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REGISTERED No.D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 402] NEW DELHI, MONDAY, DECEMBER 19,1977/AGRAHAYANA 28,1899

Separate paging is given to this part in order that it may be filed as a separate compilation

MINISTRY OF WORKS AND HOUSING

NOTIFICATION

New Delhi, the 16th December 1977

G.SR. 765(E).—In exercise of the powers conferred by sub-section (1), read with clause (i) of sub-section (2) of section 46, of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), the Central Government hereby makes the following rules further to amend the Urban Land (Ceiling and Regulation) Rules, 1976, namely: —

1. (1) These rules may be called the Urban Land (Ceiling and Regulation) Eighth Amendment Rules. 1977

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Urban Land (Ceiling and Regulation) Rules, 1970—

(a) for the expressions "the First Schedule", "the Second Schedule", "the Third Schedule" and "the Fourth Schedule' wherever they occur, the expressions "Schedule I", "Schedule II", "Schedule III" and "Schedule IV" shall respectively be substituted;

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(b) in rule 2, after clause (c), the following clause shall be inserted,

namely.—

'(cc) "Scheme" means H scheme referred to In sub-section (1) of section 21 and approved toy the authority specified by the State Government under that subjection;',

(c) in, rule 11. for the words "six hundred and oightyrfour days", wherever they occur, the words "one thousand and forty-nine days" shall be substituted;

(d) after rule 11, the following rule shall be inserted, namely: —

"11A. Terms and conditions subject to which a person may be permitted to continue to hold excess* vacant land under subjection (1) of section 21 —The terms and conditions subject to which the com- petent authority may permit a person to continue to hold vacant land, in excess of the ceihne limit, under sub-section (1) of section 21, for the construction of dwelling units for the accommodation of the weaker sections of the society in accordance with any Scheme shall be the terms and conditions specified in Schedule IA.";

(e) in Form V,—

(i) against aerial No 4, for items (ill), dv) and (v), the following item shall be substituted, namely.—

"(lii) is the proposed Scheme consistent with the provisions of Sche- dule IA?";

(ii) in paragraph (2), for the words "the housing scheme for which the vacant land has been applied for is" the words "the dwelling units are proposed to be constructed" shall be substituted;

(Hi) In paragraph (3), for the words "that may be imposed by the competent authority for permitting me to continue to hold such land for the construction of dwelling units for the accommodation of the weaker sections of the society¹', the words, figure and letter "specified in Schedule IA appened to the Urban Land (Ceiling and Regulation) Rules, 1976" shall be substituted;

(1) after Schedule I, the following Schedule shall be inserted, namely:—

"SCHEDULE IA

(See rule HA)

Terms and conditions subject to which a person may be permitted to continue to

hold excess vacant land under sub-section (1) of section 21

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4, (1) The dwelling units constructed under the scheme shall be sold by outright sale 01 on hire-purchase or shall be let-out on rent to the weaker sec- tions of the society,

(2) Where anv dwelling unit is sold bv outright sale the sale price which such person shall be entitled lo Set shall not exceed a sum consisting of the actual coat of construction of the dwelling unit and the amount lie would be entitled to under section 11 in relation to the land occupied by such dwelling unit and the land appurtenant thereto, if the vacant land is deemed to have been acquired by the State Government under sub-section (3) of section 10 together with a sum calculated at the rate of fifteen per cent on such cost of construction and such amount.

Explanation,—Where the dwelling unit is part of a building, being a group housing, the proportionate share m relation to the dwelling unit in the amount paid in relation to the land occupied by the building and the land appurtenant thereto, determined on the basis of the xatio of the plinth aiea of the dwelling unit to the total plinth area of the building, only shall be taken into account in determining the sale price of the dwelling unit under this sub-paragraph.

(3) Where any dwelling unit is sold on hire-purchase, such person shall be entitled to get, in addition on the sale price determined in. accordance with sub- paragraph (2), Interest calculated at the rate of ten per cent, per annum on the unpaid portion of the sale price

(4) Where anv dwelling unit is let-out on rent, the rent shall be worked out In such a way that such person would get a return not exceeding ten per cent per annum on the sale price of the dwelling unit determined in accordance with sub-paragraph (2),

Explanation.—For the removal of doubts it 15 hereby declared that in working out the return on the sale price which such person may get under this sub-para- graph, by wav of rent, the fact that the dwelling unit has been vacant, or is likely to remain vacant, for any part of the year shall not be taken into account

5 Between the date on which a declaration in relation to the vacant land is made by the competent authority undci sub-section (1) of section 21 and the date of completion of the construction of the dwelling units, the person concerned shall not transfer the land by way of sale, gift lease or otherwise'

Provided that such person mav mortgage it without possession to the State Government or Central Government or a bank as defined in section 19 for getting a loan for the purpose of constructing such dwelling units "

[No, 1/56/76-UCU]

MIR NASRULLAH, Jt. Secy

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PnrNlED BY THE GENERAL MANAQLR, GOVltHNMENT OF INDIA PRKBS, MINTO WJAD, N IW DELHI AND PUBLISHED BY THB CON1HOLIER OF PUBUCATIONfi, DELHI 10*77