INSTRUCTIONS
FOR DISPOSAL OF EVACUEE / INFERIOR EVACUEE / PROVINCIAL GOVERNMENT LANDS
21/4/1961
Department of
Rehabilitation
To
1.
All
the Deputy Commissioners in the State.
2.
The
land Claims Officer, Jullundur.
No. RI(126)12894-912 Reh(R), dated Jullundur,
the 21st April, 1961.
--
Subject: Allotment of superior grade land
to the inferior grade claimants.
Memorandum
1. It
has come to notice that in Punjab and in the districts of erstwhile Pepsu, allotments
of rural evacuee agricultural lands had been irrespective of the grade, thereby
accommodating inferior grade claimants in substantially superior grade
villages. A question has arisen whether such erroneous allotments made in
disregard of the Scheme of Grading should be reviewed at this stage or not.
2. It is presumed that some allottees might have
made appreciable improvements in such lands and, keeping in view their long
possession and consequent hardship likely to be caused to them if their allotments
are disturbed, it has been decided by the Government that all rural allotments
made in the past in disregard of the Scheme of Grading should not be opened at
this late stage. However, cases in which the allotments of inferior grade
claimants in superior grade villages have been contested or have come to the
notice of the department and action on them is pending, will not come under the
category. Such allotments shall be regularized by changing additional premium
from the allottees in the manner indicated below, if they are desirous to keep
such allotments, otherwise their allotments should be cancelled and they may be
given alternative allotments in their appropriate grades.
3. It has also been decided that in future, if any
inferior grade claimant is keen to get allotment in 'A' grade village, he
should be accommodated after charging him the following premium and provided
there is no better grade claimant for that particular area:
(i) II grade claimant ..20
per cent
(ii)
III grade claimant
..30 per cent
(iii) IV grade claimant ..50 per cent
4. According to the principles enumerated in the
Land Resettlement Manual, a III (third) grade claimant can be fitted in all
(2nd) grade village and, similarly, a IV (forth) grade claimant can be
accommodated in a Ill (third) grade village, if there is no better claimant for
such areas, without imposition of any additional premium. This rule should be
followed even now.
5. In case a IV grade claimant wants land in a 2nd
grade village and there is no better grade claimant for that land allotment may
be made to him on imposition of 40 per cent premium. Similarly, when an
inferior grade claimant asks for allotment in a suburban village having no
additional premium, he shall have to pay the necessary premium according to the
above scale in order to bring his claim at par with a first grade claimant and
no further premium should be charged from him
Six spare copies of this letter are
sent herewith for communication to the Tehsildars in your district/staff
working under you.
RSPHOOLKA
Rehabilitation Department.
29/8/1961
Shri OG Adya
Under Secretary to Government Punjab
Revenue Department.
To
All the Deputy Commissioner in Punjab State
(Except
Simla)
Memo No. 841-JN(IV)-61/3699 Chandigarh dated 29
August 1961.
Subject: Disposal of inferior land
purchased by the Punjab Government from the Central Ministry of Rehabilitation.
Reference: Correspondence
resting with Punjab Government No. 5423-JN(IV)6147-64, dated 16th
June 1961.
The Governor of Punjab is pleased to make
following orders in this connection.
(1) Land within 10 miles of border Rai Sikhs: The inferior
evacuee land of villages within 10 miles of the Indo Pakistan Border will be
utilized for the purposes of allotment to those who have to be given land under
the “Indo-Pakistan Border Agreement”. If any land remains after the
resettlement of the Indian Oustees, it may be utilized by resettling the Rai
Sikhs of Ferozepur District and suitable persons of border areas Gurdaspur,
Ferozepur and Amritsar districts and ex-servicemen.
(2) A colony for ex-servicemen may be established if land about
1000 acres at two places is found.
(3) A colony for graduates in Agriculture on a Cooperative basis
may be established in Karnal District where about 500 acre of land is
available.
(4) Lease to SC/BC/Landless/Ex-servicemen: 50 %
of the remaining land will be allotted to Harijans of the villages and
the rest to other less persons and the members of the Backward Classes and
Indian Christians of the villages and ex-servicemen on the following terms :
If there are more claimants
than the land available the names of the claimants be drawn by lottery in the
presence of an advisory Committee to be framed by the Deputy Commissioner and
selection will be made accordingly :
(a)
The
land will be leased by the Deputy Commissioner at the rate of 12.5 acres per
family for 10 years in the first instance.
(b)
The
lessee will not be required to pay any lease money, land revenue for other
cases in the first five years, but the lease money for the Banjar Land will,
however, be recovered at the rate of rupees one per acre per year. If canal
irrigation has been extended than Abiana will be leviable. After the expiry of
that period, the lessee will be course, be required to pay the land revenue and
other cases.
(c)
After
the period of five years the lessee shall have the option to purchase the land
at the rate of Rs. 40/- per acre of Banjar and Rs. 25/- per acre of Ghairmumkin
land. The lease money recovered from him shall be deducted from the sale price
and the net amount due shall be payable either in lump sum or in four equal
annual instalments.
(d)
If
the lessee does not want to purchase the land he shall deliver vacant
possession of the land leased to him and will not be entitled to any
compensation for the improvements made thereon.
(e)
The
lessee shall bring under cultivation or proper use 1/4th of the land
in the first three years of the lease and the remaining 3/4th of the
land in the next two years.
(f)
The
cultivated area or the area put to proper use shall not be reduced to less than
one half in any case after the fifth year.
(g)
Any
breach of conditions for the reasons beyond the control of the lessee can be
condoned by the authority prescribed by the Government in this behalf.
(h)
In
case a lessee dies during the period of the lease, his successors will be given
the land on the same conditions.
(i)
For
any particular area, any special condition or set of conditions can be
prescribed by Government.
(j)
In
case of dispute between lessee and the Collector, regarding any condition of
the lease or the rights of the government, the dispute shall be referred to the
Commissioner of the Division for decision. An appeal against the order of the
Commissioner by the allottee shall lie to the State Government, whose decision
shall be final.
(For Deputy Commissioner,
Karnal)
He will please send his proposal for establishment of an ex-servicemen
colony and colony for graduates in Agriculture with an area of 1000 acres at
two places and 500 acres respectively.
Sd/-
OG Adya Under Secretary, Revenue – II
26/12/1961
Department of Rehabilitation
To
The Land Claims Officer,
Displaced Persons Land Records,
Organization, Jullundur.
No RI(131)40088-912 Reh(R), dated
Jullundur, the 26th Dec.
1961.
Sub: Allotment
of rural land to urban claimants.
Memorandum
Reference
this Department Memorandum No. RI/40773 dated the 27th September,
1960 and No. 162(2)RII/26631 dated the 17th August, 1961 on the
subject cited above.
(2) Some
displaced persons who owned urban agricultural land in West Pakistan and were
erroneously allotted rural lands in Punjab, in lieu thereof have approached the
Govt. of India to condone the delay in filling the Rehabilitation Grant
Application in respect of the urban land were such erronsly allotments were
cancelled by us. The Govt. of India have therefore reconsidered the position
and it has been decided that in pending cases the rural allotment already made
in lieu of the urban land should not be cancelled but regularized. If the
claimant has not filed compensation application or Rehabilitation Grant
Application in respect of the urban land the price of the rural land may be
recovered from him in cash provided he volunteers to make payment as such.
Where the allottee insists that the price of the rural land should be adjusted
against the compensation due to him on his verified claim or Rehabilitation
Grant Application, such adjustment should be allowed.
(3) Cases
which have already been decided by the MO’s shall not be referred. The persons
affected, who have not already got claims or Rehabilitation Grant Application
verified for the urban agricultural land left in Pakistan, will be entitled to
file Rehabilitation Grant Application now, to the Chief Settlement
Commissioner, Govt. of India.
(4) These
instructions may please be brought to the notice all concerned and should be
strictly followed.
Sd/-
Deputy Secretary to Govt. Punjab,
Rehabilitation
Department
11/5/1962
From
CD Malik PCS
Under Secretary to Government, Punjab
Revenue
Department
To
The Deputy Commissioner
Ferozepur/ Amritsar/Gurdaspur
Memo No,3355-JN (IV)-62/2330
Chandigarh dated 11th May, 1962
Sub:- Disposal of evacuee agricultural lands situated within five
miles of Indo-Pak Border Punjab Government Endst, No,2984-JN(N)-61/2666
dated 6th April 1961
1. Government
have decided to dispose of the evacuee agricultural lands situated within 5
miles of Indo-Pak Border which were purchased by them in April, 1961 in the
manner prescribed below. The details of this land have already been supplied to
you with the endorsement referred to above.
2. Maximum
land that can be leased out : The land should be leased out at the rate of
10 acres of Banjar land per family of Rai Sikhs and Ex-Servicemen in Ferozepur,
Amritsar and Gurdaspur Districts. -who are landless but actual tillers of the
soil. Small landowners owing less than 10 acres should be allotted so much area
as to make their holding up to 10 acres. The claims of the sitting tenants
(authorized or unauthorized) before Rabi 1964 who have made the land cultivable
with their efforts, should also be considered and they should be given
preference if found eligible for allotment of the land. The lands consist of
cultivable, banjar and ghairmumkin lands. Accordingly it has been decided that
2 acres of ghairmumkin land should be treated equal to one acre of Banjar land,
and two acres of banjar land, equal to one acre of cultivable land for the
purpose of lease.
3. Committee for leasing out lands :
The land should be leased out by a Committee consisting of the following:
(i) Deputy Commissioner of the District Chairman
(ii) Local Mahal Tehsildar Member
(iii) Representative of the Police Department Member
(iv)
Representative of Govt. of India, Ministry of
Defence Member
The antecedents of the persons to
whom the land is proposed to be leased out will be verified by the Police
Department.
4. Option
to purchase the land : The land should be leased out for 10 years in the
first instance. After a period of 5 years, however, the lessee shall have the
option to purchase the land at the following rates :
Rs.l00/-per acre for
irrigated/cultivated land :
Rs. 75/-per acre for
un-irrigated cultivable lands ;
Rs.40/-per acre for
banjar land, and ;
Rs.25/-per acre for
Ghair-Mumkin land.
The lease money recovered from them
shall be deducted from the sale price
and the net amount shall be payable in lump sum or in five annual instalments .
5. Amount
to be paid by the lessee: (a) The lessee will not be required to pay any lease
money or land revenue or other cesses
in the first 5 years in respect
of-the Ghairmumkin lands. However, lease money at the rate of Rs. 1/-per acre
in respect of banjar land will he charged.
If canal irrigation has been extended Abiana will be leviable, after the
expiry of five year the lessees will be required to pay land revenue and other
cesses.
(b) The
lessees in respect of the un-irrigated culturable lands will be required to pay
land revenue & other cesses, while in respect of irrigated cultivable
lands, will be required to pay Rs. 1/-per acre lease money plus land revenue
and other cesses.
6. Delivery
of Possession: If a lessee does not
want to purchase the land, he shall deliver vacant possession of the land
leased to him and will not be entitled to any compensation for the improvements
made thereon.
7. Land
to be brought under cultivation : The
lessee shall bring under cultivation or proper use 1/4th of the land in the
first 3 years of the lease, and the remaining 3/4th in the next 2 years.
8. The
cultivated area or the area put to proper use can be reduced to less than 1/2 in any case after the 5th year .
9. Condonation
of breach of conditions : Any breach of the conditions at Nos (6) and (7)
for reasons beyond the control of the lessees can be condoned by the authority
prescribed by the Govt. in this behalf
10. Death
of Lessee : In case a lessees dies during the period of the lease his
successor/s will be given the land on the same term and conditions.
11. For any particular area, any special
condition or set of conditions can be prescribed by the Government.
12. Appeal
: In case of a dispute between the lessees and the Collector regarding any
condition of the lease or the right of the Government, the dispute shall be
referred to the Commissioner of the Division for decision. An appeal against
the order of the Commissioner by the allottee shall lie to the State Government
whose decision shall be final.
Action in the matter may please be
taken immediately formalities in this connection should be completed
expeditiously as to enable you to put the lessee in possession before the 15th
June, 1962.
Sd/
GD Malik
Under Secretary, Revenue(II)