BANGALORE
DEVELOPMENT AUTHORITY (ALLOTMENT OF SITES) RULES, 1984
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 Sites)
Rules, 1984.
(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, (Karnataka Act 12 of
1976);
(b)
"Allottee"
means the person to whom a site is allotted under these rules;
(c)
"Backward
Tribes" means the Backward Tribes as notified by Government in G.O. No.
DPAR 1 SBC 77 dated 4th March, 1977, as amended from time to time;
(d)
"Economically
Weaker Section", a person shall be considered to be belonging to the
economically weaker section if--
(i)
his
total annual income including that of any member of his family does not exceed
rupees 6,000; and
(ii)
he
is a domicile of Karnataka for not less than 10 years. Provided, that such
person shall have to produce certificates from the employer or the competent
authority as the case may be;
(e)
"Family"
in relation to a person means such person, the wife or husband, as the case may
be of such person, and the children, parents, sisters and brothers of such
person, and wholly dependent on him;
(f)
"Form"
means a form appended to these rules;
(g)
"Income"
means the annual income of a person;
(h)
"Physically
handicapped person" means a person who--
(i)
suffers
from total absence of sight or whose visual accurity does not exceed 3/60 or
10/200 (snellen) in the better eye with corrected lenses; 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 adequate interference to impede
normal functioning of the bones, muscles and joints and who has been certified
to that effect by a Government doctor not below the rank of a District Surgeon;
(i)
"Scheduled
Castes" and "Scheduled Tribes" means the Scheduled castes and
the Scheduled Tribes specified in respect of the State of Karnataka in the
Constitution (Scheduled Castes) Order, 1950, and the Constitution (Scheduled
Tribes) Order, 1950 for the time being in force;
(j)
"Stray
sites" means a site which was once allotted but subsequently the allotment
was either cancelled by the Authority or surrendered by the allottee or a site
which has been formed on account of readjustment in the plan subsequent to the
issue of notification inviting applications for allotment of sites.
Rule - 3. Offer of sites for allotment.
(1)
Whenever
the Authority forms an extension or layout in pursuance of any scheme, the
Authority may, subject to the general or special orders of the Government,
offer any or all the sites in such extension or layout for allotment to persons
eligible for allotment of sites under these rules.
(2)
Due
publicity shall be given in respect of the sites for allotment specifying their
location, number, the last date for submission of applications and such other
particulars, as the Commissioner may consider necessary, by affixing a notice
to the Notice Board and the Office of the Authority and any other office as the
Commissioner may decide from time to time and by publication in not less than
three daily news papers published in the City of Bangalore in English and in
Kannada, having a wide circulation in the city.
Rule - 4. Reservation of sites to economically weaker sections.
(1)
The
Authority may set apart 30% of the total number of sites in any area for
allotment to persons belonging to economically weaker section at 50% of the
value of the sites.
(2)
Out
of the sites set apart under sub-rule (1), the Authority shall allot not less than
15%, 3% and 2% of the sites to the persons belonging to Scheduled Castes,
Scheduled Tribes and Backward Tribes respectively and the remaining sites to
other persons belonging to economically weaker sections.
Rule - 5. Allotment of stray sites.
The Bangalore Development Authority shall dispose
of stray sites in accordance with the guidelines issued by Government.
Rule - 6. Allotment of sites to institutions.
Notwithstanding anything contained in these rules,
the Authority may on lease basis, allot sites other than sites reserved for
civic amenities, public parks and play grounds to educational, religious or
charitable institutions which are either societies registered under the
Societies Registration Act, or Trusts for public purposes, on such rent or subject
to such conditions as may be specified by the Authority:
Provided that the total area allotted to such
institutions in each layout shall not exceed five per cent of the total sital
area.
Rule - 7. Allottee to be Lessee.
The site allotted under these rules, shall be
deemed to have been leased to the allottee until the lease is determined or the
site is conveyed in the name of the allottee in accordance with these rules.
During the period of the lease, the allottee shall pay to the Authority before
the commencement of each year, rent at the rate of rupees five per annum where
the area of the site does not exceed two hundred square metres, rupees ten per
annum where the area of the site exceeds two hundred square metres, but does
not exceed five hundred square metres, and rupees twenty per annum where the
area of the site exceeds five hundred square metres.
Rule - 8. Registration.
(1)
Every
applicant for a site shall register his name on payment of registration fees as
specified in the table below. If an applicant withdraws the registration the
Authority shall refund to such applicant the entire registration fee paid by
him after deducting ten per cent of the registration fee towards service
charges. The Registration shall be done in Form No. I.
TABLE
|
Area
of the Site in Sq. Metres
|
Registration
fee
|
|
(a)
350 and above
|
Rs.
2000
|
|
(b)
225 and above but below 350
|
Rs.
500
|
|
(c)
Below 225
|
Rs.
100
|
(2)
Registration
made shall be valid for subsequent allotments unless the applicant has
withdrawn the registration.
Rule - 9. Application.
(1)
A
person so registered as above has to apply in the prescribed Form II for
allotment of a site along with the initial deposit of 12 1/2% of the notified
cost of the site. The initial deposit shall be 5% in the case of persons
applying for sites under the categories of Scheduled Castes, Scheduled Tribes
and Backward Tribes.
(2)
The
applications shall be presented in person or sent by registered post so as to
reach the office of the Authority before the date and time fixed for the
receipt of such applications. Applications received after the date and time
fixed or which are defective and incorrect shall be rejected.
(3)
[In a case where applications have already been
made for allotment of sites in response to a Notification already issued by the
Authority and where the applications are still pending without a decision as to
their disposal and fresh applications have been called for, for allotment of
further sites, the applicant who was already applied for allotment of a site
and paid the initial deposit in response to the first Notification, need not
pay once again the initial deposit. However, he should make application in
response to the second Notification in Form-II (A) which is appended to these
rules.]
Rule - 10. Eligibility.
No person--
(1)
who
is a minor.
[(1-A) Who has been allotted a Site or House in any
part of our State or Country at a subsidised price.]
(2)
who
is not a domicile of Karnataka for not less than [fifteen
years] immediately prior to the date of registration; and
(3)
who
or any member of whose family owns a site or a house or has been allotted a
site or a house by the Bangalore Development Authority or any other Authority
within the Bangalore Metropolitan Area shall be eligible to apply for allotment
of a site;
Provided that the requirement of [fifteen
years] domicile may be relaxed;
(i)
in
the case of persons who are domiciled in the State of Karnataka but being in
the armed forces of the Union and servicing outside the State of Karnataka;
(ii)
in
the case of persons who are domiciled in the State of Karnataka but have gone
outside the State for [employment
or higher studies] and who bona-fide intend to reside in the Bangalore
Metropolitan Area.
(iii)
with
the prior permission of Government, in the case of persons who have achieved
outstanding distinction in the field of art, science, sports, or in any other
field.
Rule - 11. Principles of selection of applicants for allotment of sites and reservation of sites.
(1)
The
sites shall be allotted among the different categories as follows:--
|
(a)
|
Backward
Tribes
|
2%
|
|
(b)
|
Scheduled
Tribes
|
3%
|
|
(c)
|
Scheduled
Castes
|
13%
|
|
(d)
|
Members
of the Armed forces of the Union, Ex-servicemen and members of the families
of deceased servicemen
|
[10%]
|
|
(e)
|
State
Government employees
|
10%
|
|
(f)
|
Employees
of the Central Government and Public Sector Undertakings and Statutory Bodies
owned or controlled by the. State Government or the Central Government
|
8%
|
|
(g)
|
Physically
Handicapped
|
2%
|
|
(h)
|
General
Public
|
[47%]
|
|
(i)
|
To
be allotted at the discretion of the Authority with preference being given to
persons who have outstanding achievements in the Arts, Science or Sports or
any other field
|
5%
|
Explanation.-- (i) If at the time of making an
allotment sufficient number of applications from persons belonging to
category--(a) are not received then the remaining sites reserved for the
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 sites 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 sites reserved
for these categories shall be transferred to category (h).
(ii) If at the time of making an allotment,
sufficient number of applications from persons belonging to any of the
categories (d), (e), (f) and (g) are not received, then the remaining sites
reserved for the category concerned shall be transferred to category (h).
(2)
In
respect of the categories (a) to (h) the Authority shall consider the case of
each application on its merits and shall have regard to the following
principles in making section:--
(i)
The
marital status of the applicant, that is, whether he is married or single and
has dependent children,
(ii)
The
income of the applicant and his capacity to purchase a site and build a house
thereon for his residence;
Provided that this condition shall not be
considered in the case of applicants belonging to Schedules Castes, Scheduled
Tribes and Backward Tribes.
(iii)
the
number of times the applicant had applied for allotment of a site and the fact
that he did not secure a site earlier though he was eligible and had applied
for a site;
(iv)
the
fact that the land belonging to the applicant has been acquired by the
authority for the formation of the layout for which he has applied;
(3)
For
the purpose of sub-rule (2) the authority shall constitute a committee called
the 'Allotment Committee' consisting of three official members and three
non-official members. The Chairman of the authority shall be the Chairman of
the Allotment Committee.
(4)
Subject
to the approval of the authority the decision of the Allotment Committee shall
be final.
(5)
Subject
to the provision of rules 8, 9 and 10 the authority shall allot the sites under
category (i) at its discretion with preference being given to persons who have
outstanding achievements in the arts, science, sports or in any other field.
Rule - 12. Value of the site.
The value of a site notified while inviting
applications may be altered by the authority and an allottee may accept the
site at the altered price or decline allotment.
Rule - 13. Conditions of allotment and sale of site.
The allotment of a site under these rules shall be
subject to the following conditions:
(1)
The
allottee shall, within a period of ninety days from the date of receipt of
notice of allotment, pay to the authority the balance sital value deducting the
initial deposit. If the value is not paid within a period of ninety days, [The
authority shall, on application of the allottee, extend the time for payment
for a further period not exceeding two hundred and ten days and the allottee
shall pay in addition, interest at the rate of eighteen per cent on the said
amount for the first sixty days of the extended period and at the rate of
twenty one per cent for the next hundred and fifty days of the extended
period.] If the amount is not paid within such extended period also, the
registration fee shall be liable to forfeiture and the allotment cancelled
without prior intimation:
Provided that where an allottee is a person
belonging to a Scheduled Caste or a Scheduled Tribe or to a Backward Tribe or
to a family of Defence personnel killed or disabled during hostilities and
whose annual income from all sources does not exceed rupees five thousand, the
balance of the value of the site required to be paid under this sub-rule shall
be paid by him without interest, within a period of three years in three equal
annual instalments from the date of receipt of the notice of allotment.
[Provided further that Government may, on
application of the allottee and for reasons to be recorded in writing, extend
the period specified under this sub-rule till such time as it deems fit and the
allottee shall pay in addition to the balance sital value interest at the rate
of twenty one per cent on such balance sital value in respect of the period so
extended in addition to the interest payable for the period of two hundred and
ten days extended by the Authority.]
(2)
After
payment under sub-rule (1) is made, the Authority shall call upon the allottee
to execute a lease-cum-sale agreement in Form III and thereafter the execution
of such agreement by the allottee. If the agreement is not executed within 45
days after the Authority has called upon the allottee to execute such
agreement, the registration fee paid by the allottee may be forfeited the
allotment of the site cancelled and the amount paid by the allottee, after
deducting such expenditure as might have been incurred by the Authority,
refunded to him.
[x x x x x]
(3)
Every
allottee shall construct a building on the site in accordance with the plans
and designs approved by the Authority. If in any case it is considered
necessary to add any additional conditions, the Authority may make such
additions in the Lease-cum-sale agreement.
(4)
Until
the site is conveyed to the allottee, the amount paid by the allottee for the
purchase of the site 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.
(5)
The
allottee shall comply with the conditions of the agreement executed by him and
the buildings and other bye-laws of the Authority or the Corporation, as the
case may be for the time being in force.
(6)
The
allottee shall construct a building within a period of three years from the
date of execution of the agreement or such extended period as the , Authority
may in any specified case by written order permit. If the building is not
constructed within the said period the allotment may after reasonable notice to
the allottee be cancelled, the agreement revoked, the lease deter- mined and
the allottee evicted from the site by the Authority and after forfeiting twelve
and half per cent of the value of the site paid by the allottee the Authority
shall refund the balance to the allottee.
(7)
(i)
On the expiry of the period of ten years from the date of the lease-cum-sale
agreement and if the allotment and has not been cancelled or the lease has not
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
site executed at his own cost within the time specified in the said notice.
(ii) If the allottee fails to get the sale deed
executed within the time 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 same amount are due to the Authority.
(8)
With
effect from the date of taking possession of the site the allottee or his heirs
and successors shall be liable to pay the taxes, fees and cesses payable in
respect of the site and any building erected thereon.
(9)
If
the particulars furnished by the applicant in the prescribed application form
for allotment of site are found to be incorrect or false, the sital value
deposited shall be forfeited and the site shall be resumed by the Authority.
Rule - 14. Restrictions, conditions on sales of sites.
(1)
Notwithstanding
anything contained in these rules, the Commissioner may at the request of the
allottee of a site execute a deed of conveyance subject to the restrictions,
conditions and limitations specified in sub-rule (2).
(2)
The
conveyance of site by the Commissioner in favour of an allottee (herein
referred to as the purchaser) shall be subject to the following restrictions,
conditions and limitations namely:
(a)
in
the case of a site on which a building has not been constructed:
(i)
the
purchaser shall construct a building on the site within such period as may be
specified by the Authority as per plans, designs, and conditions to be approved
by the Authority or in conformity with the provisions of the Karnataka
Municipal Corporation Act, 1976 and the Bye-laws made thereunder.
(ii)
the
purchaser shall not without the approval of the Authority construct on the site
any building for the construction of which the site was allotted granted or
sold.
(iii)
the
purchaser shall not alienate the site within a period of ten years from the
date of the conveyance except by mortgage in favour of the Government of India
or the Government of Karnataka, the Life Insurance Corporation of India or the
Karnataka Housing Board or any Company or Co-operative Society approved by the
Authority or any Corporation set up owned or controlled by the State Government
or the Central Government to secure moneys, advanced by such Government,
Corporation, Company, Board, Society or Corporation, as the case may be for the
construction of the building on the site.
(b)
in
the case of a site on which a building has been constructed, the purchaser
shall not alienate the site and the building constructed thereon within a
period of ten years from the date of agreement, except by mortgage in favour of
the Government of India, the Government of Karnataka, the Life Insurance
Corporation of India, or the Karnataka Housing Board or any Company or
Co-operative Society approved by the Authority to secure moneys advanced by
such Government, Corporation, Board or Society or Company for the construction
of the building on the site.
(c)
in
the event of the purchaser committing breach of any of the conditions in clause
(a) or clause (b) the Authority may at any time, after giving the purchaser
reasonable notice, resume the site free from all encumbrances. The purchaser
may remove all things which he has attached to the earth.
Provided that he has left the site in the State in
which he received it, all transactions entered into in contravention of the
conditions specified in clause (a) and (b) shall be null and void ab initio:
Explanation.-- In this rule, references to the
authority shall be deemed to include the references to the commissioner when
authorised by the Authority by the general resolution to exercise any power
vested in the authority.
(3)
Notwithstanding
anything contained in sub-rule (2) but without prejudice to the provisions of
rule 13 where the lessee applies that for reasons beyond his control he is
unable to reside in the City of Bangalore or by reasons of his insolvency or
impecuniosity it is necessary for him to sell the site or site and the
building, if any, he may have put up thereon the Bangalore Development
Authority may, with the previous approval of the State Government either:--
(a)
require
him to surrender the site, where there is no building in its favour; or
(b)
where
there is a building put up permit him to sell the vacant site and building:
Provided that--
(i)
in
case covered by clause (a) the Authority shall pay to the lessee the allotted value
of the site and an additional sum equal to the amount of interest at twelve per
cent per annum thereon; and
(ii)
in
case covered by clause (b) the lessee shall pay to the authority a sum equal to
the amount of interest at twelve per cent per annum on the allotted value of
the site.
Rule - 15. Voluntary surrender.
An allottee may at any time after allotment,
surrender the site allotted to him to the Authority. On such surrender the
Authority shall refund all amounts paid by the allottee to the Authority in
respect of the said site.
Rule - 16. Savings.
Nothing in these rules shall be applicable to the
sale or transfer of sites by the Authority to--
(a)
The
Karnataka Housing Board for construction of houses; or
(b)
the
State Government for any purpose;
(c)
the
Karnataka State Road Transport Corporation, the Bangalore Water Supply and
Sewerage Board and the Karnataka Electricity Board.
Rule - 17. Repeal.
The Bangalore Development Authority (Allotment of
Sites) Rules, 1982 are hereby repealed.
Provided that such repeal shall not affect the
previous operation of the said rules or anything duly done or any action duly
taken under the said rules.