RAJASTHAN
IMPROVEMENT TRUST (DISPOSAL OF URBAN LAND) (SECOND AMENDMENT) RULES, 2021
PREAMBLE
In exercise of the powers conferred by sub-section (1) of section 74
read with section 43 and 60 of the Rajasthan Urban Improvement Act, 1959 (Act
No. 35 of 1959), the State Government hereby makes the following rules further
to amend the Rajasthan Improvement Trust (Disposal of Urban Land) Rules, 1974
and orders with reference to proviso to sub-section (2) of section 74 of the
said Act, that the previous publication of these amendment rules is dispensed
with as the State Government, in public interest, considers that these
amendment rules should be brought into force at once, namely:-
Rule - 1. Short title and commencement.
(1)
These rules may be called the Rajasthan Improvement Trust
(Disposal of Urban Land) (Second Amendment) Rules, 2021.
(2)
They shall come into force at once.
Rule - 2. Amendment of rule 7.
In sub-rule (5) of
rule 7 of the Rajasthan Improvement Trust (Disposal of Urban Land) Rules, 1974,
hereinafter referred to as the said rules, for the existing expression
"12% per annum", the expression "9% per annum" shall be
substituted.
Rule - 3. Amendment of rule 14-A.
The existing
sub-rule (1) of rule 14-A of the said rules shall be substituted by the following,
namely:-
"(1)
If a person who purchases the independent plot or other plot through public
auction for residential or commercial purposes has not constructed one dwelling
unit/commercial unit, as the case may be, in case of independent plot or in
case of other plot such as for group housing, flats, institutional purposes,
commercial purposes etc. has not constructed 1/5 of ground coverage of plot
area within seven years from the date of purchase of independent plot or other
plot, he shall be liable to pay levy at the following rates:-
(a) in
case of lease hold patta:
|
S.N.
|
Period of non
construction
|
Levy
|
|
1
|
2
|
3
|
|
1.
|
0 to 7 years
|
Nil
|
|
2.
|
after 7 years
and upto 14 years
|
0.25% per year
of the reserve price at the time of auction.
|
|
3.
|
after 14 years
and upto 20 years
|
0.50% per year
of the reserve price at the time of auction.
|
|
4.
|
after completion
of 20 years, the Trust shall issue a notice to the allottee to complete the
construction within a period of 2 years.
|
0.75% per year
of the reserve price at the time of auction.
|
|
5.
|
after completion
of 22 years
|
Lease deed shall
automatically stand cancelled.
|
(b) in
case of free hold patta:
|
S.N.
|
Period of non
construction
|
Levy
|
|
1
|
2
|
3
|
|
1.
|
0 to 07 years
|
Nil
|
|
2.
|
after 07 years
and upto 14 years
|
0.10% per year
of the reserve price at the time of auction.
|
|
3.
|
after 14 years
and upto 20 years
|
0.25% per year
of the reserve price at the time of auction.
|
|
4.
|
after completion
of 20 years, the Trust shall issue a notice to the allottee to complete the
construction within a period of 2 years.
|
0.50% per year
of the reserve price at the time of auction.
|
|
5.
|
after completion
of 22 years
|
Free hold patta
shall automatically stand cancelled.
|
Provided that the
Trust may, if satisfied that some minimum facilities of electricity, water and
approach road are not available in the area, exempt from payment of levy for
non-construction.
Provided further
that the Trust may, on application of lessee/allottee/patta holder, regularise
and restore such cancelled lease/patta with the approval of the State
Government, if such land has not been allotted to any other person and lessee
is prepare to pay an additional levy at the rate of 0.75% and free hold patta
holder is prepare to an additional levy at the rate of 0.50% per year of the
reserve price at the time of auction in addition to levy payable for 22 years.
(1A)
Notwithstanding anything contained in sub-rule (1), in case of any vacant plot
where rain/waste water or garbage gets accumulated, a notice of fifteen days
shall be given to such plot holder to remove such accumulated rain/waste water
or garbage within a period specified in the notice, if he fails to comply with
the notice, the allotment of such plot shall be cancelled."
Rule - 4. Amendment of rule 17.
In rule 17 of the
said rules,-
(i)
in sub-rule (5), for the existing expression "@ 15%
per annum", wherever occurring, the expression "@ 9% per annum"
shall be substituted; and
(ii)
the existing sub-rule (6A) shall be substituted by the
following, namely:-
"(6A)
A person who has been allotted a plot at fixed rates fails to construct one
dwelling unit within seven years from the date on which possession of land so
allotted is handed over to him, such allotment shall automatically stand
cancelled and the allottee shall not be eligible for allotment of a plot in
future:
Provided that the
Trust, if satisfied that some minimum facilities of electricity, water and
approach road are not available in the area, may fix a date from which the
period of seven year shall be counted.
Provided further
that such automatic cancellation may be regularised by withdrawing the such
automatic cancellation, if the allottee is prepared to pay the levy at
following rates:-
(a) in
case of lease hold patta:
|
S.N.
|
Period from the
date of possession handed over
|
Levy
|
|
1
|
2
|
3
|
|
1.
|
0 to 7 years
|
Nil
|
|
2.
|
after 7 years
and upto 14 years
|
0.25% per year
of the allotment price.
|
|
3.
|
after 14 years
and upto 20 years
|
0.50% per year
of the allotment price.
|
|
4.
|
after completion
of 20 years, the Trust shall issue a notice to the allottee to complete the
construction within a period of 2 years.
|
0.75% per year
of allotment price.
|
|
5.
|
after completion
of 22 years
|
Lease deed shall
automatically stand cancelled.
|
(b) in
case of free hold patta:
|
S.N.
|
Period from the
date of possession handed over
|
Levy
|
|
1
|
2
|
3
|
|
1.
|
0 to 07 years
|
Nil
|
|
2.
|
after 07 years
and upto 14 years
|
0.10% per year
of the allotment price.
|
|
3.
|
after 14 years
and upto 20 years
|
0.25% per year
of the allotment price.
|
|
4.
|
after completion
of 20 years, the Trust shall issue a notice to the allottee to complete the
construction within a period of 2 years.
|
0.50% per year
of allotment price.
|
|
5.
|
after completion
of 22 years
|
Free hold patta
shall automatically stand cancelled.
|
Provided further
that the Trust may, on application of lessee/allottee/patta holder, regularize
and restore such canceled lease/patta with the approval of the State
Government, if such land has not been allotted to any other person and lessee
is prepare to pay an additional levy at the rate of 0.75% and free hold patta
holder is prepare to an additional levy at the rate of 0.50% per year of
allotment price in addition to levy payable for 22 years.
(6B)
Notwithstanding anything contained in sub-rule (6A), in case of any vacant plot
where rain/waste water or garbage gets accumulated, a notice of fifteen days
shall be given to such plot holder to remove such accumulated rain/waste water
or garbage within a period specified in the notice, if he fails to comply with
the notice, the allotment of such plot shall be cancelled."
Rule - 5. Substitution of rule 26.
The existing rule
26 of the said rules shall be substituted by the following namely:-
26.
Documentary evidence of allotment or sale of land.-
"For every
allotment or disposal by auction under these rules a document evidencing the
same shall be in such form as may be specified by the State Government, from
time to time, and shall be duly stamped and registered at the expenses of the
allottee or the purchaser. "
Rule - 6. Amendment of Annexure-A.
In Annexure-A
appended to the said rules,-
(i)
in clause (k), for the existing expression
"15%", the expression "9%" shall be substituted; and
(ii)
in clause (l), for the existing expression
"15%", the expression "9%" shall be substituted; and