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INSTRUCTIONS FOR DISPOSAL OF GOVERNMENT LANDS

Punjab Government     Department of Rehabilitation

To

1. All the Deputy Commissioners in the State.

2. The land Claims Officer, Jullundur.

No. RI(126)12894-912 Reh(R), dated Jullundur, the 21st April, 1961.

--­

Subject: Allotment of superior grade land to the inferior grade claimants.

Memorandum

1. It has come to notice that in Punjab and in the districts of erstwhile Pepsu, allotments of rural evacuee agricultural lands had been irrespective of the grade, thereby accommodating inferior grade claimants in substantially superior grade villages. A question has arisen whether such erroneous allotments made in disregard of the Scheme of Grading should be reviewed at this stage or not.

2. It is presumed that some allottees might have made appreciable improvements in such lands and, keeping in view their long possession and consequent hardship likely to be caused to them if their allotments are disturbed, it has been decided by the Government that all rural allotments made in the past in disregard of the Scheme of Grading should not be opened at this late stage. However, cases in which the allotments of inferior grade claimants in superior grade villages have been contested or have come to the notice of the department and action on them is pending, will not come under the category. Such allotments shall be regularized by changing additional premium from the allottees in the manner indicated below, if they are desirous to keep such allotments, otherwise their allotments should be cancelled and they may be given alternative allotments in their appropriate grades.

3. It has also been decided that in future, if any inferior grade claimant is keen to get allotment in 'A' grade village, he should be accommodated after charging him the following premium and provided there is no better grade claimant for that particular area:­

(i) II grade claimant ..20 per cent

(ii) III grade claimant ..30 per cent

(iii) IV grade claimant ..50 per cent

4. According to the principles enumerated in the Land Resettlement Manual, a III (third) grade claimant can be fitted in all (2nd) grade village and, similarly, a IV (forth) grade claimant can be accommodated in a Ill (third) grade village, if there is no better claimant for such areas, without imposition of any additional premium. This rule should be followed even now.

5. In case a IV grade claimant wants land in a 2nd grade village and there is no better grade claimant for that land allotment may be made to him on imposition of 40 per cent premium. Similarly, when an inferior grade claimant asks for allotment in a suburban village having no additional premium, he shall have to pay the necessary premium according to the above scale in order to bring his claim at par with a first grade claimant and no further premium should be charged from him

Six spare copies of this letter are sent herewith for communication to the Tehsildars in your district/staff working under you.

RSPHOOLKA

Rehabilitation Department.

29/8/1961

From

Shri OG Adya

Under Secretary to Government Punjab

Revenue Department.

To

All the Deputy Commissioner in Punjab State

(Except Simla)

Memo No. 841-JN(IV)-61/3699 Chandigarh dated 29 August 1961.

Subject: Disposal of inferior land purchased by the Punjab Government from the Central Ministry of Rehabilitation.

Reference: Correspondence resting with Punjab Government No. 5423-JN(IV)6147-64, dated 16th June 1961.

The Governor of Punjab is pleased to make following orders in this connection.

(1) Land within 10 miles of border Rai Sikhs: The inferior evacuee land of villages within 10 miles of the Indo Pakistan Border will be utilized for the purposes of allotment to those who have to be given land under the “Indo-Pakistan Border Agreement”. If any land remains after the resettlement of the Indian Oustees, it may be utilized by resettling the Rai Sikhs of Ferozepur District and suitable persons of border areas Gurdaspur, Ferozepur and Amritsar districts and ex-servicemen.

(2) A colony for ex-servicemen may be established if land about 1000 acres at two places is found.

(3) A colony for graduates in Agriculture on a Cooperative basis may be established in Karnal District where about 500 acre of land is available.

(4) Lease to SC/BC/Landless/Ex-servicemen: 50 % of the remaining land will be allotted to Harijans of the villages and the rest to other less persons and the members of the Backward Classes and Indian Christians of the villages and ex-servicemen on the following terms :

If there are more claimants than the land available the names of the claimants be drawn by lottery in the presence of an advisory Committee to be framed by the Deputy Commissioner and selection will be made accordingly :

(a) The land will be leased by the Deputy Commissioner at the rate of 12.5 acres per family for 10 years in the first instance.

(b) The lessee will not be required to pay any lease money, land revenue for other cases in the first five years, but the lease money for the Banjar Land will, however, be recovered at the rate of rupees one per acre per year. If canal irrigation has been extended than Abiana will be leviable. After the expiry of that period, the lessee will be course, be required to pay the land revenue and other cases.

(c) After the period of five years the lessee shall have the option to purchase the land at the rate of Rs. 40/- per acre of Banjar and Rs. 25/- per acre of Ghairmumkin land. The lease money recovered from him shall be deducted from the sale price and the net amount due shall be payable either in lump sum or in four equal annual instalments.

(d) If the lessee does not want to purchase the land he shall deliver vacant possession of the land leased to him and will not be entitled to any compensation for the improvements made thereon.

(e) The lessee shall bring under cultivation or proper use 1/4th of the land in the first three years of the lease and the remaining 3/4th of the land in the next two years.

(f) The cultivated area or the area put to proper use shall not be reduced to less than one half in any case after the fifth year.

(g) Any breach of conditions for the reasons beyond the control of the lessee can be condoned by the authority prescribed by the Government in this behalf.

(h) In case a lessee dies during the period of the lease, his successors will be given the land on the same conditions.

(i) For any particular area, any special condition or set of conditions can be prescribed by Government.

(j) In case of dispute between lessee and the Collector, regarding any condition of the lease or the rights of the government, the dispute shall be referred to the Commissioner of the Division for decision. An appeal against the order of the Commissioner by the allottee shall lie to the State Government, whose decision shall be final.

(For Deputy Commissioner, Karnal)

He will please send his proposal for establishment of an ex-servicemen colony and colony for graduates in Agriculture with an area of 1000 acres at two places and 500 acres respectively.

Sd/- OG Adya Under Secretary, Revenue – II

26/12/1961

Punjab Government

Department of Rehabilitation

To

The Land Claims Officer,

Displaced Persons Land Records,

Organization, Jullundur.

No RI(131)40088-912 Reh(R), dated Jullundur, the 26th Dec. 1961.

Sub: Allotment of rural land to urban claimants.

Memorandum

Reference this Department Memorandum No. RI/40773 dated the 27th September, 1960 and No. 162(2)RII/26631 dated the 17th August, 1961 on the subject cited above.

(2) Some displaced persons who owned urban agricultural land in West Pakistan and were erroneously allotted rural lands in Punjab, in lieu thereof have approached the Govt. of India to condone the delay in filling the Rehabilitation Grant Application in respect of the urban land were such erronsly allotments were cancelled by us. The Govt. of India have therefore reconsidered the position and it has been decided that in pending cases the rural allotment already made in lieu of the urban land should not be cancelled but regularized. If the claimant has not filed compensation application or Rehabilitation Grant Application in respect of the urban land the price of the rural land may be recovered from him in cash provided he volunteers to make payment as such. Where the allottee insists that the price of the rural land should be adjusted against the compensation due to him on his verified claim or Rehabilitation Grant Application, such adjustment should be allowed.

(3) Cases which have already been decided by the MO’s shall not be referred. The persons affected, who have not already got claims or Rehabilitation Grant Application verified for the urban agricultural land left in Pakistan, will be entitled to file Rehabilitation Grant Application now, to the Chief Settlement Commissioner, Govt. of India.

(4) These instructions may please be brought to the notice all concerned and should be strictly followed.

Sd/-

Deputy Secretary to Govt. Punjab,

Rehabilitation Department

11/5/1962

From

CD Malik PCS

Under Secretary to Government, Punjab

Revenue Department

To

The Deputy Commissioner

Ferozepur/ Amritsar/Gurdaspur

Memo No,3355-JN (IV)-62/2330 Chandigarh dated 11th May, 1962

Sub:- Disposal of evacuee agricultural lands situated within five miles of Indo-Pak Border Punjab Government Endst, No,2984-JN(N)-61/2666 dated 6th April 1961

1. Government have decided to dispose of the evacuee agricultural lands situated within 5 miles of Indo-Pak Border which were purchased by them in April, 1961 in the manner prescribed below. The details of this land have already been supplied to you with the endorsement referred to above.

2. Maximum land that can be leased out : The land should be leased out at the rate of 10 acres of Banjar land per family of Rai Sikhs and Ex-Servicemen in Ferozepur, Amritsar and Gurdaspur Districts. -who are landless but actual tillers of the soil. Small landowners owing less than 10 acres should be allotted so much area as to make their holding up to 10 acres. The claims of the sitting tenants (authorized or unauthorized) before Rabi 1964 who have made the land cultivable with their efforts, should also be considered and they should be given preference if found eligible for allotment of the land. The lands consist of cultivable, banjar and ghairmumkin lands. Accordingly it has been decided that 2 acres of ghairmumkin land should be treated equal to one acre of Banjar land, and two acres of banjar land, equal to one acre of cultivable land for the purpose of lease.

3. Committee for leasing out lands : The land should be leased out by a Committee consisting of the following:­

(i) Deputy Commissioner of the District Chairman

(ii) Local Mahal Tehsildar Member

(iii) Representative of the Police Department Member

(iv) Representative of Govt. of India, Ministry of Defence Member

The antecedents of the persons to whom the land is proposed to be leased out will be verified by the Police Department.

4. Option to purchase the land : The land should be leased out for 10 years in the first instance. After a period of 5 years, however, the lessee shall have the option to purchase the land at the following rates :­

Rs.l00/-per acre for irrigated/cultivated land :

Rs. 75/-per acre for un-irrigated cultivable lands ;

Rs.40/-per acre for banjar land, and ;

Rs.25/-per acre for Ghair-Mumkin land.

The lease money recovered from them shall be deducted from the sale price and the net amount shall be payable in lump sum or in five annual instalments .

5. Amount to be paid by the lessee: (a) The lessee will not be required to pay any lease money or land revenue or other cesses in the first 5 years in respect of-the Ghairmumkin lands. However, lease money at the rate of Rs. 1/-per acre in respect of banjar land will he charged. If canal irrigation has been extended Abiana will be leviable, after the expiry of five year the lessees will be required to pay land revenue and other cesses.

(b) The lessees in respect of the un-irrigated culturable lands will be required to pay land revenue & other cesses, while in respect of irrigated cultivable lands, will be required to pay Rs. 1/-per acre lease money plus land revenue and other cesses.

6. Delivery of Possession: If a lessee does not want to purchase the land, he shall deliver vacant possession of the land leased to him and will not be entitled to any compensation for the improvements made thereon.

7. Land to be brought under cultivation : The lessee shall bring under cultivation or proper use 1/4th of the land in the first 3 years of the lease, and the remaining 3/4th in the next 2 years.

8. The cultivated area or the area put to proper use can be reduced to less than 1/2 in any case after the 5th year .

9. Condonation of breach of conditions : Any breach of the conditions at Nos (6) and (7) for reasons beyond the control of the lessees can be condoned by the authority prescribed by the Govt. in this behalf

10. Death of Lessee : In case a lessees dies during the period of the lease his successor/s will be given the land on the same term and conditions.

11. For any particular area, any special condition or set of conditions can be prescribed by the Government.

12. Appeal : In case of a dispute between the lessees and the Collector regarding any condition of the lease or the right of the Government, the dispute shall be referred to the Commissioner of the Division for decision. An appeal against the order of the Commissioner by the allottee shall lie to the State Government whose decision shall be final.

Action in the matter may please be taken immediately formalities in this connection should be completed expeditiously as to enable you to put the lessee in possession before the 15th June, 1962.

Sd/­

GD Malik

Under Secretary, Revenue(II)

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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