May 16, 2015
https://www.facebook.com/mehtarahulc/posts/10152774649111922
The proposed law draft to reduce the use of cash i.e. black rupees in land sales
.
Dear citizens of India,
.
My claim is that the law-draft proposed here will reduce the role of cash i.e. black rupees in land / flat sales in India.
.
How does the law-draft work?
.
Once printed in Gazette, if a third party offers 25% extra within 30 days , then buyer will get 20% extra and plot will go to the third party. Hence , volume of cash will drop to below 20% . And three years later, the margin for open land decrease from 20% to 5%.
.
For details, please see section-3 of the draft.
.
For more explanation, you can search on FB for Right to Recall Group activists in your city. You can call \ meet them and they will explain the clauses to you. After explanations , if you support this law-draft, then please send following order to MP via SMS.
.
=========== start of order to be sent to MP via SMS ==========
.
Dear MP , I order you to print the law-draft mentioned inhttp://tinyurl.com/ReduceCashInLandDeals3 in the Gazette
.
======= end of sms text ====
.
Dear MP,
.
If you have received the link to this law-draft then it is an order from YOUR voter (and NOT this author) to print the following law-draft in Gazette
.
===== start of the law-draft ====
.
// General comments
These comments are guidelines to Jurors and all , but not operative part of the law-draft. The law enables govt officer titled NLSSO to enable third party to give bids which are 25% higher than price buyer has paid for land within 30 days. If buyer has paid the marklet price, then such bid will rarely come in 30 days. So in very rare case only, the law will effect genuine buyer, but the law will not effect genuine buyer adversely. But if buyer has under-reported the price , then he may lose the plot. section-3 is the main section. section-1 and section-2 . The other sections are just generic sections. The law enables NLSSO to inform third parties to bid aagainst a lower price reporting. But what will 'force' the NLSSO do carry out his job? The answer is --- the right to recall NLSSO clauses given in RTR-NLSSO section
/end of comments//
.
section-1 : Basic definitions
.
1.1 The word citizen in this draft would mean a registered voter
.
1.2 The word land in this draft will include all plots, agricultural land and flats, offices, buildings, all constructions that create ownership over a plot.
.
1.3 The word flat in this draft will include all construction --- apartments , bungalows , offices, buildings, warehouses, industrial shades and all other constructions, and also includes land on which ownership comes due to ownership of the flat.
.
1.4 This act will not cover sales where open fair auction was held before the sale. Whether auction held was open or fair will be decided by the Jurors in Jury Trial related clauses in this draft.
1.4 The word sale will include sale , gifts outside family as well as rental agreements over 20 years. The word sale will not cover inheritance. The gifts between close family members as defined in Income Tax Act will not be considered as sale. However , if a family member gifts away a gift received within 1 year, then it will be considered as a sale. If the plot / flat is owned by company or trust, then any transfer of name will be considered as sale.
section-2 : Main officers and their staff , offices
.
2.1 ( instruction to PM )
.
The PM will appoint an officer titled as NLSSO = National Land Sale Supervising Officer to reduce the use of unaccounted cash in the sale of plots and flats. The citizens of India may replace him using Right to Recall NLSSO clauses listed in RTR-NLSSO section in this draft.
.
2.2 ( instruction to NLSSO . PM , MPs , citizens )
.
NLSSO will prepare guidelines and give fund requirements for running his offices across India. The guidelines will come into effect after PM prints them in Gazette or after MPs pass them as legislation or after citizens approve them using clauses given in the TCP-section of this draft
.
2.3 ( instruction to NLSSO )
.
NLSSO will recruit existing officers from Central Govt or any State Govt , after approval of the respective heads. NLSSO will appoint one SLSSO = State Land Sale Supervising Officer per State , one DLSSO = District Land Sale Supervising Officer per District, and one TLSSO = Tahsil Land Sales Supervising Officers per Tahsil. They will all work under Central Govt under NLLSO.
.
2.4 ( instruction to NLSSO )
.
LSSO will also setup website to perform his tasks and tasks of SLSSO , DLSSO, TLSSO , land buyers, land sellers and land sale registration officers in State Govt
.
2.7 ( instruction to NLSSO )
.
NLSSO will issue 2 newspaper advertisements of A4 size in each district on front page bottom left. The newspapers he will select will be the two of largest selling newspapers of the local language in that district as per Registrar of Newspapers. The rates will be as per the rates decided by Information and Broadcasting Ministry. The advertisement will have necessary instructions for the citizens.
.
2.8 ( instruction to NLSSO , all citizens , all land owners in India )
.
Each person , partnership, other companies , trusts , co-operative society , PSU , Govt entity, foreigner and all land / flat owners will register the details of all plots / constructions they partly or wholly own in India, within 90 days after newspaper advertisements are issued. The registration will be done with TLSSO designated by NLSSO. The land /flat owners will also register the shares they own in co-operative housing society or commercial complexes in which they own flats. All land / flat owners will also register the claims they have whether the claims are filed in court or not. LSSO will enable citizens to file claims and ownership statements over net and also enable citizens to file claims and ownership statement at TLSSO = Tahsil Land Sales Supervising Officers in each Tahsil / Ward offices. NLSSO may impose a fine equal to 0.03% of value of property per week for delay in registration. The delay in filing will NOT remove the claim of a person.
.
2.8 ( instruction to NLSSO )
.
NLSSO will put all claims and ownership records he has obtained on the net , along with name of owners , their parents’ names, their PAN card number, voter-id, aadhar card number , their parents id numbers, photographs of male owners but not the photograph of the female owners. In case of female owners, NLSSO will put picture and ids of any close male relative or any close male associate or lawyer that the female owner approves.
.
2.9 ( instruction to NLSSO )
.
NLSSO will also obtain land / flat records , plots' boundaries records from all govt bodies such as collector's office , municipality records etc.
.
2.10 ( instruction to all land owners , TLSSO )
.
Whenever a seller sells a land / flat , both the buyer and seller will both separately register the details of the sale . Both will report plot-id, plot location , plot size , construction size , names and ids of buyers and sellers, and the price paid to the buyer within 7 days after the sale at TLSSO office or his website. The penalty for late-reporting will be 0.01% per day of the property price.
.
2.11 ( instruction to TLSSO )
.
Whenever the TLSSO = Tahsil Land Sale Supervising Officer comes know about sale of plot / flat , he will upload all details on website such as price , location of plot , area of plot , plot-id, construction area , construction description to the best of his knowledge , picture of the plot , location of the plot on the map , the id of the seller , name of the seller , picture if the seller only if the seller is male , picture of a male relative of the seller if the seller is female and same details of the buyers. And if the buyer is company / trust , then TLSSO will put names and ids of the trustees and the owners on the website. Except in case of public limited company , where only company name will be shown , with names of directors and principal share owners, but not all share-owners.
.
section-3 : Obtaining bids from third parties
.
3.1 ( instruction to NLSSO )
.
NLSSO will work to get bids for land or constructions / flats done 90 days AFTER NLSSO has given the advertisements in the newspaper described in later clause in this draft. NLSSO will not work to get bids over the older sale deeds. NLSSO will also cover rental agreements longer than 20 years, but not below or equal to 20 years. NLSSO will cover only those sales where both buyers are private parties and none is a Govt entity . The Govt entity would mean any entity which is 51% or more owned by Central , State or District / Municipal Govts or PSUs owned by Govt. NLSSO will also not cover sales where open fair auction was held before the sale. Whether auction held was open or fair will be decided by the Jurors in Jury Trial related clauses in this draft.
.
3.2 ( instruction to TLSSO )
.
Whenever a sale of land / flat is sold , the TLSSO = Tahsil Land Sale Supervising Officer comes know about sale of plot / flat , he will upload all details on website such as location of plot , area of plot , plot-id, construction area , construction description to the best of his knowledge , picture of the plot , location of the plot on the map and the price at which the plot was sold.
.
3.2 (instruction to NLSSO , SLSSO , DLSSO , TLSSO )
.
The NLSSO etc will try to obtain third party bids which are 25% higher than the price given by the buyer. If a third party comes within 30 days with over 25% more than the sale price, then NLSSO will 120% of the sale price to the buyer, and put the name of third party as next potential owner. And after taking his bid, he will wait for another 30 days for another bid which must be 25% higher than the bid last made. The final buyer will be declared as owner only after no more bid comes.
.
Example-1
.
a) say A is the owner of a plot / flat . Say buyer B has paid Rs 1 crore and A reports at TLSSO that he has sold the plot to B
.
b) say within 30 days , say C comes and offers Rs 1.25 crore. Then TLSSO deposit Rs 1.20 crore in account of B and remove claim of B. And Rs 5 lakhs will be deposited in the account of Union Govt
.
c) say within 30 days after A has sold, C1, C2 and C3 come with offer of Rs 1.25 crore , Rs 1.35 crore and Rs 1.50 crore. Then TLSSO will take claim of C3 , remove name of B, take Rs 1.50 crore , give Rs 1.20 crore to B and deposit the rest in account of Union Govt
.
d) once the claim of C (or C3) is put for Rs 1.25 crore , then TLSSO wait for another 30 days. The next acceptable bid will be now 25% then final price i.e. Rs 1.25 * 125 %= Rs 1.56 crore .
.
e) so if D comes and makes a bid of say Rs 1.60 crore, then TLSSO will deposit will deposit Rs 1.56 crore in the account of C and wait for another 30 days
.
f) if no additional bid comes 30 days after final the sale request, then TLSSO will stop taking bid and transfer the plot / flat to the buyer or the last bidder.
.
3.3 ( instruction to NLSSO )
.
(3.3.1) NLSSO will apply the system on open land plot and land plots with one construction unit such as tenement / bungalows , with circle rate above Rs 2 crore within 90 days after said advertisement is given newspaper.
.
(3.3.2) For agricultural plots too, the limit will be Rs 2 crore of circle rate.
.
(3.3.3) For first year, NLSSO will not apply this system on smaller plots and construction units which share land
.
(3.3.4) After one year, NLSSO will apply this system on all open plots irrespective of value including agricultural plots and bungalows, but not on schemes which have construction units which share land and value is below Rs 2 crore
.
(3.3.5) After two years, NLSSO will apply this system on all plots and all construction units.
.
(3.4.6) After three years, the margin for open land will reduce from 20% to 5% and for construction units which do not share land will be also 10%. And after three years, the margin for construction unit which share land will be 15%.
section-4 : Right to Recall NLSSO
.
4.1 ( instruction to Cabinet Secretary , Union Govt or officer he deputes )
.
If any citizen of India wishes to become NLSSO , and he appears in person or via a lawyer with affidavit before the Cabinet Secretary, then the Secretary would accept his candidacy for NLSSO after taking filing fee same as deposit amount for MP election.
.
4.2 (instruction to Talati , or Talati’s Clerks)
.
If a citizen of that district comes in person to Talati’s office, pays Rs 3 fee , and approves at most five persons for the NLSSO position, then the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved.
.
4.3 ( instruction to Talati )
.
The Talati will put the preferences of the citizen on PM's website with citizen’s voter-ID number and his preferences
.
4.4 (instruction to Talati)
.
If a the citizen comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee
.
4.5 (instruction to Cabinet Secretary)
.
On every 5th of month, the CS may publish Approval counts for each candidate as on last date of the previous month.
.
4.6 (instruction to PM )
.
If a candidate gets approval of over 51% of ALL registered citizen-voters (ALL, not just those who have filed their approval) in a district, then PM may or need not expel the existing NLSSO and may or need not appoint the person with highest approval count as NLSSO . The decision of PM will be final
.
section-5 : TCP-clauses
.
TCP.1 ( instruction to District Collector )
.
if any citizen wants a change in this law-draft, he may submit an affidavit at Collector’s office and Collector or his clerk will post the affidavit on the website of Prime Minister for a fee of Rs 20/- per page.
.
TCP.2 (instruction to Talati or Patwari)
.
If any citizens want to register his opposition to this law-draft or any section or wants to register YES-NO to any affidavit submitted in above clause, and he comes to Talati’s office with voter-ID and pays Rs 3 fee, Talati will enter YES/NO and give him a receipt. The YES-NO will be posted on the website of the Prime Minister.
.
https://www.facebook.com/mehtarahulc/posts/10152774649111922
The proposed law draft to reduce the use of cash i.e. black rupees in land sales
.
Dear citizens of India,
.
My claim is that the law-draft proposed here will reduce the role of cash i.e. black rupees in land / flat sales in India.
.
How does the law-draft work?
.
Once printed in Gazette, if a third party offers 25% extra within 30 days , then buyer will get 20% extra and plot will go to the third party. Hence , volume of cash will drop to below 20% . And three years later, the margin for open land decrease from 20% to 5%.
.
For details, please see section-3 of the draft.
.
For more explanation, you can search on FB for Right to Recall Group activists in your city. You can call \ meet them and they will explain the clauses to you. After explanations , if you support this law-draft, then please send following order to MP via SMS.
.
=========== start of order to be sent to MP via SMS ==========
.
Dear MP , I order you to print the law-draft mentioned inhttp://tinyurl.com/ReduceCashInLandDeals3 in the Gazette
.
======= end of sms text ====
.
Dear MP,
.
If you have received the link to this law-draft then it is an order from YOUR voter (and NOT this author) to print the following law-draft in Gazette
.
===== start of the law-draft ====
.
// General comments
These comments are guidelines to Jurors and all , but not operative part of the law-draft. The law enables govt officer titled NLSSO to enable third party to give bids which are 25% higher than price buyer has paid for land within 30 days. If buyer has paid the marklet price, then such bid will rarely come in 30 days. So in very rare case only, the law will effect genuine buyer, but the law will not effect genuine buyer adversely. But if buyer has under-reported the price , then he may lose the plot. section-3 is the main section. section-1 and section-2 . The other sections are just generic sections. The law enables NLSSO to inform third parties to bid aagainst a lower price reporting. But what will 'force' the NLSSO do carry out his job? The answer is --- the right to recall NLSSO clauses given in RTR-NLSSO section
/end of comments//
.
section-1 : Basic definitions
.
1.1 The word citizen in this draft would mean a registered voter
.
1.2 The word land in this draft will include all plots, agricultural land and flats, offices, buildings, all constructions that create ownership over a plot.
.
1.3 The word flat in this draft will include all construction --- apartments , bungalows , offices, buildings, warehouses, industrial shades and all other constructions, and also includes land on which ownership comes due to ownership of the flat.
.
1.4 This act will not cover sales where open fair auction was held before the sale. Whether auction held was open or fair will be decided by the Jurors in Jury Trial related clauses in this draft.
1.4 The word sale will include sale , gifts outside family as well as rental agreements over 20 years. The word sale will not cover inheritance. The gifts between close family members as defined in Income Tax Act will not be considered as sale. However , if a family member gifts away a gift received within 1 year, then it will be considered as a sale. If the plot / flat is owned by company or trust, then any transfer of name will be considered as sale.
section-2 : Main officers and their staff , offices
.
2.1 ( instruction to PM )
.
The PM will appoint an officer titled as NLSSO = National Land Sale Supervising Officer to reduce the use of unaccounted cash in the sale of plots and flats. The citizens of India may replace him using Right to Recall NLSSO clauses listed in RTR-NLSSO section in this draft.
.
2.2 ( instruction to NLSSO . PM , MPs , citizens )
.
NLSSO will prepare guidelines and give fund requirements for running his offices across India. The guidelines will come into effect after PM prints them in Gazette or after MPs pass them as legislation or after citizens approve them using clauses given in the TCP-section of this draft
.
2.3 ( instruction to NLSSO )
.
NLSSO will recruit existing officers from Central Govt or any State Govt , after approval of the respective heads. NLSSO will appoint one SLSSO = State Land Sale Supervising Officer per State , one DLSSO = District Land Sale Supervising Officer per District, and one TLSSO = Tahsil Land Sales Supervising Officers per Tahsil. They will all work under Central Govt under NLLSO.
.
2.4 ( instruction to NLSSO )
.
LSSO will also setup website to perform his tasks and tasks of SLSSO , DLSSO, TLSSO , land buyers, land sellers and land sale registration officers in State Govt
.
2.7 ( instruction to NLSSO )
.
NLSSO will issue 2 newspaper advertisements of A4 size in each district on front page bottom left. The newspapers he will select will be the two of largest selling newspapers of the local language in that district as per Registrar of Newspapers. The rates will be as per the rates decided by Information and Broadcasting Ministry. The advertisement will have necessary instructions for the citizens.
.
2.8 ( instruction to NLSSO , all citizens , all land owners in India )
.
Each person , partnership, other companies , trusts , co-operative society , PSU , Govt entity, foreigner and all land / flat owners will register the details of all plots / constructions they partly or wholly own in India, within 90 days after newspaper advertisements are issued. The registration will be done with TLSSO designated by NLSSO. The land /flat owners will also register the shares they own in co-operative housing society or commercial complexes in which they own flats. All land / flat owners will also register the claims they have whether the claims are filed in court or not. LSSO will enable citizens to file claims and ownership statements over net and also enable citizens to file claims and ownership statement at TLSSO = Tahsil Land Sales Supervising Officers in each Tahsil / Ward offices. NLSSO may impose a fine equal to 0.03% of value of property per week for delay in registration. The delay in filing will NOT remove the claim of a person.
.
2.8 ( instruction to NLSSO )
.
NLSSO will put all claims and ownership records he has obtained on the net , along with name of owners , their parents’ names, their PAN card number, voter-id, aadhar card number , their parents id numbers, photographs of male owners but not the photograph of the female owners. In case of female owners, NLSSO will put picture and ids of any close male relative or any close male associate or lawyer that the female owner approves.
.
2.9 ( instruction to NLSSO )
.
NLSSO will also obtain land / flat records , plots' boundaries records from all govt bodies such as collector's office , municipality records etc.
.
2.10 ( instruction to all land owners , TLSSO )
.
Whenever a seller sells a land / flat , both the buyer and seller will both separately register the details of the sale . Both will report plot-id, plot location , plot size , construction size , names and ids of buyers and sellers, and the price paid to the buyer within 7 days after the sale at TLSSO office or his website. The penalty for late-reporting will be 0.01% per day of the property price.
.
2.11 ( instruction to TLSSO )
.
Whenever the TLSSO = Tahsil Land Sale Supervising Officer comes know about sale of plot / flat , he will upload all details on website such as price , location of plot , area of plot , plot-id, construction area , construction description to the best of his knowledge , picture of the plot , location of the plot on the map , the id of the seller , name of the seller , picture if the seller only if the seller is male , picture of a male relative of the seller if the seller is female and same details of the buyers. And if the buyer is company / trust , then TLSSO will put names and ids of the trustees and the owners on the website. Except in case of public limited company , where only company name will be shown , with names of directors and principal share owners, but not all share-owners.
.
section-3 : Obtaining bids from third parties
.
3.1 ( instruction to NLSSO )
.
NLSSO will work to get bids for land or constructions / flats done 90 days AFTER NLSSO has given the advertisements in the newspaper described in later clause in this draft. NLSSO will not work to get bids over the older sale deeds. NLSSO will also cover rental agreements longer than 20 years, but not below or equal to 20 years. NLSSO will cover only those sales where both buyers are private parties and none is a Govt entity . The Govt entity would mean any entity which is 51% or more owned by Central , State or District / Municipal Govts or PSUs owned by Govt. NLSSO will also not cover sales where open fair auction was held before the sale. Whether auction held was open or fair will be decided by the Jurors in Jury Trial related clauses in this draft.
.
3.2 ( instruction to TLSSO )
.
Whenever a sale of land / flat is sold , the TLSSO = Tahsil Land Sale Supervising Officer comes know about sale of plot / flat , he will upload all details on website such as location of plot , area of plot , plot-id, construction area , construction description to the best of his knowledge , picture of the plot , location of the plot on the map and the price at which the plot was sold.
.
3.2 (instruction to NLSSO , SLSSO , DLSSO , TLSSO )
.
The NLSSO etc will try to obtain third party bids which are 25% higher than the price given by the buyer. If a third party comes within 30 days with over 25% more than the sale price, then NLSSO will 120% of the sale price to the buyer, and put the name of third party as next potential owner. And after taking his bid, he will wait for another 30 days for another bid which must be 25% higher than the bid last made. The final buyer will be declared as owner only after no more bid comes.
.
Example-1
.
a) say A is the owner of a plot / flat . Say buyer B has paid Rs 1 crore and A reports at TLSSO that he has sold the plot to B
.
b) say within 30 days , say C comes and offers Rs 1.25 crore. Then TLSSO deposit Rs 1.20 crore in account of B and remove claim of B. And Rs 5 lakhs will be deposited in the account of Union Govt
.
c) say within 30 days after A has sold, C1, C2 and C3 come with offer of Rs 1.25 crore , Rs 1.35 crore and Rs 1.50 crore. Then TLSSO will take claim of C3 , remove name of B, take Rs 1.50 crore , give Rs 1.20 crore to B and deposit the rest in account of Union Govt
.
d) once the claim of C (or C3) is put for Rs 1.25 crore , then TLSSO wait for another 30 days. The next acceptable bid will be now 25% then final price i.e. Rs 1.25 * 125 %= Rs 1.56 crore .
.
e) so if D comes and makes a bid of say Rs 1.60 crore, then TLSSO will deposit will deposit Rs 1.56 crore in the account of C and wait for another 30 days
.
f) if no additional bid comes 30 days after final the sale request, then TLSSO will stop taking bid and transfer the plot / flat to the buyer or the last bidder.
.
3.3 ( instruction to NLSSO )
.
(3.3.1) NLSSO will apply the system on open land plot and land plots with one construction unit such as tenement / bungalows , with circle rate above Rs 2 crore within 90 days after said advertisement is given newspaper.
.
(3.3.2) For agricultural plots too, the limit will be Rs 2 crore of circle rate.
.
(3.3.3) For first year, NLSSO will not apply this system on smaller plots and construction units which share land
.
(3.3.4) After one year, NLSSO will apply this system on all open plots irrespective of value including agricultural plots and bungalows, but not on schemes which have construction units which share land and value is below Rs 2 crore
.
(3.3.5) After two years, NLSSO will apply this system on all plots and all construction units.
.
(3.4.6) After three years, the margin for open land will reduce from 20% to 5% and for construction units which do not share land will be also 10%. And after three years, the margin for construction unit which share land will be 15%.
section-4 : Right to Recall NLSSO
.
4.1 ( instruction to Cabinet Secretary , Union Govt or officer he deputes )
.
If any citizen of India wishes to become NLSSO , and he appears in person or via a lawyer with affidavit before the Cabinet Secretary, then the Secretary would accept his candidacy for NLSSO after taking filing fee same as deposit amount for MP election.
.
4.2 (instruction to Talati , or Talati’s Clerks)
.
If a citizen of that district comes in person to Talati’s office, pays Rs 3 fee , and approves at most five persons for the NLSSO position, then the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved.
.
4.3 ( instruction to Talati )
.
The Talati will put the preferences of the citizen on PM's website with citizen’s voter-ID number and his preferences
.
4.4 (instruction to Talati)
.
If a the citizen comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee
.
4.5 (instruction to Cabinet Secretary)
.
On every 5th of month, the CS may publish Approval counts for each candidate as on last date of the previous month.
.
4.6 (instruction to PM )
.
If a candidate gets approval of over 51% of ALL registered citizen-voters (ALL, not just those who have filed their approval) in a district, then PM may or need not expel the existing NLSSO and may or need not appoint the person with highest approval count as NLSSO . The decision of PM will be final
.
section-5 : TCP-clauses
.
TCP.1 ( instruction to District Collector )
.
if any citizen wants a change in this law-draft, he may submit an affidavit at Collector’s office and Collector or his clerk will post the affidavit on the website of Prime Minister for a fee of Rs 20/- per page.
.
TCP.2 (instruction to Talati or Patwari)
.
If any citizens want to register his opposition to this law-draft or any section or wants to register YES-NO to any affidavit submitted in above clause, and he comes to Talati’s office with voter-ID and pays Rs 3 fee, Talati will enter YES/NO and give him a receipt. The YES-NO will be posted on the website of the Prime Minister.
.
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