Section 3 in The Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000
3. Disposal of immovable property.
[Sections 18, 43(1)(2)(vi)] - (1) All immovable properties in the markets developed by the Board or Market Committees shall be disposed of by way of allotment/transfer/open auction in accordance with the provisions of these rules. The shop plots will be allotted to the old licensees of category (ii) of old market which is to be denotified, resulting in displacement of such licensed dealers of category (ii), on free hold basis, for conducting the business of sale and purchase of agricultural produce in the new markets, on the following terms and conditions, namely,(i)in the markets where some auctions have already been held, the allotment shall be made on the basis of thee average price of the last auction;(ii)[ in the markets where no auction has so far been held or where the last auction was conducted five years prior to the date of present allotment/transfer/auction, the price of the plot shall be fixed at thirty five per cent above the reserve price. The reserve price shall be worked out as per formula approved by the Board vide its resolution dated the 1st June, 1987 or any other formula to be approved by the Board from time to time;] [Substituted by Haryana Notification No. 2709-Agri.S(3)-2004/19372, dated the 11th November, 2004.](iii)[ only those category (ii) Licensees shall be eligible for allotment of plots who had valid licence of four years on the date fixed for inviting applications for draw of lots] [Substituted by Haryana Government Notification No. 1806-Agri. Section (3)-2009/5342, Date 1.9.2008.];(iv)Such licensees must have paid market fee of at least Rs. 5,000/- annually for the last two years :Provided that in the case of a category (ii) licensee who does not pay market fee himself, his annual turnover during the last two years should bee at least rupees two lakh fifty thousand;(v)the licence of such category (ii) licensee should not have been revoked for a period of two months at a time for violation of any of the provisions of the Act or any rules made thereunder, or non-payment of market fee etc.;(vi)the category (ii) licensee must have an independent premises, either own or rented, in the old mandi to be denotified. In case there are more than one licensee in the same premises, the oldest firm or the one which is agreed upon in writing by all the firms occupying the same premises, shall be eligible;(vii)if the eligible licensee of category (ii) had already purchased a plot in open auction, either in his own name or in the name of the licensee firm, he shall not be allotted a plot on preferential basis as above;(viii)an allottee of a shop plot under these rules shall not be permitted to use the premises for any purpose other than the marketing of notified agricultural produce. In case of misuse of his premises, the allotment shall be cancelled and 10% of the value of the plot, interest and other dues payable, shall be forfeited and such an allottee shall be debarred from allotment of any other site under these rules;(ix)transfer of title of shop plot, so allotted, shall not be permitted before a period of five years from the date of allotment of such plot except under special circumstances and with the prior approval of the Chief Administrator of the Board and on payment of such fee as may be prescribed by the Board from time to time;(x)the allottee shall construct the building as per the approved design within a period of two years from the date of offer of possession of the plot, which may be extended further by the concerned Market Committee upto a maximum period of three years on payment of extension fee @ Rs. 10,000/-, Rs. 15,000/- and 20,000/- for the first, second and third year of extension, respectively. In the event of failure to do so, the plot shall be resumed by the Market Committee. In the event of such resumption, the Market Committee shall deduct 10% of the price of the plot and 15% interest on balance overdue instalments and interest;(xi)the allottee of shop/booth plots, whether by preferential allotment or through open auction, shall also pay the additional expenses such as enhanced land compensation with sixty days from the date of such demand by the Market Committee. In case of default, penal interest @ twenty-one percent per annum will be charged. The recovery of enhanced compensation shall be as per the formula approved by the Board;(xii)In case the number of available shop plots is less than the number of eligible applicants, the allotment shall be made to the eligible licensees in their order of seniority, which shall be determined on the basis of their period of licence of category (ii). The allotment of serial number of plots will be decided through draw of lots amongst the eligible allottees;(xiii)[ the allottees of shop/booth/plots, who intend to construct basement shall have to pay an additional amount equal to 10% of the allotment price of plot. Similarly, it an allottee of booth plot intends to construct upper storey upto first floor such allottee shall have to pay an additional amount equal to 10% of the allotment price of the plot. No second storey shall be allowed to be constructed on the booths; [Added by Haryana Government Notification No. 336-Agri. Section (3)-2009/5342, Date 17.4.2009.](xiv)Where basement in shop/booths and upper storey of booths have already been constructed by the allottees without taking approval, the same shall be reqularized after composition of such violation by charging an amount equal to 15% of the total allotment price of their respective plot with the prior approval of the Chief Administrate. Thereafter, the completion certificate in respect of such shops/booths shall be issued by the concerned authority.](2)All booth plots, the balance shop plots and any other commercial site shall be disposed of through open auction. However, a site (including shop plot, booth plot or any other plot), subject to availability, may be allotted at thirty-five per cent above the reserve price to the following :-(i)post office, telephone exchange, water works;(ii)public sector undertakings, government agencies and cooperative marketing societies of Haryana State Cooperative Supply and Marketing Federation Limited, dealing in agricultural produce or inputs;(iii)nationalized/cooperative banks; and(iv)dharamshala/community centre in an area upto one thousand square meters to be set up by th registered association of the traders residing in the mandi.[-] [Clause (v) added by Notification No. 2122-Agri.S(2)-2000/14081, dated the 30th August, 2000. omitted by Haryana Notification No. 9006-Agri.S(2)-2001/12972, dated the 9th July, 2001. Caluse read as '(v) free charitable hospital to be set up in an area up to one hundred square yards, by a registered society/trust/association.](2A)[ Subject to availability, a plot not exceeding one hundred square yards at a token price of one hundred rupees per square yard, may be allotted, for setting up a free charitable hospital by a registered society/trust/association, in a grain market.] [Added by Haryana Notification No. 9006-Agri.S(2)-2001/12972, dated the 9th July, 2001.](2B)[ Category (ii) licencee i.e. kacha Arhtiya shall be strictly prohibited to do the business of sale and purchase of agricultural produce in booth because there is no space in front of the booths to display the agricultural produce. In booths, only the business of fertilizer, seeds, pesticides, Karyana-general store, tea shop, spare parts, hardware, electrical works etc. can only be carried out. The trade of meat shop, wire shop, atta chakki, processing unit and other trade termed as offensive and dangerous under Section 128 of the Haryana Municipal Act, 1973 (Act 24 of 1973), shall be prohibited. In violation of the above, the shop/booth along with amount deposited shall be resumed.] [Added by by Haryana Notification No. 2709- Agri.S(3)-2004/19372, dated the 11th November, 2004.](3) Where no denotification of the old mandi is involved, all the shop plots shall be sold through open auction, except allotment to identified public utilities as per sub-rule (2) of this rule.
