Punjab act 021 of 1976 : The Punjab Package Deal Properties (Disposal) Act, 1976

Date: 30 Apr 1976

Department

Department of Revenue

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PUNJAB GOVERNMENT

DEPARTMENT OF REHABILITATION

From

Shri B. B. Mahajan, I.A.S., Financial Commissioner and Secretary to Government, Punjab,

Revenue & Rehabilitation Department, Chandigarh.

All the Deputy Commissioners, in the State.

No. RD(770)/Part V/U.I./17359-70/dated Mohali, the 5th November, 1984

Subject:—Winding up of Rehabilitation Department Instructions regarding (i) disposal of Urban Evacuee Agriculltural lands/ properties (ii) Sites left undeveloped due to revised lay outs in the Model Colonies set up by the State Rehabillita- tion Department in Punjab and (iii) disposal of rural evacuee agricultural land/houses by way of sale, transfer/ allotment etc.

,MEMORANDUM

It has been decided by Government that the Rehabilitation Department should be wound up and the work relating to the disposal of urban evacuee agricultural lands/properties, sites left undeveloped due to revised lay outs in Model' Colonies viz. Model Towns, Model Houses, 8-Marlas Cheap Tenaments, 4 Marlas Cheap Tenaments, Shopp- ing Centres, Mud Hut Colonies etc. set up for the resettlement of dis- placed persons and allotment of land to displaced persons in lieu of land abandoned by them in Pakistan and to war widows etc. be trans- ferred to the respective Tehsildars (Mahal) in the State from the Appointed day i.e. 31st January, 1985. The disposal of urban evacuee lands/properties is to be undertaken by them from that day. Since you had not been, in the past, associated with this work, a gist of the instructions governing disposal of such properties is given below:—

I. Disposal of Urban Evacuee Agricultural lands/Properties.

2. Urban evacuee agricultural lands/properties situated in the State were transferred by the Central Government in two different Deals (i) Package Deal 1963 and (ii) Administrative and Financial Arrangements, 1970. Separate lists of properties in each deal in respect of your District are being sent separately. Any property not mentioned in these lists will be treated as 'hidden property' and deemed to have ,been received in , the Administrative . and Financial Arrangement, 1970.

3. Disposal of porperties received in Package Deal of 1963, is governed by the provisions made under the Punjab Package Deal ,Pro- perties ( Disposal) AO, 1976 and the Rules framed thereunder. In the other cases, including those covered by Administrative and Financial Arrangement, 1970, disposal is governed under the provisions of Dis- placed Persons (C & R) Act, 1954 and the Rules framed ithereunder. It has been held by Punjab and Haryana High Court; that authorities under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 have no jurisdiction to deal with the Package Deal Properties. Vice versa, the authorities under the Package Deal Properties (Disposal) Act, 1976 will have no jurisdiction to pass orders under the Displaced Persons (Compensation and Rehabiltiation) Act, 1954. It is therefore, necessary that though you may be vested with powers under both the Acts, the appropriate designation viz. Chief Sales Commissioner or Chief Settlement Commissioner, as the case may be, should be correctly mentioned, as otherwise the order is likely to be struck down on the ground of lack of jurisdiction.

4. A copy of Punjab Package Deal Properties (Disposal) Act, 1976 as amended upto date is enclosed at Annexure. I and a copy of Punjab Package Deal Properties (Disposal) Rules, 1976, as amended upto date, is at Annexure II.

A copy -of the odrers issued by the Chief Settlement Commissioner on 30th August, 1979 and on .14th September, 1979 conveyed,—vide Endorsement No. :RD(770)/Part. IV/U.I./18025-18088, dated 14th Septern- -ber, 1979 for the disposal of properties, other than Package, Deal proper- ties, on the basis of possession, which are now in force, are appended at Annexures .III and IV , respectively. A copy of, this Department Memo. No. R.D(770)/Part-IV/U-1/16648-55, dated 30th August, 1979 .which explains some provisions of the revised policy as contained in the Chief Settlement Commissioner's order dated 30th August, 1979 is at Annexure

V. The amendment in the Package Deal Properties (Disposal) -Rules, 1976, carried, out by:the Third Amendment Rules notified on 30th,.August, 1979, is also enclosed, at Annexure VI. A copy of the order of the Deputy Secretary (Reh.) dated 14th September, 1979 conveyed with -this Department Endorsement No. RP(770)Part IV-/18092-18102, dated 14th September, 1979 is also enclosed at Annexure VII.

II. Transfer of Urban Evacuee . properties on the basis of posses-

5. The main features of the revised policy, which applies both to the Package Deal properties and properties covered by Administra- tive and Financial Arrangement are as under: —

.(a) Evacuee houses ' and built up sites on which residential tonstruction/comthercial shop's' etc. have already been raised may be transferred to the occupants, provided their possession is continuous and undisputed and they had raised construction on or before 1st January, 1977 and they have applied for their transfer by the prescribed date i.e. December 31, 1917.

(b) Occupants/other than Scheduled Castes ' and Backward classes are liable to pay prevalent market 'price on the date orders for transfer are passed by Tehsildar-cum-M.O. Each such transferee shall be required to pay in cash 25 per cent of the price, in addition to upto-date rent/ damage charges including other dues, if any, relating to the property transferred to him, within 30 days of the determination of his eligibility. The balance shall be re- coverable in lump-sum or in three half-yearly instal- ments bearing interest at the rate of 6 per cent per annum (vide Annexures IV and VII) as per choice of the trans- feree. Arrears of rent/damage charges may also be allowed to be paid in instalments as per para 3(h) of Chief Settlement Commissioner's order dated 30th August, 1979 at Annexure III and Rule 9(d) (ii) of the Punjab Package Deal Properties (Disposal) Rules, 1976.

•

(c) The occupants belonging to Scheduled Castes/Backward classes are eligible. to ,the transfer of: properties at 25 per cent of the prevailing market price on the date orders for transfer are passed by Tehsildar-eum-M.O., recoverable in 12 half-yearly instalments. Interest ,on outstanding ins- talments will be charged at the rate of 4 per cent per annum (vide Annexure IV and VII). Such occupants will be required to.pay the first' instalment of the conces- sional price, in addition to upto-date, rent/damges charges including other dues, if any, relating to property, within 30 days of the, determination of his eligibility. Arrears of rent/damages in their case may also be allowed to be paid in instalments, as indicated in (b) above. ,

(d) An occupant belonging to the Scheduled Castes/Backward Classes, in possession of. -two. urban evacuee properties- one for residential purpose and the other for commercial or industrial purpose, is, .eligible to 25 per cent concession in both the cases.

(e) In the case of built up plots for residential purposes the area transferable shall be 20 marlas while in the case of commercial sites, the area transferable shall be 1000 Sq. sion.

(j)

yards. Where the area of any built-up residential plot/ commercial plot exceeds the aforementioned limit, the excess area can also be transferred to the occupants by negotiation, subject to the fixation of market price by the Valuation Board comprising of Sub Divisional Officers (Civil), Executive Engineer, PWD (B & R) or his repre- sentative (not below the rank of S.D.O.) and the District Industries Officer. The excess area may be transferred on payment of the market price , by Scheduled Castes and Backward Classes occupants and on payment of addi- tional price upto 25 per cent of market price in case of residential plots and upto 50 per cent of the market price in case of commercial plots, as prescribed by the afore- mentioned Board, in case of others. In no case, the area to be transferred shall exceed the ceiling fixed under the Urban Land Ceiling (Regulation) Act, 1976; were made separately by them by the prescribed date. But, where there is a dispute between the persons occupying a property and it is indivisible, it shall be disposed of in auction.

Urban evacuee property which is not transferred on the basis of possesion or is not required for sale by negotia- tion to any Co-operative Society, Government concern etc. as indicated in para 7 below, shall be disposed of by public auction according to procedure laid down in Rule 90 of Displaced Persons (C & R) Rules, 1955 in so far as property other than Package Deal Property is concerned, and in accordance with the procedure prescribed in Chap- ter III Rule 8 of the Punjab Package Deal Properties (Disposal) Rules, 1976, in so far as package deal properties are concerned.

Where the area of a building plot or site or agricultural land being used for commercial or residential purpose is 500 yards or above, its market price shall also be assessed by the above mentioned Valuation Board.

(f) Occupants should have applied on or before 31st December, 1977. No fresh application shall be invited but in hard cases, the delay in submission of applications can be con- doned by the Government.

(g) In case of default in the payment df any instalment (by transferee, both Scheduled Castes and non-Scheduled Castes) 9 per cent penal interest will be charged. If the transferee fails to make payment, the recoverable amount (i.e. Principle, Interest and Penal Interest) will be first charge on the property and will be recovered as 'arrears of land revenue'. The property cannot, however, be re- slimed on account of the default.

(h) In case it is established that member of Scheduled Castes had built house before 15th August, 1947 on the land which became urban evacuee land such person will be entitled to retain that site without any payment.

(i) In case, where a property is occupied by more than one family in ditinct portions which are divisible, such por- tions shall be transferred to them separately, provided there is no dispute between them and applications for transfer of the portions under their respective possessions

III. Disposal of urban evacuee agricultural /and. 6.(A) Entire evacuee urban agricultural land with the following exceptions will be disposed of by open auction under the provisions of Rule 90 of the Displaced Persons (C & R) -Rules, 1955 and Chapter III Rule 8 of the Punjab Package Deal Properties (Disposal) Rules, 1976, amended from time to time :—

(i) Agricultural land required for lessees/sublessees upto the allotable eligibility of Rs. 15,000 as provided in Chapter V-A of the Displaced Persons (C & R) Rules, 1955.

(ii) Land required for public purposes.

IV. Sale of urban evacuee agricultural land/properties by nego- tiation to Government Departments and other Institutions.

7. Urban evacuee agricultural land and other properties may be disposed of by negotiation by the Government (Revenue and Rehabilita- tion Department) to other Departments, Semi-Government Institutions,) Co-operative Societies, Corporate Bodies and Public Institutions for a public purpose, or to private companies registered under the Companies ^. Act, 1956 at the rates given below :—

Sr. No. Name of the Department/Institution. Concession allowed.

1. Regd/Recognised religious, charitable, 50 per cent of the medical and educational institutions current market price. run by private bodies.

24.111 kunicipal Committees. (Subject to the 50 per condition that the urban land/proper- current ties are required for public purposes designed to promote social welfare

activities).

3 Im.provement Trusts.,

cent of the

market price.

At . Award rate an-

nounced by the Collec-

tor for the land of

locals, if any, includ-

ed in their schemes.

Government

Institutions.

Hospitals, Educational At the rate of Rs. 300 per marla. .

5. Residential urban the condition that of such land will wholly meant for the Society.

Estates subject to the plots made out be el-elusively and poorer section of —do—

Housing Department for construction of houses for shelterless persons.

7. Corporation having 100 per cent shares Current market price. of Government.

- 8. The urban evacuee agricultural land properties for which applications for transfer on the basis of possession as lessees by eli- gible persons received by the prescribed date,—vide paras 5 and 6 above - are pending are not to be transferred under para 7 until the aforesaid

applications have been decided., Where urban evacuee agricultural land

or properties are proposed to the. transferred by negotiation. under pare

7, the detailed proposals in this regard indicating the details of how the current market price .has,. been worked _.out in respect of institutions mentioned at Sr. No(s) 1,2 and 7 of para 7 may be sent by you to the Deputy Secretary, Rehabilitiation for obtaining orders af Government. While submitting these cases, a copy a: the relevant extract from ^the Jamabandi/site plan of the building -and a certificate that no applica7 t ion in respect of eligible persons for transfer of land/property

on the basis of possession or as lessee is pending may also please be sent.

V. Sale of Houses/Sites by open auuctions

9. All other properties which are not required to be transferred

on the basis of Possession,—vide para 5 above or to Government Depart- ments and other institutions,—vide para 7 above or sites which are not

7.:

required for allotment to war widows,—vide para 12 below shall be dis- posed of by public auction in accordance with Rule 8 of Package Deal Properties (Disposal) Rules, 1976 or rule 90 of. Displaced Persons (C & R) Rules, 1955, as the case may be. Procedure for dealing with objections against the sale and setting it aside are contained in rule 8(2) of Punjab Package Deal Properties (Disposal) Rules, 1976 and, Rule 92 of the Displaced Persons (C & R) RuleS, 1955.

VI. Fixation of price of properties . ... _ .

10. The market price for purpose of transfer of urban lands and pro- perties whether on the basis of possession or by negotiation, and the reserve pride in the case of suclipropertiesbY auction, are tobe fixed in accordanec -----

with Rule 11 of the Punjab Package Deal Properties (Disposal) Rules, 1976 or para 8 of the-Order date -

ugus , 1979' of the Chief-Settlement -----

Commi3sioner at Annexure III, as the case may be.

VII. Transfer of urban evacuee Houses to displaced rural land

allottees.

11. An urban evacuee house in possession of a rural land allottee, who has not been allotted any rural houses/taur, as appurtenant to his land allotment or has riot received any grant in lieu thereof, may be transferred to him at 20 per gent of the , reserve price fixed , withcui charging any rent subject to the conditions that such ellottee has applied within the prescribed period i.e. on or before .31st October 1970. Press Note issued in this regard on 14th September, 1970 is appended as Annexure VIII. The policy was further liberalised,—vide instructions issued on 31st August, 1979, a copy of. which .is at-AnnexuresIX. Any applications received after 31st October, 1970 can be considered only after obtaining approval of Government as required by para 3 of these instructions. Such cases may be referred by you to the Deputy Secre- tary (Reh) Mohali.

..-..,,:,..VIII. Allotment of urban site, to war,..ividows. _

12. The widows of personnel of Armed Forces, B.S.F. and P.A.P. killed in action in Indo-Pak war of. 1971, may be transferred, free . of cost, plots measuring 500 Sq. yard in case of widow of a Commissioned Officer and 250 Sq. yard in case of widow of a non--Commissioned Officer, out of urban evacuee land provided that such widow or her deceased husband does not already own a house or a building plot any where in India or the widow has riot been allotted any building or site under any 'other scheme in India. Applications were invited through a Press Nate dated 28th November, 1975 and the last date of applications was 28th January, 1976. A copy of the Pr(' - Mote is enclosed at Annexure. X.

13. The urban plots for which applicaions for ransfer as lessee by eligible persons,—vide para 6 above are pending, are not to be *Ate/ to war widows until such applications have been decided.

IX. Disposal of Sites left undeveloped in the State Acquired Colonies (like Model Towns etc.) set up by the State Rehabilitation Department in Punjab.

14. Disposal of these sites is governed by the East Punjab Refugess Rehabilitation (Buildings and buildings Sites) Act, 1948, and rules made thereunder. Commissioners of Division, Deputy Commissioner and Addl. Deputy Commissioner are already vested with powers of Rehabi- litation Authority under Section 2(b) of the Act.

15. The Punjab Government (in Rehabilitation Department) issued order,—vide Endorsment No. 2488-2516/TSH, dated 1st Mardi, 1983, under the signatures of the Financial Commissioner (Revenue) and Secretary to Government, Punjab, Rehabilitation Department by Which management and control of some open sites was handed over to the Municipal Corporation/Municipal Committee for laying out gar- dens/Parks/Roads, etc. with the clear stipulation that these, sites would not be utilized for any purpose other than those. A copy of the order is appended at Aimexurc XI. All other open spaces and undeveloped sites left over shall be disposed of by ay of open auction/ transfer on the basis of possession on or before 1st January, 1977. Ins- tructions issued in this regard on 21st July, 1981 are appended at Annex- ure XII. The lists of unauthorised occupants mentioned in para 4 of the instructions at XII are available with respective _Tehsildars_:(Sales). These will be transferred by them to Sub-Divisional Officers (Civil) before the appointed date i.e. 31st January, 1985.

16. The widows of Personnel of Armed Forces, B.S.F. and P.A.P:

killed in action in Indo Pak War of 1971, may be transferred, free of cost, plots measuring 500 Sq. Yds. in case the widow is of a Commissioned Officer and 250 •vds. in case the widow of a non Commissioned Officer, provided such widow or her deceased husband does not own a house or a building plot or site under any other scheme in any urban town in India (Annexure X). A war widow will, of course, be allotted only one plot, either out of urban evacuee land,—vide para 12 above or available site in the Rehabilitation Colonies.

X. Disposal of rural eevacuee agricultural lands and properties.

17.

Entire available evacuee agricultural land /proptrties were purchased by the Punjab State from the Central Government in Package Deal of 1961., Disposal,•of -these properties is governed by the Punjab 15aCkiii:a)eal Properties (Disposal) Act; 1976 and Rfiles- framed ihere--- under. - Section 4 -of---the-Act ibid provides the mode-of- disposal- of the and/properties. This work has already been entrusted to you

, With 'effect. from 1st April, 1976 and relevant instructiOnS/Rules 'have teen

sent to you from time to ,time _ -

XI. Allotment of land to unsatisfied displaced lqnd ho/ders._ -- .- 18. The. land which is not.transferred on the_.basis _of possession and for which no application from an eligible_ person received lity the prescribed -a-ate is, pending, shall be utilized for allotment to unsatisfied-

displaced land holders of Punjabi arid Non-Punjabi---extraction under the _

thereunder. This „work. will-also from the appointed day i.e. 31st Jan- -provisions-of the-Displaced'PMbliTTC'grR)-A"CratrrraritZer=ed. nary,

1985 be entrusted to Telisildars (Mahal). Procedure to be folloWed in this regard is- as under :

Goshwara allotment is ;issued by the GoVernment (Reh. Department) under the signatures ' an officer- duly authorised. His speciznen signatures ' Will be circulated - amongst - all the Concerned officers in due* course.

. _ Instructions, issued by the GovernMent,—Vide Memo. No. RI(165)/ 712 3/G-7, dated 20th April, 1972, Memo. No. RI(165) Part VI/24088 dated 26th December, 1975 and Memo. _ No. RI(120)/76/24738 20th Deeember, 1976 and P1(165) Part-7, 10901-03;_. daEed 20th June,- 1978, in -this regard are appended at Anneiure XIV/A, XV and XVI. in the Goshwara in the same

the allotee grade of "village village to which

belongs. HoWever, if no area equivalent to

the grade of the ,claimant is 'available then he is to be allotted land by .applying premium out as laid_ down n_„„ — - - - instructionr-lested ==-titer -"letter ' "'No. iti(125)/12894-912/ , AnneYure XIII. Reh(R), dated 2Ist April, : 1961, copy appended at

, _

_ •

(iv) In Case a claimant Wants change of district/tehsil on sufficient reasons, the •matter shall be referred to Govern- ment through the Deputy Commissioner concerned:: ' • -

iii) Allotment is iriade b37% the Managingoffi in Cer, after hearing the claimant persOn, in. the Tehsil/village mentioned

(ii) As soon as 'the Goshwara allotment is 'received , by the Managing Officer, the same is again returned 'by him to

. the issuing officer( By name under registered cover) for re-verification:

(v) At the time of allotment/issuance of parehi Numbran Khassra, following principles (as laid down in the Land Resettlement Manual by S. Tarlok Singh, ICS) are to be kept in view.

(a) • Radif-wise Khasra Numbran of cultivable land be allotted;

(b) Ghairmumkin land or land within Phirni fit for abadi or lands around the towns which are potentially valua- ble should not be allotted. In this regard instructions issued,—vide No. 33150-76, dated 12th August, 1970 and 9(742) 4381-92, dated 12th April, 1971 are appended as Annexures XVII and XVIII.

(d) Alternative allotment ,in lieu 'of the land earlier wrongly allotted to any claimant on one reason or the other, is to be provided by the Managing Officer only after gett- ing prior clearance in each case from the Deputy Secre- tary to Government Punjab Rehabilitation Department. In this regard instructions issued by the Government,— vide Memo. No. RI(165)/4197-416/G-7, dated 26th April, 1982 are appended at Annexure XIX.

(e) The agricultural land dor which applications for transfer on the basis of possession by eligible persons received by the prescribed date are pending may not be allotted until those applications are disposed of. ,

XII. Allotment of land to permanently disabled soldiers widows or parents, or children killed in the Chinese Agrressions of 1962 and Indo Pak conflict in 1965 and to widows of the deceased soldiers or to such widows who have re-married with real brother (s) of their deceased hus- band of Indo Pak War of 1971.

19. Permanently disabled soldiers, widoWs or parents or children of the soldiers killed in the Chinese Aggression of 1962, and Pakistan Aggression of 1965 are provided allotment of rural agricultural land upto the limit of 10 ordinary acres inclusive of one's holding, if any, on payment of rupees 450 per standard acre provided they had made appli- cations before 21st September, 1971, under the Press. Note issued. on 16th June, 1971 by the Government in the Rehabilitation Department copy • of which is appended at Annexure XX as per provisions made in Chap- ter I Part. II, Rule 4 of the Punjab Package Deal Properties (Disposal) Rules, 1976 as amended from time to time. Similarly widows of ..the personnel oe the Armed Forces, Border Security Forces , and Punjab Armed Police killed in the Indo Pak conflict of 1971, shall also be given allotment of land upto the limit of 10 ordinary acres inclusive of their own holdings. Under the Press Note issued by the Government in the Rehabilitation Department on 28th November, 1975, copy of which is appended at Annexure X the war widows of 1971 have further . been allowed to exercise their options ether to have a residential plot/house/ site in an urban area or rural agricultural area to the extent of 10 ordi- nary acres under provisions of the Rules ibid.

20. The work relating to allotment of land ,to war widows etc. which was being done so far by Tehsldars (Sales) will also from 31st January, 1985 be undertaken by Tehsildars (Mahal). The eligibility for the allotment is determined by the Deputy Secretary, Rehabilitation. The applications for which eligibility has already been determined but allotment of land is still pending on 31st January, 1985 will be transferred by Tehsildars (Sales) to respective Tehsildar (Mahal).

21. The agricultural land for which applications for transfer on the basis of possession by eligible persons received by the prescribed date are pending may not be allotted until those applications are disposed of.

XIII. Sale of land in restricted auction.

22. The remaining cultivated land excluding the land falling under the following excepted categories as defined in Sub rule 2 of rule 6 of the Punjab Package Deal Properties (Disposal) Rules, 1976: — -

(i) the land retrived by the Directory Organisation set up by the State Government in the Rehabilitation Department or cancelled from the the allotment of displaced land holders;

(ii) lands which are sub-urban or potential residential or commercial sites or are under gardens or fall within garden colonies.

(iii) small fragments of land not exceeding 2 acres which are inaccessible and are surrounded by the holdings of owners, and

(iv) lands already sold in open auction, but the sale of which has been set aside by a competent authority;

(v) lands required for any public purpose shall be disposed of by auction restricted to the landless members of the

4. Defence Department At the award rates announced by the Land Acquisition Collector for acquir- ing land of local owners.

_truction of Hospitals/Schools.

rt '1

(ii) Surplus rural evacuee land which is not transferred to is the e

occupants on the basis of possession under the extent policy required for allotment to the displaced persons/war widows may also be sold by negotiation to the Corporations, wholly financed by the Govern- ment, village Panchayats, etc. for the construction of Hospital/Schools, registered recognised religious and chari

table institutions and to the Defence Department, at the following rates, subject to the approval of the Government.

S. No. Name of the

Deptt/lnstitution.

1. Corporations wholly financed

by^the Government. Village Panchayats etc. for the cons-

3. Registered/Recbgnized religious

and

charitable insti 50 per cent of the current market price«

Concession allowed. --do—

• 12 Scheduled castes resides in the village in which the land offered for sale is situated, who have no other mean of livelihood and who are tenants, sepia, Sanjhis or agricul -

tural labourers depending upon agricultural for their live- lihood, under sub rule 4 to 6 of Rule 6, ibid. This work is already being handled by you and necessary instructions in this regard have already been issued.

23. The disposal of Sharrilat

. Deh Land in wholly or partially evacuee villages have been stayed by the GoVernment in any manner by way of transfer; sale or by allotment,—vide instructions issued,— vide No. R1(115) Part 11/7378-85 dated 18th June, 1982 and RI(115) Part II/G-7/18429-40 dated 7th October, 1983, copies of • which are appended at Annexure XXI and XXII. as the matter is pending in the -Supreme Court.

- XIV. Sale of land in open auction

24.

Land failing under the excepted categories mentioned in sub- rule 2 of rule 6 of Punjab Packag

e Deal Properties (Disposal) Rules. 1976,

are disposed of by way of open auction under Section 4(1) of the Punjab .Package Deal. Properties (Dispospl) Act, 1976, and procedure laid down in the Rules framed thereunder, Tne work is• already being handled by you. It is, he rever, mentioned that the sale of Banjar/Gair Mumkin land has been stayed by the Government till further orders,—vide ins- tructions bearing Nos. •(505) G-5/Policy-I11/10273-84, dated 7t Jul

1,981

and followed by letter No. (s) 2(505)/G-5/Policy-I11/5134-45h , date d 14th

March, 1983 and No. 2(505)G-5/Policy-111/892132, dated 20th May, 1983 have already•loeen conveyed to you. copies of these are. however, append- ed at Annexures XXIII. XXIV and XXV.

XV. Sale of rural evacuee land by negotiation^to the allottees or

their vendees or their legal heirs. whose land. allotment has been

cancelled

25. (1) Land cancelled from the allotment of a displaced land holder

• who has opted for its purchase by the aliottee or where bonafide yen- dees have opted for such purchase shall be sold to him/them by nego- ation at the current market price by the State Government under Section 4 of Punjab Package Deal Properties (Disposal) Act. 1976 provided that the rural evacuee area that may be sold to any person including the area already .owned by him, shall ,lot exceed Standard ETh-es- o-r 10 ordinary

acres, whichever may be less. In this regard, necessary ruler are being framed in, consultation with the Legislative Department and till then. all such cases should be kept pending, provided the condition .b ition iotit: the

nr,̀,2 f 1:")9 5016 filled:

XV. Disposal of surplus rural houses/sites.

26.

The work is -already being handled by you and relevant ins- tructions have been sent to you from time to time.

GENERAL

27. It

may please be ensured that no transfer of the work _men- toned in Para 1 to the Revenue Agency, the same may be completed expeditiously and strictly in accordance with Act, Rules,

and Govern- ment instructions. If clarification on any point is required, you may kindly get in touch immediately with the undersigned. B. B. Mahajan

Financial Commissioner and

Secretary to Government, Punjab.

Revenue and Rehabilitation Department

"Nilo la all,

4 till,

Enaorsment No.' RD(770)/Part V/U.I/17371-534/ dated Mohali, the 5th Novemer, 1984 forwarded

and necessary action to

A copy alongwith the enclosures, is forwarded for information

The Commissioners, Jalandhar, Ferozepur and Patiala Divi_

All the Deputy Commissioners in the State.

3. All the 4.-. All the S.D.O.s ( Tehsildars (Mahal) and Naib Tehsildars (Mahal)in - f

sions.

Civil) in the State,

• the State.

5. All the Tehsildars (Sales) in. the State. .... . .. . Man Mohan Httrria Deputy Secretary to Government, Punjab

for Financial Commiasioner, Revenue •

and Rehabilitation Department.

A copy is forwarded to.P.S. to Financial Commissioner (Revenue), Punjab, Chandigarh, for the information of F.C..(R).

Man Mohan .Hurria

Deputy Secretary to Government

Financial Commissioner, Revenue for and Rehabilitation Department. 1..O. No. `?)(7701 Part

V/13.17/17535/

dated Mohali, the 5th November,

1984.

DETAILS OF ANNE'X URES „ Pu.niab Package Deal Properties (Disposal Act, 1976 Punjab Package Deal Properties (Disposa`) Rules, 1976 Annexure I C.S.C.'s letter dated 30th August. 1979 Endst. No. rt IV /11-I/ • RD (770)!Pa

Annexure II

Annexure III 18025-18088

Dated 14th September. 1979

. RD(770)!Part W4:1;16649-55, dated 30th August, 1979 Annexure IV .. Punjab Package Deal Properties (Disnosal) (Third Amendment) Rules. 1976 Annexure V Package on 30th A.ugust. 1979 Annexure VI

RD(770)!Part.IV)18092-18102, dated 14th September, 1979

Annexure VII

Press Note dated 14th SePtcrngeet 1970

Annexure yin

.. - Instructions issued on 31st August, 1979 Annexure IX

Press Note dated 28th November, 1975N •2488-2516

•

• Order. dated 1st March. 1983, Endst. o. Annexure X

.A.nnexure. XI

Instructions. dated 21st July; 1981 R1(125)12894-9121Reh(R), dated 21st April, 1961. Annexure XII Annexure XIII . R1(165)/7121IG-7, dated 20th April, 1972 RI(165) Part. IVI24088; dated 26th December. 1975 Annexure XIV R1(12006:24738, dated 20th December. 1976

Annexure XIVIA

R1(165) Part-7'1.0901-03, (hied 20th June. 1978 Annexure XV , Annexure XVI' , 3315076, dated 12th August. 1970 --- Annexure 9(.742) 4381-92. dated 12th April. 1971 ':

P.1(165)V1P4197-4216)G-7, dated 26th April, 19g 2 'Annexure

Annexure XIX ,

Press Note. dated 16th June, 1971

R1(115) Part 11(7378-2,5, dated 18th June. 1922 Annexure XX

P.1(115).Part MG-7))19429-40, dated 7th October. 1983 Annextire XXI I'''T`II'y(O-51Policv-III/10273-24, dated 7th July, 1981 3 Annexure XXII .

2(505j/G.5;Po1icy 111)5134-45, dated .1.41i,

,19F. AEI nc-iuz,; -

Annexure XXIV

2(505)!G•5 'Policy III/8921-32, dated 20t5 May,

19E3

Ariaz-XUre^XXV .--

THE PUNJAB PACK

AGE DEAL PROPERTIES (DISPOSAL)

ACT, 1976

Punjab Act No. 21 of 1976 (Amended up-to-date) (Received the assent of the President of India on the 19th April, 1976 and was first published for general information in the Punjab Government

Gazette (Extraordinary), Legislative Supplement; dated the 30th P-"1 A

An *Act to provide for the disposal of properties taken over by Punjab Government in package

deals and for matters connected

therewith.

State of Punjab in the

the context other' ice requires,—

means the Commissioner of a Division

ackage deal property" means the surplus evacuee pro- (1-A) "p y taken over by the State Government and referred perl to in the Government of India letter

—

(i• No. 3(35)136111/60,

letter

Land and Rent, dated 3rd June, 1961,

read with letter No. 3(54) /Pol.II/ 60-L&R, dated - -5th March, 1962,

(ii) No. F.18(40)3/61/Prop/Comp & Prop., dated 23rd March, N'o. F.18(40)/61-Prop-Comp & Prop, dated 29th March, but exclu-ding such property as may be required for transfer ea allotment, by way of cOmpensation to a displaced - -

*For statement of objects and reasons, see Punjab GOVerTIMeTlt

**Addeo.,-11 i'110

Notification No. 10-Leg/79, published in the Punjab Gazette (Extraorainary), 1976, page 309. Government Gazeise. (Extraordinary), dated 15th May. 1979. page 33. Act . ¹⁵

tart'),

BE it enacted by the Legislatuie of the

Twenty-seventh year of the Republic of India as follows :—

Short Title :

1. This Act may be called the Punjab Package Deal Properties (Disposal) Act, 1976.

2 In this Act, unless

(1) ""Commissioner"

1963, and

1153, reproduced in the Schedule to this Act;

person, as defined in the Displaced Persons (Compen- sation and Rehabilitation) Act, 1954, and rural agricul- turalit land required for similar allotment to a displaced person of non-Punjabi extraction in pursuance of the directions of the Central Government given under Section 32 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, read with sub-rule (2) of Rule 66 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955;

(2) "Scheduled Castes" means such castes as have been speci- fied in Part X of the Constitution (Scheduled Castes) Order, 1950; in relation to the State of Punjab;

(3) "standard acre" means a measure of land convertible with reference to yield from, and the quality of; the soil, into an ordinary acre according to the prescribed scale;

(4) 'State Government" means- the Government of the State of Punjab; and

(5) !unauthorised occupation" a person shall be deemed to be in unauthorised occupation of any package deal property—

(a) where he has, whether before or after the commencement

• of this Act, entered • into possession thereof otherwise than under and in pursuance of any allotment, lease or grant; or

(b) where he, notwithstanding anything contained in 'aim (a), has whether before or after the commence- ment of this Act, entered into possession, thereof in pursuance of an order obtained by him- by means of fraud, false representation or cohcealrnent of any material facts; or

(c) where he, being .an allottee, lessee or grantee, has by reason of the determination -or cancellation of his allotment, lease or grant in accordance with the terms in that behalf therein contained, ceased, whether before or 'after the commencement of this Act, to be entitled to occupy or hold such package deal property; or.

(d) where any person authorised to occupy any package deal property, has, whether before or after the commence- of this Act,—

(i) sublet, in contravention of the terms of allotment, lease or grant, without the permission of the State Govern- Ment or of any other -authority competent to permit

such sub-letting, the whole or any part of such package deal property; or

(ii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such package deal property.

Explanation.—For the purpose of sub-clause (a), a person shall not merely by reason of the fact that he has paid any rent be deemed to have entered into posses- sion as allottee lesee or grantee.

Appointment of Chief Sales Commissioners and other Officers:

3. *(1) For, every district, the State Government shall, by noti- fication in the Official Gazette, appoint a Chief Sales Commissioner, as many Sales Commissioners and Tehsildars (Sales) or Naib-Tehsildars (Sales), as may be necessary for the purpose of performing the functions assigned to them by or under this Act.

(2) Subject to the general superintendence and control of the' State Government the Commi'ssioner shall control the Chief Sales Com- missioners, the Sales Commissioners, Tehsildars (Sales) and Naib- Tehsildars (Sales) in his division and the Chief Sales Commissioner shall control the Sales Commissioner, Tehsildars (Sales) and Naib- Tehsildars (Sales) in his district.

Power to transfer package deal property:

4. (1) Subject to any rules that may be made under this Act, the Tehsildar (Sales) or Naib-Tehsildar (Sales) may transfer any, package deal property—

(a) by sale by public auction;

(b) by sale by auction- restricted to socially and educationally, Backward Classes of citizens notified by the State Government from time to time or to the members of the Scheduled Castes;

(c) by sale to such class of occupants and at such price as the State Government may by general or special order specify;

(d) by sale to any co-operative society, Government company or local authority or to any corporate body for a public purpose;

*Inserted by AA No. 10 of 1979 published in Punjab Government Gazette (Extraordinary), dated May 15, 1979 at page 33.

((f), in such pther manner as may be prescribed:

'!-------" -----_

Provided that, except in the case of a sale under clause (d), the

. maximum area that may be -transferred to ariy person, including the area, if any, already owned by him, shall not exceed five standard acres or ten ordinary acres whichever may be less:— -----

Provided further that no transfer shall be made Benami.

(2) For the purposes of transferring any package deal property under sub-section (1), the Tehsildar (Sales) or Naib-Tehsildar '(Sales) may transfer the same to any person individually or jointly with any other person or persons. ,-

(3) Every Tehsildar (Sales) or Naib Tehsi,Car (Sales) selling any package deal property by public auction or otherwise under sub- section (1) shall be deemed to be a Revenue Off within the meaning / ffl of sub-section (4) of section 89 of the Registration F. et, 1908 (XVI of 1908). Power to recover damages:

5. Where a Tehsildar (Sales) or Naib Tehsildar (Sales) is satisfied that any person is or has at any time been in unauthorised occupation of any package deal property, then, without prejudice to any other action which may be taken against that person, the Tehsildar (Sales) or Naib Tehsildar (Sales) may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such package deal property and may, by order, require that person to pay the damages within such period and in such instalments as may be specified in the order:

Provided that no order shall be made against any person under this section until after the issue of a notice in writing to the person calling upon him to show cause, within such time as may be specified in the notice, why such order should not be made, and until his objec- tions, if any, and any evidence he may produce in support of the same, have been considered by the Tehsildar (Sales) or Naib Tehsildar (Sales), as the case may be.

•,(e) by lease on such terms and conditions as may be prescribed; Op

• Recovery of certain sums as arrears of land revenue:

6. -(1) An - _n payable to the State Government in respect of any package deal property may he recovered in the same manner as an arrear of land revenue.

(2) If any question arises whether a sum is payable to 'the State Government within the meaning of sub-section (1) in respect of any package deal property, it shall be referred to the Sales Commissioner within whose jurisdiction the package deal property is situate and the Sales Commissioner shall, after making such enquiry as he may deem_ fit and giving to the person by whom the sum is alleged to be payable an opportunity• of being heard, decide the question; and the decision of the Sales Commissioner shall, subject to any appeal or revision under this Act, be final and shall not be called in question by any Court or other authority.

(3) For the purposes of this section, a sum shall be deemed to be payable to the State GOvernmerit notwithstanding that its recovery is barred by the Limitation Act, 1963 (35 of 1963) or any other law for the time being in force relating to limitation of actions. Power _to vary or cancel leases or transfers of any package deal proPer-fY:

7. (1) Notwithstanding anything contained in .any other law for the time being in force but subject to any rules that may be made under this Act, the Tehsildar (Sales),or Naib Tehsildar (Sales) may cancel any transfer or termtrrat-e—a-n_y_ya_sse.oz—ame_ndt...kr —terms of any trans. er or lease undisi'-Virich--. any package deal property is held or occupied by • - person :

Provided that no transfer shall be cancelled, lease terminated or the terms of any transfer or lease amended unless such an action is permissible under the terms and conditions of the instrument of transfer or lease, as the case may be, and unless an opportunity of showing cause has been given to the transferee or lessee, as the case may be.

(2) Where any person—

(a) has ceased to be entitled to the possession of any package deal property by reason of any action taken under sub- section (1); or

(b) is, in the opinion of the Tehsildar (Sales) or Naib Tehsildar (Sales) otherwise in unauthorised possession of any package deal property;

he shall, after he has been given a reasonable opportunity of -showing cause against his eviction from such package deal property, surrender possession of the property on demand being made in this behalf by the Tehsildar (Sales) or Naib Tehsildar (Sales) or by any other person duly authorised by the Tehsildar (Sales) or Naib Tehsildar (Sales) as the case may be.

* If any person fails to surrender possession of any package deal property on demand made under sub-section (2), the Tehsildar (Sales) or Naib Tehsildar (Sales) may, notwithstanding anything to the contrary contained in any other law for the time being in force, eject such person and take possession of such property and may, for such purpose, use .or cause to be used such force as may be necessary. Appeals to Sales Commissioner:

8. (1) Any person aggrieved by an order of the Tehsildar (Sales) or Naib-Tehsildar (Sales) under this Act may, within thirty days from the date of the order, prefer an appeal to the Sales Commissioner, in such forms and manner as may be prescribed:

Provided that the Sales Commissioner may entertain an appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2. The Sales.' Commissioner may, after -hearing the appeal, con- firm, vary or reverse she ,,rder appealed against and pass such order in relation thereto as he may deem fit.

Appeal to Chief Sales Commissioner:

9. (1) Any person aggrieved by an order of- the Sales Commie- sioner may, within thirty days from the date of order, prefer an appeal. to the Chief Sales Commissioner, in such form and manner as may be prescribed:

Provided that the Chief Sales Commissioner may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was nrevented h`t., sufficient cause from filing the appeal in .:ime.

(2) The Chief Sales Commissioner may, after hearing the appeal, confirm, vary or. reverse the order appealed against and pass such order in relation thereto as he may deem fit.

Power of revision:

10. (1) The Chief Sales Commissioner may at any time call for the record of any proceedings under this Act in which a Tehsiidar (Sales) or r. Naib-Tehsildar (Sales) "or a Sales Commissioner in his district has passed an order for the nurpose of satisfying himself as to the legality or propriety of an:- such order and may pass such order in relation thereto as he ma:: deem fit.

'inserted by Act No. 10 of 1979. publistid Puri,lar, Liovernment Gaztte, (Extraordinary). dated 15th May. 1979 aT page 33.

(2) Without prejudice to the generality of the foregoing power under sub-section (1), if the Chief Sales Commissioner is satisfied that any order, whether passed before: or after the commencement of this Act, for the transfer of package deal property to any person, has been obtained by him by means of fraud, false representation or concealment of any material facts, then, notwithstanding ang contained in this Act, Ire—Chief Sales Commissioner may pass an order cancelling or modifying the order of such transfer.

(3) No order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard.-

(4) Any person aggrieved by an order made under sub-section (2) iiii3-CiTzEthhiLthirty days from the date of the order, make an application for the revision of, the order, in such form and manner as may be pres- cribed, to the **Commissioner and the Commissioner may pass such order, thereon as he thinks fit.

Review and amer.drn,ent of_ orders:

11. Clerical or arithmetical mistakes in any order passed by any officer or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer or authority or the successor-An-office of such officer or authority. Powers of officers:

12. Every officer appointed - under this Act shall for the purpose- - of making any enquiry or hearing an appeal under this Act. have the same powers as are vested in a Civil Court under the Code of. Civil • Procedure. 1908 (V of 1908), when trying a suit in respect of the follow- ing matters, namely :—

(a) surrunoning and enforcing the attendance of any person and examining him on oath:

(b) requiring the discovery and production of any document:

(d) issuing commissions for examination of witnesses:

(e) appointing guardians or next friends of persons who are minor or of unsound mind;

(1) any other matter which may be prescribed:

',*•17.1scrte,3 by Act No. in of 1979. Puniala Govrnrr.r-nt

Gazette. dated 15th May, 1979 at nage 33.

, ■ ^ and any proceedings before any such officer shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Act XLV of 1860), and every such officer shall be deemed to be a Civil Court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973 (Act 2 of 1974). Punctions and duties of Officers :

13. Subject to the provisions of this Act and the rules made thereunder, the officers appointed under this Act may take such measures as _may- be considered necesssary or expedient for the purpose of securing, administering, preserving, managing or disposing of any package deal property entrusted to them and generlly for the purpose of satisfactorily discharging any of the duties imposed on them by or under this Act and may for any such purpose as aforesaid, do all acts necessary or incidental thereto.

Power to transfer cases:

1 14. (1) The State Government may by an order in writing, at any time, transfer any case pending before a Commissioner to another Commissioner.

(2) The Commissioner may by an order in writing, at any time, transfer any case pending before a Chief Sales Commissioner to another Chief Sales Commissioner in his division.

(3) The Chief Sales Commissioner may, by an order in writing at any time, transfer any case pending before any officer appointed under this Act to another officer within his district.

(4) The officer to whom the case is transferred under sub-section (1), sub-section (2) or sub-section (3) may, subject to any special direc- tion in the order of transfer, ; proceed from the stage at which it was so transferred.

Power to call for record of proceedings:

1 15. (1) The State Government May at any time call for the record of any case under this Act pending before or disposed of by, any officer and may pass such order in relation thereto as in its opirlionV the circumstances of the case require and as is not inconsistent with any of ,the provisions contained in this Act or the rules made there- under.

'Substituted,—vide Act 10 of 1979, published in Punjab Govern- ment Gazette, dated 15th May, 1979 at page 33.

2 Substituted,—vide Act 10 of 1979, published in Punjab Govern- ment Gazette, dated 15th May,. 1979 at page 33.

(2) Subject to the provisions of sub-section (1), the Commissioner may at any time call for the record of any case under this Act pending before, or disposed of by, any officer, and may pass such order in rela- tion thereto as in his opinion the circumstances of the case require and as is not inconsistent with any of the provisions contained in this Act or the rules made thereunder.

(3) The State Government or the Commissioner shall not under this section pass an order reversing or modifying any proceedings or order of any officer without giving the affected person an opportunity of being heard.

Pending cases:

15-A. (1) Any appeal against an order of the Sales Commissioner pending under sub-section (1) of section 9 or any proceedings pending under sub-section (1) or sub-section (2) of section 10, immediately before the commencement of the Punjab Package Deal Properties (Disposal) Amendment Act, 1979, before the Chief. Sales Commissioner ^• shall stand transferred to and be decided by the concerned Chief Sales Commissioner.

(2) Any application for the revision of an order of _ the Chief Sales Commissioner under sub-section (4) of Section 10 or any proceed- dings pending under section 15, immediately before the commencement of the Punjab Package Deal Properties (Disposal) Amendment Act, 1979, before the State Government, shall stand transferred to and be decided by the concerned Commissioner.

Bar of jurisdiction and finality of orders:^.

16. (1) Save as- otherwise expressly provided in this Act, every order made by any officer or authority under this Act be final and no Civil Court shall have jurisdiction to entertain any suit or proceed- ing in respect of any matter' which the State Government or any officer or authority appointed under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

(2) Nothing in the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, shall apply to package deal property. Protection , of action taken in good faith:

17. No suit or other legal proceeding shall lie against the State Government or any person appointed under this Act in respect of any- thing which is in good faith,, done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

Power ..tc) make rules:

(Y) The 6- tate Gov erffinent.may, uy notification in the official

• Gazette, make rules to carry out the purposes of this (i:) In particular, and without prejudice to_ the generality of the foregoing power, such rules may proviae for all or any of the following ina,.ters, namely—

(a) the scale according to - which a standard acre is to be con- vertea into ordinary acres; (b)

the terrhs and conditions under which package deal property' may be disposed of or cransterrea under section 4; (c)

the form and manner in which and the time within which. an application for the transfer of property may be made by an occupant and the particulars which it may contain;

(6) the procedure for the transfer of property and the manner of realisation of the sale-proceeds;

(e)

proceaure for valuation of any property forming part of the package deal property;

(f) the principles of assessment of damages of package deal

property under unauthorised occupation; (g)

the powers, function's and duties of the Tehsild": (Sales) and Naib-Tehsildar (Sales),

(h)

the form and manner in which records and books of accounts may be maintained;

(i) the form and manner in which appeals, revisions or other

applications may be preferred or made under this Act and

the procedure for hearing Such appeals, revisions or other^-

applications;

(j) the fees payable in respect of appeals, revisions or other applications made under this Act;

(k) the powers vested in . Civil Court which may be exercised by an officer appointed under this Act;

(I) any other matter which is to be or may be prescribed under

this Act.

(3) Every rule made under this secton shall be laid, 'as soon a

ure

may be, after it is made, before the House of the State Legislat

while it is

in session for a total period of ten days which may be com- prised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid odifications in or the success

the

ive

session aforesaid, the House agrees in making any m rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything pre

viously done or omitted to be done under that rule. \t'

SCHEDULE

[See section 2(1)] No. 3(35)/Po1.II/ /60, Land & Rent

GOVERNMENT OF INDIA

MINISTRY OF REHABILITATION

Office of the Chief Settlement Commissioner Jaisalmer House, New Delhi.

Dated the 3rd June, 1961.

The Chief Settlement Commissioner & Joint Secretary to the Government of India.

To The Secretary to the Government of Punjab, Rehabilitation Department Jullundur. Subject :

—Sales of surplus rural evacuee lands and houses/taars the Punjab Government.

Sir,

I am directed to refer to the correspondence resting with the

Shri B. S.

Grev.ral's D.O. letter No. Reh.(61)/833, dated the 24th April, , on

above subject, and to state that 19as resfollowing ult of the

decisions have

further discusbeensions

held with him on the 4th May, 61,

the

taken for transfer of the surplus evacuee lands and houses/taurs to the Punjab Government—

(1) An area of about 80,000 std. acres of surplus d lan wil . 415 l

sold to the Punjab Government at the rate of Rsr std. acre.

(2) The surplus rural houses/taurs, the estimated value of which is about Rs. 2 crores will be sold to the Punjab Government at 5 --- cent

of the reserve price already

fixed.

(3) The Punjab Government will be given a rebate e.c,ual to ti per cent of the sale price of (1) and

(2) above to meet From

administrative expenses for the disposal of the above properties.

(4)

Banjar land, approximately, 1,11,004 acres will be sold to the Punjab Government at Rs. 5 per acre.

(5)

The entire area of Ghair mumkin land, the area of which is not yet known will be sold to the Punjab Government at a token price, of Rs. 100.

(6)

Any other land which is not fit for cultivation such as land under river action or situated in the Bet areas will be treated as Ghair Mumkin/bartjar land, as the case may be and sold to the Punjab Government on the rates mentioned under (4) and (5) above. The area of such land is also not yet known.

The area or the number wherever mentioned is only approxi- mate. The Punjab Government would take imivadiate steps to find out the extent of area in each category and the number of the houses/ taurs together with the reserve price. The total amount payable on that account will also be intimated by them soo.i,

It has also been decided that the entire price of the above properties will be paid by the Punjab Government vAthin wall period of e 3 years commencing from 1st April, 1961. The payment i be mad half yearly so as to complete the entire price in six .instalments. The first instalment will be paid on 1st October, 1961. These instalments will not bear any interest. The last instalment will be paid on or before 31st March, 1964.

These properties will also be deemed to have been -transferred to the Punjab Government with effect from the 1st April, •1961. All income derived from these properties after that date, i.e.,, rent, lease money, etc., will be credited to the State Head of Account.

The amount to be paid 'by the Punjab Government will be credited to the compensation pool under the head of account ") ,a_ATI—

Msic. receipts, on account of Displaced Persons—Receipts on account of acquired evacuee property",

Monthly return of the progress of the work may please be forwarded to this office on the 10th of each month. Yours faithfully,

S. W. SHIVESHWARKAR,

Chief Settlement Cmmissioner and Joint Secretary to the Government of India.

No. 3(54)/Po1.II/60-L&R

GOVERNMENT OF INDIA

MINISTRY OF REHABILITATION

Office of the Chief Settlement Commissioner Jaisalmer House, New Delhi.

Dated the 5th March, 1962.

From

The Chief Settlement Commissioner. To

The Secretary to the Government of Punjab, Rehabilitation Department, Jullundnr. Subject : —Sales of excess land in occupation of the allottees. Sir,

I am directed to refer to item No. 3 of the minutes of the meeting held at Chandigarh on the 29th January, 1962, on the above subject and -

to say that as decided in the meeting the excess area in occupation of the allottees may be treated as a part of the package deal and its price at the rate of Rs. 445 per standard acre be paid along with the price of other properties forming part of the deal. It may, however, be clarified that only the excess land which has been detected and sold after 1st April, 1961, will be disposed of in the above manner. The sale price of

the excess land which was detected before the date will be paid directly to the Compensation Pool as was done hitherto.

Yours faithfully,

SHIV KUMAR VERMA,

for Chief Settlement Commissioner.

No. F.18 (401J / 61 /Prop./Comp. & Prop.

GOVERNMENT OF INDIA 1

MINISTRY OF WORKS, HOUSING AND REHABILITATION

(DEPARTMENT OF REHABILITATION)

Office of the Chief Settlement Commissioner Jaisalmer House, New Delhi.

Dated the 23rd March, 1963.

From

The Chief Settlement Commissioner. To

The Secretary to the Government of Punjab, Rehabilitation Department„Tullundur. Subjeci, :—Sale of acquired evacuee urban agricultural lands in Punjab to the Puiljab Government in a Package Deal.

Sir,

I am directed to refer to Shri B. S. Grewal's D.O. letters Nos. 2976/ C(Reh) and Reh(CH)/63/234, dated the 19th December, 1962 and 18th February, 1963, on the above subject and to Item No. III of the minutes of meeting held in the room of Secretary, Ministry of Works, Housing and Rehabilitation, on 8th January, 1963, with the Financial Commis- sioner, Punjab, and also, to item IV of the minutes of the meeting held at Chandigarh on 16th February, 1963, between the Chief Minister, Punjab and the Union Minister of Works, Housing and Rehabilitation, and to convey the sanction of the President to the sale of the remaining acquired evacuee Urban Agricultural Land in Punjab to the State Government at the rates, etc., shown in the attached statement.

2. The total price recoverable from the Punjab Government in respect of the above landF, is Rs. 18.18,950 (Rupees Eighteen Lacs, Eighteen Thousand, Nine Hundred and Fifty only). The above amount will be paid by the Punjab Government in a lump sum on 1st April, 1968, but in case the State Government desired to pay the amount within a period of one year. i.e., up to 31st March, 1964, no interest will be charged. The amount paid by the Punjab Government will be credited to the Compensation Pool' under the Head of Account "L—II—Miscel- laneous—Receipts on account of DPs—Receipts forming part of Com- pensation PoOl—Receipts on account of sale of acquired Evacuee Properties".

3. The above lands will.be deemed to have been transferred to the Punjab Government from 1st April, 1963. All income derived from these properties after 1st April, 1963, i.e., rents, lease money, etc., will be credited to the State Head of Account.

4. Acquired Evacuee Urban agricultural lands which had already been sold by auction or by allotment by the Regional Settlement Commissioner but in respect of which salse/transfers might be cancelled • in future on account of the failure of purchasers to pay up the balance purchase price according to agreements. will also be transferred to the Punjab Government at the rates mentioned in para 1 above and the price paid by -the- Punjab Government will be credited to the Head of Account mentioned in para 2

5. This letter issues with the concurrence of the Ministry of Finance (Department of Expene.liture),—Vide their U.O. No. 710/FRI/63, dated 22nd March, 1.963.

Yours faithfully,

M. J. SRIVASTAVA,

Settlement Commissioner (C) & Ex-officio,

Under Secretary to the Government of India.

I Evacuee Area

2 Area under Occupancy rights

651.00

----

Serial Nature of land Area

No.

i • 1

3 4

------_--- _______ — ______ -- Acres Rs Rs

680.00 - 1,100 - 7,48,070.0

550 3,58,050.00

3 Evacuee share of area jointly owned 13:s Evacuees and non-Evacuees

. 4 Shamlat Gharirmumkin Rasta 3nd

Ghairmumkin Johar

Total

Notes: —(1)

Evacuee ar-,t shown at Ser ialNo.1 included 176 acres which were auctioned from 1st December, 1962 o ;;th January, 1963 and the bids were not confirmed.

(2) Detailed lists of the above lands, transferred to thePun.iab Government, will befurnished to the State Government by the R.S.C., Jullundur.

M. J. SHRIVASTVA, Settlement Commissioner and Ex-Officio

Under Secretary to the Government of India.

No. F18(40)/61-Prop/Comp.^& Prop.

GOVERNMENT OF INDIA

MINISTRY OF WORKS, HOUSING AND REHABILITATION

(Department of Rehabilitation)

Office of the Chief Settlement Commissioner Jaisalmer House New Delhi.

Dated the 29th March, 1963.

From

The Chief Settlement Commissioner. To

:lubject :—Transfe.r of acquired evacuee urban built-up properties to the

•

. Government of Punjab in package deal. The Secretary to Government of Punjab, Rehabilitation Department,

Julltm dur / Chandigarh.

I am directed to refer to item No. VI of the minutes of the meeting Sir,

held at Chandigarh on the 16th February, 1963 between the Chief Minister, Punjab and the Union Minister for Works, Housing and Rehabilitation and to convey the sanction of the President to the sale of the remaining Acquired Evacuee Urban Built up properties comprising of houses, shops, Kholas/Sites in Punjab to the Punjab Government at

15 per cent of their reserve price as per details given in the attached statement.

2. The total price recoverable from the Punjab Government in respect of the above properties is Rs. 27,25,294 (Rupees twenty-seven lags twenty-five thousand two hundred and ninety-four only). The above April

, will be paid by the Punjab Government in a lump sum on 1st April, 1963 but in case the State Government desire to pay the amount within a period of one year i.e. up to 31st March, 1964, no interest will be charged. The amount paid by the Punjab Government -will be credited to the "Compensation Pool" under the Head of Account "L-11— Miscellaneous Receipts on account of DPs—Receipts forming part of Compensation Pool-Receipts on account of Sale of acquired Evacuee. PropertiW.

Statement Showing the Area and Cost of acquired Evacuee Urban Agricultural Lands in Punjab

Sold to the Punjab Government in a 'Package Deal' Amount Rate per

acre

1,296.00

186.00

2,813.00

550 7,12,800.00

100

(Token price in all)

_____ 18,18,950

3'''.1The above properties will be deemed to have been transferred to the Punjab Government from Ist April, 1963. All income derived from these properties after Ist April, 1963, i.e. rents, lease money etc. will be credited to the State Head of Account. All receiptS of these properties in respect of the period prior to the Ist April, 1963, will be credited to the Central Government.

4. Acquired Urban Evacuee built up properties which had already been sold by auction or by allotment by the Regional Settlement Commissioner but in respect , of which sales/transfers might be cancelled in future on account of failure of purchasers to pay up the balance purchase price or for any other reason will not form part of this Package Deal. Such properties will be disposed of by the State Government and the Sale-proceed: credited to the. Central Government. The question of paying the State Government a commission on the sale-proceeds to cover their expenditure will be considered in due course.

5. This letter issues with tie concurrence of the Ministry of 7:nance (Department of Expenditure),—vide theirU.O. No. 766/FR-I/63, dated 27th March, 1963.

Yours faith-F-,1v,

M. T. SRIVASTAVA,

Settlement Commissioner and Ex-Officio Under Secretary to the Government of

Statement ShowingDetails in Respect of Acquired Ecvacuee Urban Properties in Punjab Sold to the Punjab Government in a Package Deal

No. of Reserve

properties price

7,3S1

1,1.5,33,313

17.29,997

1 House s

170 6,64,218 99,633

2 Shops

7,543, 59,71,092 8,95,564

3 KholastSites_

15,094 1,81 68,623 27,25;294 Note:—Detailed

lists of the properties tansferred to the Punjab Government are being prepared the Regional Settlement Commissioner, Jullundur, after actu al survey and will be furnished tothe State Government by the Regional Settlement Commissioner. TheremaY, threfore, be some variation in the above figures. •

Serial

Nature of properties

No.

Price to be

paid by the

Punjab

Government

M. J. SRIVASTAVA,

Settlement Commissioner and Ex-Officio Under Secretary to the Government of India.

DEPARTMENT OF REHABILITATION

Notification

The 24th September, 1976. (Amended up-to-date) No. 2(753)/G-5/19556.—In exercise of the powers conferred by section 18 of the Punjab Package Deal Properties (Disposal) Act,. 1976, the Governor of Punjab is pleased to make the follf.ygin Rules_, namely: —

1. These Rules may be called the Punjab Package Deal Properties (Disposal) Rules, 1976.

CHAPTER I

Definitions:

2. In these Rules, unless the context otherwise requires;

(a) 'Act' means the Punjab Package Deal Properties (Disposal) Act, 1976;

•

(b) 'agricultural worker" means a person who has agriculture as the only source of his livelihood but who does not own land and includes a Tenant, Sepi, Sanjhi or Agricultural Labourer;

(d) 'head ,of the family' means a person living separately from his parents, may be in one and the same house and who is paying Chulha Tax, Chowkidara or any other cess;

(e) 'land' means surplus evacuee agricultural land included in Package Deal Property, which is not occupied as the site of any building and is used for agricultural purposes or for purposes subservient to agriculture or for pasture;

(f) 'landless' agriculturist' means a head of . the family who is an agriculttiral worker;

Revenue Department or any other source, on instalment basis or otherwise by the occupant of surplus rural evacuee agricultural land, his wife or dependent children even if it has not been fully paid for;

(h) 'Prescribed scale' means the scale as prescribed in the Land Resettlement Manual;

•

(i) 'Property' means the building or building site included in the Package Deal Property;

(j) 'restricted auction' means an auction confined to the members of the Scheduled Castes or to socially and educationally Backward Classes of citizens, notified by the State Government, from time to time;

(k) 'Rural area' means an area within the State of Punjab which is not urban area;

(1) 'Rural Property' means land and property located in a rural area;

(in) 'Urban area' means any area within the limits of a Corporation, a Notified Area Committee, a Town Area Committee, a small Town Committee, a contonment or any ,other area notified as such by the State Government, from time to time;

(n) 'Urban Property' means land and property located in an urban area.

CHAPTER II

(PART I)

3. Transfer of land in rural area.—(1) Persons entitled to make applications for .the transfer of land, on the basis of possession.—An application for the transfer of land which is rural property, as and when nvited by Government, may be made by a person *whose own holding is ess than five ordinary acres and who is an occupant of such property, -or ho is a landless agriculturist or who is such other landless occupant or elongs to such class of occupants, as may be notified by the Government om time to time:—

Provided that the applicant—

(i) is head of the family; '(ii) is a self-tiller; *AM ended,—vide Notification, dated 20th January, 1979, published Punjab Government Gazette, dated February 16, 1979, 7ry

(g) !own holding' includes: (i) the land owned by any person, his wife and his dependent children but does not include his wife's or his dependent children's share in the holding of his living father or relation to which any one of them may succeed as legal heir or reversioner, (ii) any nazool or inferior evacuee agricultural land purchased from the

I. •

Explanation : —A widow who is occupant and is gettin cultivated by her son(s) or by employing self-tiller. servant(s); or otherwise shall be considered as

(iii) is in continuous and undisputed cultivating possession of the land from the crop that may be prescribed by the State Government from time to time; and

(iv) has applied for the transfer of the land occupied by him on or before the date, as may be, prescribed by the State Government, from time to time.

(2)

Persons not entitled to make applications for the transfer o the land:—An occupant shall not be. entitled to apply if— of (i) he is a minor, provided he is not a legal heir of an occupant

who,has died after making an application by the prescribed date;

(ii)

he is an allottee or vendee of land, the allotment or transfer

• , whereof has' been cancelled on the - grounds of fraud, misrepresentation of facts or otherwise;

(iii) she is a woman, whose husband is alive but is not disabled .

. or incapacitated; *(iv) he has already purchased surplus rural evacuee-agricultural ., • 4 land on the basis of possession or in restricted auction and has disposed of the same, or has ceased to be entitled to hold the land by reasons rof default in the terms and conditions of the transfer or sale. .

(3) Determination of eligibility.—(i) On receipt of the application for the transfer of the land, the Tehsildar (Sales) or Naib Tehsildar (Sales) shall scrutinise the same under these rules and determine the

eligibility of each applicant.

(ii) In determining the eligibility of an occupant, the Tehsildat (Sales) or Naib Tehsildar (Sales) shall ensure that applicant's possession is established to be continuous and undisputed from the prescribed crop to the date of scrutiny of his case, from ,the entries made in the Revenue Record:

Provided that in a case where the entries of Revenue- record are found to be doubtful or have been tampered with or where any entry in the Revenue Record is found to have been corrected after the date as may be prescribed by the State Government 'from time to time, the Tehsildar (Sales) or Naib-Tehsildar (Sales) may reject the same:

*Amended,—vide Notification, dated 20th January, 1979, published in Punjab Government Gazette, dated February 16, 1979.

Provided further that where, in a case, the Tehsildar (Sales) or Naib Tehsildar (Sales) is satisfied that certain entry or entries made in the Revenue Record have been tampered with malafide to harm the interest of an eligible occupant, he shall not reject the same, but shall refer it to the Sales Commissioner, for decision, who may decide it after -holding such enquiry as he may deem fit.

(iii) In a case, where an occupant of the land has died after making the application by the date prescribed by the State Government _from time to time, the Tehsildar (Sales) or Naib Tehsildar (Sales) shall proceed with the determination of the eligibility as if the legal heirs of the deceased were the occupants.

(iv) In the case of a legal heir, his own holding shall have the same meaning as that of the occupant's own holding and while determining the eligibility for the transfer of the land this holding shall be taken into account:

Provided that in the event of plurality of heirs of a deceased occupant, no individual heir shall be entitled to the transfer of the land exceeding his, proportionate share in the land occupied by the deceased occupant.

*(v) The occupant, who is a member of a registered society engaged in the cultivation of the land, shall be eligible for the transfer of land, notwithstanding, the fact that the entries in the Khasra Girdawari are in the name of the said society, provided he is a self tilling member and fulfils other conditions; prescribed for the purpose. , (4) Determination of own holding, date for.—The determining date for an occupant's own holding shall be the date on which his application for "the transfer of the land is decided by the Tehsildar '(Sales) or Naib :;Tehsildar (Sales). A, part or whole of the holding, if transferred by an occupant, his wife or 'his dependent children to any one in any manner or acquired by him, his wife, or his dependent children from any source on or after the date as may be prescribed by the State Government from time to time, and before' the decision 'of his application by' the Tehsildar (Sales) or Naib-Tehsildar (Sales) shall be deemed to be a part or whole 'of his holding.

**(5) Price of the land.—The price of the land transferred shall be determined at such rates as the State Government may prescribe from time to time.

(6) Scrutiny of applications.—(i.) On receipt of an application for the transfer of land, the Tehsildar (Sales). or Naib Tehsildar (Sales) shall scrutinise and dispose it of under these rules.

*Added,—vide Notification dated. May 17, 1979.

**Amended,—vide Notification, dated 20th January, 1979, published ' • Punjab Government Gazette, dated February 16, ,979.

(ii) Where the Tehsildar (Sales) or Naib Tehsildar (Sales) is satisfied that the occupant is eligible for the transfer of land in his or her possession, he shall send the case to the Sales Commissioner for approval, after recovery of the first instalment equivalent to 20 per cent of the total price of the land transferred and the arrears of— rent/lease or 5. damages, if any. *These arrears shall be paid in lump such or in such number of instalments as may be fixed by the Sales Commissioner by a specific order, keeping in view the circumstances of each case and the number of instalments so fixed shall not exceed the number of instal- ments in which price of land is to be recovered.

(iii) The Sales Commissioner may, after scrutiny of the case , referred to 'him under sub-rule (2), either confirm or reject or modify the t

recommendations of the Tehsildar (Sales) or Naib Tehsildar (Sales): i Provided where a transferee is a seornan or a minor, the Sales' Commissioner shall send the case to the Chief Sales Commissioner, with p -

his specific recommendations,

(7) Mode o= recovery of price^of land.—Where any land' has been transferred to an occupant under these rules, the price of such land shaL be payable in instalments, the number of such instalments and amouri, of each instalment shall he such as may be specified by the State, from time to time. .

(8) l'zerest or:. insalmenta.—Where any land is .. transferred on instalment basis, the transferee •shall be liable to pay interest at the rate, as may be specified by general or special order by the State-Government t from time to time.

t(9) Default in the payment of instalment.—In the event of defau y lt

on the part of transferee of land in the payment of any instalment b the stipulated date, Tehsildar (Sales) or the Naib Tehsildar (Sales) may recover the amount of the defaulted instalment with interest at the rate oi [seven ner cem. ne,r annum asaarrears of lar

ilre,ve,nuescw.ht:faat ai tai; ...ii;,,,,-

_:----'-7id—Trcr..,;:f 5-, v. r- t,c,s,-,, 4 etc. ;ift-ya,i. fA ,.."--f-; 1 tai-i ,^--t-'- - ' M 1-

4:f- L (10) Re±ush: to accept

the transfer of land.—Where an occupant

refuses to accept the trensfer of the land transferred to him, it shall be •..,i - r i ,

disposed of in auction or in any other manner prescribed under' these'i.

. , 4„:

• rulesi. ;eta-re:ay 1.4(4. . -.La Li.ea,seef cela 1-C.A....q-;. .A. , ' . rr----.77,7,. "' - (1.1) Deed oT convevance

to be executed.—Where any land'

isli. 4

transferred to an occupane under this chapter. and he he's pei.c3 full nrice • — - --------=- ----. .--_ thereof, a Deed of Cceiveyance shall be executed in :ohm specified iri.

Appen

..._

dix 'A' to these rules.

_..... ..._ ..

Add ed ,---14.; e Nosifi cation. d et ed. 20th J anuary. 19 7 9. pubilshed.;_,

1:3unjah C-owerrenient Gaeette. drted Febrt3.::::

-:. 10, 1979.

--A.rnendeel /inserted,—

ride Notitica.tion dated 2ath Jauar;

, 1N9a

Published in Pnejeo Gev, -line:lei. GLia.ttc., .'2' t'e .--1 179bru;iry

*3-A. Allotment of rural land to

holders.,-.-The rural land whi.Oh is not t possession may in the first instance be allele _ land holders.

PART II

/4. (1) Allotment of.land in rural area to permanently disabled -

soldierMed. action.—(1) ;Permanently disabled soldiers, widows or • parents_ or children ...of the soldiers killed in the Chinese Aggression of 1962 and Pakistan aggression of 1965 and widows of the Personnel of the Armed Forces, Border. Security Force a:rid Punje..b Armed Police killed in the Indo-Pakistani: conflict of 1971, shall. be enti'fhed to the allotment on payment of the cultivable land as'far as possible, up to the limit of ten Ordinary acres inclusive of their own I olding4..if eah, at such rate, Der standard acre as may be fixed by .the vernment from time to time... For the purpose of valuation of land, ordinary acres'Shall be hconvertedaintoastandard acres, in accordance with the prescribed scale.

(ii) If any widow ef a soldier killed in "the Chinese aggression of 1982. or Pakistan aggression of 1965 *or 1971 remarries a person other than real brother, of her deceased husband before the allotment of the land, she shall lose her ight-6 get the allotment and in that. case allotment shall be made in e name of her children from the deceased soldier, alad in case thewid is issueless, the allotment shall be made to the parents of the killed leder, irrespective of the fact. whether or not, they ._have submitted se crate applications by the prescribed date, in such a 'case, • the application submitted by a widow, by the ore.scri date, shall be deemed to have been duly submitted in time by fr4' children or, the par nets, of the deceased soldier,,as the case may be Provided that in the case of the minor children' of the deceased soldier, .he. allotment Of-.land shall be made through their guardian.

(iii) If any ellottee of land, who was a remarries within a

period of 10 yeats from the date of allotment, the land allotted to her shall be liable to be cancelled by the Tehsildar (Sales) or Naib Tehsildar (Sales) after due notice even if full price thereof had been .paid and the

area thus retrieved shall be allotted to the children of the - deceased soldier, if any, through their guardian or lo the parents of the deceased soldier, as the case may he

(iv)

The price of land shall be recovered in 20 half-yearly interest- free instalments; the first inssalment equiva]ent to 5 per cent of the price paya'ole ea the .time of allotment of the land he the Tehsildar (Sales) )1:

Aete.eided/inE;erted.---e::.de Notification dated 20th January, Pnblished in Punjab Goherrenent Gazette, haled Febrtary 16, 19 -

eemcndede—vide Nahlicstion, dated !?:,. th June, 1970, pu.bl' anja, c s dd,.E ^lit

the

he basis

tied displaced

(ii) Where the Tehsildar (Sales) or Naib Tehsildar (Sales) is satisfied that the occupant is eligible for the transfer,of land in his or her possession, he shall send the case to the Sales Commissioner for approval, after recovery of the first instalment equivalent to 20 per cent of the total price of the land transferred and the arrears of rent/lease or damages, if any. *These arrears shall be paid in lump such or in such number of instalments as may be fixed by the Sales Commissioner by. a specific order, keeping in view the circumstances of each case and the number of instalments so fixed shall not exceed the number of instal- ments in which price of land is to be recovered.

(iii) The Sales Commissioner may, after scrutiny of the case referred to him under sub-rule (2), either confirm or reject or modify the recommendations of the Tehsildar (Sales) or Naib Tehsildar (Sales):

Provided where a transferee is a woman or a minor, the Sales Commissioner shall send the case to the Chief Sales Commissioner, with his specific recommendations. •

. (7) Mode of recovery of price of .land.—Where any land has been transferred to an occupant under these rules:the price of such land shall be payable in instalments, the number of such instalments and amount of each instalment shall be' such as may be specified by the State from time to time.

(8) Interest on instalments.—Where any land is • transferred on instalment basis, the transfeiee shall be liable to pay interest at the rate, as may be specified by .general or special order by. the/State Government from time to time.

t(9) Default in the payment of instalment.—In the event of default on the part of transferee of land in the payment of any instalment by the stipulated date, Tehsildar (Sales) or the Naib Tehsildar (Sales) may recover the amount of the defaulted instalment with interest, at the rate of seven per cent per annum as arrears of land revenue.

(10) Refusal to accept the transfer of land.—Where an occupant refuses to accept the transfer of the land transferred to him, it shall be disposed of in auction or in any other manner prescribed under these rules.

(11) Deed of conveyance to be executed.—Where any,. lattol is transferred to an occupant under this chapter, and he has paid full price thereof, a Deed of Conveyance shall be executed in form specified in Appendix 'A' to these rules.

*Added,—vide Notification, dated 20th January, 1979, published in Punjab Government Gazette, dated February, 16, 1979. tAmended/inserted,—vide Notification, dated 20th January, 1979, published in Punjab Government Gazette, dated ,February 16, 1979, PART II •

4. (1) Allotment of /and in rural area to permanently disabled soldiers kil e in action.—(1) 1-Permanently disabled soldiers, widows or parents or children of the soldiers killed in the Chinese Aggression of 1962 and Pakistan aggression of 1965 and widows of the Personnel of the Armed Forces, Border Security Force and Punjab Armed Police killed in the Indo-Pakistan conflict of 1971, shall be entitled to the allotment on payment of the cultivable land as far as possible, up to the limit of ten ordinary acres inclusive of their own holdings, if any, at such rate, per standard acre as may be fixed by the State Government from time to time. For the purpose of valuation of land, ordinary acres shall be converted into standard acres, in accordance with the Prescribed scale.

(ii) If any widow, of a soldier killed in *the Chinese aggression of 1962 or Pakistan aggression of 1965 for 1971 remarries a person other than real brother of her deceased husband before the allotment of the land, she shall lose her right to get the allotment and in that case allotment shall be made in the name of her children from the deceased soldier, and in case the widow is' issueless, the allotment shall, be made to the parents of the killed soldier, irrespective of the fact, whether or not, they have submitted separate applications by the prescribed date, in such a case, the application submitted by a widow, by the prescribed date, - shall be deemed to have been duly submitted in time by the children or the parents or the deceased soldier, ,as the case may be:

Provided that in the case of the minor children of the deceased soldier, the allotment of land, shall be made through their guardian.

(iii) If any allottee of land, who was 'a widow, remarries within a period of 10 years from the date of allotment, the land allotted to her , shall be liable to be cancelled by the Tehsildar (Sales) or Naib Tehsildar (Sales) after due notice even if full price thereof had been paid and the area thus retrieved shall be allotted to the children of the deceased soldier, if any, through their guardian or to the parents of the deceased soldier, as the case maybe. '

(iv) The price of land shall be recovered in 20 half -yearly interest- free instalments; the first instalment equivalent to 5 per cent of the price, payable at the time of allotment of the land by the Tehsildar (Sales) or *Amended/inserted,—vide Notification, dated ,20th January, 1979 published in Punjab Government Gazette, dated February '16, 1979. tAmended,—vide Notification; dated 30th June, 1979, published in Punjab Government Gazette, dated 14th September, 1979.

*3-A. Allotment of rural land to unsatisfied displacea land holders.—The rural land which is not transferred on the basis of possession may in the first instance be allotted to unsatisfied displaced land holders.

•

10,;-Tehsildar (Sales). The next instalment shall be payable at the end of the first crop after the expiry of one year from the date of allotment. *(v) In the event of default in the payment of any instalment by an allottee, he shall be liable to pay interest at the rate of seven per cent per annum for the over-due period and in the event of default of two successive instalments, the Tehsildar (Sales) or Naib Tehsildar (Sales) shall recover the amount of defaulted instalments with interest as arrears of land revenue.

(2) Deed of Conveyance to be executed. .- Where any land is allotted to any person under this Chapter and full price thereof has been realised, a Deed of Conveyance shall be executed in form specified in Appendix 'A' to these rules.

PART III

5. Transfer of Property in. a rural. area.—(1) Where any property in a rural area is cccupied by any person from January 1, 1970, or any other date that may be specified by the Government from time to time, he shall be entitled to its transfer provided his possession over it has been continuous. un-disputed.

(2) The transfer shall be made by the Tehsildar (Sales) or Naib- Tehsildar (Sales), on reserve or concessional price, as the case may be:

Provided that the occupant has made application for the transfer within such time as. may have been or may from time to time be fixed by the Government and where no such application has been made in time, the Tehsildar (Sales) or Naib-Tchsildar (Sales) shall transfer the property on payment of penalty amounting to 50 per cent of the reserve price, in addition to the said price. in the case of an occupant other than the members of the Scheduled Castes and Backward Classes and upto Rs, 50 in the case of Scheduled Castes or Backward Classes occupant.

(3) Fixation of Reserve Price.—(a) For the purpose of transfer of a property under these rules, the reserve price shall be the one entered in the Sikni Register. Where the price of a property is not mentioned in the Sikni Register. or the Sikni Register has been lost or destroyed, the reserve price of a built tip property or a site shall be fixed by the Tehsildar (Sales) or Naib-Tehsildar (Sales), in consultation with the Village Panchsyat subject to the approval of the Sales Cornmiss)oner:

. . .

• *Amended.—vide I\:c,tification. dated 20th January. 1979,4pun..—../ed ill Punjab (...4overnme:m

1.979_

Provided that in the case of a site located in a village covered by the following categories, the reserve price shall be fixed at the following rates: —

(i) Village within 3 miles of -a Prevailing market price. - first class Municipality.

Village beyond 3 miles but

Rs. 1.20 per square meter.

within five miles of a firs:

class Municipality. •

Village within 2 miles of E. 0.90 per square meter. Municipalities other than a

first class Municipality.

Village -dthin five miles of Re. 0.15 per square meter. a river:- irrespective of

population.

Village beyond five miles of Re. U.60 per square meter. a river, with population

above one thousand.

Village be7c.10 five miles of Re. 0.30 per square meter. a river, with population

up to one thousand.

Provided further that where a village falls in mere than one category, the reserve price of a site shall be fixed at the . highest rate prescribed for any of the categories in which it falls.

(b) The market price of a site shall be assessed on the asis of the last 2 years transactions, in the village and the market . ice so fixed, shall be subject to the approval of the-,Sales Commissione...

(c) A Scheduled Castes or a Backward--•Class„ occupant shall be entitled to the transfer of a built up property at .tht concessional price of Rs, 30 provided its reserve price does not exceeds Rs.•J0Q0: If the reserve price of such property exceeds Ks. .1/0'61 the excess arrid,iiit---o.er and above the said limit, shall be payable by the occupant in alddition to . concessional price of Rs. 30.

(CI) A Scheduled Castes and Backward Classes occuloant of a site, shall be entitled to its transfer at the concessional price of 10; provided the area of the site is 10 marlas or less or its reserve•price 1,000 or less. Where the area of the site or its reserve price exceeds the above limits, the occupant shall be entitled to the transfer cf the site but the reserve price over and above Its. 1,000 shall be p:.yable by occupant ad:Ltion to the concessional pricc of PL.

42 ,

(e) Where any property above the price of Rs. 1,000 is occupied by more than one Scheduled Castes or Backward Classes occupant, the portibn occupied by each shall be transferable on the concessional price of Rs. 30 provided the price of the said portion is Rs. 1,000 or less.

(4) Mode- af recovery of the price of a property.—Where a property is transferred under this Chapter, its price shall be recoverable in lump sum by the Tehsildar (Sales) or Naib-Tehsildar (Sales) at the time of the transfer if the said price - is Rs. 500 or less. If the price of the property is above Rs. 500 then 25 per cent of the same shall be recovered at the time of the transfer, and the balance amount shall be paid by the transferee within 15 days of the receipt of intimation with regard to the approval of the transfer.

Provided in the case of Scheduled Castes or Backward' Classes occupant, the balance price shall be recovered in four half-yearly interest free instalments, or such number of instalments as may be fixed by the Government from time to time.

(5) Recovery of rent of a property.—Where a property is occupied by a member of the Scheduled Castes or Backward Classes, no rent shall be recoverable.

(6) Default in the payment of price.—In the event of default, in the payment of the balance price or any instalment, in relation thereto, the Tehsildar (Sales) or Naib Tehsildar (Sales) may cancel the transfer, forfeit the amount already paid and resume the property, after notice to the defaulter.

(7) Authority competent to approve the transfer.--(i) Where any property is transferred under these rules, its approval shall be accorded by the Tehsildar (Sales) or -Naib Tehsildar (Sales) after the expiry of fifteen days from the date of the transfer provided the reserve price of the property is Rs. 250 or below;

(ii) Where the value of the 'property exceeds Rs. 250, the Tehsildar (Sales) or Naib-Tehsildar (Sales), shall refer the case to the Sales Commissioner for approval with his recommendation; and

(iii) The Sales Commissioner may after scrutiny of the case eithefV confirm or reject or modify the recommendations of the Tehsildar (Sales) or Naib-Tehsildar (Sales).

(8) Conveyance Deeds, to be executed.—Where any property is transferred to an occupant under this Chapter, and he or she has paid full price thereof, a Deed of Conveyance shall be executed in form , specified in Appendix 'A' appended to these rules,

• 6

PART IV

6. Sale of land or property by auction.—*(1) Where any land or property is not transferred under Part I, Part II and Part III of this Chapter, and it is not required for, sale by negotiation, to any Govern- ment Department, Semi-Governmtnt Department, Co-operative Society, 'Corporate Body, Public Institution or any local • authority for a public purpose, it shall be disposed of by public auction or restricted auction by the Tehsildar (Sales) or Naib Tehsildar (Sales).

*(2) Land to be sold by public auction—The following categories of land shall be sold by public auction, open to all: —

(i) The lands retrieved by the Directory Organization set up by the State Rehabilitation Department which are not transferred to- the displaced land holders;

(ii) Lands which are sub-urban or are potential residential or commercial sites or are under garden or fall within garden colonies;

(iii) Small fragments of land not ,exceeding 2 acres, surrounded by the holdings of the owners and are in'accessible;

(iv) Land already sold in ppen auction, but the sale of; which has been set aside by a competent 'authority;

(v) `Banjar' and `Ghair Mumkin' land, which is fit for reclama- tion, or which is not transferred to the Forest Department for afforesta- tion or village Panchayats.

(3) The surplus rural evacuee agricultural land, which does not fall in the categories mentioned in the proceding sub-rules, shall be disposed of by restricted auction.

(4) Persons who can participate in restricted auction.—Where any land is to be sold by restricted auction only a landless agriculturist who is a member of the Scheduled Castes and resides in the ,village in, which the land offered for sale is situate shall be permitted to participate in the auction; provided that it after the proceedings of the restricted sale as above, more land is available for sate in the village, a landless agricul- turist who is a member of the Scheduled Castes and resides in other villages of the same Tatwar Circle shall be permitted to participate in the auction; prOvided further that if after the auction of land, as hereinbefore laid down, still' more, land is 'available for sale, landless *Amended,—vide notification dated 20th January, 1979 (published in Government Gazette Feb. 16, 1979,

III

agriculturist who is member of the Scheduled Castes, and resides in other villages of the same Kanugo Circle shall be permitted to participate in the auction.

(5) Persons not eligible to participate in restricted auction.—(i) No minor or any one on his behalf, shall be permitted to participate in the restricted auction.

(ii) No Government servant .or his dependent shall be eligible to take part in the restricted auction.

(iii) No member of the Scheduled Castes, who had already purchased land in restricted auction or on the basis of possession, and had disposed it of thereafter, shall be permitted to participate in the restricted auction.

(6) Procedure for sale of land or property, by auction.—Where any land or property is to be sold by public auction or by restricted 'auction;

(i) it shall be sold by the Tehsildar (Sales) or Naib-Tehsildar (Sales). ,

(ii) the Tehsildar (Sales) or Naib-Tehsildar (Sales) . shall cause a proclamation of the intended sale to be made in .the language of the principal civil court of the original juris- diction within whose jurisdiction the property is situate. (iii), notice of intended sale shall be given at least fifteen days before the proposed sale and every such notice shall state

. the date, time • and place of proposed sale, the description of land or property to be sold, the terms and conditions of the sale 'and any other particulars which the Tehsildar (Sales) or Naib-Tehsildar (Sales) considers material. One copy of the notice shall be affixed on a conspicuous public place.

•

(iv) Where any land is to be sold by restricted auction to the residents of a Patwar/Kanugo Circle, the proclaytion and notice of sale shall be issued in all the villages situate in the Patwar or the Kanugo Circle, as the case may be.

(v) no sale shall take place until after the expiry of a period of fifteen days from the date of publication of the notice.

(vi) every auction of the land or property under these rules shall be subject to a reserve price fixed in respect of the land or property, which may not be disclosed to public.

(vii) the Tehsildar (Sales) or Naib Tehsildar (Sales) may, v withhold the sale of any land or property after recording the reasons, in writing, which may not be made public.

(viii) The Tehsildar (Sales) or Naib Tehsildar (Sales) may if the situation so demands, for reasons to be recorded in writing, adjourn the sale to a specific date and hour and an announcement to that effect shall be made at the time of adjournment of the sale:

Provided that where the sale is adjourned for a period exceeding fifteen days, a fresh notice shall be given.

(ix) the person declared to be the highest bidder for the land or property, as the case may be, at the public auction shall pay in cash 25 per cent of the amount of bid as earnest money on the spot to the officer conducting the sale and in default of such deposit the property may be resold:

Proyided that in the case of sale by restricted auction, the earnest money shall be 5 per cent of the amount of bid.

(x) Where the highest bidder, whose bid is provisionally accepted resiles from the bid before its approval is communicated to him, the amount deposited by him under clause (ix) shall be forfeited.

(xi) the bid in respect of which a deposit under clause (ix) has been accepted shall be subject to the approval of the Sales Commissioner:

Provided that no bid shall, be' approved until after the expiry of a period of ten days of the auction.

(xii) (a) intimation of the approval of the bid or its rejection shall be given to the highest bidder (hereinafter referred to as auction purchaser).

(b) the auction purchaser shall, where the bid has been accepted, be required within fifteen days of the receipt of such intimation, to produce before the Tehsildar (Sales) or Naib-Tehsildar (Sales) the treasury challan in respect of the deposit of the balance of the purchase money in case the land or property has been purchase in open auction :

Provided that the Sales Commissioner may for reasons to be recorded in writing extend the aforesaid period of

fifteen days by such period not exceeding sixty days as he may think fit;

* IE:• t (.,:ii) if the auction purchaser dotes, not deposit the balance of the purchase money within the eieriod specified in clause (xii) or defaults in the payment of two successive instalments within the stipulated period, the Telasildar (Sales)-- br -Naib- Tehsildar (Sales)* shall recover the amount of defaulted instalments as arrears of land revenue.

•

(xiv) when the purchase price has been realized in full from the auction purchaser, the Tehsildar (Sales) or Naib-Tehsildar t (Sales) shall issue to him a certificate of sale in the forml specified in Appendix 'B appended to these rules.

(7) Possession of transferred agricultural land.—Where any land has r,eo ,-) disposed of in auction, the auction purchaser shall suloje:ct to the 7-n- ovision of any local or special law. he granted vacant possession of the land. I

(8) Bar on the alienation of the land purchased i•I' restr d1:

aucLion.—(1.) Where any Ian has neon soCerinestricted auction, filet- a-.1;:-.1an purchaser shall no': he entitled tp lease, transfer, sell, mortgage! -7.----..:',,., . with nrisse.ssion,. i it otherwise alienate or :-)ar`

i..-i'h the land wholly oq:

Partly, so purchased, in any manner. in favour of a person, who is^not at

rnernher o.:i the Scheduled Ciaeites, for a per

i od (-,•• twenty years' •orovided

!I'l)E;• .79 .7%:-:7,14.1.ed .11 .,

ilDunal-i Gcvernrnent Gazette ^red14th ;

,,enternbeir, 1979. k

-q,i/ie nr)tifleatipri dated 20th January. 1979 published ili

Punirih Government Gazette Februar7.- 16, 1979.

that the land may be pledged in favour of a Government or Semi- Government Corporation, or Co-operative financing institution, for securing loan for effecting improVements on the said land.

(ii) An auction purchaser in restricted auction shall cultivate the land so purchased himself or through any member of the 'Scheduled CasteN"OrilY.

(iii) If an auction purchaser in restricted auction violates 'any of the conditions, mentioned in clauses (i) and (ii) above, the Tehsiidar (Sales) or Naib-Tehsildar (Sales) shall be competent to cancel the sale. notice to hi.

forfeit the amount already paid, and resume the land, after giving due m - '1 7 3

Provided that every such application for setting aside the sale ..hall be made within ten days of the said auction and the person making the application shall on demand, deposit a sum equivalent to twenty per cent of, the highest bid as challenge money:

Provided ',further that if an objection is filed by a member of the Scheduled Castes:in respect of a sale made by restricted auction, the challenge money shall be equivalent to five per cent of the highest bid. In case of ncri-deposit of the challenge money within ten days of the order, the application shall automatically lapse.

(b) In case an applicatier under clause (a) is accepted, the challenge money shall be refunded and the rural property shall be re-auctioned with the bid starting from the previous highest bid.

(PART 7)

Proceel.lpre i ,7r the seu.inci asidr trerts-ier.---'Alhere any person is aggrieved by an order of the Tehsildar (iz;s...; es) or Naili,Telisiida.r- Amended inpiification dated 20th .1i _ ,er , 1979. pul-.iisbed in G('vernmT)t Gazette 7ebriiary 197.

notification dated 30th August', 1979 publisheo

Cazett. ua'...e(i: i-ail Septen,Per,

Provided further that the period extended under the preced- ing proviso may further be extended by the Chief

Sales Commissioner.

(bb) where payment of the balance of the purchase money, is made after the period of the first extension granted under the first proviso to sub-clause (b), the auction purchaser shall deposit alongwith the balance of the

.purchase money to be deposited under this sub-rule,

interest on such .balance from the date of the expiry

of the period of extension till the date of deposit, at such rate as may be fixed by the Government.

(a) where the land has been sold in _restricted. auction, the - • auction purchaser shall pay the balance price in half- yearly ecuated interest-free instalments, the first

•• instalment payable at the end of the first harvest after one year from the date of approval of the sale. . Wig_ l> 17-e

_ Objections.—(a) Where a person desires that the sale by auction of anyailaral property may not be confirmed under these rules. because of any material irregularity, .nrt-aud, in the manner and conduct of the sale, he may make an application to that effect to the Sales Commissioner:

5,•

-.410 (SalE", under rules 3, 4, and 5, he may prefer an appeal to the Sales Commissioner within thirty days from the date of such order:

Provided that the Sales Commissioner may entertain anant appeal

after the expiry of thirty days if he is satisfied that thetime. appell

prevented by suflicient•cause from filing the appeal in

CHAPTER III

Transfer of Urban Properties

(8) (1) Procedure for sale by public auction.—(a) The urban property to be sold by public auction_ shall be sold by Tehsildar (Sales):. Naib Tehsildar

(b) The Tehsildar (Sales) or Naib-Tehsildar (Sales) shall order a proclamation of the intended sale to be .

made in the language of the

principal civil court of original jurisdiction within whose jurisdiction

• the pioperty is situate. (c)

Notice of the intended sale shall be given at least fifteen days bef or- the proposed sale and every such notice shpll indicate the date, time and place of the proposed sale, the description of the urban property to be sold, its location and boundaries, where oss bled Tehsildar terms and

conditions of the sale and any other particular

(Sales) or Naib-Tehsildar (Sales) Considers material. One copy of the notice shall be affixed at a conspicuous place in the locality where the property is situate. The notice of the intended sale shall also be given by beat of drum in the locality, where such property is situate. (d)

Where the Tehsildar (Sales) or Naib-Tehsildar (Sales) thinks

• it desirable that the notice of the intended sale of an urban property should also be published in the Daily Newspapers, he may get such notice published accordingly before putting it to auction. (e)

The Tehsildar (Sales) or Naib-Tehsildar (Sales) may by an order in writing and after recording reasons for so doing withhold sale of any urban property notified for sale.

(f) An urban - property put to auction shall be sold subject to a reserve price fixed in respect thereof, but such reserve price shall not be disclosed.

(g)

The Tehsildar (Sales) or .aib-Tehsildar (Sales) may, for• .7. reasons to be recorded, in writing. adjourr the sale to a specific date and hour and an announcement to that effect shall be made at the time the adjournment of the sale;

Provided that where a sale is adjourned for a period exceeding fifteen days, a fresh notice shall be given in the .manner indicated in clause (c).

(h) A person declared to be the higheSt -bidder at the public

auction shall be required to pay in cash, at the fall of the hammer, tne whole amount of the bid if it does not exceed Rs. 500. in ease the amount of bid money exceeds the said amount of Rs. bOu he shall be required to pay an amount equal to 20 per cent of Inc bid as earnest money and to pay the balance within *fifteen days of the date of receipt of intimation of acceptance of...the bid.... If this amount is not paid, the bid shall be deemed to have been cancelled and the urban property put

• .. to re-auction. The acceptance of thehighest bid in respect of which a deposit has_been made shall be provisional, subject to the confirmation finally of -

sale by the Sales Commissioner; provided that no bid shall be accepted until after the expiry of ten days from the date of auction. The-1T-ehsildato(Sales) or -Naib-Tehsildar (Sales) shall not be b7.und to accept the highest bid but may reject such a bid for reasons - to

be recorded in writing. A person hissbid e bid and isshall provifisionay

pted

under clause (h) shall. be bound by

he resiles

sach bid, be liable to forfeiture of the deposit made by him. The decision of .he Officer With regard to the forfeiture of the deposit shall be final, subject, however, to appeal and revision at provided hereinafter.

(j) When a bid has been approved by the Sales Commissioner, the bidder shall produce before the Tehsildar (Sales) or Naib-Tehsildar (Sales), .within fifteen days of the receipt of intimation by him of the •

acceptance of the bid, a challan showing deposit into the Treasury of

the balance of the purchase money.

(k) *(i) The Sales Commissioner, may, in deserving cases; ---ext

asenhe

the period of fifteen days specified in clause (j) by such period deems fit, but not in' any case beyond sixty days. The Chief Sales Commissioner may, in cases of exceptional hardship grant such iurther extension for the payment of balance price as he may deem proper. *(ii) Where payment of the balance of the purchase money is v made after the period of the first extension granted by the Sales Com- missioner., an auction purchaser shall deposit alongwith the balancesuch of

the purchase money to be deposited under clause 0), interest on balance from the date of the expiry of the period of extension till the date of deposit at such rate as may be fixed by the Government.

•-- *Amended,—vide notification dated 30th An;:::, , 1979 published in. Punjab Government Gazette, dated 14th Septerriber, 1979.

50 40,- *(1) If the balance of the purchase money is not deposited within the period specified in clause (j) or the extended period, as specified in clause (k) (i) the earnest money shall be liable to forfeiture.

(2) Objections.—(a) Where a person desires that the sale by auction of any urban property may not be confirmed under these rules, because of any material irregularity, or fraud, in the manner and conduct of the sale, he may make an application to that effect to the Sales Commissioner:

Provided that every such application for setting aside the sale shall be made within ten days of the said auction and the person making the application shall on demand, deposit a sum equivalent to 20 per cent of the highest bid as challenge money. In case of non-deposit of the challenge money within ten days of the order, the application shall automatically lapse.

(b) In case an application under clause (a) is accepted, the challenge money shall be refunded and the urban property .;hall be re- auctioned with the bid starting from the previous highest bid.

9. Procedure for transfer of urban property.—(a) *Houses, shoPs, building plots, sites or agricultural land which are being used for resi- dential, commercial or industrial purposes may be transferred to the occupants on prevailing market price in case the occupants are in con- tinuous possession of that house, shop, building plot, site.or agricultural land since the 1st January, 1977, or such other date as the Government may, from time to time specify and in the case of building plot, site or agricultural land, he had raised construction thereon on or before the said date.

(b) *An occupant who is transferred a building plot, site or agri- cultural land under sub-rule (a) may be transferred:

(i) an area not exceeding 500 Square Yards including the built up area in case it is used for residential purposes;

(ii) an area not exceeding 1,000 'square yards including the built up area in case it is used for commercial or industrial purposes.

(bb) *Where area of a building plot, site or agricultural land used for residential, commercial or industrial purposes by an occupant exceeds *Arnended,—vide Notification, dated 30th August, 1979, published in Punjab Government Gazette, dated 14th September, 1979.

the limits prescribed in clause (i) or (ii) of sub-rule (`1), the excess area shall be sold to the occupant by negotiation by -the Government at such additional price not exceeding 25 per cent 'ofthe market value in case the built up area is used for residential purposes and not exceed- ing 50 per cent of the market price in case the built up area is used for

commercial or industrial purposes, as may be fixed by the Government, keeping in view the location and the potential value of the area :

Provided that the total area transferred to the occupant shall not exceed the ceiling fixed under the Urban Land Ceiling (Regulation) Act,

1976.

(c) Where a property is in the occupation of an individual, it shall be, transferred to him if. he is found eligible. However, where a property is occupied by more than one family in distinct portions which were divisible, such portions shall be transferred to them, separately; provided there is no dispute between them and the applications for the transfer of the portions under their respective possessions are made__separately; by them, within the specified period. But, where there is a dispute between the persons occupying a property, and it is -indivisible, it shall be disposed of by sale in auction.

(d) (i) *Each transferee other than a member of the Scheduled Castes or Backward Classes shall be required to pay at the rate of 25 per cent of the price alongwith the ai:rears of rent or damages, in cash, of Urban Property to be transferred within thirty days of the determina- tion of his eligibility, and the balance price shall be payable in lump sum or in three equated bi-annual instalments bearing such rate of interest as may be specified by the Government.

(ii) *The arrears of rent or damages shall be paid in lump sum or in such number of instalments as may be fixed by the Sales Commis- sioner keeping in view the circumstances of each case and the number of instalments so fixed shall not exceed the number of instalments in which price of the urban property is to be recovered.

(iii) *In case of default of any instalment, penal interest at such rate as may be specified by the Government shall be charged on the amount under 'default excluding the amount due on account of rent or damages. If the transferee fails to pay any instalment with interest on account of the balance amount or instalment on account of rent or damages within three months of the date on which it becomes due or within the time extended by the Sales Commissioner or the .Chief Sales Commissioner, the Tehsildar (Sales) may recover the said amount as arrears of Land revenue,

*Amended.—vi tification. dated 30th August, 1979, published in Punjab Government Gazette, dated 14th September, 1979.

(e) The members of the Scheduled Castes and Backward Classes shall be entitled to the following concessions:—

(i) The Scheduled Castes and Backward Classes occupants may purchase properties under their occupation at a rate of 25 per cent of the market price:

*Provided that any excess area above the limit prescribed in sub-rule (b) shall be transferred at the prevailing market price as referred to in sub-rule (bb).

(ii) The total price will be payable by them in twelve equated half-yearly instalments; provided that the first instalment shall be paid within one month of the offer of sale.

(iii) If a Scheduled Castes or a Backward Classes transferee does not pay the instalment on the due date, penal interest as prescribed by the Government will be charged on the amount under default or as may be determined by the Chief Sales Commissioner in each case. If, however, he fails to pay the instalment and interest due thereon, within six months of the date on which the instalment becomes due or within the time extended by the Sales Commissioner or the Chief Sales Commissioner, *the Iehsildar (Sales) or Naib-Tehsildar (Sales) shall recover the amount of the defaulted instalment with interest thereon at such rate as may be specified by the Govern- ment "as arrears of land revenue".

(iv) Where it is established that a member of the Scheduled Castes had built a house before 15th August, 1947, on land which became urban evacuee land, such a person shall be entitled to retain the house without any further payment.

(f) An urban property, may be disposed of by negotiation, to Government Departments, Semi-Government De artments Go-operative Societies, orporate Bo•ies an ublic institutions for a public purpose, or to private companies registered under the Companies Act, 1956, in accordance with the Government policy as may from time to time be framed.

(g) All other properties, not covered by principles mentioned hereinbefore, shall be disposed of by public auction or in other manner as prescribed by the State Government, from time to time. *Amended,—vide Notification, dated 30th August, 1979, published in Punjab Government Gazette, dated 14th September, 197.9e

(h) *'Land-locked urban plots or plots unfit for independent con- struction and occupied by the owners of the adjoining houses or located within commercial or industrial premises, shall be sold to the occupants by negotiation by Government at market price, provided their possession is undisputed. Where the possession is disputed, the plot shall be disposed of by auction as prescribed in sub-rule (g) and the auction thus held shall be confined to the owners of the adjoining houses.

10. Determination of eligibility for transfer.—(a) The eligibility --of every applicant will be determined by the Tehsildar (Sales) or Naib- Tehsildar (Sales), by holding such enquiry as he may consider necessary and after affording the applicant reasonable opportunity to establish his claim.

(b) If after making the enquiries, the Tehsildar (Sales) or Naib- lisilelar---(Sales) finds that the applicant is not eligible for transfer of an urban property, he shall reject the applicatoin after giving a hearing to the applicant and record the reasons for such rejection and shall also determine the amount recoverable as damage charges for the unautho- rised use and occupation of such property.

(d) When the transfer is approved by the Sales Commissioner, the transferee shall produce before the Tehsildar (Sales) or Naib Tehsildar (Sales), within thirty days of the receipt of the intimation by him of such approval, a challan showing the deposit into the Treasury -of the amount payable:

Provided that the Sales Commissioner may extend the aforesaid period up to sixty days in deserving cases. The Chief Sales Commis- sioner may, in case of exceptional hardship grant such further extension for the payment of the price, as he may consider reasonable : *2

(e) If the balance is not paid. within the period specified above *''the amount of defaulted instalments shall be recovered as "arrears of land revenue".

c , 11. Fixation of price.—In case of urban properties in which the price has already been determined by the Settlement Organization of the Government of India, the following criteria shall be followed :— /

(i) The year in which the price of a particular urban property' .... was fixed shall be taken as the base year and from that *,. *Inerteef,----t;ide notification, dated 30th August. 1979, published in Puniab Government Gazette, dated 14th September, 1979. *2̀&.'*P...merded,—vide Notification, dated 30th August, 1979. pul dished. in Punjab Government Gazette, dated 14112 Septernoer,^-AM

and is being used for commercial or industrial purposes, the market price shall be assessed by the Valuation Board comprising Sub-Divisional Officer (Civil), Executive Engineer, P.W.D. (B&R) or his representative not below the rank of Sub-Divisional Officer,. the District Industries Officer and the Settlement Officer (Urban);

(ii) *Additional price of the area transferred to the occupants in excess of the limits prescribed in sub-rule (b) of rule 9 shall also be assessed by the Board referred to in para (i).

12. **Process for submission of applications.—Any person claim- ing to be entitled to the transfer of any urban property, may apply, within such time as may be determined by the State Government, to the Tehsildar (Sales) or Naib-Thsildar (Sales) concerned __Provided that any application made after the date so determined -----Sliall-b-Florwarded to the State Government or an Officer authorised by it who shall refer it to Tehsildar (Sales) or Naib-Tehsildar (Sales) for disposal.

13. Persons not eligible to purchase urban property :

No Officer or other person having any duty to perform in connection with valuation or sale of any urban property, or having any Official connection with the Rehabilitation . Department, shall either directly or indirectly bid for, or otherwise, acquire or attempt to acquire any interest in such property except with the prior 'permission of the State Government.

14. Issue of Sale Certificates and Deeds of Conveyance When the purchase money has been realized, in full, from the purchaser, he shall be issued a sale certificate or a^Con- veyance Deed in the .form appended to these rules and a copy of the Sale Certificate or the Conveyance Deed shall be sent to the Registering Authorities of the area where the whole or any part of the urban property is situate.

CHAPTER IV.

15. Assessment of damages.—Where Tehsildar (Sales) or Nalb- Tehsildar (Sales) is satisfied that any person is or has. at any time, been *Added,—vide Notification, dated 80th August, 1979, published in Punjab Government Gazette, dated 14th September, 1979. *Amended and proviso added,---vide. Notification, dated the 30th August, 1979, published in Punjab Government Gazette, dated the 14th September, 1579.

year onwards, till the date of re-assessment, the price of the plot area of the urban property shall be enhanced by 10 per cent of the price already assessed, per year; the price of the superstructure remaining the same. The Tehsildar (Sales) or Naib-Tehsildar (Sales) shall, in cases where the price so enhanced does not get equated with the prevailing market price. make a report indicating price so enhanced and the prevailing market price to Chief Sales Commissioner, who may enhance the price further so as to equate it with the prevailing market price.

(ii) (A) In all other cases, while fixing the market price, the following crite :ia will be kept in view:—

(a) the value of the property in the neighbourhood;

(b) the general prevailing market price of similar urban pro- perty in that locality;

in case, in a particular locality, no transaction is found to have been made, the last transaction in that locality or in the adjoining locality to be taken as the basis for assessing the market -price by enhancing its price by 10 per cent per year of the amount of the last transac- tion ;

(d) the rent of the other local properties in that particular locality ;

(e) rental value, if any, as mentioned in the Municipal Pro- perty Register.

(B) The assessment of market price on the basis of the criteria specified in sub-clause (A) will be made by the Tehsildar (Sales)*, subject to the final approval of the Sales Com- missioner.

(C) In case where the price of the superstructure is to be fixed, the assessment of the price will be made by the Tehsildar (Sales), in collaboration with the Local Public Works

Department authorities suhjeet to the approval of the

Sales Commissioner.

(D) (ll *In the cw,,e of a building plot, site or agr;

• - iral land, the area whereof is five hundred souare Teal e: or more - •-

•11:16,1,(1,--eele Ne tei n eatii,e. !7;ir1.1] August. 1979, published in Punjab Government. Gazette. dated 14th September, 1979. (c)

16. Procedure for appeal, review and revision.—(1) Procedure for appeal:

(a) An appeal shall be in the form of a Memorandum which shall be presented in person or through a duly authorised agent ;

(b) A Memorandum of appeal shall be accompanied by a copy of the order appealed against and shall indicate clearly the grounds of appeal.

(2) Procedure for revision :

(a) A petition for revision shall be drawn up and presented in the same manner and within the same period as a Memo-. randum of Appeal and shall be accompanied by a copy of order sought to be revised.

!!!,

A li I~

in unauthorised occupation of any land or property, to which he was not entitled or which was in excess of that to which he was entitled, then, without prejudice to any other action, which may be taken against that person, he may assess the damages on the principles speci- fied below :--

(i) Rural evacuee agricultural land.—In case of rural property which is agricultural land, the damages shall be assessed and recovered at 20 times the land revenue or Rs. 40 per acre per harvest whichever is higher.

(ii) Urban /and.—In case of urban property which is agricul- tural land, the damages shall be assessed and recovered at 40 times the land revenue or Rs. 160 per acre per harvest, whichever is higher.

(iii) Urban Properties other than agricultural land.—In case of an urban property other than agricultural land, the damages shall be assessed on the basis of prevailing market conditions including the rates of rent of similar properties in the locality in which the property is situated:

Provided that no such assessment shall be made without giving to the person concerned a reasonable opportunity of being heard.

(b) The grounds of revision shall be clearly set out in the revision petition.

(3) Supply of copies of final orders.—Any person, subject to the provisions contained in the Punjab Copying Manual, may obtain copies of final orders passed by the authorities under these rules, on the pay- ment of the, prescribed fees.

(4) Inspection of Record.—Any interested person desiring to inspect the record of the proceedings relating to auction or transfer of any property may be allowed to do so on application subject to the payment of the prescribed Court fee.

CHAPTER VI

Miscellaneous.

17. (1) Service of orders and notices.—(i) Every order or notice made or issued under these rules shall be served by registered post acknowledgement due.

(ii) A notice issued under these rules shall be effective only at the expiry of the period stated therein and such period shall not ordi- narily be less than fifteen days in any case.

CHAPTER V (iii)

The service of an order or notice under sub-rule (1) shall be deemed to have been effected the order or notice has been properly addressed and despatched by registered post.

(iv) Where by due diligence the address of the person concerned cannot be known, the order or notice may be despatched to him through the Tehsildar (Sales) or Naib-Tehsildar (Sales) concerned,

(v) Where an order or notice sent by post is returned undelivered, or where the Chief Sales Commissioner or other authority is satisfied that there are reasons to believe that the order or notice cannot be deli-

• vered in the ordinary course, the Chief Sales Commissioner or other authority may direct that the order or notice may be served either:

(1) by publication in a newspaper having circulation in the area in, which the person concerned is known to have last ,resided or to have carried on business; or

(ii) (a) by affixing a copy of the same on the conspicuous place on the property, in relation to which the order or notice

has been made or issued; or

(b) by beat of drum at a place adjacent to such property and in the adjoining locality.

(2) Fees.—(1) The following fees shall be payable in respect of appeals and applications under the Act.

(1) Appeals

(1) To the Chief Sales Commissioner Rs. 15

(2) To the Sales Commissioner Rs. 15

(2) Applications :

(1) Any application for revision Rs. 20

(2) Any other miscellaneous application Re. 1

(2) Any fee payable under this rule sh11 be paid in the form of

a3 n+R eg foZ4 3(11), 4(2) f&F3U,75 73THT r *iTH f68T141 3 dat"' tcif '51

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ANNEXURE III

PUNJAB GOVERNMENT

Department of Rehabilitation

ORDER

4 exeticfse of the po-Wers delegated under Ries 87 and 88 of the, Displaced' PerSons (Compensation and Rehabilitation) Rules of. 1955,—, vide -Notification• No. 3(1)/IRT/71, dated February 24, 1971 of the, Go7, vernment of India, Ministry of Labour, Employment and, Rehabilitation,„ (Department of Rehabilitation), I, Randhir Singh, Deputy Secretary to Government, Punjab, Rehabilitation Department exercising the powers of Authorised Chief Settlement Commissioner direct, that the urban evacuee property which is a: house 'or a shop or a building plot or a site or agricultural land as has been used for residential or commercial or industrial purpose,- transferred to the State Government by .the Central Government in the Administrative and Financial Arrangement of 1970, may be sold by negotiation to an occupant on he prevailing market price,

Provided:

his possession over the same is continuous from January 1, 1977 - and he has applied = for its transfer by the prescribed date of December 31, 1977, and provided in the case of a building plot or d site or agricultural land as has been used for residential or commercial or industrial purpose, construction has been raised thereon on or before

January 1, 1977,

2. (i) A building plot, or a site or agricultural land as has been used For construction of residential building, an occupant shall be transferred area upto 20 marlas;

(ii) A building,;, ar, a site or agricultural land as has been used for commercial or industrial purpose, an occupant shall be trans- ferred area upto 1000 sq. yards;

(iii) Where area of a building plot or a site on' agricultural land being used for ressidential commercial or industrial 'purpose by an occupant exceeds the limits prescribed in clause (i) (ii) above the excess area may be sold to the occupant by negotiation by an autho- rity duly authorised to do so with such additional price upto 25 per cent of the market price in the case of residential plot and upto 50 per cent

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of the market price in the case of a commercial or industrial plot, as in view the location and potential of each plot,

would be fixed, keeping but, in no case the total area transferred will exceed the ceiling fixed under the Urban Land Ceiling (Regulation) Act of 1976.

3. (i) Each transferee, other than a member of theper Scheduled

Castes and Backward Classes shall be required to pay 25 cent

the price alongwith the arrears of rent or damages in cash, of urban evacuee property to be transferred, within 30 days of determination of his eligibility and the balance shall be payable in lumpsum or in three equated hi-annual instalments bearing such rate of interest as may be prescribed.

(ii) The arrears of rent or damages shall be paid in lumpsurn or in such number of instalments as may be fixed by the Settlement Commissioner, keeping in view the circumstances of each case and the number of instalments so fixed shall not exceed the number of instal- ments in which price of the urban evacuee property is to be recovered; and

•

(iii) In the case -of default of any instalment„ penal interest as may be prescribed shall be charged on the amount under default ex- cluding the amount due on account of rent or damages. If the trans- feree fails to pay any instalment with interest on account of the balance price, or instalment on account of rent or damages within three months of the date on which it becomes due, or within the time extended by the 'Settlement Commissioner or the Chief Settlement Commissioner, the amount of defaulted instalments with such penal interest as may be prescribed, shall be recovered as 'arrears of land revethenue', default provideed d

that the penal interest shall be chargeable only on

amount of balance price.

4. The occupants who are members of the Scheduled Castes and Backward Classes shall be entitled to the following concessions:—

(i) they may purchase properties in their possession at the rate of 25 per cent of the market price;

(ii) the price of the properties transferred, will be recoverable in twelve equated half-yarly instalments the first instal- ment being payable by a transferee within thirty days

of the oiler of sale;

(iii) If a Scheduled Castes or Backward Cla:

transferee

noes .not pay the instalments by the due- nate, penal interest as may be prescribed will be cliar:gea the amount under default. If he fails to pay the instalments and interest due thereon, within six months of the date on which instalment becomes due, or within the time extended by the Settlement Commissioner or Chief Settlement Commissioner, the amount of defaulted instalment with such interest as may be preschbed shall he recovered as 'arrears- of land revenue'.

(iv) Where it is established that a member of the Scheduled Castes had built a house before 15th August, 1947 on the land which became urban evacuee land, such, a person shall be entitled to retain the house without any further payment;

(v) The Scheduled Castes and Backward Classes occupants who are occupying two urban evacuee properties, one for residential purpose and the other for commercial or industrial purpose, shall be entitled to the transfer of both the properties at 25 per cent of the market price:

Provided in the case of a building plot or a site or agricultural land being used for residential or industrial or commer- cial purpose, any excess area above limit prescribed in clauses (i) and (ii) of para 3 above, shall be transferr- ed to an occupant at the prevailing market price, as laid down in clause (iii) of the said para.

5. Where a property is in occupatoin of an individual, it shall be transferred to- him, if he is found eligible. However, where a Property is occupied by more than one family in distinct portions which are divisible, such portions 'shall be transferred to them. separately, provided there is no dispute between them and the appli- cations for the transfer of the portions under their respective posses- sions are made separately by them by the prescribed date. But, where there is dispute between the persons occupying a _property and it is indivisible, it shall be disposed of by sale in auction.

6. •Land-locked urban plots or plots unfit for independent cons- truction and occupied by the owners of the adjoining houses. or located within commercial or industrial premises, shall be sold to the occupants by negotiation at the current market price, provided their possession is undisputed. Where the possession is disputed, the plot shall be dis- posed of by auction which shall be confined to the owners of the ad- joining properties.

7. (a) The eligibility of every applicant will he determined by the 'Managing Officer, by holding such enquiry as he may consider necessary and after affording the applicant reasonable opportunity to establish his claim;

(b) If after making the enquiry, the Managing Officer finds that the applicant is not eligible for transfer of an urban evacuee property, he shall reject the applicatiion after giving a hearing to the applicant and record the reasons for such -rejection and shall also determine the amount recoverable as damages for use and occupation of the property.

to approval by the Settlement Commissioner; 7;_

(d) When the transfer is approved by the Settlement Commis- , sioner, the transferee shall produce before the Managing Officer, within thirty days of the 'receipt 'of the intimation `by him of such approval, a challan showing the depositt into treasury of the amount payable; Provided that the Settlement CommiSsioner may extend the aforesaid period upto sixty days in deserving cases. The Chief Settle- ment Commissioner may, in case of exceptional hardship, grant such further extension 'for the payment of the price, as he may consider reasonable;

4 , (e) if the balance is not paid within the period specified above, the amount of defaulted instalments shall be recovered as 'arrears of land revenue'.

8. In case of properties in which the price has already been ,determined by the Settlement Organization a the Government of India, the following criteria shall be followed for, fixation of price:

(1) The year in which the price of a particular urban property was fixed, shall be taken as the base year and from that year onwards, till the date of re-assessment, the price of the plot area of the urban property shall be enhanced by 10 per cent Of the price already assessed per year; the price of the superstructure remaining the same. The Managing Officer shall in cases where the price so en- hanced does not get equated with the prevailing market price, make a report through the Settlement Commis- sioner indicating price so enhanced and the prevailing market price, to the Chief Settlement Commissioner,

who may enhance the price further so, as to equate it with the prevailing market price.

66 67

(ii) (A) In all other cases, while fixing the market price, the following criteria will be kept in view:—

(a) the value of the property in the neighbourhood.

(b) the general prevailing market price of similar urban property in that locality,

(c) In case, in a particular locality, no transaction is found to have been made, the last transaction in that locality or in the adjoining locality, be taken 'as the basis for assessing the market price by enhancing its price by 10 per cent per year of the amount of the last transaction.

(d) the rent of the other local properties in that particular locality.

(e) rental value, if any, as mentioned in the Municipal Property Register.

The assessment of market price on the basis of the cri- teria specified in sub-clause (A) will be made by the Managing Officer subject to approval by the Settlement Commissioner.

(C) -In a case where the price of superstructure is to be fixed, it may be assessed by a Managing Officer in collaboration with the local Public Works Department authorities. The price thus fixed shall be subject to approval by the Settlement Commissoiner.

(D) (i) In the case of a building plot or a site or agricultural land being used for commercial or industrial purpose, the current market price shall be assessed by the Valua- tion Board comprising S.D.O. (Civil), Executive Engineer, PWD, B and R or his representative, not less than the status of an S.D.O,, District Indusrties Officer and the Settlement Officer (Urban) provided the area thereof is 500 sq.yards or above,

(ii) Additional price of the area transferable to the occupants over and above the limits of 20 marlas and 1000 sq. yards prescribed in clauses (i) and (ii) 'of para 2 above, which may be sold by negotiation by an authority authorised to do so, shall also be assessed by the above Board as laid down in clause (iii) of the said para 2.

(B)

ANNEXURE IV

GOVERNMENT OF PUNJAB

Department of Rehabilitation

ORDER

For the purpose of

(i) clause (i) of Para 3 of the Order dated August 30, 1979 issued under the authority of Notification No. 3(1)/ITR/71, dated February 24, 1971 of the Government of India, Ministry of

Rehabilitation, the rate of interest shall be 6 per cent per

annum.

(ii) clause (iii) of Paras 3 & 4 ofthe aforesaid Order, the rate of penal interest shall be 9 per cent per annum.

(iii) clause (ii) of Para 4 of the Order, the rate of interest shall be 4 per cent per annum.

(iv) clause (i) of Para 9 of the aforesaid Order, the prescribed date shall be December 31, 1977. •

RANDHIR SINGH

Endst. No. RD(770) 14th September, 1979. A copy is forwarded for information and necessary action to

Commissioner, .Jullundur, Patiala, and Ferozepur Divisions.

2. All Deputy Commissioners in the State.

3. All Sub Divisional Officers (C) in the State.

All Tehsildars (Sales)/Naib Tehsildars (S) in the State. In continuation of this Department Memorandum No. RD(770) Part IV/UI/16648-55, dated August 30, 1979 and the endorsement of the same date. RANDHIR SINGH,

Deputy Secretary (Reh)-cum-

Chief Settlement Commissioner,

Rehabilitation Department, Punja'r,.

Jullundur.

Deputy Secretary-(Reh)-cum-

Chief Settlement Commissioner,

Rehabilitation Department,

Punjab, Jullundur.

Part-IV/UI/18025-18088, dated Jullundur the,

9. (i) Any person claiming to be entitled to the transfer of an urban property, may apply within such time as may be determined, to the Tehsildar (Sales)-cum-Managing Officer or Naib • Tehsildar (Sales)- cum-Manging Officer concerned; .

Provided that any application made after the date so preicribed _ shall be forwarded to the Deputy Secretary (Reh) (Chief Settlement Commissioner) who shall refer it to the Tehsildar (Sales)-cum-Manging Officer or Naib Tehsildar (Sales)-cum-Managing Officer for disposal.

(ii) Such application shall be accompanied by an affidavit, duly attested by a Magistrate 1st Class, or Notary Public, or an Oath Commissioner, certifying the contents of the application.

10. No Officer or other person having any duty to perform in connection with valuation or sale of any urban evacuee property, or having any official connection witht he Rehabilitation Department, shall either directly or indirectly bid for, or otherwise, acquire or attempt to acquire any interest in such property, except with the prior permission of the competent authority.

11. An urban evacuee property which is not transferred on. the basis of possession or is not required for sale by negotiation to any Cooperative Society, Government Company or local authority or to any Corporate body for a public purpose, excluding such urban evacuee agricultural land as is transferable to lessees or sub-lessees under Chapter V-A of the Displaced Persons (C & R) Rules of 1955, shall be disposed of by auction according to the procedure laid down .in rule 90 of the Rules ibid.

12. This order shall supersede the order dated February 2, 1977.

RANDHIR SINGH,

Deputy Secretary to Government Punjab, Rehabilitation Department-

cum-Chief Settlement Commissioner, Jullundur.

JULLUNDUR,

Dated : August, 30, 1979,

"not a brick and plaster construction" only, but the construction which should be in relation to the resources, class, status and financial capability of an occupant and the nature of trade being pursued by him. It is possible that a large number of applications of occupants may have been rejected because of the aforesaid barring clause and the interpretation of • 'construction' as brick and plaster construction only. The Government has decided that these rejected appiications should be restored for re-

processing under the revised policy and the rules framed for its implemen-

tation. You should, therefore, make suo-moto references in all such cases

to the authorities competent to entertain these references under the

provisions of the Punjab Package Deal Properties (Disposal) Act of 1976,

and the Displaced Persons (Compensation & Rehabilitation) Act of 1954, '

recommending the setting aside of the derogatory orders passed against

such occupants. It is needless to point out that under the Displaced

Persons (C8/11) Act of 1954, a suo-moto reference against the order of the

Tehsildar (Sales)-cum-M.O. or Naib Tehsildar (Sales-cum-M.O. or the

Authorised Settlement Commissioner lies to the Chief Settlement

Commissioner, under Section 24 of the Act ibid, and against the order of

the Chief. Settlement Commissioner, to the'rearned Financial Commissioner

under Section 33 of the aforesaid Act. Under the Punjab Package Deal

Properties (Disposal) Act, 1976, a suo- moto reference against the order of

the Tehsildar (Sales) or Naib Tehsildar (Sales) or the Sales Cominissioner

lies to the Chief Sales Commissioner under Section 10 of the Act ibid and

against the order of _ the Chief Sales Commissioner, to the authority

exercising the powers of the State Government. All such references

should be made to the competent authority through the Settlement Officer

(Urban).

3. Government have not extended the prescribed date for enter- taining applications from the occupants of urban evacuee or Package-deal property which continuous to be December 31, 1977, as notified earlier. A proviiion has, however, been made in the revised policy for disposal of application received after the aforesaid prescribed date from any Occupant or class of occupants in accordance. with the, revised policy meaning thereby that applications received by the Tehsildars (Sales-cum- Managing Officers or Naib Tehsildars (Sales)-Cum-Managing Officers or Assistant Settlement Officer (Sales)-cum-Managing Officer (Headquarters) after the prescribed date of December 31, 1977, will be disposed of by the Tehsildars (Sales)/Naib Tehsildars (Sales) in their capacity as such or as Managing Officers, depending upon the type of property: after obtaining orders of Government. Similarly, if any applications are received even now from occupants of urban evacuees or package.deal property, the same should be referred to Government for orders, giving detailed reasons and justification, as to why a person making the application could not apply within time. In this connection, proviso to sub-clause (i) of clause 9 of the Administrative order issued under the authority of D.S. (Reh.)-cum- C.S.C. and Rule 9 of the Punjab Package Deal Properties (Disposal) (Third Amendment) Rules of 1979 are referred to.

ANNEXURE

PUNJAB GOVERNMENT' Department of Rehabilitation All the Tehsildars (Sales) in the State.

No. B,D(770)/Part-IV/U-1/16648-551, dated, Jul/undur, the 30th August, 1979,

Subject: —Policy with regard to the disposal of urban evacuee/package deal land/properties taken by the State Government from the Government of India.

Memorandum:

The revised policy with regard to the disposal of urban •evacuee and package-deal property/agricultural land taken over from the Central Government, was approved by the Council of Ministers on June 27, 1979. The policy decisions were explained to you, in detail, in the meeting held on July 2,1.979. You were also given a copy each of the Memorandum submitted to CMM, containing the proposals of the Department and comparative statement explaining the old and the new policies. Now, for the implementation of the revised policy, Punjab Package Deal Properties (Disposal) Rules of 1976 have been suitably (Intended. A copy thereof is enclosed. Similarly, an Administrative order has been issued under the authority of D. S. '(Reh.)-cum-C.S.C. . for application to the properties covered by the Administrative & Financial Arrangement of 1970, A copy of the same is also enclosed. The Memorandum submitted to the. Council of Ministers and the- comparative statement showing the old and the new policies, provide the basis for the revised policy, but for the implementa- tion thereof, reliance has to be put on the Punjab Package Deal Properties (Disposal) (Third Amendment) Rules of 1979, and the Administrative order. In case there is any disparity of details between the comparative statement showing the old and new policies and the aforesal Rules/Administrative directions, the latter should be deemed to be authentic.

2. The revised policy makes a departure from the old policy—in that the barring clause of owning a house or shop or building site or plot or commercial or industrial premises by an occupant, for the transfer of evacuee package deal property occupied by him has been removed. Similarly, the definition of 'Construction' has been revised so as to mean

•1

All application received after, the prescribed date of December 31, 1977, should be entered in the registers maintained for the purpose after the last application shown to have been received in time. Fresh applica- tions now received should also be entered likewise. These applications should be entered in the said register in a chronological order.

4. Government is anxious that the work regarding disposal of urban evacuee or package-deal rort should be finished as quickly as possible. Now that the formaliti s propertylementing the revised policy have been

completed, you should put your head and hands down to it and endedvour to complete the disposal of these properties by March .31, 1980 positively.

5. Reports regarding the progress achieved should be supplied by the 5th of each month, as heretofore. Settlement Officer (Urban) has been

asked to prescribe the revised proforma for the purpose, if required. Deputy Secretary to Government, Punjab,

Rehabilitation Department, Jullundur.

Procedure for setting aside transfer.— There any person is aggrieved by an order of the Tehsildar (Sales) or Naib- Tehsildar (Sales), under rules 3, 4 and 5, he may prefer an appeal to the Sales commissioner within thirty days from the date of such order.

RANDIER SINGH,

ANNEXURE VI

GOVERNMENT OF PUNJAB

DEPARTMENT OF REHABILITATION

Notification

The 30th August, 1979. No. RD(770)/U-I/Part-IV/16673.—In exercise of the powers con- ferred by section 13 of the Punjab. Package Deal Properties (Disposal) Act, 1976 (Punjab. Act No. 21 of1976), and all other powers enabling him in:

this behalf, the Governor of Purijab is pleased to make the following rules, further to amend, the Punjab Package Deal Properties (Disposal) Rules, '1976, namelY:--

1. These rules may be called the Punjab Package Deal Properties (Disposal) (Third Amendment). Rules, 1979.

In the Punjab Package. Deal Properties (Disposal) Rules, 1976 (hereinafter referred to as the said rules) in rule 4, in sub-rule (1), in clause' (ii), between the figures and word "1965" and "remarries", the word and figure "or 1971" shall/ be inserted.

3. In the said rules, in rule 6, 4n sub-rule (6), in clause (xii), after sub-clause (b), the following sub-clause shall be inserted, namely:—

"(bb) Where paynient of the balance of the purchase money is made after the period of the first extension granted under the first proviso to sub-clause (b) ), the auction purchaser shall deposit alongwith the balance of the purchase money to be deposited under this sub-rule, interest on such balance from the date of the expiry of the period of

extension till the date of deposit, at such rate as may be fixed by the Government?"

In the said rules, 'for rule 7, the following rule shall be substi-tuted, namely,—

Provided, that the Sales Commissioner may entertain an appeal after the expiry of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time." .

5. In the said rules, in rule 8, in sub-rule (1),—"(i) in clause (h), for the words "thirty days" the words "fifteen days" shall be substituted; and (ii) clause (k) shall be renumbered as sub-clause (i) of that clause and after sub-clause (i) as so renumbered, the following sub-clause shall be inserted, namely :—

"(ii) Where payment of the balance of the purchase money is made after the period of the first extension granted by the Sales Coni, missioner, an auction purchaser shall deposit alongwith the balance of. the purchase money to be deposited under clause (j), interest on such balance from the date of the expiry of the period of extension till the . date of deposit at such rate as may be fired by the Government."

6. In the said rules, in rule 9,—(i) for sub-rule (a) and (b), the f:I.1 owing sub-rules shall be substituted, namely • —

(a) Houses, shops, building plots, sites or agricultural land which are being used for residential, commercial or 'industrial purposes may be transferred to the occupants .on prevailing market price in case the occupants are in continuous possession of that. house, shop, building plot, site or agricultural land since the 1st January, 1977, or such other date as the Government may, from time to time specify and in the case of building plot, site or agri- cultural land, he had raised construction thereon on or before the said date.

. • - '

(b) An occupant who is transferred a building plot, site or agri- cultural land under sub-rule (a) may be transferred :

(i) an area not exceeding 500 square yards including the built up area in case it is used for residential purposes.

(ii) an area not exceeding 1000 sq. yards including he built-up. area in case it is used for commercial or industrial purposes.

an occupant exceeds the limits prescribed in clause (i) or

(ii) of sub-rule (b), the excess area shall be sold to the occupant by negotiation by the Government at such addi- tional price not exceeding 25 per cent of the market value in case the built up area is used for residential purposes and not exceeding 50 per cent of the market price in case the built-up area is used for commercial or industrial pur- poses, as may be fixed by the Government; keeping in view the location and the potential value of the area :

Provided-that the total area transferred to the occupant shall not exceed the ceiling fixed under the Urban Land Ceiling • (Regulation) Act, 1976. (ii) for sub-rule (d), the following sub-rule shall be substituted, namely :—

"(d) (i) Each transferee other than a member of the Sdieduled Castes or Backward Classes shall be required tc pay 25 per cent of the price alongwith the arrears o rent or damages, in cash, of urban property to be trans: erred within thirty days of the determination of his eligibility and the balance price shall be payable in lum;,:.s.rin or in three equated bi-annual instalments bearing ;,,uch rate of interest as may be specific.: by the GOVer7M.C21.T.

(ii) The arrears of rent or damages shall be paid in lumps= or in such number of, instalments as may be fixed by the Sales Commissioner keeping in view the circum- stances of each case and the number of instalments so fixed shall not exceed the number of instalments in which price of the urban property is to be recovered.

(iii) In case of default of any instalment, penal interest at such rate as may be specified by the Government shall be charged on the amount under default excluding the amount due on:account of rent or damages. If the trans- feree fails to pay any instalment with interest on account of the balance amount or instalment on account of rent or damages within three months of the date on which it becomes due or within the time extended by the Sales Commissioner or the Chief Sales Commissioner, the Tehsildar (Sales) may recover the said amount as arrears of land revenue.";

(iii) In sub-rule (e),—(i) to clause (1), the following proviso !zhall be added, namely :—

(bb) Where area or a building plot, site or agricultural land used for residential, commercial or industrial purposes by

"Provided that-any excess area above the limit prescribed in sub-rule (b) shall be transferred at the prevailing price as referred to in sub-rule (bb)." ;

4 '

.(ii) in clause for the words "the property shall be liable to be resumed and amount paid with interest, if any, shall be forefeited", the words and brackets "the Tehsildar (Sales) or Naib-Tehsildar (Sales) shall recover the amount of the defaulted

instalment with interest there-

on at such rate as may be specified by the Government "as arrears of land revenue' shall be substituted,

(iv) after sub-rule (g), the following sub-rule shall be inserted, namely :—

-(h) land-locked urban plots or plots unfit for independent con- struction and occupied by the owners of the adjoining houses or located wiL.hin commercial o7 industrial premises, shall be sold to the occupants by negotiation by Govern- ment at market price, provided their possession is undis- puted. Where the possession is disputed, the plot shall be disposed of by auction as prescribed in sub-rule (g) and- the auction thus held shall be confined to the owner of the adjoining houses."

7. In the said rules, in 'mile 10,--(i) the second proviso to sub-rule

(d) shall be omitted.

(n) in sub-rule (e), for the words the money already paid shall be liable to forfeiture'', the words "the amount of defaulted instalments shall be recovered as 'arrears .of land revenue' shall be substituted.

8. In the said rules, in rule 11,—(i) in sub-clause (B), the words

"in collaboration with the concerned Tehsildar (Mahal), where neces- sary, in case of assessment of price of plot areas of urban properties"

shall be omitted;

(ii) after sub-clause (C), the following sub-clause shall be inserted, namely :—

ND) (i) In the case of a building plot, site or agricultural land, the area whereof is five hundred square yards or more and is being used for commercial. or industrial purposes, the market price shall be assessed by the Valuation Board comprising Sub-Divisional Officer (Civil), Executive Engineer, PWD (B&R) or his representative not below the rank of Sub-Divisional Officer, the District Industries Officer and the Settlement Officer (Urban);

(ii) Additional price of the area transferred to the occupants in excess of the limit prescribed in sub-rule (b) of rule 9 shall also be assessed by the Board referred to in para (i).

9. In tht said rules, for rule 12, the following rule shall be substi- tuted, namely :—

Any person claiming to be entitled to the transfer of any urban property, may apply, within such time as may be determined by the State Government, to the Tehsildar (Sales) or Naib-Tehsildar (Sales) concerned :

Provided that any application made after the date so determined shall be forwarded to the State Government or an officer authorised by it who shall refer it to Tehsildar (Sales) or Naib-Tehsildar (S) for disposal."

K. D. VASUDEVA,

Financial Commissioner, (Rev': and Secretary to Government of Punjab, Department of Revenue and Rehabilitation,_ Chandigarh.

"12.

78 ANNEXURE VIII

ANNEXURE VII

GOVERNMENT OF PUNJAB

, I

DEPARTMENT OF REHABILITATION

ORDER

For the purpose of

(1) Sub-clause (bb) of clause (xii) of sub-rule (6) of Rule 6 of the Punjab Package Deal Properties (Disposal) Rules, 1976 (since . inserted by Rule 3 of the Punjab Package Deal Properties interest shall be one per cent above the current bank rate. (Disposal (Third Amendments) Rules, 1979), the rate of

(ii) Sub-clause (ii) of clause (k) of sub-rule (1) of Rule 8 of the aforesaid Rules (since inserted,—vide Rule 5 of the Punjab Package Deal Properties (Disposal) Third Amendment) Rules of 1979), the rate of interest shall be one percent above the bank rate.

Sub-rule (d) of rule 9 (since amended by Rule 6 of the Punjab Package Deal Propeties (Disposal) (Third Amend- ment) Rules of 1979) the rate of interest shall be 6 per cent per, annum.

(iv) Clause (iii) of sub-rule (e) of Rule 9, (since amended by Rule 6(iii)(ii) of the Punjab Package Deal Properties (Disposal) (Third ! n,andment) Rules of 1979) the rate. of • interest shall be 4 per cent per annum.

(v) For 'r,•,,th the above categories, the rate of penal interest shall be 9 per cent per annum.

(vi) Rule 12 (since amended by Rule 9 of the Punjab Package Deal Properties (Disposal (Third Amendment) Rules, 1979, the prescribed date shall be December 31, 1977.

RANDHIR SINGH,

Deputy Secretary to Government, Punjab, Rehabilitation Department,

Jullundur.

Endst. No. RD(770) 18092-18102, dated 14th September, 1979. A copy is forwarded for information and necessary action to

1. Commissioner, Jullundur, Patiala and Ferozepur Divisions.

2. All the Deputy Commissioners in the State.

3. All the Sub Divisional Officers (C) in the State.

4. All the Tehslars,/Naib Tehsildars (Sales) in the State. In continuation of this Department Memo RD(770) Party-IV/VI 16648-55, dated August 30, 1979. RANDHIR SINGH, Deputy Secretary to Government, Punjab,

Rehabilitation Department,

Jullundur.

PRESS NOTE

It was decided by the Punjab Government in the Rehabilitation Department that those urban evacuee houses which were received by the Punjab Government in the old Urban Package Deal and under the Administrative and Financial arrangements made in 1970, from the Gov- ernment of India and were in possession of rural land allottees be trans- ferred to the occupants at 20 per cent of their reserve price and that no rent should be recovered from them provided they were not allotted any rural house/taur or had not received grant in lieu thereof. A press Note in this behalf was issued by thr Government in June, 1970, and all interes.t ted persons were asked to make applications for transfer of the said houses by 31st July, 1970. Representations have been made by the rural land allottee that -

they did not come to know of the contents of the press rc3te-arld-the-Governxnent decision, before 31st July, 1970, and therefore, colld not make the requisite. applications. In the interest Of rural rand allottees in occupation of urban evacuee houSes, the Punjab Government have decided to extend the date for applications upto 31st October, 1970. All those persons who are interested to get the houses, transferred in theiri r

favour according to the above scheme shoUld apply to the A Settlement Officer (Sales) Urban, 665 Model Town, Jullundur, before 31st Or.:tober, 1970, after which no application will be entertained and the evacuee urban properties in possession of the rural land allottees will be disposed of by sale.

Dated: 14th September, 1970.

Department of Rehabilitation.

• 80

• ANNEXURE IX

PUNJAB GOVERNMENT

DEPARTMENT OF REHABILITATION

All the Tehsildars (S)-cum-1`.1.O./Naib Tehsildars (3)-cum-M.O. in the State.

No, RD(770)/Part-TV/U-I/1670"-17, Jullundur, the 31st August, 1979.

Subject:—Policy with regard to the disposal of urban evacuee/package deal land/properties taken. by the State Government from the Government of Ir'lia transfer of urban houses in pos- session of rural land allottees.

0:110. :

Continuation this Department Memo. N.). RD(770) Tart-IV/U-I/ 6645-55. dated August 30, 1979, on the subject cited above.

2. Urban evacuee houses and taurs in possession of rural land alldttees who have not been allotted any rural house/taurs as appurtenant to their allotments or have not received any grants in lieu thereof may be transferred to them in terms of the instructions issued.—Vide Memo No, 134(P-IV)-G-II/26141-55, dated November, 9, 1970 (copy enclosed).

3. The disposal of pending applications, if any, should be..taken in hand forthwith. If any application is received now, it should be sub- mitted to the undersigned through the Settlement Officer (Urban) for orders regarding its entertainment, as has been provided in para 3 of the instructions issued,—vide Memorandum dated August 30. 1979, in respect of occupants of urban evacuee property.

RANDIIIR SINGH,

Deputy Secretary to• Government, Punjab, Rehabilitation Department, Jullundur. le The Chief Settlement Commissioner, Reh., Department, ullundur.

2. The Under Secretary (P.&R)-cum-Settlement Officer (S), Chandigarh.

3. The Settlement Officer (S) Urban,,Jullundur.

4. The land Claims Officer-cum-Settlement Officer (S), Jullundur.

5. The Additional Settlement Officer (S), Jullundur.

6. The Settlement; Officer (Accounts), Jullundur.

7. The Assistant Settlement Officer -(S), Jullundur:

8. The Assistant Settlement Officer (Accounts), Jullundur.

9. The Superintendent (Urban).

10. The Superintendent (Legal). -

11. Camp Assistant.

12. All the Senior Auditors.

13. Reader to the Deputy Secretary (Reh.), Jullundur. No. 134(P-IV)7G-II/26141-55, dated, Jullundur, the 9th November; 1970.

Subject—Transfer of urban evacuee houses it occupation of rural. land allottee-clarification of points involved in the disposal of transfer applications.

a ,17.- :77.1:71^t

Lncc G-2. ^h ^.

•gr, issimmatscamaddreatentimosonommige

2. The following further decisions taken by Government on the subject are given below for information and necessary action :--

(1) If a rural land allottee is in possession of more than one urban house, he may be allowed to purchase one house of his choice at 20 per cent of the reserve price while the other house/houses may be transferred to the occupant according to the general policy of the Government

(ii) In case a rural land allottee has no urban evacuee house but is occupying only a taur, the taur may be transferred to to him at 20 per cent of the reserve price. This concession will not be allowed in respect of taur in occupation of an allottee who has been allowed the concession in respect of an urban house;

(iii) Where two houses were owned independently by different Muslim avacuees, the same should be treated as separate units even if these might have been evaluated as a single unit by the staff of the Regional Settlement Commissioner. One of such houses may be given to the rural allottee on the concessional price, while for the other house/houses he may be treated like any other 'occupant of urban eva- cuee property;

in possession of the rural land

evaluated, the valuation of these

1956-57 pattern as in the case of

the present market value.

D. S. CHAWDHARy),

Deputy Secretary to Government, Punjab,

Rehabilitation Department, Jullundur.

ANNEXURE X

PRESS NOTE

Dated Jullundur, the 28th November, 1975. Punjab Government have decided to transfer, free of cost, plots, out of urban evacuee land/urban package deal land/land in the Rehabili- , tation Colonies, including Model Towns," to the widows of personnel of Armed Forces, B. S. F. and P. A. P. killed in action in 1971 Indo-Pak War- subject to the following terms and conditions:—

(A) Regarding plots/House sites in Urban Areas:

(1) The deceased husband did not own any residential plot/house of his own, in any urban town in India.

(2) The widow does not own a plot or a house of her own, in an urban town, nor she has been allotted one• under any other scheme in any urban town in India.

(An affidavit to this effect, duly attested by a Magistrate 1st Class, shall be required to be produced by the widow, alongwith her application. In addition, she shall also be required to produce a certificate from the District Soldiers', Sailors' and Airmen' Board/Military Authority concerned, that her husband actually died in action, in the Indo-Pak War of

1971).

(3) (a) The widow of Commissioned Officer will be eligible for allotment of a plot/house site, measuring 500 square yards, in an urban area, subject to availability of adequate num- ber of plots in particular town/district.

(b) Widow of a non-commissioned armed personnel/BSF/PAP will be eligible for a plot/house site, measuring 250 square yards, in an urban area.

(4) The transferee shall not be permitted to sell/transfer the plot, so allotted, for a period of 10 years from the date of taking possession of the plot.

(B) Regarding Rural Agricultural Land in Rural area:

(1) The War widows will be entitled to an allotment of 10 ordi- narly acres of agricultural land inclusive of her own hold- ing or the land in the name of her deceased husband/

(iv) Where the urban houses allottees have not been houses may be made on other houses and not at

dependent children, if any, at the rate of Rs. 450/7 per standard acre;

ti (2) 5 per cent of the price will be payable as earnest money and the remaining 95 per cent will be recovered in 19 half-yearly intesest-free equated instalments. First instalment will become due at the end of the first harvest after the expiry of one year from the date of allotment;

(3) If the allottee does not deposi per t 5 e cent amount as earnest money, the allotment shall be cncelled;

(4)

If the allottee fails to deposit 2 instalment led. consecutively, the

allotment shall be liable to be cancel s

(5)

The sale certificate shall be issued in favour of the allottee till after the payment of the last instalment.

The War widow will have the opticli either to have residential plot /house site, in an urban area or rural agricaltural land to the extent of 10 ordinary acres, according to their option. She shall have to f urnish ongwith the application to the effect that she had submitted are affi-davit al

an application only for urban /rural

area as the ease may be). ( •

The widows, considering themselves ellgIble for the allotment of plots in urban areas or for rural agricultural land, are advised to sub- mit their applications, duly supported by affidavits/certificates to the Deputy Secretary, Rehabilitation, Punjab, 705 Model Town, Jullundur, within a e -iod of. two InonthS•-sfrOM. the date •of•release of thiS.Press- Note.

ANNEXURE ItI

GOVERNMENT OF PUNJAB

DEPARTMENT OF REHABILITATION

Order

• The Governor of Punjab is pleased to direct that the open sites in the Rehabili -

tation Colonies, as mentioned in • the schedule below be utilized for laying out gardens/parks/ roads. The management and control of these sites shall vest in the respective Municipal Corporations/Municipal Committees with the Clear sitpula- tion that the sites would not be utilized for any purpose other than that specified above. •

This order shall supersede the notification issued

vide 9708/TSH dated June

25, 1981. SCHEDULE

Open Description of the open space. Space

Purpose Area

for which

to be utili-

zed

KIviYd.

Model Town Ludhiana

Triangular opposite House No. 578-579 Park 1-4-0-0

on the corner of 120' wide road leading to FerozPur.

Semi cirCle adjacent to H. No. 566 to 575 Do

1-3-19-0

Sand on the - wide road Do 11020 III Rectangular opposite H. No. 37-38 & 39

on 40' wide road IV 1n between H. No. 226 to 231 & 233 to 237 Do

1-1-8-0

connected by 30' wide road.

Triangular adjoining H. No. 264 to 266 and Do

0-7-1-o.

on two sides 40' wide road.

VI surrounded by 40' wide road on four sides Do

1-0-7- 0

and adjoining H. No. 272-273,

294 to 296 and 298-299 & 303 and 304 to

396

VII Opposite Ll. No. 355 to 357, 348-349 and Do

1-2:0-0

surrounded by 40'. wide road.

59u-

VIII Rectangular opposite H..No. 591 anti coati' Do

0-7-1.0

. ected by 80' wide road on the boun ,:try -fine,

Issued by the State Rehabilitation Department, Punjab.

III

VII

VIII

X..

198 to 200 surrounded by 40' wide road Surrounded by H. No. 146 to 150 & 151 to 154.

XII In between H. No. 626 & 627 colony Eight Marla Colony Ludhiana

Adjacent H. No. 404 to 406 and on three sides 40' wide road Opposite H. No. 180-182, 584 to 586, 179 & Adjacent H. No. 5 & 11 to 33 on the Ludhiana- Ferozepur Railway line

Triangular on a semi circle 40' wide road and infront of H. No. 29 to 33 & 201 to 206 Triangular-adjacent H. No. 16 to 21 connected by two sides road 40' wide

In between H. No. 34-35, 48-49 & 46-47 connected by road-60' wide

Surrounded by H. No. 72 to 85 and on one side 24' wide road

Traingular opposite H. No. 213 to 218 on two sides roads 40' and 30' wide and 10' lane on the third side.

Surrounded by H. No. 192 to 199 & 99 on the circular road 60' wide with 10' lane. Triangular surrounded by roads on three sides and adjacent to H. No. 180 to 234. Triangular surrounded by roads on all sides and adjacent to H.No. 180 to 181

..Surrounded by H.No. 115 to 127, 16' wide lane on three sides and 30' wide road on the front side.

Surrounded by 16' wide road in front of H.No. 148 to 163 touching 60' and 30' wide roads and on two sides.

Four Marla Cheap Tenement Adjacent to Eight Maria Colony Opposite Bus Stand Ludhiana.

. Triangular surrounded lw roads on th...— -ides Do 0-2-3-1

and adjacent to block No. 18

Surrounded by roads on all the sides adjoining to Do 0-1-8-3 to H. No. 121 to 130.

Do 1-3-10-0 Do 1-0-6-0 Do 1-1-7-0 Do 0-0-9-15 Park 0- 20.14- 18 Do 0-6-3-0

Do 0-1-19-15 Do 0-1-0-14

0-3-9-6

0-2-2-12

Do 0-2-6-4

Do 0-2-4-21

Do 0-0-14-20 Do 0-1-0-14

0-12-15-9

III Triangular surrounded by roads on all the sides Park 0-3-9-13

between Block No. 16, 17, 19 and 14

IV Retangular surrounded byroads on three sides between Block No. 9 and 12 and on the Ludhiana, Ferozepur Railway line.

V Rectangular surrounded by roads on all sides near block No. 3 and 4

VI Triangular adjacent to the main road specified for expansion of the road near Block No. 21 & 22.

Four Maria Cheap Tenement Known As Abdullahpur Luhiana.

Rectangular 146'X83' surrounded by roads Park 0-2-18-12

on all the sides.

II Rectangular 118'X98' near water works and III Rectangular 110' x74' surrounded by roads on all Do 0-1-19-1

the sides and adjoining to H. No. 127.. Jawanar Nagar Mud Huts Colony Ludhiana. On the edge of G.R. Road.

II Four Marla Cheap Tenement Amloh Road, Khann I Rectangular No. 128 surrouded by roads on Park

three sides beteen block No. 21,22 13, 14 & 18

II Rectangular Ho. 129 surrounded by roads on all.sides. In between block No. 21,22 &23. III No. 131 surrounded by roads onthree sides and opposite H. No. 160-161 and 162 of Block No. 20

Model Town, Hoshiarpur

I Surrouned by roads on three sides and opposite H. No. 22 & 219.

on two sides and opposite

to 35 connected by roads

& 40 ane connected road

V Near No. 53, 54 and cr.nnecteel byroad on Northern side

Do 0-1-11-3

Do 0-0-9-9

Road 0-2-3-20

Do 0-2-15-29

surrounded by roads on all the sides. Park 0_3-5-3

0-3-7-6

0-7-10-20

Do 0-0-5-10

II Surrounded y roads

H. No. 36

III Opposite H. No. 31

80' wide

IV Opposite H.No. 54

on Northern side

Park 0-1-12-4

Do 0-5-7-1

Do 0-5-1/-20

Do 0-2-19-4

Do 0-2-1f,-1

In VI Surrounded byroads on three sides between 94 to 100 & 129 to 133.

Adjacent to H.No 4 and connected by roads on Western side.

VIII Adjacent to H. No. I & 201 Opposite H. No. 61 of 55

opposite H. No. 245 & connected by road on Eastern side.

Xi Adjacent to H. No. 61-B & onBdcted by road on Northern side

opposite H. No. 58-59 connected by road on Northern side

xm Adjacent to shopping centre on the 60' wide road Xlv in between H. No. 23 to 27 & 30 to 33 and 20' wide lane on one, side.

Mud Hut Colony opposite Civil Hospital Hoshiarpur Triangular corner plot situated on the boundry line and surrounded by roads on two sides 19' wide.

Rectangular adjacent H. No. 31 to 34 & 36 On the paved street 16' wide

Shopping Centre Dalhousi Road Pathankot I In front of shopping centre hearing No. 11 to 17

Eight Maria Cheap Tenement Pathankot Behind shops situated o Dhangu Road.On the the edge of Ganda Nala.

Four Marla Colony Adjacent to 8 Marla Cheap Rectangular surrounded by roads on all sides and opposite Qr. No. 222 to 231.

On the main road opposite open space No. I above,

surrounded by roads on all sides known as Nani-: Park

VII

X I I

111

Tenement; Pathankot park 0-2-6-21

Do 0-3-10-10

O 0-5

.42-2² Do 0-51-7-10 0-3-16-8

0-1-5-13

0-1-17-4

0-1-16-5

Do 0-0-15-3 Do 0-1-18-9 Do 0-5-16-0 Do 0-6-8-0 Park 0-0-9-10 Do 0-0-13-0 Do 0-0-15-6 Park 0-1-4-19 Park 0-1L5-11 Five-Marla Colony Pathankot I I1 et H.No. 179 to 192 & 193 to 200. 178, 269 & 271 to 282 and 299 Surrounded by roads on all sides and between II between H. No. 213 to 217 and 218 to 222 V On the outer skirit facing lane outting Park 0-3-12-23 H. No. 40 and 26

VI On the outer skirit facing H. No. 25 and surrounded Do 0-0-19-17 by lane

Four Marla Nathu Nagar Dbangu Road Pathankot

A,oining ell and on. the road leading from

cl a

thankot w

Dhangu Road to Jullundur Model Town Phagwara I Semi Circle in between Shopping Centre Road

R&M Behind the Semi circle Shopping Centre on G.T. Road

TV Surrounded by road on all sides and opposite H.No. 1 to II near School

V Surrounded by road on all sides in between

• H. No. 42 and 43 VI Surrounded by roads on all sides between H.No. 39 & 52

VII Surrounded by roads on all sides between H.No. 43 & 44

VIII Surrounded by roads on all sides between H. No.

2 2 and 2 3 IX Triangular surrounded by roads on all sides opposite H. No. 20 to 23 Model Town Jullundur I Surrounded by semi circle road 80' wide in front of H. No. 597-598 II Opposite H. No. 476 478-491-497 & House No. 517 L & R and 528 to 530 III In front of Model Town, Market A& W IV In between House No. 715 & 716 Do 0-12-4-0 Do 0-1-10-4 Do 0-3-12-14 III & IV Surrounded by roads on all sides and H. Nos. 16 to 20 & 21 to 25 Do 0-0-3-4 on G.T. Park j Do 0-11-1-5 Do 0-10-19-16 0-3-2-13 Do 0-7-15-6 Do 0-5-16-0 Do 0-1-0-7- Do 0-3-17-17 Pail: 0-35-2-22 Do 0-10-11-11 Do 0-23-11-6 Do U-0-14--,.1

VII Surrounded by roads on all sides and H. No. 561 to 568

VIII Surrounded by H. No. 190 to 197 Surrounded by H. No. 168, 169, 511, 1.70 & 175 to 177

Behind Singh Sabha Gurdwara Model Town. Jullundur

Surrounded by semi circle road and between H. No. 19 to.27 &. 41 to 49

x1T In front of H. No. 427-428 XIII Semi Circle surrounded by H. No. 621 to 624.. ND, 'awl surrounded by H. No. 3, 703, 679 & 697

90 •

in between H. No. 713-A to 717-A and Road.. Road 0-1-10-13

Semi Circle surrounded by H. No. 281 to 286 on Park 0-6-7-3

the road which connect H. No. 84 to 88 Do 0-7-9-13

Do 0-5-14-19 Do 0-3-12-9 Do 0-34-14-6 Do 0-15-14-6

Do 0-1-7-19 Do 0-8-19-5 Road 0-0-10-17

R. C. KAPILA,

Financial Commissioner (Revenue) & Secretary to Government, Punjab, Rehabilitation Department.

ANNEXURE XII

PUNJAB GOVERNMENT

DEPARTMENT OF REHABILITATION

All the Tahsildars (Sales), in the State. No. MTC/U. 1/11388-95, dated, Jullundur, the 21st July, 1981. Subject. —Disposal of sites left-an-develOped due 'to revised lay outs in 8 the Model Colonies viz., Model .Towns, Model Houses, Marla Cheap Tenements, 4 Marla Cheap Tenements, Shop-

ping Centres and Mud but Colonies, etc., set up by the State

Rehabilitation Department in Punjab—Occupation and ille-

gal construction raised thereon.

MEMORANDUM.:

The question of disposal of open sites left undeveloped in the Rehabilitation Colonies, as a result of revised lay-dits prepared by the Public Works Department, at the execution stage and subsequently, which are under .unauthorised occupations, has been engaging the attention of Government. It has now been dedided that these open 'sites may be sold by: private treaty to the unauthorised occupants at ..a fixed valuation', as

ratioayn,s;be determi

- -

nedby the Government, subject to" the following condi-

(i) -The possession of an 'occupant is un-diSputed and continuous - -froth January 1," 1977 and he has raised construction there- on, on or before the said date.

N.13,-; In no case, such open sites as are under temporary construe- -. tions, thatched huts, Khokhas, etc., 'should be transferred ; .

(ii) The intended transferee should be head of the family, having

•• independent means. -of livelihood; .„ (iii), A transferee shall be liable to pay damage charges for the

. ,

use and occupation of the site, as may be approved by the Deputy Seiretary (Reh)-cum-Coilector;

(iv) It is not proposed to invite applications from the unauthorised occupants of the open sites. The Rehabilitation Authority (Tehsildar Sales) posted in a District • will inspect each

. site, obtain application from the occupant on the :pot. and -,----- ^.•

Sales) at the time of determination of his eligibility by the latter. A successful transferee who is a member of the Scheduled Castes/Backward Classes shall be liable to pay ce earnest money equivalent to 25 per cent of tbe pri recoverable from him.

(iii)

After the confirmation of the transfer by the Deputy Secre- tary (Reh)-cum-Deputy Commissioner, the balance price shall be payable by the transferee in lump-sum within 15 days of the receipt of notice by the transferee to this effect or in such period as may be extended by a competent Rehabilitation Authority.

(iv)

Such of the transferees as are desirious of making payment of the balance price in instalments shall pay the same as --tarScheduted castelBack,ivard Class

occupants.

Ir. 12 half yearly equated instalments with interest at 4bein per cent

per annum; the earnesty money paid by them

first instalment; and

•

(b) Non-Scheduled Castes and non-Backward Classes occupants.

In three half-yearly equated instalments with interest at 6 per cent per annum, excluding the amount of earnest money '. already paid by them.

(v)

In the event of default in the payment of any instalment by a transferee, penal interest at 9 per cent per annum shall be charged on the defaulted amount.

(vi) If a t payment of two con- ranSferee commits default in the paym secutive instalments, the Deputy Secretary (Reh)-ctirn- Deputy Commissioner, shall be competent to proceed with the recovery of the defaulted amount as arrears of land revenue, provided no order to this effect is made by him, without giving to the person concerned a reasonable oppor- tunity of being heard. An order thus ma

de `in

himm would

be subject to revision and appeal as pidedEast Punjab Refugees Rehabilitation (Building and Building Sites) Act, 1948.

2. While transferring the above sites, due care should be taken that the plots notified as Parks or reserved for common or public hould purpose

are not transferred to the unauthorised occupants. Such plots s nal Co got vacated and the same be transferred to the Muhidmmittce5 concerned.,

process it for the purposes of determining his eligibility, in accordance with the procedure laid down for the trans- fer of urban Package Deal/Administrative and Financial Arrangement, Properties.

(v) The 'fixed valuation' shall be the market price which may be assessed by the Rehabilitation Authority (Tehsil- dar Sales), keeping in view the following criteria:—

(a) The value of the property .in the neighbourhood. (b)

The general prevailing market price of the similar urban property in that locality, which may be worked out on the basis of sale transactions held during the preceding one year,

(c) In case, in a particular locality no transaction is found to have been made in the preceding one year, the last transaction if any, in that locality or in the adjoining

locality, be taken as the basis and the market price be

fixed .by enhancing the amount of the last transaction

by 1(.1 per cent per year.

(d)

In absence of any sale transaction in the locality or in the

adjoining locality, the transactions held during the pre-.

ceeding one year in the neighbouring localities should be

adopted as the basis. In case, no transaction in the pre- -

ceeding one year in the neighbouring localities is found,

then last transaction should be adopted as the basis and

the market price be fixed by enhancing the amount of

the last transaction by 10 per cent per year.

(e) The market price shall be subject to approval by the Deputy Secretary (Reh)-cum-Deputy Commissioner, except in the cases falling under (d) above, which shall be subject

to the approval by Government.

(vi)

In the case of a Scheduled Castes/Backward Classes occu-

pant, 'fixed valuation' shall be 25 per csnt of the market

price, determined for a site.

(vii)

Each transfer shall be subject to approval by the Deputy

Secretary (Reh)-cum-Deputy Commissioner.

(viii)

A successful transferee, other than a member of ta:.

Scheduled Castes/Backward Classes, shall make payment

of thp

pnrnest money equivalent to 25 per cent of the

market price to the Rehabilitation Authority (Teh;i1:-.1=

3, The plots earmarked for commercial purposes, i.e.,, shopping Centres or for any other commercial activities should not be transferred on the basis of possession. These plots should be got vacated and disposed of by open auction.

4. A survey of the Rehabilitation Colonies had already been under- taken with a view to determining the dimensions of the problem. The lists thus prepared contain the names of the unauthorised occupants and the area in each one's respective possession. While allowing the transfer of open sites, these lists should invariably be consulted to safeguard against the possibility of any undeserved transfer to an occupant, who has entered upon the possession of an open site after the crucial date of January 1, 1977.

5. Such of the open sites as are required to be sold by open auction should be disposed of after getting the market price thereof approved by the-Government and after giving wide publicity in accordance with the procedure already laid down for the disposal of urban \Package Deal and Administrative and Financial Arrngement properties.

6. It should be ensured that no open site in any Rehabilitation Colonies is allowed to be encroached upon or unauthorisedly occupied by any person. You should undertake constant survey of these colonies and if any fresh encroachment or unauthorised construction comes to your notice, immediate steps should be taken to remove the same, according to law.

RANDHIR SINGH,

Deputy Secretary, For Secretary to Government, Punjab, Rehabilitation Department.

ANNEXURE XIII

PUNJAB GOVERNMENT

DEPARTMENT OF REHABILITATION

1. All Deputy Commissioners in the State.

2. The Land Claims Officer, Jullundur. No. RI(126)12394-912Reh(R), dated, Jullundur, the 21st April, 1961

Subject :

—Allotment of superior grade land to the inferior grade claimants.

Memorandum:

1. It has come to notice that in Punjab and in the districts of erstwhile Pepsu, allotments of rural evacuee agricultural lands had been made irrespective of the grade, thereby accommodating inferior grade claimants in substantially superior grade villages. A question has arisen whether such erroneous allotments made in disregard of the Scheme of Grading should be reviewed at this stage or not.

2. It is presumed that some allottees might have made appre- ciable improvements in such lands and, keeping in view their long possession and consequent hardship likely to be caused to them if their allotments are disturbed, it has been decided by the Government that all rural allotments made in the past in disregard of the Scheme of Grading should not be opened at this late stage. However, cases in which the allotments of inferidr grade claimants in superior grade villages have been contested or have dome to the notice of the depart- ment and action on them is pending, will not come under the category. Such allotments shall be regularised by charging additional premium from the allottees in the manner indicated below, if they are desirous to keep such allotments, otherwise their allotments should be cancelled. and they may be given alternative allotments in their appropriate grades.

3. It has also been decided that, in future, if any inferior grade claimant is keen to get allotment in 'A' grade village, he should be accommodated after charging him the following premium and provided their is no better grade claimant for that particular area :—

(i) II grade claimant ... 20 per cent.

(ii) III grade claimant ... 30 per cent.

(iii) IV grade claimant ... 50 per cent.

4. According to the principles enumerated in the Land Resettle- ment Manual, a III (third) grade claimant can be fitted in a II (2nd) grade village and, similarly, a IV (forth) grade claimant can be ac- commodated in a III (third) grade village, if there is no better claimant for such areas, without imposition of any additional premium. Thi$, rule should be followed even now.

5. In case a IV grade claimant wants land in a 2nd grade village and there is no better grade claimant for that land allotment may be made to him on imposition of 40 per cent premium. Similarly, when an inferior grade claimant asks for allotment in a suburban village having no additional premium, he shall have to pay the necessary premium according to the above scale in order to bring his claim at par^N,ith a first grade claimant and no 'further premium should be charged from him

• Six spare copies of this letter area sent herewith for communication to the Tehsildars in your district/sthff working under you

R. S. PHOOLKA,

Deputy Secretary to Government, Punjab, Rehabilitation Department.

ANNEXURE XIV

The Land Claims Officer, Rehabilitation Department, Jullundur.

No. RI(165)7123/G-7, dated, JUllundur, the 20th April, 1972 Subject : —change of option.

Memorandum:•

Continuation this Department No. RI(165)16710-28/G-5, dated the 4th August, 1971, on the subject cited above. 27-I-n--order-to-curb-Tthe-ten-dency-on the part- of the unsatisfied/. partially satisfied claimants to approach this Department time and again for transfer of their parch a claims from one district to another with a

• view to securing allotment of land in districts, where the level of price is• relatively high, it has been decided that the State of Punjab may be divided into the following four zOnes.

(i) First zone consisting of Jullundur and Ludhiana Districts;

(ii) Second, zone comprising of Rupar, Hoshiarpur, and, Kapurthala Districts;

(iii) Third zone consisting of Patiala, Sangrur and Bhatinda Districts; and

(iv) Fourth zone comprising of Felr,Amritsar,, and gurdaspur Dictricts.

In case evacuee land of equivalent grade is not available in the district of original allotment, the feasibiiity of transferring the Parcha Claim to another district of the same zone shall only be considered.

3. The above instructions will apply where allotment previously been made but subsequently cancelled for one reason or the other. Where allotment has not so far been made, cases of such claimants would be govern under the Scheme of Allocation of Areas laid down in Appendix II of the Land Resettlement Manual: It is, hoewver, made clear that other principles governing transfer of Parcha Claims will remain unchanged.

4. These instructions come into force immediately, but Will be without prejudice to the over-all allotment policy, which may be involved/adapted by the Government hereafter. D. S. C11,', ..• _HAP.Y,

!or Secretary to ,

Dep=tment.

PUNJAB GOVERNMENT

DEPARTMENT OF REHABILITATION

ANNEXURE XV

• To The Land • Claims Officer, Rehabilitation Department, Jullundur.

No.. RI(120)/76/24738, dated Jullundur, the 20th December, 1976 Subject : —Allotment of land to Non-Punjabi Claimants. Memorandum:

Please refer to para 5 of the instructions issued,—vide this ---Department Memorandum No. R-1I(165) Part-V1/23148-250, dated November, 24, 1976 (copy enclosed). The following criteria has been laid down for allotment of land to unsattfied claimants of .Non-Punjabi. 'extraction, whose cases have been/are being referred by the Govern- ment of India, Department of Rehabilitation under Section 32 of the Displaced PersorA (Compensation and Rehabilitation) Act, of 1954, read with Sub-rule (2) of Rule 66 of the Displaced Persons (Compensation and Rehabilitation) Rules, of 1955:

(i) A non-Punjabi claimant settled in any district' of Punjab, may be given allotment in that very district subject to the availability of area, headless of the fact. whether or not any area, for the purpose, has been reserved in that district;

(ii) If no area is .available in the district of his residence, it may be given to him in any of the nearest districts where the area has been reserved for the purpose, according to his choice;

(iii) A Non-Punjabi claimant . settled outside Punjab, may be given allotment in any district of his choice, subject to the availability of the land, out of the districts in which area for the purpose has been reserved, on 'first come first serve' basis. Where the number of claimants, seeking allotment in a particular district, is more than one and their claims have been referred to the Tehsildar (Sales)- cum-Managing Officer concerned, for allotment, on one and the same date, allotment may be made to them in alphabetical order, keeping the English spelling of their names in view. If their names happen to be the same. then preference may be given to the smaller claimvrt To

The Land Claims Officer,

Jullundur.

No. RI(165) Part VI/24083; dated Jullundur, the 26th December, 1975 Subject :—Change of option for transfer of Parcha Claims from one • District to another District.

Memorandum:

Continuation this Department Memo No. •RI(165/9123/67, 'dated 20th April, 1972, On the subjsct cited above.

2. The-following instructions are issued regarding the, transfer of Parcha Claims of the un-satisfied claimants from ,one district ,to another :—

(a) All un-satisfied claimants should be made allotment of rural evacuee agricultural land in the diStricts of their original allotment, as laid down in Appendix II of the Land Resettlement Manual;

(b) Similarly, all claimants of alternative. allotments, should be given allotments in the districts of their original allot- • Ment;

• the district of original allocation/allotment, the allotment should be made strictly in accordanee with the instruc- tions issued on April 20, 1972. .

(d),.The above guide lines would- be applicable only to genuine unsatisfied claimants and not to the !holders .of -purchased claims, in whose cases, no change of district would be allowed under any Circumstances. Relaxation Will, how- ever, be made in the •extremely hard teases of:- WidoWs, orphans, incapacitated clainiants who are entitled to fresh alternative allotment up to. 5SAs.. In such case, allotment of land will be made outside the scope of the instruction's dated April 20,4972, but all such cases shall be referred to Government for prior approval.

3. These instructions should be meticulously followed, keeping in view the allotment policy as already approved by the • Government and 'Circulated with the instructions issued by the Department. from . . time to time. . AMRIK SINGH,

Deputy Secretary to Government, Punjab,

Rehabilitation Department, Jullundur.

101

(iv) is not exceeded. Similarly a complete account of the area utilized for The claimants settled/outside Punjab, may be asked to give three choices of districts, in order of preference, out of the districts in which area has been reserved for the purpose, district of his first choice, it may be allotted to him in the district of his second or third choice, as the case may be; and

(v) If any area is utilized for the purpose in the districts, where the same has not been reserved, the area thus utilized, will be adjusted towards the reserve area, there-

. by' releasing equivalent area, for sale by restricted auction, out of the 'reserve' area.

100

the above purpose, out of the villages in whicli no areas have been reserved should be kept separately by the Tehsildar (Sales)/Naib- I Tehsildars (Sales) for the purpose of adjustment towards the reserved .•• area of 6,000 standard acres. In order to keep proper co-ordination, the Tehsildars (Sales)/Naib-Tehsildars (Sales) as the case may be, • will intimate the details of the area utilized, out of the surplus rural - evacuee agricultural land available in the villages in which no reserva- tion has been made, to their counterparts on the Revenue side, so that they may not dispose of the same in restricted or open auction.

6. The aforesaid instructions should be followed meticulously, 4.by all concerned.

2. The existing procedure of re-verification of the claims by the=y-- Assistant Registrar (L)-cum-Managing Officer, as and when received from the Government of India, by making back references or by per- •.t sonal visits to the Department of Rehabilitation, depending upon the number of the claims requiring re-verification, should be followed as heretofore.

After the re-verification. has been done, the Assistant Registrar (L)-cum-Managing Officer should ensure that the case of a I ._

claimant is 'finalized for the purpose of allotment of land in accordance 7',

with the aforesaid criteria, in one hearing. In order to achieve this object, the notice to be issued to each claimant for the production of the requisite documents, should be comprehensive and self-explanatory so that the claimant may not have to seek adjournment for suppling the omissions or deficiences, if any, in these documents. As in the case of unsatisfied or partially satisfied claimants of Punjabi extraction, the cases of these claimants bill also to requ

he ire Tehsildar (Sa

clearance from

les)

the

-cume-

Had O

Managin

ffice,

before sending the `Goshwaras' t

Officer concerned for allotment of land.

The avoid inconvenience to these claimants, it has further been decided that the Tehsildar (Sales)-cum-Managing Officer concerned, of the district, to whom a particular claim is sent for allotment should, complete all the requisite formalities in one hearing. It shall be his responsibility to procure 'Farist Baqaia' from the Patwari, check the allot- the :=

same meticulously with the original revenue record, prepare ment order and to issue the warrant of possession, on one and the same day. The object of making allotment in one day can be achieved by summoning the Patwari concerned alongwith the'record, in his office.

All pending cases, in which requisite formalities have already the ; been completed and are ripe for allotment, should be sent Tehsildar (Sales)-cum-Managing Officer concerned for allotment, under intimation to each claimant, immediately.

BRAJINDRA SINGH,

Deputy Secretary, (Reh.), for Financial Commissioner (Revenue) , and Secretary to Government, Punjab, Rehabilitation Department.

5. A proper account of the area utilized for the purpose, should 1,,c-k kept, so as to ensure that the stipulated limit of 1,500 standard acres •- ----=itssEallEntegintin

103

102

ENCLOSURE OF ANNEXURE XV

PUNJAB GOVERNMENT

DEPARTMENT OF REHABILITATION

1. All the Tehsildars (Sales) in the State and Naib Tehsildars (Sales) , Ropar and Sangrur.

2. All the Tehsildars (Mahal)-cum-Sales in the State. No. R-I(165) Part-VI/23148-200, dated Jullondur, to 24th November, 1976

Subject :—Allotment of land to partially unsatisfied claimants. For some time past, the question whether allotment of surplus rural evacuee agricultural land he made to :—

(a) Partially unsatisfied claimants of Punjabi or Non-Punjabi extraction; and

(b) Permanently disabled soldiers and widows. parents, children . of the soldiers killed in the Chinese aggression of 1962 and Pak. aggression of 1965:

,in the villages of their original allotments or in the villages in which areas have been reserved in pursuance of the instructions issued,—pide this Department Endorsement No. G-5/1159-691, dated June, 17,,1976 has been under the active consideration of the Government. After consider- ing the problems in the perspective, it has been decided that alternative and additional allotments admissible to these categories of allottees should be made to them in the villages of their original allotments, subject to the availability of land, provided those villages have not became urban. In case, any such village has become sub-urban, a sitting allottee will be eligible to the allotment of additional or alternate area after the application of the requisite cut(s) as required under the rules. If no allotable areas are available in those villages, then subject to the aforesaid provision the allottees may be given requisite allotments in the adjoining villages according to Rules.

2. It has also been decided that fresh allotment to wholly un- satisfied claimants of Punjabi extraction and war widows of 1971, who seek allotment of land in Kapurthala, Rupar, Sangrur, Patiala and Bhatinda Districts, where no areas have been . reserved may be made to them in these districts according to Rules, subject to availability of area.

3. It should be ensured that first priority in the matter of allot- ment of land is given to the unsatisfied claimants and partially satisfied claimants whether of Punjabi or Non-Punjabi extraction. Others should be accommodated only to the extent possible after the demands of the former categories have been met.

4. A complete account of the area utilized for the above purpose, out of the villages in which no areas have been reserved should be kept separately for the purposes of adjustment towards the reserved area of 6,000 standard acres. In order to keep proper co-ordination, the Tehsildars (S)/Naib-Tehsildar (S) as the case may be, will intimate the detail of the areas utilized, out of the surplus rural evacuee agricultural land available in the villages in which no reservation has been made, to their, counterparts on the Revenue side, so that they may not dispose of the same in restricted or open auctions.

57 Detairal—instructions regarding _allotment of _land to displaced persons of Non-Punjabi, extraction, whose cases are being referred by the Government of India, for allotment, in Punjab, will be issued separately.

6. The above instructions' should be followed meticulously. The instructions already issued n this behalf,—vide IA(v) of this Depart- ment Endorsement No.. G-5/11559-69i, dated June 17, 1976, should be deemed to have been modified to the above extent.

AMRIK SINGH,

Deputy Secretary, Financial Commissioner (Revenue) Secretary to Government, Punjab, Rehabilitation Department. Memorandum:

for

and

mer

104

ANNE XURE

1171-i T14 . )4347 U3541)1 ft4Tar.

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105

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107

106

ANNEXURE XVII

PUNJAB GOVERNMENT

DEPARTMENT OF REHABILITATION

1. All the Tehiildars (Sales) in the State.

2. Naib Tehsildar (Sales) Patiala, Bhatinda and Sangrur. No. 33150-76/SO(S) Urban, Dated, Jullundur, the 12th August, 1970. Subject: — Disposal of. Evacuee Agricultural lands situated around the Towns.

Memorandum

With the expansion and development of the residential houses and Industrial concerns in the Cities/Towns of, the State of Punjab it has been observed that all along the adjoining areas of these Cities/Towns, Industries and Abadis are spreading up and each price of land has thus becom&a potential site. Consequently the value of these Sub urban/ agricultural lands has considerably appreciated and those are have become potentially sound.- Keeping in view, therefore, the present development, these areas cannot now be treated at par with the ordinary agricultural lands. As such, it has been decided that the class of evacuee agricultural lands which are situated around the Cities/Towns and have become potentially residential/Industrial sites,, should not be disposed of by allotment hereafter.. The above decision shall be, applicable to the following categories of areas situated around the Cities/Towns:

(i) The areas which are situated within one mile radius beyond the limits of 'A' Class Municipal Committee;

(ii) Areas which are situated within half a mile radius beyond the limits of the 'B' Class Municipal Committee/Notified Area Committee and Towns having population of not less than ten thousand; and

Deleted,—vide No. 9/742/4381-92, dated 12th 'April, 1971. Where, however, it is considered that the nature and location of the agricultural land is such. that it does not fall within the four-corners of the above decision, you may send, a proposal to the undersigned through, Settlement Office (U), giving the particulars of the said land, as indicated in the enclosed proforma, and seek approval of the authorities for• its allotment.

D. S. CHAWDHARY,

Deputy Secretary to Government, Punjab, Rehabilitation Department

108

ANNEXURE XVIII

PUNJAB GOVERNMENT

DEPARTMENT OF REHABILITATION

All Tehsildars (Sales) in the State. Naib-Tehsildars (S), Patiala, Bhatinda and Sangrur. No. 9(742)/4381-92, dated Jullundur, the 12th April, 1971. Subject:—Disposal of evacuee Agricultural lands around the Towns. Memorandum:

Please refer to this Department Memorandum No. 33115-26/SO(S) --

st 1970, on the subject cited ab o v e

Urban, dated 12th Augu ,

Iii) of 'p:tra 1 of •the instructions issued the

2 The item No. ( here reference and which reads as under, is by — deleted:

(iii) Area of half a mile on either side all along G. T. Road from Pakistan Border to Haryana Border.

Please acknowledge receipt of this letter.

ALAKH PARKASH,

for Deputy Secretary to Government, Punjab, Rehabilitation Department.

ANNEXURE XIX

PUNJAB GOVERNMENT

DEPARTMENT OF REHABILITATION

All Tehsildars (Sales)/Naib-Tehsildars (Sales), in the State. To No. R1(165)V11/ 41974216 /G-7, dated, Jalandhar, the 16th April, 1982 Su

alternative allotment of land to unsatisfied

claimants.

. \ It has been decided by Government that clearance of the Policy Memorandum:

I3ranch of.

the Head Office in cases where alternative allotment is to be given, may be obtained before making the, allotment. You should, therefore, refer all such cases to this Department for clearance. Any deviation from these instructions will be viewed seriously. These instructions will become operative with immediate effect.

MOHAN SINGH,

for Deputy Secretary to Government, Punjab, artment, Jalandhar. Rehabilitation Dep

110

ANNEXURE XX

PRESS NOTE

Dated, Jullundur, the 16th June, 1971. The Punjab Government have further extended the concession of allotment of surplus rural evacuee lands to the following categories of Soldiers, their parents, children etc.

permanently disabled soldiers and widows of soldiers who could not apply for allotment of land by 30th November,

1967.

and dependent children not apply for allotment

(b) parents of non-married soldiers of widower soldiers who could df land by 5th J anuary, , 1970.

(ii) Children of Widows who re-married husbands in - operation against aggressions.

(iii) Parents of married soldiers killed in Chinese and Pakistan aggression and whose issueless wives had re-married after deaths

(iv) Children of soldiers widowers killed in Chinese and Pakistan aggressions and whose wives died without availing of the- benefit extended by the State Government for allament of land.

2. Allotment of land will be made to the above categories in the following manner, out of 5 per cent of the available evacuee area reserved in each district for the purpose: —

(1) As far as possible the eligible persons will be allotted land in. their home districts.

(ii)

in case the reserved area in a district falls short of the requirement of the eligible persons, allotment of land will be made drawing lots by the Deputy Commissioner of the District in the presence of the Tehsildar (,Sales)/ Tehsildar (Sales) and the applicants.

(iii)

The applications of the eligible persons who fail to win the draw will not be rejected but will be forwarded to the Head Office of the Rehabilitation Department at Jullundur. After State—wise assessment of the area still available out of that reserved for the purpose it will be examined by the Rehabilitation

Department. Whether it is sufficient for

meeting the requirements of the spill over applications. If it is sufficient then these applications, will be sent to those where ,in :1;._d areas will be available after

obtiMng the choice of the applicants and keeping in w

after the death of their

Chinese and Pakistan

111

the. fact that-an applicant_ is accommodated in a district adjoining his/her own dirafriet.

v) If the available area is in-sufficient to meet the requirements of the spill' over applications, then a lottery will be drawn at the Headquarters at Jullundur in the presence of the applicants, under the supervision of the Financial Com- missioner (Taxation) or any other officer mentioned by him in this behalf. The successful applicants will be accommo- dated in the districts where un-utilized area will be available.

3. An eligible person will be allotted surplus rural evacuee land to

10 Ordinary Acres inclusive of his/her own holding if any, and the price of - the land so allotted will be charged a Rs. 450 per Standard Acre, recoverable in 20 half yearly equated interest free instalments. of. the _reserved area, available for

Reserved area available

for allotment

674

4.---The district-wise details allotMents are: --

S. No. Name of District

1. Amritsar 1,406

2. Ferozepur 416 3.. • Gurdaspur 209

4. Hoshiarpur. 330

5. Rupar 406

6. Ludhiana 67

7. Patiala 38

8. Sangrur

9. Bhatinda 580

10. Kapurthala 1,501

11. Jullundur Total:— 5,627

5. The. persons considering themselves eligible for allotment of surplus evacuee land under the abve scheme, should apply to the Tehsildar (Sales)./Naib Tehsildar (Sale

s) posted in their 'Districts by the 21st Sepi:cmber, 1971. The persons residing in Zira and Moga Tehsils of. Ferozepur District are required to apply to the Tchsildar (Sales), Moga. Na

applicatior, will be entertaiped_ after the prescribed date. No persons who have already applied in response to the earlier PrESS NOTE' and their

cases are pending need not apply afresh.

State Rehabilitati6h Departnient

Punjab.

ANNEXURE XXII —) ).3 —

PUNJAB GOVERNMENT

Department of Rehabilitation To

Continuation of this Department Memorandum No. RI(115)/Part -II/

7378-85, dated 18th June, 1982; -on the above noted subject. the land

2. The disposal of evacuee share in Shamlat Deli including which vested in the Shamlat Deli due to river action had been stopped till decision of the appeal filed by the Gram Paw hayat of Village Jamalpur Awana in the Supreme Court of India,—vide this Department communi- 1977 cation No. RI(115)Part-11/14064-159, dated 12th September, , which was

reiterated in the c communication: under reference. A few cases of viola- tion of the instructions have been brought to the notice of this Department by court in Deputy Commissioners in the State. You are once again directed to ensure that evacuees interest in Sharnlat Deh is not allotted or disposed of in any manner till further instructions. Any laxity in this behalf would be seriously viewed.

Memorandum:

NARINDER SINGH. CHEEMA,

Deputy Secretary to Government, Punjab, Rehabilitation Department.

All the Tehsildars (Sales) in the State. No. RI(115) Part-II/G-7/18429-40/Dated, Mohali, the 7th October, 1983. of wholly or partially evacuee

Subject:—Disposal of Shamlat Deh lands

villages.

112

ANNEXURE XXI

PUNJAB GOVERNMENT

Department of Rehabilitation To

All the Tehsildars (Sales) in the State.

No. RI(115) Part-II/7378-85, dated, Jalandhar, the 18th June, 1982. Subject.—Disposal of Shamlat Deh lands in wholly or partially evacuee villages.

• Memorandum :

Continuation of this De Memo. No. R1(115)/Part-II/14064- partment

ect cited above.

159, dated 12th September, 1977, on the subj

2. As you are aware, disposal of Shamlat Deb land including the land vested in the Shamlat Deh due to river action had beer suspended till the decision of the appeal pcnding in the Supreme Court o: India,—vide

the aforesaid communication. It has come to notice that these instructions are not complied with meticulously. You are once again desired to note that no `Shamlat Deh' land be allotted to the unsatisfied land claimant or disposed a

in any other manner till further instructions from this department. Any laxity in this matter would be seriously viewed.

N. S. CHEEMA,

Deputy Secretary to Governmenn t, Punjab,

Rehabilitation Departmet.

- 114

ANNEXURE XXIII

PUNJAB GOVERNMENT

Department of Rehabilitation All the Deputy Commissioners in the State.

No. 2(505)G-5/Policy-III/10273-84, Dated, Jullundur, the 7th July, Subject: —Disposal of surplus rural evacuee agricultural lands/properties. Memorandum:

The work regarding disposal of acquired rural evacuee lands/ properties was with-held in order to re-examine the policy. The Government have now decided to resume the work with some modifica- tions. These changes in the policy are given as under for future guidance and strict adherence:—

(i) In respect of cultivable rural evacuee 'land which is not transferable on the basis of possession, the unauthorised occupations should be got vacated and land disposed of in restricted or open auction as provided under Rule 6 Part IV of the Punjab Package Deal Properties (Disposal) Rules,

1976.

(ii) Applications received for the transfer of the rural evacuee land under the various Press Notes issued by the State Govern- ment, on the basis of possession should be processed expeditiously and disposed of within a period of one month positively.

(iii) In certain cases, it was noticed that the disposal of some applications on the basis of possession was with-held as the land in possession of the occupants became urban or sub- urban on account of the extension of civil limits of'4he adjoining towns. All these applications should now be processed in accordance with the extant policy. Such of the persons who are found eligible to the transfer of land in their possession, be provided alternative rural agricultural evacuee land at the rates fixed. The sub-urban/urban land so vacated by these persons shall be disposed of by the Tehsildars (Sales)/Naib Tehsildars (Sales) appointed on

115

urban side. All the pending applications should accordingly be processed and finalized within a month. The number of eligible cases together with the area involved Tehsil-wise should be communicated to this Department by 31st July, 1981, positively.

(iv) The reserve price of the rural evacuee land to be disposed of by restricted/open auction was fixed as far back in the year 1961-62. Since the value of the land has appreciated, it has been decided that the reserve price already fixed in each assessment circle should be enhanced three times. The reserve price have already been communicated to you. So

while conducting the future sales, it should be ensured that the highest bids are accepted after enhancing the previous assessed price as directed above. Revised prices are being communicated to you separately.

(v) In respect of uncultivable lands comprising Banjar Qadim and Ghair Mumkin land etc. It has also been decided that after transfering the chunks of land measuring 20 Acres or above to the Forest Department for Aforestation and meet- ing with the demand of State Industries Department in respect of rural land required for Industrialization or the land required by the Village Panchayats for common purposes, the rest of the land should be disposed of by open auction. A reference has been made to the above referred Departments to indicate their requirements. As soon as requirements are received from these' quarters, further instructions would follow.

The disposal of the land has now to be taken up in the light of the decisions referred to above. Where necessary, the existing rules are being amended to provide legal sanctity to the aforesaid decisions.

RANDHIR SINGH,

Deputy Secretary to Government, Punjab, Rehabilitation Department.

1981.

•

116

ANNEXURE XXIV

PUNJAB GOVERNMENT

Department of Rehabilitation All the Deputy Commissioners in the State.

1983. No. 2(505)/G-5/Policy-III/5134-45, dated, Mohali, the 14th March, Subject :—Disixsal

of surplus evacuee agriculture land/properties.

Memorandum:

Continuation of this department Memo No. 2(505)G-5 policy-III/ 1317-28, dated 1st February, 1983, on the subject cited above.

2. Instances are still coining to the notice of this department that the instructions issued by the deparment—vide Memo. No. 2(505G-5/ Policy-III/10273-84, dated 7th July, 1981 and the communication, under reference, only restrain the disposal of

Banjar and Ghair Mumkin land comprising of blocks of 20 acres or above and these do not apply to other land which can be sold by open auction. It is thus imperative to once again clarify that no Banjar/Ghair Mumkin land is to be sold till further instructions from this department. If some land has been sold, the sales

in those cases may not be confirmed. The cases in which' sales have been

confirmed, may be/sent to the Headquarters office at Mohali• for further

action to set aside the sales under the due process of law.

NARINDER SINGH CHEEMA,

Deputy Secretary to Government, Punjab, Rehabilitation Department, Mohali.

117

ANNEXURE XXV

PUNJAB GOVERNMENT

Department of Rehabilitation All the Deputy Commissioners in the State.

No. 2(505)/G-5/Policy-III/8921-32, dated, Mohali, the 20th May, 1983. Subject: —Disposal of surplus Banjar & Ghair Mumkin land. Memorandum:

Continuation this department Memo. No. 2(505)/G-5/Policy-III/ .1317-28, dated 1st February, 1983, on the subject cited aboVe.

2. It has been decided by the Government to stop the disposal of Banjar/Ghair Mumkin lands by way of open auction forthwith till the receipt of fresh orders in this behalf. It is further directed that all the files- in, which confirthation has been ordered by the respective Sales Commis- sioners in respect of the sale of Banjar/Ghair Mumkin lands conducted after 7th July, 1981, .be referred to this department for getting them set aside from the Chief Sales Commissioners by making suo-moto references under SeCtion "10 of the Punjab Package Deal. Properties (Disposal) Act, 1976, .as auctions appear 'to have been conducted without offering lands first to the Forests, Industries and Panchayats Departments.

•

RAJESH CHHABRA,

Joint Secretary (Revenue), for Financial Commissioner, Revenue & Secretary to Government, Punjab, Rehabilitation Department, Mohali.

15 170 CS—Govt. Press, U.T. Chd.

Punjab act 021 of 1976 : The Punjab Package Deal Properties (Disposal) Act, 1976

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