Per cent pumping set or bore; and
1. Bist-Doab Canal (Perennial) 45 (iii) in the case of a tube well or pumping set or bore worked, with more
2. Sidhwan Canal (Non-perennial 31 than 17.5 H.P. Motor — 6 hectares per tubewell or pumping set or bore.]
| 3. |
Bhakra Canals (Perennial) |
| 62 |
| 4. |
|
| Sirhind Canal (Perennial) |
|
| 62 |
|
|
4. Sirhind Canal (Perennial) 62 district, the Bhatinda district, the Faridkot district 4[Hoshiarpur and Garhshankar
5. Eastern Canal (Non-perennial) 55 and Balachaur tehsil] of the Hoshiarpur district, the Pathankot tehsil of the
6. Sirhind Feeder (Golewala System) 62 Gurdaspur district, the Rajpura tehsil of the Patiala district and National (Perennial) Extension Service Blocks, Khuian Sarvar and Abohar in the Ferozepore district and the Ropar district except Chamkaur Sahib National Extension Service Block,
7. Upper Bari-Doab Canal- the coverage of area shall be reduced by 25 per cent.
(a) Perennial 90 (2) In the case of open wells (percolation wells), the area of land under
(b) Non-perennial 45 assured irrigation and capable of yielding at least two crops in a year shall be
8. Government Tubewell 100 two hectares per such well.
3[9.
Shah Nehar (non-perennial) 80%
1 Added vide ibid.
2 Note 2 added vide notification No. G.S.R. 58/88 dated 15.5.1975.
1 Substituted vide Punjab Govt. Notification No. G.S.R. 87/PA/10/73/S.26(Amd)73 dated 4.10.1973. 3 Substituted vide Notification No. GSR 25/P.A./10/1973/5.26/Amd(10)/2010 dated 13' July, 2010 'Substituted vide Punjab Govt. Notification No. G.S.R. 87/PA/10/73/5.26(Amd)73 dated 4.10.1973. w.e.f. 9.7.2010.
3 Inserted vide Punjab Govt. Notification No. G.S.R. 87/PA/10/73/5.26(Amd.)73 dated 4.10.1973. 'Substituted vide Notification No. GSR 28/PA dated 6.4.1976.
19
32 THE PUNJAB LAND REFORMS RULES, 1973 THE PUNJAB LAND REFORMS RULES, 1973 33
Provided that in the Bhatinda and Mansa tehsils of the Bhatinda district, the Circle Revenue Officer in Form I for allotment of land comprised in the such land shall be treated as Barani. surplus area. Such an application shall be made within three months of the date
(3) If a well is shared by more than one person, the area irrigated by such a of commencement of this scheme or within such extended period as may, for well shall be in proporation to the share of each person: reasons to be recorded, be allowed by the Circle Revenue Officer. Provided that where the land irrigated by any one or more of the modes 4. Power to proceed suo motu.- Proceedings for allotment of land comprised in referred to in paras (1), (2) and (3) is less than the land determined under those the surplus area may also be initiated suo-motu by the Circle Revenue Officer. paras, the land so irrigated shall be treated as the land under assured irrigation S. Procedure to be observed by Circle Revenue Officer.- When an application is and capable of yielding atleast two crops in a year._ _ made under paragraph -3 or when the Circle Revenue Officer suo motu initiates
Note.- This schedule is subject to the provision of rule 9(6) 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
REVENUE DEPARTMENT statement for each revenue estate, indicating:—
Notification (1) particulars of each eligible person, The4th July, 1973 (2) the land, if any, owned or held by each such person,
No. GSR 61/P.A.10/73/S.11/73.- In exercise of the powers conferred by sub- (3) the area which can be allotted to each such person under the Act, and section (2) of section 11 of the Punjab Land Reforms Act, 1972 (Act No. 10 of (4) The revenue estate or estates for which such person indicates 1973), the Governor of Punjab is pleased to frame the following 'scheme, preference for allotment of and, in case no area is available for allotment in the namely:- revenue estate, where he resides:
1. Short title and commencement.- (1) This scheme may be called the Punjab 6. Procedure for allotment of surplus area.- (a) After the procedUre prescribed Utilization of Surplus Area Scheme, 1973. in paragraph 5 has been followed the Circle Revenue Officer shall prepare a list
(2) It shall come into force at once. of all eligible persons for each revenue estate in such a manner that the persons
2. Definitions.- In this scheme, unless the context otherwise requires,— who do not own or hold any land are placed at the top and the persons who own
(a) "Act" means the Punjab Land Reforms Act, 1972; or hold any land are placed, according to the area possessed by ,each, in an ascending order:
(b) "allottee" means a person who is allotted or is deemed to have been allotted land under this scheme; Provided that where more than one person have equal claims, their names in the priority list shall be arranged by drawing of lots by the Circle Revenue 1[(c) "eligible person" means a major person who has been residing in the Officer so that a person, whose lot is drawn first, gets preference over the State of Punjab for a period of five years before the commencement persons whose'lots are drawn subsequently. of this scheme and is primarily engaged in agriculture as his
occupation and who is - (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
(i) a tenant or a member of Scheduled Caste or Backward Class and does allotment in a revenue estate mentioning such numbers in the not own or hold any land or owns or holds land less than two hectares numerical order. Where there are killas and rectangles, the numerical of the first quality land or its equivalent area; or order of the rectangles shall be observed first and then of killas in each
(ii) a landless agricultural worker]. rectangle.
(d) "form" means a form appended to this scheme (c) The record of each case alongwith. the lists referred to in sub-
(e) "Rules" means the Punjab Land Reforms Rules, 1973; paragraphs (a) and (b), shall be forwarded to the Collector, who shall
(f) all words and expressions used herein and not denned but defined in proceed to allot the surplus area to eligible persons in order of the the Act or rules shall have the meanings as'signed to them in the Act or priority shciwn in the lists prepared under sub-paragraph (a) :
the rules, as the case may be. Provided that a tenant cultivating the surplus area shall be allotted land
3. Application by eligible person.- An eligible person may make an application to 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
1 Clause 'c' of pars 2 substituted vide Punjab Govt. notification No. G.S.R. 108, PA dated 3.12.1973. quality land or an equivalent area.
20
34 THE PUNJAB LAND REFORMS RULES, 1973 THE PUNJAB LAND REFORMS RULES, 1973 35
(d) The allotment of the surplus area determined under the Punjab Law such an order the landowner, the tenant or any other person in possession shall and the Pepsu Law may be undertaken before the determination of deliver possession accordingly.]
the surplus area under the Act. Such area shall be allotted to eligible persons, who have made application under paragraph 3 of this (2) The possession of the land shall be given to the allottee after the crops are harvested. If, howerver, the Collector deems it necessary to deliver
scheme 1[or are considered eligible for allotment under paragraph 4].
possession of the land to an allottee before crops are harvested, a statement of
2[(e) Where mortgagee rights in respect of any land falling within the the area under the crops shall be prepared before giving possession. A copy each surplus areas have vested in the State Government under the proviso of the statement shall be furnished to the landowner, tenant or any other to section 8 of the Act, such land shall not be allotted to any person
person in possession of such land and to the allottee.
until Government becomes its full owner. The Government may give
such land on lease to any person from year to year.] 1[(9-A. When the possession of the surplus area is taken by or on behalf of the State Government the mutation in respect of such area shall first be entered in
7. Allotment of land to eligible persons in other revenue estates.- If any eligible favour of the State Government and when the allottee has become an owner of person cannot be allotted land in the revenue estate in which he resides, the that area in accordance with the provisions of that sub-paragraph (d) of Collector may having due regard to his preference, allot him surplus area in any
paragraph 10 the mutation shall be entered in his favour].
revenue estate in which it is available.
10. Conditions of allotment.- The allotment shall be subject to the following In making such allotment, the Collector shall endeavour to allot him land in any terms and conditions:-
other revenue estate nearest to his village of residence, as far as possible, in the following order: (a) where possession of land is given with standing crops, the allottee shall pay in lump sum to the landowner or tenant, or any other person in the Patwar circle, in possession, as the case may be, who had raised the crops,
in the Kanungo circle, if no land is available in the Patwar circle. compensation to be determined by the Circle Revenue Officer in
in the tehsil, if no land is available in the Kanungo circle, accordance with the provisions of the Punjab Tenancy Act, 1887,
in the district, if no land is avaiable in the tehsil. within two months of the determination of the compensation by the Circle Revenue Officer or the harvesting of the standing crop or crops
in some other district, if no land is available in the district.
whichever period expires later.
(2) If more than one eligible person seek or are being considered for
(b) the allottee shall be liable to pay all Government dues, including land allotment of land in a revenue estate other than the revenue estate in which
revenue, surcharge, special charge, special assessment, abiana, they reside, the principles mentioned in paragraph 6 shall, as far as possible,
consolidation fee, in respect of the land allotted to him, from the date
apply.
he takes possession of the land.
8. Issue of certificate.- Each allottee shall be given a certificate in Form II by the
(c) the allottee shall be liable to pay for the land an amount determined Collector. A copy of the certificate shall be sent to the Circle Revenue Officer.
on the following basis:—
9. Delivery of possession.- (1) After making the allotment under paragraph 6 or
(i) land under assured irrigation and capable of yielding at least two 7, as the case may be, the Collector shall also pass an order for delivering crops a year—twelve times the fair rent or Rs 5,000 per hectare,
possession of the land to the allottee under sub-section (1) of section 9 of the
Act. One receipt of such an order, the landowner, the tenant or any other person whichever is less;
in possession of such land shall deliver possession of the land mentioned in the (ii) land under assured irrigation for only one crop in a year— order to the allottee. twelve times the fair rent or Rs. 3,500 per hectare, whichever•is
less;
3 [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 barani land—twelve times the fair rent or Rs 1,750 per hectare, land to him or to an officer authorised by him in that behalf and on the issue of whichever is less ;
(iv) Bhud, Sailab, Bet-Barani, Bet Sailab, Dakar Rosli Banjar Jadid having no means of irrigation and uncultivated Thur, Sem and
1 Added vide notification of Punjab Govt. No. GSR 108/PA dated 3.12.1973. Kaller lands—twelve times the fair rent or Rs 1,750 per hectare,
2 Added vide notification of Punjab Govt. No. GSR 108/PA dated 3.12.1973.
3 Proviso added to sub-paragraph (1) of Paragraph 9 vide Notification No. G.S.R. 95/PA-10/73 dated 27.8.1974.
'Paragraph 9A inserted vide Notification ibid.
21
36 THE PUNJAB LAND REFORMS RULES, 1973
THE PUNJAB LAND REFORMS RULES, 1973 37
whichever is less; the scheme.
(v) banjar land twelve times the fair rent or Rs 1500 per hectare. 14. Repeal and Saving.- The Utilization of the Surplus Area Scheme, 1960 frariled whichever is less. under section 32 of the Pepsu Tenancy and Agricultural Lands Act, 1955, is
(d) the allottee shall become the owner of the land allotted to him when hereby repealed:
full payment of the amount due from him has been made; and 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
1[(e) the allottee shall not be competent to transfer his rights in the land
allotted—to...him_to_any...persan_tilLbe_begornes the owner thereof or provisions of this scheme. before the expiry of a period of five years of the date of possession,
whichever is later: FORM I
Provided that the allottee may transfer the land by way of mortgage without (See Paragraph 3) possession in favour of a Cooperative Society, Scheduled Bank or Corporation
owned or controller by the government for the purpose of raising; loan for the
Name, Khasra No. of Area he wants Name of the Remarks development of such land].
parentage land he to be allotted Scheduled or
11. Cancellation of allotment in certain cases.- If an allottee makes any default village, tehsil owns/cultivates with the Backward in the payment of the amount due from him or infringes any of the conditions of and district of with the name name of the Class to which allotment, he shall render himself liable to cancellation of the allotment: the applicant of the estate, estate, tehsil he belongs Provided that if default is made in paying part of the amount determined tehsil and and district under paragraph 10(c), the Collector may cancel the allotment of an area district
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 lump sum.
(ii) The Circle Revenue Officer shall maintain a ledger account in respect I hereby certify that I have known the applicant personally for a period of of the amount due from and amount paid by each allottee. He shall and to the best of my knowledge and belief he belongs to the also maintain a day book regarding payments received from them. At caste which is One of the Scheduled Castes or a Backward the end of every month a sttement regarding payments received from Class declared as such by the State Government. 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 proprietory rights on tenants allotted surplus land under the Punjab law.- A tenant resettled on the .surplus area of a land-owner 2[--] in Signature of Sarpanch/Lambaidar 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 or any Gazetted Officer or a to have been allotted land in accordance with the provisions of this scheme: Revenue Officer. 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)
or sub-section (4) of section 18 of the Punjab Law before the commencement of
1 Substituted vide Notification No. S.O.,252S1/PA 10/1973/S.11 Amd.(3)/2010 dated 11' July, 2010 w.e.f. 9.7.2010.
2 Omitted vide Notification No. G.S.R. 93/PA dated 27.8.1974.
22
(
THE PUNJAB LAND REFORMS RULES, 1973
cz-rff
FORM II
Form of Certificate \\, (See Paragraph 8) 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, 1-97-3, subjeGt to-the terms-and c-onditions specified in that scheme. The amount payable for such allotment has been determined as
Collector
23