State of Punjab - Act
Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999
PUNJAB
India
India
Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999
Rule PUNJAB-STATE-AGRICULTURAL-MARKETING-BOARD-SALE-AND-TRANSFER-OF-PLOTS-RULES-1999 of 1999
- Published on 17 February 1999
- Commenced on 17 February 1999
- [This is the version of this document from 17 February 1999.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
2. Definitions.
- [(1) In these rules, unless the context otherwise requires,-(a)"allottee" means any eligible person to whom any plot or building under these rules is alloted in a market by allotment or auction;(b)"annexure" means an annexure, appended to these rules;(c)"building" means any construction or part of a construction which is intended to be used for residential, commercial, industrial or other purposes, whether in actual use or not and includes any out-house, structure, stable, cattle-shed, garage, hut, platform and plinth.(d)"competent authority" means the Secretary of the Board;(e)"erect or re-erect any building" includes,-(i)any material alteration or enlargement of any building ;(ii)the conversion by structural alteration into a place for human habitation of any building, not originally constructed for human habitation ;(iii)the conversion into more than one place for human habitation of a building, not originally constructed as one such place ;(iv)the conversion of two or more places of human habitation into one greater number of such places;(v)such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security ;(vi)the addition of any rooms, building, out-houses or other structures to any building;(vii)the construction is a wall, adjoining any street or land, not belonging to the owner of the wall, of a door opening on to such street or land; and(viii)the construction of any overhanging structure over any street or public place or the enclosing of any space intended to be kept open;(f)"Estate Officer" means the Deputy General Manager (Estate) of the Board or any other officer of the State Government, appointed and designated by the State Government as such on recommendations of the Secretary of the Board ;(g)"form" means a form, appended to these rules;(h)"plot"means a piece of land, to be used for commercial purpose or any other co-related or allied purpose in any market, developed and owned by the Board or Committee;(i)"reserve price" means a price, determined by the Secretary of the Board in accordance with these rules for the purpose of transferring the plots by open auction or by allotment; and(j)"transferee" means a person (including a firm or other body of individuals, whether incorporated or not) to whom a plot or building is sold,leased or transferred in any manner whatsoever under these rules and includes his successors and assignees";]3. Sale of plots.
- [Sections 43 and 18 of Punjab Act 23 of 1961.] - All plots in the markets developed by the Board or Committees shall be disposed of by way of open auction or allotment in accordance with the provisions of these rules :[Provided that not more than fifty per cent of the available plots shall be disposed of by way of allotment and the process of allotment shall be completed before conducting the sale by auction] [Added by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.]Provided further that the plots will be allowed to the licenced dealers of old market which are denotified resulting in displacement of such licenced dealers on free-hold basis for conducting business of purchase of sale of agricultural produce in the new markets on the following terms of conditions, namely :-4. Application for allotment.
- [Sections 43 and 18 of Punjab Act 23 of 1961.] - (1) In the case of sale by allotment under the proviso to rule 3, the intending purchaser shall make an application in Form 'A' [to Estate Officer within fifteen days] [Substituted for the words 'to Secretary of the Committee within thirty days' by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.] of the notice inviting such applications.5. Delivery of possession.
- [Sections 43 and 18 of Punjab Act 23 of 1961.] - The possession of the site shall be given to the allottee by the [Estate Officer] [Substituted for the words 'Secretary of the Committee' by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.] after the acceptance of the allotment and after payment of the twenty-five per cent of the allotment price by the allottee.6. Conveyance deed in the case of sale by allotment or by auction.
- [Sections 43 and 18 of the Punjab Act 23 of 1961.] - In the case of sale by allotment or by auction, as the case may be, the allottee shall execute the deed of conveyance in Form 'B', after making payment of full price of the plot.7. Sale by auction.
- [Sections 43 and 18 of Punjab Act 23 of 1961.] - In the case of sale by auction, the sale price shall be the reserve price or any higher price determined as a result of bidding in open auction. At least twenty-five per cent of the bid accepted by the auctioning officer, shall be paid on the spot by the purchaser, in cash or by means of demand draft drawn in favour of the Board and the balance shall be paid either in lump sum within sixty days from the date of auction or in instalments as provided in sub-rule (5) of rule 4 :Provided that the sale by auction shall be subject to the confirmation of the Secretary of the Board.[Provided further that before conducting the sale by auction, the process for allotment to eligible applicants under rule 3, shall be finalized] [Added by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.]8. Time within which building is to be erected.
- [Sections 43 and 18 of the Punjab Act 23 of 1961.] - The allottee shall complete the building within two years from the date of issue of allotment letter in accordance with the plan specified by the Secretary of the Board :[Provided that the period of two years, specified for the completion of the building, may be extended by the Estate Officer up to the maximum period of two years on the payment of fee at the rate of ten per cent of the allotment price for the first and fifteen per cent of the allotment price for the second year of allotment; year of extension for the reasons, to be recorded in writing. No further extension in this regard shall be given and the plot along with the incomplete building, if any, shall be resumed by the Estate Officer after giving opportunity being heard to the concerned allottee.] [Substituted by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.]Provided further that the Secretary of the Board may in exceptional cases of hardship and for the reasons to be recorded in writing, grant extension beyond the stipulated period on such conditions as may be specified by the State Government.9. Registration and stamp duty.
- [Sections 43 and 18 of Punjab Act 23 of 1961.] - The allottee shall be bear and pay all expenses in respect of execution and registration of the deed of conveyance, including the stamp duty and registration fee payable therefor.10. Fragmentation.
- [Sections 43 and 18 of Punjab Act 23 of 1961.] - No fragmentation of any plot or building constructed thereon shall be permitted.11. User.
- [Sections 43 and 18 of Punjab Act 23 of 1961.] - The allottee shall use the plot for the purpose for which it has been allotted and for no other purpose.12. Appeal.
- [Sections 43 and 18 of Punjab Act 23 of 1961.] - (1) An appeal against an order of the [Estate Officer] [Substituted for the words 'Secretary of the Committee' by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.] under these rules shall be preferred to the Secretary of the Board or such other officer, as he may authorise in this behalf either by the appellant or through his agent by registered post addressed to the Secretary of the Board or to the officer authorised by him within thirty days of the order appealed against.1. Name of the Applicant
2. Name and Style of Firm with full particulars of all the Partners/Proprietor
3. Number of licence under Punjab Agricultural Produce Market Act, 1961
4. Date on which licence was issued :
5. Date on which the licence/s was renewed
6. Date upto which licence is valid
7. Period for which licence remained suspended during last two years
8. Details of business transactions during the last three years (enclose documentary proof)
| Financial Year | Amount of Transaction |
| 1. | |
| 2. | |
| 3. | |
| 4. |
9. Business premises, i.e. Shop No./Boundaries alongwith size and location
(Sprague whether owner, tenant or in what other legal capacity)10. Description of any other plot owned by the applicant in New Market : -
Please allot a plot for Arhat shop in the New Market _________at the allotment price of Rs. ________ per square yard on usual terms and conditions of the allotment. I have clearly gone through the statutory Rules and understand that breach of any terms and conditions of the allotment will render the plot liable to be resumed besides forfeiture of money deposited by the applicant.Place :Date :ApplicantVerificationI, ____________, s/o__________,r/o________, Tehsil_____, District_______, authorized Partner/Sole Proprietor of the firm_______, hereby verify that the facts stated above in the application form are true and correct and nothing material has been concealed therein.Place :Date :Applicant| Documents Enclosed : - | |
| 1. Licence certificate | Annexure 'A' |
| 2. Suspension of licence certificate | Annexure 'B' |
| 3. Certificate regarding continuation of firm, in case ofsplit | Annexure 'C' |
| 4. Affidavit | Annexure 'D'. |
| 5. Attested copy of licence alongwith its renewals | |
| 6. Proof regarding ownership/rent/other legal capacity inwhich the premises used alongwith Affidavit, | |
| 7. Partnership Deed. | |
| 8. Registration certificate of the firm, if any. |
| Financial Year | Amount of Transaction |
| 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. |