Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Rajasthan - Section

Section 18 in The Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rules, 1974

18. Allotment of land to public & charitable institutions.

(1)No land shall be allotted for a price less than the sanctioned reserve price except for categories covered under Rule 17. Provided [that land for public and charitable institutions may be allotted by the Trust on payment of residential reserve price.] [Substituted by Amended Notification No. F. 9 (63) UD/3/8/Pt, dated 13-4-2001, published in Rajasthan Gazette Extraordinary, Part IV-C (i), dated 21-4-2001.][or with the prior permission of the State Government free of any charge or at concessional rates.] [Added by Amended Notification dated 14-11-1977, Published in Rajasthan Gazette Part 4(C)(I), dated 17-11-1977.]
(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:
[Provided 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).] [Inserted by Amended Notification No. F. 9 (63) UD/3/81, dated 22-9-2000, published in Rajasthan Gazette Extraordinary, Part IV-C (i), dated 18-10-2000.]
(d)Above-mentioned principle 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 been 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 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 penalty at the rate upto 5% of sale price of the land. If the institution fails to construct the building within this extended period, then the allotment of land shall stand cancelled as provided in the rule: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.] [Inserted by Amended Notification No. F.9 (63) UDH/III/81, dated 23-3-1991, published in Rajasthan Gazette Part IV-C, dated 7-5-1992.][18A. Allotment of undeveloped land to Public, charitable and other institution. - (1) The Trust may with 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 transferable 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 back to the Trust immediately and the Trust may refund ¾th of the cost of such land paid by the allottee 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 otherwise 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 prepared to pay penalty at the rate upto 5% of the price of land for every years from initial date of default of construction.