|
GENERAL
1. Government of Pakistan
has decided to construct GHQ/Def Complex at Islamabad for which the requisite funds
will be generated through disposal of surplus military lands. The lands earmarked
for disposal are located in various Cantonments having different set of local byelaws
to suit the local environment. However, the general Terms & Conditions are outlined
in succeeding paragraphs for information and planning purpose by the prospective
buyers.
|
2. In relaxation of
all rules governing the sale of land under CLA Rules 1937, relevant sections of Cantonment Act
1924 and General Financial Rules, I am directed to convey sanction of the President to the
adoption of the ‘Project Specific’ procedure for disposal of military lands.
Disposal of land will be undertaken by GHQ Land Disposal Committee (GLDC) headed by DG Qtg and
Land, QMG’s Branch GHQ Rawalpindi.
|
|
3.
Categorization of Land for Disposal
|
|
a.
Residential. Houses/apartments as under:-
|
|
(1)
Residential A. Ground plus upto one storey buildings.
|
|
(2)
Residential B. Multi storey Apartments.
|
|
b. Commercial.
Offices/shops/apartments etcetera as under:-
|
|
(1)
Commercial A. Ground plus upto one storey commercial/mixed use buildings.
|
|
(2)
Commercial B. Multi storey commercial/mixed use buildings.
|
|
(3)
Commercial C. Specific purpose buildings, eg Cinema, Factory,
Petrol Pump, CNG Station or Parking
Plaza etcetera.
|
|
c.
Maximum Height. The maximum height for the buildings of
all categories will be allowed according to the
dictates of security and town planning. This will be laid down/approved by the
QMG’s Branch in consultation with respective Garrison HQ and will form
a project specific parameter for sale/approval of building plan.
|
|
|
4. Disposal/Sale Procedure
|
|
a.
Preparation of Parameters for Disposal / Sale. The LDC will
prepare comprehensive parameters for
disposal/sale after getting input from the concerned Cantt Board, Local City
Development Authority, Civil
Aviation Authority and Consultant(s) etc.The said parameters will then form the basis for the
disposal /sale.
|
|
b.
Publicity/Publication of Ads. The LDC GHQ will use all available means,
i.e.print/electronic/IT media
(LDC’s dedicated web site
www.ldc.gov.pk )to advertise for disposal/sale of lands.
|
|
c.
Pre-Bid Conference. A Pre-Bid Conference, if required, for
larger properties will be held and all Parameters/Terms & Conditions etcetera will be deliberated with the
potential buyers and finalized.
|
|
d.
Modes for Disposal/Sale. The following modes for disposal of lands shall
be executed in the given sequence:-
|
|
(1)
Open Auction. Open Public Auction shall be conducted, after
wide publicity through print and electronic
media, by the GLDC.
The highest/negotiated bid,if acceptable to GLDC/MLDC,shall be processed for
Govt approval.
|
|
(2)
Sealed Bids. In case disposal by Open Auction does not
fetch a price acceptable to the MLDC Sealed
Bids shall be invited through wide
publicity.Sealed Bids shall be opened by the GLDC in presence of the
bidders or their nominees who might like to be present. The highest bid,
if acceptable to the MLDC,shall
be submitted to Government for necessary approval.
|
|
(3)
Private Treaty. In case the Open Auction and Sealed Bids do not obtain an acceptable price which
will in no case be less than the Reserve Price, the MLDC, after wide publicity, shall negotiate sale by
Private Treaty with the interested parties.
|
|
e. Improvement of the Bid.
In order to enhance the final price achieved, the GLDC may negotiate with the
highest bidder(s) on
conclusion of the bidding process in both the cases, i.e.‘Open Auction’ or the ‘Sealed
Bids’.
|
|
f. Cancellation of Bid/Auction.
In case reasonable bids are not received, the GLDC shall have the right to
reject the auction/bids without assigning any reason thereof.
|
|
|
5. Payment Procedure
|
|
a. Earnest Money.
The intending bidders shall deposit earnest money, as published in the advertisement
(Print and IT Media), through a crossed cheque in favour of MEO concerned, before the start of auction
proceedings. Earnest Money shall be returned by the MEO concerned to the unsuccessful bidders soon after
the closing of the auction process. However, the crossed cheque of the successful bidder(s) shall be
retained as security deposit till he/she/they deposit the desired demand draft of the Initial Deposit.
|
|
b. Initial Payment.
Ten percent of the highest bid shall be deposited by the highest
bidder(s)on the fall of
hammer through a Demand Draft/Pay Order. If it is not possible, for any reason,
then he shall submit a
Crossed Cheque of the same amount at the spot. Later, this Crossed Cheque shall be replaced by him with
a Demand Draft of the same
value within three Business Days.
|
|
c. Balance Amount
|
|
(1)
Properties of Value Upto Rs 100 Million .
The balance payment (90%) will be paid in 2 equal
installments within a period of six months from the date of Govt approval.
|
|
(2)
Properties of Value More Than Rs 100 Million . The balance
payment (90%) will be paid in 4
equal installments within a maximum period of
twelve months from the date of Govt approval.
|
|
|
d.
Extension in Payment. In special circumstances, an extension upto a maximum period of six months
may be granted by the MLDC. It will, however, be allowed on a request by the purchaser, submitted at-least
one month in advance of the due date and subject to payment of surcharge @ Karachi Inter Bank
Offer Rate (KIBOR) plus 500 Basis Points per annum, as applicable on the day of approval of the
extension period, to be charged on monthly basis or fraction thereof, on the payable / balance amount,
from the actual due date.
|
|
e. Default in Payment.
In case of failure to deposit the initial or balance amount of the bid within the
extended period, the bid would stand rejected and the entire amount (Cheque/Demand Draft/Pay
Order) already deposited forfeited. Any development/ infrastructure undertaken on the said site by the
purchaser shall also be forfeited.
|
|
f. Early Execution of Lease Deed.
If a purchaser wants to pay the entire amount earlier, he may do so
and execute sale/lease deed.
|
|
|
6. Handing Over of Site to the Purchaser
Possession of land costing upto Rs 100 Million will be handed over after receipt of full payment from the
successful/highest bidder. However, without any prejudice
to its ownership title which shallrest with the
Federal Government till the Lease Deed is executed,the land
site whose bid value exceeds Rs 100 Million may
be handed over to the purchaser(s), to undertake
construction work after receipt of at-least fifty percent of the
total sale amount, Clean Bank Guarantee of
at least ‘AA’ rating as determined by the State Bank of
Pakistan, equal to the balance of the total amount
and entire amount of development charges. In this
regard, the format of ‘Clean Bank Guarantee’ approved
by the legal expertsand and to be provided by the
LDC shall be followed by all the purchaser(s). On receipt
of the Clean Bank Guarantee, the concerned
MEO
will get it verified through Land Disposal Cell,
QMG’s Branch,GHQ,confirm receipt of all the above payments
and then issue a ‘Provisional NOC’ before
handing over the site.
|
|
|
7. Mutation / Lease
The lease will be executed in Schedule IX-C of CLA Rules 1937 in the name of the
purchaser(s) or his
nominee(s), duly authorised by the purchaser(s) at the start of auction / bid proceedings
or to a Special
Purpose Vehicle which may be created subsequently by the
purchaser(s), when complete payment of land and
Development Charges etcetera have been received and after ‘No Objection Certificate’
has been granted
by the MEO.
|
|
|
8. Approval of Building Plans
Based on the ‘Provisional NOC’issued by the MEO, from land utilization point of
view, and the project specific
parameters (including height) approved by the QMG’s Branch for the sale, the
building plans shall be approved
in principle by the GLDC and then formally approved by the respective Cantt
Board within 45 days.
|
|
|
9. Development Works
|
|
a. The development charges will be ascertained by the Land Disposal
Cell (LDC) based on the parameters of
sale and after consulting the respective Cantt
Board. The development of the sites will be undertaken by
the LDC with the help/assistance of the respective Cantt Boards.
|
|
b. The Development Charges received
from the purchasers will be deposited into QMG’s Development Fund.
|
|
|
10. Deposit of Sale Proceeds
On receipt from the purchaser, all sale proceeds shall be deposited by the MEO concerned with the Controller
of Military Accounts (Rawalpindi Command) Rawalpindi under the following head:-
|
|
Special Funds for Construction RT Code Head Ch Code Head
of Defence Complex 0/016/89 0/016/89
Islamabad (DCI) Phase-III
|
|
|
11. Validity of Govt Letter
Keeping in view the procedural obligations and payment schedule, the validity of the
Govt Letter for lease/sale
of the land shall be for 13 months. Thereafter, if any extension in payment
schedule is granted as per
procedure outlined above, the validity period of the Govt Letter shall be enhanced
correspondingly by the
Ministry of Defence through a corrigendum.
|
|
|
12. Anomalies Committee
Any issue/clarification to be addressed may be addressed to Director Land Disposal, QMG’s Branch, GHQ
Rawalpindi.
|