CHAPTER XX-C
PURCHASE
BY CENTRAL GOVERNMENT OF IMMOVABLE PROPERTIES IN CERTAIN CASES OF TRANSFER
269U. The provisions of this Chapter shall come
into force on such date as the Central Government may, by notification in the
Official Gazette, appoint, and different dates may be appointed for different
areas.
269UA. In this Chapter, unless the context otherwise
requires,—
(a) “agreement for
transfer” means an agreement, whether registered under the Registration Act,
1908 (16 of 1908) or not, for the transfer of any immovable property ;
(b) “apparent
consideration”,—
(1) in relation to any immovable property in respect of which an
agreement for transfer is made, being immovable property of the nature referred
to in sub-clause (i) of clause (d),
means,—
(i) if the immovable
property is to be transferred by way of sale, the consideration for such
transfer as specified in the agreement for transfer ;
(ii) if the immovable property is to be
transferred by way of exchange,—
(A) in a case where the consideration for the transfer consists of a
thing or things only, the price that such thing or things would ordinarily
fetch on sale in the open market on the date on which the agreement for
transfer is made ;
(B) in a case where the consideration for the transfer consists of
a thing or things and a sum of money, the aggregate of the price that such
thing or things would ordinarily fetch on sale in the open market on the date
on which the agreement for transfer is made, and such sum ;
(iii) if the immovable property is to be
transferred by way of lease,—
(A) in a case where the consideration for the
transfer consists of premium only, the amount of premium as specified in the
agreement for transfer ;
(B) in a case where the consideration for the transfer consists of rent only,
the aggregate of the moneys (if any) payable by way of rent and the amounts for
the service or things forming part of or constituting the rent, as specified in
the agreement for transfer ;
(C) in a case where the consideration for the transfer consists of
premium and rent, the aggregate of the amount of the premium, the moneys (if
any) payable by way of rent and the amounts for the service or things forming
part of or constituting the rent, as specified in the agreement for transfer,
and where the whole or any part of
the consideration for such transfer is payable on any date or dates falling
after the date of such agreement for transfer, the value of the consideration
payable after such date shall be deemed to be the discounted value of such
consideration, as on the date of such agreement for transfer, determined by
adopting such rate of interest as may be prescribed in this behalf
;
(2) in relation to any immovable property in respect of which an
agreement for transfer is made, being immovable property of the nature referred
to in sub-clause (ii) of clause (d), means,—
(i) in a case where the
consideration for the transfer consists of a sum of money only, such sum ;
(ii) in a case where the consideration for the
transfer consists of a thing or things only, the price that such thing or
things would ordinarily fetch on sale in the open market on the date on which
the agreement for transfer is made ;
(iii) in a case where the consideration for the
transfer consists of a thing or things and a sum of money, the aggregate of the
price that such thing or things would ordinarily fetch on sale in the open
market on the date on which the agreement for transfer is made, and such sum,
and
where the whole or any part of the consideration for such transfer is payable
on any date or dates falling after the date of such agreement for transfer, the
value of the consideration payable after such date shall be deemed to be the
discounted value of such consideration, as on the date of such agreement for
transfer, determined by adopting such rate of interest as may be prescribed in
this behalf ;
(c) “appropriate
authority” means an authority constituted under section 269UB to perform the
functions of an appropriate authority under this Chapter ;
(d) “immovable
property” means—
(i) any land or
any building or part of a building, and includes, where any land or any
building or part of a building is to be transferred together with any
machinery, plant, furniture, fittings or other things, such machinery, plant,
furniture, fittings or other things also.
Explanation.—For
the purposes of this sub-clause, “land, building, part of a building,
machinery, plant, furniture, fittings and other things” include any rights therein ;
(ii) any rights in or with respect to any land or
any building or a part of a building (whether or not including any machinery,
plant, furniture, fittings or other things therein) which has been constructed
or which is to be constructed, accruing or arising from any transaction
(whether by way of becoming a member of,
or acquiring shares in, a co-operative society, company or other association of
persons or by way of any agreement or any arrangement of whatever nature), not
being a transaction by way of sale, exchange or lease of such land, building or
part of a building ;
(e) “person interested”, in relation to any
immovable property, includes all persons claiming, or entitled to claim, an
interest in the consideration payable on account of the vesting of that
property in the Central Government under this Chapter ;
(f) “transfer”,—
(i) in relation to any immovable property referred
to in sub-clause (i) of clause (d),
means transfer of such property by way of sale or exchange or lease for a term
of not less than twelve years, and includes allowing the possession of such
property to be taken or retained in part performance of a contract of the
nature referred to in section 53A of the Transfer of Property Act, 1882 (4 of
1882).
Explanation.—For the purposes
of this sub-clause, a lease which provides for the extension of the term
thereof by a further term or terms shall be deemed to be a lease for a term of
not less than twelve years, if the aggregate of the term for which such lease
is to be granted and the further term or terms for which it can be so extended
is not less than twelve years ;
(ii) in relation to any immovable property of the nature referred to in
sub-clause (ii) of clause (d), means the doing of anything
(whether by way of admitting as a member of or by way of transfer of shares in
a co-operative society or company or other association of persons or by way of
any agreement or arrangement or in any other manner whatsoever) which has the
effect of transferring, or enabling the enjoyment of, such property.
269UB. (1) The Central Government may, by order,
publish in the Official Gazette,—
(a) constitute as
many appropriate authorities, as it thinks fit, to perform the functions of an
appropriate authority under this Chapter ; and
(b) define the
local limits within which the appropriate authorities shall perform their
functions under this Chapter.
(2) An
appropriate authority shall consist of three persons, two of whom shall be
members of the Indian Income-tax Service, Group A, holding the post of
Commissioner of Income-tax or any equivalent or higher post, and one shall be a
member of the Central Engineering Service, Group A, holding the post of Chief
Engineer or any equivalent or higher post.
(3) In
respect of any function to be performed by an appropriate authority under any
provision of this Chapter in relation to any immovable property referred to in section
269UC, the appropriate authority referred to therein shall,—
(a) in a case where
such property is situate within the local limits of the jurisdiction of only
one appropriate authority, be such appropriate authority ;
(b) in a case where
such property is situate within the local limits of the jurisdiction of two or
more appropriate authorities, be the appropriate authority empowered to perform
such functions in relation to such property in accordance with the rules made
in this behalf by the Board under section 295.
Explanation.—For the purposes of this sub-section,
immovable property being rights of the nature referred to in sub-clause (ii)
of clause (d) of section 269UA in, or with respect to, any land or any
building or part of a building which has been constructed or which is to be
constructed shall be deemed to be situate at the place where the land is
situate or, as the case may be, where the building has been constructed or is
to be constructed.
Restrictions on transfer of immovable property.
269UC. (1) Notwithstanding anything contained in the
Transfer of Property Act, 1882 (4 of 1882), or in any other law for the time
being in force, [no transfer of any immovable property in such area and of such
value exceeding five lakh rupees, as may be
prescribed], shall be effected except after an agreement for transfer is
entered into between the person who intends transferring the immovable property
(hereinafter referred to as the transferor) and the person to whom it is
proposed to be transferred (hereinafter referred to as the transferee) in
accordance with the provisions of sub-section (2) at least [four] months before
the intended date of transfer.
(2) The
agreement referred to in sub-section (1) shall be reduced to writing in the
form of a statement by each of the parties to such transfer or by any of the
parties to such transfer acting on behalf of himself and on behalf of the other
parties.
(3) Every
statement referred to in sub-section (2) shall,—
(i) be in
the prescribed form ;
(ii) set forth such
particulars as may be prescribed ; and
(iii) be verified in
the prescribed manner,
and shall be
furnished to the appropriate authority in such manner and within such time as
may be prescribed, by each of the parties to such transaction or by any of the
parties to such transaction acting on behalf of himself and on behalf of the
other parties.
[(4) Where
it is found that the statement referred to in sub-section (2) is defective, the
appropriate authority may intimate the defect to the parties concerned and give
them an opportunity to rectify the defect within a period of fifteen days from
the date of such intimation or within such further period which, on an
application made in this behalf, the appropriate authority may, in its
discretion, allow and if the defect is not rectified within the said period of
fifteen days, or as the case may be, the further period so allowed, then,
notwithstanding anything contained in any other provision of this Chapter, the
statement shall be deemed never to have been furnished.]
Order by appropriate authority for purchase by Central Government of
immovable property.
269UD. (1) [Subject to the provisions of
sub-sections (1A) and (1B), the appropriate authority], after the receipt of
the statement under sub-section (3) of section 269UC in respect of any
immovable property, may, notwithstanding anything contained in any other law or
any instrument or any agreement for the time being in force, [* * *] make an
order for the purchase by the Central Government of such immovable property at
an amount equal to the amount of apparent consideration :
Provided that no such order shall be made in respect
of any immovable property after the expiration of a period of two months from
the end of the month in which the statement referred to in section 269UC in
respect of such property is received by the appropriate authority
:
[Provided further that where the
statement referred to in section 269UC in respect of any immovable property is
received by the appropriate authority on or after the 1st day of June, 1993,
the provisions of the first proviso shall have effect as if for the words “two
months”, the words “three months” had been substituted :]
[Provided also that the period of limitation
referred to in the second proviso shall be reckoned, where any defect as
referred to in sub-section (4) of section 269UC has been intimated, with
reference to the date of receipt of the rectified statement by the appropriate
authority :]
Provided [also] that in a case where the
statement referred to in section 269UC in respect of the immovable property
concerned is given to an appropriate authority, other than the appropriate
authority having jurisdiction in accordance with the provisions of section
269UB to make the order referred to in this sub-section in relation to the
immovable property concerned, the period of limitation referred to in [the
first and second provisos] shall be reckoned with reference to the date of
receipt of the statement by the appropriate authority having jurisdiction to
make the order under this sub-section :
[Provided also that the period of limitation referred to in the
second proviso shall be reckoned, where any stay has been granted by any court
against the passing of an order for the purchase of the immovable property
under this Chapter, with reference to the date of vacation of the said stay.]
[(1A) Before making an order under sub-section (1), the
appropriate authority shall give a reasonable opportunity of being heard to the
transferor, the person in occupation of the immovable property if the
transferor is not in occupation of the property, the transferee and to every
other person whom the appropriate authority knows to be interested in the
property.
(1B) Every order made by the appropriate authority under
sub-section (1) shall specify the grounds on which it is made.]
(2) The
appropriate authority shall cause a copy of its order under sub-section (1) in
respect of any immovable property to be served on the transferor, the person in
occupation of the immovable property if the transferor is not in occupation
thereof, the transferee, and on every other person whom the appropriate
authority knows to be interested in the property.
Vesting of property in Central Government.
269UE. (1) Where an order under sub-section (1) of section
269UD is made by the appropriate authority in respect of an immovable property
referred to in sub-clause (i) of clause (d)
of section 269UA, such property shall, on the date of such order, vest in the
Central Government [in terms of the agreement for transfer referred
to in sub-section (1) of section 269UC] :
[Provided
that where the appropriate authority, after giving an opportunity of being
heard to the transferor, the transferee or other persons interested in the said
property, under sub-section (1A) of section 269UD, is of the opinion that any
encumbrance on the property or leasehold interest specified in the aforesaid
agreement for transfer is so specified with a view to defeat the provisions of
this Chapter, it may, by order, declare such encumbrance or leasehold interest
to be void and thereupon the aforesaid property shall vest in the Central
Government free from such encumbrance or leasehold interest.]
(2) The
transferor or any other person who may be in possession of the immovable
property in respect of which an order under sub-section (1) of section 269UD is
made, shall surrender or deliver possession thereof to the appropriate
authority or any other person duly authorised by the
appropriate authority in this behalf within fifteen days of the service of such
order on him :
[Provided
that the provisions of this sub-section and sub-sections (3) and (4) shall not
apply where the person in possession of the immovable property, in respect of
which an order under sub-section (1) of section 269UD is made, is a bona
fide holder of any encumbrance on such property or a bona fide lessee of such property, if the said
encumbrance or lease has not been declared void under the proviso to
sub-section (1) and such person is eligible to continue in possession of such
property even after the transfer in terms of the aforesaid agreement for
transfer.]
(3) If any
person refuses or fails to comply with the provisions of sub-section (2), the
appropriate authority or other person duly authorised
by it under that sub-section may take possession of the immovable property and
may, for that purpose, use such force as may be necessary.
(4) Notwithstanding
anything contained in sub-section (2), the appropriate authority may, for the
purpose of taking possession of any property referred to in sub-section (1),
requisition the services of any police officer to assist him and it shall be
the duty of such officer to comply with such requisition.
(5) For the
removal of doubts, it is hereby declared that nothing in this section shall
operate to discharge the transferor or any other person (not being the Central
Government) from liability in respect of any encumbrances on the property and,
notwithstanding anything contained in any other law for the time being in
force, such liability may be enforced against the transferor or such other
person.
(6) Where an
order under sub-section (1) of section 269UD is made in respect of an immovable
property, being rights of the nature referred to in sub-clause (ii) of
clause (d) of section 269UA, such order shall
have the effect of—
(a) vesting such
right in the Central Government ; and
(b) placing the
Central Government in the same position in relation to such rights as the
person in whom such a right would have continued to vest if such order had not
been made.
(7) Where
any rights in respect of any immovable property, being rights in, or with
respect to, any land or any building or part of a building which has been
constructed or which is to be constructed, have been vested in the Central
Government under sub-section (6), the provisions of sub-sections (1), (2), (3)
and (4) shall, so far as may be, have effect as if the references to immovable
property therein were references to such land or building or part thereof, as
the case may be.
Consideration for purchase of immovable property by Central
Government.
269UF. (1) Where an order for the purchase of any
immovable property by the Central Government is made under sub-section (1) of section
269UD, the Central Government shall pay, by way of consideration for such
purchase, an amount equal to the amount of the apparent consideration.
(2)
Notwithstanding anything contained in sub-section (1), where, after the
agreement for the transfer of the immovable property referred to in that sub-section
has been made but before the property vests in the Central Government under section
269UE, the property has been damaged (otherwise than as a result of normal wear
and tear), the amount of the consideration payable under that sub-section shall
be reduced by such sum as the appropriate authority, for reasons to be recorded
in writing, may by order determine.
Payment or deposit of consideration.
269UG. (1) The amount of consideration payable in
accordance with the provisions of section 269UF shall be tendered to the person
or persons entitled thereto, within a period of one month from the end of the
month in which the immovable property concerned becomes vested in the Central
Government under sub-section (1), or, as the case may be, sub-section (6), of section
269UE :
Provided that if any liability for any tax or any
other sum remaining payable under this Act, the Wealth-tax Act, 1957 (27 of
1957), the Gift-tax Act, 1958 (18 of 1958), the Estate Duty Act, 1953 (34 of
1953), or the Companies (Profits) Surtax Act, 1964 (7 of 1964), by any person
entitled to the consideration payable under section 269UF, the appropriate
authority may, in lieu of the payment of the amount of consideration, set off
the amount of consideration or any part thereof against such liability or sum,
after giving an intimation in this behalf to the person entitled to the
consideration.
(2)
Notwithstanding anything contained in sub-section (1), if any dispute arises as
to the apportionment of the amount of consideration amongst persons claiming to
be entitled thereto, the Central Government shall deposit with the appropriate
authority the amount of consideration required to be tendered under sub-section
(1) within the period specified therein.
(3)
Notwithstanding anything contained in sub-section (1), if the person entitled
to the amount of consideration does not consent to receive it, or if there is
any dispute as to the title to receive the amount of consideration, the Central
Government shall deposit with the appropriate authority the amount of consideration
required to be tendered under sub-section (1) within the period specified therein :
Provided that nothing herein contained shall affect
the liability of any person who may receive the whole or any part of the amount
of consideration for any immovable property vested in the Central Government
under this Chapter to pay the same to the person lawfully entitled thereto.
(4) Where
any amount of consideration has been deposited with the appropriate authority
under this section, the appropriate authority may, either of its own motion or
on an application made by or on behalf of any person interested or claiming to
be interested in such amount, order the same to be invested in such Government
or other securities as it may think proper, and may direct the interest or
other proceeds of any such investment to be accumulated and paid in such manner
as will, in its opinion, give the parties interested therein the same benefits therefrom as they might have had from the immovable
property in respect whereof such amount has been deposited or as near thereto
as may be.
Re-vesting of property in the transferor on failure of payment or
deposit of consideration.
269UH. (1) If the Central Government fails to tender
under sub-section (1) of section 269UG or deposit under sub-section (2) or
sub-section (3) of the said section, the whole or any part of the amount of
consideration required to be tendered or deposited thereunder
within the period specified therein in respect of any immovable property which
has vested in the Central Government under sub-section (1) or, as the case may
be, sub-section (6) of section 269UE, the order to purchase the immovable
property by the Central Government made under sub-section (1) of section 269UD
shall stand abrogated and the immovable property shall stand re-vested in the
transferor after the expiry of the aforesaid period :
Provided that where any dispute referred to in
sub-section (2) or sub-section (3) of section 269UG is pending in any court for
decision, the time taken by the court to pass a final order under the said
sub-sections shall be excluded in computing the said period.
(2) Where an
order made under sub-section (1) of section 269UD is abrogated and the
immovable property re-vested in the transferor under sub-section (1), the
appropriate authority shall make, as soon as may be, a declaration in writing
to this effect and shall—
(a) deliver a copy
of the declaration to the persons mentioned in sub-section (2) of section 269UD
; and
(b) deliver or
cause to be delivered possession of the immovable property back to the
transferor, or, as the case may be, to such other person as was in possession
of the property at the time of its vesting in the Central Government under section
269UE.
Powers of the appropriate authority.
269UI. The appropriate authority shall have, for the
purposes of this Chapter, all the powers that a [Chief Commissioner or
Commissioner] of Income-tax has for the purposes of this Act under section 131.
269UJ. With a view to rectifying any mistake
apparent from the record, the appropriate authority may amend any order made by
it under this Chapter, either on its own motion or on the mistake being brought
to its notice by any person affected by the order :
Provided that if any such amendment is likely to
affect any person prejudicially, it shall not be made without giving to such
person a reasonable opportunity of being heard :
Provided
further that no amendment
shall be made under this section after the expiry of six months from the end of
the month in which the order sought to be amended was made.
Restrictions on revocation or alteration of certain agreements for
the transfer of immovable property or on transfer of certain immovable
property.
269UK. (1) Notwithstanding anything contained in any
other law for the time being in force, no person shall revoke or alter an
agreement for the transfer of an immovable property or transfer such property
in respect of which a statement has been furnished under section 269UC unless,—
(a) the appropriate authority has not made
an order for the purchase of the immovable property by the Central Government
under section 269UD and the period specified for the making of such order has
expired ; or
(b) in a case where an order for the
purchase of the immovable property by the Central Government has been made
under sub-section (1) of section 269UD, the order stands abrogated under
sub-section (1) of section 269UH.
(2) Any
transfer of any immovable property made in contravention of the provisions of
sub-section (1) shall be void.
Restrictions on registration, etc., of documents in respect of
transfer of immovable property.
269UL. (1) Notwithstanding anything contained in any
other law for the time being in force, no registering officer appointed under
the Registration Act, 1908 (16 of 1908), shall register any document which
purports to transfer immovable property exceeding the value prescribed under section
269UC unless a certificate from the appropriate authority that it has no
objection to the transfer of such property for an amount equal to the apparent
consideration therefor as stated in the agreement for
transfer of the immovable property in respect of which it has received a statement
under sub-section (3) of section 269UC, is furnished along with such document.
(2)
Notwithstanding anything contained in any other law for the time being in
force, no person shall do anything or omit to do anything which will have the
effect of transfer of any immovable property unless the appropriate authority
certifies that it has no objection to the transfer of such property for an amount
equal to the apparent consideration therefor as
stated in the agreement for transfer of the immovable property in respect of
which it has received a statement under sub-section (3) of section 269UC.
(3) In a
case where the appropriate authority does not make an order under sub-section
(1) of section 269UD for the purchase by the Central Government of an immovable
property, or where the order made under sub-section (1) of section 269UD stands
abrogated under sub-section (1) of section 269UH, the appropriate authority
shall issue a certificate of no objection referred to in sub-section (1) or, as
the case may be, sub-section (2) and deliver copies thereof to the transferor
and the transferee.
Immunity to transferor against claims of transferee for transfer.
269UM. Notwithstanding anything contained in any
other law or in any instrument or any agreement for the time being in force,
when an order for the purchase of any immovable property by the Central
Government is made under this Chapter, no claim by the transferee shall lie
against the transferor by reason of such transfer being not in accordance with
the agreement for the transfer of the immovable property entered into between
the transferor and transferee :
Provided that nothing contained in this section shall apply
if the order for the purchase of the immovable property by the Central
Government is abrogated under sub-section (1) of section 269UH.
Order of appropriate authority to be final and conclusive.
269UN. Save as otherwise provided in this Chapter,
any order made under sub-section (1) of section 269UD or any order made under
sub-section (2) of section 269UF shall be final and conclusive and shall not be
called in question in any proceeding under this Act or under any other law for
the time being in force.
Chapter not to apply to certain transfers.
269UO. The provisions of this Chapter shall not
apply to or in relation to any immovable property where the agreement for transfer
of such property is made by a person to his relative on account of natural love
and affection, if a recital to that effect is made in the agreement for
transfer.]
[Chapter
not to apply where transfer of immovable property effected after certain date.
269UP. The provisions of this Chapter shall not apply
to, or in relation to, the transfer of any immovable property effected on or
after the 1st day of
July, 2002.]