THE PUNJAB TOWN IMPROVEMENT (UTILISATION OF LAND AND ALLOTMENT OF PLOTS) RULES, 1983 [AMENDED UPTO 2021]

Rule 1. Short title and commencement.--

(1)     These rules may be called the Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983.

(2)     They shall come into force at once.

Rule 2. Definitions. --

In these rules unless the context otherwise requires, -

(a)      "Act" means the Punjab Town Improvement Act, 1922 (Punjab Act No. 4 of 1922);

(b)      "Form" means a Form appended to these rules;

(c)      "Institutional purposes" means purposes relating for the setting up of educational, charitable, social and religious institutions;

(d)      "Local displaced person" means a person who is the owner of any land acquired by the Trust for the execution of any scheme under the Act and who has been such owner for a continuous period of two years immediately before the first publication of such scheme by the Trust under Section 36;

["(dd) "market value" means the minimum value of the land as fixed by the Collector under the Punjab Stamp (Dealing of Undervalued Instruments) Rules, 1983; and][1]

(e)      "Multi-storeyed house" means a house or building having more than three floors;

["(ee) "State Government" means the Government of the State of Punjab in the Department of Local Government;".][2]

(f)       "Section" means a Section of the Act; and

(g)      "Trust" means Trust created under the provisions of the Act.

Rule 3. Extent of saleable area. --

(1)     While preparing a development scheme or an 'expansion scheme under Section 24 (hereinafter referred to as the scheme), the Trust shall ensure that after development the saleable area shall, as far as may be, not less than sixty per centum of the total area under the scheme.

(2)     The saleable area referred to in sub-rule (1) shall be utilised for the purpose and to the extent indicated as under against each such purpose :-

Purpose	Extent for utilisation
(i) Residential	Ninety per centum of the saleable area.
(ii) Commercial	Four per centum of the saleable area.
(iii) Institutional purpose	Six per centum of the saleable area :

Provided that a Trust may, with the period approval of the Government, vary the percentages of utilisation specified above keeping in view the local requirements and economics of the scheme.

Rule 4.[Reservation of residential plots or multi-storied houses and commercial plots.][3]

["(1) Subject to the provisions of rule 10, the residential plots or multi-storyed houses shall be reserved for allotment to the following categories of persons, in the manner as specified in the Table given below, namely :-

TABLE

Serial No.	Category of persons	Percentage of reservation
1	Freedom fighters, who are having domicile of the State of Punjab and who have been awarded Tamra Patra by the State Government or their widows (if such freeedom fighter has died) or (if both the parents have died) their children.	Two percent
2	Defence Personnel, Border Security Force Personnel, members of the Central Reserve Police Force, Ex-servicemen and War Widows, who are domicile of the State of Punjab.	Four percent
3	Legal heirs of Defence Personnel, Border Security Force Personnel, members of the Central Reserve Police Force personnel killed on duty.  Note - The expression "Ex-serviceman" is a person, who is domicile of the State of Punjab and has served in any rank, whether as a combatant or as a non-combatant, in Border Security Force or Central Reserve Police Force [except the Assam Rifles, Lok Sahayak Sena, Jammu and Kashmir Militia, Territorial Army, Defence Security Corps and the General Reserve Engineering Force], for a continuous period of not less than six months after attestation and has been released otherwise than by way of dismissal or discharge on account of misconduct or inefficiency.	Two percent.
4	Disabled Soldiers of Punjab (with hundred percent disability)	One percent.
5	Riot affected persons or Terrorist victims.  Note 1 - For the purpose of this item,-  (i) 'Riot affected person' means a person, who has migrated to the State of Punjab from any other part of the country and possesses a red card issued by the Deputy Commissioner concerned provided such person has not been allotted a plot or house under the riot affected persons category either at Delhi or at any other place in India; and (ii) 'Terrorist victim' means a person who is domicile of the State of Punjab and possesses a certificate issued by the Deputy Commissioner concerned provided such person has not been allotted a plot or house under the category of terrorist victim. Note 2 - The reservation under this category shall be extended by the State Government as per the policy framed in this regard from time to time.	Five percent.
6	Gallantry Award Winners, namely :-  (a) Param Vir Chakra  (b) Maha Vir Chakra  (c) Vir Chakra  (d) Ashok Chakra  (e) Kirti Chakra  (f) Shaurya Chakra (g) President Police Medal  (h) Police Medals  (i) Sena Medal or Nau Sena  Medal or Vayu Sena Medal, as the case may be.  Note 1 - In case of posthumous award, the next of kin (i.e. the widow; if award winner was married and if unmarried then his mother or father, as the case may be) shall be eligible to avail the plot or house, as the case may be.  Note 2 - The order of precedence for allotment under this category shall be maintained as specified above.	Two percent.
7	Sports persons, who have won a medal at Common Wealth or Asian or Olympic Games.	Two percent
8	Disabled persons (as defined in the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995), possessing a certificate issued in this regard by the Competent Authority.	Three percent.
9	Persons belonging to the Scheduled Castes or Scheduled Tribes (possessing a certificate issued in this regard by the Competent Authority.	Fifteen percent:

[4]["10. The persons appointed by the,-

 

(i)	State Government, who are holding the posts in connection with the affairs of the State of Punjab;
(ii)	High Court of Punjab and Haryana;	Three percent
(iii)	Boards and Corporations owned and controlled by the State of Punjab;
(iv)	apex institutions under the control of the Department of Cooperation such as Markfed, Milkfed, Punjab State Cooperative Bank and Housefed; and
(v)	universities funded by the State of Punjab except the private universities.

Note:-

(1)     The applicant should have completed at least five years of regular Service or should have retired within the last five years from the date of commencement of these rules.

 

(2)     An applicant on deputation in Punjab from Government of India or any other State shall not be eligible to apply under these rules.

 

(3)     Allotment shall be made to those applicants, who do not own any plot or flat in his name or in the name of his wife or husband or dependent, as the case may be.

 

(4)     The applicant should not have ever been allotted residential plot or house, as the case may be, under discretionary quota or on the basis of preference in any scheme.

 

(5)     The applicant shall submit the application indicating date of joining or retirement after getting it certified from the concerned DDO of the department concerned."]

Provided that the unutilized plots or houses, as the case may be, reserved for the categories of persons specified above, because of non-availability of eligible persons, shall be open for allotment to the persons other than the aforesaid categories of persons."; and.][5]

Provided that ten per cent of the residential plots and multi- storeyed houses shall be reserved for persons whose applications for allotment of residential plots and multi-storeyed houses are pending for a period of more than five years ending with the date of commencement of these rules :

Provided further that the unutilized plots reserved for different categories of persons under sub-rule (1) for want of eligible persons shall be open for allotment to the persons other than the reserve categories of persons :

Provided further that ten per cent of the residential plots and multi-storeyed houses shall be allotted by the Trust with the approval of the Government to such category or class of persons and in the manner as the Government may from time to time keeping in view the socio-economic conditions of such persons specify.

Note 1.- In this rule eight percent of plots reserved for the person belonging to the scheduled Castes and Backward Classes shall be allotted to them in the ratio of 3:1.

Note 2.- In this rule eight percent reservation as shown against item (iii) of sub-rule (1) shall be as under:-

(a) Defence Personnel	Four per cent.
(b) Border Security Force Personnel and the members of the Central Reserve Police Force.	Two per cent.
(c) Ex-servicemen and War Widows	Two per cent.

Explanation. - The expression "Ex-serviceman" used in this sub-rule shall mean a person who is ordinarily residing in the State of Punjab and has served in any rank, whether as a combatant or as a non-combatant in the Indian Armed Forces or the Armed Forces of the former Indian States or Border Security Force or Central Reserve Police Force excluding the Assam Rifles, Lok Sahayak Sena, Jammu and Kashmir Militia, Territorial Army, Defence Security Corps and the General Reserve Engineering Force for a continuous period of not less than six months after attestation and has been released otherwise than by way of dismissal or discharge on account of misconduct or inefficiency.

(2)     A local displaced person shall be allotted a residential plot on reserve sale price in accordance with the following criteria; provided he applies for such allotment in Form 'A' within a period of three years from the date of taking over the possession of his land acquired by the Trust :-

(i)	If the area of land acquired is not less thaw-1/2 acre and is not more than one acre or if the land acquired consists of a dwelling unit even though it is less than 1/2 acre;	100	Square	Yards
(ii)	If the area of land acquired exceeds one acre but does not exceed two acres;	200	Square	Yards.
(iii)	If the area of land acquired exceeds two acres but does not exceed three acres	300	Square	Yards.
(iv)	If the area of land acquired exceeds three acres but does not exceed five acres;	400	Square	Yards.
(v)	If the area of land acquired exceeds five acres;	500	Square	Yards :

Provided that the local displaced persons having a joint khata being co-sharers shall be allotted only one plot taking into account the whole or their joint land acquired.

(3)     The residential plots left after reservation under sub-rule (1) and after making allotments to the local displaced persons under sub-rule (2) shall be open for allotment to the general category of persons in accordance with their eligibility as provided in rule 10.

 

(4)     The reserved categories of persons and the local displaced persons shall not be entitled to allotment of plots earmarked for general category of persons under sub-rule (3) if they have applied for allotment under sub-rule (1) or sub-rule (2).

 

["(5) Commercial plots carved out in a Scheme, shall be reserved to the extent of three percent for the persons with disabilities (not less than forty percent), as certified by the Competent Authority under the Persons with Disabilities (Equal Opportunity, Protection of Rights, and Full Participation) Act, 1995. In case of insufficient applications received under this category, then the said plots shall be sold to general category.". ][6]

Rule 5. [Fixation of reserve sale price.-

(1)     The reserve sale price (which shall not be less than the market value) of residential plots, shall be fixed by the Trust as per the formula given in the Annexure appended to these rules:

Provided that the said price, shall be revised every year with a minimum increase of not less than seven percent per annum:

Provided further that if the plots could not be sold in two consecutive auctions (at a gap of not less than forty-five days), the reserve sale price may be reduced by twenty percent, with the prior approval of the State Government:

Provided further that if the said plots could not be sold even with the reduced price through auction, the reserve sale price may be further reduced by twenty per cent, with the prior approval of the State Government:

Provided further that reserve sale price in any case shall not be less than the market value at the relevant time.

(2)     The reserve sale price of a multi-storied house, shall be determined by the Trust, keeping in view the cost incurred thereon and the reserve sale price of the land.

(3)     The reserve sale price in respect of commercial plot shall be fixed by the Trust, which shall not be less than double the price of the residential plot, subject, however, to the condition that the same shall not be less than the market value at the relevant time.

Rule 6. Sale price.-

(1)     The sale price in respect of a residential plot and multi storied house for allotment through draw of lots shall be, in case of plots measuring,-
 

(i)       up to 100 square yards and multi-storied houses - the reserve sale price;
 

(ii)      more than 100 square yards up to 200 square yards - 125 per cent of the reserve sale price;
 

(iii)     more than 200 square yards up to 300 square yards - 150 per cent of the reserve sale price; and
 

(iv)    more than 300 square yards-200 per cent of the reserve sale price.
 

(2)     The land for the institutional purposes, shall be allotted by the Trust on the reserve sale price as specified in sub-rule (1):

 

Provided that where larger public interest of high importance is involved, the Trust may, with the approval of the State Government, allot land on an amount lesser than the reserve sale price or free of cost, as the case may be:

Provided further that the land allotted to any institution shall exclusively be used for the purpose for which it has been allotted, failing which the allotment shall be deemed to have been cancelled.

(3)     The reserve sale price for open auction of a plot shall be the amount announced by the Trust, at the time of auction.
 

(4)     In case of a corner plot, an additional amount to the tune of ten per cent of the reserve sale price shall be payable by the allotted.
 

(5)     Each allotted, shall be liable to pay cancer cess and other cesses, if any, as fixed by State Government from time to time.

Rule 7. Mode of payment of sale price.-

(1)     The sale price shall be payable in the following manner, namely:-
 

(A)      In case of multi-storied houses,-
 

(i)       fifteen percent of the sale price of such house, (after adjusting the amount already paid as earnest money), shall be payable within a period of thirty days from the date of allotment. However, the said amount may be deposited within a period of next thirty days subject to the payment of three percent as penalty of the said amount. If the said amount is not paid within the total period of sixty days, the allotment shall be deemed to have been cancelled and the amount already deposited shall stand forfeited; and
 

(ii)      the remaining amount shall be payable in sixty equated monthly installments with simple interest at the rate of twelve percent per annum.
 

(B)      In other cases,-
 

(i)       ten percent -
 

(a)      in the case of open auction, sale price shall be deposited immediately after the auction, after adjusting the amount already paid as earnest money; and
 

(b)      in the case of allotment by draw of lots or otherwise, sale price shall have to be deposited within a period of fifteen days of such allotment after adjusting the amount already paid as earnest money;
 

(ii)      fifteen percent shall be deposited within a period of thirty days from the date of auction or the date of allotment, as the case may be:

Provided that the said amount may be deposited within a period of next thirty days, however, subject to the payment of three percent of the amount as penalty:

Provided further that if the said amount is not paid even within the total period of sixty days, the allotment shall be deemed to have been cancelled and the amount already deposited shall stand forfeited; and

(iii)     the remaining amount (seventy five percent) shall be deposited in four equal annual installments, with simple interest at the rate of twelve percent per annum.
 

(2)     Five percent rebate shall be given on the total sale price, if entire payment is made in lump sum, by an allottee, within a period of thirty days from the date of auction or allotment, as the case may be.
 

(3)     If delay is caused in making the due payment of installments, in addition to the normal rate of interest payable as per the allotment terms and conditions, penalty at the rates shown in the following Table shall have to be paid:-
 

TABLE

Period of delay	Rate of penalty
Up to one year	Three percent of the amount due
Beyond one year but up to two years	Four percent of the amount due
Beyond two years	Five percent of the amount due.

(4)       In case the area of a plot is found more than the size of allotted plot, due to some technical error in measurements or otherwise, and the excess area,-
 

(i)       is lesser than the size of an independent plot, matching the size of the plot or of any other size, so carved out in Scheme in such area; or
 

(ii)      it cannot be used as a plot of some other size in such area; or
 

(iii)     it cannot be used for any other purpose, it may be allotted to the person with whose plot such excess area adjoins, at a price, which shall be double the market value or double the last auction price, in any Scheme, in such area, whichever is higher.".][7]

Rule 8. Mode of sale. --

[8]["(1) Unless otherwise provided in these rules, the Trust shall dispose of residential plots, multi-storeyed houses or commercial plots/other properties in a Scheme in the manner shown in the Table below:-

Serial No.	Category of plot or house	Manner of allotment by
		auction	draw of lots
1	Residential plots up to 100 square yards size	Eighty percent	upto twenty percent
2	Residential plots beyond 100 square yards size	Fifty percent	Fifty percent
3	Multi-storyed houses	Fifty percent	Fifty percent
4	Multi-storyed houses (under self financing scheme)	Nil	Hunderd percent
5	Commercial plots	Hundred percent	Nil

Provided that in the case of a local displaced person, a residential plot or a multi-storeyed house, shall be allotted in the manner as specified in sub-rule (2) of rule 4."]

[9] [Provided that the Non-Residential Indians shall be allotted residential plots,

(i)       if the number of applications is less or equal to the number of plots available for allotment to such category of persons, on the basis of 'First come First served' and

(ii)     if the number of applications is more than the number of plots available for allotment to such category of persons, by draw of lots] :

Provided further that the local displaced persons shall be allotted residential plots in accordance with the criteria specified in sub- rule (2) of rule 4.

(2)     The land for the institutional purposes shall be allotted by the Trust on the recommendation of a Committee consisting of the following for bona fide use of the institutions :-

(1) ??The Chairman or the Administrator of the Trust, as the case may be;

(2) ??The Deputy Commissioner or his representative in the case of a Trust at the district headquarters and Sub-Divisional Officer (Civil) in the case of Trust at Sub-Division level; and

(3) ??The Regional Deputy Director, Local Government.

Rule 8A. [Giving of land for setting up Petrol Pump or Gas Filling Station on lease.

 –

Notwithstanding anything contained in Rule 8, the land to be used for the purpose of setting up Petrol Pump or Gas Filling Station, may be given on lease as per the policy, framed in this regard by the State Government.][10]

Rule 9. Grouping for the purpose of allotment. --

The residential plots and multi-storeyed houses shall be grouped as under for the purpose of allotment :-

Serial	Group No.	Area of the plot of category of house	Percentage of the total area reserved for residential plots and houses.
1.	Group I	500 Square yards	12-1/2 per cent.
2.	Group II	400 Square yards	12-1/2 per cent.
3.	Group III	300 Square yards	10 per cent.
4.	Group IV	250 Square yards	10 per cent.
5.	Group V	200 Square yards	10 per cent.
6.	Group VI	150 Square yards	12-1/2 per cent.
7.	Group VII	100 Square yards	12-1/2 per cent.
8.	Group VIII	Multi-storeyed houses	20 per cent.

Rule 10. [Eligibility of allotment.--

(1)     A person, whose gross monthly income is up to an amount of rupees twenty thousand, shall be eligible for allotment of a residential plot or a multi-storied house, as the case may be, under the 'Low Income Group' category.
 

(2)     A person, whose gross monthly income is more than an amount of rupees twenty thousand, shall be eligible for allotment of any category of a residential plot or a multi-storeyed house, other than the 'Low Income Group' category.
 

(3)     No person, shall make an application for allotment of a residential plot or multi-storied house, who, either himself or his spouse jointly or severally, owns a residential plot or house (other than an ancestral house), in the Union Territory of Chandigarh or in any Urban Estate declared as such under the Punjab Urban Estates (Development and Regulation) Act, 1964 or in any area covered under any Scheme framed under the said Act or at Panchkula (Haryana) or in any scheme of a Trust in the State of Punjab or who being owner as such has disposed of a residential plot or multi-storied house, before or after the commencement of these rules.".".][11]

Rule 11. Manner of allotment. --

(1)     Every Trust shall invite applications for allotment of residential plots or multi-storeyed houses by the dates to be specified in the notice to be published in the newspapers widely circulated in the locality for this purpose.

(2)     Every intending purchaser shall make application to the concerned Trust in Form 'B' by the date specified in the notice along with an affidavit in Form 'C' to the effect that he fulfils the conditions of eligibility under rule 10.

[12]["(3) No application under sub-rule (2), shall be considered complete for a residential plot, multi-storeyed house or commercial plot, as the case may be, unless it is accompanied with the earnest money by a bank draft payable in favour of the Trust, of such amount as specified below, namely:-

(i)       rupees fifty thousand, in the case of a residential plot or multi storeyed house; and

 

(ii)      rupees three lac or two percent of the reserve sale price, whichever is higher, in the case of a SCO/SCF/Commercial plot."."]

Provided that an application for allotment of a multi-storeyed house shall be accompanied by a bank draft of the amount equivalent to 10 per cent, to the estimated cost of such house.

(4)     Every person, whose application for allotment of residential plot or multi-storeyed house is pending with any Trust on the commencement of these rules shall also be required to apply afresh for allotment of residential plot or multi-storeyed house, as the case may be, in Form '13' in accordance with his eligibility as specified in rule 10 :

Provided that if such a person fails to so apply to the Trust within a period of three months from the date of notice under sub-rule (1) within a period of three months from such commencement,whichever period is later he shall be considered for allotment of a residential plot or a multi- storeyed house for which he is eligible in accordance with the gross annual income or gross monthly income shown in the application already pending with the Trust.

(5)     All valid applications received by the Trust in response to the notice published under sub-rule (1) and all applications pending with the Trust before the commencement of these rules in lieu whereof such applications have not been received under sub-rule (4) shall be entered in a register to be maintained for this purpose and shall be allotted a serial number.

 

(6)     Immediately on the expiry of the date fixed for receipt of applications the register referred to in sub-rule (5) shall be closed and the Chairman of the Trust shall attest the last entry made therein on that day by subscribing the words "Entry closed".

(7)     A list of all the persons who have applied in pursuance of the notice published under sub-rule (1) shall be caused to be prepared by the Trust and posted outside its office and copy of such list shall also be sent to the Government for information.

Rule 12. Manner for draw of lots.-

A draw of lots for allotment of plots or multi-storied houses or commercial plots, shall be held by the Trust, on such date, as may be notified by it.".][13]

Rule 13. [Allotment and ancillary matters.-

(1)     An applicant entitled to get a residential plot or a multi-storied house or commercial plot on the basis of a draw of lots held under rule 12 or otherwise, shall be issued an allotment letter in Form 'D' (hereinafter referred to as the allotment letter) and such allotment shall be subject to the conditions specified therein.
 

(2)     The allotted shall be required to execute agreement within a period of thirty days from the date of issue of the allotment letter with the Executive Officer of the Trust, otherwise penalty at the rate of 0.1% of the total sale price, subject to a minimum of one thousand rupees, shall be chargeable for the period of delay of a month or part thereof.
 

(3)     (a) The allotted may get the property transferred in the name of another person's as many times as he opts, within the time fixed for payment of installments of the said property (i.e. if the allotment letter permits payment of installments up to 30th January 2017, then such transfers can be got made up to 30th January 2017 only), by paying transfer fee at the rate of 2.5 per cent of the total sale price or the market value, whichever is higher, subject to the condition that such transfer fee shall not be less than the amount shown in the Table given below:-

TABLE

(i) RESIDENTIAL
Area of plot	Minimum transfer fee (in rupees)
Measuring up to 150 square yards	5,000/-
Measuring more than 150 square yards up to 200 square yards	7,500/-
Measuring more than 200 square yards up to 250 square yards	10,000/-
Measuring more than 250 square yards up to 300 square yards	15,000/-
Measuring more than 300 square yards up to 350 square yards	20,000/-
Measuring more than 350 square yards up to 400 square yards	30,000/-
Measuring more than 400 square yards	40,000/-
(ii) COMMERCIAL
Category	Minimum transfer fee (in rupees)
Booth/Booth sites	25,000/-
Shop-cum-office/shop-cum-flat or sites or any other such category	75,000/-.

(b) No such transfer shall be allowed after the conveyance deed has been executed or, in case of plot/site, construction has been made thereon.

(4)     The allotted may get the property transferred in the name of his family members (which means spouse, children and parents) by paying transfer fee as specified in the Table given below:-
 

TABLE

(i) RESIDENTIAL
Area of plot	Minimum transfer fee (in rupees)
Measuring up to 150 square yards	2,000/-
Measuring more than 150 square yards up to 200 square yards	3,000/-
Measuring more than 200 square yards up to 250 square yards	4,000/-
Measuring more than 250 square yards up to 300 square yards	5,000/-
Measuring more than 300 square yards up to 350 square yards	6,000/-
Measuring more than 350 square yards up to 400 square yards	8000/-
Measuring more than 400 square yards	10,000/-
(ii) COMMERCIAL
Category	Minimum transfer fee (in rupees)
Booth or booth sites	10,000/-
Shop-cum-office/shop-cum-flat or sites or any other such category	30,000/-.

(5)     (a) The fee for addition/deletion of name of spouse, record entry, agreement, issue of transfer certificate/no objection certificate, permission to mortgagee shall be as given in the Table below:-
 

TABLE

	For Addition/Deletion of name of spouse, record entry, agreement (in rupees)	For other cases (in rupees)
Residential property	2,000/-	1,000/-
Commercial property	5,000/-	2,000/-.

(b) Such certificate's may be issued by the Executive Officer of the Trust after receipt of requisite fee.

(c) No fee is to be charged to correct any clerical error in record, which occurred at the level of the Trust.

(6)     Where an allotted fails to make the due payments as per the allotment letter, the Executive Officer of the Trust shall be required to place the matter before the Trust for taking appropriate action for resumption of the property, and the Trust shall resume the same, after giving an appropriate opportunity to the allotted, within a period of twelve months of the expiry of the date fixed for payment of last installment in the allotment letter. However, the Trust shall not resume the property in case all the due payments, along with interest or penalty are received by it within such period of twelve months.
 

(7)     In case of resumption of any property, fifty per cent of the actual principal amount paid by the allotted/transferee may be refunded.
 

(8)     An allotted or transferee, as the case may be, may prefer an appeal, against the orders of resumption of the property to the State Government, within a period of sixty days from the date of such resumption order, and the State Government may pass appropriate orders including restoring the said property, but subject to the payment of restoration charges, as may be considered appropriate.
 

(9)     In case the Trust fails to handover the possession of sold/allotted plot/property to the buyer/allotted within the stipulated time mentioned in the allotment letter because of some court case or otherwise, it shall communicate the same within a period of ninety days of the allotment/auction to the said buyer/allotted, who may make an application for taking his earnest money or any other amount deposited with the Trust back within a period of three months from date of such intimation.
 

(10)   The allotted or the transferee, as the case may be, shall complete the construction, after getting the building plan approved from the competent authority, within a period of three years from the date of possession of the plot, failing which the Trust may resume the plot. However, the said period may be extended, on year to year basis, subject to a maximum further period of twelve years, on written request and on payment of fee, which shall be percentage of the sale price under rule 6 [applicable on the first day of such extension] or percentage of auction price in case of allotment through auction, as the case may be, as specified in the Table given below:-
 

TABLE

Number of year from which fee is to be charged	Percentage of sale price under rule 6 applicable, on the first day of such extension, or percentage of auction price, in case of allotment through auction, as the case may be
4th year	Two per cent
5th year	Two per cent
6th year	Two and half per cent
7th year	Two and half per cent
8th year	Two and half per cent
9th year	Three per cent
10th year	Three per cent
11th year	Three and half per cent
12th year	Three and half per cent
13th year	Four per cent
14th year	Four per cent
15th year	Four per cent:

Provided that no fee shall be charged for extending the period of construction, if the land is allotted to any department of the State Government or the Central Government or any Public Sector Undertaking of the State Government or the Central Government.

(11)   In case construction is not carried out on a plot till the end of fifteenth year, the Executive Officer of the Trust shall ensure that such property is resumed by the Trust after giving due notice of thirty days.
 

(12)   An appeal against resumption order under sub-rule (11) shall lie with the State Government, which may be made within a period of sixty days from the date of receipt of copy of the order of resumption. In case of acceptance of appeal by the State Government, extension fee at the rate of five per cent per annum shall be chargeable. The fee for the period of extension shall be paid by the allotted/transferee, as the case may be, within a period of thirty days from the due date and if paid late, penal interest at the rate of eighteen per cent per annum, be charged for the delayed payment. However, the State Government may decrease the rate of penalty or exempt it in deserving/genuine cases, such as :-
 

(i)       defense personnel posted at a far flung area, who is not in a position to complete the construction; or
 

(ii)      allotted has died and his or her legal heir's are not in a position to raise the construction; or

 

(iii)     allotted is suffering from chronic disease.
 

Explanations:- For the purposes of these rules, -

(i)       construction of one habitable room, kitchen, bath room and water-closet along with taking of connection of water supply and electricity, in case of residential buildings; and
 

(ii)      raising of twenty-five percent construction of the maximum permissible coverage area, in case of commercial or any other type of building, shall be deemed to be a complete building."..][14]

Rule 14. Power to relax. --

Where the Government is of opinion that it is necessary or expedient so to do, whether of its own motion or on being moved by a Trust, it may, by order for reasons to be recorded, in writing, relax the guidelines provided in these rules, to meet the special requirements of any scheme.

Rule 15. Interpretation. --

If any question arises as to the interpretation of these rules, the Government shall decide the same.

Rule 16. Repeal and savings. --

(1)     The Utilisation of Land and Allotment of Plots by Improvement Trusts Rules, 1975 are hereby repealed :

Provided that any order issued or any action taken under the rules so repealed shall be deemed to have been issued or taken under the corresponding provisions of these rules. 

 

[15][Annexure]
 

(See rule 5)
 

Guidelines for determining reserve price of plots
 

1.	(a)** Cost of...... acres of land (b) Provision of compensation of trees, structure, tubewells and poultry sheds		Rs. Rs.
	Total		Rs. (A)
2.	Development charges :-		Rs.
	(a) Roads as per rough cost estimates (b) Sewerage, water supply and storm water drainage as per rough cost estimates (c) Street lighting and local distribution system and unforeseen cost as per rough cost estimates of Punjab State Electricity Board (d) Provision for land-scaping		Rs. Rs. Rs. Rs.
	Total		Rs. (B)..
3.	Overhead charges :-
	(i) interest @ 10 per cent for 3 years on cost of land i.e. on (A) above.		Rs.
	(ii) Maintenance charges @ 2 per cent per 5 years on (B) above		Rs.
	(iii) Conservancy charges @ 5 years per cent per month per acre		.. Rs.
	(iv) Establishment charges @ 14 per cent on cost of land i.e. on (A) above		.. Rs.
	(v) Lumpstum provision for schools, dispensaries, fire stations, community centres, stadium, play grounds and other public utility
	*To be increased in case the local municipal body is already charging a higher rate for such items of expenditure.
	**(Price per acre X number of acres) building to the extent of the prevision of such services..		Rs
		Total	.. Rs. (C)
		Total of (A)+(B)+(C) above	.. Rs. (D)
	Provision for unforeseen charges @ 15 per cent on (D) above		.. Rs. (E)
		Total Cost (D)+(E)	….(D)+(E)
		Cost per square yard	.. Rs.

Form A
 

(See rule 4)
 

Form of application for allotment of a residential plot to a local displaced person.
 

To
 

The Chairman
 

Improvement Trust

...............................,
 

Subject : Allotment of a residential plot as Local Displaced person.
 

Sir,
 

I..........................son/daughter/wife of.....................address....................am a Local Displaced Person as defined in the Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983.
 

2. My land measuring...............bearing Khasra/Municipal No. (S)...........has been acquired by the Improvement Trust............for.......................scheme and as per

(Name of the Scheme) Sub-rule (2) of rule 4 of the Rules ibid, I am entitled to the allotment of a residential plot measuring................Square yards at reserve sale price.
 

3. I or my spouse do not own any plot or residential house in the Union Territory of Chandigarh or in any Urban Estate or in any scheme of the Improvement Trust in the State of Punjab or at Punchkula in the State of Haryana. An affidavit to this effect in Form C is enclosed.
 

4. I, therefore, request that a plot measuring..............Square yards in your scheme known as.............may be allotted to me.
 

5. I have read and understood the terms and conditions on which the plot is to be allotted to me and I agree to abide by them.
 

Dated
 

Yours faithfully,
.........................

Signatures of the applicant...............

General

Category :------------

Reserve
 

Form B
 

(See rule 11)
 

(Form of application for allotment of residential plot/house in a scheme of the Improvement Trust)
 

To
 

The Chairman,
 

Improvement Trust,

.............................,
 

Subject : Allotment of plot/house in a scheme of the Improvement Trust.
 

Sir,
 

Reference your advertisement in daily/weekly...........................for allotment of residential plots/built up houses by draw of lots.
 

2. I..............son/daughter/wife of...........................address...................apply for a residential plot measuring..............square yards/house of the category of.................in the scheme known as............................................
 

3. I belong to general category/reserve category as prescribed in rule 4 of the Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983 viz., I am........................... A certificate to this effect is attached.
 

4. My income from all sources is Rs..................per annum/per month.
 

5. I or my spouse do not own any residential plot or house in the Union Territory of Chandigarh or in any Urban Estate or in any scheme of the Improvement Trust in Punjab or in Panchkula in the State of Haryana.
 

An affidavit to this effect in Form 'C' is enclosed.
 

6. Bank Draft...............................................for Rs...............................by way of earnest money is enclosed.
 

7. I have read and understood the terms and conditions on which the plot/house is to be allotted to me and I agree to abide by them.
 

Your faithfully,

Signature of the applicant,
 

Form C
 

(See rule 11)
 

(Form of Affidavit for Local Displaced Person or intending purchaser of a residential plot/multi-storeyed house in a scheme of the Improvement Trust.)
 

Affidavit
 

I, ...........................................son/daughter/wife of................................................. aged..................... years, resident of...................do hereby solemnly affirm and declare that I am not dependent on any person and that I or my spouse jointly or severally do not own any residential plot/house except ancestral house, in the Union Territory of Chandigarh or in any Urban Estate or in any scheme of the Improvement Trust in Punjab or Panchkula in the State of Haryana or being owner as such have disposed of the residential plot or house.
 

2. I further do solemnly affirm and declare that my income and that of my spouse from all sources is Rs. .............per annum/per month.
 

Deponent
 

Verification
 

I do hereby further solemnly affirm and declare that the particulars given above are correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent
 

["FORM D

(See rule 13)

(Form of Allotment Order)

OFFICE OF IMPROVEMENT TRUST _______________________

Registered AD

To

_______________

_______________

_______________

Memo No. _______________

Dated _______________

Subject: Allotment of plot/house in Scheme _________________

Reference your application dated ....... for the allotment of a plot/house.

(1)     Plot No. ________________ measuring _______________ square yards/house No. __________________ of the category of _________________ has been allotted to you in ______________ scheme.
 

(2)     The total sale price of the plot/house is Rs. ___________ which shall be deposited in the account of the Trust, as specified in the rules.
 

(3)     The above price is subject to variation with reference to the actual measurement of the plot at site or enhancement of compensation by the Court, which shall be payable as additional price within a period of thirty days of the date of demand.
 

(4)     In case of failure to deposit the sale price as specified in the rules, you shall be liable to pay penal interest at the rate of eighteen percent on the amount due. In case, the payments are not made within a period of six months of having become due, the plot or house, as the case may be, may be resumed, which shall be restored to you on payment of upto-date installments, penal interest and ........ percentage as penalty.
 

(5)     It shall be the responsibility of the allotted to deposit necessary installments of the plot/house, as indicated in the Schedule with the Trust on due dates. The Trust shall not be bound to issue any notice in this behalf.
 

(6)     You shall have to complete the building on the plot allotted to you within a period of three years from the date of taking possession of the plot or within a period of two years from the date of providing the basic civic amenities of water supply and approach path in the area, where the plot is situated, after taking prior approval of the Trust:
 

Provided that if the construction is not made within the aforesaid stipulated period, this period may be got extended, on year to year basis, up to a maximum period of twelve years, if the allotted deposits the prescribed non-construction fee with the Trust.

(7)     In case the construction is not made even within the enhanced period of twelve years, the Trust would be competent to resume the plot.
 

(8)     The allotment of the plot/house is liable to be cancelled if any of the declaration made in the application/affidavit for the allotment of plot/house is established to be incorrect.
 

(9)     You shall have to pay separately for any building material, trees, structures and compound wall, existing in the plot at the time of allotment of which compensation has been assessed and paid by the Trust in case you want to make use of the same, failing which the Trust shall have the right to remove or dispose of the same even after the delivery of possession.
 

(10)   The Trust shall not be responsible for leveling uneven sites.
 

(11)   The allotment is subject to the provisions of the Punjab Town Improvement Act, 1922 and the Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983, as amended from time to time, and you shall have to abide by the provisions of the same.
 

SCHEDULE

. ...............................

. ...............................

Executive Officer,

Improvement Trust ____________."..][16]