Disposal of Land by Development Authorities (Regulation) Rules, 2002.

The Disposal of Land by Development Authorities (Regulation) Rules, 2002

[Gazette of Punjab, Part I, 1st January, 2003]

No.S.O(D-II)207/2002, dated 1-11-2002.--In exercise of the powers conferred upon him under section 9 of the Disposal of Land by Development Authorities (Regulation) Act, 1998 (XIII of 1998), the Governor of the Punjab is pleased to direct that the following Rules shall be made:---

1. Short title and commencement.-(1) These rules may be called the Disposal of Land by Development Authorities (Regulation) Rules, 2002.

(2) It shall come into force at once.

2. Definitions.--(1) In these Rules, unless the subject or context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say,---

(a) ‘Act’ means the Disposal of Land by Development Authorities (Regulation) Act, 1998;

(b) ‘Committee’ means the District Housing Committee;

(c) ‘Director General’ means the Director General of the Development Authority;

(d) ‘District Officer’ means District Officer (Housing and Town Planning);

(e) ‘District Price Assessment Committee’ means the District Price Assessment Committee constituted by the Government;

(f) ‘Executive District Officer’ means Executive Director Officer (Works and Services); and

(g) ‘Government’ means the Government of the Punjab.

(2) Words and expressions used in these Rules but not herein defined shall have the same meanings as are assigned to them in the Act.

3. Disposal of residential plots.--(1) Plots falling in the zone of above 10 Marlas and all constructed units excluding 3 to 5 Marla residential units, multi-storey Pats and apartments shall be disposed of through open auction by the Committee.

(2) Plots falling in the zone of above 5 Marlas to 10 Marlas shall be disposed of in the following manner:---

(i) 93 % through open auction by the Committee;

(ii) 5% shall be allotted on the recommendation of G.H.Q. to the defence personnel who become permanently disabled or legal heirs of defence personnel who lay down their lives in the discharge of official duties; and

(iii) 2% shall be allotted by the Governor to such persons who become permanently disabled in the performance of functions or voluntary services in relation to the affairs of Government, or the legal heirs of persons who die while performing such functions or services; provided that such persons who become permanently disabled shall produce an invalidation certificate issued by the Medical Superintendent of the Government Hospital.

(3) Residential units, multi storey flats and apartments of 3 to 5 Marlas shall be disposed of through ballot by the Committee.

(4) Plots falling in the zone of up to 5 Marlas shall be disposed of in the following manner:---

(i) 80 % shall be allotted to the general public through ballot by the Committee.

(ii) 5% shall be allotted on the recommendation of G.H.Q. to the defence personnel who become permanently disabled or the legal heirs of the defence personnel who lay down their lives in the discharge of official duties.

(iii) 2% shall be allotted by the Governor to such persons who become permanently disabled in the performance of functions or voluntarily services in relation to the affairs of the Government or the legal heirs of the persons who die while performing such functions or services; provided that such persons who become permanently disabled shall produce an invalidation certificate issued by the Medical Superintendent of Government Hospital.

(iv) 5% shall be allotted to the Government servants as well as employees of autonomous/semi autonomous bodies through ballot by the Committee.

(v) 2% shall be allotted to the retired Government servants including the widows and dependents of deceased Government servants who died before retirement and did not own a plot through ballot by the Committee.

(vi) 1 % shall be allotted to the minorities through ballot by the Committee.

(vii) 5 % shall be allotted to the destitutes through ballot by the Committee.

4. Mode of allotment.-Plots falling in the zone of up to 5 Marlas and 3 to 5 Marla, residential units, multi storey flats and apartments shall be allotted in the following manner:---

(a) applications shall be invited by the District Officer through two widely circulated Urdu daily newspapers;

(b) the applicants shall apply on the prescribed application form. alongwith 10% price in the form of call deposit/earnest money to be issued by a scheduled bank;

(c) the applications shall be scrutinized by the Committee and eligible applications shall be balloted within thirty days from the closing date of receipt of applications;

(d) incomplete applications shall be liable to rejection by the Committee; provided that the applicant shall have the right to file an appeal against such rejection before the Committee within seven days from the date of rejection of application and the decision of the Committee thereon shall be final;

(e) the Committee shall hold ballot on the fixed date and time at a convenient place; and

(f) the Committee shall issue allotment orders to the successful applicants within ten days of ballot.

5. Eligibility.--(1) No person shall be eligible for allotment of a plot, residential unit, multi storey flat or apartment through ballot unless he,---

(i) has a monthly income not exceeding five thousand rupees and is domiciled of the district where the housing scheme is located; or

(ii) is an employee of Government or autonomous/semi autonomous body having a minimum of fifteen years service. He shall be eligible according to his basic pay scale in the following manner:---

(a) BS 1-7 3 Marlas

(b) BS 8-16 5 Marlas; or

(iii) is a Government servant who retired within five years from the date of inviting applications for allotment and did not own a plot or a house.

(2) Widows and dependents of deceased Governments servants who died before retirement and did not own a plot or a house shall also be eligible for allotment through ballot.

6. Ineligibility.--No person shall be eligible for allotment who,---

(a) owns a plot or a house in his name in any area of the Punjab; or (b) has been allotted a plot or a house in any planned or approved housing scheme in the Punjab and has transferred it to the wife, or as the case may be, husband, or dependent children but has sold it out; or

(c) owns a plot or a house in the name of wife or, as the case may be, husband or dependent children in any area of the Punjab; or

(d) has been convicted of corruption charges, or an enquiry for corruption is pending; or

(e) has been dismissed from Government service; or

(f) has been convicted for anti‑state, anti‑social activities and heinous crimes; or

(g) is a minor except destitute.

7. Disposal of plots and land in special circumstances.‑‑Government may allow sale of plots and land in special circumstances on market price to be determinated by the District Price Assessment Committee concerned plus 10% for sale through private treaty or 10% penalty in case of encroached land.

8. Disposal of non‑residential plots.‑‑The Committee shall, through open auction, sell commercial and industrial plots, and lease out sites for petrol pumps/CNG stations and agricultural lands.

9. Disposal of public utility plots and sites.‑‑Public utility plots and sites reserved for,---

(i) health and educational institutions shall be allotted by the Committee according to the prevailing policy;

(ii) mosque shall be allotted by the Committee on the recommendation of District Mosque Committee on reserve price;

(iii) Government offices such as post offices, police stations, etc, shall be transferred to the departments concerned at the reserve price;

(iv) banks shall be disposed of on lease basis through open auction where only scheduled banks shall participate. The reserve price shall be fixed on current market price; and

(v) graveyards shall be transferred by the Committee to the Tehsil Municipal Administration or, as the case may be, Town Municipal Administration concerned, free of cost.

10. Mode of payment.‑‑Payment for the auctionable and allotted plots shall be made in the following manner:---

(a) for auctionable residential, commercial and industrial plots,---

(i) the bidder shall pay 10% of the reserve price as earnest money alongwith the application.

(ii) the highest bidder shall pay one third price within seven days of auction, inclusive of the earnest money already deposited;

(iii) the highest bid shall be subject to approval of the Committee which shall declare its approval or rejection, as the case may be, through a notice affixed on the notice board in the office of District Officer concerned, within a period of sixty days from the date of auction; and

(iv) the balance price shall be deposited by the successful bidder within a period of fifteen days from the date of approval of the highest bid;

(b) for allotted plots,---

(i) first instalment of 10% price of plot with application;

(ii) second instalment of 10% price of plot at the time of possession;

(iii) remaining 80% price at the rate of 10% on six monthly instalments;

(iv) no interest shall be charged on instalments; and

(v) a penal interest of 3‑1/2% shall be charged on delayed, instalments.

11. Cancellation of plots.‑‑The plot shall be cancelled by the Executive District Officer due to non‑payment of Government dues or any breach of terms and conditions of allotment and production of false information for allotment.

12. Appeal.‑‑A person aggrieved by the order of cancellation trade under rule 11 may file an appeal with the District Coordination Officer concerned.

13. Allotment in schemes of Development Authorities.‑‑Allotment in the Schemes of Development Authorities at Lahore, Faisalabad, Multan, Rawalpindi and Gujranwala shall be trade as per rules prescribed by Government for the respective Development Authority.

14. Allotment in schemes sponsored by Improvement Trusts.‑--*Allotment in the schemes sponsored by Improvement Trusts shall be made by the respective Trust as per rules prescribed by it.

15. Sale proceeds.‑‑Sale proceeds shall be credited in the following manner:‑‑-

(a) sale proceeds of plots, quarters, flats, etc. in the schemes of Housing and Physical Planning, Punjab shall be credited to the Provincial Consolidated Fund:---

(b) sale proceeds of plots, quarters, etc. in the schemes of Development Authorities at Lahore, Faisalabad, Multan, Rawalpindi and Gujranwala shall be credited to the account of the respective Development Authority; and

(c) sale proceeds of plots in Improvements Trust Schemes shall be credited to the account of the respective Trust.

16. Conversion.‑‑-No public utility area or public amenity plot in a housing scheme shall be converted to any other use except in the following manner:‑‑-

(a) conversion of cinema site for commercial use.‑‑-

Government may permit conversion of a cinema site for commercial use subject to the following conditions:‑‑-

(i) commercialization fee shall be charged as applicable to conversion of residential plots for commercial use under the Punjab Commercialization of Properties Rules, 2001.

(ii) building shall be constructed after approval of the plan according to the prescribed building regulations or byelaws; and

(iii) a cinema or a projection theater with a minimum seating capacity not less than one third of such approved capacity of the original cinema shall be provided in the new building.

(b) Schemes sponsored by Development Authorities,‑‑‑

(i) If the Housing Scheme has neither been developed at site nor allotted or sold and some changes are required to be made in roads or residential area, the Director General of the concerned Development Authority shall approve the same. In cases of changes in open spaces, graveyard and public building sites to the extent that the overall percentage remains within the parameters of standards, the Director General of the Development Authority or the Trust, as the case may be, shall accord approval thereof.

(ii) In case the scheme has been developed at site and plots have been allotted or sold and some changes are required to be made as mentioned in sub clause (i), the same shall be approved by the Government.

(c) Schemes sponsored by Private Developers,-‑‑

The Housing Schemes and their revision, if required, shall be approved by the Director General of Development Authority.

17. Removal of difficulties.‑‑Notwithstanding anything contained in these rules Government may decide any consequential matter arising therefrom if it is found so necessary in the circumstances of any case.