Rule 310 of The General Financial Rules 2017 Transfer of Land and Buildings

Rule 310 of The General Financial Rules 2017 Transfer of Land and Buildings

Original Rule Text

Rule 310 (1) Transfer of Land. Transfer of land from a Union Territory to a Central Government Department (i.e. Ministry or Department of the Union Government including Defence, Railways, and Posts and Telegraphs) or vice versa shall be on ‘no profit no loss’ basis. Rule 310 (2) Transfer of land from one Department of the Government (as defined in Rule 309) to another shall be on ‘no profit no loss’ basis. ‘No profit no loss’ as indicated at rules 310(1) and 310(2) above does not necessarily mean transfer being effected with ‘zero cost’. Transfer can be on the basis of mutually agreeable terms and conditions or in exchange for equal value land or payment of value of land or cost of acquisition. Rule 310 (3) Transfer of buildings and superstructures on land shall be treated similar to transfer of land. Transfer of buildings and superstructures on land vide above shall be at the present day cost minus depreciation of these structure(s) standing on the land. Valuation for this purpose shall be obtained from the Central Public Works Department at the time of transfer. Rule 310 (4) The allotment of land to, and recovery of cost of buildings from the Public Sector Undertakings shall be at ‘market value’ as defined in paragraph – 2 of Appendix – 7. Rule 310 (5) The transfer of land and building between the Union and State Governments shall be regulated by the provisions of Articles 294, 295, 298 and299 of the Constitution and subsidiary instructions issued by the Union Government which are reproduced as Appendix – 7.

Visual Summary

Internal Transfers

Land transfers between government departments are on a ‘no profit no loss’ basis.

PSU Transactions

Land and building transfers involving Public Sector Undertakings are at ‘market value’.

Building Valuation

Buildings and superstructures are transferred at depreciated cost.

Executive Summary

Rule 310 of the General Financial Rules, 2017, outlines the principles for transferring land and buildings between various government entities. It mandates a ‘no profit no loss’ basis for transfers between Union Territories and Central Government Departments, or between different Central Government Departments. This principle allows for mutually agreeable terms, including exchange of land or payment for acquisition cost. For buildings and superstructures, the transfer is based on present-day cost minus depreciation. Transfers involving Public Sector Undertakings are to be conducted at ‘market value’. Finally, transfers between the Union and State Governments are governed by specific Articles of the Constitution and related instructions in Appendix 7.

In-Depth Analysis of the Rule

Introduction: Rule 310 provides a comprehensive framework for the transfer of land and buildings within the governmental ecosystem, ensuring clarity and fairness in transactions between different entities. It distinguishes between various types of transfers, applying different valuation principles based on the parties involved.

Breakdown of the Rule:

  • Rule 310(1) & (2) – Internal Government Transfers: These sub-rules stipulate that transfers of land between a Union Territory and a Central Government Department, or between any two Central Government Departments, must occur on a ‘no profit no loss’ basis. This doesn’t imply zero cost but allows for mutually agreeable terms, such as exchange of land, payment of land value, or cost of acquisition.
  • Rule 310(3) – Valuation of Buildings: When buildings and superstructures are transferred, their valuation is based on the present-day cost minus depreciation. The Central Public Works Department is responsible for providing this valuation at the time of transfer.
  • Rule 310(4) – Public Sector Undertakings: Transfers of land and recovery of building costs involving Public Sector Undertakings (PSUs) are to be conducted at ‘market value’, as further defined in Appendix 7. This ensures commercial fairness in transactions with entities operating under a more commercial mandate.
  • Rule 310(5) – Union and State Government Transfers: Transfers of land and buildings between the Union Government and State Governments are governed by specific constitutional provisions (Articles 294, 295, 298, and 299) and detailed subsidiary instructions outlined in Appendix 7.

Practical Example: Imagine the Ministry of Defence needs a parcel of land currently held by the Department of Posts in a Union Territory. According to Rule 310(1) and (2), this transfer would occur on a ‘no profit no loss’ basis. If there’s a building on this land, its value would be determined by its present-day cost minus depreciation, as per Rule 310(3). The Ministry of Defence might compensate the Department of Posts for the acquisition cost of the land and the depreciated value of the building, rather than paying a market-rate profit.

Related Provisions

To fully understand the context of land and building transfers, consider these related provisions:

Learning Aids

Mnemonics
  • Transfers: Types, Terms, Thresholds. Remember the three ‘T’s for Rule 310’s different transfer scenarios.
  • No Profit No Loss for Internal Government (NPNL IG): Helps recall the principle for transfers between government departments.
Process Flowchart
Initiate Transfer Request Identify Parties Involved Determine Transfer Scenario Internal Govt: No Profit No Loss PSU: Market Value Union-State: Constitutional Rules Involves Building? Use Depreciated Cost Transfer Principles Applied Transfer Principles Applied Yes No Transfer Finalized

Multiple Choice Questions

1. According to Rule 310 of the General Financial Rules, 2017, what is the basis for transferring land between a Union Territory and a Central Government Department?

  • A) Market value
  • B) No profit no loss basis
  • C) Cost of acquisition plus 10% profit
  • D) Negotiated value with external auditors
Show Answer

Correct Answer: B) No profit no loss basis

2. How are transfers of buildings and superstructures valued under Rule 310(3) of the General Financial Rules, 2017?

  • A) At their original purchase price
  • B) At market value
  • C) At present-day cost minus depreciation
  • D) Based on future potential value
Show Answer

Correct Answer: C) At present-day cost minus depreciation

3. For transfers of land to Public Sector Undertakings, Rule 310(4) of the General Financial Rules, 2017, specifies the valuation basis as:

  • A) No profit no loss basis
  • B) Book value
  • C) Market value
  • D) Acquisition cost
Show Answer

Correct Answer: C) Market value

4. What does ‘no profit no loss’ basis for land transfer under Rule 310 of the General Financial Rules, 2017, explicitly NOT mean?

  • A) Transfer at zero cost
  • B) Transfer based on mutually agreeable terms
  • C) Transfer in exchange for equal value land
  • D) Payment of cost of acquisition
Show Answer

Correct Answer: A) Transfer at zero cost

5. Transfers of land and buildings between the Union and State Governments are regulated by which provisions, according to Rule 310(5) of the General Financial Rules, 2017?

  • A) Only by mutual agreement between the governments
  • B) Articles 294, 295, 298, and 299 of the Constitution and Appendix 7
  • C) The latest market valuation reports
  • D) Decisions of the Central Public Works Department
Show Answer

Correct Answer: B) Articles 294, 295, 298, and 299 of the Constitution and Appendix 7

Frequently Asked Questions

What does ‘no profit no loss’ mean for land transfers under Rule 310?

It means the transfer is not necessarily at zero cost, but rather on mutually agreeable terms such as exchanging land of equal value, or payment for the cost of acquisition, avoiding any profit generation for the transferring entity.

How are buildings valued during transfer as per Rule 310?

Buildings and superstructures are valued at their present-day cost minus depreciation. This valuation is typically obtained from the Central Public Works Department.

Does Rule 310 apply to transfers between the Union and State Governments?

Yes, Rule 310(5) specifically states that such transfers are regulated by Articles 294, 295, 298, and 299 of the Constitution, along with subsidiary instructions in Appendix 7.

Key Takeaways

  • Transfers of land between internal government entities (UT to CG Dept, or CG Dept to CG Dept) are based on a ‘no profit no loss’ principle.
  • ‘No profit no loss’ allows for various mutually agreeable terms, not necessarily zero cost.
  • Buildings and superstructures are transferred at their present-day cost minus depreciation.
  • Transfers involving Public Sector Undertakings are conducted at ‘market value’.
  • Union-State government transfers are governed by specific Constitutional Articles and Appendix 7.

Conclusion

Rule 310 is fundamental for orderly and equitable asset management within the government. By clearly defining valuation principles and transfer mechanisms for different types of entities, it ensures transparency, prevents undue financial gains or losses, and provides a structured approach to the movement of land and building assets, thereby supporting efficient public administration.