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Extract of
Rajasthan Urban Improvement Trust (Disposal of urban Land)
Rules
Liability for urban Assessment
of Ground Rent:
1[Rate- (1) Urban Assessment or
ground rent shall be fixed on the basis of the reserve price
at 2.5% in case of land given on lease for residential
educational, social and charitable institutions 2(medical
clinics and nursing homes), 3(Tourism unit Multiplex unit
and Auditorium) purposes and 5% in case of land given on
lease for commercial and other purposes.]
4[Provided that the State Government
shall have powers to permit charging urban assessment on
such rates, terms and conditions as may be specified by the
State Government on merits of each case, where the land is
allotted under Rule 18]
(2) Revision: The urban assessment
or ground rent once fixed under these rules shall be liable
to revision after every 15 every 15 years and also at such
transfer by sale or gift otherwise and such increase shall
at each stage be 25% of the urban assessment or ground rent
at the time of such revision or transfer, as the case may
be.
5“Provided that if the land/building
allotted under rule 18-B and 18-C has been transferred by
way of sub-lease by the lessee, the above provision of
increase on transfer in urban assessment shall not be
applicable.”
6“(3) (i) The Urban assessment shall be
charged from the date, on which the possession of the
plot/building shall be given.
(ii) Full urban assessment shall be
charged on the plot after five years before which the
construction of a house or a building shall be completed,
for the first five years only half of the urban assessment
shall be charged.”
3[(5) Interest on late payment of
Urban Assessment (ground rent): If the urban Assessment
or ground rent is not deposited in time, then the interest
at the rate of 4(12% per annum) shall be charged.
5[XXX]
(6) Recovery of urban Assessment
(ground rent): The arrears of Urban Assessment or ground
rent together with interest shall be recovered under the
provisions of the Rajasthan Public Demands Recovery Act,
1952
6“7 A. Power to reduce or remit urban
assessment, interest or penalty, - Notwithstanding
anything contained in these rules, the State Government may
in appropriate cases reduce or remit urban assessment and
interest or penalty thereon, by a general order.
3“14-A –Additional charges on failure
to construct the building, transfer and surrender of land
purchased through auction: (1) It a person who purchases
the land through public auction for residential or
commercial purposes, has not constructed a building within
three years from the date on which possession of land is
handed over, he shall pay levy at the rate of 2.5% per year
of the present prevailing reserve price to the concerned
trust up to ten years and building has still not been
constructed the lease of the land shall stand cancelled.”
(2) The land purchased through auction
shall not be transferred without giving information of such
transfer to the trust and before such transfer all dues of
trust shall be paid.
3”14-B “Disposal of land by inviting
tenders or on fix rate, - Notwithstanding anything
contained in these rules, the Trust may with the previous
approval of the State Government.
(1) Allot land in scheme area, on such
terms and conditions as it may deem fit to any
association, company or developer for execution of any
scheme on behalf of the Trust:
(2) Dispose of its land by inviting
tenders, on such terms and conditions as may be decided by
the State Government; and
(3) Prepare scheme for allotment on
fixed rate,
(a) For establishing a market for and
any trade or business, or
(b) For shifting any trade or
business from congested area of the city, or
15. Allotment and sale of
non-residential land: Land for non-residential purposes
shall be allotted to public and charitable institutions on
terms and conditions prescribed under these rules provided
that lands of commercial nature shall be disposed of by
public auction in the manner. 1[as prescribed in Annexure A]
provided further that lands reserved for cinemas. 2[Luxury
hotels], 3[Film Studios and Amusement Parks]. 4 [Hospital,
Diagnostic Centre, Nursing Homes and Tourism Unit], petrol
pumps and for setting up godowns by 5[XXX] persons having
authorized agencies of domestic gas allotted to them shall
be disposed of in accordance with the directions of the
State Government that may be issued from time to time.
6[Provided that plots of land of consumer
Co-operative Stores duly certified to the registered with
the Assistant Registrar. Co-operative Societies of the
concerned District, shall be allotted in the commercial
areas on the reserve price of the shcme. The price shall be
recovered in for equal annual instalments:
Provided further that the number and size
of such plots shall be determined by the Trust in
consultation with the Government.]
7[Provided further also that the price
for allotment of land for gas godowns to be set up by War
widows, member of Scheduled Castes and Scheduled Tribes and
handicapped persons shall be the reserve price determined
for land meant for commercial use in the scheme and for
other category of persons the price shall be double the
reserve price determined for land meant for commercial use
in the scheme].
8[15-A-Allotment or Regularization of
Certain Lands: Notwithstanding anything contained in
these rules, all lands which shall be available for
allotment or regularization under the provisions of
sub-section (4) of Section 60 of the Rajasthan Urban
Improvement Trust Act, 1959, shall be allotted or
regularized on such terms and conditions and subject to
payment to the Trust of such charges or premium or both as
the case may be, and at such rates as may be specified by
the Government from time to time.]
1[15-B : Notwithstanding anything
contained in these rules, land may be allotted with the
prior approval of the State Government for infrastructure
projects which includes powr-plant, telecommunication,
transport facilities tourism units, public utilities,
information technology, water supply, technical educational
institutions, waste disposal project, on such terms and
conditions and at such rates as may be determined by the
State Govt. from time to time.]
16. Lands outside the Sanctioned Schemes:
Before any allotment or sale of land is made by the Trust
outside the sanctioned scheme, the Chief Town Planner or his
nominee authorized in this behalf shall be consulted so that
it is ensured that the land so allotted or sold for such
purpose shall be in conformity with the Master Plan for that
area, if any, in the absence of a Master Plan the allotment
or sale of land shall fit in with the over all developments
plan for that area.
17. Allotment of Residential plots at
concessional rates Procedure, categories, priority, plot
size, price, recoveries etc: (1) Every person entitled
for allotment shall get himself registered with the Trust
concerned where by making any application in the form
prescribed by the Government obtainable from the Trust
concerned on payment of such registration fee as may be
fixed by the Trust from time to time.
(2) The following categories of persons
who are bonafide resident of Rajasthan shall be entitled for
allotment of a residential for construction of a house at
concessional rates if such a person does not own a plot of
land or house in any town in Rajasthan 2[having population
of more than 50,000]
3 [Provided that if an allottee transfers
his plot/house before expiry of 10 years from the date of
allotment then such allottee shall not be entitled for
allotment at concessional rate in future]
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(a) Low income group people. |
Whose income does not exceed Rs.
4[6000.00] p.m. at the time of allotment |
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(b) Rajasthan State Govt. servants
including employees of local authorities and
statutorities bodies of the State. |
Whose income does not exceed Rs.[40000.00
p.m. at the time of allotment. |
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2[(bb) Widows of Government upto a
servants period of 10 years after the death of the
Government servant.] |
Whose husband’s income did not exceed
Rs.[7500.00] p.m. at the time of his death |
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(c) Central Govt. employees who
applied for allotment of Residential plots before 9th
May, 1963. |
Whose income does not exceed Rs.
[40000.00] p.m. at the time of allotment. |
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(d) Army personnel including
ex-servicemen and their Families *[and Border Security
Force, Central industrial Security Force and Central
Reserve Police Force Personnel.] |
Whose income does not exceed Rs.
[40000.00] p.m. at the time of allotment. |
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(e) Persons belonging to Scheduled
Scheduled Castes and Schedule Tribes. |
Whose income does not exceed Rs.
[40000.00] p.m. at time of allotment. |
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4[(f) Accredited journalists. |
Whose income does not exceed Rs.
[40000.00] p.m. at the time of allotment. |
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5[(g) Handicape Persons. |
Whose income does not exceeds Rs.
[40000.00] Per annum at the time of allotment |
[17-B. Allotment of land to the
Personnel of Armed Forceand Para Military forces for group
housing purposes:
Land may be allotted to the personnel of the Armed Forces
and Para Military Forces for Group Housing purposes on
payment of reserve price fixed by the 2 “Trust”, on such
terms and conditions as may be determined by the State
Government.]
18. Allotment of land to Public
and Charitable Institutions:
(1) No land shall be allotted for a price less than the
sanctioned reserve price except for categories covered under
Rule 17. Provided *[that land for public and charitable
institutions may be allotted by the trust on payment of
residential reserve price.]
3[or with the prior permission
of the State Government free of any charge or at
concessional rates].
(2) If any lands is required by
the Government from the Trust the following price shall be
paid by Government.
(a) Cost of land, if the land
was acquired by the Trust by making compensation and cost of
development of plot+20% to cover administrative and other
establishement charges to the Trust.
(b) In case of Nazool land, the
Government shall pay only the cost of development plus 20%
to cover the establishment and administrative charges to the
Trust.
(c ) If the land required by the
Government was already developed before it was transferred
to Trust, no development charges shall be payable but if any
additional development has been undertaken by the Trust that
development charge plus 20% thereof shall be paid by
Government to the Trust.
**[Provided that the State
Government may exempt any Department of the State Government
from payment of cost of land and oterh chareges under clause
(a) to (c).]
(d) Above-mentioned principle
shall also apply in case of land belonging to the Trust if
allotted to Universities of other statutory or non-statutory
bodies under Government orders.
1[(3) If any institution has
been allotted land under sub-rule (1) and has not construct
the building within a period of two years from the date of
allotment then the land so allotted shall be cancelled and
the institution will be refunded the cost of land deposited
by it without any interest:
Provided that the Chairman may
regularize such cancellation of land and extend the period
of construction of the building upto a period of three years
form the date of such cancellation if the institution is
prepared to pay penalty at the rate upto 5% of sale price of
the land. If the institution fail to construct the building
within this extended period, then the allotment of land
shall stand cancelled as provided in the rule:
Provided further that in
appropriate cases the Urban Improvements Trust in its
meeting may regularize such cancellation of the land and
extend the period of construction of building for such
cancellation of the land and extend the period of
construction of building for such period as it deems fit, if
the institution is prepared to pay penalty at the rate utpo
5% of sale price of land for every year of default of
construction.]
2[“18-A.
Allotment of undeveloped land to public, charitable and
other institution:
(1) The Trust may with the
previous sanction of the State Government.
(a) allot any land acquired by
the State Government and transferred to the trust, or
(b) allot any land putchased
by the Trust;
without undertaking or
carrying on any improvement thereon, to public and
charitable or any other institution on the following terms
and condition:
(i) that the institution shall
be registered under the Rajasthan Co-operative Societies
Act, 1965 (Act No. 13 of 1965) of the Rajasthan Public
Trust Act,1959;
(ii) that the land shall be
allotted to such institution on payment of the following
price.
(a) cost of Land;
(b) 20 percent of the cost
of land to cover administrative charges to the Trust;
and
(c) Cost of development, if
any development has been undertaken by the Trust.
(iii) that no land shall be
allotted in the area which have commercial utility;
(iv) that the land so allotted
shall not be transferable either by sale or otherwise to
any one;
(v) that the institution shall
complete the construction of the building for which the
land is allotted within a period of two years from the
date of hading-over possession of the land;
(vi) that where construction
is not completed within the time prescribed under clause
(v), allotment shall be liable to be cancelled. On
cancellation of allotment such institution shall surrender
the land back to the Trust immediately and the Trust may
refund 3/4th of
the cost of such land paid by the allottee and such
institution shall not eligible for allotment in future;
(vii) that the land shall not be put to
any commercial utility;
(viii) that the institution to whom
land is allotted has not acquired land either by allotment
or otherwise at any place in the State; and
(ix) that on violation of any of the
above conditions, allotment shall stand cancelled and land
shall revert to the Trust.
Provided that the Chairman may
regularize such cancellation of land and extend the period
of construction of building upto a period of three-years
from the date of such cancellation, if the institution is
prepared to pay the penalty at the rate of 5% of the price
of land. If the institution fials to construct the
building within such extended period, then the allotment
of the land shall stand cancelled.
Provided further that in appropriate
cases where construction is not completed in above
extended period, Trust in its meeting may regularize such
cancellation of land and extend the period of construction
of building of such period as it deems fit, if the
institution is prepared to pay penalty at the rate upto 5%
of the price of land for every years from initial date of
default of construction.
18-B – Allotment of land for Group
Housing Scheme etc.
(1) Trust may with the prior approval
of the State Government on such conditions as may be
determined by it, allot land to group of persons or a
society or an association or a company or a builder for
construction of houses for the sections of the society on
resrve price and on the lese hold basis for the period of
99 years.
“Provided that State Government may
reduce the price on the merit of each individual case.”
(2) After the 25% of the cost of the
land is deposited by the allottee, the possession of the
land shall be handed over to him for development.
(3) The lessee may further sub-let the
developed land at the terms & conditions and other
provisions contained in the rules in so far as they relate
to Trust, shall mutatis mutandis apply to sub-leasee also,
as if the land in question has been let out to them by the
Trust.
(4) The period of the sub-lease by the
lessee shall be determined by it, but shall not exceed in
any case 99 years or period of original lease whichever is
less.
(5) The sub-leases shall continue to be
governed by all other terms and conditions prescribed in
these rules or orders that may be issed in this behalf by
the State Government from time to time.
18-C Allotment of land for Joint Venture
Scheme:
(1) With the prior approval of the
State Government on such conditions as determined by it,
the Trust may allot land to a society or an association or
a company or a builder or organization for construction of
houses for different categories of plot size on the basis
of income group on the mutual agreement with the trust on
reserve price and on basis of lease hold for the period of
99 years.
Provided that State Govt. may reduce
the price in appropriate case.
(2) The lessee may further sub-let the
developed land at the terms and conditions and other
provisions contained in the rules and in agreement shall
mutatis mutandis apply to sub-leasee also, as if the land
in question has been let out to them by the Trust.
(3) The period of the sub-lease by the
lessee shall be determined by it but shall not exceed in
any case 99 years or period of original lease whichever is
less.
(4) The sub-leases shall be governed by
all other terms and conditions prescribed in these rules
or orders that may be issued in this behalf by the State
Government from time to time.”]
19. Allotment of land to Institutions
other than Charitable and Public Institutions: Land
shall be allotted to institutions other than public and
charitable institutions on the following terms and
conditions provided that the land shall revert to the Trust
in case these conditions are not fulfilled by the allottee;
(1) That the institution shall be
registered under the Societies Registration Act, 1960.(Act
no. 20 of 1960).
(2) That the institution is a
non-commercial concern and does not intend to derive any
commericial benefit out of the land allotted to it or out
of the building constructed over the plot so allotted.
(3) That the land shall be allotted to
such institution 1[on the residential reserve price plus
25% of such reserve price or at such rate as decided by
the State Government in each case.]
(4) The land so allotted shall not be
put to any commericial utility.
(5) That the institution to whom such
land is allotted has not acquired any land either by
allotment or otherwise at the place in the State where the
land is proposed to be allotted.
(6) That no land shall be allotted in
the area which have commercial utility.
(7) That the institution shall complete
the construction of the building for which the land is
allotted within a period of two years from the date of
which it is allotted.
(8) That the land so allotted shall not
be transferable either by sale or otherwise to any one, or
liable to any encumbrances before or after the completion
of building without permission of the Trust.
(9) That where no, construction is
completed within the time prescribed under condition No.
(7) the allotment shall be liable to cancellation or such
institution shall surrender the land back immediately and
the Trust may refund ¾ th of the cost of such land paid by
the allottee.
1[19-A That where no construction is
completed within the time of described under condition No.
7of rule 19, the allotment shall be cancelled and the
institution will be refunded the cost of land deposited by
it without interest.
Provided that the Chairman may regularize
such cancellation of land and extend the period of
construction of the building upto a period of three years
from the date of such cancellation, if the institution is
prepared to pay the penalty at the rate upto 5% of sale
price of the land. If the institution fails to construct the
building within this extended period, then the allotment of
the land shall stand cancelled as provided in the rule:
Provided further that in appropriate
cases the Urban Improvement Trust in tis meeting may
regularize such cancellation of land and extend the period
of the construcition of building for such period as it deems
fit, if the institution is prepared to pay penalty at the
rate up to 5% of the sale price of land for every year of
default of construction].
24. Stray plots:
[1] Individual or stray plots which are lying vacant shall
be disposed of by public auction 1[in the manner as
prescribed in Annexure (A)] subject to the following
conditions:
(a) The Trust concerned shall prepare a
list in the register prescribed in Annexure-C
(b) The building line shall determined
before disposal of such plots: and
( c) Obtain prior approval of the
Collector concerned:
( d)The land use shall normally be the
same as of he adjoining plots.
(2) any stray plot having an area less
than 1,500sq. meters and not covered by the scheme aforesaid
or any other scheme shall not be sold, leased or otherwise
transferred in any manner other than by public auction 1[in
the manner as prescribed in Annexure (A)] of these rules.
The Trust shall prepare a list of all such stray plots in
their jurisdiction and record and authenticate the same in a
register kept for the purpose in the form prescribed in
Annexure-C
2[XXX] |
