State of Punjab - Act
Allotment/Transfer of Booths on lease-hold basis in Chandigarh Scheme, 1977
PUNJAB
India
India
Allotment/Transfer of Booths on lease-hold basis in Chandigarh Scheme, 1977
Rule ALLOTMENT-TRANSFER-OF-BOOTHS-ON-LEASE-HOLD-BASIS-IN-CHANDIGARH-SCHEME-1977 of 1977
- Published on 30 May 1977
- Commenced on 30 May 1977
- [This is the version of this document from 30 May 1977.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
The scheme, may be called the Allotment/Transfer of Booths on lease-hold basis in Chandigarh Scheme, 1977. It shall come into force at once.2.
In this scheme, unless the context otherwise requires:-3.
The Estate Officer subject to the control of Chandigarh Administration shall be responsible for the realisation of premium and ground rent and eviction of persons occupying the booths. The Estate Officer shall have the powers:-4.
5.
A person running the trade of Kabari in the temporary market of Sector 34-C shall not be allotted booths under this scheme unless the changes the said trade into a General Trade. In case he does not change his trade at the time of application he shall be shifted to a suitable site in the "Kabari Market".6.
The Estate Officer shall fix time and date for the actual shifting of the shopkeepers of the transit site, Sector 34-C, and shall publish a notice to this effect.7.
The eligible person shall furnish an application to the Estate Officer in form "A" appended to this scheme which will be supplied by Estate Officer on demand free of cost within 10 days of the publication of the notice. He shall also furnish an affidavit duly attested by a Magistrate Ist Class/Oath Commissioner affirming all facts which make him eligible for allotment of a booth.8.
Every lessee of temporary site/sites in transit site, Sector 34-C shall have to vacate the site within 30 days of the allotment of booth. He shall have to remove the malba and his belongings from the site at his own expense within the prescribed period. Any person who fails to vacate the site during the time specified in this behalf, shall be removed according to law.9.
The allotment of booths available in Sectors 7, 29, 30 and 35 shall be made to the applicants found eligible under this scheme by draw of lots.10.
The eligible applicants who are found successful after the draw of lots shall be issued allotment letter by the Estate Officer, Chandigarh in the prescribed form appended to this scheme. They shall be required to deposit, the amount of security equal to the amount of three equated monthly instalments of premium plus one more instalment of premium in advance with the Estate Officer, Chandigarh within 15 days of the receipt of allotment letter in case the allotment of booths are acceptable to them. In case an allottee fails to deposit the aforesaid amount within the prescribed period, his allotment shall be treated as cancelled.11.
The amount of premium as determined/fixed by the Government as well as the cost of construction of booths shall be recoverable in 144 monthly equated instalments together with interest accured thereon at the rate of 7 per cent per annum.12.
Every lessee of booth shall pay the monthly instalments of premium on or before the 10th of the month following the month in which it falls due according to the English calendar.13.
The lease shall commence from the date of allotment and shall be for a period of 99 years. After the expiry of the said period of 99 years the lease may be renewed for such further period and on such terms and conditions as the Government may decide.14.
In addition to the premium in respect of the booth site, the lessee shall pay ground rent as under:-15.
The lessee shall not assign his rights of lease and shall not sublet or otherwise transfer or part with possession of the booth or any part thereof.16.
A person has been allotted a booth under the scheme shall not transfer his rights of the lease in respect of it for a period 15 years from the date of allotment.17.
Booth shall be used exclusively for the trade for which it has been allotted and not for any other purpose.18.
The allottee shall not make any additions or alterations in the booth allotted to him.19.
The allottee shall conform to the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 and the rules framed thereunder.20.
After payment of first instalment of the premium and amount of security the lessee shall execute a lease Deed in Form "B" in such manner as may be directed by the Estate Officer within six months of the date of allotment or within such further period as the Estate Officer may, for good and sufficient reasons, allow.21.
The lessee shall bear and pay all expenses in respect of execution and registration of the Lease Deed including the stamp duty and registration fee payable therefor in accordance with the law in the force at the time of execution and registration.22.
In case an instalment of premium under Rule 21 is not paid by the tenth of the month following the month in which it falls due, a notice shall be served on the allottee calling upon him to pay the instalment within fifteen days together with penalty which may extend to ten per cent of the instalment payable. If the payment is not made within the said period or such extended period as may be determined by the Estate Officer, but not exceeding two months in all from the date on which the instalment was originally due, the Estate Officer shall cancel the lease and proceed to recover the outstanding amount as an arrears of land revenue.Form 'A'Application for allotment of a building site/building in ChandigarhToThe Estate Officer (Competent Authority),Chandigarh Administration.Sir,I/We ------------------- request that I/We may be allotted on 99 years lease-hold basis the building as stated below in Chandigarh:-| Sector | Size of site in Marlas or description of building | Number of site or building |
2. I/We am/are the bona fide shop-keepers of transit sites, in Sector 34-C and enclose herewith affidavit to this effect duly attested by a Magistrate of First Class. I/We do not own any commercial site/building in Chandigarh in my/our name or in the name of any members of my/our family,
3. Enclosed herewith is the amount of Rs. --------------------------- as earnest money, in the form of Demand Draft payable to the Estate Officer and drawn on ----------------- Bank situated at .......................
4. Mr/Our profession(s) is/are .................
5. I/We will pay the premium in prescribed instalments.
6. I/We have read and understood the terms and conditions on which the building is to be given on lease and I/We agree to abide by all these conditions as well as the rules under the Capital of Punjab (Development and Regulation) Act, 1952.
Signature(s) ............................(Block letters) Name(s)...........................................................DatedAddress .....................................................AffidavitI, ......................... son of ...................... resident of House No. ................., Sector ........................., Chandigarh, do hereby solemnly affirm and declare as under:-1. That I shall not sublet or transfer my rights under this lease directly or indirectly for the built-up booth allotted to me in Sector ..........., Chandigarh.
2. That I shall use the site for the trade for which it has been allotted.
3. That I shall abide by the terms and conditions of the lease and the provisions of the Capital of Punjab (Development and Regulation), Act, 1952 and the rules and amendments made thereunder.
4. That I do not own any property in my name and that of any member of my family.
DeponentDatePlace.VerificationI, .............. son of ....................... the above named deponent do hereby solemnly affirm and declare that my above affidavit it true to the best of my knowledge and belief and no part of it is false nor anything is concealed.Deponent.FormToSubject:- Allotment of booth at Chandigarh on lease Hold Basis.Memorandum1. Reference your application dated ............. for a booth.
2. A booth details whereof are given below is hereby allotted to you on lease-hold basis on the terms and conditions mentioned hereinafter:-
| Sector | Serial No. of booth | Area in Sq. Yards and Dimensions | Premium | Yearly rent for first 33 years | Trade |