T.P.rrDR)fotification/2017 I I /7~·
Provided that the Government or Authority with prior approval 01· Government, may in the public interest, notify a higher FAR as Base FAR;
2.5 "Benchmark Valuation" means principles of valuation of a plot of land determined under the Jharkhand Stamp (Amendment) Rules, 2009 for the time being in force and such other instructions issued by the Government, from ti me to ti me, in th is behalf:
2.4 "Base FAR" means FAR, which is available to all plot owners without any cost.
In absence of an officer of Assistant Engineer rank in the authority, the Competent Authority may designate any suitable officer for the job.
2.3 "Authorised Officer" means an Officer not below the rank or Assistant Engineer working in establishment or the Authority appointed as such by the Competent Authority for carrying out duties and responsibilities provided under these rules.
2.1 "Act" means the Jharkhand Municipal Act, 2011.
2.2 "Authority" means Urban Local Bodies,
2. Deflnitionsr- In these rules, unless the context otherwise requires:
1.3 They shall come into force from the date of their publication in the Jharkhand Gazette.
In view of growing urbanization in and around various development areas in the State of Jharkhand, Government of Jharkhand find it expedient lo frame rules to facilitate the land owners to surrender their land to Authority concerned in lieu of consideration in terms of development right ( floor area ratio) so that the surrendered land can be used for the purpose or public roads, drainage, open spaces, park, community buildings, recreation areas etc. as earmarked in the Master Plan or any plan conceived by the Authority, as defined, or by the Urban Development and I lousing Department, Government or Jharkhand.
Accordingly, in exercise of the powers conferred by Section-590 and provisions laid down in Section-441 (5) of the Jharkhand Municipality /\ct, 2011, the Governor of Jharkhand hereby makes the following regulation.
1. Short Title, Extent and Jurisdiction, Applicability of Regulations
1.1 Title- This regulation shall be called as .lhnrkhand Transferable Development Rights Rules, 2017.
1.2 Applicability of Regulation- Jharkhand Transferable Development Rights Rules, 2017 shall be applicable within the jurisdiction of all Urban Local Bodies in State of Jharkhand.
Government of Jharkhand Urban Development & Housing Department • T.P.fTDR Notification/201712 _,,~"
3.2 An owner or lessee of land shall be issued with a TDR certificate only after completion of procedure prescribed in these rules.
The words and expressions used in these rules and not defined shall have same meaning respectively as defined in the Act, in the rules and regulations framed thereunder.
3. General Terms & Conditions for Issuance of transferable development rights:
3.1 The land which is reserved for providing amenities as per approved Master Plan or any other proposal by the authority or the Urban Development and Housing Department, the owner or lessee of such land shall be eligible for award of Transferable Development Rights equivalent to permissible floor area ratio for that plot of land to the extent and on conditions, as provided in these rules.
"T'ransfcrable Development Rights Certificate" (TOR ccnificatc) means a certificate issued by the Competent Authority to an owner or a lessee of the land permitting him/her to exercise transferable development right in accordance with the provisions of these rules;
"Sending Plot" means Revenue plot of land or part thereof which is proposed to be surrendered to Competent Authority in lieu ofTDR certificate;
"Form" means a Form appended to these rules;
"Government" means the Government of Jharkhand;
"Maximum Permissible FAR" means maximum limit or FAR. to the extent of which development can be taken up on a particular plot of land as prescribed in Master Plan/Building Bye-laws, enforced;
"Planning Officer" means any officer who is in-charge of' process or building plan approvals;
"Receiving Plot" means Revenue plot of land over which TOR certificate is proposed to be consumed;
"Scrutiny Committee" means a Committee constituted and notified as such by the concerned Authority for the purpose of these rules:
"Section" means section of the Act;
2.9 ~
2.10 ()<
2.11 ~
2.12
2.13
2.14
2.15
2.16
2.17
2.8 "Floor Arca Ratio (FAR)" means the ratio obtained by dividing total covered area on all floors by the area of the plot;
(FAR= Total covered area Qn all floQrs) Plot area
Illustration: If total covered area on all the floors in a building is 10000 square feet and plot area on which such building is standing, is 6,000 square feet then FAR will be; FAR= I 0000sql1./6000sqn.. =1.66
2. 7 "Department" means Urban Development & I lousing Department, Government of Jharkhand.
2.6 "Competent Authority" means Vice-Chairman of Development Authority/ Managing Director or Mineral Arca Development Authority/Managing Director of Industrial Area Development Authority & Municipal Comm issi oner/Executive Oflicer/Speci a I Officer of the respective U LBs;
T.P.(fDR N...9tification/2017 I J ~' .,-:,/
3.11 If any building, agricultural or horticultural crops is standing on the land so surrendered as per provisions of these rules, then the owner or the lessee or such land shall be fairly compensated by the Authority following due process of valuation prescribed in this regard.
3.12 The transferable development rights can also be granted by Competent Authority for incentivizing development of affordable housing schemes or slum redevelopment projects as per provisions of Jharkhand Affordable Housing policy, 2016.
3.8 In respect of property held jointly by several persons. the Competent Authority shall issue only one certificate and delivery of TDR certificate to one of the several joint holders written through a deed of relinquishment duly registered in favour of the holder duly signed by all such persons and the same shall be treated as sufficient delivery to all such holders and accordingly the Competent Authority shall issue TDR ccrti ficate in the name of only one owner by deleting name of any co-owner from the TDR certificate.
3.9 The TOR certificate shall be valid for five years and can be revalidated for another period of five years.
3. IO In case, the TOR certificate is defaced, lost or destroyed and su fficicnt proof thereof is submitted to the Competent Authority, the same may be replaced on payment of a processing fees at the rate of one percent um of present valuation on such date of Ille sending plot and on submitting the necessary under taking, indemnity bond, investigative evidences (Copy of FIR), etc. and after giving advertisement in two local newspapers and by fol lowing the detailed process to be prescribed by the concerned Authority, in this regard.
3.6 The transfer and utilization of TOR in Cavour of Non-Resident Indians (NRI) shall be subject 10 rules and regulations or the Reserve Bank or India and the Government of India, made from time lo lime, in this regard.
3. 7 The specimen signature or thumb impression in application for grant of TDR shall have to be attested by an Executive Magistrate under his official seal.
3 .4 The holder of transferable development right certificate may uti I ize the same either at the remaining portion of the area so surrendered or anywhere else in State, either by himself or by way of transfer to any other person.
3.5 The transferable development rights certificates shall be issued only in the name of an individual, a company registered under tile Companies Act, Statutory Corporations or a Society registered under the Societies Registration Act, I 860, but shall not be issued in the name of partnership firms, nominees, agents or any other such persons:
Provided that. if the property stands in the name or partnership firms, TOR Certificate shall be issued in the name or all of the partners of partnership firm or as the partners have agreed upon by expressing their willingness in writing.
3.3 TOR certificate so issued may be utilized to take up development on receiving plot, which is permissible over and above the base FAR for that plot as per rule 7.1.
T.P.ffDR Notification/201714 .,,,.;:,~,;
4.2 The scheme under sub-rule 3.1 shall include, following information. namely:
4.2.1 Clearly define the area proposed for acquisition under these rules which shall include name of the Revenue Village, Khata No., Plot No., Area of the plots so required;
4.2.2 Site plan and map of the lands so required;
4.2.3 The intended purpose for which these lands arc required.
4.3 Before issuing such scheme, Authority shall ensure that:
4.1 The Authority may, by notification. make a scheme for acquiring lands by way of granting TDRs as a compensation to those whose land arc proposed to be acquired for the purpose of implementation of projects and programmes mentioned under sub-rule 3.1 of rule 3.
4. Provisions for issuance of TOR certificate:
3.15 Where any authorised building is existing over a land and after surrender of the part of the land in accordance with the provisions or these rules then existing building, which is retained on the remaining part of the land even if it violates the existing 13uilding Bye-laws applicable for the Authority, shall be construed to be in conformity with Building Bye-laws as long as no addition or alteration or change of use is made to the existing building.
3.16 If the Authority acquires a part of land under these rules and on the remaining part of the land, an unauthorized building is existing, the Authority may award TOR certificate for such portion of land, but the existing building in the remaining part of the land shall continue to be unauthorized until it gets regularized following due process of Jaw, or demolished.
3.17 The Authority may consider relaxing set back requirements along the dividing line between the land surrendered and the land retained, for a proposed construction in the remaining land, on individual merits or the case, except in the cases or multi storied buildings.
3.18 The owner or lessee of the land may withdraw from surrendering his land under these rules at any time before final approval of Competent Authority by filing an application to Competent Authority.
3.19 No applications for grant of TOR shall be considered from owner or lessee or the land belonging to Scheduled Castes or Scheduled Tribes and Others Community, if prior approval of Competent Authorities under Sant ha I Paragana Tenancy Act or Chhoianagpur Tenancy Act, as the case may be which protects rights of these communities in land is not taken.
3.20 No applications for grant of TOR shall be considered on land whose type is Forest or Reserved Forest.
3.13 Further the lands which are prohibited by order of any Cou11 or subjudicc in any manner shall not be eligible for grant ofTDRs certificate.
3.14 Where the site is already a developed one, irrespective of fact whether the development on such land is authorised or not, the part of the land required for providing amenities in accordance with the Master Plan, the owner or lessee of such land shall be eligible for award of TDR certificate under these rules.
( T.P.ffDR ~otitication/201715 ~~
4.11 The Committee shall consider every application filed under these rules along with report of the concerned District Sub-Registrar, Circle Officer and any objections filed before it and make a recommendation for grant of TDR certificate to the Competent Authority.
4. 12 The Competent Authority may consider the recommendations of Scrutiny Committee and decide to grant or reject or decide otherwise with respect to application for grant of TDRs received by Authorised Officer and whose
4.9 The Authorized Officer shall also ask for a report from the respective Circle Officer on the issue related to genealogy of the land owner and local inquiry report on the present status of the land. including encroachment, if any and on basis of the field enquiry report and records available in his office, he shall submit a report to the Authorized Officer in Form-IV.
4.10 A Scrutiny Committee shall be constituted and notified by the Authority for the purpose of scrutinizing all the applications, which arc being considered for grant of TD Rs.
4.8 After receipt of application, Authorized Officer shall verily the applications for its completeness and ask for a report from the respective Sub-Rcgistar on the Bench Mark valuation of the lands proposed lo be surrendered and on the status of encumbrance, if any, on such lands and on the basis of informations available, the District Sub-Registrar shall submit a report on Benchmark valuation and status of encumbrance. if any, to the Authorized Officer in Form-Ill.
4.6 arc proposed to be acquired under these rules.
The owner or the lessee of the land shall, along with the application in l·onn- 1, produce all Legal documents to support his claim for right, title and interest over the proposed land, which is to be surrendered for the award of transferable development rights certificate and shall also file an affidavit as to the correctness of the information given in the application and documents.
4. 7 The application so received shall be entered into a register, "TDR Applications" to be maintained by Authorized Officer of the Authority, in F orrn-l I.
4.5
4.3.1 A Planning Officer of the Authority certify that the lands so notified arc required for the purpose of implementation of scheme a~ mentioned in sub-rule 3.1 of rule 3;
4.3.2 The concerned user agency, which requires the land for implementation of projects or programmes mentioned in sub-rule 3.1 of rule 3 shall utilise the land for such project or programme and who shall also certify the land requirements by an officer not below the rank of Assistant/Executive Engineer of the user agency.
4.4 The scheme shall call upon all those who have interest in such lands to tile an application giving details of their legal rights, in the said area and details of the vacant or built-up land falling in the said area in writing to the authorized Officer of the Authority in Form-I.
The scheme shall also be published in al least two widely circulated local newspapers and from the date of such publication, Authority shall start accepting applications for grant of TD Rs with respect to noti tied lands which T.P.fTDR ~otilication/2017 ( 6 ~!)
6.1 TOR certificate holder can transfer such certificate in full or any part to any other person.
6.2 The transfer of TOR certificate to RI shall be subject to rules and regulations of Reserve Bank of India and the Government of India made, from time to time, in this regard.
6.3 An application for transfer or utilization of TOR should be in multiple of 50 square meters only except the last remainder.
6.4 Application for transfer shall be given in Form-VII and all such applications should be entered in "Register for application received for transfer of development rights" to be maintained by /\uthorised Officer in Form-VIII.
6.5 On receipt of such applications, the Authorized Officer shall get the original TOR verified from the official records and on the basis of such verification and by following procedure as prescribed by the Authority, the Authorized
6. Transfer of development rights:
Every TOR certificate so issued must he entered serially into the "Ledger or TDR certiflcates" to be maintained by Authorized Officer in l'orm-Vl. Serial number of each TOR certificate should be unique.
Any fee or charge to be paid to Circle for the purpose of mutation of records or issuance of Record of Rights in favour of Authority shall be borne by the applicant.
Every TOR ccrtilicate shall be registered under the Registration Act, 1908.
Two original TDR certificates shall be prepared and issued under the seal and signature of the Authorised officer of the Authority, of which. one is required to be kept in official record of the Authority and second shall be issued to the applicant after entry in TDR Ledger and a unique account number shall be assigned to each such case.
5. Issuance of TOR for Affordable Housing or Slum Re-Development Projects:
To incentivize the construction of affordable houses as per Jharkhand Affordable Urban Housing Policy, 2016 or Scheme in this regard to take up development of affordable housing and re-development of slums, l'DR certificates shall be issued to the concerned Agency, institution, developer etc. by following the process prescribed in rulc-4 subject to the conditions that these rights shall be to such extent and subject to such terms and conditions, as prescribed in such policies and schemes of the State Government.
4.14
4.15 !?;~
4.16 ~ ~~
4.17
4.18 decisions shall be final and shall not be called or questioned in any Civil Court.
4.13 If the application for transferable development right is approved by the Competent Authority, then an order shall be issued by the Authorized Officer to the concerned Circle Officer for mutating the land so surrendered in the name of the Authority and the Circle Officer shall accordingly, mutate the Record of Right (RoR) in name of Authority and issue the same to the authorized offlcer.
Aller issue of Record of Right under sub-rule 4.13 the Authorized Officer or the Authority shall issue TOR certificate to the applicant in Forrn-V.
( T.P.ffDR otification/2017 17 ~·
7.2 When a TDR certificate holder wants to utilize a part or full value of TOR certificate on any plot, then he should apply for issuance of TOR Certificate
3. In case, a building exists on the receiving plot then set backs applicable for the building as per sanctioned plan by the Competent Authority shall deem to be set backs required for new height after utilizing admissible TDR. subject to approval/No Objection Certificate (NOC) form Fire Department or Airport Authority or both.
I. In case of Group Housing Scheme, maximum permissible TDR loading of
0.60 shall be permissible on a plot.
2. If a plot is situated on internal road having dead end within 50 mi. trorn the main road. then such plot shall be treated as fronting on main road for the purpose or utilisation ofTDR.
F,\ I{ us per .rn nr., 20 I(, ;\l:1~imu111 admixvihle FAil Category Road Width (in meter) Non w ith TDH for Residential residential rc~idcntial and non rc~idcntial N-1 6.1 O (20 n.i lo less than 7 .5111 2.0 2.0 2.20 N-11 7.5 (25 fl.)10 less than 9.10111 2.5 2.5 2.75 N-111 9.10 (30 ft.)10 less than 12.20111 25 2.S 3.0 N-IV 12.20 (40 fl.uo less 1hn11 I 8.30,n 2.5 2.5 2.90 N-V 18.30 (60 fl) In less than 2-1.i10rn 2.S 3.0 3.10 and 3.60 N-VI 24.40 (80 ft.) and above 3.0 3.0 3.60 TDR allowed for New Ar<'fl FAR as pcr.lRllL, 201<, l\la,imum adnuwihle F,\ll Category Road Width (in meter) Non w ith TDR for Residential resident ial residential and non rcsidcutial 0-1 3.60 ( 12 fi.J 10 less than 4.80m 1.S Nil Nm allowed 0-11 4.80 ( 16 11.) lo less than 6.1 Om 1.8 xu Nol allowed 0-111 6.10 (20 n.\ Lo less than 7.5111 2.0 2.0 2.15 0-IV 7.5 (25 ft.)to less than 9.1 Om 2.S 25 2.70 0-V 9.10 (30 ft.Ho less than 12.20m 2.S 2.5 2.75 0-VI 12.20 (40 Il.no less than l8.30m 2.5 2.5 2.80 0-VII 18.30 160 fl) and above z.s 3.00 3.0 and 3.5 TDR allowed for Old Arca
6.8 The deed of transfer from TOR holder to transferee shall be registered as per the Registration Act, 1908.
Utilization ofTDRs Certificate on receiving plots:
7.1 Notwithstanding anything contained in any regulation. the total maximum permissible builtup area and utilization of Transferable Development Right (TOR) on receiving plot shal I be, subject to the road \\ idth, as prescribed below:
7.
6. 7 On the basis of the said decision, a new TDR certi ficatc shall be issued to the Transferee by entering the same in the Form-VI and simultaneously, allcr making due entries. original TOR certificate shall be cancelled and a new TOR certiflcate shall be issued to the extent of value left.
Officer shal I place al I such cases for transfer of TD Rs for consideration of the Competent Authority, who shall consider and take appropriate decision to allow or disallow or otherwise such application for transfer.
6.6 If any application for transfer is allowed, then the names of the transferee shall be substituted to that extent in TDRs.
;( .J T.P.rrDR Nolifkation/201718 ~" /,V
8.2 The Competent Authority may reject or withheld the application for utilization of TOR in the following circumstances, namely:
8.2.1 If any dues payable by the owner of the receiving plot to the State Government or to the authority prior to the date of submission or project then the Competent Authority can with-hold utilisation of the TOR unless all dues of the State Government or the authority are paid by the owners;
8.1 The utilization of TDR shall be in multiples of 50 square meters only except the last remainder.
7.10 Before approval of the Building Plan, Planning Officer shall cancel the TCLJO and enter the details in "Register of Consumed TCUOs" in Form-XIV.
7.11 The cancelled TCUO shall be returned to the Authorised Officer, who shall keep it in safe custody and make relevant entries in the official records.
8. Conditions for utilization ofTDR certificate:
7.9 The holder of TCUO shall apply to the concerned Planning Officer for utilizing such TCUO in the building plan proposed over the receiving plots and the Planning Officer shall consider the same and allow utilization of same above the prescribed base FAR as per Master Plan and Building Bye-laws enforced.
7.7 A fler approval of the Competent Authority, a TOR Ccrti lie ate Uti lizat ion Order in the name of the owner of the receiving plot to the extent for which approval has been made shall be issued.
7.8 The TCUO shall be issued in Form-XII and records of all such TCUO issued shall be maintained in "Register of TOR Certificate Utilization Orders" in Form-XIII and on basis of same, Original Certificate shall be cancelled and fresh TDR Certificate should be issued to transferor, to the extent of value left, if any.
Competent Authority may consider such recommendations and decide to approve or otherwise the applications of TOR Certificate Utilization Order (TCUO).
7.6
7.5 On the basis of the report of the District Sub-Registrar, Authorised Officer shall examine the proposal and give its recommendations to Competent Authority.
7.4 After receipt of application, Authorized Officer shall ask for a report from concerned District Sub-Registrar on Benchmark Value of the sending plot and receiving plot anti the Sub-Registrar shall submit a report to Authorized Officer in the Form-XI.
7.3 Every application for TCUO should be entered by Authorized officer in "Register for Applications received for Utilization of TDR ccrti ficntcs".
which is to be maintained in Form-X.
Utilization Order (hereinafter referred as TCUO) 111 Form-IX to the Authorised Officer, r.PffDR No1ifk111ion/2017 I 9 --~;
Illustration:
If the benchmark value of sending plot is Rs. lOOO per square metre and for receiving plot, it is Rs.10.000 per square metre then the proportionate TOR to be transferred from sending plot to receiving plot shall be one-tenth of the total TOR generated.
8.7 If TOR Certificate is issued in favour of any Regional Development Authority, Urban Local Body. Housing Board or any other Government Agency under these rules, then they can either utilize the TOR Certificates in their projects or can sell such certificates only through a public auction.
8.8 TOR shall not be valid for use on receiving plots in the areas idcnti tied as '' o-TDR Zone" as notified by Authority.
9. Utilization of TOR certificates against dues to the authority:
9.1 A TOR certificate holder may utilize a part or full value of the TDR certificate to pay the dues to the Authority.
Explanation=s-Pc: the purpose of such utilization of TOR certificate, Bench Mark valuation of the sending plot shall be taken into account.
Illustration:
8.5.1 ·1 here shall be no change in the setbacks of the rccen ing plot a-.
required for development including TOR value and base h\R.
8.5.2 Receiving plot must satisfy the additional parking requirement (if any) in proportion to TOR being utilized to be worked out in accordance with the prevailing Building Bye-laws.
8.6 The movement of TOR from the sending plot lo receiving plot shall be in proportion of the prevailing Benchmark Valuation rates as specified in the Jharkhand Stamp Rules as amended from time to time. and which shall lie subject to proportionate increase or decrease in benchmark rates
8.5
8.3 In case or a utilization of TDR jointly held all the joint holders or 'I DR certificate shall have to sign the application form to be used for utilization
8.4 In case the TOR certificate holder is minor, the utilization shall be considered only if applicniion is made by the natural guardian or a guardian either appointed by the competent Coun or through proof of his/her guardianship acceptable under lav v , The TDR receiving plot should satisfy the following conditions. namely
8.2.4 If the agreement of utilization of TOR is not dul) signed b) the transfcrorts) and transfcrects): or
8.2.5 If the agreement of utilization ts not accompanied b) the original I DR Certificate.
8.2.3 Under direction from the Competent Court;
8.2.2 If TOR is obtained by fraudulent means. then the Competent Authoruy shall have the right for changing such entncs as required or to forfeit such TDR Certificates;
T.P.rrDR :'iotification/2017 I IO ,?~I
14. Power of the State Government:
14.1 Notwithstanding anything contained in the foregoing paragraphs or the Jharkhand Transferable Development Rights Rules, 2017, the State Government by issuance of notification in the official gazette may amend or withdraw any of the provisions and/or the scheme mentioned hereinabovc.
14.2 If any difficulty arises in giving effect to provision of the Jharkhand Transferable Development Rights Rules. 2017 and/or if any dispute arises
13. Overriding effect over the regulation:
Building Bye-laws enforced for the Authorities responsible for planning arc deemed to be amended to the extent provided in these rules.
12. Maintenance of Record:
Without prejudice to the foregoing provisions of these rules, the Authority may make efforts to ensure implementation of these rules by developing suitable e governance platforms, which provides for filling or on-line applications, automation of processes between various officials, issuance of digitally signed TOR certificates and TCUO and such other action lo ensure quick disposal of claims made under the rules.
11.2 The audit shall be done at least once in six months lo check whether rules and other instructions of the State Government and Authority in this regard are being followed or not and the audit officer shall submit a report to the Authority with a copy to the State Government in I lousing & Urban Development Department.
11. Audit of transferable certificate, etc.:
I 1.1 The TOR certificates, TCUO and all other records in form of applications and registers to be maintained under these rules shall be internally audited by an Officer of Authority or any Agency approved by the Authority.
rules 7 and 8, supra, shall apply 11111tu1i.\ niutandis.
10. Cancellation of transferable development rights Certificate:
I 0.1 Where any owner or lessee of the land acquires TDR certificate by fraudulent means or by means of misrepresenting the information before the Authority then TDR certificate issued under these rules shall be liable for cancellation, and such person shall be liable for prosecution as per law.
10.2 If TDR certificate acquired through fraudulent means has been utilized b) misrepresenting the facts then the value of such TDR on the date of utilization shall be recovered from the concerned person as "arrear of land revenue" under the Public Demand Recovery Act, 1914.
Amount payable and due to ,,..,. the Authority (in rupees) 1000 (in rupees)
9.2 The other provisions relating to utilisation of TOR certificates prescribed in Extent ofTDR certificate to be surrendered to Authority (In square meters) If the Bench Mark value of sending plot is Rs. I 000 per square metre, then amount of TOR required to be surrendered to Authority for the dues payable to the Authority shall be equivalent Lo:
T.P.!TDR Notification/2017111 "'********* t ,1,1t Principal Se ·elJ~ to Government ~,\t t Principal S rotary lo Government Memo No.- 06 /';fofcro (TCPO) /TDR-03 / 2016 .. L.3: j ".> Ranchi, Dated .. ~.'-;:)J~j) I'}- Copy to: .PS to l Ion'ble Chief Minister, Jharkhand/PS lo I Ion'ble Departmental Minister/ Chief Secretary, Jharkhand/ Additional Chief Secretary, Principal Secretary, Secretary, All Dcparlmcnts/Director, SUDA/Dircclior, OMA/Divisional Commissioner, All Divisions/ All Deputy Commissioner, Jharkhand/ All Urban Local Bodies/VC, RROA/MD, MADA/ All Officers of Urban Development and Housing Department, Govt. of [harkhand for information and necessary action.
Principal Secretary lo Covcrnmcnl Memo No.- 06 /';fofcro (TCPO) /TDR-03 / 2016 .. f.'3:.j '.> Ranchi, Dated .. o :r.f.'!J J Ir Copy to: Superintendent, Govl. Press, 1 Iinoo, Ranchi for publicalion in extraordinary gazette of Jharkhand/Nodal Officer, e-gazette. Urban Development and Housing Department, Govt. of [harkhand for information and nee zssary action.
(A By the order of Coverno · of Jharkhand about the interpretation of any provisions of the said rule, the same shall be referred to the Chief Minister through Chief Secretary and thereon the decision taken shall be final.
(Please attach self signed photo copies of the Land ownership documents including copy of ROR.
Encumbrance Certificate, Registered Sale Deed (RSD), Rent receipts, Holding Tax receipts etc.
indicating legal right over the land) Plot No. Kha ta Total area Arca Type Mouza Remarks No. of plot as proposed for per Record of Right (ROR) TDR out of 3
(1) (2) (3) (I) (5) (6) (7) Total (Area in sq.rntrs)
1. Details of Lands In response to your notification No. dated , on following lands, the applicant(s) has/have interest. Details of such lands along with supporting documents pertaining to legal rights, plot area, details of structures/plantation on it arc furnished herewith below.
Sir, Sub: - Application for issue of Transferable Development Rights (TOR) Certificates.
The Authorised Officer, receiving Signature of Officer personfurnishing Date- correspondenceof information).
MobilezEmailortf I To For Office use only Receipt Date Regd. No.
(Name in Block Letters and full address for Place- FORM-I [See sub-rule (4) of rule 41 I
7.
6.
5.
4.
3.
2.
I.
List of documents enclosed:
Applicants· Full Name:
Full Signature On basis of above, I request that TOR Certificate may be issued to me in lieu of lands being proposed for surrender to Authority as per Rules and Regulations of Government of Jharkhand. 1 also undertake to abide by all terms and conditions as given in Rules to Regulations meant for purpose.
13) Plantations:
(i) Species of Tree (Photographs to be enclosed):
(ii) Age- ~'.) (iii) Numbers- ~ ;A') This is to certify that the above information's arc true and correct to the best of my knowledge and belief and there is no misrepresentation of facts or fraudulent statements with respect to information and documents furnished.
A) Construction:
(i) Plinth area in Sq. Metres.
(ii) Type of construction (RCC Roof/Tin/ Asbestos/others)
2. Type of structures on the proposed land:
t
(i)
(ii)
(iii)
(iv)
(v)
(vi)
8. Status of Civil Construction on proposed Land for TOR I) Plinth Area in Square mctrcs- 2) Type of Construction : - (RCC/ Asbestos/Tin/Other (specifies):
3) Whether Photo submitted -Yes/No
9. Status of Plantation of trees, if any: -
(i) Species of Trees:
(ii) Age: -
(iii) Total Numbers> ! 0. List of documents submitted:- Plot No. Khata No. Total area of Area Type Mouza Plot as per proposed for Record of Right (RoR) TOR Certi ficatc (I) (2) (3) (4) (5) (6) Total
7. Land Details:
I. Application Unique Number:
2. Date of Receipt:
3. Name of applicant:
4. Address for correspondence :
5. Mobile/Telephone No.
0'> 6. Email ID.
\ I 1 (REGISTER FOR TOR APPLICATIONS) FORM-II [See sub-rule (7) of rule 4J Signature:
Name:
Designation:
Yours faithfully Mouza Khata No. Plot No. Benchmark Value per En cum bra nces Remarks Sq.mtr status (in Rupees) In figure In words In response to Letter No. and date cited above, the benchmark valuation and status on Encumbrances of land, as given in the schedule, is given below.
O The Benchmark Value or the plot(s) given below are the latest ones and arc approved by the Government. Status on Encumbrances of the land given below are for last 30(thirty) years.
Sir, Ref:- I .Development Authority Unique No. , Name of Applicant _
2.Letter No. ,dt. (of Authorised Officer) ~ ')(;;;; (Address for correspondence) ~ \ \'"' Sub:- Report on Benchmark Valuation and status on Encumbrance for Mz. , Kha ta ,Plot No. or Shr] _ The Authorised Officer _______ Development Authority To (Correspondence Address) Letter No. ----- Date _ District Sub Registrar From:
FORM-Ill [See sub-rulc(8) of rule 41 Report of DSR for issue of TOR Certificates BY Speed Post Spl. Messenger Signature:
Name:
Designation:
Yours faithfully, Findings of Local Inquiry Report The reports on genealogy and local inquiry with respect to the present status of the land has been furnished after verification of available records and inquiry in the field.
The report on genealogy of the khatadhari and local inquiry report on present status of land under reference including encroachment is furnished below:
Genealogy:
Sir, Date (of Authorised officer) (ii)Letter No. _ Rcf.- (i) Unique No. of Applicant. _ Name of applicant. _ Sub:- Enquiry Report on Genealogy and on present status of land including encroachment.
(Address for Correspondence) Development Authority, The Authorised Officer, (Address for correspondence) To The Tahasildar From:
Letter No. _ Date: ------- FORM-JV [Sec sub-rule (9) of rule 41 Report of Circle Officer on Genealogy of Khatadhari of land and local inquiry on present status of land including encroachment.
13v Speed Post Spl. Mcssanger f
6. TDRs conferred through this certificate can be transferred to any other persons as per these rules.
5. Further these TDR Certificate can be transferred to anyone by applicant(s) by way of gift or sale.
at ------------- office having ________ Authority of favour
4. The surrender to Authority was by way of a registered conveyance deed bearing deed No. date in the office of Sub Registrar 111
(iv) Type of Land _
(iv)Area surrendered Square metre (in words)
3. The Land Schedule of the surrendered land is as follows:
(i) Mouza: _
(ii) Khata No. _
(iii)Plot No. _
2. The TDR Certificate is in I ieu of land surrendered to Authority by these Certificate Holders.
I. This Certi ficate is issued under the provisions of .Jharkhand Transferable Development Rights Rules, 2017, conferring Transferable Development Right measuring ____ Square meter in favour of:- Mr./Mrs./Ms. _ {'?(~ ~.,,,~ ---------- Validity is for five years from the Date of Issue Issued by: Development Authority. TOR Certificate No. ---- TRANSFERABLE DEVELOPMENTS RIGHT CERTIFICATE FOR ----------- DEVELOPMENT AERA Photograph(s) of applicant who is granted TD Rs FORM-V [See sub-rule (14) of rulc-4] Transferred In favour of Extent to which TOR NewTDR Balance /Utilized is utilized/transferred. Certificate Development (in Sq. rntrs.) /TDUO No. Right available and Date (I) (2) (3) (4) (5) O Issue Date: ------------ O TDR Certificate No. ~------- O Total Extent of TD Rs: ---- Utilization and Transfer details ofTDRs:
Signature of Authorised Officer with date O Revalidated upto _ Signature of Authorised officer with date ~ Space for Revalidation O Valid upto _ Authorised Officer Place:
Date:
8. TOR Certificate can be further revalidated by the Authorized Officer before its expiry as per provisions of Jharkhand Transferable Development Rights Rules, 2017.
7. The TOR can be utillsed/consumedat the sending plot or any other receiving plot within development plan area as per provisions of Jharkhand Transferable Development Rights Rules, 2017 and subject to provisions of bui !ding norms in force applicable for the receiving plot.
Ccrti ficate TOR Date of Received Date of Remarks Signature of issued for Certificate issue by receipt Officer Built up No.
area (in sq.mtrs) ( I I) ( 12) (13) ( 12) (13) (14) ( 15) SI. Unique Name Address for Land surrendered No. No. of of correspond- Mouza Kha ta Plot Arca Application App Ii- dcncc o. No.
canus) In In T)pC figure words (I) (2) (3) (4) (5) (6) (7) (8) (9) ( I 0) LEDGER OF TRAN FRAl3LE DEVELOPMEN r RIG! 11 S CERTlrICATE FORM-VI [See sub-rule (15) of rule 4 and sub-rule (7) of rule 61
(i) Mouza: (ii) Khata No. (iii) Plot o. _
(iv) Area: (v) Type of land:- _
2. Particulars of TOR Certificate A. Name ofOwner(s):- B. TOR Certificate No:- C. Date of lssue:-
0. Extent ofTDRs (in q. Metres):- ( In words) ------ ( In figures _ E. Land Schedule of surrendered land :-
1. The Transferable Development Right Ce11i ficatc issued in my/our favour as per particulars given below may kindly be transferred in favour of Mr/Ms _ as per details furnished below . The photocopy of the TDR Certificate duly self attested is enclosed along with other requisite documents.
Sub:- Request for transfer of Transferable Development Rights Cl DRs) Certificate.
Sir/Madam, The Authorised Officer _____ Development Plan Arca ________ Development Authority _ To From: For Oflice use only Name of Applicant(s) (Correspondence Address in Rcgd No.
Capital Letter) Date of receipt Mobile No. Transfer fee paid Rs.
Email ID- Challan No. & details w ith Date.
APPLICATION FOR TRANSFR OF TRANSFERABLE DLVELOPMENT RIGI ITS CERTIFICATE IN DEVELOPMt-.NT PLAN ARLA Photo(s) of Transferee FORM-VII ee sub-rule (4) of rule 61 Photo(s) of Owner List of documents to be attached:
I. Application in prescribed form duly filled and signed.
2. Xerox copy ofTDR Certificate duly signed.
3. Stamp size photograph 3 copies each) of owner applicant and transferee duly signed at the back.
4. ID proof copy of transferee duly signed.
5. Address proof copy of transferee duly signed.
6. Copy of the agreement in original for such transfer.
Address:
Signature of Transferee Name:
Signature or Applicantis) Name:
Yours faithfully, A II the considerations for such transfer shall be paid and received by the owner and transferee respectively prior to issue of transfer certificate. Development Authority and the 0';> Authorised Officer arc indemnified against all liabilities arising out of such transfer.
~ ~' The information's furnished in the applications are true to the best of our knowledge and belief.
Amount of TOR proposed to be transferred:. (Sq. Mtr.)
(in figure ___, (in words ..._.J
(6)
3. To be transferred to:
(I) Name of Transferee(s):-
(2) Correspondence Address>
(3) E-mail ID:-
(4) Land line No:-
(5) Mobile No:- 1 Correspo- Built up Fees Built up TOR Date Photogra- Rem- Signndcncc area to paid area for Certifica- of ph of arks aturc address be which te No. of issue transferee of of transfer- ccrtifica- transfer- Officer transferor red tc is cc
(s) (ln Sq. issued mtr.) in favour of transfcree
(9) ( I 0) ( I I) (12) (13) ( 14) ( 15) ( 16) ( 17) SI. Registration Date Name Correspondence TOR Built up Name of No. No. of of of Address Certifica re area Transfeapplication issue App lie- No./ available rcc(s).
received. of ant (s) Date in TOR TOR in Sq.
mtr (I) (2) (3) (4) (5) (6) (7) (8) s,;y-' ') '\-1' FORM-VIII [Sec sub-rule (4) of rulc-S] (Register of application received for transfer of TD Rs) ( Type Utilisation order for Transferable Development Right (TDRs) to an extent of Sq.mtrs.(ln words (multiple of fifty sq.mtr.)
may be issued in my/our favour for utilisation of the same in receiving plot. The details of the location of receiving plot is furnished herewith.
III.
I. Name:
TOR Certificate No.
Date of Issue- Built up area in Sq.rntr, (In figure (In words II. Details of Sending plot
(i) Mouza:-
(ii) Khata Nor-
(iii) Plot No.
(iv) Area:- The detail of TOR Certiticate(s) issued in my /our favour is/are as follows, the photocopy of which is enclosed.
?()'> ~·IJ~ Sir, 4,,," Sub:- Application for issue of TOR Certificate Utilisation Order(TCUO) The Authorised Officer ______ Development Authority To FORM-IX [See sub-rule (1) of rulc-Z] Application for TDR certificate Utilization Order (TCUO) From For office use only Mr/Mrs/M/s Regd. o.
(Correspondence address Date of Receipt Mobile No.
E.mail ID:
Signature of Receiving Officer r Signature:
Name:
Yours faithfully,
3. Revenue sketch map plan of the receiving plot
4. Ownership document/ROR copy of receiving plot.
}$- List of documents Enclosed:
;A' l. TOR Certificate No. in original
2. TOR Certificate No. Xerox copy duly signed Place:
Date:
It is requested to kindly issue utilisation order as applied for and oblige IV. Details of Receiving plot:
(i) Mouza-
(ii) Khata No.
(iii) Plot No.
(iv) Plot area-
(v) Type:- Balance extent Building plan Remarks Signature of Counter ofTDR File No. Planning Officer signature of (in square Authorised meters) Officer
(25) (26) (27) (28) (29) Details of Receiving Plot Utilisation Extent of Mouza Kha ta Plot Arca Benchmark order TDR No. No. (in Type Value per No./date (in Sq. mtrs.)
Square square meter permitted for meters) as per report of uti I isation DSR ( 17) ( 18) ( 19) (20) (21) (22) (23) (24) Details of Sending Plots Details of Correspondence Mouza Kha ta Plot No. Area Type Benchmark the original Address No. Value as owner of ~ per report Receiving ofDSR plot {
(9) (10) ( 11) (12) ( 13) (14) (15) (16) "' SI. Date of Regd. Name of Correspondence TOR Date of Total No. receipt No. Appl icant(s) Address Certificate issue or extent or No TDR TD Rs.
Certificate. (In Square rntrs.)
(I) (2) (3) (4) (5) (6) (7) (8) FORM-X !See sub-rule (2) of rule 71 To be maintained by Authorised Officer Register of applications received for utilisation of TOR Certificate.
SI. Mouza Khata No. Plot Arca Benchmark Value Remarks No. No. surrendered in Rupees as per TOR in Square meters In figures In words (I) (2) (3) (4) (5) (6) (7) (8) ' t. The latest Benchmark Values of sending plots arc indicated below:- Sir, ~ Sub: Report on Benchmark Valuation for utilization of TDR Certificates under Jharkhand TOR Rules, 2017.
Ref:- (i) Development Authority Letter No. date: _ The Authorised Officer (Address for correspondence) To The District Sub-Registrar From:
FORM-XI [Sec sub-rule (3) ofrulc-7] For issue of Utilisation of TDR Certificates Report on Benchmark Valuation by District Sub-Registrars.
Letter No.
Date- 8) speed post Spl. Messangcr _____ Development Authority Designation:
Signature:
Name:
Yours faithfully, [J The latest benchmark value or the plot(s) of land arc as per rates approved by the Government.
SI. No Mouza Kha ta Plot No. Area of the Benchmark Value Remarks No. receiving in Rs. Per square plot. meter In In Figures words (I) (2) (3) (4) (5) (6) (7) (8)
2. The latest Benchmark valuation of the receiving plot is given below:- Details of Sending Plot Details of Receiving Plot Mouza:- Mouza:
Khata No:- Kha ta o.:
Plot No:- Plot No.:
Area (in Sq.mtr.) __ (in figure) Area (in Sq.mtr.) __ (in figure) (in word) (in word) Type:- Type:- ccrti ficatc No. .Datc of issue ----- -----
4. Therefore, the applicant Mr/Mrs/Ms is hereby permitted to utilise TOR Certificate No. to a tune of sq. mtr (ln words _ _____________ _; on the receiving plot as per schedule given below: TOR consideration of the reports of concerned District Sub-Registrars and Circle Officer, Scrutiny Committee, under rule-? (7 .5) of JTDR Rules, 2017 recommended for issuance of TOR Certificate Utilisation Order.
Date respectively have furnished report on the Benchmark Values and after due 3 Whereas, the District sub Registrar(s) concerned vide Letter No. _
2. Whereas, references were made to District Sub-Registrar concerned of the Sending plots and Receiving plots, where they are located.
along with all requisite documents and fees, had made an application vide Application Unique No.: dated for issue of TOR Certificate Utilisation Order/TCUO to the Authorised Officer.
Whereas, Mr./Mrs./M/s. _ (Address) _ ORDER Transferable Development Right Certificate Utilization Order (TCUO) FORM-XII [Sec sub-rule (7) of rulc-71 • Authorised Officer Memo No. , Dt.- Copy to file concerned and guard file.
Authorised Officer Copy to Planning Member Authority for in formation and consideration or building permission with utilisation of TOR Certificate built up area as approved subject to provisions of building norms Authorised Officer for information and _ for information with reference to his/her/their application dated _ necessary action.
~ ~ 1 Memo No. , Dt.- , Dt.- Copy to Mr/Mrs/M/s Address _ Memo No. _ Authorised Officer By order of Vice-Chairman
6. Further this TCUO is to be processed/allowed/cancelled on the JTDR Rules, 2017, only.
and Fresh TDRs Certificate be issued for balance TORs available and requisite entries shall be made by the officials concerned in respective registers and documents forthwith.
5. The TDR Certificate No. or Mr./Mrs./Ms. be cancelled • Receiving plot details Extent of Name of Balance Signature of Remarks Mouza Kha ta Plot Area TOR Original TD Rs Authorised allowed TDRs left in No. No. in Sq. for Certificate TOR Officer Mtr. uti I ization holder, if (In under any. Sq.mtr.)
TUCO ( In Sq. Mtr.)
(8) (9) ( I 0) ( 11) (12) ( 13) (14) (15) (16) SI. Order Date Name of Address for TOR Total extent of No. No. the correspondence Certificate TDR in the Applicant No./Datc TOR Certificate against which (Sq. Mtr.)
TCUO issued.
(1) (2) (3) (4) (5) (6) (7) FORM-XIII [See sub-rule (7) of rule 71 REGISTERS OF TDR CERTIFICATE UTILISATION ORDER ( TD Rs Details of Name of Applicants in Remarks Signature Signature of consumed Building whose favour Building of /\ uthoriscd 111 square plan Permission was Planning Officer meter annroved. issued. Officer rile Date Letter No. Date No.
( 11) ( 12) (13) (14) ( 15) ( 16) ( 17) ( 18) SI. Details of Sending plot detai Is Receiving Plot details No. TC UCO No. Date Extent of Mouza Kha ta Plot o. Mouza Kha ta Plot No.
TD Rs No. o.
(Sq. metre) (I) (2) (3) (4) (5) (6) (7) (8) (9) ( I 0) FORM-XIV [Sec sub-rule (9) of rulc-7] Registers of Consumed TCUCOs ..