PUNJAB GOVT. GAZ., MARCH 26, 2021
(CHTR 5, 1943 SAKA)
( xxxviii )
LEGISLATIVE SUPPLEMENT
Contents Pages Part I Acts
Nil
Part II Ordinances
Nil
Part III Delegated Legislation
1. Notification No. G.S.R. 28/P.A. 1/2021/ S.14/ 2021, dated the 16th March, 2021, containing the Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Rules, 2021.
2. Notification No. G.S.R. 29/Const.Art.309/ Amd.(2)/2021, dated the 16th March, 2021, containing amendment in the Punjab Industries Non-Technical (Group 'B') Service Rules, 2007.
Part IV Correction Slips, Republications and Replacements
Nil *****
ORDINARY
Published by Authority
CHANDIGARH, FRIDAY, MARCH 26, 2021
(CHAITRA 5, 1943 SAKA)
313-323
325-334
1
PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF REVENUE, REHABILITATION
AND DISASTER MANAGEMENT
NOTIFICATION
The 16th March, 2021
No. G.S.R. 28/P.A.1/2021/S.14/2021.-In exercise of the powers conferred by section 14 of the Punjab (Welfare and settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Act, 2020 (Punjab Act 1 of 2021) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules to carry out the provisions of the Act, namely: -
RULES
1. Short title and commencement. - (1) These rules may be called the Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Rules, 2021.
(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.
2. Definitions. -In these rules, unless the context otherwise requires,-
(a) "Act" means the Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Act, 2020;
(b) "applicant" means a person who applies for allotment of land under the Act and includes his heir (s);
(c) "Form" means the Forms appended to these rules;
(d) "notification or notified" means a notification issued by the Government and published in the Official Gazette.
(e) "revenue record" means the record maintained under the Punjab Land Revenue Act, 1887 (Punjab Act No. XVII of 1887) and the Punjab Land Record Manual;
(f) "section" means the section of the Act; and
313
(g) words, expressions, and phrases used herein and not defined, but defined in the Act shall carry the meanings respectively assigned to them in the Act.
3. Application of the rules. - These rules shall apply to the proceedings under the Act and all matters incidental thereto.
4. Application to the Allotment Commissioner.- (1) A landless, marginal or small farmer in cultivating possession and occupation of land for a period of ten years or more as on first day of January, 2020 may apply to the Allotment Commissioner for the allotment of land in Form 'A'.
(2) The application shall be accompanied with copies of revenue record showing the occupation and cultivating possession of land for a period of ten years or more.
(3) A court fee of rupees one hundred shall be paid on an application for allotment of land under the Act.
5. Notice of the application.- The Allotment Commissioner on receipt of an application for allotment of land shall issue notice under sub-section (2) of section 5 of the Act in Form 'B' to the Secretary to Government of Punjab in the concerned Department of the Government of Punjab in which the land vests to raise objections, if any, within sixty days of the receipt of notice.
6. Enquiry and order by the Allotment Commissioner- (1) The Allotment Commissioner on receipt of an application for the allotment of land shall get a report from the Tehsildar with his recommendation as to the genuineness of the applicant and his entitlement for allotment of land.
(2) The report and recommendation made by the Tehsildar as to the genuineness of the applicant and his entitlement for allotment shall be considered by the Allotment Commissioner who shall either accept the report and recommendation or reject it.
(3) The Allotment Commissioner in case the land is to be allotted shall pass an order by recording reasons therein-
(a) the grounds of the eligibility of the applicant for such allotment;
(b) the existing land holding, if any, of the applicant; and
(c) the price to be determined in terms of rule 7, at which the land is being allotted.
Sections 3
(2), 11 and
14 (2) (a).
Sections
5 (2), 11
and 14
(2) (a). Sections
5 (3), 6,
11 and 14 (2)(b)(c).
314
(4) The Allotment Commissioner in the event the application for allotment of land is to be declined, shall by recording reasons pass an order declining the application, which shall be communicated to the applicant.
7. Determination of the price payable by the applicant for allotment of land.- (1) The price payable by an applicant for allotment of land for a marginal or small occupant farmer in the case of general category applicant shall be fifty per cent of the Collector rate for land measuring up to two and a half acres and sixty-five per cent of the Collector rate for land measuring above two and a half acres and up to five acres.
(2) The amount payable by an applicant for allotment of land for a marginal or small occupant farmer in the case of members of the Scheduled Castes category and landless farmer, irrespective his being of the General Category or member of the Scheduled Castes category, shall be thirty per cent of the Collector rate for land measuring up to two and a half acres and forty per cent of the Collector rate for land measuring above two and a half acres and up to five acres.
(3) The price payable by an applicant for the allotment of land in lump sum; twenty-five per cent of the lump sum and the balance in six equated interest free instalments, mentioning the due dates, shall be calculated by the Allotment Commissioner in the order of allotment and informed to the applicant.
(4) The price payable in lump sum within thirty days of the allotment order for the allotment of land shall be calculated after deducting ten per cent discount.
8. Issuance of allotment letter.- (1) The Allotment Commissioner shall communicate the orders of allotment to the applicant.
(2) The allottee shall within thirty days of the receipt of the order deposit twenty-five per cent of the entire price determined.
(3) The period of thirty days for the deposit of the amount may, for sufficient cause being shown, be extended by the Allotment Commissioner up to forty-five days.
(4) The Allotment Commissioner, on deposit by the applicant, twenty- five per cent of the price determined, shall-
Sections
4 and 11.
Sections 4, 6,
11 and
14(2)(b)(c).
315
a) issue a letter of allotment in Form C;
b) specify the total amount payable;
c) the acknowledgment with details of the twenty-five per cent of the amount deposited by the applicant; and
d) the amount of each six equated installments specifying the due date of each installment.
9. Deposit of amount payable.- (1) The entire amount of price determined for the allotment of land with ten percent discount, if the amount is deposited within thirty days of the allotment order; or twenty-five per cent of the entire amount and each of the six equated installments, and interest, if any that may be liable to be paid shall be deposited by the allottee in the Punjab Government treasury under the head as notified.
(2) The challan receipt of the amount deposited by the allottee in the Punjab Government treasury shall be submitted to the Allotment Commissioner who shall place the same on his case record.
(3) The Allotment Commissioner before proceeding to cancel the allotment under sub-section (3) of section 6 of the Act shall give an opportunity to an allottee to pay the amount due along with interest at the rate of six per cent per annum from the due date till the date of payment.
(4) The final payment shall in any event be deposited by the allottee within ninety days from the due date of the sixth and last installment.
10. Issuance of conveyance deed.- The Allotment Commissioner on the payment by the allottee of the entire price for the allotment of land along with the interest, if any, applicable in terms of sub-rule (3) of rule 9 of these rules shall issue a conveyance deed in Form 'D' in favour of the allotee.
11. Procedure for refund.- (1) In case an allottee defaults in the payment of money or fails to deposit the initial amount or the balance of any installment due and the allotment of land is cancelled under section 6 of the Act, the amount deposited by the allottee for the allotment of land under the Act shall be refunded to him by the Allotment Commissioner.
(2) In case of cancellation of an allotment under section 6 of the Act, the allottee may within sixty days of the cancellation apply to the Allotment Commissioner for refund of the amount deposited by him. Sections
6 and
14 (2)
(c).
Section
7.
Sections 6 and
14 (2)
(d).
316
(3) On receipt of an application under sub-rule (2), the Allotment Commissioner after deducting twenty-five percent of the amount, refund the balance amount to the allottee.
12. Disposal of land.- In the event of cancellation of the allotment of land made, the allotted land shall be disposed of by public auction by the Allotment Commissioner.
13. Appeal.- (1) The grounds of appeal filed by or on behalf of a party to the Chief Allotment Commissioner, shall be as brief as the nature of the case admits; and shall not be argumentative but shall be confined as far as possible to a simple and concise narrative of the facts, which the party by whom or on whose behalf the appeal is filed believes to be material to the case.
(2) The memorandum of appeal shall be accompanied by a copy of the order appealed against along with a court fee of rupees one hundred. Sections
6 (3)
and 8. Sections
9.
317
FORM- 'A' [See rule 4(1)]
To The Allotment Commissioner__________ District________________
Sir,
As required by section 3[2] of the Punjab [Welfare and Settlement of Landless, Marginal and Small Occupant Farmers] Allotment of State Government Land Act, 2020, I furnish the below particulars of the Punjab Government land held by me, for allotment of the same. I am in continuous, cultivating possession of this land from the crop __________ year__________. It is also requested that the amount payable by me may be calculated and I be informed accordingly.
It is submitted that no land is owned by the applicant/the total land owned by the applicant in the State of Punjab is _________ Kanal/ Bighas _______ marla/biswas strike out whichever is not applicable.
1. Name of Applicant ____________________
2. Category under which applied (attach certificate if belonging to S.C.)
3. Son of/Daughter/Wife of _____________________
4. Details of land of which transfer is sought as per Jamabandi:-
Jamabandi for Khewat/Khatauni No. Number Khasra Total Area the year
5. Complete Address _____________________
6. Email id _____________________
7. Mobile Phone _____________________
8. Landline No. _____________________ The copies of jamabandi from the year_____________to____________ and the requisite girdawaris for___________years are enclosed. Certificate
I solemnly affirm that the particulars given by me in the application form are correct.
Date_____________ Signature__________
318
Form- 'B' (See rule 5)
Shri ___________________S/o ________________R/O Village ______________________Tehsil_________________Distrct______ has submitted an application under section 3 of the Punjab [Welfare and Settlement of Landless, Marginal and Small Occupant Farmers] Allotment of State Government Land Act, 2020 for allotment of Punjab Government Land, the ownership of which vests with your Department. Details of the land are as under:-
Name of the Village _____________Tehsil______District _______Khewat/ Khatauni__________as per Jamabandi for the year____________. In case you have any objection (s) to the said allotment, you may submit the same with specific reasons within sixty days for consideration by the undersigned.
In case of failure to receive your response within specified time, it shall be deemed that your department has no objection to the transfer of the said land.
Allotment Commissioner
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FORM-'C' (See rule 8)
LETTER OF ALLOTMENT
To
_____________________ _____________________
Sub: Letter of allotment for land comprised in Khewat/ Khatauni_________ bearing khasra nos. _________ measuring __________ Kanal/Bigha_____ Marla/Biswa_________situated in village _______, H.B No.________ Tehsil _______, District ________
No. ____________ dated ___________ This is with reference to your application received on ___________ for allotment of the above land.
2. This is to inform you that after consideration of your application the above land is allotted to you subject to the following conditions, namely:-
(i) The allotment shall be subject to the provisions of the Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Act, 2020 read with the rules framed there-under from time to time.
(ii) The allotment shall be for a total price of Rs. __________/- (figure to be given in words also).
(iii) You have deposited twenty-five per cent of the above allotment price vide challan/receipt No. _____ dated ______ in the ________Treasury. You have the option of deposit of the balance seventy-five per cent of the allotment price in lumpsum or in six equated instalments as per the Schedule given below :
Serial number of Instalment Due Date Total amount payable
1
2
3
4
5
6
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(iv) The above amounts should be deposited within the stipulated time in the Government Treasury under head _______, and the receipts submitted to this office.
(v) This Letter of Allotment shall be deemed to have been cancelled at any subsequent stage if the information / documents supplied by you are found to be false or fabricated. Such allotment shall be cancelled and the entire money deposited shall be forfeited.
(vi) Conveyance deed for the allotted land shall be issued after the entire price of the land has been paid.
Allotment Commissioner
Endst no. ______ dated __________
A copy is forwarded to the following for information and necessary action:
1. Deputy Commissioner, ________
2. District head of concerned Department
3. Tehsildar, ________
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Form 'D' (See Rule 9)
Conveyance Deed which will be written in case of full ownership of the Government Land sold as per 'The Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Act, 2020'.
This document which on............date............(month) year..........was written, was signed between the Governor of Punjab, who will then be called the seller (as long as there is nothing against the context or its meaning, including heirs and trustees) will be the first party and Sh............ s/o Sh..............s/o Sh............. resident of (full adress)..................... Which will be called the buyer (second party) will be called the second party and (which will include his heirs, successors and administrators unless there is anything contrary to the context or its meaning).
The Governor of Punjab is owner of the following land, which as
per Jamabandi year............, is registered with the .................. department of Punjab Government.
Village...........Hadbast No.............Tehsil...........District........ Khewat No. Khatoni No. Khasra No. Area
Regarding the allotment of the above land, an application was
submitted by Sh.....s/o Sh......s/o Sh........ to the Allotment Commissioner, Sub Division .......... through the date .......... The Allotment Commissioner through his Order No. ........dated ........ has given his approval for allotment of land as under. There is no record of any appeal or other application pending against this order at any level.
Village...........Hadbast No.............Tehsil...........District........ Jamabandi/ Year Khewat No. Khatoni No. Khasra No. Area
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On behalf of Allotment Commissioner, Sh.......... who is the buyer (second party), has deposited the full amount Rs............. in words........... dated..........as fixed by the Allotment Commissioner in the Government treasury. Thus the entire process has been completed by the Allotment Commissioner. Based on the above facts The Governor of Punjab (seller first party) Jamabandi year....... Khewat No......Khatoni No....... Khasra No...... including area........ total area....... village......tehsil.....district...... agree to sell to buyer (second party) after full price is paid. The buyer (second party) also agrees to purchase the land in accordance with the above facts.
The seller (first party) also makes it clear that if the buyer (second party) has obtained the order of the Allotment Commissioner by concealing or misrepresenting any fact or by any offense under the Indian Penal Code, 1861 (IPC) and if such a crime has been explicitly ordered by the competent authority or the court, then the Conveyance Deed will be automatically revoked. At the same time according to this the property will be transferred back in the ownership of Government by cancelling the entries and details in the revenue records of the revenue department through the appropriate system.
In this way, the seller has sold all the above mentioned rights, route, land entry of the above land which he has acquired till now, to the buyer (second party)........... through this conveyance deed.
The entire cost of this Conveyance Deed (stamp duty, registration fee etc.) has been borne by the buyer. This Conveyance Deed has been written and is considered correct by both the parties.
Date.........
Witness No.1........... Signature of the official authorized by the seller (with designation)
Full Address.............
Witness No.2........... ............................................................ Full Address............. ............................................................ Buyer's Signature
...................................................
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2257/3-2020/Pb. Govt. Press, S.A.S. Nagar
12
PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF INDUSTRIES AND COMMERCE
(Administration-I Branch)
NOTIFICATION
The 16th March, 2021
No. G.S.R. 29/Const./Art.309/Amd.(2)/2021. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules further to amend the Punjab Industries Non-Technical (Group-B) Service Rules, 2007, namely:-
RULES
1. (1) These rules may be called the Punjab Industries Non-Technical (Group B) (Amendment) Service Rules, 2021.
(2) They shall come into force on and with effect from the date of their publication in the official Gazette.
2. In the Punjab Industries Non-Technical (Group-B) Service Rules, 2007 (hereinafter referred to as the said rules), in the rule 6, for the words
"Punjab Government", the words "Department of Finance " shall be substituted.
3. In the said rules, for rule 7, the following rule shall be substituted, namely:-
"7. Discipline, punishment and appeal.- (1) In the matters of discipline, punishment and appeal, the members of the Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1970, as amemded from time to time.
(2) The authority empowered to impose penalties as specified in rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 shall be the Administrative Secretary and the appellate authority thereunder in respect of the members of the Service, shall be the Minister In-charge of the Department.
4. In the said rules, for Appendix 'A', the following Appendix shall be substituted, namely:-
325
"Appendix 'A' [ See rules 1 (3), 3 and 6]
Serial Designation of the Post Number of Scale of Pay (in rupees) No. Posts with grade pay
(Permanent)
1 2 3 4
1. Assistant Director/ 96 10300-34800+5000 Assistant Controller of
Stores/ Store Inspection
Officer and Functional
Manager
2. Superintendent Grade-II 12 10300-34800+4800 (Head Office)
3. Superintendent Grade-II 4 10300-34800+ 4800 (Controller of Stores)
4. Superintendent Grade-II 22 10300-34800+ 4800 (District Industries Centres)
5. Naib Tehsildar 1 10300-34800+4800
6. Personal Assistant 1 10300-34800+4800
7. Assistant Manager 1 10300-34800+4800 (Information Techonology)
8. Information Technology 3 10300-34800+4400 Assistant
9. Legal Assistant 3 10300-34800+ 4400 (Head office)
10. Senior Assistant 100 10300-34800+4400 (Head office)
11. Senior Assistant (Field) 66 10300-34800+4400
12. Senior Assistant 14 10300-34800+4400 (Controller of Stores)
13. Accountant 1 10300-34800+4400 (Controller of Stores)
14. Law Officer 1 10300-34800+4200".
5. In the said rules, for Appendix 'B', the following Appendix shall be substituted, namely :-
326
"Appendix 'B' [ See rule 5 ]
Serial Designation Percentage for Method of appointment, No. of the Post appointment by- qualifications and experience for appointment by-
Promotion Direct Promotion Direct
Appoint Appointment
ment
1 2 3 4 5 6
1. Assistant Fifty Fifty Fifty per cent posts (a) Should possess Director/ percent percent by promotion shall a degree in any Assistant be filled as under:- discipline of
Controller (a) Twenty-one per Engineering or in of Stores/ cent from amongst any discipline of Store the Block Level Textile Technology
Inspection Extension Officers, or its equivalent Officer working under the from a recognized
and control of the university or
Functional Director, who are institution; Or
Manager graduates from a (b) Should posses a
recognized university diploma in any
or institution and discipline/branch of
who possess a Engineering or in any
diploma in any branch of Textile
discipline of Technology or its
Engineering from a equivalent from a
recognized university recognized university
or institution and or institution; and
have an experience should have an
of working as such experience of
for a minimum working in a
period of six years; Government
(b) twenty per cent department, from amongst the Public Sector
327
Senior Industrial Undertaking or in Promotion Officers, any registered working under the industry after control of the obtaining the Director, who are requisite diploma, graduates from a for a minimum recognized university period of five or institution and years; who possess a Or
diploma in any (c) Should possess a discipline of degree of Master Engineering from a of Business recognized university Administration or or institution and Post Graduate have an experience Degree in second of working as such division in for a minimum Economics or
period of six years; Mathematics or and Chemistry or
(c) nine per cent Agriculture or from amongst the Physics or Superintendents Commerce or Grade-II, working Statistics or its in the Head Office equivalent from a of the Director, and recognized the Superintendents university or Grade-II, working institution. in the field offices
of the Director, who
are graduates from
a recognized
university or
institution and have
an experience of
working as such for
328
a minimum period of three years. Note:- The posts from Superintendent Grade-II, working in the Head Office of the Director and Superintendents Grade-II working in the field offices shall be filled in the ratio of 33:66,
respectively.
2. Superint- Hundred - From amongst the - endent percent Senior Assistants Grade-II working under the
(Head control of the
Office) Director, who have
an experience of
working as such for
a minimum period
of six years.
3. Superinten- Hundred - From amongst the - dent percent Senior Assistants, Grade-II working in the field
(Controller office of the
of Stores) Controller of Stores under the control of
the Director, who
have an experience
of working as such
for a minimum
period of six years.
329
4. Superinte- Hundred - From amongst the - ndent percent Senior Assistants, Grade-II working in the field (District offices of the
Industries District Industries Centres) Centres under the
control of the
Director, who have
an experience of
working as such for
a minimum period
of six years.
5. Naib Hundred - From amongst the - Tehsildar percent Kanungo, working under the control of
the Director, who
have an experience
of working as such
for a minimum
period of five years.
6. Personal Hundred - From amongst the - Assistant percent Junior Scale Stenographers,
working under the
control of the
Director, who have
an experience of
working as such for
a minimum period
of six years.
7. Assistant - Hundred - (a) Should possess a Manager percent degree in Bachelor of (Information Engineering /Bachelor Technology) of Technology in
330
Information Technology/ Electronics and Communication/ Computer Science; and Masters of Business Administration from a recognized university or institution with atleast fifty percent marks in aggregate in each case.
OR
Should possess a Master's degree in Computer
Applications and Masters of Business Administration from a recognized university or
institution with atleast fifty percent marks in aggregate in each case; and
(b) should have an experience of atleast two years in the field of Information and Communication Technology.
8. Information - Hundred - (a) Should possess a Techonology percent degree in Bachelor Assistant of Engineering or
Bachelor of Techn-
ology in Inform-
ation Technology/
Electronics and
331
Communication/ Computer Science from a recognized university or insti- tution with atleast fifty percent marks in aggregate.
OR
should possess a Master's degree in Computer Applica- tions from a reco- gnized university or institution with atle- ast fifty percent marks in aggregate; and
(b) Should have an experience of atleast two years in the field of Infor- mation and Comm- unication Techno- logy.
9. Legal - Hundred - (a) Should be a Law Assistant percent Graduate from a (Head recognized
office) university or
institution; and
(b) should have practiced at the Bar for a minimum
period of three years.
332
10. Senior Hundred - From amongst - Assistant percent the Clerks and (Head Stenographers,
Office) working under the control of the
Director, who have
an experience of
working as such for
a minimum period
of four years.
11. Senior Hundred - From amongst - Assistant percent the Clerks and (Field) Stenogrphers,
working in the field
offices of the
District Industries
Centres under the
control of the
Director, who have
an experience of
working as such for
a minimum period
of four years.
12. Senior Hundred - From amongst - Assistant percent the Clerks and (Controller Stenographers, of Stores) working in field office of the
Controller of Stores
under the control
of the Director,
who have an
experience of
working as such
for a minimum
period of four
years.
333
13. Accoutant Hundred - From amongst - (Controller percent the Clerks and of Stores) Stenographers,
working in field
office of the
Controller of Stores
under the control
of the Director,
who have an
experience of
working as such for
a minimum period
of four years.
14. Law - Hundred - (a) Should be a Law Officer percent Graduate from a recognized
university or
institution; and
(b) Should have practiced at the Bar for a minimum
period of five years.".
SIBIN C,
Secretary to Government of Punjab, Department of Industries and Commerce. 2257/3-2020/Pb. Govt. Press, S.A.S. Nagar
334