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Disposal of various types of government land under the control of Revenue Department

20/2/1984

To

All the Deputy Commissioners

in the State.

Memo.No.14/26/81-LR-III/1716

Chandigarh, dated 20.2.1984

Sub: Disposal of various types of Government land under the control of revenue Department.

1. The President of India is pleased to convey the following decisions for the disposal of under mentioned types of Government lands under the administrative control of revenue Department in State.

Removal of ban imposed on the sale/allotment of nazool land and inferior evacuee land: -

(2) The State Government imposed a ban of the sale/allotment of Nazool and inferior evacuee land vide its Memo. No.4064-R-III-73 dated 8th August, 1973 which was later on modified vide this Department Memo. No.1156-R-III-74/7343, dated 22nd March, 1974 restricting the ban on these lands within the municipal limits and up to two miles beyond these limits. The directions about the ban as contended in this Department Memo.No.1156-R-III/74/7343, dated 22nd March, 1974 were later on notified vide this Department's Notification No. 14/3/81-LR-IW6406, dated 7th April, 1981. This ban on the sale/allotment of Nazool and inferior evacuee lands is hereby withdrawn with immediate effect.

Inferior evacuee land purchased from central government:

(3) The inferior evacuee land which was purchased by the State government from Central Government, Ministry of Rehabilitation in 1960 and which is situated within the municipal limits and up to two miles beyond the municipal limits is taken out of the purview of the Government instructions relating to the disposal of inferior evacuee land in the State as contained in this Department's Memo. No.7841(IV)-61/2699, dated 29the August, 1961, No.3/7/78-LR-1/14529, dated 10 July, 1979 and Memo. No.3/7/78-LR-I/ (Vol.-l)/7899, dated 5th June, 1981.

(4) Thus, inferior evacuee land situated within the municipal limits and up to two miles beyond the municipal limits should be disposed of in the following manner:­

(a) In the first instance, this land should be retained with Revenue Department if it is required for any of its schemes. If it is not required by the Revenue Department, then it should be transferred to that Department for whose scheme/project, it is suitable and is immediately required.

(b) If this land is not required for any scheme/project of any Government Department, than it should be transferred to the Municipal Committee/ Municipal Corporation, Improvement Trust of Public Sector Undertaking, if they pay the current market price of this land.

(c) If this land is not required by any Government Department, Municipal Committee/Municipal Corporation, Improvement Trust or a Public Sector Undertaking it shall be disposed of through open auction after fixing the current market price as reserve price, according to the procedure, which will be conveyed separately.

Evacuee agricultural land situated within 5 miles of the Indo­ Pak border

5. This land is situated only in three Districts of Ferozepur, Amritsar and Gurdaspur. Such evacuee agricultural land which has not so far been disposed of according to the policy laid down by this Department in its Memo. No.3355-JN(IV)-62/2330, dated 11th May, 1962 shall be disposed of through open auction restricted to the Scheduled Castes, Rai Sikhs, Ex-Servicemen, small land owners and sitting tenants, according to the procedure which will be conveyed to you separately.

Nazool land situated beyond 2 miles of MC limits :

(6) The Nazool (escheated) land situated within the municipal limits is not covered under the purview of rule 2(d) (i) or the Nazool Land Transfer Rules, 1956 and is thus not allot able to the Scheduled Castes. The Nazool (escheated) land situated up to 2 miles, beyond the municipal limits is now excluded from the purview of rule 2 (d) (i) of the Nazool Land Transfer Rules, 1956, Thus, this land falling within the belt of 2 miles outside the municipal limits should also be treated at par with the Nazool (escheated) land situated within the municipal limits, Necessary amendment to the existing provision of rule 2 (d) (i) of the Nazool Land Transfer Rules, 1956, is being issued separately,

Nazool agricultural land in rural areas

(7) At present, according to rule 3 of the Nazool Land Transfer Rules, 1956, the agricultural land is allotted either to the Scheduled Castes Cooperative Societies which were formed by the 16th May, 1964 or the Scheduled Castes individuals, such agricultural Nazool (esheated) land which has not been allotted and for which no eligible persons are available for allotment under the Nazool Land Transfer Rules 1956". Should be sold in restricted auction according to the procedure, which will be conveyed to you separately, amongst the Scheduled Castes who are dependent on agriculture and do -not own more than 10 acres of land. A member of the Scheduled Castes who owns less than 10 acres of land will be allowed to bid only to the extent that the land for which the bid is given together with the land owned by him, does not exceed 10 acres. Necessary amendment to rule 3 of the Nazool Land Transfer Rules, is being issued separately.

Nazool land falling within the municipal limits and up to two miles beyond the municipal limits

(8) As stated above, the Nazool (escheated) land falling within municipal limits is already excluded from the purview of the all and Transfer Rules, 1956 under rule 2 (d) (i). The Nazool land situated in the areas up to two miles beyond the municipal limits has also now been excluded from the purview of Nazool Land transfer Rules, 1956. This land should be disposed of in the following manner:­

(a) In the first instance, this land should be retained by the Revenue Department, if it is required for its own schemes/projects. If it is not needed by the Revenue Department, then this land should be transferred to that Department for whose scheme/project it is suitable and is immediately required.

(b) If this land is not require for nay Government Deptt. than it should be transferred to the Municipal Committee/Corporation, or Improvement Trust or a Public Sector Undertaking, if they pay the current market price of this land.

(c) If this land is not disposed of in the above manner stated at (a) and (b) above, it shall be disposed of through open auction after fixing the current market price as reserve price according to the procedure which will be conveyed to you separately.

Provincial Govt. Land situated in urban areas (within municipal limits & up to two miles beyond these limits)

(9) The Provincial Government land situated in urban areas within the municipal limits and up to two miles beyond these limits shall be disposed of in the same manner as has been laid down above in paragraph 8 for the disposal of Nazool and situated within the municipal limits and up to two miles beyond limits and up to two miles beyond these limits.

Provincial Govt. Land situated in Rural Area beyond two miles from the limits of Municipal areas:

(10) The Provincial Government land situated in rural areas beyond two miles, from the limits of municipal areas should be disposed of in the following manner :­

(a) In the first instance this land should be transferred to the Forest or Horticulture Deptt. if it suits their schemes/projects. This land which has been identified as suitable for the Forest and Horticulture Department. may be transferred to these Department within a period of six months.

(b) If the land is not accepted by the Forest or Horticulture Department, then the Deputy Commissioner should also identity the area which can immediately be transferred to the gallantry awards winners in the next six months. At present, the winners or Vir Chakras are given a grant of 5 acres of land or Cash award of Rs.25000/- in lieu thereof land of Mahavir Chakras 10 acres of land or Rs.50000/- cash award in ---The pieces of 5 acres and 10 acres of land to be allotted should be situated in the rural areas and not in the urban or sub urban areas.

(c) The remaining land whether under lease or lying uncultivated should be disposed of through open auction, its reserve price being fixed at the current market price, according to the procedure which will be conveyed to you separately.

Constitution of a Committee

(11) Before the land in urban or sub urban areas (within the municipal limits and as up to two miles beyond the municipal limits) is sold by open auction in accordance with the above scheme, whether the land is inferior evacuee land, nazool land and or provincial Govt. land. It needs to be carefully examined whether the land is required by any Government Department, Municipal Committee, Municipal Corporation or Improvement Trust or a Public Sector Under taking for any public purposes immediately or in the near future. This will ensure that land vesting in Govt. at present, which may be required for providing essential civic amenities or public services is not disposed of only for raising additional resources which may create problems for the healthy development of the towns in future. In order to ensure that Govt. land is disposed of with proper care, the following Committee in each district under the Chairmanship of the Deputy Commissioner and comprising the representatives of the following Departments/Municipal Committee/Corporation/ Improvement Trust is constituted to determine whether any particular piece of land is required for the purpose of any Government Department or for providing essential civic amenities. Only the land which according to this Committee is not required for any such purposes and is not likely to be so required in the near future, may be disposed of in public auction:­

1.         Deputy Commissioner                        Chairman

District Level Representatives of

2.         Deptt. of Town Planning                   Member          

3.         PWD B&R                                               -do-           

4.         Industries                                                 -do-

5.Principal Executive Officer of Municipal                -do-

Committee/ Corporation                  

6.         Chairman/ Administrator of Improvement Trust      -do-

The Principal Executive Officers of various Municipal Committee/Municipal Corporations/ Improvement Trust shall be associated for consideration of the proposals in respect of the towns for which they are constituted.

(12) As regards the transfer of Provincial Government land in the rural areas to the Departments of Forest and Horticulture as provided in para 10 (a) above, the matter will be referred by the Deputy Commissioner to Government in the Revenue Department after consultation with the Local officer of the Department concerned.

Procedure for transfer of land to the forest horticulture department, municipal committees, etc.

(13) In case, the land is to be transferred from the Revenue Department to any other Department, a self contained proposal in each case should be submitted to the financial Commissioner, Revenue, or his orders under the Provision of S.O No. 28"ifin any case. It is decided that the land is to be transferred to a Municipal Committee/Municipal Corporation/ Improvement Trust/Public Sector Undertaking on market price than also a self contained proposal should be sent to the Commissioner for orders if the value falls within his competence under the provisions of Punjab/Financial Rules, Vol.1 part no.1, otherwise to the Government in the revenue Department.

Land acquired by govt. for public purposes by various department and thereafter surrendered:

(14) The instructions for disposal of such lands are contained in financial Commissioners standing order No.28. Such lands may please continue to be disposed of in accordance with these instructions.

(15) As stated above, the detailed procedure for sale of land through open auction, fixation of reserve price, publication of notices, approval of sale, etc., will be conveyed to you separately. It is requested that you may please initiate action immediately to implement the above Government policy about the transfer/disposal of various types of Government lands udder the control of Revenue Department in your district. These instructions may please be brought to the notice of all concerned for strict compliance. The spare copies of these instructions for Sub-Divisional Officers (Civil) and Tehsildars are enclosed for expeditious action in the matter

(16) Please acknowledge its receipt

(SS Randhawa)

Under Secretary Revenue,

for Financial Commissioner, Revenue and

Secretary to Government, Punjab

Revenue & Rehabilitation 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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