State of Punjab - Act
Chandigarh Allotment of Low Cost Tenements on Lease and Hire Purchase Basis Scheme, 1979
PUNJAB
India
India
Chandigarh Allotment of Low Cost Tenements on Lease and Hire Purchase Basis Scheme, 1979
Rule CHANDIGARH-ALLOTMENT-OF-LOW-COST-TENEMENTS-ON-LEASE-AND-HIRE-PURCHASE-BASIS-SCHEME-1979 of 1979
- Published on 31 October 1979
- Commenced on 31 October 1979
- [This is the version of this document from 31 October 1979.]
- [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 Chandigarh Administration may demise low cost tenements on lease-hold and hire-purchase basis to the occupants in order to provide them better civic conditions and one and hygienic surroundings had been rehabilitated in such tenements on rental basis.4. Premium.
- The premium for allotment of low cost tenements under his scheme, shall be determined by the Estate Officer in such manner as may be directed by the Chief Administrator from time to time.5.
The Estate Officer shall realise the premium in such number of instalments as may be determined by the Chief Administrator.6.
The Estate Officer shall have the powers:-7.
Only a person who has been provided with a tenement under the Licensing of Tenements and Transit Sites in Chandigarh Scheme, 1975 or under the Licensing of Tenements and Sites and Services Scheme, 1979, shall be eligible for allotment of such tenement on lease-hold and hire-purchase basis, subject to the following conditions, namely :-8.
The applications for allotment of tenements under the scheme shall be made to the Estate Officer in form 'A' appended to this scheme and within such time as may be prescribed in this behalf. The applicant shall, however, deposit earnest money @ 10 per cent of the premium at the time of application and shall also furnish an affidavit duly attested by a Magistrate First Class/Oath Commissioner affirming all facts which make him eligible for allotment of a tenement under this scheme.9.
The allottee shall deposit within 15 days of the receipt of the allotment letter to be issued by the Estate Officer in the prescribed form 'B' appended to this scheme, the requisite amount so that the total amount including the money paid under clause 8 equals at least 25 per cent of the sale price of the tenement. In case any allottee fails to deposit the aforesaid amount within the stipulated period his allotment shall be treated as cancelled.10.
The balance amount of premium as determined under clause 5, shall be recoverable in lump sum or in 216 equated monthly instalments. The allottee who opts to pay premium in instalments shall have to any interest @7% per annum.10A.
Notwithstanding anything contained in clauses 8, 9 and 10 an allottee who is unable to pay the earnest money of 25 per cent in the manner laid down therein may be permitted to pay the entire amount to premium in such number of instalments as indicated in clause 10. The allottee who opts to pay the entire premium in instalments shall also have to pay interest at the rate of 7 per cent per annum.11.
An allottee, of a tenement shall pay the monthly instalment of premium on or before the 10th of the month following the month in which it falls due, according to English calendar.12.
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 as the Government may decide.13.
In addition to the premium in respect of the tenement the lessee shall pay ground rent as under:-14.
A person who has been allotted a tenement under the scheme shall not transfer by way of sale, gift, mortgage or otherwise his rights, title or interest in the lease for a period of ten years from the date of acquiring the ownership right, i.e. after the successful completion of hire-purchase period.15.
The tenement shall be used exclusively for residential purpose and not for any other purpose.16.
The allottee shall not make any additions or alterations in tenement allotted to him.17.
The allottee shall conform to the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, and the rules framed thereunder from time to time.18.
After making the payment of 25 per cent cost of the tenement, the allottee shall execute a Lease Deed in form 'C' appended to the scheme.19.
The lessee shall bear and pay all expenses including the stamp duty and registration fee payable therefor in accordance with the law in force at the time of execution and registration of the hire purchase agreement and the Lease Deed.20.
In case any instalment of premium under clause 10/10A 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 as may be determined by the Estate Officer but not exceeding three months in all, from the date on which the instalment was originally due, the Estate Officer shall, cancel the lease and forfeit whole or part of the premium and the ground rent, if any, paid in respect thereof, which in no case shall exceed 10 per cent of the total amount of the premium, interest and rent payable in respect of the tenement.Provided that no order cancelling the lease shall be passed unless the lessee has been given a reasonable opportunity of being heard.21.
For removal of doubts it is hereby declared that the enjoyment of the tenement allotted on lease-hold and hire-purchase basis under this scheme, shall be subject to the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, and the rules framed thereunder from time to time.22.
If any difficultly arises in giving effect to the provisions of this scheme, the Chief Administrator may make such provisions or give such directions not inconsistent with the provisions of this scheme.Form 'A'Application for allotment of a tenement in ChandigarhToThe Estate Officer,Chandigarh Administration.Sir,I/We ---------------------- request that I/We may be allotted on 99 years lease-hold and hire-purchase basis the tenement as stated below in Chandigarh:-| Sector | Description of building | Number of building |
2. I/We am/are the bona fide allottee of tenement in Sector ----------- and enclose herewith affidavit to this effect duly attested by a Magistrate of First Class. I/We do not own any site/building in Chandigarh or Urban Estates of Mohali and Panchkula 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 of Draft payable to the Estate Officer and drawn on ------------------- Bank situated at --------------------.
4. I/We will pay the premium in prescribed instalments.
5. 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 and under:-1. Reference your application dated --------------- for a tenement.
2. A low cost tenement 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 tenement | Area in sq. yards. and dimensions | Premium | Yearly rent for first 33 years |