Demand to roll back the order of Finance Department.
Satish Chandra Sharma, General Secretary of the Chandigarh Social Welfare Council has represented before the Administrator U.T. Chandigarh seeking regularization of the GPAs in the Cooperative Housing Societies. We had the honor to place before the administrator our detailed submission in our memorandum dated 14 August, 2008, on how the Chandigarh Administration is relying on outdated, unrelated rules applied in isolation in the case of those who are having occupancy rights through the instrument of General Power of Attorney.
We had sought his kind intervention in the matter in the hope that he would direct the Administration to take cognizance of the rules, especially The Punjab Cooperative Act 1961 (as applicable to UT …Chandigarh) and rules and practices being followed in adjoining states of Haryana and Delhi.
However we find this is not be. Council is in possession of a copy of the order of the finance department, ironically, made on the auspicious day of Independence Day, 15th August, 2008 stating “And whereas the Administrator, Union Territory, Chandigarh after carefully examining” the demand to annul charge of “unearned increase on such transfers from the members and for the removal of the condition of obtaining completion certificate of the Society…………………………. is unable to accede to their request”
Council had to resubmit that the view of the Administration of not judicious. The administration should have taken cognizance of its own consensual agreement as defendants that it had submitted in the matter of CWP 10691 of 2005 and CWP of 2006 both decided on 21.08.2006 .Administration had consented a consensual transfer charges fixed at Rs. 50,000/- for Category A, Rs. 35,000/- for Category B , and Rs. 25000/- for Category C . Nowhere the administration brought the rule being applied now in the knowledge of the Hon’ble High Court. Should we infer that the applicability of the rules shall be governed by the fancy of the officer dealing a case of law/rule.?
We have also brought to the notice of the Administrator that Delhi Government in a bid to regularize the GPAs had even amended the principal Act in respect of Cooperative Societies and substituted a new section 91 vide notification No. F-14 (33) LA on 2.12.2006 and has also taken cognizance of the order of the Chief Justice of Delhi High Court inter alia which directed that the transfer fee for the regularization of the GPA shall not exceed Rs. 10,000/-.Even, Shri R.K. Rao, Registrar Cooperative Societies, Chandigarh seems reconciled to this view and opined likewise citing the case of Haryana.
We fervently appeal to Administrator UT Chandigarh to direct the Chandigarh Administration to de-notify the order of Finance department issued by Shri Sanjay Kumar IAS, Finance Secretary on the auspicious day of Independence, 15th August 2008 and provide relief to the GPAs by regularizing them in consonance of rules being followed in Punjab as applicable to UT, Chandigarh, Rules of Haryana and Delhi which provide for the regularization of the GPA by charging nominal fee.
Satish Chandra Sharma
General Secretary,
Chandigarh Social Welfare Council,
Email: sharma.ambakripa#gmail.com
Link http://schandrai.blog.co.in
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