Licensing ot Tenements and Sites and Services in Chandigarh Scheme, 19/9 raye 1 Ui 17

regulations · 1994 · State unknown

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Parent: THE PUNJAB MUNICIPAL CORPORATION LAW (EXTENSION TO CHANDIGARH) ACT, 1994 (f75b457209d7826bfd2191530c305d216bcc4368)

Text

Licensing ot Tenements and Sites and Services in Chandigarh Scheme, 19/9 raye 1 Ui 17 Licensing of Tenements and Sites und Services in Chandigarh Scheme, 1979 Fublished in Administration Gaz (Extra) dated 24.8.1979 page 333 NOTIFICATION No. 5917-UTFI (5) 79/12564 Whereas the Chandigarh Administration have taken up an intensive programme of housing and rehabilitation of economically weaker sections of society living in slum conditions in the Labour Colonies and other parts of Chandigarh; by resettling them in low cost tenements and sites and Services Complexes SO as to provide them better Civic conditions and hygienic surroundings; AND, whereas a large number of such families have already been so rehia bilitated under the Chandigarh Licensing of Tenements and Transit Sites in Chandigarh Scheme; 1975,and the implementation of the Scheme aforesaid has brought forth some practical aspects of rehabilitation requirements and problems; AND, whereas alterrative residential sites and services as also tenements have been developed and built or are proposed to be developed and built for the purposes aforesaid through the Chandigarh Housing Board or otherwise; AND, whereas it is in the public interest to lay down a procedure to regulate the allotment and licensing of the tenernents and sites mentioned above; NOW, therefore; with a view to preventing all avoidable hardship and to expedite the work of rehabilitation of slum-dwellers, and in order to improve the cwelling conditions of such persons; the Chief Commissioner; Chandigarh is pleased to make the followirig Scheme for the allotment of low cost tenements and sites in the Site and Service Complex and transit Sites: - This scheme may be called the "Licensing of Tenements and Sites and Services in Chandigarh Scheme, 1979" http:/ 

Rule TOC

4 · (1) The competent authority may prepare a phased plan for clearing the Labour Colonies of all residents according to the anticipated availability of alternative tenements/sites and may implement such plan in accordance with the provisions of this Scheme:

5 · (1) Within fifteen days of the publication of the notice under rule 4(3) above, all persons eligible for allotment under the scheme shall submit to the competent

6 · (1) The Competent authority may fix time and date for the actual shifting of the residents of a Labour Colony and notice thereof shall be published by him in such manner as he may deem fit:

7 · (1) With respect to every block of a labour colony selected for clearance,

8 · 12% of the commercial sites t0 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:

10 · (1) The licence of the site be initially for a period of fiveyears

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 front any of the Banks or Financial Institutions.

13 · On the allotment of a tenement; the allottee of a site may apply to the competent authority to determine the compensation payable to him for superstructure.

14 · (1) The site together with the superstructure, on vacation by the allottee, shall be allotted to any person eligible for allotment of a site under this scheme.

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 · (1) Every licensee shall maintain a pass-book- in form D" to be issued by the competent authority:

19 · (1) Subject to the provisions of sub-rule (2) of the rule, every licensee of a tenement or a site shall pay every month in advance such licence fee as may be prescribed by the Chief Administrator: The licence fee shall be subject to revision at the time of renewal of the license; provided the total increase in the licence fee shall not be more than 25 per cent of the existing fee:

20 · (1) In addition to the licence fee prescribed under the preceding rule; the licensee; whether of a tenement or of a site, shall pay water and electricity charges at such rates as may from time to time; be determined by the Chief Engineer; Union Territory; Chandigarh:

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:

22 · The licensee shall conform to the provisions ofthe 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 · () The licensees of sites shall be entitled to erect temporary building as defined in rule 2() of the Punjab Capital (Development and Regulations) Building Rules, 1952 at their own expense for a specified period which may be extended from time to time.

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;

28 · (1) Any person feeling aggrieved by ay order_passed by the competent authority under this scheme, shall be entitled to file an appeal to the Chief Administrator.

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 · (1) Notwithstanding anything contained in this scheme; the Chief Commissioner may on compassionate grounds in case of extreme hardship, allot a

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, 1 975 as amended from time to time; is hereby repealed.

2 · [ 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.

2 · < ~censing of Tenements and Sites and Services in Chandigarh Scheme, 19. Page 13 of 19

3 · 1 am eligible for the grant of a licence for a scheme. tenement/site under the said

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 2

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 [ do not own, either on free hold or lease hold basis, residential/commercial site/building in Chandigarh in my own name or in the name of any member of family dependent on me:

11 · [ have removed/shall remove building/structure at my own expense before the date fixed by the Competent Authority:

12 · It is certified that [ have been actually residing in the Labour Colony since.

13 · [ enclose herewith a 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.

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 1Oth 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

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

9 · The allotment of a tenement shall also be liable to cancelled if the licensed 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 ad 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

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.

2 · 0

4 · The licensee shall be entitled to erect temporary building as defined in rule 26i) of the Punjab Capital (Development ad 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 this ground unless the licensee is given an opportunity of being beard.

9 · The allotment of a site shall be liable to be cancelled if the licensee fails to vacate the labour colony by the date ad time prescribed in this behalf by the Competent Authority:

10 · The licensee shall keep the site and the structure built thereon in a clean ad 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

1 · Group photograph of licensee and the family unit

3 · () No. and floor of tenement