ANDHRA PRADESH HOUSING BOARD ACT, 1956
46 of 1956
5th October, 1956
An Act to provide for measures to be taken to deal with and satisfy the need of housing accommodation. Preamble :- Where as it is expedient to take such measures, to make such schemes and to carry out such works as are necessary for the purpose of dealing with and satisfying the need of housing accommodation and with that object in view it is necessary to establish a Board and to make certain other provisions hereinafter appearing. Be it enacted in the Seventh year of our Republic as follows
CHAPTER 1 Preliminary
Section 1 Short title extent and commencement
(1) This Act may be called the Andhra Pradesh Housing Board Act, 1956.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date and in such areas as the State Government may, by notification in the Andhra Pradesh Gazette, appoint and different dates may be appointed for different areas.
Section 2 Definitions
In this Act, unless there is anything repugnant in the subject or context:
(1) "Board" means the Housing Board constituted under Section 3;
(2) "Board premises" means any premises belonging to or vesting in the Board or taken on lease by the Board or entrusted to the Board under this Act for management and use for the purposes of this Act;
(3) "Building materials" means such commodities or articles as are specified to be building materials for the purpose of this Act by the Government by notification in the Andhra Pradesh Gazette;
(4) "Bye laws" means bye laws made under Section 72;
(5) "Chairman" means the Chairman of the Board,
(6) "Competent Authority" means any person authorised by the Government by notification in the Andhra Pradesh Gazette to perform the functions of the competent authority under Chapter VI for such areas as may be specified in the Notification;
(7) "Corporation" means a Municipal Corporation constituted under the Hyderabad Municipal Corporations Act, 1955 (11 of 1956) for the cities of Hyderabad and Secunderabad;
(7-A) "Government" means the State Government.
(8) "Housing Scheme" means a housing scheme made under this Act;
(9) "Land" includes benefits arising out of land and things attached to the earth or permanently fastened to any thing attached to the earth;
(10) "Local authority" includes Municipal Corporation, Municipal and Town Committees, District Municipalities, Zilla Parishads, Panchayat Samithis and Village Panchayats;
(11) "Member" means a member of the Board.
(12) "Premises" means any land or building or part of a building and includes.
(i) gardens, grounds and outhouses, if any, appurtenant to such building or part of a building, and
(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(13) "Prescribed" means prescribed by rules made under this Act;
(14) "Programme" means the annual housing programme prepared by the Board under Section 24;
(15) "Regulations" means Regulations made under Section 71;
(16) "Rules" means Rules made under Section 70;
(17) "Secretary" means the Secretary of the Board;
(18) "Tribunal" means any Tribunal constituted under Section 47; and
(19) "Year" means the year commencing on the 1st day of April and ending on the 31st March.
CHAPTER 2 Establishment of the Board
Section 3 Incorporation
(1) With effect from such date as the Government may by notification in the Andhra Pradesh Gazette appoint in this behalf, there shall be established for the purposes of this Act, a Board by the name of the Hyderabad Housing Board.
(2) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name and shall be competent to acquire and hold property both moveable and immoveable and to contract and do all things necessary for the purposes of this Act.
(3) For the purposes of this Act, the Land Acquisition Act, 1894 (Central Act I of 1894), and the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, (Andhra Pradesh Act XV of 1960), the Board shall be deemed to be a local authority;
Section 4 Constitution of the Board
(1) The Board shall consist of the following members namely :-
(a) A Chairman to be appointed by the Government;
(b) The Vice Chairman and Housing Commissioner, Ex Officio.
(c) The Commissioner for Weaker Sections Housing Programmes Ex-Officio-Secretary, Social Welfare Department, Ex Officio;
(d) One Officer of the Housing, Municipal Administration and Urban Development Department, to be nominated by the Government;
(e) One Officer of the Finance and Planning (Finance Wing) Department to be nominated by the Government;
(f) The Chief Engineer (Public Health), Ex-Officio;
(g) The Chief Engineer (Buildings), Ex-Officio;
(h) The Director of Town Planning, Ex-Officio;
(i) The Director of Municipal Administration, Ex-Officio;
(j) The Secretary, Andhra Pradesh State Electricity Board, Ex-Officio;
(k) The Commissioner of Municipal Corporation of Hyderabad, Ex-Officio;
(l) One person, to be nominated by the Government from among the Vice Chairman of the Urban Development Authorities in the State;
(m) One representative of the financial institutions providing financial assistance to the Board to be nominated by the Government;
(n) Three members, to be nominated by the Government each to represent the Coastal Andhra, the Rayala Seema and Telangana regions of the State;
(o) One member, to be nominated by the Government, to represent the cities of Hyderabad and Secunderabad.
(2) Any member of the Board may at any time resign his Office by submitting his resignation to the Government;
Explanation:- Any provision relating to a member contained in sub-section (2) of this section, sub-sections (1) and (2) of Section 7, and Sections 8 and 9 shall, except where the context otherwise requires, be deemed to apply also to the Chairman
Section 4A
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Section 5 Leave or absence of Chairman
The Government may from time to time grant to the chairman such leave as may be admissible under the rules and any person whom the Government appoints to act for the Chairman during such absence on leave shall, while so acting be deemed for all purposes of this Act to be the Chairman.
Section 6 Disqualification for appointment on Board
(1) A person shall be disqualified for being appointed or continuing as the Chairman or member of the Board, if he
(a) holds any Office or place of profit under the Board;
(b) is of unsound mind and stands so declared by a competent court:
(c) is an undischarged insolvent;
(d) subject to the provisions of Sub-section (2) has directly or indirectly by himself or his partner or if he belongs to joint Hindu family by any member of such family any share or interest in any contract (except as a share holder other than a Director in a company) or employment with by or on behalf of the Board.
(2) A person shall not be deemed to have incurred disqualification under Clause (d) of sub section (1) by reason only of his
(a) receiving pension from the Board;
(b) having any share or interest in
(i) any lease, sale, exchange or purchase of land or any agreement for the same;
(ii) any agreement for the loan of money or any security for the payment of money only.
(iii) any newspaper in which any advertisement relating to the affairs of the Board is inserted.
(iv) any joint stock board or any society registered or deemed to be registered under the Andhra Pradesh (Andhra Area) Co operative Societies Act, 1932 (Act VI of 1932) or under the Hyderabad Co operative Societies Act, 1952 (XVI of 1952) which shall contract with or be employed by the Chairman or any Officer on behalf of the Board;
(v) the occasional sale to the Chairman or any Officer on behalf of the Board of any article in which he regularly trades, of a value not exceeding in the aggregate in any financial year one thousand rupees;
(vi) the occasional letting out on hire to the Board or hiring from the Board of any article for an amount not exceeding in the aggregate in any one financial year five hundred rupees.
(c) Occupying as a tenant for the purpose of residence any premises belonging to the Board.
Section 7 Term of Office and conditions of service
(1) The Chairman and every Member of the Board, other than ex-officio Members, shall hold office during the pleasure of the Government.
(2)Every member shall receive such allowance as may be prescribed which shall be paid from the Fund of the Board
(3) The Chairman may hold office in an honorary capacity or on payment of remuneration. If any remuneration is to be paid to the Chairman, such remuneration and other conditions of service shall be such as may be prescribed. The remuneration shall be paid from the fund of the Board.
Section 8 Vacancy of a member
If a member.
(a) becomes subject to any of the disqualifications mentioned in Section 6, or
(b) tenders his resignation in writing to the Government; or
(c) is absent without the permission of the Board from three successive ordinary meetings of the Board, he shall cease to be a member.
Section 9 Vacancy to be filled
Any vacancy in the Office of a member due to death, resignation or removal or becoming incapable of acting as such shall be filled by the Government, by appointment of a person thereto, who shall hold Office so long only as the member in whose place he is appointed would have held it if the vacancy had not occurred.
Section 10 Vacancy or irregularities not to invalidate the proceedings
(1) No act of the Board or any person acting as Chairman or member thereof shall be deemed to be invalid by reason only of some defect in the appointment of such Board or appointment of such Chairman or member, or on the ground that they or any of them were disqualified for such Office or that formal notice of the intention to hold a meeting of the Board was not duly given or for any informality.
(2) Any thing done or any proceeding taken under this Act shall not be questioned on account of any vacancy in the Board.
Section 11 Appointment of Committees
Subject to such rules as may be made in this behalf the Board may, from time to time, and for any particular local area appoint one or more committees for the purpose of discharging such duties or performing such functions as it may delegate to them and any such committee may discharge such duties or perform such functions with due regard to the circumstances and requirements of that particular area.
Section 12 Meetings of the Board
The Board shall meet and shall from time to time make such arrangements with respect to the day, time, notice ,management and adjournment of its, meetings as it thinks fit subject to the following provisions, namely :
(a) An ordinary meeting shall be held once at least every month:
(b) The Chairman may whenever he thinks fit, call for a special meeting;
(c) The quorum for a meeting shall be half the whole number of the members;
(d) Every meeting shall be presided over by the Chairman and in his absence, by any member chosen by the members present at the meeting to preside for the occasion;
(e) If less than one half of the whole number of members is present at a meeting, the Chairman shall adjourn the meeeting to such time on the following day or some other future day as he may fix. A notice of the meeting so fixed shall be posted in the Board's Office. The business which could not be considered at the meeting so postponed for want of quorum shall be brought before and disposed of at the meeting so fixed or at any subsequent adjourned meeting irrespective of whether there be any quorum or not;
(f) All questions at any meeting shall be decided by a majority of votes of the members present and voting and in case of equality of votes the person presiding shall have and exercise a second or casting vote.
(g) The minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose.
Section 13 Power to make contracts
The Board may enter into and perform or require the performance of all such contracts as it may consider necessary or expedient for carrying out any of the purpose of this Act.
Section 13A Appointment of Vice Chairman and Housing Commissioner
(1) The Government may appoint a Vice Chairman and Housing Commissioner to the Board, who shall be the Chief Executive Officer of the Board and he shall be responsible for implementing the resolutions of the Board or any committee thereof. The Vice Chairman and Housing Commissioner shall also exercise such powers and perform such functions as may be entrusted to him by the Government. The staff borne on the establishment of the Board shall be under the administrative control and supervision of the Vice Chairman and Housing Commissioner.
(2) The Government shall pay in the first instance out of the Consolidated Fund of the State, the salary, allowances, leave allowances, pension and contributions, if any, towards the provident fund or provident cum pension fund of the Vice Chairman and Housing Commissioner appointed by them for the Board, and it shall be subsequently reimbursed from the fund of the Board, in such manner as may be prescribed.
(3) The Government shall have power to make rules to regulate the classification and methods of recruitment, conditions of service, pay and allowance and discipline and conduct of the Vice Chairman and Housing Commissioner.
Section 14 Execution of contract
(1) Every Contract shall be made on behalf of the Board by the Vice Chairman and Housing Commissioner. Provided that
(a) No contract involving an expenditure of rupees fifteen lakhs and more shall be made without the previous sanction of the Government;
(b)
(i) No contract involving an expenditure of rupees three thousand and more shall, subject to Clause (a), be made without the previous sanction of the Board.
(ii) No estimate or tender involving an expenditure of rupees three thousand and more shall subject to Clause (a), be sanctioned or accepted without the previous sanction of the Board.
(2) Sub section (1) shall apply to every variation or abandonment of a contract or estimate as well as to an original contract or estimate.
Section 15 Further Provisions as to execution of contracts
(1) Every contract made by the Vice Chairman and Housing Commissioner on behalf of the Board, shall subject to the provision of this Section, be entered into in such manner and form as may be prescribed.
(2) A contract not executed as provided in this section and the rules made thereunder shall not be binding on the Board.
Section 16 Application of Services Rules and Certain other rules
Unless otherwise provided in this Act or prescribed thereunder the provisions of the Service Rules for the time being in force in the State relating to salaries, leave, pensions, travelling allowance, retirements and all conditions of service and the rules for the time being in force relating to the conduct of Government servants and enquiries into the conduct and punishment of Government servants, shall apply to the Officers and servants of the Board appointed under Section 17.
Section 17 Appointment of Officers Servants
(1) Subject to the provisions of this Act the Board may have a Secretary, xxx one or more Assistant Housing Commissioners and such other engineers, architects, Officers and servants as it shall deem necessary and proper for the efficient execution of its duties and shall from time to time prepare, for the sanction of Government, a schedule of the staff to be so maintained setting forth their designations, grades, salaries, fees and allowances, and their respective duties and may also determine which of the staff is to be maintained permanently and which temporarily:
Provided that the Board shall set forth the designations and determine the grades, salaries, fees and allowances and in conformity with the arrangements prevailing and the schedule of rates in vogue in the establishment of the Government.
Provided further that the power of appointing such Officers and servants whose minimum monthly salary exclusive of allowances exceeds rupees two hundred and fifty shall vest in the Government.
(2) Notwithstanding anything in Sub section (1), the Government may transfer any Officer or servant of the Board taken over by it from the Hyderabad City improvement Board or the Secunderabad Town, Improvement Trust under Section 19 or from any Department of the Government, to the service of the Government and transfer any Officer of the Government to the service of the Board.
(3) The Board shall have the power to create with the previous approval of the Government, such posts of officers and servants whose minimum monthly salary exclusive of allowances does not exceed rupees two hundred and fifty, as it may consider necessary for carrying out the purposes of this Act.
Section 18 Condition of service of Officers and servants
The remuneration and other conditions of service of the Secretary, xxx and other Officers and servants of the Board shall be such as may be prescribed.
Section 18A Delegation
Subject to any rule that may be made in this behalf the Board may by order delegate any of its powers to the Vice Chairman and Housing Commissioner or to any other Officer of the Board. The exercise of any powers delegated under this Section shall be subject to such restrictions, limitations and conditions and to such control by the Board as may be specified in the order.
Section 19 Absorption of the existing staff of the Hyderabad City Improvement Board and the Secunderabad Town Improvement Trust by the Board
The Board shall take over and employ such of the existing staff serving for the purposes of the Hyderabad City Improvement Board and the Secunderabad Town Improvement Trust as the Government may direct, and every person so absorbed shall be governed by the provisions of this Act and the rules and regulations made thereunder.
Section 20 General disqualification of all officers and Servants
No person who has directly or indirectly by himself or his partner or agent any share or interest in any contract by or on behalf of the Board, or in any employment under by or on behalf of the Board otherwise than as an Officer or servant thereof, shall become or remain an Officer or servant of the Board.
CHAPTER 3 Housing Schemes
Section 21 Duty of Board to undertake Housing Schemes
Subject to the provisions of this Act and subject to the control of the Government, the Board may incur expenditure and undertake works for the framing and execution of such housing Schemes as it may consider necessary, from time to time, or as may be entrusted to it by the Government.
Section 22 Matters to be provided for by housing schemes
Notwithstanding anything contained in any other law for the time being in force, a Housing Scheme may provide for all or any of the following matters, namely:-
(a) the acquisition by purchase, exchange or otherwise of any property necessary for or effected by the execution of the scheme;
(b) the laying or relaying out of any land comprised in the scheme;
(c) the distribution or redistribution of sites belonging to owners of property comprised in the scheme;
(cc) the improvement and clearance of slums in the area included in the scheme.
(d) the closure or demolition of dwellings or portions of dwellings unfit for human habitation;
(e) the demolition of obstructive buildings or portions of buildings;
(f) the construction and reconstruction of buildings their maintenance and preservation;
(g) the sale (including on hire purchase system), letting or exchange of any property comprised in the scheme;
(h) the construction and alteration of streets and back lanes;
(i) provision of the draining, water supply and lighting of the area included in the scheme;
(j) the provisions of parks, play fields and open spaces for the benefit of any area comprised in the scheme or any adjoining area and the enlargement of existing parks, play fields, open spaces and approaches;
(k) the provision of sanitary arrangements required for the area comprised in the scheme, including the conservation and prevention of any injury or contamination to rivers or other sources and means of water supply;
(1) the provision of accommodation for any class of inhabitants;
(m) the advance of money for the purposes of the scheme;
(n) the provision of facilities for communication and transport;
(o) the collection of such information and statistics as may be necessary for the purposes of this Act;
(p) any other matter for which, in the opinion of the Government, it is expedient to make provision with a view to provide housing accommodation and to the improvement or development of any area comprised in the scheme or any adjoining area or for the general efficiency of the scheme.
Section 22A Declaration of intention to make a Housing Scheme
The Board may, from time to time, by notification in the Andhra Pradesh Gazette declare its intention to make a Housing Scheme for any area setting forth the extent of land proposed to be included in the scheme and such other particulars as may be prescribed.
Section 23 No housing scheme to be made for area included in improvement scheme or be inconsistent with town planning scheme
(1) No housing scheme shall unless the Government by general or special order otherwise direct;
(a) be made for any area for which an improvement scheme, under any law for the time being in force regulating the duties and powers of a Municipal Corporation, Municipal or Town Committee, a District Municipality, a Zilla Parishad, a Panchayat Samithi or village panchayat has been sanctioned.
(b) contain any thing which is inconsistent with any matter included in a town planning scheme sanctioned by the Government under any Law for the time being in force.
(2) Should a dispute arise, whether or not a Housing Scheme--
(a) includes any area for which an improvement scheme mentioned in Clause (a) of sub section (1) has been sanctioned;
(b) contains anything inconsistent with any matter included in a town planning scheme mentioned in Clause (b) of Sub section (1); the dispute shall be referred to Government whose, decision shall be final.
Section 24 Preparation and submission of annual housing programme, budget and establishment schedule
(1) Before the first day of December in each year the Board shall prepare and forward
(i) a programme,
(ii) a budget for the next year.
(iii) a schedule of the staff of Officers and servants already employed and to be employed during the next year, to the Government in such form as may be prescribed.
(2) The programme shall contain--
(a) such particulars of housing schemes as may be prescribed and which the Board proposes to execute whether in part or whole during the next year;
(b) the particulars of any undertaking which the Board proposed to organize or execute during the next year for the purpose of the production of building materials; and
(c) such other particulars as may be prescribed.
(3) The budget shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts for the next year.
Section 25 Programme to be published for inviting suggestions and objections
(1)The Board shall, before forwarding the programme to the Government under Section 24 publish a draft of the programme in the Andhra Pradesh Gazette and in such other manner as may be prescribed.
(2) If within three weeks from the date of such application any person communicates in writing to the Board any suggestion or objection relating to such programme the Board shall consider such suggestion or objection and may modify such programme as it thinks fit.
(3) The Board shall then forward the programme, the Budget and schedule of the staff of Officers and servants to the Government for sanction as required under Section 24.
Section 26 Sanction to Programme, budget and Establishment Schedule
The Government may sanction the programme, the Budget and schedule of the staff of Officers and servants forwarded to it with such modifications as it deems fit. The programme, the budget and the schedule so sanctioned shall be laid before the Legislative Assembly as soon as may be after the programme is published.
Section 27 Publication of sanctioned programme
The Government shall publish the programme sanctioned by it under Section 26, in the Andhra Pradesh Gazette.
Section 28 Supplementary programme, budget and establishment schedule
The Board may, at any time, during the year, in respect of which a programme has been sanctioned under Section 26 submit a supplementary programme and budget and the additional schedule of the staff, if any, to the Government and the provisions of Section 26 shall apply to such supplementary programme, budget and schedule. The provisions of Section 27 shall also apply to such programme.
Section 29 Variation of programme by Board after it is sanctioned
The Board may, at any time, vary programme or any part thereof included in the programme sanctioned by the Government.
Provided that no such variation shall be made if it involves an expenditure in excess of ten percent of the amount as originally sanctioned for the execution of any housing scheme included in such programme, or affects its scope or purpose.
Section 30 Sanctioned Housing Schemes to be executed
After the programme has been sanctioned and published by the Government under Sections 26 and 27, the Board shall, subject to the provisions of Section 29 proceed to execute the housing schemes included in the programme.
Section 31 Publication of housing scheme in Andhra Pradesh Gazette
(1) Before proceeding to execute any housing scheme under Section 30, the Board shall, by notification in the Andhra Pradesh Gazette, publish the scheme. The notification shall specify that the plan, showing the area which it is proposed to include in the housing scheme and the surrounding lands, shall be open to inspection of the public at all reasonable hours at the Office of the Board.
(2) If within two weeks from the date of the publication of the Housing Scheme any person communicates in writing to the Board any suggestion or objection relating to the scheme, the Board shall consider such suggestion or objection and may modify the scheme as it thinks fit.
(3) The Board shall then by notification in the Andhra Pradesh Gazette publish the final scheme. The notification shall specify that the plan, showing the area included in the final scheme and the surrounding lands and other particulars as may be prescribed shall be open to inspection of the public at all reasonable hours at the Office of the Board.
(4) The publication of a notification in the Andhra Pradesh Gazette under Sub section (3) shall be conclusive evidence that the said scheme has been duly framed.
Section 32 Transfer to the Board for purposes of housing scheme of land vested in local authority
(1) Whenever any street, square or other land, or any part thereof which is situated within the jurisdiction of a local authority and is vested in the said local authority, is within the area included in the programme sanctioned by the Government and is required for the purpose of such housing scheme, the Board shall give notice accordingly to the local authority in which it vests.
(2) Where the said local authority concurs, such street, square or other land or part thereof shall vest in the Board.
(3) Where there is any dispute the matter shall be referred to the Government. The Government shall, after hearing the local authority concerned, decide the matter and the decision of the Government shall be final. If the Government decides that such street, square or land, shall vest in the Board, it shall vest accordingly.
(4) Nothing in this Section shall effect the rights or powers of the local authority in or over any drain or water work in such street, square or land.
Section 33 Compensation in respect of land vested in the Board
(1) Where any land vests in the Board under the provisions or Section 32 and the Board makes declaration that such land shall be retained by the Board only until it reverts in the local authority as part of a street or an open space under Section 36 no compensation shall be payable by the Board to the local authority in respect of that land.
(2) Where any land vests in the Board under Section 32 and no declaration is made under Sub section (1) in respect of the land, the Board shall pay to the local authority as compensation a sum equal to the value of such land.
(3) If, in any case where the Board has made a declaration in respect of any land under sub section (1), the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not revert in the local authority the Board shall pay to the local authority compensation in respect of such land in accordance with the provisions of Sub section (2).
Section 34 Power of Board to turn or close public street vested in it
(1) The Board may turn, divert, discontinue the public use of, or permanently close, any public street vested in it or any part thereof.
(2) Whenever the Board discontinues the public use of, or permanently closes any public street vested in it or any part thereof, it shall, as far as practicable, provide some other reasonable means of access to be substituted in lieu of the use, by those entitled, of the street or part thereof and pay reasonable compensation to every person who is entitled, otherwise than as a mere member of the public, to use such street or part as a means of access and has suffered damage from such discontinuance or closing.
(3) In determining the compensation payable to any person under sub section (2) the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street at or about the same time that the public street or part thereof on account which the compensation is paid, is discontinued or closed.
(4) When any public street vested in the Board is permanently closed under sub section (1), the Board may sell or lease so much of the same as is no longer required.
Section 35 Reference to Tribunal in case of dispute under Section 33 or 34
If there is any dispute as to whether any compensation is payable under Section 33 or as to the amount of compensation payable under Section 33 or Section 34, as the case may be, the matter shall be referred to the Tribunal.
Section 36 Vesting in local authority of street laid out or altered and open space provided by the Board under housing scheme
(1) Whenever the Government is satisfied--
(a) that any street laid out or altered by the Board has been duly levelled, paved, metaled, flagged, channelled, sewered and drained in the manner provided in the programme sanctioned by the Government under Section 26; and
(b) that such lamps, lamp posts and other apparatus as the local authority considers necessary for the lighting of such street and as ought to be provided by the Board have been so provided; and
(c) that water and other sanitary conveniences have been duly provided in such street; the Government may declare the street to be a public street and the street shall thereupon vest in the concerned local authority and shall thenceforth be maintained, kept in repair, lighted and cleaned by the said local authority.
(2) When any open space for purposes of ventilation or recreation has been provided by the Board in executing any housing scheme, it shall on completion be transferred to the local authority concerned, by resolution of the Board, and shall thereupon vest in, and be maintained at the expense of, the local authority;
Provided that the local authority may require the Board before any such open space is so transferred to enclose, level, turf, drain and layout such space and provide foot paths therein, and if necessary, to provide lamps and other apparatus for lighting it.
(3) If any difference of opinion arises between the Board and the local authority in respect of any matter referred to in the foregoing provisions of this Section, the matter shall be referred to the Government whose decision shall be final.
Section 37 Other duties of the Board
It shall be the duty of the Board to take measures with a view to expediting and cheapening construction of Buildings and the Board may for that purpose do all things for.
(a) unification, simplification and standardisation of building materials;
(b) encouraging prefabrication and mass production of house components;
(c) organising or undertaking the production of building materials required for the housing schemes;
(d) encouraging research for discovering cheap building materials and evolving new methods of economic construction;
(e) securing a study and sufficient supply of workmen trained in the work of construction of buildings.
Section 38 Reconstitution of plots
A housing scheme may provide--
(a) for the formation of a reconstituted plot by the alteration of the boundaries of an original plot;
(b) with the consent of the owner that two or more original plots each of which is held in ownership in severalty or in joining ownership shall, with or without alteration of boundaries be held in ownership in common as a reconstituted plot;
(c) for the allotment of a plot to any owner dispossessed of a land in furtherance of the housing scheme; and
(d) for the transfer of ownership of a plot from the person to another.
Section 39 Power to exempt schemes from provisions of Sections 24 to 31
The Government may, by general or special order published in the Andhra Pradesh Gazette exempt any housing scheme entrusted by it to the Board from all or any of the provisions of Sections 24 to 31 (both inclusive) subject to such conditions if any, as it may impose or may direct that any such provision shall apply to such scheme with such modifications as may be specified in the order.
CHAPTER 4 Acquisition and Disposal of Land
Section 40 Power to purchase or lease by agreement
(1) The Board may enter into an agreement with any person for the acquisition from him by purchase, lease or exchange, of any land which is needed for the purposes of a housing scheme or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or interference therewith.
(2) The Board may also take steps for the compulsory acquisition of any land or any interest therein required for the execution of a housing scheme in the manner provided in Land Acquisition Act, 1894 (Central Act 1 of 1984), as modified by this Act and the acquisition of any land or any interest therein for the purposes of this Act shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894. (Central Act 1 of 1894).
Section 40A Modification of the Land Acquisition Act, 1894
For the purpose of acquiring land for the Board under the Land Acquisition Act, 1894 (Central Act 1 of 1894), the said Act shall be subject to the following modifications, namely
(a) the publication of a draft notification under Section 22-A shall be substituted for and have the same effect as publication in the Andhra Pradesh Gazette and in the locality of a notification under Sub section (1) of Section 4 of the said Act, except when notification under sub section (1) of Section 4 or a declaration under Section 6 of the said Act has been previously made and is in force;
(b) Section 17 of the said Act as in force in the State of Andhra Pradesh shall have effect as if, after sub Clause (iii) of Clause (b) of Sub section (2) of that Section, the following had been added, namely: (iv) for the execution of any Housing Scheme under the Andhra Pradesh Housing Board Act, 1956.
Section 40B Payment of compensation
(1) Notwithstanding anything in the Land Acquisition Act, 1894 (Central Act 1 of 1894), the amount payable as compensation in respect of land acquired under this Act shall be an amount equal to twenty times the net average annual income actually derived from such land during the period of five consecutive years immediately preceding the date of notification under Section 22-A.
(2) The net average annual income referred to in Sub section (1) shall be calculated in the manner and in accordance with the principles set out in the succeeding sub sections.
(3) The net average annual income shall be one fifth of the gross rent actually derived by the owner from the land acquired and buildings if any, thereon, during the period of five consecutive years after deducting municipal taxes, revenue charges and cost of repairs for the said period of five years from such gross rent.
(4) The gross rent shall be determined by the Land Acquisition Officer by local enquiry, and, if necessary, by obtaining certified copies of extracts from the property tax assessment books of the local authority concerned showing the rental values of such lands or buildings.
(5) Where there are trees on the land acquired, the Land Acquisition Officer shall take into account the income, if any, actually derived by the owner from such trees during the said period of five years.
(6) If the land or buildings thereon remained unoccupied, or the owner has not been in receipt of any rent for the occupation of such land or buildings during the whole or any part of the said period of five years, the gross rent shall be taken to be the income which the owner would in fact have derived if the land or buildings had been leased out or given for rent during the relevant period, and, for this purpose, the income actually derived from similar lands or buildings in the vicinity shall be taken into account.
Explanation :- In this Section, building includes a house, out house, shed, hut and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever.
Section 40C Power of Government to transfer Government land to the Board
(1)The Government may, either suo moto or on the request of the Board and after consulting the Collector of the district, by order transfer any land belonging to them to the control of the Board, for the purpose of providing housing accommodation. Every such order shall be published in the Andhra Pradesh Gazette and shall be subject to such terms, conditions and restrictions as may be specified in such order and any rules made in this behalf.
(2) The Collector of the district shall, on a request being made by the Board, furnish to the Board the particulars of all un occupied lands belonging to the Government in any area specified by the Board.
Section 41 Betterment charges
(1) When by the making of a housing scheme any land in the area comprised in the scheme will in the opinion of the Board be increased in value, the Board in framing the scheme may declare that betterment charges shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land from the execution of the scheme.
(2) Such increase in value shall be the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of the buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner and the betterment charges shall not exceed one half of such increase in value.
(3) Such betterment charges shall also be leviable in respect of any land not comprised in the scheme but adjacent to the area comprised in the scheme.
Section 42 Notice to persons liable for betterment charges
(1) The Board shall give notice in the prescribed form to any person who is the owner of or has interest in the land in respect of which the betterment charges are to be levied and shall give such person an opportunity to be heard.
(2) After hearing such person or if such person fails to appear after the expiry of the period within which such person is required to appear before the Board, the Board shall proceed to assess the amount of betterment charges.
(3) Where the assessment of betterment charges proposed by the Board is accepted by the person concerned within the period specified, the assessment shall be final.
(4) If the person concerned does not accept the assessment proposed by the Board, the matter shall be referred to the Tribunal.
(5) The Tribunal shall, after holding an inquiry and after hearing the person concerned, assess the amount of the betterment charges payable by the person.
Provided that the amount of the betterment charges assessed by the Board shall not be questioned in the Tribunal merely on the ground that the increase in the value of the land from the execution of the scheme as determined by the Board was in part due to reason unconnected with the scheme.
Section 43 Agreement for payment of betterment charges
(1) Any person liable to pay betterment charges in respect of any land may at his option, instead of paying the said charges in lump sum to the Board, execute an agreement with the Board to pay the same in such number of instalments as may be determined by the Board at such interest as may be prescribed.
(2) Every payment due from any person in respect of betterment charges and every charge referred to in sub section (1) shall, notwithstanding anything contained in any other enactment and notwithstanding the execution of any mortgage or charge, created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land.
Section 44 Recovery of betterment charges
All sums payable in respect of any land by any person in respect of betterment charges under Section 41 or by any person under an agreement under Section 43 shall be recoverable on behalf of the Board as an arrear of land revenue.
Section 45 Power to dispose of land
Subject to any rules made by the Government under this Act, the Board may retain, sell, exchange, mortgage or otherwise dispose of, any land, building or other property vesting in it and situated in the area comprised in any housing scheme sanctioned under this Act.
Section 46 Dispute regarding Re-constitution of plots
(1) Where by the making of a housing scheme, any plots comprised in the area included in the scheme are reconstituted or any person is disposessed, any person affected by such reconstitution or dispossession may apply to the Board for compensation. The Board may after making such inquiry as it thinks fit decide whether the applicant is entitled to any compensation and if so to what extent. If the person is dissatisfied with the decision of the Board in the matter, he may inform the Board accordingly. The Board shall thereupon refer the matter to the Tribunal.
(2) The tribunal shall then after making an inquiry determine the amount of compensation and direct the Board to pay the same to the person entitled.
CHAPTER 5 Tribunal
Section 47 Constitution of the Tribunal
The Tribunal shall consist of a single Member who shall be a judicial officer of the status of District Judge.
Section 48 Duties of Tribunal
The Tribunal shall -
(a) decide whether any compensation is payable under Section 33;
(b) decide the amount of compensation in the matter referred to it under Section 35;
(c) decide disputes relating to betterment charges referred to it under Section 42;
(d) decide disputes relating to the reconstitution of plots referred to it under Section 46 and the amount of compensation to be awarded in consequence thereof;
(e) decide such other matters as may be prescribed.
Section 49 Powers of president
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Section 50 Powers of and procedure before Tribunal
(1) In making inquiries under Sections 33,35, 42 and 46 of the Act, the Tribunal shall have and exercise the same powers as are vested in a Civil Court in respect of
(a) proof of facts by affidavits;
(b) summoning and enforcing the attendance of any person and examining him on oath;
(c) compelling the production of documents; and
(d) issuing commissions for the examination of witnesses;
(2) In all proceedings before the Tribunal, the Tribunal shall follow such procedure as may be prescribed;
(3) Every order made by the Tribunal for the payment of money except that for the recovery of which provision has been made in Section 44 and for the delivery of the possession or removal of any structure shall be enforced by the City Civil Court, Hyderabad in the cities of Hyderabad and Secunderabad and elsewhere by the District Court in the jurisdiction of which the land comprised in the housing scheme is situated as if it was the decree of the said Court.
(4) The proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code.
Section 51 Decision of Tribunal to be final
The decision of the Tribunal on any matter referred to it under this Act shall be final and shall not be questioned in any court of law.
CHAPTER 6 Power to evict persons from Board premises
Section 52 Power to evict certain persons from Board premises
(1) If the Competent Authority is satisfied -
(a) that the person authorised to occupy any Board premises has whether before or after the commencement of this Act.
(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months; or
(ii) sublet without the permission of the Board, the whole or any part of such premises; or
(iii) otherwise acted in contravention of the terms, express or implied, under which he is authorised to occupy such premises; or
(b) that any person is in unauthorised occupation of any Board premises, the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that such person, as well as any other person, who may be in occupation of the whole or any part of the premises, shall vacate them within one month of the date of the service of the notice.
(2) If any person refuses or fails to comply with an order made under sub section (1), the Competent Authority may after giving such person a reasonable opportunity of being heard confirm such order and evict that person from, and take possession of the premises and may for that purpose use such force as may be necessary.
(2A) Where the Board premises are required by the Board for its use, the Competent Authority may, notwithstanding anything in any other law for the time being in force in this regard, by notice served in the manner laid down in sub section (1) order that every person who is in occupation of the said premises shall vacate the said premises and shall deliver possession thereof to the Board, with in the time specified in the notice. If any person refuses or fails to comply with any such order of the competent authority, the person in occupation of the premises shall be deemed to be in unauthorised occupation thereof and thereupon the competent authority may, after giving the person who is in such unauthorised occupation an opportunity of making his representation confirm the said order and evict him from, and take possession of, the premises and may for that purpose use such force as may be necessary.
(3) If a person, who has been ordered to vacate any premises under sub clause (i) or (iii) of sub clause (a) of sub section (1), within one month of the date of service of the notice or such longer time as the competent authority may allow, pays to the Board the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the competent authority as the case may be, the competent authority, shall, in lieu of evicting such person under sub section (2) cancel its order made under sub section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.
Section 53 Power to recover rent or damages
(1) Subject to any rules made by the Government in this behalf and without prejudice to the provisions of Section 52 where any person is an arrears of rent payable in respect of any Board premises, the competent authority may, by notice served (i) by post, or (ii), by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that person to pay the same together with such other amounts as may be due by him under the contract, agreement, lease, indemnity bond, damages or otherwise within such time not less than thirty days as may be specified in the notice.
(2) Where any person is in unauthorised occupation of any Board premises, the competent authority, may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit, and may by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that person to pay the damages within such time as may be specified in the notice.
(3) If any person refuses or fails to pay the amount specified in sub section (1) or (2), as the case may be, within the time specified in the notice, the competent authority may, after giving such person a reasonable opportunity of being heard, recover the amount due by him on account of arrears of rent together with such other amounts as may be due by him under the contract agreement, lease, indemnity bond, damages or otherwise, by attachment, lease, indemnity bond, damages or otherwise, by attachment and sale of the movable property of such person in the manner prescribed. Without prejudice to the aforesaid mode of recovery, such amount shall also be recoverable as if it were arrears of land revenue.
Section 54 Rent to be recovered by deductions from salary or wages in certain cases
(1)Without prejudice to the provisions of Section 52 or 53 any person who is an employee of the Government or a local authority or is a worker within the meaning of the Factories Act, 1948 (LXIII of 1948) or the Mines Act 1952 (XXXV of 1952) and who has been allotted any Board premises may execute an agreement in favour of the Board providing that the Government or the local authority or the owner of factory or mine as the case may be, under or by whom he is employed, shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent due by him in respect of the Board premises allotted to him.
(2) On the execution of such agreement, the Government or local authority or the owner of factory or mine, as the case may be, shall, if so required by the Board by requisition in writing, make the deduction of the amount specified in the requisition from the salary or wages of the employee specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board.
Section 55 Appeal
(1) Any person aggrieved by an order of the competent authority under sub section (2) or sub section (2-A) of Section 52 or Section 53 may, within one month from the date of the confirmation of the order under Section 52, or the date of the service of the notice under Section 53, as the case may be prefer an appeal to the appellate authority; Provided that the appellate authority may entertain the appeal after the expiry of the said period of one month if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub section (1), the appellate authority, may after calling for a report from the competent authority and giving the aggrieved person a reasonable opportunity of being heard, pass such order as it thinks fit and such order of the appellate authority shall be final.
(3) Where an appeal is preferred under sub section (1) or sub-section (2-A) of Section 52, the appellate authority may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit.
(4) For the purpose of this Chapter, the appellate authority shall be the Chief Judge of the City Civil Court Hyderabad if the Board premises in respect of which the appeal is to be preferred are situated in the Cities of Hyderabad and Secunderabad and, if such premises are situated elsewhere, the District Judge within whose jurisdiction such premises are situated.
Section 56 Procedure and powers of competent authority and appellate authority
(1) The competent authority and appellate authority shall follow such procedure as may be prescribed, and subject thereto, the provisions of the Code of Civil Procedure, 1908 (V of 1908), shall so far as they are not inconsistent with this Act or the rules or orders made thereunder, apply to all proceedings before the competent authority and the appellate authority.
(2) In proceedings under this Chapter, the competent authority shall have the same powers as are vested in a Civil Court when trying a suit, and the appellate authority shall have the same power as are vested in a Civil Court when hearing an appeal, under the Code of Civil Procedure, 1908 (V of 1908).
(3) The competent authority and appellate authority shall be deemed to be a Civil Court for a purpose of Sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898) and any proceeding before the competent authority and the appellate authority shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code, 1860 (XLV of 1860).
Section 57 Bar of Jurisdiction of Civil Courts
Save as provided in Section 55, no order made by the Competent authority or the appellate authority, in exercise of any power conferred by or under this Chapter shall be called in question in any Court and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter.
CHAPTER 7 Finances, Accounts and Audit
Section 58 Boards Fund
(1) The Board shall have its own fund.
(2) The Board may accept grants, subventions, donations and gifts from the Central Government or State Government or a local authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act.
(3) The Government shall, every year, make a grant to the Board of a sum equivalent to the administrative expenses of the Board.
(4) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land or any other kind of property sold by the Board, all rents, betterment charges and all interest, profits and other moneys accruing to the Board shall constitute the fund of the Board.
(5) Except as otherwise directed by the Government all moneys and receipts, specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the Hyderabad State Bank or in any Scheduled Bank or invested in such securities as may be approved by the Government.
(6) Such account shall be operated upon by such Officers as may be authorised by the Board.
Section 59 Application of the fund
All property, the Board fund and all other assets vesting in the Board shall be held and applied by it, subject to the provisions and for the purposes of this Act.
Section 60 Expenditure in case of urgency
(1) Where in the opinion of the Board circumstances of extreme urgency have arisen it shall be lawful for the Board to make for the purposes of this Act in any year, expenditure not exceeding rupees ten thousand, notwithstanding the fact that such expenditure has not been included in its annual programme or supplementary programme sanctioned by the Government or the variation of the programme made under Section 29;
(2) Where any sum is expended under circumstances of extreme urgency as provided in Sub section (1), a report thereof indicating the source from which it is proposed to meet the expenditure shall be made by the Board as soon as practicable to the Government.
Section 61 Subventions and loans to the Board
(1) The Government may from time to time make subventions to the Board for the purposes of this Act on such terms and conditions as the Government may determine.
(2) The Government may from time to time, advance loans to the Board on such terms and conditions not inconsistent with the provisions of this Act as the Government may determine.
Section 62 Power of Board to borrow
(1) The Board may from time to time, with the previous sanction of the Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act.
(2) The rules made by the Government for the purposes of this Section may empower the Board to borrow by the issue of debentures and to enter into financial arrangements with Banks and other financial institutions including the Life Insurance Corporation of India.
(3) All debentures issued by the Board, shall be in such form as the Board with the sanction of the Government may, from time to time, determine.
(4) Every debenture, shall be signed by the Chairman and one other member of the Board.
(5) Loans borrowed and debentures issued under this Section may be guaranteed by the Government as to the repayment of principal and the payment of interest at such rate as may be fixed by the Government.
Section 63 Accounts and Audit
(1)The Board shall cause to be maintained proper books of accounts and such other books as the rules under this Act may require and shall prepare in accordance with such rules an annual statement of accounts.
(2) The Board shall cause its accounts to be audited annually by such person as the Government may direct.
(3) As soon as the accounts of the Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereon to the Government and shall cause the accounts to be published in the prescribed manner and place copies thereof on sale at a reasonable price.
(4) The Board shall comply with such directions as the Government may after perusal of the report of the auditor think fit to issue.
Section 64 Concurrent and special audits of accounts
(1) Notwithstanding anything contained in Section 63, the Government may order that there shall be concurrent audit of the accounts of the Board by such person as it thinks fit. The Government may also direct a special audit to be made by a Chartered Accountant appointed by it of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period. (2) When an order is made under Sub section (1), the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under Sub section (1) such information as the said person may require for the purpose of audit.
CHAPTER 8 Miscellaneous
Section 65 Reports
The Board shall, before such date and in such form and at such interval as may be prescribed, submit to the Government a report on such matters as may be prescribed, and the Government shall cause report to be published in the Andhra Pradesh Gazette. Every such report, shall be laid before the Legislative Assembly as soon as may be after it is published.
Section 66 Other Statements and returns
The Board shall also submit to the Government such statistics returns, particulars or statements in regard to any proposed or existing housing schemes at such times and in such form and manner as may be prescribed or as the Government may from time to time direct.
Section 67 Power of entry
Vice Chairman and Housing Commissioner or any person either generally or specially authorised by the Vice Chairman and Housing Commissioner in this behalf may, with or without assistants or workmen, enter into or upon any land, in order
(a) to make any inspection, survey, measurement, valuation or inquiry;
(b) to take levels;
(c) to dig or bore into the sub soil;
(d) to set boundaries and intended lines of works
(e) to make such level, boundaries and lines of works and cut trenches; or.
(f) to do any other thing;
Wherever it is necessary to do so, for any of the purposes of this Act or any rules made or scheme sanctioned thereunder;
Provided as follows: -
(i) No such entry shall be made between sunset and sunrise;
(ii) no dwelling house and no public building, which is used as a dwelling place, shall be so entered except with the consent of the occupier thereof, and without giving the said occupier at least twenty four hours previous written notice of the intention to make such entry.
(iii) sufficient notice shall in every instance be given even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove themselves to some part of the premises where their privacy will not be disturbed;
(iv) due regard shall always be had, as far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and religious usages of the occupants of the premises entered.
Section 68 Notice of suit against Board
No person shall commence any suit against the Board or against any officer or servant of the Board or any person acting under the orders of the Board, for anything done or purporting to be done in pursuance of this Act, without giving to the Board, officer or servant or person two months previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.
Section 69 Triennial valuation of assets and liabilities of the Board
The Board shall triennially have a valuation of its assets and liabilities made by a valuer appointed by the Government.
Provided that it shall be open to the Government to direct a valuation to be made at any time it may consider necessary.
Section 70 Power to make Rules
(1) The Government may, by notification in the Andhra Pradesh Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may be made for all or any of the following purposes, namely
(a) The allowance of members and remuneration and conditions of service of the Chairman under Section 7;
(b) the manner and form in which contracts shall be entered into under Section 15;
(c) the form of annual housing programme, budget and schedule of staff of officers and servants, particulars of housing schemes and other particulars to be contained in the programme under section 24;
(d) the other manner of publication of the of draft the programme under Section 25;
(e) the form of notice under Section 42;
(f) the form of interest under section 43;
(g) the other matters to be decided by the Tribunal under Section 48;
(h) the procedure to be followed by the Tribunal under Section 50;
(i) the forms of notices under Sections 52 and 53 and any other manner in which they may be served;
(j) the manner in which damages under Section 53 may be assessed;
(k) the manner in which attachment and sale of movable property shall be made under Section 53;
(l) the procedure to be followed by the competent authority and the appellate authority in proceedings under Chapter VI;
(m) the conditions subject to which the Board may borrow any sum under Section 62;
(n) the manner of preparation, maintenance and publication of accounts under Section 63;
(o) the date before which, the form in which the interval at which and the matters on which reports shall be submitted under Section 65;
(p) the time at which and the form and manner in which statistics, returns, particulars and statements shall be submitted under Section 66;
(q) the manner in which the Board shall be superseded and reconstituted under Section 81; and
(r) any other matter which has to be or may be prescribed under this Act.
(3) Every rule made under this Section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following both the Houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 71 Regulations
The Board may from time to time, with the previous sanction of the Government make regulations consistent with this Act and with any rules made under this Act
(a) for the management and use of buildings constructed under any housing scheme;
(b) the principles and procedure to be followed in allotment of tenements and premises;
(c) for regulating the Boards procedure and the disposal of its business.
Section 72 Power to make bye laws
(1) The Board may make bye-laws, not inconsistent with this Act, which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act.
(2) A bye-law made under this Section may provide that a contravention thereof shall be an offence.
(3) No bye-law make by the Board shall come into force until it has been confirmed by the Government with or without modification.
(4) All bye-laws made under this Section shall be published in the Andhra Pradesh Gazette.
Section 73 Penalty for contravention of bye laws
Whoever contravenes a bye law made under Section 72 shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.
Section 74 Penalty for obstructing etc.
If any person -
(a) obstructs or molests any person with whom the Board has entered into a contract, in the performance or execution by such person or his duty or of anything which he is empowered or required to do under this Act; or
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act; he shall on conviction, be punishable with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.
Section 75 Penalty for contravention of any provisions of Chapter VI and for obstructing lawful exercise of powers thereunder
Any person who contravenes any provisions of Chapter VI or any rule or order made thereunder or obstructs the lawful exercise of any power conferred by or under that Chapter shall on conviction, be punished with fine which may extended to one thousand rupees.
Section 76 Authority for prosecution
Unless otherwise provided, no Court shall take cognizance of any offence punishable under this Act except on the complaint, or upon information received from, the Board or some person authorised by the Board by general or special order in this behalf.
Section 77 Certain persons to be public servants
The Tribunal, the Appellate Authority, the Competent Authority and all members, officers and servants of the Board shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of Section 21 of the Indian Penal Code.
Section 78 Protection of action taken under this Act
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or purported to be done under this Act.
Section 79 Government's powers of supervision
(1) The Government may give the Board such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act, after giving an opportunity to the Board to state its objections, if any, to such directions and after considering the said objections. It shall be the duty of the Board to comply with such directions.
(2) The Government may at any time for the purposes of satisfying itself as to the legality or propriety of any order passed by, or as to the regularity of the proceedings of the Board or officer subordinate to the Government or the Board acting in exercise of any power or authority conferred by this Act or the rules, bye-laws and regulations made thereunder, call for and examine the record of any case pending before or disposed of by the Board or such officer and may pass such order with reference thereto as it thinks fit:
Provided that no order shall be reversed unless notice has been given to the parties interested to appear and be heard in support of such order.
Section 80 Default in performance of duty
(1) If the Government is satisfied that the Board has made default in performing any duty imposed on it by or under this Act, it may fix a period for the performance of that duty.
(2) If in the opinion of the Government the Board fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawful for the Government, notwithstanding anything contained in Section 7, to supersede and reconstitute the Board in the prescribed manner.
(3) After the supersession of the Board and until it is reconstituted, the powers, duties and functions of the Board under this Act shall be carried on by the Government or by such officer or officers as the Government may appoint for this purpose.
Section 81 Dissolution of the Board
(1) The Government may by notification in the Andhra Pradesh Gazette, declare that with effect from such date as may be specified in the notification, the Board shall be dissolved.
(2) With effect from the date specified in the notification under Sub section (1).
(a) all properties, funds and dues which are vested in and realisable by the Board shall vest in and be realisable by the Government.
(b) all liabilities enforceable against the Board shall be enforceable against the Government to the extent of the properties, funds and dues vested in and realised by the Government.
(3) Nothing in this Section shall effect the liability of the Government in respect of loans or debentures guaranteed under Sub section (5) of Section 62.
Section 81A Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order in the Andhra Pradesh Gazette, make such provisions not inconsistent with the purposes of this Act as appear to them to be necessary or expedient for removing the difficulty.
(2) Every order made under Sub section (1) shall be laid on the Table of the Legislative Assembly for a period of fourteen days when the Assembly is in session.
Section 82 Repeal and saving
(1) The Hyderabad Labour Housing Act, 1952 (XXXVI of 1952), the Secunderabad Town Improvement Trust Act of 1355 Fasli. and all rules, regulations and orders pertaining to the constitution, working and activities of the Hyderabad City Improvement Board and for the time being having the force of Law, are hereby repealed :
Provided that the repeal shall not effect -
(a) the previous operation of any law so repealed or anything duly done thereunder, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed: -
Provided further that subject to the preceeding proviso, anything done or any action taken including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, from bye-law or scheme framed under any such law shall be deemed to have been done or taken under this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.
(2) All debts and obligations incurred, all contracts entered into and all matters and things engaged to be done, by, with or for the Government for the purposes of the Hyderabad City Improvement Board and the Secunderabad Town Improvement Trust before and upto the date of establishment of the Board under this Act shall be deemed to have been incurred, entered, into or engaged to be done by, with or for the Board, all suits and other legal proceedings instituted or which may be instituted by or against the Government shall be continued or instituted by or against the Board, as the case may be.
(3) All the assets entrusted to the Hyderabad City Improvement Board and the Secunderabad Town Improvement Trust and all the assets acquired for the purpose of the said City Improvement Board and Town Improvement Trust shall after the establishment of the Board under this Act vest in the Board for the purposes of this Act.
(4) All applications made or proceedings instituted under the aforesaid laws shall be deemed to have been made or instituted under this Act and shall be disposed of as if this Act was applicable at the time when such application or proceeding was made or instituted.
(5) All notifications issued before the date of the coming into force of this Act and all proceedings pending on that date for the acquisition of any immovable property or easement for the purposes of the Hyderabad City Improvement Board or the Secunderabad Town Improvement Trust shall be deemed to have been issued and to be proceedings for acquisition of such immovable property or easement for the purposes of this Board under this Act.
RULE:
ANDHRA PRADESH HOUSING BOARD MEDICAL REIMBURSEMENT RULES, 1975
ANDHRA PRADESH HOUSING BOARD MEDICAL REIMBURSEMENT RULES, 1975
Rule 1
These rules may be called the Andhra Pradesh Housing Board (Medical Reimbursement) Rules, 1975.
Rule 2 In these rules, unless the context otherwise requires
(a) " Authorised Medical Attendant" means a Medical Officer attached to a Government Hospital or dispensary in the State who has been nominated by the Government from time to time to serve as an authorised Medical attendant for the employees of the Housing BoardA list of authorised Medical attendants appointed by the Government is given in Appendix 1 to these rules.
(b) "Employee" means a whole time Officer and servant of the Andhra Pradesh Housing Board, but does not include part time or honorary worker.
(c) "Family" means
(i) in the case of male employees, his parents, wife, legitimate children, residing with and wholly dependent on him.
(ii) in case of woman employees, her parents, husband and children residing with and wholly dependent on her.
Explanation :-
A married daughter who is under the protection of her husband does not come within the definition of Family for purpose of these rules.
(ii) The deserted, divorced or widowed daughters who are residing with the entirely dependant on the employees of Local Bodies drawing salaries not exceeding Rs300 per month are eligible for medical concession allowed to the employees under these rules.
(iii) The claim for reimbursement of expenses in respect in of parents should be accompanied by a declaration in the proforma given below :- PROFORMA I,..............(Full name and designation) hereby declare that my father/mother ................has no property or income of his her own and that he she is wholly dependent on me Signature and Date
(d) " Government" means Government of Andhra Pradesh.
(e) "Hospital" means a Government hospital and includes any particular Hospital in the state or any Medical institution recognised by the Government.
(f) "Patient" means an employee of the Board or any member of his her family and to whom these rules apply to and who has fallen ill.
Rule 3 Medical attendance
1 Medical attendance in respect of an employee whose pay is not less than Rs 500 per month means
(i) Attendance in a hospital or at the consulting room of the authorised medical attendant or at the residence of the employee.
(ii) All pathological, Bacteriological, Radiological and other methods of examinations for the purposes of diagnosis as are available in any Government Hospital within the State and are considered necessary by the authorised Medical Attendant.
(iii) Any consultation with a Specialist in Government employment within the State or other Medical Officer, similarly in Government employment within the State or that the authorised Medical attendant may certify to be necessary to such extent and in such manner as Specialist, or Medical Officer may in consultation with authorised Medical attendant, determine.
2 Medical attendance in respect of any other employee means
(i) Attendance at a Government Hospital or at the consulting room of the authorised Medical attendant or in case of illness which compels the patient to be confined to his residence at the residence of the employee.
(ii) All methods of examination for purpose of diagnosis that are available in the nearest Government hospital.
(iii) Any consultation with a specialist or other Medical Officer stationed in the State that the authorised Medical Attendant may certify to be necessary to such extent and in such manner as the Specialist or Medical Officer may in consultation with the authorised Medical attendant determine.
3 There will be cases of not infrequent occurrence in which it will be proper for the Medical Officer to visit the employees in respect of salaries under rupees one hundred at their residences The Board trust to the good sense and good feeling of the Medical profession in preference to laying down any precise rules for such cases.
4 It should be distinctly understood that a Medical Officer will not be expected to attend an employee at his residence unless the patient is unable to wait upon the Medical Officer either at the latter s residence or his consulting room or till such time as may be appointed by the Medical Officer for the purpose.
5 Medical Officers who are authorised Medical attendants to the employees should not charge any consultation or other fees for the employees for the Medical attendance rendered to them.
Rule 4 Medical Treatment
Medical treatment means use of all medical and surgical facilities available at the Government Hospital in which the patient is treated and includes:
(1) Employment of such pathological, bacteriological, radiological or other methods of investigation etc., as are considered necessary by the Authorised Medical Attendant.
(2) Supply of such medicines, Special or ordinary, vaccines, sera or other therapeutic substances as are ordinarily available in Government Hospitals in the State.
(3) Supply of such medicines, vaccines, sera or other therapeutic substances, as are not ordinarily available in Government Hospitals, as the Authorised Medical Attendant may certify in writing to be essential for the recovery or for the prevention of deteriorations in the condition of the patient
(i) The refund of the cost of preparations which are not medicines but are primarily food, tonics, toilet preparations or disinfectants is not admissible under the rules Prescription of expensive drugs, tonics, laxatives or other elegant and proprietary preparations for the use of employees and members of their families when drugs of equal therapeutic value are available in Hospitals and dispensaries is prohibited List of items for which refund is not admissible under these rules shall be such as may be specified by the Director of Medical and Health Services from time to time under Andhra Pradesh Medical attendance rules.
(ii) Sales tax paid by Employees while purchasing special medicines from the market is refundable under these rules Packing and postage charges paid by employees for purchasing special medicines from out stations are not refundable.
(iii) All Claims for refund of expenses incurred on account of the purchase of the special medicines should be preferred in the manner indicated in Appendix II.
(4) Treatment of confinement cases of an employee and includes prenatal and post-natal treatment.
(5) Such accommodation as is ordinarily provided in the Hospital and is suited to the status of an employee with reference to his salary, as indicated below:-
TABLE
(i)
Employees drawing Rs.500/- and above per month.,
'A' Class ward. In case accommodation in 'A' Class ward (Single room with/without attached bath room.
(ii) Other employees drawing Rs.250/- to 499/- Per month, B-Class ward (Cement or wooden partitioned cubicles).
(iii) Employees drawing Rs.100-249 per month.
C-Class ward (Curtained Cubicles).
(iv) Employees drawing below Rs.100/- per month.
General Ward.
(6) Such nursing as is ordinarily available provided in the hospital and is suited to his status and includes such Special nursing as the Authorised Medical Attendant may certify in writing to be essential for the recovery or for the prevention of serious deterioration in the condition of the employee If at all an employee requires extra nursing he may engage an attendant at his own cost.
(7) Such diet as is ordinarily provided to other patients in the hospitals:
(8) Blood transfusion service.
(9) Provision of ambulance service wherever necessary for the transport, of the patient to the Hospital.
Rule 5 Persons entitled to free medical treatment
(1) All employees of Housing Board are entitled to free Medical attendance whether they are on duty or on leave.
(2) All the employees drawing salaries not exceeding Rs.300 per month and members of their families when admitted to State Government Medical Institutions are exempted from payment of diet charges and the entire cost of Special and expensive drugs administered to them.
Rule 6 Arrangements for free Medical attendance
(1) All employees are eligible for free medical attendance in the Government Hospitals in the State and to the extent specified in Rule 4 above.
(2) Persons entitled to treatment free of charge in any Hospital, shall produce before the Hospital authorities an identification certificate signed by the Secretary of Housing Board or by a Gazetted Officer dealing with establishment matters or by the Head of the Office in which they are working in the following form:
Andhra Pradesh Housing Board Identification Certificate
Name of the Officer/Official.
Designation.
Accommodation to which Officer/
Official is entitled in Government Hospital.
Station:
Date:
Signature of the Secretary of the Board
The Head of Office. In emergency cases the above certificate will not be insisted upon at the time of admission, but the same should be produced within a period of one week.
(3) In any station where there may be an Assistant Surgeon and where there may not be proper Hospital accommodation, the duty of such Officer should be to attend at their own residence the Upper subordinate grades of employees including Clerks whose appointment are not Gazetted the later paying conveyance hire should they reside more than two miles from the Official residence of the Medical attendant If the distance is such as to entitle the Medical Officer to travelling allowance, the amount is payable by the Board Should the case be reported as serious the Civil Surgeon will visit the patient.
(4) The Medical Officers employed in the following Classes of Institutions should render free medical attendance to employees at the Stations where there are no Government Medical Institutions
(i) Local Fund and Municipal Medical Institutions for which a percentage contribution is given by Government to meet the pay of Medical Officer employed there.
(ii) Local Fund and Municipal Medical Institutions in respect of which the Government meet one half of the annual maintenance charges.
(iii) Local Fund and Municipal Taluk Head Quarters Medical Institutions in respect of which the Government meets the entire or a portion of the salaries of Government Medical Officers employed in them.
(iv) In places where there are no Government Hospitals but where there are Local Fund or Private Hospitals or dispensaries, the employees drawing less than Rs.300 per mensem and their families may take treatment straightaway in such institution and that the expenditure incurred by them in that connection including the cost of special and expensive drugs purchased by them on the prescription of the Doctor in charge of the institution, be reimbursed subject to the production of relevant vouchers and subject to the scrutiny of the relative bills by the authorised Medical attendant At places where there are no Government or Non Government Medical Institutions, employees drawing less than Rs.300 per mensem and their families may avail themselves of the services of a Local private doctor in emergencies, when there is no sufficient time for them to go to the nearest Government or non Government Medical Institution The expenditure incurred by them in that connection will be reimbursed to them subject to the production of relevant vouchers and subject to the scrutiny of the relative bills by the District Medical and Health Officer concerned and to his certifying that the amount claimed is reasonable and the expenditure incurred was necessary In non emergent cases, the entitled personnel serving in places where there are neither Government Medical Institutions nor non Government Medical Institutions go to the Government Medical Institutions of the non Government Medical Institution at the nearest station for treatment.
(v)
(a) Employees drawing salary not exceeding Rs.300 per mensem in stations where there are no Government or non Government Medical Institutions who seek treatment in an emergency, under local private doctors should in addition to the essentiality certificate from the private doctors produced a certificate in the form given hereunder from the nearest authorised Medical attendant immediately after they are in a fit condition to travel to the nearest Medical attendant who will judge whether the essentiality certificate issued by the Local private doctor in such cases is a genuine one or not I certify that there are no Government or non government Medical Institutions available in the..................... I also certify that I examined the patient (Name) Designation.........................(Department).................and consider that the case in question is an emergency one requiring immediate treatment under a local private Doctor . Signature of Authorised Medical Attendant.
(b) The Local Private Registered Medical Practioner should prescribe the drug contained in the list in the Appendix III as far as possible.
Rule 7
(1) An employee shall be entitled free of charges
(i) to treatment.................
(a) in such Government Hospital at or near the place where he falls ill, as can in the opinion of the authorised Medical attendant, provide the necessary and suitable treatment;
(b) If there be no such Hospital as is referred to in Sub clause (a) in such Hospital, other than a Government Hospital, at or near that place as can in the opinion of the authorised Medical attendant, provide the necessary and suitable treatment;
(ii) to anti rabic treatment at the nearest Government Hospital providing such treatment.
(2) Where an employee is entitled under Sub rule (1) free of charge, of charge to treatment in any Hospital any amount paid by him on account of such treatment shall on production of a certificate in writing by the authorised Medical attendant in this behalf be reimbursed to him by the Board.
Rule 8
(1) If the authorised medical attendant is of the opinion that owing to the absence or remotness of a suitable Hospital or to the severity of the illness, an employee cannot be given treatment as provided in Rule (6), the employee may receive treatment at his residence.
(2) An employee receiving treatment at his residence under Sub rule (1), shall be entitled to receive towards the cost of such treatment incurred by him, a sum equivalent to the cost of such treatment as he would have been entitled, free of charges, to receive under these rules, if he had not been treated at his residence.
(3) Claims for sums admissible under Sub rule (2) shall be accompanied by a certificate in writing by the authorised Medical attendant stating (a) his reasons for the opinion referred to in Sub rule (1), (b) the cost of similar treatment referred to in Sub rule (2).
Rule 9 Consultation with specialists or Colleagues
(1) If the authorised Medical attendant is of opinion that the case of the patient is of such serious or special nature as to require medical attendant by some person other than himself or that the patient requires anti rabic treatment he may with the approval of the Director of Medical services (which shall be obtained before hand unless the delay involved entails danger to the health of the patient)
(a) Send the patient to the nearest Specialist or other Medical Officer by whom in his opinion, Medical attendance is required for the patient on in the case of anti rabic treatment, to the nearest place where such treatment is available; or
(b) If the patient is too ill to travel, summons such specialist or order medical Officer to attend upon the patient.
(2) A patient sent under Clause (a) of Sub rule (1) shall on production of a certificate in writing by the authorised medical attendant in this behalf, he entitled to travelling allowance for the journeys to and from the Headquarters of the specialist or other Medical Officer or the place where he is sent for anti rabic treatment.
(3) A specialist or other Medical Officer summoned under Sub rule (1) shall on production of a certificate in writing by the authorised Medical attendant in this behalf, be entitled to travelling allowance for the journey to and from the place where the patient is and also daily allowance according to rules.
Rule 10 Travelling Allowance
(1) T.Afor journeys undertaken under Rule (9) shall be at the rates admissible to an employee when on tour.
(2) A member of the family of an employee shall be entitled to travel by a class by which the employee himself is entitled to travel.
Rule 11 Medical Attendance Charges
(1) Charges for services rendered in connection with but not included in medical attendance on or treatment of a patient entitled to free Medical attendance or treatment under these rules, shall be determined by the authorised Medical attendant and paid by the patient.
(2) If any question arises as to whether any service is included in Medical attendance or treatment, it shall be referred to the Government and the decision of the Government shall be final.
Rule 12 Treatment under Indian System of Medicines
The following procedure is prescribed for getting reimbursement of cost of medicine purchased by the persons entitled to free medical attendance or treatment when treatment is taken under the indigenous system of medicine either in the Government Institutions or Local Fund or Private Institutions or under Private Doctors
(1) The bills relating to the modern medicine, if any prescribed by the Medical Officer in private or Local Fund Institutions or by the Private practitioner will be scrutinised by the authorised medical attendant of the entitled persons in cases where the treatment was received, in or local fund or private institutions or indigenous medicines, and by the District Medical Officer concerned, in cases where the treatment was received from a private practioner of indigenous medicines.
(2) The bills relating to the indigenous medicine will be scrutinised by the Medical Officers or Officers concerned of the three respective system of medicines (Ayurveda, Sidha and Unani) employed in the Government Ayurvedic Hospital, Charminar, Hyderabad to be nominated by the Special Officer of the Indian Medicine Department with the approval of the Government.
(3) If the bills, relate to both modern and indigenous medicine they will first be scrutinised by the authorised medical attendant, or the District Medical Officer as the case may be in regard to the modern medicine, and then by Medical Officer or Officers of the Government Ayurvedic Hospital, Hyderabad in respect of the indigenous medicine.
(4) The claims in respect of treatment under Indian Medicine System be sanctioned by the Special Officer [Indian Medicine Department] after due scrutiny, wherever such claims are admissible under rules. (2) A list of items for which refund is not admissible under the rules shall be such as may be specified by the Director of Medical and Health Service, from time to time under Andhra Pradesh Medical Attendance Rules.
Rule 13
Treatment for T.BRules regulating admission of T.BPatients in Government T.Binstitutions and other Government Medical Institutions where there are T.BWards as are applicable to Officers and servants of Government under Andhra Pradesh Medical Attendance Rules shall apply to Housing Board Employees.
Rule 14
Medical advances to Non Gazetted Employees Non Gazetted Employees of Housing Board are eligible for advances to meet the expenses on Medical attendance and treatment The grant of advance shall be by the Rules given in Appendix IV.
APPENDIX 1 APPENDIX 1
APPENDIX
APPENDIX 1
(See Rule 2 (a))
The following Medical Officers are appointed to act as authorised Medical attendants for the employees of Housing Board.
When treatment is obtained under allopathic or modern system of medicine.
1. For employees drawing Rs.500 and above per mensem and their families.
Any Civil Surgeon or other Medical Officer of equal status at the station where the patient resides.
2. For other employees and their families.
Any Assistant Surgeon at the station where the patient resides.
Note:- 1. The term Civil Surgeon and Assistant Surgeon include Specialists and Honorary Medical Officers of corresponding rank.
2. At places where there is no Civil Surgeon or any Officer of equal rank, the Assistant Surgeon residing at the place shall be regarded as authorised Medical attendant for both the categories mentioned above.
3. At place where there is neither a Civil Surgeon nor an Assistant Surgeon the nearest Assistant Surgeon or Civil Surgeon shall be regarded as authorised medical attendant for both the categories mentioned above.
When treatment is obtained under Indian system of Medicines.
1. From the employees of Housing
Board drawing Rs.500/-and above per mensem, Gazetted Hakims and Gazetted Vaids including professors in the Indian Medicine Service.
2. For other employees and their families.
Senior and Junior Vaids and Hakims of the Indian Medicine Department including Senior Junior Lecturers in the Indian Medicine Subordinate Service.
Note :- At places where there is no Gazetted Hakim or Gazetted Vaid, the Senior or Junior Vaid Hakim residing at the place shall be regarded as authorised Medical attendants for both categories mentioned above.
APPENDIX 2 APPENDIX 2
APPENDIX
APPENDIX 2
(See Rules 4(3) [iii] and Note to Rule 12[14])
1. The reimbursement bills arising
(i) In Districts will be scrutinised and passed for payment concerned District Medical Officers.
(ii) The reimbursement bills arising in the Hyderabad City will be scrutinised and passed for payment by the Superintendents of the concerned Hospitals.
Note :- All cases requiring special sanction or relaxation, clarification or interpretation of these rules should be referred to the Government in the Health Housing Municipal Administration Department or orders.
2. Any claim which has been preferred six months after the last date of the period of treatment shall ordinarily be rejected.
3. Claim for reimbursement should be preferred in the prescribed form and should be accompanied by an essentiality certificate from the Medical Officer in charge of the case in the Hospital. [The prescribed application form essentiality certificate are given below]
Application for claiming refund of medical expenses incurred in connection with Medical attendance and treatment of Andhra Pradesh Housing Board employees and their families.
N.G. Separate form should be used for each patient.
Declaration to be signed by the Employee
I hereby declare that the statements in this application are true to the best of my knowledge and belief and that the person for whom Medical expenses were incurred is a member of my family as defined under the Andhra Pradesh Housing Board (Medical Reimbursement) Rules, 1975 and wholly dependant upon me.
Signature of the Employee to which Attached
Essentiality Certificate
I certify that Mrs. Mr. Miss.Wife son daughter of Mr. employed in the. has been under my treatment for diseases from to at. Hospital and that the under mentioned . my consulting room medicines prescribed by me in this connection were essential for the recovery of the patient. The medicines are not prevention of serious deterioration in the condition stocked in the hospital and do not include proprietary pretions for which cheaper substances of equal therapeutic value are available, or pretions which are primarily foods, toilets or disinfectants.
Names of medicines.
Price.
Signature and Designation of Authorised Medical Attendant.
Signature of the Medical officer In Charge in the case of Hospital.
Instructions
Essentiality Certificate :-
1. The essentiality certificate should be filled in by the authorised medical attendant himself in the prescribed form as shown on reverse.
2. Seperate certificate should be produced in respect of the treatment given to each member of the family of the claimant.
3. The essentiality certificate should be signed only by the authorised Medical attendant who actually gave the treatment.
4. Any certificate countersigned by Medical Officer who is not authorised Medical attendant shall be rejected.
5. It shall be the responsibility of the authorised Medical Attendant to exclude pretions which are primarily in the nature of foods, toilets or disinfectants. He should indicate in his certificate which of the items included in the vouchers come under these categories.
6. Name of the patient, relationship with the employees in case of the family members, disease, period of treatment and place of treatment should carefully and clearly be written by authorised Medical attendant.
7. The names of medicines with their cost should clearly be shown in the essentiality certificate by authorised Medical Attendant, the name of Medicines which are not legible should be disallowed.
B. Bills in original given to the claimant by the Druggists and Dispensing Chemists
1. (i) Bills produced on white papers whether it is with or without seal of the druggists shall be rejected.
(ii) The bill should be a cash voucher only.
(iii) Each original bill should contain the name of the claimant or patient and the date of issue.
(iv) The name of the drug and its cost should be legibly written.
2. The claimant should prepare a typed duplicate copy of each bill and send it along with his application. The duplicate copy of copies of the bill will be retained in his Office with the connected file.
3. The authorised medical attendant should countersign both the original and true copies of the bills. He should affix his seal not only to these bills but also to the essentiality certificates.
4. The sanctioning authority should personally satisfy himself.
(a) that the essentiality certificate and the bills produce by the claimant are genuine.
(b) that the dates of the bills and the vouchers are within treatment periods mentioned in the essentiality certificates.
(c) that the pre tion which are in the nature of primarily foods toilets disinfectants and excluded and
5. Original bills produced by the claimant should be initiated by the sanctioning authority or by any Gazetted Officer under him who deals with the application and then returned to the claimant.
6. The claimant should surrender the original bills and the essentiality certificate to the Accounts Officer of the Board who disburses the bills amount.
APPENDIX 3 APPENDIX 3
APPENDIX
APPENDIX 3
(Rule 6 (4)(v)(b))
1. Nuperacaine
2. Anethaine
3. Pantocaine
4. Colfoam
5. Pencillin Powder with Sulphamazathine
6. Toubarine Sodium
7. Tubocurarine
8. Picrotoxin
9. Lobeline
10. Pentobaribital
11. Methedrine
12. Interavel Sodium
13. Tincture Morthiolate
14. Henogynergin
15. Quinine Urethane
16. Forsolate
17. B.A.L.
18. Percorten
19. Encortone
20. Trasentin
21. Newo Transentin
22. Spongostan
23. Acid Gallic
24. Acid Picric
25. Ammonium Bemozate
26. Ammonium Oxaeate
27. Ammonium Bromide
28. Benzoline
29. Benzamine Hydrochloride
30. Beta Hauthol
31. Bismuth Carbonate
32. Bismuth Salivylate
33. Puchu Eolia
34. Confectio Piporia
35. Ext. Centianance
36. Ext. Cascanse Sugrade Siccum
37. Ext. Hamamohidis Liquidum
38. Ext. Jabroandi Liquidum
39. Ext. Hucis Vommicase Liquidum
40. Ext. Biburni Liquidum
41. Ferriet Ouninaecitras
42. Karo Tonic
43. Linimontum Belladeonnae
44. Liq Arsonidt Hydragyri Lodidi
45. Liq. Bismuthiet Ammonji Citrotis
46. Liq. Epispesticus
47. Liq. Pot Hydrox
48. Mg. Carb Lev.
49. Mag. Oxid Lev.
50. Olcum Amygdala [Almond Oil]
51. Oleum Cauitheriae
52. Oleum Cinnamomi
53. Oleum Junipori
54. Oleum Menthae Piporitae
55. Oleum Olive
56. Paraffinum Durum
57. Pepsinum
58. Pil Hydrurg
59. Pot Act
60. Pot Bicarb
61. Pot Born
62. Pot Oitras
63. Pot Citras
64. Potassi Tartaras Acidus
65. Pulvis Cretae Armoticus-cum-opic
66. Potassa Sulphurata
67. Puvaril Co.
68. Salal
69. Sodium Thriosulphate
70. Sylapanal
71. Syrupus Aurntil
72. Syrupus Calcil Hypophosyhitis
73. Syrupus Ferri Loddidi
74. Syrupus Ferri Phosphitis Compositus
75. Surpus Scillae
76. Tincture Acenitil
77. Tincture Alees
78. Tincture Asofoc tidad
79. Tincture Calumable
80. Tincture Cannabis Indi Case
81. Tincture Capsicin
82. Tincture Catochu
83. Tincture Digitalis
84. Tincture Jaborandi
85. Tincture Myrrhao
86. Tincture Lebeliao Aotheroa
87. Tincture Ouassiao
88. Tincture Quinine Ammoniate
89. Unguentum Hyarargyri
90. Ungeuentum Hydrargyri
91. Unguentum Rosinao
92. Urethano
93. All Vitamin Preparations
94. Tinci Valorian Ammon
95. Tinct. Sinaace
96. All Histaminepre tions
97. Acetylarsen
98. Urea Stibamine
99. Stibatin Amp.
100. Cluco Solution
101. Insulin P.Z.
102. Emetine Hydrochloride
103. Aminophylia
104. Acidum Phosphoricum Dilutum
105. Acidum Tactieum
106. Acidum Lrichoreceticum
107. Axpmorohine Hydrochloride
108. Bleaching Powder
109. Bismuth Subnitras
110. Bension
111. Bassamm of Tolu
112. Bonzaldohyde
113. Brilliant Green
114. Crushed Linseed
115. Chalk
116. Capsicum Power
117. Crude Coal Tar
118. Dextrose
119. Hyedine Hydrobramodie
120. Hard Paraffin
121. Preparations of Senna Kramoria Cloves
122. Liq. Ammonil Citratis and contain Co.
123. Lend Plaster
124. Merphinae Tartras
125. Liquer Lodi Portis
126. Oleum Pini Sylevesties
127. Liauid Carbenics Detergens
128. Pulvia Seillae
129. Magensium Phosphate
130. Prepared Coal Tar
131. Oleum Gajuputi
132. Syrup of Wild Cherry
133. Pulvis Hyeseyami
134. Surrupus Zingiboris
135. Potassium Hydroxide
136. Sodium Lactate
137. Syrupus Codeinae Phosphates
138. Strychinine Hydrochloride
139. Syrupurs Simplex
140. Searlet Red
141. Sodil Hydroxidum
142. Tr. Levandulae Co.
143. Storax
144. White Bees Wax
145. Tr. Arnicae Floris
146. Colatin
147. Ung. Hydrag Co.
148. Linimentum. Aconiti
149. Sulpha Drugs
150. All Sera Vaccines
151. Homotrophine Hydrobromide
152. Anti Hisnamine Drug
LIST - II
1. Insulin All Varieties
2. Coagnlen (Ciba Amps.)
3. Adrenal Cortex Horomones
4. Cold Pretions
5. Pencillin
6. Ribrofiovine Amps Tablets
7. Mapnarside
8. Liver extract amps
9. Diodequine
10. Adexplin
11. Propylthinouracil (to be icluded in the place of Muthyltheuracil)
12. Sodium Pentese, nucleotide
13. Carbursone Tablets
14. Carbursone tablets
15. Take Diastase
16. All drugs used for investigation in X Ray Department.
17. Acid Ascorbic Ampoules tubes
18. Prestigmin ampoules
19. Pethidone ampoules
20. Discoumaral
21. Priscol
22. Histrogan Mustard
23. Hetrazan
24. Methenine
25. Plasmosan
26. Panparnity
27. P.A.S.
28. Protein Hydrolysate
29. Aylase ampoules
30. Phaldhyde
31. Panldrine
APPENDIX 4 APPENDIX 4
APPENDIX
APPENDIX 4
(See Rule-14)
The advance shall be regulated by the following rules:-
RULES
(1) These rules shall be called:
The Andhra Pradesh (Housing Board) Rules of advances for Medical attendance and treatment.
(2) These rules shall apply to all the Non Gazetted employees of the Andhra Pradesh Housing Board.
(3) Advances may be granted to Non Gazetted employees of the Board to meet the expenses of medical attandance and treatment of himself or for any member of his family which he is entitled to be reimbursed from the Board. Funds under the A.P. Housing Board medical reimbursement rules.
(4) The advances shall be treated as objection book advanced like advances of travelling allowance and pay on transfer and recovery by book adjustment of the claim for reimbursement of medical expenses.
(5) The Head of the Office competent to draw pay bills of his Office may sanction, draw and disburse the advances to all the Non Gazetted Employees working under him, where the Head of an Officer drawing pay bills happens to be a Non Gazetted Employees, the advance had to be sanctioned to him by the Officer, immediately superior to him but he may himself draw the advance.
(6) The amount of advance shall be limited to the amount required to meet actual reimbursible medical expenses certified by the authorised Medical attendant of the employee or the nearest Civil Assistant surgeon subject to a maximum of Rs.30 at a time. If the sanctioning authority is satisfied that the case is emergent, he may sanction an advance upto a maximum limit of Rs.30 without insisting upon completion of necessary formalities.
(7) The advance should be adjusted in full within a period of three months from the date of drawal of the advance by presenting the claim in the form prescribed under these rules irrespective of the fact that the treatment last for more than three months. The claim should be furnished to the Director of Medical Services, or the Special Officer, Indian Medicine, as the case may be, through the authorised medical attendant and the Medical Officer who gave the treatment. After the claim is received back from the Director of Medical Services, Special Officer, Indian Medicine it should be presented to the Accounts Officer of the Housing Board through the Officer competent to draw pay bills.
(b) A second advance of this kind should not be granted until the first one has been fully adjusted. The bill for the 2nd advance should be accompanied by a certificate from the sanctioning authority that the previous advance has been adjusted in full.
If the advance is not adjusted or returned within period of three months, it should summarily be recovered from his salary.
(8) When any portion of the claim for reimbursement of medical expenses is for any reason disallowed, such amount should be recovered from his salary of the individual in four instalments starting with the pay drawn immediately after the claim has been disallowed.
(9) In every Office the drawal of these advances should be registered in the register of temporary advance and their recovery by adjustment or refund should be watched. When a borrower is transferred to a new Office the details of the advance should be entered in L.P.C. of the individual and the entry in the register should be closed. In the new Office when the borrower joins, the particulars of the Advance should be entered in the Register and recovery watched.
(10) Ordinarily not more than one advance shall be granted in respect of same illness or injury, but when the amount of the first advance has already been spent a second advance can be sanctioned when the sanctioning authority is satisfied that the previous advance has already been spent the Medical officer concerned has certified the necessity of further expenditure . The total amount of both the advance shall not exceed Rs.30/-. There is no objection to the borrower presenting a claim for the adjustment of the first advance even before the treatment is over and later on presenting a second claim regarding the further expenses to be adjusted against the second advance.
(11) the term "Pay for this purpose shall man the pay actually drawn, including personal pay, as on date of application but shall exclude special pay.
Certificate to be furnished by the Medical Officer under Rule-6.
Certificate that Sri/Smt..a member of the family of Sri/Smt .. working as .. in the Officer and that a sum of Rs (Rupees .. only) is necessary as advance to cover the medical expenses reimbursement by Government in this case.
Signature:
Designation:
Dated:
Station:
Certificate by Medical Officer under Rule-10
Certified that Sri/Smt................................................ a member of the family of Sri/Smt ........... working as..............in the Officer of the .............. at.......... (Place) is still suffering from ........... and that a further sum of Rs. ............... Rupees ............Only) is necessary as advance to cover the reimbursement medical expensed in this case as from this date.
Signature:
Designation:
Dated:
Station:
ANDHRA PRADESH HOUSING BOARD CLASSIFICATION, CONTROL AND APPEAL RULES, 1984
ANDHRA PRADESH HOUSING BOARD CLASSIFICATION, CONTROL AND APPEAL RULES, 1984
Rule 1
These rules may be called the Andhra pradesh Housing Board (Classification, Control and Appeal) Rules, 1984.
Rule 2
These rules shall come into force on the date of their final Publication in Andhra Pradesh Gazette.
Rule 3
They shall shall apply to every officer of the Housing Board, other than those employed only occasionally or subject to discharge at less than one month notice whether temporary or permanent, appointed thereto, before or after the date specified in Rule 2 except to the extent otherwise expressly provided.
(i) by or under any law for the time being in force, or
(ii) in respect of any member of such service, by a contract or agreement subsisting between such member and the Board.
Rule 4
(i) In these rules, unless the context otherwise requires;
(a) "Act" means the Andhra Pradesh Housing Board Act, 1956. (Act XLVI of 1956).
(b) "Government" means the Government of Andhra Pradesh.
(c) "Officer" means a person who is a member of Andhra Pradesh Housing Board Service and holds any post in connection with the affairs of the Board.
(d) "Schedule" means schedule appended to these rules.
(2) Words used in these rules but not defined shall have the same meaning as assigned to them in Andhra Pradesh Housing Board Act (Act XLVI 1956).
PART 2 Classification
Rule 5
The Housing Board service hereinafter referred to in these rules as "Service" shall consist of the services specified in the Schedule.
Rule 6
(1) If any officer or servant in the service of the Board is guilty of any breach of departmental rules or discipline or of carelessness, neglect of duty or other misconduct or is unfit or for any other good and sufficient reason. The following penalties may be imposed on him, namely:
(i) Censure.
(ii) Fine.
(iii) Withholding of increments or promotion.
(iv) Reduction to a lower rank in the seniority list or to a lower post or to a lower time scale or to lower stage in a time scale.
(v) Recovery from pay of the whole or any part of the pecuniary loss caused to the Housing Board or State Government or the Central government or to a Local Authority or to a Corporation owned or controlled by the State or Central Government, by negligence or breach of orders, while working in any Department of the Housing Board.
(vi) Compulsory retirement otherwise than under Article 465 (2) or under Note I to Article 564 A of the Civil Service Regulations or in the case of Members of the Civil Service of the erstwhile Hyderabad Government compulsory retirement before completion of 30 years or 25 years of qualifying service according as the member of the service is governed by the Revised Pension Rule, 1951 or by the rules in force before that date as the case may be (hereinafter referred to as compulsory retirement)
(vii) Removal from the service.
(viii) Dismissal from the service.
(ix) Suspension, where a person has already been suspended under Rule 8(1) to the extent considered necessary.
(2) The discharge:
(a) of a person engaged under contract in accordance with the terms of his contract, or
(b) of a person appointed otherwise than under contract to hold a temporary appointment on the expiration of a period of the appointment does not amount to removal or Dismissal within the meaning of this rule. Explanation :- The removal of a person from the service shall not disqualify him from future employment but the dismissal of a person from the service shall ordinarily disqualify him from future employment.
(3) The reversion of a person from housing Board in which he is working on deputation to his parent department or to a post not lower than the post on which he holds a lien or a suspended lien shall not amount to reduction within the meaning of this rules:
Provided that such reversion is not by way of punishment for any misconduct or unsatisfactory work but is for administrative reason unconnected with his work or conduct.
(4) The stoppage or postponement of increment on account extension of probation under relevant Andhra Pradesh Housing Board Service Rules does not amount to withholding of increments within the meaning of this rule.
(5) Non Promotion whether in a substantive or Officiating capacity, of a member of the service in a class, category or grade of the service, after consideration of his case on merits, to a higher class, category or grade in the same service to which he is eligible does not amount to withholding of promotion on under this rule.
Rule 7
(1) The Vice Chairman and Housing Commissioner may impose on a member of A.P. Housing Board General Service and A.P. Housing Board Engineering Service whose rank is upto Assistant Secretary, Assistant Estate Officer and District Housing Engineer as the case may be any penalty other than withholding of promotion, reduction in rank in the seniority list or to a lower post, compulsory retirement removal from service or dismissal.
(2) All other penalities specified in Rule 6 shall be imposed on the members of A.P. Housing Board General Service and A.P. Housing Board Engineering Service by Government.
Rule 8
(1) A member of a service may be placed under suspension from service pending investigation or enquiry into grave charges where such suspension is necessary in the public interest.
Provided that where a member of a service has been suspended and the investigation has not been completed and the action proposed to be taken in regard to him has not been completed within a period of six months from the date of suspension, the factor shall be reported to the Government for such orders as they may deem fit so however that the period of suspension shall not exceed sic months without the previous orders of the Government.
(2) A member of a service who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty eight hours shall be deemed to have been suspended with effect from the date of detention by an order of the authority competent to impose the suspension and shall remain under suspension until further orders.
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of service who has been placed under suspension under Sub rule (1) is set aside in appeal under these rules and the case is remitted for further inquiry or action or with any other directions the order of suspension from the date of the original order of dismissal removal or compulsory retirement shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of a service is set aside or declared or rendered, void in consequence of or by a decision of a court of law, and the authority competent to impose the penalty, on a consideration of the circumstance of the case, decides immediately thereafter to hold a further inquiry against him on the allegation on which penalty of dismissal, removal or compulsory retirement was originally imposed, the member of the service shall be deemed to have been placed under suspension by the authority competent to impose the suspension from the date of the original order of dismissal removal or compulsory retirement and shall continue to remain under suspension until further orders.
(5) An order of suspension made or deemed to have been made under this rule may, at any time, be revoked by the authority which made or is deemed to have been made the order or by any authority to which that authority is subordinate.
Rule 9
(1) The authority which may suspend under Rule 8 any member of the Andhra Pradesh Housing Board General Service and Andhra Pradesh Housing Board Engineering service mentioned in column (1) of the table shall be the authority mentioned in column (2) thereof.
TABLE
Class of member of the A.P. Housing Board General Service and A.P. Housing Board Engineering Service. Authority which may impose the penalty of suspension.
(1)
(2)
1. Upto and include Assistant Estate Officer, Assistant Secretary Legal Asistant and District Housing Engineer.
Vice Chairman and Housing Commissioner.
2. Other member of A.P. Housing Board General Service and A.P. Housing Board Engineering Service. Government.
Rule 10
(1) The authority which may suspend a member of Andhra Pradesh Housing Board Ministerial Service, Andhra Pradesh Housing Board General Subordinate Service, Andhra Pradesh Housing Board Engineering Subordinate Service and Andhra Pradesh Housing Board Last Grade Service hereinafter, referred to in these rules as Subordinate Service under Rule 8 imposed the penalities of: (i) Censure, (ii) fine, and (iii) withholding of increments, shall be the authority mentioned in column (2) of the table below:-
TABLE
Class of members of the Andhra Pradesh Housing Board Subordinate Service. Authority which may impose suspension under Rule 8 or impose the penalty or censure fine withholding of increment.
(1)
(2)
1. All members of Andhra Pradesh Housing Board Ministerial Service. Chief Engineer/Secretary/Regional Housing Engineer/Chief Accounts Officer as the case may be in respect of persons working directly under them.
All Members of Andhra Pradesh Housing Board General Subordinate Service.
Chief Engineer/Secretary/Regional Housing Engineer/Chief Accounts Officer as the case may be in respect of persons; working directly under them.
3. All Members of Andhra Pradesh Housing Board Engineering Subordinate Service.
Chief Engineer/Secretary/Regional Housing Engineer/Chief Accounts Officer as the case may be in respect of persons working directly under them.
2.
(a) The Vice Chairman and Housing Commissioner or any higher authority may also exercise the power to suspend or impose the penalty specified in the rule.
(b) in case of Superintendent borne on A.P. Housing Board Ministerial Service and Junior Housing Engineers and Head Draughtsman borne on A.P. housing Board Engineering Subordinating Service the Vice Chairman and Housing Commissioner only shall be the authority to suspend under Rule 8.
(c) The penalty of fine may be imposed only on a member of A.P. Housing Board Last Grade Service. The authority which may impose on a member of the subordinate service the penalty of recovery from pay of the whole or any part of the pecuniary loss caused to the Housing Board State Government or Central Government or to a Local Authority or to a Corporation owned or controlled by Government by negligence or breach of orders, shall be the authority mentioned in column (2) of the table below: Class of members of the Andhra Pradesh
Housing Board Subordinate Service Authority which may impose the penalty or recovery from pay.
(1)
(2)
1. Andhra Pradesh Housing Board Ministerial Service.
Vice Chairman and Housing Commissioner.
(a) Superintendents, Senior Assistants, U.D. Stenos and Rent Inspectors
(b) Junior Assistants L.D. Steno and Typists. Secretary/Chief Engineer/Chief Accaounts Officer as the case may be under whom the person is working.
2. Andhra Pradesh Housing Board Gneral Subordinate Service.
Secretary.
Rent Collector, Record Assistant, Reneo operator and Drivers.
3. Andhra Pradesh Housing Board Engineering Subordinate Service.
(a) Junior Housing Engineer and Head Draughtsman.
Vice-Chairman and Housing & Commissioner.
(b) Draughtsman, Overseer, Tracer Mechanic and Blue Print operator.
Chief Engineer.
4. Andhra Pradesh Housing Board Last Grade Service.
Attender, Watchman and Sweeper Secretary/Chief Engineer/Chief Accounts Officer/Regional Housing Engineer as the case may be under whom the person is working.
Provided that the appointing authority or any higher authority may also impose the aforesaid penalty.
(3) The authority which may impose on a member of the subordinate service the penalities of
(i) With holding of promotions, where such penalty is imposed on the ground of some specific fault or misconduct.
(ii) Reduction to a lower rank in the seniority list or to a lower post or time scale, whether in the same service or in another service or to a lower time scale or to a lower stage in a time scale.
(iii) Compulsory retirement.
(iv) Removal from the service.
(v) Dismissal from the service and.
(vi) Suspension where a person has already been suspended under Rule 8 to the extent considered necessary shall be the appointing authority or any higher authority.
(4) Where in any case a higher authority has imposed or declined to impose a penalty under this rule a lower authority shall have no jurisdiction to proceed under this rule in respect of the same case.
(5) The fact that a lower authority has imposed a penalty or exonerated a member of a service in any case shall not debar a higher authority from exercising his powers under this rule in respect of the same case. The order of such higher authority shall supersede any order passed by a lower authority in respect of the same case.
(6) A Gazetted officer may at any time and without specific authorisation by the authority competent to impose the penalty frame charges against or enquiry into the conduct of an Officer directly subordinate to him, although he may not be competent to impose a penalty.
(7) In this rule, appointing authority means the authority who actually made the officiating or substantive appointment of the person, against whom disciplinary proceedings are proposed to be initiated, to the post hold by him at the time of initiation of such proceedings and not the authority who is under the rules regulating the recruitment to such post, competent to make an appointment.
Rule 11
(1) Where, on promotion or transfer, a member of a subordinate service in class, category or grade is holding an appointment is another class Category or grade thereof or in another service, states or Subordinate, no penalty shall be imposed upon him in respect of his work or conduct before such promotion or transfer except by an authority competent to impose the penalty upon a member of the service in the latter class, category grade or service, as the case may be. This provisions shall apply also to cases of transfer or promotion of a Person from a post under the jurisdiction of one authority to that another within the same class, category or grade.
(2) Where a person has been reverted or reduced from one service to another or from one class category or grade of service to another class, Category or grade thereof no penalty shall be imposed upon him in respect of his work or conduct while he was a member of the service. Class category or grade as the case may be from which he was reverted or reduced, except by an authority competent to impose the penalty upon a member of such service, class, category or grade.
Rule 12
(1) Where the person to be punished has been lent to the punishing authority.
(i) The power to impose the penalty of compulsory retirement or removal or dismissal shall not lie with any authority other than the lending authority. The borrowing authority shall in case where it considers that the punishment of compulsory retirement, removal or dismissal should be imposed complete the inquiry and replace the services of the person concerned at the disposal of the lending authority and forward the record of enquiry for such action as that authority may consider necessary.
Provided that the provision in this clause shall not preclude the lending authority requiring the replacement of the services of the person concerned at the disposal of the lending authority and forward the record of enquiry for such action as that authority may consider necessary.
(ii) Unless in any case it is otherwise provided by specific orders of the Government, the borrowing authority shall consult the lending authority before imposing any of the penalities other than those specified in clause (i) and in the case of suspension, shall report forthwith to the lending authority the circumstances leading to the imposition of that penalty.
(2) Whenever services of any person are lent to a Company, Corporation, Organisation or Local Authority the lending authority shall specify in the terms of deputation the extent to which such Company, Corporation, Organisation or Local Authority may take disciplinary action under its own rules and the k of penalties it may impose against the person or deputation.
Rule 13
(1) No order imposing on a member of a service a penalty specified in items
(i) (ii) and (iii) or (v) of Rule 6 shall be passed except after.
(a) the member of the service is informed in writing of the proposal to take action in regard to him and of the allegations on which the action is proposed to be taken and is given an opportunity to make any representations he may wish to make and.
(b) Such representation, if any, is taken into consideration by the authority competent to impose the penalty.
(2)
(a) In every case where it is proposed to impose on a member of the service any of the penalties specified in items (iv) (vi), (vii) and (viii) in Rule 6, the authority competent to impose the penalty shall appoint an inquiry officer who shall be superior in rank to the person on whom it is proposed to impose the penalty, r shall itself hold an inquiry either suo motu or on a direction from a Higher authority. In every such case the grounds on which it is proposed to take action shall be reduced to the form of definite charge or charges, which shall be communicated to the person charged. Together with a statement of the allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders in the case. he shall be required, within a reasonable time, to file a written statement of his defence and to state whether he desires an oral inquiry or to be heard in person or both. The person charged may, for the purpose of preparing his defence be permitted to inspect and take extracts from such official records as he may specify, provided that the inquiry officer may for reasons to be recorded in writing refuse such permission if, in his opinion such records are not relevant for the purpose or it is against public interest to allow access thereto. On receipt of the statement of defence within the specified time or such further time as may have been given an oral inquiry shall be held if such an inquiry is desired by the person charged or in decided upon by the inquiry officer or is directed by the authority competent to impose the penalty. At that inquiry, oral evidence shall be heard as to such of the allegations as are not admitted and the persons charged shall be entitled to cross examine the witnesses to give evidence in person and to have such witnesses called, as he may wish, provided that the inquiry officer may for special and sufficient reason to be recorded in writing refuse to file, or call a witness. After the oral inquiry is completed the person charged shall be entitled to file, he so desires any further written statement of his defence. If no oral inquiry is held and the person charged shall be entitled to cross examine the witnesses to give evidence in person and to have such witnesses called, as he may wish, provided that the inquiry officer may for special and sufficient reason to be recorded in writing refuse to file, or call a witness. After the oral inquiry is completed the person charged shall be entitled to file , he so desires any further written statement of his defence. If no oral inquiry is held and the person charged desires to be heard in person, a personal hearing of the person charged or both, forward the proceedings of the inquiry to the authority competent to impose the penalty unless he is himself such an officer. The proceedings shall contain the charges framed against the person charged along with the grounds of charge, written statement filed in defence, if any, a sufficient record of the evidence adduced during the oral inquiry, a memorandum of the point is urged by the person charged during the personal hearing, if any a statement of the flings of the enquiry officer on the different charges and the grounds therefor.
(b) Except under very special circumstances to be recorded in writing by the inquiry officer or any officer to whom an appeal may be preferred, no pleader or agent shall be allowed to appear either on behalf of the Board or on behalf of the person charged before the inquiry officer:
Provided that when a request is made by the person charged for engaging a pleader or agent on the ground that he is not acquainted with the language in which the inquiry is conducted, the inquiry officer or the officer to whom the appeal has been preferred shall allow the person charged to be represented by a counsel.
(c) Where it is proposed, after an inquiry, to impose on the person charged any penalty of (1) reduction to lower rank in the seniority list or a lower post or to lower stage in a time scale, (2) compulsory retirement, (3) removal from service (4) dismissal from service, such penalty may be imposed on the basis of the evidence adduced during the inquiry and it shall not be necessary to give to the person charged any opportunity of making representation on he penalty proposed to be imposed.
(d) authority imposing any penalty under these rules shall maintain a record showing:
(i) The allegations upon which action was taken against the person punished.
(ii) The charges framed, if any,
(iii) the person representation, if any, and the evidence taken, if any, and
(iv) the findings and the grounds thereof, if any.
(e) every order imposing the penalty shall state the grounds on which it is passed and shall be communicated in writing to the person concerned.
(a) The provisions of sub rule (1) and (2) shall not apply where it is proposed to impose on a member of the service any of the penalties mentioned in Rule 6 on the ground of conduct which has led to his conviction on a criminal charge or where the authority competent to impose the penalty is satisfied that for some reasons to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry or give such opportunity.
(b) The provisions of Sub rule (2) shall not apply where the government of Andhra Pradesh is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry or given such opportunity.
(a) All or any of the provisions of sub rules (1) and (2) may, in exceptional cases and for special and sufficient reasons to be recorded by the authority competent to impose the penalty in writing to waived where there is a difficulty in observing fully the requirements of these Sub rules and those requirements can be waived without causing any injustice to the person charged.
(b) If in respect of any person charged a question arises whether it is reasonably practicable to hold such enquiry or give such opportunity as is referred to in sub rule (2) the decision thereon of the authority competent to impose the penalty the penalty shall be final.
(c) The provisions of sub rule (2) may be waived in the case of deficiency in the stores detected at the time of stock taking which is caused by negligence or breach of orders of a member of a subordinate service while he is in charge of such stores and the authority competent to writ off the loss caused to the Board by such deficiency is of opinion that the loss does exceed rupees on hundred and that it should be recovered from the pay of such member. In such a case, the member shall before the recovery is ordered to be made from his pay, be given a reasonable opportunity of making representation on the penalty proposed.
PART 4 Appeals
Rule 14
Every person, who is a member of any of the services specified in Rule 5 shall be entitled to appeal, as hereinafter provided, from an order passed by an authority.
(a) Imposing upon him any of the penalities specified in Rule 6.
(b) Discharging him in accordance with terms of his contract, if he has been engaged on a contract for a fixed or for an definite period and has rendered under either form of contract, continuous service for a period exceeding five years at the time when his services are so discharged.
(c) Reducing or withholding the maximum pension including an additional pension, admissible to him under the rules governing pensions, and
(d) Placing him under suspension under Rule 8.
Rule 15
A member of Andhra Pradesh Housing Board General Service and A.P. Housing Board Engineering Service shall be entitled to appeal to the Government from an order passed by the Vice Chairman and Housing Commissioner imposing any penalty specified in Rule 6 or 7 and if such an order is passed by Government he shall be entitled to appeal to the Governor.
Rule 16
Every member of subordinate service specified in Rule 10 shall be entitled to appeal to the Vice Chairman and Housing Commissioner from any order passed by the Vice Chairman and Housing Commissioner Chief Engineer or Secretary or Regional Housing Engineer or Chief Accounts Officer as the case may be imposing any penalty specified in Rule 6 or 7 or suspending the person under Rule 8.
(i) Varying to his disadvantage his conditions of service, pay, allowances or pension as regulated in rules or in a contract of service, and
(ii) interpreting to his disadvantage the provisions of any rules or contract of service whereby his conditions of service, pay allowances or pension are regulated, in case the orders are passed by the Vice Chairman and Housing Commissioner, he shall entitled to appeal to Government.
Rule 17
(1) In the case of an appeal from an order imposing any penalty specified in Rule 6 the appellate authority, shall consider
(a) Whether the facts on which the order was based have been established.
(b) Whether the facts established afford sufficient ground for taking action, and
(c) Whether the penalty is excessive, adequate or inadequate and after such consideration, shall pass such order as it thinks proper.
Provided that (i) no order enhancing the penalty shall be passed unless the appellant is given an opportunity of making representation on the enhanced penalty proposed, and (ii) If the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in Clauses (iv) to (viii) of Rule 6 and an inquiry under Rule 13 has not already been held in the case, the appellate authority shall, subject to the provisions of that rule hold such an inquiry or direct that such inquiry be held and thereafter, on consideration of the proceedings of such inquiry and after giving the appellant an opportunity of making representation on the penalty proposed, pass such orders as it may deem fit.
(2) The appellate authority shall also consider whether the authority which imposed a penalty has followed strictly the procedure in these rules before such penalty was imposed. Any error or defect in the procedure followed in imposing a penalty may be disregarded by the appellate authority in writing that the error or defect has neither caused injustice to the person concerned nor has materially effected the decision in the case.
Rule 18
In the case of an appeal from an order under Rule 16 the appellate authority shall pass such order as appears to it just and equitable having regard to all the circumstance of the case.
Rule 19
Every person preferring an appeal shall do so se tely and in his own name.
Rule 20
Every appeal preferred under these rules shall contain all material statements and arguments relied on by the appellant but shall not contain any disrespectful or improper language. It shall be self contained with copies of orders or other documents enclosed. Every such appeal shall be addressed to the authority to whom the appeal is to be preferred and shall be submitted through the Head of the Office whom the appellant belongs or belonged and through the authority from whose order the appeal is preferred and in the case of members of the subordinate service through the usual official channel.
Provided that an advance copy of appeal may be submitted direct to the appellate authority simultaneously with the original which is submitted through the usual official channel.
Rule 21
An appeal may be with held by an authority not lower than the authority from whose order it is preferred, if
(1) it is an appeal in a case in which, under these rules, no appeal lies.
(2) it does not comply with all or any of the provisions of Rule 20.
(3) it is not preferred within three months from the date of which the appellant was informed of the order appealed against and no sufficient cause is shown for the delay.
(4) It is a repetition of a previous appeal and is made to the same appellate authority by which such appeal was decided and no new facts or circumstances are adduced which could afford grounds for a reconsideration of the case, or
(5) it is addressed to an authority to which no appeal lies under these rules.
Provided that in every case in which an appeal is withheld the appellant shall be informed of the fact and the reasons therefor. Provided further that an appeal withheld on account merely of the failure to comply with the provision of Rule 20 shall not be so withheld if it is resubmitted at any time within one month from the date on which the appellant was informed of the withholding of the appeal, after complying with those provisions.
Rule 22
When an appeal is withheld under rule 21 a copy of the order withholding the appeal shall, invariably, be submitted to the authority to whom the appeal is addressed.
Rule 23
No appeal shall against the withholding of an appeal by the authority competent to withhold it.
Rule 24
(1)
(a) The authority by whom an order imposing a penalty specified in Rule 6 may be reversed or altered in cases in which no appeal is preferred shall be the appellate authority prescribed in the rules or any higher authority.
(b) No appellate authority shall entertain an appeal from any order passed by himself. In such a case the appeals should be dispose of by the authority next above the appellate authority and if there is no such authority by an authority appointed by the Government.
(2) Notwithstanding anything in Sub rule (1) Government may of its own motion or otherwise, revise for good and sufficient reasons to be recorded in writing an original order or an order passed on appeal. Provided that
(a) An order enhancing a penalty shall not be passed without following the procedure laid down in the proviso to sub rule (1) of Rule 17.
(b) The Vice Chairman and Housing Commissioner may of his own motion or otherwise revise for good and sufficient reasons to be recorded in writing an order, passed on appeal by any authority subordinate to him.
Rule 25
Nothing in these rules shall operate to deprive any person of any right of appeal, which he would have had if these rules had not been made, in respect of any order passed before the commencement of these rules. An appeal pending at the time when or preferred after these rules came into force shall be deemed to be an appeal under these rules and Rule 17 shall apply as if the appeal was against an order appealable under these rules.
SCHEDULE 1 THE ANDHRA PRADESH HOUSING BOARD SERVICE
SCHEDULE SCHEDULE
(See Rule 5)
THE ANDHRA PRADESH HOUSING BOARD SERVICE
I. A.P. Housing Board General Service..
(i) Secretary Assistant Secretary.
(ii) Estate Officer.
(iii) Competent Authority.
(iv) Chief Accounts Officer.
(v) Assistant Estate Officer.
II. A.P. Housing Board Engineering Service.
(i) Housing Engineer.
(ii) Regional Housing Engineer.
(iii) District Housing Engineer.
(iv) Assistant Architect cum Town Planner.
III. A.P. Housing Board Ministerial Service
(i) Superintendents
(ii) Divisional Accountants
(iii) Upper division Clerks
(iv) Rent Inspectors
(v) Lower Division Clerks
(vi) Upper Division Clerks
(vii) Lower Division Clerks
(viii) Typists.
IV. A.P. Housing Board Engineering Subordinate Service.
(i) Junior Housing Engineer
(ii) Head Draughtsman
(iii) Draughtsman
(iv) Over seer
(v) Tracers
(vi) Mechanics
(vii) Blue Print Operators
V. A.P. Housing Board General Subordinate Service.
(i) Rent Collectors
(ii) Reneo Operators
(iii) Record Assistant
(iv) Drivers.
VI. A.P. Housing Board Last Grade Service.
(i) Attender
(ii) Watchman
(iii) Sweeper
C. ARJUNA RAO,
Secretary to Government.
ANDHRA PRADESH HOUSING BOARD (APPOINTMENT AND PAYMENT OF FEES TO THE COUNSEL) RULES, 1968
ANDHRA PRADESH HOUSING BOARD (APPOINTMENT AND PAYMENT OF FEES TO THE COUNSEL) RULES, 1968
Rule 1
These rules may be called the Andhra Pradesh Housing Board (Appointment and payment of fees to the counsel) Rules, 1968.
Rule 2
The Chairman shall invite applications from persons who have been members at the Bar for not less than five years and shall submit a panel of names of persons suitable for appointment as Counsel to the Board for selection from panel provided that the Advocate so selected by the Board shall hold office for a period of three years which period may be extended by the Board for a further period not exceeding three years either at a time or in piecemeal. 2-A. (1) (2) The Counsel shall enter into an agreement with the Board in the form annexed to the rules. (G.O.Ms.No.89, Dt. 8 11 78.,
Rule 3
The Chairman with the approval of the Andhra Pradesh Housing Board (hereinafter called the Board) pay fees to the counsel appointed under Rule 2 by the Board for the purpose of appearing on behalf of the Board in any court of law in accordance with the following scale: In civil cases or proceeding including those relating to execution proceedings, irrespective of whether the costs including fees are recovered by the Board from the other party or not, the fees shall be as the court may fix or if the amount fixed by the court is considered to be very high, such smaller amount as the Board may in its discretion determine under Rule 4 where no fee is fixed by the court, the fee shall be the regulation fee or such lower fee as the Board may determine.
Provided that one regulation fee shall be paid in a number of connected cases when the result is virtually determined by a single judgment, irrespective of whether any fee is fixed by the court or any fee is recoverable by the Board from the opposite party in each case. Provided further that one regulation fee payable according to the above proviso is the highest regulation fee payable for any single case in the batch. Provided also that in exceptionally difficult case, the fee shall be paid at such higher rate as the Board may determine. Provided also that the fees work in several categories of Writ Petitions, Writ Appeals, Supreme Court, Civil Miscellaneous Petitions etc., shall be as prescribed by the Government for their law officers.
Rule 4
In principle, the fee should be that amount, which can reasonably be paid to a fair compensation for the work turned out by the counsel. Where the fee fixed by the court is recoverable from the other party, it may originally be allowed unless it is considered high for valid reasons. Where only proportionate cost is recoverable from the other party or where a case is decided in favour of the Board a reasonable fee may be fixed keeping in view the nature of the case and the time spent thereon.
Rule 5
(1) The Chairman may with the approval of the Board pay fees to a counsel upto Rs.100.
(a) In each case for the work done in examining records and for the services rendered out of court.
Provided that no suit or proceeding is instituted or defence entered in pursuance of such examination or of such services and where such suit or proceeding is instituted or defence entered, the total fees payable to the counsel for the work done in examining the records, for service rendered out of court and for engagement in court shall not exceed Rs.100 of the fee payable under Rule 3 whichever is higher and;
(b) in each case in which the subject matter of the claim does not admit of valuation.
(2) The Chairman with the approval of the Board also engage another standing counsel for giving legal advice in connection with the affairs of the Board on payment of a retaining fee of not exceeding two hundred rupees per month.
Rule 6
The Chairman may with the approval of the Board, engage in exceptional cases any other counsel in a civil case.
Rule 7
Where the Government and the Board are both parties in a civil case in which the correctness of the survey of lands vested in the Board is in question and the interests of both are identical, the Board shall engage on its behalf only the counsel appointed on behalf of the Government. In such cases, the fee payable to the counsel shall be borne by the Government and the Board in the proportion of one third and two thirds respectively.
Rule 8
In a civil case, other than that mentioned in Rule 7, where the Government and the Board are both parties and their pleadings are similar, the Board shall engage on its behalf, only the counsel appointed on behalf of the Government. In such case, the fee payable to the counsel and any expenses increased after the proceedings on behalf of the Government and the Board become joint and in furtherance of such joint proceeding shall be borne by the Government and Board in equal shares.
Rule 9
(1) The Counsel appointed on behalf of the Government and the Board under Rules 7 and 8 shall be eligible to only one seat of fees payable by the Government under the rules governing his appointment. The said fee may however payable by the Housing Board to the counsel, subject to its right for reimbursement of the share payable by the Government under the rules.
(2) Where a single case was conducted by more than one Advocate or Counsel, the fee payable to them shall be regularised in accordance with the provision in the Law Officers (Recruitment, conditions of Service remuneration) Rules, 1967.
Rule 10 The counsel of the Andhra Pradesh Housing Board shall be paid retainer fee at the following rates:
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ANNEXURE 1 Form of Agreement
ANNEXURE
ANNEXURE
Form of Agreement (See Rule 2-A (2))
Agreement entered into this day of between son of residing at (hereinafter called the legal counsel) on the first part and the A.P. Housing Board (hereinafter called the Board) of the other part, whereas the Board appointed the party of the first part as its Legal Counsel for as the Board appointed the party of the first part as its Legal Counsel for as the Board appointed the party of the first part as its Legal Counsel for High Court City Civil Court Competent Authority in its proceedings No dated on the terms set forth below:
Now, this agreement witnesseth that it has been agreed between the parties as follows:
1. The Legal Counsel shall be paid a retainer fee of Rs. per month.
2. The Legal Counsel shall abide by the terms and conditions specified in the appointment proceedings dated to which additions or alterations may be made from time to time and they shall be read as part and parcel of the agreement.
3. The Legal Counsel shall.
(a) give considered opinion in writing on all matters referred to him by the Chairman Housing Commissioner Secretary of Housing Board (hereinafter called the Secretary).
(b) draft all agreements, deeds, bonds etc., required by the Chairman Housing Commissioner Secretary.
(c) advise the Board in matters in which his professional advice may be sought for and be available for consultation for the purpose.
4. The Legal Counsel shall give prior written intimation to the Secretary, whenever he leaves the head quarters.
5. The Secretary to the Board, shall give instructions regarding the filing of execution petitions, stay petitions, injunction petitions etc., to the Legal Counsel who shall take necessary action in the matter with due promptitude.
6. The Legal Counsel shall not be entitled to any allowance by way of establishment charges, stationery, contingencies etc.,
7. In case wherein the courts do not fix any fee at all or in cases pending disposal with Legal Counsel at the expiry of his term or termination of his services, the Board shall as per the A.P. Housing Board (appointment and payment fees to the Counsel) Rules, 1968 fix the quantum of fee payable or in later case apportion the fee payable to the outgoing and coming legal counsel so however, that the total amount shall not exceed the fee payable to one legal counsel he had been engaged. The decision of the Board in respect of payment of fees to the legal counsel in all cases shall be final and b ing.
8. The Board shall be at liberty to employ and engage without assigning any reasons any other counsel along with or instead of the legal counsel under special circumstances in any particular case.
9. The Legal Counsel shall not appear or advise against the Board in any matter nor do any act against the interest of the Board.
10. If for illness or other unavoidable circumstances, the legal counsel is unable to attend the court on any date when a case relating to the Board is being heard, he shall arrange for a competent substitute with the permission of the Secretary of the Board.
In witness whereof the legal counsel of Housing Board and the Secretary, A.P. Housing Board for and on. behalf of Housing Board have hereunto set their hands and the scale of the Andhra Pradesh Housing Board has hereunto been fixed.
Legal Counsel.
Witnesses
1.
2.
Signed by the above mentioned in the presence of
SECRETARY,
Andhra Pradesh Housing Board.
Witness
1.
2.
ANDHRA PRADESH HOUSING BOARD TRAVELLING ALLOWANCE RULES, 1977
In exercise of the powers conferred by Section 70 of the Andhra Pradesh Housing Board Act, 1956, (Act No.XLVI) of 1956), the Government of Andhra Pradesh hereby, make the following rules, the same having been published in pages 276 279 of the Rules Supplement to Part I of the Andhra Pradesh Gazette, dated the 21st April, 1977, as required by Sub section (1) of Section 70 of the said Act.
Rule 1 Short title
These rules may be called the Andhra Pradesh Housing Board Travelling Allowance Rules, 1977.
Rule 2 Application
These rules shall come into force from the date of publication in the Andhra Pradesh Gazette and shall apply to every whole time employees of the Board.
Rule 3 Definitions
(1) In these rules, unless the context otherwise requires:
(a) "Actual travelling expenses" means the actual cost of transporting the officers and the employees of the Board and personal luggage including charge for ferry and other tolls They do not include charge for hotels, travellers bungalows, or refreshments.
(b) "day" means a calendar day beginning and ending at midnight.
(c) "Family" includes the wife, children, including an adopted son, step children and parents of an employee residing with and wholly dependent on him A female employee is in no case entitled to charge travelling allowance on account of her husband, except when he is wholly dependent on her Married daughters when placed under their husband s protection do not come under the definition of "Family".
(d) "First Appointment" does not include the appointment of a person at the time of holding any appointment under the Board even though he might have previously held such an appointment.
(e) "Pay" for the purpose of calculating travelling allowance means the actual pay drawn by an employees in his substantive or officiating post It includes "Personal Pay" granted to protect an employee from loss of emoluments and deputation pay but excludes personal pay granted on other consideration like special pay etc.
(f) "Public Conveyance" means a train or other conveyance which plies regularly for the conveyance of passengers but does not include a taxi cab, or other conveyance hired for a particularly journey.
(g) "Transfer" means the movement of an employee from one station in which he is employed to another station whether to take up the duties of a new post or in consequence of a charge of his headquarters:
(h) "Personal Belongings" include such necessary articles as are required by an employee, while on tour, and not motor cars, motor cycles, carriages or heavy furniture:
(i) "Personal Property" includes motor cars, motor cycles, carriages and furniture.
(j) "Fares" shall means, in case where there are two rates of fare, one inclusive and the other exclusive diet fare without diet:
(2) Words used but not defined shall have the same meaning as assigned to them under Andhra Pradesh Housing Board Act, 1956.
Rule 4 Power to Interpret and implement Rules
Any dispute in regard to the interpretation of these rules shall be referred to the Government whose decision shall be final.
Rule 5 Grades
For the purpose of calculating travelling allowance the officers and employees of the Board are divided into the following grades:
GRADES
Grade I Employees drawing a pay exceeding Rs.1,800/-
Grade II Employees drawing a pay exceeding Rs1,000 up to Rs.1,800/-
Grade III Employees drawing a pay exceeding Rs.500 and upto Rs.1,000/-.
Grade IV:- Employees drawing a pay exceeding Rs.200 and upto Rs.500/-
Grade V : Employees drawing a pay of Rs.200 and below
Rule 6 Travelling Allowance not to be a Source of profit
Travelling Allowance is given to an employee of the Board to cover the actual expenses incurred by him in travelling in the interest of the Board It is a fundamental principal that the allowance is not to be made a source of profit and no allowance are granted to meet the expenditure of the families of the employee or their private servants accompanying them when travelling on duty except as provided herein.
Rule 7 Starting and Ending points of Journeys
The point of any station from which a journey is held to commence or which it is held to end, will be considered fixed as follows:
(a) For the Head Office, Gruhakalpa Office of the Andhra Pradesh Housing Board, M.J.Road, Hyderabad 1.
(b) Regional and Sub Divisional, the Regional and Sub Divisional Office in the respective places.
Rule 8 Pretion and passing of Travelling Allowance Bills
(a) All claims for travelling allowance shall be drawn on forms prescribed in Andhra Pradesh Travelling Allowance Rules, giving the full details of movements, the objects of the journey and shall be signed by the claimants and declared as a true record.
(b) All Travelling Allowance Bills before submission to the Chief Accounts Officer shall be passed and shall be duly Countersigned by the Controlling Officer.
(c) All Travelling Allowance Bill shall be scrutinised by the Accounts Section before they are passed for payment by the Chief Accounts Officer.
(b) All bills shall only be passed strictly in accordance with these rules In case of any deviation for any substantially good reasons, the previous sanction of the Chairman shall be obtained before the bill is passed.
Rule 9 Approval of Tour Programme
The Chairman shall approve the tour programme of all employees, including himself The Chairman may also delegate these powers to the subordinate Officers.
Rule 10 Fixed Monthly Conveyance Allowance
No fixed monthly conveyance allowance shall be given to any employee who is provided with any payment made of conveyance by the Board for Official work.
Rule 11 Daily Allowance
A Daily Allowance is intended to cover the ordinary daily charges of an employee on tour It is drawn only during absence from headquarters on duty including the period of halts on duty or on authorised holidays during such absence The rates of Daily Allowance shall be incited in Rule 15.
Rule 12 Period of Absence
The period of absence from headquarters will begin from the hour at which the employee actually leaves headquarters and will end at the hour on which he returns headquarters.
Rule 13 Computation of Daily Allowance
(a) "For the purpose of Daily Allowance, absence from headquarters shall be reckoned as per Rule 12 If the duration of absence is between 6 and 12 hours, half daily Allowance shall be admissible and if it exceeds 12 hours, involving journey period, full daily allowance shall be admissible This requirement of minimum period of absence from the headquarters shall not however, apply if it involves an overnight Stay" The above allowance is admissible only when single journey exceeds 20 K.Mfrom headquarters.
Rule 14 Employees summoned to give evidence in Court
An Employee who is summoned to give evidence in court of law in respect of any facts which have come to his knowledge in the discharge of his duties, shall be entitled to a Daily Allowance; but in all such cases, the subsistence allowance paid by the Court shall be credited to the Board.
Rule 15 Pocket expenses during training
An Employee, who is deputed for training to a place outside his headquarters at the expenses of the Board and where the training fee includes boarding and lodging charges, he shall be eligible to 25 of the rate of normal Daily Allowance admissible to him towards pocket expenses In case where the training fee does not include the boarding and Lodging charges, the employees shall be allowed the same daily allowance to which he is eligible as on tour.
Rule 16 Scales of travelling and daily allowance
The following is the scale of Travelling Allowance for Officers and Staff:-
Rule 17 Prolonged halts
The halt at one station shall not exceed ten days In special circumstances, the limit of 10 days may be extended at the discretion of the Chairman on such conditions as he thinks fit if he is satisfied
(i) That the prolonged absence from headquarters is necessary in the interest of the Board; and
(ii) that the grant halting allowance for further period is essential to avoid hardship to the employee.
Rule 18 Travel by Air
(a) No Officer other than the Chairman shall be eligible to travel by air at his option; and other Officers are eligible to travel by Air only with the previous approval, of the Chairman.
(b) In case where travel by Air is permitted, the fare allowable shall be the actual fare plus half Daily Allowance per trip for incidental plus luggage charges.
(c) Officers permitted to travel by Air are expected to avail concession of return ticket unless the Board s business involve their journey from place to place whereby it may not be possible to return by the same route.
(d) Where an Officer is eligible or permitted to travel by Air, he shall take Air Risk Insurance for an amount not exceeding his basic pay for five years of the minimum amount prescribed by the Airways, whichever amount is higher and premium shall be borne by the Board.
Rule 19 Travel by higher Class When permissible
(a) No Officer or employee shall travel in a class higher than that to which he is eligible as per these rules and in case of deviation for any exceptional cause, the allowance of the expense thereof shall require sanction of the chairman.
(b) Where an employee has been allowed under special circumstances with the sanction of the competent authority, the train fare of a higher class than he is ordinarily allowed as per these rules, he shall nevertheless get the incidental expenditure he is entitled to at his normal rate but not of the higher class he is permitted to travel.
(c) Wherever extra amounts have been allowed over and above the train or air fare, they are to cover all incidental charges of the journey, such as luggage or personal effects, and handling enroute, but shall not include any charge on Board s articles if carried, for which actual extra charges incurred if any shall be paid.
Rule 20 Travel by Road
(a) No officer or employee shall be entitled to claim mileage or any other allowance or expense for travelling by road to place where train or bus service is available unless specially permitted by the Chairman.
(b) the officers who are provided with a motor car or any other conveyance at the expenses of the Board are entitled only to receive Daily Allowance as admissible under Rule 13.
(c) The Officer s not provided with the Board conveyance, when they travel on their own conveyance and at their own expense, shall receive mileage at the rates specified under Rule 16 provided that the places visited are not within a distance of 8 K.M from their headquarters They shall be allowed Daily Allowance as provided under Rule 13.
(d) If the Officers are required to travel by taking a single seat in taxi under certain compelling circumstances, he shall be allowed the taxi fare limited to the train fares of the class to which he is entitled, if the two places are connected by train Otherwise he shall be entitled, to Super Deluxe or Deluxe Bus fare They shall receive D.A as per Rule 13.
Rule 21 Travel by public Conveyance
Employees when travelling by a public conveyance other than railway, are entitled to the actual expenditure for travel and receive Daily Allowance as per Rule 13.
Rule 22 Payment of travelling allowance
(a) Travelling allowance shall not as a rule, be paid to persons going to join first appointment, unless specific mention to the effect is made in the appointment order and documentary evidence produced to that effect that such payment was agreed to at the time of appointment.
(b) The travelling allowance under this clause shall not exceed one single fare of the class to which an employee of the Board in a similar rank is eligible.
Rule 23 Local journey
The charges on account of travel by taxi and other cheapest modes of conveyance shall be allowed as follows where they engaged in Board s work and where the Board s vehicle is not available.
(b) All employees shall be eligible to claim conveyance charges from place of residence to Railway station or air booking Office and vice versa , subject to the limitations stated above.
Rule 24 Cases not specifically covered by the Rules
In respect of cases which are not specially covered by those rules, the Chairman may allow actual expenses where he is satisfied that there are adequate reasons for doing so.
Rule 25 Contract Officers
These rules shall apply to the contract Officers in the same manner as they would ordinarily apply to Board s own employees unless, otherwise specifically provided for.
Rule 26 Officers on Deputation
In respect of the Officers on deputations, the terms of deputation shall prevail over the rules of the Board in so far as, travelling Allowance claims are concerned.
Rule 27 Travel to overseas
Special scale shall be sanctioned by the Board in each case when the Chairman or any other Officer or employee of the Board is required to travel overseas on Board s business in which case prior sanction of the Board s shall be necessary.
Rule 28 Tour Advance
An employee who is required to travel on the Board s business may draw an advance to meet his travelling expenses not exceeding the expenses he is likely to incur The advance so drawn should be adjusted in the final bill, which should be preferred immediately after the tour.
Rule 29 Miscellaneous
In matters not provided in these rules, the provisions contained in Andhra Pradesh Financial Code and Andhra Pradesh Travelling Allowance Rules, shall apply.
ANDHRA PRADESH HOUSING BOARD (ALLOTMENT OF PLOTS) RULES, 1977
In exercise of the powers conferred by Section 70 of the Andhra Pradesh Housing Board Act 1956, (Act XLVI of 1956), the Governor of Andhra Pradesh hereby makes the Andhra Pradesh Housing Board (Allotment of Plots) Rules, the same having been previously published at Pages 213 to 241 of the Rules Supplement to part I of the Andhra Pradesh Gazette, dated the 11th November, 1976, as required by Sub section (1) of Section 70 of the said Act.
Rule 1
(1) These rules may be called the Andhra Pradesh Housing Board, (Allotment of plots) Rules, 1977.
(2) They shall apply to land acquisition and development schemes taken up by Andhra Pradesh Housing Board.
(3) They shall come into force on the date of their publication in Andhra Pradesh Gazette.
Rule 2
(1) In these rules unless the context otherwise requires.
(a) "Act" means the Andhra Pradesh Housing Board Act, 1956 (Act XIVI of 1956):
(b) "allottee" means the person to whom a plot is allotted under these rules and includes his legal heir established by an affidavit executed by the legal heir on stamped paper (non judicial of Rs.4 50 duly verified by the Magistrate (the Deputy Collector having competent jurisdiction) or by a Civil Court Decree where the Chairman deems such decree necessary declaring him the heir of the deceased allottee against the person disputing the fact or a nominee who is a member of his family;
(c) "applicant" means a person applying to the Board for allotment of a plot under these rules;
(d) "form" means form appended to these rules;
(e) "Government" means Government of Andhra Pradesh;
(f) "hire purchase system" means a system in which a participant takes step to secure rights in a property under the scheme referred to in rule 2 by payment of hire purchase deposit in specified number of years during which he remains a lessee on terms and conditions set out for that purpose and on the expiry of the said period and after complying with other terms and conditions under these rules ceases to be a lessee and becomes an owner on payment of all dues;
(g) "hire purchase deposit" means non interest bearing advance payment made by the applicant in a lumpsum or in instalments for securing by hire purchase a plot under a scheme on terms and conditions set out for the purpose;
(h) "income" means the aggregate income regularly derived by the applicant from his occupation, trade, business or employment or any calling or source, constituting normal means of livelihood;
(i) " plot" means a piece of developed land occupied or intended for occupation by one main building together with its necessary buildings used customarily incidental to it including the open space in the plot and having frontage upon a street or road;
(j) "scheme" means a land acquisition and developmental scheme referred to in Rule 2;
(k) "stray plot" means a plot which was once allotted but subsequently the allotment was either cancelled by the Board or surrendered by the allottee or a plot left over inadvertantly while notifying the plots for allotment or a plot which has been formed on account of readjustment in the plan subsequent to the issue of notice inviting applications for allotment of plots.
(2) Words used in these rules, but not defined, shall have the same meaning as assigned to them in Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956).
Rule 3
(1) The Board may, subject to the provisions of these rules, allot plots to persons who agree to purchase them in accordance with these rules.
(2) The disposal of the plots shall be either outright sale basis or on hire purchase system in the manner provided in these rules.
Rule 4
(1) The size of the plot shall ordinarily be:
Provided that the Board may at its discretion change the size of any plot depending upon the location of the plot and other factors.
Rule 5
(1)
(a) Whenever the Board has formed an extension or layout in pursuance of any scheme, it shall offer any or all the plots in such extension or layout for allotment to person eligible under these rules:
(b) Notwithstanding anything contained in Clause (a) the Board may allot a stray plot to a person who is eligible for allotment of plot under these rules.
(2)
(a) The Board shall, for the purpose of allotment of plots, issue a notice published in the manner specified in Clause (c), for inviting applications before a date specified therein. Due publicity shall be given in respect of plots offered for allotment.
(b) The notice shall specify:
(i) the number, location and size of the plot for High Income Group, Middle Income Group, Low Income Group and Economically Weaker Sections, as the case may be;
(ii) the amount payable as initial deposit;
(iii) the last date of submission of application for allotment of plot
(iv) the earnest money deposit payable.
(v) any other particulars which the Chairman, may consider necessary.
Provided that the last date for submission of applications by defence personnel shall be one month later than the date fixed for other applicants.
(c) The publication of notice shall be made in not less than three daily newspapers published in main languages i.e., Telugu, English and Urdu having wide circulation in the State.
(d) Due publicity may also be given by publication of prospectus which shall be obtained at the office of the Housing Board on payment of Rs.3.00 or such cost as the Chairman may, from time to time fix where the layout plans of the plots and the terms and conditions of allotment shall be clearly indicated.
Rule 6
(1) Every applicant shall deposit or cause to be deposited an earnest money amount through a challan at the Extension Counter of the State Bank of Hyderabad situated in Gruhakalpa, Mukarramjahi Road, Hyderabad or some other place which the chairman may specify in the notice. The challan or demand draft obtained to cover the earnest money shall be enclosed to the application.
(2) The earnest money deposit shall be as follows:- Plot for High Income Group
Rs. 1,000
Plot for Middle Income Group
Rs. 500
Plot for Low Income Group
Rs. 200
Plot for Economically Weaker Section
Rs. 100
Provided that the Board may at its discretion change the amount of earnest money deposit of any category of plots.
(3) The earnest money deposit shall be refunded to the applicant if no allotment is made in his her favour.
Rule 7
Application for allotment shall be presented in Form 1-A,1-B, 1-C or 1-D, as the case may be. The applicant shall follow the instructions contained in Form 2.
Rule 8
(1) No application shall be accepted by the Chairman unless it is received on or before the date specified in the notice and the applicant furnishes the earnest money deposit challan or demand draft as provided in the notice published under Rule 5, along with application.
(2) On receipt of the application under Sub rule 1, the Secretary shall enter each application in a register maintained for the purpose in the order in which application is accepted and shall pass a receipt to the applicant.
(3) The Secretary shall first scrutinise and list out the eligible applications from the total number of applications received before the specified date.
(4) Any application which is incomplete in any respect is liable to be rejected.
Rule 9
(a) The following principles shall be observed while making allotment of plots, by drawal of lots among the eligible applicants, under a particular scheme.
(i) In the case of plots meant for High Income Group, Middle Income Group and Low Income Group, upto 30 per cent of the plots be earmarked for out right sale, preference shall be given to the applicants who make payments in foreign currency and in which case applicants shall enclose an undertaking along with applications to make payments in foreign currency.
(ii) In the case of plots meant for High Income Group, Middle Income Group and Low Income Group, fifteen percent of the plots be earmarked for allotment on hire purchase system to those who deposit 50 percent of the cost as initial deposit.
(iii) In the case of plots meant for High Income Group, Middle Income Group and Low Income Group, rest of the plots be earmarked for allotment of hire purchase system to those who deposit 20 percent of the cost as initial deposit. If there is no response to categories (i) and (ii) all the plots shall be converted and sold on hire purchase system to those who deposit 20 percent of the cost.
(b) The Board may, at its discretion, change the above percentages depending upon the need as such.
(c) 15 per cent of the plots offered for sale, either by hire purchase or outright sale shall be reserved for defence and Border Security force personnel and be allotted by lots in the following orders of priority.
(i) Widows or other dependents of Defence and Border Security force personnel who have been killed in action.
(ii) Disabled service Border Security force personnel who are invalidated and out of service;
(iii) Ex-Service personnel and Ex. Border Security force personnel.
(iv) Serving defence and Border Security force personnel.
(d) 18 percent of the plots offered for sale either by hire purchase or outright sale shall be reserved for allotment, by drawal of lots among Scheduled Castes and Scheduled Tribes in the ratio of 14:4. In the case of plots meant for Low Income Group and Economically Weaker Section 15 percent of the plots shall be reserved for listed Backward Classes.
(e) 10% of the plots offered for sale either by hire purchase or outright sale shall be reserved for allotment by drawal of lots among the State Government servants and such of the retired Govt. servants who have retired on or after 1-4-1976. Including employees of semi Government, Local Bodies and other Public Institutions under the control of Government.
(f) In the case of plots meant for High Income Group and Middle Income Group, 5 of the plots offered for sale either by hire purchase or outright sale shall be reserved for M.L.A. s and M.L.C. s of Andhra Pradesh.
Rule 10
No allotment shall be made if the applicant.
(i) is not ordinarily resident in the area within the limits of the Municipal Corporation of Hyderabad or concerned Municipality where the plots are situated for not less than 5 years immediately before the last date fixed for making application;
(ii) Owns a house or plot within the limits of the Municipal Corporation of Hyderabad or concerned Municipality in his or her own name or in the name his her husband wife, as the case may be, or in the name of his minor children.
(iii)
(a) has an annual income exceeding Rs.4,200 in case of Economically Weaker Sections.
(b) has an annual income exceeding Rs.7,200 in the case of Low Income Group.
(c) has an annual income exceeding Rs.18,000 and less than Rs.7,200 in the case of Middle Income Group.
(d) has an annual income less than Rs.18,001 in case of High Income Group.
(iv) has not got the requisite paying capacity.
(v) Is less than eighteen years of age.
(vi) Is not in a position to build the house on the plot without loan assistance from Government.
Provided that this condition shall not be considered in case of applicant belonging to Scheduled Caste, Scheduled Tribes and other Backward Classes.
Provided further that the Chairman may, in his discretion for sufficient reasons relax any of the provisions of this rule in favour of any applicant, specially in the case of such applicant who is domiciled in Andhra Pradesh but has gone outside the State or abroad on employment business studies or training and who bonafidely intends to reside in the area within the limits of the concerned Municipal Corporation or Municipality where the plots are situated.
Rule 11
(1) The Chairman shall, in case the number of eligible applicants is equal to less than the plots available for allotment shall allot plots by drawal of lots, at the rate of one to each applicant and re notify the rest of the plots if any.
(2)
(a) The Chairman shall make arrangements for drawal of lots among all the eligible applicants, if their number exceeds the number of plots notified. A notice of not less than 7 days specifying the date, time and venue of the drawal of lots shall be given to all eligible applicants. Any inadvertant omission to send notice or non receipt of notice by any applicant shall not vitiate due drawal of lots.
(b) Lots shall be drawn separately for Higher Income Group, Middle Income Group, Low Income Group and Economically Weaker Sections schemewise in the presence of such of the members of the Housing Board and the eligible applicants as may be present at the time of drawal of lots.
(c) Lots shall be simultaneously drawn in respect of plots and applicants and the names of the applicants who have succeeded in the lots shall be arranged indicating the plot numbers which have been drawn by lots against those applicants.
(d) After the lots are drawn as specified in Clause (c) further lots may be drawn to an extent of 33 1/2% percent of the number of plots available for allotment in respect of each category.
(e) Lots shall be drawn in respect of reserved quota first, and the applications remaining after drawal of lots, shall be added to general pool.
(f) The names of the applicants who are allotted the plots shall be published on the notice Board of the office of the Housing Board and such other place as may be specified by the Chairman.
(3) Notwithstanding anything in these rules, the Chairman may in special and deserving cases, recommend, to the Government which shall be supported by a resolution of the Board, for allotment of certain plots developed under the scheme referred to in Rule 2 in favour the occupants of the houses which were demolished for purposes of development of housing schemes in the lands acquired from them including their old houses. The decision of the Government shall be final in such matters and any allotment done based on Government orders, shall be deemed to be an allotment under these rules.
Rule 12
After the allotment is finalised the Chairman shall issue an allotment letter in Form 3-A, 3-B or 3-C informing the allottee that the plot is allotted to him on terms and conditions specified in the letter asking him to call at the office of the Housing Board or any place as may be specified therein and complete the formalities within the period specified in the letter.
Rule 13
On receipt of an allotment letter, the allottee shall within the period specified in the letter accept the allotment of the plot in Form 4 and shall comply with all the requirements as mentioned therein. In case the allottee does not communicate the acceptance of allotment within the time specified in the allotment letter it shall be deemed that he has accepted the allotment. If on a later date, he seeks cancellation or refuses to have the allotment, the earnest money deposit shall be forfeited.
Rule 14
(1)
(i) In the case of allotment by outright sale as referred to in Rule 9 (a) (i) the allottee shall pay the cost in full and also execute an agreement for sale, in Form 5, on a non judicial stamp paper prescribed for agreements, within 30 days from the date of receipt of the allotment letter.
(ii) In the case of allotment under hire purchase system as referred to in Rule 9 (a)(ii) the allottee shall pay 50 of the cost and also execute the lease cum sale agreement with the Board in Form 6 on a non judicial stamp paper prescribed for agreement within 30 days from the date of the allotment letter.
(iii) In the case of allotment on hire purchase system as referred to in Rule 9 (a) (iii), the allottee shall pay 20 of the cost and also execute lease cum sale agreement with the Board in Form 6 on a non judicial stamp paper prescribed for agreement within 30 days from the date of receipt of the allotment letter.
(2) After the required payment as specified in Sub rule (1), is made and required agreement in Form 5 or Form 6, as case may be, has also been duly executed, possession of the plot shall be given to the allottee and a letter in Form 7 shall be issued to the allottee for receiving possession of the plot.
(3) If the allottee fails to execute the required agreement in Form 5 or Form 6, as the case may be, the allotment shall be cancelled and the earnest money deposited shall be forfeited to the Board, provided that the Chairman may in his discretion grant extension of time for required payment and also for execution of the agreement normally subject to a maximum period of six months or in cases where advances applied for from the Department or their employers, subject however to the payment of penal interest at one and half times the rate of normal interest on delayed payment.
Rule 15
(1) The allottee shall not keep the plot vacant indefinitely and he she shall construct a building for which purpose the plot is allotted, within a period of two years from the date of taking possession of the plot.
(2) The allottee shall conform to the conditions stipulated while constructing, re-constructing altering or adding to a building on the plot. The allottee shall obtain the necessary licence from the Corporation of Hyderabad or the concerned Local Authority for the construction of the building and he she shall submit his her application for obtaining the licence for the construction, re construction, addition to or alteration of, a building through the Chairman, Andhra Pradesh Housing Board.
(3) If no residential building is constructed within the said period of two years from the date of taking possession of the plot, the Chairman shall have the right to cancel the allotment and to resume the plot without payment of any interest on the deposit and instalment paid or compensation for any improvement, construction, etc. made by the allottee thereon, duly forfeiting 14th of the deposits and instalments paid by the allottee towards the cost of the plot.
Provided that the chairman may at his discretion extend the time for completion of the construction for a maximum period of 12 months in aggregate.
Rule 15A
(1) The Board shall lay down the terms and conditions for grant of loans to the allottees of plot under these rules of individual plot owners for construction of houses tenaments thereon, which shall be known as "Allottee Construction System".
(2) The Board shall be competent to exempt from the application of the terms and conditions herein in general or in specific cases.
Rule 16
(1) The cost payable by an allottee shall comprise of:
(a) the cost of acquisition of land;
(b) the cost of development of the plot;
(c) interest on the cost of acquisition and development and incidental charges from the date of drawal of loan by the Board to the date fixed by the Board for handing over the building plots to the allottees.
(d) taxes, if any, payable by the Board until the plot is handed over to the allottee;
(e) the establishment and management charges at such rate as the Board may determine.
(2) The earnest money deposit paid along with the application shall be adjusted towards 50% or 20% of the plot.
(3) If the erstwhile owners of the lands acquired for the lands acquired for the scheme happen to go to Civil Court appealing against the award passed by the Land Acquisition Officer and the court passes a decree or decrees in their favour, the extra compensation that has to be paid thereon by the Housing Board shall to be made good from the allottees by revising the cost of the plot and also the amount paid due to any extraneous unavoidable circumstances in the increased rate of taxes or cost of development and provision of amenities.
(4) The final cost of the plot due to the increased cost of development charges and provision of amenities etc.; shall be determined after all the cases of acquisition proceedings pending in Civil Courts are finally settled. Such fixation of price by the Board shall of conclusive and final.
Rule 17
In the case of allotment on hire purchase system, the unpaid balance of 50% or 80% of the cost together with interest at the rate payable by the Board shall be paid to the Board in number of equal instalments spread over a period specified by the Board.
Rule 18
The Chairman, Andhra Pradesh Housing Board, shall have the right to reject the allotment of all or any of the plots applied for by an applicant without assigning any reason therefor.
Rule 19
In consonance with these regulations and in pursuance of the provision of the lease cum sale agreement in Form 5 or Form 6 all rates taxes, charges assessments and other levies of whatsoever nature shall be paid directly by the allottee with effect from the date of allotment.
Rule 20
The allottee shall not sell or otherwise dispose of the plot house unless and until he fulfils the conditions of allotment if. however, the sale of the plots in made outright to the allottee, and the allottee or owner intends selling the plot house the sale shall be offered in the first instance to the Andhra Pradesh Housing Board and in such event the Andhra Pradesh Housing Board shall have the right to buy the plot at the same price for which it was sold to the allottee and also the building upon such price as will represent the market value of the building at the time. It shall be open for the Chairman to refuse the said offer and in which case the Chairman may permit the allottee to sell or otherwise dispose of the plot house; Provided however that no such permission shall be given within five years from the date of allotment.
Rule 21
If, at any time, it is found that the information given by the applicant in his her application etc., is found incorrect the Chairman shall have the right to cancel the allotment, resume possession of the plot and forfeit part or whole of the amount paid by the applicant till then towards the cost of the plot or earnest money deposit.
Rule 22
(i) In the case where the Housing Board is not able to get sufficient number of applications for allotment in response to the notice the Board shall re notify the balance number of plots again and again till sufficient number of applications are received and the plots allotted according to the procedure laid down in the rules.
(ii) Similarly, the vacancies arising on account of cancellation, rejection, etc.; shall be filled up by notifying the plots as laid down in the rules.
Rule 23
On payment of the cost as finally fixed, the plot shall be transferred in the name of the allottee by duly executing a conveyance deed. The expenses on account of stamp duty, registration fee and any other incidental charges shall be borne by the allottee;
Provided that no such transfer shall be effected till the lapse of five years from the date of giving possession of the plot to the allottee.
APPENDIX 1A Application form for the allotment of Plot on outright Sale/hire Purchase 50% Hire purchase Deposit/hire Purchase 20% hire Purchase Deposit
FORM
FORM 1-A (See Rule-7)
Application form for the allotment of Plot on outright Sale/hire Purchase 50% Hire purchase Deposit/hire Purchase 20% hire Purchase Deposit.
To
The Chairman, Andhra Pradesh Housing Board "Gruhakalpa" M.J. Road Hyderabad-500 001
Sir,
I request you to allot me a plot on out right sale/50% Hire Purchase Deposit/20% Hire Purchase Deposit of...............size at.................locality.
I have read the rules relating to the allotment of plot and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclose a Challan No........dated...............in token of having deposited the required earnest money of Rs..........................
1. Full name of the applicant
(in block letters).
2. Father's/Husband's name
(in block letters)
3. Full Address (in block letters)
(i) Present.
(ii) Permanent.
4. Date of birth/age, supported by authenticated documents. Persons whose date of birth is not recorded shall enclose age certificate obtained from any Gazetted officer.
5. Occupation.
6. Whether the applicant already owns a plot house in his name or in the name of his her wife or husband or in the name of minor child with-in the limits of Municipal Corporation of Hyderabad or concerned Municipality. If not, a certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories mentioned in Rule 9 and if so a certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
8. Whether the applicant was residing in the limits of Municipal Corporation of Hyderabad of concerned Municipality, where the plots are situated for five years immediately before the last date fixed for making application. Certificate in support of should be obtained from any Gazetted Officer of the place where the plots are situated.
9. Whether the applicant can construct house without loan assistance from Government.
10. Annual Income of the applicant and source of such income.
(a) Profession or Occupation.
(b) Rent of property (Viz.) mulgies, shops etc.
(c) From Lands.
11. I hereby declare that the information given by me in the application is true and correct and if it is later on notice to be false or untrue, myu application under reference and all other application under reference and all other application, if any, should be treated as cancelled and if I have been successful in getting a plot on the basis of false or untrue information the allotment may be treated as void abinitio.
Signature of the applicant.
Address (in block letters).
..................................................
.........................................
.....................................
Assistant Estate Officer.
Dated:
Serial Number.
IN PINK COLOUR.
MIDDLE INCOME GROUP
OUTRIGHT SALE
Hire purchase (fifty percent of the cost as hire purchase deposit)
Hire purchase (Twenty per cent of the cost as hire purchase deposit)
APPENDIX 1B Application form for the Allotment of plot on Outright Sale/Hire Purchase 50% hire Purchase Deposit/Hire Purchase 20% hire Purchase Deposit
FORM
FORM 1-B
(See Rule & )
Application form for the Allotment of plot on Outright Sale/Hire Purchase 50% hire Purchase Deposit/Hire Purchase 20% hire Purchase Deposit
To
The Chairman, Andhra Pradesh Housing Board, "Gruhakalpa" Mukarramjahi Road, HYDERABAD-1. (A.P.).
Sir,
I request you to allot me a plot on outright sale 50% hire purchase deposit 20% hire purchase deposit of..........size at.............locality.
I have read the rules relating to the allotment of plots and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclose a challan No...........dated.........in token of having deposited the required earnest money of Rs................
1. Full name of the applicant
(in block letters).
2. Father's/Husband's name
(in block letters)
3. Full Address (in block letters)
(i) Present.
(ii) Permanent.
4. Date of birth/age, supported by authenticated documents. Persons whose date of birth is not recorded shall enclose age certificate obtained from any Gazetted officer.
5. Occupation.
6. Whether the applicant already owns a plot house in his name or in the name of his/her wife or husband or in the name of minor child with-in the limits of Municipal Corporation of Hyderabad or concerned Municipality. If not, a certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories mentioned in Rule 9 and if so a certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
8. Whether the applicant was residing in the limits of Municipal Corporation of Hyderabad of concerned Municipality, where the plots are situated for five years immediately before the last date fixed for making application. Certificate in support of should be obtained from any Gazetted Officer of the place where the plots are situated.
9. Whether the applicant can construct house without loan assistance from Government.
10. Annual Income of the applicant and source of such income.
(a) Profession or Occupation.
(b) Rent of property (Viz.) mulgies, shops etc.
(c) From Lands.
11. I hereby declare that the information given by me in the above application is true and correct and it is later on noticed to be false or untrue, my application under reference and all other applications, if any, should be treated as cancelled and if I have been successful in getting a plot on the basis of false or untrue information the allotment may be treated as void abinitio.
Signature of the applicant.
Address (in block letters).
...................... ....................
..............................................
Assistant Estate Officer.
Date:
Serial No.
IN YELLOW COLOUR
LOW INCOME GROUP
Outright Sale
Hire Purchase [fifty percent of the cost as hire purchase deposit]
Hire purchase [twenty per cent of the cost as hire purchase deposit].
APPENDIX 1C Application form for the allotment of plot on outright sale/hire purchase 50% hire purchase Deposit/hire purchase 20% hire purchase Deposit
FORM
FORM 1-C (See Rule-7)
Application form for the allotment of plot on outright sale/hire purchase 50% hire purchase Deposit/hire purchase 20% hire purchase Deposit
To
The Chairman, A.P., Housing Board "Gruhakalpa" Mukarramjahi Road Hyderabad-500 004
Sir,
I request you to allot me a plot on outright sale/50% hire purchase deposit/20% hire purchase deposit of...........size at.........locality.
I have read the rules relating to the allotment of plot and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclose a challan No.......dated............in token of having deposited the required earnest money of Rs.
1. Full name of the applicant
(in block letters).
2. Father's/Husband's name
(in block letters)
3. Full Address (in block letters)
(i) Present.
(ii) Permanent.
4. Date of birth/age, supported by authenticated documents. Persons whose date of birth is not recorded shall enclose age certificate obtained from any Gazetted officer.
5. Occupation.
6. Whether the applicant already owns a plot house in his name or in the name of his/her wife or husband or in the name of minor child with-in the limits of Municipal Corporation of Hyderabad or concerned Municipality. If not, a certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories mentioned in Rule 9 and if so a certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
8. Whether the applicant was residing in the limits of Municipal Corporation of Hyderabad of concerned Municipality, where the plots are situated for five years immediately before the last date fixed for making application. Certificate in support of should be obtained from any Gazetted Officer of the place where the plots are situated.
9. Whether the applicant can construct house without loan assistance from Government.
10. Annual Income of the applicant and source of such income.
(a) Profession or Occupation.
(b) Rent of property (Viz.) mulgies, shops etc.
(c) From Lands.
11. I hereby declare that the information given by me in the above application is true and correct and if it is later noticed to be false or untrue, my application under reference and all other applications if any, should be treated as cancelled and if I have been successful in getting a plot on the basis of false or untrue information the allotment may be treated as void abinitio.
Signature of the Applicant.
Address (in block letters).
......................................
......................................
......................................
Assistant Estate Officer.
Dated:
Serial Number.
IN WHITE COLOUR
ECONOMICALLY WEAKER SECTION
Hire purchase (Twenty per cent of the cost as hire purchase deposit).
APPENDIX 1D Application form for the Allotment of plot on hire purchase 20% hire purchase Deposit
FORM
FORM I-D (See Rule-7)
Application form for the Allotment of plot on hire purchase 20% hire purchase Deposit
To
The Chairman Andhra Pradesh Housing Board "Gruhakalpa" M.J. Road Hyderabad-500 001
Sir,
I request you to allot me a plot on 20 Hire Purchase Deposit of............size at..............locality.
I have read the rules relating to the allotment of plot by the Board and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclose a Challan No.............dated...........in token of having deposited the required earnest money of Rs.................................................
1. Full name of the applicant
(in block letters).
2. Father's/Husband's name
(in block letters)
3. Full Address (in block letters)
(i) Present.
(ii) Permanent.
4. Date of birth/age, supported by authenticated documents. Persons whose date of birth is not recorded shall enclose age certificate obtained from any Gazetted officer.
5. Occupation.
6. Whether the applicant already owns a plot house in his name or in the name of his/her wife or husband or in the name of minor child with-in the limits of Municipal Corporation of Hyderabad or concerned Municipality. If not, a certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories mentioned in Rule 9 and if so a certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
8. Whether the applicant was residing in the limits of Municipal Corporation of Hyderabad of concerned Municipality, where the plots are situated for five years immediately before the last date fixed for making application. Certificate in support of should be obtained from any Gazetted Officer of the place where the plots are situated.
9. Whether the applicant can construct house without loan assistance from Government.
10. Annual Income of the applicant and source of such income.
(a) Profession or Occupation.
(b) Rent of property (Viz.) mulgies, shops etc.
(c) From Lands.
11. I hereby declare that the information given by me in the above application is true and correct and if it is later on noticed to be false or untrue, my application under reference and all other application, if any, should be treated as cancelled and if I have been successful in getting a plot on the basis of false or untrue information the allotment may be treated as void abinitio.
Signature of the applicant.
Address [in Block letters].
.........................................
...............................................
.................................................
Dated:
Serial Number
Assistant Estate Officer.
APPENDIX 2 Instructions to the Applicant
FORM
FORM-2 (See Rule-7)
Instructions to the Applicant
1. The application form duly filled in together with the required certificates, shall be presented in person or sent by registered post, so as to reach the Secretary, Andhra Pradesh Housing Board, within the date and time specified in the notice. Applications received after the last date stipulated, will be rejected.
2. The earnest money shall be deposited in cash through a Chelan at the extension counter of State Bank of Hyderabad, situated at Gruhakalpa, M.J.Road, Hyderabad or some other place which the Chairman may specify in this behalf, the Chelan or the demand draft obtained to cover the earnest money deposit shall be enclosed to the application.
3. Persons who have applied in response to the previous notifications and were not allotted plots and who have not withdrawn the earnest money need not pay the deposit again. They should however furnish relevant particulars along with the applications in the proforma under instruction 8(b).
4. A Person cannot submit more than one application.
5. Minors cannot apply.
6. An affidavit on non judicial stamp paper of Rs.5.00 as in Form 8 shall be furnished after allotment.
7. Personal income of the applicant alone will be taken into consideration and not the income of either the Wife Husband or any other member of the family.
8. The applicant shall furnish the following particulars on a se te sheet of paper and enclose it to the application form.
(a) Particulars of the family.
Sl.No. Name of the family member, age Relationship with the applicant Occupation. (1) (2) (3) (4)
(b) If the applicant has applied for allotment previously and in case earnest money deposit is not withdrawn, the following details may be furnished.
Sl.No. Receipt No. Date and Year No. and date of demand call deposit receipt. Draft challan. (1) (2) (3) (4) (5) ----------------------------------------------------------------------------------------------------------------------------------------------------------------
9. The Board does not guarantee the allotment of plot of every applicant it reserves to itself the right to reject any application without assigning reasons.
10. Orders of allotment will be published on the notice Board of the office of the Andhra Pradesh Housing Board and also communicated individually as per the address furnished in application.
11. Number of plots notified for allotment is subject to such variations as may be found necessary by the Chairman.
12. Water and drainage mains shall belong to the Housing Board and any person authorised by the Chairman shall have the right to enter the plot to inspect, connect, alter or repair any water mains or drainage passing through the premises of the lessee.
13. The plots allotted should be occupied by the allottees themselves and should not be let out except for genuine reasons acceptable by the Chairman.
14. The applicant should enclose a certificate signed by Gazetted officer that he she does not own a plot house in his her name or in the name of his her husband wife or minor child in the Municipal Corporation of Hyderabad or the concerned Municipality.
15. The layout plans of the plot notified for allotment are also displayed at the place where drawal of lots is conducted.
OUTRIGHT SALE
APPENDIX 3A Office of the Andhra Pradesh Housing Board, Gruhakalpa Mukarramjahi Road, Hyderabad-1
FORM
FORM 3-A.
(See Rule-12)
Office of the Andhra Pradesh Housing Board, Gruhakalpa Mukarramjahi Road, Hyderabad-1
No..................... Date..................
To
Sri/ Smt....................................
....................................
Sir,
REF:- His/Her application No...............for the allotment of a plot on outright sale basis under High/Middle/Low Income Group Housing Scheme.
Allotment Letter
The plot bearing No.............of................size at ............................is alloted to him on outright sale on the basis of drawal of lots conducted on.......at.........and subject to the following conditions.
1. The allottee within a period of fifteen days from the date of receipt of the allotment letter accept the allotment in Form 4 which is enclosed. In case he does not communicate the acceptance of allotment within the time specified in this allotment letter it shall be deemed that he has accepted the allotment. If at a later date he seeks cancellation or refuses the allotment the earnest money deposit shall be forfeited..
2. He shall deposit with this office a sum of Rs....................towards cost of the plot in the extension counter of the State Bank of Hyderabad situated in Gruhakalpa M.J. Road, Hyderabad or through Bank draft in favour of the Secretary, Andhra Pradesh Housing Board, and also execute an agreement for sale in Form 5 within Thirty days from the receipt of the allotment letter as required in Rule 14.
Yours faithfully
for Chairman.
APPENDIX 3B Office of the Andhra Pradesh Housing Board, Gruhakalpa, M.J. Raod, Hyderabad-1.
FORM
FORM 3-B (See Rule-12)
50% of the Estimated Cost price as first hire purchase deposit.
Office of the Andhra Pradesh Housing Board, Gruhakalpa, M.J. Raod, Hyderabad-1.
Dated.........................
No.............................
To
Sri/Smt.....................................
.....................................
Sir,
REF:- His/Her application No.......................for allotment of a plot on hire purchase system, under High/Middle/Low Income Group Housing Board.
Allotment Letter
The plot bearing No..........................of.............................size at............................is allotted to him her on hire purchase on the basis of drawal of lots conducted on........................at.................... and subject to the following conditions
1. The allottee shall within a period of fifteen days from the date of receipt of the allotment letter accept the allotment in Form 4 which is enclosed. In case the allottee does not communicate the acceptance of allotment within the time it shall be deemed that he has accepted the allotment. If at a later date he seeks cancellation or refuses the allotment, the earnest money deposit shall be forfeited.
2. The allottee shall deposit with this office a sum of Rs.......... towards 50 of the cost of the plot in the Extension counter of the State Bank of Hyderabad. Gruhakalpa, M.J. Road, Hyderabad or through demand draft in favour of the Secretary; A.P. Housing Board, and execute a lease cum sale agreement in Form 6 within thirty days from the date of receipt of this allotment letter.
3. The allottee shall furnish an affidavit in Form 8 on non judicial stamp paper of Rs.5-00 along with lease cum sale agreement which also shall be executed on non judicial stamp paper prescribed for agreement.
4. The allottee shall be bound by the Andhra Pradesh Housing Board Act Regulations thereunder for the time being in force.
5. The allottee shall pay equated instalments towards value of the plot as stipulated in the rules and lease cum sale agreement and obtain a duly registered conveyance after observing all the conditions.
6. Possession of the plot shall be given after lease cum sale agreement is duly executed.
7. The allottee shall accept any revision in the cost of the plot intimated by the Chairman.
8. The allottee shall furnish a nomination in Form 9 in favour of any member of his family,so however that the allottee shall be at liberty to change the nomination at any time before the conveyance of ownership of the plot in his name.
Yours faithfully,
for Chairman.
APPENDIX 3C Office of the Andhra Pradesh Housing Board, "Gruhakalpa" M.J.Road, Hyderabad-500 001
FORM
FORM 3-C (See Rule-12)
20% of the Estimated Cost price as first hire purchase deposit.
Office of the Andhra Pradesh Housing Board, "Gruhakalpa" M.J.Road, Hyderabad-500 001
Dated................................
No...............................
To
Sri/Smt...................................
...................................
Sir,
REF: His/Her application No..............for allotment of a plot on hire purchase system, High Middle Low Income group Economically weaker section housing scheme.
ALLOTMENT LETTER
The plot No.............of............size at...............is allotted to him her on hire purchase system on the basis of drawal of lots conducted on..........at.............and subject to the following conditions.
1. The allottee shall within a period of fifteen days from the date of receipt of the allotment letter accept this allotment in Form 4 which is enclosed. In case the allottee does not communicate the acceptance of allotment within the time it shall be deemed that he shall accepted the allotment. If at a later date he seeks cancellation or refuses the allotment, the earnest money deposit shall be forfeited.
2. The allottee shall deposit with this office a sum of Rs........towards 20% of the cost of the plot in the Extension Counter of the State Bank of Hyderabad, Gruhakalpa, Mukarramjahi Road, Hyderabad or through demand draft in favour of the Secretary. Andhra Pradesh Housing Board, and execute a lease cum sale agreement in Form 6 within thirty days from the date of receipt of allotment letter.
3. The allottee shall furnish an affidavit in Form 8 on non judicial stamp paper of Rs.5.00 before execution of lease cum sale agreement which also shall be executed on non judicial stamp paper prescribed for agreement.
4. The allottee shall be bound by the Andhra Pradesh Housing Board Act, Rules and Regulations thereunder for the time being in force.
5. The allottee shall pay equated instalments towards value of the house as stipulated in the regulations and lease cum sale agreement and obtain a duly registered conveyance after observing all the conditions.
6. Possession of the plot shall be given after lease cum sale agreement is duly executed.
7. The allottee shall accept any revision in the cost of the plot intimated by the Chairman.
8. The allottee shall furnish a nomination in Form 9 in favour of any member of his family, so however that the allottee shall be a liberty to change the nomination at any time before the conveyance of the ownership of the plot in his name.
Yours faithfully,
for Chairman.
APPENDIX 4 Acceptance Letter
FORM
FORM-4
(See Rule-13)
Acceptance Letter
To The Chairman, Andhra Pradesh Housing Board, "Gruhakalpa" M.J. Road, Hyderabad-1. Sir,
With reference to your allotment letter No..........dated.......I have to inform you that I accept the allotment of the plot on the terms and conditions mentioned therein and will take possession of the plot after duly complying with the same. I further undertake to abide by the provisions of the Andhra Pradesh Housing Board Act, 1956 and rules made thereunder. This acceptance letter is sent to you unequivocally and without any reservation or any complaint on my part in respect of the said plot.
Station:
Dated............19
Yours faithfully,
Applicant.
APPENDIX 5 Agreement for sale
FORM
FORM-5
(See Rule-14)
Agreement for sale
This deed of agreement for sale executed at.........this.....day of ..........................................
Between the A.P. Housing Board, a body corporate constituted under the provisions of the A.P. Housing Board Act 1956, hereinafter called the Act and represented by its Chairman or his delegatee having the office at Hyderabad, hereinafter referred to as the owner (which term shall wherever the context so permits mean and include its successors in interest and assignees) of the one part.
And
Sri....................son/daughter/wife of.............residing at..................hereinafter called the purchaser (which term shall wherever the context so permits mean and include his her heirs executors, administrators, legal representatives and assignees) of the other part.
Whereas the purchaser has applied to the owner for allotment on outright sale of plot developed under the High Middle Low Income Group Housing Scheme by the A.P. Housing Board.
And Whereas the owner has agreed to allot the plot on out right sale in all that piece and parcel of the land more particularly described in the Schedule hereto and hereinafter referred to as the property to the purchaser on terms and conditions hereinafter mentioned;
And Whereas the owner has further agreed to sell the property to the purchaser on the terms and conditions hereinafter mentioned. Now this indenture witnesseth as follows:
1. On the purchaser paying the full cost and other amounts if any payable by him under this indenture, the owner shall convey the property to the purchaser by executing a conveyance deed subject to the condition that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this indenture and that the charges to wards stamp duty and registration for conveyance of the property shall be borne by the purchaser.
2. The purchaser agrees to pay the Board any amount that may be found as payable by him at the time fixing the cost of the plot subsequently within five years from the date of this indenture.
3. The purchaser has paid the cost in full payable under these rules to the owner and the same is hereby acknowledged by the owner.
4. In all matters of doubt concerning and in respect of this indenture the decision of the Chairman shall be final and binding on the purchaser.
5. In witness whereof Sri.....................Secretary, on behalf of and by the order and direction of Chairman and Sri/Smt......................purchaser have hereunto set their hands.
Signature of the Owner
In the presence of witness.
(1)
(2)
Signature of the Purchaser
In the presence of witness.
(1)
(2)
SCHEDULE
(Description of the Property)
Plot No.............of....................Size situated at....... as per the plan appended and bounded by.
East:
West:
North:
South:
Signature of the Owner.
In the presence of witnesses:
(1)
(2)
Signature of the Purchaser.
In the presence of witnesses:
(1)
(2)
APPENDIX 6 Lease Cum Sale Agreement
FORM
FORM-6
(See Rule-14)
Lease Cum Sale Agreement
This Deed of lease cum sale agreement executed at............ this..................day of..................
Between the Andhra Pradesh Housing Board, a body corporate, constituted under the provisions of the Andhra Pradesh Housing Board Act, 1956, hereinafter called the Act and represented by its Chairman or his delegatee, having the Office at Hyderabad hereinafter referred to as the owner which term shall whoever the context so permits mean and include its (successors in interest and assignees) of the one part:
And
Sir..........son daughter wife of.........residing at.......... hereinafter called the Lessee (which term shall wherever the context so permits mean and include his her heirs, executors, administrators, legal representatives and assignees) of the other part.
Whereas the Lessee has applied to the owner for allotment of plot under HIG/MIG/LIG/EWS by the Andhra Pradesh Housing Board; and
And Whereas the owner has agreed to allot the plot on hire purchase system in all that piece and parcel of the land more particularly described in the Schedule hereto and hereinafter referred to as "the property" to the Lessee on terms and conditions hereinafter mentioned; and
Whereas the owner has further agreed to sell the property to the Lessee on the terms and conditions hereinafter mentioned;
Now this indenture witnesseth as follows:
1. Until such time as the owner conveys the property to the Lessee as hereinafter stipulated or until such time as the Lease is determined by the owner as hereinafter provided, the Leese shall occupy the property as Lessee on terms and conditions hereinafter mentioned and the lease shall commence as and from the date of this indenture.
2. The Lessee shall pay all rates, taxes, cesses and other outgoings payable in respect of the property to the Government, State or Central and any Local Body or Local Authority.
3. The Lessee shall pay all charges for consumption of water and electricity on the property.
4. The Lessee shall pay all charges for replacement or repair of any sittings relating to water supply, drainage or electricity on the property.
5. It is expressly agreed between the parties hereto that the Lessors not the owner of the property that he shall have no right either to sell or to mortgage or otherwise dispose of the property and that the Lessee shall not be entitled to claim title thereto until the cost thereof, as finally determined and other amounts payable by the Lessee have been paid and the property is conveyed in the name of the Lessee.
6. On the execution of this indenture the owner shall permit the Lessee to construct a building on the property. The Lessee shall obtain the necessary licence from the Municipal Corporation of Hyderabad or the concerned local authority for the construction of building. The Lessee shall construct only one building on the plot and the plot cannot be sub divided.
7. The Lessee shall not keep the plot vacant indefinitely and he shall construct a building for which purpose the plot is allotted, within a period of two years from the date of taking possession of the plot.
8. The property shall not be put to any use except as residential quarter except with the consent in writing of the owner.
9. The Chairman or any person authorised by him under the Act shall have the right to enter, inspect, connect, alter or repair, any water mains or drainage passing through the property and the Lessee shall render assistance and facilities and furnish such information as may be required by the person inspecting the property for the purposes of the rules.
10. The Lessee shall abide by the rules in force or which may thereafter be enforced from time to time.
11. If there is any contravention by the Lessee of any of the terms express or implied under this agreement or under the said rules, it shall be lawful to evict the Lessee and thereupon this agreement shall stand determined and the amount paid by him shall stand forfeited to the owner.
12. Until such time as the Chairman finally determines the cost, the Lessee shall pay to the owner a sum of Rs.....per annum as instalment towards the balance of the cost of the property after deducting the 50%/20% of the cost as the case may be, already paid on....such payments being made on or before...........every year and the first instalment shall be payable on or before......
13. The instalments ultimately fixed by the owner of the cost has been finally determined by the Chairman shall be deemed to have become payable from the date of this indenture and any difference between the earlier instalments towards the cost already paid by the Lessee and the amount payable as instalments, under this clause shall be paid on demand by the Lessee, to the owner and if the payment of earlier instalments is in excess of the instalments finally fixed, the excess will be adjusted in the subsequent instalments after fixation thereof.
14. The Owner agrees to sell subject to the provisions of the Rules, the property to the Lessee after expiry of five years from the date of this indenture on payment of cost as finally fixed.
15. The Lessee shall pay to the owner the cost after deducting the 50%/20% of the cost already paid by him in annual instalments for a period of........................years.............
Provided that the Lessee shall be at liberty to pay to the Board at any time before the expiry of the said period the balance of the cost due in one lumpsum and get the property transferred in his name subject to the condition that the property shall not be transferred in the name of the lessee until expiry of five years from the date of this indenture and that the charges towards stamp duty, registration fee and other incidental charges for conveyance of the property shall be borne by the Lessee. when the balance of the cost is paid before the expiry of the aforesaid stipulated period the amount of cost to be paid be revised suitably by the Chairman by reducing the quantum of interest to be paid with reference to the period within which the final payment of the cost is made.
16. The Lessee hereby agrees to pay any increase in the cost as has been fixed by the Chairman arising out of the increase in compensation of land which is to be decided hereafter. Such payment shall be proportional amount of such increase in compensation the corpus of which be fixed by Chairman which will be final and binding on the Lessee. The amount thus fixed by the Chairman shall be paid by the Lessee within one month of the demand, made. The Lessee shall have the option to pay such amount in equated instalments, spread over number of years as may be fixed by the Chairman.
17. The Lessee hereby further agrees to pay an increase in the cost as has been fixed by the Chairman. Such payment shall be a proportional amount of such increase the corpus which will be fixed by the Chairman, which will be final and binding on the Lessee. The amount thus fixed by the Chairman shall be paid by the Lessee within one month of the demand made. The Lessee shall have the option to pay such amount in equated instalments spread over number of years as may be fixed by the Chairman.
18. Without prejudice to anything contained in this agreement the Lessee shall pay to the owner penal interest at 1 1/2 times the interest fixed by the Board on outstanding instalments of principal and interest.
19. The Lessee shall make full and regular payment of all the dues that are required to be paid by him in pursuance of these presents or any documents that imposes any monetary obligation on the Lessee and if any such payment is delayed he shall be liable to pay penal interest at the rate specified in Clause 18. In case of default of payment of dues, the Lessee shall be liable to be evicted under the procedure laid down in Chapter VI of the Andhra Pradesh Housing Board Act, 1956 for effecting the eviction and for recovery of all outstanding dues of the owner which are as aforesaid payable by him and thus recoverable under the said Chapter of the said Act.
20. On the Lessee paying the instalments sale price and other amounts, if any, payable by the Lessee under this indenture and the Lessee duly performing the terms and conditions of this agreement and on such payments and performance only, the owner shall convey property to the Lessee by executing a conveyance deed.
21. The Lessee shall in no case assign, relinquish, mortgage, sublet, transfer or part with the possession of any portion or the whole of the said property or cause any sub division thereof, and if the Lessee for cause beyond his control wants to transfer relinquish or assign lessee s interest in the said property, it shall be the responsibility of the Lessee to satisfy the owner that there is no intention of money making in such transaction by the Lessee and that there are compelling reasons for such transaction by the Lessee who will be put to tremendous hardship if the permission is refused and after full enquiry the owner may give written permission with or without condition only after full satisfaction or may refuse permission in writing for such transaction, and owner s decision in this regard shall be final and binding on the Lessee and every such transfer, assignment of the whole or part of the said property shall be only the reminder of the terms of this tenenacy and the permitted transferee or assignee, as the case may be, shall be bound by all the terms and conditions herein contained and be answerable to the owner in all respects therefor, provided that the amount of instalment shall be refixed by the owner so that the sale price of the property together with interest thereon shall be recovered within the remainder of the term of the hire purchase period provided always that no such assignment, relinquishment or transfer shall be valid or permissible wherever the assignee or the transferee is a person who does not fulfil the requirements of eligibility as provided in the rules and or the scheme under which the said property has been created provided always that the Lessee or his successors in office, as the case may be shall deliver at his own expenses to the owner at his office the attested copy of the permitted assignment, relinquishment or transfer,as the case may be together with the notice, thereof, within a month of the date of such deed which shall have been duly registered by it under the Indian Registration Act or any other amending statute.
22. If there shall have been on enquiry after hearing the party concerned in the opinion of the owner (whose decision shall be final and binding any mis statement or any concealment of material facts by the Lessee in the application given by him in the prescribed form or in his replies during the scrutiny of his application it shall be lawful to evict the Lessee and thereupon this agreement shall stand determined and the hire purchase deposit paid by him shall stand forfeited to the owner.
23. The Lessee has paid the 50%/20% of the estimated cost price payable under the rules to the owner on.........and the sum is hereby acknowledged by the owner.
24. In all matters of doubt concerning and in respect of this indenture the decision of the Chairman shall be final and binding on the Lessee and any default by the Lessee thereof shall be deemed to be breach of terms of this indenture.
25. The owner hereby agrees that the Lessee making all payment due from him accordance with the present and performing and observing all the conditions herein contained shall peacefully hold and enjoy as a tenant the said term except for any lawful interruption or disturbance by the owner or any person lawfully claiming under it.
In witness whereof Sri............Secretary Estate Officer on behalf of and by the order and direction of Chairman and Sri/Smt...............Lessee have hereunto set their hands.
Signature of the Owner.
In the presence of witnesses:
(1)
(2)
Signature of the Lessee.
In the presence of witnesses
(1)
(2)
APPENDIX 6B Description of the Property
FORM
FORM 3-B
SCHEDULE
Description of the Property
Plot No...........of...........size situated at...............as per the plan appended and bounded by.
East:
West:
North:
South:
Signature of the Owner.
In the presence of witnesses:
(1)
(2)
Signature of the Lessee.
In the presence of witnesses.
(1)
(2)
APPENDIX 7 Handing over Letter
FORM-
FORM-7
(See Rule 14)
Handing over Letter
Office of the
Andhra Pradesh Housing Board,
Hyderabad, A.P.
To
Sri/Smt.........................................
.........................................
Sir,
Whereas Plot No..........of..........size at........... was allotted to you vide allotment letter.............. and whereas you have complied with the conditions set out in the allotment letter, you are requested to present yourself before ........................who is authorised to handover possession to you of the Plot No................. of.................size at....................in the morning at site on any working day.
You are requested to give receipt to the above mentioned Officer in the accompanying form.
Yours Faithfully,
for Chairman
RECEIPT BY THE LESSEE PURCHASER TO BEGIVEN THROUGH THE OFFICER HANDINGOVER THE PROPERTY IN PURSUANCE OF THE HANDING OVER LETTER
From Allottee Sri/Smtof Plot No. of Size located at
To,
The Chairman, Andhra Pradesh Housing Board, "Gruhakalpa" Mukarramjahi Road Hyderabad 500004.
Sir,
I have duly takenover possession on .................. through ........ Engineer of your Board at........of Plot No................... of size, located at ...................
Dated:
Place:
Yours Faithfully,
APPENDIX 8 Affidavit
FORM
FORM-8
Affidavit
(Please see 6 of instruction to applicant) on non judicial stamp paper of Rs.5 00).
I,.......... son/daughter/Wife of .................... occupation do hereby solemnly affirm on oath and state as follows.
1. I am the allottee of Plot No.......... of size at and all the facts mentioned in my application are correct to the best of may knowledge.
2. I hereby further declare that I or may Wife/Husband Minor children do not own a house plot
3. I hereby further declare that I or my Wife/Husband, or minor children was not allotted a house plot already.
I hereby further declare that the Income particulars as given in may application are correct and that I have no income sources other than those given below.
Serial No. Source Acutal Income perannum in rupees. (1) (2) (3) 1. Profession, 2. Income from immovable property(a) Lands together with S.No.................. area and the village in which they are located.(b) Houses with name of the village/town/City in which they are located. 3. Other Sources. --------------------------------------------------------------------------------
5. I do hereby further state that any Officer of the Andhra Pradesh Housing Board authorised in this behalf is entitled to take necessary action for cancellation of allotment and for prosecution if the contents of the application, agreement etc., are found to be incorrect.
Signature of the Deponent
The deponent, name above, who is well acquainted with English has read and signed the affidavit.
To the person, who is not acquainted with English the affidavit was read in Telugu Urdu Hindi after which he she signed affixed the thumb impression.
Executed before me this............................................day of..........................................................
Executive Magistrate, or
Notary of the Public
APPENDIX 9 FORM
FORM
FORM-9
(See para 8 of allotment letter)
I................Son Daughter Wife of...............allottee of Plot No...........Size....at.........on hire purchase system, hereby nominate my (relationship).......name............aged..... years and whose address is..............as the person to whom the said plot shall be transferred in the event of my death.
Signed ..........................at......................................................this................................day of..........................................
Signature of the hire purchase allottee.
Witnesses:
Signature:
Full Name.
Designation.
Address.
REGULATION:
ANDHRA PRADESH HOUSING BOARD (SELF FINANCING HOUSING SCHEME) REGULATIONS, 1975
In exercise of the powers conferred by Section 71 of Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956), the Andhra Pradesh Housing Board with the previous sanction of the Government hereby makes the following Regulations, namely:
Regulation 1
(a) These Regulations may be called the Andhra Pradesh Housing Board (Self Financing Housing Scheme) Regulations 1975.
(b) They shall come into force at once.
(c) They shall apply to Self Financing Housing Scheme taken up by the Andhra Pradesh Housing Board.
Regulation 2 Definitions
(1) In these Regulations, unless the context otherwise requires :
(a) " Act" means the Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956).
(b) "Allottee" means the person selected by the Board to participate in the self Financing Housing Scheme for construction of flat house on advance payment under Regulation 10 and for whom a flat house is assigned under Regulation 25 and includes his legal heirs established by an affidavit executed by the legal heir on stamped paper (non judicial) of Rs. 5-00 duly verified by the Magistrate (the Deputy Collector having competent Jurisdiction) or by a Civil Court Decree where the Chairman deems such decree necessary declaring him the heir of the deceased allottee against the person disputing the fact or a nominee who is a member of his family.
(c) "Allotment" means selection of a person to participate in the self Financing Housing Scheme for construction of Flat house by Board on advance payment basis under Regulation 10 and assignment of flat house under Regulation 25.
(d) "Applicant" means a person applying to the Board under these regulations.
(e) "Estimated Cost" means the estimated cost price of a flat house fixed by the Chairman under Regulation 23.
(f) "Family" means family of the allottee consisting of husband, wife and minor children, shall include parents, sisters, brothers and other children who are ordinarily living with the allottee as dependents.
(g) "Form" means a form appended to those Regulations.
(h) "Government" means the Government of Andhra Pradesh.
(i) " House" means a dwelling unit whether detached, semidetached of part to a row, which can be allotted as a unit along with its land under these Regulations and shall also include a flat.
(j) "Income means the aggregate income regularly derived by the applicant from his occupation, trade, business or employment or any calling or source consisting normal means of livelihood.
(k) "Final cost" of flat house means the final cost as may be fixed by the Chairman under Regulation 24.
(l)"Flat" means a portion of a building which can be delineated with a definite outline on plan and which can be marked on site and which is a dwelling unit and can be allotted as such under these Regulations.
(m) "Scheme" means of Self Financing Housing Scheme in which Andhra Pradesh Housing Board undertaken construction of flat house on interest free advance payment basis.
(n) Selection means selection of a person under regulation 13 to participate in the scheme.
(2) Words used in these Regulations but not defined shall have the same meaning as assigned to them in the Act.
(3) The Board may subject to the provisions of these Regulations select a person to participate in the Scheme.
(4)
(1) Whenever the Board has formed an extension of lay out for construction of multi storeyed building or independent houses in pursuance of any scheme, it may issue notice inviting applications from such of the persons who wish to make advance payment of the estimated cost of the flat house to be constructed for them by the Housing Board.
(2) The notice under Sub Regulation {1} shall specify :
(i) the location of flat house.
(ii) the number and size of flat house for High Income Group Middle Income Group and Low Income Group respectively.
(iii) the design of flat house which Housing Board undertake to construct under High Income Group Middle Income Group Low Income Group types respectively.
(iv) the estimated cost of flat house under High Income Group Middle Income Group respectively.
(v) the last date for submission of application.
(vi) the amount to be paid in advance for High Income Group Middle Income Group Low Income Group respectively, which shall be equal to 10% of the estimated cost of the flat house, and
(vii) any other particulars which the Chairman may consider necessary.
Regulation 3
The notice shall be published in not less than three dailies having wide circulation in the State.
Regulation 4
A prospectus along with application form shall also be published which may be obtained by any person at the office of the Board or at any other place on payment of such cost as may be specified by the Chairman which is not refundable. In the prospectus, the layout plan of the area design and specification of the flat house and copy of these Regulations as well as the form of application and the agreement will be made available.
Regulation 5
Every applicant shall deposit or cause to be deposited ten percent of estimated cost of the house along with the application in cash through a challan at the Extension Counter of State Bank of Hyderabad situated in Gruhakalpa, Mukarrmajahi Road, Hyderabad or some other place which the Chairman may specify in the notice. The Chelan or demand draft to cover ten percent of the estimated cost of the flat house shall be enclosed to the application form.
Regulation 6
Application shall be presented in Form 1. The applicant shall follow instructions contained in Form 2. The application shall be accompanied by a statement containing the aggregate annual income of the applicant, the present address where the applicant and the members of his family reside. The applicant shall also send along with application of statement to the effect that he she does not own and house in his her name or in his her wife husband as the case may be or in the name of minor children.
Regulation 7
The advance payment of ten percent of the estimated cost shall be refunded to the applicant if no selection is made in his her favour.
Regulation 8
No application shall be accepted by the Chairman unless it is received on or before the date specified in the notice and the applicant furnishes the statements referred to in Regulation 6 produces evidence in support of the aggregate income indicated in the statement and makes the advance payment of ten percent of the estimated cost of the flat house as specified in the notice published under Regulation 4.
Regulation 9
On receipt of the application under Regulation 6, the Secretary shall enter each application in a register maintained for the purpose in the order in which each application is accepted and shall pass receipt to the applicant in token of having received the application.
Regulation 10
The Chairman may select the person for participation in the scheme by drawal of lots among the eligible applicants as provided for these Regulation.
Regulation 11
The Secretary shall first scrutinise and list out the eligible applications from the total number of applications received and registered before the specified date.
Regulation 12
(a) The Secretary shall have power to make enquires, call for information from any person whomsoever, demand documents and evidence in form of an affidavit or otherwise from the applicant and do any other thing which he considers necessary to scrutinise the Application.
(b) Any application which is incomplete in any respect is liable to be rejected.
Regulation 13
(a) The Chairman shall make arrangements for drawal of lots among all the eligible applicants if their number exceeds the number of flats houses notified for construction. A Notice of not less than seven days specifying the date, time and venue of the drawal of lots shall be given to all eligible applicants. Any inadvertent omission to send the notice or non receipt of notice by any applicant shall not vitiate due drawal of lots.
(b) Lots shall be drawn separately for high Income Group, Middle Income Group, Low Income Group Schemewise in the presence of such of the members of Housing Board and the eligible applicants who may be present at the time of drawal of lots.
(c) After the drawal of lots further lost may be drawn to an extent of 33 1/3% of the number of flats houses for the purpose of preparing the waiting list.
(d) The Chairman shall prepare a register and enter the names of the persons selected by drawal of lots.
Regulation 14
The list of persons as per the lots drawn up shall be published at the Office of the Board or such other place as may be specified by the Chairman.
Regulation 15
The following principles shall be observed in selecting the applicants for participation in the Scheme. No selection shall be made if the applicant :
(i) owns a house within the limits of the Municipal Corporation of Hyderabad concerned Municipality in his or her own name or in the name of his her husband wife as the case may be or in the name of minor children.
(ii)
(a) has an annual income of less than Rs. 18,00100 in case of high Income Group.
(b) has an annual income exceeding Rs. 18,000 00 or less than Rs. 7,201 00 in case of Middle Income Group.
(c) has an annual income exceeding Rs. 7,200 in case of low Income Group.
Provided that the Chairman may in his discretion for sufficient reasons relax any of the provisions of this Regulation in favour of any applicant.
Provided further that in case of High Income Group and Middle Income Group preference shall be given to applicants who make payment in foreign currency and in which case applicant shall enclose an undertaking along with application to make payments in foreign currency.
Regulation 16
After selection is finanlised the Chairman shall issue an intimation letter in Form 3, informing the allottee that he has been selected to participate in the scheme on the terms and conditions specified in the letter and asking him to call at the Office of the Andhra Pradesh Housing Board or any other place specified in the letter.
Regulation 17
(a) On receipt of an intimation letter in Form 3, the allottee shall within the period specified in the letter accept the allotment in Form 4, and shall comply with all the requirements mentioned therein, In case, the allottee does not communicate the acceptance of allotment within the specified period mentioned in the intimation letter it shall be deemed that he has accepted the allotment.
(b) If the allottee withdraws prior to the selection and also in case of non acceptance of allotment within the time specified in the intimation letter the advance payment will be refunded.
Regulation 18
The allottee shall pay 30% of the estimated cost of the house and shall execute an agreement in Form 5, on a non judicial stamp paper of value of Rs.5
provided for the agreement within thirty days from the date of receipt of intimation letter.
Regulation 19
If the the allottee fails to make the required payment and execute an agreement in Form 5 as required under Regulation 18 his allotment shall be cancelled and the advance payment will be forfeited to the Board.
Regulation 20
(1) After the required payment has been made and the agreement in Form 5 has been executed under Regulation 18 the Housing Board shall commence the construction.
(2) The Flat house shall be completed in all respect within a period of eighteen months from the date of execution of agreement in Form 5, unless circumstances beyond the control of the Board Warrant extension of the period which shall not exceed two years.
Regulation 21
(1) The Allottee shall within six months from the date of execution of agreement in Form 5, pay further 30 of the estimated cost of the flat house.
(2) The allottee shall pay within twelve months from the date of execution of agreement in Form 5 the balance 30 of the estimated cost of the flat house.
(3) It shall be in the discretion of the Vice Chairman and Housing Commissioner to grant extension of time for payment of second and third instalments for a period not exceeding three months for each of the instalments and in case of request for grant of extension beyond three months the matter shall be placed before the Board for its consideration.
Regulation 22
If the allottee fails to make the required payments as specified in sub regulation (1) or (2) of Regulation 21 of the allotment shall be cancelled (and all payments made to Housing Board upto the date of cancellation shall be forfeited to the Housings Board) and the flat house shall be re allotted to the person next in the waiting list drawn up under Clause (d) of Regulation 13 on the conditions that he ;
(a) makes payment of the amount equal, to the amount already paid by the former allottee;
(b) make payment of the amount due from the former allottee.
(c) undertakes to make the subsequent payments as per these regulations and.
(d) executes an agreement to comply with these regulations.
Regulation 22A
Notwithstanding anything contained in Regulations 19 and 22, the Vice-Chairman and Housing Commissioner shall be competent to:
(i) refund the E.M.D. (Advance payment) in full without any deduction to the applicants who are in waiting list.
(ii) refund in full the E.F.D. deposited by the allottees in respect of applicantts who have refused the allotment within the time prescribed in the allotment letters.
(iii) deduct in case of- High income group -- a sum of Rs.2000/- Middle income group -- a sum of Rs.1,000/- Low income group -- a sum of Rs. 200/- E.W.S. -- a sum of Rs.100/- or two percent of the amounts paid whichever is more in case the allottee either fails to pay the instalments in time or requests for refund of the amounts paid by him.
Regulation 23
(1) The estimated cost of flat house shall comprise of :
(i) The cost of land ;
(ii) the cost of development which shall include external amenities such as laying of water supply mains, drainage main, street lights and formation of roads provision of dust proof Surfacing;
(iii) the cost of civil works ;
(iv) the cost of internal amenities such as water supply and electricity ;
(v) supervision charges on construction and provision of amenities etc. ; at such rate as the Board may fix from time to time.
(2) Notwithstanding anything contained in the notice inviting applications or the agreement executed by the allottee if after receipt of final bills for construction of flat house or after final determination of the cost of land and development of land or for expenditure incurred for supervision, the Chairman considers necessary to review the estimated cost already specified in the notice or arrangement he may do so and determine the final cost of the house after intimating the same do so and determine the final cost of house after intimating the same to the allottee who shall be bound by such determined and shall pay the differences if any between the final cost as determined and the estimated cost already fixed.
Provided that it shall be open to the Vice-Chairman and Housing Commissioner, A.P. Housing Board to call upon the allottee, through a notice to pay a particular amount over and above the initial deposit or instalment already paid or payable to meet the escalation in the cost price (either due to increase in the cost, labour or material etc., or due to delay in execution of the scheme or even otherwise) pending the determination of the final cost price before a particular date specified in the notice. The Vice-Chairman and Housing Commissioner shall have the discretion to issue any such notice, at any time either during the execution or after the completion of the scheme. Any failure to pay the amount specified in the notice shall entail cancellation of the allotement and resumption of the premises
(3) The final determination of the cost should be done within two years from the date of execution of agreement under Regulation 20. The said period may, however, be extended by the Government in the case of such of the houses where final cost cannot be fixed within two years because the matter relating to land compensation or the payment of final bills to the Contractors are pending in the court.
Regulation 24
The Final cost of the house shall comprise of:
(a) the estimated cost as fixed under sub regulation (1) of Regulation 23 :
(b) enhanced amount if any sub regulation (2) of Regulation 23 ;
(c) contingencies at such rates as may be fixed by the Board ;
(d) incidental charges at such rates ;
(e) in case final cost is more than the estimated cost interest on difference of final cost and estimated cost to be calculated from the date of last payment made under sub regulation (2) of Regulation 21 at such rates as may be fixed by the Board.
Regulation 25
(1) After the flat house is completed and ready for occupation, the Chairman shall :
(a) assign the flat house by drawal of lots from among the participants selected under Regulation 10.
(b) Intimate the allottee to pay the difference if any between the estimated cost and final cost and to take possession.
(2)
(a) for the purpose of para (a) of sub regulation I the Chairman shall make arrangements for drawal of lots among the participants. A notice of not less than seven days specifying the date, time and venue of the drawal of lots shall be given to all participants. Any inadvertant omission to send the notice or non receipt of notice by any participant shall not vitiate the due drawal of lots.
(b) Lots shall be drawn in respect of each participant and the number of flat house which has been drawn by lots against that participant shall be recorded.
(3) On payment of the difference of cost under sub regulation (1) If any ;
(a) Possession of the flat house shall be given to the allottee and a letter in Form 6 shall be issued to the allottee for receiving the possession ; and
(b) the flat house shall be transferred in the name of the allottee by duly executing a conveyance deed. The expenses on account of stamp duty, registration fee and other incidental charges shall be borne by the allottee.
Nothing contained in sub-regulation (3) shall prevent the Government Servant, who is an allottee to mortgage the said house/flat in favour of Central Government/State Government, Life Insurance Corporation of India or any loan advancing institution as the case may be, immediately on payment of last instalment and after assignment of the house in his/her favour under sub-regulation (1) even before the transfer of house in his/her name and before taking possession flat/house subject however to the prior permission of the Chairman of the Housing Board. In case the final cost has not been finally determined, the Government Servant shall give an undertaking to pay the A.P. Housing Board excess amount after determination of the final cost of the flat/house and with the interest thereon calculated at the rate specified in Regulation 24(e) and shall pay either a sum of Rs.3,000/- in cash or furnish a bank guarantee to the extent of Rs.3000/- besides furnishing security from two permanent employees of the same department of equal or higher status, where the allottee is employed, in support of the undertaking.
APPENDIX 1 Instructions to the Applicant
FORM
FORM-2 (See Regulation 6)
Instructions to the Applicant
1. The application form duly filled together with the required certificates shall be presented in person or sent by registered post, so as to reach the Secretary, Andhra Pradesh Housing Board, within the date and time specified in the notice. Applications received after the last date stipulated will be rejected.
2. The percent of the estimated cost of the house shall be deposited in cash through a challan at the extension counter of State Bank of Hyderabad situated at Gruhakalpa, Mukarrmjahi Road, Hyderabad or some other place which the Chairman may specify in this behalf. The challan or demand draft or the receipt obtained to cover ten percent of the estimated cost shall be enclosed to the application.
3. A person cannot submit more than one application.
4. Minors cannot apply.
5. An affidavit on non judicial stamp paper of Rs. 5 as in Form 7 shall be furnished after allotment.
6. Personal income of the applicant alone will be taken into consideration and not the income of either the wife husband or any other member of the family.
7. The applicant shall furnish the following particulars on a separate sheet of paper and enclose it to the application form.
(a) Particulars of the family :
SL.No. Name of the family member Relationship with the applicant Age Occupation 1. 2.
8. The Board does not guarantee the allotment to every applicant. It reserves itself the right to reject any application without assigning reasons.
9. Orders of allotment will be published on the notice Board Office of the Andhra Pradesh Housing Board and also communicated individually as per the address furnished in the application.
10. Size and number of plots notified for allotment is subject to such variation as may be found necessary by the Chairman.
11. The applicant should enclose a certificate signed by Gazetted Officer that he she does not own a house in his name of in the name of his her husband wife or minor Children husband wife or minor children.
APPENDIX 2 Office of the Andhra Pradesh Housing Board Gruhakalpa, Mukarrmjahi Road, Hyderabad-1
FORM
FORM 3 (See Regulation 16)
Office of the Andhra Pradesh Housing Board Gruhakalpa, Mukarrmjahi Road, Hyderabad-1
No.
Sri/Smt. .................................
.................................
.................................
Ref : His/Her application No......................for participation in Self Financing Housing Scheme for construction of a High Income Group/Middle Income Group. Low Income Group Houses.
INTIMATION LETTER
Sri/Smt........................has been selected to participate in Self Financing Housing Scheme on the basis of drawal of lots conducted on ................and subject to the following conditions.
1. The High Income Group Middle Income Group Low Income Group Flat House at.......................locality, will be constructed for the allottee.
2. He She shall within a period of fifteen days from the date of receipt of this intimation letter accept the allotment in From 4 which is enclosed. In case he she does not communicate the acceptance of allotment within the time specified in this intimation letter, it shall be deemed that he she has accepted the allotment. If at a later date he she seeks cancellation or refuses the allotment the advance payment will be forfeited to the Board.
3. He She shall deposit with this office a sum of Rs..........................towards Thirty percent estimated cost price of the house in the Extension Counter of the State Bank of Hyderabad, situated in Gruhakalpa, Mukarrmajahi Road, Hyderabad or in any place specified by the Chairman and also execute and agreement for sale of Form 5 within (30) days from the date of receipt of the intimation letter as required in Regulation 78.
Yours faithfully.
for CHAIRMAN.
APPENDIX 3 Acceptance Letter
FORM
FORM-4
(See Regulation 17)
Acceptance Letter
To
The Chairman, Andhra Pradesh Housing Board, Hyderabad-500001
Sir,
With reference to your intimation letter No...................dated ..........................I have to inform you that I accept the allotment of the terms and conditions mentioned these in. I further undertake to abide by the provisions of the Andhra Pradesh Housing Board Act, 1956 Rules and Regulations made thereunder or such other additions that may be made thereon from time to time. This acceptance letter is sent to you unequivocally and without any reservation or any complaint on my part in respect of the said allotment.
Station:
Date:
Yours faithfully,
Applicant.
APPENDIX 4 Agreement for sale
FORM
FORM-5
(See Regulation 18)
Agreement for sale
This deed of agreement for sale executed at............... this ............... day of ......................
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of the Andhra Pradesh Housing Board Act, 1956, hereinafter called the Act and be presented by its Chairman or his delegate having the Office at Hyderabad hereinafter referred to as owner (which terms shall wherever the context so permits means and includes its successors in interest and assignees) of one part :
and
............................. Son/daughter/wife of ............................ residing at ....................... hereinafter called the purchaser (which terms shall wherever the context so permits means and includes his her heirs, executors administrators, legal representatives and assignees) of the other part.
Whereas the purchaser has applied to the owner for selection to participate in Andhra Pradesh Housing Board self Financing Scheme for construction of H.I.G./M.I.G./L.I.G. houses/flat on advance payment basis.
Whereas the owner has selected the purchaser to participate in the said scheme and whereas the estimate cost of the house flat is Rs.......................................
Whereas the purchaser has already paid forty percent of the estimated cost of the house flat (ten percent on..........and thirty percent on.............) and the sum is hereby acknowledged by the owner.
Whereas the owner has undertaken to construct a H.I.G./M.I.G./L.I.G. house flat ...............at.........locality for the purchaser on terms and conditions mentioned. Now this indenture witnesseth as follows.
1. The purchaser has agreed to pay 30 of the estimated cost price of the Flat house within six months from the date of execution of this indenture and also to pay the balance of 30 of the estimated cost of the flat house within twelve months from the date of this indenture.
2. The purchaser agrees to pay to the Board the difference between the estimated cost and final cost.
3. On the purchaser paying the full estimated cost price and other amounts if any payable by him under this indenture, the owner shall convey the flat house to the purchaser by executing a conveyance deed and that charges towards stamp duty and registration for conveyance of the property shall be borne by the purchaser.
4. In all matters of doubt concerning and in respect of this indenture the decision of the Chairman shall be final and binding on the purchaser.
In witness whereof Sri ............ Secretary on behalf of and by the order and direction and Sri ................... purchaser have hereunto set their hands.
Signature of the owner
In the presence of witnesses
1.
2.
Signature of the Purchaser
In the presence of witnesses :
1.
2.
APPENDIX 5 Handing over Letter OFFICE OF THE ANDHRA PRADESH HOUSING BOARD
FORM
FORM-6 (See Regulation 25 (2)]
Handing over Letter
OFFICE OF THE ANDHRA PRADESH HOUSING BOARD
"Gruhakalpa" Mukarramjahi Road, Hyderabad
To
Sri .....................
.....................
Sir,
Whereas you have complied with the conditions setout in the agreement. And whereas flat house number .............. is completed and ready for occupation.
You are requested to present yourself before .......... who is authorised to hand over possession of House Flat No ......... Design ...................Locality to you in the morning at site on any working day.
You are requested to give receipt to the above mentioned Officer in the accompanying form.
Yours faithfully.
for CHAIRMAN.
Date : Receipt by the purchaser to be given through the Officer handing over the property in pursuance of the handing over letter.
From :-
Allottee Sri/Smt.............................. of House Flat No. ...................... Located ...................
To
The Chairman, A.P. Housing Board, Hyderabad-5000 001.
Sir,
I have duly taken over possession on ............. through .................. Engineer of your Board at .................. of house/Flat No. .................... Located at ..........................
Dated : Yours faithfully,
Place:
APPENDIX 6 Affidavit
FORM
FORM-7
Affidavit
(Please see para 5 of of Instructions to applicant)
(On non-judicial stamp of Rs. 5-00)
I,...................S/D/ of ..................... Occupation ................... do hereby solemnly affirm on oath and state as follows:
1. I am the allottee under A.P. Housing Board Self Financing Housing Scheme. All the facts mentioned in my application are correct to the best of my knowledge.
2. I hereby further declare that I or my wife husband minor children, do not own a house.
3. I hereby further declare that I, or my wife husband minor children was not allotted a house on hire purchase already, Nor my wife husband or minor children have ever participated in any A.P. Housing Board Self Financing Housing Scheme.
4. I hereby further declare that the income particulars as given in my application are correct and that I have no income from sources other than those given below:
Sl.No. SOURCE Actual income perannum in rupees 1. Profession. 2. Income from immoveable property. (a) Lands together with S.No._______ area and the villagein Which hey are located.(b) Houses with name of the village are located. 3. Other sources.
5. I do hereby further state that any Officer of the Andhra Pradesh Housing Board authorised in this behalf is entitled to take necessary action for cancellation of allotment and for prosecution, if the contents of the application, agreement, etc., are found to be incorrect.
DEPONENT.
I, deponent named above who is well acquainted with English has read and signed the affidavit.
To the person who is not acquainted with English the affidavit was read in Telugu Urdu Hindi after which he she signed affixed the thumb impression.
Executed before me this ............ day ....... of
EXECUTIVE MAGISTRATE OF NOTARY OF THE PUBLIC
ANDHRA PRADESH HOUSING BOARD (ALLOTMENT, MANAGEMENT AND SALE OF MIDDLE INCOME GROUP HOUSES) REGULATIONS, 1975
In exercise of the powers conferred by Section 71 of Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956) the Andhra Pradesh Housing Board, with the previous sanction of the Government, hereby makes the following regulations, namely
Regulation 1
(a) These regulations may be called the Andhra Pradesh Housing Board (Allotment, Management and Sale of Middle Income Group Houses) Regulations 1975.
(b) The Regulations shall come in to force at once.
(2) (1) These regulations shallapply to the allotment and sale of houses and flats constructed by the Andhra Pradesh Housing Board under Middle Income Group Housing Schemes, with the following sources namely:
(2)
(a) These Regulations shall also apply to the allotment and sale of houses and flats constructed under any of the following schemes on such terms and conditions as may be specified by Government by an order, the mode of allotment of houses constructed under such schemes, shall notwithstanding anything contained in this regulations also specified therein.
(i) other special housing schemes for Middle Income Group entrusted to the Board by Government for execution, for the exclusive benefit of members of a Cooperative Society of Government employees or group of employees of Institutions corporations or companies, and
(ii) any other Middle Income Group Heasing Scheme entrusted to the Board and approved for the purpose of these regulations by the Government by an order.
(b) No scheme under clause (a) shall be taken up by the Housing Board unless the land on which the houses are proposed to be constructed is transferred in favour of Andhra Pradesh Housing Board through a registered conveyance deed.
Regulation 2
These regulations shall also apply to allotment and sale of houses and flats constructed under
(i) other special Housing Schemes for Middle Income Groups executed by the Housing Board for exclusive benefit of members of a cooperative society of Government Employees or groups of Employees of Institutions, Corporations, or Companies, and
(ii) any other Middle Income Group Housing Scheme entrusted to the Board and approved for the purpose of these regulations by the Government.
Regulation 3 Definitions
(1) In these regulations unless the context otherwise requires :
(a) "Act" means the Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956);
(b) "Allottee" means the person to whom a house is allotted under these regulations and includes his legal heirs established by a certificate issued by a competent revenue authority not below the rank of an executive Magistrate or by A Civil Court Decree where the Chairman deems such decree necessary declaring him the heir of the deceased allottee against the person disputing the fact or a nominee who is a member of his family;
(c) "Allotment" means Chairman allotment of a house under these regulations;
(d) "Applicant" means a person applying to the Board for allotment of a house under these regulations;
(e) "Estimated Cost Price" means the estimated cost price of a house fixed by the Chairman under Regulation 23;
(f) "Family" means a family of the allottee consisting of husband, wife and minor children and shall include parents, sister brothers and other children as are ordinarily living with the allottee as dependents;
(g) "Flat" means a portion of a building which can be delineated with definite outline on plan and which can be definitely marked on site and which is a dwelling unit and can be allotted as such under these regulations;
(h) "Form" means a form appended to these regulations;
(i) "Government" means the Government of Andhra Pradesh;
(j) "House" means a dwelling unit whether detached semi detached or part of a row, which can be allotted as a unit along with its land under these regulations and shall also include a flat;
(k) "Hire Purchase Deposit" means non interest bearing advance payment made by the applicant in a lumpsum or in instalments for securing by hire purchase a house under a scheme on terms and conditions set out for the purpose.
(l) "Hire purchase system" means a system in which a participant takes steps to secure rights in a property under any scheme referred to in Regulation (2) by payment of hire purchase deposit and also a specified number of equated instalments, spread over a period of specified number of years during which he remains a tenant on terms and conditions set out for that purpose and on the expiry of the said period and after complying with other terms and conditions under these regulations ceases to be a tenant and becomes an owner or payment of all dues;
(m) Income means the aggregate income regularly derived by the applicant from his occupation, trade business or employment or any calling or source, constituting normal means of livelihood;
(n) Instalment means annual instalment as payable by an allottee under this regulations;
(o) Sale price means the sale price of house as may be fixed by the Chairman under Regulation 24;
(p) Scheme means a Middle Income Group Housing Scheme referred to in Regulation 2.
(2) Words used in these regulation but not defined shall have the same meaning as assigned to them in Andhra Pradesh Housing Board Act, 1956 (XI of 1956).
Regulation 4
(1) The Board may subject to the provisions of these regulations allot houses to persons who agree to purchase them in accordance with these regulations.
(2) The disposal of the houses shall be effected either by allotment on out right sale or hire purchase system in the manner provided in these Regulations.
Regulation 5
(1) The Board for the purpose of allotment of house shall issue a notice published in the manner specified in sub regulations (2) for inviting applications before a date specified therein.
(i) for registration of name for allotment in case the construction of house has yet to be taken up under a scheme; or
(ii) for allotment of house constructed by the Board under a scheme referred to in Regulation (2).
(2)
(a) Notwithstanding anything contained in these regulations the Board may also specify the form of application in respect of a category referred in Sub regulation (1) (i) and fix the fee for registering the application. The allotment of house for that category, shall be by drawal of lots from such of the applicants only, who have already got their names registered and any reference in regulations shall mean a reference to the applicants who had already registered their names and the fee for registration shall be treated as earnest money deposit for the purpose of these regulations.
(b) The notice shall specify the location of house available for allotment either on hire Purchase system or outright sale, the estimated cost price of the house the class of persons including person serving in the Defendence Services and those belonging to Scheduled Castes and Scheduled Tribes for whom the number of houses in the referred to in Regulation 2 is reserved the amount payable as earnest money as provided schemes in regulation 6 the last date for submission of application and such other particulars as the chairman may consider necessary. The notice shall also state the amount of initial payment:
Provided that the last date for submission of application by Defence personnel shall be one month later than the date fixed for other applicants.
(c) The notice shall be published in not less than three daily news papers published in the main languages, i.e., English, Telugu and Urdu having wide circulation in the State.
(d) A prospectus in English, Telugu or Urdu along with application form shall also be published which may be obtained by any person at the Office of the board or any other place on payment of such cost as may be specified by the Chairman which is not refundable in which the layout plan of the area, design and specification of the house and copy of these regulations as well as the form of application and the agreement are made available.
Regulation 5A
(1)
(a) Notwithstanding anything contained in these regulations, it shall also be open to the Board to select the applicants who have registered their names under Sub regulation (1) (i) of Regulation 5 for participation in the manner determined in clause(b) for such places as may be specified by the Board;
(b) Lots shall be drawn in the manner specified in Regulation 16 among such of the eligible applicants who have registered their names under sub regulation (1)(i) of Regulation 5 for participation in the scheme to the extent of the number of houses to be constructed under the scheme, keeping in view the reservation set out in the Regulation 12.
(c) After the drawal of lots under Clause (b) further lots may be drawn of an extent of 33/1/3% of the number of houses to be constructed under a particular scheme.
(2) Those applicants who have come out successfully in the lots shall within a period of one months from the date of receipt of intimation letter (which shall be issued in Form 3 and hereinafter called in these regulation as intimation letter) shall pay to the Housing Board 10% of the estimated cost of the house another 10% of the estimated cost of the house within 5 months from the date of receipt of intimation letter and further 10% of the estimated cost of the house within 9 months from the date of receipt of the intimation letter.
Provided that the Vice Chairman and Housing Commissioner may in his discretion grant extension of time normally subject to a maximum period of six months or in the cases where advances are applied for from the Departments or their employer, to the extent necessary, for the payment of 30% cost subject however to payment of penal interest at one and a half times the rate of normal interest on the delayed payments.
(3) The balance 70% of the estimated cost of the house shall be paid in equated instalments spread over a period specified by the Board under Sub regulation (3) of Regulation 24.
(4) After the flat house is completed and ready for occupation the chairman shall:
(a) assign the flat house by dawal of lots from among the participants selected under sub regulation (1).
(b) intimate the allottee to make payments as specified in Regulation 22 and execute lease cum sale agreement as specified therein.
(5) The allotment made under Sub regulation (4) shall be deemed to be an allotment under these regulations.
Regulation 5B Notwithstanding anything contained in Regulation 5A (2), the Board shall be competent to collect 30% of the estimated cost in respect of houses whose construction is completed as follows, namely
(i) 10% of the estimated cost within 30 days from the date of receipt of the allotment letter.
(ii) Another 10% of the estimated cost within 2 months from the date of receipt of the above referred intimation letter.
(iii) Further instalment of 10% of the estimated cost of the house within 30 days from the date of receipt of the letter intimating the allottee that the house is fit for occupation and offering possession of the same.
Regulation 6
Every applicant shall deposit or cause to be deposited an earnest money amount equivalent to 10% of the notified cost of the house/flat applied for in cash through a challan at the extension counter of the State Bank of Hyderabad situated in Gruhakalpa, Mukarramjahi Road, Hyderabad, or some other place which the Chairman may specify in notice. The earnest money can also be remitted by means of a Demand Draft in favour of the Secretary, Andhra Pradesh Housing Board; Mukarramjahi Road, Hyderabad obtained from any schedule Bank in Andhra Pradesh. The Challan or Demand Draft obtained to cover up the earnest money may be enclosed to the application form. The earnest money as so deposited shall be adjusted towards the first instalment
Regulation 7
Application for allotment shall be presented in Form 1-A, 1-B and 1-C as the case may be. The applicant shall follow the instructions contained in form 2. The application shall be accompanied by a statement containing the names of family members, the aggregate annual income of the applicant, the present address where the applicant and the members of his family reside. The applicant shall also send along with the application a statement to the effect that he does not own a house or plot within the limits of the concerned Municipality. in his name or in the name of his wife or minor children.
Regulation 8
The earnest money shall be refunded to the applicant if no allotment is made in his favour.
Regulation 9
No application shall be accepted by the Chairman or any officer authorised by him in that behalf unless it is received on or before the date specified in the notice and the applicant furnished the statement referred to in Regulation 7 produces evidence in support of the aggregate income icated in the statement and pays the earnest money as provided in the notice published under Regulation 5.
Regulation 10
On receipt of the application under Regulation 7 the Secretary shall enter each application in a register maintained for the purpose, in the order in which each application is accepted and shall pass receipt to the applicant in token of having received the application.
Regulation 11
(1) The Chairman, or any officer authorised by him in that behalf may select the applicant for allotment of house advertised by drawing lots as provided by Regulation 12. The decision of the Chairman shall be final.
(2) Notwithstanding anything contained in these regulations, the Chairman may, in special and deserving cases, recommend to the Government which shall be supported by a resolution of the Board for allotment of certain houses constructed under the scheme referred to in Sub regulation (1) of Regulation 2 in favour of the occupants of the house which were demolished for purpose of development of housing schemes in the lands acquired from them including their old houses. The decision of the Government is final in such matters and any allotment done based on Government orders shall be deemed to be an allotment under this regulation.
Regulation 12
(a) The following principles may be observed, while making the allotment of houses by drawal of lots among the eligible applicants for a particular design of house in any particular locality.
(i) Twenty percent of the houses be earmarked for outright sale;
(ii) Fifteen percent of the houses be earmarked for allotment on hire purchase system to those who deposit 50% of the estimated cost price, as initial deposit;
(iii) Sixty Five percent of the houses be earmarked for allotment on hire purchase system to those who deposit 20% of the estimated cost price as initial deposit. If there is no response to categories (i) (ii) above, all the houses shall be coverted and sold on hire purchase system to those who deposit 20% of the estimated cost price.
(b) 5% of the houses offered for sale either by hire purchase outright sale shall be reserved for defence Personnel and allotted by lots in the following orders of priority.
(i) Widows or other dependents of Defence and B.S.F.personnel who have been killed in action;
(ii) Disabled Service and B.S.F. personnel who are invalidated and out of service;
(iii) Gallentary Award winners of the Defence and B.S.F. Forces
(iv) Ex-service B.S.F. personnel.and
(v) Serving Defence and B.S.F. personnel
(c) 18% of the houses offered for sale either by hire purchase or outright sale shall be reserved for allotment by lots among Scheduled Castes and Scheduled Tribes in ration 14:4;
(d) 5% of the houses offered for sale either by hire purchase or outright sale shall be reserved for : MLAS MLCS and numbers of Parliament of Andhra Pradesh and allotted by deraults of lots.
(e) 10% of the houses offered for sale either by hire purchases or alright shall be reserved for allotment by drawal of lots amounts. State Government servants, and such of the retired Government servants who have retired on or after 1-4-1976 including Employees of semi Government Local Bodies and other Public Institutions under the Control of the Government, in the following order of priority:.
(f) "9 percent of the houses offered for sale either by hire purchase or by out right sale shall be reserved for allotment by drawal of lots, to the applicants belonging to Backward Classes."
(ff) " 1 percent of the houses offered for sale either on hire purchase or on outright sale shall be reserved for each of the following categories of applicants: (i) Physically handicapped and (2) Freedom fighters".
(g) The remaining 51 percent shall be allotted among the remaining applicants.
Regulation 13
Houses constructed under the scheme shall be allotted only to those applicants who are eligible under the scheme:
Provided that where there are no sufficient number of applicants for the reserved tenements, the balance number of tenements so reserved shall be deemed to have been allotted to those to be allotted under clause (g).
Regulation 14
The Secretary shall first scrutinise and list out the eligible applications from the total number of the applications received and registered before the specified date.
Regulation 15
(a) The Secretary shall have power to make enquiries, call for information from any person whomsoever demand documents and evidence in form of an affidavit or otherwise from the applicant and do any other thing which he considers necessary to scrutinise the application.
(b) Any application which is incomplete in any respect is liable to be rejected.
Regulation 16
(a) The Chairman shall make arrangements for drawal of lots among all the eligible applicants. A Notice of not less than seven days, specifying the date, time and venue of the drawal of lots shall be given to all eligible applicants. Any inadvertnt omission to send the notice or non receipt of notice by any applicant, shall not viatiate due drawal of lots.
Provided that it shall be competent for the Chairman to dispense with such ividual notices being sent in case of applications received are in large number and give notice at least 7 days in advance through a notification specifying date, time, and venue of the drawal of lots in not less than three daily newspapers published in the main languages viz. Telugu, Urudu and English having wide circulation in the State and by making announcements on the All ia Radio and Television stations in the State.
(b) Lots shall be drawn se tely for houses earmarked for outright sale and for allotment on hire purchase system designwise and Localitywise in respect of each scheme in presence of such of the Members of the Housing Board and the eligible applicants who may be present at the time of drawals of laots.
(c) Lots shall be simultaneously drawn and recorded in respect of houses and applicants and the number of applicants who have succeeded in the lots shall be arranged icating the house number which has been drawn by lots against that applicant.
Provided that the V.C and H.C shall have powers to permit mutual exchange of same category of houses flats in the particular scheme in furtherance of a request for exchange made by the respective allottees.
(d) After the drawal of lots under clause (c) further lots may be drawn to an extent of 331/2% of number of houses available for allotment in respect of categories.
(e) The Chairman shall prepare an allotment register and enter the names of allottees in accordance with the record kept under clause (c) against the house allotted to the allottee.
Regulation 17
(i) Lots shall be drawn in respect of reserved quota first and the applications remaining after drawal of lots shall be added to the general pooland then the lots drawn for the general pool.
(ii) Houses set apart for reserved quota as referred in Regulation (12) and which remain surplus after allotment shall be added to the general pool.
Regulation 18
The lists as per lots drawn up shall be published at the office of the Board or such other places as may be specified by Chairman or any officer authorised by him in that behalf.
Regulation 19
The following principles shall be observed in selecting the applicants for allotments. No allotment shall be made if the applicant:
(i) owns a house any where in the Urban areas and Urban Agglomerations in the State of A.P. either in his or her own name or in the name of his her husband wife as the case may be, or in the name of his or her minor children.
(ii) has an income of Rs.1500 to 2500 per month and
(iii) has not got the requisite paying capacity:
Provided that the Chairman may in his discretion for sufficient reason relax any of the provisions of this regulation in favour of any applicant.
Regulation 20
After the allotment of house is finalised, the chairman or any officer authorised by him in that behalf shall issue an allotment letter in Form 3-A Form 3-B or Form 3-C as the case may be informing the allottee that the house is allotted to him on the terms and conditions specified in the letter and asking him to call at the office of the Housing Board or any other place specified therein and complete the formalities within the period specified in letter.
Regulation 21
On receipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellation or refuses the allotment, the earnest Money deposit shall be forfeited.
Regulation 22
(1)
(i) In case of allotment by outright sale as referred in regulation 12 (a) (i) the allottee shall pay the estimated cost in full and also execute an agreement for sale in form 5 on a non judicial stamp paper prescribed for agreements within 30 days from the date of receipt of the allotment letter.
(ii) In case of allotment under hire Purchase system as referred to in Regulation 12(a)(ii), the allottee shall pay 50 and the estimated cost and also execute lease cum sale agreement with the Board in Form 6 on non judicial stamp paper prescribed for agreements within thirty days from the date of receipt of the allotment letter.
(iii) In case of allotment on hire purchase system as referred to in Regulation 12(a)(ii), the allottee shall pay 30 of the estimated cost and also execute lease cum sale agreement with the Board in Form (6) on non judicial stamp paper prescribed for agreements within thirty days from the date of receipt of allotment letter.
(2) After the required payment as specified in Sub regulation (1) of Regulation 22 is made the required agreement in Form 5 of Form 6, as the case may be, has also been duly executed, possession of the house shall be given to the allottee and a letter in Form 7 shall be issued to the allottee for receiving possession of the house.
(3) If the allottee fails to make the required payment as specified in Regulation 22(1) and also to execute the required agreement in Form 5 or Form 6, as the case may be the allotment, shall be cancelled and the earnest money deposited by him shall be forfeited to the Board.
Provided that the Chairman may in his discretion grant extension of time for the required payment and also for execution of the agreement normally subject to a maximum period of six months or in the cases where advances applied for from the departments or their employers to the extent necessary subject, however to payment of penal interest at one and a half times the rate of normal interest on delayed payments.
Regulation 22A
Notwithstanding any thin contained in Regulations 19 and 22, the V.C. H.C shall be competent to:
i) refund the EMD (advance payment) in full without any deduction to the applicants who are in waiting list.
ii) refund in full the EMD (Advance payment) deposited by the allottees, in respect of applicants who have refused the allotment within the time prescribed in allotment letter.
iii) Deduct in the case of HIG a sum of Rs.2,000/- MIG a sum of Rs.1,000/- LIG a sum of Rs. 200/- EWS a sum of Rs. 100/- Or 2% of the amounts paid whichever is more in case the allottee either fails to pay instalment or instalments in time, or requests for the refund of the amounts paid by him.
Regulation 23
(1) The estimated cost price of a house shall comprise of -
(i) The cost of land.
(ii) the cost of development which shall include external amenities such as formation of roads, provision of dust proof surfacing, open space, parks play grounds, etc., and laying of mains for water supply, drainage and electricity and places for community use, etc.
(iii) The cost of civil works.
(iv) The cost of internal amenities such as water supply drainage and electricity.
(v) Supervision charges on construction and provision of amenities etc., at such rates as the Board may fix from time to time; and
(vi) Interest at such rate and for such period as may be fixed by Board on the total of clauses (i) to (iv) from the date of drawal of loan for construction of the house.
(2) Notwithstanding anything contained in the notices inviting application or the agreement executed by the allottee, if after receipt of final bills for the construction houses or payment of interest on the amount of loans taken for construction of such houses or after final determination of the cost of land, and development of land or for expenditure incurred for supervision the Chairman or any officer authorised by him in that behalf considers it necessary to revise the estimated cost price, already specified in the notice or agreement, he may do so and determine the final cost price payable on allotment and all allottees in relation to the houses aforesaid shall be bound by such determination and they shall pay the difference if any between the final cost price as determined and the price paid by them including price paid in lumpsum.
Provided that it shall be open to the Vice Chairman and Housing Commissioner, Andhra Pradesh Housing Board to call upon the allottee, through a notice to pay a particular amount, over and above the initial deposit or instalments already paid or payable to meet the escalation in the cost and price (either due to increase in the cost labour or materials etc. or due to delay in the execution of the scheme or even otherwise) pending the determination of final cost price before a particular date specified in the notice. The vice Chairman and Housing Commissioner shall have the discretion to issue, any such notice, at any time either during the execution or after the completion of the scheme. Any failure to pay the amount specified in the notice shall entail cancellation of the allotment resumption of the premises".
(3) The final fixation of sale price should be done within two years from the date of allotment of the house. The said period may however be extended by Government in the case of such of the houses whose final cost cannot be fixed within two years prescribed because the matters relating to land compensation to the payment of final bills to the Contractors are pending in the Court.
Regulation 24
(1) In case of allotment by outright sale referred to Regulation 12(a) (ii) the sale price shall comprise of the estimated cost price enhance amount if any under Regulation 23(2).
(2) In case of allotment of hire purchase system the sale price comprise of:
(i) 50% of the estimated cost price in case of allotment under Regulation 12(a)
(ii) or 20% of the estimated cost price in case of allotment under Regulation 12
(a)
(i) as the case may be; and
(ii) the balance of 50% or 70% of the estimated cost price together with interest thereon at such rates as may be fixed by the Board calculated for the period specified by the Board and enhanced amount if any under Regulation 23(2).
(iii) contingencies at such rate as may be fixed by the Board; and
(iv) incidental charges at such rates as may be fixed by the Board from time to time.
(3) Total of Sub clauses (ii),(iii) and (iv) of Sub regulation (2) shall be payable by the allottee in equated instalments spread over a period specified by the Board.
(4) The earnest money deposit paid along with the application shall be adjusted towards 50% or 20% of the estimated cost under Regulation 22.
Regulation 25
In consonance with these regulations and in pursuance of the provisions of lease cum sale agreement in Form 6 on taking possession of the house, the responsibility for the maintenance and keeping in good condition of the house and the services shall rest with the allottee. In case the allottee fails to maintain and keep the house in good conditions the maintenance shall be done by the Board at expense of allottee.
Regulation 26
In consonance with the regulations and in pursuance of provisions of the lease cum sale agreement in Form 6 all rates, taxes, charges assessment other levies of what so ever shall be paid directly by the allottee.
Regulation 27
(1)On payment of sale price as finally fixed, the house shall be transferred in the name of the allottee or any member in his family on a request made in writing by the allottee inciting the compelling reasons therefore and on acceptance of such request by the chairman by executing a conveyance deed.
provided that such members of the allottee family is otherwise eligible for allotment of house under these regulations, On such transfer being effected the transfer shall not be eligible for allotment of a house. The expenses on account of stamp duty, registration fee and any other incidental charges shall be borne by the allottee.
Provided that no such transfer shall be affected till the lapse of five years from the date of giving possession of the house to the allottee.
(2)
(i) Nothing contained in Sub regulation (1) shall prevent the Government servant, who has been allotted a house to mortgage the said houses in favour of the Central Government, State Government, Life Insurance Corporation of ia or any loan advancing institutions, as the case may be, immediately on payment of provisional sale price of the allotted house, even before the transfer of the house in his name and before the expiry of five years from the date of taking possession of the house, subject however, with the prior permission of the vice Chairman and Housing Commissioner of the Housing Board.
(ii) In case the sale price has not been finally determined the allottee shall give (a) an undertaking to pay to the Housing Board such excess amount as may be determined towards the final cost in terms of sub regulation (2) of Regulation 23(b) shall deposit in cash such amount as may be fixed by the Chief Executive to meet the excess demand that may become payable after determination of final cost and (c) also furnish security from two permanent employees of the Institution of equal or higher status where the allottee is employed.
(3) In case of allotment on hire purchase system the allottee shall remain a tenant of the Board, till such time as the house is conveyed in the name of the allottee and shall have no other right except that of a tenant.
Regulation 28
Where there are no applications or in case where the Housing Board is not able to get adequate number of applications for allotment in any locality other than the cities of Hyderabad, Secunderabad in response to a notification issued under the said regulations, all such houses shall be renotified for a second time and if still no applications or adequate number of applications for all the renotified houses are received such houses and also such of the houses in respect of which the allottees fails to complete in the formalities required under the said regulations on allotment and take possession of the houses may with the previous approval of the Government be allotted to any other dispensing with the procedure prescribed in the said regulations subject to such terms and conditions as the Government may impose.
Regulation 29
The provisions contained in these regulations shall mutatis muandis apply to allotment of flats, provided that the lease cum sale agreement shall be executed by the allottee in Form 8.
Regulation 30
The Regulations governing the allotment and sale of houses constructed under the Middle income Group Housing Schemes formulated by the Government of ia, which are now in force shall with effect from the date of coming into force of these Regulation cease to apply to any allotment and sale made hereafter in respect of houses and flats constructed by the Andhra pradesh Housing Board under the Middle Group Housing Scheme referred to in Regulation 2.
APPENDIX 1A FORM
FORM
FORM I-A (See Regulation 7 )
Application form for the allotment of a House Flat on outright sale constructed under Middle Law Income Group Housing Scheme referred to in Regulation 2.
To
The Vice Chairman Housing Commissioner, Andhra Pradesh Housing Board, "Gruhakalpa", Mukarramjahi Road, Hyderabad 500 001 (A.P.)
Sir,
I request you to allot me a house flat constructed under M.I.G. L.I.G. Housing Scheme, the design and locality in which it is situated are icated below:
Name of the locality Type design
I have read the regulations relating to the allotment of house by the Board and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclosed Challan No............Dated..........19...... .in token of having deposited the required earnest money of Rs.....
1. Full name of the applicant:
(in block letters)
2. Father Husband name:
(in block letters)
3. Full Address:
(in block letters)
(i) Present:
(ii) Permanent:
4. Date of birth age supported by authenticated documents. Persons whose date of birth is not recorded shall enclose age Certificate obtained from any Gazetted Officer.
5. Occupation.
6. Whether the applicant already owns a house in his name or in the name of his wife or husband or in the name of minor child. If not a Certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories mentioned in Regulation 12, and if so a Certificate to that effect from the concerned authority icating the category shall be enclosed to the application.
8. Annual Income of the applicant and sources of such income.
(a) Profession or Occupation.
(b) Rent of property, Viz., mulgies, shops etc,
(c) From lands.
9. I hereby declare that the information given by me in the above application is true and correct and if it is later on noticed to be false or untrue, my application under reference and all other applications if any should be treated as cancelled and if I have been successful in getting a house on the basis of false or untrue information the allotment may be treated as void ab initio.
Signature of the applicant.
Date...........19.....
Address: (in block letters) Assistant Estate Officer.
APPENDIX 1B FORM
FORM
FORM I-B
(See Regulation 7)
Allotment on Hire Purchase System (Fifty percent of the Estimated Cost Price Hire Purchase Deposit)
Application form for the allotment of a House flat on Hire purchase system constructed under Middle low Income Group Housing Scheme Referred to in Regulation 2 .
To
The Vice Chairman Housing Commissioner,
Andhra Pradesh Housing Board,
"Gruhakalpa" Makkarramjahi Road,
Hyderabad 500 001 (A.P.)
Sir,
I request you to allot me a house flat constructed under M.I.G. L.I.G. Housing Scheme, the design and locality in which it is situated are icated below:-
Name of the locality Type design
I have read the regulations relating to the allotment of house by the Board and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclose a challan No..........Dated........19..........in token of having deposited the required earnest money of Rs..........
1. Full name of the applicant:
(in block letters)
2. Father Husband name:
(in block letters)
3. Full address:
(in block letters)
(i) Present.
(ii) Permanent.
4. Date of birth age supported by authenticated documents. Persons whose date of birth is not recorded shall enclose age Certificate obtained from any Gazetted Officer.
5. Occupation.
6. Whether the applicant already owns a house in his name or in the name of his wife or husband or in the name of minor child. If not a Certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories, mentioned in Regulation 12, and if so a Certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
8. Annual Income of the applicant and sources of such income.
(a) Profession or Occupation
(b) Rent of property, Viz., mulgies, shops, etc.,
(c) From lands.
9. I hereby declare that the information given by me in the above application is true and correct and if it is later on noticed to be false or untrue, my application under reference and all other applications, if any, should be treated as cancelled and if I have been successful in getting a house on the basis of false or untrue information the allotment may be treated as void abinitio.
Signature of the applicant
Date..............19
Address:[in block letters] Assistant Estate Officer.
APPENDIX 1C FORM
FORM
FORM I-C
(See Regulation 7)
Allotment Hire Purchase System (Twenty per cent of the Estimated Cost Price Hire Purchase Deposit)
Application form for the Allotment of House Flat on hire purchase System constructed under Middle Low Income Group Housing Scheme Referred to in Regulation 2.
To
The Vice Chairman Housing Commissioner, Andhra Pradesh Housing Board, "Gruhakalpa" Mukarramjahi Road, Hyderabad 500 001 (A.P.)
Sir,
I request you to allot me a House Flat constructed under M.I.G. L.I.G. Housing Scheme, the design and locality in which it is situated are below:
Name of the locality Type of Design
I have read the regulations relating to the allotment of house by the Board and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclose a challan No.........Dated.......19.....in token of having deposited the required earnest money of Rs...........
1. Full name of the applicant:
(in block letters)
2. Father Husband name:
(in block letters)
3. Full address:
(in block letters)
(i) Present.
(ii) Permanent.
4. Date of birth age supported by authenticated documents. Persons whose date of birth is not recorded shall enclose age certificate obtained from any Gazetted Officer.
5. Occupation.
6. Whether the applicant already owns a house in his name or in the name of his wife or husband or in the name of minor child. If not a Certificate to that effect from a Gazette Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories mentioned in Regulation 12, and if so a Certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
8. Annual Income of the applicant and sources of such income.
(a) Profession or Occupation.
(b) Rent of property, Viz., mulgies, shops etc.,
(c) From lands.
9. I hereby declare that the information given by me in the above application is true and correct and if it is later on noticed to be false or untrue, my application under reference and all other applications, if any should be treated as cancelled and if I have been successful in getting a house on the basis of false or untrue information the allotment may be treated as void abinitio.
Signature of the applicant.
Dated..........19........
Address: [in block letters] Assistant Estate Officer.
APPENDIX 2 Instructions to the Applicant
FORM
FORM 2 (See Regulation 7)
Instructions to the Applicant
1. The application form duly filled together with the required certificates, shall be presented in person or sent by registered post so as to reach the Secretary, Andhra Pradesh Housing Board, within the date and time specified in the notice. Applications received after the last date stipulated, will be rejected. The Certificates such as Income, No House will not be accepted after the due date.
2. The Earnest Money shall be deposited in cash through a Special Challan at the Extension Counter of State Bank of Hyderabad, situated at Gruhakalpa, Mukarramjahi Road, Hyderabad or in any Branch of State Bank of Hyderabad situated in Twin Cities of Hyderabad and Secunderabad, and the same shall be enclosed to the application.
3. A person cannot submit more than one application.
4. Minors cannot apply.
5. An Agreement and Affidavit on Non Judicial stamp paper of Rs.5 00 each as in form 9/8 shall be furnished after allotment.
6. Personal Income of the applicant alone will be taken into consideration and not the Income of either the Wife Husband or any other member of the family.
7. The applicant shall furnish the following particulars on a set sheet of paper and enclose it to the application form.
Particulars of the family.
SlNo Name of the family members Age Relationship with the applicant Occupation
8. The Board does not guarantee the allotment of a house to every applicant it reserves to itself the right to reject any application without assigning reasons.
9. Orders of allotment will be published on the Notice Board of the Officer of the Andhra Pradesh Housing Board and also communicated ividually as per the address furnished in the application.
10. Number of houses notified for allotment is subject to such variations as may be found necessary by the Vice Chairman and Housing Commissioner.
11. Water and drainage mains shall belong to the Housing Board and any person authorised by the Vice Chairman and Housing Commissioner shall have the right to enter the premises to inspect, connect alter or repair any water mains or drainage passing through the premises of the Lessee.
12. The Houses allotted should be occupied by the allottees themselves and should not be let out except for genuine reasons acceptable by the Vice Chairman and Housing Commissioner.
13. The applicant should enclose a Certificate signed by Gazette Officer that he she does not own a house in his her name or in the name of his her husband wife or minor child.
14. The layout plans of the houses notified for allotment are also displayed at the place where drawal of lots is conducted.
15. The percentage of reservations of houses flats, in different Categories, is as follows:-
Sl.No Category of Houses Legislators of A.P Defence& B.S.F personnel S.C. S.T. B.C. G.S. P.H. F.F. 1. H.I.G. 5% 5% 14% 4% 9% 10% 1% 1% 2. M.I.G. 5% 5% 14% 4% 9% 10% 1% 1% 3. L.I.G. -- 2% 14% 4% 15% 10% 2% 2% 4. E.W.S. -- 4% 14% 4% 18% 5% 2% 2 %
16. The Income Limit is as follows; per annum
1. H.I.G. above Rs. 18,000./-
2. M.I.G. above Rs.7,200 to 18,000./-
3. L.I.G. Not exceeding Rs. 7,200./-
4. E.W.S. Not exceeding Rs.4,200./-
17. Application forms purchased and submitted in respect of 100% , 50% and 20% payment, will be considered in that Category only.
18. (a)[x x x ]
(b) For allotment of houses in all categories, under Defence preference will be given in the order of:
(i) Widows or other dependents of Defence and border security Force personnel who have been killed in action.
(ii) Disabled Service and B.S.F., personnel who are invalidated and out of Service.
(iii) Es. Servicemen Ex B.S.F. personnel,
(iv) Serving Defence B.S.F. Personnel.
(c) For allotment of houses in all Categories, under Government Servant, preference will be given.
(d) Retired State Government Servant on or after 1 4 1976.
(e) Serving State Government Servants.
19. The Provisions of relevant Regulations for allotment, management and Sale of H.I.G., M.I.G., L.I.G., and E.W.S. houses flats constructed by the A.P. Housing Board shall apply in all matters relating to the houses flats in the above scheme. By Regd. Post with Ack Due.
OUTRIGHT SALE
APPENDIX 3A FORM
FORM
FORM 3-A (See Regulation 20)
Office of the Andhra Pradesh Housing Board GRUHAKALPA, Mukarramjahi Road, Hyderabad NoE/198Dated: /198.
To
Sri/Smt/Kum...............
...........................................
...........................................
Allotment Letter
Ref : His her application No...........for the allotment of a House Flat on Outright sale Basis under Middle Low Income Group Housing Scheme.
The Middle/Low Income Group House Flat bearing No.......... design.......................... at..................is allotted to him her on Outright Sale on the basis of lots conducted on....... at.........................and subject to the following conditions :
1. On receipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellation or refused and allotment the earnest money deposit shall be forfeited.
2. He She shall deposit with this office a sum of Rs..........towards estimated cost price in the extension counter of the State Bank of Hyderabad situated in "Gruhakalpa" Mukarramjahi Road, Hyderabad or through Demand Draft in favour of the Secretary, Andhra Pradesh Housing Board and also execute an Agreement for sale as per proforma enclosed duly affixing adhesive stamp of Rs. 5 00 on top of the first page, within (30) days from the date of receipt of the allotment letter as required in regulation (22).
3. The allottee shall remit sum of Rs.7 50 towards the cost of a set of printed form of agreement for sale etc,. through challan along with the initial deposit.
Yours faithfully,
for Vice Chairman.
By Regd. Post with Ack Due
20% 50% of the estimated Cost
Price Hire Purchase Deposit.
APPENDIX 3B Office of the Andhra Pradesh Housing Board
FORM
FORM 3-C (See Regulation 20)
Office of the Andhra Pradesh Housing Board GRUHAKALPA, Mukarramjahi Road, Hyderabad No/E/198. Dated 198.
To
Sri/Smt.........................
...............................
...............................
Sir Madam,
Ref : His Her application No...........for allotment of a house flat on hire Purchase system H.I.G./M.I.G./L.I.G./E.W.S. Housing Scheme.
Allotment Letter
The House Flat No.........at............Design............is allotted to him her on hire purchase system on the basis of drawal of lots conducted on..............at.............and subject to the following conditions.
(1) On receipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellation or refuses the allotment, the Earnest Money Deposit shall be forfeited.
(2) The allottee shall deposit with this Office a sum of Rs...........by a challan towards 50% 20% of the estimated cost price of the house flat in the extension counter of the State Bank of Hyderabad, Gruhakalpa, Mukarramjahi Raod, Hyderabad or through demand draft in favour of the Secretary, A.P. Housing Board and execute a Agreement for sale in form 6/7 within Thirty Days from the date of receipt of allotment letter.
(3)The allottee shall execute Agreement for sale as per proforma enclosed duly affixing adhesive stamp of Rs.5 00 on the top of the first page and shall remit a sum of Rs. 7-50 towards the cost of a set of printed form of agreement for sale etc. through Challan along with the initial deposit.
(4) Till such time as the house is conveyed in the name of allottee, the responsibility for the maintenance and keeping in good condition of the house flat and the service shall rest with the allottee.
(5) The allottee shall be bound by the Andhra Pradesh Housing Board Act. Rules and Regulations hereunder for the time being enforce.
(6) The allottee shall pay equated instalments towards value of the house flat as stipulated in the regulations and agreement for sale and obtain a duly registered conveyance after observing all the conditions.
(7) Possession of the house flat shall be given after Agreement for sale is duly executed.
(8) The allottee shall accept any alteration in the value of the house flat intimated by the Vice Chairman.
(9) The allottee shall furnish a nomination in Form 10 in favour of any member of his her family, however, the allottee shall be at liberty to change the nomination at any time before the conveyance of the ownership of the house flat in his her name.
Yours Faithfully.
For Vice Chairman
Andhra Pradesh
Housing Board
(Out right sale)
APPENDIX 4 Agreement for Sale
FORM
FORM 5
(See Regulation 22(1)(i))
Agreement for Sale
This Deed of Agreement for sale executed at Hyderabad this ________________________ day of _______________ 198.
Between the Andhra Pradesh Housing Board, a body corporate constituted under the Provisions of the Andhra Pradesh Housing Board Act 1956, herein after called the Act and represented by its Chairman or his delegatee having the office at Hyderabad hereinafter referred to as the owner (which term shall wherever the context to permits means and includes its successors in interest and assigns) of the one part.
AND
Sri/Smt/Kum __________ D/W of ____________ residing at___________________________ hereinafter called the purchaser (which term shall wherever the context so permits means includes her his heirs, executors, administrators, legal representatives and assignees) of the other part.
Whereas the purchaser has applied to the owner for allotment on Outright sale of house flat constructed under HIG/MIG/LIG housing scheme referred to in Regulation 2 by the Andhra Pradesh Housing Board.
Whereas the owner has agreed to allot the house on outright sale in all that piece and parcel of the land more particularly described in the schedule hereunder and which together with the building and fittings thereon is hereinafter referred to as "The Property" to the purchaser on terms and conditions hereinafter mentioned; and
Whereas the owner has further agreed to sell the property to the purchaser on the terms and conditions hereinafter mentioned. Now this ure Witnesseth as follows:
1. On the purchaser paying the full estimated cost price and other amounts, if any, payable by her him under this ure the owner shall convey the property to t he purchaser by executing a conveyance deed subject to the condition that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this ure and that the charges towards stampduty and registration fee for conveyance of the property shall be bone by the purchaser.
2. The purchaser agrees to pay to the Board any amount that may be found as payable by him her at the time of fixing the sale price of the house flat subsequently within five years from the date of this ure.
3. The purchaser has paid the estimated cost price in full payable under the regulations to the owner and this sum is hereby acknowledged by the owner.
4. In all matters of doubt concerning and in respect of this indenture the decision of the Chairman shall be final and binding on the purchaser.
5. In witness here of Sri ____________Secretary on behalf of and by the order and direction of Chairman and Sri/Smt _____________________________________ purchaser have hereunto set their hands.
Signature of the Owner.
In the presence of witnesses:
1.
2.
In the presence of witnesses:
1.
2.
Signature of purchaser
SCHEDULE
Description of the Property
H.I.G./M.I.G/L.I.G./E.W.S., house/flat No...........Design....... situated at..............as per the plan appended and bounded by :
East:
West:
North:
South:
Signature of the Owner.
In the presence of witnesses:
1.
2.
Signature of the Lessee.
In the presence of witnesses:
1.
2.
Andhra Pradesh
Housing Board
APPENDIX 5 Agreement for Sale of Independent House
FORM
FORM-6 (See Rule 22)
Agreement for Sale of Independent House
This deed of Agreement executed at ____________ this ______________ day of _____________
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of the Andhra Pradesh Housing Board Act 1956, hereinafter called the Act and represented by its Chairman or his delegatee, having the office at Hyderabad hereinafter referred to as the owner (which term shall wherever the context so permits means and includes its successors in interest and assignees) of the one part.
AND
Sri/Smt/Kum _________ S/W/D/O ___________ residing at hereinafter called the purchaser (which term shall wherever the context so permits means and includes his her heirs, executors, administrators; legal representatives and assignees) of the other part.
Whereas the purchaser has applied to the owner for allotment of house constructed under HIG/MIG/LIG/EWS Housing Scheme by the Andhra Pradesh Housing Board and.
Whereas the owner has agreed to allot the house in all the piece and parcel of the land more particularly described in the schedule hereto and hereinafter referred to as "The property" to the purchaser on terms and conditions hereinafter mentioned, and
Whereas the owner has further agreed to sell the property to the purchaser on terms and conditions hereinafter mentioned Now this ure witnesseth as follows:
1. Until such time as the owner conveys the property to the purchaser as hereinafter stipulated or until such time as this agreement is determined by the owner as hereinafter provided, the purchaser is permitted to be in possession of the property on terms and conditions hereinafter mentioned and the date of occupation of the property by the purchaser shall be deemed to have commenced as and from the date of this ure.
2. The purchaser shall pay all rates, taxes, cesses and other outgoing payable in respect of property to the Government, State or Central and any local body or local authority.
3. The purchaser shall pay all charges for consumption of water and Electricity for the property.
4. The purchaser shall pay all charges for replacement or repairs of any fitting relating to water supply drainage or electricity on the property.
5. It is expressly agreed between the parties hereto that the purchaser is not the owner of the property that he she shall have no right either to sell or mortgage or otherwise dispose of the property and that the purchaser shall not be entitled to claim title thereto until the sale price thereof, as finally determined and other amounts payable by the purchaser to the owner have been paid and the property is conveyed in the name of the purchaser.
6. The purchaser shall not make or permit to be made any alterations or additions to the said property without the previous permission in writing of the owner and except in accordance with the terms for such permission and the plans approved by the owner. In case of any deviation, from such permission or plans, the purchaser shall immediately upon the receipt of notice from the owner requiring him so to do; correct such deviation as aforesaid and if the purchaser neglects to correct such deviation from the plan for one calendar month after the receipt by him of such notice then it shall be lawful for the owner, to cause such deviation to be corrected at the expense of the purchaser, which expenditure the purchaser hereby agrees to reimburse by paying to the owner such amount as the owner whose decision shall be final shall fix in that behalf, provided the owner may at its discretion, refuse permission for any addition or alteration whatsoever and it decision in that behalf shall be final, provided further that any rectification under this clause by the owner shall not absolve the purchaser from any liability under these regulations or provisions of the Andhra Pradesh Housing Board Act.
6-A. Any addition or alteration done to the property by the purchaser, without the written permission of the owner, may at the discretion of the owner, be regularised on payment of a compounding fee, at the rate that may be prescribed by the owner in this regard. However, no addition or alteration that is deemed objectionable by the owner, shall be regularised and it shall be demolished by the purchaser, failing which the owner will be at liberty to get the same demolished and recover the cost thereof from the purchaser.
7. The purchaser shall maintain the property at his cost as per regulation 25.
8. The Chairman or any person authorised by him under the Act shall have the right to enter, inspect, connect alter or repair any water mains or drainage passing through the property and the purchaser shall render all assistance and facilities and furnish such information as may be required by the person inspecting the property for the purpose of the Regulations.
9. The Purchaser shall abide by the regulations in force or which may hereinafter be enforced from time to time.
10. If there is any contravention by the purchaser of any of the terms expressed or implied under this agreement or under the said Regulations it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the amounts paid by him shall stand forfeited to the owner.
11. The owner shall not be responsible for any defects, structural or otherwise in the property and the purchaser shall bound to purchase the property notwithstanding defects, if any, in construction, without any claim for compensation from the owner.
12. Until such time as the Vice Chairman and Housing Commissioner finally determines the sale price, the purchaser will pay the owner a sum of Rs............every three months as instalment towards the balance of sale price of the property after deducting the 50% ,30% ,20% of the estimated cost price, as the case may be already paid on...........and the first instalment shall be payable on or before.................
13. The instalments ultimately fixed by the owner after the cost has been finally determined by the Chairman shall be deemed to have become payable from the date of this ure and any difference between the earlier instalments towards the sale price already paid by the purchaser and the amount payable as instalments, under this clause shall be paid on demand by the purchaser to the owner and if the payment of earlier instalments is in excess of the instalments finally fixed the excess will be adjusted in the subsequent instalments after fixation thereof.
14. The owner agrees to sell subject to the provisions of the Regulations the property to the purchaser and after expiry of five years from the date of this ure on payment of sale price as finally fixed.
15. The purchaser shall pay to the owner the sale price after deducting the 50%/20% of the estimated cost price already paid by him in annual instalments for a period of................years:
Provided that the purchaser shall be at liberty to pay to the Board at any time before the expiry of the said period the balance of the sale price due in one lumpsum and get the property transferred in his name subject to the condition that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this ure and that the charges towards stamp duty, registration fee and other incidental charges for conveyance of the property shall be borne by the purchaser. When the balance of the sale price is paid before, the expiry of the aforesaid stipulated period the amount of sale price to be paid be revised suitably by the Chairman by reducing the quantum of interest to be paid with reference to the period within which the final payment of the sale price is made.
16. The purchaser hereby agrees to pay any increase in the cost price as has been fixed by the Chairman arising out of the increase in compensation of land which is to be decided hereinafter. Such payment shall be proportional amount of such increase the corpus of which will be fixed by the Chairman which will be final and being on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments, spread over such number of years as may be fixed by the Chairman.
17. The purchaser hereby further agrees to pay any increase in the estimated cost prices as been fixed by the Chairman, airsing out of this increase in contractors bills as a consequence of the contractor going to the court of law or due to the mutual settlement of the dispute between the Board and the contractor due to any other contingencies which might be decided hereinafter. Such payments shall be proportional amount of such increase the corpus of which will be fixed by the Chairman, which will be final and being on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments spread over the number of years as may be fixed by the Chairman.
18. Without prejudice to anything contained in this agreement the purchaser shall pay to the owner penal interest at 1 1/2 times the interest fixed by the Board under Regulation 23 on outstanding instalments of principal and interest.
19. The purchaser shall make full and regular payment of all the dues that are required to be paid by him in pursuance of these presents or any documents that imposed any monetary obligation on the purchaser and if any such payment is delayed he she shall be liable to pay penal interest at the rate specified in Clause 18. In case of default of payment of dues, the purchaser shall be liable to be evicted under the procedure laid down in Chapter VI of the A.P. Housing Board Act 1956 for effecting the eviction and for recovery of all outstanding dues of the owner which are as aforesaid payable by him and thus recoverable under said Chapter of the said Act.
20. On the purchaser paying instalments, sale price and other amounts, if any, payable by the purchaser under this ure and the purchaser duly performing the terms and conditions of this agreement and on such payment and performance only, the owner shall convey the property to the purchaser by executing a conveyance deed.
21. The purchaser shall in no case, assign, relinquish, mortgage, sublet; transfer or part with the possession of any portion or the whole of the said property or cause any sub division thereof, and if the purchaser for causes beyond his control wants to transfer, relinquish or assign purchaser interest in the said property, it shall be the responsibility of the purchaser to satisfy the owner that there is no intention of money making in such transaction by the purchaser, and that there are compelling reasons for such transaction by the purchaser who will be put to tremendous hardship if the permission is refused and after full enquiry the owner may give written permission with or without conditions only after full satisfaction, or may refuse permission in writing for such transaction and owner decision in this regard shall be final and binding on the purchaser and every such transfer, assignment or relinquishment of the whole or part of the said property shall be only for the remaer of the terms of this agreement and the permitted transferee or assignee, as the case may be shall be bound by all the terms conditions herein contained and be answerable to the owner in all respects therefor, provided that to the amount of instalment shall be re fixed by the owner so that the sale price of the property together with interest thereon shall be recovered within the remaer of the term of the hire purchase period provided always that no such assignment, relinquishment or transfer shall be valid or permissible wherever the assignee or the transferee is a person who does not fulfi, the requirements of eligibility as provided in these regulations and or the scheme under which the said property has been created provided always that the purchaser or his successor in Office, as the case may be shall deliver at his own expense to the owner at his office the attested copy of the deed of the permitted assignment, relinquishment or transfer as the case may be together with the notice thereof within a month of the date of such deed which shall have been duly registered by it under the ian Registration Act or any other amending statute.
22. If there shall have been an enquiry after hearing the party concerned in the opinion of the owner (whole decision shall be final and being) any mis statement or any concealment of material facts by the purchaser in the application given by him in the prescribed form or in his replies during the scrutiny of his application, it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the hire purchase deposit paid by him shall stand forfeited to the owner.
23. The purchaser had paid the 50%/20% of the estimated cost price payable under the regulation to the owner on ________ and the said sum is hereby acknowledged by the owner.
24. In all matters of doubt, concerning and in respect of this ure, the decision of the Chairman shall be final and being on the purchaser and any default by the purchaser thereof shall be deemed to be breach of terms of this indenture.
25. The owner hereby agrees that the purchaser making all payments due from him in accordance with these presents and performing and observing all the conditions herein contained shall peacefully hold and enjoy the said property during the said term except for any lawful interruption or disturbance by the owner or any person lawfully claiming under it.
In witness hereof Sri _____________ Secretary on behalf of and by the order and direction of Chairman and Sri/Smt _________________________ purchaser have hereunto set their hands.
Signature of the owner.
In the presence of witnesses:
1.
2.
Signature of the purchaser.
In the presence of witnesses:
1.
2.
SCHEDULE
Description of the Property
H.I.G./M.I.G./L.I.G./E.W.S., house flat No............Design..... situated at........................as per the plan appended and bounded by:
East:
West:
North:
South:
Signature of the Owner.
In the presence of witnesses:
1.
2.
Signature of the Lessee.
In the presence of witnesses:
1.
2.
Office of the Andhra Pradesh Housing Housing Board Hyderabad-A.P.
APPENDIX 6 Handing over Letter
FORM
FORM 7 (See Regulation 22(2) )
Handing over Letter
Letter No _______________ Dated _______________ 198 .
To
Sri ________________
____________________
Sir,
Whereas House Flat No ___________ Design _____________ at __________________ was allotted to you vice allotment Lr ______________ and whereas you have complied with the conditions set out in the allotment letter, you are requested to present yourself before _________ who is authorised to hand over possession to you of the House/Flat No __________________ design _____________ at ________________ in the morning at site on any working day.
You are requested to give receipt to the above mentioned Officer in the accompany form
Yours faithfully.
FOR SECRETARY.
RECEIPT BY THE LESSEE PURCHASER TO BE GIVEN THROUGH THE OFFICER HANDING OVER THE PROPERTY IN PURSUANCE OF THE HANDING OVER LETTER
From:
Allottee Sri/Smt ____________ of House/Flat No _________ located at __________________
To
The Vice Chairman, Andhra Pradesh Housing Board, Mukarramjahi Raod, Hyderabad.
Sir,
I have duly taken over possession on _________ through _________________ Engineer of your Board at _______ of House/Flat No _____________ Located at _________________
Yours faithfully.
Dated _____________ 198.
Place _________________ Andhra Pradesh Housing Board
APPENDIX 7 FORM
FORM
FORM-8
(See Rule 29)
Agreement for Sale of Multi storeyed Flats
This deed of Agreement executed at ________ this ___________ day of ___________
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of the Andhra Pradesh Housing Board Act 1956, hereinafter called the Act and represented by its Chairman or his delegatee, having the Office at Hyderabad hereinafter referred to as the owner (which term shall wherever the context so permits means and includes its successors in interest and assigns) of the one part.
AND
Sri/Smt/Kum ____________S/W/D/O __________________ residing at _____________ hereinafter called the purchaser (which term shall wherever the context so permits means the includes his her heirs, executors, administrators; legal representatives and assigns) of the other part.
Whereas the purchaser has applied to the owner for allotment of house constructed under HIG/MIG/LIG/EWS Housing Scheme by the Andhra Pradesh Housing Board and
Whereas the owner has agreed to allot the house in all the piece and parcel of the land more particularly described in the schedule hereto and hereinafter referred to as "The property" to the purchaser on terms and conditions hereinafter mentioned, and
Whereas the owner has further agreed to sell the property to the purchaser on terms and conditions hereinafter mentioned.
Now this ure witnesseth as follows:
1. Until such time as the owner conveys the property to the puchaser as hereinafter stipulated or until such time as this agreement is determined by the owner as hereinafter provided, the purchaser is permitted to be in possession of the property on terms and conditions hereinafter mentioned and the date of occupation of the property by the purchaser shall be deemed to have commenced as and from the date of this ure.
2. The purchaser shall pay all rates, taxes, cesses and other outgoing payable in respect of the property to the Government, State or Central and local body or local authority.
3. The purchaser shall pay all charges for consumption of water and Electricity for the property.
4. The purchaser shall pay all charges for replacement or repairs of any fitting relating to water supply drainage or electricity on the property.
5. It is expressly agreed between the parties hereto that the purchaser is not the owner of the property that he she shall have no right either to see or mortgage or otherwise dispose of the property and that the purchaser shall not be entitled to claim title thereto until the sale price thereof, as finally determined and other amounts payable by the purchaser to the owner have been paid and the property is conveyed in the name of the purchaser.
6. The purchaser shall not make or permit to be made any alterations or additions to the said property without the previous permission in writing of the owner and except in accordance with the terms for such permission and the plans approved by the owner. In case of any deviation, from such permission or plans, the purchser shall immediately upon the receipt of notice from the owner requiring him so to do, correct such deviation as aforesaid and if the purchaser neglects to correct such deviation from the plan for one calender month after the receipt by him of such notice then it shall be lawful for the owner, to cause such deviation to be corrected at the expense of the purchaser, which expenditure the purchaser hereby agrees to reimburse by paying to the owner such amount as the owner whose decision shall be final shall fix in that behalf, provided the owner may at its discretion, refuse permission for any addition or alternation whatsoever and its decision in that behalf shall be final, provided further that any rectification under this clause by the owner shall not absolve the purchaser from any liability under these regulations or provisions of the Andhra Pradesh Housing Board Act.
7. The purchaser shall maintain the property at his cost as per Regulation 25.
8. The Chairman or any person authorised by him under the Act shall have the right to enter, inspect, connection alter or repair any water mains or drainage passing through the property and the purchaser shall render all assistance and facilities and furnish such information as may be required by the person inspecting the property for the purpose of the Regulations.
9. The Purchaser shall abide by the regulations in force or which may hereinafter by enforced from time to time.
10. If there is any contravention by the purchaser of any of the terms expressed or implied under this agreement or under the said Regulations it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the amounts paid by him shall stand forfeited to the owner.
11. The owner shall not be responsible for any defects, structural or otherwise in the property and the purchaser shall be bound to purchase the property notwithstanding defects, if any, in construction, without any claim for compensation from the owner.
12. Until such time as the Vice Chairman and Housing Commissioner finally determines the sale price, the pruchaser will pay the owner a sum of Rs............every three months as instalment towards the balance of sale price of the property after deducting the 50 ,30 ,20 , of the estimated cost price, as the case may be already paid on...........and the first instalment shall be payable on or before.................
13. The instalments ultimately fixed by the owner after the cost has been finally determined by the Chairman shall be deemed to have become payable from the date of this ure and any difference between the earlier instalments towards the sale price already paid by the purchaser and the amount payable as instalments, under this clause shall be paid on demand by the purchaser to the owner and if the payment of earlier instalments is in excess of the instalments finally the excess will be adjusted in the subsequent instalments after fixation thereof.
14. The owner agrees to sell subject to the provisions of the Regulations the property to the purchaser and after expiry of five years from the date of this ure on payment of sale price as finally fixed.
15. The purchaser shall pay to the owner the sale price after deducting the 50%/20% of the estimated cost price already paid by him in annual instalments for a period of................years:
Provided that the purchaser shall be at liberty to pay to the Board at any time before the expiry of the said period the balance of the sale price due in one lumpsum and get the property transferred in his name subject to the conditions that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this ure and that the charges towards stamp duty, registration fee and other incidental charges for conveyance of the property shall be borne by the purchaser. When the balance of the sale price is paid before, the expiry of the aforesiad stipulated period the amount of sale price to be paid be revised suitably by the Chairman by reducing the quantum of interest to be paid with reference to the period within which the final payment of the sale price in made.
16. The purchaser hereby agrees to pay any increase in the cost price as has been fixed by the Chairman arising out of the increase in compensation of land which is to be decided hereinafter. Such payment shall be proportional amount of such increase the corpus of which will be fixed by the Chairman which will be final and b ing on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments, spread over number of years as may be fixed by the Chairman.
17. The purchaser hereby further agrees to pay any increase in the estimated cost prices as has been fixed by the Chairman, arising out of this increase in contractors bills as a consequence of the contractor going to the court of law or due to the mutual settlement of the dispute between the Board and the contractor due to any other contingencies which might be decided hereinafter. Such payments shall be proportional amount of such incrase the corpus of which will be fixed by the Chairman, which will be increase the corpus of which will be fixed by the Chairman, which will be increase the corpus of which final and being of the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments spread over the number of years as may be fixed by the Chairman.
18. Without prejudice to anything contained in this agreement the purchaser shall pay to the owner penal interest at 1 1/2 times the interest fixed by the Board under Regulation 23 on outstanding instalments of principal and interest.
19. The purchaser shall make full and regular payment of all the dues that are required to be paid by him in pursuance of these presents or any documents that imposed any monetary obligation on the purchaser and if any such payment is delayed he she shall be liable to pay penal interest at the rate specified in Clause 19. In case of default of payment of dues, the purchaser shall be liable to be evicted under the procedure laid down in Chapter VI of the A.P. Housing Board Act 1956 for effecting the eviction and for recovery of all outstanding dues of the owner which are as aforesaid payable by him and thus recoverable under said Chapter of the said act.
20. On the purchaser paying instalments, sale price and other amounts, if any, payable by the purchaser under this ure and the purchaser duly performing the terms and conditions of this agreement and no such payment and performance only, the owner shall convey the property to the purchaser by exciting a conveyance deed.
21. The purchaser shall in no case, assign, relinquish, mortgage, sublet; transfer or part with the possession of any portion or the whole of the said property or cause any sub division thereof, and if the purchaser for cause beyond his control wants to transfer, relinquish or assign purchaser interest in the said property, it shall be the responsibility of the purchaser to satisfy the owner that there is no intention of money making in such transaction by the purchaser, who will be put to tremendous hardship if the permission is refused and after full enquiry the owner may give written permission with or without conditions only after full satisfaction, or may refuse permission in writing for such transaction and owner decision in this regard shall be final and being on the purchaser and every such transfer, assignment or relinquishment of the whole or part of the said property shall be only for the remaer of the terms of this agreement and the permitted transferee or assignee, as the case may be shall be bound by all the terms and conditions herein contained and be answerable to the owner in all respects therefor, provided that the amount of instalment shall be re fixed by the owner so that the sale price of the property together with interest thereon shall be recovered within the remaer of the terms of the hire purchase period provided always that no such assignment, relinquishment or transfer shall be valid or permissible wherever the assignee or the transferee is a person who does not fulfil the requirements of eligibility as provided in these regulations and or the scheme under which the said property has been created provided always that the purchaser or his successor in office, as the case may be shall deliver at his own expenses to the owner at his office the attested copy of the deed of the permitted assignment, relinquishment or transfer as the case may be together with the notice thereof within a month of the date of such deed which shall have been duly registered by it under the ian Registration Act or any other amending statute.
22. If there shall have been an enquiry after hearing the party concerned in the opinion of the owner (whole decision shall be final and being) any mis statement or any concealment of material facts by the purchaser in the application given by him in the prescribed form or in his replies during the scrutiny of his application, it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the hire purchaser deposit paid by him shall stand forfeited to the owner.
23. The purchaser had paid the 50%/20% of the estimated cost price payable under the regulation to the owner on ________ and the said sum is hereby acknowledged by the owner.
24. In all matters of doubt, concerning and in respect of this ure, the decision of the Chairman shall be final and being on the purchaser and any default by the purchaser thereof shall be deemed to be breach of terms of this ure.
25. The owner hereby agrees that the purchaser making all payments due from him in accordance with these presents and performing and observing all the conditions herein contained shall peacefully hold and enjoy the said property during the said term except for any law ful interruption or disturbance by the owner or any person lawfully claiming under it.
26. It is expressly agreed to that the pruchaser of ground floor flats have no right to use stair case room and land set apart by the owner as approached to the block for the purpose of passage to the purchaser of Upper Floor Falts.
27. Double Storeyed Flats :- It is expressly agreed to between the parties that the purchasers of first floor flats may use jointly the stair case room and open terrace of their respective flats. The purchaser of ground floor flats are precluded from using the appurtenant land around the flats except with previous permission of the Chairman, which may be granted subject to such conditions he may impose for such usage.
More than Two Storeyed Falts :- It is expressly agreed to between the parties that the purchaser of flats other than the ground floor, may jointly use the stair case room. The purchasers of ground floor, are precluded from using the appurtenant land around the flats except with the previous permission of the Chairman, which may be granted subject to such conditions he may impose for such usage.
28. It is expressly agreed that the purchaser shall become a member of the Co-operative Housing Society of hire purchaser allottees of the colony on requisition by the Chariman. The purchaser shall be bound by the rules and regulations of the said Co-operative Society.
29. It is agreed to that the purchaser has to secure electric service connection for the flat at his cost and pay the electricity charges direct to the Electricity Department and the owner shall not be liable to pay charges therefor.
30. It is expressly agreed to that the purchaser shall pay to the Chairman water supply charges at a flat rate of Rs.7 00 per month irrespective of the fact whether water is consumed or not in the particular or months till such time as dependent meter is installed. It is also agreed that the rate is provisional and subject to the revision by the Chairman at his discretion.
31. It is expressly agreed to that the space reserved in the colony for community purpose such as foot paths, passages to the blocks; roads; parks; play grounds etc., and buildings in the colony set apart for community purposes such as community centres etc., shall belong to the owner. The owner in its discretion may vest the management of any such property to a Co operative Society referred to in Clause No.28 or to the Municipal Corporation of Hyderabad.
32. It is agreed to that the water mains and drainage mains abutting the property shall be the property of the owner and any person authorised by the Chairman shall have the right to enter the permises to set right any defects to connect alter or repair water mains or drainage passing through the premises of the purchaser and the owner at its discretion may transfer their maintenance to the Water Works and Drainage Departments respectively.
In witness hereof Sri ________ Secretary on behalf of and by the order and direction of Chairman and Sri/Smt ____________________ purchaser have hereunto set their hand.
Signature of the owner.
In the presence of witnesses :
1.
2.
Signature of the Purchaser.
In the presence of witnesses :
1.
2.
SCHEDULE
Description of the Property
H.I.G./M.I.G./L.I.G./E.W.S., house/ flat No........Design........ situated at.......................as per the plan appended and bounded by:
East:
West:
North:
South:
Signature of the Owner.
In the presence of witnesses:
1.
2.
Signature of the Lessee.
In the presence of witnesses
1.
2.
Office of the Andhra Pradesh Housing Board Hyderabad A.P.,
APPENDIX 8 FORM
FORM
FORM-10
(See para 9 of allotment Lr. )
I,__________________S/D/W of ________________________ allottee of HIG/MIG/LIG/EWS House/Flat No _______ at_________________ on hire purchase system, hereby nominate my (relationship)______________ Name ________________ Aged _________ Years _____________ and whose address is _____________________ as the person to whom the said house flat shall be transferred in the event of my death. Signed at ____________________________________________________ this _________________day of _______________________________198 .
Specimen signatures of nominee,
1.
2.
Signature of the Hire Purchase
Allottee.
Witness:
Signature:
Full Name:
Designation:
Address:
ANDHRA PRADESH HOUSING BOARD (ALLOTMENT, MANAGEMENT AND SALE OF HOUSES FOR ECONOMICALLY WEAKER SECTIONS) REGULATIONS, 1975
In exercise of the powers conferred by Section 71 of Andhra Pradesh Housing Board Act, 1956 (Act XLV of 1956) the Andhra Pradesh Housing Board, with the previous sanction of the Government, hereby makes the following regulations, namely
Regulation 1
These regulations may be called the Andhra Pradesh Housing Board (Allotment, Management and Sale of houses for economically weaker sections) Regulations, 1975.
Regulation 2
These regulations shall come into force at once.
(1) These regulations shall apply to the allotment, sale of houses and flats constructed, by the Andhra Pradesh Housing Board under schemes for economically weaker sections with the following sources:
(2)
(a) These regulations shall also apply to allotment, sale of house and flats constructed under any of the following schemes on such terms and conditions as may be specified by Government by an order the mode of allotment of houses constructed under such scheme, shall notwithstanding anything contained in this regulations also specified therein.
(i) Other special houses schemes for Economically Weaker Section entrusted to the Board by Government for execution for the exclusive benefit of members of a co operative society of Government employees or group of employees of Institutions, Corporations, or Companies; and
(ii) Any other Economically Weaker Section Housing Scheme entrusted to the Board and approved for the purpose of these regulations by the Government by an order.
(b) No scheme under clause (a) shall be taken up by the Housing Board, Unless the land on which the houses are proposed to be constructed is transferred in favour of A.P. Housing Board through a registered conveyance deed.
(3) These regulations shall also apply to allotment and sale of houses and flats constructed under:
(i) other special Housing Schemes for economically weaker sections executed by the Housing Board for exclusive benefit of members of a co operative society of Government Employees or group of Employees of Institutions, Corporations or Companies; and
(ii) any other Housing Scheme for economically weaker sections entrusted to the Board and approved for the purpose of these regulations by the Government.
Regulation 3 Definitions
(1) In these regulations unless the context otherwise requires:
(a)"Act" means the Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956)
(b) "Allottee" means the person to whom a house is allotted under these regulations and includes his legal heirs established by a certificate issued by a competent revenue authority not below the rank of an Executive Magistrate or by a Civil Court Decree where the Chairman deems such decree necessary declaring him the heir of the deceased allottee against the person disputing the fact or a nominee who is a member of his family.
(c) "Allotment" means allotment of a house under these regulations;
(d) "Applicant" means a person applying to the Board for allotment of a house under these regulations;
(e) "Family" means a family consisting of husband, wife and minor children and shall include parents, sisters, and brothers as are ordinarily living with the allottee as dependents.
(f) "Form" means a form appended to these regulations.
(g) "Flat" means a portion of a building which can be delineated with definite outline on a plan and which can be definitely marked on the site and which is a dwelling unit and can be allotted as such under these regulations;
(h) "Government" means the Government of Andhra Pradesh;
(i) "House" means a dwelling unit whether detached, semi detached or part of a row, which can be allotted as a unit along with its land under these regulations and shall also include a flat.
(j) "Hire purchase system" means a system in which a participant takes step to secure rights in a property under any scheme referred to in Regulation 2 by payment of hire purchase deposit and also a specified number of equated instalments, spread over a period of specified number of years during which he remains a tenant on terms and conditions set out for that purpose and on the expiry of the said period and after complying with other terms and conditions under these regulations ceases to be a tenant and becomes an owner on payment of all dues;
(k) "Hire Purchase Deposit" means non interest bearing advance payment made by the applicant in a lumpsum or in instalments for securing by hire purchase a house under a scheme on terms and conditions set out for the purpose.
(l) "Income" means the aggregate income regularly derived by the applicant from his occupation, trade business or employment or any calling or source, constituting normal means of livelihood;
(m) "Instalment" means annual instalment as payable by an allottee under these regulations.
(n) "Sale price" means the sale price of house as may be fixed by the Chairman under Regulation 24;
(o) "Scheme" means a Housing Scheme for Economically Weaker sections referred to in Regulation 2.
(p) "Estimated cost price" means the estimated cost price of a house fixed by the Chairman under Regulation 23.
(2) Words used in these regulations but not defined shall have the same meaning as assigned to them in Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956).
Regulation 4
(1) The Board may subject to the provisions of these regulations, allot houses to persons who agree to purchase them in accordance with these regulations.
(2) The disposal of the houses shall be effected on hire purchase system in the manner provided in these Regulations.
Regulation 5
(1) The Board for the purpose of allotment of houses shall issue a notice published in the manner specified in sub regulation (2) for inviting applications before a date specified therein.
(i) for registration of name for allotment in case the construction of house has yet to be taken up under a scheme;
(ii) for allotment of houses constructed by the Board under a scheme referred to in Regulation 2.
(2)
(a) Notwithstanding anything contained in these regulations the Board may for the first mentioned category referred in sub regulation [1][i] also specify the form of application and fix the fee for registering the application. The allotment of house for this category, shall be by drawal of lots from such of the applicants only, who have already got their names registered and any reference in these regulations to the application shall, mutatis mutandis means a reference to the applicants who had already registered their names and the fee for registration shall be treated as earnest money deposit for the purpose of these regulations.
(b) The notice shall specify the location of houses available for allotment either on hire Purchase system, or out right sale, the tentative cost price of the house, the amount payable as earnest money as provided in Regulation 6, the last date for submission of application and such other particulars as the Chairman or any officer authorised by him in that behalf may consider necessary. Details regarding the class of persons including persons serving in the defence and those belonging to scheduled castes and the scheduled tribes for whom the number of houses referred to in Regulation 12 are reserved and the amount of initial payment and other particulars shall be exhibited through a notice affixed on the notice board in the office of the Andhra Pradesh Housing Board. The last date for submission of applications by defence personnel shall be one month later than the date fixed for other applicants.
(c) The notice shall be published in not less than three daily news papers published in the main languages, of English, Telugu or Urdu having wide circulation in the State.
(d) A prospectus in English, Telugu or Urdu along with application form shall also be published which may be obtained by any person at the Office of the Board or any other place on payment of such cost as may be specified by the Chairman which is not refundable in which the layout plan of the area, design and specification of the house and copy of these regulations as well as the form of application and the agreement will be available.
Regulation 5A
(1)
(a) Notwithstanding anything contained in these regulations, it shall also be open to the Board to select the applicants who have registered their names under sub regulation (i)(ii) of Regulation 5 by drawal of lots, to participate in the scheme in the manner determined in Clause (b) for such places as may be specified by the Board;
(b) Lots shall be drawn in the manner specified in Regulation 16 among such of the eligible applicants who have registered their names under Sub regulation [1][i] of Regulation 5 for participation in the scheme to the extent of the number of houses to be constructed under the scheme, keeping in view the reservation set out in the Regulation 12.
(c) After the drawal of lots under Clause [b] further lots may be drawn to an extent of 33 1/3% of the number of houses to be constructed under a particular scheme.
(2) Those applicants who have come out successfully in the lots shall within a period of one month from the date of receipt of intimation letter (which shall be issued in Form 3 and hereinafter called in these regulation as intimation letter) shall pay to the Housing Board 10% of the estimated cost of the house another 10 of the estimated cost of the house within 5 months from the date of receipt of intimation letter and further 10% of the estimated cost of the house within 9 months from the date of receipt of the intimation letter.
Provided that the Vice Chairman and Housing Commissioner may in his discretion grant extension of time normally subject to a maximum period of six months or in the case where advances are applied for from the Departments, or their employers, to the extent necessary, for the payment of 30% of cost subject however to payment a penal interest at one and a half times the rate of normal interest on the delayed payments.
(3) The balance 70% of the estimated cost of the house shall be paid in equated instalments spread over a period specified by the Board under Sub regulation [3] of Regulation 24.
(4) After the flat house is completed and ready for occupation, the chairman shall;
(a) assign the flat house by drawal of lots from among the participants selected under Sub Regulation [1];
(b) intimate the allottee to make payments as specified in Regulation 22 and execute Lease cum sale agreement as specified therein.
(5) The allotment made under Sub regulation [4] shall be deemed to be an allotment under these regulations.
Regulation 5B
Notwithstanding anything contained in Regulation 5-A (2), the Board shall be competent to collect 30% of the estimated cost in respect of houses whose construction is completed as follows, namely;
(i) 10% of the estimated cost within 30 days from the date of receipt of the allotment letter.
(ii) Another 10% of the estimated cost within 2 months from the date of receipt of the above referred intimation letter.
(iii) Further instalment of 10% of the estimated cost of the house within 30 days from the date of receipt of the letter intimating the allottee that the house is fit for occupation and offering possession of the same.
Regulation 6
Every applicant shall deposit or cause to be deposited an earnest money amount equivalent to 10% of the notified cost of the house flat applied for, as may be specified in the notice by the Chairman, according to the type design and cost of the house, through a challan at the extension counter of the State Bank of Hyderabad situated in Gruhakalpa, Mukarramjahi Road, Hyderabad, or some other place which the Chairman may specify in notice. The earnest money can also be remitted by means of a Demand Draft in favour of the Secretary, Andhra Pradesh Housing Board, Mukarramjahi Road, Hyderabad obtained from any Scheduled Bank in Andhra Pradesh. The Challan or Demand Draft obtained to cover up the earnest money may be enclosed to the application form. The earnest money as so deposited shall be adjusted towards the first instalment.
Regulation 7
Application for allotment shall be presented in Form 1. The applicant shall follow the instructions contained in Form 2. The application shall be accompanied by a statement containing the names of family members, the aggregate annual income of the applicant, the present address where the applicant and the members of his family reside. The applicant shall also send along with the application a statement to the effect that he does not own a house plot within the limits of the concerned Municipality, in his name or in the name of his wife or minor children.
Regulation 8
The earnest money shall be refunded to the applicant if no allotment is made in his favour.
Regulation 9
No application shall be accepted by the Chairman or any officer authorised by him in that behalf unless it is received on or before the date specified in the notice and applicant furnishes the statements referred to in Regulation 7, produce evidence in support of the aggregate income icated in the statement and pays the earnest money as provided in the notice published under Regulation 5.
Regulation 10
On receipt of the application under Regulation 7, the Secretary shall enter each application in a register maintained for the purpose, in the order in which each application is accepted and shall pass receipt to the applicant in token of having received the application.
Regulation 11
(1) The Chairman may select the applicant for allotment of house advertised by drawing lots as per the procedure detailed below. The decision of the Chairman shall be final.
(2) Notwithstanding anything contained in these regulations, the Chairman may, in special and deserving cases, recommend to the Government which shall be supported by a resolution of the Board, for allotment of certain houses constructed under the scheme referred to in sub regulation (1) of Regulation 2 in favour of the occupants of the houses which were demolished for purposes of development of housing schemes in the lands acquired from them including their old houses. The decision of the Government is final in such matters and any allotment done based on Government orders, shall be deemed to be an allotment under this regulation.
Regulation 12
The following principles may be observed, while making the allotment of houses by drawal of lots among the eligible applicants for a particular design of house in any particular locality.
(a) 4% of the houses offered for sale by hire purchase shall be reserved for the Defence and Border Security force personnel and allotted in the following order of priority namely.
(i) Widows or other dependents of the defence and border security force personnel who have been killed in action,
(ii) disabled service and border security force personnel who are invalidated and out of service:
(iii) Gallantry Award Winners of the Defence and B.S.F. personnel.
(iv) ex-service personnel and ex-border security force personnel.
(v) serving defence and border security force personnel.
(b) 18% of the houses offered for sale either by hire purchase or outright sale shall be reserved for allotment by lots amongst applicants as follows, namely;
(i) Schedule Castes 14%
(ii) Schedule Tribes 4%
(c) 18% of the houses offered for sale either by hire purchaser or outright sale shall be reserved for allotment by drawal of lots to applicants belonging to the Backward class.
(d) 5% of the houses offered for sale either by hire purchase or outright sale shall be reserved for allotment by drawing of lots among State Government Servants, and such of the retired Government Servants who have retired on or after the first April, 1976, including Employees of local bodies and other public in the following order of priority namely;
(dd) 2% of the houses offered for sale either by hire purchase or on outright sale shall be reserved for each of the following categories of applicants
(1) Physically handicapped persons (2) Freedom Fighters.
(a) Retired government servants who have retired on or after 1st April, 1976.
(b) Government servants.
Regulation 13
Houses constructed under the scheme not allotted as per the above reservations shall be left open to all the applicants.
Regulation 14
The Secretary shall first scrutinise and list out the eligible applications from the total number of applications received and registered before the specified date.
Regulation 15
(a) The Secretary shall have power to make enquiries, call for information from any person whomsoever demand documents and evidence in form of an affidavit or otherwise from the applicant and do any other thing which he considers necessary to scrutinise the application.
(b) Any application which is incomplete in any respect is liable to be rejected.
Regulation 16
(a) The Chairman or any officer authorised by him in that behalf shall make arrangements for drawal of lots among all the eligible applicants. A notice of not less than seven days, specifying the date, time and venue of the drawal of lots shall be given to all eligible applicants. Any avert ant omission to send the notice or non receipt of notice by any applicant, shall not vitiate due draw of lots.
Provided that it shall be competent to the Chairman to dispense with such individual notices being sent in case the applications received are in large numbers and give notice atleast 7 days in advance through a notification specifying a date, time and venue of the drawal of lots in not less than 3 daily news papers published in the main language viz., Telugu, Urdu and English having wide circulation in the State and by making announcements on the All India Radio and Television Stations in the State
(b) Lots shall be drawn separately design wise and locality wise in respect of their Scheme in presence of such of the Members of the Housing Board and the eligible applicants who may be present at the time of drawals of lots.
(c) Lots shall be simultaneously drawn in respect of houses and applicants and the number of applicants who have succeeded in the Lots shall be arranged icating the house number which has been drawn by lots against that applicant.
Provided that the V.C. and H.C. shall have powers to permit mutual exchange of same category of houses flats in exchange of same category of house flats in particular scheme in furtherance of request for exchange made by the respective allottees.
(d) After the lots are drawn as in (c) there shall be drawn by lots applicants names 33-1/3% in excess of the number of houses available for allotment in the respective categories. The excess number of applicants so drawn by lots shall be kept under reserve.
(e) After the allotments are finalised, the Chairman shall prepare an allotment register and enter the names of allottees according to the number of houses allotted to them.
Regulation 17
(i) Lots shall be drawn in respect of reserved quota first and applications remaining after drawal of lots shall be added to the general pool and lots drawn for the general pool.
(ii) Houses set apart for reserved quota as referred in regulations [12] and which remain surplus after allotment shall be added to the general pool.
Regulation 18
The lists as per lots drawn up shall be published at the office of the Board or such other places as may be specified by Chairman.
Regulation 19
No allotment shall be made if the applicant:
(i) Owns a house any where in the urban areas and urban agglomerations in the State of A.P. either in his or her own name or in the name of his her husband wife as the case may be, or in the name of his or her minor children.
(ii) has monthly income exceeding Rs.701 or
(iii) has not got the requisite paying capacity:
(iv) has previously taken a house constructed by the Housing Board provided that the Chairman in his discretion for sufficient reasons relax any of the provisions of this regulation in favour of any applicant.
Regulation 20
After the allotment of houses finalised, the chairman or any officer authorised by him in that behalf shall issue an allotment letter in Form 3, informing the allottee that the house is allotted to him on the terms and conditions specified in the letter and asking him to call at the office of the Housing Board or any place specified therein and complete the formalities within the period specified in the letter.
Regulation 21
On receipt of allotment letter, the allotment shall within the period specified in the letter, comply with the requirements as mentioned therein, in case the allottee seeks cancellation or refuses the allotment, the earnest money deposit shall be forfeited.
Regulation 22
(1) The allottee shall pay 30 percent of the estimated cost and also execute lease cum sale agreement with the Board in Form 5 on a non judicial stamp paper prescribed for agreements within 30 days from the date of receipt of the allotment letter.
(2) After the required payment as specified in Sub regulation (1) of Regulation 22 is made and the required agreement in form 5 as also been duly executed possession of the houses shall be given to the allottee and a letter in Form 6 shall be issued to the allottee for receiving possession of the house.
(3) If the allottee fails to make the required payment as specified in Regulation 22(1) and also to execute the required agreement in Form 5 the allotment, shall be cancelled and the earnest money deposited by him shall be forfeited to the Board.
Provided that the Chairman may in his discretion grant extension of time for the required payment and also for execution of the house agreement normally subject to a maximum period of six months or in cases where advances applied for from the departments or their employers to the extent necessary subject, however, to payment of penal interest at one and a half times the rate of normal interest on delayed payments.
Regulation 22A
Notwithstanding any thing contained in Regulations 19 and 22, the VC and HC shall be competent to -
(i) Refund the E.M.D. (advance payment) in full without any deduction to the applicants who are in waiting list.
(ii) Refund in full the E.M.D. (advance payment) deposited by the allottees in respect of applicants who have refused the allotment within the time prescribed in allotment letters.
(iii) Deduct in case of: H.I.G. a sum of Rs. 2000/- M.I.G. a sum of Rs. 1000/- L.I.G. a sum of Rs. 200/- E.W.S. a sum of Rs. 100/- or 2% of the amounts paid whichever is more in case the allottee either fails to pay instalment or instalments in time or requests for the refund of the amounts paid by him
Regulation 23
(1) The estimated cost price of a house shall comprise of -
(i) The cost of land,
(ii) the cost of development which shall include external amenities such as formation of roads, provision of dust proof surfacing, open space, parks, playgrounds, etc., and laying of mains for water supply, drainage and electricity and places for community use, etc.
(iii) The cost of civil works.
(iv) The cost of internal aminities such as water supply, drainage and electricity.,
(v) Supervision charges on construction and provision of amenities etc., at such rates as the Board may fix from time to time; and
(vi) Interest at such rate and period as may be fixed by Board to the total of clauses (i) to (iv) from the date of drawal of loan for construction of the houses.
(2) Notwithstanding anything contained in the notices inviting applications or the agreement executed by the allottee, if after receipt of final bills for the construction of houses or payment of interest on the amount of loans taken for the construction of such houses or after final determination of the cost of land, and development of land or for expenditure incurred for supervision, the Chairman or any officer authorised by him in that behalf considers it necessary to revise the estimated cost price, already specified in the notice or agreement, he may do so and determine the final cost price payable on allotment and all allottees in relation to the houses aforesaid shall be bound by such determination and they shall pay the difference if any between the final cost price as determined and the price paid by them including price paid in lump sum.
Provided that it shall be open to the Vice Chairman and Housing Commissioner, Andhra Pradesh Housing Board to call upon the allottee, through a notice to pay a particular amount, over and above the initial deposit or instalments already paid or payable to meet the escalation in the cost price (either due to increase in the cost of labour or materials etc. or due to delay in the execution of the scheme or even otherwise) pending the determination of final cost price before a particular date specified in the notice. The Vice Chairman and Housing Commissioner shall have the discretion to issue, any such notice, at any time either during execution or after the completion of the scheme. Any failure to pay the amount specified in the notice shall entail cancellation of the allotment and resumption of the premises.
Regulation 24
(1) The sale price shall comprise of:-
(i) 20% of estimated cost price.
(ii) the balance of 80% of the estimated cost price together with interest thereon at such rates as may be fixed by the Board calculated for the period specified by the Board and enhanced amount if any under Regulation 23(2).
(iii) contingencies at such rates as may be fixed by Board: and
(iv) incidental charges at such rates as may be fixed by the Board from time to time.
(3) Total of Sub clauses (ii),(iii) and (iv) of Sub regulation (2) shall be payable by the allottee in equated instalments spread over a period specified by the Board.
(4) The earnest money deposit paid along with the application shall be adjusted towards 20% of the estimated cost under Regulation 22.
(5) The final fixation of sale price should be done within 2 years from the date of allotment of houses. The above period may however be extended by Government in the case of such of the houses whose final cost cannot be fixed within two years prescribed, because the matters relating to land compensation or the payment of final bills to the Contractor are pending in the Court.
Regulation 25
In consonance with these regulations and in pursuance of the provisions of lease cum sale agreement in Form 5 on taking possession of the house, the responsibility for the maintenance and keeping in good condition of the house and the services shall rest with the allottee. In case the allottee fails to maintain and keep the house in good condition the maintenance shall be done by the Board at the expense of allottee.
Regulation 26
In consonance with the regulations and in pursuance of provisions of the lease cum sale agreement in Form 5 all rates, taxes, charges assessment and other levies of whatsoever shall be paid directly by the allottee.
Regulation 27
(1) On payment of sale price as finally fixed, the house shall be transferred in the name of the allottee or any member in his family on a request made in writing by the allottee icating the compelling reasons thereof and on acceptance of such request by the Chairman by executing a conveyance deed, provided that such member of the allottee s family is otherwise eligible for allotment of house under these regulations. On such transfer being effected the transfer shall not be eligible for allotment of a house. The expenses on account of stamp duty, registration of and any other incidental charges shall be borne by the allottee.
Provided that no such transfer shall be effected till the lapse of five years from the date of giving possession of the house to the allottee.
(2)
(i) Nothing contained in Sub regulation (1) shall prevent the Government servant, who has been allotted a house to mortgage the said houses in favour of the Central Government, State Government, Life Insurance Corporation of ia or any loan advancing institutions, as the case may be, immediately on payment of provisional sale price of the allotted house, even before the transfer of the house in his name and before the expiry of five years from the date of taking possession of the house, subject, however, with the prior permission of the Vice Chairman and Housing Commissioner of the Housing Board.
(ii) In case the sale price has not been finally determined the allottee shall give (a) an undertaking to pay to the Housing Board such excess amount as may be determined towards final cost in terms of Sub regulation (2) of Regulation 23, (b) shall deposit in cash such amount that may become payable after determination of final cost and (c) also furnish security from two permanent employees of the Institution of equal or higher status where the allottee is employed.
(3) In case of allotment on hire purchase system the allottee shall remain a tenant of the Board, till such time as the house is conveyed in the name of the allottee and shall have no other right except that of a tenant.
Regulation 28
Where there are no applications or in case where the Housing Board is not able to get adequate number of applications for allotment in any locality other than the cities of Hyderabad, Secunderabad in response to a notification issued under the said regulations, all such houses shall be renotified for a second time and if still no applications or adequate number of applications for all the renotified houses are received, such houses and also such of the houses in respect of which the allottees fail to complete the formalities required under the said regulations on allotment and take possession of the houses may with the previous approval of the Government be allotted to any other dispensing with the procedure prescribed in the said regulations subject to such terms and conditions as the Government may impose".
Regulation 29
The provisions contained in these regulations shall mutatis mutandis apply to allotment of flats, provided that the lease cum sale agreement shall be executed by the allottee in Form7.
APPENDIX 1 Application form for the Allotment of a House Flat under Housing Scheme for Economically Weaker Sections as Referred to in Regulation 2
FORM
FORM I
(See Regulation 7)
Application form for the Allotment of a House Flat under Housing Scheme for Economically Weaker Sections as Referred to in Regulation 2.
To
The Chairman Andhra Pradesh Housing Board, "Gruhakalpa", Mukarramjahi Raod, Hyderabad-500 001 (A.P.)
Sir,
I request you to allot me a house flat constructed under Housing Scheme for Economically Weaker Sections, the design and locality in which it is situated are icated below:
Name of locality Type Design
I have read the regultions relating to the allotment of house flat by the Board and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclosed a Challan No..................... Dated..........19............in token of having deposited the required earnest money deposit of Rs......
1. Full name of the applicant
(in block letters)
2. Father's/Husband's name
(in block letters)
3. Full address
(in block letters)
(i) Present
(ii) Permanent
4. Date of birth/age Supported by authenticated documents.Persons whose date of birth is not recorded shall enclose age Certificate obtained from any Gazetted Officer.
5. Occupation
6. Whether the applicant already owns a house in his name or in the name of his wife or husband or in the name of minor child. If not a Certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories mentioned in Regulation 12, and if so a Certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
2. S.C. S.T. B.C. certificate may be signed by M.P., M.L.A.., M.L.C. or Gazetted Officer.
8. Annual Income of the applicant and sources of such income.
(a) Profession of Occupation.
(b) Rent of Property, Viz., mulgies, shops etc.
(c) From lands.
9. I hereby declare that the information given by me in the above application is true and correct and if it is later on noticed to be false or untrue, my appli- cation under reference and all other applications, if any should be treated as cancelled and if I have been successful in getting a house on the basis of false or untrue information the allotment may be treated as void abinitio.
Date...................19...............Address: (in block letters) Serial No.......... Signature of the applicant.
Assistant Estate Officer
APPENDIX 2 Instructions to the applicant
FORM
FORM 2 (See Regulation 7)
Instructions to the applicant
1. The application form duly filed together with the required certificates, shall be presented in person or sent by registered post so as to reach the Secretary Andhra Pradesh Housing Board, within the date and time specified in the notice. Applications received after the last date stipulated, will be rejected. The certificate such as Income, No House will not be accepted after the due date.
2. The Earnest Money shall be deposited in cash through a Special Challan at the Extension Counter of State Bank of Hyderabad, situated at Gruhakalpa, Mukarramjahi Road, Hyderabad or in any Branch of State Bank of Hyderabad situated in twin Cities of Hyderabad and Secunderabad, and the same shall be enclosed to the application.
3. A person cannot submit more than one application.
4. Minors cannot apply.
5. An Agreement and Affidavit on Non Judicial stamp paper of Rs.5-00 each as in form 9/8 shall be furnished after allotment.
6. Personal Income of the applicant alone will be taken into consideration and not the Income of either the Wife Husband or any other member of the family.
7. The applicant shall furnish the following particulars on a se te sheet of paper and enclose it to the application form.
Particulars of the family.
Sl.No. Name of the familymembers. Age Relationship withthe applicant. Occupation --------------------------------------------------------------------------------
8. The Board does not guarantee the allotment of house to every applicant. It reserves to itself the right to reject any application without assigning reasons.
9. Orders of allotment will be published on the Notice Board of the Office of the Andhra Pradesh Housing Board and also communicated ividually as per the address furnished in the application.
10. Number of houses notified for allotment is subject to such variations as may be found necessary by the Vice Chairman and Housing Commissioner.
11. Water and drainage mains shall belong to the Housing Board and any person authorised by the Vice Chairman and Housing Commissioner shall have the right to enter the premises to inspect, connect alter or repair any water mains or drainage passing through the premises of the Lessee.
12. The Houses allotted should be occupied by the allottees themselves and should not be let out except for genuine reasons acceptable by the Vice Chairman and Housing Commi ssioner.
13. The applicant should enclose a Certificate signed by Gazetted Officer that he she does not own a house in his her name or in the name of his her husband wife or minor child.
14. The layout plans of the houses notified for allotment are also displayed at the place where drawal of lots is conducted.
15. The percentage of reservations of houses flats, in different Categories, is as follows:
Sl.No Category of Houses Legislators of A.P Defence& B.S.F personnel S.C. S.T. B.C. F.F G.S P.H. 1. H.I.G. 5% 5% 14% 4% 9% 10% 1% 1% 2. M.I.G. 5% 5% 14% 4% 9% 10% 1% 1% 3. L.I.G. -- 2% 14% 4% 15% 10% 2% 2% 4 E.W.S. -- 4% 14% 4% 18% 5% 2% 2 %
16. The Income Limit is as follows; per month
1. H.I.G. above Rs.2,500/-
2. M.I.G. above Rs.1501 to 2500
3. L.I.G. I and II Rs.701 to 1500
4. E.W.S. upto Rs.700]
17. Application forms purchased and submitted in respect of 100% 50% , and 20% payment, will be considered in that Category only.
18. (a) [.............]
(b) For allotment of houses in all Categories, under Defence, preference will be given in the order of;
(i) Widows or other dependents of Defence and Border Security Force personnel who have been killed in action.
(ii) Disabled Service and B.S.F., personnel who are invalidated and out of Service.
(iii) Ex-Servicemen and Ex-B.S.F. personnel.
(iv) Serving Defence B.S.F. Personnel.
(c) For allotment of houses in all Categories, under Government Servant, preference will be given.
(a) Retired State Government Servant on or after 1-4-1976,
(b) Serving State Government Servants.
19. The Provisions of relevant Regulations for allotment, Management and Sale of H.I.G., M.I.G., L.I.G., and E.W.S. houses flats constructed by the A.P. Housing Board shall apply in all matters relating to the houses flats in the above scheme.
By Regd. Post with Ack-Due 20% 50% of the estimated Cost
Price Hire Purchase Deposit
APPENDIX 3 Officer of the Andhra Pradesh Housing Board
FORM
FORM 3-C (See Regulation 20)
Officer of the Andhra Pradesh Housing Board
Gruhakalpa, Mukarramjahi Road. Hyderabad-1
No/E/199Dated199.
To.
Sri Smt....................................
....................................
....................................
Sir Madam,
Ref: His Her application No............for allotment of a house/flat on hire Purchase system H.I.G./M.I.G./L.I.G./E.W.S. Housing Scheme.
Allotment Letter.
The House Flat No.............at..........Design..........is allotted to him her on hire purchase system on the basis of drawal of lots conducted on............at.............and subject to the following conditions.
(1) On receipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellation or refuses the allotment, the Earnest Money Deposit shall be forfeited.
(2) The allottee shall deposit with this Office a sum of Rs...... by a challan towards 50% 20% of the estimated cost price of the house flat in the extention counter of the State Bank of Hyderabad. Gruhakalpa, Mukarramjahi Road, Hyderabad or through demand draft in favour of the Secretary, A.P. Housing Board and execute an Agreement for sale in Form 6/7 within THIRTY DAYS from the date of receipt of allotment letter.
(3) The allottee shall execute Agreement for sale as per proforma enclosed duly affixing adhesive stamp of Rs.5-00 on the top of the first page and shall remit a sum of Rs.7-50 towards the cost of a set of printed form of agreement for sale etc., through Challan along with the initial deposit.
(4) Till such time as the house is conveyed in the name of allottee, the responsibility for the maintenance and keeping in good condition of the house flat and the service shall rest with the allottee.
(5) The allottee shall be bound by the Andhra Pradesh Housing Board Act, Rules and Regulations hereunder for the time being inforce.
(6) The allottee shall pay equated instalments towards value of the house flat as stipulated in the regulations and agreement for sale and obtain a duly registered conveyance after observing all the conditions.
(7) Possession of the house flat shall be given after Agreement for sale is duly executed.
(8) The allottee shall accept any alternation in the value of the house flat intimated by the Vice Chairman.
(9) The allottee shall furnish a nomination in Form 10 in favour of any member of his/her family, however, the allottee shall be at liberty to change the nomination at any time before the conveyance of the ownership of the house/flat in his/her name.
Yours faithfully
For Vice Chairman
Andhra Pradesh
Housing Board
APPENDIX 4 Agreement for Sale of ependent House
FORM
FORM-6
(See Rule 22)
Agreement for Sale of ependent House
This deed of Agreement executed at____________this___________day of ________________
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of the Andhra Pradesh Housing Board Act 1956, hereinafter called the Act and represented by its Chairman or his delegatee, having the Office at Hyderabad hereinafter referred to as the owner (which term shall wherever the context so permits means and includes its successors in interest and assignees) of the one part.
AND
Sri/Smt/Kum ____________S/W/D/O ________________residing at ____________________ hereinafter called the purchaser (which term shall wherever the context so permits means and includes his her heirs, executors, administrators; legal representatives and assignees) of the other part.
Whereas the purchaser has applied to the owner for allotment of house constructed under HIG/MIG/LIG/EWS Housing Scheme by the Andhra Pradesh Board and
Whereas the owner has agreed to allot the house in all the piece and parcel of the land more particularly described in the schedule hereto and hereinafter referred to as "The property" to the purchaser on terms and conditions hereinafter mentioned, and
Whereas the owner has further agreed to sell the property to the purchaser on terms and conditions hereinafter mentioned.
Now this are Witnesseth as Follows:
1. Until such time as the owner conveys the property to the purchaser as hereinafter stipulated or until such time as this agreement is determined by the owner as hereinafter provided, the purchaser is permitted to be in possession of the property on terms and conditions hereinafter mentioned and the date of occupation of the property by the purchaser shall be deemed to have commenced as and from the date of this indentare.
2. The purchaser shall pay all rates, taxes, cesses and other outgoings payable in respect of the property to the Government State or Central and any local body or local authority.
3. The purchaser shall pay all charges for consumption of water and Electricitry for the property.
4. The purchaser shall pay all charges for replacement or repairs of any fittings relating to water supply drainage or electricity on the property.
5. It is expressly agreed between the parties hereto that the purchaser is not the owner of the property that he she shall have no right either to sell or mortgage or otherwise dispose of the property and that the purchaser shall not be entitled to claim title thereto until the sale price thereof, as finally determined and other amounts payable by the purchaser to the owner have been paid and the property is conveyed in the name of the purchaser.
6. The purchaser shall not make or permit to be made any alterations or additions to the said property without the previous permission in writing of the owner and except in accordance with the terms for such permission and the plans approved by the owner. In case of any deviation, from such permission or plans, the purchaser shall immediately upon the receipt of notice from the owner requiring him so to do, correct such deviation as aforesaid and if the purchaser neglects to correct such deviation from the plan for one calendar month after the receipt by him of such notice then it shall be lawful for the owner, to cause such deviation to be corrected at the expense of the purchaser, which expenditare the purchaser hereby agrees to reimburse by paying to the owner such amount as the owner whose decision shall be final shall fix in that behalf, provided the owner may at its discretion, refuse permission for any addition or alteration whatsoever and its decision in that behalf shall be final, provided further that any rectification under this clause by the owner shall not absolve the purchaser from any liability under these regulations or provisions of the Andhra Pradesh Housing Board Act.
6-A. Any addition or alteration done to the property by the purchaser, without the written permission of the owner, may at the discretion of the owner, be regularised on payment of a compounding fee, at the rate that may be prescribed by the owner in this regard. However no addition or alteration that is deemed objectionable by the owner, shall be regularised and it shall be demolished by the purchaser, failing which the owner will be at liberty to get the same demolished and recover the cost thereof from the purchaser.
7. The purchaser shall maintain the property at his cost as per Regulation 25.
8. The Chairman or any person authorised by him under the Act shall have the right to enter, inspect, connect alter or repair any water mains or drainage passing through the property and the purchaser shall render all assistance and facilities and furnish such information as may be required by the person inspecting the property for the purpose of the Regulations.
9. The Purchaser shall abide by the regulations in force or which may hereinafter be enforced from time to time.
10. If there is any contravention by the purchaser of any of the terms expressed or implied under this agreement or under the said regulations it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the amounts paid by him shall stand forfeited to the owner.
11. The owner shall not be responsible for any defects, structural or otherwise in the property and the purchase shall be bound to purchase the property notwithstanding defects, if any, in construction, without any claim for compensation from the owner.
12. Until such time as the Vice-Chairman and Housing Commissioner finally determines the sale price, the purchaser will pay to the owner a sum of Rs..................every three months as instalment towards the balance of sale price of the property after deducting the 50 ,30 ,20 of the estimated cost price, as the case may be already paid on...........and the first instalment shall be payable on or before.............
13. The instalments ultimately fixed by the owner after the cost has been finally determined by the Chairman shall be deemed to have become payable for the date of this are and any difference between the earlier instalments towards the sale price already paid by the purchaser and the amount payable as instalments, under this clause shall be paid on demand by the purchaser to the owner and if the payment of earlier instalments is in excess of the instalments finally fixed the excess will be adjusted in the subsequent instalments after fixation thereof.
14. The owner agrees to sell subject to the provisions of the Regulations the property to the purchaser and after expiry of five years from the date of this are on payment of sale price as finally fixed.
15. The purchaser shall pay to the owner the Sale price after deducting the 50% 20% of the estimated cost price already paid by him in annual instalments for a period of...........years.
Provided that the purchaser shall be at liberty to pay to the Board at any time before the expiry of the said period the balance of the sale price due in one lumpsum and get the property transferred in his name subject to the condition that the property shall not be transferred in his name subject to the condition that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this are and that the charges towards stampduty, registration fee and other incidental charges for conveyance of the property shall be borne by the purchaser. When the balance of the sale price is paid before, the expiry of the aforesaid stipulated period the amount of sale price to be paid be revised suitably by the Chairman by reducing the quantum of interest to be paid with reference to the period within which the final payment of the sale price is made.
16. The purchaser hereby agrees to pay any increase in the cost price as has been fixed by the Chairman arising out of the increase in compensation of land which is to be decided hereinafter. Such payment shall be proportional amount of such increase the corpus of which will be fixed by the Chairman which will be final and bing on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments, spread over number of years as may be fixed by the Chairman.
17. The purchaser hereby further agrees to pay any increase in the estimated cost price as has been fixed by the Chairman, arising out of this increase in contractors bill as a consequence of the contractor going to the court of law or due to the mutual settlement of the dispute between the Board and the contractor due to any other contingencies which might be decided hereinafter. Such payments shall be proportional amount of such increase the corpus of which will be fixed by the Chairman, which will be final and bing on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments spread over the number of years as may be fixed by the Chairman.
18. Without prejudice to anything contained in this agreement the purchaser shall pay to the owner penal interest at 1/2 times the interest fixed by the Board under Regulation 23 on outstanding instalments of principal and interest.
19. The purchaser shall make full and regular payment of all the dues that are required to be paid by him in pursuance of these presents or any documents that imposed any monetary obligation on the purchaser and if any such payment is delayed he she shall be liable to pay penal interest at the rate specified in Clause 18. In case of default of payment of dues, the purchaser shall be liable to be evicted under the procedare laid down in Chapter VI of the A.P. Housing Board Act, 1956 for effecting the eviction and for recovery of all outstanding dues of the owner which are as aforesaid payable by him and thus recoverable under said Chapter of the said act.
20. On the purchaser paying the instalments, sale price and other amounts, if any, payable by the purchaser under this are and the purchaser duly performing the terms and conditions of this agreement and no such payments and performance only, the owner shall convey the property to the purchaser by executing a conveyance deed.
21. The purchaser shall in no case, assign, relinquish, mortgage, sublet; transfer or part with the possession of any portion or the whole of the said property or cause a by sub division thereof, and if the purchaser's for cause beyond his control wants to transfer, relinquish or assign purchaser's interest in the said property it shall be the responsibility of the purchaser to satisfy the owner that there is no intention of money making in such transaction by the purchaser and that there are compelling reason for such transaction by the purchaser who will be put to tremendous hardship if the permission is refused and after full enquiry the owner may give written permission with or without condition only after full satisfaction, or may refuse permission in writing for such transaction and owner s decision in this regard shall be final and binding on the purchaser and every such transfer, assignment or relinquishment of the whole or part of the said property shall be only for the remaer of the terms of this agreement and the permitted transferee or assignee, as the case may be shall be bound by all the terms conditions herein contained and be answerable to the owner in all respects therefor, provided that to the amount of instalment shall be re-fixed by the owner so that the sale price of the property together with interest thereon shall be recovered within the remainder of the term of the hire purchaser period provided always that no such assignment relunquishment or transfer shall be valid or permissible wherever the assignee or the transferee is a person who does not fulfill the requirements of eligibility as provided in these regulations and or the scheme under which the said property has been created provided always that the purchaser or his successor in office, as the case may be shall deliver at his own expenses to the owner at his office the attested copy of the deed of the permitted assignment. Relinquishment or transfer as the case may be together with the notice thereof within a month of the date of such deed which shall have been duly registered by it under the ian Registration Act or any other amending statute.
22. If there shall have been an enquiry after hearing the party concerned in the opinion of the owner (whose decision shall be final and binding) any misstatement or any concealment of material facts by the purchaser in the application given by him in the prescribed form or in his replies during the scrutiny of his application, it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the hire purchaser s deposit paid by him shall stand forfeited to the owner.
23. The purchaser had paid the 50% 20% of the estimated cost price payable under the regulation to the owner on___________and the said sum is hereby acknowledged by the owner.
24. In all matters of doubt, concerning and in respect of this indentare, the decision of the Chairman shall be final and b ing on the purchaser and any default by the purchaser thereof shall be deemed to be breach of terms of this indentare.
25. The owner hereby agrees that the purchaser making all payments due form him in accordance with these presents and performing and observing all the conditions herein contained shall peacefully hold and enjoy the said property during the said term except for any lawful interruption or disturbance by the owner or any person lawfully claiming under it.
In witness hereof Sri _______________ Secretary on behalf of and by order and direction of Chairman and Sri/Smt__________________________________ purchaser have hereunto set their hands.
Signatare of the Owner.
In the presence of witnesses:
1.
2.
Signatare of the Purchaser.
In the presence of witnesses:
1
2.
SCHEDULE
Description of the Property
H.I.G./M.I.G./L.I.G./E.W.S., house/flat No..........Design....... situated at.........................as per the plan appended and bounded by:
East:
West:
North:
South:
Signatare of the Owner.
In the presence of witnesses:
1.
2.
Signatare of the Lessee.
In the presence of witnesses:
1.
2.
Office of the
Andhra Pradesh Board
Hyderabad-A.P.
APPENDIX 5 Handing over Letter
FORM
FORM-6
(See Regulation 22(2) )
Handing over Letter
Letter No ____________________ Dated ______________ 198 .
To
Sri __________________
__________________
Sir,
Whereas House/Flat No. _________ Design _________ at ____________ was allotted to you vide allotment and whereas you have complied with the conditions set out in the allotment letter, you are requested to present yourself before __________ who is authorised to hand over possession to you of the House/Flat No.___________ design _____________at_______________in the morning at site on any working day.
You are requested to give receipt to the above mentioned Officer in the accompanying form
Yours faithfully,
for SECRETARY.
RECEIPT BY THE LESSEE/PURCHASER TO BE GIVEN THROUGH THE OFFICER HANDING OVER THE PROPERTY IN PURSUANCE OF THE HANDING OVER LETTER.
From:
Allottee Sri/Smt ______________________________________ of House/Flat No.______________located at___________________
To
The Vice Chairman, Andhra Pradesh Housing Board.
Mukarramjahi Road, Hyderabad,
Sir,
I have duly taken over possession on _________ through ___________________Engineer of your Board at __________ of House/Flat No __________ Located at _____________________
Yours faithfully.
Dated __________198 .
Place _______________
APPENDIX 6 Agreement for Sale for Multi storeyed Flats
FORM
FORM-7
(See Rule 22)
Agreement for Sale for Multi storeyed Flats
This deed of Agreement executed at ___________________ this ____________ day of __________________
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of the Andhra Pradesh Housing Board Act, 1956, hereinafter called the Act and represented by its Chairman or his delegatee, having the Office at Hyderabad hereinafter referred to as the owner (which term shall wherever the context so permits means and includes its successors in interest and assignees) of the one part.
AND
Sri/Smt/Kum __________ S/W/D/O ___________ residing at ________________ hereinafter called the purchaser (which term shall wherever the context so permits means and includes his her heirs, executors administrators, legal representatives and assignees) of the other part.
Whereas the purchaser has applied to the owner for allotment of house constructed under HIG/MIG/LIG/EWS Housing Scheme by the Andhra Pradesh Housing Board; and
Whereas the owner has agreed to allot the house in all the piece and parcel of the land more particularly described in the schedule hereto and hereinafter referred to as "The property" to the purchaser on terms and conditions hereinafter mentioned, and
Whereas the owner has further agreed to sell the property to the purchaser on terms and conditions hereinafter mentioned.
Now this indentare witnesseth as follows:
1. Until such time as the owner conveys the property to the purchaser as hereinafter stipulated or until such time as this agreement is determined by the owner as hereinafter provided, the purchaser is permitted to be in possession of the property on terms and conditions hereinafter mentioned and the date of occupation of the property by the purchaser shall be deemed to have commenced as and from the date of this indentare.
2. The purchaser shall pay all rates, taxes, cesses and other outgoing payable in respect of the property to the Government, State or Central and any local body or local authority.
3. The purchaser shall pay all charges for consumption of water and Electricity for the property.
4. The purchaser shall pay all charges for replacement or repairs of any fitting relating to water supply drainage or electricity on the property.
5. It is expressly agreed between the parties hereto that the purchaser is not the owner of the property that he she shall have no right either to sell or mortgage or otherwise dispose of the property and that the purchaser shall not be entitled to claim title thereto until the sale price thereof, as finally determined and other amounts payable by the purchaser to the owner have been paid and the property is conveyed in the name of the purchaser.
6. The purchaser shall not make or permit to be made any alterations or additions to the said property without the previous permission in writing of the owner and except in accordance with the terms for such permission and the plans approve d by the owner. In case of any deviation, from such permission of plans, the purchaser shall immediately upon the receipt of notice from the owner requiring him so to do, correct such deviation as plan for one calendar month after the receipt by him of such notice then it shall be lawful for the owner, to cause such deviation to be corrected at the expense of the purchasers which expenditare the purchaser hereby agrees to reimburse paying to the owner such amount whose decision shall be final shall fix in that behalf, provided the owner may at its discretion, refuse permission for any addition or alteration whatsoever and its decision in that behalf shall be final, provided further that any rectification under this clause by the owner shall not absolve the purchaser from any liability under these Regulations or Provisions of the Andhra Pradesh Housing Board Act.
7. The purchaser shall maintain the property at his cost as per Regulation 25.
8. The Chairman or any person authorised by him under the Act shall have the right to enter, inspect, connect alter or repair any water mains or drainage passing through the property and the purchaser shall render all assistance and facilities and furnish such information as may be required by the person inspecting the property for the purpose of the Regulations.
9. The purchaser shall abide by the regulations in force or which may hereinafter enforced from time to time.
10. If there is any contravention by the purchaser of any of the terms expressed or implied under this agreement or under the said Regulations it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the amounts paid by him shall stand forfeited to the owner.
11. The owner shall not be responsible for any defects, structural or otherwise in the property and the purchaser shall be bound to purchase the property notwithstanding defects, if any, in construction, without any claim for compensation from the owner.
12. Until such time as the vice Chairman and Housing Commissioner finally determines the sale price, the purchaser will pay to the owner a sum of Rs..........every three months as instalment towards the balance of sale price of the property after deducting the 50 ,30 ,20 of the estimated cost price, as the case may be payable on or before...................
13. The instalments ultimately fixed by the owner after the cost has been finally determined by the Chairman shall be deemed to have become payable from the date of this are and any difference between the earlier instalments towards the sale price already paid by the purchaser and the amount payable as instalments, under this clause shall be paid on demand by the purchaser to the owner and if the payment of earlier instalments is in excess of instalments finally fixed the excess will be adjusted in the subsequent instalments after fixation thereof.
14. The owner agrees to sell subject to the provisions of the regulations the property to the purchaser and after expiry of five years from the date of this are on payment of sale price as finally fixed.
15. The purchaser shall pay to the owner the sale price after deducting the 50% 20% of the estimated cost price already paid by him in annual instalments for a period of.............years.
Provided that the purchaser shall be at liberty to pay to the Board at any time before the expiry of the said period the blanace of the sale price due in one lumpsum and get the property transferred in his name subject to the condition that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this are and that the charges towards stampduty, registration fee and other incidental charges for conveyance of the property shall be borne by the purchaser. When the balance of the sale price is paid before, the expiry of the aforesaid stipulated period the amount of sale price to be paid be revised sutiably by the chairman by reducing the quantum of interest to be paid with reference to the period within whcih the final payment of the sale price is made.
16. The purchase hereby agrees to pay any increase in the cost price as has been fixed by the Chairman arising out of the increase in compensation of land which is to be decided hereinafter. Such payment shall be proportional amount of such increase the corpus of which will be fixed by the chairman which will be final and b ing on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchase within one month of the dem and made. The purchaser shall have the option to pay such amount in euqated instalments, spread over number of years as may be fixed by the Chairman.
17. The purchaser hereby further agrees to pay any increase in the estimated cost price as has been fixed by the Chairman, arising out of this increase in contractors bills as a consequence of the contractor going to the court of law or due to the mutual settlement of the dispute between the Board and the contractor due to any other contingencies which might be decided hereinafter. Such payments shall be proportional amount of such increase the corpus of which will be fixed by the Chairman, which will be final and b ing on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments spread over the number of years as may be fixed by the Chairman.
18. Without prejudice to anything contained in this agreement the purchaser shall pay to the owner penal interest at 1 2 times the interest fixed by the Board under Regulation 23 on outstanding instalments of principal and interest.
19. The purchaser shall make full and regular payment of all the dues that are required to be paid by him in pursuance of these presents or any documents that imposed any monetary obligation on the purchaser and if any such payment is delayed he she shall be liable to pay penal interest at the rate specified in clause. 18. In case of default of payment of dues, the purchaser shall be liable to be evicted under the procedare laid down in Chapter VI of the A.P. Housing Board Act 1956 for effecting the eviction and for recovery of all outstanding dues of the owner which are as aforesaid payable by him and thus recoverable under said Chapter of the said act.
20. On the purchaser paying the instalments, sale price and other amounts, if any, payable by the purchaser under this are and the purchaser duly performing the terms and conditions of this agreement and no such payments and performance only, the owner shall convey the property to the purchaser by executing a conveyance deed.
21. The purchaser shall in no case, assign, reliquish, mortgage, sublet transfer or part with the possession of any protion or the whole of the said property or cause a sub division thereof, and if the purchaser for cause beyond his control wants to transfer, reliquish or assign purchaser s interest in the said property, it shall be the responsibility of the purchaser to satisfy the owner that there is no intention of money making in such transaction by the purchaser and that there are compelling reasons for such transaction by the purchaser, who will be put to tremendous hardship if the permission is refused and after full enquiry by the owner may give written permission with or without conditions only after full satisfaction, or may refuse permission in writing for such transaction and owner s decision in this regard shall be final and binding on the purchaser and every such transfer, assignment or reliquishment of the whole or part of the said property shall be only for the rema er of the terms of this agreement and the permitted transferee or assignee, as the case may be shall be bound by all the terms conditions herein contained and be answerable to the owner in all respects therefor, provided that to the amount of instalment shall be refixed by the owner so that the sale price of the property together with interest thereon shall be recovered within the remainder of the term of the hire purchaser period provided always that no such assignment, relinquishment or transfer shall be valid or permissible wherever the assignee or the transferee is a person who does not fulfill the requirements of eligibility as provided in these regulations and or the scheme under which the said property has been created provided always that the purchaser or his successor in Office, as the case may be shall deliver at his own expenses to the owner at his office the attested copy of the deed of the permitted assignment. Relinquishment or transfer as the case may be together with the notice thereof within a month of the date of such deed which shall have been duly registered by it under the ian Registration Act or any other amending statute.
22. If there shall have been an enquiry after hearing the party concerned in the opinion of the owner (whos decision shall be final and b ing) any misstatement or any concealment of material facts by the purchaser in the application given by him in the prescribed form or in his replies during the scrutiny of his application, it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the hire purchaser deposit paid by him shall stand forfeited to the owner.
23. The purchaser had paid the 50% 20% of the estimated cost price payable under the regulation to the owner on ________________________ and the said sum is hereby acknowledged by the owner.
24. In all matters of doubt, concerning and in respect of this indentare, the decision of the Chairman shall be final and binding on the purchaser and any default by the purchaser thereof shall be deemed to be breach of terms of this indentare.
25. The owner hereby agrees that the purchaser making all payments due from him in accordance with these presents and performing and observing all the conditions herein contained shall peacefully hold and enjoy the said property during the said term except for any lawful interruption or disturbance by the owner or any person lawfully claiming under it.
26. It is expressly agreed to that the purchaser of ground floor flats have no right to use stair case room and land set apart by the owner as approached to the block for the purpose of passage to the purchaser of Upper floor Flats.
27. Double storeyed Flats:- It is expressly agreed to between the parties that the purchasers of first floor flats may use joining the stair case room and open terrace of their respective flats. The purchasers of ground floor flats are precluded from using the appurtenant land around the flats except with previous permission of the Chairman, which may be granted subject to such conditions he may impose for such usage.
More than Two storeyed flats:- It is expressly agreed to between the parties that the purchasers of flats other than the ground floor, may jointly use the stair case room. The purchasers of ground floor, are precluded from using the appurtenant land around the flats except with the previous permission of the Chairman which may be granted subject to such condtions he may impose for such usage.
28. It is expressly agreed that the purchaser shall become a member of the Co-operative Housing Society of hire purchaser allottees of the colony on requisition by the Chairman. The purchaser shall be bound by the rules and regulations of the said Co-operative Society.
29. It is agreed to that the purchaser has to secare electric service connection for the flat at his cost and pay the electricity charges direct to the Electricity Department and the owner shall not be liable to pay charges therefor.
30. It is expressly agreed to that the purchaser shall pay to the Chairman water supply charges at a flat rate of Rs.7-00 per month irrespective of the fact whether water is consumed or not in the particular month or months till such time as ependent meter is installed. It is also agreed that the rate is provisional and subject to the revision by the Chairman at his discretion.
31. It is expressly agreed to that the space reserved in the colony for community purpose such as foot paths, passages to the blocks, roads; parks; playgrounds etc., and buildings in the colony set apart for community purposes such as community centres etc., shall belong to the owner. The owner in its discretion may vest the management of any such property to a Corporation of Hyderabad.
32. It is agreed to that the water mains and drainage mains abutting the property shall be the any property of the owner and any person authorised by the Chairman shall have the right to enter the premises to set right any defects to connect, alter or repairs water mains or drainage passing through the premises of the purchaser and the owner at its discretion may transfer their maintenance to the Water Works and Drainage Departments respectively.
In witness hereof Sri _______________________________ Secretary on behalf of and by the order and direction of Chairman and Sri/Smt ___________________________ purchaser have hereunto set their hands.
Signatare of the Owner.
In the presence of witnesses:
1.
2.
Signatare of the Purchaser.
In the presence of witnesses:
1.
2.
SCHEDULE
Description of the Property
H.I.G./M.I.G./L.I.G./E.W.S., house/flat No............................Design............................situated at................................................................................as per the plan appended and bounded by:
East:
West:
North:
South:
Signatare of the Owner.
In the presence of witnesses
1.
2.
Signatare of the Lessee.
In the presence of witnesses:
1.
2.
Office of the
Andhra Pradesh Housing Board
Hyderabad-A.P.
APPENDIX 7 FORM
FORM
FORM 9
(See para 9 of allotment Lr.)
I,____________________________________ S/D/W of _________________ allottee of HIG/MIG/LIG/EWS House/Flat No._________________________ at _________________________ on hire purchase system, hereby nominate my (relationship)__________________________________ Name ________________ Aged ________________ years ___________________ and whose address is _______ as the person to whom the said house/flat shall be transferred in the event of my death,
Signed at _________________________________ this _______________________________ of ____________ 198 .
Specimen signatares of nominee,
1.
2.
Signatare of the Hire Purchase Allottee.
Witness:
Signatare:
Full Name:
Designation:
Address:
REGULATIONS FOR ALLOTMENT ON LEASE CUM SALE OF TENEMENTS AND PREMISES CONSTRUCTED BY THE ERSTWHILE CITY IMPROVEMENT BOARD
In exercise of the powers conferred under Section 71 of the Andhra Pradesh Housing Board Act, 1956 and with the previous sanction of the Government the Andhra Pradesh Housing Board hereby makes the following regulations for the allotment of lease cum sale on tenements and premises constructed by the City Improvement Board, Hyderabad for allotment on rental basis for residential purposes.
Regulation 1
These regulations shall be called the
Regulation 2
The regulations shall take effect from the 23rd June, 1964.
Provided that these regulations take effect from the date of allotment made under the old hire purchase rules in respect of the optee allottee.
Regulation 3
In these Regulations, unless there is anything repugnant in the subject or the context:
(a) "Act" means the Andhra Pradesh Housing Board Act, 1956.
(b) "Allottee" means the person to whom a tenement and premises is allotted under these regulations or optee allottee and includes his legal heirs established by an affidavit executed by the legal heir on non judicial stamp paper of value of Rs.3 duly verified by the executive First Class Magistrate or by a Notary of Public, or established by a Civil Court decree, where the Chairman deems such decree declaring him as the heir of the deceased allottee against the person disputing the fact is necessary.
(c) "Allotment" means allotment of a house on lease cum sale basis under these regulations.
(d) "Cost price" means the cost price fixed by the Chairman for a house under Regulation 14.
(e) "Family" means family of the allotee consisting of husband, wife and children and shall include parents, sisters and brothers as are ordinarily living with the allottee as dependants.
(f) "Form" means the form appended to these regulations.
(g) "Government" means the Government of Andhra Pradesh.
(h) "House" means a tenement and premises to which these regulations are applicable.
(i) "Instalment" means the annual instalment payable by an allottee under these regulations and includes the rent for the house leased to the allottee.
(j) "Old hire purchase rules" means the "Rules" governing the sale of C.I.B. Model houses on hire purchase system or "Regulations for the allotment on lease cum sale basis of certain houses of Hyderabad Housing Board let out on rental basis" sanctioned by Government in their G.O.Ms.No.158 Housing, dated 23-7-1962 as the case may be.
(k) "Optee allottees" means the person to whom a house was allotted under the old hire purchase rules and who has opted to be governed by these regulations.
(l) "Sale price" means the sale price of the house as may be fixed by the Chairman under Regulation 15.
(m) "Schedule" means a schedule appended to these regulations and.
(n) "Tenant" means the person who is in occupation of the house under a rental agreement executed in favour of the Board.
Regulation 4
The houses allotted under these regulations shall be deemed to have been leased to the allottee until the lease is terminated (determined) or the house is conveyed in the name of the allottee in accordance with these regulations.
Regulation 5
(1) Due notice shall be given to the tenants and the allottees under the old hire purchase rules as the case may be in respect of houses offered for allotment regarding.
(a) cost price of the houses.
(b) initial deposit payable at the time of allotment, and.
(c) annual instalment payable for a period of 15 years.
(2) The allottee of a house under the old hire purchase rules shall be required to give an application in Form I for exercise of his option as to whether he wishes to be governed by these regulations within such time as may be fixed in the notice.
Regulation 6
Applications for allotment by a tenant shall be presented in Form No. (I A).
Regulation 7
The applications received shall be entered in a register maintained in Form No.II.
Regulation 8
No allotment shall be made to the applicant who:
(i) owns a house within the municipal limits in his or her name or in the name of his or her name or in the name of his wife or her husband or in the name of any other member of the family living in the house offered for allotment or.
(ii) takes on rent any other house of the Housing Board in his or her name or in the name of any other member of the family living in the house offered for allotment.
Regulation 9
The Chairman shall allot the house unless the application is rejected.
Regulation 10
Within thirty days from the date of receipt of the order of allotment, the allottee shall pay an initial deposit equal to 1/5th of the cost price of the house and rent. If any, dues as per the rental ledgers of the Board. The optee allottee shall pay with in thirty days from the date of receipt of order of allotment an initial deposit equal to 1/5th of the cost price of the cost price of the house and the amounts annual equated instalment of which would have fallen due to the date of order of allotment under these regulations been in force from the date the house was allotted under the old hire purchase rules, but no penal interest shall be payable by the said optee allottee on any amount which could have fallen due prior to the date of expiry of thirty days from the date of receipt of allotment under these regulations.
Provided that:
(a) If the amount paid prior to 23rd June, 1964, is less than the amount found due under these regulations to the date of option, the opteeallottee shall pay the difference to the Board within thirty days from the date of receipt of order of allotment, and such difference shall be deemed to have fallen due for payment on the expiry of thirty days from the date of receipt of order of allotment.
(b) If the amount paid by him prior to 23rd June, 1964, is found to be more than the amount of sale price due under these regulations, the optee allottee shall be eligible for refund.
(c) If the amount paid prior to 23rd June, 1964, is found to be more than the amount due to the Board to the date option under these regulations the optee allottee shall eligible to get such difference adjusted towards instalments payable if any, in future to the Board.
(d) The amount, if any paid by the optee allottee from 23rd June, 1964, to the date of communications of these regulations to the optee, allottee has not fallen due under these regulations the amount may either be adjusted towards future instalments or refunded to the optee allottee as the case may be on an application of said optee allottee.
(e) If an allottee pays the initial deposit on or before 31st March, 1966, the rent paid by him to the Board with effect from 23rd June, 1964, to the date of payment of initial deposit shall be adjusted towards an overdue instalment, if any, and if no instalment fell due or if no amount is due by the allottee under these regulations shall be refunded to the allottee.
(f) If tenant is allotted a house under these regulations with effect from a date prior to 1st April, 1966, the property tax, if any paid by the Board on the house for the period from 23rd June, 1964 to 31-3-1966, shall be recoverable from the allottee and may be adjusted from the amount, if any, due to allottee from the Board.
(g) In case of the sale of houses already affected the allottee should pay 1/15th of the cost price towards initial deposit.
Regulation 11
With in sixty days from the date of receipt or order of allotment the allottee or the optee allottee shall execute and register at his own cost a lease cum sale agreement with the Board in Form No.III.
Regulation 12
If the allottee or the optee allottee fails to pay the Board the amount, execute and register the agreement in accordance with Regulation No.11, the amount shall be cancelled and the amount, if any paid by him shall be forfeited to the Board.
Provided that the Chairman may in his discretion grant extension of time for payment of the amount due for execution and registration of the lease cum sale agreement.
Regulation 13
(A) Notwithstanding anything contained in Regulations 5,6,7,8,9,10,11 and 12 the tenants who have paid the initial deposit on or before 23rd June, 1964, but prior to 1st April, 1966, shall be deemed to have been duly allotted the house, under these regulations. Rent, if any paid by the said allottee for the house for the period from 23rd June, 1961 to the date of payment of initial deposit shall be adjusted towards and overdue instalment, if any, and if no instalment fall due, the amount shall be refunded to the allottee unless it is adjusted towards property tax, if any paid by the Board under Clause (f) of Regulation 10. He shall execute and register his own cost a lease cum sale agreement with the Board in Form No.III within sixty days from the date of receipt of a requisition from the Chairman in this regard. (2) If the allottee fails to execute and register the agreement within the said time of sixty days the allotment shall be cancelled and the amount paid by him shall be forfeited to the Board.
Provided that the Chairman may in his discretion grant extension of time for execution and registration of lease cum sale agreement.
Regulation 14
The cost price of the house shall be in the manner specified in the Schedule. The cost price shall be finalised by the Chairman after getting the area of the plot of the land pertaining to the house measured and revising the land cost included in the cost price with reference to such measurement in accordance with the market value existing on the date of allotment. In respect of house allotted before 5-12-1970 the cost of the land should however be in accordance with the orders issued in G.O.Ms.No.57 Housing, dated 23-6-1961.
Regulation 15 The sale price shall comprise of
(i) initial deposit equal to 1/5th of the cost price payable under Regulation 10 subject to proviso (g) of the said regulation.
(ii) balance of the amount of the cost price together with simple interest therest at 5 1/2% per annum shall be payable in 15 equated consecutive annual instalments worked out in such manner as Chairman may determine with the approval of the Government in respect of optee allottee and allotee.
(iii) penal interest on overdue instalments and other amounts due at 8 1/4% per annum.
(iv) compounding fee, if any levied under the lease cum sale agreement by the Chairman.
(v) difference between the cost price given in the Schedule and cost price finalised by the Chairman under Regulation 14, if the latter is found to be more and which is payable at the time of finalisation of accounts.
(vi) any other amounts due under the lease cum sale agreement, and
(vii) any amount paid by an optee allottee prior to 23rd June, 1964, which is found to be in excess of the amount due under these regulations.
Provided that the Chairman shall revise the sale price suitably so as to restrict the payment of the interest payable under Clause (ii) to the date of payment of the entire balance of sale price only if the allottee pays the entire balance due by him on any given date earlier than the expiry of 15 years period and close his account. Provided further that any amount paid by an allottee or optee allottee on or after 23rd June, 1964, is more than the finalised cost price determined by the Chairman, the difference shall be refunded to the allottee.
Regulation 16
On payment of full sale price, as finally fixed by the Chairman, the house shall be transferred in the name of the allottee. The expenses on account of stamp duty, registration fees and any other incidental charges shall be borne by the allottee.
Provided that no such conveyance shall be effected till the lapse of five years from the date of allotment of the house.
Regulation 16A
On a request made by the unauthorised occupant of a house, the V.C. and H.C. shall, at his discretion and after satisfying the bonafide claim of such unauthorised occupant, transfer the ownership of the house in the name of the present occupant after giving a notification in the news papers calling for objection for the proposed transfer within a stipulated time and subject to levy of penalty as transfer fee from the applicant to the extent of 5% of the sale price of the house.
Explanation:- The term 'sale price' of the house shall mean the sale price paid by the applicant if the purchase was after 1984 or such market price as may be fixed by the V.C. and H.C. shall be binding.
SCHEDULE 1 SCHEDULE
SCHEDULESCHEDULE
(See Regulation 14)
Sl. No.
Locality
Class of house
Rate of land per
Sq.Yard Standard
size of the plot.
Cost of the house
(as amended)
Total
Land
Cost charged for Construction
APPENDIX 1 FORM
FORM
FORM-I
(See Regulation-5)
Application form for allotment of lease cum sale of a house constructed by the erstwhile City Improvement Board on rental basis for residential purpose.
To
The Chairman, Andhra Pradesh Housing Board, Gruhakalpa, Mukarramjahi Road, Hyderabad-Andhra Pradesh.
Sir,
I am tenant allottee of House No..................(Class)............. (Locality) .............
I have studied carefully the terms and conditions of the offer of the said house on lease cum sale to me at the revised cost price Rs............ together with simple interest at 5 1/2% thereon communicated with your notice Roc. No..............dated .......and I do hereby solemnly accept the cost price and sale price and other terms and conditions communicated therein.
I, hereby, declare that I opt for the revised cost price, sale price and other terms and conditions communicated with the said notice Roc. No............. dated ..........and I do hereby request you to allot me the house under the said terms and conditions.
I hereby agree to pay such difference as may be due by me before the execution of the lease cum sale agreement as a result of opting from the old procedure to the revised procedure communicated by you. I agree to pay annual instalments regularly and abide strictly by the provisions of the lease cum sale agreement.
The particulars of my family members are as follows:
Sl.No. Name with father's/ husband Relationship to tenant Age Occupation Annual income Signature or left hand thumb impression
--------------------------------------------------------------------------------I declare that neither I nor of my family member own a house or is a tenant or sub tenant or occupant of any other house.
I declare that the above facts are true.
Yours faithfully, Signature of hire purchase allottee of House No. ------------------ (Class) locality ----------------------------
Executive Magistrate or Notary of the Public.
APPENDIX 1A FORM
FORM
FORM 1-A
(See Regulation-6)
Application form for allotment on lease cum sale of house constructed by the erstwhile City Improvement Board on rental basis for residential purpose.
To
The Chairman, Andhra Pradesh Housing Board, Gruhakalpa, Mukarramjahi Road, Hyderabad-Andhra Pradesh.
Sir,
I am a tenant of House No. (Class) (Locality) constructed by the City Improvement Board, Hyderabad, for allotment on rental basis for residential purposes.
I have studied carefully the terms and conditions of the offer of the said house on lease cum sale basis to me at the cost price of Rs. together with simple interest at 5 1/2% thereon, communicated with your notice Roc. No. dated and hereby accept the cost price and sale price and other terms and conditions communicated with the said notice.
I, therefore, request you to allot me the house on lease cum sale basis with effect from the date of payment of initial deposit of Rs. by me.
I agree to pay the initial deposit equal to 1/5th of the tentative cost of the house and execute a lease cum sale agreement in the form communicated by you, also agree to pay annual instalments regularly and abid strictly by the provisions of the lease cum sale agreement.
The particulars of my family members are as follows:
Sl.No. Name to gether with the name of the father husband. Relationship tothe head of thehire/purchaser allottee. Age Occupation Annual Income Signature of left hand thumb Impression
--------------------------------------------------------------------------------I declare that neither I nor of my family member own a house or is a tenant or sub tenant or occupant of any other house.
I declare that the above facts are true.
Yours faithfully,
Signature of hire purchase allottee of house No. --------------- (Class) locality ------------------------- Executive Magistrate OR Notary of the public
Sl.No. Name of the applicant with father's husband name. Whether he is a tenant orhire purchase allottee under the old rules. Date of receipt of the application Name of the locality and colony
Sl.No. If rejected reasons of rejection Date of payment of initial deposit in the case of tenants together with ledger folio No. Date of payment of difference if any in case of optee allottee together with ledger folio No. No. and date of registered leasecumale agreement Remarks. Signature of Clerk super in tendent/Assistant officer No. 1
--------------------------------------------------------------------------------AFFIDAVIT
I,S/oageyears occupationresident ofdohereby solemnly affirm on oath and state as follows:
1. That the deponent is the allottee of the house bearing No. situated at
2. That the deponent has filed petition giving various information in the same. All those facts are correct to the best of my knowledge and behalf.
3. That the deponent hereby further declares and states that neither the deponent (nor any of the members of the family of the deponent) owns a house. The deponent hereby further declares that neither he nor any member of his family living with him in the house now applied for allotment of the house on hire purchase has taken on rent any other house in his or her name or in the names of any other member of the family living with him in the house. The name and relationship of the members of his family given by the deponent are also correct. Moreover the entries in the application regarding income and eligibility of the applicant to obtain the house are correct.
I do hereby further state that the Housing Board or any of the authorities are entitled to take necessary action against the deponent and prosecute him if the contents of any of the application, agreement etc., are found to be false.
Dated:
Deponent.
The deponent named above who is well acquainted with English read this affidavit who is not acquainted with English the Affidavit was read out to him and explained in Telugu/Urdu/Hindi and who appeared perfectly to understand the same and signed or put his/her name or mark in my presence.
executed before me thisday of 19
First Class Executive Magistrate or Notary of the Public defined in the Notary s Act
APPENDIX 2 Lease-cum-sale agreement
FORM
FORM NO. III
(See Regulation No.II)
Lease-cum-sale agreement
This deed of lease cum agreement for sale executed at this day of..
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of the Andhra Pradesh Housing Board Act 1956, as amended hereinafter called the Act and represented by its Chairman, having the office at Hyderabad, hereinafter referred to as the Lessor (which terms shall,wherever the context so permits, mean and include its successors in interest and assignees) of the one part..and..son daughter wife..residing at..hereinafter called the Lessee (which term shall) wherever the context so permits, mean and includes his her heirs, executors, administrators, legal representative and assignees) of the other part.
Whereas the Lessee has applied to the Lessor for the allotment of a house constructed by the erstwhile City Improvement Board, Hyderabad and now vested in the Andhra Pradesh Housing Board, under the regulations for allotment on lease cum sale of houses constructed by the Ex City Improvement Board.
Whereas the Lessor has agreed to allot the premises bearing Housing Board....No.. (Class) .. (Locality) in all that piece and parcel of the land which together with the building and fittings thereon is herein after referred to as "The property" to the Lessee on terms and conditions hereinafter mentioned.
Whereas the Lessor has further agreed to sell the property to the Lessee on the terms and conditions hereinafter mentioned.
Now this ure witnesseth as follows:-
1. Until such time as the Lessor conveys the property to the Lessee as hereinafter stipulated or until such time as the lease is determined by the Lessor as hereinafter provided the Lessee shall occupy the property as Lessee on terms and conditions hereinafter mentioned and the Lessee shall be deemed to have commenced from....
2. The Lessee pay rates, taxes, cesses and other outgoings, payable in respect of the property to the Government, State or Central or any local body or local authority applicable to tenants who became allottee during the period from 23-6-1964 to 31-3-1966, and any amount paid by the Lessor 31-3-1966 shall be reimbursed by the Lessee to the Lessor and the amount may be adjusted by the Lessor from any amount due to the Lessee by the Lessor or may otherwise be recovered by the Lessor from the Lessee.
3. The Lessee shall pay all charges for consumption of water and electricity on the property.
4. The Lessee shall pay all charges for replacement or repair of any fittings relating to water supply.
5. Until such time as the Chairman of the Lessor finally determines the sale price of the property the Lessee will pay to the Lessor a sum of Rs. ..per annum for fifteen years as instalments towards the balance of the sale price of the property after deducting 1/15th or 1/5th of the cost price, as the case may be, already paid on.. such payment being made on or before the.. day of each.. and the first instalment shall be payable on or before..
6. If is expressly agreed between the parties hereto that the Lessor shall get the area of the plot of the house measured and revised the land cost and the total cost of the house measured and revised and land cost and total cost of the land given in schedule to the regulations in accordance with the actual measurement of the area of the plot of the house and the cost of land as fixed in 1956 and that the final sale price of the house shall be fixed accordingly. If the actual area of the land in found to be more the cost of extra area of land should be collected as per the rate charged under the regulations and similarly if the area is found to be less refund should be made of the difference.
7. The Lessor shall not be responsible for any defects structural of otherwise in the property and the Lessee shall be bound to purchase the property notwithstanding defects, if any, in construction without any claim for compensation from the Lessor.
8. It expressly agreed between the parties hereto that the Lessee is not the owner of the property that he shall have no right either to sell or mortgage otherwise dispose of the property and that the lessee shall not be entitled to claim title hereto until the sale price thereof, as finally determined by the Chairman of the Lessor in his sole discretion and the rents and other amounts payable by the Lessee have been paid and the property is conveyed in the name of the Lessee.
9. The Lessee shall not make any additions or alterations to the property whether permanent or temporary except with the previous written permission of the Chairman of the Lessor till the property is finally transferred to his her name; Any addition or alteration made in contravention of this condition may be got demolished or set right by the Chairman of the Lessor without intervention of the court and cost thereof recovered from the Lessee under Section 53 of the Act. The Chairman of the Lessor may also at his discretion cancel the allotment, forfeit to the Board the sum already paid by the Lessee under this agreement and evict him under Section 52 of the Act. The Chairman of the Lessor may levy compounding fee not exceeding the amount of instalment as may be determined by the Chairman of the Lessor forsuch unauthorised additions and alterations made by the Lessee which in the opinion of the Chairman can be regularised. The lessee expressly undertakes to pay the demolition charges or compounding fee as may be fixed by Chairman as if it were amounts due under the agreement and hereby waives all his right to question the validity of the demand in the court of law.
10. It is expressly agreed to that if the Lessee fails to pay the instalments or other sums due to the Lessor the agreement may be cancelled and the Lessee evicted from the property in accordance with the provisions contained in Section 52 of the Act and all the amount paid by him her under this agreement shall be forfeited to the Board.
11. It is expressly agreed to that in case of cancellation of allotment and eviction of the Lessee from the house or on his her reversion as tenant, the Lessee shall not be eligible to claim the cost of the fittings or additions and alterations made by him to the house at his her cost with or without permission of the Chairman of the Lessor. The Lessee expressly agree that such additions and alterations and fittings shall become the property of the Lessor; the Lessee shall have no claim over them whatsoever.
12. Without prejudice to anything contained in this agreement the Lessee shall pay the Lessor penal interest at 8 1/4% per annum on all over due instalments or portion of such instalments, and other amounts due. Provided that the Lessee shall not be liable to pay penal interest in respect, of any period prior to the date of this ure.
13. Without prejudice to the action that may be taken under Clause 10 and 12 the over due instalments, penal interest and other sums due by the Lessee to the Lessor shall be recovered in accordance with the provisions of Section 53 of the Act.
14. The Lessee shall not be entitled to for any interest on the instalment he may pay in advance of due dates. Such sums will be kept in deposit on the account of the Lessor and adjusted towards instalments and other sums payable by the Lessee as and when they fall due.
15. It is expressly agreed to that if the Lessee fails to pay an over due instalment within eighteen months, the allotment shall be cancelled and the Lessee evicted from the house under Section 52 of the Act.
16. On the Lessee paying the rents, sale price and other amount if any, payable by the Lessee under this ure and on the Lessee duly performing the terms and conditions of the agreement and on such payments and performance only, the Lessor shall convey the property to the Lessee.
17. In all matters of doubt concerning and in respect of this ure the decision of the Chairman of the Lessor shall be final and b ing on the Lessee and any default by the Lessee thereof shall be deemed to be breach of terms of this ure.
18. The Lessee shall pay to the Lessor the sale price after deducting the 1/5th or 1/15th as the case may be of the cost price as intial deposit and instalments already paid by him in annual instalments for a period of....years.
Provided that the Lessee shall be at liberty to pay to the Lessor before the expiry of the said ....years period the balance of the sale price due in one lumpsum and get the property transferred in his her name subject to the condition that the property shall not be so transferred in the name of the Lessee until the expiry of five years from the date of allotment of the house on hire purchase to the Lessee. It is expressly agreed to that the charges for conveyance of the property shall be borne by the Lessee. When the balance of the sale price is paid before the expiry of the stipulated period of fifteen years, the amount of sale price to be paid be revised suitably by the Chairman of the Lessor by reducing the amount of interest to be paid with reference to the period within which the final payment of the sale price is made.
19. The Lessee shall maintain the house annually at his her cost to the satisfaction of the Chairman the Lessor from the date of allotment of the house on lease cum sale basis. If the Lessee does not keep the house duly repaired the Chairman of the Lessor shall give a notice in writing to the Lessee giving reasonable time necessary in his opinion for structural stability of the property. If the Lessee fails to carry out the repairs to the satisfaction of the Chairman of the Lessor within the time prescribed in the repair and the Lessee undertakes to pay the cost of such repairs as may be specified by the said Chairman as an amount due to Lessor under the agreement under Section 53 of the Act.
20. The Lessor agrees to sell subject to the provisions in the regulations the property to the Lessee after expiry of five years from the date of allotment of the house on hire purchase to the allottee and on payment of sale price as the Chairman of the Lessor may at any time hereinafter in the sole discretion fix.
21. The Chairman of the Lessor or any person authorised by him under Section 67 of the Act shall have the right to enter and inspect from time to time the property and the Lessee shall render all assistance and facilities and furnish such information as may be required by the person inspecting the property for the purposes of the regulations.
22. The Lessee shall not assign, sub let or part with or use for any purpose other than residence of his her family whole or any part of property without the previous Senction of the Lessor till the property is finally transferred in his her name. Particulars of the family members of the Lessee are as follows:
Sl.No. Name of the familymember with father's orhusband's name Age Occupation & income Relationship to theLessee. Signature or leftthumb impression incase of minors andchildren. (1) (2) (3) (4) (5) (6)
--------------------------------------------------------------------------------
The Lessee expressly undertakes to report to the Chairman of the Lessor particulars of changes if any in the family members from time to time.
23. The Lessee having Paid asum of Rs.towards initial deposit equal to 1/5th or 1/15th as the case may be of the cost price and instalments payable under regulations to the Lessor on..and the sum is hereby acknowledged by the Lessor.
24. The discretion of the Chairman to fix the cost price and sale price of the property shall be final and b ing on the Lessee and the Lessee shall purchase the property from the Lessor at the said sale price and on the terms and conditions contained herein and the regulations.The Lessee shall under no circumstances be entitled to any accounts or information relating to the cost of the construction or to the cost of amenities or any other items included in the cost price or sale price.
25. The Lessee shall abide by the regulations in force or which may hereinafter be enforced from time to time.
26. Any contravention of any of the terms expressed or implied under this agreement or under the said regulations shall entail:
(i) Cancellation of this agreement.
(ii) Forfeiture to the Lessor of the amounts paid by the Lessee under this agreement.
(iii) Eviction of the Lessee from the property under Section 52 of the Act and
(iv) and revoery of dues if any, to the Lessor from the Lessee under Section 53 of the Act.
27. On cancellation of allotment the Chairman of the Lessor in lieu of eviction of the Lessee under Section 52 of the Act revert the allottee as tenant on such rent as the Chairman of the Lessor may fix at such percentage of the market value of the house as may be prevailing on the date of cancellation of allotment as may be determined by the Chairman of the Lessor.
In witness thereof Sri..on behalf of any by the order and direction of the Chairman of the Lessor and Sri..Lessee have hereunto set their hands.
Signature of the Lessor.
In the presence of witnesses:
1.
2.
Signature of Lessee.
In the presence of witnesses:
1.
2.
Andhra Pradesh Housing Board (Allotment, Management and Sale of HIG, MIG, LIG and EWS Houses or Flats) Regulations, 1997
In exercise of the powers conferred by Section 71 of Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956) the Andhra Pradesh Housing Board, with the previous sanction of the Government hereby makes the following regulation:--
Regulation 1
(i) These regulations may be called the Andhra Pradesh Housing Board (Allotment, Management and Sale of HIG, MIG, LIG and EWS Houses or Flats) Regulations, 1997.
(ii) They shall come into force at once.
Regulation 2
(i) These regulations shall apply to the allotment and sale of houses and flats constructed by the Andhra Pradesh Housing Board under HIG, MIG, LIG and EWS housing schemes and to those housing schemes entrusted by the Government on such terms and conditions as the Government and the Board may agree.
(ii) No Housing Scheme shall be taken up, unless the land on which the houses are proposed to be constructed is conveyed to the Andhra Pradesh Housing Board.
Regulation 3 Definitions
In these regulations unless the context otherwise requires:--
(a) "Act means the Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956).
(b) "Allottee" means the person to whom a house or flat is allotted under these regulations and includes his legal heirs.
(c) "Allotment" means allotment of a house or a flat under these regulations.
(d). Applicant" means a person who has applied for allotment of house under these regulations.
(e) {"Costing and Project Management Committee" means a Committee constituted from time to time for fixing the estimated cost price or sale price or the final cost of the House or Flat or Plot as the case may be as required under Regulation 5(i) read with Regulation 23 and Regulation 34.} (Subs. by G.O.Ms.No. 38 Housing dt. 22-4-2000)
(f) "Family" means a family of the allottee consisting of husband, wife, ,minor children and dependent parents.
(g) "Flat" means a portion of a building along with proportionate notional undivided share of land on which the flat is constructed which is delineated as dwelling unit.
(h) "From" means Application Form for allotment under these regulations prescribed by the Vice-Chairman and Housing Commissioner.
(i) "Government" means the Government of Andhra Pradesh.
(j) "House" means a dwelling unit whether detached or part of a building under these regulations and includes a flat.
(k) "Hire Purchase Deposit" means a deposit to be paid by the applicant at the time of submission of application for allotment of a house or flat etc., bearing no interest, to the adjusted in subsequent payments.
(l) "Hire Purchase System" means the system in which a participant take steps to secure rights in a property under any scheme referred to in Regulation 2 by payment of hire purchase deposit and also a specified number of equated instalments or the, entire amount due to be paid, as the case may be during which he remains to be a tenant on terms and conditions subject to which a house is allotted under these regulations.
(m) "Income" means the aggregate income regularly derived by the applicant at the time of application.
(n) "Instalment" means monthly or bimonthly or quarterly or half-yearly or annual instalments as payable by the allottee spread over upto 10 years in respect of HIG, MIG and upto 15 years in respect of LIG, EWS houses or flats.
(o) "Scheme" means 'Housing Scheme' referred to in Regulation 2.
(p) Words used in these regulation but not defined shall have the same meaning as assigned to them in Andhra Pradesh Housing Board Act, 1956.
Regulation 4
The Board may subject to the provisions of these regulations allot houses to persons who agree to purchase on outright sale or on hire purchase system in the manner provided in these regulations.
Regulation 5
(i) The Board for the purpose of allotment of houses shall issue a notification published in one English paper and two other Telugu Papers, prescribing such terms and conditions as may be fixed by the Vice-Chairman and Housing Commissioner which includes the estimated cost price of the house, plinth area, plot area, locality in which scheme is proposed or constructed, Earnest Money Deposit payable, last date for receipt of application, percentage of reservation, category of houses and their percentages, under out-right sale or hire-purchase etc., as may be deem fit by the Vice-Chairman and Housing Commissioner.
(ii) The last date for submission of application for serving defence personnel shall be 15 days later than the date fixed for the general public.
Regulation 6
(i) The applicant should submit the application along with certificates as specified in the Application Form.
(ii) Every applicant should deposit 15% Earnest Money Deposit through Demand Draft drawn in favour of Andhra Pradesh Housing Board on any scheduled bank along with the application and the said Earnest Money Deposit shall be adjusted towards the cost of the house.
Regulation 7
(i) If the information furnished by the applicant is found to be false at any time, the allotment shall be cancelled and the entire amount paid by the allottee shall be forfeited and the house shall become the property of the A.P. Housing Board.
(ii) Lots shall be drawn in the manner specified in Regulation 16 keeping in view the reservations within 3 months from the last date of receipt of applications.
(iii) After drawal of lots, further losts shall be drawn to an extent of 25% as waiting list.
(iv) In case the Housing Board could not conduct lots within three months from the last date of receipt of applications, it shall pay simple interest fixed by the scheduled banks for Savings Account from time to time, till the allotment of house or withdrawal or cancellation of scheme.
(v) The applicants who are successful in the lots under out-right sale category should pay 85% of the balance amount within three months from the date of intimation by the Housing Board.
(vi) In case, of allotment under hire-purchase category, the allottee should pay 15% within three months and another 10% within six months, from the date of intimation, excluding Earnest Money Deposit of 15% paid by the applicant. The balance 60% of the cost of the house shall be payable by the allottee in equated instalments as fixed by the Housing Board in respect of the houses allotted under this category.
(vii) In case the allottee, after allotment of house fails to pay further amount as demanded by the Housing Board, Earnest Money Deposit shall be refunded duly forfeiting 50% of the amount paid by the applicant or 15% of the cost of notified house whichever is less.
Regulation 8
(i) If any applicant applies for more than one category, i.e., out-right sale or hire-purchase category and got allotment in both the categories, shall surrender voluntarily the hire-purchase category of house within one month from the date of lots. In case of failure to surrender the house within one month from the date of lots, the entire amount paid by the applicant in both the categories shall be forfeited duly cancelling the allotment.
(ii) No application shall be accepted by the Housing Board after expiry of the due date specified in the notification.
Regulation 9
On receipt of the application the Executive Engineer (Housing), shall enter each application in a Register maintained for the purpose in the order in which each application is received and shall pass receipt to the applicant in token of having received the application.
Regulation 10
The applications received against a particular notification shall not be transferred to any other scheme and all the unsuccessful applicants of that notification should take back their Earnest Money Deposit.
Regulation 11
The following principles shall be observed, while making the allotment of houses by drawal of lots among the eligible applicants for a particular category of house in any particular locality.
(i) 60% of the houses be earmarked for outright sale and 40% of houses be earmarked for hire-purchase in respect of Urban and Urban Agglomeration Areas in the State of Andhra Pradesh and
(ii) 40% of the houses be earmarked for out-right sale and 60% of houses be earmarked for hire-purchase in respect of other than Urban and Urban Agglomeration Areas in the State of Andhra Pradesh.
Provided that if there is no response to out-right sale category, the balance houses in that category shall be converted and allotted under hire-purchase category.
Regulation 12
(i) 3% of the house offered for sale either by hire purchase or out-right sale shall be reserved for Defence personnel in the following order of priority in respect of High Income Group, Middle Income Group and 2% in respect of Lower Income Group and Economically Weaker Section.
(a) Widows or other dependents of Defence and Border Security Force Personnel who have been killed in action;
(b) Disabled defence and Boarder Security Force Personnel who are invalidate and out of service;
(c) Gallantry Award winners of the Defence and Boarder Security Forces;
(d) Ex-defence and Ex-Border Security Force Personnel; and
(e) Serving Defence and Boarder Security Force Personnel.
(ii) 22 per cent of the houses offered for sale either by hire purchase or out-right sale shall be reserved for allotment by lots among Scheduled Castes and Scheduled Tribes in ratio 16:6;
(iii) 3 per cent of the houses offered for sale either by hire-purchase or out-right sale shall be reserved for Member of Legislative Assembly, Members of Parliament of Andhra Pradesh and allotted by drawals of lots in respect of High Income Group, Middle Income Group houses.
(iv) 10 per cent of the houses offered for sale either by hire-purchases or out-right sale shall be reserved for allotment by drawal of lots among State Government Servants, and such of the retired Government Servants who have retired on or after 1-4-1976 including Employees of Quasi Government, Local Bodies and other Public Institutions under the control of the Government.
(v) 9 per cent of the houses offered for sale either by hire-purchase or by out-right sale shall be reserved for allotment by drawal of lots, to the applicants belonging to Backward Classes in respect of Middle Income Group, and 11% in respect of Low Income Group and Economically Weaker Section houses.
(vi) One per cent of the houses offered for sale either on hire-purchase or on out-right sale shall be reserved for each of the following categories of applicants - (1) Physically handicapped and (2) Freedom fighters.
(vii) The remaining 51 per cent shall be allotted among the remaining applicants, and
(viii) In all above allotments 30 per cent shall be reserved for women.
Regulation 13
Houses constructed under the scheme shall be allotted only to those applicants who are eligible under the scheme. Where there are no sufficient number of applicants for given category, the balance houses under the said category so reserved shall be converted and allotted to general category.
Regulation 14
The Executive Engineer shall first scrutinise and list out the eligible applicants from the total number of the applications received and registered before the specified date.
Regulation 15
The Executive Engineer shall forward all the applications so scrutinised to the Secretary, Andhra Pradesh Housing Board within one week from the last date of receipt of applications for final scrutiny. The Secretary shall within one week scrutinise and confirm the eligible and ineligible applications. The list of eligible applicants shall be displayed in the Notice Board which shall not be earlier than 15 days after publishing the list of ineligible applicants on the Notice Board.
Regulation 16
(i) A notice specifying the date, time venue of the drawal of lots shall be intimated to all the eligible applicants 10 days before the drawal of lots either individually or through notification published in daily news papers, as the case may be.
(ii) Lots shall be drawn separately for houses earmarked for out-right sale and on hire purchase system in the presence of applicants who are present.
(iii) The Vice-Chairman and Housing Commissioner shall have powers to permit mutual exchange of houses under the same category of house in that particular scheme on the request made by the allottees.
Regulation 17
(i) Lots shall be drawn in respect of reserved quota first and the applications remaining after drawal of lots shall be added to the general pool and then the lots drawn for the general pool.
(ii) Houses set apart for reserved quota as referred to above, and which remain surplus after allotment shall be added to the general pool.
Regulation 18
The lists of successful applicants including waiting list shall be displayed on the Notice Board of the Executive Engineer concerned.
Regulation 19
The following principles shall be observed in selecting the applicants for allotments. No application shall be considered if the applicant:
(i) Owns a house any where in the Urban areas and Urban Agglomerations in the State of Andhra Pradesh either in his or her name or in the name of his or her husband or wife, as the case may be, or in the name of his or her minor children.
(ii) The income ceiling limits does not fall within the income ceiling limits fixed by the HUDCO or as the case may be by the Vice-Chairman and Housing Commissioner from time to time for the different categories of High Income Group, Middle Income Group, Lower Income Group and Economically Weaker Section Schemes.
Regulation 20
After the allotment of house or flat is finalised, the Vice-Chairman and Housing Commissioner or any Officer authorised by him in that behalf shall issue an allotment letter in the prescribed form subject to such terms and conditions as may be specified therein.
Regulation 21
On receipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellations or refuses the allotment, the Earnest Money Deposit shall be forfeited as specified in regulation 7(vii). In case of unsuccessful or applicants in the waiting list, the Earnest Money Deposit shall be refunded in full.
Regulation 22
(i) The Housing Board shall complete the construction of houses in a particular scheme as per the design and notify the date of completion either individually or through press or both that the houses are ready for occupation and the allottee shall enter into an agreement for sale with the Housing Board on or before a specified date, from which date the liability or payment of instalment commences.
(ii) The allottee should execute the agreement for sale within one month from the date of notice to the effect that the house is completed and ready for occupation, and on failure to execute the agreement within prescribed time the allotment shall be cancelled and the entire amount paid by the allottee shall be forfeited.
(iii) The balance equated instalments worked out on the diminishing value, includes interest. On delayed payments of instalment one and half times over and above normal rate of interest shall be payable by the allottee. If the allottee pays instalments in advance equivalent to two annual instalments, the same shall be adjusted against the outstanding principal amount and the instalments will be rescheduled on the balance outstanding principal. This provision also applies to the houses already allotted prior to these regulations.
(iv) The allottee shall pay al rates, taxes, cesses or other charges payable to the Government or Local authority as demanded by them from the date of notification specified in sub-clause (1).
(v) The allottee shall continue as tenant of Andhra Pradesh Housing Board till such time the house is conveyed through a registered sale deed.
(vi) The allottee shall not make any additions or alterations or sublet, transfer, mortgage, etc., of house or flat without the permission of the Andhra Pradesh Housing Board.
(vii) If there is any contravention by the allottee of any of the terms expressed or implied under these regulations or application, or agreement for sale, it shall be lawful to the Andhra Pradesh Housing Board to evict the allottee or as the case may be, the occupant of house duly cancelling the allotment or resume the house, and forfeit the entire amount paid by the allottee.
(viii) The allottee shall abide by the regulations in force or modified from time to time.
(ix) The Government Servants whether Central or State who have been allotted a house are permitted to mortgage the said house in favour of Central Government, State Government, Life Insurance Corporation or any Government recognised loan advancing institution, as the case may be, with the permission of the Vice-Chairman and Housing Commissioner. In such an event the Board shall have the first charge on the said house or flat.
Regulation 23
The tentative cost price or sale price of the house shall comprise of --
(i) The market value of land as fixed by the Costing and Project Management Committee, probable cost of development charges, such as external and internal amenities, formation of roads, dust proof surfacing, open spaces, parks and play grounds, places for community use, water supply, drainage, electricity, etc.
(ii) The cost of civil works.
(iii) Supervision charges on construction at such rates as the Vice-Chairman and Housing Commissioner, fixed from time to time, and
(iv) Interest at such rate and for such period, as may be fixed by Vice-Chairman and Housing Commissioner.
Regulation 24
{(i) The Costing and Project Management Committee is empowered to fix the tentative cost price or sale price of the house or flat or plot, as the case may be, as prescribed in Regulation 23 before issue of initial notification under Regulation 5(i) and also to fix the final cost of the house, flat or Plot, as the case may be, taking into consideration the estimated cost price notified under Regulation 5(i), any claim petition filed by the owner of the land in Land Acquisition Cases, the amount involved in Arbitration if there be any or any other claim in connection with the scheme, to be collected from the allottees to enable the Executive Engineer to register the property in favour of the allottees.} (Subs. by G.O.Ms.No.39 Housing, dt. 22-4-2000)
(ii) The final cost of the house shall be fixed within six months after the date notified in Clause (1) of Regulation 22 by the Costing and Project Management Committee duly taking into account of actual costs incurred under various items of project.
(iii) On getting approval of final cost from the Costing and Project Management Committee, revised instalments shall be fixed to the allottees.
Regulation 25
The responsibility for the maintenance and keeping in good condition of independent house shall rest with the allottee from the date of agreement for sale with the Housing Board. In case of flats, the allottee should form a Committee or an association for the maintenance of Flats in good condition. In case if any flats are vacant in a block, the Board will also join as a member with the Committee or the Association till such time that all the flats are disposed off by allotment.
Regulation 26
The maintenance of external water supply and drainage will be done by the Board upto a maximum period of six months from the date of allotment. Thereafter, it is responsibility of the local authority to maintain these amenities and on failure the allottees should form and Association and take over the maintenance. The Board shall hand over open spaces reserved for Park and Play Grounds to the concerned local authority within six months from the date specified under Clause (i) of regulation 22.
Regulation 27
(i) On payment of sale price as finally fixed, the house shall be transferred in the name of the allottee by executing a "Conveyance Deed" at his cost.
(ii) The allottee shall submit nomination in the prescribed form in favour of his or her family member. In case of death in harness the house or flat shall be transferred in favour of the nominee. However, the allottee is at liberty to change the nomination during his life time.
Regulation 28
(i) In case there is no response to the first notification issued inviting applications for allotment of houses, the Vice-Chairman and Housing Commissioner shall allot those houses on the request made by the general public on first-cum-first served basis dispensing with the drawal of lots in respect of houses constructed in the State in places other than the twin cities of Hyderabad and Secunderabad.
(ii) In case there is no response for two notifications issued for a second time for allotment of houses in twin cities of Hyderabad and Secunderabad, the Vice-Chairman and Housing Commissioner shall allot those houses on first-cum-first served basis dispensing with drawal of lots.
(iii) In respect of vacant houses subsequent to cancellation of allotment in default of payment of instalments or dues and for any other reason, a fresh notification shall be issued for such vacant houses available in twin cities of Hyderabad and Secunderabad and for the rest of the areas the houses shall be allotted on first-cum-first served basis.
Regulation 29
The cost of application for allotment of house or flat and agreement for sale shall be payable by the allottee as per the rates fixed by the Vice-Chairman and Housing Commissioner from time to time.
Regulation 30
The other terms and conditions not specifically mentioned herein; but contained in the application and in the agreement for sale which are not in derogation to the law of transfer of property in force may be read as part and parcel of these regulations.
Regulation 31
The Andhra Pradesh Housing Board (Allotment, Management and Sale of Middle Income Group Houses) Regulations, 1975, the Andhra Pradesh Housing Board (Allotment, Management and Sale of Low Income Group Houses) Regulations, 1975, the Andhra Pradesh Housing Board (Allotment, Management and Sale of Economically Weaker Section Houses) Regulations, 1975 and the Andhra Pradesh Housing Board (allotment, Management and sale of High Income Group Houses) Regulations, 1977 are hereby repealed. If there is any inconsistency or repugnancy between the present regulations and the previous regulations mentioned above, the decision of the Vice-Chairman and Housing Commissioner shall be final and binding on the applicant or allottee, as the case may be.
Regulation 32
In all matters which are not specifically provided for in these regulations the decision and the action of the Vice-Chairman and Housing Commissioner is final and binding.
ANDHRA PRADESH HOUSING BOARD (ALLOTMENT OF GARAGES) REGULATION, 1980
In exercise of the powers of the powers conferred under Section 71 of Andhra Pradesh Housing Board Act 1956 (Act XLVI of 1956) and with the previous sanction of Government the Andhra Pradesh Housing Board makes the following regulations namely;
Regulation 1
These regulation may be called the Andhra Pradesh Housing Board (Allotment of garages) Regulation 1980.
Regulation 2
These regulation shall apply to such of the garages ; which have been constructed owned or managed by A.P. Housing Board.
Regulation 3
(1) in these regulations, unless the context otherwise requires. "Act" means Andhra Pradesh Housing Board Act 1956. "Board" means Andhra Pradesh Housing Board. "Government" means Government of Andhra Pradesh. "Garage" means Garage, constructed owned or managed by Andhra Pradesh Housing Board. "Allottee" means the person to whom a house is allotted on rent under these regulations. "Allotment" means allotment of a garage on rental basis or on outright sale or on hire purchase system under these regulations. "Hire purchase system" means system in which a participant takes steps to secure rights in property under any scheme referred to in Regulation 22 by payment of hire purchase deposit and also a specified number of equated instalments, spread over a period of specified number of years during which he remains a tenant on terms and conditions set out for that purpose and on the expiry of the said period and after complying with other terms and conditions under these regulations ceases to be a tenant and becomes an owner on payment of all dues". " Family" means family of allottee consisting of husband, wife and children and including parents, sisters and brothers as are ordinarily living with the allottee as dependent. " FORM " means a form appended to these regulations. "RENT" means the monthly rent payable by an allottee towards hire charges of the garage as may be fixed and revised by the Chairman from time to time having due regard to the cost of construction or the proper return due on the market value of the garage or any other principle which the Board may lay down from time to time and to the charges involved for the maintenance, taxes and management of the garage.
(2) Words used but not defined shall have the same meaning as assigned to them under Andhra Pradesh Housing Board Act 1956.
(3) (Omitted as per G.O. Ms. No. 24 Housing M.A.U.D. (H) dt. 13th June, 1985)
Regulation 4
Whenever any garage is ready or vacant, the Board may notify it for allotment on rent if the garage is located in a commercial complex or in an institutional complex and on out right sale basis or on hire purchase system if the garage is located in a residential colony of the Board.
Regulation 5
The Board shall issue a notice in the manner specified in Regulation 6 and 6-A for inviting applications from the persons in need of garages from among the persons who are holding the Housing Board houses flats of H.I.G. or M.I.G. Category only on out right sale or on hire purchase system in respect of colonies and from the tenants in respect of commercial complexes institutional complexes".
Regulation 6
The notice shall specify the location of the garage available for allotment, the amount payable as earnest money, the last date for submission of application and such other particulars as the Chairman may consider necessary.
Regulation 6A
The publication of notice shall be made in three News papers having wide circulation one each in Telugu, Urdu and English.
Regulation 7
(1) Printed or Cyclostyled copies as the case may be of these regulations and Lease Deed attached thereto will be made available separately if demanded, to the public at a price fixed by the Chairman.
(2) A person desirous of securing allotment shall apply in the Form obtained from the Office of the Board or any other place and on payment of such cost as may be fixed by the Chairman which is not refundable.
(3) "Every applicant shall satisfy the Chairman by furnishing necessary particulars and proof that he needs a garage for an automobile owned by him".
Regulation 8
(1) A person who is already an allottee of a garage on rental basis on hire purchase system in the city or town where the garage is located and whose allotment has not been cancelled shall not be eligible for allotment.
(2) A person who owns a garage in his her name or in the name of his wife husband or minor children in the city or town where the garage is situated shall not be eligible for allotment.
Regulation 9
Every applicant shall deposit or cause to be deposit
(i) the earnest money of Rs. 1,000 in respect of garages located in residential colonies or
(ii) earnest money of two months rent as may be specified in the notice in respect of garages located in commercial complexes, institutional complexes or
(iii) such amount as may be specified in the notice through a challan at the State Bank of Hyderabad, Gruhakalpa Branch, Mukarramjahi Road, Hyderabad. The applicant should produce evidence of having vehicle of his own along with the C Book. The earnest money can also be remitted by means of a demand draft in favour of the Secretary, Andhra Pradesh Housing Board in the case of garages in the twin Cities or in favour of the Regional Housing Engineer concerned in case of garages in the districts obtained from any Scheduled Bank in Andhra Pradesh. The challan or demand draft may be enclosed to the application form.]
Regulation 10
On receipt of the applications, the Secretary shall enter each application in a register maintained for these purposes in Form 2 in order in which each application is received and shall pass a receipt to the applicant in token of having received the application.
Regulation 11
The Chairman may select the applicant for allotment of Garage advertised by drawal of lots. *[.........]
Proviso omitted as per U.D. 24H, 2 M.A, G.O. Dt. 13th June 85.
Regulation 11A
The garage allotted shall be used exclusively for the purpose of keeping motor vehicles only;]
Regulation 12
The decision of the Chairman in respect of allotment shall be final.
Regulation 13
On request by the applicant, the Earnest Money Deposit may be refunded at any time before the drawal of lots and his name shall be deleted from the register of applications.
Regulation 14
The Earnest Money Deposit shall be refunded to the applicant if no allotment is made in his favour.
Regulation 15
The Secretary shall first scrutinise the applications and list out the applications forms the total number of applications received and registered before the specified date.
Regulation 16
The Secretary, shall have power to make enquiries, call for informations from any person whosoever, demand document or evidence in the form of an affidavit or otherwise from the applicant and do any other thing which he considers necessary to scrutinise the applications.
Regulation 17
Any application which is incomplete in any respect is liable to be rejected.
Regulation 18
(a) The Chairman shall make arrangements for drawal of lots from among such of the eligible applicants who are owners or allottees of the Housing Board houses on hire purchase basis in the Housing Board colony where the garage is located. After list of such candidates is exhausted, lots will be drawn among other eligible applicants.
(b) The lots shall be drawn 33 1/2% excess of garages available from allotment.
(c) Lots shall be simultaneously drawn in respect of garages and applicants and the number of applicants who have succeeded in the lots shall be arranged indicating the garage which has been drawn by lots against that applicant. The excess number of applicants drawn by lots shall be kept under reserve.
(d) The Lists as per the lots drawn up shall be published at the Office of the Board or such other places as may be specified by the Chairman.
Regulation 19
In case no application is received in response to the notification, the Chairman, at his discretion may allot the garage to any one of the applicants who may come forward to take the garage on rent, on terms and conditions notified dispensing with drawal of lots or re notify the garage for inviting applications under Regulation (4).
Regulation 20
After the allotment of garages is finanlised, the Chairman will issue an allotment letter in Form 3 informing the allottee, that the garage is allotted to him her on the terms and conditions specified in the letter asking him to call at the office of Housing Board or any other place as may be specified therein and complete the formalities within the period specified in the letter.
Regulation 21
The allottee shall not be eligible for allotment of another garage except in exchange which the Chairman may permit at his discretion and subject to such conditions as he may specify.
Regulation 22
(1) Within 15 days from the date of receipt of allotment letter the allottee shall:
(i) Deposit or cause to be deposited at the office of the Chairman or any other place that may be specified by him a sum equal to 4 months rent of the garage allotted as security deposit inclusive of the earnest money deposit already made; and
(ii) furnish such additional security as the Chairman may demand for the payment of rent and.
[(iii) Execute the rental deed in Form 4 in respect of garages allotted on rental basis and execute the agreement for sale, lease cum sale in the form prescribed under hire purchase regulations for houses;
(iv) In case of allotment by out right sale or hire purchase, the allottee shall pay the estimated cost in full or 30 of the estimated cost on allotment and in the latter case the balance of 70 in twelve yearly instalments"
(2) If the allottee fails to make the required payment and also to execute the rental deed as specified in sub regulation (1) of the Regulation 23; the allotment shall be cancelled and the earnest money deposited by him shall be forfeited to the Board.
Regulation 23
(1) After the required payment as specified in Regulation 22 has been made and the required agreement in Form 4 or other prescribed form also has been duly executed, possession of the garage shall be given to the allottee and the allottee shall be issued handing over letter in form (5) for receiving possession as set out in the said letter.
(2) The rent or hire purchase instalment shall be charged from the date of execution of the rental deed or hire purchase agreement;
Regulation 24
The allottee shall execute a rental deed in Form (6) and register it at his own cost before of the date of expiry of the period of rental deed in form (4) failing which he shall be liable for eviction apart from payment of damages and other dues with he she is liable to pay under the Act.
Regulation 25
The allottee shall pay advance of one month's rent if he she takes possession of the garage on or before of the 15th of the calendar month or half a month s rent if he she takes the possession after the 15th of the said calendar Month.
Regulation 26
(a) A tenant shall be liable to pay rent at such a rate as may be revised and refixed by the Chairman from time to time, but no enhancement of rent shall be given effect to by the Chairman unless a month s notice is given to the tenant of such enhancement. Every tenant shall execute a fresh rental deed whenever rent in enhanced by the Chairman, within the time specified by him in this behalf, failing which it shall be lawful to evict the tenant.
(b) A tenant shall be liable to pay interest at 12 per annum or at such rate of interest as may be revised from time to time, on over due rent.
Regulation 27
Notwithstanding anything in these regulations, on a month s notice the allotment may be cancelled by the Chairman, when:
(i) The Chairman requires the Garage to be vacated for the use of the Board.
(ii) There is a violation of any of the regulations in force or the terms of agreement or rental deed executed under the regulations.
(iii) The period covering the agreement under Regulation (28) executed by the tenant expires; and
(iv) if the tenant keeps the Garage vacant or under lock for more than four months without obtaining the prior permission of the Chairman.
(v) If the tenant dies.
(vi) If the tenant defaults in the payment of rent lawfully due from him for a period of four months.
Regulation 28
(1) On cancellation of the allotment of a garage under Clause (iv) or (v) of regulation 27, the Chairman, notwithstanding anything contained in these regulations may allot the garage to one of the members of the family of the late or extennant subject to such conditions as may be laid down regarding payment of penalty and arrears of rent.
(2) When the claimants for the transfer of allotment are parents, sisters, brothers or any of the relative they shall have to so establish.
Regulation 29
On cancellation of the allotment of a garage under Clause (vi) of Regulation 27 the Chairman, not withstanding anything contained in these regulations may restore the tenancy on payment of arrears together with interest thereon subject to such conditions as he may lay down regarding payment of penalty which may extend to six months rent.
Regulation 30
Notwithstanding anything contained in these regulations the Chairman may accord permission on request from tenant to fix up elec. connection, water supply connection or drainage connection in the garage at the expense of the tenant and in which case the tenant shall execute an agreement to the effect that whenever he vacates the garage he shall not either claim ownership over these connections or remove them or claim the costs of the aforesaid connections.
Regulation 31
Notwithstanding anything contained in these regulations, it shall be always open for the allottee to apply to Chairman for conversion of allotment of the garage on hire purchase basis. The Chairman, may, in case the allottee is not in arrears of rent ; at his discretion approve the allotment of the garage on hire purchase basis such application of the allottee, in which case the A.P. Housing Board (Allotment Management and Sale of Low Income Group Houses) Regulation 1975 shall, from the date of receipt of allotment letter on hire purchase basis, mutatis Mutandis apply for initial payment of the estimated cost execution of lease cum sale agreement and payment of hire purchase instalment and other matters provided therein.
Regulation 32
In these regulations any refence to "rent" or "on rent." "on rental basis" shall be construed to include on hire purchase or "on out right purchase basis" unless the context otherwise requires.
APPENDIX 1 Application form for the Allotment of A Garage on rental Basis
FORM (See Regulation 7)
FORM-1 (See Regulation 7)
Application form for the Allotment of A Garage on rental Basis.
To
The Chairman, A.P. Housing Board, "Gruhakalpa" M.J. road, Hyderabad-500 001 A.P.
Sir,
I request you to allot me a Garage in ............
I enclose herewith challan or Demand Draft Receipt No ................... dated ................ for Rs .................in token of having deposited the earnest money.
Particulars relating to my name, profession etc., are furnished below :
1. Name of the applicant.
(in block letters).
2. Father's/Husband's name.
(in block letters)
3. Occupation.
4. Full address.
5. Date of Birth supported by a Certificate.
6. Annual income of the applicant and sources of income from ;
7. 1. Profession :
2. Houses :
3. Lands :
4. Other Income :
8. Particulars of family of the applicant in the form noted below:
Sl No.. Name of the familymember Relationship with theapplicant Age Occupation
I declare that I do not own a garage either in my name or in the name of my wife husband or minor children in the city town and where the Garage is situated and that the particulars given above are true to the best of my knowledge.
I further declare that no Garage of the Housing Board has been previously allotted to me either on rental basis or on hire purchase system.
Applicant,
Station:
Date :
Certified that I know the applicant personally and that the particulars given above are true to the best of my knowledge.
GAZETTED OFFICER
or
M.P., M.L.A., or M.L.C.
List of Enclosures:
(1)
(2)
(3)
(4)
APPENDIX 2 FORM
FORM (See Regulation 10)
FORM-2 (See Regulation 10)
SL.No. Name of the applicant with Father's/Husband's name with age. Occupation and address Date of receipt of application Receipt Number E.M.D., C.D.R./Challan No.,& Date Annual Income Remarks 1 2 3 4 5 6 7 8
APPENDIX 3 Allotment Letter Office of the Andhra Pradesh Housing Board
FORM (See Regulation 20)
FORM-3
(See Regulation 20)
Allotment Letter
Office of the Andhra Pradesh Housing Board
Gruhakalpa, Mukarrmajahi Road, Hyderabad-1
Letter No. Dated:
Sub: Accommodation - Housing Board garage - Allotment of Garage No........... at .................... on Rental basis-Orders-Issued.
Ref: Application dated ..............
-oOo-
Garage No ................. at .......... it allotted to Sri/Smt. .............. on the basis of drawal of lots conducted on ............ at ................. on a monthly rent of Rs. .................. .
1. The allotment is provisional and liable to be cancelled on a month s notice.
2. The allotee should pay four month's rent, as security deposit inclusive of the earnest money deposit already made within 15 days from the date of receipt of the allotment letter.
3. The allottee shall execute a rental deed in Form 4 within 15 days from the date of receipt of the allotment letter after payment of the security deposit, failing which the allotment shall be cancelled and earnest money deposit paid by the applicant forfeited to the Board.
4. After the expiry of the period of the Rental Deed he shall execute a registered Rental Deed in Form 6 at his own cost within the time that may be specified by the Chairman, failing which the allotment shall be cancelled and he will be liable for eviction.
5. The allottee should furnish a personal surety at the time of execution of the rental deed.
6. One month's rent should be paid in advance at the time of executing the rental deed, and thereafter the rent should be paid on or before 15th of each month.
7. No portion of the Garage should be sub-let.
8. Electric Bills, water and other charges if any shall be borne by the allottee and paid promptly to the concerned departments.
9. No additions or alterations should be made to the house flat without the prior permission of the Chairman.
10. Rent is chargeable from the date of execution of the rental deed.
11. For violation of any of the terms and conditions of the Rental deed the allotment of the house flat made to the allottee is liable to be cancelled and action will be taken for eviction.
for CHAIRMAN .
To
Sri/Smt. ...........................
...........................
...........................
APPENDIX 4 Rental Deed
FORM [See Sub Regulation [iii] of Regulation 22]
FORM-4
[See Sub Regulation [iii] of Regulation 22]
Rental Deed
Rental deed executed by ............................ Son/Daughter/Wife Sri .......................... aged ....... years, Occupation .................... and resident of .......... on ................
I declare that I have taken on rent garage No ...................... Situated in ........... and belongs to the A.P. Housing Board, hereinafter called the Board keeping automobile on a monthly rent of Rs ........... subject to the following terms and conditions.
1. I am to pay in advance the prescribed rent on of before 15th of every month. I promise to pay penal interest at 12 [twelve percent] per annum or at such rate of interest as may be revised from time to time on over due rent.
2. I agree to pay penalty at such rate as set out in regulations, I shall pay all charges for consumption of water and electricityI shall also pay all charges for replacement or repair of any fittings relating to water supply, drainage and electric. Fittings etc. in the garage. I shall be responsible for keeping the drains clean.
3. In case I fail to pay the rent or should thereby any arrears outstanding against me, the Board may recover the same under the provisions of A.P. Housing Board Act, XLVI of 1956.)
4. The rent for the said garage shall be charged from the date of execution of the rental deed.
5. This rental deed is executed to cover a period of 11 months from the date of execution of rental deed. Before the expiry of the said period I shall execute a rental deed duly registered at my cost in form 6. In case I case fail to do so before the expiry of the said period, I shall be liable for eviction under the provisions of the Act.
6. On vacation of the charge, the cash security deposited in the accounts of the Board shall be refunded to me after adjusting therefrom dues if any payable by me to the Board.
7. I shall vacate the garage on one month s previous notice in following circumstances.
(a) When the Chairman of the Board requires the garage to be vacated.
(b) It there is breach on my part of any of the terms of this rental deed.
(c) When the monthly rent is not paid in the Office of the Board on or before the due dates.
(d) If I fail to comply with the rules and regulations in force or which may be enforced from time to time.
8. I shall not sub let the garage, take any one as partner therein or give in possession to any one else. In case I do so, my claims over the garage as tenant will cease and the illegal occupier as well as myself will be liable to eviction. The damages assessed under the Act shall be paid by me.
9. I shall not keep any cattle or birds, ducks or any other animals which render the Garage filthy. In case of necessity previous permission would be obtained from the Chairman of the Board.
10. I shall always keep the garage neat and clean and free from rubbish and under hygenic principles.
11. I shall not install tin or any other shed.
12. I shall not undertake any construction involving additions alterations or repairs to the garage without the prior permission of the Chairman. In case I do so I will pay the charges incurred in demolition thereof.
13. I shall not plant any trees likely to destroy the structure or do cultivation in the premises of the garage. Neither will I act intentionally nor unknowingly in such a manner as to cause damages to the garage. If I do so, the cost of repairs of the damage as may be assessed by the Chairman of the Board will be borne by me.
14. I shall not do or permit other person to do anything in the above garage which may cause inconvenience to neighbours or residents of the locality.
15. I shall not claim refund of the advance rent of the month in which I vacate.
16. I shall abide by the instructions given to me from time to time by the Board or its Chairman, should a person authorised by the Chairman desire to inspect the garage, I and my dependents who may be present at the time, shall extend every possible coperation and facility for inspection on a previous notice or twenty four hours.
17. In case I keep the garage locked for more than four months continuously without intimating the Chairman, A.P. Housing Board the allotment shall be cancelled and I shall be liable for eviction.
18. If there shall have been in the opinion of the Chairman of the Board (whose decision shall be final and binding) any mistatement or any concealment of material facts in the application given by me in the prescribed form the allotment shall be cancelled and I shall be liable for eviction.
19. In case I wish to vacate the garage I will inform the Chairman of the Board of my intention, a month in advance and cause the water tap and electric installations in the house to be inspected. If damage has been caused to the house or the fittings therein on any account, the compensation charges shall be met from my deposit and in case the said charges exceed the amount in deposit the balance shall be paid by me.
20. I shall not use the garage for any purpose other than keeping automobiles.
21. The particulars of members of my family are given below :
SL.No. Name of the familymember Relationship with theapplicant Age Occupation 1. 2. 3. 4. 5.
22. I shall execute a fresh agreement within the time specified by the Chairman if and when rent is enhanced by him and if I fail to do so I shall be liable to be evicted from the house.
In witness whereof the lessee has put his signature hereunder on the day any year first above written.
Signature of the lessee.
Witnesses:
1.
2.
SECURITY
I stand security to ......... and agree that if she does not pay the rent any time and arrears of rent have to be paid, I shall pay the same myself, failing which it may be recovered from my person and property.
Signature of surety.
Witnesses :
1.
2.
APPENDIX 5 FORM
FORM (See Regulation 23)
FORM-5 (See Regulation 23)
Office of the Andhra Pradesh Housing Board, Gruhakalpa , M.J. Road, Hyderabad-500 001.
Letter of Possession
Letter No. Dated :
Sri/Smt. ......................
......................
......................
Sri,
Sub :- Accommodation - Housing Board Garage - Allotment of Garage No ............................. at ........................ rental baisis - Orders of possession issued - REGARDING
Ref :- Allotment Letter No .................. Dated ...............
Whereas Garage No ................at ................. was allotted to you vide reference cited and whereas you have complied with the conditions set out in the allotment letter, you are requested to present yourself before .......................... who is authorised to handover possession to you of the Garage No. ................... at ............. in the morning at site or any working day.
You are requested to give receipt to the above mentioned Officer in the accompanying from.
Yours faithfully,
for CHAIRMAN
Receipt by the Lessee to be Given Through the officer Handing over the Property in Pursuance of the Letter of Possession of Garage
No ................ AT ...................
From :
.....................
.....................
To
The Chairman, A.P.Housing Board, Hyderabad.
Sir,
I have duly take over possession on ................... through ................ Engineer of your Board at ....... of Garage No ........................ located at ...................
Yours Faithfully,
( )
Place:
Date: (Tenant of Garage No..............
at....................
APPENDIX 6 Rental Deed
FORM [See Regulation 24]
FORM-6 [See Regulation 24]
Rental Deed
Rental deed executed by ............................ Son/daughter/Wife of Sri .................. aged ............. years, Occupation ............. and resident of .......................
I declare that I have taken on rent garage No .................. Situated in ............. and belongs to the A.P. Housing Board, hereinafter called the Board keeping automobile on a monthly rent of Rs. .......... subject to the following terms and conditions.
1. I am to pay in advance the prescribed rent on or before 15th of every month. I promise to pay penal interest at 12 [twelve percent] per annum or at such rate of interest as may be revised from time to time on over due rent.
2. I agree to pay penalty at such a rate as set out in Regulation 27 at the time of restoration of tenancy.
3. If the house is fitted with electricity and water tap installations, I shall pay all charges for consumption of water and electricity, I shall also pay all charges for replacement or repair of any fittings relating to water supply drainage and electricity fittings etc., in the house flat. I shall be responsible for keeping the drains clean.
4. In case, I fail to pay the rent or should thereby any arrears outstanding against me, the Board may recover the same under the provisions of A.P. Housing Board Act 1956 (Act. XLVI of 1956)
5. The rent for the said garage shall be charged from the date of execution of the rental deed.
6. On vacation of the house the cash security deposited shall be refunded to me after adjusting therefrom dues if any payable by me to the Board.
7. I shall vacate the garage on one month s previous notice in following circumstances.
(a) When the Chairman of the Board requires the garage to be vacated.
(b) If there is a breach on my part of any of the terms of this rental deed.
(c) When the monthly rent is not paid in the Office of the Board on or before the due dates.
(d) If I fail to comply with the rules and regulations in force or which may be enforced from time to time.
8. I shall not sub let the garage, take any one as partner therein or given in possession to any one else. In case I do so, claims over the garage as tenant will cease and the illegal occupier as well as myself will be liable to eviction. The damages assessed under the Act shall be paid by me.
9. I shall not keep any cattle or birds, ducks or any other animals which render the garage filthy. In the case of necessity previous permission would be obained from the Chairman of the Board.
10. I shall always keep the garage neat and clean and free from rubbish and under hygenic principles.
11. I shall not install in or any other shed.
12. I shall not undertake any construction involving additions, alterations or repairs to the garage without the prior permission of the Chairman. In case I do so, I will pay the charges incurred in demolition thereof.
13. I shall not plant any trees likely to destroy the structure to do cultivation in the premises of the garage. Neither will I act intentionally nor unknowingly in such a manner as to cause damages to the garage. If I do so, the cost of repairs of the damage as may be assessed by the Chairman of the Board will be borne by me.
14. I shall not do or permit other person to do anything in the above garage which cause inconvenience to neighbours or residents of the locality.
15. I shall not claim refund of the advance rent of the month in which I vacate.
16. I will abide by the instructions given to me from time to time by the Board or its Chairman, should a person authorised by the Chairman desire to inspect the garage, I and my dependents who may be present at the time, shall extend every possible cooperation and facility for inspection on a previous notice of twenty four hours.
17. In case I keep the garage locked for more than four months continuously without intimating the Chairman, A.P. Housing Board the allotment shall be cancelled and I shall be liable for eviction.
18. If there shall have been in the opinion of the Chairman of the Board (whose decision shall be final and binding) any mistatement or any concealment of material facts in the application given by me in the prescribed from the allotment shall be cancelled and I shall be liable for eviction.
19. In case I wish to vacate the garage I will inform the Chairman of the Board of my intention, a month in advance and cause the water tap and electric installations in the garage to be inspected. If damage has been caused to the house or the fittings therein on any account, the compensation charges shall be met from my deposit and in case the said charges exceed the amount in deposit the balance shall be paid by me.
20. I shall not use the garage for any purpose other than keeping automobiles.
21. The particulars of members of my family are given below :
This statement may be enclosed in the separate sheet.
Sl.No. Name of thefamilymembers Relationshipwith me Age Occupation Signature orthumb impression 1 2 3 4 5 6
22. I shall execute a fresh agreement within the time specified by the Chairman if and when rent is enhanced by him and if I fail to do so, I shall be liable to be evicted from the house.
In witness whereof the lessee has put his her signature hereunder the day and year first above written.
Signature of the lessee.
Witness:
1.
2.
Security
I stand security to Sri/Smt. .............. and agree that if he she does not pay rent any time and arrears of rent have to be paid I shall pay the same myself, failing which it may be recovered from my person and property.
Signature of surety.
ADDRESS OF SURETY.
Witnesses :
1.
2.
ANDHRA PRADESH HOUSING BOARD (ALLOTMENT, MANAGEMENT AND SALE OF LOW INCOME GROUP HOUSING) REGULATIONS, 1975
In exercise of the powers conferred by Section 71 of Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956) the Andhra Pradesh Housing Board, with the previous sanction of the Government, hereby makes the following regulations, namely
Regulation 1
These regulations may be called the Andhra Pradesh Housing Board (Allotment Management and Sale of Low Income Group Housing) Regulations, 1975.
Regulation 2
(1) These regulations shall apply to the allotment of sale of houses and flats constructed by the Andhra Pradesh Housing Board under Low Income Group Housing Scheme with following sources,
[(2)(a) These regulations shall also apply to allotment sale for houses and flats constructed under any of the following schemes on such terms and conditions as may be specified by Government by an order the mode of allotment of houses constructed under such scheme, shall nowithstanding naything contained in this regulations also specified therein.
(i) Other special housing schemes for Low Income Group entrusted to the Board by Government for execution for the exclusive benefit of members of co operative society of Government employees or group of employees of Insitutions, Corporation or Companies and
(ii) Any other Low Income Group Housing Scheme entrusted to the Board and approved for the purpose of these regulations by the Government by an order.
(b) No scheme under Clause (a) shall be taken up by the Housing Board unless the land on which the houses are proposed to be constructed conveyance deed.
(2) These regulations shall also apply to allotment and sale of houses and flats constructed under:
(i) other special Housing Schemes for low Income Group executed by the Housing Board for exclusive benefit of members of a co operative society of Government Employees or group of Employees of Institutions Corporation or Companies; and
(ii) any other low Income Group Housing Scheme entrusted to the Board and approved for the purpose of this regulation by the Government.]
Regulation 3 These Regulations shall come into force at once. Definitions
(1) In these regulations unless the context otherwise requires:
(a) 'Act' means the Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956).
(b) 'Allottee' means the person to whom a house is allotted under these regulations and includes his legal heirs established by a certificate issued by a competent revenue authority not below the rank of an Executive Magistrate or by a Civil Court Decree where the Chairman deems such decree necessary declaring him the heir of the deceased allottee against the person disputing the fact or a nominee who is a member of his family.
(c) 'Allotment' means allotment of a house under these regulations;
(d) 'Applicant' means a person applying to the Board for allotment of a house under these regulations;
(e) 'Estimated Cost Price' means the estimated cost price of a house fixed by the Chairman under Regulation 23.
(f) 'Family' means a family of the allottee consisting of husband, wife and minor children and shall include parents, sister, brothers and other children as are ordinarily living with the allottee as dependents.
(g) 'Flat' means a portion of a building which can be delicated with definite outline on a plan and which can be definitely marked on site and which is a dwelling unit and can be allotted as such under these regulations;
(h) 'Form' means a form appended to these regulations.
(i) 'Government' means the Government of Andhra Pradesh;
(j) 'House' means a dwelling unit whether detached semi detached or part of row, which can be allotted as a unit along with its land under these regulation and shall also include a flat.
(k) "Hire Purchase Deposit" means non interest bearing advance payment made by the applicant in a lumpsum or in instalments for securing by hire purchase a house under a scheme on terms and conditions set out for the purpose.
(l) "Hire purchase system" means a system in which a participant takes step to secure rights in a property under any scheme referred to in Regulation (2) by payment of hire purchase deposit and also a specified number of equated instalments, spread over a period of specified number of years during which he remains a tenant on terms and conditions set out for the purpose and on the expiry of the said period and after complying with other terms and conditions under these regulations ceases to be a tenant and becomes an owner on payment of all dues;
(m) "Income" means the aggregate income regularly derived by the applicant from his occupation, trade, business or employment or any calling or source, constituting normal means of livelihood;
(n) "Instalment" means annual instalments as payable by an allottee under these Regulations,
(o) "Sale price" means the sale price of house as may be fixed by the Chairman under Regulation 24,
(p) "Scheme" means a Low Income Group Housing Scheme referred to in Regulation 2.
(2) Words used in these regulation but not defined shall have same meaning as assigned to them in Andhra Pradesh Housing Board Act, 1956 (Act XLVI) of 1956).
Regulation 4
(1) The Board may subject to the provisions of these regulations, allot houses to persons who agree to purchase them in accordance with these regulations.
(2) The disposal of the houses shall be effected either by allotment on outright sale or hire purchase system in the manner provided in these Regulations.
Regulation 5
(1) The Board for the purpose of allotment of houses shall issue a notice published in the manner specified in Sub regulations (2) for inviting applications before a date specified therein.
(i) for registration of name for allotment in case the construction of house yet to be taken up under a scheme; OR
(ii) for allotment of house constructed by the Board under a scheme referred to in Regulation (2).
(2)
(a) Notwithstanding anything contained in these regulations the Board may also specify the form of application in respect of a category referred in sub regulation and fix the fee for registering the application. The allotment of house for that category, shall be by drawal of lots from such of the applicants only, who have already got their names registered and any reference in these regulations shall means a reference to the applicants who had already registered their names and the fee for registration shall be treated as earnest money deposit for the purpose of these regulations.
(b) The notice shall specify the location of house available for allotment either on hire purchase system, or outright sale, the estimated cost price of the house the class of persons including persons serving in the Defence Services and those belonging to Scheduled to in and Scheduled Tribes for whom the number of houses in the scheme referred Castes Regulation 2 is reserved the amount payable as earnest money as provided in Regulation 6 the last date for submission of application and such other particulars as the chairman may consider necessary. The notice shall also state the amount of initial payment provided that the last date for submission of application by Defence personnel shall be one month later than the date fixed for other applicants.
(c) The notice shall be published in not less than three daily news papers published in the main languages, i.e., of English, Telugu and Urdu having wide circulation in the State.
(d) A prospectus in English, Telugu or Urdu along with application form shall also be published which may be obtained by any person at the Office of the Board or any other place on payment of such cost as may be specified by the Chairman which is not refundable in which the layout plan of the area, design and specification of the house and copy of these regulations as well as the form of application and the agreement are made available.
Regulation 5A
(1)
(a) Notwithstanding anything contained in these regulations, it shall also be open to the Board to select the applicants who have registered their names under Sub regulation (1) (ii) of Regulation 5 by drawal of lots, participate in the scheme in the manner determined in Clause (b) for such places as may be specified by the Board;
(b) Lots shall be drawn in the manner specified in Regulation 16 among such of the eligible applicants who have registered their names under Sub regulation (1) (i) of Regulation 5 for participation in the scheme to the extent of the number of houses to be constructed under the scheme, keeping in view the reservation set out in the Regulation 12.
(c) After the drawal of lots under Clause (b) further lots may be drawn to an extent of 33 1/3% of the number of houses to be constructed under a particular scheme.
(2) Those applicants who have come out successfully in the lots shall within a period of one month from the date of receipt of intimation letter (which shall be issued in Form 3 and hereinafter called in these regulation as intimation letter) shall pay to the Housing Board 10% of the estimated cost of the house another 10 of the estimate cost of the house within 5 months from the date of receipt of intimation letter and further 10% of the estimated cost of the house within 9 months from the date of receipt of the intimation letter.
Provided that the Vice-Chairman and Housing Commissioner may in his discretion grant extension of time normally subject to a maximum period of six months or in the case where advanced are applied for from the Departments or their employer, to the extent necessary, for the payment of 30% cost subject however to payment of penal interest at one and a half times the rate of normal interest on the delayed payments.
(3) The balance 70% of the estimated cost of the house shall be paid in equated instalments spread over a period specified by the Board under Sub regulation (3) of Regulation 24.
(4) After the flat house is completed and ready for occupation, the Chairman shall;
(a) assign the flat house by drawal of lots from among the participants selected under Sub regulation (1):
(b) intimate the allottee to make payments as specified in Regulation 22 and execute Lease cum sale agreement as specified therein.
(5) The allotment made under Sub regulation (4) shall be deemed to be an allotment under these regulations"
Regulation 5B
Notwithstanding anything contained in Regulation 5-A (2), the Board shall be competent to collect 30% of the estimated cost in respect of houses whose construction is completed as follows, namely:-
(i) 10% of the estimated cost within 30 days from the date of receipt of the allotment letter.
(ii) Another 10 of the estimated cost within 2 months from the date of receipt of the above referred intimation letter.
(iii) Further instalment of 10% of the estimated cost of the house within 30 days from the date of receipt of the occupation and offering possession of the same.
Regulation 6
Every applicant shall deposit or cause to be deposited an earnest money amount equivalent to 10% of the notified cost of the house flat applied for as may be specified in the notice by the Chairman, according to the type design and cost of the house, through a challan at the extension counter of the State Bank of Hyderabad situated in Gruhakalpa, Mukarramjahi Road, Hyderabad, or some other place which the Chairman may specify in notice. The earnest money can also be remitted by means of a Demand Draft in favour of the Secretary, Andhra Pradesh Housing Board, Mukarramjahi Road, Hyderabad obtained from any scheduled Bank in Andhra Pradesh. The Challan or Demand Draft obtained to cover up the earnest money may be enclosed to the application form.
Regulation 7
Application for allotment shall be presented in form 1 A, I and I C as the case may be. The applicant shall follow the instructions contained in Form 2. The applicant shall be accompanied by a statement containing the names of family members, the aggregate annual income of the applicant, the present address where the applicant and the members of his family reside. The applicant shall also send along with the application a statement to the effect that he does not own a house or plot within the limits of the Concerned municipality in his name or in the name of his wife or minor children.
Regulation 8
The earnest money shall be refunded to the applicant if no allotment is made in his favour.
Regulation 9
No application shall be accepted by the Chairman or any officer authorised by him in that behalf unless it is received on or before the date specified in the notice and applicant furnishes the statements referred to in Regulation 7, produced evidence in support of the aggregate income indicated in the statement and pays the earnest money as provided in the notice published under Regulation 5.
Regulation 10
On receipt of the application under Regulation 7 the Secretary shall enter each application in a register maintained for the purpose, in the order in which each application is accepted and shall pass receipt to the applicant in token of having received the application.
Regulation 11
(1) The Chairman or any officer authorised by him in that behalf may select the applicant for allotment of house advertised by drawing lots as provided by Regulation 12. The decision of the Chairman shall be final.
(2) Notwithstanding anything contained in these regulations, the Chairman may in special and deserving cases, recommend to the Government which shall be supported by a resolution of the Board, for allotment of certain houses constructed under the scheme referred to in Sub regulation (1) of Regulation 2 in favour of the occupants of the house which were demolished for purposes of development of housing schemes in the lands acquired from them including their old houses. The decision of the Government is final in such matters and any allotment done based on Government orders, shall be deemed to be an allotment under this regulation.
Regulation 12
(a) The following principles may be observed, while making the allotment of houses by drawal of lots among the eligible applicants for a particular design of house in any particular locality.
(i) Fifteen Percent of the houses be earmarked for outright sale;
(ii) Fifteen percent of the houses be earmarked for allotment on hire purchase system to those who deposit 50% of the estimate cost price, as initial deposit.
(iii) Seventy percent of the houses be earmated for allotment on hire purchase system to those who deposit 20% of the estimated cost price as initial deposit. If there is no response to categories (i) (ii) above, all the houses shall be converted and sold on hire purchase system to those who deposit 20 of the estimated cost price.
(b) 2% of the houses offered for sale either by hire purchase shall be reserved for Defence Personnel and allotted in the following orders of priority.
(i) Widows or others dependents of Defence and B.S.F. personnel who have been killed in action; or who die while in service.
(ii) Disabled Service and B.S.F.personnel who are invalidated and out of service:
(iii) Gallantary Award winners of the Defence and BSF Forces.
(iv) Ex-service men and Ex-BSF personnel and,
(v) Serving Defence and BSF personnel
(c) 18% of the houses offered for sale either by hire purchase or outright sale shall be allotted may be reserved for allotment by lost among applicants as follows:
1. Scheduled Castes 14%
2. Scheduled Tribes 4%
(d) 15% of the houses offered for sale either by hire purchase or outright sale shall be reserved for allotment by drawal of lots to applicants belonging to the Backward Class.
(e) 10% of the houses offered for sale either by hire purchase or outright sale shall be reserved for allotment by drawing lots among State Government servants, and such of the retired Government servants who have retired on or after 1-4-1976 including Employees of semi Government, Local Bodies and other public Institutions under the control of the Government, in the following order of priority :
(a) Retired Government servants who have retired on or after 1-4-1976.
(b) Government servants.
(f) 2% of the houses offered for sale either on hire purchase or on out right sale shall be reserved for each of the following categories of applicants:
(a) Physically handicapped
(b) Freedom fighters.
(g) The remaining 51 per cent shall be allotted among the remaining applicants.
Regulation 13
Houses constructed under the scheme shall be allotted only to those applicants who are eligible under the scheme:
Provided that where there are no sufficient number of applicants for the reserved tenements, the balance number of tenements so reserved shall be deemed to have been allotted to those to be allotted under Clause (g).
Regulation 14
The Secretary shall first scrutinise and list out the eligible applications from the total number of applications received and registered before the specified date.
Regulation 15
(a) The Secretary shall have power to make enquires, call for information from any person whomsoever demand documents and evidence in the form of an affidavit or otherwise from the applicant and do any other thing which he considers necessary to scrutinise the application.
(b) Any application which is incomplete in any respect is liable to be rejected.
Regulation 16
(a) The Chairman shall make arrangements for drawal of lots among all the eligible applicants. A notice of not less than seven days, specifying the date, time and venue of the drawal of lots shall be given to all eligible applicants. Any inadvertant omission to send the notice or non receipt of notice by any applicant, shall not vitiate due drawal of lots.
Provided that it shall be competent for the Chairman to dispense with such individual notice being sent, in case the applications received are in large numbers and give notice atleast 7 days in advance through a notification specifying a date time and venue of the drawal of lots in not less than 3 daily news papers published in the main languages viz., Telugu, Urdu, and English having wide circulation in the State and by making announcements in the All India Radio and Television stations in the State
(b) Lots shall be drawn separately for houses earmarked for outright sale and for allotment on hire purchase system designwise and Locality wise in respect of each scheme in presence of such of the Members of the Housing Board and the eligible applicants who may be present at the time of drawals of lots.
(c) Lots shall be simultaneously drawn and recorded in respect of houses and applicants and the number of applicants who have succeeded in the Lots shall be arranged indicating the house number which has been drawn by lots against that applicant.
Provided that the V.C. and H.C. shall have powers to permit mutual exchange of same category of houses flat in the particular scheme in furtherence of a request for exchange made by the respective allottees.
(d) After the drawal of lots under Clause (c) further lots may be drawn to an extent of 33 1/3% of number of houses available for allotment in respect of categories.
(e) The Chairman shall prepare an allotment register and enter each the names of allottees in accordance with the record kept under Clause (c) against the house allotted to the allottee.
Regulation 17
(i) Lots shall be drawn in respect of reserved quota first and the applications remaining after drawal of lots shall be added to the general pool and then the lots drawn for the general pool.
(ii) Houses set apart for reserved quota as referred to in Regulation (12) and which remain surplus after allotment shall be added to the general pool.
Regulation 18
The lists as per lots drawn up shall be published at the office of the Board or such other places as may be specified by Chairman or any officer authorised by him in that behalf.
Regulation 19
The following principles shall be observed in selecting the applicants for allotments. No allotment shall be made if the applicant:
(i) owns a house *[any where in the Urban Areas and Urban Agglomerations in the State of A.P. either] in his or her own name or in the name of his her husband wife as the case may be, or in the name of his or her minor children.
(ii) has monthly income exceeding Rs.1.050 to 2,200
(iii) has not got the requisite paying capacity:
Provided that the Chairman may in his discretion for sufficient reasons relax any of the provisions of this regulation in favour of any applicant.
Regulation 20
After the allotment of house is finalised, the chairman or officer authorised by him in that behalf shall issue an allotment letter in Form '3-A' Form '3-B' or Form '3-C' as the case may be informing the allottee that the house is allotted to him on the terms and conditions specified in the letter and asking him to call at the office of the Housing Board or any other place specified therein and complete the formalities within the period specified in the letter.
Regulation 21
On receipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellation or refuses the allotment, the earnest money deposit shall be forfeited.
Regulation 22
(1)
(i) In case of allotment by outright sale as referred in regulation 12(a)(i) the allottee shall pay the estimated cost in full and also execute an agreement for sale in Form 5 on a non judicial stamp paper prescribed for agreements within 30 days from the date of receipt of the allotment letter.
(ii) In case of allotment under hire Purchase system as referred to in Regulation 12(a)(ii), the allottee shall pay 50 and the estimated cost and also execute lease cum sale agreement with the Board in Form 6 on non judicial stamp paper prescribed for agreements within thirty days from the date of receipt of the allotment letter.
(iii) In case of allotment on hire purchase system as referred to in Regulation 12(a)(iii) the allottee shall pay 30 of the estimated cost and also execute lease cum sale agreement with the Board in Form (6) on non judicial stamp paper prescribed for agreements within thirty days from the date of receipt of the allotment letter.
(2) After the required payment as specified in Sub regulation (1) of Regulation 22 is made and the required agreement in Form 5 or Form 6, as the case may be, has also been duly executed, possession of the house shall be given to the allottee and a letter in Form 7 shall be issued to the allottee for receiving possession of the house.
(3) If the allottee fails to make the required payment as specified in Regulation 22(1) and also to execute the required agreement in Form 5 or Form 6, as the case may be the allotment, shall be cancelled and the earnest money deposited by him shall be forfeited to the Board. Provided that the Chairman or any officer authorised by him in that behalf may in his discretion grant extension of time for the required payment and also for execution of the agreement. *[Normally subject to a maximum period of six months or in the cases where advances applied for from the departments or their employers to the extent necessary subject, however to payment of penal interest at one and a half times the rate of normal interest on delayed payments.]
Regulation 22A Notwithstanding anything contained in regulation 19 and 22, the VC and HC shall be competent to
(i) refund EMD (advance payment) in full without any deduction to the applicants who are in waiting list.
(ii) refund the EMD (advance payment) deposited by the allottees, in respect of applicants who have refused the allotment within the time precribed in allotment letters.
(iii) deduct in the case of: HIG a sum of Rs.2000/- MIG a sum of Rs.1000/- LIG a sum of Rs. 200/- EWS a sum of Rs.100/- or 20 of the amounts paid which ever is more in case the allottee either fails to pay instalment or instalments in time or requests for the refund of the amounts paid by him.
Regulation 23
(1) The estimated cost price of a house shall comprise of -
(i) The cost of land,
(ii) the cost of development which shall include external amenities such as formation of roads, provisions of dust proof surfacing, open space, parks, play grounds, etc., and laying of mains for water supply, drainage and electricity and places for community use, etc.
(iii) The cost of civil works.
(iv) The cost of internal amenities such as water supply, drainage and electricity.
(v) Supervision charges on construction and provision of amenities etc., at such rates as the Board may fix from time to time; and
(vi) Interest at such rate and for such period as may be fixed by Board on the total of Clauses (i) to (iv) from the date of drawal of loan for construction of the houses.
(2) Notwithstanding anything contained in the notices inviting application or the agreement executed by the allottee, if after receipt of final bills for the construction of houses or payment of interest on the amount of loans taken for the construction of such houses or after final determination of the cost of land, and development of land or for expenditure incurred for supervision, the Chairman or any officer authorised by him in that behalf considers it necessary to revise the estimated cost price, already specified in the notice or agreement, he may do so and determine of the final cost price payable on allotment and all allottees in relation to the houses aforesaid shall be bound by such determination and they shall pay the difference if any between the final cost price as determined and the price paid by them including price paid in lumpsum.
Provided that it shall be open to the Vice Chairman and Housing Commissioner, Andhra Pradesh Housing Board to call upon the allottee, through a notice to pay a particular amount, over and above the initial deposit or instalments already paid or payable to meet the escalation in the cost price (either due to increase in the cost of labour or materials etc. or due to delay in the execution of the scheme or even otherwise) pending the determination of final cost price before a particular date specified in the notice. The Vice Chairman and Housing Commissioner shall have the discretion to issue any such notice at any time either during the execution or after the completion of the scheme. Any failure to pay the amount specified in the notice shall entail cancellation of the allotment and resumption of the premises.
(3) The final fixation of sale price should be done within two years from the date of allotment of the house. The said period may however be extended by Government in the case of such of the houses whose final cost cannot be fixed within two years prescribed because the matters relating to land compensation or the payment of final bills to the contractors are pending in the Court.
Regulation 24
(1) In case of allotment by outright sale referred to Regulation 12 (a) (i) the sale price shall comprise of the estimated cost price and enhanced amount if any under Regulation 23(2).
(2) In case of allotment on hire purchase system the sale price shall comprise, of:
(i) 50% of the estimated cost price in case of allotment under Regulation 12(a)
(ii) or 20% of the estimated cost price in case of allotment under Regulation 12(a) (iii) as the case may be; and
(ii) the balance of 50% or 70% of the estimated cost price together with interest thereon at such rates as may be fixed by the Board calculated for the period specified by the Board and enhanced amount if any under Regulation 23(2).
(iii) contingencies at such rates as may be fixed by the Board; and
(iv) incidental charges at such rates as may be fixed by the Board from time to time.
(3) Total of Sub clauses (ii), (iii) and (iv) of Sub regulation (2) shall be payable by the allottee in equated instalments spread over a period specified by the Board.
(4) The earnest money deposit paid along with the application shall be adjusted towards 50% or 20% of the estimated cost under Regulation 22.
Regulation 25
In consonance with these regulations and in pursuance of the provisions of lease cum sale agreement in Form 6 on taking possession of the house,the responsibility for the maintenance and keeping in good condition of the house and the services shall rest with the allottee. In case the allottee fails to maintain and keep the house in good condition the maintenance shall be done by the Board at the expense of allottee.
Regulation 26
In consonance with the regulations and in pursuance of provisions of the lease cum sale agreement in Form 6 all rates, taxes, charges assessment and other levies of whatsoever shall be paid directly by the allottee.
Regulation 27
(1) On payment of sale price as finally fixed, the house shall be transferred in the name of the allottee or any member in his family on a request made in writing by the allottee indicating the compelling reasons therefor and on acceptance of such request by the Chairman by executing a conveyance deed,
provided that such member of the allottee family is otherwise eligible for allotment of house under these regulations. On such transfer being effected the transfer shall not be eligible for allotment of a house. The expenses on account of stamp duty, registration fee and any other incidental charges shall be borne by the allottee.
Provided that no such transfer shall be effected till the lapse of five years from the date of giving possession of the house to the allottee.
(2)
(i) Nothing contained in Sub regulation (1) shall prevent the Government servant, who has been allotted a house to mortgage the said houses in favour of the Central Government, State Government, Life Insurance Corporation of India or any loan advancing institutions, as the case may be, immediately on payment of provisional sale price of the allotted house, even before the transfer of the house in his name and before the expiry of five years from the date of taking possession of the house, subject, however, with the prior permission of the Vice Chairman and Housing Commissioner of the Housing Board.
(ii) In case the sale price has not been finally determined the allottee shall give (a) an undertaking to pay to the Housing Board such excess amount as may be determined towards the final cost in terms of sub regulation (2) of Regulation 23, (b) shall deposit in cash such amount as may be fixed by the Chief Executive to meet the excess demand that may become payable after determination of final cost and (c) also furnish security from two permanent employees of the Institution of equal or higher status where the allottee is employed.
(3) In case of allotment on hire purchase system the allottee shall remain a tenant of the Board, till such time as the house is conveyed in the name of the allottee and shall have no other right except that of a tenant.
Regulation 28
Where there are no applications or in case where the Housing Board is not able to get adequate number of applications for allotment in any locality other than the cities of Hyderabad, and Secunderabad in response to a notification issued under the said regulations, all such houses shall be renotified for a second time and if still no applications or adequate number of applications for all the renotified houses are received such houses and also such of the houses in respect of which the allottes fail to complete the formalities required under the said regulations on allotment and take possession of the houses may with the previous approval of the Government be allotted to any other dispensing with the procedure prescribed in the said regulations subject to such terms and conditions as the Government may impose.
Regulation 29
The provisions contained in these regulations shall mutatis mutandis apply to allotment of flats, provided that the lease cum sale agreement shall be executed by the allottee in Form 8.
Regulation 30
The Regulations governing the allotment and sale of houses constructed under the Low Income Group Housing Schemes formulated by the Government of India, which are now in force shall with effect from the date of coming into force of these Regulations cease to apply to any allotment and sale made hereafter in respect of houses and flats constructed by the Andhra Pradesh Housing Board under the Low Income Group Housing Schemes referred to in Regulation 2.
APPENDIX 1A FORM 1A
FORM
Andhra Pradesh Housing Board.
OUTRIGHT SALE
FORM 1-A (See Regulation 7)
Application Form for the allotment of a House Flat on outright sale constructed under Middle Low Income Group Housing Scheme referred to in Regulation 2.
To
The Vice-Chairman & Housing Commissioner, Andhra Pradesh Housing Board, "Gruhakalpa", Mukarramjahi Road, Hyderabad-500 001 (A.P.)
Sir,
I request you to allot me a house flat constructed under M.I.G. L.I.G. Housing Scheme, the design and locality in which it is situated are indicated below:
Name of the locality Type design
I have read the regulations relating to the allotment of house by the Board and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclose a Challan No..Dated..19..in token of having deposited the required earnest money of Rs..
1. Full name of the applicant (in block letters)
2. Father's/Husband's name (in block letters)
3. Full address (in block letters)
(i) Present
(ii) Permanent
4. Date of birth/age Supported by authenticated documents.Persons whose date of birth is not recorded shall enclose age Certificate obtained from any Gazetted Officer.
5. Occupation
6. Whether the applicant already owns a house in his name or in the name of his wife or husband or in the name of minor child. If not a Certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories mentioned in Regulation 12, and if so a Certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
8. Annual Income of the applicant and sources of such income.
(a) Profession of Occupation.
(b) Rent of Property, Viz., mulgies, shops etc.
(c) From lands.
9. I hereby declare that the information given by me in the above application is true and correct and if it is later on noticed to be false or untrue, my appli- cation under reference and all other applications, if any should be treated as cancelled and if I have been successful in getting a house on the basis of false or untrue information the allotment may be treated as void abinitio.
Date....19..
Address: (in block letters)
Signature of the applicant.
Assistant Estate Officer
APPENDIX 1B FORM 1B
FORM
Andhra Pradesh Housing Board
FORM 1-B
(See Regulation 7)
Allotment on Hire Purchase System (Fifty per cent of the Estimated Cost Price Hire Purchase Deposit)
Application Form for the allotment of a House Flat on Hire Purchase System constructed under Middle Low Income Group Housing Scheme referred to in Regulation 2.
To The Vice-Chairman & Housing Commissioner, Andhra Pradesh Housing Board, "Gruhakalpa", Mukarramjahi Road, Hyderabad-500 001 (A.P.) Sir,
I request you to allot me a house flat constructed under M.I.G. L.I.G. Housing Scheme, the design and locality in which it is situated are indicated below:
Name of the locality Type design
I have read the regulations relating to the allotment of house by the Board and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclose a Challan No.Dated.19.in token of having deposited the required earnest money of Rs.
1. Full name of the applicant (in block letters)
2. Father Husband name (in block letters)
3. Full address (in block letters)
Present
Permanent
4. Date of birth age Supported by authenticated documents.Persons whose date of birth is not recorded shall enclose age Certificate obtained from any Gazetted Officer.
5. Occupation
6. Whether the applicant already owns a house in his name or in the name of his wife or husband or in the name of minor child. If not a Certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories mentioned in Regulation 12, and if so a Certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
8. Annual Income of the applicant and sources of such income.
(a) Profession of Occupation.
(b) Rent of Property, Viz., mulgies, shops etc.
(c) From lands.
9. I hereby declare that the information given by me in the above application is true and correct and if it is later on noticed to be false or untrue, my appli- cation under reference and all other applications, if any should be treated as cancelled and if I have been successful in getting a house on the basis of false or untrue information the allotment may be treated as void abinitio.
Date..19.
Address: (in block letters)
Signature of the applicant.
Assistant Estate Officer
APPENDIX 1C FORM 1C
FORM
Andhra Pradesh Housing Board
FORM 1-C (See Regulation 7)
Allotment on Hire Purchase System (Twenty per cent of the Estimated Cost Price Hire Purchase Deposit)
Application Form for the Allotment of House Flat on hire purchase system constructed under Middle Low income Group Housing Scheme Referred to in Regulation 2.
To The Vice-Chairman & Housing Commissioner, Andhra Pradesh Housing Board, "Gruhakalpa", Mukarramjahi Road, Hyderabad-500 001 (A.P.) Sir,
I request you to allot me a house flat constructed under M.I.G. L.I.G. Housing Scheme, the design and locality in which it is situated are indicated below:
Name of the locality Type design
I have read the regulations relating to the allotment of house by the Board and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclose a Challan No.Dated.19.in token of having deposited the required earnest money of Rs.
1. Full name of the applicant (in block letters)
2. Father Husband name (in block letters)
3. Full address (in block letters)
Present
Permanent
4. Date of birth age Supported by authenticated documents.Persons whose date of birth is not recorded shall enclose age Certificate obtained from any Gazetted Officer.
5. Occupation
6. Whether the applicant already owns a house in his name or in the name of his wife or husband or in the name of minor child. If not a Certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories mentioned in Regulation 12, and if so a Certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
8. Annual Income of the applicant and sources of such income.
(a) Profession of Occupation.
(b) Rent of Property, Viz., mulgies, shops etc.
(c) From lands.
9. I hereby declare that the information given by me in the above application is true and correct and if it is later on noticed to be false or untrue, my appli- cation under reference and all other applications, if any should be treated as cancelled and if I have been successful in getting a house on the basis of false or untrue information the allotment may be treated as void abinitio.
Date..19.
Address: (in block letters)
Signature of the applicant.
Assistant Estate Officer
APPENDIX 2 FORM 2
FORM
FORM 2
(See Regulation 7)
Instructions to the Applicant
1. The application form duly filled together with the required Certificates, shall be presented in person or sent by registered post so as to reach the Secretary, Andhra Pradesh Housing Board, within the date and time specified in the notice. Applications received after the last date stipulated, will be rejected. The Certificates such as Income, No House will not be accepted after the due date.
2. The Earnest Money shall be deposited in cash through a Special Challan at the Extension Counter of State Bank of Hyderabad, situated at Gruhakalpa, Mukarramjahi Road, Hyderabad or in any Branch of State Bank of Hyderabad situated in twin Cities of Hyderabad and Secunderabad, and the same shall be enclosed to the application.
3. A person cannot submit more than one application.
4. Minors cannot apply.
5. An Agreement and Affidavit on Non Judicial stamp paper of Rs.5 00 each as in form 9/8 shall be furnished after allotment.
6. Personal Income of the applicant alone will be taken into consideration and not the Income of either the Wife Husband or any other member of the family.
7. The applicant shall furnish the following particulars on a separate sheet of paper and enclose it to the application form.
Particulars of the family.
Sl.No. Name of the family members. Age Relationship with the applicant. Occupation.
8. The Board does not guarantee the allotment of a house to every applicant it reserves to itself the right to reject any application without assigning reasons.
9. Orders of allotment will be published on the Notice Board of the Office of the Andhra Pradesh Housing Board and also communicated individually as per the address furnished in the application.
10. Number of houses notified for allotment is subject to such variations as may be found necessary by the Vice Chairman and Housing Commissioner.
11. Water and drainage mains shall belong to the Housing Board and any person authorised by the Vice Chairman and Housing Commissioner shall have the right to enter the premises to inspect, connect alter or repair any water mains or drainage passing through the premises of the Lessee.
12. The Houses allotted should be occupied by the allottees themselves and should not be let out except for genuine reasons acceptable by the Vice Chairman and Housing Commissioner.
13. The applicant should enclose a Certificate signed by Gazetted Officer that he she does not own a house in his her name or in the name of his her husband wife or minor child.
14. The layout plans of the houses notified for allotment are also displayed at the place where drawal of lots is conducted.
15. The percentage of reservations of houses flats, in different Categories, is as follows:
Sl.No Category of Houses Legislators of A.P Defence& B.S.F personnel S.C. S.T. B.C. G.S. P.H. F.F. 1. H.I.G. 5% 5% 14% 4% 9% 10% 1% 1% 2. M.I.G. 5% 5% 14% 4% 9% 10% 1% 1% 3. L.I.G. -- 2% 14% 4% 15% 10% 2% 2% 4 E.W.S. -- 4% 14% 4% 18% 5% 2% 2 %
16. The Income Limit is as follows;
[1. H.I.G. above Rs. 2,500/- per month
2. M.I.G. Rs. 501 to 2500/- per month
3. L.I.G. Rs.701 to 1500/-
4. E.W.S. upto Rs. 700/- per month]
17. Application forms purchased and submitted in respect of 100% ,50% and 20% payment, will be considered in that Category only.
18. (a) [..........]
(b) For allotment of houses in all Categories, under Defence preference will be given in the order of:
(i) Widows or other dependents of Defence and border security Force personnel who have been killed in action.
(ii) Disabled Service and B.S.F., personnel who are invalidated and out of Service.
(iii) Ex-Servicemen and Ex-B. S.F. personnel.
(iv) Serving Defence B.S.F., Personnel.
(c) For allotment of houses in all Categories, under Government Servant, preference will be given.
(a) Retired State Government Servant on or after 1-4-1976.
(b) Serving State Government Servants.
19. The provisions of relevant Regulations for allotment, Management and Sale of H.I.G., M.I.G., L.I.G., and E.W.S. houses flats constructed by the A.P. Housing Board shall apply in all matters relating to the houses flats in the above scheme.
APPENDIX 3A FORM 3A
FORM
FORM 3-A (See Regulation 20)
Office of the Andhra Pradesh Housing Board
GRUHAKALPA, Mukarramjahi Road, Hyderabad
No.E/198..Dated:/ 198.
To
Sri/Smt./Kum..
...
...
Allotment Letter
Ref: : - His Her application No.for the allotment of a House Flat on Outright sale Basis under Middle Low Income Group Housing Scheme.
The Middle Law Income Group House Flat bearing No.design .at.is allotted to him her on Outright Sale on the basis of drawal of lots conducted on.at.and subject to the following conditions:
1. On receipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellation or refused the allotment, the earnest money deposit shall be forfeited.
2. He She shall deposit with this Office a sum of Rs.towards estimated cost price in the extension counter of the State Bank of Hyderabad situated in "GRUHAKALPA" Mukarramjahi Raod, Hyderabad or through Demand Draft in favour of the Secretary, Andhra Pradesh Housing Board and also excute an AGREEMENT FOR SALE as per proforma enclosed duly affixing adhesive stamp of Rs.5 00 on top of the first page, within (30) days from the date of receipt of the allotment letter as required in Regulation (22)
3. The allottee shall remit sum of Rs.7 50 towards the cost of a set of printed form or agreement for sale etc., through challan along with the initial deposit.
Yours faithfully,
for Vice-Chairman.
By Regd. Post with Ack Due 20% 50% of the estimated Cost Price Hire Purchase Deposit.
APPENDIX 3B FORM 3B
FORM
FORM 3-C
(See Regulation 20)
Office of the Andhra Pradesh Housing Board Gruhakalpa, Mukarramjahi Raod, Hyderabad 1
No../E../198....Dated..198.
To
Sri/Smt..
.
.
Sir/Madam,
Ref:- His/Her application No.for allotment of a house flat on hire Purchase system H.I.G./M.I.G./L.I.G./E.W.S. Housing Scheme.
Allotment Letter
The House Flat NoatDesignis allotted to him her on hire purchase system on the basis of drawal of lots conducted onat and subject to the following conditions.
(1) On receipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellation or refuses the allotment, the Earnest Money Deposit shall be forfeited.
(2) The allottee shall deposit with this Office a Sum of Rs...... by a challan towards 50%/20% of the estimated cost price of the house flat in the extension counter of the State Bank of Hyderabad, Gruhakalpa, Mukarramjahi Raod, Hyderabad or through demand draft in favour of the Secretary, A.P. Housing Board and execute a Agreement for sale in form 6/7 within Thirty Days form the date of receipt of allotment letter.
(3) The allottee shall execute Agreement for sale as per proforma enclosed duly affixing adhesive stamp of Rs.5 00 on the top of the first page and shall remit a sum of Rs.7-50 towards the cost of a set of printed form of agreement for sale etc. through Challan along with the initial deposit.
(4) Till such time as the house is conveyed in the name of the allottee, the responsibility for the maintenance and keeping in good condition of the house flat and the service shall rest with the allottee.
(5) The allottee shall be bound by the Andhra Pradesh Housing Board Act. Rules and Regulations hereunder for the time being inforce.
(6) The allottee shall pay equated instalments towards value of the house flat as stipulated in the regulations and agreement for sale and obtain a duly registered conveyance after observing all the conditions.
(7) Possession of the house flat shall be given after Agreement for sale is duly executed.
(8) The allottee shall accept any alteration in the value of the house flat intimated by the Vice-Chairman.
(9) The allottee shall furnish a nomination in Form 10 in favour of any member of his her family, however, the allottee shall be at liberty to change the nomination at any time before the conveyance of the ownership of the house flat in his her name.
Yours faithfully,
for Vice Chairman.
Andhra Pradesh Housing Board (Out right Sale)
APPENDIX 4 FORM 5
FORM
FORM-5 (See Regulation 22 (1)(i))
Agreement for Sale
This Deed of Agreement for sale executed at Hyderabad thisday of 199 .
Between the Andhra Pradesh Housing Board, a body corporate constituted under the Provisions of the Andhra Pradesh Housing Board Act 1956, hereinafter called the Act and represented by its Chairman or his delegatee having the office at Hyderabad hereinafter referred to as the owner (which) term shall wherever the context so permits means and includes its successors in interest and assignees) of the one part.
AND
Sri/Smt/Kum S/D/W ofresiding athereinafter called the purchaser (which term shall wherever the context so permits means includes her his heirs executors, administrators, legal representatives and assigns) of the other part.
Whereas the purchaser has applied to the owner for allotment on Outright sale of house flat constructed under HIG MIG LIG housing scheme referred to in Regulation 2 by the Andhra Pradesh Housing Board.
Whereas the owner has agreed to allot the house on outright sale in all that piece and parcel of the land more particularly described in the schedule hereunder and which together with the building and fittings thereon is hereinafter referred to as "The Property" to the purchaser on terms and conditions hereinafter mentioned; and
Whereas the owner has further agreed to sell the property to the purchaser on the terms and conditions hereinafter mentioned.
Now This Indenture Witnesseth as Follows:-
1. On the purchaser paying the full estimated cost price and other amounts. If any, payable by her him under this indenture the owner shall convey the property to the purchaser by executing a conveyance deed subject to the condition that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this indenture and that the charges towards stampduty and registration fee for conveyance of the property shall be borne by the purchaser.
2. The purchaser agrees to pay to the Board any amount that may be found as payable by him her at the time of fixing the sale price of the house flat subsequently within five years from the date of this indenture.
3. The purchaser has paid the estimated cost price in full payable under the regulations to the owner and this sum is hereby acknowledged by the owner.
4. In all matters of doubt concerning and in respect of this indenture the decision of Chairman shall be final and binding on the purchaser.
5. In witness here of SriSecretary on behalf of and by the order and direction of Chairman and Sri/Smt purchaser have hereunto set their hands.
Signature of the Owner.
In the presence of witnesses:
1.
2.
Signature of purchaser.
In the presence of witnesses:
1.
2.
SCHEDULE
Description of the Property
H.I.G./M.I.G./L.I.G./E.W.S., house/flat NoDesignsituated atas per the plan appended and bounded by:
East:
West:
North:
South:
Signature of the Owner.
In the presence of witnesses:
1.
2.
Signature of the Lessee.
In the presence of witnesses:
1.
2.
Andhra Pradesh
Housing Board
APPENDIX 5 FORM 6
FORM
FORM-6
(See Rule 22)
Agreement for Sale of Independent House
This deed of Agreement executed atthis day of
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of Andhra Pradesh Housing Board Act 1956, hereinafter called the Act and represented by its Chairman or his delegatee, having the Office at Hyderababd hereinafter referred to as the owner (which term shall wherever the context so permits means the includes its successors in interest and assigns) of the one part.
AND
Sri/Smt/Kum S/D/W/O residing at hereinafter called the purchaser (which term shall wherever the context so permits means and includes his her heirs, executors, administrators; legal representatives and assignees) of the other part.
Whereas the purchaser has applied to the owner for allotment of house constructed under HIG/MIG/LIG/EWS Housing Scheme by the Andhra Pradesh Housing Board and
Whereas the owner has agreed to allot the House in all the piece and parcel of the land more particularly described in the schedule hereto and hereinafter referred to as "The property" to the purchaser on terms and conditions hereinafter mentioned, and
Whereas the owner has further agreed to sell the property to the purchaser on terms and conditions hereinafter mentioned.
Now this Indenture witnesseth as follows:
1. Until such time as the owner conveys the property to the purchaser as hereinafter stipulated or until such time as this agreement is determined by the owner as hereinafter provided, the purchaser is permitted to be in possession of the property on terms and conditions hereinafter mentioned and the date of occupation of the property by the purchaser shall be deemed to have commenced as and from the date of this indenture.
2. The purchaser shall pay all rates, taxes, cesses and other out going payable in respect of the property to the Government, State or Central and any local body or local authority.
3. The purchaser shall pay all charges for consumption of water and Electricity for the property.
4. The purchaser shall pay all charges for replacement or repairs of any fitting relating to water supply drainage or electricity on the property.
5. It is expressly between the parties hereto that the purchaser is not the owner of the property that he she shall have not right either to sell or mortgage or otherwise dispose of the property and that the purchaser shall not be entitled to claim title thereto until the sale price thereof, as finally determined and other amounts payable by the purchaser to the owner have been paid and the property is conveyed in the name of the purchaser.
6. The purchaser shall not make or permit to be made any alterations or additions to the said property without the previous permission in writing of the owner and except in accordance with the terms for such permission and the plans approved by the owner. In case of any deviation, from such permission or plans, the purchaser shall immediately upon the receipt of notice from the owner requiring him so to do, correct such deviation as aforesaid and if the Purchaser neglects to correct such deviation from the plan for one calendar month after the receipt by him of such notice then it shall be lawful for the owner, to cause such deviation to be corrected at the expenses of the purchaser which expenditure the purchaser hereby agrees to reimburse by paying to the owner such amount as the owner whose decision shall be final shall fix in that behalf, provided the owner may at its discretion, refuse permission for any addition or alteration whatsoever and its decision in that behalf shall be final, provided further that any rectification under this clause by the owner shall not absolve the purchaser from any liability under these regulations or Provisions of the Andhra Pradesh Housing Board Act.
[6-A. Any addition or alteration done to the property by the purchaser, without the written permission of the owner, may at the discretion of the owner, be regularised on payment of a compounding fee, at the rate that may be prescribed by the owner in this regard. However, no addition or alteration, that is deemed objectionable by the owner, shall be regularised and it shall be demolished by the purchaser, failing which the owner will be at liberty to get the same demolished and recover the cost thereof from the purchaser.]
7. The purchaser shall maintain the property at his cost as per Regulation 25.
8. The Chairman or any person authorised by him under the Act shall have the right to enter, inspect, connect, alter or repair any water mains or drainage passing through the property and the purchaser shall render all assistance and facilities and furnish such information as may be required by the person inspecting the property for the purpose of the Regulations.
9. The Purchaser shall abide by the regulations in force or which may hereinafter be enforced from time to time.
10. If there is any contravention by the purchaser of any of the terms expressed or implied under this agreement or under the said Regulations it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the amounts paid by him shall stand forfeited to the owner.
11. The owner shall not be responsible for any defects, structural or otherwise in the property and the purchaser shall be bound to purchase the property notwithstanding defects, if any, in construction, without any claim for compensation from the owner.
[12. Until such time as the Vice Chairman and Housing Commissioner finally determines the sale price the purchase will pay to the owner a sum of Rs..........every three months as instalment towards the balance of sale price of the property after deducting the 50%, 30%, 20% of the estimated cost price, as the case may be already paid on........and the first instalment shall be payable on or before..............]
13. The instalments ultimately fixed by the owner after the cost has been finally determined by the Chairman shall be deemed to have become payable from the date of this indenture and any difference between the earlier instalments towards the sale price already paid by the purchaser and the amount payable as instalments, under this clause shall be paid on demand by the purchaser to the owner and if the payment of earlier instalments is in excess of the instalments finally fixed the excess will be adjusted in the subsequent instalments after fixation thereof.
14. The owner agrees to sell subject to the provisions of the Regulations the property to the purchaser and after expiry of five years from the Date of this indenture on payment of sale price as finally fixed.
15. The purchaser shall pay to the owner the sale price after deducting the 50%/20% of the estimated cost price already paid by him in annual instalments for a period ofyears.
Provided that the purchaser shall be at liberty to pay to the Board at any time before the expiry of the said period the balance of the sale price due in one lumpsum and get the property transferred in his name subject to the condition that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this indenture and that the charges towards stampduty, registration fee and other incidental charges for conveyance of the property shall be borne by the purchaser. When the balance of the sale price is paid before, the expiry of the aforesaid stipulated period the amount of sale price to be paid be revised suitably by the chairman by reducing the quantum of interest to be paid with reference to the period within which the final payment of the sale price is made.
16. The purchaser hereby agrees to pay any increase in the cost price as has been fixed by the Chairman arising out of the increase in compensation of land which is to be decided hereinafter. Such payment shall be proportional amount of such increase the corpus of which will be fixed by the Chairman which will be final and binding on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments, spread over number of years as may be fixed by the Chairman.
17. The purchaser hereby further agrees to pay any increase in the estimated cost price as has been fixed by the Chairman, arising out of this increase in contractors bills as a consequence of the contractor going to the court of law or due to the mutual settlement of the dispute between the Board and the contractor due to any other contingencies which might be decided hereinafter. Such payments shall be proportional amount of such increase the corpus of which will be fixed by the Chairman, which will be final and binding on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments spread over the number of years as may be fixed by the Chairman.
18. Without prejudice to anything contained in this agreement the purchaser shall pay to the owner penal interest at 1 1 2 times the interest fixed by the Board under Regulation 23 on outstanding instalments of principal and interest.
19. The purchaser shall make full and regular payment of all the dues that are required to be paid by him in pursuance of this presents or any documents that imposed any monetary obligation on the purchaser and if any such payment is delayed he she shall be liable to pay penal interest at the rate specified in Clause 18. In case of default of payment of dues, the purchaser shall be liable to be evicted under the procedure laid down in Chapter VI of the A.P. Housing Board Act, 1956 for effecting the eviction and for recovery of all outstanding dues of the owner which are as aforesaid payable by him and thus recoverable under said Chapter of the said Act.
20. On the purchaser paying the instalments, sale price and other amounts, if any, payable by the purchaser and this indenture under the purchaser duly performing the terms conditions of this agreement and no such payments and performance only, the owner shall convey the property to the purchaser by executing a conveyance deed.
21. The purchaser shall in no case, assign, relinquish, mortgage, sublet; transfer or part with the possession of any portion or the whole of the said property or cause a by sub division thereof, and if the purchaser for cause beyond his control wants to transfer, relinquish or assign purchaser interest in the said property, it shall be responsibility of the purchaser to satisfy the owner that there is no intention of money making in such transaction by, the purchaser and that there are completing reasons for such transaction by the purchaser who will be put to tremendous hardship if the permission is refused and after full enquiry the owner may given written permission with or without condition only after full satisfaction, or may refuse permission in writing for such transaction and owner decision in this regard shall be final and binding on the purchaser and every such transfer, assignment or relinquishment of the whole or part of the said property shall be only for the remainder of the terms of this agreement and the permitted transferee or assignee, as the case may be shall be bound by all the terms conditions herein contained and be answerable to the owner in all respects therefor, provided that the amount of instalment shall be re fixed by the owner so that the sale price of the property together with interest thereon shall be recovered within the remainder of the term of the hire purchase period provided always that no such assignment, relinquishment or transfer shall be valid or permissible wherever the assignee or the transferee is a person who does not fulfill the requirements of eligibility as provided in these regulations and or the scheme under which the said property has been created provided always that the purchaser or his successor in Office, as the case may be shall deliver at his own expense to the owner at his office the attested copy of the deed of permitted assignment, relinquishment or transfer as the case may be together with the notice thereof within a month of the date of such deed which shall have been duly registered by it under India Registration Act or any other amending statute.
22. If there shall have been an enquiry after hearing the party concerned in the opinion of the owner (whole decision shall be final and binding) any mis statement or any concealment of material facts by the purchaser in the application given by him in the prescribed form or in his replies during the scrutiny of his application, it shall be lawful to evict the purchaserand thereupon this agreement shall stand determined and the hire purchaser deposit paid by him shall stand forfeited to the owner.
23. The purchaser had paid the 50%/20% of the estimated cost price payable under the regulation to the owner on and the said sum is hereby acknowledged by the owner.
24. In all matters of doubt, concerning and in respect of this indenture, the decision of the Chairman shall be final and binding on the purchaser and any default by the purchaser thereof shall deemed to be breach of terms of this indenture.
25. The owner hereby agrees that the purchaser making all payments due from him in accordance with these presents and performing and observing all the conditions herein contained shall peacefully hold and enjoy the said property during the said term except for any lawful interruption or disturbance by the owner or any person lawfully claiming under it.
In witness hereof SriSecretary on behalf of and by the order and direction of Chairman and Sri/Smt purchaser have hereunto set their hands.
Signature of the owners.
In the presence of witnesses:
1.
2.
Signature of the Purchaser
In the presence of witnesses:
1.
2.
SCHEDULE
Description of the Property
H.I.G./M.I.G./L.I.G./E.W.S., house/flat NoDesignsituated atas per the plan appended and bounded by:
East:
West:
North:
South:
Signature of the Owner.
In the presence of witnesses:
1.
2.
Signature of the Lessee.
In the presence of witnesses:
1.
2.
Office of the
Andhra Pradesh Housing Board Hyderabad-A.P.
APPENDIX 6 FORM 7
FORM
FORM-7 (See Regulation 22(2))
Handing over Letter
Letter No Dated 198 .
To
Sri
..
Sir,
Whereas House/Flat No. Design at was allotted to you vide allotment Lr and whereas you have complied with the conditions set out in the allotment letter, you are requested to present yourself before who is authorised to hand over possession to you of the House/Flat No. design atin the morning at site on any working day.
You are requested to give receipt to the above mentioned Officer in the accompanying form
Yours faithfully,
for SECRETARY.
RECEIPT BY THE LESSEE/PURCHASER TO BE GIVEN THROUGH THE OFFICER HANDING OVER THE PROPERTY IN PURSUANCE OF THE HANDING OVER LETTER.
From:
Allottee Sri/Smt of House/Flat No. located at
To
The Vice Chairman, Andhra Pradesh Housing Board.
Mukarramjahi Road, Hyderabad,
Sir,
I have duly taken over possession on through Engineer of your Board at of House/Flat No Located at
Yours faithfully.
Dated 198.
Place
Andhra Pradesh Housing Board
APPENDIX 7 FORM 7
FORM
FORM-7
(See Rule 22)
Agreement for Sale of Multi storeyed Flats
This deed of Agreement executed atthis day of
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of the Andhra Pradesh Housing Board Act 1956, hereinafter called the Act and represented by its Chairman or his delegatee, having the Office at Hyderabad hereinafter referred to as the owner (which term shall wherever the context so permits means and includes its successors in interest and assignees) of the one part.
AND
Sri/Smt/Kum S/D/W/O residing at hereinafter called the purchaser (which term shall wherever the context so permits means and includes his her heirs, executors, administrators, legal representatives and assignees) of the other part.
Whereas the purchaser has applied to the owner for allotment of house constructed under HIG/MIG/LIG/EWS Housing Scheme by the Andhra Pradesh Housing Board and
Whereas the owner has agreed to allot the house in all the piece and parcel of the land more particularly described in the schedule hereto and hereinafter referred to as "The property" to the purchaser on terms and conditions hereinafter mentioned, and
Whereas the owner has further agreed to sell the property to the purchaser on terms and conditions hereinafter mentioned.
Now this Indenture witnesseth as follows:
1. Until such time as the owner conveys the property to the purchaser as hereinafter stipulated or until such time as this agreement is determined by the owner as hereinafter provided, the purchaser is permitted to be in possession of the property on terms and conditions hereinafter mentioned and the date of occupation of the property by the purchaser shall be deemed to have commenced as and from the date of this indenture.
2. The purchaser shall pay all rates, taxes, cesses and other outgoing payable in respect of the property to the Government, State or Central and any local body or local authority.
3. The purchaser shall pay all charges for consumption of water and Electricity for the property.
4. The purchaser shall pay all charges for replacement or repairs of any fitting relating to water supply drainage or electricity on the property.
5. It is expressly agreed between the parties hereto that the purchaser is not the owner of the property that he she shall have no right either to sell or mortgage or otherwise dispose of the property and that the purchaser shall not be entitled to claim title thereto until the sale price thereof, as finally determined and other amounts payable by the purchaser to owner have been paid and the property is conveyed in the name of the purchaser.
6. The purchaser shall not make or permit to be made any alterations or additions to the said property without the previous permission in writing of the owner and except in accordance with the terms for such permission and the plans approved by the owner. In case of any deviation, from such permission or plans, the purchaser shall immediately upon the receipt of notice from the owner requiring him so to do, correct such deviation as aforesaid and if the purchaser neglects to correct such deviation from the plan for one calendar month after the receipt by him of such notice then it shall be lawful for the owner, to cause such deviation to be corrected at the expense of the purchaser, which expenditure the purchaser hereby agrees to reimburse by paying to the owner such amount as the owner whose decision shall be final shall fix in that behalf, provided the owner may at its discretion refuse permission for any addition or alteration whatsoever and its decision in that behalf shall be final, provided further that any rectification under this clause by the owner shall not absolve the purchaser from any liability under these regulations or provisions of the Andhra Pradesh Housing Board Act.
7. The purchaser shall maintain the property at his cost as per Regulation 25.
8. The Chairman or any person authorised by him under the Act shall have the right to enter, inspect, connect alter or repair any water mains or drainage passing through the property and purchaser shall render all assistance and facilities and furnish such information as may be required by the person inspecting the property for the purpose of the Regulations.
9. The Purchaser shall abide by the regulations in force or which may hereinafter be enforced from time to time.
10. If there is any contravention by the purchaser of any of the terms expressed or implied under this agreement or under the said regulations it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the amounts paid by him shall stand forfeited to the owner.
11. The owner shall not be responsible for any defects, structural or otherwise in the property and the purchaser shall be bound to purchase the property notwithstanding defects, if any, in construction, without any claim for compensation from the owner.
[12. Until such time as the Vice chairman and Housing Commissioner finally determines the sale price, the purchaser will pay to the owner sum of Rsevery three months as instalment towards the balance of sale price of the property after deducting the 50 , 30, 20 of theestimated cost price, as the case may be already paid onand the first instalment shall be payable on or before]
13. The instalments ultimately fixed by the owner after the cost has been finally determined by the Chairman shall be deemed to have become payable from the date of this indenture and any difference between the earlier instalments towards the sale price already paid by the purchaser and the amount payable as instalments, under this clause shall be paid on demand by the purchaser to the owner and if the payment of earlier instalments is in excess of the instalments finally fixed the excess will be adjusted in the subsequent instalments after fixation thereof.
14. The owner agrees to sell subject to the provisions of the regulations the property to the purchaser and after expiry of five years from the date of this indenture on payment of sale price as finally fixed.
15. The purchaser shall pay to the owner the sale price after deducting the 50%/20% of the estimated cost price already paid by him in annual instalments for a period ofyears.
Provided that the purchaser shall be at liberty to pay to the Board at any time before the expiry of the said period the balance of the sale price due in one lump sum and get the property transferred in his name subject to the condition that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this indenture and that the charges towards stampduty, registration fee and other incidental charges for conveyance of the property shall be borne by the purchaser. When the balance of the sale price is paid before, the expiry of the aforesaid stipulated period the amount of sale price to be paid be revised suitably the Chairman by reducing the quantum of interest to be paid with reference to the period within which the final payment of the sale price is made.
16. The purchaser hereby agrees to pay any increase in the costs price has as been fixed by the Chairman arising out of the increase in compensation of land which is to be decided hereinafter. Such payment shall be proportional amount of such increase the corpus of which will be fixed by the Chairman which will be final and binding on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments, spread over number of years as may be fixed by the Chairman.
17. The purchaser hereby further agrees to pay any increase in the estimated cost price as has been fixed by the Chairman, arising out of this increase in contractors bills as a consequence of the contractor going to the court of law or due to the mutual settlement of the dispute between the Board and the contractor due to any other contingencies which might be decided hereinafter. Such paymenst shall be proportional amount of such increase the corpus of which will be fixed by the Chairman, which will be final and binding on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments spread over the number of years as may be fixed by the Chairman.
18. Without prejudice to anything contained in this agreement the purchaser shall pay to the owner penal interest at 1 1/2 times the interest fixed by the Board under Regulation 23 on outstanding instalments of principal and interest.
19. The purchaser shall make full regular payment of all the dues that are required to be paid by him in pursuance of these presents or any documents that imposed any monetary obligation on the purchaser and if any such payment is delayed he she be liable to pay penal interest at the rate specified in clause 18. In case of default of payment of dues, the purchaser shall be liable to be evicted under the procedure laid down in Chapter VI of the A.P. Housing Board Act 1956 for effecting the eviction and for recovery of all outstanding dues of the owner which are as aforesaid payable by him and thus recoverable under said Chapter of the said act.
20. On the purchaser paying the instalments, sale price and other amounts, if any, payable by the purchaser under this indenture and the purchaser duly performing the terms and conditions of this agreement and no such payments and performance only, the owner shall convey the property to the purchaser by executing a conveyance deed.
21. The purchaser shall in no case, assign, relinquish, mortgage, sublet, transfer or part with the possession of any portion or the whole of the said property or cause by sub division thereof, and if the purchaser for cause beyond his control wants to transfer, relinquish or assign purchaser interest in the said property, it shall be the responsibility of the purchaser to satisfy the owner that there is no intention of money making in such transaction by the purchaser and that there are compelling reasons for such transaction by the purchaser, who will be put to tremendous hardship if the permission is refused and after full enquiry the owner may give written permission with or without condition only after full satisfaction, or may refuse permission in writing for such transaction and owner decision in this regard shall be final and binding on the purchaser and every such transfer; assignment or relinquishment of the whole or part of the said property shall be only for the remainder of the terms of this agreement and the permitted transferee or assignee, as the case may be shall be bound by all the terms conditions herein contained and be answerable to the owner in all respects therefore, provided that to the amount of instalment shall be re fixed by the owner so that the sale price of the property together with interest thereon shall be recovered within the remainder of the term of the hire purchaser period provided always that no such assignment, relinquishment or transfer shall be valid or permissible wherever the assignee or the transferee is a person who does not fulfill the requirements of eligibility as provided in these regulations and or the scheme under which the said property has been created provided always that the purchaser or his successor in office, as the case may be shall deliver at his own expenses to the owner at his office the attested copy of the deed of the permitted assignment, relinquishment or transfer as the case may be together with the notice thereof within a month of the date of such deed which shall have been duly registered by it under the Indian Registration Act or any other amending statute.
22. If there shall have been an enquiry after hearing the party concerned in the opinion of the owner (whole decision shall be final and binding) any mis statement or any concealment of material facts by the purchaser in the application given by him in the prescribed form or in his replies during the scrutiny of this application, it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the hire purchaser deposit paid by him shall stand forfeited to the owner.
23. The purchaser had paid the 50%/20% of the estimated cost price payable under the regulation to the owner on and the said sum is hereby acknowledged by the owner.
24. In all matters of doubt, concerning and in respect of this indenture, the decision of the Chairman shall be final and binding on the purchase and any default by the purchaser thereof shall be deemed to be breach of terms of this indenture.
25. The owner hereby agrees that the purchaser making all payments due from him in accordance with these presents and performing and observing all the conditions herein contained shall peacefully hold enjoy the said property during the said term except for any lawful interruption or disturbance by the owner or any person lawfully claiming under it.
26. It is expressly agreed to that the purchaser of ground floor flats have on right to use stair case room and land set apart by the owner as approached to the block for the purpose of passage to the purchaser of Upper floor Flats.
27. Double storeyed Flats: It is expressly agreed to between the parties that the purchaser of first floor flats may use jointly and stair case room and open terrace of their respective flats. The purchasers of ground floor flats are precluded from using the appurtenant land around the flats except with previous permission of the Chairman, which may be granted subject to such conditions he may impose for such usage.
More than two storeyed Falts:- It is expressly agreed to between the parties that the purchaser of flats other than the ground floor, may jointly use the stair case room. The purchasers of ground floor, are precluded from using the appurtenant land around the flats except with the previous permission of the Chairman which may be granted subject to such conditions he may impose for such usage.
28. It is expressly agreed that the purchaser shall become a member of the Co-operative Housing Society of hire purchaser allottees of the colony on requisition by the Chairman. The purchaser shall be bound by the rules and regulations of the said Co operative Society.
29. It is agreed to that the purchaser has to secure electric service connection for the flat at his cost and pay the electricity charges direct to the Electricity Department and the owner shall not be liable to pay charges therefor.
30. It is expressly agreed to that the purchaser shall pay to the Chairman water supply charges at a flat rate of Rs.7 00 per month irrespective or the fact whether water is consumed or not in the particular month or months till such time as independent meter is installed. It is also agreed that the rate is provisional and subject to the revision by the Chairman at his discretion.
31. It is expressly agreed to that the space reserved in the colony for community purpose such as foot paths, passages to the blocks, road, parks, playgrounds etc., and buildings in the colony set apart for community purposes such as community centres etc., shall belong to the owner. The owner in its discretion may vest the management of any such property to a Co operative Society referred to in Clause No.28 or to Municipal Corporation of Hyderabad.
32. It is agreed to that the water mains drainage mains abuting the property shall be the property of the owner and any person authorised by the Chairman shall have the right to enter the premises to set right any defects to connect, alter or repair water mains or drainage passing through the premises of the purchaser and the owner at its discretion may transfer their maintenance to the Water Works and Drainage Departments respectively.
In witness hereof Sri Secretary on behalf of and by the order and direction of Chairman and Sri/Smt purchaser have hereunto set their hands.
Signature of the Owner.
In the presence of witnesses:
1.
2.
Signature of the Purchaser.
In the presence of witnesses:
1.
2.
SCHEDULE
DESCRIPTION OF THE PROPERTY
H.I.G./M.I.G./L.I.G./E.W.S., House/flat NoDesignsituated atas per the plan appended and bounded by:
East: West: North: South: Signature of the Owner. In the presence of witnesses: 1. 2. In the presence of witness: 1. 2. Signature of the Lessee. Office of the Andhra Pradesh Housing Board Hyderabad-A.P.
APPENDIX 8 FORM 10
FORM
FORM-10
(See para 9 of allotment Lr.)
I, S/D/W of allottee of HIG MIG EWS House Flat No. aton hire purchase system, hereby nominate my (relationship) Name Aged Yearsand whose address is as the person to whom the said house flat shall be transferred in the event of may death.
Signed at this day of 198.
ANDHRA PRADESH (OFFICE ACCOMMODATION RENTAL) REGULATIONS, 1982
In exercise of powers conferred by under Section 71 of the Andhra Pradesh Housing Board Act 1956 and with the previous sanction of the Government, the A.P. Housing Board makes the following regulations viz., namely:
Regulation 1
These regulations may be called the Andhra Pradesh (Office Accommodation Rental) Regulations, 1982.
Regulation 2
They shall apply to allotment of all Buildings belonging to Housing Board which are being used or may be used for office purposes.
Regulation 3
In these regulations unless the context otherwise required
(a) Act means the A.P. Housing Board Act, 1956 (Act XLVI of 1956).
(b) Office means any Central Government Office, State Government Office or Office of any public or private undertaking or enterprise or institution.
(c) State means the State of Andhra Pradesh.
(d) Building means any building constructed, owned or managed by Housng Board and which is being used or may be used for office purpose.
(e) Allottee means the Head of the Office, whom the building has been allotted on rent.
(f) Form means form annexed to these regulations.
(g) Words used but not defined shall have the same meaning as assigned to them in the Act.
Regulation 4
As soon as a building is ready for office use, the A.P. Housing Board may at its discretion allot the building on rent to any Head of Office, who may come forward to take the building on rent under these regulations.
Regulation 5
The allottee shall execute a rental agreement in Form I in case of allotment of building to Central Government Office or State Government Office and in Form 2 in case of allotment of building to any public or private undertaking or enterprise office, as the case may be.
Regulation 6
The rent shall be charged from the date of taking over possession of the building by the allottee.
Regulation 7
The rent of the building shall be such as may be fixed by the Housing Board from time to time.
Provided that the rent shall not be increased during the tenancy period without sufficient reasons, and that no enhancement of rent shall be given effect to by the A.P. Housing Board unless a month s notice is given to the allottee, of such enhancement.
Regulation 8
In case of Officer other than Central Government or State Government the monthly rent shall be paid in advance on or before 15th of each calendar month. Interest at 12% per annum or at such rate of interest as may be revised from time to time shall be charged in such case on over due rent.
Regulation 9
The building shall not be used for any purpose other than locating the office.
Regulation 10
The allotment of the building on rent shall be for a period of five years at the first instance and may be renewable from time to time for such further period as the Board may agree but subject to sooner determination of the allotment at any time by either of the parties by giving to the other party 90 clear days notice in writing.
APPENDIX 1 RENTAL AGREEMENT
FORM
FORM 1
RENTAL AGREEMENT
(See Regulation-5)
This rental deed in made this..day of..between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of A.P. Housing Hosing Board Act, 1956 hereinafter called the Act and represented by its Vice Chairman and Housing Commissioner or his delegatee having the office at Hyderabad hereinafter called Lessor (which term shall wherever the context so permits mean and include its successors in interest and assignees) on the one part and the President of ia Governor of Andhra Pradesh, hereinafter called the Lessee (which term shall include his sucessorrs in Office, representives and assignees, of the other part.
Whereas the Lessor in owner of the building hereinafter mentioned and..
Whereas the Lessee has agreed to take the said building for rent and the Lessor has agreed to give the same for rent.
This deed witnesseth as follows:
1. That in consideration of the rent hereinafter reserved, the Lessor hereby demise to the Lessee, by way of lease, its building bearing Municipal No..situated at..bounded on the north by..
on east by..
on south by..............................................
and on west by..
more particularly described in the plan attached hereto for the purposes of the Central Government State Government of for the occupation of an Office of the Central Government or State Government on a monthly rent or Rs.. (Rupees..) to hold the said building for a period of..begining from the..and renewable from time to time for such further period as the Lessor or Lessee agreement but subject to sooner determination at any time by either or the parts giving to the other party ninety clear days notice in writing.
2. The Lessor covenants with the Lessee as follows:
(i) He shall not be entitled to increase the rent during the tenancy period except in cases where it is admissible under the provisions of the Andhra Pradesh Housing Board Act and the rules and regulations thereunder.
(ii) He shall pay all the rates, taxes and assessments which are now or may hereinafter be imposed or assessed and the said building by any Local Authority.
(iii) He shall make necessary repairs to the building.
(iv) The Lessee shall enjoy quiet possession of the building without disburbance by the Lessor.
3. The Lessee hereby covenant with the Lessor as follows:
(i) He shall pay the monthly rent of Rs.. (Rupees..) regularly on or before 15th day of each calender for that month the previous month.
(ii) He shall keep the building in good condition and shall use and occupy the said building in a fair and tenantable manner and shall deliver it up in the same condition to the Lessor at the expiration of the period of tenancy. The Lessee shall pay for the damage caused by him to the building or sanitary, electric and other fittings thereon.
(iii) The Lessee shall pay the charges for amenities provided for the building.
4. Any question of dispute or differences arising under these presents or in connection therewith (except in any matter the decision of which is specially provided for by these presents) the same shall be referred to the sole arbitation of an officer appointed to be the arbitrator by the Secretary to Government (Housing) Department, Government of Andhra Pradesh.
In witness whereof the said...the Lessor and the authorised officer for and on behalf of the President of ia Governor of Andhra Pradesh (the Lessee) have hereto affixed their signature on the date and year first written in the presence of the following witnesses.
Signature of the Lessor.
Signature of the authorised Officer for and on behalf of President of india/Governor of Andhra Pradesh.
Witnesses
1.
2.
APPENDIX 2 RENTAL AGREEMENT
FORM
FORM-2
RENTAL AGREEMENT
(See Regulation-5)
This rental deed is made this..day of..between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions A.P. Housing Board Act, 1956 hereinafter called the Act and represented by its Vice Chairman and Housing Commissioner or his delegatee having the Office at Hyderabad hereinafter called the Lessor (which term shall wherever the context so permits mean and include its successors in interest and assigns) on the one part and. Head of a Public Private undertaking Enterprise hereinafter called the Lessee (which term shall include his sccessors in office, representive and assignees) of the other part.
Whereas the Lessee is the owner of the building hereinafter mentioned and..
Whereas the Lessor has agreed to take the said building for rents and the Lessor has agreed to give the same for rent.
This deed witnesseth as follows:
1. That in consideration of the rent hereinafter reserved, the Lessor hereby demise to the Lessee, by way of lease, its building bearing Municipal No..situated atbounded on the north by..
on east by..
on south by..
and on west by..
more particularly described in the plan attached hereto for the purposes of Public Private undertaking or for the occupation of an Office of a Public Private undertaking or enterprises on a monothly rent of Rs.. (Rupees..) to hold the said building for period of..beginning from the..and renewable from time to time for such further period as the Lessor and Lessee agree but subject to sooner determination at any time by either of parts giving to the party ninety clear days notice in writing.
2. The Lessor convenants with the Lessee as follows:
(i) He shall not be entitled to increase the rent during the tenancy period except in cases where in admissible under the provisions of the Andhra Pradesh Housing Board Act and the rules and regulations thereunder.
(ii) He shall pay all the rates, taxes and assessments which are now or may hereinafter be imposed or assessed the said building by any Local Authority.
(iii) He shall make necessary repairs to the building.
(iv) The Lessee shall enjoy quiet possession of the building without disturbance by the Lessor.
3. The Lessee hereby covenants with the Lessor as follows:
(i) He shall pay the monthly rent of Rs.. (Rupees) ..regularly on or before 15th day of each calendar month.
(ii) He shall keep the building in good condition and shall use and occupy the said building in a fair and tenantable manner and shall deliver it up in the same condition to the Lessor at the expiration of the period of tenancy. The Lessee shall pay for the damage caused by him to the building or sanitary, electric and other fittings thereon.
(iii) The Lessee shall pay the charges for amenities provided for the building.
4. In case of default of payment of over due rent, the Lessee shall be liable to be evicted under the procedure laid down in Chapter IV of Andhra Pradesh Housing Board Act, 1956 for effecting the eviction and for recovery of all the outstanding dues on which are as aforesaid payable to the Lessor and thus recoverable under the said Chapter of the said Act.
In witness whereof the said..the Lessor and the Head of..of ..Public Private undertaking enterprises (the Lessee) have to affixed their signatures on the date and year first written in the presence of the following witnesses.
ANDHRA PRADESH HOUSING BOARD (ALLOTMENT, MANAGEMENT AND SALE OF HIGH INCOME GROUPS HOUSES) REGULATIONS, 1977
In exercise of the power conferred by Section 71 of Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956) the Andhra Pradesh Housing Board, with the previous sanction of the Government, hereby makes the following egulations, namely:
Regulation 1
(a) These egulations may called the Andhra Pradesh Housing Board (Allotment, Management and Sale of High Income Groups Houses) Regulations, 1977.
(b) The egulations shall come into force at once.
Regulation 2
These regulations shall apply to the allotment and sale of houses flat constructed by the Andhra Pradesh Housing Board under High Income Group Housing Schemes, with the following sources namely:
[(2)
(a) These egulations shall also apply to allotment sale of houses and flats constructed under any of the following schemes on such terms and conditions as may be specified by Government by an order the mode of allotment of houses constructed under such scheme, shall notwithstanding anything contained in this egulations also specified therein.
(i) Other special housing schemes for High Income Group entrusted to the Board by Government for execution for the exclusive benefit of members of co operative society of Government employees or group of members of co operative society of Government employees or group of employees of Institutions Corporation or Companies and
(ii) Any other High Income Group Housing Scheme entrusted to the Board and approved for the purpose of these egulations by the Government by an order.
(b) No Scheme under Clause (a) shall be taken up by the Housing Board unless the land on which the houses are proposed to be constructed is transferred in favour of A.P. Housing Board through a egistered conveyance deed.
(2) These egulations shall also apply to allotment and sale of houses and flats constructed under:
(i) other special Housing Schemes for High Income Group executed by the Housing Board for exclusive benefit of members of a co-operative society of Government employees or group Employees of Institutions, Corporations, or Companies, and
(ii) any other High Income Group Housing Scheme entrusted to the Board and approved for the purpose of these egulations by the Government.
Regulation 3 Definitions
In these egulations unless the context otherwise equires :
(a) "Act" means the Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956);
(b) "Allottee" means the person to whom a house is allotted under these Regulations and includes his legal heirs established by *[a certificate issued by a competent revenue authority not below the rank of a Executive Magistrate] or by a Civil Court Decree where the chairman deems such decree necessary declaring him the heir of the deceased allottee against the person disputing the fact or a nominee who is a member of his family;
(c) "Applicant" means a person applying to the Board for allotment of a house under these egulations;
(d) "Allotment" means allotment of a house under these regulations;
(e) "Estimated Cost Price" means the estimated cost prince of a house fixed by the Chairman under egulation 23;
(f) "Family means a family of the allottee consisting of husband, wife and minor children and shall include parents, sister, brothers and other children as are ordinarily living with the allottee as dependents;
(g) "Form" means a form appended to these egulations;
(h) "Flat" means a portion of a building which can be delineated with definite outline on plant and which can be definitely marketed on site and which is a dwelling unit and can be allotted as such under these egulations
(i) "Government" means the Government of Andhra Pradesh;
(j) "House" means a dwelling unit whether detached semi detached or part of a ow, which can be allotted as a unit along with its land under these egulations and shall also include a flat;
(k) "Hire purchase system" means a system in which a participant takes step to secure ights in a property under any scheme eferred to in egulation (2) by payment of hire purchase deposit and also a specified number of equated instalments, spread over a period of specified number of years during which he emains a tenant on terms and conditions set out for that purpose and on the expiry of the said period and after complying with other terms and conditions under these regulations ceases to be a tenant and becomes an owner on payment of all dues;
(k) (l) "Hire Purchase Deposit" means non interest bearing advance payment made by the applicant in a lumpsum or in instalments for securing by hire purchase a house under a scheme on terms and conditions set out for the purpose.
(l) "Income" means the aggregate income egularly derived by the applicant from his occupation, trade business or employment or any calling or source, constituting normal means of livelihood;
(m) "Instalment" means annual instalment as payable by an allottee under these egulations;
(n) "Sale price" means the sale price of house as may be fixed by the chairman under egulation 24;
(o) "Scheme" means a Middle Income Group Housing Scheme referred to in egulation 2.
(2) Words used in these egulation but not defined shall have the same meaning as assigned to them in Andhra Pradesh Housing Board Act, 1956 (XI of 1956).
Regulation 4
(1) The Board may subject to the provisions of these regulations, allot houses to persons who agree to purchase them in accordance with these egulations.
(2) The disposal of the houses shall be reffected either by allotment on out ight sale or hire purchase system in the manner provided in these egulations.
Regulation 5
(1) The Board for the purpose of allotment of house shall issue a notice published in the manner specified in Sub-regulations (2) for inviting applications before a date specified therein.
(i) for egistration of name for allotment in case the construction of house has yet to be taken up under a scheme; or
(ii) for allotment of house constructed by the Board under a scheme eferred to in egulation (2).
(2)
(a) Notwithstanding anything contained in these egulations the Board may also specify the form of application in espect of a category eferred in Sub egulation (1) (i) and fix the fee for egistering the application. The allotment of house for that category, shall be by drawal of lots from such of the applicants only, who have already got their names egistered and any eference in egulations shall mean a eference to the applicants who had already egistered their names and fee for egistration shall be treated as earnest money deposit for the purpose of these egulations.
(b) The notice shall specify the location of house available for allotment either on hire purchase system, or outright sale, the estimated cost price of the house the class of persons including persons serving in the Defence Services and those belonging to Scheduled Castes and Scheduled Tribes for whom the number of schemes eferred to in Regulation 2 is reserved ,the amount payable as earnest money as provided in regulation 6 the last date for submission of application and such other particulars as the chairman may consider necessary. The notice shall also state the amount of initial payment:
Provided that the last date for submission of application by Defence personnel shall be one month later than the date fixed for other applicants.
(c) The notice shall be published in not less than three daily new papers published in the main languages, i.e., English, Telugu and Urdu having wide circulation in the State.
(d) A prospectus in English, Telugu or Urdu along with application form shall also be published which may be obtained by any person at the Office of the Board or any other place on payment of such cost as may be specified by the Chairman which is not efundable in which the layout plan of the area; design and specification of the house and copy of these egulations as well as the form of application and the agreement are made available.
Regulation 6
Every applicant shall deposit or cause to be deposited an earnest money amount equivalent to 10 of the notified cost of the house flat applied for in cash through a challan at the extension counter of the State Bank of Hyderabad situated in Gruhakalpa, Mukarramjahi Road, Hyderabad, or some other place which the Chairman may specify in notice. The earnest money can also be emitted by means of a Demand Draft in favour of the Secretary, Andhra Pradesh Housing Board, Mukarramjahi Road, Hyderabad obtained from any scheduled Bank in Andhra Pradesh. The Challan or Demand Draft obtained to cover up the earnest money may be enclosed to the application form. "The earnest money as so deposited shall be adjusted towards the first instalment". Regulation 6 is amended in G.O.Ms.37 Housing dated 3-11-86.
Regulation 7
Application for allotment shall be presented in Form I-A, I-B and I-C as the case may be. The applicant shall follow the instructions contained in Form 2. The application shall be accompanied by a statement containing the names of family members, the aggregate annual income of the applicant, the present address where the applicant and the members of his statement to the effect that he does not own a house or plot within the limits of the concerned municipality in his name or in the name of his wife or minor children.
Regulation 8
The earnest money shall be efunded to the applicant if no allotment is made in his favour.
Regulation 9
No application shall be accepted by the Chairman unless it is eceived on or before the date specified in the notice and the applicant furnished the statement eferred to in egulation 7 produces evidence in support of the aggregate income icated in the statement and pays the earnest money as provided in the notice published under Regulations 5.
Regulation 10
On eceipt of the applicant under egulation 7 the Secretary shall enter each application in a egister maintained for the purpose, in the order in which each application is accepted and shall pass eceipt to the applicant in token of having eceived the applicant.
Regulation 11
(a) The Chairman, may select the applicant for allotment of house advertised by drawing lots as provided by egulation 12. The decision of the Chairman shall be final.
(2) Notwithstanding anything contained in these egulations, the Chairman may in the special and deserving cases, ecommend to the Government, which shall be supported by a esolution of the Board for allotment of certain houses constructed under the scheme eferred to in Sub egulation (1) of egulation 2 in favour of the occupants of the house which were demolished for purpose of development of housing schemes in the lands acquired from them including their old houses. The decision of the Government is final in such matters and any allotment done based on Government orders shall be deemed to be an allotment under this egulation.
Regulation 12
(a) The following principles may be observed, while making the allotment of houses by drawal of lots among the eligible applicants for a particulars design of house in any particular locality:
(i) Twenty percent of the houses be earmarked for outright sale; [xxx]
(ii) Fifteen percent of the houses be earmarked for allotment on hire purchase system to those who deposit 50% of the estimated cost price, as initial deposit; [xxx]
(iii) Sixty five percent of the houses be earmarked for allotment on hire purchase system to those who deposit 20% of the estimated cost price as initial deposit.
(b) 5% of the houses offered for sale either by hire purchase, outright sale shall be eserved for Defence personnel and allotted by lots in the following orders of priority.
[(i) Widows or other dependents of Defence and B.S.F. personnel who have been killed in action; or who die while in service
(ii) Disabled service and of B.S.F. personnel who are invalidated and out of service:
(iii) Gallentry Award winners of the Defence and B.S.F. Forces
(iv) Ex-service mean and Ex.BSF Personnel and
(v) Serving Defence and B.S.F. personnel]
(c) 18% of the houses offered for sale either by hire purchase or outright sale shall be reserved for allotment by lots among Scheduled Castes and Scheduled Tribes in ratio 14:4;
(d) 5% of the houses offered for sale either by hire purchase or outright sale shall be reserved for M.L.As and M.L.Cs and members of Parliament of Andhra Pradesh and allotted by drawals of lots.
(dd)9% percent of the houses offered for sale either on hire purchase on outright sale shall be eserved for allotment by drawal of lots, to the applicants belonging to Backward Classes."
(ddd)1% percent of the houses offered for sale either on hire purchase on outright sale shall be reserved for each of the following categories of applications: (i) Physically Handicapped and (2) Freedom Fighters".
(e) 10% of the houses offered for sale either by hire purchase or outright sale shall be reserved for allotment by drawal of lots among State Government servants, and such of the eitied Government servants who have etired on or after 1-4-1976 including Employees of Semi Government, Local Bodies and other Public Institutions under the control of the Government, in the following order of priority:
(a) Retired Government servants who have etired on or after 1-4-1976.
(b) Government servants.
(f) The remaining 51 per cent shall be allotted among the remaining applicants.
Regulation 13
Houses constructed under the scheme shall be allotted only to those applicants who are eligible under the scheme:
Provided that where there are no sufficient number applicants for the reserved tenements, the balance number of tenements so eserved shall be deemed to have been allotted those to be allotted under clause (f).
Regulation 14
The Secretary shall first scrutinise and list out the eligible applications from the total number of the applicants received and registered before the specified date.
Regulation 15
(a) The Secretary shall have power to make enquiries, call for information from any person whomsoever demand documents and evidence in form of an affidavit or otherwise from the applicant and do any other thing which he considers necessary to scrutinise the application.
(b) Any application which is incomplete in any respect is liable to be rejected.
Regulation 16
(a) The Chairman shall make arrangements for drawal of lots among all the eligible applicants. A notice of not less than seven days, specifying the date, time and venue of the drawal of lots shall be given to eligible applicants. Any inadvertant omission to send the notice or non-receipt of notice by any applicant, shall not vitiate due drawal of lots.
(b) lots shall be drawn separately for houses earmarked for outright sale and for allotment on hire purchase system designwise and Locality-wise in respect of each scheme in presence of such of the Members of the Housing Board and the eligible applicants who may be present at the time of drawals of lots.
(c) Lots shall be simultaneously drawn and ecorded in respect of houses and applicants and the number of applicants who have succeeded in the Lots shall be arranged icating the house number which has been drawn by lots against that applicant.
(d) After the drawal of lots under clause (c) further lots may be drawn to an extent of 331/3% of number of houses available for allotment in respect of categories.
(e) The Chairman shall prepare an allotment register and enter the names of allottees in accordance with the record kept under clause (c) against the house allotted to the allottee.
Regulation 17
Lots shall be drawn in respect of reserved quota first and the applications remaining after drawal of lots shall be added to the general pool and then the lots drawn for the general pool.
Regulation 18
The list as per lots drawn up shall be published at the office of the Board or such other places as may be specified by Chairman.
Regulation 19
The following principles shall be observed in selecting the applicants for allotments. No allotment shall be made if the applicants--
(i) Owns a house *[any where in the Urban areas and urban agglomeratons in the State of Andhra Pradesh either] in his or her own name or in the name of his her husband wife as the case may be, or in the name of his or her minor children..
(ii) has and annual income less than s.18, No.1.
(iii) has not got the requisite paying capacity: Provided that the Chairman may in his discretion for sufficient reasons relax any of the provisions of this Regulation in favour of any applicant.
Regulation 20
After the allotment of house in finalised, the chairman shall issue an allotment letter in Form '3-A','3-B' or '3-C' as the case may be informing the allottee that the house is allotted to him on the terms and conditions specified in the letter and asking him to call at the office of the Housing Board or any other place specified therein and complete the formalities with the period specified in letter.
Regulation 21
On receipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellation or refuses the allotment, the earnest money deposit shall be forfeited.
Regulation 22
(1)
(i) In case of allotment by outright sale as referred to in egulation 12 (a)(i) the allottee shall pay the estimated cost in full and also execute an agreement for sale in Form 5 on a non judicial stamp paper prescribed for agreements within 30 days from the date of receipt of the allotment letter.
(ii) In case of allotment under hire purchase system as referred in egulation 12(a)(ii), the allottee shall pay 50 and the estimated cost and also execute lease cum sale agreement with the Board in Form 6 on non judicial stamp paper prescribed for agreements within thirty days from the date of receipt of the allotment letter.
(iii) In case of allotment on hire purchase system as referred to in egulation 12 (a)(iii) the allottee shall pay 30 of the estimated cost and also execute lease cum sale agreement with the board in form (6) on non judicial stamp paper prescribed for agreements within thirty days from the date of eceipt of allotment letter.
(2) After the required payment as specified in Sub egulation (1) of regulation 22 is made and the required agreement in Form 5 or Form 6, as the case may be, has also been shall be issued to possession of the house shall be given to the allottee and a letter in Form 7 duly executed, the allottee for receiving possession of the house.
(3) If the allottee fails to make the required payment as specified in regulation 22(1) and also to execute the equired agreement in Form 5 or Form 6, as the case may be the allotment, shall be cancelled and the earnest money deposited by him shall forfeited to the Board.
Provided that the Chairman may in his discretion grant extension of time for the required payment and also for execution of the agreement. *[normally subject to maximum period of six months or in the cases where advances applied for the departments or their employers to the extend necessary subject, however to payment of penal interest at one and half times the rate of normal interest on delayed payment".
Regulation 22A
Notwithstanding any thing contained in Regulations 19 and 22, the VC and HC shall be competent to:
(i) Refund the E.M.D. (advance payment) in full without any deduction to the applicants who are in waiting list.
(ii) Refund in full the E.M.D. (advance payment) deposited by the allottees in respect of applicants who have refused the allotment within the time prescribed in allotment letters.
(iii) Deduct in case of: H.I.G. a sum of Rs.2000 M.I.G. a sum of Rs.1,000 L.I.G. a sum of Rs.200 E.W.S. a sum of Rs.100 or 2% of the amounts paid whichever is more in case the allottee either fails to pay instalment or instaments in time or requests for the refund of the amounts paid by him."]
Regulation 23
(1) The estimated cost price of a house shall comprise of -
(i) The cost of land, (ii) the cost of development which shall include external amenities such as formation of roads, provision of dust proof surfacing, open space, parks, play grounds, etc., and laying of mains for water supply, drainage and electricity and places for community use, etc.
(iii) The cost of civil works.
(iv) The cost of internal amenities such as water supply, drainage and electricity.
(v) Supervision changes on construction and provision of amenities etc., at such ates as the Board may fix from time to time; and
(vi) Interest at such rate and for such period as may be fixed by Board on the total of clauses (i) to (iv) from the date of drawal of loan for construction of the house.
(2) Notwithstanding anything contained in the notices inviting application or the agreement executed by the allottee, if after receipt of final bills for the construction of houses or payment of interest on the amount of loans taken for the construction of such houses or after final determination of the cost of land, and development of land or for expenditure incurred for supervision the Chairman considers it necessary to revise the estimated cost price, already specified in the notice or agreement, he may do so and determine the final cost price payable on allotment and all allottees in elation to the houses aforesaid shall be bound by such determination and they shall pay the difference if any between the final cost price as determined and the price paid by them including price paid in lumpsum.
[Provided that it shall be open to the Vice Chairman and Housing Commissioner, Andhra Pradesh Housing Board to call upon the allottee, through a notice to pay a particular amount, over and above the initial deposit or instalments already paid or payable to meet the escalation in the cost price (either due to increase in the cost labour or materials in the cost price (either due to increase in the cost labour or materials etc. or due to delay in the execution of the scheme or even otherwise0 pending the determination of final cost price before a particular date specified in the notice. The Vice Chairman and Housing Commissioner shall have the discretion to issue, any such notice, at any time either during the execution or after the completion of the scheme. Any failure to pay the amount specified in the notice shall entail cancellation of the allotment and resumption of the premises.]
(3) The final fixation of sale price should be done within two years from the date of allotment of the house. The said period may however be extended by Government in the case of such of the houses whose final cost cannot be fixed within two years prescribed because the matters relating to land compensation or the payment of final bills to the contractors are pending in the court.
Regulation 24
(1) In case of allotment by outright sale referred to Regulation 12(a)(i) the sale price shall comprise of the estimated cost price and enhance amount if any under egulation 23(2).
(2) In case of allotment on hire purchase system the sale price shall comprise, of:
(i) 50% of the estimated cost price in case of allotment under regulation 12(a) (ii) of 20% of the estimated cost price in case of allotment under regulation 12(a)(iii) as the case may be; and
(ii) the balance of 50% or 70% of the estimated cost price together with interest thereon at such rates as may be fixed by the Board calculated for the period specified by the Board and enhanced amount if under Regulation 23(2).
(iii) contingencies at such rate as may be fixed by the Board; and
(iv) incidental charges at such rates as may be fixed by the Board from time to time.
(3) Total of sub clauses (ii),(iii) and (iv) of Sub egulation (2) shall be payable by the allottee in equated instalments spread over a period specified by the Board.
(4) The earnest money deposit paid along with the application shall be adjusted towards 50% or 20% of the estimated cost under regulation 22.
Regulation 25
In consonance with these regulations and in pursuance of the provisions of lease cum sale agreement in Form 6 on taking possession of the house, the responsibility for the maintenance and keeping in good conditions of the house and the services shall rest with the allottee. In case the allottee fails to maintain and keep the house in good condition the maintenance shall be done by the board at expense of allottee.
Regulation 26
In consonance with the regulations and in pursuance of provisions of the lease cum sale agreement in Form 6 all rates, charges assessment and other levies of whatsover shall be paid directly by the allottee.
Regulation 27
(1) On payment of sale price as finally fixed, the house shall be transferred in the name of the allottee or any member in his family on a request made in writing by the allottee indicating the compelling reasons therefor and on acceptance of such request by the Chairman by executing conveyance deed, provided that such member of the allottee's family is otherwise eligible for allotment of house under these regulations. On such transfer being effected the transferee shall not be eligible for allotment of house. The expenses on account of stamp duly, registration fee and any other incidental charges shall be borne by the allottee.
Provided that no such transfer shall be affected till the lapses of five years from the date of giving possession of the house to the allottee.]
[(2)
(i) Nothing contained in Sub regulation (1) shall prevent the Government servant, who has been allotted a house to mortgage the said houses in favour of the Central Government, State Government, Life Insurance Corporation of India or any loan advancing institutions,as the case may be, immediately on payment of provisional sale price of the allotted house, even before the transfer of the house in his name and before the expiry of five years from the date of taking possession of the house, subject, however, with the prior permission of the Vice Chairman and housing Commissioner of the Housing Board.
(ii) In case the sale price has not been finally determined the allottee shall give (a) an undertaking to pay to the Housing Board such excess amount as may be determined towards the final cost in terms of sub regulation (2) of Regulation 23, (b) shall deposit in cash demand that may become payable after determination of final cost and (c) also furnish security from two permanent employees of the institution of equal or higher status where the allottee is employed]
(3) In case of allotment on hire purchase system the allottee shall emain a tenant of the Board, till such time as the house is conveyed in the name of allottee and shall have no other ight except than of a tenant.
Regulation 28
(i) In cases where the Housing Board is not able to get sufficient number of applications for allotment in response to the notifications, the Board should renotify the balance number of houses again and again till sufficient number of applications are received and the houses allotted according to the procedure laid down in the regulation.
(ii) Similarly the vacancies arising on account of cancellation, rejection, etc., shall be filed up by notification as laid down in the regulation.
(iii) Such houses, which are allotted on ental basis purely temporarily shall also be notified and allotted as per the procedure in these regulations.
Regulation 29
The provisions contained in these regulations shall mutatis mutandis apply to allotment of flats, provided that the lease cum sale agreement shall be executed by the allottee in Form 8.
APPENDIX 1A FORM 1A
Andhra Pradesh Housing Board
OUTRIGHT SALE
FORM I-A.
(See Regulation 7)
Application form for the allotment of a house flat on outright sale constructed under high income group housing scheme referred to in Regulation 2.
To
The Vice Chairman Housing Commissioner
Andhra Pradesh Housing Board,
"Gruhakalpa", Mukarramjahi ao,
Hyderabad 500001 (A.P.)
I Request you to allot me a house flat constructed under H.I.G. M.I.G L.I.G. Housing Scheme, the design and locality in which it is situated are icated below:
Name of the Locality Type Design
I have ead the egulations elating to the allotment of house by the Board and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars equired and enclose a Challan No.............Dated..........19....in token of having deposited the required earnest money of Rs..........
1. Full name of the applicant:
(in block letters)
2. Father's Husband's name:
(in block letters)
3. Full Address:
(in block letters)
(i) Present:
(ii) Permanent:
4. Date of birth age Supported by authenticated documents. Persons whose date of birth is not recorded shall enclose age certificate obtained from any Gazetted Officer.
5. Occupation.
6. Whether the applicant already owns a house in his name or in the name of his wife or husband or in the name of minor child. If not a Certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categories, mentioned in egulation 12, and if so a Certificate to that effect from the con cerned authority icating the category shall be enclosed to the application.
2. S.C. or S.T. or B.C. Certificate may be signed by M.P., M.L.A.,M.L.C. or Gazetted Officer.
8. Annual Income of the applicant and sources of such income.
(a) Profession of Occupation.
(b) ent of property Viz., mulgies, shops, etc.,
(c) From lands.
9. I hereby declare that the information given by me in the above application is true and correct and if it is later on notice to be false or untrue, may application under eference and all other applications, if any, should be treated as cancelled and if I have been successful in getting house on the basis of false or untrue information the allotment may be treated as void abinitio.
Date.........19... Signature of the applicant.
Address: (in block letters) Assistant Estate Officer.
APPENDIX 1B FORM 1B
FORM (See Regulation 7)
Andhra Pradesh Housing Board
FORM I-B ( See Regulation 7 )
Allotment in hire purchase system (fifty percent of the estimated cost price hire purchase deposit)
Application form for the allotment of a house flat on hire purchase system constructed under high middle low income group housing scheme referred to in Regulation 2.
To
The Vice Chairman Housing Commissioner, ANdhra Pradesh Housing Board, "Gruhakalpa" Mukarramjahi oad, Hyderabad 500 001 (A.P.)
Sir,
I request you to allot me a house flat constructed under H.I.G. M.I.G L.I.G. Housing Scheme, the design and locality in which it is situated are icated below:
Name of the locality Type Design
I have read the regulations elating to the allotment of house by the Board and I agree to abide by them or such other additions or alterations that may be made therein from time to time.
I furnish below the particulars required and enclose a challan No............Dated............19.....in token of having deposited the equired earnest money of Rs..........
1. Full name of the applicant:
(in block letters)
2. Father's Husband's name:
(In block letters)
3. Full address :
(in block letters)
(i) Present
(ii) Permanent.
4. Date of birth age supported by authenticated documents. Persons whose date of birth is not ecorded shall enclose age Certificate obtained from any Gazetted Officer.
5. Occupation.
6. Whether the applicant already owns a house in his name or in the name of his wife or husband or in the name of minor child. If not a Certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of categories mentioned in egulation 12, and if so a Certificate to that effect from the concerned authority icating the category shall be enclosed to the application.
8. Annual Income of the applicant and sources of such income.
(a) Profession of Occupation.
(b) Rent of property, Viz., mulgies, shops etc.,
(c) From lands.
9. I have declare that the information given by me in the above application is true and correct and if it is later on notice to be false or untrue, my application under eference and all other applications,if any should be treated as cancelled and if I have been successful in getting a house on the basis of false or untrue information the allotment may be treated as void abinitio.
Date.........19.... Signature of the applicant
Address: (in block letters) Assistant Estate Officer
APPENDIX 1C FORM 1C
FORM
Andhra Pradesh Housing Board
FORM I-C
(See Regulation 7)
Allotment in hire purchase system (Twenty percent of the estimated cost price hire purchase deposit)
Application form for the Allotment of House Flat on hire purchase system constructed under H.I.G. Income Group House Scheme referred to in Regulation 2.
To
The Vice Chairman Housing Commissioner, Andhra Pradesh Housing Board, "Gruhakalpa" Mukarramjahi oad, Hyderabad 500001 (A.P.)
Sir,
I equest you to allot me a house flat constructed under H.I.G. M.I.G. L.I.G. Housing Scheme, the design and locality in which it is situated are below:-
Name of the Locality Type Design
I have ead the egulations elating to the allotment of house by the Board and I agree to abide by them or such other additions or alterations that may be made there in from time to time.
I furnish below the particulars equired and enclose a challan No..........Dated.............19...in token of having deposited the required earnest money of Rs...........
1. Full name of the applicant:
(in block letters)
2. Father's Husband's name:
(in block letters)
3. Full address:
(in block letters)
(i) Present.
(ii) Permanent
4. Date of birth age supported by authenticated documents. Persons whose date of birth is not recorded shall enclose age Certificate obtained from any Gazetted Officer.
5. Occupation.
6. Whether the applicant already owns a house in his name or in the name of his wife or husband or in the name of minor child. If not a Certificate to that effect from a Gazetted Officer shall be enclosed to the application.
7. Whether the applicant belongs to any of the categ ories mentioned in egulations 12, and if so a Certificate to that effect from the concerned authority indicating the category shall be enclosed to the application.
8. Annual Income of the applicant and sources of such income.
(a) Profession of Occupation.
(b) Rent of property, Viz., mulgies, shops etc.,
(c) From lands.
9. I hereby declare that the information given by me in the above application is true and correct and if it is later on noticed to be false or untrue, my application under reference and all other applications, if any should be treated as cancelled and if I have been successful in getting a house on the basis of false or untrue information the allotment may be treated as void abinitio.
Address: (in block letters) Signature of the applicant.
Dated............19.... Assistant Estate Officer.
APPENDIX 2 FORM 2
FORM
Form 2
(See regulation 7)
Instructions to the Applicant
1. The application for duly filled together with the required Certificates, shall be presented in person or sent by registered post so as to each the Secretary, Andhra Pradesh Housing Board, within the date and time specified in the notice. Applications received after the last date stipulated, will be ejected. The Certificates such as Income, No House will not by accepted after the due date:
2. The Earnest Money shall be deposited in cash through a Special Chelan at the Extension Counter of State Bank of Hyderabad, situated at Gruhakalpa, Mukarramjahi ao, Hyderabad or in any Branch of State Bank of Hyderabad situated in twin Cities of Hyderabad and Secunderabad, and the same shall be enclosed to the application.
3. A person cannot submit more than one application.
4. Minors cannot apply.
5. An Agreement and Affidavit on Non Judicial stamp paper of Rs.5 00 each as in form 9/8 shall be furnished after allotment.
6. Personal Income of the applicant alone will be taken into consideration and not the Income of either the Wife Husband or any other member of the family.
7. The applicant shall furnish the following particulars on a se the sheet of paper and enclose it to the application form.
Particulars of the family
SlNo Name of the family members Age Relationship with the applicant Occupation
8. The Board does not guarantee the allotment of a house to every applicant it serves to itself the right to reject any application without assigning reasons.
9. Orders of allotment will be published on the Notice Board of the Officer of the Andhra Pradesh Housing Board and also communicated ividually as per the address furnished in the application.
10. Number of houses notified for allotment is subject to such variations as may be found necessary be the Vice Chairman and Housing Commissioner.
11. Water and drainage mains shall belong to the Housing Board and any person authorised by the Vice Chairman and Housing Commissioner shall have the right to enter the premises to inspect, connect alter or repair any water mains or drainage passing through the premises of the Lessee.
12. The Houses allotted should be occupied by the allottees themselves and should not be let out except for genuine reasons acceptable by the Vice Chairman and Housing Commissioner.
13. The applicant should enclose a Certificate signed by Gazetted Officer that he she does not own a house in his her name or in the name of his her husband wife or minor child.
14. The layout plans of the houses notified for allotment are also displayed at the place where drawal of lots is conducted.
15. The percentage of reservations of houses flats, in different Categories, is as follows:-
Sl.No Category of Houses Legislators of A.P Defence& B.S.F personnel S.C. S.T. B.C. G.S. P.H. F.F. 1. H.I.G. 5% 5% 14% 4% 9% 10% 1% 1% 2. M.I.G. 5% 5% 14% 4% 9% 10% 1% 1% 3. L.I.G. 5% 2% 14% 4% 15% 10% 2% 2% 4 E.W.S. -- 4% 14% 4% 18% 5% 2% 2 %
16. The Income Limit is as follows: per month.
[1. H.I.G. above Rs.3,700
2. M.I.G. above Rs.2,200 to 3,700.
3. L.I.G. I & II Rs.1050 to 2200.
4. E.W.S. upto Rs.700.]
17. Application form purchased and submitted in espect of 100% 50% and 20% payment, will be considered in that Category only.
18. (a) [xxx]
(b) For allotment of houses in all categories, under Defence, preference will be given in the order of:
(i) Widows or other dependents of Defence and Border Security Force personnel who have been killed in action.
(ii) Disabled Service and B.S.F. personnel who are invalidated and out of service.
(iii) Ex-Servicemen and Ex.B.S.F. personnel.
(iv) Serving Defence B.S.F. Personnel.
(c) For allotment of houses in all categories, under Government Service, preference will be given.
(a) Retired State Government Servant on or after 1-4-1976,
(b) Serving State Government Servants.
19. The provisions of relevant regulations for allotment, Management and Sale of H.I.G., M.I.G., L.I.G., and E.W.S. houses flats constructed by the A.P. Housing Board shall apply in all matters elating to the houses flats in the above scheme.
APPENDIX 3A FORM 3A
FORM
FORM 3-A
(See Regulation 20)
Office of the Andhra Pradesh Housing Board
GRUHAKALPA, Mukarramjahi Road, Hyderabad.
No. /E/198. Dated: /198.
To
Sri/Smt./Kum......................
.................................
.................................
Allotment Letter
Ref: His Her application No.............for the allotment of a House Flat on outright sale basis under Hig Group Housing Scheme.
The Hig Income Group House Flat bearing No..........design....... at.............and subject to the following conditions.
1. On eceipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellation or refused the allotment, the earnest money deposit shall be forfeited.
2. He she shall deposit with this office a sum of Rs...........towards estimated cost price in the extension counter of the State Bank of Hyderabad situated in "GRUHAKALPA" Mukarramjahi oad, Hyderabad or through Demand Draft in favour of the Secretary, Andhra Pradesh Housing Board and also execute an AGREEMENT FOR SALE as per proforma enclosed duly affixing adhesive stamp of Rs.5 00 on top of the first page, within (30) days from the date of receipt of the allotment letter as required in regulation (22)
3. The allottee shall emit sum of Rs.7 50 towards the cost of a set of printed form of agreement for sale etc., through challan along with the initial deposit.
Yours faithfully,
for Vice Chairman.
By Regd. Post with Ack Due
20% 50% of the estimated Cost
Prince Hire Purchase Deposit.
APPENDIX 3B FORM 3B
FORM
FORM 3-C
(See Regulation 20)
Office of the Andhra Pradesh Housing Board
Gruhakalpa, Mukarramjahi oad, Hyderabad I
No. /E /198. Dated 198.
To
Sri/Smt ...........................................................................
...........................................................................
...........................................................................
Sir/Madam,
Ref: His Her application No...................for allotment of a house flat on hire purchase system H.I.G M.I.G L.I.G E.W.S. Housing Scheme.
Allotment Letter
The House Flat No..............at..........Design..........is allotted to him her on hire purchase system on the basis of drawal of lots conducted on..................at...........and subject to the following conditions.
(1) On eceipt of allotment letter, the allottee shall within the period specified in the letter, comply with the requirements as mentioned therein. In case the allottee seeks cancellation or refuses the allotment, the Earnest Money Deposit shall be forfeited.
(2) The allottee shall deposit with this Officer a sum of Rs...........by a challan towards 50% 20% of the estimated cost price of the house flat in the extension counter of the State Bank of Hyderabad Gruhakalpa, Mukarramjahi road, Hyderabad or through demand draf in favour of the Secretary, A.P. Housing Board and execute a Agreement for sale in form 6/7 within THIRTY DAYS from the date of receipt of allotment letter.
(3) The allottee shall execute Agreement for sale as per proforma enclosed duly affixing adhesive stamp of Rs.5 00 on the top of the first page and shall emit a sum of Rs.7-50 towards the cost of a set of printed form of agreement for sale etc. through Chelan along with the initial deposit.
(4) Till such time as the house is conveyed in the name of allottee, the responsibility for the maintenance and keeping good condition of the house flat and the service shall est with the allottee.
(5) The allottee shall be bound by the Andhra Pradesh Housing board Act, ules and Regulations hereunder for the time being inforce.
(6) The allottee shall pay equated instalments towards value of the house flat as stipulated in the regulations and agreement for sale and obtain a duly registered conveyance after observing all the conditions.
(7) Possession of the house flat shall be given after Agreement for sale is duly executed.
(8) The allottee shall accept any alternation in the value of the house flat intimated by the Vice Chairman.
(9) The allottee shall furnish a nomination in Form 10 in favour of any member of his her family, however, the allottee shall be at liberty to change the nomination at any time before the conveyance of the ownership of the house flat in his her name.
Yours Faithfully
For Vice Chairman
Andhra Pradesh
Housing Board
(Out right Sale)
APPENDIX 4 FORM 4
FORM
FORM-4
(See Regulation 22(iii)
Agreement for Sale
This Deed of Agreement for sale executed at Hyderabad this _____________________ day of ___________________ 198.
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of the Andhra Pradesh Housing Board Act 1956, hereinafter called the Act and represented by its Chairman or his delegate having the office at Hyderabad hereinafter referred to as the owner (which term shall wherever the context so permits means and includes its successors in interest and assigns) of the one part.
AND
Sri/Smt/Kum ______________ S/D/W of___________ residing at hereinafter called the purchaser (which term shall wherever the context so permits means includes her his heirs executors, administrators, legal representatives and assigns) of the other part.
Whereas the purchaser has applied to the owner for allotment on Outright sale of house 'flat constructed under HIG/MIG/LIG housing scheme eferred to in regulation 2 by the Andhra Pradesh Housing Board.
Whereas the owner has agreed to allot the house on outrights sale in all that piece and parcel of the land more particularly described in the schedule hereunder and which together with the building and fitting thereon is hereinafter to referred to as "The Property" to the purchaser on terms and conditions hereinafter mentioned; and
Whereas the owner has further agreed to sell the property to the purchaser on the terms and conditions hereinafter mentioned. Now this ure witnesseth as Follows:
1. On the purchaser paying the full estimated cost price and other amounts, if any, payable by her him under this ure the owner shall convey the property to the purchaser by executing a conveyance deed subject to the condition that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this sure and that the charges towards stamp duty and registration fee for conveyance of the property shall be borne by the purchaser.
2. The purchaser agrees to pay the Board any amount that may be found as payable by him her at the time of fixing the sale price of the house flat subsequently within five years from the date of this ure.
3. The purchaser has paid the estimated cost price in full payable under the regulations to the owner and this sum is hereby acknowledged by the owner.
4. In all matters of doubt concerning and in respect of this ure the decision of the Chairman shall be final and b ing on the purchaser.
5. In witness here of Sri ----------- Secretary on behalf and by the order and direction of Chairman and Sri/Smt -----------------------purchaser have hereunto set their hands.
Signature of the Owner.
In the presence of witnesses:
1.
2. Signature of purchaser.
In the presence of witnesses:
1.
2.
SCHEDULE
Description of the Property
H.I.G./M.I.G./L.I.G./E.W.S., house/flat No..............Design .................situated at.................................... as per the plant appended and bounded by:
East :
West :
North:
South:
Signature of the Owner
In the presence of witnesses :
1.
2.
Signature of the Lessee.
In the presence of witnesses:
1.
2.
APPENDIX 5 FORM 5
FORM
FORM 5
(See Rule 22)
Agreement for Sale of dependent House
This deed of Agreement executed at ___________this_________ day of ______________
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of the Andhra Pradesh Housing Board Act 1956, hereinafter called the Act and represented by its Chairman of his delegate, having the Officer at Hyderabad hereinafter referred to as the owner (which term shall wherever the context so permits means and includes its successors in interest and assigns) of the one part.
AND
Sri/Smt/Kum ________S/W/D/O __________ residing at______________hereinafter called the purchase (which term shall wherever the context so permit means and includes his her heirs, executors, administrators; legal representatives and assigns) of the other part.
Whereas the purchaser has applied to the owner for allotment of house constructed under HIG/MIG/LIG/EWS Housing Scheme by the Andhra Pradesh Housing Board and
Whereas the owner has agreed to allot the house in all the piece and parcel of the land more particularly described in the schedule hereinafter eferred to as "The property" to the purchaser on terms and conditions hereinafter mentioned, and
Whereas the owner has further agreed to sell the property to the purchaser on terms and conditions hereinafter mentioned.
Now this ure Witnesseth as Follows :
1. Until such time as the owner conveys the property to the purchase as hereinafter stipulated or unto such time as this agreement is determined by the owner as hereinafter provided, the purchaser is permitted to be in possession of the property on terms and conditions hereinafter mentioned and the date of occupation of the property by the purchaser shall be deemed to have commenced as and from the date of this indenture.
2. The purchaser shall pay all ates, taxes, cesses and other outgoing payable in espect of the property to the Government, State or Central and any local body or local authority.
3. The purchaser shall pay all charges for consumption of water and Electricity for the property.
4. The purchaser shall pay all charges for replacement or repairs of any fitting elating to water supply drainage or electricity on the property.
5. It is expressly agreed between the parties hereto that the purchaser is not the owner of the property that he she shall have no light either to sell or mortgage or otherwise dispose of the property and that the purchaser shall not be entitled to claim title thereto until the sale price there of, as finally determined and other amounts payable by the purchaser to the owner have been paid and the property is conveyed in the name of the purchaser.
6. The purchaser shall not make or permit to be made any alterations or additions to the said property without the previous permission in writing of the owner and except in accordance with the terms for such permission and the plans approved by the owner. In case of any deviation, from such permission or plans, the purchaser shall immediately upon the receipt of notice from the owner enquiring him so to do, correct such deviation as aforesaid and if the purchaser neglects to correct such deviation from the plan for one calender month after the eceipt by him o such notice then it shall be lawful for the owner, to cause such deviation to be corrected at the expense of the purchaser, which expenditure the purchaser hereby agrees to reimburse by paying to the owner such amount as the owner decision shall be final shall fix in that behalf, provided the owner may at its discretion, effuse permission for any addition or alteration whatsoever and its decision in the behalf shall be final, provided further than any rectification under this clause by the owner shall not absolve the purchaser from any liability under these regulations or Provisions of the Andhra Pradesh Housing Board Act.
[6-A. Any addition or alteration done to the property by the purchaser, without the written permission of the owner, may at the discretion of the owner, be regularised on payment of a compounding fee, at the ate that may be prescribed by the owner in this regard. However no addition or alteration that is deemed objectionable by the owner, shall be egularised and it shall be demolished by the purchaser, failing which the owner will be at liberty to get the same demolished and recover the cost thereof from the purchaser.
7. The purchaser shall maintain the property at his cost as per regulation 25.
8. The Chairman or any person authorised by him under the Act shall have the light to enter, inspect, connect alter or epair any water mains or drainage passing through the property and the purchaser shall ender all assistance and facilities and furnish such information as may be required by the person inspecting the property for the purpose of the regulations.
9. The Purchaser shall abide by the regulations in force or which may hereinafter by enforced from time to time.
10. If there is any contravention by the purchaser of any of the terms expressed or implied under this agreement or under the said regulations it shall be lawful or evict the purchaser and thereupon this agreement shall stand determined and the amount paid by him shall stand forfeited to the owner.
11. The owner shall not be responsible for any defects, structural or otherwise in the property and the purchaser shall be bound to purchase the property notwithstanding defects, if any, in construction, without any claim for compensation from the owner.
12. Until such time as the Vice Chairman and Housing Commissioner finally determines the sale price, the purchaser will pay to the owner a sum of Rs..........every three months as instalment towards the balance of sale price of the property after deducting the 50% ,30% ,20% of the estimated cost price, as the case may be already paid on.............and the first instalment shall be payable on or before..............".
13. The instalments ultimately fixed by the owner after the cost has been finally determined by the chairman shall be deemed to have become payable from the date of this urea and any difference between the earlier instalments towards the sale price already paid by the purchaser and the amount payable as instalments, under this clause shall be paid on demand by the purchaser to the owner and if the payment of earlier instalments in excess of the instalments finally fixed the excess will be adjusted in the subsequent instalment after fixation thereof.
14. The owner agrees to sell subject to the provisions of the regulations the property to the purchaser and after expiry of five years from the date of this urea on payment of sale price as finally fixed.
15. The purchaser shall pay to the owner the sale price after deducting the 50% 20% of the estimated cost price already paid by him in annual instalments for a period of.............years.
Provided that the purchaser shall be at liberty to pay to the Board at any time before the expiry of the said period the balance of the sale price due in one lumpsum and get the property transferred in his name subject to the conditions that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this ure and that the charges towards stamp duty, registration fee and other incidental for conveyance of the property shall be borne by the purchaser. When the balance of the sale price is paid before, the expiry of the aforesaid stipulated period the amount of sale price to be paid be revised suitably by the Chairman by educing the quantum of interest to be paid with reference to the period within which the final payment of the sale price is made.
16. The purchaser hereby agrees to pay any increase in the cost price as has been fixed by the Chairman arising out of the increase in compensation of land which is to be decided hereinafter. Such payment shall be proportional amount of such increase the corpus of which will be fixed by the Chairman which will be final b ing on the purchaser. the amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments, spread over number of years as may be fixed by the Chairman.
17. The purchaser hereby further agrees to pay any increasing in the estimated cost price as has been fixed by the Chairman, arising out of the increase in contractors bills as a consequence of the contractor going to this court of law or due to the mutual settlement of the dispute between the Board and the contractor due to any other contingencies which might be decided hereinafter. Such payments shall be proportional amount of such increase the corpus of which will be fixed by the Chairman, which will be fixed by the Chairman, which will be final and being on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option on pay such amount is equated instalments spread over the number years as may be fixed by the Chairman.
18. Without prejudice to anything contained in this agreement the purchaser shall pay to the owner penal interest at 1 1/2/ times the interest fixed by the Board under regulation 23 on outstanding instalments of principle and interest.
19. The purchaser shall make full and regular payment of all the dues that are enquired to be paid by him pursuance of these presents of any documents that imposed any monetary obligation on the purchaser and if any such payment is delayed he she shall be liable to pay penal interest at the ate specified in clause 18. In case of default of payment of dues, the purchaser shall be liable to be evicted under the procedure laid down in chapter VI of the A.P. Housing Board Act 1956 for effecting the eviction and for recovery of all outstanding dues of the owner which are as aforesaid payable by him and thus recoverable under said chapter of the said Act.
20. On the purchaser paying the instalments, sale price and other amounts, if any, payable by the purchaser under this urea and the purchaser duly performing the terms and conditions of this agreement and no such payments and performance only, the owner shall convey the property to the purchaser by executing a conveyance deed.
21. The purchaser shall in no case, assign relinquish, mortgage sublet transfer or part with the possession of any portion or the whole of the said property or cause a sub division thereof, and if the purchaser for cause beyond his control wants to transfer, relinquish or assign purchaser interest in the said property, it shall be the responsibility of the purchaser to satisfy the owner that there is no intention of money making in such transaction by the purchaser, and that there are compelling reasons for such transaction by the purchaser, who will be put to tremendous hardship if the permission is refused and after full enquiry the owner may give written permission with or without condition only after full satisfaction, or may refuse permission in writing for such transaction and owner decision in this regard shall be final and being on the purchaser and every such transfer, assignment or relinquishment of the whole or part of the said property shall be only for the remaer of the terms of this agreement and the permitted transferee or assignee, as the case may be shall be bound by all the terms conditions herein contained and be answerable to the owner in all respects therefore, provided that the amount of instalment shall be re fixed by the owner so that the scale price of the property together with interest thereon shall be recovered within the remaer of the term of the hire purchaser period provided always that no such assignment, relinquishment or transfer shall be valid or permissible wherever the assignee or the transferee is a person who does not fulfill the requirements of eligibility as provided in these regulations and or the scheme under which the said property has been created provided always that the purchaser or his successor in Office, as the case may be shall deliver at his own expenses to the owner at his office the attested copy of the deed of the permitted assignment, relinquishment or transfer as the case may be together with the notice thereof within a month of the date of such deed which shall have been duly registered by it under the ian Registration Act or any other amending statute.
22. If there shall have been an enquiry after hearing the party concerned in the opinion of the owner (whole decision shall be final and being) any mis statement or any concealment of material facts by the purchaser in the application given by him in the prescribed form or in his replies during the scrutiny of his application, it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the hire purchaser deposit paid by him shall stand forfeited to the owner.
23. The purchaser had paid the 50% 20% of the estimated cost price payable under the regulation to the owner on _________and the said sum is hereby acknowledged by the owner.
24. In all matters of doubt, concerning and in respect of this indenture, the decision of the Chairman shall be final and being on the purchaser thereof shall be deemed to be branch of terms of this indenture.
25. The owner hereby agrees that the purchaser making all payments due from him in accordance with these presents and performing and observing all the conditions herein contained shall peacefully hold and enjoy the said property during the said term except for any law full interruption or disturbance by the owner or any person lawfully claiming under it.
In witness here of Sri ______________ Secretary of behalf of and by the order and direction of Chairman and Sri/Smt _______________________ purchaser have hereunto set their hands.
Signature of the owner.
In the presence of witnesses:
1.
2.
Signature of the purchaser.
In the presence of witnesses:
1.
2.
SCHEDULE
Description of the Property
H I.G./M.I.G./L.I.G./E.W.S., house flat No.......Design situated at...................as per the plan appended and bounded by:
East :
West :
North:
South:
Signature of the Owner.
In the presence of witnesses:
1.
2.
Signature of the Lessee.
In the presence of witnesses:
1.
2.
Office of the Andhra Pradesh Housing Board Hyderabad- A.P.
APPENDIX 6 FORM 6
FORM
FORM 6 (See Regulation 22 (2 ))
Handing over Letter
Letter No ------------ Dated ---------------199.
To
Sri ---------
---------
Sir,
Whereas House Flat No.____________ Design_________at ___________was allotted to you vide allotment Lr ___________ and whereas you have complied with the conditions set out in the allotment letter you are requested to present yourself before ______________ who is authorised to hand over possession to you of the House/Flat No.____________ design ____________ at ___________ in the morning at site on any warning day.
You are requested to give receipt to the above mentioned Officer in the accompanying form
Yours faithfully,
for Secretary.
Receipt by the Lessee Purchaser to be give through the Officer handing over the property in pursuance of the handling over letter.
From: Allottee Sri/Smt ____________ of House Flat No. ______________ located at __________________
To
The Vice Chairman, Andhra Pradesh Housing Board, Mukarramjahi Road, Hyderabad,
Sir,
I have duly taken over possession on ______ through _____________ Engineer of your Board at __________ of House/Flat No _______________Located at ______________
Yours faithfully.
Dated __________ 199 .
Place _____________
APPENDIX 7 FORM 7
FORM
FORM 7 (See Rule 22)
Agreement for Sale of Multi storeyed Flats
This deed of Agreement executed at ________this ___ day of __________
Between the Andhra Pradesh Housing Board, a body corporate constituted under the provisions of the Andhra Pradesh Housing Board Act 1956, hereinafter called the Act and represented by its Chairman or his delegatee, having the Office at Hyderabad hereinafter referred to as the owner (which term shall wherever the context so permits means and includes its successors in interest and assigns) of the one part.
AND
Sri/Smt/Kum ___________________S/W/D/O _______________ residing at __________________ hereinafter called the purchaser (which term shall wherever the context so permits means and includes his her heirs, executors, administrators; legal representatives and assigns) of the other part.
Whereas the purchaser has applied to the owner for allotment of house constructed under HIG/MIG/LIG/EWS Housing Scheme by the Andhra Pradesh Housing Board and
Whereas the owner has agreed to allot the house in all the piece and parcel of the land more particularly described in the schedule hereto and hereinafter referred to as "The property" if the purchaser on terms and conditions hereinafter mentioned.
Whereas the owner has further agreed to sell the property to the purchaser on terms and conditions hereinafter mentioned. Now this ure Witnesseth as follows:
1. Until such time as the owner conveys the property to the purchase as hereinafter stipulated or until such time as this agreement is determined by the owner as hereinafter provided, the purchaser is permitted to be in possession of the property on terms and conditions hereinafter mentioned and the date of occupation of the property by the purchaser shall be deemed to have commenced as and from the date of this indenture.
2. The purchaser shall pay all rates, taxes, cesses and other outgoing payable in respect of the property to the Government, State or Central and any local body or local authority.
3. The purchaser shall pay all charges for consumption of water and Electricity for the property.
4. The purchaser shall pay all charges for replacement or repairs of any fitting relating to water supply drainage or electricity on the property.
5. It is expressly agreed between the parties hereto that the purchaser is not the owner of the property that he she shall have no right either to sell or mortgage or otherwise dispose of the property and that the purchaser shall not be entitled to claim title thereto until the sale price thereof, as finally determined and other amounts payable by the purchaser to the owner have been paid and the property is conveyed in the name of the purchaser.
6. The purchaser shall not make or permit to be made any alterations or additions to the said property without the previous permission in writing of the owner and exception accordance with the terms for such permission and the plans approved by the owner. In case of any deviation, from such permission or plans, the purchaser shall immediately upon the receipt of notice from the owner requiring him so to do, correct such deviation as aforesaid and if the Purchaser neglects to correct such deviation from the plan for one calendar month after the receipt by him of such notice then it shall be lawful for the owner, to cause such deviation to be corrected at the expense of the purchaser, which expenditure the purchaser hereby agrees to reimburse by paying to the owner such amount as the owner whose decision shall be final shall fix in that behalf, provided the owner may at its discretion, refuse permission for any addition or alteration whatsoever and it decision in that behalf shall be final, provided further that any rectification under this clause by the owner shall not absolve the purchaser from any liability under these regulations or Provisions of the Andhra Pradesh Housing Board Act.
7. The purchaser shall maintain the property at his cost as per Regulation 25.
8. The Chairman or any person authorised by him under the Act shall have the right to enter, inspect, connect alter or repair any water mains or drainage passing through the property and the purchaser shall render all assistance and facilities and furnish such information as may be required by the person inspecting the property for the purpose of the Regulations.
9. The purchaser shall abide by the regulations in force or which may hereinafter by enforced from time to time.
10. If there is any contravention by the purchaser of any of the terms expressed or implied under this agreement or under the said Regulations it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the amounts paid by him shall stand forfeited to the owner.
11. The owner shall not be responsible for any defects, structural or otherwise in the property and purchaser shall be bound to purchase the property notwithstanding defects, if any, in construction, without any claim for compensation from the owner.
[12. Until such time as the Vice Chairman and Housing Commissioner finally determines the sale price,the purchaser will pay to the owners sum of Rs.....every three months as instalment towards the balance of sale price of the property after deducting the 50% , 30% , 20% of the estimated cost price as the case may be already paid on.........and the first instalment shall be payable on or before................ ;.
13. The instalments ultimately fixed by the owner after the cost has been finally determined by the Chairman shall be deemed to have become payable from the date of this urea and any difference between the earlier instalments towards the sale price already paid by the purchaser and the amount payable as instalments, under this clause shall be paid on demand by the purchaser to the owner and if the payment of earlier instalments is in excess of the instalments finally will be adjusted in the subsequent instalments after fixation thereof.
14. The owner agrees to sell subject to the provisions of the Regulations the property to the purchaser and after expiry of five years from the date of this ure on payment of sale price as finally fixed.
15. The purchaser shall pay to the owner the sale price after deducting the 50% 20% of the estimated cost price already paid by him in annual instalments for a period of........years.
Provided that the purchaser shall be at liberty to pay to the Board at any time before the expiry of the said period the balance of the sale price due in one lumpsum and get the property transferred in his name subject to the condition that the property shall not be transferred in the name of the purchaser until expiry of five years from the date of this ure and that the charges towards stamp duty, registration fee and other incidental charges for conveyance of the property shall be borne by the purchaser. When the balance of the sale price is paid before, the expiry of the aforesaid stipulated period the amount of sale price to be paid be revised suitably by the Chairman by reducing the quantum of interest to be paid with reference to the period within which the final payment of sale price is made.
16. The purchaser hereby agrees to pay any increase in the cost price as has been fixed by the Chairman arising out of the increase in compensation of land which is to be decided hereinafter, Such payment shall be proportional amount of such increase the corpus of which will be fixed by the Chairman which will be final and being on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments, spread over number of years as may be fixed by the Chairman.
17. The purchaser hereby further agrees to pay any increase in the estimated cost price as has been fixed by the Chairman, arising out of this increase in contractors bills as a consequence of the contractor going to the court of law or due to the mutual settlement of the dispute between the Board and the contractor due to any other contingencies which might be decided hereinafter. Such payments shall be proportional amount of such increase the corpus of which will be fixed by the Chairman, which will be final and b ing on the purchaser. The amount thus fixed by the Chairman shall be paid by the purchaser within one month of the demand made. The purchaser shall have the option to pay such amount in equated instalments spread over the number of years as may be fixed by the Chairman.
18. Without prejudice to anything contained in this agreement the purchaser shall pay to the owner penal interest at 1 1 2 times the interest fixed by the Board under regulation 23 on outstanding instalments of principal and interest.
19. The purchaser shall make full and regular payment of all the dues that are required to be paid by him in pursuance of these presents or any documents that imposed any monetary obligation on the purchaser and if any such payment is delayed he she shall be liable to pay penal interest at the rate specified in Clause 18. In case of default of payment of dues, the purchaser shall be liable to be evicted under the procedure laid down in Chapter VI of the A.P. Housing Board Act 1956 for effecting the eviction and for recovery of all outstanding dues of the owner which are as aforesaid payable by him and thus recoverable under said Chapter of the said act.
20. On the purchaser paying the instalments, sale price and other amounts, if any, payable by the purchaser under this urea and the purchaser duly performing the terms and conditions of this agreement and no such payments and performance only, the owner shall convey the property to the purchaser by executing a conveyance deed.
21. The purchaser shall in no case, assign, relinquish, mortgage, sublet; transfer or part with the possession of any portion or the whole of the said property or cause a sub division thereof, and if the purchaser for cause beyond his control wants to transfer, relinquish or assign purchaser interest in the said property, it shall be the responsibility of the purchaser to satisfy the owner that there is no intention of money making in such transaction by the purchaser and that there are compelling reasons for such transaction by the purchaser, who will be put to tremendous hardship if the permission is refused and after full enquiry the owner may give written permission with or without condition only after full satisfaction, or may refuse permission in writing for such transaction and owner decision in this regard shall be final and being on the purchaser and every such transfer, assignment or relinquishment of the whole or part of the said property shall be only for the remer of the terms of this agreement and permitted transferee or assignee, as the case may be shall be bound by all the terms conditions herein contained and be answerable to the owner in all respects therefore, provided that to the amount of instalment shall be re fixed by the owner so that the sale price of the property together with interest thereon shall be recovered within the reamer of the term of the hire purchaser period provided always that no such assignment, relinquishment or transfer shall be valid or permissible wherever the assignee or the transferee is a person who does not fulfil the requirements of eligibility as provided in these regulations and or the scheme under which the said property has been created provided always that the purchaser or his successor in Office, as the case may be shall deliver at his own expenses to the owner at his office the attested copy of the deed of the permitted assignment, relinquishment or transfer as the case may be together with the notice thereof within a month of the date of such deed which shall have been duly registered by it under the ian Registration Act or any other amending statute.
22. If there shall have been an enquiry after hearing the party concerned in the opinion of the owner (whole decision shall be final and being) any mis statement or any concealment of material facts by the purchaser in the application given by him in the prescribed form or in his replies during the scrutiny of his application, it shall be lawful to evict the purchaser and thereupon this agreement shall stand determined and the hire purchaser deposit paid by him shall stand forfeited to the owner.
23. The purchaser had paid the 50% 20% of the estimated cost price payable under the regulation to the owner on and the said sum is hereby acknowledged by the owner.
24. In all matters of doubt, concerned and in respect of this indenture, the decision of the chairman shall be final and binding on the purchaser and any default by the purchaser thereof shall be deemed to be breach of terms of this indenture.
25. The owner hereby agrees that the purchaser making all payments due from him in accordance with these presents and performing and observing all the conditions herein contained shall peacefully hold and enjoy the said property during the said term except for any law ful interruption or disturbance by the owner or any person lawfully claiming under it.
26. It is expressly agreed to that the purchaser of ground floor flats have no right to use stair case room and land set apart by the owner as approached to the block for the purpose of passage to the purchaser of Upper floor Flats.
27. Double Storeyed Flats :- It is expressly agreed to between the parties that the purchasers of first floor flats may use jointly the stair case room and open terrace of their respective flats. The purchasers of ground floor flats are precluded from using the appurtenant land around the flats except with previous permission of the Chairman, which may be granted subject to such conditions he may impose for such usage.
More than Two Storeyed Flats :- It is expressly agreed to between the parties that the purchasers of flats other than the grounds floor, may jointly use the stair case room. The purchasers of ground floor, are precluded from using the appurtenant land around the flats except with the previous permission of the Chairman, which may be granted subject to such conditions he may impose for such usage.
28. It is expressly agreed that the purchaser shall become a member of the Cooperative Housing Society of hire purchaser allottees of the colony on requisition by the Chairman. The purchaser shall be bound by the rules and regulations of the said Cooperative Society.
29. It is agreed to that the purchaser has to secure electric service connection for the flat at his cost and pay the electricity charges direct to the Electricity Department and the owner shall not be liable to pay charges therefor.
30. It is expressly agreed to that the purchaser shall pay to the Chairman water supply charges at a flat rate or Rs.7 00 per month irrespective of the fact whether water is consumed or not in the particular month or months till such time as dependent meter is installed. It is also agreed that the rate is provisional and subject to the revision by the Chairman at his discretion.
31. It is expressly agreed to that the space reserved in the colony for community purpose such as foot paths, passages to the blocks; roads; parks; playgrounds etc., and buildings in the colony set apart for community centres etc., shall belong to the owner. The owner in its discretion may vest the management of any such property to a Cooperative Society referred to in Clause No.28 or to the Municipal Corporation of Hyderabad.
32. It is agreed to that the water mains and drainage mains abutting the property shall be the property of the owner and any person authorised by the Chairman shall have the right to enter the premises to set right any defects to connect, alter or repair water mains or drainage passing through the premises of the purchaser and the owner at its discretion may transfer their maintenance to the Water Works and Drainage Departments respectively.
In witness hereof Sri __________________Secretary on behalf of and by the order and direction of Chairman and Sri Smt purchaser have hereunto set their hands.
Signature of the owner
In the presence of witnesses:
1.
2.
Signature of the purchaser .
In the presence of witnesses:
1.
2.
SCHEDULE
Description of the property
H.I.G/M.I.G./L.I.G./E.W.S., house/flat No..........Design..... situated at.......................as per the plan appended and bounded by:
East :
West :
North:
South:
Signature of the owner.
In the presence of witnesses:
1.
2.
Signature of the Lessee .
In the presence of witnesses:
1.
2.
Office of the Andhra Pradesh Housing Board Hyderabad-A.P.
APPENDIX 8 FORM 8
FORM
FORM-10
(See para 9 of allotment Lr.)
I, _________________ D/W of ______________ allottee of HIG/MIG/LIG/EWS House/Flat No. _________ at ________ on hire purchase system, hereby nominate my (relationship)___________ Name __________ Aged ____________ years___________ and whose address is as the person to whom the said house flat shall be transferred in the event of my death.
Signed at __________________ this ________________ day of ___________198 .
Specimen signatures of nominee,
1.
2.
Signature of the Hire Purchase Allottee.
Witness:
Signature:
Full Name:
Designation:
Address:
Government of Andhra Pradesh
ABSTRACT
Regulations - Andhra Pradesh Housing Board Act 1956 (Act XLVI of 1956) Allotment of houses on hire purchase basis of the houses constructed under LIGH and MIGH Schemes financed by Housing Board funds, borrowed funds, from HUDCO., L.I.C. and national banks Drafts regulations Approved.
Health, Housing and Municipal Administration Department
G.O. Ms.No.9, Housing, Dated 21st January, 1975
Read the following:
1. From the Chairman, Housing Board, letter No.Nil SR 74 dated 16-7-1974.
2. From the Chairman, Housing Board, letter No.Nil SR 74 dated 6-8-1974.
3. Govt. Lr.No.2423 E2 74 1 Housing Board dated 6-9-1974.
4. Govt. Lr.No.2423 E2 74 3 Housing Board dated 17-9-1974.
5. From the Chairman, Housing Board, letter No.Nil SR 74 dated 4-11-1974.
ORDER
In pursuance of clause (b) of Section 71 of Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956) the Andhra Pradesh Housing Board has formulated draft regulations containing the principles and procedure to be followed in allotment on hire purchase basis of the houses constructed under M.I.G.H and L.I.G.H. Schemes financed by Housing Board Funds, borrowed funds from Housing and Urban Development Corporation and Life Insurance Corporation and Nationalised Banks. The Board, in its meeting dated 29-6-1974 passed a resolution approving the regulations sent to Government with the letters first and second read above and requested the Government to approve the regulations in question.
2. The Government hereby approve the regulations under L.I.G.H. and M.I.G.H. Schemes submitted with the letters first and second read above with certain modifications as already informed to the A.P. Housing Board vide Government letters third and fourth read above and as incorporated in the Annexure I and II to this order and permitted the A.P. Housing Board to enforce these regulations with effect from the date of issue of these orders.
(By order and in the name of the Governor of Andhra Pradesh)
ANDHRA PRADESH HOUSING BOARD (SHOPS) RENTAL REGULATIONS, 1975
In exercise of the powers conferred by Section 71 of the Andhra Pradesh Housing Board, 1956 (Act XLVI of 1956), the Andhra Pradesh Housing Board, with the previous approval of the Government, makes the following regulations.
Regulation 1
These regulations made be called the Andhra Pradesh Housing Board Shops Rental Regulations 1975.
Regulation 2
They shall apply to all classes of shops constructed by the Andhra Pradesh Housing Board or any shop under the control of Andhra Pradesh Housing Board.
Regulation 3
(1) In these regulations, unless the context otherwise requires.
(a) "Act" means the Andhra Pradesh Housing Board Act, 1956 (Act XIVI of 1956).
(b) "Allottee" means the person to whom a shop is allotted under these regulations and includes his legal heir established by an affidavit executed by the Legal heir on stamped paper (non judicial) of the value of Rs. 4.-50 duly verified by the Magistrate (the Deputy Collector having competent jurisdiction) or by a Civil Court decree where the Chairman deems such decree necessary declaring him to be the heir of the deceased allottees against the person disputing the fact of allotment or a nominee who is a member of his family.
(c) "Form means form appended to these regulations.
(d) "Shops" means a building or a part of the building intended for sale of articles of food and of personal, domestic and house hold use and consumption and goods of any kind which are ordinarily retailed.
(2) The words used but not defined in the regulations shall have the same meaning as assigned to them in the Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956).
Regulation 4
As soon as shops are ready or vacant, the Board may subject to the provisions of these regulations, allot them on rent in the manner provided in the regulations.
Regulation 5
The Board shall issue a notice inviting applications specifying the localities of the shops available for allotment on rental basis, the monthly rent of the shop, the amount payable as earnest money, the last date for receipt of the applications, the date on which and the place where public auction will be held and such other particulars as the Chairman may consider necessary.
Regulation 6
The shop shall be leased out and the right to occupy the shop on rental basis shall be put to public auction. The public auction shall be held on such terms conditions as are specified in Form. I.
Regulation 7
(1) The notice shall be published in not more than three daily news papers having wide circulation in the State in the main languages ie., English, Telugu and Urdu. In addition to the publication in the daily news papers, wide publicity shall be given locally in the manner specified by the Chairman.
(2) Printed or cyclostyled copies of these regulations and the lease deed attached thereto shall be made available separately, if deemed, to the public at a price fixed by the Chairman.
Regulation 8
(1) A person desirous of seeking allotment of shop shall apply in Form 2 obtained from the Board or any other place specified by the Chairman and on payment of such cost as may be fixed by the Chairman, which is not refundable.
(2) Every applicant, shall deposit or cause to be deposited earnest money, equal to two months rent as may be specified in of the State Bank of Hyderabad situated in GRUHAKALPA Mukarramjahi Road, Hyderabad or some other place which the Chairman may specify in the notice. The earnest money can also be remitted by means of a Demand draft in favour of the Secretary, Andhra Pradesh Housing Board, Mukarramjahi Road, Hyderabad obtained from any Schedule Bank in Andhra Pradesh. The Chelan or Demand draft obtained to cover up the earnest money may be enclosed in the application Form.
(3) On receipt of the application seeking allotment, the Board shall pass a receipt to the applications in the order in which each applicant is received in token of having received them.
(4) The Chairman shall first scrutinise and list out the eligible applications from the total number of applications received before the specified date.
(5) Any application which is incomplete in any respect is liable to be rejected.
(6) The earnest money shall be refunded to the applicant if no allotment is made in his favour.
Regulation 9
(1) The Chairman, shall allot shops on following procedure laid down in regulation 10 and the rest of the shops if any will be notified.
(2) An allotment letter shall be issued to the allotted in Form 3 informing the allottee that the shop is allotted to him on terms and conditions specified in the letter asking him to call at the Office of the Housing Board or any other place as may be specified therein and complete the formalities within the period specified in the letter.
Regulation 10
(a) The Chairman, shall hold public auction and determine which of the bid at the public auction shall be accepted, Where the bid accepted is not the highest bid, the reasons for rejecting a bid or bids higher than the one accepted shall be recorded in writing. The shop shall be allotted to the bidder whose bid has been accepted by the Chairman.
(b) The applicants as well as other persons shall be eligible to bid in the public auction.
Provided that no person shall bid in the auction unless he satisfies the terms and conditions as specified in Form I.
(c) In case there is no bid, the Chairman may at his discretion either postpone the auction to some other date or allot the shop to any one of the applicants who may come forward to take shop on rent on terms and conditions as notified dispensing with auction.
Regulation 10A
In case no applications in response to the notice issued under Regulations 5, is received, the Chairman shall subject to Clause (c) of Regulation 10, put to auction the right to occupy shop on rental basis.
Regulation 11
The bidder whose bid has been accepted (hereinafter referred to in these regulation as "bidder") Shall pay 50% of the bid amount immediately after it is knocked down by the Officer holding the auction. The balance shall be paid within a period of fifteen days from the date of auction.
Regulation 12
(a) If the bidder fails to pay the balance 50% of bid amount within the specified time, the bid shall be cancelled, and 25 of the bid amount paid together with the E.M.D. shall be forfeited to the Board and the right of occupation of that particular shop shall be re auctioned.
(b) In case the shop is allotted under Clause (c) of the Regulation 10 and the allottee fails to accept the allotment within 3 days the allotment shall be cancelled and 25% of the bid amount paid together with the earnest money deposit shall be forefeited.
Regulation 13
After the balance of 50% of the bid amount is paid under Regulation 11, the Chairman shall issue an allotment letter informing the bidder that the shop is allotted to him on terms and conditions specified in the letter asking him to call at the Office of the Housing Board or any other place as may be specified therein and complete the formalities within the period specified in the letter.
Regulation 14
(1) Within 15 days from the date of receipt of allotment letter the bidder shall
(i) deposit or cause to be deposited at the Office of the Chairman or other place as may be specified by him a sum equal to 4 months rent of the shop allotted as security deposit. In case the allotment has been made without auction the earnest money deposit paid along with the application shall be adjusted towards the security deposit.
(ii) furnish such additional security as the Chairman may demand for the payment of monthly rent and
(iii) execute the rental deed in Form 4. The rental deed shall be got registered at the bidder s cost.
(2) In case the bidder fails to comply with the requirements as specified in sub regulation (1), the allotment shall be cancelled and all the amounts paid by him shall be forfeited to the Board.
Regulation 15
After complying with the formalities specified in Regulations 13 and 14, possession of the shop shall be given to the bidder without undue delay and the bidder shall be issued handing over letter in From : 5, for receiving possession as set out in the letter.
Regulation 16
The period of lease will be for five years from the date of execution of rental agreement.
Regulation 17
The Board may renew the lease for another term not exceeding five years without conducting public auction, if the present lessee agrees to renew the lease in his favour at an amount which shall not be less than 50% over the existing monthly rent in which case a fresh rental agreement in Form 4 shall be executed. For this purpose, the Board shall get the willingness of the occupying tenant within three months before the expiry of the existing lease. If a reply is not received within 15 days from the date of receipt of intimation by the tenant , the Chairman shall take steps for leasing out the same through public auction before the expiry of the existing lease.
Regulation 18
The rent shall be charged from the date of execution of rental agreement.
Regulation 19
The bidder shall pay advance of one month rent if he executes the rental agreement on or before 15th of calendar month or half a month rent if executes the rental agreements after 15th of the said calendar month.
Regulation 20
The lessee shall be liable to pay interest as may be revised from time to time on overdue rent.
Regulation 21
(1) Notwithstanding anything in these regulations the Chairman shall have a right to cancel the allotment on a month s Notice.
(i) When there is a violation by the lessee of any of the provisions of these regulations or the terms of rental deed executed under these regulations.
(ii) When the period under regulation 16 expires.
(iii) If the tenant defaults in the payment of rent lawfully due from him for a period of four months.
(2) The Chairman may notwithstanding anything contained in these regulations, allot the shop to any one of the family members of the lessee, on his death.
(3) In case of cancellation of allotment under Clause (iii) of sub regulation (1) the Chairman may restore the tanancy on payment of arrears of rent together with such interest thereon and subject to such conditions as he may lay down regarding payment of penalty which may extend to six months rent.
Regulation 22
Notwithstanding anything contained in these regulations, the Chairman may accord permission on the request from lessee to fix up electric connection, water supply connection or drainage connection or in the shop at the expense of the lessee and in which case the lessee shall execute an agreement to the effect, that whenever he vacates the shop, be shall not either claim ownership over these connections or remove them or claim the costs of the aforesaid connection.
Regulation 23
Notwithstanding anything contained in these regulations, the Chairman may with the approval of the Board allot in deserving case as on alternate accommodation to each occupant of the Board premises who has voluntarily surrendered the existing premises for execution of development scheme undertaken by the Board, such allotment shall be subject to usual terms and conditions.
APPENDIX 1 FORM 1
FORM
FORM 1
(See Regulation 6)
Terms and Conditions
1. The auction will be subject to the provisions of A.P. Housing Board Act, 1956, the rules and the regulations made thereunder.
2. All the bidders will be permitted to inspect the shops.
3. All the bidders are required to read the regulations and the terms and conditions of public auction.
4. No person shall bid at the auction unless
(a) The deposit the earnest money deposit as fixed by Chairman separately for each shop.
(b) Produces certificate whether he bids on his own behalf or on behalf of joint family or company or firm to which he Belongs and the later case an authorisation to bid duly signed by the member of the Joint family or such joint company or firm.
5. The earnest money deposit shall be in the form of a Demand Draft obtained from any scheduled Bank in favour of the Secretary, Andhra Pradesh Housing Board, the earnest Money Deposit of all bidders except that of highest bidder will be returned after the auction is over.
APPENDIX 2 FORM 2
FORM
FORM 2
(See Regulation 8)
Application form for the Allotment of Shops Belonging to the Andhra Pradesh Housing Board, Hyderabad on Rental Basis.
To
The Chairman,
A.P. Housing Board, Gruhakalpa, Mukarramjahi Road, Hyderabad-500001.
Sir,
I request you kindly to allot me a shop on rental basis as per the details given below :
I have read the notification calling for applications for allotment of shops on rental basis and the " Conditions " specified therein. I agree to abide by them. I enclose a Challan No dated ....... for a sum of Rs ................ in token of having deposited the earnest money.
Particulars relating to my name, profession etc., are furnished below:
1. Full Name of the applicant. (in block letters)
2. Permanent Address.
3. Age.
4. Father's name. (in block letters)
5. Nature of the business being done now and the place (with address)where it is done.
6. Locality.
7. Purpose for which the shop is required.
8. I am not the allottee of (premises) of the Housing Board.
9. I have paid all amounts due to Housing Board in respect to the said premises. I certify that the particulars furnished by me are correct.
Applicant
APPENDIX 3 FORM 3
FORM
FORM 3 (See Regulation 9) Allotment Letter
OFFICE OF THE ANDHRA PRADESH HOUSING BOARD,
"Gruhakapla" Mukarramjahi Road, Hyderabad.
Letter No. Dated :
Sub : Accommodation Housing Board shops allotment of shop No. at on rental basis Orders Issued.
Shop No. ................ at ......................is allotted to Sri/Smt. ................................ on a monthly rent of Rs. ............. and subject to the following terms and conditions.
1. The allottee should pay four months rent as security deposit within 15 days from the date of receipt of the allotment letter.
2. The allottee shall execute a rental deed in Form 4 within 15 days from the date of receipt of the allotment letter after paying the security deposit, failing which the allotment shall be cancelled and earnest money deposit paid by the applicant forfeited to the Board.
3. The allottee should furnish a personal surety at the time of executing the rental deed, and thereafter the rent should be paid on or before 15th of each month.
4. One month's rent should be paid in advance at the time of executing the rental deed, and thereafter the rent should be paid on or before 15th of each month.
5.No portion of the shop should be sub-let.
6. Electric bills, water and other charges if any shall be borne by the allottee and paid promptly to the concerned departments.
No additions or alterations should be made to the shop without the prior permission of the Chairman.
8. Rent is chargeable from the date of execution of the rental deed.
9. For violation of any of the terms and conditions of the Rental Deed the allotment of the shop made to the allottee is liable to be cancelled and action will be taken for eviction.
for Chairman.
To
Sri/Smt......................
.....................
.....................
APPENDIX 4 FORM 4
FORM
FORM 4 (See Regulation 17) Rental Agreement
Rental Deed executed by ........................ Son/daughter/wife of Sri ............................ aged ............ years, occupation ..................... and resident of ............ on ...............
I declare that I have taken on rent shop No .......... situated in ........... and belongs to the A.P. Housing Board, hereinafter "called the Board" for my business on a monthly rent of Rs subject to the following terms and conditions :
1. I am to pay in advance the prescribed rent on or before the 15th of every month. I promise to pay penal interest 12 (twelve percent) per annum or at such rate of interest as may be revised from time to time on overdue rent.
2. I agree to pay penalty, if any, at the time of restoration, of tenancy.
3. If the shop is fitted with electricity and water tap installations, I shall pay all charges for consumption of water and electricity. I shall also pay all charges for replacement or repair of any fittings relating to water supply, drainage and electricity fittings etc., in the shop. I shall be responsible for keeping the drains clean.
4. In case I fail to pay the rent or should there be any arrears outstanding against me, the Board may recover the same under the provisions of the Andhra Pradesh Housing Board Act, 1956 (Act XLVI of 1956).
5. The rent for the said shop shall be charged from the date of execution of the rental deed.
6. This rental deed is executed to cover a period of five years from the date of execution of the rental deed.
7. On vacation of the shop, the cash security, if any, deposited in the accounts of the Board shall be refunded to me after adjusting therefrom dues if any payable by me to the Board.
8. I shall vacate the shop on month's previous notice in the following circumstances ;
(a) If there is breach on my part of any of the terms of this rental deed.
(b) When the monthly rent is not paid in the Office of the Board on or before the due dates, and
(c) If I fail to comply with the rules and regulations in force.
9. I shall not sub let the shop, take any one as partner therein or give in possession to any one else without written permission of the Chairman, duly satisfying him that there is no pecuniary consideration and that there are compelling reasons as such. I shall pay such fee as may be fixed by the Board for according written permission to sub let the shop, to take any one else. In case I do so or give shift myself to some other shop of the Board standing in the name of some other person, my claim over the shop as tenant shall cease andthe illegal occupier as well as myself will be liable for eviction. The damages assessed under the Act shall be paid by me. Note : A minimum fee of Rs.1,000 for each such transfer shall be charged subject to approval of Board.
10. I shall not keep any cattle or birds, ducks or any other animal which render the shop filthy. In case of necessity, previous permission would be obtained from the Chairman of the Board.
11. I shall always keep the shop neat and clean and free from rubbish and under hygenic conditions.
12. I shall not install a tin or any other shed.
13. I shall not undertake any construction involving additions or alterations or repairs to the shop without the prior permission of the Chairman, In case I do so, I will pay the charges incurred in demolition thereof.
14. I shall not do or permit other person in my shop to do anything in the above shop which may cause inconvenience to neighbour or residents of the locality.
15. I shall not claim refund of the advance rent of the month in which I vacate.
16. I will abide by the instructions given to me from time to time by the Board or its Chairman. Should a person authorised by the Chairman desire to inspect the shop, I shall extend every possible Co operation and facility for inspection on a previous notice of twenty four hours.
17. In case I wish to vacate the shop I will inform the Chairman of the Board my intention, a month in advance and cause the water tap and electrical installations in the shop to be inspected. If damage has been caused to the shop or the fittings therein on any account, the compensation charges shall be met from my deposit and in case the said charges exceed the amount in deposit, the balance shall be paid by me.
18. I shall not use the shop for any purpose other than running a business.
In witness whereof the lessee has put his signature hereunder on the day and year first above written.
Signature of Lessee.
Witnesses:
1.
2.
SECURITY
I stand surety to ........... and agreement that if he/ she does not pay the rent any time and arrears of rent have to be paid, I will pay the same myself, failing which it may be recovered from my person and property.
Signature of Surety.
Witness:
1.
2.
APPENDIX 5 FORM 5
FORM
FORM 5 (See Regulation 15)
Letter of Possession
OFFICE OF THE ANDHRA PRADESH HOUSING BOARD,
"Gruhakapla". M.J. Road, Hyderabad 500001.
Letter No.
Dated :
To
Sri/Smt. ..........................
.........................
..........................
Sir,
Sub : Accommodation Housing Board Shops Allotment of shop No. ........... at ................... rental basis Orders of possession issued Regarding.
Ref : Allotment Letter No. ............. Dated ......
Whereas shop No. ................... at ............... was allotted to you vide reference cited and whereas you have complied with the conditions set out in the allotment letter you are requested to present yourself before ............... who is authorised to handover possession to you of the Shop No...........at ................... in the morning at site on any working day.
You are requested to give receipt to the above mentioned Officer in the accompanying form.
Yours faithfully,
for CHAIRMAN
RECEIPT BY THE LESSEE TO BE GIVEN THROUGH THE OFFICER HANDING OVER THE PROPERTY IN PURSUANCE OF THE LETTER OF POSSESSION OF SHOP
No ................. At ........................
From :
To
The Chairman, A.P. Housing Board, Hyderabad.
Sir,
I have duly taken over possession on ........ through ................. Housing Engineer of your Board at ......... of shop No. .................. located at ....................
Yours faithfully,
(Tenant of Shop..........
at ...............
Place :
Date : |
