State of Punjab - Act
Allotment/Transfer of built up Booths on lease hold basis in Chandigarh Scheme, 1993
PUNJAB
India
India
Allotment/Transfer of built up Booths on lease hold basis in Chandigarh Scheme, 1993
Rule ALLOTMENT-TRANSFER-OF-BUILT-UP-BOOTHS-ON-LEASE-HOLD-BASIS-IN-CHANDIGARH-SCHEME-1993 of 1993
- Published on 1 January 1993
- Commenced on 1 January 1993
- [This is the version of this document from 1 January 1993.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
2.
In this scheme, unless the context otherwise requires:-3.
The Competent Authority subject to the control of the Chandigarh Administration shall be responsible for the realisation of premium and ground rent and eviction of unauthorised persons occupying the built up booth. The Competent Authority shall also have the powers:-4.
The allotment/transfer of built-up booth on lease hold basis shall be made to the shopkeepers of Attawa Market (now Sector 42-B and Sector 43-A), subject to the following conditions, namely:-5.
A person running the trade of kabari in the temporary market of Attawa shall not be allotted built-up booth under the Scheme unless he changes the said trade into a General Trade.6.
The eligible persons shall submit an application to the Competent Authority as prescribed under this scheme which will be supplied by the said Authority on demand, free of cost. He shall also furnish an affidavit duly attested by a Magistrate of Ist Class affirming all the facts which make him eligible for allotment of built-up booth.7.
The allotment of built-up booth will be made to the eligible persons under this scheme by draw of lots.8.
The Competent Authority shall fix time and date for the receipt of application form, for allotment of built-up booth. No application shall be entertained after the expiry of the stipulated period.9.
The eligible applicants who are found successful after the draw of lots shall be issued allotment letters by the Competent Authority in the prescribed form appended to this scheme.10.
The applicant shall, however, deposit earnest money at the rate of 10% of the premium at the time of application.11.
The allottee shall deposit 15% of premium within 15 days of receipt of allotment letters to be issued by the Competent Authority to complete 25% of the premium of built-up booth. In case the allottee fails to deposit the aforesaid amount within the stipulated period, his allotment shall be treated as cancelled.12.
In addition to payment of 25 per cent premium under Columns 10 and 1, the remaining 75% of premium shall be recoverable in three equated, yearly instalments alongwith interest at the rate of 16% per annum.13.
The lessee of built-up booth shall pay the equated instalment of premium on or before 10th of the month following the year in which it falls due.14.
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 decide.15.
In addition to the premium, in respect of the built-up booth, the lessee shall pay ground rent as under:-16.
The lessee shall not assign his rights or lease and shall not sublet or otherwise transfer, part with possession of built-up booth or any part thereof.17.
18.
The built-up booth shall be used exclusively for the trade for which it has been allotted and not for any other purpose.19.
The allottee shall not make additions or alterations in the built-up booth allotted to him without prior permission of the Competent authority.20.
The allottee shall abide by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 and the rules framed thereunder from time to time and terms as contained in the allotment letter.21.
The lessee shall execute a lease deed in form "C" in such manner as may be directed by the Competent Authority within 6 months of the date of allotment or within such further period as the Competent Authority may, for good and sufficient reasons, allow.22.
The lessee shall bear and pay all expenses in respect of execution and registration of the deed including the stamp duty and registration fee payable thereon in accordance with the law in force at the time of execution and registration.23.
The expenditure on supply of electric connection shall be borne by the allottee and he shall pay electricity charges in accordance with the rules of the Electricity Department, Chandigarh Administration.24.
The allottee/lessee shall not keep or store empty packing cases or basket or goods or any other material on the road or projection of booth or in the open space around the booth.25.
The allottee/lessee shall at all times keep and maintain the booth in a proper state of cleanliness to the satisfaction of the Competent Authority.26.
The Competent Authority may through his officers and official at all reasonable times, in a reasonable manner, enter in or upon any part of the booth for the purpose of ascertaining as to whether the allottee has duly observed the conditions of the allotment.27.
In case instalment of premium under rule 13 is not paid by the allottee 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 decided by the Competent Authority, but not exceeding two months in all from the date on which the instalment fell due, the Competent Authority shall cancel the lease and proceed to recover the outstanding amount as an arrears of land revenue:Provided that no order cancelling the lease shall be passed unless the lessee has been given a reasonable opportunity of being heard.28.
29.
The Competent Authority may issue such orders, instructions, directions from time to time which it considers necessary for the achievement of the objectives of this Scheme.Form AApplication for allotment of Booth in ChandigarhToThe Estate Officer (Competent Authority)Chandigarh Administration.Sir,I/We ..... request that I/we may be allotted on 99 years lease hold basis a built-up booth in Chandigarh.2. I/We am/are the bonafide shopkeepers of village Attawa (now Sector 42-B and 43-A), Chandigarh and enclose herewith an affidavit to this effect duly attested by a Magistrate of Ist Class. I/we do not own any commercial site/building in Chandigarh in my/our name or in the name of any member of my/our family.
3. Enclosed herein with is the amount of Rs..../as earnest money in the form of demand draft payable to the Competent Authority and drawn on ....bank situated at ...
4. My/our profession(s) is/are...
5. I/We will pay the premium in prescribed instalments.
6. My name figures in the survey list conducted in the year 1986-87 at serial number...
7. I/We have read and understood the terms and conditions on which the built-up booth 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.
Dated.Signature(s)Name(s) (Block Letters)...Address...AffidavitI, ..... son of.... resident of ......., Chandigarh do hereby solemnly affirm as declare and 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 built-up booth for the trade for which it has been allotted.
3. That I was a bona fide shopkeeper of village Attawa and my shop was demolished in the year 1986-87 and I have not been allotted any commercial/residential site in lieu of shop in Attawa.
4. 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 made thereunder.
5. That I do not own any commercial/industrial property in my name and that of any member of my family.
Dated.DeponentPlaceVerificationI, ..... son of ....... the above named deponent do hereby solemnly affirm and declare that my above affidavit is true to the best of my knowledge and belief and no part of it is false nor anything is concealed.DatedChandigarh,DependentForm BUnion TerritoryChandigarh AdministrationNo.,Rehris/LA, DatedTo................Subject: Allotment of built-up booth at Chandigarh on lease hold basisMemorandum1. Reference your application dated ...... for allotment of built-up booth.
2. A built-up booth details whereof are given below is hereby allotted to you on lease hold basis on the terms and conditions mentioned hereinafter:
| Sector | Serial number of booth | Area in Sq. Yards and dimensions | Premium | Yearly rent for first 33 years | Trade. |
3. The lease shall be governed by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, and rules made thereunder.
4.
5. The following shall be the schedule of payment of instalments of the premium:-
| Number of Instalment | Due date of payment | Date on which payment shall be made | Amount of equated instalment including interest. |
| Ist Instalment | |||
| 2nd Instalment | |||
| 3rd Instalment | |||
| Ground rent annually for the first 33 years |