10/7/1979
Sardar Bhagat Singh
Under Secretary to Government Punjab
Revenue Department
To
All the Deputy Commissioners
In Punjab State.
Memo No. 3.7.1978 LR (I)14529, Chandigarh dated 10 July 1979.
Sub: Disposal of inferior
evacuee land-Policy regarding.
The Governor of Punjab is pleased to make the following orders
with regard to the disposal of inferior evacuee land :
(i)
The
lessees of inferior evacuee land who had obtained lease of the land under
policy laid down during 1961 and who have hitherto not purchased the same be
given other opportunity for purchasing the land in accordance with the term and
conditions laid in the aforesaid policy within 30 days of fresh notices to be
issued by the Collectors concerned.
(ii)
The
unauthorized occupants of inferior evacuee land which was not leased out to
them under the policy laid down during 1961, may be transferred the same
subject to the limit of ten ordinary acres, inclusive of their own holdings, if
any, provided their cultivating possession is continuous from Rabi 1976 and
provided they are heads of their families.
(iii)
The
price of land may be charged from the these occupants @ Rs. 40/- and Rs. 25/-
per acre for Banjar and Ghairmumkin lands respectively in case these land are
not commanded by any source of irrigation provided by the Government. If these
lands are irrigated by a source provided by the Government then the price of
the irrigated land may be charged at the rate of Rs. 1000/- per acre. The price
of the land will be recovered from unauthorized occupants in lump sum or in
four equated annual instalments with
interest at 7 % per annum; the first installment equivalent to 20 of the price
payable at the time of transfer.
(iv)
In
addition to the price of the land, the unauthorized occupants may be liable to
pay damages on the following rates for use and occupation of the land from the
date of occupation till the date of transfer in lump sum or in instalments not exceeding the number of instalments in which the price of the land is
recoverable as may be fixed by the Collectors concerned, keeping in view the
merits of each case :
(a) For
Scheduled Castes 8 times the
land revenue.
&
Rai Sikh Occupants.
(b) For other
occupants. 8 times the
land revenue upto July 1971 and thereafter at
20 times the land
revenue
or
Rs. 40/- per acre per
harvest
whichever is higher.
(v)
The
area not transferred to the unauthorized occupants on the above terms and
conditions, or not purchased by lessees may be disposed of by auction
restricted to landless members of the Scheduled Castes, who are depending upon
agriculture or are sanjhis, sepis and agricultural labourers and have no other
source of livelihood, upto the limits of 10 ordinary acres.
(vi)
Banjar
and Ghairmumkin lands reported to be unfit for lease will be surveyed by a team
of officer up by the Rehabilitation Department for the survey of similar types
of surplus rural evacuee agricultural land so as to find out whether any part
thereof can be reclaimed. The land which can be reclaimed may be disposed of by
auctions restricted to the landless members of the scheduled castes, who are
depending upon agriculture or sanjhis, Sepis or agriculture labourers and have
no other source of livelihood upto the limit of 10 ordinary acres per family.
The land which is reported to be unfit for agriculture but can be utilized for
aforestation, will be transferred to the Forest Department at a token price of
Rs. 5/- per ordinary acre. The lands which are found to be neither fit for
agriculture nor for aforestation will be transferred to the village Panchayats
concerned, free of cost.
(For Deputy Commissioners
Ludhiana and Sangrur only)
The erroneous sale of 1248
acres and 9 acres of inferior evacuee land in Ludhiana and Sangrur districts
respectively by the Tehsildars of the Rehabilitation Department is also hereby
regularized. The Rehabilitation Department is being asked to remit the sale
proceeds thereof to the Revenue Department immediately. Necessary action in the
matter may please be taken accordingly immediately.
The receipt of this communication may be acknowledged.
Under
Secretary Revenue
No.
3/7/78-LR(4)14530 Chandigarh
dated 10 July 1979
A copy is forwarded to the Deputy Secretary to Government Punjab,
Rehabilitation Department for information and necessary action.
2. Proceeds of 1248 acres and 9 acres of
inferior evacuee land in Ludhiana and Sangrur districts respectively may please
be remitted to the Revenue Department immediately.
3. Early step may please be taken to constitute
the team of officers for under taking the survey of Banjar and Ghairmumkin
lands out of the inferior evacuee land as mentioned in para 1 (vi) above.
Under
Secretary Revenue
30/8/1979
To
All the Tehsildars ( Sales )
in the
State
No. RD
(770)/Part-IV/U-I/16648-551, dated, Jullundur, the 30th August, 1979.
Subject: Policy with regard to the disposal of urban
evacuee/package deal land/properties taken by the State Government from the
Government of India on the basis of Possession since 1/1/1977.
Memorandum :
The revised policy with regard to the disposal of urban evacuee and
package-deal property/agricultural land taken over from the Central Government
was approved by the Council of Ministers on June 27, 1979. The policy decisions
were explained to you, in detail, in the meeting held on July 2, 1979. You were
also given a copy each of the Memorandum submitted to CMM, containing the
proposals of the Department and comparative statement explaining the old and
the new policies. Now, for the implementation of the revised policy, Punjab
Package Deal Properties (Disposal) Rules of 1976 have been suitably amended. A copy thereof is enclosed,
Similarly, an Administrative order has been issued under the authority of DS
(Reh)-cum-CSC for application to the
properties covered by the Administrative & Financial Arrangements of 1970.
A copy of the same is also enclosed. The Memorandum submitted to the Council of
Ministers and the comparative statement showing the old and the new policies
provide the basis for the revised policy, but for the implementation thereof,
reliance has to be put on the Punjab Package Deal Properties (Disposal) (Third
Amendment) Rules of 1979, and the Administrative order. In case there is any
disparity of details between the comparative statement showing the old and new
policies and the aforesaid Rules/ Administrative directions, the latter should
be deemed to be authentic.
2. The
revised policy makes a departure from the old policy--in that the barring
'clause of premises by an occupant, for the transfer of evacuee package deal
property occupied by him has been removed, Similarly, the definition of
'Construction' has been revised so as to mean "not a brick and plaster
construction" only, but the construction which should be in relation to
the resources, class, status and financial ca ability of an occupant and the
nature of trade being pursued by him It is possible that a large number of
applications of occupants may have been rejected because of the aforesaid
barring clause and the interpretation of 'construction' as brick and plaster
construction only, The Government has decided that these rejected applications
should be restored for reprocessing under the revised policy and the rules
framed for its implementation. You should, therefore, make suo-moto references
in all such cases to the authorities competent to entertain these references
under the provisions of the Punjab Package Deal Properties (Disposal) Act of
1976, and the Displaced Persons (Compensation & Rehabilitation) Act of
1954, recommending the setting aside of the derogatory orders passed against
such occupants, It is needless to point out that under the Displaced Persons (C
& R) Act of 1954, a suomoto reference against the order of the Tehsildar
(sales) cum-MO or Naib Tehsildar (Sales-cum-MO or the Authorized
Settlement Commissioner lies to the Chief Settlement Commissioner, under
Section 24 of the Act ibid, and against the order of the Chief Settlement
Commissioner- to the learned Financial Commissioner under Section 33 of the,
aforesaid Act. Under the Punjab Package Deal Properties (Disposal) Act, 1976, a
suomoto reference against the order of the T Tehsildar ( Sales) or Naib
Tehsildar ( Sales) or the Sales Commissioner lies to the Chief Sales
Commissioner under Section 10 of the Act ibid and against the order of the
Chief Sales Commissioner, to the authority exercising the powers of the State
Government. All such references should be made to the competent authority
through the Settlement Officer (Urban).
3. Government
have not extended the prescribed date for entertaining applications from the
occupants of urban evacuee or Package-deal property which continues to be
December 31, 1977, as notified earlier, A provision has, however, been made in
the revised policy for disposal of application received after the aforesaid
prescribed date from any occupant or class of occupants in accordance with the
revised policy meaning thereby that applications received by the Tehsildars
(Sales-cum-Managing Officers or Naib Tehsildar (Sales)-cum-Managing Officer or
Assistant Settlement Officer (Sales)-cum Managing Officer (Headquarters) after
the prescribed date of December 31, 1977, will be disposed of by the Tehsildar
(Sales)/Naib Tehsildar (Sales) in their capacity as such or as Managing
Officers, depending upon the type of property, after obtaining orders of Government.
Similarly, if any applications are received even now from occupants of urban
evacuees or package deal property, the same should be referred to Government
for orders, giving detailed reasons and justification, as to why a person
making the application could not apply within time. In this connection,
provision to sub-clause (i) of clause 9 of the Administrative order issued
under the authority of DS (Reh.)-cum-CSC and Rule 9 of the Punjab Package Deal
Properties (Disposal) (Third Amendment) Rules of 1979 are referred to.
All application received after the
prescribed date of December 31, 1977, should be entered in the registers
maintained for the purpose, after the last application shown to have been
received in time. Fresh applications now received should also be entered
likewise. These applications should be entered in the said register in a
chronological order.
4. Government is anxious that the work regarding
disposal of urban evacuee or package deal property should be finished as
quickly as possible. Now that the formalities for implementing the revised
policy have been completed, you should put your head and hands down to it and
endeavour to complete the disposal of these properties by March 31,1980
positively.
5. Reports regarding the progress achieved should
be supplied by the 5th of each month as heretofore. Settlement Officer (Urban)
has been asked to prescribed the revised proforma for the purpose.
RANDHIR SINGH
Deputy Secretary to Government
Punjab
Rehabilitation Department Jullundur
30/8/1979
Department of Rehabilitation
ORDER
Sub
: Transfer of Urban Evacuee land on which house etc has
been constructed – Land purchased by Punjab Government vide Arrangement of 1970
1. In
exercise of the powers delegated under Rules 87 and 88 of the Displaced Persons
(Compensation and Rehabilitation) Rules of 1955,- vide Notification
No.3(1)/IRT/71, dated February 24, 1971 of the Government of India, Ministry of
Labour, Employment and Rehabilitation (Department of Rehabilitation), I,
Randhir Singh, Deputy Secretary to Government, Punjab, Rehabilitation
Department exercising the powers of Authorized Chief Settlement Commissioner
direct that the urban evacuee property which is a house or a shop or a building
plot or a site or agricultural land as has been used for residential or
commercial or industrial purpose, transferred to the State Government by, the
Central Government in the Administrative and Financial Arrangement of 1970, may
be sold by negotiations an occupant on
he prevailing market price.
Provided:
his possession over the same is
continuous from January 1, 1977 and he has applied for its transfer by the
prescribed date of December 31, 1977 and provided in the case of a building
plot or a site or agricultural land as has been used for residential or
commercial or industrial purpose, construction has been raised thereon on or
before January 1, 1977.
2. (i) A building plot or a site or agricultural
land as has been used for construction of residential building, an occupant
shall be transferred area up to 20 marlas ;
(ii) A building plot or a site or
agricultural land as has been used for commercial or industrial purpose, an
occupant shall be transferred area upto 1000 sq. Yards ;
(iii) Where area of a building plot or site on
agricultural land being used or residential commercial or industrial purpose by
an occupant exceeds the limits prescribe in clause (i) & (ii) above the
excess area may be sold to the occupant by negotiation by an authority duly
authorized to do so with such additional price up to 25 per cent of the market
price in the case of residential plot and up to 50 per cent of the market price
in the case of a commercial or industrial plot, as would be fixed, keeping in
view the location and potential of each plot, but, in no case the total area
transferred will exceed the ceiling fixed under the Urban Land Ceiling
(Regulation) Act of 1976.
3 (i) Each transferee, other than a member of
the Scheduled Castes and Backward Classes shall be required to pay 25 per cent
of the price alongwith the arrears of rent or damages in cash, of urban evacuee
property to be transferred, within 30 days of determination of his eligibility
and the balance shall be payable in lumpsum or in three equated bi-annual
instalments bearing such rate of
interest as may be prescribed.
(ii) the arrears of rent or damages shall be
paid in lump sum or in such number of instalments as may be fixed by the Settlement
Commissioner, keeping in view the circumstances of each case and the number of
instalments so fixed shall not exceed
the number of instalments in which price of the urban evacuee property is to be
recovered; and
(iii) In the case of default of any
instalments, penal interest as may be prescribed shall be charged on the amount
under default excluding the amount due on account of rent or damages. If the
transferee fails to pay nay installment with interest on account of the balance
price, or installment on account of rent or damages within three months of the
date on which it becomes due, or within the time extended by the Settlement
Commissioner or the Chief Settlement Commissioner, the amount of defaulted
instalments with such penal interest as
may be prescribed, shall be recovered as 'arrears of land revenue', provided
that the penal interest shall be chargeable only on the defaulted amount of
balance price.
4. The
occupants who are members of the Scheduled Castes and Backward Classes shall
.be entitled to the following concessions:
(i) They may purchase properties in their
possession at the rate of 25 per cent of the market price;
(ii) the price of the
properties in transferred, will be recoverable in twelve equated half-yearly
instalments the first instalments being payable by a transferee within thirty
days of the officer of sale ;
(iii) If a Scheduled Castes or Backward Classes
transferee does not pay the Instalments
by the due date, penal interest as may be prescribed will be charged on
the amount under default. If he fails to pay the instalments and interest due thereon, within six months
of the date on which installment becomes due, or within the time extended by
the Settlement Commissioner or Chief Settlement Commissioner, the amount of
defaulted installment with such interest as may be prescribed shall be
recovered as 'arrears of land revenue'.
(iv) Where it is established that a
member of the Scheduled Castes had built a house before 15th August, 1947 on the
land which became urban evacuee land, such a person shall be entitled to retain
the house without any further payment;
(v) The Scheduled Castes and Backward
Classes occupants who are occupying two urban evacuee properties, one for
residential purpose and the other for commercial or industrial purpose, shall
be entitled to the transfer of both the properties at 25 per cent of the market
price;
Provided
in the case of a building plot or a site or agricultural land being used for
residential or industrial or commercial purpose, any excess area above the
limit prescribed in clause (i) and (ii) of para 3 above, shall be transferred
to an occupant at the prevailing market price, as laid down in clause (iii) of
the said para.
5. Where a property is in occupation of an
individual it shall be transferred to him if he is found eligible. However,
where a property is occupied by more than one family in district portions,
which are divisible, such portions shall be transferred to them separately,
provided there is no dispute between them and the applications for the transfer
of the portions under their respective possessions are made separately by them
by the prescribed date. But, where there is dispute between the persons
occupying a property and it is indivisible, it shall be disposed of by sale in
auction.
6. Land-locked urban plots or plots unfit for
independent construction and occupied by the owners of the adjoining houses or
located within commercial or industrial premises, shall be sold to the
occupants by negotiation at the current market price, provided their possession
is undisputed. Where the possession is disputed, the plot shall be disposed of
by auction, which shall be confined to the owners of the adjoining properties.
7 (a) The
eligibility of every applicant will be determined by the Managing Officer, by
holding such enquiry as he may consider necessary and after affording the
applicant reasonable opportunity to establish his claim ;
(b) If after making the enquiry, the
Managing Officer finds that the applicant is not eligible for transfer of an
urban evacuee property, be shall reject the application after giving a hearing
to the applicant and record the reasons for such rejection and shall also
determine the amount recoverable as damages for use and occupation of the
property.
(c) Every transfer of urban evacuee
property shall be subject to approval by the Settlement Commissioner;
(d) When the transfer is approved by the
Settlement Commissioner, the transferee shall produce before the Managing Officer,
within thirty days of the receipt of the intimation by him of such approval, a
challan showing the deposit into treasury of the amount payable;
Provided
that the Settlement Commissioner may extend the aforesaid period up to sixty
days in deserving cases. The Chief Settlement Commissioner may, in case of
exceptional hardship, grant such further extension for the payment of the
price, as he may consider reasonable;
(e) If the balance is not paid within the period
specified above, the amount of defaulted instalments shall be recovered as
'arrears of land revenue'.
8. In case of properties in which the price has
already been determined by the Settlement Organization of the Government of
India, the following criteria shall be followed for fixation of price:
(i) The year in which the price of a
particular urban property was fixed, shall be taken as the base year and from
that year onwards, till the date of reassessment, the price of the plot area
of the urban property shall be enhanced by 10 per cent of the price already
assessed per year; the price of the superstructure remaining the same. The
Managing Officer shall in case where the price so enhanced does not get equated
with the prevailing market price, make a report through the Settlement
Commissioner indicating price so enhanced and the prevailing market price
further so as to equate it with the prevailing market price.
(ii)(A) In all other cases, while fixing the market price, the following
criteria will be kept in view:
(a) the value of the property in the neighbourhood.
(b) the general prevailing market price
of similar urban property in that locality .
(c) in case, in a particular locality,
no transaction is found to have been
made, the last transaction in that locality or in the adjoining locality, be
taken as the basis for assessing the market price by enhancing its price by 10
per cent per year of the amount of the last transaction.
(d) the rent of the other local properties in that
particular locality.
(e) rental value, if any, as mentioned
in the Municipal Property Register.
(B) The assessment of market price on
the basis of the criteria specified in sub clause (A) will be made by the
Managing Officer subject to approval by the Settlement Commissioner.
(C) In a case where the price of
superstructure is to be fixed, it may be assessed by a Managing Officer in
collaboration \"-ith the local Public Works Department authorities. The price
thus fixed shall be subject to approval by the Settlement Commissioner.
(D)
(i) In the case of a building plot or a site or agricultural land being used for commercial or industrial purpose,
the current market price shall be assessed by the Valuation Board comprising
SDO (Civil), Executive Engineer, PWD, B and R or his representative, not less
than the status of an SDO., District Industries Officer and the Settlement
Officer (Urban) provided the area thereof is 500 sq. Yards or above.
(ii) Additional price of the area transferable to the occupants over and
above the limits of 20 Marlas and 1000 sq. Yards prescribed in clauses (i) and
(ii) of para 2 above, which may be sold by negotiation by an authority
authorised to do so, shall also be assessed by the above Board as laid down in
clause (iii) of the said para 2.
(9) (i) Any
person claiming to be entitled to the transfer of an urban property, may apply within such time as may be
determined, to the Tehsildar (Sales)-cum-Managing Officer or Naib Tehsildar (
Sales )-cum- Managing Officer
concerned ;
Provided that any application made
after the date so prescribed shall be forwarded to the Deputy Secretary (Reh)
(Chief Settlement Commissioner) who shall refer it to the Tehsildar
(Sales)-cum-Managing Officer or Naib Tehsildar (Sales)-cum-Managing Officer for
disposal.
(ii) Such applications shall be accompanied
by an affidavit, duly attested by a Magistrate Ist Class, or Notary Public, or
an Oath Commissioner, certifying the contents of the application.
10.
No Officer or other person having any duty to perform in connection with
valuation or sale of any urban evacuee property, or having any official
connection with the Rehabilitation Department, shall either directly or
indirectly bid for, or otherwise, acquire or attempt to acquire any interest in
such property, except with the prior permission of the competent authority.
11. An
urban evacuee property which is not transferred on the basis of possession or
is not required for sale by negotiation to any cooperative Society, Government
Company or local authority or to any Corporate body for a public purpose,
excluding such urban evacuee agricultural land as is transferable to lessees or
sub-lessees under Chapter V-A of the Displaced Persons (C & R) Rules of
1955, shall be disposed of by auction according to the procedure laid down in
rule 90 of the Rules ibid,
12. This
order shall supersede the order dated February 2, 1977.
RANDHIR SINGH
Deputy Secretary to Government
Punjab
Rehabilitation Department-cum-
Chief Settlement Commissioner,
Jullundur
JULLUNDUR
Dated: August 30, 1979.
31/8/1979
PUNJAB GOVERNMENT
To
All the Tehsildars (S)-cum-M.O./Naib
Tehsildars (S)-cum-M.O. in the State.
No. RD(770)/Part-IY /U-I/16700-17, dated
Jullundur, the 31st August, 1979.
Subject: Policy with regard to the
disposal of urban evacuee/package deal land/properties taken by the State
Government from the Government of India transfer of urban houses in possession
of rural land ai1ottees.
Memorandum :
Continuation this Department Memo.
No. RD(770) Part-IV /U-I/ 6648-55, dated August 30, 1979, on the subject cited
above.
2.
Urban evacuee houses and taurs in possession of rural land allottees who have
not been allotted any rural house/taurs as appurtenant to their allotments or
have not received any grants in lieu thereof may be transferred to them in
terms of the instructions issued vide Memo No 134(P-IV)-G-II/26141-55, dated
November, 9, 1970 (copy enclosed).
3.
The disposal of pending applications, if any, should be taken in hand forthwith. If any application is received now,
it should be submitted to the undersigned through the Settlement Officer
(Urban) for orders regarding its entertainment, as has been provided in para 3
of the instructions issued,-vide Memorandum dated August 30, 1979, in respect
of occupants of urban evacuee property .
RANDHIR SINGH,
Deputy Secretary
(Rehabilitation)
26/2/1980
Department of Rehabilitation
Subject: Transfer of Rural Evacuee Land on the basis of possession wef Rabi 1978.
1. The
latest policy of Government with regard to disposal of surplus rural evacuee
agricultural land has been announced on February 26. 1980. One of the decisions
pertains to the transfer of the land on the basis of possession to the
occupants up to 10 ordinary acres each, inclusive of an occupants own holding,
if any, on the following main conditions:
(I) (i) The cultivating possession of an occupants is
established to be continuous and
undisputed from the entries in the Khasra Girdawaris form Rabi 1978; and
(ii) He
is head of his family.
(II) An occupants own holding shall include
(a) the land owned by him, his wife and
his dependent children ; and
(b) any Nazool or inferior evacuee land
purchased from the Revenue Department on instalments basis or otherwise, even if it is not fully paid.
(III) The price of the land shall be charged at the following rates :
(a)
Scheduled Castes
For all types of land Rs.
200/- per ordinary acre.
(b) No Scheduled Castes
(i) Chahi, Nehri Rs.2000/-per ordinary acre.
(ii) Barani, Sailabi etc. Rs. 1000/- per
ordinary acre.
Where any cultivated
land is not commended by any evacuee Well or source of irrigation provided by Government,
the price of the land shall be charged at 'Barani' rates.
(IV) The
cultivating possession shall be determined strictly on the basis of the entries
appearing in the Khasra Girdawari. Doubtful and tampered with Khasra Girdawaris
shall be ignored. Similarly corrections of the Khasra Girdawaris secured after
February 26, 1980 shall not be taken into consideration.
(V) The price of land shall be recovered in S annual equated instalments
with interest at 7% per annum first instalment payable at the time of the
transfer.
(VI) The occupants shall be liable to pay, in lump sum, or under specific
orders, made by the Sub-Divisional Officer (Civil)-cum-Sales commissioner, in
instalments arrears on account of rent/damages, of the land occupied by them
alongwith the price of the land, but the number of instilments shall in no case
exceed, the number in which the price of land is recoverable.
(VII) The
following occupants shall not be entitled to the transfer of land :
(i) a minor or such women whose husband
is alive but is not disabled or incapacitated ;
(ii) an allottee or his vendee, the
allotment whereof has been cancelled, and
(iii) Who has already purchased surplus
rural evacuee agricultural land on the basis of possession or in restricted
auction and has disposed of the same, or has ceased to be entitled to hold the
land by of reasons of default, the terms and conditions of the transfer or
sale.
2. The occupants who consider themselves eligible
to the transfer of the land occupied by them, in terms of the above conditions,
should submit their applications in a prescribed form to the Tehsildars
(Mahal)-cum-(Sale)/Naib Tehsildars (Mahal) (Sale) of their respective
Tehsildar/Sub- Tehsildars, by the l5th of April, 1980 positively. The
prescribed forms can be obtained from the Tehsil Offices, free of cost.
3. Applications received after the aforesaid date
shall not be entertained.
ISSUED BY THE GOVERNMENT IN THE
REHABILIITATION DEPARTMENT
Dated, Chandigarh, the February 26, 1980
25/03/1981
To
All the Tehsildars (Sales) in the
State.
No G- 7/R-I(242)/3895-3902/Dated, Jullundur,
the 25.3.1981
Sub: - Land owned by locals but mortgaged
with Muslims Allotment thereof
Memorandum
Reference correspondence resting
with this Department Endst. No. G- 7/R1(242)/43631-48 dated 31-10-1980 on the
subject cited above.
2. Under the provisions of Article 61 of the
Limitation Act, the local landowners,
Who had mortgaged their lands with
Muslims before partition of the country, had to bring a suit for redemption of
the mortgagetlB1id within a period of thirty years from the date of mortgage.
Where they failed to do so, the land was to vest in the Custodian free from all
encumbrances. Accordingly, instructions were issued vide this Department Endst.
No. RII(242)G- 7/2845-55, dated 20-2-1974 to enter mutation in respect of such
lands in favour of the Custodian. Tehsildars/Naib Tehsildars (Mahal) in the
State, have separately been directed to supply Khasra-wise details of such
lands so that the Central Government may be approached to issue notification
for their acquisition under section of the Displaced Persons (Compensation
& Rehabilitation) Act, 1954. Until and unless such a notification is issued
by the Central Government these lands cannot be treated as acquired evacuee
properties. You are, therefore, requested not to allot such lands to displaced
persons /war widows till further order. The number of cases in which allotment
of such lands has been made, should also be reported.
3. The
instructions should be complied with meticulously.
Deputy Secretary to
Govt. Punjab,
Rehabilitation
Department.
Department Rehabilitation
To
All the Deputy Commissioners in the
State.
No. G-7/R-I9242) 5113-5124 dated,
Jullundur, the 10/4/81
Sub:
Land owned by
locals but mortgaged with Muslims- Transfer/ Auction thereof
Memorandum
Under the provisions of article 61
of the Limitation Act, the local landowners, who had mortgaged their lands with
Muslims, before partition of the country, had to bring a suit for redemption of
the mortgaged land within a period of thirty years from the date of mortgage.
Where they failed to do so, the land was to vest in the Custodian free from all
encumbrances. Accordingly, instructions were issued vide the Department Endst.
No. RII (242)G- 7/2845-55, dated 20.2.1975, to enter mutation in respect of
such lands in favour of the Custodian. Tehsildars/Naib Tehsildars (Mahal) in
the State, have separately been directed to supply Khasra-wise details of such
lands so that the Central Government may be approached to issue notification
for their acquisition under section 12 of the Displaced Persons (Compensation
and Rehabilitation) Act, 1954. Until and unless such a notification is issued
by the Central Government, these lands cannot be treated as acquired evacuee
properties. You are, therefore, requested not to transfer such lands to the
occupants thereof till further orders. These lands may also not be disposed of
by way of auction. In case any such land has been transferred/auctions
cancelled may please be taken under intimation to this Department.
Establishment
& Accounts Officer,
for Deputy Secretary to
Government of Punjab
Rehabilitation Department
5/6/1981
All the Deputy
Commissioners
In the Punjab State
Memo No.
3/7/78-LR(1)(Vol-IV)7899
Dated 5/6/1981
Sub: Disposal of inferior evacuee land –
Policy regarding.
Ref: In
continuation of Punjab Govt memo No. 3/7/78-LR(1)/14529, dated 10/7/1979.
1.1 In accordance with clause (i) of the order conveyed vide the
Memorandum under reference the lessees of land measuring 29,073 acres, who had
entered into possession of the land in accordance with the policy laid down in
1961, and who had hitherto not purchased the land leased out to them or had
still to exercise their option were given and other opportunity for purchasing
the land in accordance with the terms and conditions already prescribed within
thirty days notices to this effect to be issued by the Collector concerned.
This period was however later on extended upto 31/12/79 vide Memo No.
3/7/78-LR-I/22285 dated 16/11/79.
1.2 The terms and conditions for transfer were extremely liberal.
The lessees were not required to pay any lease money, land revenue or other
cesses in the first five years, except that the lease money for Banjar land was
to be recovered at the rate of Rs. 1 per acre per year. If canal irrigation had
been extended than Abiana was also leviable. After the expirty of that period,
the lessees were required to pay the land revenue and other cesses purchase
price of the land was Rs. 40/- per acre for Banjar land and Rs. 25/- per acre
of Ghair Mumkin land, lease money recovered was to be deducted from the sale
price and the net amount due as payable either in lump sum or in 4 equal annual
installment if the lessee did not want to purchase the land, he was deliver
vacant possession of the land leased out to him. The lessee was required to
bring under cultivation or proper use ¼ th of the land in the first 3 years of
the lease period and the remaining 3/4th in the next 2 years. The
cultivated area or the area put to proper use could not be reduced to less than
½ in any case after the 5th year.
1.3 Inspite of these extremely favourable terms and conditions,
lessees of the area measuring 17,911 acres (as on 22 April 1979) had not
exercised their right of purchase although there was no apparent reason why the
lands should not have been transferred in the normal course. The only exception
is where the lessee has not brought under cultivation or proper use 1/4th
of the land in the first three years, of the lease period and the remaining ¾
the in the next 2 years, or has reduced the cultivated area or the area put to
proper use to less than ½ after the fifth year. Breach of these conditions can
in any case be condoned by the authority prescribed by the government in this
behalf. However, no authority had been prescribed in this behalf by the
government so far.
1.4 Government have not decided that the Deputy Commissioner would
be the competent authority in this behalf.
1.5 However, if even after service of 30 days notice, the allottee
is not willing to pay the purchase price the leases should be terminated,
vacant possession taken, and fresh allotment made in accordance with Government
policy.
2.1 In accordance with clause (vi) of the orders conveyed vide the
Memo under reference Banjar and Ghair Mumkin lands reported to be unfit for
lease were to be surveyed by a team of officers set up by the Rehabilitation
Department for the survey of similar types of surplus rural evacuee
agricultural lands. No such team of officer has been set up so far by the
Rehabilitation Department. The Government have now decided that the following
Team be constituted for each districts :
(i)
District
Revenue Officer
(ii)
District
Forest Officer or his representative
(iii)
District
Development & Panchayat officer or his representative
(iv)
Tehsildar
concerned – Member Secretary
2.2 Government have now decided that the work relating to survey
of land unfit for cultivation and its transfer to the Forest Department/Village
Panchayats both on paper and in the filed, should be completed within a period
of three months.
3.1 In accordance with clause (v) of the orders conveyed vide Govt
Memo under reference, area not transferred to the unauthorized occupants on the
approved terms and conditions, or not purchased by the lessees, was to be
disposed of by auction restricted to the landless members of the scheduled
castes, upto the limit of 10 ordinary acre. The procedure for the conduct of the
auction was not specified, which had resulted in hesitation at the field level.
3.2 Government have now decided that the procedure laid down in
Annexure – A to this letter be followed. (See Ann-A Nazool Rules)
3.3 The amount realized on account of sale proceeds of the
inferior evacuee land should be deposited into Government treasury under the
Major Head of Account “068-
Miscellaneous General Services (d) sale of land and property”.
4. Immediate steps may now be taken to allot/dispose of the
inferior evacuee land in accordance with Government policy immediately and to
send a compliance report at the end of three months from the date of issue of
this letter, after which period the performance shall be reviewed by
Government.
5. The receipt of this letter may please be acknowledged.
Under
Secretary to Govt Punjab
Revenue
Department
Annexure-‘A’
Sale of Inferior Evacuee Land by auction restricted to the landless
members of Scheduled Castes, who are depending upon agriculture or are sanjhis,
sepis and agricultural labourers and
have no other source of livelihood.
I. Person who can participate in restricted auction : Only
landless members of Scheduled Castes who are dependant upon agriculture or are
sanjhis, sepis and agriculture labourers and have no other source of
livelihood, and who reside any village of the kanungo circle in which the land
is situate.
II. Person not eligible to participate in restricted auction :
(i)
No
minor or anyone on his behalf.
(ii)
No
Government servant or his dependant.
(iii)
No
member of the Scheduled Castes, who had already purchased land in restricted
auction or on the basis of possession, and had disposed of it thereafter; shall
be permitted to participate in the restricted auction.
III. Procedure for sale by auction : Where
any inferior evacuee land is to be sold by public auction :
(i)
It
shall be sold by the Tehsildar (Mahal) or Naib Tehsildar (Mahal).
(ii)
The
Tehsildar (Mahal) or Naib Tehsildar (Mahal) shall cause a proclamation of the
intended sale to be made in the language of the principal civil court of the
original jurisdiction within whose jurisdiction the property is situate.
(iii)
Notice
of intended sale shall be given atleast 15 days before the proposed sale and
every such notice shall state the date, time and place of proposed sale, the
description of land to be sold, the terms and conditions of the sale and any
other particulars which the Tehsildar (Mahal) or Naib Tehsildar (Mahal)
considers material. One copy of the notice shall be affixed on a conspicuous
public place.
(iv)
The
proclamation and notice of sale shall be issued in all the villages comprising
the Kanungo circle in which the land is situate.
(v)
No
sale shall take place until after the expiry of a period of 15 days from the
date of publication of the notice.
(vi)
Every
auction of the land under these instructions shall be subject to a reserve
price fixed in respect of the land.
(vii)
The
Tehsildar (Mahal) or Naib Tehsildar (Mahal) may withhold the sale of any land
after recording the reasons, in writing, which may not be made public.
(viii)
The
Tehsildar (Mahal) or Naib Tehsildar (Mahal) may if the situation so demands,
for reasons to be recorded in writing, adjourn the sale to a specific date and
hour and an announcement to that effect shall be made , at the time of
adjournment of the sale;
Provided
that where the sale is adjourned for a period exceeding 15 days, a fresh notice
shall be given.
(ix)
The
person declared to be the highest bidder for the land at the public auction
shall pay in cash 25 % of the amount of bid as earnest money on the spot to the
officer conducting the sale and in default of such deposit the land may be
resold.
(x)
Where
the highest bidder, whose bid is provisionally accepted, resiles from the bid
before its approval is communicated to him, the amount deposited by him under
clause (ix) shall be forfeited.
(xi)
The
bid in respect of which a despot under clause (ix) has been accepted shall be
subject to the approval of the District Collector.
Provided
that no bid shall be approved until after the expiry of 10 days of the auction.
(xii) (a) Intimation of the approval of the bid or
its rejection shall be given to the highest bidder (hereinafter referred to as
auction purchaser).
(b) The auction purchaser shall pay the
balance price in three equated instalments with interest @ 7 % per annum; the
first instalment payable at the end of the first harvest after one year from
the date of approval of the sale.
(xiii)
If
the auction purchaser does not deposit the balance of the purchase money within
the period specified in clause (xii) or defaults in the payment of two
successive instalments within the stipulated period, the Tehsildar (Mahal) or
Naib Tehsildar (Mahal) shall be competent to cancel the sale, forfeit the amount
already paid and resume the land, after giving due notice to the defaulting
person.
(xiv)
When
the purchase price has been realized in full from the auction purchaser the
Tehsildar (Mahal) shall issue to him a certificate of sale in the form
specified in Appendix ‘B’.
IV. Fixation of reserve price : The reserve price for
disposal of the inferior evacuee land shall be determined on the following
basis :
(i) Banjar @ Rs. 40/-
per acre.
(ii) Ghair Mumkin @ Rs. 25/- per acre.
(iii) Land irrigated by a source @
Rs. 1000/- per acre.
Provided
by the Govt.
V. Bar on the alienation of the inferior evacuee land
purchased in restricted auction :
(i)
The
auction purchaser shall not be entitled to lease, transfer, sell, mortgage with
possession or otherwise alienate or part with the land wholly or partly, so
purchased, in any manner, in favour of the person, who is not a member of the
Scheduled Castes, for a period of 20 years; provided that the land may be
pledged in favour of Government or Semi Government Corporation, or Co-operative
Financing Institution, for securing loan for effecting improvement in the said
land.
(ii)
An
auction purchaser shall cultivate the land so purchased himself or through any
member of the Scheduled Castes only.
(iii)
If
any auction purchaser violates any of the conditions mentioned in clause (i)
and (ii) above, the Tehsildar (Mahal) or Naib Tehsildar (Mahal) shall be
competent to cancel the sale, forfeit the amount already paid and resume the
land , after giving due notice to him.
VI. Procedure for setting aside sale :
(i)
Where
a person desires that the sale of any land made under these instructions should
be set aside because of any alleged irregularity or fraud in the conduct of
sale or otherwise, make an application to that effect to the District
Collector.
(ii)
Every
application for setting aside the sale under this rule shall be made within 10
days from the date of auction.
(iii)
Where
an application is made under sub rule (ii) above, the petitioner shall, on
demand deposit a sum equivalent to 20% of the highest bid, as challenge money,
within 10 days of demand by the District Collector.
(iv)
If
after consideration of the fact alleged, the District Collector if satisfied
that any material irregularity or fraud has been committed in the publication
or conduct of sale, he may make an order that the land or property be
reauctioned.
(v)
If
any property is put to reauction under the proceeding sub rule, the bid would
start at 20% above the previous highest bid.
VII. Procedure for appeal, review or revision
: Where any person is aggrieved by an
order of Tehsildar (Mahal) or Naib Tehsildar (Mahal) with regard to sale of
inferior evacuee land, he may prefer an appeal to the District Collector within
30 days from the date of such orders.
Provided that the District Collector may entertain an appeal
after the expiry of 30 days if he is satisfied that the appellant was prevented
by sufficient cause from filing the appeal in time.
ANNEXURE
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