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Plot Allotment - Rules
 

As per provision of Rule 3(1) of Rules, 2000, all immovable properties in the Market developed by the Board or Market Committees shall be disposed of by way of allotment/ transfer/open auction in accordance with the provisions of these rules. The shop plots will be allotted to the old licensees of category (ii) i.e. (Katcha Arhityas) of old market which is to be denotified, resulting in displacement of such licensed dealers of category (ii), on free hold basis, for conducting the business of sale and purchase of agricultural produce in the new markets, on the following terms and conditions, namely,

(i) in the markets where some auctions have already been held, the allotment shall be made on the basis of the average price of the last auction;

(ii) in the markets where no auction has so far been held, the allotment price shall be fixed at thirty five percent above the reserve price. The reserve price shall be worked out as per the formula approved by the Board vide its resolution dated the first June, 1987 or any other formula to be approved by the Board from time to time;

(iii) only those category (ii) licensees shall be eligible for allotment of plots who had valid license of two years on the date of first auction, in the case of mandis where some auctions have already been held . In the case of already developed mandis where no auctions have so far been held, the licensee should have valid license of category (ii) for at least five years as on 1st January, 2000. In the case of mandis to be developed in future, the licensee should have at least two years licence of category (ii) on the date of issuance of notification under section 4 of the Land Acquisition Act, 1894 (Act of 1894), or the date of transfer of land to the Market Committee, if the land is obtained otherwise, as the case may be;

(iv) Such licensees must have paid market fee of at least Rs. 5000/- annually for the last two years. Provided that in the case of a category (ii) licensee who does not pay market fee himself, his annual turnover during the last two years should be at least rupees two lakh fifty thousand.

(v) the license of such category (ii) licensee should not have been revoked for a period of two months at a time for violation of any of the provisions of the Act or any rules made there-under, or non-payment of market fee etc;

(vi) the category (ii) licensee must have an independent premises, either own or rented, in the old mandi to be denotified. In case there are more than one licensee in the same premises, the oldest firm or the one which is agreed upon in writing by all the firms occupying the same premises, shall be eligible;

(vii) if the eligible licensee of category (ii) had already purchased a plot in open auction, either in his own name or in the name of the licensee firm, he shall not be allotted a plot on preferential basis as above;

(viii) an allottee of a shop plot under these rules shall not be permitted to use the premises for any purpose other than the marketing of notified agricultural produce. In case of misuse of his premises, the allotment shall be cancelled and 10% of the value of the plot, interest and other dues payable, shall be forfeited and as such an allottee shall be debarred from allotment of any other site under these rules;

(ix) transfer of title of shop plot, so allotted, shall not be permitted before a period of five years from the date of allotment of such plot except under special circumstances and with the prior approval of the Chief Administrator of the Board and on payment of such fee as may be prescribed by the Board from time to time;

(x) the allottee shall construct the building as per the approved design within a period of two years from the date of offer of possession of the plot, which may be extended further by the concerned Market Committee upto a maximum period of three years on payment of extension fee @ Rs.10,000/-, Rs. 15,000/- and Rs. 20,000/- for the first, second and third year of extension, respectively. In the event of failure to do so, the plot shall be resumed by the Market Committee. In the event of such resumption, the Market Committee shall deduct 10% of the price of the plot and 15% interest on balance overdue installments and interest;

(xi) the allottee of shop/booth plots, whether by preferential allotment or through open auction, shall also pay the additional expenses such as enhanced land compensation within sixty days from the date of such demand by the Market Committee. In case of default, penal interest @ twenty-one percent per annum will be charged. The recovery of enhanced compensation shall be as per the formula approved by the Board;

(xii) In case the number of available shop plots is less than the number of eligible applicants, the allotment shall be made to the eligible licensees in their order of seniority, which shall be determined on the basis of their period of license of category (ii). The allotment of serial number of plots will be decided through draw of lots amongst the eligible allottees.

(2) All booth plots, the balance shop plots and any other commercial site shall be disposed of through open auction. However, a site (including shop plot, booth plot or any other plot), subject to availability may be allotted at thirty-five percent above the reserve price to the following:-

(i) post office, telephone exchange, water works;

(ii) public sector undertakings, government agencies and cooperative marketing societies of Haryana State Cooperative Supply and Marketing Federation Limited, dealing in agricultural produce or inputs;

(iii) nationalized/cooperative banks; and

(iv) dharamshala/community center in an area upto one thousand square meters to be set up by the registered association of the traders residing in the mandi.

(3) Where no denotification of the old mandi is involved, all the shops plots shall be sold through open auction, except allotment to identified public utilities as per sub rule (2) of this rule.

Surrender of plot. - If any plot holder wishes to surrender the plot the Market Committee shall accept the surrender of plot and will refund the deposited amount after deducting 10% of the cost of the plot and due payable interest. For the purpose of calculation of interest the date of application of surrender shall be deemed to be the date of surrender.



 

 

 




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