GOVERNMENT OF INDIA
Chandigarh Administration Gazette
Published by Authority
NO. 40] CHANDIGARH, THURSDAY, APRIL 07, 2022 ( CHAITRA 17, 1944 SAKA)
CHANDIGARH ADMINISTRATION
FINANCE DEPARTMENT
(ESTATE-II BRANCH)
Notification
The 6th April, 2022
No. 45/5/22-UTF(3)-2022/5061.—In exercise of the powers conferred by Section 3 and 22 of the Capital of Punjab (Development and Regulation) Act, 1952 as adapted by the Punjab Reorganization (Chandigarh) Adaption of Laws (on State and Concurrent Subjects) Order, 1968 and all other powers enabling him in this behalf, the Administrator, Union Territory of Chandigarh is pleased to make the following Rules, to amend the Chandigarh Estate Rules, 2007, namely :—
1. These rules may be called the Chandigarh Estate (Amendment) Rules, 2022.
2. It shall come into force from the date of publication in the official Gazette.
3. In the Chandigarh Estate Rules, 2007 the existing provisions of Rule 7, sub-rule (i), shall be substituted as under :—
"Rule 7 Transfer of Site/Building by the allottee/lessee.
(i) Allotment cases: No site/building sold by way of allotment, whether on lease hold basis or on free hold basis, shall be allowed to be transferred before the expiry of 15 years from the date of allotment unless in the opinion of the Estate officer exceptional circumstances exist for the grant of permission to transfer before the said period.
Provided that in case of transfer after the expiry of ban period of 15 years by the original transferee (allottee/lessee) by way of sale/gift/mortgage or otherwise of the site or any right, title or interest therein, 1/4th of the unearned increase in the value (i.e. the difference between the price paid by the original allottee/lessee and the market value of the site/building at the time of permission of transfer) shall be paid to the government before 376 CHD. ADMN. GAZ., APRIL 07, 2022 ( CHTR. 17, 1944 SAKA) registering such sale of transfer. The market value of the property for this purpose shall be assessed by Estate Officer or such other authority as may be prescribed by the chief Administrator. The current market value of the property shall be assessed in view of the average of auction price over the last three financial years for property of the same category or on the basis of such other factors as the Estate officer considers to be appropriate. The present value of the original premium shall be calculated by enhancing the premium by 9% per annum compounded annually, from the date(s) of payment. The difference between these two values shall be the unearned increase. During assessment, notice shall be issued to the lessee(s) and he/she shall be afforded an opportunity of being heard and the transferee shall be entitled to produce his/her evidence and of being heard;
Provided that there shall be no restriction of ban period and liability of unearned increase charges on transfer of the site building allotted on free hold basis, if the allottee/transferee has paid full consideration amount/price, dues etc. of the site:
Provided that 1/4th of the unearned increase in the value will not be charged if the mortgage or charge of a site/building is created with previous consent in writing of the Estate officer, in favour of the Central Government, State Government, Chandigarh Administration, Life Insurance Corporation of India or any scheduled Bank for securing a loan to be advanced by them for constructing the building on the site :
Provided further that the Government shall have the pre emptive right to purchase the mortgaged or charged property after deducting 1/4th of the unearned increase as aforesaid:
Provided further that the Government's right to recovery of 1/4th of unearned increase and the emptive right to purchase the property as mentioned herein before shall apply equally to an involuntary sale of transfer whether it be or by or through an executing or insolvency court".
(Sd.) . . .,
Finance Secretary-cum-Secretary Estate, Chandigarh Administration.
CHD. ADMN. GAZ., APRIL 07, 2022 ( CHTR. 17, 1944 SAKA) 377CHANGE OF NAME
I, Bhatari, W/o Chander Bhan, # 4165-B, Type-2, Sector-46, Chandigarh, changed my name Bhateri Devi.
[240-1]
I, Baljit Singh Balli, S/o Tirath Singh, # 1432/10, Sector 29-B, Chandigarh, have changed my name to Baljit Balli.
[241-1]
I, Dipak Kumar, S/o Atar Singh Janwaliya, # 3620 TF, Sector 23-D, Chandigarh, have changed my xxxxxxxxxxxxxx
name to Dipak Kumar Janwaliya.
[242-1]
"No legal responsibility is accepted for the contents of publication of advertisements/public notices in this part of the Chandigarh
Administration Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal
consequences and also for any other misrepresentation etc."
040—Ptg. & Sty. Deptt., U.T., Chd.