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Disposal of surplus rural evacuee agricultural land by auction.

11/2/1975

Punjab Government Department of Rehabilitation

To

1. All the Tehsildars (Sales) in the State.

2. The Naib Tehsildars (Sale) Sangrur & Patiala

No. 2(505)G-5(2411)-21/dated, Jullundur, 1lth Feb. 1975.

Sub: Disposal of surplus rural evacuee agricultural land in the state by auction.

Memorandum

In continuation. of this Department memo. No 2(505)/G-5/20075-20085, dated September 4, 1974, vide which detailed instructions for transfer of surplus rural evacuee agricultural land on the basis of possession from 'Rabi' 1972 were issued, the following instructions for the disposal of the remaining surplus land evacuee agricultural land are issued for your guidance and meticulous compliance. The policy decision in this behalf ,has already been conveyed to you vide Press Note dated September 4, 1974, copy endorsed under No. 2(505)/G-5/20033-43, of the same date.

(1) Sale of land by restricted auction

(a) The land, which is not transferred to the Scheduled Castes, Rai Sikh, Landless Agriculturists and Agricultural Worker occupants on basis of possession from Rabi 1972 as also the available 'Banjar' & Ghair mumkin lands, excluding the land:

(i) falling under the excepted categories ( save smaller bits upto 2 acres, which have no access); and

(ii) required for :

(a) allotment to unsatisfied claimants ;

(b) for any public purpose; and

(c) for allotment to permanently disabled soldiers, widows, parents, children of the soldiers killed in the Chinese aggression of 1962 and Pakistani aggression of 1965; shall be disposed of by auction restricted to landless members of the Scheduled Castes. who have no other means of livelihood and who are tenants, Sepis,Sanjhis or agricultural, labourers depending upon agriculture for their livelihood and who know plough well.

Note: A landless here means in the literal sense of the word, meaning thereby that he shall not be owing any agricultural land, anywhere

(b) Only a head of the family will be eligible to take part in the auction and purchase land upto 10 ordinary acres and such head of a family should be totally landless, should have no other means of livelihood and depends upon agriculture alone, is a tenants or Sepi, or Sanjhi or agricultural labourers and knows ploughing well.

( c) (i) The auction shall be confined to the eligible heads of families of the Scheduled Castes, as defined in Sub (b) above residing in the village where land programmed for sale is situated and those who are not residing in the said village, shall not be permitted to take part in the auction except if after the proceedings of the restricted sale as above more land is available for sale in the village, then such persons can be permitted to take part in the auction of remaining land, provided they belong to the same Patwar Circle, in which the village, where the land offered for sale, falls.

A latest list of the Castes, which have been notified as Scheduled Castes is enclosed for guidance.

(ii) 1f after "first round" of the sale, as laid down in sub-para (I) above, the land is still available, then eligible heads of the Scheduled Castes families residing in the for the Kanungo Circle concerned, shall be permitted to purchase the land in a "Second round" of the restricted auction.

(d) To facilitate quick disposal of the land, there shall be two rounds of auction.

(i) In the first round, surplus rural evacuee agricultural land available in the all villages falling in a Patwar Circle, shall be programmed for sale and 'Mustri Munadi" (Proclamation of the sale) shall be in all the said villages in accordance with the procedure laid down hereinafter. The sale shall be held at spot, which is centrally located is the Patwar Circle or at a public place in the village in which maximum area programmed for sale is situated.

The sale of the land shall be made village-wise in order of Had Bast Number, meaning thereby that the land available in a village which comes first as result of its Had Bast Number, shall be taken up first of all, followed by the next village and so on.

Before auctioning the land, programmed for sale in each village, the auctioning Officer shall make it clear to the intending purchasers that only the eligible residents of that particular village could take part in the auction, and that the residents of the other villages of the Patwar Circle shall not be permitted to participate in it. After the auction of the land in that particular village is over, the auctioning Officer shall take-up the sale of the land in next village, in which the eligible residents of the said villages only shall be permitted to participate. This procedure shall be followed in respect of the land offered for sale. In all the villages of the Patwar Circle concerned.

If, as a result of the village-wise sale, as provided above, any land in any village or villages is saved, then the Auctioning Officer shall be sell the same by auction in which eligible residents of the other villages shall also be permitted to bid. This sale shall also be held village-wise.

(ii) If any land in any village or villages is still saved after the completion of the first round of auction, then the second round of sale auction shall be held, in which the eligible residents of the villages falling in a Kanungo Circle, shall be permitted to participate. But this round of auction shall be held after the sale of land in the village falling in all the Patwar Circles, has been completed.

(e) Notice of the intended sale shall be given in all the villages of a Patwar Circles, atleast 15 early days before the proposed sale and every notice shall clearly state the date, time and the venue of the purposed sale, khasra wise details of the land proposed to be sold in each village of the Patwar Circle, in the order of Had Bast Number, the terms and conditions of the sale and any other particulars which are considered material. One copy of the notice shall be affixed at a conspicuous place, in each village where the land is situated and such a notice may be affixed at the Panchayat Ghar , Gurdwara, Mandir or a school. Mushtari Munadi with regard to the sale of the land of all the villages in a Patwar Circle, shall be got made by the Patwari of each village and a report to this affect entered in the Roznamcha Waqiati.

Explanation: Mushtri Manadi in a village has not to be confined to the land programmed for sale in that particular village, but also of the land advertised for sale in other villages of the Patwar Circle, as well. Similarly in the case of the second round of auction in which the land saved after the completion of the first round of auction, has to be disposed of the Mustari Monadi shall be made in each village of the Caning Circle concerned, giving detailed of the area programmed for sale Village wise of all the Patwar Circle, following in the Kanungo Circle concerned.

  1. No sale shall take place until after the expiry of 15 early days from the date of publication of the notice. .
  1. Every sale of land shall be "subject to reserve price fixed in respect thereof but such reserve price shall not be disclosed. The Officer conducting the auction, may, if the situation demands with hold sale of any property by recording his reasons there for, which may not be disclosed to the public.
  1. The Officer conducting the sale, if the situation so demands, adjourn the sale to a specific date and hour after recording reasons therefore in writing and may make and announcement to that affect at the time of adjournment of the sale, provided that where a sale is adjourned for a period of exceeding 15 days, a fresh notice shall be published.

(i) A successful Scheduled Castes auction purchaser shall be liable to pay 5% of the bid money at the fall of the hammer and the balance amount in 19 half -yearly interest free, equal instalments.

(j) A successful Scheduled Castes auction purchaser shall not be eligible to lease, transfer sell mortgage with possession or part with the land, so purchased, in any manner, in favour of a person, who is not a member of the Scheduled Castes, for a period of 20 years. However, the land may be pledged in a favour of a Government or Semi-Govemment Corporations or Co-operative financing institutions for securing loan for effecting improvements or the said land. As a safeguard against alienation of the land thus purchased, lumpsum price of the land shall not be accepted from any purchaser.

(k) A auction purchaser shall cultivate the land himself or through any members of the Scheduled Castes.

(l) No minor {i.e. a member below the age of 18) or anyone on his behalf shall be pemitted to participate in the auction.

(m) No Government servant or his dependent shall be eligible to purchase the land in restricted auction. The Scheduled Castes, MP , or MLAs shall however, be eligible to purchase the land, provided they fulfill other conditions.

(n) No one shall be permitted to bid on behalf of anyone else, meaning thereby that a bidder shall himself be present at the time of auction. In other words, bidding by proxy shall not be permitted.

(o) No person shall be permitted to purchase land 'Be-Nami'.

(2) An intending bidder in the restricted auction, shall produce the following, documents at the time of auction.

(i) Scheduled Castes certificate from either of the authorities viz. District Magistrate, Sub Divisional Magistrate, MLA MP , Chairman of the Zila Parishad or Panchayati Samiti or a BDPO.

(ii) A certificate from the Lambardar or Sarpanch of the village or Chairman of the Block Samiti or Zila Parishad that he is landless, has no other means of livelihood except agriculture is a tenants, or a Sepi or a Sanjhi or an agricultural worker and depends upon agriculture, for his livelihood and also knows ploughing well.

(3) A Scheduled Castes MP or MLA eligible to purchase the land in accordance with the terms and conditions laid down above shall not be required to produce the aforesaid certificates. A statement to this effect by him or oath before the Auctioning Officer shall suffice.

(4) If any of the documents by a successful auction purchaser or the statement made by him or oath is found to be false subsequently, then only the sale made in his favour shall be liable to be cancelled and the amount, if any paid by him forfeited, but also he may be prosecuted. In the proclamation of the sale, it shall be made clear that the intending purchasers should see, in advance, the land programmed for sale and for the purpose, special instructions should be issued to the Patwaris of the villages concerned.

(5) As heretofore, the presence of Sarpanch, members of Gram Panchayat, Lambardars and other prominent persons of each village, also the approximate number of persons attending the sale, shall be recorded village-wise before conducting a sale.

(6) Before a conducting a sale, "Lots" of land shall be found by the Auctioning Officer, after consulting 'Shajra Parcha' and keeping in view the contiguity of land, as far as possible.

(7) The land which was unirrigated, but has become irrigated as a result of the provision of sources of irrigation by the occupants, if any, at their expense shall not be treated as irrigated. If however, some irrigational facilities have been provided at Govt. expense, and the land is commanded by the same, then it shall be treated as irrigated. In the former case, the kind of soil as it obtained immediately before the provision of irrigational facilities by the occupants shall be taken for determination of the reserve price. In the latter case, the kind of soil as entered in the latest Khasra Girdawari be taken.

(8) While forming lots, special attention be paid to position of existing paths, water sources etc. It is not intended that an auctioning officer, shall provide a path to a particular lot, situate away from the path already provided during consolidation.

(9) In the case of the 'Chahi' lands, the share thereof in the evacuee well shall be mentioned on the 'Fard Lot' to be prepared in each case.

(10) The highest bid in respect of which an initial deposit has been made shall be subject to the approval of the Settlement Officer provided that no bid shall be accepted after the expiry of 15 days from the date of the auction. The Settlement Officer shall ordinarily be bound to accept the highest bid or other bid, if above reserve price, and in case he feels that a bid should not be accepted, he may do so by recording his reasons therefor. Every bidder shall be bound by his bid and shall, in the even of resiling therefrom be liable to

forfeit the deposit defect of his earnest money.

(11) Any person aggrieved by the sale, may file an objection against the same to the Settlement Officer concerned but no such objection shall be entertained by the latter after the expiry of 15 days of the sale.

Sale of land falling under the excepted categories

(12) The land falling under the following excepted categories, shall be disposed of in, open auction, as heretofore, for which the procedure and terms and conditions" already laid down shall be followed :­

(i) Area retrieved by the Directory Organization on account of fraud or excess allotment.

(ii) Potential areas suitable for abadi/commercial purposes.

(iii) Area of small bits upto 2 acres, but such small bits having independent access shall be sold in restricted auction.

(iv) Area already sold in open auction" but subsequently sales rejected.

Sd/­

(SR Bunger) IAS

Deputy Secretary to Govt. Punjab

Rehabilitation Department" Jullundur

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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