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Section 18: Ailotrnent of land to Public and Charitable institutions

Rajasthan improvement trust (disposal of urban land) rules 1974State Rules of Rajasthan · 1959

(1) No land shall be allotted for a price less than the sanctioned reserve price except for categories covered under Rule 1.7. Provided ̂ [that land for public and charitable institutions rnay be allotted by the trust on payment of residential reserve price].

Substituted vide Notification No. F. 9(15) UD/3/2001 dated 15.1.2002. published in Raj, Gazette E.O. Par; 6(!<h) dated 29.7,2002, page 59(1) with immediate effect, inserted vide Notification No. F. 9(15) \.',D,"M200'\ dated 15.1.2002, published in Raj.

Gazette t.O Part 6(Kh) dated 25.7 200.", p'sge 59(1) with immediate effect Inserted vide Notiiication No. F. 9(63) ULv3/b/Pt. dated 13.4.2001, published in Raj Gazette H.O. Part-!V (C) (i) dated 21.4.2001, page 3 (1) with immediate effect.

Substituted vide Notification No.F. 9(1,5) UD/3/2001 dated 7.5.2002. published ,n Raj. Gazette E,0, Part-iV (C) (1) dated 10,5.2002, page 29 with immediate effect.

Substituted vide Notification No, F. 9 (63) tJD/3/8/Pt. dated 13.4,2001, published in Raj, Gazette E,0, Part-IV (C) (I) dated 2i .4,2001, page 3 (1) with immediate effect, Substifi^jpl^iS^iotJtication No.F, 9(63) (iD/0/'81 dated 5,4.2003, published 'n Raj Slizettf^..t5,"?*i3t{1-^7,iC;;i .^!).5latea^..4>g005. page 5 wit!-; immediate elfac- Raj. Improvement Trust (Disposal of Urban Land) Rules, 1974 49 ^ [or with the prior pennission of the State Government free of any charge or at concessional rates]

(2) If any land 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 establishment 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.

^[P'ovided that the State Government may exempt any Department of the State Government from payment of cost of land and other charges under clause (a) to (c).]

(d) Abov/e-mentioned principje shall also apply in case of land belonging to the Trust if allotted to Universities or other statutory or non­ statutory bodies under Government orders.

%(3) if any institution has beer) 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 regularise such canceilatlon of land and extend the period of construction of the building upio a period of three years from the date of such cancellation if the institution is perpared to pay penalty cit the rate upto 5% of sale pries of 'he land. If the institution fails to construct the building within this extended period, then the allotmeni of land shall stand cancelled as provided ih the rule :

Added vide Noiificafion No. F. ~ ( n ) TP/!I,74 dated 14.11.1977, pub(isi)»'d ;!i Raj.

GazeKe Part 4 (C) (i) dated 17, U .1977, page 627.

Added vide Notification No. F. 9 (63) UD/3/31 dated 22.9.2000, pubiished in P.gj.

Gazette E O. Part 4 (C) (i) dated 18,10.2000, page 116 (1) with immifdiale isffsct.

Adaed vide Motificaticn No. F, 9(6.1) iJDH/lll/81 dated 23.3.1991, ptibiished in Ra\.

Ga;;eft^ >^att-iVC\!? dated 7.5,1992, page 133.

50 Raj. tmprovemerit Trust (Disposal of Urban Land) Rules, 1974

Provided further that in appropriate cases the Urban Improvement Trust in its meeting may regularise 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 upto 5% of sale price of land for every year of default of construction.]

H18-A. Allotment of undeveloped land to Public, charitable and other institution.^ (1) The Trust may w\h 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 purchased by the Trust;

without undertaking or carrying on any improvement thereon, to Public and Charitable or any other institution on the following terms and conditions:-

(i) that the institution shall be registered under the Rajasthan Co-operative Societies Act, 1965 (Act No. 13 of 1965) or 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 tranferable 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 handing-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

1. Inserted vide Notificaflon No. F. 9(15) UD/3/2001 dated 15.1.2002, published in Raj.

Gazette E.O. Part 6(Kh) dated 29.7.2002, page 59(1) with immediate effect Raj. Improvement Trust (Disposal of Urban Land) Rules, 1974 5 1 back to the Trust immediately and the Trust may refund 3/4th of the cost of such land paid by the allotee 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 othenwise 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 regularise 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 of 5% of the price of land. If the institution fails 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 regularise such cancellation of land and extend the period of construction of building for such period as it deems fit, if the institution is perpared 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 reserve price and on the lease 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

1. Inserted vide Notification No. F. 9(15) UD/3/2001 dated 15.1.2002, published in Raj.

Gazette E.O. Part 6(Kh) dated 29.7.2002, page 59(1) witli immediate effect.

52 Raj. Improvement Trust (Disposal of Urban Land) Rules, 1974 tar 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 periods 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 issued 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 organisation 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 Government 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 periods 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.]

Where this provision sits

ActRajasthan improvement trust (disposal of urban land) rules 1974
Section18
Marginal noteAilotrnent of land to Public and Charitable institutions
JurisdictionState of Rajasthan
StatusIn force as published by the source

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