Haryana State Agricultural
Marketing Board (Sale Of Immovable Property) Rules, 2021
[07 July 2021]
No. 769-Agri. Sec. (1)-2021/6310.- In exercise of
the powers conferred by Sub-section (1) and clause (xxxv) of Sub-section (2) of
Section 43 read with section 18 of the Haryana Agricultural Produce Markets
Act, 1961 (23 of 1961), the Governor of Haryana hereby makes the following
rules regulating the sale and transfer of immovable property of the Haryana
State Agricultural Marketing Board and Market Committees, namely:-
Rule - 1. Short title, commencement and application :-
(1) These
rules may be called the Haryana State Agricultural Marketing Board (Sale of
Immovable Property) Rules, 2021.
(2) They
shall come into force on the date of their publication in the Official Gazette.
(3) They
shall apply to the Haryana State Agricultural Marketing Board and all the
Market Committees in the State of Haryana.
Rule - 2. Definitions :-
(1) In
these rules, unless the context otherwise requires,-
(a) "Act"
means the Haryana Agricultural Produce Markets Act, 1961 (23 of 1961);
(b) "booth
plot" means a plot without any individual platform in front of it to
display agricultural produce;
(c) "category
(ii) licensee" means a person to whom a license is granted for doing the
business of kacha arhtia under section 10 of the Act;
(d) "form"
means a form appended to these rules;
(e) "immovable
property" means booth plot, shop plot including shop-cum-flat and
shop-cum-office and other commercial sites or any other developed or
undeveloped or unplanned piece of land owned by the Board or a Market
Committee;
(f) "open
auction" means auction of immovable property without any reservation for
any category or class of persons;
(g) "reserve
price" means reserve price determined by the Chief Administrator o the Board
in respect of specific immovable property developed and owned by the Board or
Market Committee;
(h) "restricted
auction" means the auction of plot among category (ii) licensees;
(i) "shop
plot" includes shop-cum-flat and shop-cum-office with an individual platform
in front of it to display agricultural produce;
(j) "section"
means section of the Act;
(2) The
words and expressions used in these rules, but not defined, shall have the same
meaning as assigned to them respectively in the Act.
Rule - 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/ restricted auction/ open
auction in accordance with the provisions of these rules. All booth plots, shop
plots and other commercial sites in the market yards shall be disposed of
through the online electronic auction in the following manner; namely:-
(i) in
case an old market yard is to be de-notified resulting in displacement of the
category (ii) licensees, shop plots shall be offered in the first instance by
restricted auction among category (ii) licensees, found to be eligible under
criteria prescribed in sub-rule (2), to participate in restricted auction of
the shop plots in such new market yard wherein the business is to be shifted
from such old market yard. No preference shall be given to eligible licensees
in their order of seniority on the basis of period of license in any
eventuality.
(ii) the
shop plots remained after restricted auction and the booth plots, shall be
offered by open auction as per the terms and conditions laid down in rule 5.
(iii) the
plots shall be offered in open auction or restricted auction, as the case may
be, in the sequence as per their best preferential location.
(iv) notwithstanding
anything contained in clause (i) and (ii) above, the Board may frame a policy
with the approval of the State Government to offer the plots in open auction in
first go wherein eligible category (ii) licensees of old market yard (likely to
be de-notified) shall also have the right to participate alongwith general
public. In such policy, Board may consider to make a provision that in case
such old licensee is successful in such auction being highest bidder for a
particular shop plot, he may be entitled to get a concession in the price of
the shop plot at the rate of one percent price of the plot for each completed
yearly term of his such license in the old market yard. However, such
concession shall not exceed more than 25% of the price of the plot and further
the allotment price shall not be below the reserve price of the shop plot in
any case.
(2) The
old licensees of category (ii) of old market, which is to be de-notified,
resulting in displacement of such licensees of category (ii), shall be eligible
to get the shop plots on free hold basis as per sub-rule (i) for conducting the
business of sale and purchase of agricultural produce in the new market yard by
auction subject to the fulfillment of the following criteria; namely:-
(i) having
valid license of four years or more on the date fixed for inviting application
for establishing the eligibility;
(ii) have
paid market fee of at least twenty thousand rupees annually for the last two
years or his annual turnover during the last two years should be at least
rupees ten lacs;
(iii) license
has not 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;
(iv) have
an independent premises, either owned or rented; in the old mandi which is to
be de-notified and in case there are more than one licensee in the same
premises, the oldest licensee or the one which is agreed upon in writing by all
the licensees occupying the same premises, shall be eligible:
Provided that if the licensee of category (ii) has
already purchased a plot in open auction, either in his own name or in the name
of the licensee firm, then such licensee shall not be eligible.
(3) Where
no de-notification of the old mandi is involved, all the shops plots shall be
sold through open auction. The Board may frame a special policy with respect to
auction and minimum offer price for any class or category of the immovable
property in a specific mandi or in general.
(4) Notwithstanding
any provision of sub-rule (1) and sub-rule (3), a site (including shop plot,
booth plot or any other plot), subject to availability, may be allotted at
thirty percent above the reserve price or at such rate, as may be determined by
the State Government, to the following; namely:-
(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;
(iv) dharamshala/community
center in an area upto one thousand square meters to be set up by the
registered association of the traders of the Mandi;
(v) any
Government Department for any public utility services with the approval of the
State Government;
(vi) a
plot not exceeding one hundred square yards for setting up a free charitable
hospital by a registered society/trust/association, in a market yard.
(5) Notwithstanding
anything contained in sub-rule (1) to sub-rule (3) of this rule, the Board may
frame a special allotment scheme with the approval of the State Government to
allot the plots and other commercial sites in the special market yards. Such
scheme may provide for rental or free hold allotment by open auction,
restricted auction or any other manner as it may deem fit in the interest of
the trade in such market.
Rule - 4. Application for allotment sections 18 and 43 (1), (2) and (vi) :-
(1) In
case an old Market Yard is to be de-notified resulting in displacement of the
category (ii) licensees, the intending eligible licensee of category (ii) shall
make an application in Form A to the Executive Officer-Cum-Secretary of the
concerned Market Committee within thirty days of the notice of inviting such
applications.
(2) The
eligibility of licensees of category (ii) for participation in restricted/open
auction, as the case may be, shall be determined by the allotment committee
comprising of the concerned Executive Officer-Cum-Secretary and the District
Marketing Enforcement Officer under the Chairmanship of the Chairman/Administrator
of the Market Committee.
(3) In
case the allotment committee considers an applicant to be ineligible, then the
allotment committee shall decide the eligibility after giving an opportunity of
personal hearing to such applicant and shall pass speaking orders.
Rule - 5. Sale by open auction/restricted auction :-
(1) Any
person excluding minor, may participate in open auction. In case he desires to
bid on behalf of any other person, he shall have to produce a valid power of
attorney. The licensees declared eligible under rule 4 may participate in open
auction as well as restricted auction.
(2) The
intending bidders shall be required to deposit earnest money of twenty-five
thousand rupees in respect of booth plot and fifty thousand rupees for shop
plot before participating in the auction. Anyone intending to bid for more than
one property shall be required to deposit the earnest money separately for each
category of immovable property before the auction.
(3) The
reserve price shall be the minimum offered price for open auction as well as
restricted auction. The reserve price shall be worked out as per formula
approved by the Board from time to time. The reserve price once fixed shall be
revised only after one year of such fixation. The reserve price may further be enhanced
by twenty percent as a risk premium to adjust the expected enhancement wherever
compensation enhancement proceedings are still pending in any court for the
land of the Market. The allottees shall not be entitled to claim the refund of
such risk premium nor liable to pay any extra amount at later stage on actual
determination of compensation enhancement of the land in question.
(4) The
successful bidder shall pay ten percent of the bid cost including earnest money
deposited, within forty-eight hours of the bid otherwise his earnest money
shall be forfeited.Thereafter, the Market Committee shall submit the case to
Chief Administrator of the Board for seeking approval under section 18 along
with a copy of resolution of the Market Committee.
(5) The
Chief Administrator or the Auction Committee shall have the right to reject any
auction/bid and to withdraw any booth/shop plot from the auction at any time.
(6) After
the approval of the Chief Administrator, a letter of intent shall be issued to
the successful bidder. The successful bidder shall be bound to deposit fifteen
per cent of the bid amount within thirty days from the date of issuance of
letter of intent.
(7) The
allottee shall opt to deposit remaining seventy five percent of the bid amount
in any of the following manner:
(i) with
a rebate of five percent of the said amount, if paid in lump sum within sixty
days from the date of issue of letter of intent;
(ii) without
any interest on the said amount, if paid in lump sum within one hundred twenty
days from the date of issue of letter of intent;
(8) After
the deposit of total bid amount, the Market Committee shall issue the allotment
letter to the successful bidder within ten days. In case he fails to deposit
fifteen percent of bid amount within thirty days from the date of issue of
letter of intent or the balance seventy five percent of bid amount within one
hundred twenty days from the date of issue of letter of intent, the letter of
intent shall cease to have effect from that failure without any further notice
and the amount deposited under sub-rule (4) shall be forfeited and the balance
amount, if any, shall be refunded.
(9) (i)
If any allottee wishes to surrender the plot before the expiry of two years
from the date of issue of allotment letter, the Market Committee shall accept
the surrender of plot.
(ii) On surrender of plot referred to in clause
(i), the payment adjusted against its allotment price shall be refundable to
the allottee after forfeiting ten percent of allotment price plus
interest/penal interest recoverable. However, the interest/penal interest
recoverable shall be limited to one half of the amount paid beyond ten percent
of the allotment price or the ten percent of the allotment price, whichever is
lower.
Explanation- For the purposes of this provision,
the allottee shall be entitled to get the refund of payment that has been
adjusted against allotment price after making the deduction of the lowest of
the following three:-
(a) twenty
percent of the allotment price of the plot;
(b) ten
percent of the allotment price of the plot plus due interest and penal interest
against the plot on the date of application for surrender;
(c) five
percent of the allotment price of the plot plus fifty percent of the payment
adjusted against allotment price.
(iii) At the time of application for surrender
under clause (i), the allottee may exercise the alternative option as given in
succeeding paragraph regarding refund of amount subject to submission of an
undertaking not to litigate/claim anything in regard to such plot. The allottee
may exercise this option even after the expiry of two years from the date of
issuance of allotment letter.
(iv) In case the option is exercised by the
allottee, the Market Committee/Board shall put the said surrendered plot for
sale by an open auction. The minimum offer price shall be the reserve price
determined as per sub-rule (3) or the price on which the said plot was allotted
to such allottee, whichever is higher. The plot shall be allotted by the Market
Committee/ Board to the highest bidder in such open auction.
(v) The allottee who has surrendered the plot,
shall be entitled to receive fifty percent of the profit earned by Market
Committee/Board in such auction (i.e. fifty percent of the difference between
sale price of the plot to new allottee and the minimum offered price determined
for such open auction) as well as refund of such payments made by him which
have been adjusted against his allotment price, after forfeiting twelve and
half percent of allotment price plus interest /penal interest as may be recoverable.
However, the recoverable interest/penal interest shall be limited to one half
of the amount paid beyond twelve and half percent of the allotment price or the
ten percent of the allotment price, whichever is lower.
Explanation-For the purposes of this provision,
deduction of lowest of the following three from it on account of penalty of
surrender and on account of outstanding interest, penal interest, etc.:-
(a) twenty-two
and half percent of allotment price of the plot;
(b) twelve
and half percent of allotment price of the plot plus due interest and penal
interest against the plot on the date of submission of the application for
surrender;
(c) 6.25%
of allotment price of the plot plus fifty percent of such payments made by him
which have been adjusted against his allotment price.
(10) The
shop plots in the Market Yard shall not be permitted to be used for any purpose
other than the marketing of notified agricultural produces. However, the Board
may earmark a number of shop plots and any other commercial site as it deem
fit, to use for other purposes and may auction such plots for such use. The
Board may issue guidelines from time to time to Market Committee for already
allotted shops to use for other specified purposes in addition to marketing of
notified agricultural produce.
(11) An
allottee of a shop plot under these rules shall not be permitted to use the
premises for any other purpose except as specified by the Board from time to
time or for the purposes for which the immovable property has been sold by the
Market Committee/Board. If an allottee/transferee misuse his premises by doing
a business other than the permitted business then his first violation shall be
visited by a fine of three percent of the total sale price of the plot. If any
such violation found again, a fine amounting to five percent and seven percent
of the total sale price of the plot shall be imposed on the violators for
second and third violations respectively. In case he continued with such a
misuse of his premises fourth time, the plot shall be resumed and such
allottee/transferee shall be debarred from allotment of any other site under
these rules.
(12) The
business of sale and purchase of agricultural produce as kacha arhtiya shall be
prohibited in booth, because there is no space in front of the booths to
display the agricultural produce and the business of fertilizer, seeds,
pesticides, Karyana general store, tea shops, spare parts, hardware, electrical
works etc. only will be carried out in the booths. The trade of meat shop, wine
shop, atta chakki, processing units and other trade termed as offensive and
dangerous under section 128 of the Haryana Municipal Act, 1973 (24 of 1973),
shall be prohibited. In case of any violation, the booth shall be resumed.
(13) The
transfer of title of plot allotted in open auction or restricted auction, 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
specified by the Board, from time to time;
(14) The
allottee may submit the building plan subject to such norms as laid down by the
Haryana State Agricultural Marketing Board and shall construct the building as
per the approved building plan within a period of two years from the date of
offer of possession of the plot or he may opt to construct the building as per
the standard design issued by the Haryana State Agricultural Marketing Board
within the said prescribed period of two years. The Board may issue guidelines
to specify such norms and to define the procedure for approval of building
plan. The construction period of two years may be further extended by the
concerned Market Committee upto a maximum period of three years on payment of
extension fee at the rate of ten thousand rupees, fifteen thousand rupees, and
twenty thousand rupees 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.
(15) The
allottee may construct the shop plot upto second story and the booth plot upto
first story subject to building norms laid down by the Board from time to time.
The allottees of shop/booth plots, who intend to construct basement, may seek
the permission for the same. However, permission to construct the
basement/upper storey may be denied being not allowed as per norms for such
site or having involved structural safety issues, etc.
(16) Where
basement in shops/booths and upper storey of booths is constructed by the allottees
without taking approval, the same shall be regularized after composition of
such violation by charging the compounding fee specified by the Board with the
prior approval of the Chief Administrator. Thereafter, the completion
certificate in respect of such shops/booths shall be issued by the concerned
authority. However, no such regularization of the construction shall be
permitted in contradiction of the approved building norms for the similar site
and without taking no objection certificate from the concerned Executive
Engineer of the Board.
(17) The
other terms and conditions of the open auction/allotment shall be such, as
determined by the Chief Administrator, from time to time.
Rule - 6. Delivery of possession. section 43(1), (2) and (vi) :-
The possession of the shop plot/booth plot shall be
offered to the allottee by the Executive Officer-cum-Secretary, Market
Committee, in the following manner:-
(1) The
possession of the plot shall be offered to the allottee alongwith the allotment
letter, if minimum basic facilities i.e. roads, water and electrification as
required for construction of the building on the plot are existing. If the said
basic facilities are not existing, then offer of possession shall be given
after providing the said basic facilities. In case, the Board/Market Committee
fails to offer the possession within a period of two years from the date of
letter of intent, the allottee shall be entitled to get the refund of deposited
amount alongwith five percent simple interest or at such rate of interest, as
may be specified by the Board from time to time
(2) The
minimum basic facilities of roads, water supply, drinking water, sewerage,
electrification and common platform shall be made available to the allottee of
shop plots/ booths plots as per approved buildings norms for such site on the
date when he applies for completion certificate of the building. In case, such
basic facilities are not available at that time, the Market Committee shall not
be liable to charge any further interest from such date on the pending dues
till the date on which such facilities are made available to the allottee.
(3) Notwithstanding
the provisions of sub-rule (1) and (2), the basic facilities in the seasonal
mandi may be such, as may be notified by the Board from time to time.
Rule - 7. Surrender of plot. sections 18 and 43 (1), (2) and (vi) :-
(1) In
case of resumption under sub-rule (11), (12) and (14) of rule 5, the plot or
the structure with the plot, if any, shall be resumed by the Market Committee
after giving an opportunity of being heard to the concerned allottee.
(2) On
resumption of the plot referred to in sub-rule (1), the payment adjusted
against its allotment price shall be refundable to the allottee after
forfeiting ten percent of allotment price plus interest/penal interest, if any,
as may be recoverable. However, the recoverable interest/penal interest shall
be limited to one half of the amount paid beyond ten percent of the allotment
price or the ten percent of the allotment price, whichever is lower.
Explanation:-For the purposes of this sub-rule (2),
the allottee shall be entitled to get the refund of payment that has been
adjusted against allotment price after making the deduction of lowest of the
following three:-
(a) twenty
percent of the allotment price of the plot;
(b) ten
percent of the allotment price of the plot plus due interest and penal interest
against the plot on the date of application for surrender;
(c) five
percent of the allotment price of the plot plus fifty percent of the payment
adjusted against allotment price.
(3) At
the time of opportunity of being heard given to the allottee under sub-rule
(1), the allottee may exercise the alternative option as given in succeeding
paragraph regarding refund of amount subject to submission of an undertaking
not to litigate/claim anything in regard to such plot.
(4) In
case the option is exercised, the Market Committee/Board shall put the said
resumed plot for sale by an open auction. The minimum offer price shall be the
reserve price determined as per sub-rule (3) of rule 5 or the price on which
the said plot was allotted to such allottee, whichever is higher. The plot
shall be allotted by the Market Committee/ Board to the highest bidder of such
open auction.
(5) The
allottee whose plot has been resumed, shall be entitled to receive fifty
percent of the profit earned by the Market Committee/Board in such auction
(i.e. fifty percent of the difference between sale price of the plot to new
allottee and the minimum offered price determined for such open auction) as
well as refund of such payments made by him which have been adjusted against
allotment price, after deducting fifteen percent of allotment price and
recoverable interest /penal interest.
Rule - 8. Execution of deed of Conveyance :-
In case of sale of plot by allotment or by auction,
as the case may be, the allottee shall get executed the deed of conveyance,
after making payment of full price of the plot.
Rule - 9. Registration and stamp duty. sections 18 and 43 (1), (2) and (vi) :-
The allottee shall bear and pay all expenses in
respect of execution and registration of the deed of conveyance including the
stamp duty and registration fee payable thereof.
Rule - 10. Other terms and conditions :-
The other terms and conditions governing allotment,
transfer and auction of all types of immovable properties shall be as
determined by the Board from time to time.
Rule - 11. Fragmentation section 18 and 43 (1), (2) and (vi) :-
No fragmentation of any plot or building
constructed thereon, shall be permitted.
Rule - 12. Power to relax :-
The State Government, for reasons to be recorded,
may by an order relax any of the provisions of these rules with respect to any
class or category of the immovable property or persons.
Rule - 13. Appeal sections 18 and 43 (1), (2) and (vi) :-
(i) An
Appeal against an order of the Market Committee or Auction Committee of the
Market Committee under these rules shall be preferred to the Chief
Administrator of the Board, either by the appellant or through his agent,
within thirty days of the order appealed against.
(ii) The
memorandum of appeal shall be signed by the appellant or his agent and shall be
affixed with a court fee of rupees fifty.
(iii) The
order passed by the Chief Administrator of the Board or by the officer of the
Board authorized by him in this behalf, shall be final and binding.
Rule - 14. Repeal and savings :-
The Haryana State Agricultural Marketing Board
(Sale of immovable Property) Rules, 2000, are hereby repealed:
Provided that such repeal shall not-
(a) revive
anything not in force or existing at the time at which the repeal takes effect;
or
(b) affect
the previous operation of the rules so repealed or anything duly done or
suffered thereunder; or
(c) affect
any right, privilege, obligation or liability acquired, accrued or incurred
under the rules so repealed; or
(d) affect
any liability to pay charges for construction of basement, upper storey, etc.
as well as rate of interest and penal interest regarding the plots allotted
under said rules; or
(e) affect
any penalty, forfeiture or punishment incurred in respect of any offence
committed under the rules so repealed; or
(f) affect
any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as
aforesaid and any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture or
punishment may be imposed as if the said rules had not repealed:
Provided the rights and liabilities on resumption/
surrender of any plot allotted under repealed rules, shall be determined as per
these rules i.e. the Haryana State Agricultural Marketing Board (Sale of
immovable Property) Rules, 2021.
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FORM |
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[see rule 4(1)] |
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APPLICATION FORM FOR THE ALLOTMENT OF PLOT IN NEW
GRAIN/VEGETABLE/FODDER MARKET |
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__________________ DISTRICT________________ |
1. Name of the Applicant/Firm:
2. Number of licence under the Punjab Agricultural
Produce Markets Act, 1961(Act 23 of (1961):
3. Date on which the licence was issued:
4. Date on which the license was renewed:
5. Date upto which licence is valid:
6. Period for which the licence remained suspended
during the last two years:
7. Details of market fee deposited/turnover during
the last two years:
Financial
year Amount
1.
2.
8. Business premises i.e. shop No./boundaries alongwith size.
(a)
Whether applicant/firm is owner of the plot (attach proof) i.e. sale deed,
allotment letter or any other title deed.
(b)
If on rent, the rent per month and name of the owner (attach proof) i.e.
rent/lease deed or certificate from the local authority.
9.
Name of the persons/firms doing business or residing in the same premises.
10.
Description of any other plot owned by the applicant in the new market.
Please
allot a shop plot for Arhat shop in the New Grain/Vegetable/Fodder Market
________ on usual terms and conditions of the allotment. I clearly understand
that breach of any condition of the allotment will render the plot liable to be
resumed forth with and the money deposited by the applicant will be forfeited
as per the Haryana State Agricultural Marketing Board (Sale of Immovable
Property) Rules, 2021.
APPLICANT
VERIFICATION:
I________________S/o
____________________ resident of _____________ Tehsil__________ District
_____________ Partner/sole proprietor of the firm hereby verify that the facts
stated above in the application form are true and correct and nothing has been
concealed therein.
APPLICANT
Documents
enclosed:
1. Licence and market fee/turnover certificate
Annexure A
2. Suspension of licence certificate Annexure B
3. Premises Certificate Annexure C
4. Legal heirs Certificate Annexure D
5. Attested copy of licence with its renewals
6. Proof regarding ownership/rent i.e. Sale Deed/Allotment
letter/Rent/Lease Deed or certificate from local authority.
7. Partnership Deed.
8. Registration Certificate of the firm.
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ANNEXURE A |
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(see Form A) |
Certified that M/s _______________ have been a licensee of category (ii) in old
Grain/Vegetable/Fodder Market ______________for the last _________years as on
____________.
The
market fee deposited/turnover by this firm for the last two years is as under:-
1.
2.
Executive
Officer- Cum - Secretary,
Market
Committee,
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ANNEXURE B |
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(see Form A) |
Certified that licence of M/S has not been suspended/revoked for a period
exceeding two months at a time during the last two years as on ___________ for
violation of the Act or any rules made thereunder or non-payment of Market Fee
etc.
Executive
Officer-Cum-Secretary,
Market
Committee,
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ANNEXURE C |
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(see Form A) |
Certified that M/s. ___________ who is a licencee of Category (ii) in the old
Grain/Vegetable/Fodder Market _______________ have an independent premises in
the old Mandi and he owns this premises/is on rent in this premises which is
owned by Executive Officer-Cum-Secretary,
Market
Committee,
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ANNEXURE D |
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(see Form A) |
Certified that Shri ____________ S/o _____________ is a legal heir of Shri
___________ who was licence of Category (ii) in old Grain/Vegetable/Fodder
Market __________________ under Licence No. __________ from __________ to
____________ and was sole proprietor/partner of M/s._________________ (under
Licence No. ______________) and is continuing the business after the death of
his father in the same premises in the old Grain/Vegetable/Fodder Market
___________ under a fresh licence bearing No. ___________ since ____________
Executive Officer-Cum-Secretary,
Market
Committee.