No. U.T. 819/F5-72/2175 - The Chief Commissioner, Chandigarh is
pleased to make the following rules for the allotment of plots in sub-urban
Sectors in the Union Territory of Chandigarh, namely:- These rules may be called the Chandigarh Allotment
of Plots in Sub-urban Sectors Rules, 1972. In these rules unless the context otherwise
requires:- (a)
"Agreement"
means an agreement in Form "C" appended to these rules; (b)
"allotment"
means the grant by or on behalf of the Chandigarh Administration of the right
to use and occupation of any plot to any person and the "allottee"
shall be construed accordingly; (c)
"Competent
Authority" means the Estate Officer or any other officer to whom the
powers and functions of the competent authority are entrusted by the Chief
Administrator, Chandigarh. (d)
"Sub-Urban
Sector" means the area specified as such for the allotment of plots to the
labourers by the Chief Administrator from time to time; (e)
"Labourer"
means a person who fulfils conditions prescribed in rule 4 of these rules. Subject to the control of the Chief Administrator,
Chandigarh, the Competent Authority shall be responsible for the maintenance
and control of plots in the Sub-Urban sectors, the realization of rent,
eviction of persons occupying such plots. The Competent Authority shall have
powers - (a)
to make
allotment of plots; (b)
to receive
all payments of money under these rules; (c)
to re-enter,
retake or resume possession of any plot, whenever required or to order the
removal of an unauthorised occupant of a plot; (d)
to issue
notices to the occupants of plots for and in connection with the recovery of
rent, electric charges or any other duties, for ejectment, re-entry or retaking
possession of the plots or for the breach of any other terms and conditions of
the agreement by the allottees; (e)
to prescribe
forms or registers and rent receipt and other records which it considers
necessary. The Competent Authority may allot a plot of 50
square yards in a Sub-Urban Sector to a labourer if - (a)
he is an
authorised lessee of the Chandigarh Administration in one of the existing
Labour Court Colonies. Provided that : (i)
his income
from all sources does not exceed Rs. 200 per mensem; (ii)
he has not
sublet his present plot; (iii)
he himself
is residing in the site leased out to him; (iv)
there is no
arrears of rent outstanding against him; (v)
he is not
misusing the plot leased out to him; (vi)
his lease
has not been terminated for any reasons whatsoever; (vii)
he has not
already purchased a site in his own name or in the name of a member of his
family in Chandigarh. (viii)
he furnishes
an affidavit affirming all the facts specified in clauses (i) to (vii) of this
sub-rule on oath, and (ix)
he
surrenders the plot occupied by him in the existing Labour Colonies on
allotment, or (b)
he is a
sub-lessee or an unauthorised occupant in one of the existing Labour Colonies
or any other person provided that - (i)
his income
from all sources does not exceed Rs. 200 per mensem; (ii)
he has been continuously
living in one of existing Labour Colonies or in an unauthorised labour hut in
Chandigarh for the last one year; (iii)
he is
engaged in one of the trades mentioned below:- 1.
Cobbler; 2.
Doctor/Hakim
(duly registered); 3.
Waterman; 4.
Tailor; 5.
Sewerage
Labour; 6.
Rickshaw
Puller; 7.
Balcksmith; 8.
Plumber; 9.
Electrician; 10.
Barber; 11.
Dhobi; 12.
Painter; 13.
Mali; (iv)
he has not
been allotted any other Government accommodation in Chandigarh; (v)
he has not
purchased a site in his own name or in the name of a member of his family in
Chandigarh; (vi)
he furnishes
an affidavit affirming all the facts specified in clauses (i) to (v) of this
sub-rule; and (vii)
he vacates
the plot occupied by him in the existing Labour Colony or the unauthorised
labour hut anywhere in Chandigarh. Application for allotment of plots shall be made to
the Competent Authority in Form "A" appended to these rules. Allotment of plots shall be made in the order of
the date of submission of applications. All allotments shall be entered in a register to be
maintained for the purpose. The allotment orders shall be issued by the
competent authority in Form "B" appended to these rules. Before taking possession of the plot, the allottee
shall have to execute an agreement in Form "C" appended to these
rules. (See Rule 5) Application for allotment of a plot
in a Sub-Urban Sector 1.
Applicant's : a.
Full Name
(in block letters) b.
Father's
name c.
Present
address d.
Permanent
address 2.
Was the applicant's present accommodation provided by the Chandigarh
Administration or by a lessee of this Administration, in the existing Labour
Colony (in the later case give details of the lessee.) 3.
Occupation of the applicant. 4.
Total Income. 5.
Date of application. Signature of the applicant Form "B" (See Rule 8) Allotment Order Plot No.......... measuring ........at
..............is allotted to Shri ............ , son of ........resident of
.......... District ....... on a monthly rent of ....., exclusive of
electricity and other charges, on the conditions noted below. Competent Authority (Estate Officer) (Chandigarh Administration) Conditions 1.
The allottee
shall pay the rent and all other dues for each month on or before the 7th of
the following months to the person(s) authorised by the competent authority, to
receive the same. 2.
The allottee
shall not assign his right of tenancy and shall not sublet or otherwise
transfer or part with possession of the plot or any part thereof. 3.
The allottee
shall construct a temporary building on the site strictly in accordance with
the plan supplied by the Estate Officer. 4.
The site
shall be used and occupied for the purpose of residence only by the allottee
and by the bona fide members of his family only and not otherwise. 5.
The allotte
shall keep the site in clean and sanitary condition. 6.
The allottee
shall not use the house in a manner as to cause any inconvenience or nuisance
or annoyance to the adjoining houses or neighbours. 7.
As soon as
the allottee ceases to be a labourer, he shall vacate the site immediately,
after sending an intimation of same in writing, to the competent authority. Form "C" (See Rule 9) This deed of lease made on this ......day of
.....19..., between the President of India (hereinafter called the lessor) of
the one part and .....son of ....(hereinafter called the lessee which
expression shall include his lawful heirs, successors, legal representatives,
assigns and transfers etc.) of the other part. WHEREAS the site No...... in Sub-Urban sectors
(which is hereinafter called the said site) to be owned by the lessor in full
proprietary rights; AND WHEREAS the lessor has agreed to grant the lessee
temporary right of use and occupation of the said site; NOW, THEREFORE, this deed witnesses that the lessor
hereby grants and conveys unto the lessee the lease of the said site subject to
the exceptions, reservations, conditions and covenants hereinafter contained,
and each of them namely:- (1)
The lessee
shall regularly pay monthly rent of Rs. ... in advance, on or before the 7th of
each month to the Estate Officer. (2)
For the due
and faithful performance and observance of the terms and conditions of this
lease deed by the lessee, the lessee shall deposit in advance ... months rent
amounting to Rs.... as security with the Estate Officer. (3)
In the event
of breach or non-observance of any of the terms and conditions of this lease
deed the Estate Officer may forfeit the security either in full or in part. The
lessee shall pay all general and local taxes and cesses for the time being
imposed or assessed on the said site by the competent authority. (4)
The lessee
shall construct a temporary building on the said site strictly in accordance
with the plan supplied by the Estate Officer. (5)
The lease
shall be for the period from ... to ... The lessor shall be at liberty to
terminate this lease by giving 15 days clear notice ending with the expiry of
the month of tenancy. (6)
In the even
of non-payment of rent on the due date or breach or non-observance by the
lessee of any of the covenants, herein on his part to be observed, it shall be
lawful for the lessor notwithstanding the waiver of any previous cause or right
for re-entry, to enter into and upon the said site or temporary structure
thereon or any part thereof and to repossess, retain and enjoy the same as of
his former estate and the lessee shall not be entitled to the refund of the
lease money or any part thereof or any compensation whatsoever on account of
such resumption. (7)
On
termination of the lease in accordance with clause 6 above, the lessor may, in
addition to resumption of this plot, forfeit the whole or part of the security
deposited by the lessee. (8)
On the
termination of the lease, the lessee shall remove temporary structure and
deliver vacant possession of the plot to the lessor within a period of ... In
the event of default by the lessee in removing the temporary structure, the
lessor shall have the right to remove the material and recover the cost of
removal from the lessee and dispose of the same without any liability. (9)
The lessee
shall be responsible for maintaining perfect cleanliness in and around the
site. (10)
The lessor
may by his officers and servants at all reasonable times and reasonable manner,
enter in and upon any part of the said site or building erected thereon for the
purpose of ascertaining that the lessee is duly performing and observing
covenants/conditions of these presents. (11)
The lessor
shall have full rights, power and authority at all times to do through his
officers or his servants, all acts, and things which may be necessary or
expedient for the purpose of enforcing compliance with all or any of the terms,
conditions and reservations therein contained and to recover from the lessee as
a first charge upon the temporary structures on the site, the cost of doing all
or any such acts and things and all costs incurred in connection therewith or
any way relating thereto. (12)
The site
shall be used only for the purpose of residence and for no other purpose. (13)
All the
dispute and differences out of or in any way touching this lease deed,
whatsoever, shall be referred for decision to the sole arbitration of the Chief
Administrator acting as such at the time of reference. The lessee shall have no
objection to the arbitration by the Chief Administrator on the ground that he
had to deal with the matters relating to this deed or that he had expressed his
view on matters in dispute in the discharge of his duties as an officer of the
Government. The award of the arbitrator shall be final and binding on the
parties to this deed. The lessee shall not sublet or transfer the site to any
other person. In witness whereof the parties hereto have hereunto
respectively subscribed their names at the places and on the dates hereinafter
in each case specified. In witness whereof the parties hereto have appended
their respective signature hereunder on the dates respectively mentioned under
their signatures. Witness - Lessee- (1) Name _______ Residence ________________ For and on behalf of the
President of India Occupation _________ (2) Name _________ Residence ________ Occupation ________ Lessor -Chandigarh Allotment of Plots in
Sub-urban Sectors Rules, 1972
[10th, February 1972]
Form "A"