BANGALORE
DEVELOPMENT AUTHORITY (ALLOTMENT OF BUILDINGS UNDER SELF-FINANCING HOUSING
SCHEME) RULES, 1982
PREAMBLE
In exercise of the powers conferred by Section 69
of the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976) the
Government of Karnataka hereby makes the following rules, namely.--
Rule - 1. Title and commencement.
(1)
These
rules may be called the Bangalore Development Authority (Allotment of Buildings
under self-financing housing scheme) Rules, 1982.
(2)
They
shall come into force at once.
Rule - 2. Definitions.
In these rules, unless the context otherwise
requires.--
(a)
"Act"
means the Bangalore Development Authority Act, 1976;
(b)
"Allottee"
means the person to whom a building is allotted under these rules;
(c)
"Building"
includes a flat;
(d)
"Form"
means a Form appended to these rules;
(e)
"Physically
handicapped person" means a person who.--
(i)
suffers
from total absence of sight or whose visual acquity does not exceed 3/60 or
10/200 (sncllen) in the better eye with correcting lences; or
(ii)
in
whom the sense of hearing is fully non-functional for the ordinary purpose of
life; or
(iii)
who
has physical defect or deformity which causes inadequate interference to impede
normal functioning of the bones, muscles and joints and who has been certified
to that effect by the Surgeon of the concerned faculty in the Victoria
Hospital, Bangalore, or in the Minto Eye Hospital, Bangalore, as the case may
be.
Rule - 3. Offer of buildings for allotment.
(1)
Whenever
the authority proposes to construct buildings in pursuance of any scheme, it
may, subject to the general or specific orders of the Government, offer all or
any of the buildings for allotment to persons eligible for allotment of
buildings under these rules.
(2)
The
offer shall be published in at least two important local news papers and shall
specify the Extensions/Layouts wherein the proposed houses are to be constructed,
the number proposed to be built under each category namely, High Income Group,
Middle Income Group and Low-Income Group, the approximate cost of each house
(which would be subject to escalation), the initial deposit required to be made
and any other particulars which the authority may wish to specify.
Rule - 4. Eligibility.
(i)
The
applicant must be a citizen of India and should have attained the age of
majority and must be domiciled in Karnataka for a period of not less than ten
years;
(ii)
The
applicant must not own any building or house or site in the Bangalore
Metropolitan areas either in his name of in the name of his spouse or in the
name of his minor children;
(iii)
The
applicant must have registered his name under Rule 5.
Rule - 5. Registration.
(i)
The
persons who desire to apply for allotment of the houses under the
Self-financing Housing Scheme should get their names registered in the office
of the authority in the prescribed form (Form I) which will be available in the
Office of the authority on payment of Rs. 10 which will not be refunded;
(ii)
The
registration fee for various categories of persons is as follows.--
|
(a)
|
For
Higher Income Group (whose annual income is more than Rs. 35,000)
|
Rs.
5,000
|
|
(b)
|
For
Middle Income Group (whose annual income is more than Rs. 15,000 but not more
than Rs. 35,000)
|
Rs.
1,000
|
|
(c)
|
For
Lower Income Group (whose annual income is above Rs. 5,000 but not more than
Rs. 15,000
|
Rs.
200
|
(iii)
[An applicant may, if he has not been allotted a
building, claim refund of the registration fee which would be refunded to him
after deducting 10% towards service charges.]
Rule - 6. Application for allotment.
(i)
A
person who desires the allotment of building under the scheme shall send to the
authority along with the initial deposit specified by the authority from time
to time in this regard within the stipulated time. The application may be
presented in person or sent by registered post with acknowledgement due
addressed to the Commissioner, Bangalore Development Authority, Bangalore.
Every application shall be accompanied by a receipt, draft or challan
evidencing deposit of the initial deposit and a certificate from a Competent
Authority showing that the applicant is domiciled in Karnataka for a period of
not less than ten years prior to the date of application.
Note.-- Competent Authority for the purpose of
this rule shall be, a Chairman of the Village Panchayat, a Municipal Councillor
or a Councillor of a Municipal Corporation;
(ii)
The
application should be signed only by the person to be registered under the
scheme;
(iii)
The
application shall be attested by a Magistrate of the First Class or an Officer
empowered to administer the Oath or affirmation.
Note.-- "Prescribed application forms
(Form II) will be available on payment of Rs. 10/- each in the branches of the
Banks as may be specified by the authority from time to time."
Rule - 7. Mode of allotment.
(i)
50%
of the buildings in each category shall be allotted by draw of lots in respect
of each class of persons from the registered applicants according to the
principles specified in Rule 8. In respect of the allotment of the remaining
50% of the buildings, the Bangalore Development Authority (Allotment of sites)
Rules, 1982, shall mutatis mutandis apply;
(ii)
The
date, time and place of draw shall be published in at least two important local
newspapers;
(iii)
The
cost of the building indicated in the offer shall be tentative and subject to
escalation;
(iv)
No
preference for blocks or floors or pockets shall be entertained. Mutual
exchange of building among allottees within the same category would, however,
be permissible with the prior approval of the authority;
(v)
The
authority reserves the right to withdraw or add to the number of buildings
notified for allotment;
(vi)
Physically
handicapped persons will have preference for allotment of the lowest floor in
the buildings to be allotted.
Rule - 8. Principles for allotment.
The building shall be allotted among the different
classes of persons as indicated below.--
|
(a)
|
Wandering
tribes/nomadic tribes, denotified tribes/semi-nomadic tribes
|
2%
|
|
(b)
|
Scheduled
Tribes
|
3%
|
|
(c)
|
Scheduled
Castes
|
13%
|
|
(d)
|
Ex-servicemen
or members of the families of deceased servicemen
|
8%
|
|
(e)
|
Persons
domiciled in the State of Karnataka but serving in the Armed Forces of the
Union outside the State of Karnataka
|
1%
|
|
(f)
|
State
Government Servants
|
12%
|
|
(g)
|
Servants
of the Central Government and Public Sector undertakings and Statutory bodies
owned or controlled by the State Government or Central Government
|
10%
|
|
(h)
|
Physically
handicapped persons
|
2%
|
|
(i)
|
General
Public
|
49%
|
Explanation.-- (1) If, at the time of making
an allotment, sufficient number of applications from persons belonging to
category (a) are not received, then the remaining buildings reserved for that
category shall be transferred to category (b); and if sufficient number of
applications from persons belonging to categories (a) and (b) are not received,
then the remaining buildings reserved for these categories shall be transferred
to category (c) and if sufficient number of applications from persons belonging
to categories (a), (b) and (c) are not received, then the remaining, buildings
reserved for these categories shall be transferred to category (i).
(2) At the time of making an allotment, if
sufficient number of applications from persons belonging to category (e) are
not received, then notwithstanding anything contained in these rules, the
remaining building reserved for that category shall be treated as stray
buildings and allotted only to the said persons belonging to the said category.
Rule - 9. Mode of Payment.
(i)
The
applicant shall pay 25% of the notified cost of building excluding the amount
paid as registration fee, as initial deposit at the time of filing the
application;
(ii)
The
allottee shall pay, out of the balance (a) 25% of the cost of the building
within 90 days from the date of allotment and another 25% within 90 days
thereafter; and (b) the last instalment of 25% together with any amount payable
on account of escalation before executing the Lease-cum-Sale Agreement;
(iii)
The
demand-cum-allotment order issued will indicate the prescribed date by which
the payments will be required to be made as per the above schedule except the
last instalment. It will be obligatory on the part of the allottee to make the
payment within the due dates indicated therein. In the event of default, the
allocation of the building under the scheme will be cancelled without any prior
intimation.
Rule - 10. Conditions of allotment.
(i)
After
the payments under the above sub-rules are made, the authority shall call upon
the allottee to execute Lease-cum-Sale agreement in Form HI and thereafter
after the same shall be got registered by the allottee. If the agreement is not
executed within 45 days after the authority has intimated the allottee to execute
such agreement, the allotment of the building shall be cancelled and the
amounts paid by the allottee towards the allotment of the building, shall after
deducting the initial deposit be refunded to him;
(ii)
Until
the building is conveyed to the allottee, the amount paid by the allottee for
the allotment of the building shall be held by the authority as Security
Deposit for the due performance of the terms and conditions of the allotment
and the Lease-cum-Sale agreement entered into between the authority and the
allottee;
(iii)
The
building allotted under these rules shall be deemed to have been leased to the
allottee until the lease is determined or the building is conveyed to the
allottee under these rules. The allottee shall, during the period of lease pay
a rent/lease amount at the rate specified by the authority from time to time.
Rule - 11. Delivery of possession, Issue of sale deed.
(i)
The
allottee shall be entitled to the delivery of possession only after the
construction of the building, the observation of all formalities, payment of
all dues and the furnishing or execution of all documents as required in the
allotment-cum-demand letter;
(ii)
The
property will be delivered on 'as-is-where-is basis'. The authority will not
entertain request for any additions, alterations or any complaints regarding
the cost of the building, its design, the quality of material used and
workmanship;
(iii)
(a)
On the expiry of a period of ten years from the date of lease deed and if the
allotment has not been cancelled and the lease has not been determined in
accordance with these rules or the terms of the agreement, the authority shall
by notice call upon the allottee to get the sale deed of the building executed
at his own cost within the time specified in such notice;
(b) If the allottee fails to get the sale deed
executed within the time so specified, the authority shall itself execute the
same and recover the cost and other charges if any incidental thereto from the
allottee as if the said amounts are due to the authority from him.
Rule - 12. Misuse, additions, alterations, etc.
(i)
The
building shall not be used for any purpose other than that of residence. The
allottee shall not be entitled to sub-divide the dwelling unit or amalgamate it
with any other dwelling unit or to make any structural additions, alterations
without the prior written permission of the authority;
(ii)
In
case of violation of the above conditions, the allotment shall be liable to be
cancelled and the amount deposited may be forfeited.
Rule - 13. Death of applicant, allottee.
If the applicant dies before the allotment, his
legal heirs would at their option be entitled to refund of the deposit or
allotment of the building.
Rule - 14. Voluntary surrender.
An allottee may at any time after allotment,
surrender the allotment of building made to him to the authority. On such
surrender, the allottee is entitled to refund of all amounts except the
registration fee paid by him to the authority in respect of the said allotment.
Rule - 15.
(i)
The
authority shall reserve the right to make reasonable modifications in the
approved plan of the building depending upon the exigencies;
(ii)
If
the applicant wishes to correspond with the authority he shall invariably quote
the registration number in this regard;
(iii)
The
unsuccessful applicants will be eligible for consideration for allotment of
buildings in similar future schemes of the authority provided the initial
deposit of 25% made is not withdrawn by them;
(iv)
The
decision of the authority is final in all matters pertaining to this scheme.
Rule - 16. Misrepresentation or suppression of facts.
If the applicant furnishes false information or
suppresses any material fact, the application for allotment shall be rejected
and any allotment if made cancelled summarily. Rejection or cancellation under these
circumstances, will render the applicant ineligible for allotment in future
also. All the amounts paid by such applicant shall be forfeited. The applicant
will also be liable for criminal prosecution.
Rule - 17. Restrictions, additions and alterations on sales of buildings.
(1)
Notwithstanding
anything contained in these rules, and the bye-laws or orders governing
allotment of the buildings by the authority, the authority may at the request
of the allottee of building, execute a deed of conveyance subject to the
following.--
(a)
The
purchaser shall not alienate the building within a period of 10 years from the
date of allotment except.--
(i)
by
way of mortgage in favour of the Government of India, the Government of
Karnataka, Life Insurance Corporation of India, Corporate bodies like Bangalore
Development Authority, Karnataka Electricity Board, Karnataka Housing Board,
Bangalore Water Supply and Sewerage board and the like, Housing Co-operative
Societies or Banks to secure loans advanced by such Governments or bodies for
the purchase of the building;
(b)
In
the event of the purchaser committing breach of any of the above conditions,
the authority may at any time, after giving the purchaser reasonable notice,
resume the building free from all encumbrance and the amounts will be
forfeited.
All transactions entered into in contravention of
the conditions specified above shall be null and void ab intio.
[Notwithstanding anything contained in sub-rule
(1), where an allottee has alienated the Building in contravention of clause
(a) of sub-rule (1), the Authority may on an application of the transferee of
such Building and subject to payment by such transferee an amount equal to
twenty-five per cent of the value of the Building determined at the rates
specified by the State Government from time to time for the purpose of
Registration order for regularisation of sub-alienation an may also convey
title to such transferee.]
(2)
[Notwithstanding anything contained in these rules,
where the allottee makes an Application to the Authority seeking permission to
sell the building during the lease period of ten years on the ground that for
reasons beyond his control he is enable to reside in the City of Bangalore or
mat by reason of his insolvency or impecuniosity, it is necessary for him to
sell the building allotted, the authority may permit him to sell such building
subject to his paying to the authority an amount equivalent to fifteen per cent
of the allotted value of the building.]
Rule - 18. Revision.
(i)
The
Government may suo motu or otherwise call for the record of any decision order
or proceeding of the authority under these rules for the purpose of satisfying
itself as to the legality of propriety of such decision, order or proceeding;
(ii)
If,
in any case, it appears to the Government that any decision, order or
proceeding so called for should be modified, annulled or reversed, the
Government may pass such order as it may deem fit:
Provided that no decision or order shall be
modified annulled or reversed unless a notice has been served on the parties
interested and opportunity given to them for making representation to the
Government.