CHAPTER IX.

ALLOTMENT OF EVACUEE HOUSES AND SITES

 

Fresh allotment of houses.

The shortage of evacuee houses in villages presents a formidable problem, which is not likely to be solved for a long period. Reference has been made earlier to the destruction since partition of a sub­stantial proportion of houses belonging to evacuees. In the allotment of available evacuee houses the guiding principle has been to give houses belonging to evacuee landowners to displaced landholders to whom land has been allotted, houses of evacuee kamins to displaced kamins and artisans and houses and shops of evacuee shop-keepers to dis­placed shop-keepers who settled in villages. If there are surplus houses in any village—a rare situation—allottees from neighbouring villages can be given houses. The fortuitous circumstances affecting the occupation of village houses during the phase of temporary settlement have been disregarded and the endeavour has been to allot houses afresh.

 

Agency for allotment.

2.         It was hoped at first that panchayats representing allottees as well as the landless settling in villages might assist in the allotment of houses. For various reasons this hope has not been fulfilled and allotment has had to be entrusted to revenue officials. Actual settle­ment in villages has been affected adversely by the prevailing shortage.

 

Rules of allotment of evacuee houses.

3.         Elaborate instructions were drawn up with the object of ensuring equitable distribution of houses. The observance of these instructions in practice has been far from easy. To ensure fairness in the distribution of houses among the allottees, it was proposed, for instance, that the size of the land allotment made to a person and the type of house abandoned by him in Western Pakistan should be the major factors to be considered. For each standard acre of land one mark was to be allowed and, subject to a maximum of 20 marks, houses abandoned in Western Pakistan were to be valued at the rate of one mark for each 1000 of the value of the house. Houses above the value of Rs. 20,000 were excluded from allotment, as they were to be dealt with according to the terms of an earlier agreement between India and Pakistan. In each village after their relative rights had been valued, allottees could pick houses according to their place in the village list. To obviate fictitious statement about the value of houses abandoned in Western Pakistan, allottees were required to file affidavits. These instructions were issued at the end of July, 1950 and did not apply to allotments of houses made prior to this date by village panchayats.

 

4.         A person to whom land has been allotted in more than one village is ordinarily entitled to receive residential accommodation in the village in which the greater portion of his allotment is situated. Substantial houses situated outside the limits of the village abadi were also included in the pool of houses for allotment, preference being given to those allottees in whose land such houses happened to be situated. Persons to whom land had been allotted in uninhabited villages could receive houses in villages in which the evacuee owners whose land had been allotted to them used to reside. Where colonists had ancestral houses in their villages of allotment or reasonably near them, preference in the distribution of evacuee houses was to be given to non-colonists. Similar rules were extended to the allotment of evacuee houses to displaced persons to whom land had been given in the garden colonies.

 

Allotment of sites.

5.         In villages in which there were no houses available at all, sites were to be allotted to displaced persons, the standard size being one or two kanals according to the area of the abadi site. It was proposed to provide one site to allottees of 10 standard acres or less, two sites to allottees upto 20 standard acres, three to those holding upto 30 standard acres and four to those holding more than 30 standard acres. Subject to finance being available, it was also intended to make a grant of Rs. 200 in the shape of building material to allottees holding five standard acres or less and to advance loans of Vs. 500 to persons holding more than five standard acres.

 

If surplus residential accommodation were available after meeting the requirements of allottees, tenants, kamins and other displaced persons entitled to allotment of houses and sites, serving soldiers who owned no land in Western Pakistan but owned houses in rural areas, were to be given preference in the allotment of houses and sites.

 

Model villages.

6.         A scheme of model villages was drawn up. Under this scheme officials of the Public Works Department were required to demarcate sites in villages according to certain type-plans, which had been pre­pared. These type plans provided for suitable roads and paths, central communal open spaces, sites for community buildings, manure pits, etc.

 

Review and Revision.

7.         Reviews from the orders of Revenue Officers in respect of allotment of evacuee houses in rural areas lie to the following officers according to the value of the houses :—

 

Value of houses.                      Officers to whom  review will lie

 

1.         Houses of the value of               Revenue Assistant, Rehabilitation, of the district

Rs. 10,000 or less.       

           

2.         Houses of the value of               Deputy Commissioners or Additional Deputy

above Rs. 10,000 but less         Commissioners of the districts.

Rs. 20.000.           

 

An application for revision from the orders of Revenue Assistants Rehabilitation, lies to the Deputy Commissioner or Additional Deputy Commissioner of the district. Revision from the order of the Deputy Commissioner or Additional Deputy Commissioner lies to the Director-General Rehabilitation (Rural). The orders passed in revision are final.

 

An application for review has to bear a court-fee stamp of one rupee and has to be accompanied by a copy of the allotment order. Copies of allotment orders can be obtained from the patwari of the circle on payment of four annas per copy.

 

An application for revision has to carry a court-fee stamp of five rupees and has to be accompanied by a copy of the review order. Copies can be obtained on payment of the prescribed fee.

 

Applications for review should be made to the officers concerned before the 30th September, 1950, (or such other date as may be fixed) or within 30 days from the receipt of the order of allotment of houses, whichever is later. The period of limitation for filing a revision is 30 days from the date of the communication of the order of review.

 

The Financial Commissioner, Rehabilitation, may at any time either on his own motion or on an application call for the record of any case from any authority subordinate to him and pass such orders as he may think fit.

 

Long-term aspects of rural housing.

8. For many years to come the shortage of houses and unsuitable living conditions in villages are likely to be one of the most unfortunate legacies of the years following the partition. To make up these deficiencies, a healthier rural economy and public investment on a substantial scale are called for. On account of inadequate resources, large gaps are likely to remain. To have large numbers of persons to whom land has been allotted living outside the villages mainly for lack of residential accommodation will hamper the restoration and growth of the rural economy. These deficiencies will have their long-term effects as well, but it is realised that the problem of rural housing cannot be left to solve itself.


APPENDIX IA

LEGISLATIVE DEPARTMENT

notification

The 3rd April 1948

 

No. 49-Leg.|48—The following Act of the Provincial Legislature received the assent of His Excellency the Governor on the 1st April 1948, and is hereby published for general information :—

EAST PUNJAB ACT NO. XII OF 1948.

It is hereby enacted as follows :—

1.         Short title and extent—(1) This Act may be called the East Punjab Refugees (Registration of Land Claims) Act, 1948.

(2) It extends to the whole of East Punjab.

 

2.         Interpretation—In this Act unless there is anything repugnant

in the subject or context:—

(a) " claim " means a statement of loss or damage suffered by a refugee since the 1st day of March, 1947, in respect of his land within the territory now comprised in the Provinces of West Punjab, North-West Frontier Province, Sind or Baluchistan, or in any State adjacent to the aforesaid Pro­vinces and acceding to the Dominion of Pakistan ;

(b) " land " means land which is not occupied as the site of any building in a town or village and is occupied or let for agri­cultural purposes or for purposes subservient to agriculture or for pasture, and includes—

(i) the sites of buildings and other structures on such land ;

(ii) a share in the profit of an estate or holding ;

(iii) any dues or any fixed percentage of land revenue payable by an inferior landowner to a superior land-owner ;

(iv) a right to receive rent; and (v) any right of occupancy.

(c) " landholder " means an owner of land or a tenant having a right of occupancy under the Punjab Tenancy Act, 1887 (XVI of 1887) or a tenant as defined in Section 3 of the Colonization of Government Lands Act, 1912 (Punjab Act V of 1912) and such other holder or grantee of land as may be specified by the Provincial Government;

(d) "refugee" means a landholder in the territories now com­prised in the Province of West Punjab, or who or whose ances­tor migrated as a colonist from the Punjab since 1901 to the Provinces of North-West Frontier Province, Sind or Baluchis­tan or to any Slate adjacent to any of the aforesaid Provinces and acceding to the Dominion of Pakistan, and who has since the 1st day of March, 1947, abandoned or been made to abandon his Land in the said territories on account of civil disturbances or the fear of such disturbances or the partition of the country;

(e) " Registering Officer " means a Land Claims Officer or Assis­tant Land Claims Officers appointed under this Act and includes any Revenue Officer as defined in section 6 of the Punjab Land Revenue Act (Act No. XVII of 1887) within the area of his jurisdiction ; and

(f) " prescribed " means prescribed by rules made under this Act

 

3.         Power to appoint Land Claims Officers—For the purpose of registering claims under this Act the Provincial Government may, by notification, appoint one or more Land Claims Officers and Assistant Land Claims Officers and may specify the local limits of their jurisdiction.

 

4.         Registration of land claims—(1) A refugee may submit to the Registering Officer on the prescribed form and supported by an affidavit an application for the registration of his claim in respect of his land abandoned by him. or which he has been made to abandon :

 

Provided that a refugee who has previously submitted a claim under Ordinance VII of 1948 to any other authority competent to register such claim shall not submit another claim in respect of the same land to the Registering Officer.

 

(2)        The Registering Officer shall thereupon register bis claim.

 

5.         Powers—The Registering Officer shall have all the powers of a Civil Court for the purpose of attesting affidavits under this Act.

 

6.         Protection of action taken under this Act—No suit, prosecution or other legal proceedings shall lie against the Provincial Government or the Registering Officer or any person acting under his directions in respect of anything done or purporting to have been done in pursuance of this Act.

 

7.         Offences and penalties—Any person who—

      (a) submits with regard to his claim under this Act any information which is false ; or

      (b) being a public servant as defined in Section 21 of the Indian Penal Code, 1860.

 

[Act XLV of 1860] abets the commission of an offence under clause (a) above; shall be punishable with rigorous imprisonment which may extend to five years or with fine up to Rs. 5,000 or with both.

 

8.         (1) Any person who in the opinion of a Deputy Commissioner has submitted with regard to his claim any information which is false shall in addition to any other punishment to which he may be liable, be by order in writing of the Deputy Commissioner, disqualified from being allotted any land by the Provincial Government, or, if he has already been allotted land by the Provincial Government, such allot­ment shall be. by order in writing of the Deputy Commissioner cancell­ed either in whole or in part.

(2) Any person aggrieved by an order passed by a Deputy Commissioner under sub-section (1) may, within thirty days of the making of the orders appeal against that order to the Financial Commissioner.

(3) The order of the Financial Commissioner on such appeal, and subject only to such order, the order of the Deputy Commissioner shall be final and conclusive and shall not be liable to be called in question in any court.

 

9.         Procedure—(1) All offences under this Act shall be triable by a Magistrate of the first class in accordance with the provisions of the Code of Criminal Procedure, 1898 [V of 1898.]

(2) No prosecution for any offence punishable under this Act shall be instituted except on a complaint in writing by the District Magistrate of the district in which that offence was committed.

 

10.       The Provincial Government may by notification make such rules as appear to it to be necessary or expedient for putting into effect the provisions of this Act.

 

11.       The East Punjab Refugees (Registration of Land Claims) Ordinance No. VII of 1948 is hereby repealed and any rules made. notifications issued, anything done, any action taken in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been made, issued, done or taken in exercise of the powers conferred by. under his Act as if this Act had come into force on 3rd day of March, 1948.

 

S. B. CAPOOR,

Secretary, Legislative Department,

East Punjab.

 


RELIEF AND REHABILITATION DEPARTMENT

EAST PUNJAB REFUGEES (REGISTRATION OF LAND CLAIMS) RULES, 1948

In exercise of the powers conferred by Section 10 of the East Punjab Refugees (Registration of Land Claims) Ordinance, 1948, the

Governor of East Punjab is pleased to make the following rules: —

(1)        (a) These rules may be called the East Punjab Refugees (Registration of Land Claims) Rules, 1948.

(b) These rules shall come into force at once.

(2) No claim application shall be entertained unless made in the form given in appendix " A " to these rules. No court-fee shall be chargeable on such application.

(3) A claim application shall be presented to the Registering Officer by the applicant either in person or through a recognis­ed agent or sent by registered post. In case of a minor. applications for claims shall be submitted in the aforesaid manner by his next friend or his guardian.

(4) An application submitted by post shall not be entertained unless the affidavit as annexed thereto has been duly attested by a competent authority.

(5) The following shall be the competent authorities for the purpose of attesting the affidavit annexed with the claim application :—

(i) All Registrars;

(ii) All Sub-judges;

(iii) All Gazetted Officers ;

(iv) All Oath Commissioners appointed by the High Court;

(v) All members of the Central and Provincial Legislature in the Dominion of India;

(vi) All Land Claims Officers and Assistant Land Claims Officers;

(vii) Any other person authorized in this behalf by the Provincial Government.

P. N. THAPAR

Financial Commissioner,

Relief and Rehabilitation.

 

 

 

APPENDIX IB

DEPARTMENT OF REHABILITATION

notification

The 8th July, 1949.

No. 4891|S —In pursuance of the powers conferred by the rules made by the Provincial Government under clauses (f) and (ff) of sub­section (2) of section 22 of the East Punjab Evacuees' (Administration of Property) Act, 1947, the Custodian is pleased to issue the follow­ing Statement of Conditions on which he is prepared to grant leases of land vested in him under the provisions of the said Act.

 

2.         In this Statement of Conditions unless the context otherwise requires,—Definitions.

(a) " Act " means the East Punjab Evacuees' (Administration of Property) Act, 1947, as amended from time to time ;

(b) "Custodian", " Rehabilitation Authority" and "Evacuee" have the meanings respectively assigned to these words in the Act;

(c) " Land " means land which is not occupied as the site of any building in a town or village and is occupied or let for agri­cultural purposes or for purposes subservient to agriculture or for pasture, and includes—

(i) the sites of buildings and other structures on such land ;

(ii) a share in the profit of an estate or holding;

(iii) any dues or any fixed percentage of land revenue payable by an inferior land owner to a superior landowner ;

(iv) a right to receive rent; and (v) any right of occupancy.

(d) " Lessee " includes the heirs, legal representatives and sub­lessees of the lessee and if there are co-shares in the lease, any liability imposed by this Statement of Conditions shall be the joint and several liability of each co-sharer.

3.         (1) The lease shall be for a period to be specified in the order Period of allotment made by the Custodian or the Rehabilitation Authority. The land shall be used solely for the purpose of cultivation.

 

 

 

Purpose.

Only the interest of evacuee transferred.

 

(3)        Only the rights, title, and interest of the evacuee or evacuees In the land shall be leased.

(4)        The lessee shall pay a rent to he specified by the Custodian or the Rehabilitation Authority at such time and in such manner as the Custodian or the Rehabilitation Authority may direct

 

Obligations of the lessee.

4.         The lessee shall—

(a) pay to. or to any person authorised by, the Custodian or the Rehabilitation Authority, the rent and any other payments which may become due under this allotment at the time, place and manner specified above ;

(b) take possession of the land within two months of the date on which the order of allotment made by the Custodian or the Rehabilitation Authority is delivered to him ;

(c) not transfer or charge the land by sale, gift, will. mortgage or other private contract, but may sub-lease the land for a period not exceeding one year and with the consent in writ­ing of the Custodian or the Rehabilitation Authority first had and obtained, sub-lease the land for a period exceeding one year. Any sub-lease made by the lessee will not exonerate him from his liability to pay rent or to observe the covenants and conditions of this lease : The sub-lease will, however, automatically terminate when for any reason this allotment terminates ;

(d) on the expiry of the lease or its earlier termination, surrender the whole or any part of the land, as the case may be, to the Custodian, the Rehabilitation Authority or any person autho­rised in this behalf;

(e) discharge the obligations of the evacuee or evacuees whose land has been leased to him and at all times hereafter will and sufficiently indemnify and keep indemnified the Custodian or the Rehabilitation Authority against all liability in respect of land;

 

Provided that the lessee will not be responsible to discharge any obligation or liability accruing before the date of the lease to him.

 

Resumption.

5.         The Custodian, or as -the case may be, the Rehabilitation Authority shall be competent to resume, amend, withdraw or cancel the tease on any one of the following grounds :—

(a) It is contrary to the orders of the East Punjab Government or the instructions of the Financial Commissioner. Rehabili­tation, or of the Custodian, Evacuee Property, East Punjab ;

(b) The lessee has infringed or appears to be preparing to infringe, any of the terms of the lease ;

(c) The lease was obtained by false declaration or insufficient information ;

(d) The area leased or occupied by the lessee is more or less than he was authorised to take on lease or occupy under the in­structions issued by the East Punjab Government or the Financial Commissioner, Rehabilitation, or the Custodian, Evacuee Property, East Punjab ;

(e) Where the claims of other parties with respect to the land have been established or accepted by the Custodian or the Rehabilitation Authority;

(f) When the lessee has been convicted of an offence under the Act; or

(g) If the lessee fails to take possession of the land within the time mentioned in clause 4(b) above or within such further time as he may be allowed by the Custodian or the Rehabili­tation Authority, or, after having taken possession, fails to cultivate the land or a part thereof.

 

Quiet Enjoyment.

6.         The lessee paying the rent hereby reserved and observing and performing the several covenants, conditions and stipulations herein on his part contained, shall peacefully hold and enjoy the leased land during the said term without any interruption by the Custodian or the Rehabilitation Authority.

 

Recovery of tractor Cultivation charges.

7.         If the land leased or any part of it has, immediately prior to lease been cultivated at the instance of the Custodian or the Rehabili­tation Authority by means of tractors, the charges in respect of such cultivation shall be recoverable from the lessee in such manner as may be directed by Custodian or that Authority.

 

8.         The lessee who takes possession of land will be deemed to have agreed to be bound by these conditions.

 

P. N. THAPAR,

Secretary to Government, East Punjab,

Rehabilitation Department, Simla.

 

APPENDIX 1C

DEPARTMENT OF REHABILITATION

notification

The 8th July, 1949.

 

No. 4892|S—In pursuance of the powers conferred by the rules made by the Provincial Government under clauses (f) and (ff) of sub­section (2) of Section 22 of the East Punjab Evacuees' (Administra­tion of Property) Act, 1947, the Custodian is pleased to issue the following Statement of Conditions on which he is prepared to grant allotment of land vested in him under the provisions of the said Act to displaced persons.

 

2.         In this Statement of Conditions unless the context otherwise requires;—

 

Definitions

(a) " Act " means the East Punjab Evacuees' (Administration of Property) Act, 1947, as amended from time to time;

(b) "Custodian", " Rehabilitation Authority" and "Evacuee" have the meanings respectively assigned to these words in the Act;

(c) " land " means land which is not occupied as the site of any building in a town or village and is occupied or let for agricul­tural purposes or for purposes sub-servient to agriculture or for pastures, and includes—

(i) the sites of buildings and other structures on such land ;

(ii) a share in the profit of an estate or holding :

(iii) any dues or any fixed percentage of land revenue pay­able by an inferior landowner to a superior land­owner ;

(iv) a right to receive rent; and  ' (v) any right of occupancy.

(d) " Allottee " includes the heirs, legal representatives and lessees of the allottee and, if there are co-sharers in the allotment, any liability imposed by this Statement of Conditions shall be the joint and several liability of each co-sharer.

(e) " Displaced person " means a land-holder in the territories now comprised in the province of West Punjab or a person of Punjabi extraction who holds land in the Provinces of North-Westem Frontier Province, Sind or Baluchistan or any State adjacent to any of the aforesaid Provinces and acceding to the Dominion of Pakistan, and who has since the 1st day of March 1947, abandoned or been made to abandon his land in the said territories on account of civil disturbances, or the fear of such disturbances, or the partition of the country.

 

Period.

3.         (1) The allotment shall be in favour of a displaced person and for a period for which the land remains vested in the Custodian subject to the provisions of the Act,

 

Only the interest of evacuee transferred.

(2) Only the rights, title and interest of the evacuee or evacuees in the land shall be allotted.

(3) The allottee shall pay a rent equivalent to the land revenue and cesses for the time being assessed on the land and such further rent as may be fixed by the Custodian or the Rehabilitation Authority from time to time. The rent shall be payable at such times and in such manner as the Custodian or the Rehabilitation Authority may direct. The allottee shall also pay all rates, taxes, charges and out­goings which become payable either by the owner or the occupier of the land during the term of allotment.

 

 

 

 

Obligations of the allottee.

4.         The allottee shall—

(a) pay to, or to any person authorised by, the Custodian or the Rehabilitation Authority, the rent and any other payments which may become due under this allotment at the time, place and manner specified above ;

(b) take possession of the land within two months of the date on which the order of allotment made by the Custodian or the Rehabilitation Authority is delivered to him ;

(c) not, except as provided in clause 5 below, transfer or charge   the land by any sale, gift, will, mortgage or other private contract, but may lease the land for a period not exceeding three years and, with the consent in writing of the Custodian or the Rehabilitation Authority first had and obtained, lease the land for more than 3 years. Any lease made by the allottee will not exonerate the allottee from his liability to pay rent or to observe the covenants and conditions of this allotment. The lease will, however, automatically terminate when for any reason the allotment terminates ;

(d) on the expiry of the allotment or its earlier termination sur­render the whole or any part of the land, as the case may be to the Custodian, the Rehabilitation Authority or any person authorised in this behalf ;

(e) discharge the obligations of the evacuee or evacuees whose land has been allotted to him and at all times hereafter will and sufficiently indemnify and keep indemnified the Custo­dian or the Rehabilitation Authority against all liability in respect of the land.

 

Exchange.

5.         Subject to such conditions as may be specified by him, the Custodian or as the case may be, the Rehabilitation Authority may allow the allottee to exchange the whole or any part of the Iand for other evacuee land in East Punjab or, with the concurrence of the Patiala and East Punjab States Union, in the territories comprised in the Union.

 

 

 

 

Resumption.

6.         The Custodian or as the case may be the Rehabilitation Authority shall be competent to resume, amend, withdraw or cancel the allotment on any of the following grounds :—

(a) It is contrary to the orders of the East Punjab Government, or the instructions of the Financial Commissioner. Rehabili­tation, or the Custodian, Evacuee Property, East Punjab ;

(b) The allottee has infringed or appear; to be preparing to in­fringe any of the terms of allotment;

(c) The allotment was obtained by false declaration or insufficient information or is contrary to the purpose of rehabilitating the displaced persons;

(d) The area allotted or occupied by the allottee is more than he was authorised to take on allotment or occupy under the instructions issued by the East Punjab Government or the Financial Commissioner, Rehabilitation, or the Custodian, Evacuee Property, East Punjab ;

(e) Where the claims of other parties with respect to the land have been established or accepted by the Custodian or the Rehabilitation Authority;

 

PAGE 196 & 197

 

(d) "Lessee" includes the heirs, legal representatives and sub lessees of the lessee and if there are co-sharers in the lease any liability imposed by this statement of Conditions shall be the joint and several liability of each co-sharer.

 

Period

5.         (1) The lease shall be for a period to be specified in the order of lease made by the Custodian or the Rehabilitation Authority.

 

Purpose.

2. The land shall be used solely for the purpose of cultivation

 

Only the interest of evacuee transferred.

(3) Only the rights, title and interest of the evacuee or evacuee in the land shall be leased

(4) The lessee shall pay a rent to be specified by the Custodian or the Rehabilitation Authority at such time and in such manner as the Custodian or the Rehabilitation Authority may direct.

 

Obligations of the lessee.

(4)        The lessee shall......

(a) pay to or to any person authorized by, the Custodian or the Rehabilitation Authority, the rent and any other payments which may become due under the lease at the time, place and manner specified above;

(b) take possession of the land within two months of the date on which the order of the lease made by the Custodian or the Rehabilitation Authority is delivered to him ;

(c) not transfer or charge the land by sale, gift, will, mortgage or other private contract, but may sub-lease the land for a period not exceeding one year and, with the consent in writ­ing of the Custodian or the Rehabilitation Authority first had and obtained, sub-lease the land for a period exceeding one year. Any sub-lease made by the lessee will not exonerate him from his liability to pay rent or to observe the convenants and conditions of this lease. The sub-lease will, however, automatically terminate when for any reason this lease terminate;

(d) on the expiry of the lease on its earlier termination sur­render the whole or any part of the land, as the case may be, to the Custodian, the Rehabilitation Authority or any person authorized in this behalf ;

(e) discharge the obligations of the evacuee of evacuees whose land has been leased to him and at all times hereafter will and sufficiently indemnify and keep indemnified the Custodian or the Rehabilitation Authority against all liability in respect of the land,

 

Provided that the lessee will not be responsible to the discharge of any obligation or liability occuring before the date of the lease to him.

 

 

 

 

Resumption.

5.         The Custodian, or as the case may be, the Rehabilitation Authority shall be competent to resume, amend, withdraw or cancel the lease on any one of the following grounds :

(a) It is contrary to the orders of the Patiala and East Punjab States Union Government or the instructions of the Secretary, Rehabilitation or of the Custodian, Evacuees Property, Pepsu.

(b) The lessee has infringed or appears to be preparing to infringe, any of the terms of the lease ;

(c) The lessee was obtained by false declaration or insufficient information.

(d) The area leased or occupied by the lessee is more or less than he was authorised to take on lease or occupy under the instructions issued by the Union Government or the Secretary Rehabilitation or the Custodian, Evacuee Property, Pepsu.

(e) Where the claims of other parties with respect to the land have been established or accepted by the Custodian or the Rehabilitation Authority,

(f) When the lessee has been convicted of an offence under the Ordinance or;

(g) If the lessee fails to take possession of the land within the time mentioned in clause 4 (b) above or within such further time as he may be allowed by the Custodian or the Rehabilita­tion Authority, or after having taken possession, fails to culti­vate the land or a part thereof..

 

Quiet enjoyment.

6.         The lessee paying the rent hereby reserved and observing and performing the several convenant conditions and situations herein on his part contained, shall peacefully hold and enjoy the leased land during the said term without any interruption by the Custodian or the Rehabilitation Authority.

 

Recovery of tractor cultivation charges.

7.         If the land leased or any part of it has immediately prior to lease been cultivated at the instance of the Custodian or the Rehabili­tation Authority by means of tractors, the charges in respect of such cultivation shall be recoverable from the lessee in such manner as may be directed by Custodian or that Authority.

 

8.         The lessee who takes possession of land will be deemed to have agreed to be bound by these conditions.

 

NATHA SINGH JASPAL

Secretary To Government.