CMCAS Rules 19

धारा 19 · General conditions of Lease

(1)

Lease may be jointly taken by more than one person. The liability to pay the premium as well as the rent and any penalty imposed under these rules shall be joint and several.

(2)

The lessee shall not be entitled to sub-divide the site or to amalgamate it with any other site.

(3)

The lease shall be governed by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, as amended from time to time and the rules made thereunder.

(4)

The lessee shall not be allowed to place empty packing cases, baskets, buckets, junk, fodder or cow-dung or any other material on the roof of the building or in the open site around it.

(5)

The lessee shall be responsible for maintaining perfect cleanliness in and around the site.

(6)

The allottee shall not use the plot in a manner as to cause any inconvenience or nuisance or annoyance to the lessees of adjoining plots.

(7)

The right of displaying advertisement on and of use of end walls of the end sites and the benefits derived therefrom shall vest in the Government.

(8)

The lessee shall be liable to pay all such fee or tax as may be levied by the Chandigarh Administration in respect of sites or buildings or both under any law.

(9)

The Government shall not be responsible for levelling the uneven sites or for filling in sites which are at lower level than the other sites.

(10)

The Estate Officer or any official authorised by him in writing shall be entitled at all reasonable times to enter and inspect the site or building with a view to ensuring that no provision of the Capital of Punjab (Development and Regulation) Act, 1952 or of the rules made thereunder including these rules is being violated.

(11)

(i)

The lessee will not be entitled to transfer the site or the building except by way of mortgage to the bank as stated under rule 16 above, without the prior permission of the Estate Officer. Such permission shall not be given until the lessee has paid full premium and the rent due under the lease for the site unless in the opinion of the Estate Officer exceptional circumstances exist for the grant of such permission.

(ii)

Where transfer is allowed under sub-Rule (i) above 50 per cent of the unearned increased in the value, i.e. the difference between the premium and the market value of the site at the time of transfer shall be paid to the Government, before registering such sale or transfer. The market value of the site for this purpose shall be assessed by the Estate Officer or such other authority as may be prescribed by the Chief Administrator. The lessee shall be entitled to produce his evidence and of being heard.

(12)

The site shall be used only for the purpose of dairying and residence and for no other purpose.

(13)

No obnoxious trade shall be carried on in any site or building.

(14)

The Chief Administrator may in his absolute discretion prescribe such further conditions of lease as may be consistent with the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, as amended from time to time in the letter of allotment and lease deed either generally or under any particular scheme.

(15)

Without prejudice to the remedies available under these rules, the Estate Officer may cancel the lease and forfeit 10 per cent of the premium payable in respect of the lease and ground rent paid by the lessee on the ground of default, breach or non-compliance of any of the provisions of these rules and terms and conditions of the lease :Provided that no order under this rule shall be made unless the lessee has been given a reasonable opportunity of being heard.

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