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Disposal of inferior evacuee land-Policy reg.

24/12/1993

Government of Punjab Department of Revenue (Land Revenue Branch)

To

All the Deputy Commissioners in the Punjab State

Memo No. 3/1/84-LR-III/8834

Chandigarh dated 24/12/1993.

Sub: Disposal of inferior evacuee land – Policy regarding – (Kharif 1989).

1. To facilitate disposal of inferior evacuee lands which have remained un-transferred under the policy guidelines issued vide Memo No. 14/26/81-LR-III/1716, dated 20/2/1984 and Memo No. 3/1/84-LR-I/10920, dated 17/6/1988 the State Government have reviewed the position and taken the following decisions:

45 Days time to 1961 lessees:

(i) The lessees of inferior evacuee land who have obtained the lease of the land under the policy laid down in Memo No. 7841-JN-(IV)-61/2699, dated 29/8/1961 and who have hither to not purchased the same be given another opportunity for purchasing the land in accordance with the terms and conditions laid down in the aforesaid policy within 45 days of fresh notices to be issued by Collectors concerned.

Transfer of inferior Agricultural Evacuee Land on the basis of possession to occupants.

(ii) The unauthorized occupants of inferior evacuee land, which was not leased out to them under the policy laid down in Memorandum dated 29/8/1961 during 1961, may be transferred that land subject to the limit of 10 ordinary acres per occupant, including the land, if any, already owned by the occupant, provided the cultivating possession is continuous from Kharif 1989. The occupant who is head of his family and is self-tiller would be eligible for the transfer of land on the basis of his possession.

Explanation

Head of Family

A 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. The legal heirs of an occupant who died before after making an application by the prescribed date or such woman whose husband is alive but is disabled or incapacitated, shall also be allowed to get the land transferred on the basis of possession. A widow, who is occupant & is getting the land cultivated by her son(s) or by employing servant(s) or otherwise shall be eligible for transfer of such land. Where inferior evacuee land is cultivated jointly by more than one person, maximum area to the extent of 10 acres shall be transferred to all occupants in equal proportion of shares provided they had applied in time and fulfilled all other conditions. However, an occupant who has already purchased inferior evacuee land on the basis of possession or in a restricted auction & has disposed of the same or has ceased to be entitled to hold the land by reasons of default in the terms and conditions of the transfer of sale, shall not be entitled to the transfer of inferior evacuee land in their possession. The ceiling shall be reduced to 3 acres in the case of land situated beyond 2 miles but within 5 miles of the existing municipal limits.

Cultivating Possession:

The cultivating possession of an occupant shall be determined strictly on the basis of entries appearing in Khasra Girdawari. Doubtful and tampered Khasra Girdawari entries shall be ignored. Similarly, corrections of Khasra Girdawari secured on the basis of application filed after the issue of this policy shall not be taken into consideration.

Reserve Price – Rabi 1984 Policy

(iii) The reserve price fixed for the purpose of transfer of inferior evacuee land on the basis of possession from Rabi 1984 may be reduced from Rs. 20,000/- and Rs. 10,000/- for Chahi/Nehri and Barani land to Rs. 6,600/-and Rs. 3,300/- per acre respectively, in respect of the land falling between Bunds of either sides of rivers Sutlej, Beas and Ravi and situated within the border belt of 8 kms all along the International Border. Similarly, for the land which does not fall in the above said category, the price may also be reduced to Rs. 12,000/- and Rs. 6,000/- per acre for Chahi/Nehri and Barani land, respectively. From the members of Scheduled Castes, the price of the land to be transferred on the basis of possession from Rabi, 1984, may be recovered at 50% of the above reduced rates. The occupants may be given another opportunity to file applications who could not apply for the same earlier for the transfer of inferior evacuee land on the basis of possession from Rabi 1984.

The authorized occupants of inferior evacuee land who are in continuous and cultivating possession since Rabi 1984 and who could not file applications earlier under the extant policy may be given another opportunity to file application within three months from the date of issue of new policy. The unauthorized occupants who have already paid excess amount under the extant policy i.e. @ Rs. 20,000/- per acre, for Chahi/Nehri land and land irrigated by Government of Private tubewells and @ Rs. 10,000/- per acre, for Barani land, the price may be worked out at the reduced rates now proposed and adjusted in subsequent instalments to be paid by the transferees. This decision may take effect retrospectively as was decided in respect of transfer of evacuee land to occupants on the basis of their possession from Rabi 1984.

Reserve Price – Kharif 1989 Policy

(iv) Inferior evacuee land may also be transferred to its occupants, who are continuous cultivating possession since Kharif 1989, on payment of the price of the land @ Rs. 20,000/- per acre, for Chahi/Nehri land or the land irrigated by Government or Private tubewells, and @ Rs. 15,000/- per acre, for other type of land i.e. Barani upto a maximum limit of 5 ordinary acres of land in case it is situated beyond 5 miles of the municipal limits and upto maximum limit of 3 ordinary acres in a case it is situated beyond 2 miles of the limits of Municipal Committee or Corporation, as the case may be inclusive of occupants own holding, if any, other conditions applicable for the unauthorized occupants who are entitled to the transfer of land on the basis of possession since Rabi 1984 would remain the same excepting that under this scheme none of the transferees shall be entitled to lease, transfer, sell, mortgage with possession or otherwise alienate or part with the land wholly or partially so purchased by him by transfer on the basis of his possession from Kharif 1989, in any manner, for a period of 20 years; provided that the land may be pledged in favour of Government/Semi Government institutions or Banks for securing loans for effecting improvements on the above said land.

Disposal of Banjor/Ghair Mumkin Land through auction

(v) The inferior evacuee Banjar/Ghair Mumkin land may be sold in auction, 50 % in open acution to all, 40 % in restricted auction amongst members of Scheduled Castes and 10 % in restricted the members of Backward Classes at a price not below reserve price of the land to be fixed by a District Level Committee headed by Deputy Commissioner of the District concerned, or in his absence, Additional Deputy Commissioner concerned, other members of the Committee would be the Sub Divisional Officer (Civil) and the District Agricultural Officer. The reserve price so fixed by the Committee would be further subject to approval of the Divisional Commissioner. In the case of land purchased in restricted auction, the purchaser shall not be entitled to leave, transfer, mortgage with possession or otherwise alienate or part with the land wholly or partially in any manner in favour of a person who is not a member of Scheduled Castes or Backward Classes for a period of 20 years provided that the land may be pledged in favour of the Government/Semi Government, Corporation or Banks for securing loans for effective improvement on the above said land. No Government employee or his close relative would be entitled, either directly or indirectly to bid for or otherwise acquire or attempt to acquire any interest in such property except with the prior permission of the Deputy Commissioner concerned.

Damages for unauthorised occupation:

(vi) The rate of rents and damages chargeable from the unauthorized occupants for use and occupation of inferior evacuee land under the extant policy may be further enhanced and charged @ Rs. 250/- per acre, per harvest instead of charging at the existing rate or 20 times the land revenue or Rs. 40/- per acre, per harvest. However, from the members of Scheduled Castes and Rai Sikhs rent @ 50% of the above enhanced rates may be assessed and recovered instead of the existing rate of 8 times the land revenue.

The price of standing trees in the land to be transferred should be assessed by the Tehsildar in consolation with the village Panchayat and amount so assessed recovered at the time of transfer, along with the first installment.

Disposal of Urban/Sub-Urban Land

(vii) The land situated in sub urban/urban area will be disposed of through public auction. Sub urban area will mean, in the case of Class A Municipal Corporation Land situated within a distance of 3.2 kms from the municipal limit. For Class B Municipal Committee it will mean land situated within a distance of 1.6 kms and for Class C Municipal Committee/Notified Area Committee at a distance of 0.8 kms from the Municipal/Notified Area Committee limits.

Remaining Land – Through Restricted Auction:

(viii) The unauthorized occupants shall be asked to submit their applications to the respective Tehsildars within three (3) months of the announcement of the revised policy. Any area under the unauthorized occupation, which the occupants are not prepared to get transferred in their favour under these terms and conditions, should be got vacated and disposed of through auction restricted to Scheduled Castes, in accordance with the existing policy instructions, subject to the above mentioned minimum prices.

The unauthorized occupants shall apply to the concerned Tehsildar for transfer of inferior evacuee land. On receipt of an application, official receiving the application will give on the top of the application, its receipt number and the date on which its was received and the same shall be initiated by the Tehsildar concerned and a receipt on the bottom of the application issued to the applicant. The Tehsildar shall record a certificate at the end, indicating the total number of applications received within time.

Register in Tehsil:

(ix) A register should be maintained at the Tehsil level indicating therein the total number of applications received, disposed of and the area transferred etc. & progress report duly consolidated in respect of entire District, sent in the prescribed form at Annexure-I monthly by Ist of each month.

Fresh Policy:

(x) Inferior evacuee land available in the respective districts shall be disposed of in accordance with the new policy within a period of six months. After the expiry of six months, all the Deputy Commissioners shall be required to submit a report indicating the details of land, which remains un-transferred in their respective districts. Fresh policy directions shall be issued for the disposal of this un-transferred land after the receipt of reports from the districts in the State.

2. You are requested to give widest publicity about the above decisions of the government in the newspapers and at conspicuous places in the villages or abadis where these lands are situated and take steps to expedite disposal of inferior evacuee land in the State accordance with the above policy decisions. Monthly progress reports should be sent regarding the progress achieved in this behalf in the performa attached to this communication.

Under Secretary to Govt Punjab

Revenue department

Hon'ble Revenue Minister

Hon'ble Minister-In-Charge
Shri. Gurpreet Singh Kangar

 


 

Special Chief Secretary, Department of Revenue, Rehabilitation and Disaster Mangement
Shri. Karan Bir Singh Sidhu, IAS

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