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[Cites 0, Cited by 0] [Section 18] [Entire Act]

State of Rajasthan - Subsection

Section 18(3) in The Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rules, 1974

(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.