Notifications and Qrders 663
2007aodNo. 26/&39-UTH(3)-2008Z2630, dated 8th April, 2008 and in exercise of the powers conferred by sub-section (2) of section 1 of the Capital of Punjab (Development and Regulation) Act? 1952 and all other powers enabling him in this behalf, the Administrator, Union Territory, Chandigarh, is pleased to notify that the provtsiorjs of the aforesaid Act shall extend only to the abadi area of villages Maloya, Palsona, Kajhcri, Dndumaj ra and Hallomajra.
It is clan fieri that the areas outside the Abadi area shall continue to bo con trolled by th© Punjab New Capital (Periphery) Control Act, 1952, (Pub fished fit Chandigarh Admbiistratton Gazette, (Extra), dt May 25, 2009)
(136) Terms and conditions regarding running of Institute in “Edu cation City17-Wlicreas the ChandigarhAr.1iriirik(i A( inn in FdriQation Department has decided to establish World Class Educational institutions and a project by the name '‘EducHlrcu City" lias been approved in institutional arda, Sarangpur, U. T., Chandigarh;
And whereas, die sites for educational institutions hnv9.bcen planned by the Department of Architecture and the intending licensees have nisei been short listed by the Education Department;
Therefore, in exercise of the powers conferred by sub-section (2} of section L ofthe Capitol of Punjab (D aval opm ent and Regulation) Act, 1952 as adapted by the Punjab ("Reorganisation) (Chandigarh) (Adaptation of Lows on State and Con current Subjects) Order, 19&H and nil other powers enabling him in this behalf, the Chief Ailniiitlslrakir, (Jnion Territory, Chandigarh is pleased to notify the area as shown in layout plan bearing Drawing No. 306, Job No. M-I6, dated 27th May, 2009 as Education City in the Union Territory, Chandigarh for granting license by the Education Department, U. T., Chandigarh to various organisations to estab lish, manage and run tlx educational institutions of excellence, to which the provi sions of the said Act of 1952 extends.
Further in exercise of the powers conferred under section 3 rood with sec tion 22 ofthe Capital of Punjab (Development and Regulation) Act, 1952, land measuring 8 B.29 acres (approx.) failing in the aforesaid Edu cation City shall stand placed at the disposal of Education Department, Chandigarh Administration for granting the license of various sites eontiarkod in the said city on the layout plan of the area to the beneficiary organisations to enable them to establish, manage and run the Institution on the following terms and conditions;—
1. Hie sites shall be leased out Initially for a period of 33 years on payment of I icons© fee for the purpose and on the terms and conditions as mentioned in lhe Agreement of License duly approved by Department of Finance to be executed between the licensee and the Licensor (copy enclosed as Annexure-A).
2. T1.C ownership of the land shall always remain wilh the Chandigarh Ad ministration and the licensee shall have no right to alienatejt further by way of sale, transfer gift, mortgage or in any manner.
3. The possession of the exact sile/plot as per zoning plan prepared by the Chief Architect to the licensee shall be handed over by the EUta to Officer on the basis ofan authority letter issued by the Education SecrctarytChandigarli Admin istration (Licensor) together with a copy of the Agreement of License so ex ecuted, The possession ofthe respective site/plot shall be decided by the Commit tee comprising Director Pub lie Instruct ions (3) Project Director. Assistant Estate Officer, Deputy.Town Planner and Executive Engineer nominated by the Chief Engineer,. I LT., Chandigarh to any licensee □□ per choice of the said -icensac and in case for a particular slte/plct choice is given by more than one licensee, the My Pc Text Box 664 Chandigarh Urban Development Laws possession of the said site/plot shall be decided by a draw of lots to be conducted by the committee.
4. That the license fee shall be charged on the basis of exact measurement of the site/plot being the size of the plot. The actual measurement may vary from plot/ site to plot/site. The license fee so determined by the Estate Office in terms of License Agreement shall be deposited by the Licensee through the Licensor with the Estate Officer and the Estate Officer shall maintain its record.
5. In case the licensee intends to terminate the license ofthe site before the expiry of the liccns^period, the licensee shall have to give 90 days clear notice under registered cover to the Licensor in writing. Similarly, the Licensor shall be competent to terminate the license of the site by giving similar advance notice.
The time period given to vacate the site can be extended by Chief Administrator at his sole discretion, keeping in view the running academic session.
6. In the event of the licensce/licensor intending to terminate the license, the licensee shall be at liberty to remove the articles and the super structure on the site within a further period of 60 days and hand over the vacant possession of the site to the Estate Officer free of all encumbrances.
7. In case the licensee docs not intend to remove the super structure, he can claim depreciated value of the same, which the Chandigarh Administration shall consider and pay either in lump sum to the licensee or in instalments not exceeding three, withoutany interest subject to availability of funds.
8. The depreciated value of the super structure shall be furnished by the licensee to the licensor with details, which shall be further verified and assessed by the Engineering Department of the Chandigarh Administration. In case of any difference of opinion, the matter shall be decided by the Finance Secretary and the decision of the Finance Secretary, Chandigarh Administration shall be final and binding on the parties.
9. The licensed site and building thereon shall further be subject totheprovisions of Capital of Punjab (Development and Regulation) Act, 1952 and rules framed thereunder.
ANNEXURE-A DEPARTMENT OF EDUCATION Agreement of License Whereas the Education City project has been envisioned by the Chandigarh Administration with a view to establish world class educational institutions of ex cellence in U. T., Chandigarh.
‘And whereas the Education City is a project which is both visionaiy and comprehensive in scope and aims at fulfilling the aims of training and educating young people in high-end areas which are needed in today’s context and also Keeping in mind fufnre projections. The atm is to make available adequate, quali fied and competent human resources in order to cater to the requirements of the knowledge Sector id'the coming years.
And whereas the vision of the Administration in setting up the Education City is to make available human resources for the growing economy, for equipping the youth of ChandigA'rh and the region with the skills required in today’s context.
The areas which arebeing focussed upon in the Education City arc those that are . rare in terms of available talent but which are urgently required in today’s context.
And whereas tljeChandigarh Administration plans to provide support, assistanceand low-cost, high class education to those who cannot afford to pay normal fees. The Education City would be based on the model that the economically Notifications and Orders 665* ■ weaker sections and flic disadvantaged would be provided with world-class edu cation at affordable rates. Equity will be translatcd/rcaliscd inter alia in the form of scholarships for committed, intelligent and pooryouth.
And whereas the Chandigarh Administration envisages that the Education City would be a world-class project with institutions of excellence in all areas of education, as per our future requirements. The Administration has also kept in view the fact that in today’s Fast changing world it is necessary that institutions should be flexible in their approach and should tie up with organisations or entities which are the end-users of the talent that they are producing, And whereas the Chandigarh Administration after following due procedure has selected eminent organisations providing such education and having past ex perience of managing such institutions of excellence. And whereas the Chandigarh Administration has decided to give on license sites of land in the Education City to these organisations.
And, therefore, in furtherance of the above objectives of the Chandigarh Administration, this agreement is executed on this...................between the Presi dent of India through Secretary Education Chandigarh Administration with postal address as 4th Floor, Deluxe Building, U. T., Secretariat, Secior-9, Chandigarh on the one part (hereinafter called the Licensor).
And ...... ......... ...............having its registered office at..................................... .......
(hereinafter referred to as the licensee which expression shall include their successors, representatives and assignee) of the second part (hereinafter called the Licensee).
1. In this agreement, unless the context otherwise requires, the following words and expressions shall have the meaning assigned to them as under:—
(i) ‘Chief Administrator’ means an officer appointed as such to perform the functions under the Capital of Punjab (Development a nd Regulation) Act, 1952. ■ " '
(ii) ‘Commencement date’ means the date of signing of this Agreement.
(iii) ‘Estate Officer’ means an officer appointed as such to perform the functions under the Capital of Punjab (Development and Regulation) Act, 1952. ..............
(iv) ‘Gross Revenues’ means the total receipts received or receivable on accrual basis from the licensed land in respect of and in relation to the utilisation oftlic licensed land and any othcramount received in relation to the Project along with all applicable taxes collected in respect ofthe same. For avoidance of doubt any fees collected from the users of the t Project towards operation and maintenance of the Project, shall be included in the Gross Revenues. .
(v) ‘License* means the permission granted by the Chandigarh Administration in Education Department to die Organisation (Licensee) to establish, manage and. run the Licensee Institute for a period of 33 years as per the terms of this agreement.
(vi) ‘ Licensee’ means the organisation managing/using the premises/institute building. ,
(vii) ‘Licensor* means the Chandigarh Administration in Education Department. . .
(viii) ‘License .Fee’ means the annual amount payable by the licensee in ■ ficuofusc and occupation ofthe land as per the terms of this Agreement.
Chandigarh Urban Development Laws fix) ‘Organisation’ means the entity with which the Agreement is being signed, and which lias been selected as perdue procedure and which would he the Licensee after signing the Agreement.
(x) ’Project’ means the construction, operation and maintenance of ths Educational Institute for the approved courses, as per the terms of this Agreement.
TERMS AND CONDITIONS OF LICENSE:
2. Possession •’Within three (3) months from die commencement date uf this agreement the Licensor shall cause the handing over ofthe possession ofthe site free from all encumbrances and occupation to the licensee from the Estate Officer.
3. Period - The period of license shall be 33 years initially, which may bo extended by 33 years at a time by mutual agreement between the Licenser and ths Licensee, subjeot to tlio Licensee’s right of first refusal and the Licensor’s appraisal ofthe performance ot the Institute as an institution of excellence and its will and ability io meet the obligations of social commitment as stipulated in this Agreement.
4. Building Plans.- The licensee shall submit-to the Chief Administrator, building plans of project within three (3) months from the date of delivery of possession. The Chief Administrator shall examine and approve tits building plans, with or without any moditlcat tensor changes, within a period of three (3) months thereafter,
5. Completion. - The licensee shall complete the building in all respects in . accordance with duly approved plans make the project fituc'.ionalwitli in 24 months from the date of sanction ofthe building plans.
6. Extension Fee* - In case the licensee fails to complete the construction of project witliia two years from the date of approval ofthe building plans, this period can be suitably extended by the Chief Adimuistmtor on the payment of such extension fee as determined by the Chandigarh Administration. Provided that no extension beyond a period oroneyear thereafter shall be granted.
7. Annual License Fee and Revenue Share. - The licensee shall pay annual license fee equal to Rs. 1.25 hr. per month per acre with effect from the commencement date and revenue sharing @ (3%) three percent of gross rev enue receipt during a financial yettr.'l he Revenue sharing shall be payable Trora tlie date of completion but not later than 24 months from the date of sanction of building plans. The annual license fee and other charaes shall h’f> 1™ th* Notifications and 9*ders 667
9. Penalty. - If the Licensee fails to pay license fee, revenue share and other charges by the month of April as required under clause 7 above, then inter est @ 10% per annum will be charged. In case the payment is not made by the month of June, penalty @ 10% per annum in addition to interest shall be charged.
10. Cancellation of License. - If the Licensee fails to pay annual license fee and/or revenue share and/or other charges and/or interest and/or penalty, the Licensor may after giving reasonable opportunity, cancel the license and take over possession ofthe project
11. MaintCDancc/Ucvclopnicnt Charges. - The Licensee shall be liable to pay charges for maintenance, development of common infrastructure and ameni ties as determined by th© Chief Administrator from time to time.
12. Taxes/Fecs. - The Licensee shall be liable to pay any or ail such fee(s), cesses, tax(es) etc. as may be levied by any Government or Authority which is competent to levy such taxes/fee, cesses, etc.
13. Applicability of Lnws and Directions. - The Licensee shall abide by the prevailing laws and any directions issued by the Chief Administrator or the Estate Officer from time to time.
14. Affillation/Recognition/Approval, etc. - The Education City being a project envisioned by the Chandigarh Administration, and proposed to be set up on land be longing to the Administration on the basis ofthe Public-Private Partnership model, the Licensor will fully back the Licensee in its efforts to get the requisite recognition/affiliatioti/approval etc. from lhe concerned apex statutory bod ics such as the UGC, AICTE, etc. so that the Institutes) can be established and made operational at the earliest.
15. Access to Licensed Land.-
(a) lit consideration ofthe Licensee agreeing to perform and discharge its obligations as set forth in this Agreement, the Licensor hereby agrees to grant to th© Licensee, the exclusive right to enter upon, occupy and us© the Licensed Land forth© purpose of implement ing the Project in a ccordanc© w ith th is Agree me n t. /
(b) The Licensee shall at its costs, charges and expenses, be obligated to make such development and improvements in the Licensed Land as may be necessary or appropriate for development of the Project with the prior approval ofChicf Administrator.
16. Use of Licensed I,and. - The Licensee shall not without the prior consent or approval ofthe Chief Administrator use lhe Licensed Land for any purpose other than for the purposes of developing the Project as hereby permitted und for purposes incidental thereto as permitted under Chis Agreement or as may oLherwis© be approved in writin,
17. Acceptance or the Licensed Land. - The license© hereby agrees to accept the permission to access and use the Licensed Land on ‘as is where is* basis.
18. Peaceful Occupation. - The Licensor warrants that the License© shall, subject to complying with th© terms and conditions of this Agreement, remain in peaceful occupation and enjoyment of the Licensed Land for the License period of 33 years as per the terms of this Agreement.
19. Termination of License.-
(a) In case the licensee intends to terminate the license of the site before the expiry of the license period, the licensee shall have to give 90 days .clear notice under registered cover to the Licensed in writing. Similarly, 668 Chandigarh Urban Development Laws the Licensor shall be competent to terminate the license ofthe site by giving similar advance notice. The time period given to vacate the site can be extended by Chief Administrator at his sole discretion, keeping in view the running academic session.
(b) In the event of the licensee/Iicensor intending to terminate the license, the licensee shall be at liberty to remove the articles and the super structure on the site within a further period of 60 days and hand over the vacant possession of the site to the Estate Officer free of all encumbrances.
(c) In case the licensee does not intend to remove the super structure, he can claim depreciated value of the same, which the Chandigarh Administration shall consider and pay either in lump sum to the licensee or in instalments not exceeding three, without any interest subject to availability of funds.
(d) The depreciated value of the super structure shall be furnished by the licensee to die licensor with details, which shall be further verified and assessed by the Engineering Department of the Chandigarh Administration. In case of any difference of opinion, the matter shall be decided by the Finance Secretary and the decision of the Finance Secretary, Chandigarh Administration shall be final and binding on the parties.
(c) The licensed site and building thereon shall further be subject to the provisions of Capital of Punjab (Development and Regulation) Act, 1952 and rules framed thereunder.
20. Submission of Accounts. - The Licensee shall provide un-audited ac counts to the Licensor before the expiry of four weeks immediately following September and March each year after the Agreement Date. The revenue sharing as contemplated under Clause 7 shall be calculated on the basis of such un-au dited accounts. After the audit of the Licensee’s accounts on an annual basis, discrepancies if any between the un-audited and audited figures shal I be adjusted.
2L Monitoring Committee. - There shall be a Monitoring Committee appointed by the Administrator, U. T. Chandigarh, to ensure that the organisation comes out as mandated by this agreement and also to monitor the functioning of the project from time to time and issue such directives as required from time to time. The 1 icensee shall be bound to implement the directions issued by the Moni toring Committee. The Monitoring Committee shall be headed by the Education Secretary and shall consist of Finance Secretary, other officials of Chandigarh Administration, independent and eminent experts from relevant fields and also representatives of educational institutions which shall come up in the Education City. An officer ofthe Administration shall be its Member Secretary. A proper record of the proccedings/decisions or directions ofthe Monitoring Committee shall be maintained.
22. Education for the Disadvantaged. -Chandigarh Administration plans to provide support, assistance and low-cost, high quality education to those who cannot afford to pay normal fees. The Education City would be based on the model that the economically weaker sections and the disadvantaged would also be provided with world-class education at affordable rates. Equity will be translated/realised inter alia in the form of scholarships for committed, intelligent and poor youth. Each institute in the Education City will provide fee subsidy and other benefits as per clause 20 to at least 15% of the students based on economic criteria.
Notifications and Orders 669 f
23. Social Commitment. - The social commitment of a Licensee must be commensurate with the aims and objects of the Administration in setting up the Education City. Without prejudice to the generality of such commitment and the power of the Monitoring Committee to issue any directions to the Licensee in aid and fulfilment thereof, the Licensee shall meet such social commitment in particu lar through the following measures:—
(i) Reservation of at least fifteen percent (15%) of the seats for students from economically weaker sections. The economically weaker sections shall be determined on the basis of criteria determined by the Chandigarh Administration from time to time,
(ii) Creating special facilities for physically handicapped students.
(iii) Instituting scholarships for outstanding students including those from economically weaker sections.
24. Performance Review. - The Monitoring Committee would review the working of the Institute at least once a year and the findings of such a review, factually sustained and duly reasoned, shall be communicated to the Institute for remedial measures, if any.
25. Responsibility. - The Chandigarh Administration shall not be respon sible in any manner whatsoever for any toss caused to the property of the Lic ensee by fire, floods, explosion, war, internal rebellion or unrest, strike or agitation, embargo by civil or military authorities, any act of God, act of omission of carriers or any other such or similar causefs).
26. Necessary Approvals. - The Licensee shall obtain all necessary ap provals from the Ministry of Commerce, Ministry of Finance and Department of industrial Development (if foreign funds are invested in the Project), Ministry of Environment and Forests, Government of India and other statutory authorities, and such other approvals and permits as may he needed for the construction/ operation of the Project.
27. Violations. - The Licensee shall not carry out any activity that may be considered detrimental ofthe interests ofthe Licensor and shall make their pre mises available for inspection by any authority empowered by the Licensor or the Government of India/Statc Government or any of its agencies. Any gross or fun damental violation by the Licensee shall render this Agreement liable for termina tion. However, a notice, of 30 days shall be given to the Licensee for remedying the breach. Depending on the nature and seriousness ofbrcach/violation, the Lic ensee may apply for extension of time for remedying such violation, which shall be examined ori merits by the Licensor. Failure to remedy the breach/violation, within such extended period, shall render this Agreement liable for termination, without any claim on the part ofthe licensee or other authorised agents.
28. No Hindrances. - The Licensee shall not create any hindrance, distur bance, obstruction or impediment in or in respect of any other development activ ity that the Licensor may undertake in and around the Licensed Land during the Development Period and thereafter.
29. Documentation. - Unless otherwise expressly provided in this Agree ment, any documentation required to be provided or furnished by the Licensee to the Licensor and/or the external auditor shall be provided free of cost and in three copies and if the Licensor and/or the external auditor are required to return any such documentation with their comments and/or approval, they shall be entitled to retain two copies thereof.
30. Ownership. - The ownership of the land shall vest wholly in the Chandigarh Administration for all intents and purposes. The Licensee shall hand 670 Chandigarh Urban Development Laws over vacant pcncefhl physical possession ofthe site alongwith immovable tnfraslrncture Io lhe Chandigarh Administration th rough Estate Officer after the comple tion of tite license period or cancel iation/tarmi nation ofthe license, as the case may be.
31. No Encumbrances. - The licensee shall not be entitled to create any encumbrances whatsoever as security of any kind in respect of the Project in favour ofany other Person for securing any repayment obligation or otherwise of the Licensee.
32. Gross Revenues. - Tlie Licensee shall ensure that the Gross Rev enues shall be accounted for and reflected in the books of account of the Lic ensee and the same shall not be appropriated, adjusted, retire led in the books of account cf any other person whatsoever.
33. Misuse - The site shall be used for the designated purpose and related activities and not for any other activity/purpose. In cased breach ofrules/ter ms and conditions the site shall be resumed by the Chandigarh Administration.
34. Disputes. - Any dispute arising between the licensee and die Chandigarh Administration shall be subject to the jurisdiction of Courts of Union territory, Chandigarh, In witness whereof both the parties here to have put their signature/s&ai o.i this ............... day of............... .,..2009.
Secretary Education, Chandigarh Administration, (For and on behalf of the President of India) Witnesses:
Name and Address
1.. ........................... Signature........... . .............
2.. ........................ Signature.,...........
Authorised Siguafoiy (For and on behalf of the Licensee) Witnesses;
Name and Address L(......... .. ........ ....... Signature....................... .
2.. *..., ....... . Signature i........r (Published in Chandigarh Administration Gazette, (Exira.), dated 29-7-2009 at page 1392)
(137) [diplementation of Chandigarh Advertisement Control Order, 1954 - No. 10/3/2-UTFJ(l >2009/5253.—In exercise ofthe powers conferred by sub‘section (2) of Section 21 ofthe Capital of Punjab (Development and Regula tion) Acr, 1952 and all other powers enabling me in this behalf, I, Sanjay Kumar, LA.S-, ChlefAdminisiratar, Union Territory, Chandigarh, hereby delegate powers . exercisable by me under clause 4(2)(3) and under clause 5 of the Chandigarh Advert! seme nt Co ntrol Order,! 95 4 to Shr i Kam lesh Kumar, HCS, Ass istant Com- ^..jmissioner, Municif>at Corporation, Chandigarh, He will strictly implement the ■l^^^tand^arh Advertisement Control Order, 1954. He is also authorized to receive rip>1icatjcr.s, process them and put up to the Chief Administrator for grant of formal approval under the said Order of 1954. (Published in Chandigarh Ad ministration Gasotte, (Exira,), dated 4-8-2009 at page 1413) My Pc Text Box NOTIFICATIONS AND ORDERS01 92.pdf NOTIFICATIONS AND ORDERS01 93 NOTIFICATIONS AND ORDERS01 94 NOTIFICATIONS AND ORDERS01 95 NOTIFICATIONS AND ORDERS01 96 NOTIFICATIONS AND ORDERS01 97 NOTIFICATIONS AND ORDERS01 98 NOTIFICATIONS AND ORDERS01 99