PREAMBLE
In exercise
of the powers conferred by Sec. 34 read with Sec. 111 of the Major Port Trusts
Act, 1963, The Government of India in the Ministry of Shipping, hereby, makes
the following Scheme, namely:
Scheme - 1. Short title.
"The
Gandhidham Township Land (Residential & Composite Zones) Conversion from
Lease-Hold Land Tenure into Free-Hold Land Tenure Scheme".
Scheme - 2.
The Scheme
shall come into force from the date of publication in the Official Gazette.
Scheme - 3.
Unless the
context otherwise requires, the words and expressions used in the Scheme shall
have the meaning as assigned to them in the Major Port Trusts Act, 1963 and the
rules made there under from time to time.
Scheme - 4.
This
Conversion Scheme shall apply only to the residential and composite zones of
the land leased by the Kandla Port Trust at Gandhidham and that sub-leased by
Sindhu Resettlement Corporation Limited (hereinafter referred to as 'SRC' in
short) at Gandhidham and Adipur.
Scheme - 5.
It applies
only to the sites mentioned in the Master Plan of twin townships of Gandhidham
and Adipur as residential and composite zones.
Scheme - 6.
The Conversion
charges will be payable to Kandla Port Trust under Ministry of Shipping,
Government of India.
Scheme - 7.
The
Proposed conversion can be given effect in respect of the following:
(i)
All residential built-up sites where
the lease has been granted for residential and/or composite purpose.
(ii)
All the built-up houses where the
leasehold has been granted to Co-operative housing societies, Central
Government/State Government bodies, Semi-Governmental bodies by SRC for
residential and composite zones only.
Plots
allotted for other purposes such as commercial, Godown, Industrial are excluded
from the Scheme.
Scheme - 8.
For Kandla
Port Trust Land, the conversion Will be allowed to lessees, who opt for the
Scheme on payment of one time charges payable for the conversion from Leasehold
to freehold to the Kandla Port Trust on the basis of the market value of the
land as approved and notified by the Kandla Port Trust from time to time.
Scheme - 9.
For the SRC
Land, market value of the land for consideration and calculation of conversion
charges will be as approved by the Chairman of the Kandla Port Trust from time
to time.
Scheme - 10.
The
conversion charges to be paid are provided in Annexure-A to the Scheme as
revised from time to time.
Scheme - 11.
The lessee
shall make an application to the Kandla Port Trust in the prescribed proforma
(Annexure-B within such time as may be notified by the Kandla Port Trust. The
lessee is required to submit affidavit in prescribed format to the effect that
there is no unauthorized construction/misuse/change of use in the leased
property. However, filing of the affidavit does not bar Kandla Port Trust to
take action under the Land Policy or other relevant. Acts/Rules framed
thereunder for unauthorized on construction/misuse/change of use under the
Building Bylaws/Zoning Regulations and allotment terms.
Scheme - 12.
The lessee
shall submit an application along with one time processing charges of Rs.
500/-. He will have the discretion to pay the full amount of conversion charges
in one go or pay the same in instalments. The first instalment will be paid by
the applicant on demand immediately after his request for conversion is
allowed. The balance payment shall be payable with interest @ 12% per annum in
6 Six monthly installments with the next installment becoming payable after six
months from the date of payment initial installment. During the intervening
period i.e. from making an application for Conversion, the lessee shall have to
pay the lease rent, which they will pay till the full amount of conversion
charges etc. is paid with interest and thereafter the Conveyance Deed in
executed in his favour. In case of non-payment of balance instalments with
interest within three years, the instalments and interest paid stands forfeited
to Kandla Port Trust.
Scheme - 13.
The payment
shall be made by Demand draft Pay order made in favour of "KANDLA PORT
TRUST". It shall be drawn on the Scheduled bank by KPT and payable at
Gandhidham.
Scheme - 14.
In cases of
plots allotted to Co-operative housing societies/building societies, Conveyance
Deed tendered to the residential plot/structure constructed thereon shall be
permitted only after the construction is permitted and the completion
certificate is obtained and possession of the built-up/flat is given to the
allottees/members.
Scheme - 15.
In case of
Co-operative housing societies; whose members have been allotted individual
plots, conversion will be allowed for sub-lessee through the lessee, who have
paid all the outstanding dues in respect of their individual units provided the
individual members and size of plots have already been approved by the Port or
Government.
Scheme - 16.
In case of
lands sub-leased by SRC, sub-lessees may apply to Kandla Port Trust with NOC
from SRC, after complying with all the applicable clauses stated above and
payment of conversion charges to Kandla Port Trust.
Scheme - 17.
The
original lease deed should be produced at the time of conveyance deed, which
will be cancelled.
Scheme - 18.
In all
cases of conversion. Conveyance Deed shall be got registered on the payment of
requisite Stamp Duty and the registration charges as per the relevant Rules of
the Government of Gujarat, which will be payable by the lessee/applicant, along
with other incidental charges.
Scheme - 19.
The
person/persons whose names appear on the records as lessee can apply for conversion.
If there are number of lessees, all of them will have to sign the application.
However, the lessee (s) can also give Power of Attorney (which should be
registered in the office of Sub-registrar) to sign the application on his/her
behalf.
Scheme - 20.
If there
was already a transaction regarding the properties and the original lessee has
given General Power of Attorney to another person for execution of Sale Deed,
the GPA holder himself can apply for conversion. However, in such case, it
should also be specified in the application as to in whose name the conversion
is to be granted. If there are a series of GPAs, attested copies of all such
GPAs must be furnished to establish the link with the lessee on record and the
applicant.
Scheme - 21.
For each
property there should be only one application and all co-lessees will have to
sign on the same. If an application is not signed by all the co-lessees it will
not be accepted.
Scheme - 22.
One
application can be considered only for one property. Therefore, if a person
holds more than one property he will have to apply separately in respect of
each property.
Scheme - 23.
Conversion
will be granted even where a portion of residential property is being put to
Non-residential use, subject to the payment of misuse charges by statutory
authority, whether earlier demanded or not.
Scheme - 24.
Conversion
will be granted to the leasehold properties even if there is unauthorized
construction, subject to payment of damages charges to the statutory authority,
whether earlier demanded or not. However, the applicant will be liable for
action under Municipal Bye-laws. The conversion to Freehold in the presence of
misuse/unauthorized does not act as waiver of any action, which is liable to be
the building by laws by the Local Body.
Scheme - 25.
Application(s)
can be given by the person/persons on whose names the substitution/mutation
will have to be carried out. However, this application will be considered only
on disposal of pending substitution/mutation case. On disposal of
substitution/mutation case, if it is found that the substitution/mutation is
carried out on the name of the same person/persons who applied for conversion,
the same application will be taken into account, on the rates applicable as on
date of substitution/mutation. Otherwise the conversion application will be
rejected.
Scheme - 26.
In case
where revision of ground rent has become due but has not been revised before
the receipt of conversion application, the ground rent would be charged @ five
times of the original ground rent w.e.f. the date on which the revision has
become due.
Scheme - 27.
The Ground
rent is payable up to the date on which last of the payments are made by the
applicant, whether it is conversion fee or any other dues claimed and not paid
by the lessees.
Scheme - 28.
The
Chairman of Kandla Port Trust may relax all or any of these Rules, if he
satisfied that such relaxation is in the public interest and shall promote
housing in Gandhidham Township land, but will do so with the prior approval of
the Central Government.
Scheme - 29.
The plots
allotted prior to or in 2002, will be eligible for consideration under this
scheme.
Scheme - 30.
In the
following cases, conversion will not be allowed:-
(a)
Conversion to freehold shall be
allowed only in the cases where residential buildings on the sites have been
constructed and Completion Certificates have been issued by the Competent
authority i.e. Gandhidham Development Authority.
(b)
In case of lease granted to a person,
the same cannot be split and in such a case no conversion will be allowed.
(c)
When the lease stood
determined/cancelled or the property stood reentered.
(d)
When there is a pending litigation
about the title of the property.
(e)
When there is a pending litigation
between the lessee and lesser.
(f)
When the property is mortgaged and No
Objection Certificate for conversion obtained from the mortgagee is not
enclosed with the application.
(g)
When the application is signed by a
person who is not eligible to apply for conversion or the property is not
eligible for conversion under the policy.
(h)
If the applicant is a General Power of
Attorney holder and the conversion is to be granted in favour of the purchaser
and if the requisite documents in evidence of the transaction in favour of the
purchaser is not furnished.
(i)
When the applicant is holder of Power
of Attorney and the conversion is to be granted in favour of the purchaser and
there is no evidence produced in support of the possession of the premises with
the purchaser.
(j)
When the allottee of the plot did not
complete the construction of the building and does not produce any evidence in
this regard.
(k)
When the charges payable under
different heads mentioned in the application forms are not fully paid.
(l)
If the property involves encroachment
on public land/Government land.
(m)
When the application is incomplete.
ANNEXURE-A
STATEMENT SHOWING ONE TIME CONVERSION CHARGES/FEE FOR PLOTS OF VARIOUS
SIZES ALLOTTED BY THE KANDLA PORT TRUST/SINDHU RESETTLEMENT CORPORATION LTD. AT
GANDHIDHAM/ADIPUR
|
Plot are
in Sq. mtrs
|
Calculation
fee to be calculated on the Following basis
|
Formula
for calculating conversion fee
|
|
Up to 50
|
Nil
|
Nil
|
|
Above 50
and Up to 150
|
7.5% of
notified land rate per Sqr. Mtrs for area above 50 Sqr. Mtrs
|
0.075 X R
X (P-50)
|
|
Above 150
and Up to 250
|
Conversion
charges applicable to 150 Sqr. Mtrs plus 10% of notified land rate per sqm.
for area above 150 Sqr. Mtrs
|
(7.5 X R)
Plus [0.1 x R (P-150)]
|
|
Above 250
and Up to 350
|
Conversion
charges applicable to 250 Sqr. Mtrs plus 15% of notified land rate per sqm.
for area above 250 Sqr. Mtrs
|
(17.5 X
R) Plus [0.15 X R (P-250)]
|
|
Above 350
and Up to 500
|
Conversion
charges applicable to 350 Sqr. Mtrs plus 20% of notified land rate per sqm.
for area above 350 Sqr. Mtrs
|
(32 X R)
Plus [0.2 X R(P-350)]
|
|
Above 500
and Up to 750 sq. mtrs
|
Conversion
charges applicable to 500 Sqr. Mtrs plus 25% of notified land rate per sqm.
for area above 750 Sqr. Mtrs
|
(62.5 X
R) Plus [0.25 X R (P-500)]
|
|
Above 750
and Up to 1000 sq. mtrs
|
Conversion
charges applicable to 750 Sqr. Mtrs plus 30% of notified land rate per sqm.
for area above 1000 Sqr. Mtrs
|
(125 X R)
Plus [0.30 X R X (P-750)]
|
|
Above
1000 to 2000 sq. mtrs
|
Conversion
charges applicable to 1000 Sqr. Mtrs plus 40% of notified land rate per sqm.
for area above 2000 Sqr. Mtrs
|
(200 X R)
Plus [0.40 X R X (P-1000)].
|
|
Above
2000 sq. mtrs
|
Conversion
charges applicable to 1000 Sqr. Mtrs plus 50% of notified land rate per sqm.
for area above 2000 Sqr. Mtrs
|
(600 X R)
Plus [0.50 X R X (P-2000)]
|
P = Plot Area
in Square Meters
R = Land
rate in rupees per Square Meter as notified by the Kandla Port Trust from time
to time.
ANNEXURE 'B'
ESTATE OFFICE, KANDLA PORT TRUST ADMINISTRATION APPLICATION FORM FOR
CONVERSION OF LEASEHOLD SITES INTO FREE HOLD
1.
Site/Plot
No.______________________________________________________________
Sector/Ward
No.___________________________________________________________
Area of
Site (in Sqr. Mtrs)___________________________________________________
File No.___________________________________________________________________
2.
(i) Name of the
lessee/applicant:____________________________________________
(ii)
Father's/Husband's Name:______________________________________________
(iii)
Address:______________________________________________________________
3.
Status of the applicant:
(Lessee/G.P.A.)______________________________________
4.
Name and address of the Purchaser, In
whose name conversion is sought_________________________________________
5.
(i) If the applicant is General Power
of Attorney holder (if so, attested Copy be
attached)_________________________________________
6.
Whether the lease is for
site/tenement________________________________________
7.
Whether the lease deed has been
Executed and registered, if so, give Registration No._________page
No._______________date______________________________
8.
Whether the lease has been cancelled
And site has been restored, if so, Give details there
of_______________________________________________________
9.
Whether there is any dispute pending
In the Court of Law regarding Title or Otherwise, If so, give
details______________
10.
Whether any application for
substitution/mutation is pending Give
details______________________________________________________________
11.
(i) Whether the site stands
mortgaged_______________________________________
12.
(ii) If yes, whether NOC from the
Mortgagee is enclosed________________________
13.
Whether affidavit regarding
Un-authorized construction/misuse In the building is enclosed__________________________________________________
14.
Self Assessment of Conversion Charges
payable.
(i)
Amount of Conversion Charges As per
formula Rs.__________________________
(ii)
Surcharge, if the applicant is G.P.A.
Rs.___________________________________
Arrears of
ground rent, if any, Along with interest
Rs.__________________________________________________
(iii)
Total (i + ii + iii)
Rs._____________________________________________________
15.
Whether the applicant wants to pay The
amount shown above at Column 14 In lump-sum or in 6 equated
installments.________________________________
|
Date:
|
Signature
of Applicant
|