The Punjab State Agricultural Marketing Board
(Sale and Transfer of Plots) Rules, 1999.

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GOVERNMENT OF PUNJAB
DEPARTMENT OF AGRICULTURE

 Notification
The 17th February, 1999


 
            1.    Short Title
            2.    Definitions
            3.    Sale of Plots
            4.    Application for allotment
            5.    Delivery of possession
            6.    Conveyance deed in the case of sale by allotment or by auction
            7.    Sale of Auction
            8.    Time with in which building is to be erected
            9.    Registration and stamp duty
            10.  Fragmentation
            11.  User
            12.  Appeal
              Annexure 'A'
          Annexure 'B'
          Annexure 'C'
          Annexure 'D'

                     FORM  'A'  Allotment form for the allotment of plot in new market
                     FORM  'B' Deed of conveyance of Building site sold by allotment auction

    Notification  (7th September 2001)
    Notification (4th February     2004)
 
 
 
 
 

Notification
The 17th February, 1999

            No. G.S.R/14/PA.23/61/S.43 and 18/99.-   In exercise of the powers conferred by section 43 read with section 18 of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules regulating the sale and transfer of plots of the Committees, namely:-

Rules


 1.  Short title.-

            (1) These rules may be called the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999.
             (2)        They shall come into force on and with effect from the date of their publication in the Official Gazette.
             (3)        They shall apply to all the Committees in the State of Punjab. 


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 2. Definitions.-

             (1) In these rules, unless the context  otherwise requires.-
             (a)        "Annexure" means an annexure appended to these rules;
             (b)        "Form" means a form appended to these rules;
             (c)        "plot" means a piece of land to be used for commercial purpose or
                        any other co-related or allied purpose in any market, developed and
                        owned by the Board or Committee; and

            (d)        "reserve price" means a price determined by the Secretary of the
                        Board in accordance with these rules for the purpose of transferring
                        the plots by open auction or by allotment.

            (2)        The words and expressions used in these rules, but not defined, shall have the same meaning as assigned to them in the Punjab Agricultural Produce Markets Act, 1961.
 
 

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3. Sale of plots.-

                        (Section 43 and 18 of Punjab Act 23 of 1961)

                        All plots  in the markets developed by the Board or Committees shall be disposed of by way of open auction or  allotment in accordance with the provisions of these rules.

                        Provided  that the plots will be allotted to the licenced dealers of old market which are de-notified resulting in displacement of such licenced dealers on free-hold basis for conducting business of purchase  of sale  of agricultural produce in the new markets on the following terms and conditions, namely:-

(i)         the allotment shall be made in the markets where auction has already been held on the basis of the average price of the last auction plus fifteen per cent compound interest from the date of such auction to the date of allotment;
(ii)        the allotment price shall be fixed at thirty five per cent above the reserve price in the markets where no auction has so far been held;
(iii)       only those licencees shall be eligible for allotment of plots on the price specified in clauses (i) and (ii) who have been granted licencees in the old de-notified markets for a minimum period of five years before the date of allotment. Such licencees must have paid market fee for the last four years out of these five years. The eligibility in respect of five years  continuity shall be taken with effect from the date of notice inviting applications for allotment;
(iv)       the licence of the prospective allottees should not have been suspended or revoked for a period exceeding two months at a time during the last two years for violation of any rule and non-payment of market fee;
(v)        the licence should have been in possession of an  independent premises either as a owner or a tenant in the old market;
(vi)       an allottee under these rules shall not be permitted to use the premises   for the purposes other than the marketing of notified agricultural produce or co-related use. In the case of misuse of the premises, allotment shall be cancelled and ten per cent of the total  amount of the value of the plot calculated at the time of cancellation after including the due interest or other dues, if any, shall be forfeited and such an allottee shall not be entitled for allotment of any other site.
(vii)      the allottee shall not transfer the plot allotted to him within a period of seven years from the date of allotment.

            Provided that the Secretary of the Board may allow the allottee to transfer the plot within a period of seven years under the special circumstances to be recorded in writing:

            Provided further that the transfer of a plot after a period of seven years from the date of allotment of such plot may be permitted by the Secretary of the Board on payment of such fee and on such conditions as may be imposed at the time of granting permission;

            Provided further that in no case such a transfer by way of sale, gift or otherwise shall be permitted in favour of a person who has been allotted a plot under these rules in any market in the State of Punjab Breach of this condition shall apart from cancellation of allotment and forfeiture  of consideration amount, shall also debar the allottee from further allotment of any other plot;

(viii)      the allottee shall not let out  or part with possession of the plot to any other person.
(ix)       the allottee shall complete construction on the plot in accordance with the sanctioned building  plan with two years from the date of allotment;

            Provided that the period can further be extended to a maximum period of three years on payment of fee at the rate of five per cent, ten per cent and fifteen- per cent of the allotment price for the first year, second year and third year of extension, respectively.  No further  extension beyond three years shall be admissible and failure to complete construction within a period of two years or the extended period, shall entail cancellation of allotment of the plot;
(x)        no licensee shall be eligible for allotment of more than one plot in a market in the State of Punjab;
(xi)       in case the number of available plots in less than the number of eligible applications allotment shall be made to the eligible applicants in order of seniority to be determined on the basis of their length of the period of licence;
(xii)      number of the plot shall be given by draw of lots amongst the eligible applicants; and
(xiii)      in addition to the price of plot, an allottee shall also pay within sixty days from the date of  demand notice, additional cost of land incurred on its acquisition, if any. On the failure to pay the same, within the said period, an interest at the rate of twenty one per cent per annum shall be charged on the due amount.
 
 

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4. Application for allotment.-

            (Section 43 and 18 of Pb.Act 27 of 1961

            (1)  In the case of sale by allotment under the proviso to rule 3, the intending purchaser shall make an application in Form 'A' to the Secretary of the Committee within thirty days of the notice inviting such applications.

            (2)        The eligibility of an applicant for the allotment of the plot shall be determined by an allotment committee, constituted by the State Government.
            (3)        After scrutiny of the applications received under sub-rule (1), by the Allotment Committee, the eligible applicant shall be issued a letter of intend requiring him to pay twenty five per cent of the allotment price within one month in the form of a demand draft payable  to the Board and drawn on the Scheduled Bank situated in the area of the committee concerned.
            (4)        After the price referred to in sub-rule (3) has been paid, the Secretary of the Market Committee shall, subject to such directions as may be issued  by the Secretary of the Board in this behalf, allot a plot and shall intimate by registered post, the number, approximate area and the balance amounting to seventy five per cent of the allotment price payable for the plot so allotted, to the applicant.
            (5)        The balance  of seventy five per cent of the allotment price, may either be deposited without interest in lump sum within sixty days from the date of issue of allotment letter or in six half-yearly installments  with fifteen per cent  per interest  or at such rate of interest, as may be notified from time to time by the State Government. The first such installment shall fall due after six months from the date of allotment letter.

            (6)        In case of failure of the allottee to deposit the installment in time, penal interest at the rate of twenty four per cent annum shall be charged.  In case of default of two successive installments, the plot and the building, if constructed, shall be resumed by the Secretary of Committee after giving an opportunity of being heard to the concerned allottee.
            (7)        Apart from the resumption referred in sub-rule (6), an amount equivalent to ten per cent of the total price of the plot, shall be forfeited along with interest and other dues, if any, payable by the allottee from the amount already deposited  by him.
 
 
 
 


 
 
 
 
 
 
 

5. Delivery of possession.-

            (Section 43 and 18 of Pb.Act 23 of 1961)
The possession of the site shall be given to the allottee by the Secretary of the Committee after the acceptance of the allotment and after payment of the twenty-five per cent  of the allotment price by the allottee.
 
 
 
 

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6.Conveyance deed in the case of sale by allotment or by auction.-

            In the case of sale by  allotment or by auction, as the case may be, the allottee shall execute the deed of conveyance in Form 'B', after making payment of full price of the plot.
 
 
 
 
 
 

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7.Sale by auction.-

            In the case of  sale by auction, the sale  price shall be the reserve  price or any higher price determined as a result of bidding in open auction. At least twenty five per  cent of the bid accepted by the auctioning officer, shall be paid on the spot by the purchaser, in cash or by means of demand draft drawn in favour of the Board and the balance  shall be paid either in lump sum within sixty days from the date of auction or in installments as provided in sub-rule (5) of rule 4:
            Provided that the sale by auction shall be subject to the confirmation of the Secretary of the Board.
 
 
 
 
 
 

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8.Time within which building is to be errected.-

            The allottee shall complete the building within two years from the date of issue of allotment letter in accordance with the plan specified  by the Secretary of the Board:

            Provided that time for the erection of the building may be extended by the Secretary, Market Committee upto a maximum period of three years on the payment of fee at the rate of five per cent, ten per cent and fifteen per cent of the allotment price for the first, second and third year of extension, respectively:

            Provided further that the Secretary of the Board may in exceptional cases of hardship and for the reasons to be recorded in writing, grant extension beyond the stipulated period on such conditions as may be specified by the State Government.

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9. Registration and stamp duty.-
 

            The allottee  shall bear and pay all expenses in respect  of execution and registration of the deed of conveyance, including the stamp duty and registration fee payable therefor.
 
 
 
 
 
 
 
 

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10. Fragmentation.-
 
 
 

            No  fragmentation of any plot or building constructed thereon shall be permitted.
 
 
 
 
 

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11. User.-
 

            The allottee shall use  the plot for the purpose for which it has been allotted and for no other purpose.
 
 
 
 
 
 

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12. Appeal.-

            (1) An appeal against an order of the Secretary of the Committee under these rules shall be preferred to the Secretary of the Board or such other officer, as he may authorize in this behalf either by the appellant or through his agent by registered post addressed to the  Secretary of the Board or to the officer authorized by him within thirty  days of the order appealed against.
            (2)  The memorandum of appeal shall be signed by the appellant  or his agent and shall be affixed with a court-fee of rupees fifty.
            (3)  The order passed by the Secretary of the Board shall be final and binding.
 
 
 

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FORM 'A'
(See rule 4)

            APPLICATION FORM FOR THE ALLOTMENT OF PLOT IN NEW MARKET
                -----------------------------DISTRICT-------------------------------
 

1.         Name of the Applicant/Firm

2.         Number of the licence under the Punjab State Agricultural Produce Markets Act, 1961.

3.         Date on which the licence was issued.

4.         Dates on which the licence was renewed.

5.         Date upto which licence is valid.

6.         Period for which the licence remained suspended during the last two years.

7.         Details of Market fee deposited during the last four years.

                        Financial Year                                    Amount

                        1.

                        2.

                        3.

                        4.

8.         Business premises i.e. Shop No./Boundaries alongwith size.

            (a)   Whether applicant/firm is owner of the plot (Attach proof) i.e. Sale Deed, Allotment Letter or any other title Deeds.

             (b)   If on rent, the rent per month and name of the owner ( attach proof i.e. Registration Rent/Lease  Deed, or certificate from the Local Authority.

9.         Name of the persons/firms doing business or residing  in the same premises.

10.       Description of any other plot owned by the applicant in the New market.

            Please allot a plot for Arhat shop in the New Market ______________ at the allotment price of Rs. __________________ square yard on usual terms and conditions of the allotment.  I clearly understand and that breach of any conditions of the allotment will render the plot liable to be resumed forthwith and the money deposited by the applicant will be forfeited.

                                                                                                                                         APPLICANT
 

VERIFICATION

I ______________________________S/o ________________________R/o ____________________________________ Tehsil  _______________ District ______________________ partner/sole proprietor of the firm __________________________________________________________________
hereby verify that the facts stated above in the application form are true and correct and nothing has been concealed therein.

                                                                                                            APPLICANT.

DOCUMENTS ENCLOSED.

1.         Licence and Market fees certificate                                           Annexure 'A'
2.         Suspension of licence Certificate                                               Annexure 'B'
3.         Premises Certificate                                                                  Annexure 'C'
4.         Legal heirs certificate  if required                                               Annexure 'D'
5.         Affidavit                                                                                   Annexure 'E'
6.         Attested copy of licence with its renewals.
7.         Proof regarding ownership/ rent i.e.
            Sale Deed/Allotment Letter/
            Registered Rent /Lease Deed or
            Certificate from the local Authority.

8.         Partnership Deed.
9.         Registration Certificate of the Firm.

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Annexure 'A'

                                                                   (See Form 'A')

            Certified that M/s ________________________________have been a licencee Arhtia in old ___________________________ for the last ____________________________years as on _________________________.  The market fees deposited by this firm for the last four years is as under:-

Financial year                                                               Amount

1.

2.

3.

4.

5.
 
 

Secretary,

Market Committee,

__________________
 

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Annexure 'B'

                                                                   (See Form 'A')
 

                        Certified that licence of M/s __________________________________has been not been suspended/revoked for a period exceeding two months at a time during the last two years as on ____________________________for violation of any rules, non-payment of Market Fee.
 

Secretary,

Market Committee,

___________________.
 

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Annexure 'C'

                                                                   (See Form 'A')
 

                        Certified that M/s _______________________________________who is a licencee Arhtia in old ________________________________________________ have an independent premises in the old mandi and he* owns this premises/*is on rent in this premises which is owned by ___________________________.
 

Secretary,

Market Committee,

__________________
*Strike which ever is not applicable.
 
 

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Annexure 'D'



                        Certified that  Shri ________________________________ S/o Shri_____________________is a legal heir of Shri _____________________ is a legal heir  of Shri _______________ who was licencee Arhtia in Old Grain Mandi ________________________________________ under licence No. ___________________________________________from ________  to ________  and  was sole proprietor/partner of M/s_______________________________________(under licence No. ___________________) and is continuing  the business after the death of his father in the same premises in the old grain Mandi _________________under a fresh licence bearing no. _______________________since ____________________________.
 

Secretary,

Market Committee,

_________________.

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FORM-B
  (See rule 6)

DEED OF CONVEYANCE OF BUILDING SITE SOLD BY
            ALLOTMENT/AUCTION.

            Deed of conveyance of a plot ________________________ sold by allotment to be used as a plot for _____________ in ____________________.

            This indenture made on the  __________________ day of ____________ 19  _____ between the Committee ___________________ (hereinafter called the Vendor) of the one part, and ____________________(hereinafter called the Allottee) of the other part.

            Whether the plot hereinafter described and intended to be hereby conveyed was owned by the vendor by the vendor in full proprietary rights;
            And whereas the Punjab State Agricultural Marketing Board has sanctioned the sale of the plot to the transferee in consideration of  the sum of Rs. _______________(Rupees _______________________________).

            And whereas the allottee has paid/agreed to pay the sum of Rs. ________________(Rupees ____________________________) being the purchase money.

            Now therefore this indenture witness that for the purpose of carrying into effect the said sale and in consideration of  the convenants of the Allottee hereunder contained and of the said sum of Rs. _______________________________(Rupees ____________________________________) paid  by the Allottee  * (A) as earnest money  (the receipt of which the vendor hereby acknowledges) and the undertaking of the Allottee to pay  the balance with _______________________________ per cent  per annum interest calculated from the date of auction in equated _____________________ installments, the first installment being payable on the 10th day of __________________ 19 _________________. (B) the Vendor hereby grants and conveys upto the Allottee all that  piece or part of plot No. ________________________ in square yard ____________________ and more particularly described in the plans filed in the office of the Committee.
                        To have and to hold the same upto and to the use of the transferee subject to the exception, reservations,  conditions and  convenants  herein-after contained and each  of them, that is to say:-

(1)        (a)  The Allottee enjoy the right of possession and enjoyment  so long as he * (A)  continues paying his installments on the due dates or such extended time as the Secretary of the Committee may allow in writing and otherwise (B) abides  by the terms and conditions of sale.

            *(b) The Vendor shall have a first and paramount charge over the said plot for the unpaid portion of the purchase price, and save with the sanction of the Secretary of the Committee, the Allottee shall have no right to transfer by way of sale, gift, mortgage or otherwise the site or any right, title or interest therein.

            (2)        The Vendor reserves to himself all mines and minerals whatsoever in or under the said site with all such rights and powers as may be necessary or expedient for the purpose of searching for, working, obtaining, removing  and enjoying the same at all time and in such manner as the Vender shall think fit, with power to carry out any surface or any part underground working, and to pay down the surface of all or any part of the said site and to sink pits, erect building, construct lines and generally appropriate and use the surface of the said plot for the purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exception and reservation hereinafter contained:
                        Provided that the Allottee shall be entitled to receive from the Vendor such payment for the occupation by him of the surface and for the damage done to the surface or to the buildings constructed thereon on the said plot by such works or workings or letting down as may be agreed upon between the Vendor and the transferee or failing such agreement as such be ascertained by reference to arbitration.
            (3)        The Allottee shall pay all general and local taxes, rates or cesses for the time being imposed or assessed on the said plot by competent authority.
            (4)        The Allottee shall within __________________years from the date of auction/sale namely _______________________________________complete the construction of ___________________________ on the said plot in accordance with the sanctioned plan, provided that the time limit under this clause may be extended by the Secretary of the Committee if he is satisfied that the failure to complete the building within the said time was due to some causes beyond the control of the transferee.
            (5)        The Allottee may, before the erection of the permanent building is commenced or completed, pitch a tent or erect temporary sheds or Kacha Building for purpose of erecting a building on the said site.

            (6)        The Vendor may by his officers and servants at all reasonable times and in a reasonable manner after 24 hours notice in writing, enter in and upon any part of the said plot or building erected thereon for the purposes of ascertaining that the Allotte has duly performed and observed the convenants and conditions to be performed and observed by him under these presents.
            (7)        The Vendor shall have full right, power and authority at all times to do, through officers or servants,  all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any or  any of the terms, conditions and reservations herein contained and to recover from the Allottee as a first charge upon the said plot the cost of doing all or any such acts and things and all costs incurred in connection therewith or in any way relating thereto.

            (8)        The Allottee shall accept and obey all the rules and orders  made or issued under the Punjab Agricultural Produce Markets Act, 1961.
            (9)        In the event of (A)  non-payment of any installment on dues date by the transferee or (B) the breach by the Allottee  of any of the terms and conditions contained in this deed and to be performed and observed by him, it shall be lawful for the Secretary of the Committee notwithstanding the waiver of any previous cause or right for re-entry, to enter into and upon the said plot or building thereon or any part thereof and to repossess, retain and enjoy the same as to his former estate and the Allottee shall not be entitled to a refund of the purchase money or any part thereof for to any compensation whatsoever on account of such resumption.
            (10)      (a) All arrears of any kind of payment due in respect of the plot shall be recoverable as arrears of land revenue.
                        (b)        The Allottee shall in all respects with and be bound by the Punjab Agricultural Produce Markets Acts, 1961 and the Punjab Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999 as amended from time to time.
                        ( c)       The Allottee shall not without sanction or permission-in-writing of the Secretary of the Committee erect any building or make any alterations or additions to such building or the plot.
                        (d)        The Allottee shall not without written permission of the Secretary of Committee carry on or permit to be carried on the plot or in any building thereon any trade or business whatsoever or use the same or permit the same to be used for any purpose other than the one for which it has been allotted.
                        (11)      In the event of any dispute or difference at any time arising between the vendor and the Allottee as to the true intent and meaning of these presents, and of each and every provision thereof, the property and rights hereby reserved or any of them, or in any manner incidents or relating thereto, the said dispute or difference shall be referred to the Secretary of the Board, whose decision thereon shall be final and binding on the parties hereto.
                        If and so long as the Allottee fully performs and complies with and continues to so, perform and comply with each and all the terms and conditions herein made and provided but not otherwise, the vendor will secure the transferee in full and peaceful enjoyment of the right and privileges herein and hereby conveyed and assured.
                        And it is hereby agreed and declared that unless a different meaning shall appear from the context.
                        The expression "Allottee" used in these present shall include, in addition to the said __________________________________, his lawful heirs  (permitted ), Successors, representatives, assignees, transferee, lessees, and any person or persons in occupation of the said site or building erected thereon with the permission of the Secretary of the Committee.
 
 
 
 

            In witness whereof the parties hereto have hereunder respectively subscribed their names at the places  and on the dates hereinafter in each case specified.
 

Signed by the said ________________________________

      on the Allottee____________________________

at ________________________________

day of  _________________________19 ___
In the presence of:
 

Witness:                                               One of these witnesses must be Magistrate,
Name                                                   (with his Court Seal) if the deed is not
                                                            executed

Residence                                             before the Estate Officer

Occupation

Name

Residence

Occupation

Signed by, for and on behalf of the ____________________

and setting under his authority ________________________

the day  ________________________ of  19_______

In the presence of :-

Witness

Name                                                                                       (Signature )
Residence
Occupation

Name
Occupation
Name                                                                                       (Signature)
Residence
Occupation

                                                                                                                                   R.N.Gupta,

Financial Commission Development and
Secretary to the Government of Punjab,
                                                                                                                                  Department of Agriculture.
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PART -I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIR

Notification
         The 7th September, 2001.

            No. 16-Leg./2001.-  The following Act of the legislature of the State of Punjab received the assent of the Governor of Punjab on the 3rd September, 2001, and is hereby published for general information.-

                        Punjab Act No. 11 of 2001
 
 

THE PUNJAB  NEW MANDI  TOWNSHIPS  (DEVELOPMENT)
            AND REGULATION) AMENDMENT
The Punjab Agricultural Produce Markets Act, 1961, 2001.
 

 AN
   ACT










further to amend the Punjab New Mandi Townships (Development)
and Regulation) Act, 1960.

            Be it enacted by the legislature of the State of Punjab in the Fifty-second Year of the Republic of India as follows:-

1.         (1) This Act may be called the Punjab New Mandi Townships (Development
and Regulation) Amendment Act, 2001.

            (2) It shall come into force at once.

2.         In the Punjab New Mandi Townships (Development and
Regulation) Act, 1960, in Section 3,-
            (i)         in sub-section (2), for the words "vested in the State
                        Government" the words "vested in the State Government,
                        Punjab State Agricultural Marketing Board or Market
                        Committee, as the case may be," shall be substituted;
            (ii)        in sub-section (3),  for the words "State Government",
                        the words "State Government", Punjab State Agricultural
                        Marketing Board or Market Committee, as the case may
                        be," shall be substituted; and
            (iii)       in sub-section (4), for the words "State Government"
                        whether occurring the words "State Government, Punjab
                        State Agricultural Marketing Board or Market Committee,
                        as the case may be," shall be substituted.

3.         (1)        The Punjab New Mandi Townships (Development and
Regulation Amendment Ordinance, 2001 (Punjab Ordinance No.5 of
2001), is hereby repealed.

            (2)        Notwithstanding such repeal, anything done or any action taken under
the principal Act, as amended by the Ordinance referred to in sub-section  (1), shall be deemed to have been done or taken under the principal Act, as amended by this Act.
 

                                                                                                     S.S.GREWAL,
                                                                                                     Secretary to Government of Punjab,
                                                                                                     Department of Legal and Legislative Affairs.
 

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GOVERNMENT OF PUNJAB
DEPARTMENT OF AGRICULTURE

Notification

                                                                             The  4th February,  2004
 

            No. G.S.R/7/PA.23/61/S. 18 and 43/2004.  In exercise of the powers conferred by section 43 read with section 18 of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules  further to amend the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999, namely:-

                                                RULES

            1.         These rules may be called the Punjab State Agricultural
                        Marketing Board (Sale and Transfer of Plots) (First Amend-
                        ment) Rules, 1999, in rule 3, in clause (iii), for
                        the words "paid market fee", the words "submitted returns
                        in Form M appended to the Punjab Agricultural Produce
                        Markets (General ) Rules, 1962" shall be substituted.

                                                                                              DR.B.C.GUPTA,
                                                                                              Financial Secretary to Government of Punjab,
                                                                                              Department of Agricultural.
 

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