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Section 29: Transitory promotions

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

For the purpose of facilitating the working of these rules, the State Government may be order in writing give such directions as may appeal to be necessary.

^[30.] Proceedings of transfer can be stayed pending examination.- (1) The ^[Divisional Commissioner] for the purpose of satisfying itself as to the correctness legality or propriety of any transfer of land made under the provisions of these rules by auction or allotment by any Trust call for the relevant record and may while doing so direct that pending the examination of the matter, such transfer of land shall be withheld,

(2) If, after examining the record and after affording a reasonable opportunity of explanation to the parties concerned, the ^[Divisional Commissioner] is satisfied that the transfer of land by the Trust by auction or allotment is not in accordance with or is in contravention of these rules, may cancel or rescind wholly or in part any action or proceeding taken or contract entered into by the Trust regarding such

1. Rule 30 deleted and Rule 31 renumbered as Rule 30 vide Notification dated

3.7.1976, published in Raj. Gazette Part 4 (C) (1) dated 8.7.1976, page 162.

2. Substituted vide Notification No. F. 3 (191) UDH/3/e9 dated 6.4.1991, published in Raj. Gazette Part IV-C (I) dated 23.4.1992, page 28.

58 Raj. Improvement Trust (Disposal of Urban Land) Rules, 1974 transfer of land or may revise or modify the order or give any other direction as it may deem fit.

^[31. Powerto relax rules.- In exceptional cases where the State Government is satisfied that operation of these rules causes hardship in any particular case or where the State Government is of the opinion that it is necessary oresxpedient in public interest to do so, may relax the provisions of these rules in respect of the price, interest, ^[penalty, conditions imposed in relation to any allotment and] size of plot/strip of land to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.]

ANNEXURE-A 3{Rule14) The following procedure shall be adopted for sale of plots by public auction:-

(a) Wide publicity of the auction shall be given by publishing the notice of auction in Newspapers and by describing the plots proposed to be sold together with their dimensions and area so completely that the description may enable their identification and by notifying the date and -time of auctiorv-and the conditions thereof.

(b) Auctiorr shall be held by an auctioner appointed by the Trust and under the supervision of an officer of the Trust authorised in this behalf, and {he Collector concerned or his representative:

Provided that where an auctioner has not been so appointed or is not present, the auction shall be held by an officer of the Trust appointed in this behalf by the Trust.

(c) Conditions of bidding shall be read out before the auction starts.

(d) Every bidder shall be required before being permitted to bid in auction to deposit an amount "[as fixed by the concerned Trust] which

1. Inserted vide Notification No. F. 9 (2) UDH/3/2001 dated 16.8.2001, published in Raj.

Gazette E.O. Part 4(Ga) (1) dated 24.8.2001, page 99.

2. 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) with immediate effect.

3. Substituted vide Notification No. F. 9 (3)UDH/Gr. 3/85 dated 25.9.1987, published In Raj. Gazette Part IV-C (I) dated 28.1.1988, page 432.

4. SubstttufedVide 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) with immediate effect.

Raj. Improvement Trust (Disposal of Urban Land) Rules, 1974 59 shall be refunded to him at the close of the bid or adjusted against premium in case of successful bidder,- [̂ X X X ]

(e) Proceeding shall be drawn up stating the name of every bidder and the amount for which he bade.

[̂(f) (i) The successful bidder shall be required to deposite onefourth of the amount of his bid forth with on the acceptance of the bid and the remaining three fourth of the amount of the bid shall be deposited by him within one month of the acceptance of the bid and in case of failure to deposit within the next ̂ [ 60 days], interest @ 15% per annum shall be charged retrospectively from the date of acceptance of the bid:

Provided that in case of default in depositing the three-fourth amount of bid within the period prescribed, above, the one-fourth of the amount of the bid deposited by the bidder shall be forfeited and auction of land shall automatically stand cancelled:

''[Provided further that the Chairman may regularise such auction of land withdrawing tl̂ ie automatic cancellation within a period of^one year from the date of such autoniatic cancellation if the successful bidder is prepared to pay the 3/4th amount of the bid money plus interest 15% per annum uptothe date of regularisation of auction of land and in addition also an amount of penalty at the following rates:-

(a) Upto Six months 5% of the amount

(b) more than Six months 10% remaining unpaid] "•[(ii) After the expiry of the period of one year from the date of the said automatic cancellation, the Chairman shall have no power to regularise such auction of land, but the Trust will have power to extend this period by one year more on payment by the bidder, the outstanding amount of bid plus interest and penalty as provided in sub-clause (i) above.]

1. Deleted 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) with imjuediate effect.

2. Substituted vide Notification No. F. 9(63) UDH/ll/81 dated 24!8.1982, publistied in Raj. Gazette E.O. Part IV - C (I) dated 25.8.1982, page 157.

3. Substituted 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) with immediate effect.

4. Substituted vide Notification No. F. 9 (8) UDH/Gr. 111/86 dated 19.2.1987, published in Raj. Gazette PartlV-C (I) dated 2.4.1987, page 13.

60 Raj. Improvement Trust (Disposal of Urban Land) Rules, 1974 [̂(iii) If thetrust in its interest refers the caseto the StateGovemment forsuch regularisation or a purchaser applies to the Government stating the facts in detail for such regularisation, the State Government may permit such regularisation on pavment by the bidder, the outstanding amount of bid plus interest and penalty as provided in sub-clause (i) above.]

(g) The bid shall be subject to the sanction of the Chairman of the Trust in whom are reserved the rights to accept or reject any bid without assigning any reason thereof.

(h) Attempt shall be made to ensure that rings are not formed.

(i) The officer holding or supervising the auction may at any time cancel bid if he finds is not free and competitive.

ANNEXURE-B (Rule 17)

1. The lots will be drawn [̂manually or by computer] by the Committee appointed by the Tnjst.

2. The lots will be drawn on the date, time and place as may be fixed by the Trust and such lots shall be drawn by one of the persons selected atrandom from amongst the spectators.

3. The date, time and place fixed for the draw of lots will be given wide publicity.

4. Lots will be drawn separately for different sizes of plots in each scheme, and for different categories of applicants.

5. List of all eligible applicants will be prepared in the following form lot-wise after scrutining that each applicant is eligible for allotment of a plot under the schemer- List No Name of the Scheme Size of the plot Category of Applicant

1. Inserted vide Notification No. F. 9(15) UD/3/2001 dated 15.1.2002, publistied 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 " ^ S. Name of the Number of the Identification Remarks No, applicant application form number of the with address as printed on it applicant 1 2 3 4 5 Signature of Secretary.

6. For the purpose of drawing lots ^[manually] two boxes of suitable sizes (Box No. 1 and Box No. 2) will be taken. Box No.

1 will contain paper slips (Rounded up in the shape of balls) bearing the number of the eligible applicants and Box No. 2 will contain paper slips (Rounded up in the shape of balls) bearing the number of the plots to be allotted.

Specimen of Slip for Box No. 1

1. Name of the applicant.

2. Number of applications as printed thereon.

3. List No.

4. Serial No. of the applicant on the list.

Specimen of Slip for Box No. 2

1. Name of the Scheme.

2. Size of the plot.

3. Number of the plot.

7. After the Trust Committee has satisfied itself that slips have been duly prepared for all eligible applicants and the available plots for a particular draw, all slips would be converted into balls and will be put into the respective boxes, thereafter the lots will be drawn as per para 2 above. Two slips (one from each of the 2 boxes) will be drawn simultaneously. Separate numbered boxes would be used for the eligible applicant belonging to each category and the boxes would be labelled accordingly.

8. in a draw of lots in which the number of eligible applicants is larger than the number of plots, a statement in form 'A' given below will

1. Inserted vide Notification No. F. 9(15) UD/3/'20O1 dated 15.1.2002, publishied in Raj.

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

62 Raj. Improvement Trust (Disposal of Urban Land) Rules, 1974 be used for recording the result of the draw. Columns First and Second of the Statement will be completed before the draw takes place.

Columns 2 to 5 will be completed in respect of each plot as soon as it is drawn in the lots.

9. The successful drawee in respect of each plot will also be announced simultaneously before the gathering. It shall, however be made clear that the plots will be allotted to the successful applicants after approval of the Trust.

In respect of a draw of lots in which the number of applicants is less than the number of plot available statement in form 'B' given below will be used for recording the result of draw of lots.

10. As soon as a particular draw of lots is overthe Chairman of the Trust will sign the result of the draw to the same, the case will be submitted to the Trust for according approval to the allotment of the plots.

11. After the proposal has been approved by the Trust each successful allottee will be informed of the plot allotted to him, and he wilf be required to pay the premium etc. under the terms and conditions relating to the allotment.

FORM 'A' Name of the Scheme Size of the plot Category of the applicant Total number of plots available Number of eligible applicants S. Serial Name of the Printed Identi- Signature t̂ o. No. of successful drawee No. of the fication of plot in whose favour application number of Chairman plot mentioned in of the theapplicol. No. 2 has drawee cation of been drawn concerned the drawee concerned 1 2 3 4 5 6 Raj, Improvement Trust (Disposal of Urban Land) Rules, 1974 Form 'B ' Total number of the plots available , Number of eligible applications 63 Name of the Scheme Size of the plots ....

Category of the applicant.

s.

No.

Name of the eligible applicants Printed No.

on the application of the applicant Identi­ fication No. of the application of the No. of the plot drawn Signature of the Chairman.

1 S.

No.

1 2 Ward where plot is situated 2 applicant 3 4 ANNEXURE-C Municipality/Trust Register for Stray plots Location of Boundaries the plot and descri­ ptions 3 4 5 Area with length of each side 5 6 . - Remarks 6 $.

No.

1.

2.

3.

4.

5.

6.

^SCHEDULE TO RULE 17 (4) Category of person Low Income Group 'A' (economically weaker section) whose income does not exceed *[Rs. 10,000/-] P.M.

Low Income Group 'B' whose income is [Rs. 10,001/- to Rs. 15,000/-] P.M.

Middle Income Group wijose income is *[Rs. 15,001/- to Rs.30,000/-] P.M.

Middle Income Group 'A' whose Income is *[Rs.30,001/- to Rs. 45,000/-] P.M.

Middle Income Group 'B' whose income is *[Rs.45,001/- to Rs. 65,000/-] P.M.

Higher Income Group

(i) whose income is *[Rs.65001/- to Rs. 85,000/-] P.M.

(ii) whose income is above *[Rs. 85,000/-] P.M.

Plot size not exceeding in Sq. meters.

45 46-90 91 to 220 221 to 350 351 to 500 501-600 600-750 Rate to be charged.

25% of the reserve pnce.

60% of the reserve pnce Reserve Price 115% of Reserve Price 130% of Reserve Price 150% of Reserve Price 200% of Reserve I^ce] # Substituted vide Notification S. No. F. 9(63) UDH/3/81 dated 29.5.2009, come into force at once.

Substituted vide Notification No. F. 7(7) UDH/3/96 S.O. 254, dated 25.10.1997, published In Raj. Gaz. Ex. ordl. Part 4 (C) (ii) -dated 6.11.1997 Page 375.

Where this provision sits

ActRajasthan improvement trust (disposal of urban land) rules 1974
Section29
Marginal noteTransitory promotions
JurisdictionState of Rajasthan
StatusIn force as published by the source

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