23. Final statement – The final statement under sub section (6) of section 32-D of the Act, shall be in Form VIII which shall be adopted subject to the modification that the word “Draft” and the form of endorsement appearing thereon shall be omitted.
2[23-A. Prescribed relations for the purpose of section 32-FF of the Act - For the purpose of sections 32 – FF of the Act, that prescribed relations and his descendants , wife’s brother and sister’s husband].shall be the wife or husband, male or female descendants and the descendants of such female ,father , mother, father’s or mother’s sister, brother and his descendants, mother’s brother ]
3[23-B. Allocation of land for the purpose of second proviso to clause (a) of sub-section (10 of section 32-G of the Act.)- Where land in the surplus area exceeds fifty standard acres ,it shall , for the purpose of computing compensation under clause (a) of sub section(1) of section 32-B of the Act be so allocated to sub-clauses (I) (ii) and (iii) of that clause that the Khasra numbers fields or the killa numbers of rectangles, as the case may be, in numerical order, shall first be taken, to form the first two slabs of twenty-five standard acres each and the khasra numbers or killa numbers, as the case may be, remaining there- after shall be allocated to sub-clause(iii) of clause (a) of sub- section (1) of section 32-G of the Act.
Provided that where land in the surplus area is situate in more than one village, the allocation shall be made by taking the land in the different villages in the order in which they appear in a list of the villages prepared in an alphabetical order in English”;
4[24. Form of compensation statement – (1) The compensation statement referred to in sub-section (2) of section 32-G shall be prepared in Form IX and shall consist of two parts- Part A and Part B.
1Instead by Punjab Government Notification
no.188-LR-II –58/3909,dated the 30th July,1958.
2Inserted by Punjab Government notification no.
2169-AIR-(II)-58/3909,dated the 30th July,1958..
3Rule 23-B inserted by G.S.R no. 76,dated 28th
March 1963
4Substituted by Punjab Government notification
no. 848-AIR-II60/607,dated the 23rd February,1960.
(2) When the final statement has been published under sub-section (6) of section 32-D of the Act, the Collector or the Officer authorised by the State Government shall as soon as thereafter as may be practicable, prepare Part A of the Compensation statement in accordance with the principles laid down in the proviso to clause (a) of sub-section (1) of section 32-G of the Act and clause (b) of the aforesaid sub-section.
(3) Part B of the compensation statement shall be prepared by the Collector, the officer authorised by the State Government after the Commission has determined the fair rent of the land and the market value of the building, structure, tube-well or crop, if any, on it.
(2) The compensation determined under sub-rule (2) shall be deemed to be and hereinafter referred as provisional compensation.
24-A Form of notice;- The notice referred to in sub-section (2) of section 32-G of the Act shall be in form X.
1[24-B Mode of Payment of Compensation – (1) A sum up to a maximum of Rs. 2,500 shall be paid in lump sum, in cash, towards the final compensation due for surplus area vesting in the State Government under section 32-E :
Provided that if after payment of the above amount a sum less than Rs. 50 is due as compensation , that too shall be paid in cash simultaneously.
(2) The remaining amount of compensation, if any, worked out after completing Part B of the compensation statement shall be paid in bonds :
Provided that any amount which cannot be covered by bonds shall be paid in cash.
(2) The amount paid in cash under sub- rule (1) shall be deemed to be a part of, and shall be adjusted against, the amount of compensation payable to the person concerned.]
24-C. Issue of voucher for cash payment –(1) Payment of compensation in cash shall be made through vouchers in Form IX- A. The books each containing 100 vouchers and counterfoils shall be kept in double lock and shall, on receipt of a demand in Form IX-B, be issued to the Collector, or the Officer authorised by the State Government, who shall keep the book in his personal custody and shall before commencing use there of, send an intimation to the Treasury Officer, in Form IX-C, .Only one book shall ordinarily be issued by the Treasury Officer to the Collector or the Officer authorised by the State Government at one time.
1Substituted by GSR No. 52, dated 22nd
February, 1963.
(2) A voucher which is not encashed for more than three months from the date of its issue shall cease to be cashable unless it is, on an application by the holder thereof, countersigned and revalidated for payment by the Collector or the failure to obtain payment within three months from the date of issue shall submit the voucher with an application for revalidation of the same. In case of loss, destruction, mutilation of the original voucher, the holder may apply for the issue of until after the expiry of six months from the date of issue of the original voucher and after a non-payment certificate has been obtained from the Treasury Officer.
24-D. Account of voucher;- The Treasury Officer shall keep an account of the vouchers presented and encashed on each day of payment in Form IX-D. The statement in Form IX-D shall be kept in a guard file. Where no payments are made on any day, the Treasury Officer shall prepared a blank statement in Form IX-D. The Treasury Officer shall prepare a the Collector or the Officer authorised by the State Government who shall consolidate the same in district statement to be prepare in Form IX-F and shall forward copies thereof, one each, to the Commissioner of the Division, Additional Secretary Revenue and Finance Secretary to Government, Punjab].
25. Period for removal of building , structure, tube-well or crop from surplus area- Under sub-section (4) of section 32-G of the Act, the period shall be –
(a) Three months from the date on which the final statement is published in the official Gazette, for removing any building, structure or tube-well; and
(b) reasonable time for removing a crop.
Explanation – The extent of reasonable time which shall be determined by the Collector with due to the climatic conditions of the area and other circumstances in which a farmer of average prudence may be expected to harvest his crop once it is ripe.
1[25-A. The prescribed amount payable by the persons to whom land is allotted out of the surplus area in pursuance of a scheme framed by the State Government under section 32-J of the Act shall be equal to the aggregate amount of compensation payable, by the State Government for the surplus area which is allotted to them. When the prescribed amount is not paid in lump sum the interest, if any payable by the State Government on such part of the compensation as is paid in bonds shall also be included in it].
1Added by Punjab Government notification No.
5784-ARI (II)-60/3262 , dated the 14th October, 1960.
1[26. Return in respect of land acquired by a person subsequently – The return under section 32-M of the Act shall be furnished by a person in Form X-A or X-B according as he is a landowner or tenant within three months from the date of publication of Punjab Government ( Revenue Department ) notification No. 2169-A.R.I(II) 59/1659,dated the 20th April,1959, or within a period of three months from the date on which he acquires the land by inheritance, bequest or gift , whichever is later.]
PEPSU
LAND COMMISSION AND FUNCTION THEREOF
2[27. Remuneration payable to Chairman and members of Pepsu Land Commission- The Chairman and members of the Commission shall be paid remuneration for the performance of their duties under sub-section (3) of section 32-P of the Act according to the following scale—
(i) where a retired Judge of the High Court is appointed as Chairman or a retired officer is appointed as member of the Commission , he shall be paid two hundred rupees or one hundred rupees, respectively, for each day on which the commission meets or transacts business :
Provided that the total amount payable for a month shall not exceed the pay drawn by him immediately before retirement minus gross pension .
(ii) In addition to the remuneration mentioned in clause (I), there shall be paid to the Chairman Travelling and Daily Allowances, at the rate of admissible to a Judge of the High Court and to the member at the rate admissible to him on the pay drawn by him before retirement.
(iii) Where a working Judge of the High Court is appointed as Chairman or a working Officer is appointed as member of the Commission, he shall be paid his pay and also Travelling and Daily Allowances on tour rates as admissible under the rules ;
1Inserted
by Punjab Government notification No. 2169-ARI (II)-59/1959, dated the
20th April, 1959.
2Punjab Government notification no.
4265-ARI(II)-59/5239, dated the 24th November, 1959.
(iv) Where non-official is appointed as member of the Commission, he shall be paid one hundred rupees for each day on which the Commission meets or transacts business , provided that the total amount payable for a month shall not exceed Rs.1,000;
1[Provided further that an honorarium at the rate of Rs.100 for every additional sitting exceeding 15 shall be paid to the non- official member if the Commission meets or transacts business for full 20 days in a month, and if the Commission meets or transacts business for less than 20 days in a month, the rate of honorarium after 15 sittings shall be Rs. 60 per
(v) In addition to the remuneration mentioned in clause (iv) ,there shall be paid Travelling and Daily Allowances to the non- official member at the rate of admissible to Class I Officer of the Punjab Government under the Punjab Civil Services Rules , Volume III.
28. Determination of fair rent and classification of soils- (1) Fair rents shall be determined by the commission for each assessment circle as recognised at the last Settlement.
(2) In determining fair rents, the Commission shall,
(1) follow the principles laid down in rules 1 to 12 of the Land Revenue Assessment Rules ,1929, which shall be applicable mutatis mutandis and subject to the amendment that the average yield per acre of any crop given in the last Settlement report shall be adopted; and-
(2) take into account such other factors, not being in consistent with the provisions of the Act and these rules , as it may consider necessary.
(3) The Commission shall, as for as possible, adhere to the classification of soils as adopted at the last settlement, and where it feels that owing to any circumstances which may have developed since the last Settlement, reclassification of soils in any area has become necessary , it shall, while reclassifying soils, keep in view the principal that classification should be as simple as possible and be based on broad differences of a fairly permanent character which effect in a marked degree the economic rental of the land.
1Added by Punjab Government
notification No. 4725-ARI-(II)-61/2514, dated the 22nd July, 1961.
29. Determination of market value of building , structure, tube-well or crop -(1) In determining the market value of any building, structure or tube-well, the commission, shall take into account the advice of the Chief Engineer P.W.D., Punjab, concerned or any other officer nominated by him.
1[ * * * *.]
2[30. Exemption of orchards where they constitute reasonably compact areas, specialized farms engaged in cattle breeding, dairying or wool raising and sugarcane farms operated by sugar factories - In advising the State Government with regard to exemption of orchards constituting reasonably, compact areas or specialized farms engaged in cattle breeding, dairying or wool raising, or sugarcane farms operated by sugar factories from the ceiling in accordance with the provisions of section 32-K of the Act, Commission shall take into account the following factors:-
(1)
In the case of orchards constituting reasonably compact areas ,-
(i) It is in existence on the date of the commencement of the Pepsu Tenancy and Agricultural Lands(Second Amendment) Act, 1956 and is recorded as orchard in the Khasra Girdawari of kharif harvest 1956; or if alleged to have been planted under clause (vi) of sub-section (1) 0f section 32-K of the Act, is recorded as orchard in the Khasra Girdawari of kharif harvest of 1958;
(ii)
it is primarily
used for fruit gardening; and
(iii)
plantation in it is regular and according to
recognised principles of horticulture.
(2) In the case of specialized Farm engaged in cattle breeding and
dairying,-
(i) (a) the number of adult animals of standard breed including one bull of the same breed shall not be less than twenty-one and whole area shall not be more than twenty-one standard acre;
(b) an additional area of one standard acre per additional animal shall form part of the farm if the number of adult animals of standard breed exceeds the number of animals prescribed in sub-clause (a);
1Sub-rule (2) omitted by GSR No. 76, dated 28th
March, 1963.
2Rule 30 substituted by GSR 85, dated 17th
March, 1964, with effect from 30th October, 1956.
Explanation.-The adult animals of standard breed shall be-
(i) for breeding purposes-
(a) Cows of-
(i) Hariana breed, for plains except Kapurthala District;
(ii) Sahiwal breed for Kapurthala District;
(iii) Jersey crosses and Red Sindhi breed for hilly areas.
(b) Buffaloes of-
(i) Nili for the area lying to the north of Sirhind canal, and its Abohar Branch, Faridkot Tahsil and hill areas.
(ii) Murrah for the rest of the areas.
(ii) for dairying purpose-
(a) Cows of-
(i) Sahiwal for plains.
(ii) Jersey crosses and Red Sindhi for hilly areas.
(b) Buffaloes of Murrah and ;Nili breeds, for all the areas
(3). In the case of Specialized Farm engaged wood raising-
(i) (a) the unit shall comprise not less than 100 sheep of standarded breed and whose area shall not be more than twenty standard acres and
(b) an additional area of one standard acre for every additional unit of 5 sheep of standard breed shall form part of the farm if the number of sheep of standard breed exceeds the number of sheep prescribed in sub-clause (a).
Explanation - The sheep of standard breed shall be
|
(i)
|
Magra |
for plains |
|
(ii)
|
Chokla |
|
|
(iii)
|
Nali(Small and large) |
|
|
(iv)
|
Lohi |
|
|
(v)
|
Hissar Dale
|
|
|
(vi)
|
Gaddi |
For hilly areas |
|
(vii)
|
Exotic crosses |
Notes- Hilly areas’ shall comprise Kandaghat Sub Division Nalagarh Sub-Division and Panjaur Kanungoi.
Plains shall comprise remaining parts of Patiala District, Kapuprthala, Sangrur, Bathinda and Maherdragarh Districts.
(4) In the case of Sugarcane Farms operated by Sugar factories- A Surgar cane Farm operated by a Sugar Factory eligible for exemption from the ceiling is a farm operated by a sugar factory in which twenty or more workers are working, or were working on any day during the proceeding twelve months and in which any manufacturing process connected with the production of sugar is being carried on or is ordinarily carried on with the aid of power;
Provided that the commission may also take into account the following factors:-
(1)
In the case of
specialised farm, engaged in cattle breeding and dairying_
(i) milk records of individual animal are maintained;
(ii) history sheets of the animals and their progeny are maintained;
(iii) culling of undesirable progency is carried out;
(iv) the bull is replaced after every 3 years to avoid ill-breeding.
(v) the anijmals are tested against Tuberculosis and Brucellosis periodically;
(vi) cleanliness and principles of milk by hygiene are adhered to;
(vii) animals are branded or tattooed for purposes of identification;
(viii) one third area of the farm is used for growing green leguminous fodder crops and no cash crops are sown thereon;
(ix) in case of a unit exceeding 100 animals, the landowner has employed full time qualified Dairy or Veterinary personnel and
(x) free inspection of the farm by the Officers of the Animal Husbandry Department once a year is allowed.
(2) in the case of a specialised farm engaged in wool raising-
(i) the wool record of individual animal is maintained.
(ii) culling of undersirable progeny is carried out;
(iii) flock is tested for Brucellosis periodically;
(iv) the ram is replaced after every two years;
(v) in case of unit exceeding 500 animals, the management has engaged full-time qualified Veterinary personnel ;
(vi) animals are branded or tattooed for purposes of identification;
(vii) one-third area of the farm is under leguminous fodder crop and the remaining two-third area is reserved for grazing purposes; and
(viii) free inspection of the farm by the officer of the Animal Husbandry Department once a year is allowed.]
1[31 Exemption of efficiently managed farms—(1) Any person claiming exemption from the ceiling under clause (iv) of sub-section (1) of section 32-K of the Act, shall also furnish information in Form XI to the Collector along with form VII-A or Form VII-B, as the case may be ,and where form VII-A or VII-B , as the case may be has already been furnished to the Collector under rule-17 –A of the Pepsu Tenancy and Agriculture Land Rules ,1953, Form XI shall alone be furnished within one month of the publication of these rules or within such further period as Government may notify.
(2) The features and the maximum marks to be awarded for each feature referred to in clauses (a) and (b) of sub-section (4) of section 32-K of the Act shall be given in Schedule B.
(3) The Crops and the standards of yield are standard acre of each such crop for the purposes of clauses (c), (d) and (e) of sub section (4) of section 32-K of the Act shall be given in Schedule C.
(4) The information referred to in sub-section (5) of section 32-K of the Act shall be furnished by the landowner to the collector in Form XII personally or through his recognised agent or by registered post (acknowledgment due). information in the aforesaid Form shall be furnished –
(i) in the case of Rabi harvest, before the 31st July; and
(ii) in the case of Kharif harvest, before the 31st January :
Provided that information in respect of harvests prior to and including Kharif, 1962 , shall be furnished before the 31st July,1963.]
1Substituted by G.S.R 76,
dated 28th March,1963,with effect from 30th october,1956
.
1[31-A Awarding of marks to farms growing non- prescribed crops- Where the Pepsu Land Commission finds that is not possible to award to a farm marks relating to the feature of yield of crops because crops which have not been prescribed are sown in the farm, the Commission may award to such farm marks relating to the feature of yield in the same manner as if the crops so sown are prescribed crops :
Provided that the standard yields of the crops so sown shall be taken to be fifty percentum in excess of the average yield of such crops in the locality in which the farm is situated.]
MISCELLANEOUS
32. Form and manner of appeals – (1) An appeal under section 39 of the Act shall be preferred either personally or through a recognised agent.
(2) An appeal or revision, as the case may be, shall be on-
(a) one rupee court fee stamp paper ,when made to the Collector :
(b) two rupees court fee stamp paper, when made to the Commissioner; and
(c) four rupees court fee stamp paper, when made to the Financial Commissioner.
33. Procedure – In all proceedings, under the Act, the Collector or any other Officer shall observe the same procedure as is prescribed for Revenue Officers by the provisions of the Punjab Tenancy Act, 1887 :
Provided that ,where a Collector or the other Officer is satisfied that no issue of major importance is involved in the proceedings, it shall not be necessary for him to take down the evidence of all the witnesses in writing at length and it would be sufficient if the Collector or such other Officer, as the examination of each witness proceeds, prepares a memorandum of the substance of what he deposes and such memorandum shall form part of the record and in other cases, the evidence of all witness shall be recorded in full in the form of a narrative and shall be read out to the witnesses and after, being corrected , if necessary, shall be signed by the Collector or such other Officer, as the case may be.
34. Court fee. – Save as otherwise provided in these rules, all applications made under the provisions of the Act shall bear one rupee court fee stamp and process fees shall be chargeable as prescribed by or under the Court Fees Act, 1870 (Act VII of 1870).
1Rules 31-A inserted by G.S.R
No. 76,dated 28th March, 1963, with effect from 30th
october,1956.
35. Manner of service of notices or orders —Save as otherwise provided in these rules, notices or orders under the Act shall be served in the manner provided in section 90 of the Punjab Tenancy Act, 1887 (Act No. XVI of 1887).
36. Cancellation of the Pepsu Tenancy and Agricultural Lands Rules, 1953- The Pepsu Tenancy and Agricultural Lands Rules,1953, notified with the erstwhile Pepsu Government notification No. 148, dated the 22nd December ,1953,as amended by Punjab Government, Revenue Department ,notifications No.221-LRR –(CH)-57/3276-A, dated the 2nd August,1957 and No. 221-LRR (CT)-57/II/4631, dated the 4th October, 1957, are hereby cancelled ;
Provided that, notwithstanding the cancellation of the said Rules, anything done or any action taken in the exercise of any power conferred by or under the said Rules shall be deemed to have been done or taken in exercise of the powers conferred by or under these Rules,as if these Rules were in force on the day on which such thing was done or action was taken.