THE PUNJAB UTILIZATION OF SURPLUS AREA
SCHEME, 1973
Contents
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Subject |
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1 |
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2 |
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4 |
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5 |
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6 |
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Allotment of land to
eligible persons in other revenue estates |
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10 |
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Conferment of proprietary
rights on tenants allotted surplus land under the Punjab law |
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1. Short title and commencement - (1) This scheme may be called the Punjab Utilization of Surplus Area Scheme, 1973.
(2)
It shall come into force at once.
2. Definitions - In
this scheme, unless the context otherwise requires;-
(a)
"Act" means the Punjab Land Reforms Act, 1972;
(b)
"alottee" means a person who is allotted or is deemed to have been
allotted
land under this scheme;
2[(c)
"eligible person" means a major person who has been residing in the
State of Punjab for
a period of five years before the commencement of
this scheme and is
primarily engaged in agriculture as his occupation
and who is-
(i) a tenant, or a member of Scheduled Caste
or Backward Class and does not own or hold any land or owns or holds land less
than two hectares of the first quality land or its equivalent area, or
(ii)
a ladles agricultural worker].
(d)
"from" means a form appended to this scheme;
(e)
"Rules" means the Punjab Land Reforms Rules, 1973;
(f)
all words and expressions used herein and not defined but defined in the Act or
rules shall have the meanings assigned to them in the Act or the rules, as the
case may be.[1]
3. Application
by eligible person. - An eligible person may make an application to the
Circle Revenue Officer in Form I for allotment of land comprised in the surplus
area. Such an application shall be made within three months of the date of
commencement of this scheme or within such extended period as may, for reasons
to be recorded, be allowed by the Circle Revenue Officer.
4. Power
to proceed suo motu - Proceedings for allotment of land comprised in the
surplus area may also be initiated suo motu by the Circle Revenue Officer.
5. Procedure to be observed by Circle Revenue officer - When an application is made under paragraph 3 or when the Circle Revenue Officer suo motu initiates proceedings under paragraph 4, he shall, after giving the persons seeking allotment or being considered for allotment, an opportunity of being heard and after making such summary inquiry, as he may consider necessary prepare a statement for each revenue estate, indicating:-
(1) particulars of each eligible person,
(2) the land, if any, owned or held by each
such person;
(3) the area which can be allotted to each
such person under the
Act;
and
(4) the revenue estate or estate for which
such person indicates
preference
for allotment of land, in case no area is available for
allotment
in the revenue estate where he resides.
6. Procedure for allotment of surplus area – (a) After the procedure prescribed in paragraph 5 has been followed, the Circle Revenue Officer shall prepare a list of all eligible persons for each revenue estate in such a manner that the persons who do not own or hold any land are placed at the top and the persons who own or hold any land are placed, according to the area possessed by each, in an ascend.
Provided that where more than once
person have equal claims, their names in the priority list shall be arranged by
drawing of lots by the Circle Revenue Officer so that a person, whose lot is
drawn first, gets preference over the persons whose lots are drawn
subsequently.
(b) The
Circle Revenue Officer shall also prepare a list of Khasra numbers (with area)
of the land comprised in the surplus area available for allotment in a revenue
estate mentioning such numbers in the numerical order. Where there are killas
and rectangles, the numerical order of the rectangles shall be observed first
and then of killas in each rectangle.
(c) The record of each case along with the
lists referred to in sub-paragraphs (a) and (b), shall be the surplus area to
eligible persons in order of the priority shown in the lists prepared under
sub-paragraph (a):
Provided
that a tenant cultivating the surplus area shall be allotted land cultivated by
him subject to the condition that the land allotted to him together with the
land already owned by him does not exceed 2 hectares of the first quality land
or an equivalent area.
(d) The
allotment of the surplus area determined under the Punjab Law and the Pepsu Law
may be undertaken before the determination of the surplus area under the Act.
Such area shall be allotted to eligible persons, who have made application
under paragraph 3 of this scheme 1[or are considered eligible for allotment
under paragraph 4].
2[(e)
where mortgagee rights in respect of
any land falling within the surplus area have vested in the State Government
under the proviso to section 8 of the act, such land shall not be allotted to
any person until the Government becomes its full owner. The Government may give
such land on lease to any person from year to year].
7. Allotment
of land to eligible persons in other revenue estates - If any eligible
person cannot be allotted land in the revenue estate in which he resides, the
Collector may, having due regard to his preference, allot him surplus area in
any revenue estate in which it is available.
In
making such allotment, the Collector shall endeavour to allot him land in any
other revenue estate nearest to his village of residence, as far as possible,
in the following order:-[2]
(i)
in the parwar circle;
(ii)
in the Kanungo circle, if no land is available in the patwar circle.
(iii)
in the tahsil, if no land is available in the Kanungo circle;
(iv)
in the district, if no land is available in the tahsil;
(v)
in some other district, if no land is available in the district.
(2)
If more than one eligible person seek or are being considered for allotment of
land in a revenue estate other than the revenue estate in which they reside,
the principals mentioned in paragraph 6 shall, as far as possible, apply.
8. Issue
of certificate - Each allottee shall be given a certificate in Form II by
the Collector, A copy of the certificate shall be sent to the Circle Revenue
Officer.
9. Delivery
of possession - (1) After making the allotment under paragraph 6 or 7, as
the case may be, the Collector shall also pass an order for delivering
possession of the land to the allottee under sub-section (1) of section 9 of
the Act. On receipt of such an order, the landowner, the tenant or any other
person in possession of such land shall deliver possession of the land
mentioned in the order to the allottee.
Provided
that where the circumstances of the case so require the Collector may, for
reasons to be recorded, pass an order for delivering possession of the land to
him or to an officer authorised by him in that behalf and on the issue of such
an order the landowner, the tenant or any other person in possession of such
land shall deliver possession accordingly.
(2)
The possession of the land shall be given to the allottee after the crops are
harvested. If, however, the Collector deems it necessary to deliver possession
of the land to an allottee before crops shall be prepared before giving
possession. A copy each of the statement shall be furnished to the landowner,
tenant or any other person in possession of such land and to the allottee.
9-A When the possession of the
surplus area is taken by or on behalf of the Stet Government the mutation in
respect of such area shall fist be entered in favour of the State Government
and when the allottee has become an owner of that area in accordance with the
provisions of that sub-paragraph (d) of paragraph 10 the mutation shall
bantered in his favour.
10. Conditions
of allotment - The allotment shall
be subject to the following terms and conditions:-
(a) where
possession of land is given with standing crops, the allottee shall in lump sum
to the landowner or tenant, or any other person in possession, as the case may be, who had raised the crops,
compensation to be determined by the Circle Revenue Officer in accordance with
the provisions of the Punjab Tenancy Act, 1887,
within two months of the determination of the compensation by the
circle Revenue Officer or the harvesting of the standing crop or crops
whichever period expires later.
(b) the
allottee shall be liable to pay all Government dues, including land revenue,
surcharge, special charge, special assessment, abiana, consolidation fee, in
respect of the land allotted to him, from the date he takes possession of the
land.
(c) the
allottee shall be liable to pay for the land an amount determined on the
following basis:-
(i) land under assured irrigation and capable
f yielding at least two crops a year twelve times the fair rent or Rs. 5,000
per hectares, whichever is less;
(ii) land under assured irrigation for only one
crop in a year-twelve times the fair rent or Rs. 3,500 per hectare, whichever
is less;
(iii) barani land-twelve times the fair rent or
Rs. 1,750 per hectare, whichever is less;
(iv) Bhud, Sailab, Bet-Barani, Bet Sailab, Dakar
Rosli Banjar Jadid having no means of irrigation and uncultivated Thur, Sem and
Kaller lands-twelve times the fair rent or Rs. 1,750 per hectare, whichever is
less;
(v) banjar land-twelve times the fair rent or
Rs.1,500 per hectare, whichever is less.
(d) the
allottee shall become the owner of the eland allotted to him when full payment
of the amount due from him has been made; and
(e) the
allottee shall not be competent to transfer his rights the land allotted to him
to any person till he becomes the owners or before the expiry of a period of 15
years of the date of possession. whichever is later;
Provided
that the allottee may transfer the land by way of mortgage without possession
in favour of a Land Mortgage Bank the State or Central Co-operative Bank or any
other Bank for the purpose of raising loan for development of such land.
11. Cancellation of allotment in certain cases - If an allottee makes any default in the payment of the amount due from him or infringes any of the conditions of allotment, he shall render himself liable to cancellation of the allotment;
Provided
that if default is made in paying part of the amount determined under paragraph
10(c), the Collector may cancel the allotment of an area proportionate to the
amount which has remained unpaid.
12. Manner
of payment of compensation - (i) The amount shall be paid into the
Government treasury or sub-treasury by the allottee in half yearly instalments
of Rs. 500 each, the last instalment being equal to or less than Rs. 500.
However, the allottee may deposit the entire amount into the Government
treasury in lumpsum.
(ii)
The Circle Revenue Officer shall maintain a ledger account in respect of the
amount due from and amount paid by each allottee. He shall also maintain a day
book regarding payments received from them. At the end of every month a
statement regarding payments received from allottees shall be furnished by the
Treasury Officer or Sub-Treasury Officer, as the case may be, to the circle
Revenue Officer.
13. Conferment of proprietary rights on tenants allotted surplus land under the Punjab law - A tenant resettled on the surplus area of a landowner in accordance with the provisions of the Punjab Law and the rules framed thereunder at any time before the commencement of the Act shall be deemed to have been allotted land in accordance with the provisions of this scheme:
Provided
that the provisions of this paragraph shall not be applicable where the tenant
is deemed to have become the owner in accordance with clause (b) of
sub-section (4) of section 18 of the Punjab Law before the commencement of the
scheme.
14. Repeal
and Saving. - The Utilization of the Surplus Area Scheme 1960 framed under
section 32 of the Pepsu Tenancy and Agricultural Lands Act, 1955, is hereby
repealed:
Provided
that anything done or any action taken under the scheme so repealed shall be
deemed to have been done or taken under the corresponding provisions of this
scheme.
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Name, parentage village,
tehsil and district of the applicant |
khasra No. of land he
owns/cultivates with the name of the estate, tehsil and district |
Area he wants to be allotted
with the name of the estate, tehsil and district |
Name of the Scheduled or
Backward Class to which he belongs |
Remarks |
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I
hereby certify that I have known the applicant personally for a period of ___
and to the best of my knowledge and belief he belongs to the ____________ caste
which is one of the Scheduled Castes or a Backward Class declared as such by
the State Government.
Signature
of Sarpanch/Lambardar
or
any Gazetted Officer or a
Revenue
Officer
Certified that ,
son of
resident of has been allotted land measuring and situated in estate Tehsil District under the provision of the Punjab Utilization
of Surplus Area Scheme, 1973, subject to the terms and conditions specified in
that scheme. The amount payable for such allotment has been determined as .Collector.
3 But if the channel between such island and he shore be fordable at any season of the year, it shall be considered an accession to the land, tenure or tenures of the person or persons whose estate or estates may be most contiguous to it, subject to the several provisions specified in the first clause of this section, with respect to increment of land by gradual accession.
Fourth-In small and shallow rivers, the beds of which, with the jalkar right of fishery, may have been any sand-bank or chur that may be thrown up shall, as hitherto, belong to the proprietor of the bad of the river, subject to the provisions stated in the first clause of the present section.
Fifth
- In all other cases, namely, in all cases of claims and disputes respecting
land gained by allusion or by dereliction of a river or the sea, which are not
specifically provided for by the rules contained in this Regulation, the Courts
of Justice, in deciding upon such claims and disputes, shall be guided by the
best evidence they may be able to obtain of established local usage, if there
be any applicable to the case or, if not, by general principles of equity and
justice.
5. Nothing in this Regulation shall be
construed to justify any encroachments by individuals on the beds or channels
of navigable rivers or to prevent Zila 1* * * *
Magistrate, or any other officers of 2[Government], who may be duly
empowered for the purpose, from removing obstacles which appear to interfere
with the safe and customary navigation of such rivers, or which shall in any
respects obstruct the passage of boats by tacking on the bank of such rivers,
or otherwise.