PUNJAB GOVT. GAZ. (EXTRA) | ECEMBER 5 (PAUSA 3, 1938 SAKA) R24 GOVERNMENT PUNJAR SEPARTMENT OF LEGAL AND LEGISLATy ALR » 2016
243
AIRS, PUNjA NOTIFICATION The 241), December, 2016 No. 61-Leg./2016.-The following Act of the Legislature of the State of punjab received the assent of the Governor of p unjab on the 23y day of December, 2016, is hereby published for general informatjoy--
THE PUNJAB ALLOTMENT OF STATE: GOVERNMENT LAND
ACT, 2016
(Punjab Act No. 54 of 2016)
AN
ACT
to provide tor allotnvent of land to the occupants who are in cultivating possession of such land for the last more than twenty years. BE it enacted by the Legislature of the State of Punjab in the Sixty- seventh Year of the Republic of India, as follows:-
: : Tr date of its (2) It shall come into force on and with effect f om the Publication jn the Official Gazette.
<.
. Delinitions. ; 'WISE requires,- In this Act, unless the context otherwise re ) ivisional Magistrate;
g sioner"
means the Sub-Division: (a) Allotment Commissione
of the District; is PIII
C issionero (c) "Commissioner" means the ommission
pA r
at 21,
Chi Allotm
ent Commiss
ione
s the Chie (d) "compete
nt authority" means
ihe
: istrict; coc of the Di
who is the Deputy Commission! ° |tivating possession
; 1s cultive (e) " Iti i ossession" means continuot
Cultivating p
yy event record; established by the entries In the rev
1
TY
2H PUNJAB GOVT. GAZ (EXTRA), DECEMBER 24.201
(PAUSA 3, 1938 SAKA)
(0 "Family™ in relation 10 a person means (he Person, yp, on ¢ husband, as the case may be, of such Person and hig her yy; Ming children;
(2) "Financial Commissioner" means the Financial Commigyj, Revenue of the State of Panjab; ler
("head of family" means the eldest adult male member of, fami provided that an adult married son will be regarded as hegg Wy own smaller family which shall also be considered Separate uj.
(1) "land" means the State Government's rural agriculture lang belonging to or vesting in the State Government but shal exclude.
(1) evacuee land, which is governed by the Punjab Package Dey| Properties (Disposal) Act, 1976;
(11) nazool land, which is governed by the Nazool Land Transfer Rules, 1956;
(m1) surplus land, which means the area declared surplus land and which is governed by the Punjab Land Reforms Act, 1972;
(iv) shamlat land means the land as defined in the Punjab Village Common lands (Regulation) Act, 1961; and
(v) mushtarka malkan land kept for common purposes in the light of'section 23-A and section 42-A ofthe East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948;
0) occupant" means a person in continuous cultivating possession of land, whether authorized or unauthorized, either himself or through his lineal ascendant(s);
(k) "rural area" means an area within the State of Punjab which is not urban area;
() "State Government" means the Government of the State of Punjab in the Department of Revenue, Rehabilitation and Disaste! Management; and
(m) "Tehsildar (Allotment)" means the Tehsildar. Persons entitled 3, (1) Any occupant who is in continuous, undisputed and actual cultivating 10 make an application. possession of a land for the last more than twenty years, duly supported )
' .
"
ith the revenue record, shall be entitled for allotment of land in accordance wil
2
SUNJAB GOV'T GAZ. (1x J [ / 1 GA (EXTRA), DECIM (PAUSA 3.1938 0k 4, MHRM2006 gg
(he provisions of this Actan
d the rules framed (hero
n
i
nde
spov ded that no oc
cup _—
;
Pi pa
nt/amily shal ye en
of land ander this Act
,
ted more (ha "
Cacres
(y Any person who considers himself yy ligeil rus eligible for A [ srovisions of this Act may ;
,
| Ac ma atany time apply ¢ " allotment of fg othe comp clent ander the
for allotment ol such land.
authority
On receipt of an application
|;
4h | an applicat
ion for wansfer of land
and, the co ' npetent
on , Yar )
"it n 3 ' . authority, after ee nducting such inquiry, as he deems fit, and afi , enorts and recommendations, il :
3 HL and after consideri {he reports unendations, ilany, of the 'Tehsilday (All denne { > ad
3 ~~ ~3 age .
' ' otn
] ' .
Allotment Commissioner may, by order in writing, either all nnd the > erther allot or decli ine to allot the land applied tor:
Provided that the ¢ stent ¢ the compet nt authority shall pass an order of all ; , : J
. . .
¢ 21 Of > only to that extent as the appli cant is eligible under this Act allotment
sAct:
) de Tq .
.
Provided further that no order, either partiall y or totally, rejecting allot
SLi rallotment
shall be passed without affording the applicant a reasonable opportunity of tunity o being heard.
N (2) An application for allotment of land may be made by a person who is in occupation of such land and is having cultivating possession for the last more than twenty years and is also head of the family.
(3) An occupant shall not be entitled to apply, if, he is an allottee or vendee of the land, the allotment or transfer whereof has been cancelled on the grounds of fraud, misrepresentation of facts or otherwise.
. The price of the land which is allotted shall be determined on the basis of
1e Collector rate fixed by the Collector and the rate ol allotment shall be as
| [ollows:-
(a) upto two acres—Collector rate minus fifty per cent;
(b) above two a cres upto four ac res—Collector rate minus twenty
five per cent; and (¢) above four acres and upto five acres = at the Coll ector rate:
levant on the dat
e of
aforesaid pt
),. .
FO Ra : Provided (hat the Collecto r rate, re al
lotment order
Ol the ¢
.
competent authority shall be re levan! for the
6.
t
(oan occupant, tv
Ld
ol issue
pose.
Wi
"
iv (ive percent of
" ome any land has been allottéd venty | Fiotent
Ota PR
.
letter ol mten consideration shall be deposite ofle
and t| or a
.
1e balance price shall be paid by the allotte int e
d at the time
o interest-fre
e six-monthly
Franster of Lad
Price of land.
Made ol recovery
of Price of land.
3
Issue olf conditional conveyance deed. Issue of
unconditional conveyance deed. Power to cancel allotment.
Publication of notice.
246 PUNJAB GOV'T. GAZ. (EXTRA), DECEMBER 24,2016
(PAUISA 3, 1938 SAKA)
Iment, interest al the rate installments. However, tor any delayed instal of wey percent per annum shall be recovered for the period of delay, In the event, an allottee wants to deposit the entire amount ar gy. Hip ol the allotment itself, a discount ol ten percent ol the overgll COMSideragig, shall be admissible to him.
70D Aconditional conveyance deed shall be issued on the depo, of
twenty five per cent of the total consideration.
(2) The allottee shall not be entitled to alienate th > allotted lang for 4 period of ten years from the date of issue of conditional conveyance dee Explanation:-Devolving of land by intestate succession or under 4 Willy Bequest shall not be deemed as alienation. However, no mutation shall be sanctioned in favour of the allotiee merely on the basis of conditional conveyance deed.
8. Alter the expiry of period of ten years from the issue of conditional conveyance deed, an unconditional conveyance deed shall be issued by the competent authority alter satisfying himself that no unauthorized alienation of the allotted land has taken place and all the installments of the total price of the land has been paid.
9. (1) Inthe event of failure of the allottee to pay the installments or in case of persistent default, the competent authority, at any time, shall be authorized to cancel the conveyance deed after afford ing opportunity of being heard to the allottee. The amount, if any, paid by the allottee shall stand forfeited.
(2) The competent authority may, at any time, cancel the allotment of land, if the allotment has been obtained by fraudulent means.
10. (1) "The competent authority shall publish 4 notice in the Official Gazette calling for objections from all the departments of Punjab Government and any other person interested jn the land, within 4 period of sixty days stating his intention to bring the land within the purview of the allotment scheme under this Act. wo
,
(2) After hearing the objections), iFany, received and conducting such enquiry as deemed fit, (he competent authority shall pass an order as [0 whether the land Proposed to be allotte jg (0 be brought within the purview of this Act and his order shall be published jj, the Official Gazette.
4
appedl Revision. Procedure.
B
and linality of orders,
Progeny:
wo Seton of 08 take jy 8oqy faith, Po Wer ( 0 muk ley Make wofjurisdiction 14. Save as otherwise expressly prov! PUNJAB GOV: 4, ~.
" . CIR
A) DI:
(3) Subject io gy order passe 8 SAKA, S016), ; ' assed angley Tel 8 RY i y . | Sect j —
Government, final ordey gf the compe ction 200 hig pg po Gazette shall be [ing] Pelent thorijy thy the Saye notifie Stion i any othe
unjab Goye
I this Ac may,
al to the Commiss;
and no eglfe : |
| A
( calle in ue
i] mn the Ofc ia) ) MQ ARs
.
11. hy person or any department of p Penunt order of the competent authority une Mmeny Agerieyed by "
within thirty days
one
the date of order, prefer 4, appe manner, as may be prescribe:
from
rn such form and
Provided that the Commissioner may enfe Ce rtain an appea| a fie appellant was preve Tici
! de
nted by suff e cause from filing the appeal in time, i
12. I « .
. (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 opinion, the circumstances of the case require and is not inconsistent with any provision contained in this Act or the rules made there under.
(2) The State Government shall not pass an order under this section reversing or modifying any proceedings or order of any officer without giving the affected person an opportunity of being heard.
lis Act shall be conducted as per procedur
e laid
t, 1887.
13 The proceedings under (l down under the Punjab Land Revenue Ac ded under this Act, eve
ry order
hall be final and n
o civ il court
nade
by any officer or an authority under this Ac oe in sespect of an plertatn any i. thority appointed under
ction shall
b
shall have jurisdiction lo ¢
matter which the State Government
oe aenli
this Act is empowered by or un
der this Acti i .
(horily inte
onferred by Of
g shall lie
{ under
this #
{orany office o granted
ken ot to be
taken in
spect ol an
y
by any court or other au der this Act
pursuance of any power ©
al proceeding
jovernment
of of anything
is. No suit or o
ther leg
pect © )
or any officer or a
uthorities
' . . with oF
which is taken in good faith
appointet
16. (1) The State Gov < of this Act:
OSES ,
I" the put? aid, make rules to carry out for this AC! shall be e
ade une
as soon a
3 may be,
[4
(2) [Every ru le m
5
CN
28 PUNJAB GOVT. GAZ (EXTRA) DECEMBER 24. 59)
(PAUSA 3, 1938 SAKA)
after itis made. belore the House of the State Legislature, while jy IS in seg; for a total period of ten days, which may be comprised in one sessjon OF in fy or more successive sessions and if, before the expiry of the session in hig itis so laid or the successive sessions as aloresaid, the House agrees iy, making any modification in the rules or the House agrees, that the rules should not pe made. the rules shall thereafter have effect only in such modified form or pe of no effect, as the case may be. However, any such modification or annulmen shall be without prejudice to the validity of anything previously done or Omitted to be done under that rule.
VIVEK PURI,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 1167/12-2016/Pb. Govt. Press, S A.S. Nugar
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