FORM ‘A’

 

Application under Rule 10 of the Nazool Lands (Transfer) Rules, 1956

 

To

            The Collector,

            ____________

 

Sub:     Application for transfer of Nazool Land.

 

Sir,

            A Cooperative Society of the following noted heads of the Scheduled Castes families of Vill___________ Tehsil_____________District____________ for the purpose of Cooperative farming, has been formed and got registered under the Cooperative Societies Act 1912.

1.                  _____________S/O_____________

2.                  _____________S/O_____________

 

As Nazool Land measuring___________bighas/kanals situated in village ______________is available for transfer, it is requested that the same may be transferred to the society for cooperative farming. The society undertakes to abide by the provisions of Nazool Lands (Transfer) Rules, 1956.

 

                                                                                                                        Yours faithfully,

 

Dated___________                                                                                                     (Signature of the President/

Place____________                                                                                                    Secretary for the Cooperative

                                                                                                                                    Society of Village_________).

 

Form ‘B’

 

Certificate of transfer of Nazool land to the Cooperative Society/Individual member of Scheduled Caste under Rule 11 of the Nazool Lands (Transfer) Rules 1956.

 

            WHEREAS Nazool Land measuring___________________ and comprising field Nos.__________________ situated in village_____________ Tehsil______________ District_______________ was agreed to be transferred by the Governor of Punjab in favour of the ___________________ Cooperative Society Limited/Shri ______________

(hereinafter referred to as the said Cooperative Society/Shri______________ ), on the terms and conditions contained in agreement dated _____________ executed between the Government and the said Cooperative Society/Shri__________________.

 

            AND WHEREAS the said Cooperative Society/Shri_______________ has paid to the Government all the instalments of price in respect of the said Nazool Land, that is to say, the whole of the price amounting to Rs.________________________.

 

            AND WHEREAS, in pursuance of Rule 11 of the Nazool Lands (Transfer) Rules, 1956, it is hereby certified that the Government has transferred absolutely to the said Cooperative Society / Shri_____________________ all rights, title and interest in the said Nazool land in lieu of payment of Rs._______________ which sum has been paid by the said Cooperative Society/Shri__________________ vide Treasury Receipt(s)No.(s) _________dated______________ subject to the condition that the said Cooperative Society/Shri_______________ shall not alienate or sell or mortgage the land, permanently or temporarily to any one and the land shall go down only in inheritance*.

 

*     (Added vide Notification No. 14/2/90-LR-III/4468, dated 18th March 1991)                                                                 

       Collector District

                                              For and on behalf of the Governor of Punjab.

 

 

FORM B-I

 

Certificate of transfer of Nazool land to the auction purchaser under rule 11 A of the Nazool Lands (Transfer) Rules 1956.

(Prescribed vide Notification No. 14/26/81/LR-III/8610,dated 19/6/85)

           

 

WHEREAS Nazool land measuring__________and comprising field Nos._________ situated in village_________ Tehsil_________ District___________ was agreed to be sold by the Governor of Punjab in favour of the auction purchaser Shri_______________ on the terms and conditions contained in agreement dated ______ executed between the Government and the auction purchaser.

 

2.         AND WHEREAS the said Shri_________ auction purchaser has paid whole amount of bid in respect of said Nazool land and other Government dues in respect of this land, that is to say the whole of the price amounting to Rs.___________.

 

3.         NOW THEREFORE, in pursuance of Rule 11 of the Nazool Lands (Transfer) Rules 1956, it is hereby certified that the Government has transferred absolutely to the bidder Shri__________________ all rights, title and interest in the said, Nazool land in lieu of payment of Rs.___________ which has been paid by the said bidder, vide Treasury receipt (s) No.(s)____________ dated________ .

 

4.         This certificate is given under my hand and seal this day of ____________.

           

Collector District

                                                            For and on behalf of the Governor of Punjab.

 

From                                                                                       

            Shri Amar Nath PCS

            Under Secretary to Govt. Punjab

            Revenue Department.

To

            All the Deputy Commissioners in Punjab.

            Memo No. 4573-JN(IV)63/3614

            Chandigarh, dated the 3rd July 1963.

 

Sub:     Allotment of Nazool land to the Cooperative Societies of Scheduled Castes under Nazool Lands(Transfer) Rules 1956.

 

A form of certificate which amounts to sale deed prescribed for transferring Nazool Lands under rule 11 of the Nazool Lands (Transfer) Rules 1956, has been forwarded to all the DCs in Punjab vide this Deptt. Memo No. 4377-JN(IV)-63/2183, dated the 23rd April 1963. A copy thereof has also been forwarded to you. This certificate is to be signed by the Collector of the Distt. on behalf of the Govt.

 

2.         It may, however, be pointed out that this certificate is not required to be registered vide Section 90 of the Indian Registration Act, 1908, but shall have to be duly stamped.

 

3.         For Commissioner, Ambala Division only.

            This disposes of his memo No. 4853-M/90-35-A/RA/10234, dated the 9th April, 1963.

                                                                                    Sd/- U.S.R. II.

 

No.4573-JN(IV)-63/3615                   Chandigarh dated the 3rd July 1963.

            A copy is forwarded to all the DCs in Punjab for advance information and necessary action.

                                                                                    Sd/- U.S.R.II.

From

            Shri Amar Nath PCS

            Under Secretary to Govt. Punjab

            Revenue Department.

To

            All the Deputy Commissioners in Punjab.

 

            Memo No. 7945-JN(IV)63/4101

            Chandigarh, dated the 23rd July 1963.

 

Sub:     Allotment of Nazool lands under Nazool Lands (Transfer) Rules 1956.

 

            Several cases of abuse of the powers to allot Nazool lands under the Nazool Lands (Transfer) Rules 1956, have come to the notice of Government. Particularly, very valuable lands worth lacs of rupees within municipal limits have been allotted under these Rules. Only the Nazool Lands (escheated lands) as defined in these rules can be allotted for agricultural purposes under these rules. Moreover, it was made clear in Punjab Government memo No. 2846-JN (IV)-58/3481,dated the 28th April 1958 (Copy enclosed for ready reference) that the provisions of Nazool Lands (Transfer) Rules, 1956 do not apply to the lands situated in municipal limits. Any allotment of Nazool Land made in contravention of these rules is void which should be re-examined. It should be ensured that no allotment of land situated within municipal limit of the town, is made under these rules to any one. The Government instructions in this connection should be carefully and scrupulously observed in future.

 

2.         Kindly acknowledge receipt of this communication.

     

                                                                  Under Secretary, Revenue II

 

From

            Shri Amarjit Singh PCS

            Under Secretary to Government

            Punjab, Revenue Department.

To

            The Commissioners,

            Jalandhar and Patiala Divisions.

 

            Memo No. 228-JN(II)67/651

            Chandigarh, dated the 3rd February 1967.

 

Sub:     Allotment of Nazool land to the Cooperative Societies of Scheduled Castes under Nazool Lands (Transfer) Rules 1956.

 

            It has been brought to the notice of Government that in certain districts, it is being insisted upon that the certificates in form ‘B’ issued in favour of the Cooperative Societies under rule 11 of the Nazool Lands (Transfer) Rules, 1956, are required to be stamped, in view of the instructions contained in Punjab Government Memo No. 4573-JN(IV)-63/3614, dated the 3rd July 1963 (Copy enclosed). It is hereby clarified that all instruments executed by or on behalf of Societies registered under the Cooperative Societies Act are exempt from the Stamp Duty in the State since 1948 as per Punjab Government notification No. 3088-E&T, dated the 15th July 1948.

 

2.         As such the aforesaid certificates in form ‘B’ when issued in favour of Cooperative Societies are also exempt from the levy of stamp Duty.

 

3.         The instructions issued vide Punjab Government memo No. 4573-JN(IV)-63/3614,  dated the 3rd July 1963, may therefore, be treated to have been modified accordingly.

 

Under Secretary to Government

Punjab, Revenue Department.

 

From

 

            Shri Darshan Kumar IAS

            Deputy Secretary to Government

            Punjab, Revenue Department (II)

To

            All the Deputy Commissioners in the Punjab State.

            Memo No. 5226-RIII-70/8408

            Chandigarh, dated the 28th October 1970.

 

Sub:     Execution of agreement in respect of Nazool Land allotted under the Nazool Lands (Transfer) Rules 1956.

 

            A revised specimen of agreement form is sent herewith. The allottee(s), to whom the land is allotted under the Nazool Lands (Transfer) Rules 1956, should be asked to execute the agreement in this form on stamp paper of requisite value.

           

                                                                        Deputy Secretary to Government

                                                                                    Punjab, Revenue (II) Department

           

 

No. 5226-RIII-70/8409           Chandigarh, dated the 28th October 1970.

 

            A copy, alongwith a copy of its enclosure is forwarded to the Commissioner, Patiala and Jalandhar Division for information.

 

 

                                                                                    Deputy Secretary to Government

                                                                                    Punjab, Revenue (II) Department

AGREEMENT

( Read  with instructions dated  28/10/1970 )

 

This agreement made this____________day of___________ between the Governor of Punjab (hereinafter called the Government) of the one part and Society registered under the Punjab Cooperative Societies, Act 1961 having its registered office at ____________ Shri______________(hereinafter called the transferee) of the other part.

 

            Whereas on the request of the transferee the Government has agreed to allot ____________acres of Nazool land comprised of Khasra Nos._____________ situated in village ____________ Tehsil _________ District _______ (hereinafter referred to as the land) on the terms and conditions hereinafter contained.

Now the parties here to hereby agree as follows:

1)                  In consideration of the Government agreeing to transfer to the transferee the land herein before mentioned on the terms and conditions herein contained the transferee hereby agrees to pay an amount of Rs.___________ as the price of the land in 20 equal six monthly instalments. The instalments shall be paid on or before___________ and ___________ of each year alongwith the land revenue, if any, payable on the aforesaid land. The first instalment shall be paid on _________ Provided that the transferee shall also be at liberty to pay the entire balance amount due or any portion thereof at any time before the due date.

2)                  If at any time, before the payment of the last instalment, the transferee declines to purchase the said land or the transferee being a cooperative society is dissolved, land shall revert to the Government. In such an event the transferee shall be liable to pay the amount of instalments for the period the land remained with it/him or the amount of lease money for the aforesaid period to be fixed by the Collector of the relevant District whichever may be lesser.

3)                  The ownership of the land shall be transferred to the transferee only after the full price thereof has been paid by it/him.

4)                  Till the expiry of a period of 10 years from the date the transferee gets the ownership of land, it/he shall not sell, mortgage or otherwise transfer or in any manner part with the possession of the whole or any part of the said land except with the express permission in writing of the State Government obtained in advance. The alienation of land, therefore, shall be strictly restricted to the Scheduled Castes only.

5)                  In case the transferee shall commit default in the payment of any two instalments, on due dates or if the transferee shall at any time fail or neglect to perform and observe any of the terms and conditions herein contained on its/his part to be observed and performed, then the Collector________ may not withstanding the waiver of any previous cause and without prejudice to any other rights and remedies, forthwith determine this agreement and resume possession of the said land by evicting the transferee therefrom. In such an event the transferee shall be liable to pay the amount of instalments for the period the land remained with it/him or the amount of lease money for the aforesaid period to be fixed by the Collector, whichever may be lesser.

6)                  In case the transferee is cooperative society and fails to pay any instalment on the due date the Government shall be entitled to recover the same as arrears of land revenue.

7)                  All the disputes and differences arising out of or in any way touching or concerning this agreement shall be referred to the sole arbitration of the Financial Commissioner, Revenue, Punjab acting as such at the time of reference. It will be no objection to such appointment that the arbitrator so appointed is a Government Servant, that he had to deal with the matters to which this agreement relates and that in the course of his duties as such Government servant he has expressed his views on all or any of the matters in dispute or difference. The award of such arbitrator shall be final and binding on the parties to this agreement. In witness whereof the parties to this agreement have here to signed on the dates respectively mentioned under their signatures in the ____________ year of Republic of India in the presence of :

                                         

                                                                                                                                          Sd/-

Dated_______                                                                                                             (For and on behalf of the Society

            Shri____________)

           

  1. Witness______________

Dated________________

  1. Witness______________                                                         

Dated________________

                                                                                    Sd/-

                                                          (For and on behalf of the Governor of Punjab)

From

            The Under Secretary to Govt. Punjab

            Revenue Department

To

1.                  All the Commissioners of Divisions in the State.

2.                  All the Deputy Commissioners in the State.

 

Memo No. 14/46/78-LR-III/13137

Chandigarh,dated 9/9/81

 

Sub:     Disposal of Nazool land/building sites.

Ref:      This department memo No. 14/46/78-LR-III/13355, dated 4/8/1981.

 

            The matter about the procedure to be followed for the disposal of Nazool lands/building sites has been considered again. The disposal of such land is governed by the Nazool Land (Transfer) Rules 1956 as amended from time to time which has the approval of Council of Ministers and the functions of Revenue Department under these Rules cannot be taken over by a High Level Committee constituted by the Finance Department. On this corollary, such cases at the district level are also not referable to the District Level Committee. It has, therefore, been decided that as these matters fall within the purview of Deputy Commissioners/Commissioners/Revenue Department, you should dispose of such cases strictly according to the provisions of the Nazool Land (Transfer) Rules 1956 as amended from time to time and the Punjab Financial Rules Vol-I, Part-I. The instructions issued by the Finance Department vide their notification No. 653-2B&C-76/5575 dated 25/2/1976 and No. 17-2B&C-76/721, dated 7/1/1976 are not applicable in such cases. Therefore, the instructions issued vide this Department’s memo dated 4/8/1980 referred to above are rescinded. (To repeal).

           

                                                                        Under Secretary to Govt. Punjab

                                                                                    Revenue Department.

Punjab Government

Revenue Department

(Land Revenue Branch)

 

To

 

            The Deputy Commissioner,

            Kapurthala (By name).

 

            Memo No. 14/23/79-LR-III/5080

            Chandigarh dated 14/5/84

 

Sub:     Sale/allotment of Nazool Land.

Ref:      Your memo No. 4600/DRA, dated 15/11/1983.

 

            In your communication referred to above, a clarification has been sought as to whether sale certificates can be issued in case of Nazool lands said to have been allotted in 1968 within the revenue estate of Kapurthala. Obviously there seems to be no difference in the boundaries of revenue estate of Kapurthala and those of Municipal Committee, Kapurthala as the latter will include the entire revenue estate of Kapurthala proper apart from any other revenue estates covered because of the extension of municipal limits. It is very well known that the Nazool land in a Municipal area is not allottable at all under the provisions of rule 2(d) (i) of Nazool Land Transfer Rules 1956 which was very much applicable in the Distt. Of Kapurthala which was part of the erstwhile State of Pepsu on 28th May 1956 and were extended to the areas of the composite State of Punjab on 8th August 1957. From August 1973 (This Deptt Memo No. 4060-R-III-73/9945 dated 8/8/1973) a ban was also imposed on the disposal of Nazool land, which fell within the periphery of two miles from the Municipal limits. Thus, it is very much clear that the Nazool land falling within the rev. estate of Kapurthala which is covered within the Municipal limits of Kapurthala was not to be allotted to any person in 1968 as stated in your memo referred to above. It appears that these allotments are very much related to those persons for whom Sh. Jagjit Singh Bhandari, Darshan Singh and others of Kapurthala Town have been making representations from time to time. In that case, the orders of Government have already been conveyed to you vide this deptt memo No. 14/23/79-LR-III/6067 dated 31st May, 1983, a copy of which was lastly supplied through a DO letter No. 14/23/79-LR-III/3226, dated 6th March 1984, to the Distt Revenue Officer, Kapurthala under a registered post. In that case, it had already been conveyed that the representation of S/Sh Jagjit Singh Bhandari, Darshan Singh and others of Kapurthala Town for the sale of Nazool land situated in Kapurthala Town to the unauthorized occupants was considered and rejected. For this reason, you were required to take action in the matter in accordance with the law and rules applicable to this Government land. It is, therefore, again clarified that you should take action to :

i)                    Cancel all such allotments of Nazool land made in 1968 or at any other time as this land was not allottable in accordance with the Nazool Land Transfer Rules, 1956;

ii)                   Charge rent from the occupants for the period Government land remained in their possession; &

iii)                 Dispose of this land in accordance with the latest policy of this Deptt laid down vide memo No. 14/26/81-LR-III/1716 dated 20/2/1984.

2.         You are further requested to please check up whether any such irregular and illegal allotments of Nazool land or any other Government land falling within the Municipal limits and upto two miles from the Municipal limits were made in any other Municipal Towns of your Distt. The details of such irregular and illegal allotments may please be supplied to the Govt. for similar action as in the case of Kapurthala Town.

 

3.         You are requested to please send an immediate report about the action taken on the points mentioned above and the results thereof to this Department.

 

            Its receipt may please be acknowledged.

                                                                       

                                                                        Under Secretary Revenue

Government of Punjab

Department of Revenue

(Land Revenue Branch)

 

To

            All the Deputy Commissioners in the State.

            Memo No. 26/4/85-LR-III/16253

            Chandigarh dated 13/9/1989

 

Sub:     Allotment of Nazool land in rural areas.

 

            According to rule 3 of the Nazool Land (Transfer) Rules, 1956 the agricultural Nazool land in rural areas is allottable either to the Scheduled Castes Cooperative Societies which were formed by the 16th May, 1964 or individual Scheduled Castes. In para 7 of Govt Memo No. 14/26/81-LR-III/1716 dated 20/2/84 it was also provided that such agricultural Nazool (escheated) land which has not been allotted and for which no eligible persons are available for allotment under the Nazool Land (Transfer) Rules, 1956, should be sold in restricted auction according to prescribed procedure, amongst the Scheduled Castes who are dependant on agriculture and do not own more than 10 acres of land. It was also provided that a member of the Scheduled Castes who owns less than 10 acres of land will be allowed to bid only to the extent that the land for which bid is given together with the land owned by him, does not exceed 10 acres.

 

2.         It has been observed that the Nazool land available in rural areas has not been allotted to eligible members of Scheduled Castes, which shows that necessary steps were not taken to allot this land to the eligible Scheduled Castes under the rules ibid. In-action in this regard has adversely affected the socio-economic targets fixed by the Govt and this is also against the policy of Govt. aiming at uplifting the Scheduled Castes.

 

3.         Keeping all these factors in view, it has been decided that Agricultural Nazool Land available in the rural areas should be allotted to eligible landless Scheduled Caste families by drawing lots at the rate of three acres of irrigated land, or six acres of un-irrigated land or nine acres of Banjar land at the rate specified in the rules by drawing lots. Where the land available is less than the limits prescribed above the same may be allotted to the Scheduled Caste person. The lots will be drawn by an officer not below the rank of Sub Divisional Officer (C) under his personal supervision.

 

4        You are, therefore, requested to take immediate necessary action in this regard and allot the available Nazool land in rural areas to Scheduled Castes within 15 days from the issue of this letter and a compliance report be submitted to Government.

 

5.         The receipt of this communication may kindly be acknowledged.

 

                                                                        Under Secretary to Govt Punjab

                                                                        Revenue Department

 

Endst No.26/4/85-LR-III/16254                      Chandigarh dated 13/9/1989

 

            A copy is forwarded to all the Commissioners in the State for information and necessary action.

 

2.         They are requested to ensure the compliance of these instructions and necessary report got submitted to Government immediately.

           

                                                Under Secretary to Govt Punjab

                                                                        Revenue Department

 

 

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