CHAPTER  III

Procedure  to  be  followed  by   the  Settlement  Commissioner  in  the  office  of  the  Chief  Settlement  Commissioner  on  receipt  of  the  duplicate  copy of Compensation   Application

 

11.       Enquiry by the Settlement Commissioner on a receipt of duplicate copy of compensation application—(1) On receipt of a duplicate copy of an application for Compensation from Settlement Officer the Settlement Commissioner (Headquarters) shall verify the assessed value of the claim as stated in the application  with the final order in respect thereof in the claims record.

 

            (2)        Where there is no discrepancy between the  value of the claim as stated in the application and as entered in claims record, the Settlement Commissioner (Headquarters)  shall make an endorsement on the application that the value of the claim as stated by the applicant is correct.

 

            (3)        In case of any discrepancy, the Settlement Commissioner (Head-quarters) shall correct the relevant entry in the application and authenticate the same by his full signature and the seal of his Office.

 

            (4)        The Settlement Commissioner (Headquarters) shall record on the duplicate copy of the application any other information which may be relevant for the determination of the amount of compensation payable to the applicant and shall return the application to the Regional Settlement Commissioner.

 

            (5)        As soon as the duplicate copy of the application for compensation is returned to the Regional Settlement Commissioner, the Settlement Commissioner(Headquarters) shall make an entry in the following form in the Summary Schedule of the relevant claim which shall be duly signed by him :-

 

            Application for compensation in respect of claim bearing Registration No. ______________ received from the Settlement  Officer ___________________and returned after verification to the  Regional Settlement Commissioner____________________________on_____________

 

 (Date)

CHAPTER   IV

Determination  of  Compensation

 

12.       Regional Settlement Commissioner to link up the papers received from the Settlement Officer with those from Settlement Commissioner—On receipt of the original copy of an application for compensation together with the order of Settlement Officer under Section 5 of the Act and other relevant records, the Regional Settlement Commissioner shall consolidate such papers with the duplicate copy of the application received from the office of the Settlement Commissioner (Headquarters).

 

13.       Determination of amounts due from the applicant—The Regional Settlement Commissioner shall ascertain whether any amount of the nature described below is due from the applicant: -

 

      (a)        any amount due to any banking company under Section 6 of the Act or any amount which is prior charge declared under sub-section (3) of Section 16 of the Displaced Persons (Debt Adjustment) Act, 1951 (LXX of 1951), in respect of which any communication is received from any Tribunal under Section 52 of the Act, or

 

      (b)        the amount of any unsecured debt payable by the applicant in respect of which a communication has been received from any Tribunal under Section 52 of the Displaced Persons (Debt Adjustment) Act, 1951 (LXX of 1951

 

14.       Deduction of certain dues from the amount of Compensation—The following dues shall be deducted from the amount of compensation in the order of priority mentioned below: -

 

(i)            Public  dues;

(ii)        the amount, if any, referred to in clause (a) of rule 13;

(iii)               the amount, if any,  referred to in clause (b) of rule 13;

 

15.       Determination of net compensation—After deducting the amount referred to in rule 14, the Regional Settlement Commissioner or an Assistant Settlement Commissioner or a Settlement Officer or an Assistant Settlement Officer, having jurisdiction and duly authorised by Regional Settlement Commissioner, shall pass an order determining the net amount of compensation payable to the applicant in respect of his verified claim and shall prepare a summary in the form specified Iin Appendix VII (Abstract of particulars).

 

16.       Scale of compensation—Compensation shall be payable in accordance with scale specified in Appendices VIII or IX, as the case may be.

 

17.       Manner of payment of compensation—(1) Compensation may be paid in one or more installments.

 

      (2)        No person shall be paid compensation in cash exceeding eight thousand rupees;

 

Provided that the limit of Rs.8,000 may be exceeded to the extent necessary for making payment of the holder of a statement of account, by way of marginal adjustment, of the difference between the net amount of compensation payable as shown in the said statement and the value of property allotted compulsorily under sub-rule (4) but such marginal payment shall not exceed (a) Rs.500 where the amount shown in the statement of account does not exceed Rs.10,000 or (b) Rs.1,000 in  any other case.

 

            Provided further that where cash upto Rs.2000/- has already been paid and subsequently on enhancement of the claim etc. additional Compensation becomes payable and is within the range of Rs.2000/- cash may be paid upto Rs.2000/- towards additional compensation, notwithstanding the earlier cash payment, etc.

 

(3)        Where compensation is paid to any person by adjustment of public dues, transfer of property from the Compensation  Pool or partly by such adjustment or transfer and partly in cash, the total amount of compensation payable to him shall not exceed fifty thousand rupees in the first instance :

 

            Provided that nothing in this sub-rule shall apply where any such person purchases any property forming part of the compensation pool in which case the purchase price may be adjusted against the compensation payable to him in accordance with these rules, notwithstanding that the amount to be adjusted exceeds fifty thousand rupees.

 

            In its application to a Hindu undivided family, the limit of fifty thousand rupees shall apply to each share referred to in sub-rule (2) of rule 19.

 

(4)        Where the claimant to whom a Statement of Account has been issued showing the amount of compensation available to home for the purchase of property fails to utilise the whole or part of the compensation due to him by the purchase of property within six months from the 15th of January, 1959, or the date of issue of the Statement of Account, whichever is later, he may be allotted in lieu of the compensation pool at the discretion of the Settlement Commissioner.  On such allotment the claim of the claimant for compensation shall be deemed to have been satisfied.

 

(5)        Where any property is transferred to any person under this rule, a deed of conveyance shall be executed in the form specified in Appendix XXV-A.

 

17.A.   Central Government bonds to form part of the compensation pool.—All assets in the form of Government bonds in the hands of any Custodian in respect of compensation payable for the acquisition of any evacuee property by the State under any law relating to abolition of zamindaris and jagirs shall form part of the compensation pool.

 

17-B.   Payment of compensation in National Plan Savings Certificate of certain Government bonds.—Notwithstanding anything contained in these rules, a displaced person to whom compensation or rehabilitation grant is payable in accordance with the provision of the Act and these rules may, at the discretion of the Chief Settlement Commissioner, or a Settlement Commissioner, be paid compensation on rehabilitation grant—

 

(i)                  National Savings Certificates or

(ii)                in the form of Government bonds referred to in rule 17-A.

 

18.       Compensation to be determined on the total value of all claims—For the purpose of determining the compensation payable to an applicant, the Regional Settlement Commissioner shall, except as otherwise provided in these rules, add up the assessed value of all claims of the applicant in respect of all kinds of properties, other than agricultural land, situated in a rural area, left by him in West Pakistan and the compensation shall be assessed on the total value of such claims.

 

19.       Special provision for payment of compensation to joint families—Where a claim relates to properties left by the members of an undivided Hindu family  in West Pakistan (hereinafter referred to as the joint family) compensation shall be computed in the manner hereinafter provided in this rule.

 

            (2)        Where on the 26th September, 1955 (hereinafter referred to as the relevant date) the joint family consisted  of :-

           

(a)        Two or three members entitled to claim partition, the compensation payable to such family shall be computed by dividing the verified claim into two equal shares and calculating the compensation separately on each such share.

 

            (b)        four or more members entitled to claim partition, the compensation payable to such family shall be computed by dividing the verified claim into three equal shares & calculating the compensation separately on each such share.

 

            (3)        For the purpose of calculating the number of the members  of a joint family under sub-rule (2), a person who on the relevant date :-

 

(a)        was less than 18 years of age.

            (b)        was a denial descendant in the main line of another living member of joint Hindu family entitled to claim partition shall be excluded :

 

            Provided that where a member of a joint family has died during the period commencing on the 14th August, 1947 and ending on the relevant date leaving behind on the relevant date all or any of the following heirs, namely :-

 

(a)        a widow or  widows,

 

            (b)        a son or sons (whatever the age of such son or sons) but no denial ascendant in the main line, then all such heirs shall notwithstanding anything contained in this rule, be reckoned as one member of the joint Hindu family.

 

            Explanation.—For the purpose of this rule, the question whether a family  is joint or separate shall be determined with reference to the status of the family on the 14th day of August, 1947 and every member of a joint family shall be deemed to be joint notwithstanding the fact that he had separated from the family after that date.

 

19-A.   Maximum amount of compensation payable to a joint family in cash or otherwise.—Notwithstanding anything contained in the foregoing rules the maximum limit of two lakhs of rupees specified in Appendix VIII and the maximum limit of eight thousand rupees in respect of cash compensation specified in sub-rule (2) of 7 shall apply in respect of each of the shares into which the claim has been divided in pursuance of rule 19.

 

19-B.   Compensation ordinarily payable to Karta of joint family—Compensation in the case of joint family shall ordinarily be payable to the Karta of the family, but where the members of the joint family do not agree that the compensation payable to the family may be paid to the Karta of the family, such compensation shall be paid to each member of the family in accordance with his share specified in the assessment order; or where the share is not so specified in accordance with such share as the Settlement Commissioner may, having regard to the principle of Hindu law determine.

 

20.       Claim of co-owners—Where the claim relates to a property left in West Pakistan, which is owned by more than one claimants as co-owners, the unit for assessment of compensation shall be the share of the each co-owner and the compensation shall be payable in respect of each such share as if a claim in respect thereof had been filed and verified separately.

 

—Where a person holds a number of verified claims in different capacities, the total compensation payable to him shall be determined in accordance with the provisions of Rules 18, 19 & 20.

 

CHAPTER IV A

 

21-A.   Period within which the amount of deduction payable—The period within which the amount of deduction is to be paid to the Central Government under the proviso to sub-section (1) of section 8-A of the Act shall be six months of the determination of the principal sum for which the property was mortgaged.

 

21-B.   Determination of the value of the property to be surrendered—In determining the value of any portion of any property to be surrendered by the displaced person under clause (b) of the second proviso to sub-section (1) of Section 8-A of the Act, the Settlement Commissioner shall have due regard to the value already assigned to such property and the manner of its determination at the time of its allotment of the displaced person.

 

CHAPTER   V

Payment  of  Compensation  by  transfer  of  acquired  Evacuee  Properties

 

22.       Class of acquired evacuee property which may be allotted—The following classes of acquired evacuee property shall ordinarily be allotted, namely :

 

            (a)        any residential property in the occupation of a displaced person, the value of which does not exceed fifteen thousand rupees;

 

            (b)        any shop in the occupation of a displaced person, the value of which does not exceed fifteen thousand rupees;

 

            (c)        any industrial concern in the occupation of a displaced person, the value of which does not exceed fifty thousand rupees;

 

            Explanation—No property referred to in clause (a) or clause (b) shall be allottable, if it is in the occupation of two or more person, whether any or all of them be displaced persons or not.

 

23.       Class of a acquired evacuee property which may be sold—All acquired evacuee properties which are allottable under rule 22 shall ordinarily be sold.

 

24.       Valuation of acquired evacuee property which is an allotable property—(1) Where any acquired evacuee property which is an allottable property is to be transferred to any person in occupation thereof in satisfaction of the whole or a part of the compensation, payable to such person,  the Settlement Officer, shall first determine the value of the property having regard inter alia to all or any of the following matters :-

 

            (a)        the amount for which property was assessed for the purpose of municipal taxes during the year in which the date of acquisition falls;

 

(b)        the annual rental income of the property;

 

            (c)        sale of similar or contiguous property during the last three years;

 

            (d)        the present market value of the site and the present value of the evacuee building and in the case of an industrial concern the value of the machinery.

 

            (1)        For the purpose of determination of the value of any acquired evacuee property under sub-rule (1) depreciation may be allowed according to the age of the building, quality of construction and the standard or maintenance of property.

 

25.       Transfer of acquired evacuee property which is an allottable property to person in occupation thereof who holds a verified claim—(1) Where an applicant for payment of compensation is in sole occupation of an acquired evacuee property which is an allottable property, such property may be transferred to him in lieu of the compensation payable to him under the Act :-

 

Provided that the total amount of net compensation payable to the applicant is not less than half in the case of property other than as industrial concern and less than 1/4th in the case of an industrial concern or such other similar proportion as the Chief Settlement Commissioner may in either case determine, of the value of the property as determined under rule 24;

 

            Provided further that no industrial concern shall be transferred to the applicant unless he pays up the arrears, if any, of the lease money outstanding against him in respect of such concern.

 

(2)        Where the value of the property exceeds the net amount of compensation payable to the applicant, the applicant shall be required to pay the balance—

 

(a)                in one lump sum, or

 

(b)               in installments as the following :-

 

(i)                  in the case of property other than industrial concern—

 

            (a)        Where the value of the property, does not exceed in the case of a shop in a rural area or in a town other than those mentioned in Appendix ‘X’ two thousand rupees and in the case of any other property five thousand rupees in four equal annual installments.

 

(b)        where the value of the property exceeds the limits specified in clause (a) or where the property consists of a shop situated in the town specified in appendix X, in two equal installments.

 

            (ii)        in the case of an industrial concern installments spread over a period not exceeding two and a half years.

 

            Provided that in the case of an acquired evacuee property including an industrial concern, which is an allottable property, the applicant may at his option, pay the balance together with interest in seven equated installments.

 

            Provided further that if the value of an acquired evacuee property other than industrial concern is more than rupees ten thousand but does not exceed rupees fifteen thousand, the applicant shall be required to pay the balance together with interest at the rate specified in rule 28 in three equal annual installments.

 

            (3)        Where the amount of net compensation payable to the applicant exceeds the value of the property, the property may be transferred to the applicant and he may be paid the balance of the compensation in cash or in the form of property in accordance with the provisions of these rules.

 

            (4)        Where the value of the property is equal to the amount of net compensation, the property may be transferred to the applicant and in such a case the claim for compensation shall be deemed to have been fully satisfied,

 

26.       Transfer of acquired evacuee property which is an allottable property is in sole occupation of person who does not hold a verified claim—Where an acquired evacuee property which is an allottable property is in the sole occupation of a displaced person who does not hold a verified claim, the property may be transferred to him—

 

            (i)         in the case of an industrial concern if he pays at once not less than 25% of the value thereof and agrees to pay the balance in installments spread over a period not exceeding 2-1/2 years from the date of the initial payment :

 

(ii)        in the case of any other property—

 

            (a)        Where the value of property does not exceed in the case of a shop in a rural area or in a town other than those mentioned in Appendix X, two thousand rupees and in the case of any other property five thousand rupees, if he pays at once 20  per cent of the value thereof and agrees to pay the balance in four equal annual installments from the date of the initial payment;

 

            (b)        where the value of the property exceeds the limits specified in clause (a) or where the property consists of a shop situated in a town specified in Appendix X, if he pays at once not less than 33-1/3 per cent of the value of the property and agrees to pay the balance in two equal annual installments from the date of the initial payment :=

 

            Provided that in the case of acquired evacuee property including an industrial concern which is an allottable property, he may, at his option pay at once 20 per cent of the value of property in cash and agree to pay the balance with interest in seven equated annual installment:

 

            Provided further that in the case of an acquired evacuee property other than an industrial concern, the value of which is more than rupees ten thousand but does not exceed rupees fifteen thousand, the occupant shall be required to pay the balance together with interest at the rate specified in rule 28, in three equal annual installments.

 

27.       Number of installments—Where the balance of the value of property transferred under rule 25 or the rule 26 is payable in installments, the number of such installments and the amount of each installment shall be determined by the Regional Settlement Commissioner.

 

28        Interest on installments--Where the transferee of an acquired evacuee   property including an industrial concern chooses to pay the balance of the value of the property in installment as provided in sub-rule (2) of Rule 25 or in rule 26 as the case may be, interest shall be charged at the following rates, namely: -   

 

(a)                if the amount is paid within two years.......no interest.

(b)               if the amount is paid within three years.......1 per cent per annum.

(c)                if the amount is paid within four years.......2 per cent per annum.

(d)               if the amount with interest is payable in seven equated annual installments.......four and half per cent per annum.

 

29.       Refusal to accept transfer of property—Where any person, having a verified claim for urban or rural property, in sole occupation of any property, under the Compensation Pool, which is an allottable property refuses to accept the transfer of such property in satisfaction of his claim in accordance with the provisions of these rules, his claim for compensation shall be paid in the manner shown below :-

 

            (a)        If the compensation due to him covers the entire cost of property, or exceeds the value of the property, the property shall be transferred to him and his claim shall be deemed to have been satisfied to the extent of the value of the property in his occupation.

 

            (b)        If his net compensation does not cover the entire value of the property but is not less than 20 per cent thereof, he shall not be paid compensation in cash.  Such persons may be permitted to continue to occupy the property on such terms and conditions as the Settlement Commissioner may determine and the property may be allotted or sold to any other person.

 

            (c)        If the net compensation due to him is less than 20 per cent of the value of the property, he will be paid compensation by the issue of the Statement of Account or in cash, as the case may be.  Such person may be permitted to continue to occupy the property on such terms and conditions as the Settlement Commissioner may determine and the property may be allotted or sold to any other person.

 

Rules 30 and 31 obtained by notification No.G.R. 1317 R, dated August, 1963 published in Gazette of India Part II, Section 3(i) No. 386 dated August 10th, 1963.

 

33.       Deed of transfer to be executed—Where any property is transferred to any person under this chapter, a deed of transfer shall be executed in form specified in Appendix XXIV as the case may be with necessary modifications.

 

33-A.   Deed of transfer for immovable property transferred under Section 20-A (1) (a) of the Act—Where any immovable property in the compensation pool of any part thereof situated in an urban area is transferred to any person under clause (a) of sub-section (1) of Section 20-A of the Act, a deed of transfer in the form specified in Appendix XXXIV-A with such modifications as may be necessary in the circumstances of the case be executed.

 

33.B.   Deed of sale/lease for transfer of properties divided horizontly—Where any property is transferred to any person after being divided horizontally, a deed of sale/lease shall be executed in the forms specified in Appendix XXXI-A, XXXI-B, XXXI-C and XXXII.

 

34.       Deed of transfer—Where any property is transferred to any person under this chapter, the property shall be deemed to have been transferred to him :-

 

            (a)        where such person had made an application for the payment of compensation before 31st of October, 1953, from the first day of November, 1953;

 

            (b)        when such person was in occupation of such property in any town other than those mentioned in Appendix X from the first day of the month following the month in which a receipt in respect of an application for compensation made by him was issued to him;

 

(c)        where compensation applications are invited before a specified date from the first day of the month following such date;

 

            (d)        in any other case, from such date as the Central Government may, by general or special order, specify.

 

CHAPTER V-A

Allotment of evacuee agricultural land situated in urban areas

 

34-A.   Application—The provisions of this Chapter shall apply to evacuee agricultural lands situated in urban areas and acquired under Section 12 of the Act.

 

34-B.   Valuation—For the purpose of this Chapter, all lands to which the Chapter applies shall be valued by an officer appointed in this behalf by the Regional Statement Commissioner.

 

34-C.   Allotment of agricultural land of the value of Rs.10,000/- or less—Where any land to which this Chapter applies has been leased to a displaced persons and such lands consist of one or more khasra and is valued at Rs.10,000/- or less, the land shall be allotted to the lessee :

 

            Provided that where any such land or any part thereof has been leased to a displaced person and the sub-lessee has been in occupation of such land or part thereof continuously from the first January,  1956, such land or part thereof, as the case may be, shall be allotted to such sub-lessee.

 

34-D.   Allotment of agricultural lands consisting of more than one khasra, the value of which exceeds Rs.10,000/-. –(1) Where any land to which the Chapter applies has been leased to a displaced person and such land consists of more than one Khasra, the aggregate value of which exceeds Rs.10,000/- such portion of the land, the value of which does not exceed Rs.10,000/- as the Regional Settlement Commissioner may select, shall be allotted to such person :

 

            Provided that where any such land or any part thereof has been sub-leased to a displaced person and the sub-lessee has been in occupation of that or part thereof, continuously from the First January, 1956, such  land or part thereof, as the case may be, the value of which does not exceed Rs.10,000/- as the Regional Settlement Commissioner may select, shall be allotted to such sub-lessee.

 

            (2)        In selecting the area for allotment under sub-rule (1), the Regional Settlement Commissioner shall have regard to the compactness of the area and other relevant matters.

 

            (3)        For the purpose of allotment of land under this rule, no Khasra shall be sub-divided.

 

34-E.   Maximum area of land allottable under this Chapter—Notwithstanding anything contained in the foregoing provisions of these rules—

 

(a)        no Khasra the value of which exceeds Rs.10,000/- shall be allotted;

 

            (b)        the maximum area of land allotted to any one person shall not exceed Rs.10,000/- in value.

 

34-F.    Certain provisions of Chapter V to apply—Where any land to which the Chapter applies is allotted under rule 34-C or rule 34-D, the provisions of rules 25 to 29 (both inclusive) of Chapter V shall, so far as may, be apply.

 

34.G    Grant of Sanad for allotment of land—Where any land to which this Chapter applies to any person under rule 34-C or 34-D, the allottee shall be granted a Sanad in the forms specified in Appendix X-A or X-B as the case may be, with necessary modifications.

 

34.H    Manner of disposal of land not allotted—Any land to which this Chapter applies which is not allotted under this Chapter, shall be disposed of in the manner provided in Chapter XIV.

 

CHAPTER   VI

Payment  of  compensation  by  transfer  of  Government  built  property

 

35.       Classification of colonies where Government built property are situated--For the purposes of the Chapter the Central Government shall from time to time by order classify colonies in which Government built properties are situated as ‘A’, ‘B’ or ‘C’ Colonies.

 

36.       Classes of Government built properties which may be allotted—The following classes of Government built properties shall ordinarily be allotted, namely: -

 

            (a)        every Government built residential property valued at rupees fifteen thousand or less and occupied by a displaced person on a rental basis :

 

            Provided that the Central Government may in any particular case direct that any such property shall not be allottable :

 

            (b)        every Government built shop valued at rupees fifteen thousand or less.

 

            Explanation—No such property shall be allottable, if it is in the occupation of two or more persons, whether any or all of them be displaced person or not.

 

37.       Government built property which may be sold—Every Government built property which is not allottable under Rule 36 may, unless the Central Government otherwise directs, be sold.

 

38.       Manner of disposal of special properties—The Central Government may, notwithstanding anything contained in Rule 36 or 37, by general or special order, specify the manner in which a block of flats or a shop-cum-residence  or any other kind of property mentioned in the order may be disposed of.

 

39.       Disposal of Government Plots—A Government plot forming part of the compensation pool may be sold by public auction.

 

40.       Adjustment of compensation against purchase price of Government built property and plots—(1) A purchaser of a Government built property or a Government plot may adjust the net compensation payable to him against the purchase price of the property or the plot, as the case may be.

 

            (2)        Where the Government built property has been purchased on installment basis or hire-purchase basis , the arrears of installment, if any, shall be deducted from the gross compensation . After deduction of such installments and public dues and other dues , the present value of the remaining installments  including shall be set off against the present value of the remaining installments, including  interest the ownership of the superstructure and the site if it consists of free hold land ,shall be transferred to the purchaser. If the site was held by the purchaser under lease, it shall be deemed to him on such terms and conditions as may be determined by the Settlement Commissioner.

 

            (3)        Where the present value of the remaining installments of the purchase price including interest, exceeds the amount of the net compensation payable to purchaser, the number of installments and the amount of each installment may by agreement with the purchaser be revised.  As soon as the full price (including interest, if any), has been paid the ownership of the superstructure shall be transferred to the purchaser.  If the site on which the superstructure stands consists of freehold land the site shall also be transferred to the purchaser.  If the site is held on a lease, the purchaser shall hold the site on such terms and conditions as may be determined by the Settlement Commissioner.

 

            Explanation—In the case of the urban area of the towns of Delhi the terms and conditions of the lease shall be as in Appendix XI but the purchaser shall have the option to continue to hold the site on the terms and conditions originally agreed upon by him as in Appendix XII or XIII.

 

            (4)        Where the Government built property was purchased otherwise than on installment basis or hire-purchase basis and the entire price has not been paid, the balance of the purchase price shall be set off against the net compensation payable to the purchaser.

 

            (5)        When the purchaser of a Government built property on installment basis or otherwise does not agree to the compensation payable to him being adjusted against the balance of the purchase price due from him, he may continue to pay the purchase price upon the terms originally agreed upon, but in such a case the payment of compensation to him shall be postponed to such a date as the Central Government may, by general or special order, specify.

 

41.       Displaced person in occupation of Government built property—(1) A displaced person having a verified claim who is in occupation of a Government built property which is an allottable property shall be paid compensation by the transfer of the property to him: -

 

            Provided that where the value of the property exceeds in the case of a shop in a rural area or in a town other than those mentioned in Appendix X two thousand rupees and in the case of any other property five thousand rupees and such value is covered by the amount of net compensation payable to such person to the extent of 33-1/3 per cent of the value of the property:

 

            Provided further that where the provisions of preceding proviso do not apply and the value of the property is covered by the amount of net compensation payable to such persons to the extent specified below.

 

            (i)         in the case of property situated in ‘A’ class colony 33-1/3 per cent of the value of the property;

 

            (ii)        in the case of the property situated in ‘B’ class colony 25 per cent of the value of the property;

 

            (iii)       in the case of property situated in ‘C’ class colony 20 per cent of the value of the property;

 

            (2)        Where the net compensation payable to such displaced person is less than that specified in sub-rule (1) the deficiency may be made good in cash and thereafter the balance of the purchase price shall be payable—

 

            (i)         where the value of the property does not exceed in the case of a shop in any rural area or in any town other than those specified in Appendix X two thousand rupees and in the case of any other property five thousand in four equal installments ; and

 

(ii)        where the value of the property exceeds the limits specified in clause (ii) or where the property consist of a shop situated in the town specified in Appendix X in two equal annual installments;

 

            Provided that the displaced person may, at his option, pay the balance with interest at the rate specified in clause D of the rule 28, in seven equated annual installments:

 

            Provided further that if the value of the Government built property is more than rupees ten thousand but does not exceed rupees fifteen thousand, the displaced person shall be required to pay the balance together with interest at the rate specified in rule 28, in three equal installments;

 

            (2)        For the purpose of this rule, the value of a  Government built property which is an allottable property shall be determined by the Settlement Officer having regard to the market value of the site and the cost of superstructure.

 

            Explanation—In the case of a semi-permanent or temporary structure, depreciation may be allowed according to the age of building, the quality of construction and the standard of maintenance of the property.

 

41-A.   Without prejudice to the provisions of sub-rule (3) of rule 4, an allottable Government built property may, irrespective of the class of colony where it is situated, be transferred to a claimant, who is an authorised, allottee, in lieu of the net compensation payable to him provided that (a) if such net compensation is 20 per cent or more of the value of the property, the whole of such compensation shall be adjusted against this value, and (b) if such net compensation is less than 20 per cent of the value of the property, the difference between 20 per cent of such value and the net compensation due to him shall be paid by him in cash.  The balance left thereafter with interest at the rate specified in clause (d) of rule 28 shall be paid in seven equated annual installments:

 

            Provided that if the value of the Government built property is more than rupees ten thousand but does not exceed rupees fifteen thousand, the displaced person shall be required to pay the balance together with interest at the rate specified in rule 28, in three equal annual installments.

 

42.       Government residential property in occupation of non-claimant—Where a displaced person who does not hold a verified claim is in occupation of a Government built property which is an allottable property may be transferred to him if he makes the initial payment of:

 

(i)         33-1/3 per cent of value of the property.

 

(a)        where the property consist of a shop situated in a town specified in Appendix X; or

 

(b)        where the value of the property in the case of a shop situated in any rural area or in any town other than specified in Appendix X exceeds two thousand rupees and in any other case exceeds five thousand rupees.

 

            (ii)        where the value of the property does not exceed the limits specified in clause (b).

 

            (a)        33-1/3 per cent of the property if the property is situated in an ‘A’ class colony.

 

(b)        25 per cent of the value of the property is the property situated in a ‘B’ class colony.

 

(c)        20 per cent of the value of the property ifthe property is situated in a ‘C’ class and agrees to pay the balance of the purchase price;

 

            (1)        in case of falling under clause (i) above in two equal annual installments; and

 

            (2)        in case of falling under clause (ii) above in four equal annual installments;

 

            Provided that the displaced person may, at his option, make an initial payment of 20 percent of the value of the property in cash and agree to pay the balance of the purchase price of the property with interest at rate specified in clause (d) of rule 28, in seven equated annual installments.

 

            Provided further that if the value of the Government built property is more than rupees ten thousand but does not exceed rupees fifteen thousand, the displaced person shall be required to pay the balance together with interest at the rate specified in rule 28, in three equal annual installments.

 

43.       Certain Rules in Chapter V to apply to transfer under this Chapter—The provisions of Rules 25 to 34 shall so far as may be apply to the transfer of any government built property or government plot under this Chapter.

 

 

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