State of Punjab - Act
Licensing of Tenements and Sites and Services in Chandigarh Scheme, 1979
PUNJAB
India
India
Licensing of Tenements and Sites and Services in Chandigarh Scheme, 1979
Rule LICENSING-OF-TENEMENTS-AND-SITES-AND-SERVICES-IN-CHANDIGARH-SCHEME-1979 of 1979
- Published on 24 August 1979
- Commenced on 24 August 1979
- [This is the version of this document from 24 August 1979.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
This scheme may be called the "Licensing of Tenements and Sites and Services in Chandigarh Scheme, 1979"2.
It applies to all persons living in Chandigarh who fulfil the conditions laid hereunder and shall come into force at once.3.
In this scheme, unless the context otherwise required:-All words and expressions used in the scheme but not defined hereunder shall have the meaning attached thereto in the Capital of Punjab (Development and Regulations) Act, 1952, or rules made thereunder.4.
5.
6.
7.
8. [ 12% of the commercial sites to be created under this scheme will be reserved for the members of the Scheduled Castes and Scheduled Tribes. The members belonging to Scheduled Castes and Scheduled Tribes will be eligible for allotment of commercial sites if they are not residents of the labour colonies provided that there is a shortfall of the applicants in this category.] [Substituted by Notification in Chandigarh Administration Gazette (Extraordinary) dated 1.11.1983 page 58.]
9.
Notwithstanding anything contained in this scheme, no person shall be eligible for allotment of a tenement/site unless he fulfils the following conditions:-10.
10A. [ Notwithstanding anything contained in this Scheme, bare sites may be allotted on hire-purchase basis to the persons who have settled in the labour colonies unauthorisedly during the period of six months preceding 31st March, 1980 on a price to be determined by the Chandigarh Administration.] [Added by Chandigarh Administration Gazette (Extraordinary) 25.8.1980 page 290.]
11.
The competent authority shall execute a licence deed in favour of the allottee in form "B".12.
The licensee shall be entitled to vet his interest in the site besides the superstructure in order to secure a loan for the construction of a building on the site from any of the Banks or Financial Institutions.13.
14.
15.
An allottee who has raised superstructure on the site from his own resources, may apply to the competent authority that he may be paid the amount of compensation for the superstructure raised in accordance with the scheme. On receipt of such application the competent authority shall process further according to the provisions contained in this scheme, as soon as a tenement is allotted to the applicant.16.
Notwithstanding anything contained in the scheme, the competent authority may with the previous approval of the Chief Commissioner allot any tenement or site to any person not otherwise eligible for allotment on grounds of extreme hardship or on ground of public policy.17.
Every allottee shall submit to the competent authority a deed of licence in form "B" or "C" (as may be applicable) appended to this scheme duly signed by him and on a non-judicial stamp paper of Rs. 2.25.18.
19.
20.
21.
The licensee shall not make any additions or alterations in the tenement allotted under the scheme.22.
The tenement shall be used exclusively for residential purposes and for no other purpose.23.
The licensee shall conform to the provisions of the Capital of Punjab (Development and Regulations) Act, 1952, and the rules made thereunder.24.
The licensee shall not sublet, assign or otherwise part with possession of the tenement or the site as the case may be.25.
26.
The allotment in respect of tenement or site, as the case may be, shall stand automatically revoked in the event of contravention of any of the terms or conditions of allotment.27.
28.
29.
Notwithstanding anything contained in rules 4, 5 and 6, the Competent Authority may after spot verification regarding eligibility of any resident of Labour Colony to alternative accommodation, allot tenement or site to residents of Labour Colonies who fulfil the requisite conditions for allotment of tenement or site as the case may be. Reasonable time shall be given to the allottee to shift to the alternative tenement or site and to vacate the area in the Labour Colony.30.
31.
The Chief Administrator may with the previous approval of the Administrator, issue such order, instructions or directions as may be necessary for the implementation of the scheme in the best interest of the beneficiaries.32.
Any allotment made or any order passed by the competent authority under the Licensing of Tenements and Transit Sites in Chandigarh Scheme, 1976, shall in so far as it is consistent with the provisions of this scheme, be deemed to be valid and effective as if such allotment or action was done or taken under this Scheme.33.
The Chandigarh Licensing of Tenements and Transit Sites in Chandigarh Scheme, 1975 as amended from time to time, is hereby repealed.Form "A"[See Rule 5(1)]Application for obtaining licence of a tenement siteToThe Competent Authority,under the Licensing of Tenements and Sites andServices in Chandigarh Scheme 1979,Chandigarh Administration, Chandigarh.Sir,I, ..... son/daughter/wife/widow of ..... request that I may be granted a licence of a tenement site in Chandigarh.2. I agree to pay the licence fee at the rates and in the manner prescribed under the Licensing of Tenement and Sites and Service in Chandigarh Scheme, 1979.
3. I am eligible for the grant of a licence for a tenement/site under the said scheme.
4. Detailed particulars are given hereunder:-
5. Whether the applicant himself actually resides in the labour colony ?
6. What is the monthly income of the family unit from all sources ?
7. Whether the applicant owns more than one house/structure in the Labour Colonies ? if so, particulars thereof may be given ?
8. I shall vacate the labour colony during the time and on the date specified in this behalf by the Competent Authority.
9. My licence may be revoked in case of breach of any of the conditions for the grant of the licence.
10. It is certified that I do not own, either on free hold or lease hold basis, a residential/commercial site/building in Chandigarh in my own name or in the name of any member of family dependent on me.
11. I have removed/shall remove building/structure at my own expense before the date fixed by the Competent Authority.
12. It is certified that I have been actually residing in the Labour Colony since.
13. I enclose herewith an affidavit duly attested by a Magistrate Ist Class/Oath Commissioner affirming all facts stated above and also indicating that the applicant is entitled to the grant of a licence in respect of tenement/site as the case may be under the Scheme.
14. A group photograph of the licensee and all other members of the family is enclosed.
Dated......Yours faithfullySignature of the Applicant(Address for Correspondence)Form "B'"(See Rule 17)(Non-Judicial Stamp of Rs. 2.25.)Deed of Licence.LICENCE is hereby granted by ...........to ..........to ocupy a tenement described and detailed in the schedule annexed hereto situated in Sector......, Chandigarh, on the following terms and conditions:-1. That the licensee shall pay every month in advance a licence fee of Rs. ...... without demand.
2. If licence fee is paid by the 10th day of the month to which it relates, the licensee shall be entitled to a rebate of Rs. 5 in the payment of licence fee.
3. The licensee shall not make any additions and/or alterations in the tenement allotted to him.
4. The tenement shall be used exclusively for residential purpose and for no other purpose.
5. The licensee shall not sublet, assign or otherwise part with possession of the tenement.
6. The licence in respect of the tenement shall stand automatically revoked in the event of contravention of any of the terms and conditions of this licence deed.
7.
8. If it is found that licence has been obtained in respect of a tenement by furnishing false information or suppressing true facts, the licence shall be liable to be cancelled by the Competent Authority. The licence shall not be cancelled on this ground unless the licensee is given an opportunity of being heard.
9. The allotment of a tenement shall also be liable to cancelled if the licensee fails to vacate the Labour Colony by the date and time prescribed in this behalf by the Competent Authority.
10. The licensee shall keep the tenement in a clean and sanitary condition and shall pay the cost of making good any damage thereto, or to adjacent tenement caused by negligence or misuse of the premises.
IN WITNESS whereof the licensee, the said .... and the licenser, the said ....... HAVE hereunto signed at ........... this the........day of the ........ in the year..........Witnesses:-1.
....... 2. .......... Licensee LicensorForm "C"(See Rule 17)(Non Judicial Stamp of Rs. 2.25)Deed of LicenceLicence is hereby granted by ........to ..........to occupy a site described and detailed in the scheduled annexed hereto, situated in Sector ....., Chandigarh, on the following terms and conditions:-1. The licensee shall pay in advance without demand a licence fee of Rs...... per month by the 10th day of every month.
2. The site shall be used exclusively for residential purpose and for no other purpose.
3. the licensee shall not sublet, assign or otherwise part with possession of the site.
4. The licensee shall be entitled to erect temporary building as defined in rule 2(ii) of the Punjab Capital (Development and Regulation) Building Rules, 1952, at his own expense.
5. The licence shall stand automatically revoked in the event of contravention of any of the terms and conditions of this licence deed.
6. The licensee shall be bound by the terms and conditions of the Licensing of Tenements and Sites and Services in Chandigarh Scheme, 1979.
7. The licensee shall in addition abide by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, and the rules made thereunder.
8. If it is found that licence has been obtained in respect of the site by furnishing false information or suppressing true facts, the licence shall be liable to be cancelled by the Competent Authority. The licence shall not be cancelled on his ground unless the licensee is given an opportunity of being heard.
9. The allotment of a site shall be liable to be cancelled if the licensee fails to vacate the labour colony by the date and time prescribed in this behalf by the Competent Authority.
10. The licensee shall keep the site and the structure built thereon in a clean and sanitary condition and shall pay the cost of making good any damage to the site, or to adjacent site caused by the negligence or misuse of the premises.
IN WITNESS whereof the licensee, the said and the licensor, the said........ have hereunto signed at ......this the ...........day of ....... in the year ........Witnesses:-1.
....... Licensee. 2......... Licensor.Form "D"(See Rule 18)Pass Book| GROUP PHOTOGRAPH |
1. Group photograph of licensee and the family unit.
2. Number of family members, their names, age, occupation and ........... relationship with the licensee.
3. (i) No. and floor of tenement.
| Date | Last balance | Amount paid | Balance due from licensee upto 10th day of the next calandermonth | Name and designation of official receiving payment. |
| in figures ---- in words | ||||
| 1 | 2 | 3 | 4 | 5 |