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Section 14: Conditions of allotment of Civic Amenity Sites

The Karnataka Planning Authorities (Allotment of Civic Amenity sites) Rules, 2016State Rules of Karnataka · 1963

A. For Central/State Government, Local Authority, Statutory bodies.-

(1) The lease amount may be paid in five (5) annual installments during the lease period, subject to collection of interest at the rate of the prime lending rate of State Bank of India (SBI) with the prior approval of the Authority.

(2) The Central/State Government, Local Authority, Statutory body to which the civic amenity sites are allotted herein after referred to as “Allottee” shall within a period of ninety days from the date of receipt of notice of allotment pay to the authority either the balance lease amount in one lumpsum or pay the first annual installment of the lease amount.

(3) If the lease amount or the annual installment is not paid by the allottee within the period of ninety days, further extension of time not exceeding sixty days may be given and the allotee shall pay in addition, interest at the rate of the prime lending rate of State Bank of India (SBI) for the extended period. If the lease amount or the installment is not paid within such extended period the allotment shall stand cancelled.

(4) The annual installment shall be paid as per Rule 13 and the terms and conditions of the lease agreement executed under sub-rule (2) of Rule 14.C B . Institutions.-

(1) On receipt of the application for allotment of Civic amenity site under Rule 9 (2) and on following due procedure specified in these rules ,after the decision is made to allot the Civic amenity site by the Authority , the lease amount of the unsuccessful applicants shall be refunded within three days of such decision of allotment.

C. General conditions.-

(1) Allotment of Civic Amenity sites under these rules shall be on conditional lease basis for a period not exceeding thirty years.

(2) After the payment of the lease amount as specified in these rules ,and the decision to allot the site is made by the Authority, the Authority shall call upon the allottee to execute a lease agreement with such Terms and Conditions as specified in Form III and after the execution of such agreement by it and the authority, the same shall be registered by the allottee. If the agreement is not executed and registered within forty five days after the Authority has called upon the allottee to execute such agreement, the registration fee paid as the case may be shall be forfeited and the allotment of the site shall stand cancelled. The amount paid by the allottee towards the lease amount shall be refunded after deducting such expenditure as might have been incurred by the Authority.

(3) As soon as may be possible, but not later than thirty days, after registered agreement is submitted to the Authority, the possession of the site shall be handed over to the lessee.

(4) The lease period commences from the date of registration of lease agreement.

(5) The lessee shall complete the construction of the building within a period of 3 years from the date of registration of the lease agreement or such extended period provided the total period does not exceed 10 years, as the authority may in any specified case by written order permit. If the building is not constructed within the said period, the allotment may, after giving reasonable notice to the lessee, be cancelled, the agreement revoked and the lessee evicted from the site by the authority and after forfeiting twenty five percent (25%) of the lease amount paid by the lessee, the authority shall refund the balance to the lessee.

(6) The lessee shall obtain the approval for the construction of the building on a Civic Amenity site from the Authority, prior to obtaining licence from the Local Authority concerned.

(7) With effect from the date of taking possession of the site, the lessee shall be liable to pay any tax, fee and cess payable in respect of the civic amenity site and any building erected thereon to the Local authority concerned.

(8) The lessee shall not become the owner, of, or derive any title to, the site allotted during the period of lease.

(9) The lessee shall not sub-divide or sub-lease or alienate, or create any charge on, the civic amenity site.

(10) The lessee shall exclusively use the site for providing the civic amenity for purpose which it is allotted.

(11) The lessee shall comply with the terms and conditions of the agreement executed and other rules, regulations, bye-laws of the Authority, City Municipal Council or the Town Municipal Council or Town Panchayat or any local authority as the case may be, for the time being in force.

Where this provision sits

ActThe Karnataka Planning Authorities (Allotment of Civic Amenity sites) Rules, 2016
Section14
Marginal noteConditions of allotment of Civic Amenity Sites
JurisdictionState of Karnataka
StatusIn force as published by the source

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