Professional Documents
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Allotment Manual
Allotment Manual
Allotment Manual
ALLOTMENT MANUAL
•
•
TAMIL NADU HOUSING BO~
ALLOTMENT MANUAL '
• INDEX
CHAPTER-1
iv. For Reservation of 15% GD.Q. fur SMT schemes vide Circular 19
No.P2I5825-A186 dt. 7,7.1992 &
GnvtU.No.67168fHB4..2191-1 dt.22,04J992 20
, CHAPTER-Z
, Drawal ofLot
2
xiv, Model furm of Lease cwn sale Agreement - Plot 75
CHAPTER-4
!n.itiaID~
CHAPTER-S
Collection of Interest and C!!!litalisation
i. Collection of 12% Penal Interest for defaulted installments vide 99
Circular No.3387I1CA-1/88 dt.05.05.1988
n. CoUootion ofinterest from the date ofready fur occupation to the 100
date ofactual. A1lolment fur GD,QfSutrender, cancelbrtion vide
G.O.Ms.No.I666Hg.& U.D,Dt. 16.1 2. 1988 &
Memo.No.P3/87256!87 dt.18.01.1989.
nt. Delay in payment of instalment - revised order and rate ofpenal 107
interest vide
Proc.No$-3!13681193 dt.29.03.93
IV. Collection of interest from the date ofready for occupation to the , 109
date of actual Allotment, concession extended to the Board quota
also vide Circular memo No.R-112l807!95 dt.14.07.1995
v. Simp'e inteq!st to be collected for the extra land not originally 111
intimated vide
3
instalment alone to be taken in to account for penal Int. vide
D.O.Lr.No.A1lotl(6)135891103 dt04,OS,2oo3 & Board
Resolution No.9,03 dL2S.Q7.2oo3. )
CHAPTER-6
Handing over ofnlotIHo~
Procedure to be adoptad while handing over ofplot with correct 125
measurements vide Ci.reular memo No,AIlot 2(2) / 25534A120oo
dt20.04.20oo •
CHAPTER-8
fuIle ofG.D,Q, Houses bycalliru?; awJjcatiQl!i
i. Sale ofG.D.Q, houses by calling applications in the locality 133
concerned and sent !£l the Govt, vide Memo No,A1lot·
2(2)11348112001, dt29.1 1.2001 & Govt, Letter2(D) No,854 Hg.
& U.D.DI,21.11.2ool.
ii, Additional cateJl<lfY of persons included fur the eligibility to get 135
G,D.Q.allotment vide G.O,Ms.No.88Jlg, & U.D, HB-4(2) dept
dated 20.05.2003.
CHAPTER-9
I!oubl~'l!otment and irregular dealing by third partie!! ofTNHB.ano\m!l!1!li
l. Penalty fur double allotment by supp"",,<ing 1st allotment vide 137
B.R.No.42 dt.30.07.1982
ii. Illegal and irregular dealings ofallottees with third parties vide 138 •
Circular memo No.Allot2(5)1949B12002 dt. 19.06.2002,
4
CHAPTER-IO
.,
!'Iam~.Iransfer, change of Flat I House I Plot
!. Pow"", to permit change of plot I flat I house by M.D. and S.E. 139
vide Ofllcemder04l89. dt.05.0S.l989 & Govt. Lr.17941K1I89-1
Dated 11.05.1989 & Circular No.R412315188 dt.05.08.1988
II. Fixation ofcost fur change of plot vide G.O.Ms.N" 1679 dt. 144
06.11.1987, B.R.No.151 dt. 30-30-\988 & Circular
No.PII62871187 dt04.07.1988
,
Ill. Revised guidelines for name transfer vide circular 145
No.P3152024188 dLl1.05.l989
vi. Tnmsfer fees to be colkcled wilen the allotee is alive vide 149
circular No.Allot-I(4) f 1267812001 dl02.04.2002
CHAPTER-ll
•
Sill. deed, Joint Allot.ment. Model drn!l sale deed
i. Powers for Signing the sale deed and the LC.S. Agreement ISO
Powers delegated!o the EEs vide B.R.No.l20dt.2S.04.19S1
II. Instructions to be followed before issue ofabsolute sale deed IS2
iii. Conditions for the issue ofconditional sale deed for raising loan IS3
for the construction and issue of release deed vide Memo.No.P
3124970185 dl28.l2.87 & G.O,Ms.No.l3IS Hg. Ol20.08.1987
iv. Conditions fur issue of sale deed in re6peet offlatlhouse vide 156
G.O.Ms.No.l3IS Hg. 01.20.08.1987
v. Obtaining ofNOC from Residents Association at the time of 158
issue ofsale deed - condition wjthdrawn vide Circu1ar Memo
No.P-2fl4673f95 dt.l4.03.199S
VI. Obtaining NOC from Financial institution before issue of sale 159
• deed vide
, Circular memo No.P-If21408/96 dt.26.0S.1996
VI!. Deletion ofcondition in respect of selling of plots I Flats I 160
Houses after issue of saJe deed vide
5
Memo No.AlIot-2(2)15825186 dU2.12.98 & G.0.Ms.No.465
Hg. & u'D. H.B.-4(2) Dept.dt.04.12.l998 & G.0.M,.l3I5 Hg. '.'
& D.D. Dept. dt.20.08.1987
viii. Procedure fQ be followed for issue of sale deed in schemes where 165
assoeiationshave not been formed vide Memo.No.all0t2(1)I
2633012000 Dt.18.05.2000
IX. Guidelines for the issue ohale deed fQ !he power of attorney 166
vide Circular memo.Allot.I(4) 139868101 dt.25.04.2003 &
B.RNo.9.01 dt.11.04.2oo3.
x. Land cost worked out for schemes where 1inaI cost was fixed on 169
the basis of highest compensation for land cost fQ obtain sale
deeds where only interest on !he installments fQ be charged and
not to levy penal interest vide B.RNo.9.03 dt.27.06.2003 &
D.O.Lr.No.AlIot 2-(1)I3356912003 Dt.05.07.2003, B.RNo.6.02
dt30.01.91 & Proc.No.s4145202/95 Dt.19.04.1996.
Xl. Issue ofsale deeds to plots· Relaxation ofcondition to construct 177
house on the plot. vide Circular memo No.alIot 1(4) 165044199
01,01.1 0.2003, Gov!. Lr,No,37678IHB 5 (I) 2000-3
Dt.25.Q9,2003 & G,O.(D) No,298 Hg,&D.D, HB 5 (I) Dept.
Dt.25,Q9,2003
xii Joint allotment, and nomination and including name of !he 180
••
children of !he allottee in the sale deed vide Memo No.P·
3/47Q8I88 dt.24.10,1990,
xiii Model formats ofsale deed (Plot), plot with building. flats 182
CHAPTER-12
S~m
6
v. Levy ofstamp duty on the cost fixed by the Board vide G.O. 206
Ms.No.25 C.T. dept. dt.19.02.2001
• vi. Guidennes issued for levy of sllunp duty vide G.0.Ms.No.231 208
Hg. & U.D. Dept. dt.27.03.2001 Board Rl:solutioo No.9.03
dt.29.03.2001 & Circular Memo No.AJlot 2(3) 68632189
dt.09.04.01
VU. Stamp duty .-..iuotion Iiom 8%. 1"",10 6% and reduction of 212
transfer duty Iiom 5% 10 2% vide G.O.Ms.No.l 77 C.T.dept.
dt20.11.2003 & Circular memo.No.AIIot 1(4) 168632189
dt9.12.2003
viii. Levy ofstamp duty on the undivided share ofland for house the 1 218
unsold on or after 01.02.2001 cost .. fixed by the Board vide
G.OMs. No.226 commercial Taxes (1-l) dept dt I 5.12.2003 &
Circular memo.No.Allot l-{4) 168632189 dtOl.Ol.2004.
CHAPTER-13
A & B Certificates
,. Allotment 10 state Gov!. ...."anls and issue of A & B certificates 222
videG.O.Ms.No.l74 H & UD. dt07.02.l991 &Govt.
Lr.No.32484/F2/85-9 dt08.08.1986
n. Clarification issued on the applicability ofG.O.Ms.No.174 vide 226
circular No.R3I1731 8194 dtI8.06.95 & G.O.Ms.No.466
dt.25.04,1995
3f5967/90dt.II.04.1991
iv. Non issue of A & B certificates and caneellation of allotment 231
orders vide eireular No.R-1I55479192 dL09.09.I992.
v. Recovery of excess over eligibility by monthly in'talJments vide 233
cireular No.BR.2(3)15951/98 dt20.02.1998
CHAPTER-14
Furnishing ofprincjpal and inleJ:est 10 the allo!teeS !II the year end
I. Details ofprincipal and interest to be furnished to the alloltees at 235
tne year end vide
Circular NoAlIot 2(4) 130838102 dtI3.06,02 & B.R.No.9.04
dt27.05.2002
•
CHAPTER-IS
Revocation ofCMc:;eUation ofallotn:l€:nt
-.
239
9
ii) G.O.29 to be applied for allotment made from 01.01.01 to 326
24.01.01 vide
Govt.Lr.No.94311HB 4-112001-1 daled 12.03.01.
iii) Allotment ofoost reduced bons.. asperG.0.29 by lot in the fi"t 327
instance and then by Fint cum fin;! served basis vide
COOular No.A1lot 2(2)16433212000 dL 17.07.2001.
iv) Formation ofhigh level committee fur sale of unsold bouses/ 329
!IUlrl<eting strategies/revision ofpricing policy vide
G.O.Ms.No.479 Hg &; U.D. (HB 4-2) dept.dL05.l2.200J.
v) High level committee renamed as standing committee for 332
Convening meetings then and there for getting orders on issues
vide G.O.Ms.No.207 dt.l4.OS.2oo2.
vi) Special ",bate for allotments made in exhibitioes!fain; vide 334
Ciroular No.AIlot 2(5)/229712002 dL 20.02.2002 &
G.O.Ms 51 FIg & U.n. (HB 4-1) dept. dt.19.02.2oo2.
CHAPTER·19
fixaliog ofcostfar roside!Jlii!\ and !i!l~ §ite fur sale in auclion
i) Fixation ofcost for residential/commercial site in auction 337
Ciroular No.1 1/492188 dt.Ol.l 0.89. •
ii) Powers to accept sale ofplotlbouselflat through tenderl auction 338
and also for fixing the upset price to Exe.Engrs.vide ,
Circular NO.Allot 2(2)19497/02 dt. 19.03.02 &
B.R.No.9.04. dt. 22.02.2002.
iii) Powers to accept tender/auction ofplotlbouselflal byvarions 340
officer.; of the Board. vide
Circular No.Allot 2(2)19497102 dt. 13.06.2002
B.R.No.9.02d!.29.5.02.
CHAPTER-20
l:;<>llection ofNon-refimdable fees b:.; TNHB
i) Upward revision offees to be collecred from the a110ttees of 342
pJots! houses/flats. vide
CircuJar No.A1lot. n (2)128046/93 dt. II. I L1997
ii) Collection of fees for furnishing working sheet to alJouees vide 346 ~
10
Pavmenl oUo/, interest till the d!l!l! Q[readX fur oCCUlli!!ion and sub§<"Qyent 3!1)endment
i) Payment of interest fur the initial deposit or more paid by the 34&
• allottee till the date of ready for occupation. Vide
Ciroular No.P·2161IS7192 dt.1S,Q4.95 & G.O,Ms.No.249 Hg &
U.D. Dept Dated 23.02,1995.
il) Revision ofinterest from S"1. to 4% payable to tbe aIIottees on 352
the above vide
CHAPTER· 23
~stration Qf schemes
II
I (i) CONSTITUTION OF ALLOTMENT COMMITTEE
As per the G.O. Ms.No. 1574, Housing and lhban Development Deplu1ment dated
24.01.1991,85% of !he Tamil Nadu Housing Board plotslflalslbouses are allotted bydrawal of
lots to !he various categories like General Public, Stale Govemmcnt sOMUl!s e1c., according m
!he percentage fixed for each category and the mnaining 15% being allotted by !he Government
und... their discretionary quota. For thawing the lots fur the 85% Board's Quota of
plotslflatslhouses constructed by the TNHB, m allotment committees have been constituted'
based on the 0.0. Ms.No.672, Housing and UtbonDevelopment Deplu1ment dated 31.7.95, one
fur Madras city and other one for mofussal areas (Cireular Memo No.R1I67342194, dated
14.08.1995)
Allotment Committee :
Otennai City:
Or
hi, Nominee in the rank of
Under Secretary to Government
•
Mofussil Areas :
12
(''OP¥OF: GOVERNMENT OF TAMIL NADU
Abstract
Housing - Tamil Nadu Housing Board - PIo'" developed by the Tamil Nadu Housing Boatd and
Houses Illats constructed by the Tamil Nedu Housing Boatd - Allotment procedure - Modified
- Orders issued.
•••
ORDER
The Tamil Nadu Housing Boatd i. at present allotting plotslflatslhouses to the public by
calling fOr applications and by conductiog a lot, 90% of plot&illatslhouses are allotted by the
rami! Nedu Housing Board to the public by drawal oflot. The balance 10";' of pIcis I flats I
houses are .1Iotted by the Government undar their discretionary Quota. Allotment undar
Government discretionmy Quota is confined only to those who bave participated in the lot but
are unsuccessfuL '
13
3. The Government have re-examined the above issue and have decided that in
addition to 10% of flatsIbouses I plots reserved under the Government discretionary Quota, an
additional 5% of fJats/houses Iplots, be reserved by the Govenunent for allotment to deserted
women/widows I single women. The halance 85% of flats! houses/plots should be allotted by
the Tamil Nadu Housing Board according to the per=lUlge detailed below:
f. Working Journalist 3%
•
g. General Public 37%
(!rom out ofthe categories in items (a)
(e and (g) 5% ror artista, 1% for political
sufferers and 1% for physically handicapped
will be allotted on priority hasis).
The new reservation shall be applicable in respect ofaU future schemes where the Tamil
Nad. Iiousing Board is to advertise calling for application for allotment.
4. The Government are receiving numerous representations from eminent persons in all
walks of life such as sports persons!defence personnel, journalist, artist etc. and from general
public requesting allotment of honseslflats/plots reserved under Government disctetionary
Quota, eventhough they have not participated in the lot conducted by the Tamil Nadu Housing
Board. The Government have after careful consideration, deeided to dispense with the condition
tliat "the applicants requesting for allotment of houses/flats! plots under Government
discretionary quota abould have participated in the lot conducted by the Tamil Nadu Housing
• Board". The Government also direct that 15% disctetionary quota be open to all irrespective of
the fact whether they have participated in the lot or not, and the Government shall exercise its
discretion oflhis regard.
5. Orders issued in G.O. 5'" and 6'" reed above are cancelled.
14
o. The Chairtrum, Tamil Nadu Housing is requeste<l to incorporate necessary clause in the
application fOffil l seeking inf01"Jl'Ultion from women applicants, as to whether they belong to any
of the category of' deserted womeru'widow/single women". so as to enable the Government to
finalise the allotment under this category and to fullow the procedure indicated in paras 3 and 4
above in future.
SdI-LN.Vijayarnh.avan,
SECRETARY TO OOVERNMENT.
To
II TrueCopy II
.
SUPERINTENDENT.
15
I {1m GOVERNMENT OF TAMIL N(
ABSTRACT '
2. From Ibe Managing Director, TNHB, D.O. Letter NO. RJl67342194 dtIO.05J995.
In G.O. Ms. No.772, Housing & Urban Development, dated 1988 fust read above,
orders were issued, constituting two allotment Committees for the allotment of
plotslflatslhouses in Madras city and Moffilsil as indicated beIow:
Moffnsil AreaS : ,
10
J. Concerned District Colleetor or his nominee (viz) District Revenue Officer or
Additional Colli:ctor (Cbairman of Allotment Committee) in the place of Cbairmao, •
TNHB.
2. The Managing Director. Tamil Nadu Housing Board, in D.O. Letter second read above.
has stated that, ofla!e, it is brought to Ibe notice of the Board that there has been considerable
delay in conducting the drawal of lot in !be MouflSil units in cerWn districts due to delay on !be
part collectors in giving their convenient daU:s for conducting lot presumably due to their tight
pre-occupation on various social _ and consequently !be flallrlhouses COIlSIIUcted made
ready tOr ocenpation by Tamil Nadu Housing Board could not he allotted in time by it to the
allottees. Thererore, he bas suggested that the Superintending Engineer ofIbe reepeetive circles
• of !be TNHB may he made as Chairman of the Allotment Committee with a nominee of !be
Collector, as a member of the Committee. In vi.... of the increased number of Housing Board
Circles in MoftiJ.il areas and inview of the difficulties and hardship. explaining above he hes
requested that !be two Allotment Committees may he reconstituted tbr Madrss City and
Moffusil areas, as suggested below
16
Madras City :
Superintending Engineer of
concerned circle in the city Member
MolIu." Areas
Superintending Engineer of
coocerned circle Cbainnan
He has also suggested thai. the Allottee SeMce Manager I Executive Engineer & Adm.
Officers of ~ve units I Division 'Will be the convenor of the respective oonnnittee for
arranging and the conduct of the dmwal of lot in consultation with the Chairman of the
Allotment Committee.
3. The Government after careful consideration of the prop<llOll of the Managiog Director,
Tamil Nadu Housing Board, reconstitute the Allotment Committees fur the allotment of plots!
fIatsIhouses by the TNHB in Madras City as well as in the Moffilsil areas as below ,
•
MadrasCky:
Mofl'usU Areas :
(AI; and when the date for the lot is decided, the Collector concerned may be intimated
atieast, 15 days in advance to nominate his nominee).
17
The Allottee service manager of the respective Housing DivIsion of TamI1 Nadu
Housing Board would be the convenor the respective committee fur arranging the conduct of ,
the drawal of 10m in consultarion with the Chainrum of the allotment Committee.
S~-LN.VUYARAGHAVAN
SECRETARY TO GOVERNMENT
To •
Managing Director,
Tamil Nadu Housing Board, Madras - 35.
All Collectors.
1/ true copy II
<
SUPERlNTENDENT.
18
I (iv) TAMIL NADU HOUSING BOARD
Sub: Tamil Nadu Housing Board - Co - Ordination - Small and Medium town
schemes ~ Allotment of FlatsIHouses reservation of Government Discretionary
Quota -Instruction issued,
SdJ- RSAMPATH,
For 0laUman & Managing Director.
To
II Forwarded by order /I
, Sd( )
SUPERINTENDENT
19
I (Iv)
Copy of :
From
Sir,
• ••
I am directed to state that Govemment have examined your suggestions with regard to
reservation of Goverrunent Discretionary Quota in respect of houses constructed under small
and medium town housing scheme and to state that wIder the orders issued in force 10% of
f1ats1housesf plots are reserved in Goverrunent Discretionary Quota and also 5% reserved for
allotment to ~ ;,wo~m5enJ~Wf.:ido=W;;.;.IS;ingI~;:;e:ftwo;;, man. The Govermnent therefure direct that
15% of the housesfflats I plots e reserv or al otment under Goverrunent Discretionary Quota
in all Small and medium towo schemes as in the case ofother schemes.
20
TAMIL NADU HOUSING BOARD
In the G.O. cited, the Government have _ituted the allotmeot Committee for the
allolment of Plots/flats I houses by Tamil Nodu Housing Board in Madras City as well in
Moffusil areas as below :
MADRAS CITY
MOFFUSIL AREA
Superintending EngineerfINHB of
concerned circle Chainnan
(As and when the date of lot is decided, the Collector concerned may be intimated
a!least 15 da)'ll in advance to nominate his nominee).
The Allottee S«Vice managerl Ex'" Engineers! Ex.. Engr. &: adm. Officers of the
respective Housing UnitlDivtslOU of the Tami1 Nadu Housing Board would be the convenor of
the respective committee fur ammging the conduct of the draw.! oflots in consultation with the
CluUnnan of the Allotment Committee.
21
The receipt of !he Circular memo together with the· copy of !he G.O. may be
acknowledged .t once.
SdI· V.Thangavelu,
for Managing Director
To
I Forwarded by order I
Sd ( )
SUPERlNTENDENT •
•
•
'.
22
I(vi) TAMIL NADU HOUSING BOARD
Sub: Scheme - TNHIl • TNUDP - S & S Scheme Constitution of sites & Services
Committee ~ Goverrunent orders - Communicated.
•••
A copy of the G.O. cited is enclosed for infunnation and necessary further action.
SdI- S.Gopalakrishnan,
for Chief Engin_
TN.V.D.P. Madw:aiDivision
To
I Forwlll1led I By omer I
SECTION OfFICER
23
I (vi) GOVERNMENTOFTAMULNADU
Copy of:
ABSTRACT
Tamil Nadu UrbBn Development Project· Sites & Service scheme constitution of sites
and service committee ~ orders issued.
3. G.O. Ms. No. 1092 Housing & Urban Development Department, dt.05.09.90.
<
4. From the SecretarylProject Management Group lr.PMDlCI500I9I, d1.01.02.91.
•••
ORDER
The Sites & Services scbeme under the shelter componeot of the World Bank aided
TNUDP is being implemented in Tamil Nadu. The scheme will provide 70,000 serviead plots in
ten major cites, viz. M~ Madurai, Salem, Coimbatore, Trichy, Vellore, Erode, Tirupplll",
•
Tirunelvcii and Tuticorin,
2. The Secretary, Project Management Group has stated that the AIlolmeot of plots
is to be done by drawal of lots in the pmseoce of Senior Level Officers of City Level Co·
ordination Commitree 'TNJ{B as 'Db.....'"', Allotment is to be done based on the approvad
norms. But other issues such as aIlotmentire-allotment of plots. cancellation of allotment, to the
delimIting allotees fIlInsfer of allotment etc. are to be dealt with by a separate committee. The
Secretary, Project Management Group has therefore submitted a proposal for constitution of a
separate Site & Services Commitree fur each of the City Level Co-ordinalion Committee to deal
with those kind of issues. The proposal was approved by the Project Management Group has
therefore requested orders by the Project Management Group'. has therefore requested orders
of the Government, constituting 'Sites & Services Committee' fur each City Management
Corrunittee'
24
0) The Executive Engineer Tamil Nadu
Housing Board (1NUDP) Member
4. Terms of Reference for the Committee shall be as fullows in respect of all Sites
& Services Schemes :
a) Allotment sires to applicants based on the nonns for allotment and pricing
already approved by Project Management Group.
b) Re·aIlotmentofSites.
0) Trnnsf... ofallotment.
d) Cancellation ofallotment.
0) Recommend to project Management Group any land use changes.
l} All other.opemional issueo wbich do oot involve any financial oommitment.
Ii! Recommend to project management group, selection of AlIottees where !he
norms ofprice is at variance with approved norms.
5. Guidelines for allotment I reallotment of plots, issue of sale deeds, etc. under
sites & seJVices scheme (Land) of TNUDP are indiested in the Annexwe to this order. The
Committee will be treated as a 'Second class Committee' for all purposes end this is an internal
committee of the respective City level co-ordination Committee constituted in G.O. Ms.
No.IISI, Housing & Utban Development Department, dated 03.08.87 end G.O. Ms.No.1093,
Honsing end Urban Development Department, dated 05.09.90.
6. This onier issues with the ~ of Finance Department vide its U.O.
NO.393251TH & 1ndI91-<lt.06.05.91.
V.CHANDRALEKHA
SECRETARY TO GOVERNMENT
I True Copy I
25
ANNEXURE
Guidelines fur allotment I re-a1lotment of plots, issue of sale deeds, etc. under Sites &
Services Scheme of1NUDP.
t
I.t. RECEIPT OF APPLICATIONS FOR RESIDENTIAL PLOTS & SELECTIONS
i) As and when applications are received, pre-scrutiny with check list should be done and
ineligible applicariOllJl delete<L (This need not wait lOr receipt of all application).
ii) All the eligible applications shall be grouped, according 10 their category and with this
grouping, the lot could be conducted within one month from the last date of receipt of
the applications.
jii) A waiting list of not more than 30"10 of the total nwnher of plots to be allotted may also
be maintained Uplo 5 yeaI1I period only from the date ofdraw of lots.
Iv) The allotment to the wait-listed applicants shall be done as per their inoome at the time
of allotment and the price of plot may be wori<ed out edding 12% carrying cost per
< annum 10 the base cost.
vI The selected list of applicants should be froaJised by the representatives of the 1NHB
and City Management Committee within 3 days from the oompledon ofdrawal oflot by
joint sitting and should be published inuuediately. in Two Tamil Dallies and put upon
the Notice Boards of the Office of Executive llogineer 11NHB, Meruber Secretary, City
Management Committee and Collecfoolts. Tho drawai of lot will be manual since
rendomi.zed computer gener1llions slill do not have full public accepIllbitity.
Preferential allotment of plot not exoeeding 1% of the total plots in each category to the
ex-land owners may be oonsidered if the extent of the land so acquired is not less than
0.10 acres and subject 10 the jbllowing conditions.
i) the land acquired sball be lOr the same project. (Regarding exceptional cases for
other P"liects. the malter Iu!s 10 be bronght to the City Management Committee
and there shall be no delegation).
ii) the appliCarit should give no Objection <ertifieate fur the acquisition of bislher
land and pennit entry, and he/she should withdraw any case filed against the
acquisition. Of course, valuation can still be debated,
iii) the applicant should not own any house/plot within the Local Planning Area of
the City! Town concerned.
iv) the type of plot 10 be allotted shall be in accordance with the income eligibility.
v) the payment Iowards the plot allotted sball be paid immediandy on the SOIlle
• terms and conditions of allotment as for other alIottees irrespective of the fact
whether the ex-land owner has received the compensation amount or not. The
cost of the plot shall be wori<ed out as per the C.1.IX of the guidelines.
26
II. 1. ISSUE OF ALLOTMENT ORDER AND EXECUTION OF LCS
AGREEMENT
i) Allotment order along with the LCS agreement fur the selected applicants should
be issued withln one month fi:om the date of finalising the lists.
ii) The allooees should pay the Initial deposit and execute the LCS agreement
withln a period of 30 days from the date ofreceipt of allotment oIder.
iii) Maximum extension of 30 days shall be given by the concerned Exe. Engr,
TNHB for the payment of Initial Deposit (]D) and execution of LCS. subject to
payment ofi n _ to individual cas.. on its merits, ptOvided the request for the
exteualOD oftime is received withln 30 days wm the date ofallotment order.
Iv) For genuine reasons the conoemed Superimending Engineer (World Bank .
Circle) TNHB may consider further extension of time not more than 30 days 1i>r
the payment of initial deposit and execution ofLCB.
v) After the expiry of the extended time withln 10 days, the cancellation of the
orig;inal allotment and re-aIIotment to the next wait-listed perroDS will be made
simultaneously by the concerned E.EIfNHB in ""'P"CI of V"'""'t plots.
2. HANDINGOVEROFTHEPLOT
i) After the payment of Initial Deposit and the LCS agreement executed the
coneemed EE/fNHB should band over the plot to the alloItee dUly intimating
twice through RPAD within 90 days wm the date execution ofLCS agreement.
ii) On expiry ofthls time limit, the aIIoIment order issued shall be cancelled and the
cancellation shall be conlimted after • period of 30 days and then action taken
fur reallotment of plots.
iii) The money paid by the origiual allottees shall be refunded retaining 20% of the
amount paid towards administrative charges. Refund shall be made withln 30
days wm the confinnation ofcancellation..
IlL REFUND
i) After payment of initial deposit, if any withdrawal is sought by the applicant for
genuine reasons like calandty in the fiunily serious illness, etc. it could be
considered subject to payment ofinterest fi:om the date ofallotment til! the dale
of request by the anottees. However such matter shall be decided by the Sites &
Services Committee. Simultaneous serion fur re-aIIotment shall be talren within
10 days.
ii) In case of scaled of!i:rs, the refund of EMD for the unsuccessful applicants be
made by the conoerned EFIrNHB only after the offer is finalised.
IV. 1. CANCELLATION, REVOCATION
i) Time limit of one year for commencement of construction of building from the
date of banding over of the plot and completed in 3 years shall be strictly
ohaerved to and cancellation made as pet LCS agreement
ii) Beyond the above time limit of one year, extensioo of time fur « maximum
period ofone year may be considered by the concerned EFIrNHB on merits,
27
iii) Further extension of time for a maximum period of one )<'Of not exceeding 2
years from the date of handing over of plot may be considered by the concerned
SElWorld Bank CirelelBank is genuine, special cases.
iv) If any request for revocation is made, it shall be made within 3 months of
cancellation and be}'md that date no sucl! request shall be entertained
v) In case of Government servants who are availing of House Building Advance,
time shall be given for the coflSlIUCtion of the Residential building till the House
Building Advanoe is sanctioned by the Government, providad they furnish •
certitioale from their sanctioning authority to Ibis effect. But however they
should pay the interest every month on the monthly intalments due and on Initial
Det>oJ;it till the date ofpayment.
vi) Ifhowever, cancellation is to be restored to. plot where partial construction baa
b_ done, it shall be reallotted to the same allottee< on request, provided the
allottee is willing to pay the current cost ofthe plot in one lumpsum.
vli) In case the allottee does not corne forward for "",ocation of cancellation as
suggestad above/does not proceed further with the conslJ:uctjon immediately on
< revocation and complete the building within • period of 6 months, the allotment
of plot shall be cancellad with due notices to the allottee and the plot be taken
over with structure thereon by the TNHB. The value of structure shall be got
assessed by TNHB as per schedule of mes in furee and property disposed of in
open auction.
2. MODE OF ALLOTMENT FOR VACANT PLOTS
i) The allotment of vacant EWS and LIG plots shall be done to the applicants in
the waiting Jist. After exhausting the waiting list, the balance plots sbal1 be
allotted by inviting applicetions through advertisement in _ , Tamil dailies. ,
ii) In case of vacant MIG and lllG residential plots are shall be done to the
applicants in the waiting list. After exhausting the waiting list applicants, the
vacant plots shall be disposad of through sealed offer.
• V. DISPOSAL OF PLOTS THROUGH SEALED OFFERS
In the case of plots of all types where sealed off.,. are to be called fur the concerned
EEITNBB. With the approval of the concerned SE(WBCyrNHB may fix the upset price as per
the approved pricing woiked out fur the particular scheme and release the advertiseruent as per
the procedure and allot the plots with 15 days from the day of operting of sealed tenders, to the
bighest bidder, provided the highest bid is more than the upset price fixed. However sucl!
disposalS should be placed befo", the Sites and Services Committee for infoonation.
VI. TRANSFER OF TITLE
The tr.msfer of Own...hip of the plot allotted shall be made in accordaoce with the
circular No.R31520241ll8, dt.l 1.05.89 issued by the Chairman & Managing DirectorfTamil
Nadu Housing Board.
VII. ISSUE OF SALE DEED
• The TNHB is only issuing no objection certificate and not approving the plan. NOC
shall be given in the FMB. Sketch only with a covering letter. The sale deed shall be issued
subject to fulfilling the following conditions.
28
i) Payment ofplot cost is made in full
iil The dwelling lIl1it should have been constructed
iii) Property Tax Certificate 10 be produeed.
iv) Sale deed shaIJ be issuable after the specific period in LCS Agreement and
compliance ofabove stipulations.
V. CHANDRALEKHA
SECRETARY TO GOVERNMENT.
PROCEDURE FOR
2 (i) Drawal of Lot
•
After identiJYing and reserving 15% of the PlotslFlatslHouses by the Government to be
allotted under Government Diseretionmy Quota, the remainiog 85% of the PIoWFI.tsI Houses
. under Board's Quota are allolled through drawal of lot after calling for applications through
leading news papers.
The advertiaemenl for calling applications is released in news papers in English and
Tamil by informing the date from which the application will be available fuJ.saie and fixing the
last date for submitting the filled up application with regislnltion tee ifany,
The received applications are sorted out and classified in the various categories like
SaST, Slate Government. Central Government, Defence, Dhobi"" and BartJers, Working
Journalist, Languages Crusades and State Border Agitation participants and Ge>1eral Public if
the flats to be allotted are more in nwnber.
If tbe flats to be allolled is in limited numbers, the lot i. conductod in common pool
only, Aller receipt of the applications the date ofdraws! of lot, time and the plaee in which the
lot will be conductod are initiated by pahlishing the notification in Newspapers.
The eligible applications are typed in the following form and booklet is prepared berore
During the lot, two drums are kept and in one drum the token mentioning serial number
are put and in another drum the numbers of the FletlPlotIHouse to be aUotted are put. The public
who are present for lot are invited to take one token ftom one drum for serial number and one
• token trom another drum for flat No.
The wait listed applications (30'10) are also taken frum the drum in which the tokens
containing the serial numb... are placed.
Aller selecting the applications during the lot fur all the flats to be aIlottCd, the selected
list is ciroul.ted among the IIlOIllbers of the Allotment Committee for approval aDd ther:eafrer.
the list will be poblished in Notice Bo"", on that day itself and the Regular Allotment Orders
are sent demanding Initial Deposit for aUottees of Hire Purohase basis and whole amount fur
aUDltees on outright putehase basis.
30
2(ii)
Sub: Housing· Tamil Nadu Housing Board • Income etigibiiity for allotment· Fixed
for lllGIMIGILIGlBWS categories • Eligibility of a person with a Higher
income for a lower category house· Instructions issued.
''If a person falling in a lower income category seeks allotment ofhigher category house,
his request cannot be considered. as he will not have the capacity to pay for the cost of the
house, whereas if a person with a higher income opts for • lower category house, such request
may be considered".
. In view of the above clarification, it is oIdel:ed that if an upplicanl with • higher income
opts for allotment of a lower category house in the Housing Board, such request should .be
considered. since be will have more capacity to pay for the COS! of the house.
SdI· S.SURYAN
To
I Forwarded: by order I
Sd( )
SUPERINTENDENT
31
Housing & Urban Development
Department) Secretariat
M.udnos - 600 009
Letter No.472111HB411194-1
Dated: 29.11.1994
From
To
Sir.
Yours faithfully,
Sd( )
fur Deputy Secretary to GoV!,
32
2(;ii)
All Ihe Executive Engineers!Executive Engineen; & Alimn. Officers and Allottees'
Service ManageIS should not keep the .um:nden>dlcaru:eIled vacancies sel apart for Board'.
Quota indefinitely .""",,1 with an aim to fill up the shorWlll in different categories exeepl for
SCIST category, all 'SGIlllCies may be hroughl into common category and allotment made then.
33
2(iii) TAMIL NADU HOUSING BOARD
In the G.O. 1at cited Government have issued instruction fur allotment of plo!1flats!
bouse constructed by Tamil Nadu Housing Board with noservation for different categories like
SC, ST, S.G. e.G., defence etc. They have also ordered thst if applications received in a
particular category are less than the quota fixed for that category, the ex""""flatthouseslplols
J
should be added to the General pubjic quota and allotments made.
In view of shove, in partial modification of the orden; already issued in reference thim
• cited, the Exe. Engr. & Adm. Officer I Allottee Service Manag... of Tamil Nadu Housing
Board are instructed not to keep the sun:endered I Cancelled vacancies set apart for Board quota
1 indefinitely vacant with • aim to fill up the short full in different categories. Except for SC/ST
1 category, all vacancies may be brought in to common category and allotment made then.
34
2(iv)
TAMIL NADU HOUSING BOARD
Sub: Tamil Nadu Housing Boan! - Allotment of housesillalB lilll... vacant due 10
declining/surrender/cancellation - reallotment - certain instructions issued.
•••
Uuder existing system, the houses/:flats constructed in various schemes of Tamil Nadu
housing BoanI are allotted 10 the various categories oI people' bllB<!d on the pen:entl!ge
reservation quota specified in the G.O. for allot1ing the housing Units, the lot system is
followed. After completion oI allotment in the first lot, IIlImY vacancies "'" arising either due 10
declining/surreuder by the allottee or due to cancellation for de!ilUlt of aIlottees. While duing
allotment of these vacancies, the pen:entl!ge reservation quota is not genenilly followed .t
present by the Executive IlDgineer and Administrative Officer's I Allottee Service Managers.
Consequently this aJli!ots the pen:entage reservation quota prescribed fur the specific categories
ofthe people sad there become a sborUiIIl
. in the quota to which each categOl)'
. is entitled.
With the view to overcome this duficiency, the following insIructions are issued.
2. In future, whenever the vacancies are reported to the Board, itsbould be specifically
mentioned Wlder which category the vacancy bas arisen and how it bas arisen with full details.
Sd/. V.VISWANAmAN
MANAGING DIRECTOR
To
!/!>orwarded: by Order!!
$d( )
SUPERINTENDENT
35
TAMIL NADU HOUSING BOARD
The attention ofthe A11ot1ee Service Managers I Executive Engineer ami Administrative
Officers' of City Divisions I Molfussil Units are invited to the references cited, They an:
informed that the Board in i15 Resolution No.9,OI dated 28,1l,94 has resolved to reoommend
the pcoposal to Government to reserve 3% in allotment (in 85%) fur the employees of Tamil
Nadu Housing Board. AcxoJdingly in Board~ letter NoP 2nS027194, dt. 14,12,94 the
Gov,emment, has been addressed fur early orders,
Now the Government in Letter No.5608IIHB4{I)l94-2, de 22.1 1.96 (U,annexed) have
given direction that the reservation of 10% made for Fixed Depositors with the Tamil Nadu
Housing Board in G.0.Ms.No,961, Housing and Urban Development dt. 3,12,93 (G.O,
annexed) be reduced to 8"A. and the balance 2% be reserved separately fur the employees of the
Tamil Nadu Housing Board in the matter of allotment of Tamil Nadu Housing Board
PlolslHouseslFlats. Further the 18% reservation in the said Government onler fur State
Government, Servants including employees of the Tamil Nadu Housing Board h..-..fter will be
",.Iuding for State Government, Employees only,
The Government have also issued the following amendments to G,OMs,No.961, •
Housing & Urban Developmentdt.3.12.93,
Amendment· I
For the existing item (iii) in para 3 of the said Government order substitulll the
following:
Amendment ~ II
For the existing jtem (ix) In para 3 of the said Goverrunent order substitute the
fullowing:
Amendment - ill
In para 3 of the said Govenunent order the fullowing shall be edded as item No,xi,
36
12.1 1.96 are enclosed. All the Allottee Service Managem'Ilxe.Engr. & Admn. offi""",' of City
DivisiooslMofussil Units are requested to note the amendments issued in the Govenunent letter
dt. 22.11.96 and act accordingly.
The receipt of the memo along with its enclosures should be acknowledged by return of
the post.
SdlTHANGA KALIYAPERUMAL,
For Managing Director.
To
The All the Allottee Service ManageIS and Exe. Engr. & Admn.
Officers' of City and Mafussil Units.
IlFoxwarded: byorderl!
Sd( )
SUPERlNTENDENT
37
GOVERNMENT OF TAMIL NADU
ABSTRACT
Housing - TNHB - Plots developed by the Tamil Nadu Housing Boaxd and Flats! Houses
constructed by the Tamil Nadu Housing Boaxd and Reservation of allotment - Revised orders
Issued.
", ............ , .......... " ............................................................... ,,, ................................................, .............
HOUSING 8. URBAN DEVELOPMENT DEPARTMENT
•••
ORDER
In 61eir order second read above, the Government have fixed certain petrentage of
reservation for allotment of houseslflal8lplots of Tamil Nadu Housing Board to different
categories as fullows:
38
"ii) Working Iournalists 3%
2. The Managing Director, Tamil Nadu Housing Board, in his lener fourth read
above has stated that; with " view to augment the Iinance of the Housing Board" it has been
considered to allot 10% of the plotslhouseslflats Wlder 85% Board Quota., exclusively to the
Public who come rorward to invest Rupees one Iakh and more in the fixed deposit of the
Housing Board fur a period not less then two years. The Board, in its resolution No.6.04 dated
15.3.1993 has resolved to recommend the proposal to Government for approval. Apart from the
above proposal, in consooance with decision taI«m during !he pre-budget Review Meeting on
·Social Welfare, held by Honourable Chief Minister on 8.4.1993 fur examining !he question of
reserving 3% of housesltlatsfteoements, ooDS1ruCled by the Tamil NOOu Housing BoardITamil
. slum Clearance Board exclusively for !he handicapped peraons, the Director of Social welfare
suggested !hat reservation of 3% fur the ph)'Sically handicapped may be made in all categories
including the 15% Government DiscretaIy Quota. The·Managing Direclor, Tamil NOOu HOusing
Board who was consulted in this regard, has stated tbat if the Government would feel, like
enhancing !he peroentage OIIl1lllIIted for allotment to physically handicapped !hen !he
Government may take a decision in the matter,
39
personnel (out oflhis 1% is reserved for
allotment to Ex-servicemen belonging 10
Tamil Nadu who are recipients of the Gallentty
awards such as Panun Vir Chalcra, Vir
Chakra and MM. Vir Chakra 7%
From out of the calegories in items (i), (vi) and (x) 5% for Artistes and 1% for political
sufferers will be allotted on priority basis. I % for p~cally handicapped will be allotted on •
priority basis in all calegories mentioned above.
•
4. The Government also oroer that the reservation of 10% of the PlotsIFlaIs / houses
onder 85% Housing Board quota mentioned shove ror Fixed Deposit Holders with Tamil Nadu
Housing Board is exclusively to the Public who come rorward to invest Rupees one lakh and
ahove in the Fixed Deposit of the Tamil Nadu Housing Board for a period of not less then two
yeaIll and that, ifadequate number offixed depositors are not available the UIlutilised quota will
be added to the General Publie category,
L.N.VIJAYARAGHAVAN
SECRETARY TO GOVERNMENT
Itruecopy/
Sd ( )
SUPERJNTENDENT
40
O>pyof: 2(v)
From
To
Sir,
Sub: Housing - TNHB - Allotment ofPlots Illais / houses - separate """""ation quota
of2% to the employees ofTamil Nadu Housing Bo.inJ - orders - _ .
•••
I am directed to state that it was announced by the Honouroble Minister (Housing) on
the floor of the Legislative Assembly Honouroble Chief Minister and sanctioned reservation of
2% in the allotment of Tamil Nadu Housing Board Piois / Houses I flals to the TNHB
Employees. Accordingly, the Government direct that the reservation of 10% made for Fixed
Depositcm with the TNHB in G.O. Ms.No.961 HOUSing & U.D.Depl deted 3.12.93 be reduced
to 8% and the balance 2% be reserved separately for the employees of the Tamil nadu Housing
Board in the matter of allotment of TNHB PlotsIHousesiflals. The 18% reservstion in the G.O.
for State Government Servanls including employees of the Tamil Nadu HOUSing Board
hereafter will be exclusively for stale Government Employees only.
Amendment - I
For the existing item (iii) in para 3 of the said Governrnent order substitute the
fullowing:
Amendment ~ n
For the existing item (ix) in para 3 of the said Government order substitute the
following:
41
Amendment -III
In para 3 of the said Government order the following shall be added as item No.xi.
Yours faithfully,
•
Sd ( )
for SectWuy to Gov!.
Copy In
I. Heads ofdepts.
ji. Collectors
ilL Autonomous bodies
iv. Department ofsecret. Cbennai - 9
v. Deputy Director (Publication) lnfurmation &
Tourism Delp. Chennai - 9.
Section ofbousing & un. Dept. Chennai - 9
Itrne copyl
Sd( )
SUPERINTENDENT
42
2(vi)
.n;rrm: 04.11.97
-.'"'.
-
CI.OCoo .J)iJuw... ~6aUuLL... lDA'~1t6D'f QHJm4 E'lROft-.ul ~~ .1',
"","""uu':'@ ~ ii..... _.4.03 ".m 14.5.97 /il!» ..;,p.; Q."siT.,.uuL.(!; . . . . . - . ,
®!IlIUUuu- 13,06.117 !!>1f6IiIL..t.- ",dl",,, ,,~., _01", ~ c...om...,juw.....
17,09.97!!>'101lU- "',.. "'..._ _ .314 /il!»",... ~ ~u':'@siT<II ~uu
""10 "'C!!>"',............u "'Ii>/,ll" Q""""<!ill.l.1997 (IJ>jIIO> "'1!PO>u~ ~"I """oUaloysiTmlll' (0.0.
, annoxed)
"'... 4"''''' .."".314. !!>'''' 17.9,97 /iIoI< ,!;5'i> ~j;jII _uuuu@<ll!Djll. ~
Q*WID QUIf!6twrr6llIT lD!Dplh jiwltai ~~i I tHilU@ ~ Cw$ll'ri ~,a 4"1~ Ctotb
)!IUU""""" on(!jl~u", <la.:.@;' Q."m.,..;,U@dlID....... !i'5eplluu,_.. Quj>~
Q51f~rra; 9U4Q1)o!WilJ)IU LL...liIIT~UJn5d1tJlfLn.5l ~ulq. GaL...@5Qa;rrmmuu(9&ljDlI'iraim.
QW/,llJ!;lf
dI~ ~ QUII'l15hulfw I.OIDJllltn ,®a6ll1l'~ "",~9)Ji
dl6IM:IT_~~QLCOOIf61TrT
dlQfiQIT_ il:1J.')!DUII'~ QU'!fjIIUII'W
~ &MrUAll1lUUl6Tfrilfi6Tr
@~ tlloll"l- 1
~ tlllll"l - 2
~ tll6l"l •3
~ tlllll"l- 4
o:!Mm.m~ ~OOU) Qu_!6lu.ur41fIT
(~"' )
~8>nmfiuwlT6JTrr
43
GOVERNMENT OF TAMIL NADU
Copy of2(vi)
ABSTRACT
•
Housing • Tamil Nadu Housing Boan! • Al!01ment of Tamil Nadu Housing Board's
PlotsIFlatsIHouses - Fixation of income limit orders -Issued.
ORDER
In the G,O. fim read above. the follOwing income limim were fixed for the al101ment of
plots/flam houses ofthe Tamil Nadu Housing Boan!:
2. The Managing Director. Tamil Nadu Housing Board bas proposed the fullowing
revised income limit based on the revised norms of HUDCO for the al101ment of plots/flats/
houses. ~
•
StNo. Category Existing norms w.o.! Revised norms
1.7.92 w...r.l.l.97
----.
1. EWS UptoRs.l.2SOI. Upt(} Rs.2,loo/·
2. UG Rs.J,2511- to 2,650 Rs.2.101 tt> 4.500
3. MIG Rs.2,6511- ro 4,450 Rs.4,501 to 7.500
4. rnG R• .4,451 & above Rs.7,501 & ahove.
-.---
44
3. The Govemmen~ after careful consideration direct tbat the revised income
range detailed in para 2 above be adopted by the Tamil Nadu Housing Board with effect from
1.1.1997.
A.P,MUTHUSWAMI
PRlNCIPAL SECRETARY TO GOVERNMENT
To
IlForwarded by orderll
Sd( )
Section Ollker
l!True copy/I
Sd( )
SUPERINTENDENT
45
2(vii)
~msir: 11.11.99
9u,/-ii/.~u~u""
C"'..........,'" ~w~...
~:
1lIo.(!;l~ j)w'"i!!i'"'ir
(9I""...rr'" u"",-<i11)'1\ ~wBi&tO
22. m6L.6M §l,!I)ffU)GTo q.Q\OOO
Q............ -3
... ili.12.11
46
QI'L.@'""'>!9 "'Ii>IDo11 !D".U4!D
61I6TIIi661~
Ji6W)~uwf Qe:W~
Q";'..,.,.-9
(l:"""'....
"'LO ~<OeJ!lli.
jb.1!(j)I oR~ "",,&11,
QM6l1.l6m' - 35.
~~o$~ L6\i0r~I.OI46ltQT.
", 6\l..sI~••
..!)IIJ'& ~610~ Qs:UJWn'6JT~rr"..
"""" '
1, ...~ iiw<OeJ!lli.
QP<ir""'"'" u6l>u:6" !!i'" iiw.........
22, ~ ~ (ffl6lJ)6l,),
Q";'..- - 600 003.
47
3(i) TAMIL NADU HOUSING BOARD
Sub: 1NHB - Inclusion of certain oandition in the L.C.S. J\gI<:ement for hire purchase
and outright purchase - reg.
•••
The Executive Engineer and Administrative Officer. City Divisions and the Moffusil
Units are ""'Iuested to take ne<essalJ' follow up action to inoozporate the fullowing condition
passed by the Board in the L.C.S. J\gI<:ement (Both in outright I'urehase and hire purchase
L.C.S. J\gI<:ement) under intimation the Board
"It i. specifically agreed betw_ both the parties at if any .tructuxal defect develops
with in three year in the foundation or within two years in the super structure from the date of
allotmen~ the Housing Board will rectifY the same at its COlI!. If such defect develops after the
above said period., it is for·the allottee to get the defect rectified at bis oasts".
This clause may be added, as clause No.30A in the L.C.S. Agreement fur hire purchase
flat and as clause No.21A in the agreement for outright I'urohase f1a!.
SdI- S.P.PASHA
for Chairman
l/true copyl/
Sd{ )
SUl'erintendeot.
48
3(ii) GOVERNMENT OF TAMIL NADU
ABSTRACf
Housing - Tamil Nodu Housing Board - Allotment of flats.lHOuse8 under outright purchase
Revision of pen:enlage for outright pun:base - orom -Issued .
..................... , ......................................................................................,"', ... ",................ , ... , ..... ,.,.,.,....
HOUSING AND URBAN DEVELOPMENT DEPARTMENT (HB.4(1)
2. From the chairman and Managing DirecIDr, Tamil Nadu Housing Board letter
No.P.212646Q192 dated 14.5.1992.
•••
ORDER:
With a view to augment the !inan<e ofthe Tamil Nadu lfousing Board, the Government,
in their Of\ler first read above issued 0Idm that allotment of flats I houses, under outright
pun:hase basis. shall he 500/, and 25% fur HlGIMIG categories. respectively. in Metropolitan
cities, District Headq_ and District Urban areas.
2. In the letter second read above, the Chairman and Managing Director, while
explaining the circ1lDlSlan«:s which led to the nnfavoUI1lbIe financial consiJaints of the Tamil
Nodu Housing Board, has proposed to revise the pen:entage n;r outright pun:base to OVIl!COIlle
the financial consiJaints. The Tamil Nodu Housing Board in its Resolution No.9.03 dated
29.4.1992 has therefure resolved to revise the pereentage ofoutright sale as detsiled below:
The Chairman and Managing Director, Tamil Nodu Housing Board has requested GovemmenJ
to approve the above proposal.
3. The Government after careful cousidemtion, accept the proposal of the Tamil Nadu
Housiog Board. They aceoroingly direct that the pen:enlage of outright sale of houses/flats by
the Tamil Nodu Housing Board he revised as follow:
49
HIG 60"10
MIG 40%
LIG 25%
4. The Chainnan and Managing Director, Tamil Nod. HQusing Board is requested to
pursue further action 8(;(:()Idingly.
LN.VIJAYARAGHAVAN
SECRETARY TO GOVERNMENT
To
The Cbairman and Managing Director
Tamil Nodu Housing Board
Nandanam, Madras - 35.
I True copy I
Sd ( )
SUPERINTENDENT.
50
3(H)
TAMIL NADU HOUSING BOARD
Sub: Tamil NOOu Housing 80m! - Allotment offlats I houses under outright purchase
- Revision of pen;entage ofoutright purchase ord... - issued.
All Executive Engineer and Admini_tive Office!'s and All Allottee Service Managers ofCity
Divisions and Moffusil Units are requested to strictly follow the uhove Older in future
allotments.
The receipt 01 the Memo may be acknowledged.
SDIK.CHELLAMUTHU
for Chairman
To
1F0rwsrded by orderl
Sd( )
SUPERINTENDENT.
51
3(iii) TMilL NADU HOUSING BOARD
As per the norms proscribed in the G.O. lst Cited for a1lolment ofTamil NOOu Housing
Board ploo.'flatslhouses, an applicant should not own a houselflatlplot in any MUnicipal
Corporation, Special Grade and 'A' Grade Municipalities or in any of the capital town in the
country either in bis/her name or in the name of the spouse or minor cbildren.
As per the revised norms approved in Board's resolution 2nd cited (anneoced) an
applicant of Housing Board scheme should not own • houseJhouse sitelflat in any Municipal
Corporation, Special Grade and 'A' Grade Municipality, Township, Town Panchayal in Tamil
NOOu and in any Housing Scheme ofTamil NOOu Housing Board anywhere in Tamil NOOu or in
any StatelUnion Territory Capital Town in the country either in bis/her name or in the name of
the spouse or minor children.
A declarnlion to the above effect should be obtained from the applicant and also
incorporated in the application IOrm.
It i. now brought to the notice of the Board that COI1llin Executive Engineers of the
DivisionsIUnits are pressing the allottees to give. certilk<lte to the efleet that the individual
does not own a houselflat or site anywhere in India. It is ohaerved that the above ""tion of
Executive Engineers is contrary to the proscribed norms by the Government and the Board and
it will lead to litigation.
Henee, all the Executive engineer and Administrntive officerslAllottea Service
Managers of all DivisiOlllliUnits are instructed to obtain the declaration from the applicants!
allottees only to the eJlect that the individual does not own a house or flat house .ite in any
Municipal Corporation, Special Grade and 'A' Grade MunicipslitiesITownshiplfownPanchayat
~ in Tamil NOOu and in any housing scheme of Tamil NOOu Housing Board anywhere in Tamil
~ "NOOu or in any StatelUnlon Tenitory Capital Town in the country either in bis/her name or in
+ the name of the spouse or minQr children.
The ahove instructions should be followed strictly. The receipt of the circular memo.
may be acknowledged at once.
SdI· S.SURYAN,
for Managing Dirertor
To
52
3(iv)
SC/ST including Adi Dravidars, Dobie&'Barbem, working Joumalists are not eligible 10
apply under outright purchase system. State Government Servant applying for HBA to pay full
cost should not apply under Oolright Purchase basis.
Others are eligible 10 apply under outright purehase provided they are prepared to pay
the cost in full within 30 days plus a grace period ofanother 30 days
Outright purchase allottees shall be given I month time to pay the entire cost with a
grace period of another one month 10 cleat the dues before notice fur cancellation i. issned to
them. (Govt.Lc.No.I22871K2186·6 dared 01.04.1986).
From experience it is seen thst in several schemes the demand for allotment under
outright purchase basis is mucb less than the demand under the Hire Purchase scheme. In such
cases ofless demand fur outright purchase basis and when sufficient number of applications are
not received under outright purchase basis in any scheme, the Tamil Nadu HOusing Board may
convert sucb utrits from outright purchase into Hire purchase basis and allot them under Hire
purchase basis under usual terms and conditions.
53
3(iv)
With reference to your letter cited, I am directed to stale tbat there is no clumge in the
orders issued in G.O. Ms.No.908, Housing &. Urban Deve. Dept. dt. 16.7.80 read with
G.O.M•.No.922, Hg.&. u'D.,· dt2L6.83 Government the sanction of M.B.A. to State
• Government Employees for pun:base of Houseitlats from TNHB with reference to
G.ONs.No.8!I, Hg. &. UD., dl22.9.84.
2. I am '"'" to request )IOU to clarify specifically wbile iSSlling advertisement for calli.g
applications in future scheme as per the G.OMs.No.811 Hg. &. UD., dt. 22.9.84. for allolment
YOUI'S filithlhlly,
SdI
furCOMMISSIOJ-,cR&. SECRETARY TO GOVT.
............................................................................ " ................................................................... " .........
TAMIL NADU HOUSING BOARD •
Memo No.P3/42315/85 Dated : 30.8.86
A copy of the Government Ietler 324841k2/85-9, dt. 8.8.86 is communicated to all the
Executive Engineers and Administrative Officer's ofCity &. Mali.tssil Unill< for taking necessary
action.
SdiASELVARAJ
To for chairman
The E.E. & Ad.O's ofCity & Mafussil Units.
1, R & T. Sections of Board Secretariat.
:: TROO COpy"" Sd ( )
SECTION OFFICER
54
3(iv)
COPY OF:
GOVERNMENT OF TAMIL NADU
ABSTRACf
Housing. Tamil Nadu Housing Board " Allotment under Hire purchase basi•• Modification of
the procedure .. Proposals of Tamil Nadu Housing Board - Orders. Issued.
................ " ..............""...-.................... ""''',,................................ ".,.... ...................... " ................
""",
55
The Chairman, Tamil Nadu Housing I30aId in his leiter fuurth read above has requested
the orders ofthe Government based on the above Board's Resolution.
4. The Government have examined the proposals to the Chairman, TNHB in detail. It is
a fuet that finances of TNHB are not in very good shape and )'«If after )'«If Housing Board
Funds get locked up fur long periods wherever hire purchase schemes are in vogue. In ahnost all
scheme thc plotslflallilbousea are sold on hire purchase system and this practice puis a heavy
drain on, TNHB funds and Ihcir capability to plough more funds fur new constructions,
Moreover, the I30aId is getting funds trom HUDCO and financial instilUlion at high reate.s of
interest. By the time the money starts flowing back in ·inflation an rising costs, the value of
money gets diminished to large extent and Housing Board is a losser.
5. On the othetside, provision of housing i. a special service and basic need whlcb •
public body i. requitod to render to the public at large who mayor may not have full readily
available resouroes. Especially vulnerable sections of public will have to be taken care of and
can't be left in lurob, ifoutright payment method is accepted.
6. After due consideration of all issues the Governnient have decided to accept the
request of the Chairman, Tamil Nadu Housing Board for modification of the allotment
procedure under outright purchase basis. In partica1 modification of earlier orders issued in the
0.0:. first and thin:! read above the Govommeot i.sues the fullowing instructions:
a. 577 fial:sIbouses out of the 1155 lIatsIbouses, detailed in para 3 above should be
allotted under outright purchase basis through drswal oflols.
£ for 10% Government quota, only in <aSes of MIG pJots!flats I houses. 50% of
10% (i.e.) 5% shall be.sold on out right sale basis;
56
g. Artists, political sufferers and physically handicapped to whom allotments are
made on priority basis shall not come under outright sale scheme.
h. Later for 50"10 for HIG plotsillatsibouses and 25% ror MIG plotsillat house, on
outright sale basis shall be held separately from the applications made
specifically fur outright sale basis;
1. The person making application under one of the categories (i.e.) either outright
sale basi. or hire purohase sale basis, shall not be allowed to make application
for other category.
J. Persons who qualify for allotment of plots/flats! houseslunder outright sale basis
shall be given 3 montba time to pay the cost with grnce period of another 3
montba 10 clear their dues befure notice ror cancellation i. i..ned to them.
7. The Chainnan, Tamil Nadu Housing Board is requested maIre immediate appropriate
fu.rthe< action in the matter based the ahove guidelines.
8. This oro« issued with the concurrence of the Finance Department vide its D.O. Note
No.29S61FSI84 dated 20.08.84.
OM KUMAR
Commission« snd Secretary to Govt.
ITrue copy I
57
3(v)
MODEOFPAYMENT-llIRE PURCHASE
. I) Initially 21 days time (from the date ofrecoipt of allotment ICUer should be allowed for
making paysaent of initial deposit tailing wlrieh allotment .hall be cancelled by
intimating under RPAD),
2) At the discretion of the EFlASM (either ofthern may be empowered) further period of
30 days may be allowed for paysaent of Ln, However this is subject to payment of an
extension fee as follows:
a) EWSiLlG Rs,300/·
b) MIG Rs,500/·
cJ llIG Rs,700/
4) However if the house/Hat is ready for occupation at the time of allotment interest at the
ruling rate should be collected on the initial deposit, if the payment is made after the
grace period of 30 days, from the·allolment to the date of paymenL The interest amount
due should be collected along with the 1.0,
58
3(v)
COPY OF
GOVERNMENTOFTANULNADU
ABSTRACT
Housing - Allotment of Tamil Nadu Housing Board - Plots I Flats I Houses norms prescribed
guidelines - issued.
ORDER
For the expeditious disposal of the Tamil Madu Housing Board plots I flats I houses, the
Government in partial modilication of the orders in G.O.Ms.Ne.2OO3, Housing and Utban
Development Department, (\t. 9.11.79, p!eseribe the following guidelines for allotment of
Tamil Madu Housing Board's Plots I flats I houses.
i. Only 30 days tim. from the date of advertisement should be allowed for submission of
applications by the all applicants ineluding those in other states and outside India.
11. Within a week after the last date for the receipt of the applications, the Tamil Nadu
Housing Board should sort out the applieations category wise and conduct the drew.l of
lots for each category, If ineligible persons succeed in the drewn such cases should be
cancelled and those in the waiting list substituted. If should be clearly mentionad in the
·advertisements that the ineligible applications will be disqualified, eventheugh they are
successful in the lots.
111. The date of drawal of losts should aJso be mentioned in the advertisements to be
released by the Tamil Nadu Housing Board while inviting applications.
iv. Orden; ofallotment should be issued by the Tamil Nadu Housing Board within a work
from the date ofdrawal oflots.
v. As against 30 days time now allowed for payment of initial deposit of 25% the cost.
three weeks time from the dele of receipt of allotment order should be allowed. Tho
communications for successful applicants to remit the initial deposit should be sent by
Registered post with acknowledgement due.
Vl. Extension of time should not be granted for the payment of initial deposit of 114th cost.
If the initial deposit of I14th cost is not paid within the stipulated date the allotment
should be cancelled automatically and the cancelled flat should be allotted to the pernons
in the waiting Ji~ as per seniority.
vu. As against the present of sending a provision allotment order firnt and issue of regular
allotment order subsequently after collection of 25% deposi~ regular allotment order
shouki be straightaway sent to the successful applicants, in as much as the particular
59
premises intended for the successful applicants is also picked up in the dtawal of lots
and the number assigned straightaway.
P.KANDASAMY
COMMISSIONER & SECRETARY TO GOVERNOR
To
The Chainnan
Tamilnadu Housing Board
Madras 35.
'Copy commWlicated. The Government have been addressed for the modification of the
Guidelines 3 & 6. The Government orders are awaited. They will be commWlicated on receipt
ofthesame.
To: XX XX XX
• TRUE COpy
Sd( )
es 15389 SUPERJNTENDENT
60
3(vi)
In the case of applicants belonging to SClST, the initial deposit should be collected at
10% of the cost of the flatJhouseiplot (G.O.Ms.No.1624, Housing dated 30.10.1987).
After remitting of initiJII deposit, the balance cost sbould be paid in monthly instalments
spread over a period of yean; as stipulated in the regular allotment order.
In respect of AP Plots and EWS plots and Flats it is enough if 1/4 cost i, collected
instesd of 1/3 cost and the balance may be permit1ed to be paid in monthly instalments spreed
over a period of 10 yean; and this takes effect from 01.04.1988 onwanls (Boanl Res.No.45
dated 31.10.1988. Boanl Circular No.m091l-2188-1 dated 21.11.1988).
Conununication for successful applicants to remit the initial deposit should be sent by
Registered post with Acknowledgement Due.
61
3(vi)
Sub: Housing - rnHB - Artisan Plot Collection of initial deposit and Monthly
Instalment - Division - Regarding.
Ref. Board Resolution - No.45, dt3 LI 0.88.
Representations have been received from some oflIle allottees of Artisan plots !bat lIley
are'economically weaker and ifllley are asked 10 pay lIle cost of plot in 5 yeaIS, it is sImost
impossible to pay the instalments. Their representations were examined and Ihe malter was
placed befure the Board.
The board in its resolution No.45110.88 dated 31.10.88 has approved !bat it is enough if
114 cost is collected, instead of 113 cost and the balance may be permitted to pay in monthly
instalments spread over. period often ie. 10 years.
The above resolution is effective from 1.4.1988 and it is applicable only to the plots
designated as AP.Plots in the approved layout
•
SdI- M.S.RAMESH
CHAIR PERSON & MG DIRECTOR ~.
To
II FORWARDED BY ORDER II
Sd ( )
SUPERlNTENDENT
62
3(vii)
In the case of allotment of flatslhouseslplots which are 5 and less in number, ",lUch
cannot be apportioned among the j 0 categories acconling to the pen;entage of reservation then
the allotment can be made in • common pool lbrough Jot by grouping togelhe< aU the
applications received in aU categories (GoV!. Lr.No.398611K1I82-j dated 05.10.1982, BoanI's
CircularmemoNo.380841l-jI82-7 dtl9.10.1982) oopy enclosed.
63
Copyof: 3(vii)
Sub: Housing - Tamil Nadu Housing Board - Allotment of the 6 HlG Flats (in Block)
COlllI1tUcIed at Besant Nagar - Allotment of the flats by lot with oUl apportionment
among the serve categories - proposal sent by the Board - Approved bY the Government
- Communicated. .
In Besant Nagar Scheme area, 6 H.I.G. flats (in one block) have been constructed
• recently and out of which I flat has been reserved for allotment by lhe Government under lheir
I ()'>,;, discretionary quota. Applications have therefore been called fur allotment of the remaining
5 flats in response to which the Exe.Bngr. and ADO Besant Nagar Division has received 291
applications in total from all the seven reserved categories. Since apportionment oflhese 5 flats
among the seven classification !>ad become difficult, the Executive Engineer and Administrative
Officer Besant Nagar Division in his letter finrt cited has requested to the approaubed the
Government with a proposal to permit the Board to alM the 5 flats through lot by grouping
togc)her all the applications received without spliting lhern into all the reserved categories for
which percentage ofallotment have been reserved categories fur which percentage of allotment •
have been reserved. Tha Government in their letter third cited have approved the above proposal
of the Board with instructions to maintain a common waiting list and that the name procedure
•
may also be followed in contingencies of the kind arising in future. A copy of the above
communication of the Government is enclosed.
The Executive Engineer, and Administrative offiGerS of the Divisions and Units in the
City and Mofussil who are dealing with allotment matters are here in afler requested to adopt
the above procedure when occasions demand so.
sdIM.G.Ramach8ndrao
for Chairman
Encl: One
To
I true copy I
Sd ( )
SUPBRlNTEl'I'DENT
64
3(v;i)
Sub: Housing - T.NH.B. - Besant Nagar Division - 5 H.IG. FUlls at Besant Nagar
Allotment by lot without apportionment among the seven categories - orders - issued.
Ref: From the Chairman, T.NH.B.lr.oo.38QS4III!82-3 dated 28.7.82.
•••
I am directal to stale that in the eire_cos stated in your letter cited, the
Govemment approve your proposal for allotment of the five H.I.G. Flats constructed at Besant
Nagar, Madras through lot by grouping together all the applications receival without splitting
them into the seven categories for whicb percentages of allotment have been reserved and for
maintaining a common waiting Iist, I am to request you to take action accordingly.
2. I am also to state that the above procedure may also be followal in contingencies of
the kind arising in future. .
Yours faithfully,
(Sd. )
I True Copy 1
Sd ( )
. RBI2O-IOI82 SECTION OFFICER
Sdi M.G.RAMACHANDRAN
for Cltairman
65
3(viii)
TAMIL NADU HOUSING BOARD
In letter Ms.No.542 Housing dlI1.4.86 first cited the Government have decided thet
interest may be charged from the dale QI1 which the flalIhouse hocome available for occupation
in respect of fresh constructions instead ofthe dale ofallotment.
However, in the Board's Circular Memo No.even dt.l4.2.94 thin! cited it was ordered
that interest and penal interest cbsrges should ho collected fur the hoWed payment of initial
deposit for hire purchase !!Chemos at the prevailing rate of interest at the time of allotment and
the delayed payment of full cost fur outright purchase from the date of provisional allotment
order till the payment i. made.
Aggrieved by the above orders numerous representations have been received from the
allott... in the board and also by the Executive EDgineer&IAllottee Service Manas'" that there
is.no justification in cbarging interest when the payments have been made prior to the
flatslhouses became ready fur occupation and requested by Board not to charge in!",.&! on
belated payment of initial deposil/cost when the flatlbause is not ready fur occupation. The
Executive Engine«!Allottee Service Manag... have also requested the Board to consider the
request of the allottees and to withdraw the instructions issued in Memo No.T3140056A192
dt.14.02.94. The matter was ""amined in detail and in supersession of the orders issued in
Circular Memo No. dt.14.2.94 in the reference third cited, it is now ordered that interest fur
hol.ted payment should be charged only from the dale the flallhouse becomes ready for
occupation as already ordered in Government letter Ms.No.542 Housing & Uroan Development
Department dated 11.4.86.
The receipt of these orders may be acknowledged.
SdI- V.Thangavelu
for Managing Director
To
AU the Ex•. Engineer & Adm.Officers!
Executive Engineers ofTNHBI
All the Allottees Service Managers of
TNHB City Divisions & Moffusil Units
Copy to:
All the Suporintending Engineers of
City divisions & Moffusil Units
, All Officers in the Board Secretariat
Section Heads ofP, T, I and R - S..,ions
The Cost AecourtantfTNHB.
nl40056iV93
I furwarded by order I Sd( )
SUPERINTENDENT
66
3(ix)
CERTIFICATES TO BE PRODUCED ALONG WITH APPLICATION
I. Age certificate: The applicant should produce age proof certificate obtlrined from the
authorities mentioned below along with the applicants:
a. Birth Certificate from LoeaI Bodies, respective Tahsildar, Sub-Registrar and
Registrar of Birth and Death.
b. School leaving certifical<o or School T.C. issued by the Educational Institution.
c, In case of uneducated persons age certificaI<o issued by the RegisIered Medical
Pructioner not below the rank of Allsistant Civil Surgeon.
ii, Nativity Certificate: The applican! sbould produce. nativity certificaI<o in the usual furm
obtlrined from the LoeaI Regular Tahsildar or M.L.A< or M,P. or any Government
Officers not below rank ofDeputy Secmary to Government
Note : The Pen;ollS working in the Delimce Service are exempted from producing the nativity
certifical<o in the usual form. It i. enough if the Def"""" departJnent endorses the declatations
given by the Defence pen;oonal to the effect that he i. Native ofTandl Nodu (G,O,Ms,No,1624,
dated 30,10.1987) ,
Ill. lnrome Ceatifical<o : The monthly salaried pen;ons employed in the Government I Quasi
Government I Public undertakings I Private institutioos companies etc., should produce
the income certificate duly obtlrined from the respective depsrtment I Officers,
Others should obtain the income certificate from any offioer not below the rank of
Tahsildar of Revellue Department Or CIas&-A Officers in the Departments in Stll/elCentml
Government or IT assessment returns in furm 16 attested by the Chartered Accountants or they
should submit an affidavit in a (Ra,3/-) Three rupees stamp paper at the time of submitting
application.
iv. Community Certificate :
Scheduled Caste/Schedule Tribe applicants should produce the community certificate
from respeetive Revenue Divisional Officers.
(Board's Memo. No,P2I18927/89, dated 05.09.1989)
Community certifical<o may also be given in the proforma attached with the application
at the time of submitting applications. However, the original cenificate from Tahsildar should
be submitted in case he/she is selected ror allotment before issue of regular aUotment order,
y, Certificate prescribed for Journalist: A worlcing Journalist means a person whose
principle Advocation is that ofa Journalist and who is employed as such in or relation to
any newspapers _lishlllent and includes an erlitoT, sUb-erlitor, writer, copy tester,
reporter, correspondent. cartoonist,. letter writer, News Editors. News Photographer and
proof reader, but does not include any such person who,
I. Is employed mainly in a managerial or administrative capaeity,
2. Being employed in a supervisory capacity perfonns either by the nature of the
duties attached to his office or by reason of the powers vested in him. fimctions
mainly of a managerial nature as defined in seedon 2(1) of the Working
Journalist (Conditions ofservice and Miscellaneous Provision) Act 1955,
67
3(x)
!l'~5.f(j;I........ di.........:.u......nt6i>
~uLllMuuL!J6ll""®ib. ~~ 4 - Q1~®wau'eI. Ul,",",~6i> 4'" ~
...........:.u.... i1. ~uLib ,
G8
~\llI':'U._IiI."'......~ 9':'4""""'" ,".0!1..~ ""'':'4"''''+_~
Q"",iDQU'\llIIU''''' (UI) !!il""'" ~Iloll"""'" c:..
!ilu.......UQulI!6llU•.mir ~ c:""".rnO /
6lIl!ilu6Il... (..) c:-- ~lUmi ilI>L..@.. Qa.m.uu@IiI!D••<Wir.
9'l>/-Q.u....~
c:.."'.......... i/w"e~..
QUQ)lJ5'
"
69
3(xi)
~'"1 Q'':JlUU~""."Qw'''&\>
.!IIl!>IU(!!j1iluJ ..........
Q""'~unJ6llU'''''
{U» ~."'... .!IIiIlJ'Ol"'" J®(!Jj ""'~~ ,*,,(!Pm!D
iluu~.._ o01uumiU4 QaW~ ~!D"Liuth ~ ~(j)lth. iluupjlCi",(f,l,..;,
_~u. U\711Ul1ilM LIilw !!iL'"' .....- sr(f,l.... uuc..@oR6lT!I)I sr<l&!u~."" ~aWl""",
Q...u~unJ6I"'.,". (U» ~i...... .,.~. Ci"'........, 4lII~u<o>... (w) c:........C:",ri ~w'j!>
...
"''''Ul~ ""'tuU1~ "'l!IlIuu Ci'"~th.
70
~uu._ .a............uQuli>lD ~u~w
....il~ .......c..r <IIl!lJu4t.Ou"l
dI......M.i ,"""iDQuqllwooml (I!) !IiI""'o" dll\1I-/ a"!i>umr- Quo!J\lwroml/ a_o",.,
QilJDt-"'(In) _~aw."~.. Q....."'uu~,
9'i>/-Q",.~llil
alO.,_..,..jw~~,.
....lI1w~.., dI......M.i
Qo!FlU,;QUIfJ6lW"6fJir (m) $IrrQlIfSi .sI~6U6\)iT_
CI.O!DUmT~UQurq6lWITQl"ir_
a_.oml/Qil"U_(IO)a...,,,,,
71
3(xii)
(Under Certificate of Posting or Courier)
From: To:
Sir/Madam, ,
• The IUGHIMlGIIlG House I Plot / Flat No... " .... ,,,,,,, ... ,,.t """".... " ......." .. scbeme is
bereby provisionally allotted to you under Hire purchase/Outright purchase basis, The cost of
the house/plotlflat works out to Rs.".... "".(Rupees,:" ..... """."""""... ,,,.,,.,,,,... ,, only).
*(The ex:tra cost due to abutting 60' and above road and for comer plot should be included and
in the cost and break·up given).
"(21 days for hire purchase and 30 days fur out right purcbase fililing which the allotment will
be cancelled without further intimation to you)
I also request you to produce the aUested copies of the following documents.
L Nativity Certificate
2. Income Certificate
3. Proof for your age
4, Community Certificate in case ofSc/ST
5, LeS agreement (available at the Cash Counrer of this division)
On receipt ofthe above documents along with the initial deposits, the Regular Allotment
Order will be issued to you, The date of commencement of the monthly instaIhnent will be
mentioned in the Regular Allotment Order.
/ Forwarded by order /
SUPERINTENDENT
72
3(xill) TAMILNADU HOUSING BOARD
(BY R.PAD.)
From To
Sir/Madam.
Issued.
. •.. 11<.
The ...... ,................ ".,,, cost of the above .................""..is Rs...... " .... " ... and the initial
deposit paid by you is Rs ................... vide receipt No................................ dL................. The
balance cost of RE...................,payable in ,...................... monthly installments spread over a
period ....... ", .......... ,.... years with interest at the rate of .. " ..... ,...... % per annum. On the above
basis. the monthly lnstalhnent for the above works out to Rs..., ......",.. ".... per month and the
monthly maintenance charge is Rs, ,.."...,......... Both the amOunts are to be paid on or before the
15th ofeveI)'monih commencing from ......... " .......200. failing which penal interest at the ",te of
................ p.•. will be charged.
The PlolIFlatlHouse will be handed over to you only after the execution ofLease-Cum
Sale Agreement by you and on payment of the first monthly installment If no reply is received
within 30 days from the date of receipt of this Regular Allotment Order, it will be presumed that
you are not interested in the allotment made in your favour and the same wiU be reallotted to
another person as per rules in force. The initial deposit will be refunded to you after deduction
of interest for the period eonunencing from the date of Provisional allotment order to the date of
your intimation in writing requesting for caneeUation. Property tax and all other levies to the
Government in respect of the said property shall be paid by you only. from the date of this order.
The monthly maintcrume<: charges fixed by the Board should also be paid by you beror. 15~ of
every month.
73
The allottes should also form • Cooperntive Society I Association under the provision of
the cooperative societies/societies Registration1s Act within 6 months.
The cost indicatod as tentative is due to the Court cases pending, in which the exJand
owners have claimed enhanced compensation aed the final cost will be delemlined only after
finalisaton of the Court cases and the proportionate ema amount due to the final judgement
with interest is to be paid bY you).
• Forwarded: By Order
SUPERINTENDENT
74
3{xiv) LEASE-CUM-8ALE AGREEMENT
ThirufrmtlSelvi ."""""""""""""".",..."..... , Sio. 0/0. W/0 '" " ..... ,,"" " .." ...................... """
residing at
hereinafter called the LESSEE-PURCHASER (which tem1s shall wherever the conte.t so
pennits mean and in<:lude hislherlheirs, executolll and legal representatives) OF THE OTHER
PART.
WHEREAS !be Tamil Nodu Housing Board, • body corporate constituted under the
Tamil Nodu Housing Board Act, 1961 (hereinafter called the Act) framed for improvement
Schemes under the afuresaid Act after securing the lands for the purpose of the Schemes.
AND WHEREAS the Tamilnadu Housing Board, after the passing of the Tamil Nodu
Housing Board Act has now taken over all such lands and are now in possession of the same.
.AND WHEREAS the Tamil Nodu Housing Board after such framing of improvement
schemes within the meaning of the Act intends to sell the same after plotting them out as
building sites, erectiug hailding thereon and building flats and selling independently and
separntely.
AND WHEREAS one of such plot """"""".,,"" No""""""""""" in the ""."" .."....,,"
",."."""."",."""" scheme more fully deScribed in the Schedule hereunder and herein after
referred to as the property.
AND WHEREAS the aforesaid """"........ " ........... """"",, .. ,, was odvertised for sale by
the LESSOR - VENDOR AND WHEREAS there were negotiations between the LESSOR
VENDOR on the one hand and the LesseeIPurchaser on the other for allowing the Lessee
Purchaser 10 occupy the property as I.essee until the payment in full of the price of the aforesaid
................... as might he fixed ofthe Lessor - Vendor as hereinafter provided:
75
AND WHEREAS the LesseeiPurchaser had also requested the Lessor-Vendor to sell the
property to him!her on payment in installments of the full price as may be fixed by the Lessor
Vendor.
AND WHEREAS the Lessor-Vendor ageed to do so subject to the terms end conditions
hereinafter contained.
AND WHEREAS the Lessor-Vendor bas agxeed to lease the property and the Lesaee
Purchaser bas agxeed to take on lease subject to the terms end conditions hereinafter contained.
L The Lessee-Purchaser i. hereby put in poasession of the property and the Lessee-
Purchaser shall occupy the same as month to month as tenant thereof as end from
Besides, the Less....Purchaser shall be liable to pay all out!!pings wilb reference to Ibe
property including the taxes due to the Government end to the Corporation {l.ecal body.
The aforesaid amomt of monthly instalment fixed by Ibe Lessor-Vendor has to be paid
•
at the beginning of every month commencing from the date ofallolment end shall be paid on or
befure the fifteenth day of every month for wjUch it i. due end the first of such payment shall
conunenee from ...........................
Besides, the Lessee-PurcImser shall be obliged to pay the interest at the rate of
................................... scheme rate of (interest + 3%) per annum on all monthly installments
which has fullen in arrears end which remain '"'paid on the stipulated dates as aforesaid.
76
4. The Lessee-Purchaser .halloot be entiled to ossign.. sub-let or part with the
possession of the whole or any part of the property without the previous permission in writing of
the Lessor-Vendor.
The J..essee.Purebaser .baU pay towards such final price without detimh a minimum
instalment of Rs.........." .. (Rupees ........................................... every monlh for a period of
FiveITenlFilleenITwenty )'OOIS before the fifteenlh day of every monlh beginning with the
month of.. ,",., ................... .
6. On the execution of this indenture. the Lesser-Vendor shall permit the Lessee-
Purchaser to construct a building on the property.
The J..essee.Purebaser shall obtain the neeessary license from the Corporation of
Chennai local body fur the construction ofthe building.
11. The J..esscc>.Pun:haser hereby also confums that the agreement shall be ....bject to
the terms and conditions already indicated and agreed to under the letter of allotment dated
........... :..... in and by which the l.essee-Pun:haser was allotted this plot in the manner stated in
this agreement,
78
THE SCHEDULE
A1llhe piece of Land situated in the sanctioned plan of ............................ Scheme Plot
NorIhby
East by
South by
West by
measuring on the NorIh .............. feet ............. inches; on the East ............... feet .......... inches;
on the South ............... feet ............ inches; on the West ........... feet ............... inches;
sq.t\.
1.
2.
79
3(xv) LEASE CUM SALE AGREEMENT
(FLAn
TIllS DEED OF ABSOLUTE SALE executed in this the ......... day of ...................
BETWEEN THE TAMlL NAnU HOUSING BOARD, a stalUlory body ifJC(llporated by the
Tamilnadu Housing Board Act xvn of 1961, hereinafter represented by the Executive Engineer
& Adm. Officer of Tamil nadu Housing Board acting under the authority granted to him by the
Tamil Nadu Housing Board in writing in thls behalf by its Resolution No.120, dt. 25.04.1981 ,
authorizing him to sign for and on behalf of the Tamil Nadu Housing Board and having its
office at ....................................... bereinafter called the 'VENDOR' which tem! shall wherever
the context so permits, mean and include their successors in interest and assigns of the ONE
PART.
WHEREAS after due enquiry, vacant land had been acquired for the pllIpooe of the said
scheme.
WHEREAS the above said lang had been tnmsferred to and are now vested with the
Vendor herein.
WHEREAS the Vendor is thus vested with the absolute rights of ownership and
possession of the said land,
WHEREAS the property more fully described in the Schedule hereunder and hereinafter
referred to as the PROPERTY is part and parcel of the land covered uuder the Scheme referred
to above.
WHEREAS the Purchaser was allotted on ................... the Schedule mentioned property
under a Lease-Cum-Sale Agreement entered into by him with the Vendor.
80
WHEREAS the Vendor and the Pun:haser herein have mutually agreed to effect tllis
Deed of Absolute Sale of Schedule mentioand property for a total price consideration of. sum
of Rs, ",.",,,., (Rupees ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, only) (Cost of Plot Rs. .",m + Cost of .,
Development charges Rs, "",),
I. Until such times as the Vendor conveys and II1inSfer the Flat 10 thePurehaser as
hereander stipulated or until such time as ille Sale is determined by ille Vendor as
.hereinafter 'provided' ille purchaser shall be allowed to oo::upy' Flat' on the terms and
conditions expressed or implied, hereinafter mentioned fivm the date of this indenture.
2. It is expressly agreed between ill. parties hereto that the Vendor shall handover
possession of the flat to the Purchaser only after, ille Pun:haser has paid ille entire
amounts specified.
3. It is expressly agreed between the parties bereto illat the Pun:haser shall pay ill. Vendor
towards ille mon1hly service charges sum of Rs. ...." .. on or before ille IS'" day of each
month, the first of such payments commencing on ""'"'''' It is also expressly agreed
between ill. parties hereto !bat at any time ille Chainnan may in his sole discretion
determine the increase of the service charges On account of increase in expendit't1l'e for
the rendering of the service and the service charges so fixed under this clause shall be
deemed to have become payable irom the date of this Indenture and the difference
between the service charges already paid by ille Purchaser and the increased service
,
charges paysble under ills clause shall paid by the Purcbaser on demand to the Vendor,
The Purchaser shall be liable to mairrtain ille Flat in good and tenantable repair and
condition. RelShe shall be liable to the Tamil NOOu Rousing Board fur the damages
caused by rough. excessive other than normal ofnegligent use of the flat.
5. On the completion of the allotment of the flats of the colony, the housing Board will
intimate the allottee of the aforesaid completion of the allotment and regarding the total
number of allotments made in respect of that colony in order to assist the allottee to
fonn the Co-<>perative Housing Society within a reasonable time irom ill. date of=eipt
of such intimation by the respective allottee.
6. <a) The Purchaser shall fonn the Co-operative Housing Society along with the other
members of the flats in the ArealColony with such conveyance and conditions as are
approved by the Vendor in writing at tha time ofpropesal and framing of the by laws of
the said soci.ety.
81
7. From the date of taking possession of the Schedule mentioned 'Flat' the purchaser ,hall
be liable to pay all the taxes and other outgoings payable in respect of the property to tbe
Government State, Corporation of Madras and any other Local body or other authority.
8. The PU!l:haser shall be liable to maintain the properly in good and tenantable repair and
condition and shall carry out all repairs structural or otherwise.
9. The PU!l:haser sball pay all charges of electricity fur tbe flat direct to the Tamil Nadu
Electricity Beam.
10. If the purchaser fails to cany out any repain; to the properly which in the opinion of the
Chainnan of the Vandor are necessary ofit, the pU!l:haser fails to pay any taxes or other
dues. which under the terms of this Indenture the PU!l:haser is bound to pay. the Vendor
may canyout such repain; or maIre such payments on behalf of the pun:baser. Such
repairs shall be effected only after a notice in writing is giVen to the pU!l:haser by the
Vendor and on the purchaser committing default in complying with such notice.
II. The purchaser ,hall pay interest at per annum to the Vendor on any payment made on
hehalf of the purchaser by the Vendor and which under the terms and Indenture tbe
Purchaser is bound to pay and on any arrears of service or maintenance charges which
might be due and outstanding by the purchaser without prejudice to other reminders
open to the Vendor.
12. The purchaser shaH not make any additions or alterations to the Schedule mentioned
flat.
13. The Purchaser shall not use to the Schedule mentioned flat directly or indirectly for any
other purpose except for the pUIPose ofhislher own residence.
14. On payment of the cost of land and the flat by the purchaser, the vandor will execute a
sale deed in respect of the schedule mentioned in the flat subject to lbe condition that the
entire dues to the vendor as fixed by the veltior is fully paid.
15. The Purchaser will pay to the Vendor on demand Management charges, Insurance and
otber outgoings payable in respect of the properly to the Government, Stale or Central,
COtporation of Madras and any other Local body or other authority, due and payable up
to the date of the Registration ofthe Sale Deed, as fixed by the ChalllJlBI1 of the Vendor.
The registration charges the stamp duty and other incidental expenses shall be borne by
the Purchaser.
82
16. II is expressly llgreed between botllthe parties that after the finafuation of the tota! cost
of construction of the flat and the value of the land in accordance with the award of
compeos.tion declared by the Tribunals and Court, the purchaser sha!l pay to the
Vendor on demand before the registration of the Sa!e deed the dillerence between the
amount already paid by the purchaser lIS per clause 2 shove and the price amount finally
fixed by the Chairman of the Vcndor.
11. In case the purob.aser defaults iii paying any of the amounts herein before provided on
the dates and period fixed fur payment, the Vendor may determine this agreement fur
sale and on such detenninalion the purchaser shall surrender the IIat to the Vendor
forthwith. The Vendor sbaJl also demand and the pun:haser sball also pay interest on
such outstanding amounts at ."",,.,,",..""" peroent per annum to be calculated from the
date they originally become due fur payment.
18. In case the Purchaser herein dies after the !!at is handed over to hirnlher and after paying
the specified amounts and other dues regularly to the Tamil NOOu Housmg Board, the
Vendor may in their option permit the trnnsfer of the benefit under this scheme in favour
of the legal heir.
19, The Vendor off"'" the flat as it is under the Scheroe and it is the express oondition of
this agreement thai the Purchaser agrees to tala: the Schedule mentioned flat lIS it is with
full and definite knowledge of the nature and condition of the construction of and
acconunodation and amenities provided in the said flat end also of the building of which
the flat forms apart, The occupation of the flat by the purchaser will be with full
knowledge of its nature of construction of and its condition and neither the pu:rchaser
nor any other pernon occUpying the said flat and claiming through himlher any right
shall not have any claim for compensation in any manner whatsoever ftom the Vendor
for any defects in construction structural or otherwise,
20. If the purchaser commits a breach of any of the terms and conditions expressed or
implied -or this Indenture the Vendor shall be entitled but shall not bound to cancel the
allotment and to detennine the Agreement for sa!e without prejudice to Ihe rights of the
Vendor (i) to recover from the purchaser any loss, which the Vendor might sustain
ronsequent on the breach of the contract committed by the purob.aser and (ii) taire
eviction and for recovery of arrears, proceedings under the provisions contemplated in
the Tamil NOOu Housing Board Act, 1961.
21, The Vendor has a lien on .11 amounts paid by the Purchaser towards the purchase price
of the property, flat, fur all amounts payable to the Vendor under Ihis Indenture and for
83
any loss which Ihe Vendor may sustain os • result of any breach by Ihe purchaser of Ihe
terms and conditions of this Indenture and Ihe Vendor shall be entitled to adjust any
such amOlUlIB paid by the purchaser against such loss and Ihe balanee if any after such
adjustment will be refundable to Ihe purchaser.
22. The Vendor may in accordance with terms and provisions with regard 10 the tnmsfer of
the land tnmsfer all that piece and parcel of the land on which the bloc:kB of flats are
construction in ..................... arealcolony under the ...... """"",'•.•. scheme to the lfuusing
•
Co-operative society formed by the purebaser of flat in """".......... """"colony on
conditions as may be neeessaIy for transferring the land and they may he called upon to
execute such agreement or other documenIB of the Sale deed having regard to the policy
of the Vendor in rruiking such transfer in wour of the Society to hold the land, common
path ways staircases and all other amenities enjoyed in common by all the member1' of
the said Co-oper.nve Housing Society of arealcoinny to hold jointly of iIB members to
protect their rights privileges and other common amenities and benefil and on behalf to
take over the maintenance of the buildings with the amenities subject to such covenants
touching such furmation ofsociety under the scheme.
23. 'The purchaser shall not dOTing the pendency of this Sale agreement and until the sale
deed is executed in favour of the purebaser by the Vendor enabling the parehaser to
become the full and true owner of the flat, in any manner whatl!oever assigns, tJ:ansfur of
deni with hislher rights in mvour of third parties, who are not parties to this agreement.
The Vendor shall nol he hound to recognize any such tnmsfer for assignment in favour
of third parties, and notwithstanding such purported assignment done contraI)' to these
conditions, the pun;haser shall continue to he liable to the Vendor for alilhe obligations
contained in this indenture,
24. Until the execution of Ihe final sale deed in fiwonr of the Purchaser, the Schedule
mentioned flat remains the proporty of the Tamil Nadu lfuusing Board who shlIlI be
entitled to have a name plate fixed on esch of the said flat or on the building ofwhich it
forms part making the same as their property or 10 indicate the same in such other
manner as they deem fit.
25. In the event ofthe Tamil Nadu Housing Board becoming entitled to retake possession of
the said flat, it shall be lawful for the Tamil Nadu Housing Board by its authorized agent
or agents to enter into and open the flat or any portion ofits which will he in possession
and occupation of the purchaser of anyother persons not specifically named herein for
the purpose ofretaking possession of the said flat and fur Ibat purpose (if necessary) to
break open all locks, gates and doom whether exterior or interior without being liable to
the purchaser for trespass or otherwise, and the Tamil Noon Housing Board shall be
deemed to be hereby appointed as the agenl of the pun:haser for the said pwpose. It is
exp.....ly undersrood and agreed thaI tha Tamil Noon Housing Board shall be entitled 10
procoed against the Purchaser in ease ofhislher default for recovery ofarrears of service
charges, aoy compensation or the proceeds of 1his Sale Agreement as it is under the
arrean; ofLand Revenue under the Provisions of the Act.
26. In all mailers of doubt concerning and in respect of Ibis Indentun: the decisions of
Ch.ainnan of the Vendor shall be final and binding on the Purobasers. Any cost incurred
by the Vendor, the Tamil Noon Housing Board with regard to the construction ofIbis
agr<ement or any litigation or ootreSpOndence over it the same shall be paid by the
purcl!aser seeking the construction of proceedings in ligitation or carrying on
com:spondence.
27. The purchaser shall be bound by the terms and conditions contemplated in the
application fonn and the rules and nogulations prescribed in the prospectUS of Ibis
sclIerne which will funn part and pm:eel of 1his indenture. Further the purchaser shall
also be bound by the directions being given by the Ch.ainnan from time ro time in the
interest of the opkl:ep of the buildings and genera) management.
•• 27A. 'It is, specifically agreed between both the parties if any structural defect deVelops
within three years in the foundation or within two years in the superstructure from the
date of alIotmen~ the bousing Boan! will rectify the same and its cost. If such defect
develops afu:r the above said periods, it is ror the allottee ro get tha defect rectified at his
cost.
28. It is expressly agreed between the parties herein that the terms and conditiOnJl expressed
implied of1his agreement will be binding of the pun:haser, until a sale deed is executed
by the Vendor infuvour the Purebeser.
29. IN WflNESS WHEREAS the Vendor and the purchaser have signed their hands on the
day,s month and year first above written in the presence ofv..itnesses,
30. At the time of executing the sale deed the Lessee Purobaser shall be bound ro pay the
stamp duty on tha nwl<et value.
85
SCHEDULE
•
..
' All the piece and portion of the .. "."""." Ground/Fm;t/ SecondrThird
No........... " .... in the sub-dislrict of 1R.8... per ................... sanctiooed plan of the
...................... area/colony of the scherne with plinth area measuring ............. 'Grounds .•..•..•••
Sq.tl..........." ...... ofblocks on the ........ " ...... with bounded .. fullows:
North by
East by
South by
West by
(LESSOR I VENDOR)
86
LEASE CUM SALE AGREEMENT
HIRE PURCHASE OF ROW TYPEfrWlN TYPE AND
INDIVIDUAL HOUSES
THIS DEED OF LEAse CUM SALE AGREEMENT executed at .." ... " ..............................this
day of 20 BETWEEN THE TAMIL
NADU HOUSING BOARD, a body corpo_ consUtuled by the Tamil Nadu Housing Board, Act of
1961, herein represented by the Executive Engineer & MmlnistratiVe Officer,
OivisJon. Tamil Nadu HoUSing Board, acting under the authority in writing
granted to him by the Board in this behalf in Its resotution No,120. dated 25,04,81, authorizing him to
sign this fnstrument for and on behalf of the Board having his office at
• hereinafter called fhe LESSORNENDOR which
term shall wherever the context so permits, mean and include his successors In interest and assigns
of the One Part and Thlru Son
offWife of residing at No, hereinafter called the
LESSEE-PURCHASER which term shall wherever the context so permits, mean and include hlslher
heirs, executors, administretors and legal representatives of OTHER PART.
WHEREAS the lESSORNENDOR has sponsored Improvement sdleme under the Tamil
Nadu, Housing Board Act of 1961 for acquiring building sites and erecting building there on consisting
of several houses and selling each house independently and separately under hire purchase system.
WHEREAS in terms of the scheme for the sale of flatlhouse the LESSORNENDOR. wm vest
the land 00 wIlich the buildings oonsisting of houses are put up I<> a Houoing/C<><>peratM> Sociely I<>
be fOrmed by alllIle """"'" of houses/llats in the NeaJCofony and sucI1 Housing Co-operative Society
or Association consisting of all the houselflat owners as membenl shall hold the land Jointly Oil behalf
of Its members to protect their rights, ~, and take over the maintenance of the buildings and
the amenities and benefits to be enjoyed by them in commonisubject to such provided to them
oovenants touching such fOlTTlation of society under the scheme.
WHEREAS the LESSEEIPURCHASER hes 0 _ to o",""y as L..see the house more fully
described In the SChedute hereunder on the terms and conditions set out In the prospectus. and to this
agreement and the insta!ments and to treat him as a purcttasar after the payment of aU the
instalments and the amounts due to and payable under this agreement as tenants in common aJong
with the other purchasers and by forming a Housing Society and the LES~ORNENOOR has agrees to
hand over !he hOuse to the LESSEEIPURCHASER on the terms and conditions hereinafter contained.
1. Until such time as the lessorNendor conveys and transfers the house to the
LesseeIPurchaser as herelnafter stipulated or until such time as the lease is determined by
the lessorNendor as hereinafter (Provide, the Lessee/Purchaser shall remain the tenant of
the Lessor on terms and conditions mentioned and the Lessee shall commence from the date
of this Indenture"
87
th
the amounts to be paid in advance on or before 10 of each month, 1he first of such payment
commencing from the month of for months.
3. It is also expressly agreed between the Parties hereto that at any time the Chairman may in
hjs sole discretion determine the increase of the service charges on account 0( the increase in
expenditure tor the rendering of the service and the service charges $0 fixed under this clause
shall be deemed to have become payable from the date of this indenture and difference
between the service charges already paid by purcf1aser and the increased service charges
payable under this clause shall be paid by the purchaser on demand to the Vendor.
4. The LesseelPurct1aser shall be liable to maintain the house in good and tenantable repeir and
conditions. HelShe shaH be liable to the Tamil Nadu Housing BoaRi for the damages caused
by rough, excessive. other than normal or negligent Use of the house.
5. From the date of taking possassion of the house, the Lease Purchaser shall be liable to pay atl
the rates. taxes, cesses and other out goings payable in respect of trnt property to the
Government State or Central, Corporation of ..........................."and any other local or ather
authority.
6, (a) The Lessee I Purchaser shalt be liable to maintain the house in good and tenantable
repair and condition and shall carry out all repairs structural or otherwise, and shail annually
white wash the house,
(b) The LessorNeodor will Inform the a1iott... of the House regarding !he Iotal number of
allotments made in respect of arealoolony in order to assist the Lessee of the
HouSe$ to form
lhe Co-operelive Housing SocielywiUlin a """""""Ie lime on the receipt of IlUch inlimotion.
(c) Th. L _ shall from the Co-op.,.II"" Housing Soclety along with oth.... members of tho
houses in the ~Iony with such covenants and conditions as are approved by the lessor
in wrillng at the time of forming the bye.Jaws of the said socleIy.
7. The Lessee shaH pay all the charges of electricity for the house direct to the TamB Nadu
Electricity board.
8. The TamP Nadu Housing Board of the Lessor or any authorised representative or employee of
the Lessor duly authorised by the Chairman In that bella" shall be entrlled at all reasonable
times to enter upon the hou$e and to inspect the same from time to time and also to carry out
such additions and alterratlOns of work or works on the premises as may be necessary In Ihe
interest of the up keep the structures and general agemenl until such time a Co-oparative
Soclety Is formed by the ...Ioltees of Ihis scheme or on. the failure of the Lessee or !he Co
operative Society Is nol maintaining the property in good and tenantabie condition.
9, If the Lessees fails to carry out any repairs to!t;e SchedUle mentioned house which in the
opinion of the Chairman of the Lessor are necessary. or if the lessee fails to pay, any taxes or
other dues, which under the terms of this indenture the Lessee is bound ~ pay the Lessor
may carry out such repairs or make such payments on behalf of the and recover the amount
$0 incurred or paid from the lessee. Such repairs, shall be effected only after a notK.:e in
writing 1s glve to lhelLosee by the Lessor and on the Lessee Commillng default for one week
in complying with such notice.
10, The Lessee shall pay intel"$st at % per annum to the Lessor on any payments made
on behalf of Lessee pay the Lessor and which under the terms of this Indenture the Lessee is
bound to pay and also on any arrears of renl and service charges which might be
88
due and outstanding by the Lessee without prejudice to other
remedies open to the Lessor:
11, The Lessee shalf not assign sublet/or part with the possession of the whole or any part of the
schedule mentioned house without the prior written permission of the Lessor only if they are
transferred out of city,
12, The Lessee shaJi not make any additions or alterations to the schedule mentioned below,
13. The Lessee shall not use the schedule mentioned house directly or indirectly for any purposes
exeept for the purpose of hislher own residence.
14. In the evenl of the Lessee paying the cost of the land and house within the period of this
Lease the Lessor wi. execute the sale deed in respect of the schedule mentioned house,
subject to the conditions that the Lesser shall not aUenate the property to anyone else for five
years from the date of taking possession, and afso subject to the condition that the
alioHeeliessae is a member of the respective Co-operative Housing Society or Association of
area colony and such Co-operaUve Society should take over
the entire maintenance and other commoo amenities enjoyed by the lessee.
15, The Lessee shall pay all stamp registraUon and other expenses incidental to the safe of the
schedule mentioned house prevl:'IHlng on the date such charges: are incurred. If such charges
are in excess of payments already made, the excess will be made good by the
Lessee/Purchaser.
16, In case the LesseelPurchaser defaults In paying any of the amount begain before provided on
the dates fixed for payment the LessorNendOr may determine the Lease and on such
determlnatton the Les8eelPurchaser shall surrender the house.. The Lease Purchaser shall
also pay toterest on such outstanding amount at % per annum to be calculated. from the date
of when 'hey fall due for payment.
17, In 08.$8 the Lessee/Purchase dies after the House is handed over to himlher and after paying
the ,monthly Installments and other dues regularly to the Tamil Nadu Houslng Board. the
LessorNendor may in its optIon permit the tmnsfer of the benefH u.n.der this scheme In favour
on the legal helr, after obtalnilig an undertaking in writing from himlher that helshe will not
save as hereinaft6l" provided transfer the benefit under the scheme or otherwlse or any
interest therein by way of lease or otherwise to any person other than the busf or to to Co
_raM Housing Society.
18, The Lessor Vendor offers the house as it is under $Cher'l'l& and It is the express condition of
this agreement that the LesseeJPurchaser agrees 10 take the house as it is with full and
definite knowledge of the nature and condition of the construction of and accommodation and
amenities provided in the house and also !he building of which the house forms a part The
occupation or the house by the Lessee Purchaser wlU be with full knowledge of its nature of
construction and its condition and neither the LesseelPurchaser nor any other person
occupying the said house and daiming through hlmlher any right shall not have any claim for
compensation In any manner whatsoever from the LessorNendor for defects in construction
structural or otherwisa,
i9. if the LessoolPurchaser comits a breaCh of any of the terms and conditions of this Indenture,
the LesSOlNendor shall be entitled but $hall not be bound to determine the Lessee and
agreement for sale without prejudice to the right of the les$OrNendor to recover from the
89
Lessee/Purchaser any loss, Which tile LessorNendor might sustain consequence on the
breach of contract committed by the LesseeIPurchaser.
20. The LessorNendor may but shall not be bound on tile detennination of this indenture for any
breach thereof Qfi the part of tile less:eeIPurchaser sel;1 the house to any other person by
private sale Of by public auction at the option of the LessorNendor and such terms and
conditions as the Chairman of the LessorNendor deems fit and the lesseeIPurchaser wllJ be
liable 10 pay in addition to any amount payable as above mentioned. the difference between
the price of the house herein stlpulated by the LessorNendor and the net price at Which the
house may be sold. If the house is sold at a higher price. the pricelPurchaser shall not be
entitled to the profits.
21. The LesserNendor Shall be entiUed in add~on 10 ItS right 10 d....,,1ne the i.eese-<:I.rn....1e
agreement for sale in !he event of breach by the L.es-.Pu_ of any of the cond.ions
herein contained to recover from the Lesse&-Pu_ any loss wI1Ich the L.essorNendor might
sustaIn consequent of suCh breech.
22. The LesserNendor have a lien on all amounts paid by the Lessee/PurchaSer towards the
purdlase price: of the house for au amount payable to the LasseeNendor under this Indenture
< and fo~ any loss which the LesserNendor may sustain as a tuSutt of any breach by the
LesseeiPurch..... of the 18nm. and cond~. of this indenluro and the L.esserNendor shall be
entitled 10 adjust any such emovnts paid by the Less_ _ against sud1 loss and the
bal"""" alone sucI1adjustment will be refundeblelo the L_ _ _.
23.
Is00_
The LesseeiPurchaser shall not during the predency of this Ieasa and unbl • regular conveyance
by tha LasseeII'UrcI1a subie<! 10 Ihe covenanfll of this agreement from the
l.esserNendor enabling him to become the fun and true owner of the hoU$8 in any manner
wIla!s.,..... assigns transfer for deal _ hislhor rights in favour of lhln:I parties. who are not
parties to thiS agreement The LesaerNendor shall not be bound to recognise any such transfer
for aasignment In favour of third parties. and not _ standing such purported assignment dono
contrav to these conditions, the LesseeIPUfChasef stlaIl oontinue to be liable to the
LesserNendor for all the obligations cootained in this Indentufe.
24, During the Lease-<::Um-sale period the house remains the property of the Tamil Nadu Housing
Boan.1 who shaH be entitled to have a ~a plate kept fIXed on each of the sak1 house or on the
buikflng on which if fonns perl. marking the same as its property or to indicate the same In such
other manner as jt deems fit.
25. In the event of the Tamil Nadu Hous!ng Board beooming entitled to retake pos5Msion of the
schedule mentioned house. it shall be lawful for the Tamil Nadu Housing Board by its
authorised agent or agents to ootEn' Into and open the house or any portion or it which will be in
possession and occupation of the Lassee/purchaser or any other..persons not specfflcally
named herein, for the purpose (if necessary) to break open all locks, gates a~ doors whether
tor trespass or otherwise, and the agent of the Lessee-Putchaser for lhe said purpose. It is
expressly understood and agreed between the patties herein that the Tamil Nadu Housing
Board shaJl be entilted to prooead against the LesseeJPurchaser in ease of hlslher defaUlt for
recovery (If alT6aJs of amounts dUe and payable under this Indentuta and compensatlon if
any, as If it an arrear of Land Revenue under the proViSions of the Act exterior or interior time
being liable to the Lessee/PurChaser.
26. In all matters of doUbt conceming and In respect of this indenture the decisions of the Chairman
of Ihe LessorNendor shall be final and binding on the Le_urchaser. Any cost Incurred by
the LessorNentior the TamH Nadu HOUSing Board with regard to the conatruction of this
90
agreement or 8tff litigation or ~ rwer ft Shalt be borne or paid by the Lessee
seeking the construction of proceeOlI'lg in litigation Of carrying on correspondence.
27, The lesseeIPurchaser shall be bound by the terms and conditions not provided for in this
agreement contemplated in the application form end the rules and regulations prescribed in the
prospectus of this scheme which wilt fonn part and parcel of this Indenturo. Flft1her the
L. .seeIPu_ shall also be bou!1d by the direclion. being given by lhe Chalrmlll1 from Ume
to time in the interest of the up keep of the buHdlng end general management
SCHEDULE
All the piece and portion of the ...." ............. u........ constructed in Survey No•
......................................... ............................... in the SUb-District of ............ 's per ~ed plan of the
................................................................................ ~ of the _ _ plinth ""'" measuring
"".ft
................................. grounds ............................. of ................... Block on the wing bounded as
-:
South by
Easlby
Wcslby
,And the House No........ " .. "".................. " ....." ... on the groundlfirst floor.
in the presence of
witnesses :
1.
2.
91
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98
TAMIL NADU HOUSING BOARD
Circular No.33871ICAJ/88 Dated: 5.5.1988
In the orders issued in the proceedings cited (copy enclosed) the nue of penal interest
was fixed at one paiselper rupee per month (i.e. 12% p.lL) for defiwlted payment of monthly
instalments in all cases. where the penal interest works over more than 12%.
2. It is seen that all the divisiQl)S are charging penal interest at excess rates and in
some cases, at one and half times the regular rate of interest without any written
. authority from the Board's Office.
3. All the Executive Engineer and Administnllive Officers are instructed to strictly
adhere to the instructions conlllined in the proceedings cited and to charge penal
interest at one and half times of 01dinary rate or 12% per annum on defaulted
amounts ofinstalments, whichever is I.... Penal interest shall be worked ont in
re.ms of calender months end oot in temlll of number of days, as already
instructed. Woddng sheets already prepared charging higher rate ofint""",t may
be revised. c.ses were also ~v. already been issuad osed not be
~
reopened.
Sd!- M.S.R.mesh
Chainnan & Managing Director
5.5.88
To
All the Executive Bogin""'" and Administrative Officers are All Executive Engineers.
All Assistant Revenue Officers.
All sections in Board Secretariat.
All Superintending Engineers ofCircle offices.
All officers in Board Secretariat
:: fOlwarded by order::
3d( )
Djvisionai Accountant
99
TAMIL NADU HOUSING BOARD
Circular Memo: P,3/87256187 Daled: [8.1.89
A copy of the G.O. cited is enclosed, AlJ the Executive Engineer and Adminit.'tmlive OffICetS or
City Mofussil Units are requested to adbere to the Govenunent instructions issued in the Government
order cited with immediate effect
1. m Exe. &gr, & Adm. Office.rs are instructf::d to fix the monthly instalment and initial
deposit based on the original cost &om the dale of ready for oceupatioo to reckoo the
number of instalments to which the interest is to be charged as on the date of allotment.
2. The interest for the initial deposit and foe the accrued monthly instalment from the date
of ready for occUpation till tbe,date of allotment may be worked out tnd added to the
original cosl and revised initial deposit and rnontbly i n _ t should be worited 001
for the full period of repayment
3, 1hirdly. balance cost as on today should be arrived at taking into aceount the amount so
far paid and • revised mobthIy instoIm<:Jl. should be fixed for the left over period of
repayment and communicattd in the case of existing a1iotments as no amount paid in
excess should be refunded at any cost.
4, If the monthly instalment paid plus initial deposit paid so far works out more than the •
monthly instalment to be paid based on revised monrhly instalment (item-2) the
balance amoUr'lt in his credit should be adjusted towards future instalments, No refund
in cash should be made.
5. In cases where full cost is paid over and above the revised cost. the excess amount so
paid should be refunded and no interest is permissible for the excess paid of sale deeds
have been issued may be refer to Board.
6. If the full cost is paid out of HBA through their employees by may be consulted before
refunded is made.
7, The Executive Engineer and Adm. Qffict".f$ are further instructed to review the cases of
allotments made with effect from L 1.85 and revise the coot wherever necessary without
waiting for any fonnal request from the allottees and such revision should be
completed before 28.2,89. An illustration is also enclosed for reference.
Sdl~ V.8elvaraj
Olairrnan and Managing Director
To
All the Exe. Engr. & Adm. Officers of city and mofussil units.
I true copy/
(Sd )
Superintendent
[00
ILLUSTRATION
FIGURES ARE ASsUMED
H.I.G.
Period
Existing method
H.P. Cases
lnitial deposit 62,000.00
Monthly Ins[alment 1,668.00
23,19&.00
Superintendent
101
L No. of monthly instalment delaye<l = 24 Nos.
(0 x (0+\)
., = Monthly instalment rate ofinterest.
2
300 x 1668 x 14 x 1
5,8381
100 12
Balance = 1,20,8001
•
Hudeo (13.5%) Board (14%)
Revised monthly instalment 1,00,0001- 20,8001
\,767/- 374/
2,1411
For example
If the allottee bas paid 9 monthly instalments so far at the rate ofRs.2,383/
OUTRIGHT:
Cost paid (x) = Rs.2,02,240.oo
If paid tbrough employer, the employer is to be consulted before the amount is refuoded
to the allottee.
SdI- S. Thinakarajan
Deputy Chief Accounts Officer
/true copy/
Section Officer
102
ILLUSTRATION
FIGURES ARE ASSUMED
H.I.G.
Finn Cost 1,58,000/· (Hudco fund 100000I
Board fund 580001
Initial deposit 62,000/·
Period
Existing method
H.P.C....
(n x (0+1)
= Monthly instalment rate ofinterest.
2
Balance = 1,20,8001
For example
lfthe allottee has paid 9 monthly instahnents so fur.1 the rate ofRs.2,383/
OUTRIGHT:
Cost paid (x) = Rs.2,02,240.00
If paid theough employer, the employer is to be consulted before the amount is refunded
to tbe allottee.
SdI- S.Thinakarajan
Deputy Chief Accounts Officer
Itrue copyl
(Sd )
Section Officer
104
COpy OF:
GOVERNMENT OF TAMILNADU
ABSTRACT
Housing - Tamil Nodu Housing Board - Allotment of f1ats/Houses constructed by Tamil Nodu
Housing Board - Allotment under Government Discretionary Quota - Allotment of surrenderl
cancelled I declined vacancies - Cotlection of interest from the date of ready fur occupation to
the date of actual a1lo1ment - oolen: - issued.
ORDER
2. The Government have received several representations from the allon... that it is not
fair to collect the interest charges from them for the period of belated allotments, as it is
not a .fault of theirs. However as the flatslhouses are constructed by the Tamil Nadu
Housing Board by obtaining loan from other Agencies, especially, the Housing and
urban Development Corporation and as the Board has a commitment to pay the interest
charges on the loan amount obtained from such Agencies, besides payment ofprincipal,
the 'Capitalisation of Interest Charges' cannot be completely dispensed with. If this
request is complied with. the Board wHl 1nclU' a very heavy loss, and the allottees are not
unnecessarily penalised by the 'Capitalisation of Interest Charges' the Government in
consultation with Tamil Nadu Housing Board have considered various measures, TIle
Tamil Nodu Housing Board in its Resolution No.29 dated 29.1.88, have agreed with the
suggestion of the Governm~ to collect the interest from the allottees on the amount of
initial cost and the monthly instalments thai would have been paid from the date of
ready for occupation till the date ofallobnent order.
3. The Government is supersession of all the previous orders on this subject direct that in
respect of Tami) Nadu Housing Board flatslhouses reserved under Government
Discretionary quota and the tlatslhouses surrendered/cancelled etc. and allotment made
from the waiting list., interest at the prevailing market rate should be collected from the
allottees for the period from the date of ready for occupation till ,the date of allotrn!'llt
105
order on 113 or 1/4 of the initial cost as the case may be. Besides, interest at the same
rate on the monthly instalments that would have became due from the date of ready for
occupation till the date of allotment should also be collected at the prevailing market
rate for the said period.
4. This procedure should be adopted in respect of all allotments made on or after 1st
JarIIl!IIY 1985. The Chairperson & MatIlI,ging Director, Tamil Nodu Housing Board is
""Ioeated to issue suitable ins!ructioru; to the sub-<>rdinales, authorities to carry out the
above instructions.
5. The Chaitperson & Managing Director, Tamil Nadu Housing Board is requested that the
new procedure for 'Capitalisation of futerest Charges' should be incorporated in the
advertisements calling for application and in the application funns also.
To
True Copy
Sd( }
Section Officer
106
PROCEEDINGS OF THE MANAGING DIRECTOR, TAMIL NADU HOUSING
BOARD, NANDANAM, MADRAS 35.
In the orders issued in the proceedings cited the rate of penal interest was fixed at one
paise/per rupee per month (i.e.12% p ... ) for defaulted payment of monthly instalment in all
cases, where the penal interest works out to more than 12%. Penal interest shall be worked out
in terms of calender months and not in tezrns of number of days as hither to in vogue. Grace
time was given upto 10th of the month in which the instalmei>t amount is duo. The Boan!
reconsidered the above procedure and has spproved a revised procedure for collecting/charging
penal interest in its Resolution No.6.0S, dated 15.3.1993. In accordance with the Boam'.
Resolution the following instructions are issued.
(I) The penal interest rate is to be fixed at 3% over WId above the scheme rate of interest
and on the amount due bY way of monthly instalment or otherwis..
Example; If the rate ofinterest for theL.lG. Schemes is 16%, the penal interest is 19% (16% +
3%). lfthernteofinterest in 17% for BIG, the penal interest i.20% (17%+ 3%).
(2) The last date for payment of instalment dues witheut attracting penal interest is 15th of
the month in which it falls due instead of 10th of the month.
(3) If the instalment is paid beyond 15th of the month in which it fails due penal interest
should be calculated for the period from first of. the mooth to the date of payment
adopting the applicable penal interest rate
(4) If the penal interest calculated as above is less than Rs.SI- a minimum penal interest of
Rs.5/· will be charged in respact of each delayed payment.
(5) Penal interest shall be worked out being rounded off to the next higher rupee in case of
fractions,
107
(6) The bonus ofpayments ofpenal interest should be on the allotrees and it is their primary
duty to pay the penal intemlt along with the arrears. No separate demands would be
raised for payment ofpenal interest by the Board.
(7) For any default in payment of penal intemlt along wid! the monthly instalment,
additional interest on penal interest shall be charged from the date of payment of
monthly installments Il> the date of remittance of the penal interest at the penal rate of
applicable.
(&) This order will come inll> effect fur all allotments (provisional/firm) made on or after
1.4.93. The exlsIing procedure should be followed for the alIotlees before 313.93.
(9) All the Executive Engineer & Administrntive Officeml Executive Engineers! Allottee
Service MlInager are instruoted Il> mention about the levy of peual interest in all lett"",
of allotment (provisional/firm) setting down aU the above conditions in the body of the
letter ofallotment unambiguously.
SdI· M.KUTRALINGAM
Managing Director
To
II forwarded by order /1
Sd( )
es 30.3.93 DIVISIONAL ACCOUNTANT
108
TAMIL NADU HOUSING BOARD
ill G.O.Ms.No.I666 dated 16.12.88, the Government have ocdered that, in respect of
Tamil Nedu Housing Board flatslhouses reserved under Government Discn1tionary Quota and
the flalslhouses surrendered/cancelled etc. and allotment made from the waiting Ii.~ interest at
the prevailing mariret rate should be collected fi<>m the allott... fur the period from the date of
ready fur occupation, till the date of allotment order on 1/3rd or 114th of the Initial deposit cost
as the case may be; besides, interest at the same cates on the monthly instaImeriflnat l¥J!uld have
become due fi<>m the date of ready fur occupation till the date of allo~hored also be
collected at the provailing for Ibe said period. The Govt. have furt!!er onJereifll)af 'above
proeodure should he adopted in respect of all allo_nts read. on~. ill this
conneetion itis pointed out mad. hy H"using Board under it's 85% quota in the drnwai oflots
and on fin! come first served basis, the cost of the flats I hou,", capitalised on the entin: cost of
the flat I house fi<>m the date of ready fur occupation till date or allotmen~ whereas for the
aUotments made hy the Government under Govt. Disc. Quota/surrender! cancelled etc. the cost
offlat/houses are capitalised with interest on the initial deposit and also on monthly instalmenm
alone by following the two different methods of capitalisation as mentioned shove, the cost of
the flatlhouses .llotted by the Board in the lot under 85% Board quola and on first come'first
served basis is moref whereas it is lesser in the case ofallotment made by the Government under
Gov!. DiSc. Quota/surrender cancelled etc. Thus there is. gxeat discrimination in the cost which l,
is objected 1<> bi the aliottces who bave secured allotment in the lot and on first come first
served basi. under Board quota and several represenlstions bave been received repeatedly by the
Board llom the .Uottecs to remove this discriminalioo. of cost between the allott... of
Government quota and Board Quota.
It is therefore, considored n""""""'Y to bave an unifurm method for all the 311_ in
the capitalisations of the cost ofth. flatlbouse for the vacant period llom the date of ready for
occupation, till the date of allotment. in order to avoid discrimination between the allottees .~f
same scheme area.
When the houses/flats are not allotted the Board has to maintain them. This will meTe"".
the maintenance cost
If not allotted for yean; together, special repairs are to be carried out. Again this wi II
increase the cost. Hence quick disposal is necessary, Instead of capitalisation of interest on full
eost, ifit is done on Initial deposil and Monthly instalment, there will be some concession and
this in tum will reduce the selling price to that extent.
UnaUoUed buildings are exposed themselves to the vagaries of weather conditions
during sutomer or winter. Hence depreciation has to be charged on buildings (not on land).
Instead ofcluuging depreciation~ capitalisation of interest on full cost, is added. Ifcapitalisation
is charged on initial deposit and monthly instalment then there will be some justification.
109
Ifbuildinll" are allotted under hire purebase system, income would have COme by way of
initial deposit and monlhly instalment only. If allotted at a later date, the loss will only the
interest on these two elements. Therefore, cl!arging of interest on initial deposit and monthly
illStalment only i. justifiable.
Further buildings will remain imallolt<:d (other !han Govt. Disc. Quota) due to lesser
demand or no demand at all. Under such circumstances, to sell the house/flats is a difficult task.
Ifhouseslflats are not sold, the capital of the BoIll11 is locked up without adequate realisation of
revenue. When there is no demand at the original selling price, further capitalisation of interest
on full cost fur vacant perind will increase the selling price. Again this will effect adversely the
sale ofhouseslflats. On the olher hand, ifcapitalisation ofinterest on initial deposit and monthly
instalment i. done, this will red""" the selling price to certain extent.
In order to get quick disposal of unallotted buildings, it has been considered that the
concession now given to Government Discredonary Quota AllotteesiGovemment Servant
A1lottees (under A & B Certificates) in respect of capitalisation of interest as per
G.OMs.No.l666, Housing and Urban Development Department dated 16.12.88 may be
extanded to general public and other categories also.
The above proposal was placed before the BoIll11 in its Meeting held on 26.6.95 for
taking a decision.
The Board in its Resolution No.9.03 dated 26.6.95 has decided 10 extend the conceasion
of collection of interest on the Initial deposit and Monthly instahnent for the case of .11
allotment made undar BoIIl11'. Quota also.
In p\IISUllnCC of the almve BoIIl11 Resolution, it is ordered that the cost of the flatlhouse
for the vacant perind should be capitalised by charging interest on Initial deposil and Monthly
instahnents alone for all the allotments mad. undar BoIIl11's Quota also as per the guidelines
given in G.O.No.1666 dated 16.12.88 wilh effect ftom_2~ (i.e. date ofBolll11 Resolution).
The receipt of this Circular Memo may be acknowledgod at once.
SdJ- V.Vlswa.athan
Managing Director.
To
I Forwarded by orderl
Sd ( )
Superintendent
110
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114
TAMIL NADU HOUSING BOARD
My dear Mari.ppan,
Sub: Tamil Nadu Housing Board Allotment - K.K.Nagar Division - lilG Flat No.T-7
at Luz Scheme - CalcuWion of penal interert adopted fur delayal payment of
monlhIy instalments - Objection by aIIottees - Subject plaead befure the Board
for decision on revised procadure - Board Resolution fotwardad - Necessary
follow up action - Reg.
A Copy of the approvad Note for the Board with resolution is enclesad. (Copy anne.ad).
You are requested to follow the Board's Resolution with immediate effect and issue circular
'instructions 10 your allotment stall:
Yours sincerely.
Sd( )
(P.A.SOMANATH)
To
Copy to
liS
ITEM NO
7/2003
TAMIL NADU HOUSING BOARD
NOTE FOR THE BOARD
Sub Tamil Nadu Housing Board - Allotment K.K.Nagar Division IflG Fllll
No.T-7 at Luz Scheme - Calculation of penal interest adopted for
delayed payment of mOlllbly instalments - Objection by allottee. - Matter
placed before the Board for decision on revised procedure Reg.
(Allot. 1(6)13589112003)
**••
IflG flat No.T-7 in the Luz scheme was allotted to Thiru K.Palanisamy on 10.1.96 at a
tentative cost of Rs.9,93,3001-. The initial deposit fur the above flat at 40"10 of the tentative cost
at Rs.3,97,4001- was collected and the montbly instalment was fixed fur the balance amount of
Rs.5,95,9001- at Rs.9,2ool- p.m. at 17% interest spread over a period of 15 yearn (180 month.).
For the belated period ofmontbly instaImenll!, penal interest of3% over and above the scheme
tate of interest bas been charged as per LCS agreement The allottee bas defaulted the payment
of monthly instalments on the due dates for various instaImenll! amounting to a total default
period of 4 72 months and the penal interest bas been worked out and informed as.
116
3. Other method of working is also made fur thi, particular case for working out the
peoal interest by adopting the diminishing balance for fNery month and calculating penal
interest for the principal outstanding as on particular month and with this method the peoal
interest works out to Rs.15,889/- as per the enclosed sta!=lent-JI (upta August 2003).
Of the 3 !)pes of calculation of the penal in_ mentioned above, the lim method of
calculating penal in_ is receiving cri1icism staling that Tamil Nadu Housing Board is
cbarging in_ on inrerest. In the second method, the principal amount in the monthly
instalment alone is taken into aooount fur cbarging penal interest @ 3% over the roling rate of
interest fur the belated payment ofEMls as the intereot bas already been booked in the EM!.
The third method is practically not possible as it involves laborious calculation. It is also
disadvantageous to the Board while comparing the seoood method. The second method may
therefore be recornmeaded fur taking ttl Boazd for adoption in deviation from the method one
presently adopted.
The shove matter is plru:ed before the Board fur taking a decision for fullowing in
future. We may also infunn that the above concession, in cbarging ofpenal interest should not
be extended to the a1lottees who have already oblained the sale deed and benee no refund should
be entertained.
SURJIT K.CHAUDHARY
18.7.2003
MANAGING DIRECTOR
"Approved"
(froeCopyl
Sd( )
Section Officer
"7
TAMIL NADU HOUSiNG BOARD
K.K.NAGAR DIVISION
PLOT NO.T-7. LUZ PENAL INTEREST CHARGES AT 20%
Feb 00 5
,
Mar 00 6
,
Apr 00 I 3
I May 00
IunOO
],,
9,12.00 18400 8
7
~.. lui 00
Aug 00
6,6.01 36800 12
II
""--~~-----
,
SepOO 10
OetOO 9 ,
, Nov 00 10.12.01 101200 14
Dec 00 13.
,
JanOI .. 12
i Feb 01 • 11
~Ol
, ,,
, 10
Apr 01 , I 9
,I MayOI i 8
'--- ...
Jun 01
I 7
i i
lui 01 =t~.--~ 6 ,
Aug 01 I, 5
SepOI .
I, 4
OetOl 24.6.02 21600 , 9 ,,
.. .. i,
,
~
Nov 01 8
l-
Dec 01
I-.-~ ..
Ian 02
...
15.1.02 36800
I
~-
I 7
7
I
6
, 5
LA y
, ..
pr02
M
+~
,
4
a 02
I un 02
,i
-.--~--
28.10,02
..
27600
I
, I
I
6
5
f,--.:J ul02 4
,,
A ug02.
ep02 I-.
16.12.02
242.Q3
..
~-
.-.
9200
9600
I, I
5
6 ...~
1J9
Oct 02 9.6.03 9600 9
Nov 02 31.7.03 9
Dec 02 8
Jan 03 7
Feb 03 6
Mar 03 5
Apr 03 4
May 03 3
Jun03 27.6.03 37200 2
Jul03 I
TOTAL 792400 3900 472
•
,..
120
TAMIL NADU HOUSING BOARD
K.K.NAGAR DIVISION
PLOT NO.T·7,LUZ PENAL INTEREST CHARGES AT 20%
Allot PN·T·7
121
PERIOD MONTHLY BIFURCATION OF
INTEREST PENAL BALANCE
INTEREST
INTEREST FOR PRINCIPLE
MONTHLY INl'EREST
RS.92001PN
1 2 3 4 5 6 7
Oct 98 9200 7994 1206 101 564342 1206
Nov 98 9200 7977 1223 122 563136 1223
Dec 98 9200 7960 1240 124 561913 1240
Jan 99 9200 7942 1258 105 560673 1258
Feb 99 9200 7924 1276 106 559415 1276
Mar 99 9200 7906 1294 108 558139 1294
Apr 99 9200 7888 1312 109 556845 1312
May 99 9200 7869 1331 89 555533 1331
Jun99 9200 7850 1350 113 554202 1350
Jul99 9200 7831 1369 91 552852 1369
Aug 99 9200 7812 1388 162 551483 1388
Sep99 9200 7792 1409 141 550095 1409
Oct 99 9200 7752 1448 119 548687 1448
Nov 99 9200 7731 1469 172 547239 1469
Dec 99 9200 7713 1487 174 545770 1487
Jan 00 9200 7690 1510 151 544283 1510
Feb 00 9200 7668 1532 179 542773 1532
Mar 00 9200 7646 1554 156 541241 1554
Apr 00 9200 7624 1576 132 539687 1576
May 00 9200 7602 1598 107 538111 1598
JunOO 9200 7579 1621 241 536513 1621
JulOO 9200 7557 1643 219 534892 1643
Aug 00 9200 7533 1667 361 533249 1667
SepOO 9200 7510 1690 338 531582 1690
Ocl00 9200 7486 1714 314 529892 1714
Nov 00 9200 7461 1739 290 528178 1739
[)eeoo 9200 7437 1763 441 526439 1763
Jan 01 9200 7412 1788 417 524676 1788
Feb 01 9200 7386 1814 393 522888 1814
Mar 01 9200 7361 1839 368 521074 1839
ApfOI 9200 7335 1865 342 519235 1865
May 01 9200 7308 1892 315 517370 1892
JunOI 9200 7282 1918 288 515478 1918
JulOI 9200 7254 1946 260 513560 1946
Aug 01 9200 7227 1973 231 511614 1973
Sep 01 9200 7197 2003 200 509641 2003
r Oct 01 9200 7170· 2030 170 507638 2030
Nov 01 9200 7142 2058 344 505608 2058
De<: 01 9200 7113 2087 313 503550 2087
Jan 02 9200 7083 2117 283 501463 2117
Feb 02 9200 7053 2147 286 499346 2147
122
PEruOl> MONTHLY BIFURCATION OF
INTEREST PENAL BALANCE
INTEREST
INTEREST~ PRINCIPLE
MONTIlLY INTEREST
RS.92OO/I'N
1 2 3 4 5 6 7
Mar 02 9200 7023 2177 254 497199 2177
Apr 02 9200 6992 2209 221 495.022 22.09
May 02 9200 6960 224.0 187 492814 2240
Jun02 9200 692.0 228.0 265 490574 228.0
Ju102 9200 6897 2303 231 488294 23.03
Aug .02 9200 6864 2336 198 285991 2336
Sep.o2 9200 6831 2369 237 483655 2369
Oct 02 9200 6797 24.03 281 481286 2403
Nov 02 9200 6764 2436 406 478883 2436
Dee 02 9200 6729 2471 421 476447 2471
Jan 03 9200 6694 2506 376 47)976 2506
Feb .03 9200 6658 2542 339 47147.0 2542
Mar 03 9200 6622 2578 3.01 468928 2578
Apr03 9200 6586 2614 262 46635.0 2614
May 03 9200 6549 2651 221 363736 2651
Jun03 9200 6511 2689 18.0 461.085 2689
Jul.o3 9200 6473 2727 137 4583% 2727
Aug 03 9200 6434 2766 93 455669 2766
4529.03
123
WORKING SHEET METHOD-II
W. 3,97,400
Balance 5,95,900
12
124
~~ ell'iluu- "'..... ~ 2 (2) /25534..,/2000
!f>""" 20.4.2000
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128
ITEM NO.9.0S
1012001
TAMIL NAI)U HOUSING BOARD
Sub: Tamil nadu Housing Board, Insurance of properties sold to allottees on Hire
purchase • recent tremore noticed in Tamil nadu -Necessity to cover the risk of
earthqnske • insertion of clause in the Allotment order and Lease-Cum-sale
Agreement - Board note submitted.
(File No.Allot 2(2)159624/2001)
The Tamil Nadu Housing Board is availing loan ass~ce from various housing
finance institutions Iili: Hudco, National Housing Bank. L.1.C., Housing FiruIDce Ud. lO.B.
Canara Bank, HDFC ete., fur implementation of housing schemes for various categories of
people in Tamil Nadu.
For availing loan assistance from the above said Housing Financial Institutions. Tamil
Nadu Houaing Board is furnishing security as either.
I. State Government Guar.mtee or
2. Mortgage ofScheme properties
Wherever the security is 'covered by mortgage of scbeme properties, the Tamil Nadu
Housing Board is insuring the houses/flats against usual risks such as frre, lightning, explOsion,
riots, strike, tetrorism storm. flood, inundation and earthquake with anyone of the Nationalised
insurance companies,
The insurance policy is usually taken in the joint name of Tamil Nadu Housing Board
and the concerned H.F.rs as per their terms and conditions ofthe loan agreement. The insunmce
is being paid annually and the inSUI1!l1OO policy is being renewed every year till the repayment of
loan is coropleted which varies from to III 15 years from the stage of eonstruetion of
superstructure till completion of repayment. The annual premium charged is at the rate of
Rs,O,6O!~ per R.s..l,OOOI- and CQst insured is 80% of the construction cost for which loan was
obteined,
Actually~ the insurance policy originally taken for each scheme was renewed
subsequently every year will the scheduled date of completion of repayment of loan I.e. 10115
years period. In case of belated allotment of units, the repayment period for hire purchase units
may extend beyond the scheduled date of completion of repayment period. In such cases, the
properties covered by mortgage will not have any insurance cover against above said risks for
the extended period ofrepayment by the allott....
Further, the Tamil Nadu Housing Board is not insuring the properties which are covered
under the security of Government Guarantee for repayment of loan to Housing Finance
Institution.
In case of natural calamities such as earthquake stonn. flood, etc. the Board's properties
left without insurance covet. Against the above risks in those c.asc.s mentioned above may lead
to financial implication for nIDabilitation ofthe affected allottees.
129
To avoid the above .consequences. and also &om tremors which were noticed recently in
Tamil nad. also, it is desirable that the following clause may be incorporated in the Allotment
order aod also in the Lease-<:um-sale Agreement ""ccuted betweeo Tamil Nadu Housing Board
and allottee. ''The allottee should make necessary own arrangement for insuring hislher dwelling
unit allotted by Tamil Nadu Housing Board with any of the subsidiaries of the
Nationalised/General lnsUIllllCC Oxjloration of India in the joint name of Tamil Nadu Housing
Board aod the allottee. The allottee should lodge the original policy covering the entire
repayment period to the concerned DivisiontHousing Unit of Tamil Nadu Housing Board at the
time ofexecution of Lease-<:um-Sale Agreement, "before haoding over afthe HouseIFlat".
The proposal abeve is placed befure the Board for approval.
K.N.VENKATRAMANAN
1.10.2001
Managing Director
A.Nagarajan
Chairman
/I True Extract /I
Sd( )
Section Officer
....
130
ITEM NO.9.0l/ 1196
TAMIL NADU HOUSING BOARD
NOTE FOR THE BOARD
131
When such a fund is created, when the society is fonned, as per the agreemenl and roles
the maintenance of the flats will be entrusted with society along with this fimd so that the
maintenance could be continue without any deficiency in service.
Sd/- xxx
19,1.96
Chainnan
"Board resolved to approve the proposal 10 create • capital fund from conlribution
received wm Allottees at the rate as mentioned Board Note for the maintenance of
FJ.lsIHouses COllS1ructed by the Board so as 10 be IrIlnSferred 10 the society along with
maintenance worlc at • later date, subject to the conditions that i) the amounts should be
expended only towanls capital expenditure oed il) the creation of funds should be in respect of
future schemes on!y' ,
SdI· NJIALAGANGA
Chairman, TNHB
(True Extract)
Sd( )
SUPERWIENDENT
132
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133
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136
DOUBLE ALLOTMENT CASES
Tn respect of peroons who are ineligible 10 secure a1loUTIent from TNHB and who have
manipulated 10 secure TNHB allotments by suppressing !be fact of !beir owning propetty
already either in their names or in !be name of spouseslminor children, !be inrmediate casuality
shan be cancellation ofallotment (2"" allotment) with forfeiture of !be Initial Deposit amount. Tn
addition !be following amount shall be collected from them.
A) Tn respect of flalsIhouses interest charges for the 3/4" cost from the date of ready for
occupation tin the date ofcanceHalion.
C) In the double allotment cases ifthe allottee/spouse had obtained sale deed already fur the
2'" a1JoUTIent then !be 1" allotment should be cancelled.
137
TAMIL NADU HOUSING BOARD
Circular Memo No.AJlot.2(5)1949&12002 Dated: 19.6.2002
It is brought to the notice of the Board that certain allottee. are entering into illegal and
irregular dealings with third parties which i. in violatioo of the relevant cilwse of lease-<:um
Sale Agreement entered into by the allottee with the Board. In an instant case the third party bas
filed a suit against the Board fur issue of sale deed in his fuvour and it has caused an
embamlsing situation as the Board do not bave any knowledge about the dealings bad by the
allottee with the third party. However to defund the case, to safu-guard Board's inrerest the
Board has incurred unnecessary legal expenses in this regard,
All the Executive Engineer & Adm. Office(s are requested to arknowledge the receipt
of this circular.
. SdI- S.Sivasbanmugaraja
For Managing Director, TNHB
To
/I forwarded by order /I
Sd( )
SECTION OFFICER
138
CHANGE OF FLATIHOUSEIPLOT
The Managing Director, Tamil Nadu Housing Board can penni! change of plotlflai1
house from out of the plotlflatlhouse remaining unallotted for want of demand on g<:Illline
request made by the allottee.
\
(G.O.Ms.No.1624, Housing Dated 31,10,1987) /
(GovtLr.No.2239I/K2183-1 dated 14.06.1983),
• The Superintending Engin..... oonc<.ned of Board Cmoles are also pennittod to give
\ change offlatlbouse ifthe request of the a1lottees are genuine./
, J
(Office older 4189 dated 05.05.1989)
In view of income range fixed by the Govt fur eligibility to get an allotment fur various
categories, a person ooming under a particular category cannot be given change of
house/flatlplot under another category.
If the allottee requires change of flatlhouse after obtaining the A & B Certiflaates, they
should get the NOC from the loan sanctioning authority to consider their request fur change of
Ilatlbouse.
139
TAMIL NADU HOUSING BOARD
A meeting of Technical Director, Chief Bogineers and Secretary and Personnel Officer
was convened by the Chairman and Managing Director and the following decisions were
arrived at to stIeamline the administrative proeedures of the Tamil Nadu HousingBoIUd.
The Circle offices are important nerve-centres in the administration of the Board.
1berefore the main consideration borne in mind while taking these decisions is strengthening
the present content of the Cirele offices and keeping this in view the foIlowing orders are issued.
I. TRANSFERS AND POSTINGS
The Superintending Eoginee!1! of the Circles are empowered to effect transfem and
postings of personnel right from the level of the Assistant Executive engineers on the t""hnicai
side; Divisional Accountant on the Accounts side and Superintendenfs on the non technica1 side
and down below:
Above the level of the Assistant Executive Engineerl!lDivisional Accountants and
Superintendents transfers and postings shall be done by the BoanI. At the level of Assistant
Executive BogineerslDivisional AccountantslSuperintendents and down below, if inter-o;"'le
transfers are warranted, these shall be done by the BolUd through ChiefEoginee!1!.
II. SANCTION OF EARNED LEAVE AND INCREMENTS
Sanction ofBxrued Leave and increment shall be done by the SUperintending Engineers
in respect of Assistant Executive EogineerslDivisional Accountants and Superinterxtants. Down
below the level of Assislllnt Ex""utivc EogineerslDivisional Accountants I Superintendents
sanction ofEamed Leave and increm.ents wHl be done by the Executive Engineers under whom
the stalTare working.
IlL DISCIPLINARY PROCEEDINGS
Superintending Engineers!Executive Eogineers are empowered to initiate disciplinary
proceedings under 37(.) of Semcc Regulations. Superintending Engineers can initiate
disciplinary section under 37(a) of Service Regulation against Assialanl Executive
EngineernlDivisional Accountants/Superintendents. The Executive Engineers are empowered to
mitiate disciplLnary action under 37(.) of Service Regulation against the staff down below the
level of Assistant' Executive EngineerlDivisional AccountantslSuperintendents working under
them. These disciplinary proceedings initiated by the Superintending EogineerslEogineers viz.
framing of charge, getting explanation conducting enquiry if necesaary and so on shall be finn
by the Superintending EogineerslExecutive Engineers and to the Board fur passing ardors. Such
ruports will copy of the original charge memo, exptanation and the Superintending
EngineerslExf£.utive Engineers, The Executive Engineers initiated disciplinary action under of
Service Regulation they will ruports 10 the through their Superintending Bogineers. Wherever
action has to be taken under 37(b) of 8eMce Regulation Superintending 'Engineers wiU report
to the ofsuch cased and the Board will initiate action under ofService Regulation,
140
In respect of all technical personnel files whether the aclion is initiated under 37(b) in
the Boan! office itself or reports received from the Superintendent EngineernlExecutive
Engineers for final disposal such be handled by the concerned Chief Engineers at the Boan!
Secretariat and send to the Chairman Ii< Managing Director the Technical Director and
Secretary and Personnel passing tinal oroers.
IV. LAND ACQUISITION :
Approval of No Objeclion Certificate and of funds to the Land Acquisition Offi""", for
paYments compensation and enhan<:ed compensation ordered by the shall slop with Secretary
and Pe_nnel Officer. Except of N.O.C. all other _ involving financial committee be
done in consultation with Financial Adviser. In all mattm. the present pnoctice will oontinue. In
all the acquisition matters wherever the Executive Engineer as involved, the Executive
Engineers shall send their reply the Board through the Superintending Engineers.
V. LEGAL
In legal section all the mattm dealt with sent to the Chairman and Managing Director
and the practice shall continue.
VL ALLOTMENT CO-ORDINATlON:
The existing procedure shall continue exeo;ution of N.O.C. for oonstruction of houses.
change of house/flats which are now delegated to the concerned Superintending Engineer.
Name transfer of allotment including of the he done by the Secretary and Perronnel
Officer. Allottee relating to rental fiots, public' quota allotment will he upto the level of
Chairman & Managing Director.
Clarification on routine existing Government and procedures, circulan; and so on will
stop with and Personnel Officer. In exlrllordinary eases. there Jrom allotment rules or resolutions
of the Board is such files will be sent upto the level ofChairman and Managing Director..
vIL ACCOUNTS:
In account section, the present practice may continue with some changes in the sanction
of House Building Advance. All H.BA files are not submitted to the Chalnnan and Managing
Director for sanction. Every year funds are earmarl<ed for ILS-A. in the Budget and the list of
persons acooJ<ling to the seniority is fmalised with the approval of Chairman and Manoging
Director. The H,BA will continue to be maintained by Head Office.
VIIL AU'DIT
The ChiefRcvenue Officer win do revenue audit every year.
The officers concerned are requested to adhere to the above instructions without- fail.
The above orders win take immediate effect.
141
HOUSING & u.n. (Kl) DEPT
From
Thiru V.N.Srlrangan B.A. B.L.,
Deputy Secretary to Government Lr.No.77941ICI189-1
Dated: 1L5.89
To
Sir,
Sub Housing - Tanril Nadu Housing Board - Allotment of MIG House No.44
at K.arur Neighbourhood Scheme - Position - Clarified.
I am directed to invite your attention in the references cited. In view oCthe income range
fixed by the Government in the G.O. first cited, I am to clarify that a person ooming under the
.. HlG cannot be allotted a house under MIG.
2. Separate orders will he issued with reference to para 3 ofthe letter seoond cited.
Yours faithfully,
Sd ( )
For Deputy Secretary to ('.ovL
142
jlilSIiIJ6II@ 06L..~ 6lImi1wti>
~ l!bIIIIuu._.... W. 4(2315(86 J§II'ir' 5.8.88
II ...,_uu,,> <!'l9lluuuu@.£I~ II
(51'" )
~~_UUIT6lTft.
143
FlXATiON OF COST FOR ANY CHANGE OF PLOT
In pursuance of the G.O.Ms.No.1679 dated 6.1 1.1987 the Boan! in its Resolution No.15,
dated 30.3.1988 bas resolved that in future when a change of plot is allotted, the sale price to be
collected ror the land will be at the rare fixed ror the year wben the cbange ofallotment is ruade
by the Government. In lhe case of plots where the extent of plot allotted subsequently is higher
than the extent of the old plot, the price for the excess extent should be collected at the current
rate fIXed fur the year by the Bean! ftom time to time.
In the above G.O. the Government have also observed that the cost of the old plot will
be capitalized till the dare of its reallotment and collected fu>m the new allottee at the time of
allotment and as such there will be no loss to the Board, if the cost is fixed fur thecbange ofplot
at the rate ofprevailed for original year ofold allotment, hence in such cases the amount paid by
the allottee for the old allotment can be transferred.
..
144
Copy of:
TAMIL NADU HOUSING BOARD
In partial modification of the orders issued in the reference second ci!<d, the following
revised guidelines are issued ror effi:cting name transfer ofproperty befure issuing sale deeds as
per the reference third cired.
In future it is hereby ord<:red to allow name transfer between the diIect blood relations as
iodicated below:
1. Father
1. Mother
3. Husband
4. Wife
5. Son
6. Daughter
Further in case of death the transfer will be ef!ected to the SUl'Viving legal heirs with the
conse!lt of others. Also in exceptional cases, where married sons and daughters are no more,
transfer ean be mOOe to eligible grand children after due verification.
The above transfer is subject to production of
I. Relationship certificate issued by the Local Tahsidar.
2. Legal heir certificate (incase ofdeath) issued by the Local Tashiklllr.
3. Death certificate from Local Authorities in case of death.
4. Consent letter from all the Legal heirs.
5. Incomecertifica!e ofthe transferee.
6. Declaration of non-possession of any house in any Municipal Corporation,
Special and A grade Municipalities or in any of the capital town in the oountIy
by both transferrer and transferee (if both are "Iivelor in the names of the spouse
or minor ehildren.
7. Affidavit in stamp per against future claim.
Therefore, all the Executive Engineer & Adnm, Officers are requested to follow the
above revised guideHnes and submit the proposals along with the proforma for transfer of
allotment and connected main file. Executive Engineer and Adminislrative Officers ate further
advissd that only after processing the proposal thoroughly it should be sent to Board along with
all the relevant original certificates from Revenue OfficiaisiOfficiais of Local bodies to avoid
returning the proposal for fernishing further details.
145
II TRUE COpy II
TAMIL NADU HOUSING BOARD
In continuation to the office oeder in the reference 4th cited, the Executive Engineering
and Allottee service Manager are requested to adhere to the following instruction when
approving name trsnsfer in death cases:
To
Copy to : SF/SC.
II Forwarded by oeder II
Sd ( .)
SUFERJNTENDENT
146
TAMIL NADUHOUSING BOARD
Sub: TNHB - Co-<>rdination - Allofment of Built house/flat - change from one unit to
another given based on the request of allottee - Fixation of east - Transfer of
amount already paid - Guidelines issued.
In the Board's Circular dated 4.7.88 in the reference 1st cited. the fOllowing guidelines
were issued regarding fixation of oost for change of plot a and when change of plot given to the
allottee in lieu of the plot eadier given to him:
When a change of plot is given, the sale price to be collected fOr the change of plot will
be at the rnIe fixed for the original yesr ofold allotment and not the land price as fixed for the
yesr wbeit the change ofallOlment ofplot is made.
When the extent of change of plot allotted subsequently in lieu of original allotment is
higber than the extent of the old plo~ the price for the excess extent alone would be collected at
current lUling rate fixed for the yesr by the Board from time to time.
The cost of the old plot will be capitalised till the date of re-allotment and collected from
the new allottee at the time ofallotment and as such there will be no loss to the Boan:!. If the it is
fixed for the change ofplot at the rate prevailed for original yesr of old allotment. Therefore, the
amount paid by a allottee for the earlier plot bas to be transferred to the aeeount of the new plot
without any deductions.
Where as in respect of built units of houses/flats there are no specific geidelines to be
followed whenever change of house/tlat given based on the request ofallottee, Therefore with a
view evolve a unifi:>nn procedure to be followed in respect of built units, the matter was placed
before the Boan:!. The Board in its resolution No.9.0l dated 27.7.95 ha approved the guidelines
proposed in the Board's Note after dcotiled discussion, for option in the case of allotment of
built hoases/ flats in amalogy to the guidelines fi:>Uowed in the case ofplot allotments.
Based on the above Board Resolution, the following guidelines are issued for adoption
in respect of built units (houses/tlats):
I. When the change of house/flat is given to the aUottee in the same scheme and is of the
same type with same size in plinth are a and also the same year ofconstruction as that of
the earlier house/flat originally allotted to him,the cost of change of house/flat of new
.1I01ment will be collected at the same old rate fixed for the first allofment without any
capitalisation of cost Since the old houseltIa't will be allotted to the new allottee after
capitalisation of cost and lIS such there will be no loss to the Tamil Nadu Housing
board, the amount paid by the allottee lbr the earlier allotment will be- lransferred to the
accoWlt ofnew allotment without any deductions.
2. When the change of house/flat given 10 the allottee in the same scheme or another
scheme happens to be of variatIon in type de..<;ign, plinth area, cost, year of construction,
date of ready for occupation etc.) and when the cost of change of house/flat is higher
than the cost of the first allotment, then the cost for change of house/flat of new
allotment will be collected as follows:
147
a, Cost of the earlier house/flat allotted to him.
h. In addition to (a) above, differeru:e of amount between the firm cost approved
for earlier allotment and the firm cost approved fur new allotment (given by
change) will be capitaUsed from the date of ready for occupation of the new
allotment or from the date of falling vacant till date of issue of orders. Further,
the amount padi by the allottee for the earlier allotment will be tnmsferred to the
account of new allotment without any deduction, sin<:e the old houseIflat will he
allotted to the new allottee after capillilisation ofcost and as such there will be
no loss to the Tamil Nadu Housing Board.
3. Whenever the chenge of bouse/flat is ordered before the allottee hBs taken over
possession of the first allotmen~ the amount paid lbr the old allotm~ can be
transferred to the new allotment without any deduction, since the cost ofold house/flat
will be capitalised and allotted to the new allottees and there will be no loss to the
Board.
4, Whenever the change of house/flat is ordered after the allottee hBs takm over possession
of the first allo1nlen~ the 'Boan:! ,bas to collect interest charges on the full cost of the
house/flat wlUch hBs in IUs possession from the date of allotment the date of surrender
(or) economic rent for this occupation wlUchever is IUgher. Only after deducting the
interest (or) economic rent .. said,above, the balance amo~ if will be transfum:d and
credited to the account of the new llliotment.
The above gnidelines will come into force w.e.f. 27.7.95 the date ofBoan:! Resolution.
AU the Allottee semce Manager!Executive Engineer & officer of City
DivisionsIMotfusil Units are instructed to fullow the above gnidelines strictly.
The receipt ofBoard's Circular may be aclatowledged.
Sdl~ V.Viswanathan t
For Managing Director
" 1be Allottee Service Managern, &
The Exe, Engineer & Admn. Officern of
Divisions & Moffusil Units.
/I Forwarded by order II
SUPERINTENDENT
148
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151
In supersession of all the previous instructions issued regarding issue of sale deed the following
instructions are issued
152
CONDITION SALE DEED FOR THE PURPOSE OF RAISING LOAN FOR
CONSTRUCfION:
153
9, Photo identification need not be insisted from the allottees,
A prominent Board indicating the requirement to be furnished by the allottee and the
person to whom they should meet for sale deed ete,. should be placed in a conspieuous place in
the office in Tamil and English.
RELEASE DEED
AI; and when the allottee asks for the Sale Deed even before completion of five years
period stipulated in the LeS Agreement. the Tamil Nede Housing Board is issuing the Sale
deed with a coadition that if the allottee wants to sell the plotlflallbouse within three years from
the date of execution ofsale deed by the ''Tamil Nadu Housing Board, such plotlflatlboese shall
be resold to the Housing Board,
AI; soon .. the condition period stipulated in the eoaditional sale deed is over if the
allottee approaches the Housing Board fur releasing the condition, the release deed may be
issued in the Model fonn ofRelesse deed and lotler enelosed herewith,
Ref: Board's Resolution No,12, dated 30,08,1982
G,O.Ms, No,1315 Housing dated- 20,08.1987
Board Merno. No,P312497018S dated 28,12.1987,
154
COPY OF:
TAMIL NADU HOUSING BOARD
Memo, No, P3/24970/8S Dated: 28.12,87
Sub: Housing - TNHB • Issue of sale deed as payment of full cost in respect of TNHB
f1at&Iplotsihouses - proposal ofTNHB· approval- orders -Issued,
Ref. G,O, Ms,No,1315, dated 20.8,87 Hg. & D.D, Dept., Fort SI. Georgey
MadIas 9,
A copy of the above G.o, is communicated to all Executive Engineer' & Ad, Officer's of
City Divisions and Molfusil Units, They are "'luested to implement the orders of the
Government with regard to flats only,
sdN.RETIDNASAMY.
fur CHAIRMAN
To:
:TRUECOPY:
SECTION OFFICER
COPY OF:
TAMIL NADU HOUSING BOAJU)
Memo, No, P3/24970/85 Dated: 26,2,88
Sub: Issued of sale deed in respect ofplots allotted by TNHB - orders issued
A copy of the above G,O, Ms. No, 1315, dated 20,8,87 is communicated to aU Executive
Engineer' & Administmtive Officer.; of City and Molfusil Units for taking necessary action.
Regarding plots, the sale deed can be executed only after the completion ofbuilding on tbe plOL
sdJxxx
for CHAIRMAN & MANAGING DIRECTOR
To:
All the Executive Engineer & Ad, Officer's
ofCity Divisions & Units.
: TRUE COPY :
SECTION OFFICER
15':'
COPY OF:
GOVERNMENT OF TAMIL NAn
ABSTRACf
Housing - Tamil NOOu Housing Board - Issue of sale deed on payment of Iuh _ _ _
TNHB's ploWflalsihouses - Proposal of TNHB - Approved - oroers -Issued.
ORDER,
A=rding 10 the existing allotment rules of the Tamil NOOu Housing'Board, the sale
deed in respect ofplotlflats/house is executed after 5 years fiom the date ofallotment 10 avoid of
allotment by way of resale immediately after getting the .llolment. However, the proposal for
executing sale deed immediately on payment of final cost, without waiting fur five years, has
been examined in detail by the Tamil NOOu Housing Board to reduce the workload of the Tamil
NOOu Housing Board. The Board in ils resolution No. 12. dated 30.8.82. accorded ils approval
for the proposal to executive the sale deed in respect of houses/flats fur which finn price has
been fixed and full payment has been made witheut waiting fur the five years time to lapse.
2. The Government after careful consideration accept the proposals ofthe Qutinnan, Tamil
Nadu Housing Board 2 and requested Board 10 implement the decession in respect of
allolmenls of plols, a1llO by the TNHB with the following terms and conditions:
L IN RESPECf OF PLOT
a. If the .Uotlee wanfl! to sell the plot within tinee years fiom the date ofexecution
of the sale deed by the Tamil NOOu Housing Board. such plot shall be re-sold
only to the TNHB at the same price as indicated in the sale-deOO. executed,
b. The allottee shall take action immediately to conslruct a building on the plot and
shall complete it in all respects within eighteen months or atleast within three
years and as per the approved plan by the local planning authorities concerned.
c. The allottee shall produce the demand for the quit rent or groand rentlproperty
tax issued by the locaJ authorities concerned, ;md
d. At the time of requisition for execution of sale deed he shall produoe the ahove
receipts issued for payment made towards the fuB cost for the plot with interest
penal interest etc.
e. Failure '" fulfill the above conditions, will be a right on the TNHB '" resume the
plots from the aUotment concerned at the price iruhcated in the sale deed
156
executed by the Board after giving due notiee for the propose resumption of the
plot and hearing the representation in this regard by Ihe allottee concerned,
n. IN RESPECf OF FLATSIHOUSES
.. Where finn prices have been fixed by the Tamil Housing Board lUld full
payment has been mode by the aIIotee to the Board can execute the sale deed in
favour of the allott... without waiting for five years from the dale of allotment
aubjecl to the condition that if the allottee wonts to sell the fletlhouse within
three years from the date of execution of sale deed by the Tamil Nodu Housing
Board, such f1atihouse should be resold only to Tamil Nodu Housing Board,
b. The allottee shall at the time of requisition execution of sale deed produce the
due Il:C<liptB issued the Tamil Nadu Housing Board fur the payments mode to the
full cost for the flatlbouse with interestlpenal interest elc,
c. The allottee sball produce the demand(s) for psyment of property tax issued by
the local aurborities coneemed ar the receipts fur psymem of the property tax
made to the local authorities concerned.
3. The Cbainruul, Tamil Nadu Housing Board is to incorporate the above terms 8!ld
conditio"" referred in pam 2 above.in the allotment orders 8!ld ieage..cum
agreement.
N.SRINlVASAN,
DEPUTY SECRETARY TO GOVERNMENT
To
Copy to: xx xx
:TRUECOPY:
SECTION OFFICER
157
TAMIL NADU HOUSING BOARD
Circular Memo NO.P2II4673/95 Dated: 14.3.95
Sub: Tamil Nodu Housing Board - Issue of sale deed - Insistence of No Due
Certificate from the Residents Association at the time of issue of sale Deed- No
deed to insist NCC hereafter orders issued.
Ref: Board's Cin:ular memo No.P2I5825/86. dated 31.10.91.
In the Board's Cin:ular Memo dated 31.10.91 in the rererence cited, orders have been
issued that the flat alIottecs of the Housing Board should obtain and produce No Due Certificate
from the Resideots AssociationlSociety at the time ofissue ofsale deed.
Due to insistalce of the condition that the lIa! allottees sho1lld obtain NOC for the
Residents Association and produce it to the DivisionlUnit office of the Tamil Nodu Housing
Board at the time ofissue of sale Deed, lbe alIottees are expericing undue hardship and lbey are
being harnssed uonecessarily. Further. comptaints have been received from many alIottees
informing that though lbey have paid their maintenance charges upto date, the
President/Secretary of lb. Resideots Association are refusing/delaying for giving NOC on
personal reasons.
Therefore it has now been decided to withdraw the condition insisting the allottee to
produce NOC from Residents Association/Society fur getting the sale Deed.
Therefore it is hereby ordered that the No Objection Certificate from the residents
Association in respect of m.aintenance charges need not be insisted from the flat alIottees at the
time of issue of sale Deed hereafter.
The above orders shall take immediate effect. The receipt of this Circular memo should
be acknowledged at once.
.d!- V.VlSWANATHAN,
Managing Director
To
All !he Executive Engineers!
Executive Engineer & Admn. Officers!
Allottee Service Managers of
City Division and Moffusil Units,
P.C. ToChiefEngineer(CZ)
P.C. To Chief Engineer (MZ)
P .C, To ChiefEngineer (TNUDP), Madras - 35,
Ifo!Warded by orderl
SUPERINTENDENT
158
TAMIL NADU HOUSING BOARD
Circular Memo No.PII2I408/96 Dated: 26.8.%
Sub: Tamil Nodu Housing Board - Co-ordination Allotment of PlotIPlot with
BuildinglFJat - Raising of loan - Issue of No Objection CertifiCllle I A & B
Certificates - Obtaining No Objection Certificate from the concerned financial
institution/employer - Instruction issued.
Ref: Board's memo No.P2/5825186, dated 14.3.90.
In the reference cited certain instructions were issued on the procedures to bc followed
fur the issue ofsale deed.
One among them is to get "No Objection Certificate' from the a1toUees conoorned to
whom 'A' and'S' certificates have been issued to obtain Housing loan. Still many clarifications
are sought fur from many Divisions! Units. Therefure the fullowing specific guidelines are
issued:,
When a allotment of PlotIPlot with buildinl¥Flat is allotted by the Board, the allottee
represents f<>r issue of No Objection Certificate or A & B Certificates from Tamil Nodu
HOUSing Board to raise Housing loan from the respective employer or thmugh any recognised
financial institution. Accordingly they are issned with the above. eertificate after observing lhe
formalities. After lapse of rew years or clearing the Housing loan, the allottee approaches the
Board fur issue of sale deed from the allotment made to thenL AI this juncture lhe a1_ are
_ to obtain No Objection Certificate from the eraployer or f<>rancial institution where they
have obtained Housing loan. The question of obtaining the No Oqjection Certificate before
issue of sale-deed was examined.
In otder to keep the loan sanctioning authority know about the issue of sale deed by
Housing Board to their borrower (allottee) and to avoid any unpleasant things in future, it is
considered necessmy to obtain No Oqjection Certificate from lhe loan" sanctioned authority
before issue ofsale deed.
In the circumstances explained above, all the Allottee Service Managers! Executive
Engineer & Adm. ollic"",', Executive Engineer!;' are therefore odvised to ask the allottees to
obtain No Objection Certificate from their Employers or financial institution to whose favour
No Objection Certificate or A & B Certificates have been issned by the Tamil Nodu Housing
Board, before issue ofsale deed.
Receipt of this circular should be acknowledged at once.
II Forwarded by order II
S.UPERlNTENDENT
159
TAMIL NADU HOUSING BOARD
Ref: I. G.o, Ms.No.1315, Housing & Urban J)ev, Dept., Dated 20,8,87.
2. G.O, Mo.No, 465, Housing & Urban Dev. (fIB 4(2) Dept., dated 4.12,98,
•
The Government in G.O. Ms. No,465, Housing and Urban Development [HB4(2)]
Department, dated 4.12.98 (GO Copy annexed) having delicted the following conditions
stipulated in para 2 of the G.O. Ms. No,1315, Housing and Urban Development Department
dated 20.8.87. (G.O copy annexed).
"If the aJlottees wants to ..11 the plot within three yeaIll from theda'" ofexeculion of the
,.Ie deed by the Tamil Nadu Housing Board such plot shall be resold only to the Tamil N.du
Housing Board at the same price as indicated in the sale deed execoted".
"!fthe allottee warn. to ,ell the Fla!lHouse within three Years from the date execution of
sale deed by the Tamil Nadu Housing Board, such FlatIHouse should be resold only to Tamil
Nadu Housing Board".
Copies of G.O. Ms,No. 1315, Housing and Urban Development Department dated
20.8.87 and G.O. Ms. No.465, Housing & Urban Development [HB4(2)] Department, dB1ed
4.12.98 are enclosed. The Executive Engineer & Adm. Officen;'1 Allottee Service Managers' of
City Divisions and Mofussil Units are requested to take neeessary further action based on the
above G,OS and also requested to acknowledge the receipt of the Government orders along with
!hi, memo by return ofthe post.
SdI- D.RAA.lANDIRAN
For Managing Director
To
All Executive Engineer & Adm. Officer,
Allottee Service Managers'of
City Divisions!
Mofussil Units.
/I Forwarded: by order II
SUPERINTENDENT
160
Copy of
GOVERNMENT OF TAMIL NADU
ABSTRAcr
Housing - Tamil Nodu Housing Board - condition regarding selling ofPlotslFlalslHouses after
the issue ofSale Deed - lmposed Cancellation - Ordered.
ORDER:
In the Government Order first read above, Government approved the propOsal of Tamil
Nodu Housing Board to execute the Sale Deed in reepect of HouseslFlatsIPlols fur which firm
cost has been fixed and full payment has been made without waiting fur 5 years time to lapse
with certain terms and conditions to avoid misuse of allotment by way of resale immediately
after getting the allotment One of the oonditioDS prescribed in the said Government order is that
if the allottee wants to sell the PlotlFlaflHouse within 3 years lTom the date ofexecutioo of the
sale deed by the Tamil Nodu Housing Board, such PlotslPhttsIHouses shall be n:oold only to the
Tamil Nodu H<>using Board at the price as indicated in the Sale Deed.
2. In the reference second read above, the Managing Director, Tamil Nodu Housing
Board has stated that based ont he Judgemeot of the High Court in a case, the
board in its Resolution No.9.94, dated 28.2.97 has resolved to delete the
condition mentioned in para 1 above so fur as the sale of the PlotsIFlatsIHouses
are concerned and approached the Government fur orders.
3. The Govemment after careful consideration accept the proposal of the Managing
Din:ctor, Tamil Nodu Housing Board and accordingly direct that the following
conditions stipulated in para 2 of the Government order first read above. be
deleted:
"If the allottee wanls to sell the plot within three Years lTom the date of execulion of the
sale deed by the Tamil Nadu Housing Board such Plot shall be resold only to the Tamil Nodu
Housing Board at the same price as indicated in the sale deed executed".
'fIf the allottee wants to sell the FlatIHouse within three Years from the date ofexecution
of sale deed by the Tamil Nadu Housing &ard~ such flatlhouse should be resold only to Tamil
Nadu Housing Board".
I fj f .
4. The Managing Director, Tamil Nadu Housing Board is ll£COTdingly requested to
make suitable alteration in the allotment onlers and Jease.eum-sale agreement
Copy 10
The Managing Director,
Tamil Nadu Slum Clearnnee Board, Chennai - 5.
II True copy /I
SUPERINTENDENT
162
Copy of:
GOVERNMENT OF TAMIL NADU
ABSTRACT
Housing. Tamil Nadu Housing Board • Issue of sale deed on payment of full cost in respect of
TNHB's plots / fiats / houses - Proposal ofTNHB - Approved - Orders - Issued,
According to the existing allotment rules of the Tamil Nadu Housing Board, the sale
deed in respect of plot/fiat</house is execured after 5 yearn from the date of allotment to avoid
misuse of allotment by way of resale immediately after getting the allotment However, the
proposal fur execuiing sale deed immediately on payment of fioal oost, without waiting for five
yearn, has been examined in detail by the Tamil Nadu Housing Board to reduce the workload of
the Tamil Nadu Housing Bean!. The Boan! in its resolution No.l2, dated 30,8,82, acwrded its
approval for the proposal to execute the sale deed in respect of houses/flats for which firm price
has been fixed and full payment has been made without waiting fur the five yearn time to lapse,
2, The Government after careful oonsideration accept the proposal, of the Chairman, Tamil
Nadu Housing Board and request the Board to implement the decision in respect of
allotments ofplots, also by the TNHB with the fonowing terms and cooditions:
a. If the allottee wants to seU the pJot within three years from the date of execution
of the sale deed by the Tamil Nadu Housing Board, such plot shai! be re-sold
only to the 1NHB at the same price as indicated in the sale-deed executed.
b. The allottee shall take action immediately to construct a building on the plot and
shall complete it in aU respects within eighteen months or at1east within three
years and as per the approved plan by the local planning authorities concerned,
Tbe allottee shall produce the demand for the qUit rent or ground rent/property
tax issued by the local authorities concerned, an~
d. At the time ofrequisition for execution of sale deed he shall produce the above
receipts issued for payment made towards the fun cost for the plot with interest
pena! interest etc.
e. Failure to fulfill the above conditions, will have a right on the TNHB to resume
the plots from the allottee concerned at the price, indicated in the sale deed
executed by the Board after giving due notice for the proposed resumption of the
plot and ~earing the representation in this regard by the allottee concerned.
163
II. IN RESPECT OF FLATSIHOUSES
a. Where finn prices have been lixed by the Tamil Nadu Housing Boon! and full
payment has been made by the allottee to the Board can execute the sale deed in
favour of the allottees without waiting for five years from the date of allotment
subject to the condition that if the allottee wants to sell the flatlhouse within
three years from the date of executinn of sale deed by tha Tamil Nadu Housing
Board, such flatlhouse should be resold only to Tamil Nadu Housing Board.
b. The allo\tl:e shall at the time ofn:quisition for execution of sale deed produce the
due receipts issued by the Tamil Nadu Housing Board for the payments made
towards tbe full cost for the Ilatlhouse with interest/penal interest etc.
c. The allo\tl:e shall produce the demami(s) for the payment of propeny tax issued
by the local authorities concerned or the receipts fOr payment of the property tax
made to the local authorities concerned.
3. The Chairman, Tamil Nadu Housing Board is requested to incorporate the above
•• terms and conditions refurred in para 2 above in the allotment orders and lease
cum-sale agreement.
N.SRlNIVASAN,
DEPlITY SECRETARY TO GOVERNMTh'T
To
Copy to: xx xx
: TRUE COPY :
Sd( )
SECTION OFFICER
164
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166
TAMIL NADU HOUSING BOARD
'Ilu: sale deeds fur the plotsihouseslfIats allotted by Tamil Nedu Housing Board are
being issued on payment of full coSt In some ...... the alloltees due 10 their disability or due to
other eircumstan<;es. nominate power of attorney 10 receive the sale deeds, In such cases. the
sale deeds are sigoed in the name of the allottee and handed over to the power of attorney based
on 'Board's CirouJar No,P2t5825!86 dated 14,3.90, Cer:Wn amendments were issued in the
Registration Act vide notification in the Gowrnment Gozettee dated 7,11.2000 wherein it bas
been notified as fullows;
"In the case of a document fur sale of property. the signature and addition of every
p....,n admitting the, claim nnder such document, and such claim bas been admitted by the
representative, assign or agent of any penon, the signature and addition of such representative,
assign or agent",
'Ilu: Registrar vide cirouJar NO.20241El/99 dated 23.3,2001 stated that this amendment
comes inlo foree from 14.4.2001.
The Legal Adviser. Tamil Nedu Housing Board's opinion was sought in order to ma)<e
necessary changes in the draft sale deed issued by the Board with regard to the above said
notification, The Legal Adviser in his opinion dated 2.8.2001 bas stated that the power agent of
allottee should also sign in the sale deed before the authorities concern,
Then the matter was placed before the Board and on approval of the Board vide Board's
Resolution No,9,Q4, dated 30.10.2001. CirouJar No, A2(5)!39868/2001 dated 4.11.2001 was
issued requiring both the allottee and his power agent to sign the sale deed for registration.
In the ease of the Plot No.II/4, at K.K. Nagar Scheme fur the issue of sale deed
aceording to the Board's CirouJar No,A2(5)3986812001 dated 4,11.2001. the signature of the
allottee and his power agent was obtained in the draft sale deed. But it was returned by the Sub
Registrar. Ashok Nagar. sin<:e the allottee and his power agent have both signed in the sale deed,
So, the allottee represented by his power agent Thiru GSriramachandrudu filed a case in High
Court WP No,3260212002 and the High Court in its orders dated 25J.1.2002 has ordered that.
"Considering the facis and circumstances, suffice it to perutit the allottee to satisfy the
respondents· Board as to the genuineness of the power of attorney executed by the allottee in
favour of the power agent and if the Board is satisfied with regard to the genuineness of the
deed of power of attorney. the respondents are directed to complete the registration of the sale
deed in favour of the allottee, permitting the power agent to sign the sale deed at the time of
registration,
But according to the Board circular both the allottee and power agent have to sign the
sale deed.
The High Court orders regarding the Plot No, 11/4 KK.Nagar scheme was implemented
by issuing 'orders to the Executive EngineerlKK.Nagar DIvision vide Memo
No,A1I39868/2001 dated 22.1.2003,
16'1
Hence, necessary amendment has tn be made in the Board's Circular
No.A2(5)139&6812001 dated 4.11.2001 as per the direction of the High Court tn issue sale deed
in favour of the allottee pennitting the power agent to sign the sale deed at the time of
registration on behalf of the allottee afier verification by the Executive Engineet1Manager
(Marketing & Service) regarding the genuineness ofthe registered deed ofpower ofattorney.
The above subject was plaeed before the Board during the Board Meeting held on
5.3.03. The Board has defuned the subject and resolved vide Resolution No.9.0J dated 5.3.03 as
follows.
"The Board deferred this matter and wanted this issue to be consulted with CMDA for
forming wrifurm guidelines!!,
As per the resolution., the CMDA was addressed to furnisb the prevailing guidelines in
CMDAregarding issue of Sale Deed to Power ofAttorney holder.
The CMDA in letter No. K211273012000 dated 20.3.03 infonned the Board that the Sale
Deed in respect of perishables marleet at Koyambedu Whole Sale Mamot complex is being
issued in the name of AIIotteelPurchaser. The Power of Attnmey may sign in the document on
behalf of the A1lotteelPurchaser and may receive the sarce from the Office of the Registrar of
Documents.
Therefore wberever the sale deed bas to be issued to the Power of Attnrney, the sale
document will contain the fonowing words;
"Purebaser represented by Power of Attorney Thiru _ _ _ _ _ _ _ _ = S/o,
W/o. aged about _._ yerIli residing a1
SURJIT K.CIlAUDHARI
MANAGING DIRECTOR
"Approved"
sdI- Lal Rawna Sailo,
CbainnanlTNHB
: TRUE COPY ,
SECTION OFFICER
168
TAMIL NADU HOUSING BOARD
My dear Marriappan,
A Copy of the approved Note for the Board is enclosed. (Copy annexed) You are
requested to follow the Board's Resolution with inunediate effect and also inform the allottee
lOr whom option bas been given. . .
Yours sincerely,
Sd( )
(SURJIT K. CHAUDHARy)
To
169
ITEM N0.9.03
TAMIL NADU HOUSING BOARD
NOTE FOR THE BOARD
Sub: TNHB· Allotment· Enhanced Compensation cases . Pending in Court •
Fixation of final cost based on Highest Compensation as option for tboo.
desirous of obtaining sale deed • Not charging penal interest as in the case of
regular cost finalized schemes - Subject plaeed before the Board.
(AHot n.7/33569/03)
SURJIT K.CHAUDHARY
24"6.03
MANAGING DIRECTOR
" APPROVED OJ
Sd/ La' Rawna Saito,
Chajnnani T'ffiB
II TRUE COPY II
SUPEBlNTENDE~'T
170
COpy OF ITEM NO. 6.02
If!99!
TAMIL NADU HOUSING BOARD
Sub: Land Cost linallsation - Cost finalisation during pendency of Court cases
Provision towards expected liability considering the implication of Section 28(3)
of Land Acquisition Act - Approval ofprocodures.
(S2/57748/89)
The Board may be aware that for implementing the mOllS schemes of Land
Acquisition and Development, most of tha requisite lands are obtained under the Land
by !he Ex-Land 0_
Acquisition Act 1894 fiom !be private land own....
While the pbysieal possession i. taken and schemes implemented, the Court cases field
go on fur yeaIS togt:ther, maIOng it very difficult to work out the cost of
land acquired. The pending cases seeking Higher Compensation by Ex-own... of appeal by
Land Acquisition Olli<:er/TNHB to get !be Enbanoed Compensation awarded by lower coUI1s
reduced, stand in the way of wodcing out the amount of actual land cost payable. Moreover !he
provisions of section 28(A) of!he Land Acquisition (AmendmentAot 1984, has provided anew
twist to the entire proceedings, as 1his section gives further recourae to the Ex-owners to appeal
for award of higher compensation based on a higher amount awarded by the Court for 8llyofthe
lands covered by !be same 4(1) notification. This relief is available to the Ex-owners.
irrespective ofthe filet whether 18(1) refurence was made earlier or not.
In the meantime many alIottees ofschemes, which have been completed long time hack,
are demanding issue of sale deeds and are wi1tiog to paying the higher cost ifdemanded by the
TNHB. In order to satisfY the ""luirement of the allott..., whose grievances are genuine it was
considered.
a. Whether TNHB could finalise the land cost by making necessary provisions
towards the Enbaneed Compensation liability on pending cases.
b. Whether such a step, would affect the pending Land Acquisition cases in so far
higher compensation bas been taken iniD acoount already in finalizing the cost.
The ahove matter was referred to TNHB's Legal Advisers Tv1. SDorasamy,S.
Regunathen and the Government Advocate Thiru J. Venugopal for their opinion and
interpretation of the provision ofsection 28(a} of land acquisition Act.
Regarding claiming the higher land cost from the aliottees based on a fullm: liability, the
legal Advise.. opened that his could be done "Without pr«judice to the panding Land
Acquisition cases'" Moreover TNHB would be undertaking to refund the excess amount
collected fiom the alIottees, in case of any reduction in actu.aI liability at the time of final
disposal ofall cases under Land Acquisition Act and also such payment of the higher land cost
is to be mede optional on the part of the allottee... If any allottee desires to wait till all cases are
disposed off, he is free to do so and there would be no compUlsion to pay the difference now.
SInce there are number of aUottees who are eager to obtain the deeds after paying the
final cost, TNHB's cash flows may also improve. A part of money already paid by the way of
Enhanced (Compensation Court Deposits could now be realized.
171
On the basis of the opinions expressed by the Legal Adviser is interpreting the Section
28(8) ofLand Acquisition Act 1984 it is also proposed to provide for the future liabifity towanls
land acquisition cost, by Wdng the highest rate of Enhanced Compensation awarded to
demanded by any one of the Ex-<JWllers and uniformly applying the for .11 lands covered in the
same notification. This would effi;ctively prevent any loss that TNHB migbt sustain on account
ofreferences under Section 28(A).
The Board is nOW requested to consider the above matter and approve of the fullowing
L Land cost for pending schemes where the Development works have been •
completed and where the Land Acquisition cases have reached the appeal stages
may be finalized adopting the procedure outlined above.
2. The! the allot tees may be informed of the llu:.t that the land cost has been
finaIizOO without prejudice to the pending land acquisition cases and in case of
any reduction in actual liabilities at the time of final dispoaal of all cases
necessary refunds would be made to them.
3. That the present demand fur payment of different in land is only optional and if
the allot tees so desire may wait till discharge or all cases and detennination of
final cost thereafter by TNHB.
4. Refunds due if any on account of finalisation of land cost aft... the disposal of
land acquisition eases, would be made only to original allottee if helshe
continues to be the owners at the time of iinalisation and after production of
necessary evidence to the above.
5. The Board may also consider and decide as to.
i. Whether all the allot tees of a particular seberne can be infunned about
the final cost and aslred to exercise the option to payor not
(or)
n. Whether the above procedure may be adopted only fur allot tees who
approach, TNHB seeking determination final cost and issue of sale
deeds.
P.V.RAJARAMAN I.A.S.,
10.1.91
CHAlRMAN & MANAGING DIRECTOR
L Land cost for pending scbeme where the Development works have been completed and
where the Jand acquisition cases have reached the appeal stages may be finalized
adopting the procedure outlined above•
•
2. That the allot tees may be infonned of the llu:.t that the land cost has been finalized
without prejudice to the pending land acquisition cases and in case of at'Iy reduction in
actual liability at the time of final disposal ofall coses llOCess&y refunds would be made
to them.
172
3. That the present demand fur payment of diflCrence in land cost is only optional and if
the ailottees so desire may wait till disposal of all cases and determination of final cost
thereafter by TNHB.
4, Refunds due if any on account of finalisation of land cost after the disposal of land
acquisition cases would be made only to the original allot tees if he/she continues to be
the owner at the time of finalisation and after production of necessary evidence to the
above.
5. All the allot tees of a particular scheme can he informed about the final cost and asked to
exercise their option to pay or not.
6. No interest will he paid on the excess amount paid by the a1lottees .t the time ofrefund,
P.V.RA.lARAMAN LA.S.,
CHAIRMAN & MANAGING DIRECTOR
II TRUE COPY II
[73
COpy OF:
Sub: TNHB - Anna Nagar circle - Special Division - I, Nolambur, Phaae -I-land and
development cost - finafuation - Reg.
ORDER
The Ex•. Engr, & Admn.. Officer, Special Division - 1 bas forwarded the proposal for
the linalisation of land and development cost for Nolrunbur, Phase - I scheme. The pricing
conunittee bas examined the proposal and resolved to fix the final land and development cost
iOr Nolambur, Phase • I scheme.
The pricing committee bas now approved the fum land cost for ordiruny residential plots
at Rs. 1,99,0001. per grotUld aa on 31.3.96 and Ibis amount is applicable only to those allottees
to whom allo1ment were made upro 1989·90. For allotments made from 1990·91 to 1995-96,
•
- the rate per ground is given in the statement enclosed and this rate is inclusive of aU costs and
Ibis amount is payable by them as on 31.3.96.
For apecial plots and conunercial plots etc., final cost should be worked out in
accordance with the rules in force.
.. The Exe. Eng. & Admn. Officer, Special Division • I, Madras should inlimn all the
A1lottccs of the scheme in the fonnat enclosed regarding the amount payable by them.
The Allottees may be requested to remit the difference in cost within a period of two
months, without interest. beyond which interest @ 18% p.a should be collected in addition.
The aUottees may also be allowed to remit the difference in land and development cost
payable by them in equated monthly instalments over a period of5 years by adopting interest @
18% p ... The Ex.. Engr. & Admn. Officer, apecial Division· I is requested not to alter or
modify the layout without the approval of the Board. The convertion of tbe non-saleable items
into the saleable should be done only with concurrence of the Board.
The Exe. Engr. & Admn. Officer, Special Division- I, Madras is instructed that the
expenditure for development of this scheme should not exceed the cost as furnished in the
Statement enclosed.
The Break up details ofland and development cost of Rs. 1,99,0001· p.g as on 31.3.96
are as foHows;~
174
Land Acquwition Rs. 67,690
Development Ro.99,200
Interest Ro.32,110
~--------
Ro.l,99,OOO
.d!- M.Satbiyamoortbl
Managing Director
To
1/ TRUE COPY /I
DIVISION ACCOUNTANT
]75
COpy OF
STATEMENT
1,239.56
BREAK UP DETAILS
Sd/ S.Swamiuathan
Cost Accountant
1/ TRUE COPY /1
DIVISIONAL ACCOUNTANf
176
TAMIL NADU HOUSING BOARD 493, Arma Salai
Nandanam
Chennai 600 035
~Off2434 0266
Sub: Tamil Nadu Housing Board - Allotment ofPWts ~ Issue of &ale Deed - Relaxation of
condit jon with reference to the OOnstn.l(.:tion of a house in the plot - Orders lssued
Reg.
Ref: 1. G.O.Ms.No. 1315, Housing&: Uiban Development Depanment daterl 20.8.1987.
2. Board's Memo NO.P2I5825186 daterlI4.3.90
3. G.O. Mo.No. 465, Housing &: Urban Development (HB4-2)Depanment dated
4.12.1998.
4. Board', Memo No.AlloI2(2)15825186 dated 12.12.98
5. Brnml's Res.No3.03 dated 29.9.99
6. G.O.(D) No. 298, Housing &: Urban Development (HB 5(1) Department dated
25.9.03.
7. Govt. Letter No. 376781HB5(1)120OQ·3 dated 25.9.03.
A copy of the Government Order 6* cited and the Government letter 7111 cited are enclosed
(Copies annexed)
1n supersession of the previous instruetions issued vide Board's Memo 2nd cited regarding he
issue of sale deed for plots, the following revised instructions are issued.
The condition issued in Para No. 2~I(b) in G.OMs. No.1315, HOUSing & Urban Development
Department dated 20.8.87 that "the allottee shall ~ action immediately to oonstruet a building on
the Plot and shall complete it in all respects within eighteen months (or) atleast within three years as
per the approved plan by the Local Planning Authorities ooneemed" has been ordered to be deleted
henceforth vide G.O.(D) 298, Housing &: Uiban Development (HB 5(1) Department dated 25.9.03.
and eonsequently the instructions issued for the issue of absolute sale deed for the plots vide Board's
Memo No.P2I5825186 dated 14.3.90 that "should have constructed a residential tcmlCed building
with plinth area of not less than 350 sq.f.t or 1/4U1 of the plot area whieh ever is less after getting
approval of the building plan" is also withdrawn forthWith,
All the Executive Engineer & Adnm. Officers and the Managers (Marketing & Service) of
Tamil Nadu Housmg Board are instructed to follow the revised mstructions in future for the issue of
sale deed ro aU the categories of plots without insisting on the construction ofbuHding.
The receipt of the circular along with its enclosure should be acknowledged by return of post.
To
I" AD the Executive Engineer & Adnm. Officers of Tamil Nadu Housing Board.
2. AU the Manager (Marketing & Services) of Tamil Nadu Housing Board
3. All Head of Departments of Tamil Nadu Housing Board
4. All the Superintending Engineer of Tamil Nadu Housing Board Copy submitted to
II FORWARDED II BY ORDER If
SECT[ON OFFICER
177
COPY OF
• From
To
Sir,
Sub: Tamil Nadu Housing· Alloiment of Plots • Issue of Sale deed to the vacant plots
- Relaxation of the condition with reference to the completion ofconstruction of
Houses· Reg.
I am directed to enclose a copy of the Government order """""" cited, wb"";" ord"",
have been issued deleting the condition thet "the allottee shall take action immediately to
_ construet a building on the plot and shall complete it in all respect within three years as per the
approved plan by local planning authorities".
Yours Faithfully,
SdI-xxxx
For Secretary to Government
II TRUE COPY II
SECTION OFFICER
178
Copy of the G.O. (D) No.298 dated 25.9.03
Tamil Nadu Housing BOIHd - Allotment of plots - Issue of sale deed for vacant plots ~ Relaxation of the
condition with reference to the oompletion construction of house Orders ~ Issued.
Read again:
G.O. Ms.N" 1315, Housing & Urban Developmeot Department dated 20.8.1987.
Read Also
From the ManagIng 01......,.., Tamil N.du Housing Board leiter No.A1Iotment
1(4)1_ dated 2.9.2003.
ORDERS:
fu para 2(b) of the Oovenunent order tiM read above. among the other terms and conditions
stipulated for allotment of plots. it has been ordered that the allenee shall take action immediately to
construct a building on the plot ~ shall complete it in all respects within eighteen months (or at least
within three years as per the approved piau by the Local Planning Authorities concerned.
2. The demand for the plots at present is v<l)' low aod thousand, of plots remain unsold. If the
existing condition mentioned in Para - 1 regarding the completion of construction of house on
the a.IJot.red plots is relaxed. for issue of Sale Deed to all the categories of plots. the Tamil Nadu
Housing Board will be benefited aod sale, will be promo<ed to the nwtimum extent.
3. In oroe.. to alleri"'" the problems faced by the Tamil Nod. Housing Board wilh reference to
many unsold plots which cu.rb$ the revenue of it, the Managmg Director, Tamil Noon Housing
board hII' sent necessary proposals to delete the condition issued in pam 2(b) of the
Government order cited.
4. The Government after careful consideration accept the proposal of the Managing DirectQr.
Tamil Nedu Housing Board and dired !hat the eondition issued in para 2 (b) of G.OMs.
No. 1315. Housing and Urban Development Department. dated 20.8.1987 that "the allottee shall
take action immediately to construct a building on the plOt and shall complete it in all respect
within eighteen mooths (or) atl<ast within three years as per the approved piau by the Local
Plaoni.g authorities" shall be _ hIIncefonh.
LAL RAWNASAILO
SECREfARYTC GOVERNMENT
To
The Chairman Tamil Nadu Housing Board. Nandanam. Chenoai ~ 35.
The Chainnan. Tamil Nedu Sturn Cleanmce Board. Chen.ai - 5.
The Member Secretary, OIerulal Metropolitan Development Authority, Chennai - 8.
The Registrar of Cooperative Societies (Housing), Adyar. Otennai - 20.
The Finance Department. Otetmai - 9.
The cr & RE Department. Chennai - 9.
ST/SC
IITRlJECOPY II
SECJ10N OFFICER
179
JOINT ALLOTMENT
All the allotments made by the Board (plot/flatihouses) and by the Government sbould
be made jointly in the name of husband imd wife fore both Hire purchase schemes and outright
purcluises schemes. No allotment should be made in lilvour of individual and all the
applications should apply in joint name. To compute eligibility on the basis of income, both
income sball be considered.
Boan! Resolution No. 47 dated 30,09.88 G.O.Ms. No. 115, Honsing dated 29.01.87)
The Board in its Resolution No.47 dated 30.09.1988 has approved t1:e proposal to make
allotment jointly in the name ofHusband and Wire in all future cases. Accordingly orders were
issued vide Board'. Memo. NO.P3/4708/88 dated 24.10.1990 that all future allotments should be
made jointly in favour ofhusband and wire.
180
TAMIL NADU HOUSING BOARD
Memo 0..0. No'p3/4708188 Dated 24. 10.90
Sub: Tamil Nadu Housing BOOId - Development and Welfure • Joint title to Husband
and Wife in distribution ofland and house sites -lnstructiollS issued· Regarding.
The BOOId in its Resolution No.47, dated 30.9.88 has approved to accept the
Government proposal issued in the reI' list ciled with the following guidelines.
I. In future all the allotments (ploISIFlatBIHousesi should be madc jointly in favour
ofhusband and wife or wile are husband.
2. If the applwation at the time of calling for application for allotmen~ is a
bachelor/spinster belsbe showed have to include hisiher nominee for joint
allotment in the case ofP.P., L.I.C., ete., and belsbe should be given one chance
to change the nominatio~ aft« marriage.
This procedure should be adopted not only for Hire pu.rchase basis but also for outright
purchase basis.
The above elauses may be incorporate in all applications for the alIo~ condition of
allotment and the lease cum sale allotment.
Here after no allotment should be made infavour of individual and all the sppIicants
should apply only in their name.
All the Executive Engln""r and Administrative Officer city and Mofussil Units are
requested to implement the above to take action to change the application funn and Lease <um~
sale Agreement accordingly willI immediate effect.
Receipts of this memo. may be acknowledged immediately:
All The Ex_tive Engineer and Admn. Officers ofcity and Mofussil Units.
Forwardedlby oroer
SUPERJNTENDENT
181
(PLOT)
SALE DEED
TInS DEED OF ABSOLUTE SALE executed in this the ...,.........". day of ...........•....
BETWEEN TIlE TAMlL NADU HOUSING BOARD a statutory body iru:orporated by the
Tamil Nedu Housing Board Act xvn of 1961, hereinafter represenled by the Executive
Engineer & Admn. Officer of Tamil Nedu Housing Board acting uoder Ibe authority granted to
him by the Tamil Nedu Housing Board in writing in this behalf by its Resolution No.120, Dated
25.4.1981 authorizing him 10 sign fur and on behalf of the Tamil Nedu Housing Board and
having its office at "................... """.,.,.,., ..... hereinafter<>illed the 'VENDOR' which tenns shall
wherever the context so permits mean and include their successors in interest and assigns of the
ONE PART:
WHEREAS after due enquiry, vaCllDt land had been acquired for the purposes of the
said scheme.
WHEREAS the above said bind bad been transfened to and are now vested with the
Vendor herein.
WHEREAS the Vondor is thus vested with the absolutJ: rights of ownership and
possession of the said land.
WHEREAS the property more fully described in the Schedule hereWlder and hereinafter
referred 10 as the PROPERTY is part and paroel of the luod covered Wlder the Scheree referred
to above.
182
NOW THIS INDENTURE WITNESSETH that in pUl"Sllll1lc<: of the above said
agreement and in consideration of the payment of Ro.....".....".•. (Rupees ................... ".".".... .
only) made by the Purchase to the Vendor herein, the Vandor doth hereby admit and
admowledge the receipt of the entire sum of Rs. """.""....."".... (Rupees
...."."..... " ...... """,,.......... only) in the manner aforesaid: the Vendor doth hereby grant, convey,
assign and sell into the Purchaser by way of ABSOLUI'E SALE of all the piece and part of land
morefully described in the Schedule hereunder, written in the plan annexed hereto with all the
rights, privileges and easements, drains, water* water courses. advantages and appurtenances
• whatsoever to the said property or any part thereof helonging to or the same now or hereto
before held, used, occupied or eqjoyed or reputed to belong or be appurtenant there to and aU
the rights, title and in'"",,!, claim and demand whatsoever of the V.nder into or upon the same
TO HAVE AND TO HOLD the afuresaid property morefully described in the Schedule
hereander and hereby granted, conveyed, asaigned and expressed so to be, unto the Purchaser
above named, absolutely and free from all encumbfllllces and discharges whatsoever and for
ever.
The VENDOR doth hereby covenant with the Purchaser that notwithstanding anything
done, omitted or knowing1y suffered to the ooritrary the Vendor herein has absolute power to
convey to the Purchaser the property mentiooed in the Schedule hereunder and every part
thereof and the same shall remain and be into the Purchaser in the manner afuresaid, without
any interruption claim or demand by the said Veador or any person claiming through or under
the Veador and that the Vander will at all times execute and do or cause to be ex_ted all
• deeds. things, whalsoever fur the Purchaser to the property mentioned in the Schedule
hereunder.
THE VENDOR covenants with the Purchaser that aU taxes and Public dues on the said
land hereby sold and delivered to the Purchaser have been paid and the Vendor has not created
any encwnbrance of the said lands or any part thereof and that there are no charges, lien, claim
or .ttoehment whatsoever on the said piece and pan::el of land in respect of the ahove land dues
and that the Purchaser may quietly enter upon, hold and eqjoy the said property hereby sold
measuring " .... ,," Ground ."".. " Sq.tt. morefully doscribed in the Schedule hereunder and
marked in the plan annexed hereto.
SCHEDULE
(Sub- District or /District )
North by
East by
South by
Westby
183
measuring on the ................ North ................ feet ......... inches; on the East ................ feet
................ inches; on the South ................ feet ................ inches; and on the West ................ feet
................ inches in all measuring ........................ Grounds and Square feet.
IN WITNESS WHEREOF the Vendor and the Purchaser have set their hands to this
Deed ofSale on the day, month and year above written.
.
•
Executive Engineer & Admn Officer.,
Division /Unit
Tamil Nadu Housing Board
(VENDOR)
184
PLOT with BUILDING
(DRAFT FORM OF) SALE DEED
Years, residing
at
hereinafter called "THE PURCHASER' which leon shall, wherever the context so pennits,
mean and include hislber heirs, executors, administrators, legal "'I'resentatives and assigns, of
the OTHER PART.
2. WHEREAS the Vendor, with. view to Wldertake housing and improvement scheme,
has beccme the full absolute owner of the lands in the (scheme) ~.---.~
3. AND WHEREAS, in pur.ruance of its poticy, the Vendor has plotted the above lands
in !he above said area and has allotted such plots to varions parties and has also put up
buildinga,!hereon. the cost of which is to be recovered under a J..ease..cum·Sale Agreement;
4. AND WHEREAS the Vendor is, under the .bove said Scheme, the owner of the land
and the .~~.~~.~~.~~.~.~.~.~.~.. Building III
_.~~. _ _ ~_._. _ _~. _ _ area, ._.~ more fully described in the
Schedule here-to and hereinafter referred to as "THE PROPERTY", which was allotted as per
the order of the Board Date _ _ _ to the purehaser;
6. AND WHEREAS the Vendor has fixed the price of the plot allotted to the Purchaser
as Rs. __ ~_ _ _..~ including the price of the building erected by it thereon, 'The total value
185
of the property therelbre amounts of Rs. _~ which the purohaser has paid and
discharged in full, acoording to the terms <>fthe above said Lease-cum..sale agreement,
8~ NOW TIllS DEED WITNESSES tha~ in consideration <>f the sum of Rs.
(Rupees }, already
paid by the Purchaser to the Vandor, as mentioned above, the receipt ofwhich sum, the Vendor
does hereby accept and acknowledge, the Vendor DOTH HEREBY GRANT, SELL
TRANSFER AND ASSIGNS unto the Purchaser all that piece end Pareel of the Land Bearing
Plot No _~_~ Extent of Gd sq.ft. in the _ _ _ _ _ _~
Housing Scheme area, together with tbe Building erected and standing thereon, more
• particularly and fully described in the Schedule hereunder written with all tree, fences, hedged,
ditchest common ways, watecs1 water courses~ liberties, privileges, easements and appurtenances
whatsoever to the property belonging or in any wsy appurtenant or usually holden enjoyed with
or eluted to belong or to he appurtenant thereto, and all the estate right, tide, interest claim and
demand whatsoever of the vendor in end to the property and every part thereof TO HAVB OF
HOLD THE PROPERTY hereby assured or expressed so to unto the Purchaser~
.
9. The Vendor doth hereby covenant with the purchaser that not with-stsoding any act,
deed of thing done by the Vendor or knowingly suffered to the contrary, the Vendor now has
good right to assign the property unto the Purchaser and that the Purchaser shall and may at all
times hereafter peacefully and equitably possess and eqjoy the property without any lawful
eviction, claim or demand whatsoever from or by the Vendor or my person or pcrrons lawfully
or equitably claiming. fium under or in trust for it and freed from all encumbnmccs whatsoever
mede, occasioned or suffered by the Vendor or any person or pe...ms laWfully or equitably
claiming as aforesaid.
10. The Vendor fUrther covenants thaI the vendor shall and willfiom time to time .nd at
the requek'lt and cost of the Purchaser do execute and do or cause to be executed aU, deeds and
things whstsoever for further md more perfectly asswing the property or any part thereof and
unto the purchaser.
11. The Vendor has also herewith give an application lOr the transfur of palla in respect
of the property to the name of the Purchaser.
SCHEDULE
All that piece and parcel of the land in the sanctioned plan of the _ _ _~ _ _ _~
Housing scheme area Bearing Plot No. in T.S.No.
186
On the North by
On the East by
On the South by
On the West by
Executive Engineer
VENDOR
WilDes.:
L Superin~ndeot ( ) section
------------------
PURCHASER
£87
DEED OF SALE FOR FLATS
TOANDlNFAVOUROFTIllRUIrMT. _ _ _ _ _ _ _ _ __
S/o.W/o.TIllRUIrMT and aged about years residing at
hereinafter called
'the PURCHASER' which expression sball where ever the context so admits, mean and inclnde,
hislher hem., executon<, administrators and legal representatives, of the OTHER PART.
2. WHEREAS the vendor has sponsored some housing improvement and building
.schemes under the Act for acquiring vacant sites and putting up building therron to consist of
several l1.ats, so that each such l1at could he sold independently and separately.
3. AND WHEREAS the purchaser is one of those who bed made an application No
_ _ _ _ _ _ _ dated to the Vendor fur the allotment of such flat
and has deposited with the Vendor under Receipts No. dated
a sum of Rs. only as Eamest
MoneylRegistration Fee,
4. AND WHEREAS the Vendor has, on the said application from the purchaser, allotted
on _ _ _ the flat hearing No. _ _ _ _ _ _ in _ _ _ ........ . Floor in the
bwlding erected in Block No. _ _ _ _ _ at _ _ _ _ _ _ _ allotted in and fully
described in the Filst Schedule hereto, hereinafter referred to as the FLAT to the Purcbllser, who
has thereupon entered into agreement with the Vendor to purchase the Flat on HireJOutright
purchase system on the terms and conditions set out herein,
188
5. AND WHEREAS the Vendor has finalized the construction of the Flat end has
wodced out the cost of the Flat with the proportionate value of the land on which the block of
Building. hereinafter called the BUllDlNG wherein the flat is a part stands at Rs.
_ _ _...cl. (Rupees ) which the Purchaser has paid.
6. AND WHEREAS the purchaser has already remitted to the vendor a sum of Rs.
_ _ _ _ _ _--.-'1. (Rupees ) under
Receipt by way of 1/4~ Cost and has paid the balance of Rs. •. on vanous
RtNo. on various dates where by the entire cost of the Flat has se<n paid to the Vendor by the
Purchaser.
7. AND WHEREAS the Vendor has in every sale, transferor lease of the fla!s undcrthe
present scheme imposed and intends in every such future transaction to impose the restrictions
set forth in the Second Schedule hereto to the intent that any owner transferee or Lessee for the
lime being ofany part of the building or any /lat thareon may be able to enfurce the observance
of the said restrictions by the owners, transferees or occupiers fur the time being of the together
flats in the Building.
8. NOW THIS DEED WITNESSETH thai in pursuance of the above said agreement for
Sale and in consideration of the sum of Rs. 1- (Rupees
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) paid by the Purchaser to the Vendor, as
mentioned in paragrnph 6 above, the construction cost the Flat together with the proportionate
cost of land on which the building has been erected. The receipt of which the Vendor doth
hereby acknowledge and of the monthly service or maintenance charges hereinafter reserved
and of the covenants of the purchaser hereinafter contained the Vendor does by way ofabsolute
sale hereby GRANT, CONVEY, TRANSFER AND ASSIGN unto the Purchaser the undivided
interest in all that piece or parcel ofland where the building stands as shown in the plan annexed
here to and with the Flat No, _.__.__.__. in the Block No.
____.__._ at __._______.._ _ (scheme) more fully described in the
First Schedule hereto.
VENDOR'S COVENANTS:
9. The Vendor hereby covenants with the Purchaser that any public charges, taxes and
all other outgoings payable to the Government or the Municipal, Revenue, Urban or other
aothorities levied in respect of the Flat shall be payable by the Purchaser on and from the date of
taking over possession ofthe flat by the Purehaser that is from ~._._._. __.__ .~..
89
lQ, The Vendor doih herebyoovenant and declare that the Vendor has full and absolute
right to convey, transfer and sell the said Flat and in the Purchaser can enjoy the Flat with full
,,
rights, ahsolutelyand the Vendor shall and will at the request and at the cost of the Purchaser do
and ""rout<: and cause to be done and executed all such acts, deeds and things as the Purchaser
may reasonably require for further and more perfectly assuring the title and right to thc Flat
hereby conveyed,
II. The Vendor hereby further covenants with Purchaser that the Vendor will require
every person to whom the Vendor shall hereafter transfer grant or lease any flat comprised in the
Building to covenant observe the restriction. set forth in the Second Schedule hereto,
12, The Vendor shall remain liable on the covenant On its part contained. in this transfer
so long as it shall remain owner of the rent charge hereby resef\'\ed but on transferring the said
rent charge and appointing the transferee thereofto be lrust.. in its steed the Vendor shall cease
to be liable on the said covenants.
PURCHASER'S COVENANTS
13, The Purehaser hereby covenants so as to bind the owners or lessees fur the time
being of the FI.t and so that this covenant sball be for the benefit and protection of the Building
and tbe other flats herein and every part thereofwith the Vendor and with the owner of the other
+ flats comprised in the Building setforth in the second schedule hereto,
a) That the Purehaser and the persons deriving title under himlher will at all times
hereafter observe the restrictions setf'orth in the second schedule hereto.
b) The purchaser and the persons deriving title under him1her shall not put up any
additional construction to the flat. without prior pennission of the Housing
Board in writing, based on the specific request from the plsnning authority.
c) The purehaser and the persons deriving title under himlber shall not put up
construction ofany sort over or around the space avai1able in and around the flat~
without prior pennission of the Tamil Noon Housing Board in writing.
190
building mainly for the pwpose Ie taking over from the Vendor all the rights
duties and obligations of the Vendor ~ Ie under this Deed for the common
benefit ofthe assignees, own= or tenants of these Flats in the Building.
14. In case of any dispute arising between the parties hereto the same shall be
referred to the Secretary to the Government. (Housing & Url>an Development Department),
whose decision thereon shall be final.
~TSCHEDULE-PROPERTY
The North by
The East by
The South by
And the West by
SECOND SCHEDULE
Restrictions. easements, rights. privileg~ exceptions reservations and m...tters in respect of the
'~ _ _ _ ".~_'_ flat No.. '_.~'_'_ at __ ~.~ .. ~..._ ... ~_ .._
1. Not to use the Flat nor pennit the same to be used for any purpose whatsoever
other than as private dwelling house, occupation of one family only and not for
any purpose from which a nuisance may arise to the owners, lessees and or
occupim of the other flats comprised in the building or in the neighborhood for
any illegal or immoral puxpose.
2. Not to throw dirt, rubbish. rags, refuse of other objectionable things or pennit the
same to be thrown into the sinks, bath~ lavatories, cisterns or waste soil pipes in
the Flat.
191
3. Not to play gramophone, radio apparnlus, wireless, loud speaker or other
mecl!anical and or other musical instrument of any Idnd nor to pl1lClice any
singing in the Flat so as to cause annoyance to the ownersllessees and or
••
occupiers of the other flats comprised in the Building or so as to be audible
outside, during night hours.
4. No Vehlele other than a private motor-car or private motor cycle shall he kept in
the Garage.
5. Full right and liberty for the purchaser and all persons authorized by the
Purchaser (in common with all other person entitled to the like right) at all times
by day or by night and for all PUipose to go, pass and repass over and along the
fore court shown on the pbm annexed hereto and through and along the main
• entrance of the Building and the passages, landings and staireases leading to the
Flat
6. Full right and liherty for the Purchaser and all persons authorized by the
Purchaser (in common with all other persons entitled to the like right) with or
with out motor cars and other vehicles .at all times by day or by night and for
genuine pwposes to go pass and repass over and along the way shown on the
plan ...-ed hereto.
7. The right to the Purchaser with servants, workmen and others at all reasonable
time on notice (except in the case ofemergency).
a) to enter into and upon other parts of the building for the purpose of
repairing, cleaning maintaining or renewing any such seWers, drains.
water courses, cables and wire with as little disturbance as possible and
making gond any damage caused and
0) to enter into and upon other parts of the Building fur the purpose of
repairing, maintaining, renewing. altering, or rebuilding the Flat or any
part of the Building subjacent or lateral support shelter or protection to
the flat.
8. All the ahove easements rights and privileges are subject to and conditional upon
the purchase(s contributing and paying his share for the expenses for
192
maintaining and opernting common amenities provided or available in the
building.
9. The Vendor and ill! surveyors or Agents with or without work men and others at
all reasonable times and notice (except in case ofemergency) to enter the Flat for
the purpose of carrying out obligations under clause 10 of this Deed.
10. There is exeepted and reserved absolutely out of this transfer the right to erect
and maintain a television aerial or aerials on the roof of the building for the use
of the occupation of the building and to run wires connecting such aerial or
aerials to the lelevision receiving sets in flats comprised in the Building.
11. The cost of cleaning and lighting the passages, laruiings, staircases and other
parts of the Buildings so enjoyed or used by the purchaser in corrunon ..
afuresaid and k.eeping the furecourt garden way and other parts of the Building
shown of the plan annexed hereto to be proportionally borne by the purchaser.
12. The purchaser undertakes to and shall always be entitled to become a member of
any association of the owners of Flat (Registeted 01' not herein) contempl.ted
and shall be liable to contribute as the said owners may decide by majority .uch
sums at such periods .. they may decide by majority such sums at such periods
as they may decide fur the purpose of meering expenses common to owners of
flats incloding taxes and the Purchaser hereby undertakes to keep other owners
of flats indemnified against all losses, costs, and dsmages they may be put to on
account mUng to contribute hislber share.
13. Should the purehaser deliiUlt payments due for any common benefits or
amenities the Vendor or the Co-operative society to be fonned shall have the
right to remove such benefits or amenities from hislher enjoyment.
14. General:
The Vendor will not be responsible in any dispute among the Purchasers or
persons authorized by the Purchasers on the following issues:
193
b) Construction ofhore-well and delivery! suction pipes! pump sets
other than for common use but fer individual/certain individualsf
benefit.
IN WITNESS WHEREOF this Deed has been executed by the Tamil Nado Housing Board
represented herein by its Executive Engineer _ _ _ _ _ _ _ __
Who has sigrted this Deed on behalf of the Board as per the authority granted to him by the
Board.
IN WITNESS WHEREOF the Vendor and the Purchaser have set their hands to this Deed of
Sale on day month and year above written.
In the presence of
1.
Supenntendenr
_ _ _ _ _ _ _ DnlUnil.
2.~ _ _ _ _ __
Junior Assistant! Asst
_ _ _ _ _~Dn./Unil.
Copy of:
194
GOVERNMENT OF TAMILNADU
ABSTRACT
Stamp duty - Sale of plots, plots which houses and flats -levy o[stamp duty on the cost ofplots
only - orders issued.
REVENUE DEPARTMENT
G.0.Ms,No,2188 Date: 24.5.1974
Read.gain
G.O. Ms.No.l976 Revenue dated 7.7.72
195
stamp duty should extend only to the cooperative society and not when the owner ship
of the house is transfmed to member after expiry ofany stipulated time after payment of
.11 the dues to the society. The idea in that a citizen by merely becoming member of the
• cooperstive society cannot - evade the responsibility to pay .t least a smaI1 amount of
stamp duty when he gets the title of the site, and the building tnmsferred in his
individual name. Any instructions to the contrary issued earlier should be clarified. Here
also the principles in (i) to (ii) above will be followed.
II. The notification in annexure upto this order will be published in the Tamil Nadu
Government Gazette.
III. The Director of .tl!tionary and printing. Madras is requested 10 print and supply
475 copies of the paper in Annexure n to this order within one moolh ftom the
date of publieation of the notification for being placed of the Legislature. The
actual date of publication of the notification in the Tamil Nadu Goverument
Gazette should be entered in the paper to be placed on the Tables of the house
before copies are printed.
N. Regarding the levy of stamp duty in respect of Co-operative societies. order will
be i.aced separately by the Government in Co-operstive Department in due
Course.
V. This orders issued with the concurrence of FlIIlII1ce Department vide its U.O.
Nos.161603/Rn3-1 dt. 19.12.73.
(By ORDER OF TIlE GOVERNMENT)
Sdl~ xxxxxxxxxxx
Addl. SecretaIy to Government
To
The Chainnan TNHB, Madras-35.
!lTrue Copy!!
196
Copy of:
GOVERNMENT OF TAMIL NADU
ABSTRACT
Stamp Duty -sale of Plots - Plots with houses and flats - Levyofstamp duty in _ I of plots I
plots with houses and flats sold by Tamil Nadu Housing Bomd - Orders issued.
ORDER:
In GO. MS. No,2188, Revenue, dated 24-5-74, the Government reduced stamp duty
ciargenable under the Indian Stamp Act, 1899 in respect of the sale deeds to be executed by the
Tamil Nadu Housing Board in favour of the a1l0_ of the plots or the plots with houses there
on to the extent of the stamp duty chargeable on the cost of the plots as fixed by the ssid Board
after excluding the development charges and ille cost ofconstruction ofthe houses,
2, The Jnspector General of Registration has reported ihat the reduced levy of duty
on plots/plots wiill houses of Housing Board was offered daring 1974 as an incentive to
popularise Housing Board Scbemes, There is scareity for house site and houses and can
acquently the plolsihouses ofHousing Board have become very popular among people and there
is stiff competition to get allotment of housing Board plotslhouses. Now there is tremendous
pressure on housing stock and even to get a plot or house from Housing Board is a matter of
luck. Thc Inspector geneml of Regislnltion has illerefore recommended thet the accession of
reduced stamp duty in respect of plots and bouses constructed on plots allotted by Housing
Board given in G,0.Ms,No.2188, Revenue, dated 24.5,74, may be wiihdrawn in ille interest of
revenue in Government. !he Tamil Nadu Housing Board has however requested that the
concession given by the Government in G,0.Ms,No,2188, Revenue, dated 24.5,14 may be
allowed to continue.
3, The Government after having given careful consideration to the proposal of the
Inspector General of Regislnltion and the roquest made by the Tamil Nadu Housing Board in
this regard, have decided to withdraw all concessions SO far given to the Tamil Nadu Housing
Board relating to the levy of stamp duty in respect of plots/plots with houses and flats sold by
the Tamil Nadu Housing Board wiill immediate effect They Il<OOrdingly direct that the stamp
duty to be levied in respect of plots I plots with houses and flats sold by the Tamil Nadu
Housing Board be levied as follows:
197
L . Plots Stamp duty to be collected as par the
madet value of the land.
11. Plots with houses The madet value of the land and building
• llI. Flats The market value of the f1.t and
proportionate share oftbe land.
4. The notification in the Annexure to this order will be published in the Tamil
Nadu Government Gazette.
5. This order issues with the corn;ummce of the Finance Department vide its D.O.
No. 57349IFin. (Rev.) 93·1, dated 17~93.
P.V.RAJARAMAN
SECRETARY TO GOVERNMENT
To
Sd.·xxx
Section Omcer
198
ANNEXURE
NOTIFICATION
ill exercise of1he powers conferred by clause (a) of sub-section (I) of section 90fllle
Indian Stamp Act, 1899 (Centtal Act II of 1989), the Governor of Tamil Nadu hereby cancels
the Revenue Deportment Notification No.ll(2) Revellue'3024n4, dated the 24th May 1974,
. published at page 326 ofPart Il- Section 2 of the Tamil Nadu Government Gazette, dated the
19th June 1974,
2, The notification hereby made shall come into force on the 23m June 1993,
P.V.RAJARAMAN,
SECRETARY TO GOVERNMENT
I TRUE COPY I
SdJ-xxx
SECI'lON OFFICER
199
COpy OF:
GOVERNl!fENT OFTAMII" NADU
ABSTRACT
• Stamp Duty - Levy of Stamp Duty in respect of Sale ofPlotsIPlots with HouseslFlats sold by
Tamil Nadu Housing Board - Application oforder of withdrawing Stamp Duty concession only
to Schemes in which allotments made aft... date ofGovernment Order - oro.... issued.
Read:
i. G.O.Ms. No.1976,RevenueDepartmen~dated 7.7.72. '
n. G.O. Ms. No.2188, Revenue Department, dated 24.5.74. I
1lI. G.O. Ms. No.198, Commercial Taxes and Religious Endowments Department,
dated 23.6.93.
Read also::
iv. From the Managing Din:ctor, Tamil Nedu Housing Board D.O. Letter
No.P3!68632189, dated 10-8-1993.
v. From the InspC<lOr Gen....1 of Registration D.O. Letter No.485301C2193, dated
26.8.93.
ORDER
The Government in the order seoond reed above, reduced the stamp duty chargeable
under the Indian Stamp Act, 1899 in respect of the sale deeds executed by the Tamil Nadu
Housing Board in favour of the aUot tees of the plots or plots with houses thereon to the extent
of the stamp duty chargeable on the cost of the plots as fixed by the Board after eXCluding the
development charges and the cost of Construction of the houses. In view of the present scarcity
ofhouse sites and houses, the PlotsIHousesi Flats of Housing Board have become very- popular
among the people and there is stiff ecmpetition for allotment of Housing Board Plots! Houses !
Flats. Considering this and the loss of revenUe due to stamp duty concessions extended for such
a long time, the Government in G.O. Ms.No.198, Conunercial Taxes and Religious
Endowments Department, dated 23.6.1993 issued ordecs withdrawing the concessions from that
date.
2. lbe Tamil NOOu Housing Board has requested the Government to reoonsider the
orders issued for the followlng reasons :
200
Agreements entered into with the allottees at the time of allOlme!1t, it is not tair to ask the allot
tees to pay stamp duty at market value MW. This will be a breach of agreement made between
Tamil Nad. Housing Board ami allottees. Though aUot tees paid the entire cost of Plots I Plots
with Houses! Flats in order to prevent resale, Sale Deeds are given only after specified period of
5 or 10 yeaI1I. Having imposed such a oondition, asking the allottees to pay stamp duty at maiket
value at the time ofregistration is not fillr.
n. Many of the allottees who have obtained allottnents from. Tamil Nadu Housing
Board long back are yet to lake the sale deeds from. the Tamil Nadu Housing Board due to
various reasons will be adversely affected by the increase in stamp duty.
In the above circlllllS!a!Joes, Tamil Nadu Housing Board has requested the Goverrunent
to revise the orders as follows :
3. The Inspector General of Registration, who was consulted in this regan:! has
recommended to revise tbe orders as proposed by Tamil Nod. Housing Board ami suggested
that the Tamil Nadu Housing Board may be required to incorporates necessary clause in the
Lease-Cum--Sale agreement iodicated that tbe Stamp Duty is payable on the market value of tbe
property.
4. The Government have examined tbe proposal of Tamil Nad. Housing Board in the light
of the recommendation of the Inspector General of Registration carefully and fOT the reasons
mentioned in para 2 above, the Government direct that :
1. For the existing and old schemes of the Tamil Nadu Housmg Board the concesion
granted in G.O. Ms.No.2188 Revenue Department, dated 24--5-1974 be allowed to
continue; and
II. TIle orders issued.in GO.MsNo.l98. Commercial Taxes and Religious Endowments
Department, dated 23-6-t993 withdrawing the stamp duty concession in respect of
PlotsIPlots with HouseslFlats allotted by the Tamil Nadu Housing Board will apply to
the schemes fur which allotments commence after 23-6-1993. 5'",
The Tamil Nadu Housing Board i. requested to incorporate ne<:essaIY clause in the
Lease-cum-Sale Agreement indicating that the stamp duly is payable on the marl<et
value.
5. The Notifieation appended to this order will be poblished m the Tamil Nadu
Government Gazette.
6. This order issues with the concurrence of Finance Department vide its G.O.
No.lOI8/S(M)I93, dated 11-10-1993.
BRUESHWAR SINGH
Secretary to Government
To
Copy to :
Housing and Urban Development Department, MadrdS-9
Finance Department, Madras-9
Law Department, Madras-9
!rrroe Copy!!
Sd/-xxxx
Superintendent
202
APPENDIX
NOTIFICATION
In exercise of the powers conferred by cia... (a) of Sub-section (I) of section 9 of the
Indian Stamp Act. 1899 (Central Act II ofl899), the Governor ofTamil Nadu hereby reduce the
stamp duty chargeable under the said Act in respect of the sale deeds to be executed by the
TamilNadu Housing Board in fuvourofthe allot tees of:
i. Plots or Plots with houses under the schemes in which allotment eonunenced before the
23'" June 1993 to the extent of stamp duty chargeable on theoost of the plots as fixed by
the said Board, after excluding development charges and the cost of oonstruction of
houses.
ii. Flats, under the Schemes in which allotment commenced before the 23'" June 1993 to
the extent ofstamp duty chargeable on the sale consideration fixed by the said Board.
BRlJESHWAR SINGH,
Sec.retary to Government
irrrue Copyli
SdI-xxxxx
Superintendent
203
GOVERNMENTOFTANULNADU
ABSTRACT
Housing· Recommendations of the High Level Committee constituted for giving suggestions
for !he early sale of the houses/flats constructed by Tamil NOOu Housing Board and remaining
unsold· Levying of Stamp duty· Orders . Issued.
READ:
G.o. Ms. NoAl7, Housing & UtbanDev. Dept. dt. 18.10.2000
ORDER:
The Government, after CllfCfuI oonsideration of the recommendations of the High Level
Committee constituted under the Chairmanship of Hon'ble Minister fur Housing and the
Chairmanship of the Chief Secretary ro Government, for the early sale of the housesIflaWplots
constructed by Tamil NOOu Housing Board and remaining unsold in various parts of Tamil
NOOu, issues the fol1owing orders :
"The stamp duty will be levied on the cost of plollproportiollllte land ""are as fixed by
Tamil NOOu Housing Board at the tinte ofallo1mont of the plotslbouseslfiats·.
2. The Commercial Taxes and Religious Endowments Departtnent will issue necessary
notification for publishing the above said orders in the .Tamil Nadu Government Ga2ette.
3. This order issues with the concurrence of C.T & R.E. Dept. vide u.o.
No.1754/J.lf2ool.l, dated 24.1.2001 and with the concurrence of finance dept. vide U.O. Note
No.264!F$./P/2001, dt. 30.1.2001.
(By order of the Governor)
Ajay Bhattacbarya,
Secretary to Government
To
204
cannot be exempted altogether from payment ofstamp duty and therefore the cost of the
flat will be treated as the sale consideration and the stamp duty levied accordingly.
4. In case of members of any type of cooperative .society the benefit of exemption from
stamp duty should extend only tQ the cooperative society and not when the ownership of
the bouse is transferred to member after expiry of any stipulated time after payment of
all the dues to the society. The idea in that a citizen by merely becoming member of the
cooperative society cannot evade the responsibility to pay at least a small amount of
stamp duty when he ge1s the title of the site, and the building transferred in his
individual name. Any insttuetions to the contrary issued earlier should be clarified. Here
also the principles in (i) to (it) above will be fOllowed.
U. The notifiestion in annexure upto this ord.". will be published in the Tamil Nadu
Government Gazette.
!II. The Director of statiOIllllY and printing, Madras is requesWd to print and supply
. 475 copies of the paper in Annexure n to this oroer within one month from the
dete of publication of the notification for being plaoed of the Legislature. The
actual date of pUblication of the notification in the Tamil Nadu Government
Gazette should be entered in the paper to be plaoed on the Tables of the house
berore copies are printed.
IV. Regarding the levy of stamp duty in respeet of CO-<lperative societies, order will
be issued separately by the Goverrunent in Co-<lperative Department in due
course.
V. This orders issued with the concurrence of Finance department· vide its u.o.
Nos.I6l6031Rf13·1 dt. 19.12.73.
Sdl- xxxxxxxxx
Add!. Secretary to Government
To
{!True ('~py II
205
ABSTRACT
Stamp duty - Sale of plots, plots with houses, flats by Tamil Nodu Housing Board - Levy of
stamp duty on the cost as fixed by the Board" Orders" issued.
Readagaio:
1. G.O.(Ms.) No.2188, Revenue Department, dated 24.5.1974
2. G.O.(Ms.) No.198, C.T. & RE. Department, dated 23.6.1993
3. G.O.(Ms.) No.357, C.T. & RE. Depanment, dated 14.10.1993
Reada..o:
4. G.O. (Ms.) No.57, Housing & Urban Development Dept., dated 1.2.2001
ORDER
,. In pursuance of the orders issued in the G.O. fuurth read aboVe, the notification
appended to Ibis order shall be published in the Tamil Nadu Government Gazette.
2. The Tamil Nadu Housing Board will furnish to the Inspector General of
Registration the listfde!.ails of the Schemes of the Board to whicb the unsold stock of
plotlhouseslflats belong and are eligible fur the concession gr.mted in the G.O. fourth read
above. ~
SUSAN MATIfEW
SECRETARY TO GOVERNMENT
To
The lnepector General ofRegis1nllion, 120 Santhome High Road, Chennai-28
The Works manager, Government Central Press, Chennai-79
The Accountant General, Chennai.(i
The Accountant General, Chennai-18
The Accountant General, Chennai-35
The Secretary to Govermnent. Housing & Urban Development Department. Chennal-9
The Managing Director, Tamil }{adu Housing Board, Nandanam, Chermal-35
IlForwarded By Orderl!
Section officer
206
APPENDIX
NOTIFICATION
the duty chargeable under me said Act in respect of the sale deeds to be executed by the Tamil
Nedu Housing Board in favour of me aIIottees of plots I houses or !lat ! 10 me extent of duty
chargeable on the cost of me plotlproportiona!e land abate as fixed by me said Board at the time
of allotment, sabject to 1he condition thet the above reduction aball be applicable to mose
alloltees of plots, houses or !lats of me said Board remaining unsold as on me 1st February
2001.
SUSAN MATHEW
SECRETARY TO GOVERNMENT
!rrrue Copy/!
Section Officer
207
J!>'"'" 9,4,2001
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208
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211
TAMIL NADU HOUSING BOARD
Circular Memo No. Allotment 1.416863Z 189, dated 9.1Z.2003
A copy ofthe G.O. MS. No.177, daled 20.11.2003 i. hereby enclosed (copy annexed).
The office", in the address entry are requested to follow the ahove G.O. and a copy or
the receipt of cireular memo should be aclmowledged by return ofpost immediately.
Sd.V.R. Loganathan,
Superintending Engjneer
To
All the Executive Engineer & Ado Officers in City & Muffis;l
All the Superintending Engineers, Circles
Copy to :
PA to Managing Director
P.C. to Secremry
I Forwarded by order 1
Section Offtcer
212
ABSTRACT
Stamp Duty - Reduction from 8%~ 7% to 6% - Reduction of Transfer Duty from 5% to 2%
Notification Issued..
ORDER
'Th.e Government of Tamil Nadu has, in the past two year8t undertaken a number of
measures to improve investment in Information Technology and Infonnation Technology
'Enabled Services Seetor, Service Industries in general and eonsttuction industry in particular.
The State bas emerged as the leading desUnation for investment, bringing in a number of
associated developmental activities, The Govenunent have been exploring other measures to
enhance investment climate and usher in the foremost status for Tamil Nadu in all around
Development.
2. At present 8% stamp duty Ofl amount or market value set forth for conveyance of
properties is levied in mban areas and 7% in rum! areas, In addition, trnnsfer duty at S% is also
levied, the proceeds of which is apportioned to the local bodies after due coUection charges. The
restructuring of stamp duty and transfer duty levied on the conveyance of properties bas been
engaging the attention of Government to facilitate further growth in developmental
opportunities.
3. The Tax Refonns Augmentation Committee, eonstituted in the year 2002 headed
by Dr.Raja AChelliab has recommended the levy of a eonsolidaled rate of stamp duty on
conveyance for all areas at 9''10.. The Inspector General of Registration in the letter read above
has sent proposals to the Government ro reduce the present rate of stamp duty totally to 9%
applicable throughout the State.
4. TIle Govermnent after careful consideration of the above factors have decided to
reduce the stamp duty to 6%, transfer duty to 2% and to retain the present rate of registration fee
at I % on conveyance inspect of all instruments ehargeable with duty as a conveyance under
Schedule-I to the Indian Stamp Act,IS99. The ahove rates will be applieable throughout the
State with effect from 2 Ll 1.2003.
5. The Government also reduce the rates of duty leviable in respect of instruments
listed in Notifieation II to eight percent.
6. Necessary orders will he issued by Rural Development Department and
Municipal Adminlstration and Water Supply Department for reduction oftranBfer duty from the
existing rate of 5% to 2% for the areas under respective local bodies.
213
7. The Notifications appended to this order will be published in Ibe Tamil Nod.
Government Gazette Extraordinary dated 21.11.2003.
8. The Works Manager, Government Central Press, Cbennai is requested to send to
the Government ten copies of the Tamil Nadu Government Gazette in which the Notifications
are published.
(By order of the Governor)
P,R. BINDHUMADHAVAN
SECRETARY TO GOVERNMENT
To
IlForwardedlBy Orderll
• SECTION OFFICER
214
NOTIFICATION·I
In exercise of the pow"" conferred by clause (a) of sub-S<>Otion (1) of section 9 of the
Indian Stamp Act, 1899 (Central Act n of 1899), The Governor of Tamil Nadu hereby reduces
the stamp duty in respect of all instruments ebOIgeabJe with the duty as a conveyance under
Schedule J to the said Act to six rupees ror every Rs.I 00 or part thereof on the amount or market
value as stated in the relevant Articles.
NOTIFlCATION·TI
In exeroise of the powers conferred by clause (a) of sulrS<>Otion (I) of section 9 of the
Indian Stamp Act, 1899 (Central Act n of 1899), the Governor of Tamil Nadu hereby reduces
the stamp duty in respect of the following inslnunents to eigbt rupees for every RsJ 00 or part
thereof on the amounl or markel value as stated in the respective Article. under Schedule I 10
the said Act.
i
,•
5. Release of rigbt in favour of 55(D) (ii)
partner
!• 6, Settlement in favour ofnon-famHy 58(0) (ii)
•
members
I
P.R. BINDHUMADHAVAN
SECRETARY TO GOVERNMENT
II True Copy II
SECTION'le'FICER
215
TAMILNADU
GOVERNMENT GAZETTE
EXTRAORDINARY
Part n - Section 2
Notifications or orders ofiIlter..t to a section of III. public
issued by Secretariat Departments
NOTIFICATIONS BY GOVERNMENT
No.n(Z) CfI779(d-l)l2003
In exercise of the powers conferred by clause (a) of sub-se:::ti.on (1) of section 9 of the Indian Slantp Act
1899 (Central Act II of 1899)., the OoVert'lot' of Tamil Nadl.1 hereby reduces the. stamp duty in respect of aU
instruments cbargeable with the duty as n conveyance under Schedule 1 t.o the said Act to six rupees for every Rs.
100 or part thereof on the amount or market value 85 stated in the relevant Articles.
In exercise of the power.; conferred by clause (a) of sub-section OJ of secti<m ') of the Indian Stamp Act,
1899 (Central Act II of 1899), the Oovetnor of Tamil Nadu hereby reduces the munp duty in respect of the
foUowina i.nsuuments to eight rupees for every R& 100 or part thereof on the amount Of mtuket value as stated in
!he respective Articles under Schedule Ito the said Act.
F.R. BINDHUMADHAvAN
Secretary to Government
216
PRlNTED AND PUBUSIlEO BYTHE OIRECroR OF STATIONERY AND PRINTING. CHENNAI
ONBI!IIALFOFTHEGOVERNMENTOFTAMIL NADU
217
TAMIL NADU HOUSING BOARD
CIRCULAR MEMO NO. Allotment I (4)168632189, Dated : 1.1.2004
•
Sub: TNHB· Allotment. Stamp duty, Sale of Plots. Plot with Houses, Flats by
TNHB . Levy of Stamp duty on the cost as fixed by the Board ·On:len; issued .
Forwanled • Regarding.
A copy of the G.O. MsNo. 226 Commercial Taxes (Jl) Department, Dated 15.12.2003
is nerebyenclosed,
The offi= in the address eotty are requested to follow the above Government On:Ier
and the copy of the receipt of the Circular memo should be acknowledged by return of post,
immediately.
•
Ene!: 1
SdI· M.Ramasamy,
Chief Engineer (i/c)
SECTION OFFICER
218
ABSTRACT
Stamp Duty - Sale of plots, plots with houses, flats by Tamil Nadu Housing Board. Levy of
stamp duty on the eost as fixed by the Board - orden! - Issued.
P.R. BlNDHUMADHAVAN
SECRETARY TO GOVERNMENT
To
Copy to
The Special Personal Assistant to the Minister for Rural Industries and Registration, Cbennai-9.
The Senior Personal Assistant to Minister for HOLising, Chennm - 9.
The Private Secretary to Chief Secretary to Government, Chennai - 9. -.
Stock file/spare copy.
II Forwarded by Order II
SECTION OFflCER
~lQ
APPENDIX
NO'flnCA'flON
In ""ereise of Ibe powers conferred by clause (a) ofsub-section (1) of section 9 of the
Indian Stamp Act, 1899 (Central Act II of 1899), the Governor of Tamil Nadu hereby reduces
the duty chargeable under the said Act in respect of the sale deeds to be executed by the Tamil
N.du Housing Bored in fuvour of the allottees of plots, bouses or flats, remaining unleased or
unsold on or aller the 1st February 2001, 10 the extent of duty chargeable on the cost of the
plotsiproportionate land share as fixed by the said Bored at the time ofallotment.
2. There shall be no refund of stamp duty and registration fee in respect of the documents
already registered.
P.R. BINDHUMADHAVAN
SECRETARY TO GOVERNMENT
/I TRUE COPY 1/
SECTION OmCER
220
TAMIL NADU GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY
Part II - SectioD 2
Nolifications or ord.... of Inter..t to • section of the public
issued by Secretariat Departments
NOTIF1CATIONS BY GOVERNMENT
No.U(2)ICTm9(d·l)l2OO3
In exercise of the powers conferred by cl.!w&c (a) of sub-section (I) of $OC'lion 9 of the Indian Stamp Act.
IS99 (Central Act n of 1899). the Governor of Tamil Nadll heReby reduces the stamp duty in n=sptd of all
instruments chargeable with the duty as a conveyance 1.IOOer Schedule 1 to the said Act to six rupees for every Rs.
100 or part dteteof 00 the amount or JJWtet value as stalOd in the relevant Articles.
RlIDUC'TION OF STAMP DUTY IN RJ1SPECTOF CERTAIN INSTRUMENTS UNDER TIlE SAID ACT
(G.O. Ms.No.177. Co~1 Taxes.. 20th November 2(03)
N<>.II (2)ICTm9I(d·2)l2003
In exercise of the powers conferred by clause (a) of sub-section (1) of section 9 of the Indian Stamp Act.
1899 (CentnlJ Act 11 of 1899), the Governor of Tamil Nadll hereby reduces !he stamp duty in respect of the
foJlawing insltuments to eight rupees fur every Rs. 100 or part thereof 00 the amoont 0'1' market value as tllilted in
the respective Articles under Schedule 1 to the said Act.
P.R. BINDHUMADIIAVAN
~ry to Government
~~~~~~~~-~.~-.
---~--..:.
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING. CHENKAI
ON BEHALF OF THEGOVER.'>l'MENT OF TAMIL NADU
221
13(1)
State Govenunent Servants who have got the allotment from the Tamil Nadu Housing
Board under Hire purchase basis are eligible for availing HB~ from the Government after
getting A & B Certificate from the Board. In such cases the allotment made under H.P. basis
will be converted into outright purchase basis and the A & B Certificate will be issued to enable
them to apply for HBA from this respective department.
Wherever A & B Certificates are issued to Gov!. servants allottees for getting HBA
from Govt. by converting the allotment from hire purchase basis to outright purchase basis, the
interest at prevailing rate on 1I3rd or 1I4rd cost of the flaUhouse as the case may be and interest
on the monthly instalhnents alone should be collected from the Govenunent Servant allottees
from the date of ready for occupation of the house/flat till the date of sanction of HBA by the
Gov!. as per the G.O. Ms. 174 H & UD dept. dated 07-02-1991 (copy enclosed).
As per the G.O., the Gov!. Servants al10ttees should pay the interest eveI)' month or 113'"
or 1I4rd of the cost and interest on monthly instalment. If they default in payment of interest
every month action should be taken against the defaulters under the provision of Tamil Nadu
Housing Board Act for canceling allotment and canying out eviction after following the usual
procedures.
The No Objection Certificate may also be issued to the allottees for applying HBA from
HDFe and other financial institutions. The allottee state Govt. servant can occupy the house
allotted on payment of interest month by month.
While issuing applications, it should be specifically mentioned in the application that the
concession given to State Govt. servants in G.O.Ms.No.l74, Housing dated 07-02-1991 for
HBA purposes will not be applicable to state Govt. servants who are applying under the new
pattern of Outright purchases, since the time limit for payment of entire cost of the flat/plot in
one lump sum has been fixed as one month only under this pattern. They can apply u~.
asis avail the concession mentioned in para-I above without any difficulty.
(Gov!.Lr. 1K2/85-9 dated 08-08-1986).
222
GOVERNMENT OF TAMIL NADU
ABSTRACT
Housing-Tamilnadu Housing Board-Pun::hase of ready built house/flat from the Tamilnadu Housing
.Board by the Government Servants-Payment of interest by the Government Servants at the prevailing
rate on IJ3rd or 1I4th cost of the flat! house and interest on the monthly installments .. Orders ~ issued.
Read:
1. G,O,Ms,No.J6<i6, Housing and Urban Development dated 16,12.88
2, From the Atlottees ofTamilnadu Housing Board flats. Madras-9 repres entation dated
Nil.
3. From the Chairman & Managing Director~ Tamilnadu Housing Board, Letter
No,P31596719() dated 23,S,9(),
Read also:
4, G,O,Ms.No.9()8, Housing and Urban development dated 16.7.8G.
ORDER:
In the Government Order first read above. orders have been issaed that in respect of
Tamilnadu Housing Board flats! houses reserved under Govemrnent discretionS!)' quota and the
fiatslhouses surrendered/cancelled etc. and allotment made from the waiting list. Interest at the
prevailing market rate should be eollected from the allottee for the period from the date of ready for
occupation till the date of allotment order, on 1/3ni or 1I4th of the initial cost as the case may be.
Besides, interest on the monthly instalment that would have become due from the date of ready for
occupation till the date of allotment should be collected at the prevailing market rate for the said
period. It was also ordered in the a.bove Government Order that the procedure preseribed therein
should be adopted in respect ofa11 the allotments made on or after 1st January 1985.
2. Certain Government Servant allottees" of the Tamilnadu Housing Board fiatslhouses,
have represented that conditions prescribed in the Government order fourth read above cause mUch
difficulty to the aHottees, owing to abnormal delay in the sanction of Rome Building Advance every
year, Government Servant allotees of the Tamilnadu Housing Board fiatSl110uses are now paying
jnterest far more than one year~ ranging from R.a,gOOl~ to Rs.2,OOO/- permensem. towards the wst of
the flatslhouses ranging from Rs.80,Ooo/- toRs. 2,oo~006/~, Further they lose the benefit mentioned in
the government servants are therefore suffering a lot in paying huge amount as interest a10ne for the
Govt order 41.h read above. months together. to the Tamilnadu Housing Board, due to delay in the
sanction of House Building Advancc. The petitioner havc therefore requested that the construction
shown to the aUottees of flats / houses under Govt, discretion quota. the Government Order first
read above may be extended (0 them and they may be permitted to pay interest on the J/3rd or 1/4th
of the initial cost alone. tilt the sanetion of House Building Advance by the Government.
3. The remarks of the Chairman and Managing Director, Tamil.nadu Housing Board has
been obntined in the matter. He has reported that though the Government servant occupy the houses
on payment of interest alone, they are not they are able to pay the interest for total arwunt, as it is
heavy and the aHortee arc unable to pay it every month, from their salary. Further, sports received
from the various di\.'1sions indicae that the Government servants are in huge arrears towards the
payment of interest In view of large number of applications received by thc Government for sanction
of House Building Advance, it takes one year or so, for Govcmment servant to get the House
Building Advance sanctioned. Consequently, they suffer much to pay the interest."
223
4. The Bourd also observed that when allotment was nnt made. the loss to the Bourd is
the interest on these _ IIlIl<lUIlIs, ....,.,ly. the 113rd or 114th cost and monthly instalment. It ha, al,o
pointed out that the request of the Government Servant to consider their case on par with the case
oovered by G.O.Ms.No.I666. Housing and UJban Development doted 16.12.'88 'ppeo" to he
reasable, because if they continue to occupy the houses on payment equal to 113rd or 1I4th cost and
the monthly instalment It was also observed that in the absence of these payrments interest loss to
the Board is only nn this 1I3rd eost, plus the monthly installments. The Tamilnadu Roosing Board
has therefure approved in its resolution No.606. dated 3.5.'90. the above proposal and recommended
to Govemment that the request of the Government servant allottees can be considered as stipulated in
G.O.Ms.I666. Housmg and UJbanDevelopmentdoted 16.12.'88.
4. The Government after careful consideration, approve the proposal of the Chairman
and Managing Director, Tamilnadu Housing Boord and issue the following orrlers:
(i) The Chairman and Managing Director, Tamilnadu Housing Board is requested to
col1ect interest from the Gowrnment Servant allottees at the prevailing rate on 1/3rd
or 1I4th cost of the flatlhouse. as the case may be. and interest on the monthly
installedment alone from the date of ready fot occupation, till the date of sanction of
House Building Advance.
. This procedure should he adopted in respect of all allotments made 00 or after 1st
January 1985. as stipulated in G.O.Ms.N<>.I666. Housing and uroan Development
doted 16.12.'88.
(iii) The interest should he calculated as s6pulated in items (il and (ii) above and the
excess amount 00 far paid by the allottee, if any. should be adjusted towards future
interest to be paid by the allottee, till the_sanction of House Building Advance or
towards the balance cost of the fiat/house. The excess amount paid by the allottee
should be refunded if the entin: cost of the flatlhouse has been paid in full, as the
case may be.
5. This order issues with the corwum:nces of the finance department vide its
U.O.No.133/FSlPI91.
L.K.TRlPATHY,
SECRETARY TO GOVERNMENT
To
SFISC.
IIforwardedibyorderll
Section Officer.
224
Copy of: The Government LrNo.324841K2185-9, dt,8.8.86 !ium Thim K.Dhlll1lllUU"Ojan,
lAS. Commissioner & Secretaly to Go\1., Hg. & U.D.DepL. Madras 9
addressed to the Chainnan, TNHB, Madras 35.
With refurence 10 your letter cited, I am directed to state that there is no change in the
orders issued in G.O. MsNo.988, Housing & urban Deve.Dept., dl.16.7.80 read with
G.0.Ms.No.922, Hg.&.U.D., dt21.6.S3 Government the sancnon of H.BA 10 State
Government Employees for purchase of House'flats fimn TNHB with referencc to
G.0.Ms.No.81I, Hg.& U.D., dt.22.9.84.
2. I am also to requesl you to clarify spocifically while issuing advertisement for calling
applications in future scheme as per the G.O.Ms.No.SI J, Hg. & U.o., dt22.9.84. for allotment
of flatslbouses under hire purchase and bur tight purchase basis that the concessions to be given
to state government servants for HB.A. purchases will not be applicable to State Government
Servants who are applying under 1I1e new pattern of "oulrighl pmcllase" since the rime lintit for
payment of the entire cost of the fla1Jhouses in one lump sum bas been fixed .. one month only
under this pattern (they can apply under hire purchase basis and avail the concessions mentioned
in p.... I above without any difficulty.
YOUTlllhlthfully,
sd! xx xxx
ror COMMISSIONER & SECRETARY TO GOVf.
sd/A.SELVARA-J
for CHAIRMAN.
To
The E.E.&Ad.O!s ofCity & Mofuasil Units.
I,R & T Sections of Board SecretariaL
:: 1RUE COPY::
Sd( )
SECTION OFFICER.
225
13 (ii)
CLARIFICATION ISSUED BY THE GOVERNMENT ON THE APPliCABILITY OF
G.O.Ms.No.l74, HOUSING & URBAN DEVELOPMENT DEPARTMENT DATED 07·02.
1991.
226
TAMIL NADU HOUSING BOARD
Circular Memo No.R3117318194 Dated: 18.6.95
Sub: Housing-Tamil Nadu Housing Board-Purchase of ready built
houses/flat from the TNEB by the Govt. Servants-Payment of interest
by the Govt. Servants at prevailing rate on 113rd or 1I4th cost of
flatlhouse and interest on M.Is.-orders issued-clarification to the
orders-issued.
J:n the G,O, second cited. the Govt. have issued orders to collect the interest from the
Govt. Servant allotlees at the prevailing ",te on 113rd or 114th cost of flatlhouse and interest
on the monthly installments I alone from the date 9f ready for occupation till the date of
sanction ofHouse Building Advance,
Based on the above 0.0. the Housing Board has issued orders 10 the Executive
Engineer 7 Adm.Officers of the Divisionsl Units that the concession on interest charges given
by the Govt. in the above Gov. order is applicable to the State Govt. Servants only and it is
not applicable to other employees of the central Govt. order is applicable to other employees
of the Central Govt., Electricity Board, Quasi and local body etc., In,pite of above
instructions issued by the Board, many central Govt. employee allottees have approached the
Board for extending such concession granted in the G.O, to them also. The Board has
therefore requested the Govt. to issue apecific orders to the effect that the G.O.Ms.No.J 74
Housing dt7.2.91 is applicable to Tamil Nadu State Govt, aUottees only and that it is not
applicable to the Central Govt. employees and others, in order to avoid further litigation in
such type of disputes in future.
The Govt. have considered the request of the Board and directed in the G.O,Ms.No.
466 Housing dt.2S.4.95 third cited (0.0. copy annexured) that the orders issued in
0,0.Ms.No.174 Hg.dt. 7.2.91 shan be applicable only to the allottees who arc the Tamil Nadu
State Govt. Servants and it is not applicable to either central Govt. employees or tbe Board,
Corporations or local body employees.
A copy of the above 0.0. Ms. No.466 Hg. dt. 25.4.1995 is communicated 10 all
Allottee Service Managers I Executive Engineer and Adm. OfficerS for reference and
guidance,
227
To
228
COpy OF: G.O.Ms.No.466 dt.25.4.95.
ABSTRACT
Housing - TNHB - Purchase of ready built bouse/flat from the TNHB by the GovtServants
the prevailing nile on I13rd or 1/4th cost of the llatlbouse and interest on monthly
installments.-oniers issued ~ clarification to the orders issued.
ORDER:
In the G.O. second cited, the CJovt. have issued orders to collect the interest from the
Govt. Servant alIottees at the prevaUing rate on 1/3rd or 1/4th cost of flatlbouse and interest
On the monthly instalment alone from the date of ready for occupation till the date of sanction
ofHouse Building Advance.
Based on the above 6,0.• the Housing Board bas issued omers to the Executive
Engineer & Adm. officer of the Divisions/units that the concession on interest charges given
by the Govt. in the above Gov!. order is applicable to the State Gov!. Servants only and it is
not applicable to other employees of the Central Govt. Electricity Board, Quasi & local
bodies etc. The Managing Director, TNHB in his letter third read above, has stated that
inspite of the above instructions issued by the Board, for extending 1:o1Jch concession granted
in G.O. to them also. The Board has therefore requested the Govt. to issue specific orders to
the effect that the G,O.Mll.No.l74, Hg dt7.2.l991 is applicable to the Central Govt.
employees and others~ in order to avoid further litigation in such type ofdisputes in future,
The Govt. after careful consideration direct that the orders issued in the
G.O.Ms.No.174, Hg & U.D.D. dt7.2.1991, ,hal! be applicable only to the allottee, wbo are
the Tamil Nadu State Govt servants and it is Got applicable to either central Govt. emp10yees
or the Board~ Corporation or local body employees.
L.N.VIJAYARAGHAVAN,
SECRh"TARYTO GOVERNMENT.
To
The Managing Director,
Tamil Nadu Housing Board, Madras-35.
/!tme copy/I
Superintendent,
??9
13(iil)
TAMIL NADU HOUSING BOARD
Sub: Tamil Nodu Housing Board-Purebase of Ready built house/flat from TNHB by
state Government employees - payment of interest on 113 or 1I4 cost of the
house/flat clarification-Regarding.
of late some of the Executive Engineer and Administrntive officer's have sought for
clarification regarding applicability of the above 0,0, to tbe Tamil Nadu Housing Board
employees, employees of central, quasi, local bodies,
It is observed that the concession given by the Govermnent ,in the G.O.cited to the
state Government emplo)<!eS have also extended to Tamil Nodu Housing Board employees,
since their application for allotment is being include in the category of state Government
servants are also applicable to Tamil Nodu Housing Board employees,
The other central, local and quasi Government employees are not eligible for such
concession as per the G.O.cited.
AI the Exe, Engr, & Adm, Officer'S of city and Mofussil Units are requested to
Mofussil Units are requested to adhere to the above and avoid such clarification in future.
(seL) T,RKRISHNAMOORTHY,
for Chairman & Managing Director.
To
Ilfurwarded by orderll
Sd ( )
SUPERINTENDENT
230
TAMIL NADU HOUSING BOARD
Circular Memo NO.R1I55479192 Dated: 09.09.92
In the G.O. MS.No.1275 datad 22.10.90 1st cited, the Government had
instructed to take action on cases where the Government servants in tlIe event of not
being able to get the House Building Advance from the Government with in a period
of6 months from the elate of ready for occupation of the building, the allotment once
converted from Hire purchase into outright purchase basis may again be converted
into Hire Purchase basis and given effect from the date of original allotment and the
interest amount collected from them should be adjusted towards monthly iost.lhnent
due.
2. The above G.O. was conununicated to all the Executive Engineer and
Administrative Officers and Allottee Service Managers of the City Divisions and
Molfusil Units in the Board's Memo No.P3n6884190 dated 16.11.90 2nd cited.
Subsequently, instructions were again issued in the Board's Memo No.P3n9833191
dated 30.12.91. 4th cited to implement the instructions issued in 0.0.Ms.No.1275
dated 22.10.90. It was further instructed that since the sanction of House Building
Advance to Government servants with in a period of 6 months from Government is
unlikely in view of the present back log of applications, it has been decided by the
Board in its Resolution No.6.06 dated 27.11.91 to issue N.O.C. only to Goverrunent
Servant allottee, under Hire Purchase basis for applying H.B.A. from H.D.F.C. or any
other Housing financial institutions and N.ne. to CrQvemment aUottces for applying
H.B.A from Goverrunent need not be issued until further orders.
231
5. In the light of the orden; of the Government issued in the reference 61h
cited) the following orders are issued.
• (I) The earlier orders issued in Board's Memo 2nd and 4th cited are hereby
cancelled.
(2) A & B certificates may be issued 10 all the State Government servants
for applying HBA to Goverrunent by converting the allotmenl from
Hire purchase basis to outright purchase basis.
(3) Where ever A & B Certificates are issued to Goverrunent servants
aUottces Nr getting HBA from Government by converting the
aIl0ltmenl from Hire purchase basis to outright purohase basis. the
0'
interest at prevailing rate on 113rd !14th cost of the flatlhouse as the
case may be and interest on the monthly instalments alone ,heuld be
collected from the Government servant aUottees from the date of ready
for """upation of the house/flat till the date of sanction of REA by the
Government as per the G.O. 3rd cited.
(4) As per the G.O. 3rd cited, the Government servants allottees should
pay the interest every month on 113rd or 114th of the cost and interest
on monthly instalment. If they default in payment of interest every
month, action should be taken against the defaulters under the
provision of Tamil NOOu Housing Board act for cancelling allotment
and carrying out eviction after following the usual procedures.
(5) The No objection certificate may alsO be issued to the allottees for
applyingHBA from H.D.F.C. and other financial institutions.
(6) The above in>trucnons should be followed by the Bxecutive Engineer
and Administrative Officers and Allottee Service Managers of City
Divisions and Mofussil Units strictly.
(7) The receipt of this Circular memo sbould be acknowledge at once.
SdI- R. Sampath
for Chairman & Managing Director
To
All the Executive Engineers & Adm. Offieers
and Allottee Service Managers ofCity Divisions
and Moffusil Units
AU Asst Revenue Officers
All Superinteoding Engineers
Financial Adviser,
Cost Accountant
Chief Engineers
Deputy Secretary (Co-ordination)
Assistant Secretary
All the Co-ordination Sections,
forwarded I by order
Sd ( )
Superintendent
232
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REVOCATION OF CANCELLATION OF ALLOTMENT
Sub: Tamil Nadu Housing Board - Reviewing the activities of the Tamil
Nadu Housing Board in the meeting held No.7,8, 83 minutes of the
meeting - Ord... delegating the pow... to Executive Engineers and
Administrative Officer's to revoke the cancellation orders - regarding.
240
canceJlation accompanied by payment in fun of accumulated arrears inclusive of
interest along with revocation fee.
To
II true copy /I
Sd ( )
Superintendent
241
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261
TAMIL NADU HOUSING BOARD
.. The Board in its Reso1ution No.9.0S dated 30.01.2003 has recommended for the formation
of a revocation committee with membership as below:
1. Managing Director
2. Secretary & Personnel Officer
3. CblefF..ngineer
4. Financial Adviser as Members; and
5. CbiefRevenue Officer.
Accordingly the Revocation Committee is formed to deal with the matters relating to
revocation of cancellation of allotments of PlotsIHouseslFlatslCommcrcial, Institutional, Religious,
School and other sites., cancelled due to non-payment of monthly instalment a.rrears, with the
following members:
1. Managing Director Chainnan
2. Secretary & Personnel Officer Member
3. Chief Engineer Member - Convener
4. Financial Adviser Member
5. Chief Revenue Officer Member
The SUperintending Engineers!F...xecutive Engineers and Admrt Officers are requested to
,/
send the revocation proposals in complete shape to the convener of the Revocation Committee.
Copy (0 :
1, All Superintending EngineerslExecutive Engineers & Admrt. Officers
2, P.A. tQM.D!INHB
3, P.c. to S&PCICEtFAICRO
4. A.S. (Allot.)fINEB
5. Stock ,File/Spare Copy
/IFOTWlInied By Ord«/I
ASST. SECRETARY,
ALLOTMENT (IIC).
262
16T~·9.05 I~: 30,01,2003 I
Approved. The Board also recommended for a formation of a revocation conunittce with
membership as below:
L Managing Director
2, Secretary & Perronnel Officer
3, Chief Engineer
4. Financial Adviser as members; and
5, Chief Revenue Officer
~Q.lrr
j!;liil~ <>l'L~ ",,1IIfl1lJ!b
263
16(1)
Hitherto constructed Shop. i SlaUs have been leased out on rental basi, in public
auction retaining. ownership of the shops and stalls with the Housing Board. This involves
collection of rent, maintenaru:e and renewal of lease periodically. Though the shops and
stalls remains as permanent assets to the Board, the Board has been experiencing some
difficulties and sometime facing litigations and moreover the leasing out of shops and stalls
are not renumerative to the Board.
In view of the above, it has been decided by the Board and the Government as
fullows:
i) To sell the shops which have fallen vacant by public auction on outright purchase
basjs.
ii) To sen the shops already constructed and not let out by public auction on outright
purchases basis.
iii) To sen the shops to be cgnstructed by public auction on outright purchase basis.
iv) To reserve 15% of shops~ shop sites in Housing Board schemes in Madras City and
Mofil.sil for allotment by the Government under GDQ in the following manner.
d) In the case of Commercial sites and public pmpose sites, no reservation need
be made under Government Discretionary Quota as it is not practicable to
reserve certain percentage for allotment by the Government.
ORDER:
In their order first read above, the Govermnent have reserved 15% of
flatslhouseslplots under Govemment Discretionary Quota fur allotment to eligible persons.
2. Similarly, the Managing Director, Tamil NOOu Housing Board in his letters hird
and fourth read above, submitted proposals to Goverrunent for reservation of 15% of
conunercial siteslshop.-siteS/shops etc, to be allotted by the Government The above
proposals were approved by the Board in its resolution No.9.OZ, 0.ted:9.6.1993.
3. Hitherto, the constructed shops and stalls have been leased out on rental basis in
public auction retaining own.ership of the shops and slaUs with the Housing Board. The
Tamil Nadu Housing Board has stated that this involves collection of rent,. maintenance and
renewal of lease periodically. Though the sbops stall remain as permanent assets to the
Board, the Board has been experiencing some difficulties and sometime, facing litigations
aud therefore, it is felt by the Tamil NOOu Housing Board that leasing out ofshops and stalls
is not remunerative to the Board Tho Tamil NOOu Housing Board has, therefore, proposed
to sell (i) the sbops which have tallen vacant, (ii) the ,bops already coustructed and not let
out and (iii) the shops to be oonstructed by public auction on outright purchase basis. 1be
Board, it its R"""lution No.9.02, dated:9.6.1993 has resolved to approve tbe above propesa!
and sem to Government for approval.
4. 'The Managing Director Tamil Nadu Hou.....ing Board, stated the upset price to be
fixed for the plots to be sold by the HOUSing Board on Public auction be as fcHows:
(1) Ifthe plot is facing road which is 60' wide and 75% over and above the cost
of residential plot.
(2) If the plot is fadng 60' wide road and above, the rate will be 100% over the
ruling rates for residential plots,
~
(3) However, if the plot is a comer plot, 1~Ie win be added to arrive at the
ruling rate for residential plot
265
(4) In the case of plots to be allotted by the Government under Discretionary
Quota, the rate should be the average of the bids of 85% plots sold by the
Tamil Nadu Housing Board by public auction,
le co tru (5) Based on the Board'sresolution No,9.02 dt,9.6.!993 the Managing Director,
tOPS: ':"t ~.;ramiI Nadu Housing Board has requested the Government to reserve 15% of shops, sbop
n ou ~nQU P sites and commercial sites ere., in Madras City and in Mofussial.. in the Housing Board
t under Goverruscheme for allotment by Government under the Dis<:relionary Quola. The Managing
Director has requested that the upset bid rate 10 be fixed for the plots to be sold by the Board
•. -. -. - - - - ',n public auction and to be allottad by Government under Discretionary Quota refurred 10 in
,arngraph 3 above may be approved,
(6) The Government after carefill consideration of the proposals of the Tamil
Department, '"-ladu Housing Board refurred 10 above, pass the following orders:
992 (i) The Government approve the proposal of the Tamil Nadu Housing Board
B ~ I Neferred to inparngraph,-!, 3, ~an~ above,
o eller, (ii) The Government iO<Iireet that in respect of scl1emes consisting of 25
hops and more, the Government Discretionary Quota be fixed at 15% of the total shops
onstructed. In schemes consisting of less than 10 shops, 2 shops may reserved. and in
!\RTMENT chemes having to to 24 shops, 4 shops may be reserved for allotment by Government
~..t 6 nder their Discretionary Quota.
Dat",: ,10,1' ~
, (7) I '
(} View 0 f tile OlUCrs , _A above <-
lSSUo;;u '15"
lvT reservation 1"0 Shops Sites.
.
ommercial sites for allotment by Government under their Discretionary Quotas, the
:mporary on disposal of sbops, COlt1IllOI1:ial sites by Tamil Nadu Housing Board Issued in
reserved 15% le Government D,O.second read above is hereby vacated.
to eligible person
cd in his letters I (BY ORDER OF TIlE GOVERl':IOR)
;rvation of 15%
nment The am A.P.MUTHUSAMY,
6.1993, SECRETARY TO GOVERNMENT
,t on rental basis
(ADDmONAL CHARGE)
ousing Board, 1
it, maintenance b
,anent assets to he Managing Director,
e, facing litigati'mlil Nadu Housing Board
t ofshops and 'lladras - 600 035
therefore~ propo:
--;tructed and not he Senior Personal Assistant to
Jurchase basis, 1mister (Housing and Urban Development)
the above propoadras ·600009,
266
2
TAMIL NADU HOUSING BOARD
CopyofG.O.
Forwardlby oIller
Sd( )
SECTION OFFICER
267
Circular Memo P.2173195·N93 Dated 6.1.94
• Sub: Tamil Nadu Housing Board • Disposal of Public purposes sites and
Commercial sites - Certain instructions issued.
The attention of the Executive Engineer and Administrative Officer, and allottee
Service Managers of all City divisions and Mufussil Units, is invited to the reference first
cited wherein they bave bean requested to pursue action fur allotment ofcommeroial/sbop
sites in accordance of the orders iSS\led by the Government in G.O.Ms.No.839.Housing and
Urban Development Dated 6.10.93.
The Executive Engineer and Administrative officers and Allottee Service Managers
of all City Divisional Mofussil Units are therefore instructed not to reserve any pereentage
in Commemal sites and public purposes sites under government Discretionary Quots and
allot 100''' by Tamil Nedu Housing Board as per existing rules.
SdI- S.SURYAN
For Managing Director
To
All Executive Engineer and Adm.
Officer's ofCity Division and Mofuss;l Units
All Allottee Service Manager's ofCity
Division and MotTussiJ Units.
All Superintending Engineer's of Circles
1/ Forwarded: by orderll
SUPERINTENDENT
\
268
\
\
D,Q,Letter No,507491HB4(2)193-1 Dated 8,11.93
(i) In respect of construction of 102 RIG flats and 196 RIG tlals at
Tbiruvanmiyur Extensbip, it is felt that the bed rooms provided are too small and in future
the bed rooms small be of 12" x 10" and the design fur MiG flats in future should contain
atleast are master bed room of 12" x 14", In this regard, it is proposed to conveyance a
meeting with the Managing Director, Tamilrutdu Housing Board and Chief Engineers to
decide on the design.
(ii) It is directed that in future, fur all four storeyed buDding provision of lift be
mandatory,
(iv) Regarding the 15 shops in the ground and I floors and office accommodation
in the 5eC(md and third floors at the commercial complex at Anna Nagar~ 15% ofthem are
being reserved for Government discretionary quota. The Tamil Nadu Housing Board is
directed to take action to dispose olIthe 85% of the sbops in the complex by sealed Tender
cum open auction
(v) It is learnt that Tamilnadu Housing Board in issuing cement on cost recovery
basis for the finishing of ceiling beams, columns etc, and not paying separately for this
work. But in PWD and CPWD it has been in practice to treat this as a separate item in the
schedule. For the sake of unifonnity, the Tamilnadu Housing Board may also follow the
same procedure, It is directed that a detailed proposal may be sent to Government in this
regard.
269
(vi) AI; there is some resistance from the Public fur channel units fur rooting in
LlGIMIG houses, Tamilnadu Mousing Board any examine as to whether conventional
R.CC. Slab may be adopted instead of R.C.C. channel unit even for low cost houses in
elaborate proposal with relevant particulam lUay be sent to Govemmern.
Yours sincerely,
To
Thiru.M.Kutratingam, lAS,
Managing Director
Tamilnadu Housing Board,
Madras - 600 035.
fForv.rardfby orderl
Sd( )
SE('TION OFFICER
270
j
4. The tenders should be asked to deposit the tenders in the tender hex kept in
off"", and !he box shauld be closed and sealad by 10.30 am exactly on the
last date. The sealed box sbould be brought to the auction place before the
commencement of auction and the tend"", should be opened in the presence
of the tende<ed and details should be opened in the presence of the tenderer
and details should be entered in the Tend« Register.
5. The highest rate quoted in !he sealed tend« should be announced to bidders
and this amount or the upset rate so fixed by the lloBn1, whichever is higher
should be taken as upset amount of the auction.
6. The persons who have not submitted their tenders should also be allOWed to
participate in the auclion on payment of the E.MD of Rs.5,OOO/- in cash or.
Demand Draft for each plot separately.
1. The tenders submitted not in the prescribed application form can also be
conside<ed as valid one llI1d should not be rejected, if they are otherwise in
order. But the tende<ed submitted without EMD, shOUld he rejected,
however he can be allowed to participate in the auction on payment ofEMD.
If the number of plots to be sold are many in number, the Executive engineer
ASM. can stagger and restrict the number to be advertised and a single advertisement
should not cover too many plot He can advertise batch by bateh and dispose of one after
another SO as to ensure maximum reaJization from the sale. The A.8.MJthe Executive
Engineerlthe Executive Engineer and AdmInistrative Officer may include plots available in
more than one Tov.nfI'ownship in the advertisement and they will also see that no two
advertisement appear on the same date.
27t
J
The upset rates will be 100'10 over and above the ruling rate for non residential plots
fucing 80' roads and above and 75% over and above ruling Illte for plots facing 60' and
below:
However, uthe pioUs corner plot 10% will be added tathe cost.
IJ; in any cases, the highest rate quoted or Ill. highest bid amount is less that the
upset rate, Ille Executive Engin..... should forward such offers to the Board willl mazket
rate of the area and willl his recommendation to decide such offers.
If the Executive Engineers is of the opinion, after Ill. first tender eall/auction, that
the upset amount is too high, he can suggest • suitable rate Wcing into account of the local
market rate and rarer to the Board for • decision on the rate.
Before the fixation of upset price fur disposal of Shop sites and Commereial sites
the guideline value (present Market Rate) may be obtained from the concerned sub-registrar
office and it may be indicated in the prescribed proforma and sent to Board along with the
other documents for confirmation such as layout plan duly mazket willl FMB sktech.
272
Each participant in the auction should pay an E.M. Deposit of RB.5.0001- for each
plot in cashon the spot Of by D.D or cash receipt of Tamil Nadu Housing Board and none
will he allowed to participate in the aucnon without E.M.Deposit The pe!llons who have
submitted sealed tender with EMD need not pay any fresh deposit of the unsuecessful
bidders will be refunded immediately after the elose of the auction for whieh he has
submitted tenders. The deposit of the unsuecessful bidders will be refunded immediately
after the close of the aoonon. The EMD of the sUOOlSsful bidders will be retained and
adjusted towards the ba1anoe cost. and EMD of the un.successful bidder who backs out from
this bid will be forfeited.
The successful bidder should deposit 15% ofthe Bid price at the auction site and the
OOlance 35% within three weeks from the date of confirmation and the balance within 6
weeks from the date ofcontinuation. If the successful bidder backs out from payment of the
balance amount or fails to pay the balanee amount within the stipulated time. the allotment
will be cancelled and the EMD as well as the initial Deposit of 15% of the cost already paid
by the bidder shall be forfeited.
The Managing Director reserves the right to accept or reject any offer with or
without assigning any reason.
The bid of the sealed tender-cum-auction sheuld he properly tabulated and sent
along with the auetion documents and with recommendation of Allottee Serviee
ManagerlExecutive Engineer and Administrative Officers to the Chainrum and Managing
Director in the prescribed proforma in a sealed cover within three days from the date of
auction without fail for confumation ofthe Chairman and Managing Director.
The auction proposal wHI be placed before the allotment committee to take a
decisio:n.
The auction should be conducted at the towns wherein the plots are situated and the
orders to the highest bidder should be issued on the next day of the auction.
(Vide Board's Memo. No.RI/83488/9l dated 28.12.1991)
273
TANnL NADU HOUSNG BOARD
Circular No,R217423 190 Dated 30, 1.1990
Sub: Tamil Nadu Housing Board • Shops sites and Commercial sites - Disposal.
Instructions.
•••
On a review ofsaleable open spaces available with various unils of the Board, it was
fuund fuat a large number ofshop !rites and Commercial sites are available fur disposal, It is
therefore decided to sell them by sealad tender-<lUID-auction
SdIP.V.RAJARAMAN
Chairman & Managing Director
Enel:
To
All the Executive EngineerslExecutive Engineer and Administrative
Officers in City and Mofussil Units,
forwwedlbyorder
Sd( )
Superintendent
275
AGREEMENT FOR SALE OF SHOP CUM OFFICE
ACCOMMODATION UNDER OWN YOUR SHOI'SIOFFICE
ACCOMMODATION SCHEME
-
(OUTRIGHT PURCHASE)
_Ie
. THIS DEED OF AGREEMENT FOR SALE exOCUled .1 .............. " .................... this day of
20.......... between tho Tamil Nedu Housing _ . Body the ................................... Tamil
Nadu Housing Board. , ..".""""''',,. OMsioo acting under the authority writing granted to him by the
Board in this behalf in Its resolution No. "'....,......",dated ,.•." ........... " .......... ". authorising him to sign
thIs instrument and 00 behalf of the Board and having his offiCe at .........................................,
herelnafter called the VENDOR which term shall vmerever the context so permits. mean and inaude
his successors in interest and assIgns of tile ONE PART and Thiruffmt. ...•........•.•." ............ ..
SoruWIfe of ....... " ....... " ............ Residing at No...........,...... heralnafter called the PURCHASER
which term shall wherever the oonlaxt so permits, mean and indude h1slherlheires, executors,
adminislrattJrs and legal "'P""enlallves of the OTHER PART.
WHEREAS the VENDOR has ft'amed Improvement scheme under the Tamil Nadu Housing Board
Act of 1961 for acqulting building sites and erecting buildings thereon consisting of several shops &
office accommoda11on and selling each shop/office accommodation independently and separately.
WHEREAS In pursuance thereto the VENDOR has acquired bUilding sites under provisions of the
land Acquisition Act 1 of 1894 read with suitable modiflcations thereto under the provisions of the
Tamil Nadu Housing Board Ad and other legal acts. for the time being in force.
WHEREAS In terms of the scheme for the sate of shops/office accommodation the VENDOR will
vest land on which the buildings consisting of shops/office eccornmodation are put up 10 Housing
co-operative Society to be tormed by all the owners of shops/offICe accommodations in the Area and
such Housing Co--operative Society consisting of all lhe shopslofflCe accommodation owners as
members shall hold the Land joinlly on bellalf of Its members 10 proIect their rlghls. ptivileges and
benefits to be enjoyed by them in common and take over the mailten8f'lCe of the buildings and
amenities provided 10 them, subject to such covenant touching such formatIoo of Society under the
scheme.
WHEREAS in pursuance of the Land Development Scheme the VENDOR has constructed blocks of
shopslofflce accommodation in all that piece and parue! of land more parUcularty desciibed in !he
schedule hereunder and the respective blocks consisting of shopSIoffice accommodations thereon
described in the Schedule hereinafter referred to as s~ accommodation.
WHEREAS in pursuance of the land Developmenl Scheme tho VENDOR has constructed blocks of
shops/offlce accommodation in all that piece and parcel of land mOTe particularly OesCl"ibed in the
schedule hereunder and the respective blocks ooosisting of $hOpS/Offiee accommodattons thereon
deSClibed in the Schedule hereinafter refeJTed to as shop/office accommodation,
WHEREAS the Vendor has agreed to sell the shopS/office accommodations to the Purchaser and
the Purchaser has agreed to purchase the said shOps/oftlce accommodation more tully described in
276
the Schedule hereundel' on the terms and conditioos. express or implied, ~nafter contained.
1, UnW such time as the Vendor conveys and transfer the shoplofflCe accommodation to the
Purchaser as hereinafter stipulated Of until such time as the Safe Is detennined by !:he
Vendor as hereinafter 'ProWled', the Purchaser shaH be allowed to occupy shop/office
accommodation on the terms and conditions expressed or implied. hereinafter mentioned
from the date of this Indenture.
2, II is expressty agreed between the parties hereto that the Vendor shan hand over
possession of the shop/office accommodation to the Purdlaser only after the Purchaser has
paid the entire amounts specified.
3. It is expressively agreed between the parties hereto that !.he Vondor shall maintain the open
space and other comn:'oo amenities onty for a period for stx months from tha date of
issuance of the ragular allotment order to order to enable !he aIIott~ to form the
Registered Co-operatlva _ g Socie1y/_ _n regIsIenod u _ !he _las f>c.t.
1975, within six months period. 1he maintenance of the above amenHies on expiry'of the
period of six monlhs shall vast with such Society/Association. The purchaser sholl pay !he
vendor towards monthly service charges a sum of Rs.........,...............on or before 10th of
each month till the SOCletyIAss;x:iation Is - formed as mentioned and takes over tha
maintenance,
It is alsO express agreed between the parties hereto that at any time the Managing Director,
may in his role discreflon detennfne the Increase of the service charges 00 account of, increase in
expenditure for the rendering of the service end the service charges so fixed under this clause shan
be deemed to have become payable from the date at this indenture and the difference between the
servk:e charges already paid by the Purchaser and the increased service charges payable under this
dause shell be paid by the purchaser on demand to the Vendor,
4. The purchaser shall be liabfe to malntaJn the shop/office accommodation in good and
tenable repair and coodiUon; He/she shan be Liable to the Tamil Nadu Housing Board for the
damages' caused by rough, excessive other than normal or negligent use of the shoploffice
accommodation"
5, On the completion of the allotment of the shoplorr;ce accommodation of the scheme the
HOUsing Board will intimate the allottees of the scheme of the aforesaid completion of the
allOO'nent and regarding the total number of allotments made in respect of thaI scheme in
order to assist the aUottees to form the Co-operative SOciety within Six months time from the
dale of issuance of regular'allotment oroer to the respective allottees,
6, The purchaser shaN form an Association under the Tamil Nadu Societies Registration Act
1975 along with the other members of the shop/office accommodation in the scheme such
covenants and conditions as are approved by the Vendor in writing at the time of proposal
and framing of the bylaws of the said society or Association Registered under the provisions
of the reqUired Act.
7, From the date of taking possesston of the Schedule mentioned shop/office accommodation
the purchasers shall be liable to paya/l the rates taxes cesses and other out-goings payable
277
in respect of 111. Property to the Govemmen~ State or CeWaI. Corporation 01 and _ __
- any _ Local or other authority.
8. The purchaser shall be liable to maintain the property in good and tenabie repair and
condHions and shall carry out all repairs structural or otherwise and shall annually white
wash the flat 00 its internal Sides. The Vendor shaU be responsible for the maintenance of
the external portions of the block indtJdlng Its white washing once annually in additional to
the general maintenance WltII such time a co-()pOf8live SOOoty is lom1ed by the allotteeo of
this scheme.
9. The pur<l1a_ shalf pay ell cha'lJO$ of electricity for the shop/office accommodations direct
to Ihe Tamil Nodu EIec!riGlty Board.
10. The Tamil Nadu Housing Board of the vendor or any authorised representative of employee
of the vendor duly authOfis.ed by the Managing Director in that behalf shall be eotitfed at all
teasonable times to enter upon the shop/offICe accommodation and to inspect the same
from time to time, and alSo to carTY out such additions !Wi alternatlons of work Of works on
the premises as may be neces...-y in the Inte_ of the upkeep of structures and general
management unW such time a Co-opefative Society is formed by the aIloHees of this
scheme or on taBurs of the purdlaSet' or the Co-operaffve Society is' nof maintaining the
property In good and tenabl. condition.
11. If the purd1ase fans to CIIITY out any "",airs to the property which In the opinion 01 the
Managing Director of the Vendor are _sOl)' or If the flU1lhasor falls to pay any tax.. or
_ dues which under the terms 01 this Indanhlre the purchaser Is boUnd 10 pay. Ihe
vendor may carry out such repairs or make such payments on behalf of the purchaser. Such
repairs shall be effooted only after a notice in writing is given to the purchasef' by the vendor
and on the purchaser commllUng defau~ in oompIying with such noIIce.
12. The purchaser shall pay interest at ,.... per annum to the vendor 00 any payments made on
behalf of the pUrchaser by the vendor and which. WIder the terms of this i n _ the
purdlaser is bound to pay and on artj arrears of service or maintenance charges which
might be due and outstanding by the pur<:h..... without prejUdice 10 _ remedies open 10
the vendor.
13. The purchaser Shall nOi assign. sublet or part with the possession of the whole or any part of
the shop/office accommodation without the priQr written permissIon of the vendor.
14. The purchaser shall not make any additions or atteralions 10 the schedule mentioned
shop/office accommodation,
15. The pur'd1aser shall not use to the schedule menlioned shop/office accommodation directly
or indirectly for any other purpose except for the purpose of hislher commerQal shop/office
accommodations,
16. Sale deed Will be issued to the purchaser on settlement oftull cost but only afterformatioo of
the Registered Society/Association. registered under the SocietY_ Registration Act
17. The purchaser win pay to the vendor on demand Management charges, insurance and other
outgoings payable in respect of the property to the Government, state or Central
278
Corporation of and any other local or other authority, due and payable upto the
dale of the RegiSiralion of the Sale Deed as fixed by the Managing Director of the Vendor.
The registration charges, the stamp duty and other incidental expenses shall be borne by
the purchaser.
16, In case the Purchaser defaults in payng any of the amounts herein before provided on the
dates and period fixed of PB)TMI1t. The vendor may determine this agreement for sate and
on such determination the Purchaser shalf surrender the shopJoffioo accommodation the
Vendor Forthwith. The vendor shall afS() demand and the purchaser shaIJ e1so pay interest
on such outstanding amounts at ..,... per annum to be calculated from the date they
originally become due for payment
19. In case the Purchaser herein dies after the shopIofflce accommodation is handed over to
hlmJher and after paying the spedfied amounts and other dues regutarty to the Tamil Nadu
Housing Board, thQ' Vendor may in their option pennit the transfi;)r of the benerlt IJI"Ider this
scheme in favour of the legal heir, after obtaining an undertaking in Writing from hlmlhEtr that
helshe will not. save as hereinafter provided, transfer the benefit under the scheme or
otherwise or any interest therein by way of mortgage Of otherwise or the Trust {Board) or to
CO-<;Jperative Society.
20, The Vendor offers that shopIofflCe accommodation as it is l.If"Ider the scheme and it is the
express condition of this agreement that the purchaser agrees to take the schedule
mentioned shopsloft"ICe aooomrnodation as ~ Is with lull and definite knowIe<Ige of the nolure
and condition of the construction of and accommodation and amenities provided in the said
shopJoffice accommodation forms a part. The oc:cupation of the shopIotrlCa accommodation
!he Purdlaser will be wllh full knowledge of Its nature 01 constru<:tion""" Its condition and
neither the Purchaser nor any other person occupying the said shopioffice accommodation
and da!ming through hirnlhef any right shan not have any claim for compensation in any
manner whatsoever from the Vendor for any defects in const:rueUon structural or otherwise.
20.. ft is specifically agreed _ n 00!h the parties !hal ~ any slructure def_ <lev.lopes
within three years In the foundation or with In two yoM! In the super s1nJcture ftom the date
of allotment the TNHB will rectify the same at its cost If such defect develops after the
above said periods, it Is for the allottees 10 get the defects rectified at the cost.
21. Jf the Purchasercomits a breach of any of the terms end conditions, eXpressed or implied of
this indenture the Vendor shall be entitled but shall not be bound to cancel the allotment and
to determine the Agreement for Sate without Prejudice to the rights of the Vendor (i) to
recover from the PurChaser any Loss. which the Vendor mIght sustain consequent on the
breach of contract oommitted by the Plsctlaser and (if) to take evlction and for recovery of
arrears, proceedings under the provisions contemplated in the Tamil Nadu Housing Board
Act. 1961.
22. The Vendor, may but $hall not be bound on the determination of this Indenture for any
breach there of on the part of Purchaser sell the shop/office ac(';()mmooatlOn to any other
person by private sale or public aucttoo at the option of the Vendor and such terms and
conditions as the Secre~ of the Vendor deems fit and the Ptlrchaser wtlt be liable to pay in
addition to any amount payable as above mentioned. the difference between the price of the
prke of the shop/office accommodatjon her~n stipulated by the Vendor and the net price at
which the propertylShop/offlCe accommOdation may be sol(t If the property shopfoffice
279
accommodation is sold at a higher price, the Pun::haser shalf not be anti1Ied to the profits.
23. The Vendor has a jien on ali amounls paid by the Purchaser towards the purenase price of
the property shopIofflCe acc:orrJmOdatlOfl for all affiOoots payable to the Vendor under this
indenture and for any loss which the Vendor may sustain as a result of any breach by the
Purchaser of the terms and conditions of the Indenture and the Vendor shall be entitled to
adjust any such amounts paid by !he pun:l1aser againsl such los< and the balance Wany
after such adjustment will be refun<!_ to !he Il"rch......
24. The Vendor may "' accordance with torms and provisions with regaro to !he lransfer of !he
land lransl... all Ihal piece and parcel 01 Il1e Ian<! on which Il1e block 01 shopkJIfrce
accommodation are constructed in •.,.•. u on conditions as may be
. . . . . . . . . . . . . . . . . . . .. , . . . . . . . . . . . . . . . . . . . . .
necessary for transfen"ing the land and they may be caUed upon 10 execute such agreement
or other documents of the Sale Deed haYing reg.rd to ti1e policy 01 the Vendor In making
such transfer In fawur 0I1h. SocieIy to hold the lan<!, COOlman pelh ways elalrcasas .nd all
other amenities enjoyed in commOfl by aU the members of the said Co-operattve Housing
800aly of ........................................ are to hOld joInUy 01 its memberS to prolect their rights
privilege and other common ameoitles and benefits and on behalf to take over the
maintenance of the buiklings with the amenities subject to such covenants touching such
formation of Society under the scheme.
25. The _ _ shall not during the pendency oIlhls sa" Agreemen! an<! until the Sale Deed
is executed In favour of the Purdlaser by the Vendor enabling the pu'Chasef' to become the
full and true owner of the shopiofflOe accommodation In any manner whatsoever, assign
transfer Of deal with hlslher rights In I'a\Iour 01 third partios who are not parties to this
agreement. The-Vendor shai! not be bound to recognise any such transfer for assignment In
favour 0I1hird parties and nol with _log ..,ch purported assignment, done contrary to
these conditions, the purchaser shan continue to be liable Ie the Vendor for all the
®llgallons contained in this lndentura
26. lkltill:he execution of the final sale deed in favour of the Purchaser. the sd'ledule mentloned
shop/offlce accommodation remains !he property of the Temi NadU HousIng Boe<d "'0
shan be entitled to have: a name plate fixed on each of the said Flat or on the building of
which if forms part making the same as their property or to indicate the same In such other
manner as they deem fit.
27. In the event of the Tamil Nadu Housing Board becoming entitled to retake possession of the
said shopIoffice accommodation it shall be lawful for the Tamil Nedu Housing Board by its
authorised agent or agerrb:l: to enter into and open the shop! office accommodation or any
portion of its which will be in possession and occupation of the purchaser or any other
person not specifically named herein for the pufPOSe of retaking possession of the said
shop/office """""mooation end for tha! pUfPOSe Iff necessary) '" Break open all IQCI<s,
gates and doors whether exterior or intertot without berlg ~ 10 the purchaser for trespass
or othet'Wi$e and the TanU Nadu Housing Board shall be deemed to be hereby appointed as
the agent 01 the P<lrchaser fO/1hsaid purpose. It is expressiy undorntood and agreed that the
Tami! Nadu Housing Board shall be entitled to proceed against the pun::haser in case of
hislher detault for recovery of arrears or of service charges any compensation or the
proceeds of this Sale Agreement as it is under he arrears of Land Revenue under the
provisions of the Ad.
280
28, In all matters of doubt corn::am!ng and in respect of this indenture., the decisions of Managing
Director of the vendor shan be final and binomg 00 the pUtChasers;, Any cost incurred by the
vendor the Tamil Nadu Housing Board with regard to the construction of this: agreement or
any litigation or {;(l(N$pondence over It the same s~1 be paid by the purchaser seeking the
constructlon of proceeding in litigation or carrying on C".OfJ'eSpondence.
29. The purth_r shall be bound by the terms and COlldniOOS contemplated in the Application
Fonn and the ..as and regulations prescribed In the prospeclus of this Scheme which will
fomlpart and parcel of this Indenture. Further the purchaser shall also be bound by the
direcllons being gi1ren by the Managing Direclor from time tu time in the int....... of the
upkeep of the buildings and generel management
30. It is expressly agreement between the parties herein that the terms and conditions
expressed implied of this Agreement will be binding on the purchaser until a Sale Deed is
executed by the Vendor in favour of the purchaser.
IN WITNESS WHEREAS the Vendor and the purchaser have signed their hands on the
day, month end year first above written in the presence of WUttesses.
SCHEDULE
On the North by :
On the East by
On the West by
,,,,....,,...... ,,,.,,.lrNH8.
Lessor·Vendor.
281
(Named on 20 in the pressence)
Witness:
1.
2.
282
j
TAMIL NADU HOUSING BOARD
Sdl·M.KUTRAI,INGAM,
Managing Director.
Enel: Amlexure,
To
l(fmc Copy/!
Sd ( )
SLPERINU:NDENT.
283
TAMIL NADU HOUSING BOARD
,
Circular Memo No.P.2113195A1'93 Dal<>l: 6.9.95
Sub: Tamil Nadu Housing Board· Disposal of Public purpose sites and COnnnercial
sites· Certam -Instructions issued • Regarding.
The attention of the Executive Engineer and Administrative officers' and Allottee Service
Managers' of all City Divisions and Mofussil Units are invited to the Board's Circular Memo
No.P.2173195N93 dal<>l 6. 1.94, third cited wherein instructions have been issued not to reserve any
percentage in commercial sites and public purposes sites ll!"lder Government Discretionary Quota
and allot 100% by Tamil Nadu Housing Board as. per mtisting rules based on the Government
D.O.I..etter No.587491HB.4(I)i93-1 dal<>lS.l 1.93 ref""""", seoond cil<>l.
Now, the GovelUmen' in!etl.er No. 251251HB4 (1)/95-1, dal<>l27.6.95 fOU!1h cil<>l (copy
enclosed. for reference) have issued mnendment da!eting the earlier orders of Govam:ncot not to
reserve any percentage in comme:Jcial site. public pul"'JX)5e sites etc.. In view of the above
amendment, the lloaro's Circular Memo.No.P.2!78!95A193 dal<>l 6.1.94 issued to 8U
Divisionf!Nnits vide reference 3td <:ited is hereby withdrawn.
Sd!- V.'IHANGAVELU,
For Managing Director
To
II Forwarded: by orderll
Sd( )
SUPERiNTENDENT
284
Copyo!' Housing & Urban Development
Department, Secretariat
Madras - 600 009.
To
Sir,
Sub: Tamil Nadu Housing Board - Inspection of various scheme areas made by
Minister(H & U.D.) on5.IO.93lDs1ructions -Issued -Amendment-Issued.
AMEl'.'DMENT
Yours faithfully,
SdI- xxxxxx
For Joint Secretary to Government
IITrue copyll
SUPERlNTENDENT
285
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294
ALLOTMENT OF SCHOOL SlTEIl'UBllC PURPOSE STIES
/COMMERCIAL SITES
After examining all aspects in this matter the Government in G.0.Ms.No.622, Housing
and Urban Development Department, dated 26.9.94 (copy annexed) have issued the following
guidelines for allotment ofSchool Sites.
IL The successful bidder will have to pay only 50%. of!he site cost on the condition
that 50"10 ofthe site extent allotted will he kept as open space for play ground and will he open to
pUblic. No compound wall shall he permitted to he raised in !he 50"10 open space so that free
ac<;ess to public shall he available. If the entire school site is desired to he used by the a1l0tte0
educational institution then, !hey should pay the cost for the entire site. .
IlL The Educational institution should be started within a specific time and !he land
should he used for th~ pwpose of education only and a time limit of 2 years is stipulated for
commencing the construction walk and !he eostablisbmenl of!heschool.
The above G.O. stipulsting the gujdelines for allotment of school sites has been duly
communicated to all City DivisionsIMofussil Units vide Board's Memo. No.PlII8674192, dated
31.1 0.94 (coplyannexed).
In view of the above, it is ordered that in future, the gujdeIines issued in G.O.
Ms.No.622, Housing and Urban Development Departmen~ dated 26.9.94 should be fullowed
scrupulously for allotment ofschool sites in all the Housing BolUd schemes.
The Managing Director. Tamil Nadu Housing Board should submit necessary proposals
to Government for approval, after conducting the tender-cum-auction. The above guidelines
should be fullowed at the time of preqnalification as well as the time of sale of land as a pre
condition for allotment ofschool sites to Educational Institutions,
295
PUBLIC PURPOSE SITES
The Public PUlpose sites are being allotted fur construction of Medical
CentrelHospitalfI'emple/Cburch/Mosque and fur use as a Recreation Centre or fur the
Residential Association of the Tamil Nadu Housing Board Scheme etc., to religious
lnstitutionslpublic organisations or trusts.
Public pUlpose sites are allotted on the prevailing ruling rate fixed fur the residential
plots by the Board.
Sub: Tlimil Nadu Housing Board· Allotment of School sites to Educational lnstitution -
Guidelines isaeed - Reg.
Ref: G.O.Ms. No. 622, Housing & Url>an Dev. HBS(l)/Dept., dated 26.9.94.
Therefure all the EJ<ecutive E!lgineer&tAllottee Service Managers of City and Moffilliil
units are requested to fullow the guidelines issued in G.O.Ms. No.622, Hg & U.D. HBS{I)/Dept.
dated 26.9.94 while disposing school sites and send necessaty proposal to Board notice after
conductiog the tender<um-auction fur sending the proposal to Gov!. fur approval.
The receipt of this memo and G.O. No.622, dated 26.9.94 may be acknowledged at once.
SdI- S.sURYAN
fur Managing Director
Encl: CopyofG.O.No.622
dated 26.9.94.
To
Executive Engineers!Allottee Service Managers' of
City, Mofussil unils.
r",py to R.T.P. & J Sections.
Copy to Cbief Engineers (K) &
Copy to CbicfEngincer (P).
!Forwarded by order/
Sd ( )
Superintendent
296
GOVERNMENT OF TAMIL NADU
ABSTRACT
Housing" Tamil Nadu Housing Board Scheme areas in Madras City and Moffusil Towns"
Allotment of School sites to Educational Institutions" Guidelines" Orders " lssuoo.
ORDER
At present, Tamil Nadu Housing Board provides siles for schools, parirs, play spaces,
etc. in all the neighbourhood layouts, sites for the parlts and play _ are handed over to !he
local bodies, free of cost for maintenance. The school sites are treated as saleable areas and
different me!hods have been fuUowed hitherto allotting the school sites to the educational
institutions. In some cases. the School sites have been auctioned, in some cases commercial rates
(i.e.) I Y, times !he nonnal residential """" were charged by !he Tamil Nadu Housing Boan!. But
no guidelines were followed in selecting the institutions for allotment of school ,ites and
whoever agrees to pay the rates, fixed by Tamil Nadu Housing Board, were allotted the school
sites. Some ofthe institutions, which have been allotted the school sites, faited to make payment
of the cost. In such cases, the Tamil Nadu Housing Board could not any effective steps to
recover the cost from 51JCh defaulters, as they are established educational institutions.
(1). A limited tender-cum~auction system may be resorted to and the Upset price rate may
be fIXed at 1.75 times the ruling residential rate per ground in the year of allotment under each
area, in Madras city and at 1.2 times the ruiing residential rate 1n Moffusil area, and tbe site he
allotl:ed to the highest bidder in the tender-cum-auction subject to the following conditions.
297
a) the school management should be a registered body;
b) the school management should be non-profit making educational institution;
c) the school management should be financially sound enough to mise the school
building within the time stipulated;
II) The successful bidder will have to pay only 50'10 of the site cost on the condition
that 50% of the site extent allotted will be kept as open space for play ground and will be open to
public. No compound wall shall be permitted to be I1lised in the 50% open space so that free
access to public shall be avallahle. If the entire school site is desired to be used by the allottee
educational institution !b.." they should pay the cost for the entire site;
Ill) The educational institution should be started within a specific time and the land
should be used for the purpose of education only and a time limit of 2 :years is stipulated for
commencing lIle construction work and the establishment of the schoo).
4, The Government also direct the Managing Director, Tamil Nadu Housing Board
to submit nccesslllY proposals to Government for approval, after conducting the tander-cum
auction. The guidelines issued in paragraph 3 shove shall be followed at the time of pre
qualification, as well as at the time of sale of land as per conditioIl3 for allotment of School site
to educational institutions.
5. This order iBsues with lIle concurrence ofFinsnce Department vide its no. No.
5467AIFSIP193 dated 30,9,93,
L.N.VLlAYARAGHAVAN
Secretary to Government.
To
!True copyl
Sd ( )
Superintendent
298
GUIDELINES FOR ISSUE OF SALE DEED IN RESPECT OF
COMMERCIAL SITESISHOP SITESISCHOOLSITESlPUBLlC
PURPOSE SUES
I. CommerclaVshop sites
The sale deed shall be issued on payment of full cost with interest if any, with the
followiog conditions:
a) The site alloued shall be utilized only for the purpose for which it was allotted.
b) Shall have an approved plan.
2. The sale deed for school site shall be issued after the fullowiog requirements are
fulfilled.
a) Payment offull cost with interest if any.
b) The plan fur the school shall be got approved by the planning BUthority/Local
body.
c) The school building is constructed and
d) The school starts functioning.
Conditional sale deed sball be issued to the a1lottees of the school sites on outright
purcbeselhlre purchase if they have paid the full cost with'interest if any with the following
conditions incorporated in the sale deed.
a) The site shall be utilized only fur the purpose for which it was allotted.
b) Shall have an approved plan ftom the localanthority concerned.
Release deed shall be issued only after the cons1ruction of school bWlding and function
as a school.
The sale deed will be issued only after the consll1.lction of the building for which it was
allotted and after obtaining the approved plan from the loc,aVplanning authority and the building
put to use the purpose for which it was aIlotted.
Conditional sale deed will be issued provided full cost is paid with interest if any
incorporating the following conditions in the sale deed.
a} The site shall be utilized only for the purpose for which it was
allowed.
b) Shall have an approved plan by the local authority.
c) Release deed will be issued only after the construction of the building for which
the site was allotted as per the approved plan and the plot to use fur the purpose
for which the plot was allotted
299
TAMIL NADU HOUSING BOARD
Sub: TNHB - issue of sale deed in respect of commexciallshops sites - Sebool sites public
purpose plots - guidelines fur the issue of sale deed - Regarding.
Proposal was placed before the board .in its meeting beld on 4.10.91 for issue of
guidelines for the issue of sale deed and the Board in its resolution No.9.01, dated 4.10.91 has
approved the following guideline for the issue ofsale deed.
1. COMMERCIAUSHOP SITES
The sale deed shall be issued on payment of full cost with interest if any.
Following conditions will be incorporated in the sale deed.
I. The site allotted shall be utilised ordy fOf the purpose for which it was allotted.
2. Shall have an approved plan.
2. SCHOOL SITES
The sale deed fur school sites shall be issued after the fullowing requirements are
fulfilled.
Conditional sale deed shall he issued 10 allotees of the school site on outright
• plU'chaselhirc pwohase if they have paid the full cost with interest if any with the fullowing
conditions incorporated in the sale deed.
I. The site shall be utilised only for the pwpose for which it was allotted.
2. Shall have an approved plan from the local authority concerned.
Released deed shall be issued only after the construction of scbool building and function
as a school.
The sale deed will be issued only after the constru<:tion of the building for which it was
allotted and after obtaining the approved plan from the locallplanning authority and the building
put to use for the purpose for which it was allotted.
Conditional sale deed will be issued provided full cost is paid with interest if any
incorporating the fullowing condition in the sale deed.
300
I, The site shall be utilised only for the pU!pOse for which it was allotted.
2. Shall have an approved plan by the local authority concerned,
Release Deed will be issued only after the construction of the buHding for which the site
", was allotted as per the approved plan and the plot put to use for the purpose fur which the plot
was allotted,
Sale deed will be issued after collecting full cost with the condition that the site shaU be
utilised only for the purpose fOT which it was ~Hotted"
Above conditions shall be scruplously followed without any deviation by all the
Executive Engineers and Allottee service Managers. A copy of the Board's Resolution to getting
with the note for the Board enclosed... The receipt ofthis circular memo be aeknowledged.
SdI- R.SAMPATH
, <
•\
To
Special Division J
-~
Besant Nagar Division
Copy to all Superintending Engineers of
Tamil Nadu Housing Board.
Copy to : S.F.
!Forwarded by order!
~
I, Sd ( )
SUPERINTENDENT
j
!•,
,
30l
Memo No,A2/51922194,
Sub: TNHB - Co-ordinatlon - Salem Housing Unit - Is:me'of sale deed in respeet of
commercial i shop sites! Guidelines issued - Regarding.
Ref; Exe. Engr. & Adm. Offieer, Salem Housing Unit, Lr. No.Rl!17194193,
ot02.08.1994.
The attention of the Ex~ Engr. & Adm. Officer. Salem Housing Unit is drawn to the
reference Clted.
1. The site allotted shaH be utilised onJy for the purpose forv.ruch it was allotted.
2. Shall have an approved plan.
- So, the above two conditions should be incorporated in the sale deed.
The intention is that even before the allottee has an approved plan, the sale deet;J shall be
issued in-corporating the condition in the sale deed that the aHottce shall have an approved plan,
In other words, the approved pJan nee-d not be insisted from the allottee for issuing sale
deed.
SM- M.KAlJAPPA,'i
For Managing Direc,tor.
To
SUPERINTENDEI\T
302
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303
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304
(1) 26.9.94 " • ..!IL<.. d':'® 6lJojI ~'" ""w!.llll QJ"'.~""1ll ~~6'_
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305
D.O.Letter No.Allot.JI· 7145883/03 Dated: 3.1.04
My dear
Sub: Tamil Nadu Housing Board - Conversion of Unsold commercial, school and J
other public purpose sites into saleable categories and to dispose them in
accordance with the prevailing market rates - Orders issued - Follow up action
Regarding.
2. I request you to send the l~st ofunsold commercial, school and other public purpose sites
available in your Division. which are comming under the 'ambit of the G.O. Cited above
along with the proposals for price fixation with complete details on or before 10.1.2004
so as obtain the clearance from the Pricing Committee for the upset priee. As soon as the
upset price is approved by the Pricing Committee) you are requested to take immediate
action to sell the above sites on open auction and to send the highest bid to the Board for
confinnation.
I
I
3. In case of unsold commercial, school, and other public PlUpOsc sites for which there is
no demand even after completing the above procedure, you are requested to send
conversion proposals to the Board for the above sites into suitable saleable
categoriesl~Jease ensure that this process is also,complet¢ on or before 31-1-2604 after
• forrowing the instructions issued in para 2 above. To any false or omission y<)U will be
held personally responsible and severe disciplinary action will be initialed and finalized
at the earliest.
4. You are requested to act swiftly to dispose the unsold commercial, school and other
public purpose -sites based on the above instructions. Any lapse in the follow up of the
above instructions wili be viewed seriously.
Yours sincerely,
(SURJIT K. CHAUDHARy)
To
Thiru.
Executive Engineer & Adm. Officer
Tamil >Jadu Housing Board
306
TAMiL NADU HOUSiNG BOARD
NOTE FOR THE BOARD
Sub: Tamil Nadu Housing Board· Conversion of unsold CommerciaJ, School and
Other Public PUIpose sites into suitable saleable categories and to dispose them
in HCCQrdance with the prevailing marlcet rates - Government Order - Placed
before the Board for infonnation- Regarding.
(Allotll-7/45883/03 )
Tamil NOOu Housing Board has been following certain guideHnes in fixing the selling
price of commercial, school and other publie ru.rpose sites. A premium 0[20% to 100% is added
over and above the ruling rate for restdentia plot depending upon the location of commercial,
school and other public pUIpOSe sites in the layout
Due to slump in real estate mmet, many of the commercial, school and other public
purpose sites are remaining unsold in the schemes develOJ)ed by Tamil Nadu Housing Board
thrOughout Tamil Nadu. In view of the huge capital locked up, the allotment procedure to
dispose these sites has to be reconsidered so that the above sites could be sold
The above subject was taken up fur review by the Honourable Chief Minister on
30.07.2003. Dwing the discussion the pl'OlXlS'!l ror conversion of unsold commercial, school and
other public purpose site into suitable saIeable categories and to dispoSf: them by keeping in
mind the market rates prevailing such categories was agreed to.
The Government in G.O.Ms.No.263 (H&UD) dated 22.lO.03 had issued oroem as
follows;
i) The Government direct that the Government Oroers specified in Paras 2,3 & 4
are amended in order that no premium is fixed. 11le Government also direct that
the sites shall be sold keeping in mind the prevailing market rates. .
ii) The Government hereby permit the Tamil Nadu Housing Board to take suitable
action for conversion of unsold. commercial, school and other public purpose site
which arc unutilized without seeking the orders of the Government.
iii) The Tamil Nadu Housing Board is however, directed to obtain approval of the
Board in each case.
The Govenunent Order is placed before the Board for infonnation,
t,
)
SURJIT K. CHAUDHARY,
lOJ 1.2003
MA.NAGlNG DIRECTOR
i Resolution No.9.09 dL 18. I I .2003.
"Board resoived to approve the rates based on the guideline value or market value
whichever is higber as upset price for auclilln. The Board further resolved that all sales will be
subject to confinnation by the Board.
//TRUECOPYII
Sd ( )
• A.E.E. (SpLCeU)
,•
307
ABSTRACT
Tamil t>;adu Housing Board ~ Conversion of unsold Commercial~ Schools and other PuMic
purpose sites into suitable. saleable categories and to· dispose them in accordance with the
prevailing market rates-orders-issued,
Read again ;
I. G.O.Ms.No.839, Housing & U.D, dated 06.10.1993.
2. G.O.Ms.No.622, Housing & U.D, dated 26.09.1994.
3. G.O.Ms.No.209, Housing & U.D, dated 20.08.2002.
4. G.O.Ms.No.23, Housing & U.D, dated 13.01.1997.
Read Also :
5. From the Managing Director, Tamil Nadu Housing Board,
- ORDER:
D.O.u.No.Allotment 2(7)145883103, dated 28.08.2003.
•
Tamil Nadu Housing Board has been following certain guide lines in fixing the upset
price of the Commercial, School and other public purpose sites based on the Government orders
for selling them through sealed offer cum open auction. The following procedures are being
adopted by the Tamil Nadu Heusing Board for fixing the upset prices of commercial school and
other public purpose sites.
c) However if the plot is a corner plot 100/0 will be added to the cost
308
used by the allottee educational institution. then, they should pay the COSl for the entire site.
However~ the Government in its order G.O.Ms.No.209 Housing and Urban Development
j
Department, dated 20.08.2002 has ordered among other things that the bidder should pay fur the
100''' land extent instead of 50"/0 and the 50% of the land extent should be kept open as play
space.
5. The shove oondinollS of fixing premium for the sale ofoommercial, school and public
purpose siles are found detrimental for the disposal of the ahove unsold sites.
6. Due to slump in the real estate ma:ket, many of the commereial, school and other
I public purpose sites are remaining unsold in the schemes developed by Tamil Nadu Housing
I Board throughout Tamil Nadu. In view of the huge capilallocked up, the allotment procedure to
dispose ofthese sites has to be reconsidered so that the above sites could be sold.
7. The shove subject was taken for dis<ussion by Hon'ble Chief Minister on 3L07.2003.
During the discussion Tamil Nadu Housing Board request for the conversion of commercial.
school and other public purpose sites into suitable salable categories and to dispose them by
keeping in mind the market rates prevailing fur such categories was agreed to.
9. In order to convert the unsold commercial, school and other publIC purpose sites into
saleable categories and to dispose them in accordance with the prevailing market rates, the
Managing Director. Tamil Nadu Housing Board, has requested the orders ofGovemment in the
following:
309
ii) To authorise Tamil Nadu Housing Board to take suilable action fur conversion of
unsold commereial, school and oIher public pnrpnSe sites without seeking the
Government orders.
10. The Goverrunent have examined the proposal referred to in para 9 above and after
careful consideration, pass the following orders:
i) The Govemmennlirect that the Government orders """,ified in paras 2,3 and 4
are amended, in olller thal no premium is fixed. The Govermnent also direct that
the sites shall be sold keeping in mind Ole prevailing market rates,
ii) The Government hereby permit the Tamil Nadu Housing Board to take suitable
action for conversion of unsold. commercial scltooi and other public purpose
sites which are Wlutilised without seeking the orders ofGovernment.
iii) The Tamil Nadu Housing Board is however, directed to obtain approval of their
Board in respect ofeach case,
To
!!Forwarded By Order!!
Sd ( )
SECTION OFFICER
310
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CIRCULAR No.I-1/491188 dated 01.10.89
Sub: TNHB - Pricing of Hous. sites, Commercial oils - Adoption of extra levy
Regarding.
The Board in Resolution No.l6 dated 28.7.89 resolved to adopt the following guideline
in pricing the land in future. .
COMMERCIAL SITES
a. Located in 80' Road & above : To be allotted in auction only fixing the upset
price at 100% over and above the ruling rate.
b. Located in 60' and bciow To be allotted in auctlqR only fixing the upset
price at 75% over and above !he ruling rate.
Further the plotS/sites utilised for construction of stalls/shopS/flaWhouses etc., for rental
p _ the land cost be adopted taliing into accoun~ the final coS! of the landfixed for the
respective scheme area by edding simple interest at every years ruling rate ofinterest.
Hence .11 the Executive Engineer & Adrninis1J:ative Officer and Superintending
Engineer's ofTamil Nadu Housing Board may be requested to adopt the above proposed prieing
policy without any omission,
SdI- N.THANGARATNAVELU
for Chalrman & M... aging Director
To:
337
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341
TAMIL NAnU HOUSING BOARD
Sub: Tamil Nadu Housing Board - Allotment Section - Collection of Fees ~ Upcard revision
Orders issued· Regarding.
u.
The following foes are being collected from the allotlees ofPlotsIFlatslHouses.
c. Penalty to be collected from allottoes who choose to withdraw. al101ment after payment
of initial deposit but before taking over possession oftbe unit
The fees were finalised some year ago and needs to be revised considering the increase
jn various costs.
l. AP. Plot 15 50
2. Plot, I to 1.5 grounds 75 200
3. Plots above 1.5 grounds 150 300
4. Commercial Plots 250 1000
5. EWS FIatsmouses 15 50
6. LIG Flats/Houses 45 100
7. MIG FlatslHouses 75 200
8. H1G FlatsIHouses 150 300
342
II. Fee for change of FlatIHou,eIPIot
343
All the Executive Engineer & Administrative Officers'/Executive Engineersl/AlJoltee
Service Managers' of City Divisions and Moffusil Units are requested to adhere to the above
revision of the (ees with inunediate effect
•
The receipt of the Drcular may be acJrnowledged<
Copy!o:
All Chief Engioeers'
Copy to ; AU Superintending Engineers' of Tamil Nadu Housing Board,
., : L.F.Accounts, Tamil Nadu Housing Board, Chennai - 35,
344
" " Allotment 1, 2 3 &4Section (6 copies each)
1F00warded by order!
SUPERlNTENIJRNT
345
J;..n: 11.11.2002
•
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10.10.2002
347
TAMIL NADU HOUSING BOARD
Ref: L G.0.Ms.No.634 Housing and Urban Dav, Dept. dt.l 8,09,1 992,
2, Boards Circular Memo No.P2I67187192. dt.l5.l1 J 992.
3. G.0,Ms.No249 Housing and Urban Dav, Dept. dt23,02.1995.
"The Government after careful consideration of the proposal, direct that mteres1: at 8% be
calculated and paid to the allottees for initial deposits or more paid by them to the Tamil Nedu
Housing Board from the date of payment till the date of receipt of intimation by the allottees
infunning that the, houses/flats are ready fur occupation or till the date of banding over of the
flatslhouses whichever is earlier in respect of all eases where payment was made by the alJottees
,onorafterll,04J986", '
SdI· V,THANGAVELU,
For Managing Director
To
348
Copy 10 R.P.T.I - Sections.
" P.C. to DeputySecretaryl
Asst. Secretary (Co-Ordn.)
" Cost Accountant, Tamil Nadu Housing Board, Madras-35.
" Deputy Chief Acoounts Officer, Audit,
Tamil Nadu Housing Board, Madras-35.
" P.e. to Secretary & Pernonnel Officer
" P,C. to Financiat Adviser
" All Superintending Engineers' of
Tamil Nadu Housing Board Circles.
!!Forwarded : by order!/
SUPERINTENDENT
349
ABSTRACT
Copy of:
ORDER
In the G.O.first read above, it has been ordered that interest at the rate of 8% be paid to
the allottees for the initial deposit or more paid by them to the lNHB, till the date of handing
over of the flatlbouses in respect of all =os where pa)'ll1ent was made by the alloltees on or
after 11.04.1986. the Managing Director, Tamil Nadu Housing Board in his letter second read
above, has reported that eventhough the dates of ready fur occupation of flatslhouses were
already intimated to the allottees, they would have been reluctant to take oyer the flatsihollses
for various reasons and oonsequendYJ there will be delay on the part of the a110ttees in laking
over of this flatslbouses. He has also stated that in such of those cases, where the doles of ready
for occupation of the flats/houses were infonned to the allottees, but the allottees delay in taking
over the flatslhouses due to various reasons, it whould be proper and appropriate that the interest
at 8% should be calculated and paid till the dale of ready for occupation only aiId not till the date
of handing (lver of the flatihouse, He has, therefore, suggested to issue an amendment to the
above said G.O. that the interest at 8% be paid to the allottee fur Initial deposit or more paid by
them to the Tamil Nadu Housing Board from the date of pa)'ll1ent till the date of ready for
occupation Or till the date ofhanding over (lfthe flatihouse whichever is earlier,
2, The Government, after eareful consideration and in modification of the orders issued
in G.O.Ms.No.634, Housing & Urban Developmen~ dated 18.09.1992, first read above, issue
the following amendment to the above G.O.
AMENDMENT
350
4, This order issued "tith the concurrence of the Finance Department vide its
U.O.No.23102IHousing & Uroan Development 193-1, dt.09.03.!993.
Sd/-L.N.VIJAYARAGHAVAN
Secretary to Government
To
Irrrue Copyl!
SUPERlNTENDENT
351
TAMIL NADU HOUSING BOARD
Sub: Tamil NOOu Housing Board - Costing - Gumge of interest rate payable to
allottees on the deposit and under Demand Assessment scheme (Registration
Scheme) from 8% to 40/.. -orders issued.
A copy of the G.O. in the reference cited is enclosed. (copy annexed) wherein the
Goverrunent have approved the proposal for reducing the interest rate payable to the allotters on
the payment of entire cost ofFl.tlHous<'iPlot from the date of payment 10 Ready for occupation
or handing over of the FlatfHouseIPlot whichever is earlier and Wlder the Demand Assessment
Scheme (Registration Scheme) from 8% to 4% and to implement it for new scheme
commencing from 01.01.2003.
Enc1 : As above.
{!Forwarded by orderl!
Divisional Accountant
•
352
CopyofG.O.
ABSTRACT
Tamil Nadu Housing Board ~ Change of interest rate payaMe to allottees on the Deposit
amount and under Demand Assessment Scheme (Registration Scheme) from &% to 4% ~ Orders
issued,
ORDERS :
As per the orders issued in Government letter (MS) first and above the Tamil Nadu
t
Housing Board, is paying &% interest to the allottees where the entire cost has been collected
even before the completion of construction or handing over the flatlhouse to the allottee
whichever is earlier. As per the orders issued in the G.O. second read above the Tamil Nadu
Housing Board, is payfug 8% interest to the allo!tees, for the Demand Assessment scheme
(registration scheme) from the date of registration till the date of allotment ofthe f1atlhouseJplot.
2. In the letter third read above the Managing Director, Tamil NOOu Housing Board has
proposed as foUows:
In the recenl times the Bank and the financial institutions have reduced the rate of
interest to the customers on their deposits. The Board in its Resolution No,06.02 dated
27.12.2002 has approved the proposal for reducing the rate of interest payable to the allottees on
the entire cost ofF1atIHousfIPlot and under Dernami Assessment Scheme (Registration Seheme)
prescribed in the Letter (Ms) and G.O.first and second read ahove from 8% to 4% and to
implement these rates for the new schemes commencing from 01.01.2003.
3. The Mmlaging Director, Tamil NOOu Housing Board, has therefore requested the
·Gavcmrnent far approval ofthe proposal fOT reducing the interest rate payable to allottees on the
entire cost ofFlatlHouseIPlot and under the Demand Assessment Scheme (Registration Scheme)
from 8% to 4% and to implement it for the neW schemecornmcncing from 01.0t.2003.
4. The Government after careful consideration approve the above proposal of the
Managing Director, Tamil Nadu Housing Board and accordingly direct that the interest rate
payable to allottees on the colire cost of the FlatIHouselPlot and onder Demand Assessment
Scheme (Registration Scheme) be redueed from 8% to 4% and implemented for the new scheme
commencing from 01.01.2003.
353
5. This order issues with the concurrence of Finance Department vide its
U.O.No.60ISIBPE.2003, dated 13.02.2003.
Copy to ,
Divisional Accountant.
354
®!Dluu."""" "''''''. ~LIll14 0118/2000 !!l,m, 13.09.02
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355
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357
.,
ITM NO. 11.07
212004
Sub: TNHB - T.P. Seclion - Arn ....valhi flat owners Association - N.O.C. issued for
demolition and Reconstruction ofBlock No.l2 atP.T. RAlAN Sal.i, K.K. Nagar
- Condition No.3 ofNOC quashed by the Hon'ble High Court - ModificJrtion of
. condition - placed befure the Board for approval - Regarding.
(File No.TP-ln0629!03)
The N.O.C. for the demolition and reconstruction ofblock No.12 at Dr. P.T. Rajan Sal.i,
K.K Nagar was issued to Amaravatrn fiat owners Association, subject to the usual conditions as
approved bY the Board in its resolution No.1 1.01 , dated 27.6.03 (Annexure -I).
Condition No.3 of the above N.O.C. states that the No. of dwelling units proposed 10 be
constructed should not excced the No. of flats in existence. The set back around the buildmg
shouk! be retained as already provided to the existing building. The proposed building should be
designed within the F.S.l. pennissible as per the D.CR.
Now the Amaravathi flat owners Association have represented to this office and
infonned thaI even though they are eligible for the maximum utilization of their site as per DCR,
the condition No.3 of above N.O.C. restricts them, for such utilization and hence they have
requested to issue N.O.C. in umestricted way. so as to enable them to construct new flats within
the F.S.L pennissible as per the D.CR. ofCM.D.A.
In the above cireumstances the condition No.3 of the N.O.C. may be modified as per the
court order as stated helow condition No.3 (modified) : The CMDA is the authority for
permitting the eligible construction activity as per the DCR and the TNHB will nto ohject such
activities if they are =mmodated with in the boundry of undivided share of land pertainirnng
to this block: as shown in the enclosed orientation steich.
Annexure - 2 Nos.
SURJIT K. CHAUDHARY
21.2.2004
MA.NAGING DIRECTOR
358
BR.NO. 11.07 Dated 24.2.2004
Board reso1ved to delete condition No.3. Board also directed to follow the same
procedure in future in similar cases.
I True copy I
Sd ( )
Chairman
Tamil Nadu Housing Board
359
PROCEDURE FOR REGISTRATION SCHEME /DEMAND ASSESSMENT
In the registration scheme the enttre cost of the scheme is met from Board's funds or
other financial institutions and the aUotment is made to the registered applicants by drawal of
lots according to percentage of various eategories on usual terms and conditions either under
Hire purchase or Outright purchase basis.
Each applicant in the registration scheme should deposit in cash or through DD the
following registration fee:
~ The registration fee for different typs: of residential plots for outside Madras, I.e.,
Madurai, Coimbatore and Tiruehi etc., shall be as foUows:~
The deposit will be with the Housing Board for a period of throe years or till the period
of completion of the house I flats or development of plots whichever is earlier. The deposits will
carry interest at 8% {eight percent) simple interest per annum till the date of ready for
occupation. Withdrawal of deposit before the expiry of one year shall not be allowed. In
exeeptional cases, if withdrawal is allowed, no interest will be paid..
•
No registration under demand assessment is permissible after the construction is started
and the no registration fee as stipulated in G.Q.Ms.No.750, dated 27.05.1986 and
G.QMs.No.l22, dated 03.02.1990 should be collected. In this case when the construction of
~ houses is nearing completion. applications may be called for and only Non Refundable
Registration Fee needs to be collected.
Each family should not send more than one application, If at a later date. it was {oWld
that a particular family has sent more than one application. a penalty of 50% of the Registration
360
fee will be imposed and also the the application will be rejected and the housesitlaWplots if ay
allotted will be """celled andresumed for reallotment to other ligible applicants by the lot
system,
All applications registered for the flats I houses I plots are to be allotted, Form these
applications 100% will be selected for allotment and 30"10 will be kept in the waiting list
bydrawal oflot and the deposits will be returned to aU the unselected I unsuccessful applicants,
Nonnally the refund should be made to aU unsuccessful applicants immediately without any
dealy. A refund voucher fOIm may be enclosed in the application in the event of non selection in
lot (board'. Circular Memo No,P2J55825/86 dated 3L10.1991), The selecled applicants will be
intimated the sale price and other conditions of sale together with their plan and layout of the
proposed construction and the beuse I Flat I Plot number allotted, The initial deposits will have
to be paid by the selected applicants and the applicants will have a ciUl!lce to withdraw and tbe
deposits will be refunded after reduction ofadrninistrntive charges as under:·
In respect of schemes nearing complction / completed. for which applications are called
fur allotment, the cost and other details finalised by the cost Fina1lsation Committee of the Board
should ulan be appended to the advertisement issued in the newspaper,
361
COPY OF
GOVERNMENT OFTAMILNADU
ABSTRACT
The Chariman, Tamil Nedu Housing Board has forwanled proposal for making certain
changesin the mode of demand assessment to make the existing pattern more realistic and
infuIliable to avoid loss of return from the inves1ments of the Board and has requested the
Government to approve the proposal as a scheme of Registration. The Board in its colution
No.14, dated 28.11.85 has approved the proposal and the Chairman, Tamil Nedu Housing Board
with cenaln modifications.
2. The Govenunent afler careful consideradon, prove the proposal of the Chairman,
Tamil Nedu Housing Board for making certain changes in the existing assessment of demand
and replacing it by a scheme of Registration as detailed in the Annexure to this order. The rate of
interest to be paid by the Tamil Nedu Housing Board towards the deposits will be at 8"" (Eight
percent) instead of7% percent) as suggested by the Board.
3. This arder will tak immediate effect for all schemes for which applications are to be
called for.
4. This order issues with the concurrence of the Finance Department • Vide its
U.0.No.1134IFSI86, dt.13.3.06.
K.DHARMARAJAN
COMMJSSIONER & SECRTARY TO OOVERNMEI\'T
Sd ( )
SECTION OFFICER
362
ANNEXURE
iii. Each applicant should deposit in cash or through crossed demand draft addressed to
the perceptive Engineer Adrnirristrative officer concerned as specified below for registration.
Higher Income group Rs.5,OOOf- (Rs.Five thousant)
• Hiddle Income group Rs.3,0001- (Rs.Three thousand)
Low Income group Rs.2,0001- (Rs.Two thousands)
The deposit will be with the Housing Board for a period of three years or rill the period of
whichever completion of houses/flats or development of plots earlier is. The deposits will carry
interest at 8% (Eight percent) simple interest per annum which will be adjusted in the initial
deposit of the cost of the fiatlhouselplots. ",thdrawal of deposit before the expiry of one year
shall be allowed. In exceptional cased, ifwithdrawal is no interest will be paid in such cases.
iv, Each family should not send more than one application application If at a later date, it
was found out that a family has sent more than one application, penalty of 50% of the
Registration fee will be imposed also the applications mil be rejected and .11 the
houseslFlatslPlots if any allotted will be cancelled and resumed for reallotment to other eligible
applicants as per lofsystem and availability based on the existing rules.
v. All applications will be registered for the houses/plots to be allotted by drawal oflots,
From these aplications, 100''' will be selected and 30% will be the waiting list through the
drawal of the and the deposits will be rel1Jrt!ed to all the unselected applicants. The selected
applicants will be intirniated the sale price and other conditions of sale together with theirptan
and layout of the proposed cons!ruction and the door No) Flat NoJPlot No. allotted. The initial
deposits will have to be paid by the selected applicants within 30 days of allotment order. lne
seJected applicants will have a chance to withdraw and the deposits will be refunded after
deduction of administrative charges as under:
363
.
Rs.5OOI- in the case of H.I.G
Rs.3001- in the case ofM.LG.
Rs.IOOi-in the case of L.I.G
vi. The same procedure will be adopted for self financing scheme in which case the
registrants win have to pay 25% ?f the a cost of the houses inclusive of registration fee and
interest hefore the commencement of the work, the balance 75% being paid in 3 equal
instalments in every 4 months after the commencement of work, Allov..1ng t\\'O years speriod of
moratorium for the money advanced in self~financing scheme, if the houses are not handed over
within the period, interest at 8% (Eight percent) will he paid to the beneficiaries fur the extended
period only.
vii. The Secretary and Personnel officer, Tamil Nadu HOUSing Board ",ill draft fresh
application formats for calling advertisements through n""~ papers in consultation with legal
adviser imrnediately and take further action.
K. DHARMARAJAN
COMMlSSlONER & SECRETARY TO GOVERc'lMENT
cs23389
364
. .
GOVERNMENT OF TAMIL NADU
ABSTRACT
Housing - Tamil Nedu Housing Board - Implimantion of Housing schemes in 500 Towers
during 1989-96 Quantum of deposit Reduced - orders - issued.
--------"---------
HOUSING AND URBAN DEVELOPMENT DEPARTMENT
ORDER
In Government order first read above, orders were issued to collect a sum ofRs.5000l~
for HIG, Rs.30001- for MIG and Rs.2,OOO/- for LIG along with epplicalions of Tamil Nadu
Housjng Boatd from all the applieants as registration fees subject to certain terms and condition.
3. RocentlY. in the Government order third read above necessary instructions guidelines
have been issued by Government for implementation of housing schemes in 500 Small and
Medium towns during 1989-% through the Housing Agencies (viz.) Tamil Nadu Housing
Board, Tamil Nadu Co--operative Housing Fkleration by obtaining necessary financial assistance
from Housing and Urban Development Corporation. Housing Development Financial
corporation, Unit Trust ofIndia, Life Insurance Corporation etc.
4, In this connection, the Chitman & Managing Director, Tamll Nadu Housing Board
has reported that for the implementation of such massive housing schemes actual demand has to
be assessed. Hither to, demand is assessed by calling for applications duly backed up by
remislance of deposits of Rs. 5,000. Rs.3,OOO/- and Rs.2,OOOl- respectively for HIG, MIG and
365
UG categories. He has further stated that the present slab stlllcture of deposits is considered
high for the SmalllUld Medium Towns. Tberefore, he has requemed that the amount prescribed
in Government order first road, above many be revised and the initial deposit may be reduced as
follows (Le.) Rs. 2000 for !fiG, Rs.1,5001· for MIG IUld Rs.l,OOO!- forUG in the case of small
and Medium Towns. He has however suggested that old deposit rates may continue fox Madras
Metropolitan Area and environs ofMadurai, Salem, Coimbatore and Tirchy IUld the Terms and
Conditions and as stipulated in the Government order first read above.
5. The government after careful consideration accept the suggestions of the Chairman &
Managing Diredtor. Tamil Nadu Housing Board mentioned in para 4 abDve. He is requested to
take action accordingly to see that the administrative charges are reduced correspondingly.
C.CHELLAPPAN
SECRETARY TO GOVERNMENT
'. To
xxxxxxxxxxxxxxxxxxx
Iforwarded,bY order I
7~
J
ksl72,90,
366
TAMIL NADU HOUSING BOARD
. ,
SdI-V.CHELLARAJ,
Chief Engineer
To
All Superintending ,Engine.,... (except TNDP,Circle)
Ex•. Engineers' Exe.Engineer and Adm. Officer.; ofMofussil Unilll.
. (Except TNUDP Divisions)
Copy to: Deputy Secretary (Co-or), AsstSecy (Co-or)
P.R., Sec., P.c. to C.MD.,
Chief Engineer (F),
Chief Engineer (C), Planning cell, Hudco cell
Enel: O.O.Ms.No. 122, dt.3.2.90 [omtet [& ll.
367
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