(1)Where a site has been resumed under section 8A of Act No. XXVII of 1952 for any reasons, the Estate Officer may on an application, retransfer the site to the outgoing transferee, on payment of an amount equal to 10 per cent of the premium originally payable for such property or one- third of the difference between the price originally paid and its value at the time when the application for transfer is made, whichever is more. [However in the case of a person who is serving or who has served in the Armed services of the Union, the amount payable by him or his legal heir for the retransfer of a site shall be 10% of the price originally payable for such site or 5% of the difference between the price originally payable and its value at the time when application for transfer is made, which ever is more.]:Provided that such transfer shall be permissible only if -(i)where the site has been resumed on ground of misuser, the misuser has stopped;(ii)where the site has been resumed for non-payment of price, all outstanding dues including forfeiture have been paid;(iii)where the site has been resumed for breach of any conditions of sale, the breach has been remedied and conditions fulfilled.Notwithstanding anything contained in the proviso above, when the site has been resumed on ground of misuser or non-completion of the building on it within the stipulated period, the Estate Officer may allow the retransfer on the applicant agreeing to vacate or have the misuser vacated or the building completed as the case may be within such reasonable period as the Estate Officer may stipulate.Explanation. - For the purposes of this rule, the expression 'site' does not include a vacant site. A vacant site is a site on which on the date of issue of notice of resumption under section 8-A of the Act, no superstructure had been raised and it includes a site on which foundations had been laid but no superstructure had been raised above that level.(2)The retransfer under sub-rule (1) shall be in continuation of and subject to all subsisting conditions but without prejudice to all the proceedings or liabilities or subsisting penalties levied in respect of such property before the date of the transfer.(3)The prevailing price shall be assessed by the Estate Officer or such other authority as may be prescribed by the Chief Administrator and in doing so the Estate Officer or such other authority shall give the applicant reasonable opportunity of being heard. The assessment made by the Estate Officer shall be final.(4)The applicant shall unless he refuses to accept the re-transfer, deposit within 30 days 25 per cent of the consideration of the retransfer. The remaining 75 per cent of the said consideration shall be paid in three annual equated instalments alongwith interest at the rate of 7 per cent per annum. The first instalment shall become payable after one year from the date of retransfer. In case any instalment is not paid by the applicant by the due date it shall be deemed as if no retransfer had come into effect.(5)No application under sub-rule (1) shall be entertained unless it is presented within six months of the date of appeal/revision as the case may be.Provided that in the case of an order of resumption passed earlier, the period of six months referred to above, shall begin to run from coming into force of this rule :Provided further that the Estate Officer may entertain an application after expiry of six months if he is satisfied that there was good and sufficient reason for not presenting the application within the said period of six months.
