Allotment of Subsidized Industrial Houses on Lease and Hire Purchase basis in Chandigarh Scheme, 1979 19

Section 19 · Section 19

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 hiring of a building (Industrial House)ToThe Estate Officer,Chandigarh Administration.Sir,I, ................. son/daughter/wife of ..............., request that I may be allotted on hire purchase basis the subsidized industrial house No. ................., Sector ............ which is under my occupation.I am eligible for allotment of said house under the Allotment of Subsidized Industrial Houses on Lease and Hire-purchase in Chandigarh Scheme, 1979. I do not own any residential house/site in Chandigarh or in any of the urban estates of Mohali or Panchkula in my own name or in the name of my spouse or any of my dependent relations including unmarried children. (Affidavit enclosed).I will pay the rent/premium in prescribed instalments.I have read and understood the terms and conditions on which the subsidized industrial house in question is to be given under the said scheme and I also agree to abide by all the conditions of the Scheme as also the rules made under the Capital of Punjab (Development and Regulations) Act, 1952, from time to time.Your faithfully,(Name of Block letters) ...............Address ..................................Date ...............Form 'B'Union TerritoryChandigarh AdministrationDated No.To------------------------Subject :- Hiring of Subsidized Industrial House No. ......... on hire purchase basis under the Allotment of Subsidized Houses on Lease and Hire-purchase basis in Chandigarh Scheme, 1979.MemorandumReference your application, dated ............ on the above subject Subsidized Industrial House No. ................... in Sector ............ , Chandigarh, is hereby allotted to you under the allotment of Subsidized Industrial House on the lease and hire purchase basis in Chandigarh Scheme, 1979 on the following terms and conditions:-

(1)

The allotment of the house shall be governed by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 and the rules made there under.

(2)

You will pay annual instalment of Premium (in advance) by the 10th of January each year, in case you intended to pay the premium in 15 yearly instalments.

(3)

You will have the option of pay the entire consideration (premium) in lump sum. In case you pay the premium in instalments mentioned in clause 2 above, an interest at the rate of 5 per cent shall also be payable by you.

(4)

You shall also pay without demand the yearly ground rent in the manner laid down in the Chandigarh Lease-hold of Sites and Building Rules, 1973. The quantum of ground rent shall be such as may be determined by the Estate Officer.

(5)

The ground rent shall start accruing from the date of allotment.

(6)

You will pay all general and local taxes and cesses that may be imposed or levied on the said building by the competent authority from time to time.

(7)

You will not make any addition or alteration of any sort in any part of the premises without the previous permission in writing of the Estate Officer.

(8)

In the event of non-payment of the instalment of premium or ground rent on the due date or breach or non-observance by you, of any of the conditions of allotment it shall be lawful for the undersigned, notwithstanding the waiver of any previous cause or right, for the re-entry into and upon the said building or any part thereof and to re- possess, retain and enjoy the same as of his former estate. You will not be entitled to compensation whatsoever on account of such resumption.

(9)

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

(10)

The undersigned may himself or through his officers and servants at all reasonable time and in a reasonable manner after 24 hours notice in writing, enter in and upon any part of the said building for the purpose of ascertaining that you have duly observed the conditions of allotment.

(11)

You will have to execute the Hire purchase Agreement in form 'C' on Non-Judicial Stamp Paper of the proper value, within one month from the date of allotment.

(12)

The undersigned shall have full right, power and authority at all times to do himself or through his officers or 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, herein contained and to recover from you the cost of doing any such act or thing.

(13)

You will not transfer by way of sale, gift, mortgage or otherwise your rights, title or interest in the lease for a period of ten years from the date of acquiring the ownership right.

(14)

You will abide by all the terms and conditions of the allotment of Subsidized Industrial Houses on Lease and Hire Purchase basis in Chandigarh Scheme, 1979 as also the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 and the Rules made thereunder.

(15)

In the event of any dispute or differences at any time arising between the lessor or the lessee as to true intent and meaning of these presents and of each and every provision thereof, the property and rights hereby reserved or any of them or in any manner incidental or relating thereto, the said dispute or differences shall be referred to the Chief Administrator Chandigarh whose decision thereon shall be final and binding on the parties thereto.Estate Officer,Chandigarh.Form 'C'Hire-Purchase AgreementThis agreement is made ----------------------------------------, date of --------------- between the President of India (hereinafter called the owner) of the one part and Shri ---------- (hereinafter called the hirer) of the other part:Whereas the building described in the Schedule hereto annexed (hereinafter called the said building) and intended to be hereby given on the owned by hires is owner in full proprietary rights:And whereas the owner has agreed to give the said building on hire;And whereas the hirer has agreed to hire the said building;Now, therefore, his deed witnesses as follows:-

(1)The owner hereby demises to the hirer the said building to be held the same by hirer, subject to exceptions, reservations, conditions and covenants hereinafter contained and each of them.

(2)The hirer shall be governed by the Provisions of the Capital of Punjab (Development and Regulation) Act, 1952, and the rules made thereunder from time to time and the allotment of Subsidized Industrial Hoses on Lease and Hire Purchase basis in Chandigarh Scheme, 1979.

(3)The hirer has paid a sum of Rs. .......... as the first annual instalment of the hire in advance on the date of this agreement (the receipt whereof owner hereby acknowledges). The hirer shall hereinafter pay to the owner for use of the said building the total amount of rent/premium together with interest thereon at the rate of 5-per cent per annum, in 14 annual instalments on or before the 10th day January.

(4)In case the hirer pays to the owner all instalments as aforesaid, that is in all sum of Rs. ..............., it shall be the option of the hirer to become the owner of the said building. But until the actual payment of Rs. .................. is made the ownership of the said right to part with the Possession of the said building.

(4A)

The hirer shall pay without demand unto the owner, the yearly ground rent that in the manner laid down in the Chandigarh Lease-hold of Sites and Buildings Rules, 1973.

(5)In case the hirer shall desire to terminate this agreement prior to the payment of all the instalments of hire as aforesaid, he shall give one month's notice of his intention to the Estate Officer by registered post. The hirer shall, however, be bound to pay all the instalments of rent due up to date.

(6)In case the hirer makes default in the payment of hire instalments as agreed or any other charges due from him or fails to comply with any of the conditions contained in this agreement the owner may, after giving fifteen days notice, terminate the hiring. In that event the owner shall be entitled to resume and take possession of the said building and the hirer shall give access to the owner for such purposes and the owner shall not be liable to the hirer for such action in any manner whatsoever. The owner in such an event shall also be entitled to recover from the hirer all the instalments of rent in arrears.

(7)So long as the actual payments of a total sum of Rs. ---------------- as hire and the payment of Rs. ---------------- for option to purchase, is not made, the said building shall not be liable to attachment or sale by any process under any law for the time being in force, otherwise than under the Capital of Punjab (Development and Regulation) Act, 1952 and shall also remain the sole and absolute property of the owner and any transfer thereof or assignment of any right, title or interest therein or the creation of any mortgage, encumbrance or any other charge thereon by the hirer shall be void as against the owner unless it has been made with the previous consent in writing of the owner.

(8)The hirer shall pay all general and local taxes and cessess which my be levied or imposed on the said building by the competent authority.

(9)The hirer shall not make any addition or alteration of any sort in any part of the said building without the previous permission in writing of the owner.

(10)The hirer shall be all times keep and maintain the said building in a proper state of repairs and cleanliness to the satisfaction of the owner or his officers and servants duly authorised by him in this behalf.

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