Notification, 2003

Text

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Notifications and Orders

(59) Directions relating to Rates of Composition Fees - In supersession of Chief Administrator’s Office order, dated 22nd May, 2002 bearing endorsement No. 1 l/2/64-UTFI(4)-2002/4831-32, dated 23rd May, 2002 and in exercise of the powers conferred under section 4 of the Capital of Punjab Capital (Development and Regulation) Act, 1952, the Chief Administrator, Union Territory, Chandigarh, hereby issues the following directions relating to fixing of rates of composition fee to be paid by the allottees/owners for regularization of following cases of violations/ relaxation of the Punjab Capital (Development and Regulation), Building Rules, 1952, and the directions issued thereunder (collectively the Building Bye-Laws): -

1. Paragraph 1,3 and 5 of the order dated 8th September, 2000 issued, - vide Endorsement No. 11/2/64/UTFI(4)-2000/8976-78, dated 8th September, 2000 shall be deleted.

2. The erection of partitions in Multi-bay ground floor shops for the purpose of independent usage of each partitioned space shall be allowed in accordance with the Building Bye-laws on payment of charges as follows

(a) Sector 17, Sector 34, V-2 and V-3 roads Rs. 100 per sq. ft.

(b) Other locations in Chandigarh Rs. 80 per sq. ft.

The entire ground floor covered area shall be charged.

It is clarified that need-based partitions required for the needs of a single user of the entire ground floor spaced such as office, bank, departmental store etc. shall not be subject to the above charges. In such cases it shall be ensured that the entire floor has an open floor plan and is designed to function as a single unit.

It is further clarified that the above charges are payable for relaxation/ composition under the Building Bye-laws. The declaration of a commercial building by sub-dividing it into apartments shall have to be undertaken separately as per the procedure and charges specified in the Chandigarh Apartment Rules,

3. The upper floors of SCOs (including SC F’s converted to SCOs under the rules) meant for office use shall be allowed on payment of charges to be used for the more intensive purpose of shopping (display and sale of goods) arid restaurants (sale and serving of prepared foods and beverages including banquet facilities) provided that such use is allowed under the building rules, Bye-laws and zoning plans. Where applicable, permission for conversion of trade will have to be obtained, where necessary. The charges shall be as follows

(a) In Sector 17, Sector 34, all V-2 and V-3 roads

(i) For 1st floor Rs. 200 per square foot

(ii) For 2nd floor Rs. 150 per square foot

(iii) (For 3rd and Higher floors) Rs. 100 per square foot

(b) Other locations in Chandigarh

(i) For 1st floor Rs. 130 per square foot

(ii) For 2nd floor Rs. 100 per square foot

(iii) (For 3rd and Higher floors) Rs. 70 per square foot The entire covered area proposed to be converted shall be charged. In case the entire floor is not to be converted, the proportionate area of stairway, landing etc. shall be charged. It is clarified that in case of SCF, the above charges shall be in addition to any charges for converting the flats from residential use to commercial (office) use.

4. The relaxation of Building Bye-laws in commercial sites in Sector-7, Sector -5 and Sector 26 (including Grain Market) shall be allowed as per the conditions specified in order No. UTFI(3)- 93/716, dated 22nd January, 1993 and Building Bye-laws and directions issued thereunder from time to time, upon payment of charges determined at the rate of Rs. 2000 per sq. yard of the area of the site.

5. Payment of charges to be made as per this order shall be as follows:—

(a) 20% with the application submitted to the Estate Officer.

(b) Balance within 30 days of the issue of permission by the Estate Officer or in 4 annual equated instalments with interest at 10% per annum, compounded annually. (&) In case of any delayed payments, interest shall be charged on the overdue payment at 18% per annum, compounded annually.

6. In case occupier of a building, not being the transferee/lessee applies for relaxation of the Building Bye-laws in terms of para 2, 3 or 4 above, then the Estate Officer shall follow the procedure as described in paragraph (11) of the Notification No. 28/3/3-UTFI(3)-2002/6479-80, dated 17th July, 2002 pertaining to Conversion of Trade.

7. Upon failure to make payment of the prescribed charges in a period of 30 days from the due date, the Estate Officer, after issue of notice and affording the applicant an opportunity of being heard, may cancel the permission. Thereafter, the allottee/applicant/occupier shall be liable for the consequences due to mis-use or violation of Building Bye-laws.

(Published in Chd. Administration Gaz. (Extra) dated 17.7.2002 at Pages 1847-4'8)'

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the Capital of Punjab (Development and Regulation) Act, 1952