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[Cites 0, Cited by 0] [Section 30] [Entire Act]

State of Rajasthan - Subsection

Section 30(2) in The Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rules, 1974

(2)If, after examining the record and after affording a reasonable opportunity of explanation to the parties concerned, the [Divisional Commissioner] [Substituted by Amended Notification No. F.3 (101) UDH/III/89, dated 6-4-1991, published in Rajasthan Gazette Part IV-C, dated 23-4-1992.] is satisfied that the transfer of land by the Trust by auction or allotment is not in accordance with or is in contravention of these rules, may cancel or rescind wholly or in part any action or proceeding taken or contract entered into by the Trust regarding such transfer of land or may revise or modify the order or give any other direction as it may deem fit.[31. Power to relax rules. - In exceptional cases where the State Government is satisfied that operation of these rules causes hardship in any particular case or where the State Government is of the opinion that it is necessary or expedient in public interest to do so, may relax the provisions of these rules in respect of the price, [penalty, conditions imposed in relation to any allotment and] [Inserted by Amended Notification No. F. 9(2) UDH/3/2001, dated 16-8-2001, published in Rajasthan Gazette Extraordinary, Part IV-C (i), dated 24-8-2001.] size of plot/strip of land to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.] [Rule 19-B Inserted by Amended Notification No. F9(15) UD/3/2001, dated 15-1-2002, published in Rajasthan Gazette Extraordinary, Part VI-B, dated 29-7-2002.]Annexure - A[Rule 14] [Substituted first by Amended Notification No. F. 9(63) UDH/91, dated 29-7-1983, Published in Rajasthan Gazette Part IV-C(I), dated 11-8-1983, page 461 and again by Notification No. F. 9(3) UDH/Gr. 3/85, dated 25-9-1987, Published in Rajasthan Gazette Ordinance, Part IV-C(I), dated 28-1-1988, page 432.]The following procedure shall be adopted for sale of plots by public auction:-
(a)Wide publicity of the auction shall be given by publishing the notice of auction in Newspapers and by describing the plots proposed to be sold together with their dimensions and area so completely that the description may enable their identification and by notifying the date and time of auction and the conditions thereof.
(b)Auction shall be held by an auctioner appointed by the Trust and under the supervision of an officer of the Trust authorised in this behalf, and the Collector concerned or his representative:
Provided that where an auctioner has not been so appointed or is not present, the auction shall be held by an officer of the Trust appointed in this behalf by the Trust.
(c)Conditions of bidding shall be read out before the auction starts.
(d)Every bidder shall be required before being permitted to bid in auction to deposit an amount [as fixed by the concerned trust] [Substituted by Amended Notification No. F9(15) UD/3/2001, dated 15-1-2002, published in Rajasthan Gazette Extraordinary, Part VI-B, dated 29-7-2002 for the words 'specified below'.] which shall be refunded to him at the close of the bid or adjusted against premium in case of successful bidder,-
[x x x] [[Clauses (i) to (iii) deleted by Amended Notification No. F9(15) UD/3/2001, dated 15-1-2002, published in Rajasthan Gazette Extraordinary, Part VI-B, dated 29-7-2002, which was under:-'(i) in case of residential plots a sum equivalent to 5% of the cost of plot calculated on the basis of reserve price fixed for that scheme subject to minimum of Rs. 250/-
(ii)in case of commercial plot other than cinemas and hotels, a sum equivalent to 50% of the cost of the plot calculated on the basis of reserve price fixed for that scheme; and
(iii)in case of cinemas, and hotels 2% of the cost of the plot calculated on the reserve price of the plot.']]
(e)Proceeding shall be drawn up stating the name of every bidder and the amount for which he made.
(f)[ (i) The successful bidder shall be required to deposit one-fourth of the amount of his bid forth with on the acceptance of the bid and the remaining three forth of the amount of the bid shall be deposited by him within one month of the acceptance of the bid and in case of failure to deposit within the next [60 days] [Substituted by Amended Notification No. F. 9(63) UDH/II/81, dated 24-8-1982, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 25-8-1982, page 157.], interest @ 15% per annum shall be charged retrospectively from the date of acceptance of the bid]:
Provided that in case of default in depositing the three-fourth amount of bid within the period prescribed, above, the one-fourth of the amount of the bid deposited by the bidder shall be forfeited and auction of land shall automatically stand cancelled:[Provided further that the Chairman may regularise such auction of land withdrawing the automatic cancellation within a period of one year from the date of such automatic cancellation if the successful bidder is prepared to pay the ¾th amount of the bid money plus interest 15% per annum upto the date of regularisation of auction of land and in addition also an amount of penalty at the following rates:-
(a) Upto six months 5.00% of the amount
(b) more than six months 10.00% remaining unpaid]
[Substituted by Amended Notification No. F. 9(8) UDH/Gr. III/86, dated 19-2-1987, Published in Rajasthan Gazette Part IV-C(I), dated 2-4-1987, page 13.]
(ii)[ After the expiry of the period of one year from the date of the said automatic cancellation, the Chairman shall have no power to regularise such auction of land, but the Trust will have power to extend this period by one year more on payment by the bidder, the outstanding amount of bid plus interest and penalty as provided in sub-clause (i) above.] [Substituted by Amended Notification No. F. 9(8) UDH/Gr. III/86, dated 19-2-1987, Published in Rajasthan Gazette Part IV-C(I), dated 2-4-1987, page 13.]
(iii)[ If the trust in its interest refers the case to the State Government for such regularisation or a purchaser applies to the Government stating the facts in detail for such regularisation, the State Government may permit such regularisation on payment by the bidder, the outstanding amount of bid plus interest and penalty as provided in sub-clause (i) above.] [Inserted by Amended Notification No. F9(15) UD/3/2001, dated 15-1-2002, published in Rajasthan Gazette Extraordinary, Part VI-B, dated 29-7-2002.]
(g)The bid shall be subject to the sanction of the Chairman of the Trust in whom are reserved the rights to accept or reject any bid without assigning any reason thereof.
(h)Attempt shall be made to ensure that rings are not formed.
(i)The officer holding or supervising the auction may at any time cancel bid if he finds it is not free and competitive.
Annexure - B(Rule 17)