The Chandigarh Allotment of Land to the Persons with Disabilities Scheme, 2001

'The Chandigarh Allotment of Land to the Persons with Disabilities Scheme, 2001 Note: The Scheme have been repealed vide Notification No. 45/5/4- UTFI(5)-2008/39 dated 2.1.2009 No. 31/1/224-UTFI (4) 3717. - Whereas, it has been envisaged in section 43 ofthe Act, called “The persons with Disabilities (Equal Opportunities, Protec­ tion of Rights and Full Participation) Act, 1995 (No. 1 of 1996), that the appropri­ ate Governments and local authorities shall, by notification, frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates for:- (a) House; (b) setting up business; (c) setting up of special recreation centers; (d) establishment of special schools; (e) establishment of research centers; and (f) establishment of factories by entrepreneurs with disabilities. And whereas, llic Cliandigarh Administration, is of the opinion that the land may be allotted to the persons with disabilities for the aforesaid purposes at concessional rates. 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 Admi nistrator, Un ion Territory, Chandigarh, hereby makes the fol­ lowing Scheme for the preferential al lotment of land to the persons with disabili­ ties in the Un ion Territory of Chandigarh, namcly:- 1. This Scheme may be called “The Chandigarh Allotment of land to the Persons with Disabilities Scheme, 2001 ”. 2. It shall come into force from the date of its publication in the Chandigarh Administration Gazette. 3. In this Scheme, unless the context otherwise requires, - 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, and the rules made thereunderi- (i) “Allotment” means allotment of a site/DU on lease hold basis under this Scheme; (ii) “Competent Authority” means the EstateOfficer appointed under the Capital'of Punjab (Development and Regulations) Act, 1952 or any other officer appointed by the Administration under this scheme; (iii) "Land” for the purpose of this scheme includes the dwelling units in multi-storyed structures also; t. Published in the Chandigarh Administration Gazette (Extra.) dated May 7,2001 Chd, Allotment of land to the Persons with Disabilities Scheme, 2001 357 (iv) "Persons with Disability” shall have Lhe same meaning as defined in foe Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; (v) “Society" means a society registered under “ The Societies Registration Act, 1860". 4. Premium. - The premium means price paid or promised to be paid for the transfer of a right to enjoy land to be allotted to the persons with disability under this scheme and the same shall be determined by the Chandigarh Administration. I (i) A person suffering from permanent disability of not less Won 40% of any of the following disabilities shall be eligible for allotment of land. llieapplicant must be a person with disability as defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 as also in this sub-clause and must possess u certificate to this effect issued by the Disability Board constituted for the said purpose by the Chandigarh Administration. (a) Blindness refers to a condition where a person suffers from, any of the following conditions, namely (i) total absence of sight; or (ii) visual acuity not exceeding 6/60 or 20/2000 (snell’s) in the better eye with correcting, lenses; or . (iii) limitation of the field of vision subtending an angle of 20 degree or worse. (b) Low vision.—connotes impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device. (c) Leprosy.—cured refers to a person who has been cured of leprosy but is suffering from (i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity; or (ii) manifest deformity and paresis but having sufficient mohilily in their hands and feet to enable them to engage in normal economic activity; or (iii) extreme physical deformity as well as advanced age which prevents him/her from undertaking any gainful occupation. (d) Hearing impairment—connotes loss of sixty decibels or more in the better ear in the conversational range of frequencies; (e) Locomotor disability means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy i.e. a group of nonprogressive conditions of a person chardutcreised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal or infant period of development, (f) Mental illness.—means any mental disorder, other than mental retardation. . Abfo.—(1) A mentally ill person can apply only through a ‘Guardian’ or ‘Manager of Property’ of such person, duly appointed as such by the , .< 'District Court’ or the ‘Collector’ under the provisions of the Mental . Health Act, 1987 (Act No. 14 of 1987). 1. Substituted vide Chd. Admn. Gm. (Extra) Notification dated 11 th/12th May, 2004 at page 495 358 Chd. Allotment of land to the Persons with Disabilities Scheme, 2001 (2) In case such ‘Guardian’ or ‘Manager of Property’ fails to obtain the requisite permission from the Court within one year from the date of aliotment/drawof lots, registration for al lotmeat shall be cancelled and the amount of initial deposit/earnest money shall be refunded without any interest. However, the Estate Officer may, in his sole discretion, upon an application, extend the said period forsuch period as he deems fit. (ii) A Guardian of a mentally retarded person, duly appointed as such by the ‘Local Level Committee’ constituted for the Union Territory ofChandigarh under 'The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999', shall be eligible for allotment on behalf of the mentally retarded person provided the mentally retarded person is being taken care of and maintained by such guardian and is residing with Ii im/lier. Note. - (1) ‘Mental Retardation’ means a condition of arrested or incomplete development of mind of a person which is specially characterised by subnormality of intelligence. (2) The ‘Guardian’ shall have to attach a certificate issued by the‘Medical Authority’ as defined under the ‘Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995* to the effect that the ‘mentally retarded person’ is not suffering from less than 40% disability, alongwith the application form. II. (il A person with disability shall be eligible for allotment of a land if he is a bona fide resident of the Union Territoty of Chandigarh, for the last ten years preceding the date of application. For this, the applicant shall have to give suffi­ cient proof viz, name in the Electoral Roll/RationCard/Eiectricity/Water Connec­ tion etc. (ii) In the case of a mentally retarded person, both the ‘Guardian’ as well as the ‘mentally retarded person’ should have been a bona fide resident ofthe Union Territory, Chandigarh for a period of at-least ten years on the date of application. For this the applicant shall have to give sufficient proof viz. name in the Electoral Roll or Ration Card or Electricity/Water Connection etc, III. The applicant must have attained the age of 18 years on the date of application and in the case of mentally ill person, the applicant (i.e. the mentally ill person) should have attained the age uf 21 years on the date of application, IV. The applicant does notown any residential site/d wellinq unit/ house/flat etc. or commercial si te/bul Id ing in his/he; name or in the name of his/her spouse, in Union Territory, Chandigarh, Urban Estates of Panchkula and Mohali and No­ tified Area Committee, Zirakour.] 6. Criteria for allotment - The criteria for allotment of land for different purposes shall be as follows:- l[(a) For Houses; - In all the housing schemes, the Chandigarh Housing Board shall reserve at least 3% of the dwelling units to be disposed of through allotment to the persons with disability. The premium to be charged for allotment to such persons shall be as notified by the Administration from time to time keep­ ing In view the provisions of Section 43 ofthe Persuns with Disabilities (Fqual Opportunities, Protection of Rights and Full Participation) Act, 1995, In case pay­ ment iss made in time, rate of interest as specified on the date of allotment shall be applicable. In case there is a delay, interest shall be chargablc at the rate, as 1. Substituted vide Chd. Admn. Gaz. (Extra) Notification dated 6-5-2003 at page 871 Chd. Allotment of land to the Persons with Disabilities Scheme, 2001 359 specified In the 3chcmc/byc-laws governing the Housing Scheme. The rate of interest as specified on th© date of default shall be applicable.] 11(b) For Commercial Purposes. - (i) In all the schemes for allotment of commercial rehabilitation sites or booths as also under the Allot mcnt/Trans fer of Built up Booths in any Sector on Lease/ J lire Purchase Basis ir Chandigarh Rules, 1991, the Administration shall reserve at least 3% of the total number of sites or booths available for allotment for persons with disabilities. The premium to be charged for allotment to such persons shall be as notified by the Administration from time to time keepeing in view the provisions of Section 43 of the Persons with Disabilities (Equal Opportunities. Protection of Rights and Full Participation) Act, 1995. In case payment is made in time, interest shall be charged, as provided in sub-rule (2) of Rule 12 of the Chandigarh Lease Hold of Sites and Building Rules, 1973, as amended from time to time. The rate of interest as specified on the date of allotment shall he applicable. In case there Is a delay, Interest shall be chargable at the rate, specified in sub-rule (3 A) of Rule 12, of the Rules ibid. The rate of interest specified on the date of default shall be applicable.] (ii) All the STD booths/Fax Machine Booths/Photostat Machine Booths/ Fruit and Juice Bais etc. at public institutions like Hospitals, Government Offices, Schools, Colleges etc. shall be earmarked for allotting the same to the persons with disability under Scheme on such terms and conditions as may be specified by the Administrations. In case of NGO or a society certified by the Director of Social Welfare working in the Union Territory, Chandigarh in the field of training and education of the handicapped for at least 3 years preceding the date'of appli­ cation, these booths can also be given to the NGO/Society to run on the stipulated condition that these will be manned by the disabled persons. If no suitable appli­ cant comes forward or is earmarked sites may he allotted to the persons belong­ ing to the general category, but for this, the sites will be first got de-earmarked from the Commissioner Disabilities. (c) Land lor Institutional purposes. - Th© land for Institutional Purposes shall be allotted to a Society having firm dedication and established track record of at least 3 years preceding the date ot application towards the general welfare of the persons with disability - (I) For setting up special i©creational Centres fur the persons with disability, the Administration shall allot land to the Municipal Corporation Chandigarh at nominal price which would further be developed by die Corporation at their own cost. (ii) The Administration shall allot land to the societies with firm dedication and established track, record of at least 3 years preceding the date of application, in education and training in the general welfare of the persons with disability to set up special Schools for the children with disability. (iii) Research Centres: Th© Chandigarh Administration shall also earmark and allot land to the Societies, liaving.finn dedication and established track record of at least 3 years preceding the date of application, in the field of research, for setting up Research Centres for the general welfare of the persons with disability: Provided that th© premium, for the allotment of land for the Institutional purposes viz. tor setting up special schools and the Research Centres . far the persons with disability, shall be 75% oEthe rates applicable for the allotment of land for Institutional purposes to the Societies in general 360 Chd. Allotment of land to the Persons with Disabilities Scheme, 2001 , category. The rate of interest and penal interest (if tlic instalments arc not paid in time) shall be the same as applicable for the general allottees. However, the detailed modalities or reservation and procedures for allotment of land to the Societies for the institutional purposes shall be specified separately by the Administration. '[(d) Industrial Sites: ■ The Administration shall reserve at least 3% of the total number of sites available for allotment to the persons with disabilities. The premium to be charged for allotment to such persons shall be as notified by the Administration from time to time keeping in view the provisions of Section 43 ofthe Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Tn case payment is made in time, interest shall be charged, as,.provided in sub-rule (2) of Rule 12 of the Chandigarh Lease Hold of Sites and Bui Iding Rules, 1973, as amended from time to time. The rate of interest as specified on the date of allcrment shall be applicable. In ease there is a delay, interest shall be chargable at the rate, specified in sub-rule (3 A) of Rule 12 ofthe Rules ibid. The rate of interest specified on the daLe of default shall be applicable,] 7, Procedure for allotment. - (i) The competent authority after the coming into force of this scheme shall invite applications by publishing a notice in the newspapers. Separate advertisements shall be given for eachpurposcs such os:- (a) Setting up business, (other than the STD Booths/Photostat Machines/ Kiosks etc. within the premises of public institution for which the procedure shall be separately specified); (b) establishment of special schools; (c) establishment of research centres; and (d) establishment of factories by entrepreneurs with disabilities. Applications submitted in response thereto, under this scheme, shall only he entertained and considered. (ii) The applicant shalI submit only one application for a particular purpose in response to the advertisement to the Estate Officer in the prescribed proforma. (iii) No application under sub-para (ii) above, shall valid unless, it is accompanied by the prescribed earnest money in the prescribed mode of payment. (iv) Applications so received shall be screened by u Screening Committee under the Chairmanship ofthe Secretary, Sooial wclfarc-cum- Commissioner Disability with the Chief Architect, Estate Officer, Joint Secretary Finance, Director Health Services and Director Social Welfare, as members. (v) After screening ofthe applications by the Screening Committee, it will recommend the case ofthe applicants found eligible under the scheme for the allotment of land under specific category. 8. Commencement and period of lease. - The lease shall commence from tlie date of allotment and shall be for a period of 99 years. After the expiry of 99 years, the lease may be renewed for further period on such terms and conditions as the Chandigarh Administration may decide. 1. Substituted vide Chd. Admit Gaz. (Extra) Notification dated 6-5-2003 at page 871 361Chd. Allotment of land to the Persons with Disabilities Scheme, 2001 9. Rent and consequences of non-payment, - In addition to the premium in respect of land allotted to the persons with disability or the society under this Scheme, the lessee shall pay ground rent as under;- (i) (a) at the rate of 2-'/2% per annum of the premium for the first 33 years. (b) at the rate of 3-7,% per annum of the premium for the remaining 33 years. (c) at the rate of 5% per annum of the premium for the remaining 33 years (ii) Ground rent shall be payable annually on due date without any demand from the competent authority. Provided that the Competent Authority may for good and sufficient reasons extend the time for payment of the rent upto six months on the'wholc on further payment of additional 6% per annum interest from the due date upto the date of actual payment. (iii) If ground rent is not paid by the due date, the lessee shall be liable to pay a penalty not exceeding 100% of the amount due which may be imposed and recovered in the manner laid down in section 8 of the Capital of Punjab (Development and Regulation) Act, 1952, as amended by Act No. 17 of 1973. 10. Sale/Transfcr of rights in the site or part thereof. - The lessee shall not sell or otherwise transfer his/her rights in the site or part thereof for period of 10 years from the date of allotment of the dwelling unit by the Chandigarh Hous­ ing Board, but, forthe land allotted for die Cornmcrcial/Institutional/Industrial pur­ poses this ban on transfer will be for a period of 15 years from the date of comple­ tion of the building. After the expity of this period, the lessee may be allowed by the Government to sell or transfer his/her rights in the site to any other party subject to the condition that 50% (fifty per cent) of the unearned increase in the value of land at the time the site is sold or transferred shall be payable to the Chandigarh Administration before registering such sale or transfer. The value of the property for this purpose shall be assessed by theEstate Officer or any other authority which may be appointed by the Chief Administrator whose decision shall be final and binding on the lessee: Provided that the Administrator may permit transfer of a commercial site/ and industrial plot prior to the expiry of the period of 15 years on the ground of exceptionable hardship. Such permission shall, however, be subject to the other conditions mentioned in this clause. 11. Time within which building is to be erected. - The lessee shall complete the building within three years from the date of allotment in accordance with the rules regulating the erection of buildings. The time limit may be extended by the Competent Authority for good and sufficient reasons. The date of comple­ tion of building will be the date of receipt of application for permission to occupy the building accompanied by a completion certificate from the Licensed Supervi­ sor/ Qualified Architect who supervised the construction provided that the build-, ing is also certified to have been completed according to the sanctioned plan by the Chief Administrator. 12. The application for allotment of land for (a) house, (b) setting up busi­ ness, (c) setting up of Special Recreation Centres, (d) establishment of special schools; (e) establishment of Research Centres, (f) establishment of factories by entrepreneurs with disabilities, as mentioned in para 6, shall be made to the Com­ petent Authority, Chandigarh in Form ‘A’ appended to this scheme and within such time as may be prescribed in this behalf. 362 Chd. Allotment of land to the Persons with Disabilities Scheme, 2001 13. The allotment letter shall be issued by the Competent Authority in the prescribed form ‘B’ appended to this Scheme. 14. In case of any default in payment or any due accrued on account of instalment of premium or lease money, the allotment shall be liable to be cancelled and the site to be resumed. 15. The allotment of land under this scheme shall be made to the eligible applicants (if the number of applicants would be more than the reserved number of sites) by draw of lots. 16. The lessee shall not assign his/her right in the lease and shall not sublet, transfer or otherwise part with the possession in any manner ofthe land or any part thereof. Partnership in the said land shall be construed as sub-letting. 17. The lessee shall not keep or store empty packages cases or basket or goods or any other material on the road or projection ofthe land or in the open space around his land. 18. The lessee shall abide by the provision of the Capital of Punjab (Devel­ opment and Regulation) Act, 1952, and the rules framed thereunder from time to time as also conditions for the purpose contained in the allotment letter. 19. After payment of 25% of the premium, the lessee shall execute a lease deed within a period of 6 months from the date of issue of allotment letter or within extended period as the Competent Authority, may for good and sufficient reason, permit and get the same registered with the Registrar, U.T., Chandigarh. 20. The lessee shall bear and pay all expenses in respect of execution and registration ofthe lease deed including the stamp duty and registration fee payable thereupon in accordance with law in force at the time of execution and registra­ tion, 21. In case any instalment of premium is not paid by the lessee by the I Oth ofthe following month on which it falls due, a notice shall be served on the lessee calling upon him/her to pay his instalment within 15 days together with penalty which may extend to 10% of the instalment payable, if the payment is not made within said period or within the extended period as may be decided by the Compe­ tent Authority but not exceeding two months in all from the date on which the instalment fell due, the Competent Authority can cancel the lease and shall re­ cover outstanding amount as the arrears of land revenue provided that no order cancelling the lease deed shall be passed unless the lessee has been granted rea­ sonable opportunity of being heard. 22. (1) Any person aggrieved by any order passed by the Competent Au­ thority under the Scheme shall be entitled to file an appeal before the Chief Ad­ ministrator, Chandigarh, within 30 days from the date of communication ofthe impugned order: Provided that the Chief Administrator may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) The Chief Administrator, after hearing the appeal, may confirm, vary or revise the order appealed from and may pass such orders as he may deem fit. (3) Any person aggrieved by the order of the Chief Administrator, may file the revision petition before the Advisor to the Administrator, U.T., Chandigarh, within 30 days from the date of communication of such orders. The order passed in revision petition by the Advisor to the Administrator shall be final. 23. The Competent Authority may issue such orders, instructions, directions from time to time which it considers necessary for the achievement of the objec­ tives of this scheme. 363Chd. Allotment ofjand to the Persons with Disabilities Scheme, 2001 FORM A Application for allotment of land of lease-hold basis at Chandigarh, under the Chandigarh Allotment of land to the person with Disabilities Scheme, 2001 To The Estate Officer/(Com petent Authority), Chandigarh Administration, Chandigarh. Sir, I,..............son/daughter/wife/widowof..............(in Block letters)........ request that I may be allotted a Institutional/ Corntncrcial/Industrial site of............sq. yards............marlas size in Chandigarh on lease hold basis. I agree to pay the premium @ Rs......per sq. yard in the manner prescribed by the Chandigarh Administration, as also the ground rent of the rate of 2-* 1/ % of the premium every year for the first 33 years and thereafter, if the Chandigarh Administration so decides, at the enhanced rate of 3-V4% of the premium for the next 33 years and @ 5% of the premium for the remaining 33 years of the lease period and thereafter on such terms as the Governor may decide. 1, enclose herewith a demand draft No........dated..........for the amount of Rs.... equivalent to 10% of the premium of the site building to be obtained on lease hold basis as earnest money, payable to the Estate Officer, Chandigarh Adminis­ tration, Chandigarh, and drawn on.......Bank at Chandigarh. I enclose herewith an affidavit in respect of the foilowing:- (a) That I shall not sell/transfer/mortgage or alienate in any other manner, my rights in the site or building constructed thereon until the payment of full pre­ mium and rent due under the lease upto the date or a period of 15 years from the date of allotment whichever is later. (b) That I do not own either in my name or in the name of my wife/husband or any dependent member of my family any site or building in Chandigarh. (c) That 1 shall be bound by the terms and conditions of the Chandigarh Lease Hold of Sites and Building Rules, 1973. DECLARATION 1.1,.......son/wife/daughtcr of Shri.............solemnly declare that the above information is true to my knowledge and belief and nothing has been concealed. 2.1 do not understand in clear terms that in case, the information made available by me or any part thereof is found to be false, the allotment made in my favour shall be Hable to cancelled and in the event of cancellation I shall have no claim whatsoever for damages, etc. against the Central Government or the Chandigarh Administration on his account. 3.1 ............the above named, hereby declare that I have carefully read and understood the terms and conditions of the Chandigarh Lease Hold of Sites and Building Rules, 1973 as also the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, as amended up to the date and rules framed thereun­ der and do hereby agree to abide by them. I am eligible for allotment of a site on lease hold basis in my capacity as under (specify whether oustee, Government, resident of Chandigarh etc.) Particulars of the plot applied for:- Sector Area in Sq. yards No. of site/sites 364 Chd. Allotment of land to the Persons with Disabilities Scheme, 2001 4.1 agree/do not agree that in the event ofthe site being not allotted to me in the first draw, my earnest money may be retained by the Chandigarh Administra­ tion and my name may be kept on the waiting list for allotment in the subsequent draw/draws. I shall not claim any interest on die earnest money remitted to the Government. Yours faithfully, Dated: (Signatures of the applicant) Addresses for Correspondence. FORM B UNIONTERRITORY CHANDIGARH ADMINISTRATION No. Rchris/LA Dated Subject: Allotment of land on lease hold basis under the Chandigarh Allotment of Land to the Persons, with Disabilities, Scheme, 2001. MEMORANDUM 1. Reference your application dated for allotment of land. • 2. A built up booth details whereof are given below is hereby al lotted to you on lease hold basis on the terms and conditions mentioned hereinafter: Sector Sr.No. of Area in Sq. yards Premium Yearly rent for Trade booth and dimensions first 33 years 3. The lease shall be governed by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, and rules made thereunder. 4. (a) The amount of Rs.....(Rupees....only) paid by you has been adjusted towards the premium. The lessee shall deposit remaining 15 percent of premium within 15 days of receipt of allotment letter to complete 25 percent of the pre­ mium, failing which allotment of booth shall be deemed to be cancelled. (b) The lease shall be deemed to have commenced from the date of allot­ ment. In case, it is intended to pay the premium in instalments the premium to­ gether with interest thereon of 7 percent per an num shall be payable in 2/6 monthly instalments, the first instalment being payable before the 10th of the following month from the date of allotment. However, no interest shall be payable if the said 75 percent balance of the premium is paid in full within 30 days of the date of allotment. 5. The following shall be the schedule of payment of instalments of the premium:- Numberof Due date of Date on which Amount of equated instal- instalmcnt payment payment shall ment including interest be made 365Chd. Allotment of land to the Persons with Disabilities Scheme, 2001 t 1st Instalment 2nd Instalment 3rd Instalment Ground rent annually for the first 33 years In case of failure to pay the premium Of land or amount due in arrears and ground rent of the due, the interest at the rate of......... shall be charged foi the delayed period. 6. Each instalment shall be remitted to the Estate Officer whether in cash or by demand draft payable to the Estate Officer and drawn on any Scheduled Bank situated at Chandigarh. Payment by cheque shall not be accepted. 7. In the event of non-payment of premium or rent by the 10th of the month following the month in which it falls due ur such extended period as may be al­ lowed but not exceeding six months in all from the date on which the instalment was originally due, a notice shall be issued to show cause why the lease may not be cancelled and the site resumed and the amount already paid forfeited to the Government. After considering the cause, if any, shown by the lessee, in pursuance ofthe aforesaid notice, the Estate Officer may either allow payment of instalment/rent with penalty which may extend to 100% of die allotment due or order cancellation of lease and forfeit the wholc/part of the amount already paid. 8. (a) The built-up booth lias been given to you on lease hold basis for 99 years in the first instance. After the expiry of this period, the lease may be re­ newed on such terms and conditions as the Government may decide. In addition to the premium mentioned in para 2 above, rent at the rate of 2-1/2% of the premium for the first 33 years shall be payable every year which shall be raised to 3-3/4% of the premium for the next 33 years and to 5% ofthe premium for the remaining 33 years of the lease period. (b) The rent shall start accruing from the date of allotment. The first instal­ ment being due after the expiry of one year from the date of allotment and shall be payable by the 1 Oth day of the month in which it falls due. 9. You shall have to execute a lease deed within six months from the date of allotment in the prescribed proforma in such manner as may be directed by the Estate Officer. The stamp duty leviable would be according to prevalent rates and all other expenses in respect ofthe execution/registration of lease deed shall be borne by you. The lease deed on non.judicial papers is to be got typed in triplicate keeping the carbon copies on judicial papers. The rcvcrac page ofthe Non Judi­ cial Stamp Paper is to be left blank. 10. A letter authorising you to take possession of tlie built up booth leased to you is enclosed. 11. The lessee will not be entitled to transfer the building without the prior permission ofthe Competent Authority for a period of 10 ycara. Such permission shall not be given until the lessee has paid the full premium and the rent due under the lease of the booth unless in the opinion of the Competent Authority excep­ tional circumstances exists for the grant of such permission. In case of transfer 50 percent of the un-cariied increase in the value. (i.c. the difference between the premium paid and die market value) ofthe building at the time of transfer shall be paid to Government before registering such sale or transfer. The market value ofthe property for this purpose shall be assessed by the Estate Officer or such other authority as may be prescribed by the Adminis- 366 Chd. Allotment of land to the Persons with Disabilities Scheme, 2001 tration Union Territory, Chandigarh. The lessee shall be entitled to produce his evidence and of being heard. The decision of the Estate Officer or the prescribed authority shall be final and binding on the lessee. 12. No fragmentation or amalgamation of building shall be permitted. 13. You shall pay all fee or taxes, which may be levied or assessed on the building under any law. 14. The allotted land under the said scheme shall be used only for the pur­ pose for which it has been leased. 15. In (he event of the default, breach of non-compliance of any of the conditions of lease, the lease may be cancelled and the booth resumed and the whole/part amount paid to Government towards the premium/rent of the built-up booth may be forfeited to the Government. 16. A booklet containing the Punjab Capital (Development and Regulation) Building Rules, 1952, the Chandigarh Lease Hold of Sites and Building Rules, 1973 can be had on payment from this office. 17. In all correspondence on the subject, you should quote file number, which is................. in your ease in order to facilitate early attendance to your correspon­ dence. Payment of premium rent will be deemed to have been made only on the date when necessary particulars are supplied to the Competent Authority in writ­ ing. 18. The right of use of side wall ofthe end build upbooth including right of display of advertisement and the benefits derived therefrom shall vest in the Gov­ ernment. The lessee shall not fix any posters, hand bills on any part of the building/ verandah, or shall allow any other person to do the same. 19. You shall not be allowed to store empty packing cases boxes etc. or likewise material on the roof of the building or on the open spaces around it. 20. The covered (verandah) in front or on the side ofthe built up booth shall not be encroached upon or used for any purposes other than public passage. The lessee shall neither park cyclc/scooters of other vehicles in the verandah nor al­ low the parking of the same by another person. 21. Water connection in the allotted land will not be allowed, 22. In the case of building leased for “General Trade” the trades in which use of fire, cooking or manufacturing or repair furniture car cycle, sale of fruit or vegetables or fish or any trades which may cause an obstruction in the public passage or any obnoxious trade are not allowed. 23. The terms and conditions of this allotment letter shall be in addition to the provisions of Capital of Punjab (Development and Regulation) Act, 1952, and the rules made thereunder shall be binding on the lessee. (Sd/-)......... '..... . Competent Authority, Chandigarh Administration.