UTTAR PRADESH URBAN PLANNING AND DEVELOPMENT (ASSESSMENT, LEVY AND COLLECTION OF MUTATION CHARGES) RULES, 2022

PREAMBLE

In exercise of the powers under clause (c) of sub-section (2) of section 55 read with sub-section (2A) of section 15 of the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), the Governor is pleased to make the following rules to provide for levy, assessment and payment of mutation charges, namely.

Rule - 1. Short title, commencement and extent.

(1)     These rules may be called the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Mutation Charges) Rules, 2022.

(2)     They shall come into force with effect from the date of their publication in the Gazette.

(3)     They shall be applicable to all the development areas.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,-

(a)      'Act' means the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973);

(b)      'Applicant' means the transferee of the property or the legal heir of the deceased owner/lessee of the property who is seeking mutation of the property in his favour;

(c)      'Authority' means the Development Authority constituted under section 4 of the Act;

(d)      'Development Area' means the Development Area declared under section 3 of the Act;

(e)      'Intermediary Owner' means the previous registered owner of a property other than the original allottee or the owner or the applicant;

(f)       'Mutation' means transfer or change of title in the records of the Authority when a property is sold or transferred by way of sale, mortgage, lease, gift, exchange or inheritance or in any other manner from one person to another;

(g)      'Mutation Charges' means the charges levied under section 15 of the Act upon the person seeking mutation, in his name, of a property allotted by the Authority to another person;

(h)     'Property' means any plot or building or apartment developed or constructed by the Authority for allotment or sale;

(i)       'Vice-Chairman' means the Vice-Chairman of the Authority or the officer authorized by him in this behalf.

(2)     Words and expressions, not defined in these Rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Rule - 3. Levy of Mutation Charges.

Mutation charges shall be levied in accordance with these rules where an application is submitted to the Authority for mutation of a property in the name of applicant in place of the previous owner or the lessee.

Rule - 4. Assessment of Mutation Charges.

Mutation charges shall be assessed on the basis of total amount or value of the property calculated as per the prevailing circle rate of the District Magistrate on the date of submission of application for mutation or on the value of property at which sale deed is executed, whichever is higher.

Rule - 5. Rate of Mutation Charges.

(1)     In case of leasehold property, the mutation charges shall be equivalent to one percent of the current value of the property:

Provided that in case of mutation in the name of legal heir or in case of registered will, the mutation charges shall be Rs. 5000/- (Rupees five thousand only).

(2)     In case of all other properties i.e. freehold, deed of gift, etc. the mutation charges shall be as follows:-

Provided that in case there are one or more intermediary sales and the concerned property has not been mutated in the names of intermediary purchasers, an additional mutation charge at the rate of 25 percent of the amount specified in sub-section (1) and (2) above shall be levied in accordance with these rules on every intermediary sale deed:

Provided further that in case of any arrears or any amount due in respect of the property in question, the same shall be paid along with the mutation charges at the time of submission of application for mutation.

(3)     The fee for publication of advertisement in the newspaper shall be as per the actual expenditure and shall have to be paid within ten days of the demand notice issued by the Authority. Alternatively, the applicant may directly get the advertisement published in the newspaper at his own cost in accordance with the procedure laid down by the Authority in this behalf:

Provided that the said advertisement shall be published as per the format given in the Annexure appended to these rules.

Rule - 6. Application for mutation and Procedure of Mutation.

(1)     The applicant shall apply online for mutation through janhit. upda. in website by creating his profile on the same.

(2)     The applicant shall pay application fee of Rs. 100/- (Rupees Hundred only) online and upload the documents given in the table below, as the case maybe:-

(3)     The Vice-Chairman shall calculate the amount of mutation charges in accordance with rule 5 and communicate the same to the Applicant accordingly:

Provided that the application shall be disposed of online by the Vice-Chairman within a period of maximum sixty days from the date of its receipt.

Rule - 7. Payment of Mutation Charges.

Subject to the provisions of the Act and these rules the applicant shall pay full amount of mutation charges as levied by the Authority within fifteen days from the date of its intimation under rule 6.

Rule - 8. Cancellation of Mutation.

If at any time, after the permission for mutation has been granted to an applicant under rule 6, the Vice-Chairman is satisfied that mutation in favour of an Applicant has been obtained by misrepresentation or concealment of the material facts, he may cancel the mutation for reasons to be recorded in writing :

Provided that the mutation shall not be cancelled without affording the applicant a reasonable opportunity of being heard.

Rule - 9. Appeals.

(1)     Any person aggrieved by an order of the Vice-Chairman may within thirty days, from the date on which the decision is communicated to him, prefer an appeal to the Chairman of the Authority.

(2)     The Chairman of the Authority, on receipt of an appeal, shall, after giving the appellant an opportunity of being heard, pass such order as he deems fit.

(3)     Any person aggrieved by an order of the Chairman may within thirty days from the date of knowledge thereof, file a representation to the Government under subsection (3) of section 41 of the Act whose decision shall be final.

Rule - 10. Annual Statement of Mutation Charges.

The Vice-Chairman shall furnish to the Board of the Authority a written statement in respect of mutation charges for the preceding year, which shall contain information regarding the total amount collected by the Authority. Such statement shall be furnished as far as possible in the first meeting of the Board of the Authority to be held every financial year and its copy shall also be sent to the Government.

ANNEXURE

Format of Advertisement in case of Mutation after Death

[See rule 5 (3)]

????.Development Authority 

Address?????? ..... ?????..

PUBLIC NOTICE

This is to inform the public at large that following applicant/(s)has/have submitted his/her/their application/(s) for transfer/mutation of property mentioned in Column-3 of the table below in his/her/their name/(s) falling within Residential/Commercial/Rental/Nazul/Improvement Trust Scheme of this Authority:-

In case any person is having any objection against the transfer/mutation of plot/house/flat, he/she can submit objections in writing to the Secretary???.?..Development Authority along with supporting documents within 30 days from the date of publication of this notice, otherwise the Authority shall transfer/mutate the property in the name of person mentioned in Column-5 in the records of the Authority and no subsequent claim, if any, shall be entertained.

Secretary

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UTTAR PRADESH URBAN PLANNING AND DEVELOPMENT (ASSESSMENT, LEVY AND COLLECTION OF MUTATION CHARGES) RULES, 2022

PREAMBLE

In exercise of the powers under clause (c) of sub-section (2) of section 55 read with sub-section (2A) of section 15 of the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), the Governor is pleased to make the following rules to provide for levy, assessment and payment of mutation charges, namely.

Rule - 1. Short title, commencement and extent.

(1)     These rules may be called the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Mutation Charges) Rules, 2022.

(2)     They shall come into force with effect from the date of their publication in the Gazette.

(3)     They shall be applicable to all the development areas.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,-

(a)      'Act' means the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973);

(b)      'Applicant' means the transferee of the property or the legal heir of the deceased owner/lessee of the property who is seeking mutation of the property in his favour;

(c)      'Authority' means the Development Authority constituted under section 4 of the Act;

(d)      'Development Area' means the Development Area declared under section 3 of the Act;

(e)      'Intermediary Owner' means the previous registered owner of a property other than the original allottee or the owner or the applicant;

(f)       'Mutation' means transfer or change of title in the records of the Authority when a property is sold or transferred by way of sale, mortgage, lease, gift, exchange or inheritance or in any other manner from one person to another;

(g)      'Mutation Charges' means the charges levied under section 15 of the Act upon the person seeking mutation, in his name, of a property allotted by the Authority to another person;

(h)     'Property' means any plot or building or apartment developed or constructed by the Authority for allotment or sale;

(i)       'Vice-Chairman' means the Vice-Chairman of the Authority or the officer authorized by him in this behalf.

(2)     Words and expressions, not defined in these Rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Rule - 3. Levy of Mutation Charges.

Mutation charges shall be levied in accordance with these rules where an application is submitted to the Authority for mutation of a property in the name of applicant in place of the previous owner or the lessee.

Rule - 4. Assessment of Mutation Charges.

Mutation charges shall be assessed on the basis of total amount or value of the property calculated as per the prevailing circle rate of the District Magistrate on the date of submission of application for mutation or on the value of property at which sale deed is executed, whichever is higher.

Rule - 5. Rate of Mutation Charges.

(1)     In case of leasehold property, the mutation charges shall be equivalent to one percent of the current value of the property:

Provided that in case of mutation in the name of legal heir or in case of registered will, the mutation charges shall be Rs. 5000/- (Rupees five thousand only).

(2)     In case of all other properties i.e. freehold, deed of gift, etc. the mutation charges shall be as follows:-

Provided that in case there are one or more intermediary sales and the concerned property has not been mutated in the names of intermediary purchasers, an additional mutation charge at the rate of 25 percent of the amount specified in sub-section (1) and (2) above shall be levied in accordance with these rules on every intermediary sale deed:

Provided further that in case of any arrears or any amount due in respect of the property in question, the same shall be paid along with the mutation charges at the time of submission of application for mutation.

(3)     The fee for publication of advertisement in the newspaper shall be as per the actual expenditure and shall have to be paid within ten days of the demand notice issued by the Authority. Alternatively, the applicant may directly get the advertisement published in the newspaper at his own cost in accordance with the procedure laid down by the Authority in this behalf:

Provided that the said advertisement shall be published as per the format given in the Annexure appended to these rules.

Rule - 6. Application for mutation and Procedure of Mutation.

(1)     The applicant shall apply online for mutation through janhit. upda. in website by creating his profile on the same.

(2)     The applicant shall pay application fee of Rs. 100/- (Rupees Hundred only) online and upload the documents given in the table below, as the case maybe:-

(3)     The Vice-Chairman shall calculate the amount of mutation charges in accordance with rule 5 and communicate the same to the Applicant accordingly:

Provided that the application shall be disposed of online by the Vice-Chairman within a period of maximum sixty days from the date of its receipt.

Rule - 7. Payment of Mutation Charges.

Subject to the provisions of the Act and these rules the applicant shall pay full amount of mutation charges as levied by the Authority within fifteen days from the date of its intimation under rule 6.

Rule - 8. Cancellation of Mutation.

If at any time, after the permission for mutation has been granted to an applicant under rule 6, the Vice-Chairman is satisfied that mutation in favour of an Applicant has been obtained by misrepresentation or concealment of the material facts, he may cancel the mutation for reasons to be recorded in writing :

Provided that the mutation shall not be cancelled without affording the applicant a reasonable opportunity of being heard.

Rule - 9. Appeals.

(1)     Any person aggrieved by an order of the Vice-Chairman may within thirty days, from the date on which the decision is communicated to him, prefer an appeal to the Chairman of the Authority.

(2)     The Chairman of the Authority, on receipt of an appeal, shall, after giving the appellant an opportunity of being heard, pass such order as he deems fit.

(3)     Any person aggrieved by an order of the Chairman may within thirty days from the date of knowledge thereof, file a representation to the Government under subsection (3) of section 41 of the Act whose decision shall be final.

Rule - 10. Annual Statement of Mutation Charges.

The Vice-Chairman shall furnish to the Board of the Authority a written statement in respect of mutation charges for the preceding year, which shall contain information regarding the total amount collected by the Authority. Such statement shall be furnished as far as possible in the first meeting of the Board of the Authority to be held every financial year and its copy shall also be sent to the Government.

ANNEXURE

Format of Advertisement in case of Mutation after Death

[See rule 5 (3)]

????.Development Authority 

Address?????? ..... ?????..

PUBLIC NOTICE

This is to inform the public at large that following applicant/(s)has/have submitted his/her/their application/(s) for transfer/mutation of property mentioned in Column-3 of the table below in his/her/their name/(s) falling within Residential/Commercial/Rental/Nazul/Improvement Trust Scheme of this Authority:-

In case any person is having any objection against the transfer/mutation of plot/house/flat, he/she can submit objections in writing to the Secretary???.?..Development Authority along with supporting documents within 30 days from the date of publication of this notice, otherwise the Authority shall transfer/mutate the property in the name of person mentioned in Column-5 in the records of the Authority and no subsequent claim, if any, shall be entertained.

Secretary