CHAPTER  VII

 

Payment  of  compensation  for  rural  houses and shops  left  in  West  Pakistan

 

44.       Allotment of acquired evacuee house in a rural area in lieu of compensation—Where a verified claim relates to a house or a shop left in rural area in West Pakistan, the claimant may be allotted in lieu of compensation payable to him for such house or shop acquired evacuee house of the appropriate grade according to the scale specified in sub rule (3) in any rural area in India :

 

            Provided that where a house of the appropriate grade is not available, the claimant may be allotted one or more houses of the lower grade.

 

            (2)        The value of the house or houses which may be allotted under sub-rule (1) shall subject to the availability of such house or houses approximately as nearly as possible to the amount of net compensation payable to the claimant in respect of the rural house or shop left in West Pakistan and allotment of such house or houses, the claim of the claimant for such compensation shall be deemed to have been fully satisfied.

 

            (3)        For the purposes of this rule the Settlement Commissioner shall classify acquired evacuee houses in  rural areas in India into the various grades specified in column 1 of the table below according to the value mentioned in the corresponding entry in column 2 thereof :

 

The  Table

Grades                                                 Value

(1)                                                                                                               (2)

 

A         ...         ...                     Rs.50,000 or above

B          ...         ...                     Rs.30,000 and above but below Rs.50,000

C         ...         ...                     Rs.20,000 and above but below Rs.30,000

D         ...         ...                     Rs.10,000 and above but below Rs.20,000

E          ...         ...                     Rs.5,000 and above but below Rs.10,000

F          ...         ...                     Rs.2,500 and above but below Rs.5,000

G         ...         ...                     Rs.1,000 and above but below Rs.2,500

H         ...         ...                     Below Rs.1,000 

 

            (4)        Nothing in this rule shall apply to any house which has been allotted in the State of Punjab or Patiala and East Punjab States Union under the quasi-permanent allotment scheme published in the notification referred to in Section 10 of the Act.

 

45.       Allotment of other property in occupation of claimant—Whether a displaced person having a verified claim in respect of house or a shop left in a rural area in West Pakistan is in occupation of—

 

            (a)        any acquired evacuee property which is an allottable property within the meaning of rule 22, or

 

            (b)        any Government built property which is an allottable property within  the meaning of rule 36;

 

            he  may be allotted such property against the net compensation payable to him in respect of the rural house or shop and the provisions of Chapters V and VI relating to allotment of an acquired evacuee property or a Government built property, as the case may be; shall apply, accordingly.

 

[Committed by Notification dated 21-9-59]

 

46.       Payment of compensation in case of mixed claims for Rural and Urban Property—(1) Where a person holds a verified claim in respect of an Urban Property and also in respect of a house or a shop in any rural area in West Pakistan, compensation shall, notwithstanding anything contained in rule 18, be calculated as follows :

 

            (a)        If such person is allotted any property of the nature referred to in rule 44, the compensation in respect of the verified claim for the rural house or shop left in West Pakistan shall be calculated separately from the urban property and set off against value of the property allotted to him.

 

(b)        If such person is allotted any property of the nature referred to in rule 45, the assessed value of the claim both for the urban property and the rural house or shop shall be taken together for the purpose of calculating the compensation payable to him and the compensation so payable shall  be adjusted against the value of the property allotted to him.

 

[Committed by Notification dated 21-9-59]

 

47.       Payment of compensation under this Chapter subject to Rule 65—Payment of compensation under this Chapter shall be subject to the provisions of Rule 65.

 

48.       Saving –Nothing in this Chapter shall be deemed to prevent any person having a verified claim in respect of house or a shop left in any rural area in West Pakistan from purchasing any acquired evacuee property in any of the towns specified in Appendix X or any Government built property any ‘ A’ or ‘ B’ class colony within the meaning of rule 35 in accordance with the provisions of Chapter V or VI, as the case may be :

 

  [Committed by Notification dated 21- 9- 59 ].

 

CAPTER  VIII

 

Compensation  in  respect  of  verified  claim  for  agricultural  lands  situated  in  rural  area

 

49.       Compensation normally to be paid in the form of land—Except as otherwise provided in this chapter, a displaced person having verified claim in respect of agricultural land, shall, as far as possible, be paid compensation by allotment of agricultural land.  Provided that where any such person wishes to have his claim satisfied against property other than agricultural land, he may purchase such property by bidding for it at an open auction or by tendering for it and in such a case the purchase price of the property shall be adjusted against the compensation due on this verified claim for agricultural land which shall be converted into cash at the rate specified in rules 56.

 

            Explanation—In this rule and in the other rules of this Chapter, the expression “agricultural land” shall mean the agricultural land situated in a rural area.

 

50        Fixation of value of land—The Settlement Commissioner shall fix the value of any agricultural land which is intended for allotment in terms of standard acres.

 

51.       Scale of compensation in the form of land—The scale for the allotment of land as compensation in respect of a verified claim for agricultural land shall be the same as in the quasi-permanent Land Allotment Scheme in the State of Punjab and Patiala and the East Punjab States Union as set out in Appendix XIV.

 

            Explanation—If any public dues are recoverable, the allotable area shall be reduced correspondingly.

 

52.       Manner of allotment of land—The Central Government may, from time to time, having regard to the availability of land, determine the maximum area of land which may be allotted in the first instance to a person having re-verified claim for agricultural land.  Such area shall be the area permissible under the scheme referred to in rule 51 or thirty standard acres whichever is less:

 

            Provided that the balance, if any, of the area permissible for allotment according to the scale referred to in Rule 51 shall be given later in installments  as and when more land becomes available for allotment.

 

53.       Part of compensation in cash in certain cases—(1) Where a displaced person having a verified claim in respect of agricultural land has settled in an area other than an urban area, he may be paid one-third of the compensation due to him in cash, subject to a maximum of Rs.1,000 :

 

            Provided that no such person holding a verified claim for more than thirty standard acres shall be paid any part of his compensation in cash.

 

            (2)        If any land requiring reclamation is allotted to any such person or a group of such persons, part of the aggregate compensation due to such person or group of persons may, at the discretion of the Settlement Commissioner, be given in cash so as to cover the whole or part of the estimated cost of the reclamation, and a corresponding reduction shall be made from the agricultural land allottable to such person or group of persons.

 

54.       Certain persons under disability may be paid compensation in cash—(1) The following classes of persons having a verified claim in respect of agricultural land may, at the discretion of the Settlement Commissioner, be paid compensation in cash subject to the limit prescribed in rule 17, if such compensation converted in terms of standard acres in eighteen standard acres or less.

 

(a)                widows,

(b)               minors.

(c)                persons who on account of age or infirmity are incapable of cultivating the land personally.

(d)               Blind and other disabled person.

 

(e)                Persons who have settled outside India.

 

            (2)        Where the compensation payable to any displaced person having verified claim in respect of agricultural land converted in terms of standard acres in two standard acres or less, such compensation may be paid in cash.

 

            (3)        A displaced person who is paid compensation in cash under this rule shall not be paid compensation separately in respect of his verified claim for any rural building if in respect of such building he is not entitled to receive such compensation under rule 65, but shall be given, at the discretion of the Settlement Commissioner, a house or a site (or if it considered inexpedient to give a site its commuted value) and building grant in accordance with the provisions contained in rule 57, subject to the condition that the total payment under this rule read with rule 57, shall not exceed eight thousand rupees.

 

55.       Compensation in respect of agricultural land to be set off against the price or the allottable property-Where a displaced person having a verified claim in respect of agricultural land is in occupation of an allottable property other than agricultural land or has purchased any Government built property in the compensation pool and the amount recoverable from him including the value of such property is in excess of the compensation payable to him in respect of his verified claim, if any, for any urban property or for any rural building, the Settlement Commissioner may set off the excess amount against the compensation payable to him in respect of his verified claim for agricultural land.  If after the amount has been so set off there is any balance of compensation payable to him, it shall be paid in accordance with the provisions of this Chapter.

 

56.       Conversion of standard acres into cash—For the purposes of payment of compensation under rules 51 and 53 to 55 each standard acre of land may be converted into cash: -

 

            (a)        where the compensation converted in terms of standard acres does not exceed fifty standard acres ,  at the rate of Rs.450/- per standard acres;

 

            (b)        where the compensation converted in terms of standard acres exceeds fifty standard acres,

 

(i)                  in respect of the first fifty standard acres at the rate of Rs.450/- per standard acre,

 

(ii)                in respect of the remaining standard acres, at the rate of Rs.350/- per standard acre.

 

57.       Allotment of house in addition to agricultural land-A displaced person having a verified claim in respect of agricultural land who has settled in a rural area and to whom agricultural land has been allotted, may be allotted a house in addition to such land in accordance with the following scale :-

 

(1)               Claimants allotted land upto ten standard acres.......Grade (H),

 

(2)               Claimants allotted land exceeding ten standard acres but not exceeding fifty standard acres............Grade (G),

 

            Provided that if such person holds a verified claim in respect of any rural building and that claim has been satisfied wholly or partially before the allotment of such land, the provisions of rule 65 shall not be applicable in his case but he shall not be entitled to the allotment of a house or a site and building grant in lieu thereof.

 

            Explanation 1—Where no house is available in the same village, an allottee may be granted: -

 

            (a)        if he has been allotted agricultural land not exceeding ten standard acres, a site measuring 400 square yards and a building grant of Rs.400/-; and

 

            (b)        if he has been allotted agricultural land exceeding ten standard acres but not exceeding 50 standard acres, a site measuring  600 square yard and a building grant of Rs.600.

 

            Explanation II—The reference to grades of houses in this rule is to the  grades of houses specified in  rule 44.

 

58.       Possession of allotted agricultural land—Where any person is allotted agricultural land under these rules, he shall, subject to the provision of any local or special law fixing the ceiling of, or otherwise regulating agricultural holdings, be granted vacant possession of such land.

 

59.       Composite agricultural land—Where any agricultural land available for allotment is composite property within the meaning of  the Evacuee Interest (Separation) Act of 1951 (XLIV of 1951) any undivided portion of the land may, with the consent of the Custodian and the other owner and the claimant, be allotted to the claimant.

 

60.       Acceptance of allotment of land—Where any person is offered allotment of agricultural land under these rules he shall communicate his acceptance of the allotment to the Settlement Commissioner within  such period being not less than one month as may be fixed by the Settlement Commissioner.  If no reply is received within the period fixed by the Settlement Commissioner, allotment shall be deemed to have been accepted.

 

61.       Consequences of refusal of acceptance of allotment—Where any person refuses to accept the allotment of any agricultural land offered to him the claim for compensation of the allottee shall be deemed to have been satisfied to the extent of the value of the allotted land and such land shall be available for allotment to any other claimant.

 

62.       Agricultural land allotted before commencement of these rules—Where any person has been allotted any agricultural land before the commencement of these rules in respect of his verified claim relating th agricultural land left in West Pakistan, the following provisions shall apply :

 

            (a)        If land allotted to such person is less than the area which should have been allotted to him under these rules, an additional area of land may, if available, be allotted to him to make up the deficiency.

 

(b)        If the land allotted to such person exceeds the area which should have been allotted to him under these rules and if the allottee wishes to retain the excess land, he shall be required to pay the value of the excess land in such installments as the Settlement Commissioner may determine:

 

            Provided that if such person holds a verified claim in respect of any other property, the net compensation in respect of such property may be adjusted against the value of the excess land.

 

            Explanation—For the purpose of this rule and the next succeeding rule, the value of land shall be determined at the rate mentioned in rule 56.

 

63.       Land allotted to non-claimants—Where any land has been allotted to a displaced person who does not hold any verified claim in respect of agricultural land, such land, may be transferred to such person if he

 

            (a)        makes an initial payment of 10 percent of land at the time of transfer of the land, and

 

            (b)        agrees to pay the balance of the value of the land in fifteen equal annual installments  :

 

            Provided that if such person holds a verified claim in respect of  any other property, the compensation payable in respect of such property may be adjusted against the value of such land :

 

            Provided further that if such person had filed any claim in respect of any rural building which was rejected as a result of the Notification of the Government of India in the Ministry of Rehabilitation No.3(25) Gen./50 dated the 13th September, 1950 (amending Notification No. 3(14) Gen./50/11 dated the 27th May, 1950) issued under the Displaced Persons (Claims) Act, 1950 (44 of 1950)  or under Rule 65; he may be permitted to adjust the price of such land and other public dues against the amount which would have been payable to him, if his claim had not been so rejected the amount so adjusted being treated as a rehabilitation grant paid under Section 11 of the Act.

 

            Provided further that where such person has had a multiple allotment, the Settlement Commissioner may cancel the allotment and may allot the land to some other person who holds a verified claim in respect of agricultural land.

 

64.       Punjabi and persons of Punjabi extraction who have been allotted land outside the State of Punjab and Patiala and East Punjab States Union—Any land owner whose claim was registered under the East Punjab Refugees (Registration of Claims) Act, 1948 (East Punjab Act VII of 1948) or under the Patiala Refugees (Registration of Local Claims) Ordinance 2004 BK (Ordinance No. X of 2004 BK) and who has been allotted land outside the State of Punjab or Patiala and East Punjab State Union shall be governed by the provisions hereinafter contained in this rule :

 

(a)        If such person had refused allotment of land made to him in the State of Punjab or the Patiala and East Punjab States Union, he shall be treated as a displaced person having no claim in respect of agricultural land accordingly the provisions of rules 62 and 63 shall apply to him.

 

            Provided that any person who surrendered any land allotment to him in the State of Punjab or Patiala and East Punjab States Union before the 31st December, 1955 may, on production of a certificate issued by the authorised officer of the Government of Punjab or Patiala and East Punjab States Union, as the case may be, evidencing such surrender be allowed to retain the land allotted to him in the district of Ganganagar in the State of Rajasthan on condition that if he is in possession of any area in excess of that which should have been allotted to him in the State of Punjab or Patiala and East Punjab States Union, he had either surrender such excess area or pay the price therefore at the rate mentioned in rule 56.

 

            (a)        If such person had been allotted land in the State of Punjab or Patiala and East Punjab States Union as well as in any other State, he shall be allowed to retain the land allotted to him in the State of Punjab or Patiala & East Punjab State Union and shall be required to surrender the land allotted to him in any other State.

 

(b)        If such person had not been offered allotment of any land in the State of Punjab or Patiala and East Punjab State Union, he may be allowed to retain the allotment of agricultural land other than a grove, in any other State, and any area in excess of that which should have been allotted to him in the State of Punjab or Patiala and East Punjab States Union, shall be surrendered by him, or any deficiency, as the case may be, shall be made good.

 

            (c)        If such person had been allowed land in the area which on and from 1st November, 1956 is comprised in the Union Territory of Himachal Pradesh or Delhi, after surrendering his claim for allotment of land in the territory which formed part of the State of Punjab or Patiala and East Punjab States Union as it existed on 31st October, 1956, he may be allowed to retain the land allotted to him in the said area on condition that if the extent of land in his possession in the said area is in excess of that which should have been allotted to him in the said part, he surrenders such extent in excess.

 

            Provided that any such person may be permitted to retain the excess area if he pays the price therefore at the rate mentioned in rule 56.

 

            Explanation—A displaced persons whose allotment of agricultural land outside the State of Punjab or Patiala and East Punjab State Union has been cancelled and who has not been allotted any land in any of those States, may, subject to the availability of land, be allotted agricultural land in either of those States.

 

65.       Separate compensation for rural building not to be paid in certain cases—(1) Any person to whom more than four acres of agricultural land have been allotted shall not be entitled to receive compensation separately in respect of his verified claim for rural building the assessed value of which is less than Rs.20,000/-.

 

(2)        Any person to whom four acres or less of agricultural land have been allotted, not be entitled to receive compensation separately in respect of his verified claim for any rural building the assessed value of which is less than Rs.10,000/-.

 

66.       Preference to residents of a State—(1) Agricultural land available for allotment in any State shall be allotted in the first instance to persons having verified claim in respect of agricultural land, who are domiciled in the State.

 

            Explanation- For the purpose of this rule, preference in their matter of allotment of land shall be given to persons having similar claims.

 

            (2)        If after compliance with sub-rule (1) there is any surplus area of land available for allotment, it may be allotted to any other claimant who may apply for it or to claimants in such other States as the Central Government may, from time to time, determine.

 

            (3)        If the land available for allotment in any State is less than the area required for allotment to the claimant in the State, they may be allotted landin such other State as the Central Government may determine.

 

67.       Disposal of agricultural lands not allotted—Any agricultural land which is not required for allotment may, at the discretion of the Settlement Commissioner, be disposed by sale or otherwise.

 

67-A.   Compensation to displaced persons from West Punjab etc. in respect of agricultural land—Notwithstanding anything contained in this Chapter a displaced persons from West Punjab or displaced person who was originally domiciled in the undivided Punjab but who before the partition of India had settled in North West Frontier Province Baluchistan, Bahawalpur or Sind, whose verified claim in respect of agricultural land has not been satisfied or has been satisfied only partially by the allotment of evacuee land under the relevant notification specified in Section 10 of the Act shall not be paid compensation in any form other than the transfer of acquired evacuee agricultural land and rural houses and sites in the State of Punjab or Patiala and East Punjab States Union in accordance with the scales specified in the quasi-permanent allotment scheme operating in those States.

 

            Provided that the displaced person applies for payment of compensation in such for not later than 31st day of December, 1963;

 

            Provided further that if any person has been allotted land in a State other than Punjab and his land claim has not been satisfied fully, he may for the remaining claim either be allotted land due to him in that case or issued a statement of Account which he may utilise for purchase of property forming part of the Compensation pool or for adjustment of public dues.

 

            Scope and Applicability- Rule 67-A applies only to cases where the allottees were definitely unsatisfied claimants and had not made any application for allotment of land.  It is not applicable to those cases where an application existed on record and that application had not been rejected.

 

68.       Grant of Sanad for transfer of agricultural land—Where any agricultural land is transferred to any person under these rules, the transferee shall be granted a Sanad in the form specified in Appendix XV with such modifications as may be necessary in the circumstances of any particular case or the transfer may be effected in any other manner in conformity with the provisions of any local or special law relating to transfer of agricultural land in force in the area where such agricultural land is situated.

 

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

 

69.       Saving—Nothing in this Chapter shall apply to agricultural land allotted in the States of Punjab and Patiala and East Punjab States Union under Section 10 of the Act.

CHAPTER  IX

 

Allotment  and  sale  of groves, and  gardens  outside  the  States  of  Punjab  and  Patiala  and  East  Punjab  States  Union

 

70.       Allotment and sale of groves and gardens—(1) The following classes of groves and gardens which are acquired evacuee properties may, unless the Central Government otherwise directs, be sold :-

 

(a)        grove and gardens situated in urban areas or within a distance not exceeding five miles from the limits of any urban area;

 

(b)        grove and gardens valued at Rs.1,000/- or more, and

 

            (c)        groves and gardens of the value of less than Rs.1,000 which are vacant or have been allotted to persons other than displaced persons.

 

            (2)        Any other groves and gardens which are acquired evacuee properties may, unless the Central Government otherwise directs, be allotted.

 

            (3)        Any grove or garden which has been allotted before the commencement of these rules to any displaced person may be transferred to such person provided he is willing to pay the value thereof as fixed by the Settlement Commissioner either in cash or by adjustment against the net compensation payable to him in respect of his verified claim for any immovable property.

 

            (4)        The value of a grove garden shall be determined by the Settlement Commissioner having regard to;

 

            (a)        the market price of the land including any house, well or other permanent structure existing on the land;

 

(b)        the average sale proceeds from the fruit; and

 

(c)        the timber value of the trees.

 

            (5)        If a grove or garden is to be allotted to a displaced person having a verified claim in respect of agricultural land, the net area to which he is entitled shall be calculated in standard areas as provided in rules 50 and 51 and the cash value of the net area to which he is entitled shall be determined at the rate mentioned in rule 56.

CHAPTER  X

 

Payment  of  compensation  under  Section  10  of  the  Act

 

71.       Declaration by the Allottee—(1) Every person to whom any immovable property has been allotted by the Custodian under any notification specified in Section 10 of the Act (hereinafter referred to as the allottee) shall file in person  or through an authorised agent a declaration in the form specified in Appendix XIV at any time in the office of the Settlement Officer or before the authorised officer in the village concerned on the date and place notified under sub-rule (4).

 

(2)        If the allottee has a verified claim in respect of property other than agricultural land and has separately filed a compensation application in respect of such claim, the declaration under sub-rule (1) shall state the registration number of such application and be accompanied by a true copy of the assessment order in respect of such verified claim.

 

            (3)        If the allottee has any such verified claim but has not separately filed a compensation application in respect of such claim, the declaration under sub-rule (1) shall be accompanied with the provisions of these rules.

 

            (4)        The date and place for filing a declaration under sub-rule (1) shall be notified by publication of a notice in the village concerned.

 

            (5)        If the allottee fails to file a declaration under sub-rule (1) on the date specified under sub-rule (4) or on such other date as may be fixed, the settlement Officer or the authorised officer, may at his discretion proceed with the enquiry referred to in the succeeding rules of this Chapter and issue the Sanad as provided therein.

 

72.       Enquiry where the Allottee has no verified claim—(1) Where the allottee has no verified claim in respect of property other than agricultural land the Settlement Officer shall, on receipt of a declaration under Rule 71, verify the particulars specified therein in the presence of allottee or his authorised agent, and determine the public dues outstanding against such allottee.

 

            (2)        If the Settlement Officer is satisfied that the allotment is in accordance with the quasi-permanent allotment scheme, he may pass an order transferring the property allotted to the allottee in permanent ownership as compensation and shall also issue to him a Sanad in the form specified in Appendix XVII or XVIII as the case may be with such modification as may be necessary in circumstances of any particular case granting him such rights;

 

Provided that before posting any order under this sub-rule, the allottee shall be required to pay the entire amount of public dues outstanding against him which have fallen due and which have not been paid and if he fails to pay the said amount, the Settlement Commissioner may pass an order that the land to be allotted to the allottee be reduced in proportion to the amount due from the allottee.

 

Provided further than the amount of public dues outstanding against allottee which have not fallen due shall be a first charge on the land transferred to him and shall be payable by him in accordance with the terms of the bonds and agreement executed by him for the repayment of such dues or in the absence of such bonds of agreements in four equal annual installments, failing which the amount shall be recoverable as arrears of land revenue.  Such charge shall also be enforceable against the successor-in-interest of the original transferee or the person to whom the land has been subsequently transferred, as the case may be and the person concerned shall be deemed to have acquired the land subject to such charge.

 

Explanation—For the purpose of reducing the area to be the value of the standard acre shall be computed in accordance with the provisions of rule 56.

 

(3)        If the Settlement Officer finds from the inquiry referred to in sub-rule (1) that allottee has secured on allotment in excess of that due to him or that he was not entitled to any allotment or that the allotment was obtained by means of fraud.  false representation or concealment of material facts, he shall after due enquiry and after giving the allottee a reasonable opportunity of meeting the objections records his finding as to the correctness or otherwise the allotment.

 

            (4)        A copy of the findings under sub-rule (3) shall be supplied free of cost to the allottee and the case along with the relevant record of evidence and documents shall then be sent with the recommendations of the Settlement Officer to the Settlement Commissioner who may pass such orders thereon as he may deem fit.

 

            (5)        The Sanads required to be issued by the Settlement Officer under this Rule but actually issued by the Managing Officers before the 28th February, 1958 shall be deemed to be as valid, as if they were issued by Settlement Officer.

 

73.       Enquiry in cases where allottee has a verified claim-(1) Where the allottee has a verified claim in respect of property other than agricultural land, the Settlement Officer shall, on receipt of a declaration under Rule 71, make an enquiry in the manner specified in Rule 72, verify the particulars specified in the declaration in the presence of the allottee or his authorised agent, determine the public dues outstanding against such allottee and shall thereafter send a copy of the declaration and other relevant papers to the Settlement Commissioner together with:

 

(i)         a report on the public dues payable by the allottee :

            (ii)        recommendation whether having regard to all circumstances of the case, the allotment may be made permanent, cancelled or varied :

 

Provided that if it appears to the Settlement Officer that the public dues owing from the allottee do not exceed two-thirds of the compensation payable to him respect of property other than agricultural land, he shall pass an order transferring the property allotted to the allottee in permanent ownership as compensation and shall issue to him a Sanad in form specified in Appendix XVII or XVIII as the case may be with such modification, as may be necessary in the circumstances of any particular case granting him such rights.

 

(2)        The compensation application shall be disposed of by the Settlement Commissioner according to the procedure prescribed in Chapters II, III and IV of these rules.

 

(3)        The Settlement Commissioner may, after considering the recommendation of the Settlement Officer, direct the Settlement Officer—

 

(i)         to transfer to the allottee, the property allotted to him in permanent ownership and issue a Sanad to him in the form specified in Appendix XVII or XVIII as the case may be with such modification as may be necessary in the circumstances of any particular case granting permanent ownership rights;

 

Provided that before passing any order under this clause, the allottee shall be required to pay the entire amount of the public dues outstanding against him which have fallen due and which have not been paid and if he fails to pay the said amount, the Settlement Commissioner may pass an order that the land to be allotted to the allottee be reduced in proportion to the amount due from the allottee;

 

Provided further that if the amount of public dues outstanding against the allottee and which have not fallen due are in excess of the compensation due in respect of the verified claim the excess amount shall be intimated by the Settlement Commissioner to the Settlement Officer Collector or other appropriate authority who will enter the amount in the Sanad and other relevant records as a first charge on the land transferred to the allottee in accordance with the terms of the bonds and executed by him for the repayment of such dues or in the absence of such bonds or agreements, in four equal annual installments  failing which the amount shall be recoverable as arrears of land revenue. Such charge shall also be enforceable against the successor-in-interest of the original transferee of the person to whom the land has been subsequently transferred as the case may be and the person concerned shall be deemed to have acquired the land subject to such charge.

 

Explanation—(i) For the purpose of reducing the area to be allotted, the value of the standard acre shall be computed in accordance with the provisions of rule 56.

 

(ii)        to transfer of the allottee in permanent ownership less area than originally allotted to him unless the allottee is prepared to pay for the excess area either in cash or by adjustment against the compensation payable to him in respect of verified claim for any urban property or rural building; or

 

(iii)       to cancel the allotment.

 

      (3)        A copy of every order under sub-rule (3) shall be supplied free of cost to the allottee.

 

            (4)        The Sanads required to be issued by Settlement Officers under this rule but actually issued by the Managing Officer before the 29th February, 1958 shall be deemed to be as valid as if they were issued by Settlement Officers.

 

74.       Allotments which are the subject matter of dispute—No property in a rural area in respect of which any case if pending in a Civil Court or before a Deputy Custodian or Custodian General shall be transferred to the allottee.

 

75.       Special provisions in regard to transfer relating to garden colonies—Transfer of permanent ownership right in the case of plot in garden colonies shall be made only if the allottee has actually planted fruit trees in not les than 1/15 of the garden area of the plot allotted to him:

 

Provided that irrigation facilities were available.

 

76.       Procedure in the case of deceased allottees—(1) Where the allottee is dead the ownership rights shall be conferred on his heirs according to their shares as determined by the competent authority and recorded in the mutation register.  The charge, if any, on the property shall likewise be apportioned on the basis of such shares.

 

(2)        The Settlement Officer may refer any dispute as to who are the successor-in-interest of a deceased allottee to the Settlement Commissioner *[--] for a decision in the manner provided in Rule 86.

 

*The words “or settlement officer as the case may be” omitted on 15-1-1957.

 

CHAPTER  X-A

 

Adjustment  by  association  of  claims  and  making   of  transfer  deeds

 

76-A.   Adjustment of payment of price of properties or of public dues by association of claims—Notwithstanding anything contained in these rules the Central Government may, by general or special order made in this behalf allow, subject to such terms and conditions as may be specified in such order.

 

(i)         payment of price of properties forming part of the compensation pool or any part of such price; or

 

            (ii)        payment of any public dues, by adjustment against the net compensation payable in respect of the verified claim of any displaced person.

 

76-B.   Deed of transfer to be made out—Where any person in occupation of a property forming part of the compensation pool has associated with himself any other displaced person having a verified claim whose net compensation is to be adjusted against the purchase price in pursuance of rule 76-A, the transfer shall be made out jointly in the name of all such persons specifying the extent of interest of each in the property :

 

            Provided that where every such displaced person who has so associated himself sends an intimation in writing to the Settlement Commissioner that the deed of transfer may be made out in the name of person in occupation , or the deed of transfer may be made in the name of such persons.  

                                               

CHAPTER XI

 

            Payment  of  compensation  of  minors, Persons  of  unsound  mind  and  other  Person  suffering  from  physical  or  mental  disability

 

77.       Minors—(1)   Where compensation is payable to minor, the compensation shall be paid in accordance with the provisions of this rule.

 

            Where the property of the minor vests in a Court of Wards under any law for the time being in force reliant to Court of Wards or in a guardian appointed under Guardians and Wards Act, 1890 (VIII of 1890), the compensation shall be paid to the Court of Wards or to such guardian, as the case may be.

 

            Where the property of minor does not vest in a Court of Wards or in a guardian referred to in sub-rule (2)—

 

            (a)        if the compensation relates to the separated property of the minor left in West Pakistan, the compensation shall be paid to the natural guardian of the minor;

 

            (b)        if the compensation relates to the share of a minor in joint Hindu family property left in West Pakistan, the compensation shall be paid to the Karta of the joint Hindu Family :

 

            Provided that before compensation is paid to the natural guardian of the minor or the Karta of the joint family he shall execute a security bond in the form specified in Appendix XIX;

 

            (c)        in any other case to the Collector of the district within whose jurisdiction the minor resides and the Collector shall hold the amount of the benefit of the compensation on behalf of and for the minor until the minor attains majority.

 

            Explanation—For the purpose of this rule, a natural guardian shall be deemed to be—

 

            (a)        in the case of male child or an unmarried girl, the father and after him the mother;

 

(b)        in the case of married girl, the husband.

 

78.       Other persons suffering from physical or mental disability—Where compensation is payable to a person who is deaf and dumb or is suffering from any physical or mental disability which renders him unfit to manage his property, the compensation shall be paid—

 

            (a)        if the property of such person vests in a Court of Wards under any law for the time being in force relating to Court of Wards or in a guardian appointed under the Guardians and Wards Act, 1890 (VII of 1890), to the Court of Wards or such guardian, as the case may be :

 

            (b)        in any other case, to the Collector of the district within whose jurisdiction such deaf and dump person or person suffering from physical or mental disability, as the case may be, resides or to such other person as the Regional Settlement Commissioner may, having regard to the interest of the person or whom compensation is intended, deem fit, on such other person executing a security bond in a form prescribed in Appendix XX & the Collector or such other person shall hold the amount of the compensation on behalf of and for  benefit of the person suffering from disability until such disability ceases to exist.

 

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