Chandigarh (Sale of Sites and Buildings) Rules, 1960 6C

Section 6C · Application for transfer under Hire-Purchase Agreement

(1)

In case of hiring of sites or buildings by hire-purchase agreement the intending hirer shall make an application to the Estate Officer in Form 'AA.'

(2)

No application under sub-rule (1) shall be entertained unless it is accompanied by an amount equal to [first month's rent] [The words 'first month's rent' substituted for the words 'One month's rent' - vide Chandigarh Administration notification No. 2840-U.T. F2-73/7765, dated the 18th June, 1973 and applicable to the hire purchase agreements under the Allotment of Booths on Lease and Hire Purchase Basis to eligible shopkeepers of Nehru and Shastri Markets in Chandigarh Scheme, 1972 notified in the Chandigarh Administration Gazette No. U.T. 1443-F2-72/3559, dated the 6th March, 1972 and also to such other hirers as mentioned in the notification, dated the 18th June, 1973.] payable under rule 11A in the form of demand draft payable to the Estate Officer and drawn on any Scheduled Bank situated at Chandigarh or at any other place specified by the Estate Officer, or is paid in cash in the Estate Office in the discretion of the Estate Officer.

(3)

When an amount equal to [first month's rent] [See Ibid.] has been so tendered, the Estate Officer shall, subject to such directions as may be issued by the Chandigarh Administrator in this behalf allot a site of the size applied for or a building of which particulars are given in the application and shall intimate, by registered post, the number, approximate area and rent payable for the site or building allotted to the applicant.

(4)

The applicant shall, unless he refuses to accept the allotment within thirty days of the date of receipt of the allotment order, deposit within that period and in the manner set out in sub-rule (2) the required amount so that the total amount including the amount already paid under sub-rule (2) equals at least [first] [The word 'first' inserted. - vide Chandigarh Administration notification No. 2840-U.T.-F2-73/7765, dated the 18th June, 1973 and applicable to the hire-purchase agreements under the Allotment of Booths on Lease and Hire-Purchase Basis to eligible shopkeepers of Nehru and Shastri Markets in Chandigarh Scheme, 1972 notified, in the Chandigarh Administration Gazette No. U.T. - 1443-F2-72/3559, dated the 6th March, 1972 and also to such other hirers as mentioned in the notification dated the 18th June, 1973.] three month's rent payable under rule 11-A. In case of failure to deposit the said amount the allotment may be cancelled and the payment made under sub-rule (2) may be forfeited to Government by the Estate Officer in whole or in part and the applicant shall have no claim to any damages, whatsoever, on this account.

(5)

If the applicant refuses to accept the allotment within the said period of thirty days, he will be entitled to the refund of the amount paid by him. The refusal shall be communicated to the Estate Officer by a registered letter (acknowledgement due). The refund shall be made by means of the cheque drawn on the State Bank of India at Chandigarh or any other place specified by the Estate Officer and the applicant shall have no claim in respect of the collection charges for the cheque.

(6)

In case of acceptance of the allotment order within the said period of thirty days, the amount paid under sub-rules (2) and (4) shall be treated as security for the faithful performance of the hire-purchase agreement to be executed by the hirer under rule 6D and shall be refundable after the termination or the expiry of the hire-purchase agreement if the same is not forfeited to the Government.

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