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State of Rajasthan - Section

Section 19 in The Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973

19. Conditions of grant.

(1)All sales under these Conditions, whether by way of auction or allotment, shall be considered as a grant and the provisions of the Rajasthan Government Grants Act, 1961 shall be applicable thereto.
(2)The sale shall be subject to the following conditions:-
(i)The Purchaser shall pay the full sale price well within time;
(ii)The Purchaser shall also pay in respect of the plot, all other general and local taxes and ceases for the time being in force to the concerned authorities and shall pay lo the Committee an urban assessment equal to 2.5% of the [reserve price or fixed price as the case may be] [Substituted added by Notification dated 03.11.1973-Rajasthan Gazette, dated 06.11.1973.] per annum in case of plots sold for residential purposes and 5% of the [reserve price or fixed price as the case may be] [Substituted added by Notification dated 03.11.1973-Rajasthan Gazette, dated 06.11.1973.] per annum in case of others. For the first 2 years of the sale, only 50% of the urban assessment shall be charged:
[Provided that it is at the option of the purchaser, if he deposits one time urban assessment which would be equal to ten times of yearly urban assessment then he shall be exempted from further liability of urban assessment.] [Added by Notification No. F. 4(12) Col./97, dated 14.5.2002-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 23.5.2002, page 35(3) = 2002 RSCS/Part II/page 443/H. 459.]
(iia)[ If the urban assessment is not deposited in time, then the interest at the rate of 12% per annum shall be charged] [Inserted by Notification No. F. 4(12) Col./97, dated 14.5.2002-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 23.5.2002, page 35(3) = 2002 RSCS/Part II/page 443/H. 459.]
(iii)After every 15 years of sale the urban assessment shall be liable to an increase up to 25% by revision by the Committee;
(iv)The Purchaser shall not, save with the prior written permission of the Executive Officer use the plot for any purpose other than that for which it is sold to him;
(v)The purchaser shall not, save with the prior written permission of the Executive Officer may make any sub-division or fragmentation of the plot;
(vi)The Purchaser shall not, save with the prior written permission of the Executive Officer transfer the plot or any right, title, or interest therein to any other person, until and unless the full price of it has been paid to the Executive Officer and in case of plot sold by way of allotment the Purchaser shall not do so before the expiry of 7 years from the date of allotments:
[Provided that a purchaser may mortgage the plot in the whole or part for the purpose of obtaining loan for construction on the plot from the Life Insurance Corporation or a Land Development Bank as defined in the Rajasthan Cooperative Societies Act, 1965 (Rajasthan Act 13 of 1965) or any Scheduled Bank in such cases the Government shall have first charge.] [Substituted Added by Notification dated 03.11.1973-Rajasthan Gazette, dated 06.11.1973.]
(vii)[ Within two years of the receipt of notice in Form III or Form VIII the purchaser or allottee shall complete the construction and use plot for the purpose for which it is sold or allotted to him. The construction and use shall be made in accordance with the conditions, rules, or bye-laws, if any prescribed by the State Government, the Committee or any other local authority duly constructed in this behalf. The prescribed period of 2 years may be extended by the Committee up-to 12 months on the application of the purchaser or allottee.] [[Substituted by Notification No. F. 4(13) Revenue/Col/77, dated 08.02.1982-Rajasthan Gazette, Part IV-(C), dated 05.05.1982, page 69, for the following:-
'(vii) Within two years of the receipt of notice in Form III or Form VIII the purchaser shall complete the construction and use plot for the purpose for which it is sold to him. The construction and use shall be made in accordance with the conditions, rules, or bye-laws, if any as prescribed by the Slate Government, the Committee or any other local authority duly constituted in this behalf. The prescribed period of 2 years may be extended by the Committee up-to 12 months on the application of the purchaser.']]
(viii)The Purchaser shall not save with the prior written permission of Executive Officer carry on any obnoxious industry on or in any plot or building erected therein or on;
(ix)In case of breach of any conditions by the Purchaser, the grant may be resumed by the Executive Officer, without payment of any compensation to the Purchaser.
(x)Government power to enforce compliance of the Conditions. - The State Government shall have full rights, powers and authority at all times to do all acts and things which may be necessary or expedient for the purposes of enforcing compliance with all or any of the terms and conditions of the grant and to recover from the purchaser as first charge upon the plot and building therein, all costs of doing all or any of such acts or things or incurred in connection with or in any way relating thereto.
(3)The sale shall be further subject to all reservations and conditions in favour of the State Government which are set forth in the sale deed in Form IX.