Section 3 in Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999
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 :-(i)the allotment shall be made in the markets where auction has already been held on the basis of the average price of the last auction plus fifteen per cent compound interest from the date of such auction to the date of allotment;(ii)[ the allotment price shall be fixed at five per cent, above the reserve price in the markets, where no auction has so far been held ] [Substituted by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.]:Provided that no corner plot shall be allotted by way of allotment. The corner plot shall be allotted by way of auction only, by adding ten per cent extra cost to the reserve price, fixed for plots, other than the corner plots;(iii)only those licensees shall be eligible for allotment of plots on the price, specified in clauses (i) and (ii), who have been granted licences in the old denotified markets for a minimum period of three years before the date of allotment. Such licensees must have submitted returns in Form M appended to the Punjab Agricultural Produce Markets (General) Rules, 1962 for all three years or such licensees shall have to furnish adequate proof of working in the denotified old markets. In accordance with the provisions of form 'H' and From 'J', as specified in the Punjab Agricultural Produce Markets (General) Rules, 1962 read with the provisions of Form 'F', as specified in the bye-laws of the Market Committee for the aforesaid period of three years. The period of three years referred to above shall be counted with effect from the date of notice inviting applications for allotment :Provided that only those licensees shall be eligible for allotment of plots, who have transacted the business of sale and purchase of agricultural produce for an amount, not less than five lac rupees per annum during the last three years.(iii-a) In case, a fresh licence has been issued during the last three years for the reason that prescribed period for renewal of previous licence has expired, the tenure of the period of licence shall be reckoned from the date of issue of previous licence. However, the fresh licence must have been issued within a period of three months after the expiry of the prescribed period for renewal of previous licence :Provided that in case, the previous licence was issued to a firm and that firm had split up due to any reason, resulting the cancellation of the previous licence, in such a case, the tenure of period of licence shall be reckoned from the date of previous licence, only if the subsequent fresh licence has been issued in the name for the same firm and such fresh licence has been issued within a period of three months from the date of the cancellation of the previous licence :Provided further that the period, during which a licence remained cancelled during its non-renewal or due to the split up of a firm, then such a period shall be deducted while calculating the period, specified for a licence.](iv)the licence of the prospective allottees should not have been suspended or revoked for a period exceeding [three months] [Substituted for the words 'two months' by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.] at a time during the last two years for violation of any rule and non-payment of market fee;(v)[ the licensee should have been in possession of a premises as an owner or tenant or in any other legal capacity in the old market, which fact shall be determined by the allotment committee constituted under sub-rule (2) of rule 4" : [Substituted by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.]Provided that in case there is only one single occupier of a premises in the old market, who is otherwise eligible for allotment of a plot, shall be eligible for allotment. In case there are more than two licensees, operating from one premises, then only two licensees shall be eligible for allotment of independent plots of lesser size in the new market who are otherwise eligible. The remaining licensees, who are also operating from the same premises shall give affidavits to the said allotment committee to the assent that they have "No Objection" in allotting plots to the two particular licensees.] [Substituted by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.](vi)an allottee under these rules shall not be permitted to use the premises for the purposes other than the marketing the notified agricultural produce or co-related use. In the cease of misuse of the premises, allotment shall be cancelled and ten per cent of the total amount of the value of the plot calculated at the time of cancellation after including the due interest or other dues, if any, shall be forfeited and such an allottee shall not be entitled for allotment of any other site.(vii)the allottee shall not transfer the plot allotted to him within a period of [five years] [Substituted for the words 'seven years' by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.] from the date of allotment :Provided that the Secretary of the Board may allow the allottee to transfer the plot within a period of [five years] [Substituted for the words 'seven years' by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.] under the special circumstances to be recorded in writing :Provided further that the transfer of a plot after a period of [five years] [Substituted for the words 'seven years' by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008.] from the date of allotment of such plot may be permitted by the Secretary of the Board on payment of such fee and on such conditions as may be imposed at the time of granting permission;Provided further that in no case such a transfer by way of sale, gift or otherwise shall be permitted in favour of a person who has been allotted a plot under these rules in any market in the State of Punjab Breach of this condition shall apart from cancellation of allotment and forfeiture of consideration amount, shall also debar the allottee from further allotment of any other plot;(viii)the allottee shall not let out or part with possession of the plot to any other person;(ix)[ the allottee shall complete construction on the plot in accordance with the sanctioned building plan within two years from the date of allotment;] [Clause (ix) omitted by Punjab Government Notification No 4/PA 23/1961 Section 18 and 43/Amd. (1)/2008 dated 2nd January, 2008. which however read as ]Provided that the period can further be extended to a maximum period of three years on payment of fee at the rate of five per cent, ten per cent and fifteen per cent of the allotment price for the first year, second year and third year of extension, respectively. No further extension beyond three years shall be admissible and failure to complete construction within a period of two years or the extended period, shall entail cancellation of allotment of the plot;.(x)no license shall be eligible for allotment of more than one plot in a market in the State of Punjab;(xi)in case the number of available plots is less than the number of eligible applicants, allotment shall be made to the eligible applicants in order of seniority to be determined on the basis of their length of the period of licence;(xii)number of the plot shall be given by draw of lots amongst the eligible applicants; and(xiii)in addition to the price of plot, an allottee shall also pay within sixty days from the date of demand notice, additional cost of land incurred on its acquisition, if any. On the failure to pay the same, within the said period, an interest at the rate of twenty one per cent per annum shall be charged on the due amount.[3A. Powers and functions of Estate Officer. - The Estate Officer shall have the following powers and functions, namely, -(i)to make the allotment of plots or auction of plots under these rules;(ii)to receive all payments of money under these rules;(iii)to sanction or refuse to sanction the building plan for erection or re-erection of any kind of building in a Market;(iv)to re-validate the sanction of building plan;(v)to stop unauthorized use of any building and to impose penalty for the disobedience of any order passed in this regard;(vi)to order the removal of persons and encroachments, in unauthorized occupation of any building by following due course of law ;(vii)to direct modification, it deemed necessary, of any sanctioned building plan of a building before its completion;(viii)to ensure proper maintenance and upkeep of any site and building;(ix)to issue notice to allottees, for the recovery of amounts due, along with interest or any other dues or for retaking possession of a plot for breach of any other terms and conditions of allotment of plots;(x)to sign, sale or conveyance deed on behalf of the competent authority;(xi)to specify forms, registers, receipts and other record, whatsoever, considered necessary; and(xii)to perform such other functions as are incidental and co-related and are deemed necessary for the compliance of these rules.]
