby allot to the licensee the said Bare Booth Sites/Built up booth be held the same by the licensee, subject to the exceptions, reservations, conditions and covenants hereinafter contained and each of them.
2. The licensee shall abide by the provisions of the Capital of Punjab (Devel opment and Regulation) Act, 1952 and the rules made hereunder from time to time.
3. The licensee has paid the license fee of Rs. 5'00 as monthly license fee for the month commencing on.....................in advance on the date of this agree ment (the receipt whereof Licensor hereby acknowledges). The licensee shall hereinafter pay to the licensor for the use of the said Site/Booth the total amount of monthly license fee as determined under clause 9(i) of the scheme on or before the 10th day of the following month in which it falls due.
4. In case the licensee makes default in the payment of the monthly license fee, as agreed or any other charge due from him/her or fails to comply with any of the conditions contained in this agreement the licensor may, after giving reason able and adequate opportunity, cancel the license. In that event the licensor shall be entitled to cancel the license and take possession of the said Bare Booth Sites/ Built up booth and the licensee shall give free access to the licensor for such purposes and the licensor shall not be liable to the.licensee for action in any man ner whatsoever. The Licensor, in such an event, shall also be entitled to recover from the licensee all the dues of monthly licence fee alongwith penalty, as pro posed in the Scheme as arrear of land revenue.
5. In case the licensee desires to surrender the licence, he should vacate the premises and hand over the vacant Bare Booth Sites/BuiIt up booth to the compe tent authority after paying the dues up to date.
570 Licensing of Bare Booth Sites/Built up Booths to the Persons with Disabilities Scheme, 2009
6. The said Bare Booth Sites/Built up booth shall not be liable to attachment or sale by any process under any law.
7. The licensee shall pay all general and local taxes and cesses being im posed to be imposed in future on the said Bare Booth Sites/Built up booth by the Government/Competent Authority from time to time.
8. The licensee shall not keep or store empty packing cases or baskets or any goods or any other material on the road or the open space around the platform and shall also not use the roof for any such purpose.
9. The 1 icensee shal 1 not make any addition or alteration or amalgamation in the Bare Booth Sites/Built up booth.
10. No obnoxious trade shall be carried on or allowed to be carried on in the said Bare Booth Sites/Built up Booth. The Bare Booth Sites/Built up Booth shall be used exclusively for the purpose and trade for which it was allotted no other purpose shall be allowed. No water connection shall be claimed or provided at the said Bare Booth Sites/Built up Booth.
11. The licensee shall at all times keep and maintain the said Bare Booth Sites/Built up Booth in a proper state of cleanliness to the satisfaction of the Competent Authority or his officers and servants duly authorised by him in this behalf.
12. The licensee shall not sublet the said Bare Booth Sites/Built up booth or any part thereof transfer directly or indirectly his/her rights against the scheme.
Executing into partnerships for running business on the said Bare Booth Sites/ Built up booth shall be construed as subletting.
13. The area in front of the said Bare Booth Sites/Built up booth shall not be encroached upon and used or allowed to be encroached upon or used for any purpose other than a public passage.
14. On the termination of this license, Agreement/Deed of License, the lic ensee shall deliver vacant possession of the said Bare Booth Sites/Built up booth to the licensor.
15. The Licensor may, through his officers and officials, at all reasonable times and in a reasonable manner after reasonable notice in writing, enter in the
(sic) upon any part of the structure built up on the site for the purpose of ascer taining that the lessee is duly observing the terms and conditions of this agree ment. Ordinarily 24 hours notice will be deemed to be reasonable notice.
16. The Licensor shall have full right, power and authority at all times to do through his officers or officials, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms and conditions and reservation .herein contained and to recover from the licensee the cost of doing any such act or thing.