q I;-' CHANDIGARH ADMINISTRATION FINANCE DEPARTMENT NOTIFICATION No 3370-UTFI(3)-2009/ Dated, the 2.3.2009 Whereas a scheme known as “The Chandigarh Allotment of Land to the Persons with Disabilities Scheme, 2001" was notified by the Chandigarh Administration for the preferential allotment of land to the persons with disability in the Union Territory of Chandigarh as required in Section 43 of “The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995” And whereas in view of the representations received by the Administration in this regard, the Chandigarh Administration is of the considered opinion that a scheme for persons with disabilities is required to be formulated.
Now, therefore, in exercise of the powers conferred by Sections 3 and 22 of the Capital of Punjab (Development and Regulation) Act, 1952 and the rules made thereunder, the Administrator, Union Tenitoiy, Cllandigarh hereby makes the foilowing scheme for the allocation of bare booth sites/built up booths to the persons with disabilities in the Union Territory of Chandigarh, namely:- 1- The scheme will be called the “Licensing of bare booth Sites/Built up Booths to the Persons with Disabilities Scheme, 2009.” 2 It shall come into force from the date of its publication in the Chandigarh Administration Gazette.
3 ln this Scheme unless the context otherwise requires, - All words and expressions used in the scheme shall have same meaning as assigned to them in the Capital of Punjab (Development and Regulation) Act, 1952, and the rules made thereunder:- Scanned with CamScanner
(i) “Allotment" means allotment of bare booth srte/bu:lt up booth,
(ii) “Appointed Day" means the day on which notice inviting applications for allocation of bare booth site/built up booth under the scheme is published in the newspaper
(iii) "Competent Authority" means the Estate Officer appointed under rhe Capital of Punjab (Development and Regulations) Act, 1952 or any other officer appointed by the Chandigarh Administration under th'S Scheme.
(iv) “License" means a license in Form ’C’ appended to this Scheme.
(v) “Nodal Agency/Officer” means the Director Social i Welfare or any other officer duly appointed by the j Administration as such;
(vi) "Persons with Disability" shall have the same meaning as defined in the Persons with Disabilities (Equal Ooportunities, Protection of Rights and Full Participation) Act, 1995;
(vii) “Prescribed mode of payment" means payment through demand draft of any scheduled bank drawn in favour of Estate Officer at Chandigarh.
4. o Eligibility:- An unemployed person with disability of not less than 40% shall be eligible for grant of license under this scheme if>
(i) the applicant ts a t onafide resident of Chandigarh and has continuously resided in Chandigarh for the last five years as on the appointed day for which he/she shall have to furnish sufficient proof;
(ii) the applicant has attained the age of 18 years on the appointed day for which he/she shall have to furnish sufficient proof;
•he applicant does not own any commercial srto/bundmg m his/her name or In the name of
(iii) Scanned with CamScanner his/her spouse or any dependent family member anywhere in the India,
(iv) the applicant possess a certificate with regard to his disability as defined in Persons with Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act. 1995 duly issued by the Competent Authority of Chandigarh Administration,
(v) annual family income of the applicant does not exceed rupees one lakh for which he/she shall have to furnish an affidavit duly attested by the Executive Magistrate. Chandigarh to this effect
5. Criteria for Allotment:- Depending on the availability of the bare booth sites/built up booth, first preference shall be given to the applicants with disability of 80% and above followed by those with disability between G0% and 80% and thereafter, those with disability between 40% and 60% shall be considered.
6. Procedure for allocation
(i) (a) The applicant shall submit only one application in response to the advertisement to the Nodal Officer in Form ‘A’ alognwith the affidavit in Form B’ appended to this scheme within the stipulated period.
Applications submitted in response thereof under this Scheme shall only be entertained and considered.
(b) In case of persons with mental disability, the application can be made by a Family Member or by a Guardian duly appointed as such by the Court, Collector or Local Level Committee constituted for the U.T. of Chandigarh, as the case may be.
Scanned with CamScanner (It) Applications so received thereafter screened by the Screening Committee of the following - shall be comprising a) Additional Deputy Commissioner Chairman Chandigarh b) Direcior Social Welfare Member Secv U.T. Chandigarh c) Assistant Estate Officer, Member Chandigarh.
d) A rep'esentative of Finance Member Department.
(iii) After screening of the applications, the Screening Committee shall cause a list of successful applicants displayed on the notice board of the office of Director, Social Welfare and send a copy to the Estate Officer
(iv) If the number of successful applicants happens to be more than the number of available bare booth sites/built up booths, the license shall be granted by draw of lots.
(v) The Estate Officer shall thereafter, issue letter of license in F orm ‘D’ appended to the scheme to the successful applicants after receiving intimation from the Director Social Welfare (Nodal Officer) and the said intimation will be based upon the recommendations of Screening Committee.
(VI) In the case of disabled married couples and in the event of finding both the spouses successful by the Screening Committee, a joint allocation of bare booth site/built up booth will be made in their favour,
(vii) In case of persons with mental disability, the allocation shall he made jointly in the names of the mentally disabled person and the person who applied on his/her behalf, as the case may be.
Scanned with CamScanner The licensee shall execute an agreement in Form C' appended to this Scheme within a period of 30 days from the date of issue of license letter or within the extended period as the Estate Officer may prescribe.
The licensee shall bear and pay al! expenses in respect of execution and registration of the License Agreement including the stamp duty and registration fee payable thereupon in accordance with law in force at the time of execution and registration.
8 Commencement and Duration of License The period of license shall commence from the date of issue of letter in form 'D' or as determined by the Chandigarh Administration. The License shall initially be for a period of 15 years and the licensee is required to pay Rs.500/- per month as license fee. There will be an annual increase of 5% of license fee. After the expiry of 15 years, the licensee will be allowed to either get the built up booth site allotted in his favour on the terms and conditions as specified by the Administration or to get the license renewed on the terms and conditions mutually agreed between the parties.
9. Payment of license fee and consequences of its Non Payment:- i) Every successful applicant shall be required to deposit the monthly license fee of Rs. 500/- which shall be payable in advance by the licensee on or before the 10th day of the month in which it falls due.
ii) In case of delay in payment of license fee, the licensee shall have to pay simple interest @ 2% p.m. from the date it became due till the date it is actually paid by the licensee.
iii) In case of default of payment of the license fee alongwith the interest for three consecutive months, the license Scanned with CamScanner shall be terminated immediately without any further notice f0 the licensee.
10 Terms and conditions of License- Or provided if (0 The licensee shall not assign his/her right in the license and shall not sublet, transfer or otherwise part with possession of the bare booth site/built up booth in any manner.
Execution of General Power of Attorney, Special Power of Attorney, Win Or Partnership deed in respect of the «e/booth shall be construed as transfer.
m the event of the death of the licensee the teoa, be e„dtW for fresh ficense. However the 9rZ «rse shall be at lhe sole discretion of the competent a th ^to'-™^eW#yco„dfc„sas^^ the Scheme. Further it Is dented in ,te eve„ * UMer handicapped licensee the stetooth e ‘k’"’ * "* Estate Officer for its aflocatiotVallotment J “** ^9edpemo„foundeWtefor^—ermenta, on in*° The licensee Sha|i n (W) Tah79amati°n in the b0°th licXd to? additi°nS- The expenditure on 3 hlm/her ran or p,oiM. 6 e'°r SWdsoran, °re empty
(viii) T pace around e ,[censee shait the s’te/booth tn h 1 at a" tifnec l ol’»«cMw. Ir°P6rSte'e"’«ea„hriKs“"W "*W> tOthesatiSfact(On Scanned with CamScanner Scanned with CamScanner
(iii)
(iv)
(v) That the licensee has not breached any othe, edition o*the license That the licensee is ready to pay the cost of booth which shall be U0% of the then prevailing market value of the booth or at such rate which may be fixed by the Administration in the manner as prescribed The transfer shall be allowed by the Estate Officer after the completion of the formalities as may be prescribed.
^3 Appeal arid Revision - 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, very 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 against the said decision and the Revisional Authority may confirm, alter or rescind the decision of the Chief Administrator.
(SANJAY KUMAR) , Finance Secretary, Chandigarh Administration Scanned with CamScanner