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PROVINCIAL GOVERNMENT LAND

A. Instructions /Rules : Memo No. 14/26/81-LR-3/1716, dated 20/2/1984

Memo No. 14/26/81-LR-3/9324, dated 4/9/1984

Memo No. 26/59/85-LR-III/11543 dated 29/8/1985

FCR’s Standing Order No. 28

Memo No. 26/60/98-LR-III/5584 dated 23/8/2001

B. Methods of Disposal: The Provincial Government Land can be divided into three categories for the purpose of disposal:

1. RURAL PROVINCIAL GOVERNMENT LANDS

2. URBAN PROVINCIAL GOVT LANDS ON WHICH PUCCA CONSTRUCTION RAISED

3. URBAN/SUB-URBAN PROVINCIAL GOVERNMENT LANDS

4. LAND ACQUIRED BY GOVERNMENT FOR PUBLIC PURPOSES BUT THEREAFTER SURRENDERED

1. RURAL PROVINCIAL GOVERNMENT LANDS

The provincial government land situated in rural areas i.e. lands situated beyond 2 miles from the limits of municipal areas should be disposed of in the following manner:

A. Transfer to Forest/Horticulture Department

  • Transfer to Gallantry Award Winners
  • Open Auction

A TRANSFER TO FOREST/HORTICULTURE DEPARTMENT:

 

  • Rules/Instructions – Instructions dated 20/2/84, FCR SO 28
  • Category – Provincial government lands situated in rural areas i.e. lands situated beyond 2 miles of MC limits.(Para 10 of instructions dated 20/2/84)
  • Mode of disposal – Transfer to Forest/Horticulture Department. (Para 10(a),13 of instructions dated 20/2/84)
  • Eligibility – Forest/Horticulture Dept. (Para 10(a) of instructions 20/2/84)
  • Maximum area that can be allotted – No limit.
  • Officer competent to transfer the land –FCR: (Para 13 of 20/2/84 and para 6 of FCR SO 28)
  • Alienation –
  • Fixation of Price – Free of Cost (Para 6A-1 FCR SO 28)
  • Recovery: N.A.
  • Penalty for non payment – N.A.
  • Remarks DC to submit a self-contained proposal to FCR for his orders (Para 13 of instructions dated 20/2/84).

B. TRANSFER TO GALLANTRY AWARD WINNERS:

  • Rules/Instructions – Instructions dated 20/2/84.
  • Category – Provincial government land in rural areas i.e. lands situated beyond 2 miles from the MC limits. (Para 10(a) of 20/2/84)
  • Mode of disposal – Transfer to Gallantry Award Winners (Para 10 (b) instructions dated 20/2/84)
  • Eligibility – Recipient of Mahavir Chakra or Vir Chakra (Para 10(b) of instructions dated 20/2/84)
  • Maximum area that can be allotted – 5 acre for Vir Chakra and 10 acres for Mahavir Chakra. (Para 10(a) of instructions dated 20/2/84).
  • Officer competent to transfer the land –FCR
  • Alienation – Not specified.
  • Fixation of Price – Free of cost (Para 10(b) of instructions dated 20/2/84)
  • Recovery: NA
  • Penalty for non payment – NA
  • Remarks– --

C. OPEN AUCTION:

  • Rules/Instructions – Instructions dated 20/2/84, 4/9/84 and 29/8/85
  • Category – Provincial government land in rural areas i.e. lands situated beyond 2 miles of MC limits which remain un-allotted (Para 10, 10(c) of instructions dated 20/2/84)
  • Mode of disposal – Open auction (Para 10 (c) of instructions 20/2/84).

Prior approval of FCR (Instructions dated 29/8/85)

  • Eligibility – Open auction.
  • Maximum area that can be allotted – Not specified.
  • Officer competent to transfer the land –Approval of FCR required before putting the land to auction (instruction dated 29/8/85). State Government to approve the auction. (Para 2 of instructions dated 4/9/84).
  • Alienation – No restrictions.
  • Fixation of Price – Reserve price will be the current market price to be determined by DC if the price worked out is less than or equal to Rs. 10 lac, when it exceeds Rs. 10 lac but is upto Rs. 50 lac by the Divisional Commissioner and when it exceeds Rs. 50 lac then by the Financial Commissioner Revenue. (Para 3 (i) of instructions dated 4/9/84, para 10(c) of instructions dated 20/2/84)
  • Recovery: 25 % at the time of bid (Para 3 (ix) of instructions dated 4/9/84), remaining 75 % within 15 days of acceptance of bid. (Para 3 (xiii) of instructions dated 4/9/84)
  • Penalty for non payment – If full payment is not received within 15 days, DC shall cancel the sale and forfeit the amount already paid. (Para 3 (xiv) of instructions dated 4/9/84).
  • Remarks(i) ADC/SDM to supervise the auction. (Para –3 (vi) of instructions dated 4/9/84)

(ii) DC to put the bidder to possession after deposit of full payment, (Para 3 (xiii), 9 (i) of instructions dated 4/9/84).

(iii) The Sale Certificate conferring the P rights shall be issued on full payment (Para 9 (i) of instructions dated 4/9/84).

(iv) Conveyance deed to be registered and mutation to be sanctioned. (Para 9 (ii) (iii) of instructions dated 4/9/84).

(v) District Collector can be approached for setting aside the auction and sale. (Para 5 of instructions dated 4/9/84)

2. URBAN NAZOOL LAND ON WHICH PUCCA CONSTRUCTION RAISE

TRANSFER OF URBAN GOVERNMENT NAZOOL / EVACUEE / INFERIOR EVACUEE LAND ON WHICH PUCCA CONSTRUCTION HAS BEEN RAISED BEFORE 1/1/1996.

1. Rules / Instructions: Govt. instruction dated 23/8/2001.

2. Category: - Land of any type i.e. Government, Nazool, Evacuee and Inferior Evacuee.

-Pucca construction raised before 1/1/1996 and continuous possession since then.

-Situated within MC limit, (Para 2 of instructions dated 23/8/2001)

3. Mode of disposal- Transfer to unauthorised occupant (Para 2 of instructions dated 23/8/2001).

5.Eligibility: - -Pucca construction raised before 1/1/996 (Para 2 of instructions dated 23/8/2001).

-Continuous possession since 1/1/1996 (Para 2 of instructions dated 23/8/2001)

-Submitted application by 23/10/2001 (Para 9 of instructions dated 23/8/2001)

-Only one property can be transferred (Para 3 of instructions dated 23/8/2001)

5. Maximum area that can be allotted: -No restriction (Para 4 of instructions dated 23/8/2001)

6. Officer competent to transfer the property: - Tahsildar to recommend and SDM to allot the land. Appeal to Deputy Commissioner ( Para 7, 8, 13 of instructions dated 23/8/2001)

7. Alienation: - No restriction (Para 14, 15 of instructions dated 23/8/2001).

8. Rate and price fixation: The following rate to be charged:

Area – A

Rate as % of market rate

A £ 5 Marla

20%

5 Marla < A £ 10 Marla

30%

10 Marla < A £ 1 Kanal

40%

1 Kanal < A

100%

(Para 4 of instructions dated 23/8/2001)

The market rate of the land will be determined by a committee headed by Deputy Commissioner. (Para 5 of instructions dated 23/8/2001)

9. Recovery: - ¼ of price within 1 month of offer of allotment.

- ¾ of price 10 six monthly instalments (Para 6 of instructions dated

23/8/2001).

10. Penalty of non payment: - No allotment.

11. Remarks : (1) Pucca construction and continuous possession to be supported by Electricity, Water Bill etc. (Para 2 of instructions dated 23/8/2001)

(3)P-Rights to be given and registered after recovery of full price.(Para 14, 15 of instructions dated 23/8/2001)

Last date of applications – Dated 23/10/2001

(Para 9 of instructions dated 23/8/2001).

3. URBAN / SUB URBAN GOVERNMENT LAND

1. The provincial government land situated in urban areas i.e. land within the municipal limits and upto 2 miles beyond these limits shall be disposed of in the following manner :

A. Transfer to other departments

B. Transfer to MC/PSUs

C. Open Auction

2. Before the land in Urban or Sub-Urban areas is sold by open auction, it needs to be carefully examined whether the land is required by any Government Department, Municipal Council and Improvement Trust, PSUs for any public purpose immediately or in the near future. In order to ensure that Government land is disposed of with proper care a committee headed by DC is constituted to determine whether any particular piece of land is required for the purpose of any Government Department or for providing civic amenities in the municipal areas. Only the land which according to this committee is not required for any such purposes and is not likely to be so required in future may be disposed of in public auction (Para 11 instructions dated 20/2/84).

A. TRANSFER TO OTHER DEPARTMENTS:

  • Rules/Instructions – Instructions dated 20/2/84 and 4/9/84
  • Category – Urban and sub-urban provincial government lands i.e. land situated within municipal limits or within 2 miles from the municipal limits.
  • Mode of disposal – Retain the land for Revenue Department if it is required. If not required then transfer it to the other department for whose scheme it is required. (Para 9,8 (a) of instructions 20/2/84).
  • Eligibility – All departments.
  • Maximum area that can be allotted – No restriction.
  • Officer competent to transfer the land –FCR : if no objection from the either department. -CMM/CM : in case of dispute/objection and in case land is being transferred free of cost to departments from whom payment should be taken. (Para 6 of FCR SO 28)
  • Alienation – No restrictions.
  • Fixation of Price – (i) Land will be transferred free of cost to the Punjab government departments (except the departments of colonization, irrigation, power)

(ii) Market rate from central government departments and departments of colonisation, irrigation and power of Punjab government. (Para 2.2, 6A-1, 6A-2 of FCR SO 28)

(iii) The current market price to be determined by DC if the price worked out is less than or equal to Rs. 10 lac, when it exceeds Rs. 10 lac but is upto Rs. 50 lac by the Divisional Commissioner and when it exceeds Rs. 50 lac then by the Financial Commissioner Revenue. (Para 3 (i) (ii) of instructions dated 4/9/84).

  • Recovery: Debit/Credit, Cash Payment (Para 6A-3, of FCR SO 28)
  • Penalty for non payment – NA
  • Remarks DC to submit a self contained proposal to FCR (Para 13 of instructions dated 20/2/84, Para 3-A-1 of FCR SO 28)

B TRANSFER TO MC/PSUs

  • Rules/Instructions – Instructions dated 20/2/84 and 4/9/84, FCR SO 28
  • Category – Urban and sub-urban provincial government lands situated within municipal limits or within 2 miles from the municipal limits.
  • Mode of disposal – Transfer to MCs, Improvement Trusts and PSUs (Para 8 (a) (b) of instructions 20/2084).
  • Eligibility – All PSUs, MCs, ITs etc.
  • Maximum area that can be allotted – No restriction.
  • Officer competent to transfer the land –FCR : if no objection from the either department and payment is being made. -CMM/CM : in case of dispute/objection and in case land is being transferred free of cost and if there is any dispute. (Para 6 of FCR SO 28)
  • Alienation – No restrictions.
  • Fixation of Price – The price will be the current market price to be determined by DC if the price worked out is less than or equal to Rs. 10 lac, when it exceeds Rs. 10 lac but is upto Rs. 50 lac by the Divisional Commissioner and when it exceeds Rs. 50 lac then by the Financial Commissioner Revenue. (Para 3 (i) of instructions dated 4/9/84).
  • Recovery: Lump-sum through Cheque/Draft
  • Penalty for non payment – NA
  • RemarksDC to submit a self contained proposal to FCR (Para 13 of instructions dated 20/2/84, Para 3-A-1 of FCR SO 28)

C OPEN AUCTION

  • Rules/Instructions – Instructions dated 20/2/84, 4/9/84 and 29/8/85, FCR SO 28)
  • Category – Urban and sub-urban provincial government lands situated within municipal limits or within 2 miles from the municipal limits.
  • Mode of disposal – Open auction (Para 8 (c) of instructions 20/2/84).
  • Eligibility – If land is not required by the Government Departments, MCs, PSUs (Para 8 (c), 11 of instructions dated 20/2/84).
  • Maximum area that can be allotted – No restriction.
  • Officer competent to transfer the land –Approval of FCR required before putting the land to auction (instruction dated 29/8/85). State Government to approve the auction. (Para 2 of instructions dated 4/9/84).
  • Alienation – No restrictions.
  • Fixation of Price – Reserve Price will be the current market price to be determined by DC if the price worked out is less than or equal to Rs. 10 lac, when it exceeds Rs. 10 lac but is upto Rs. 50 lac by the Divisional Commissioner and when it exceeds Rs. 50 lac then by the Financial Commissioner Revenue. (Para 3 (i) of instructions dated 4/9/84, para 8(c) of instructions dated 20/2/84).
  • Recovery: 25 % at the time of bid (Para 3 (ix) of instructions dated 4/9/84), remaining 75 % within 15 days of acceptance of bid. (Para 3 (xiii) of instructions dated 4/9/84)
  • Penalty for non payment – If full payment is not received within 15 days, DC shall cancel the sale and forfeit the amount already paid. (Para 3 (xiv) of instructions dated 4/9/84).
  • Remarks(i) ADC/SDM to supervise the auction. (Para –3 (vi) of instructions dated 4/9/84)

(ii) DC to put the bidder to possession after deposit of full payment, (Para 3 (xiii), 9 (i) of instructions dated 4/9/84).

(iii) The Sale Certificate conferring the P rights shall be issued on full payment (Para 9 (i) of instructions dated 4/9/84).

(iv) Conveyance deed to be registered and mutation to be sanctioned. (Para 9 (ii) (iii) of instructions dated 4/9/84).

(v) District Collector can be approached for setting aside the auction and the sale. (Para 5 of instructions dated 4/9/84)

4. LAND ACQUIRED BY GOVERNMENT FOR PUBLIC PURPOSES BUT THEREAFTER SURRENDERED

Lands which were acquired by the government for some public purposes and if it is not required for some reason, such lands can be used for some other public purpose or will be sold.

A. USE FOR OTHER PUBLIC PURPOSE: (Para 87-A of SO 28) If the land in question is no longer required for the purpose for it was originally acquired then it can be used for another public purpose. It is a settled law that the land acquired for public purpose can be transferred to another public purpose. Paramount consideration will be service of the public purpose. The owner of the land can not claim that if the purpose is to be changed, the property should be returned to him.

B. SALE OF ACQUIRED LAND : (Para 87-A of SO 28) If the acquired land is not to be used for any other public purpose then it will be sold. If the land is agricultural and situated outside of the MC limits then the first preference will be given to the owners. No specific procedure has been prescribed for sale of such land and therefore the procedure prescribed for open auction of provincial government lands should be followed as discussed in above paras. The land which has been acquired by the government is provincial government land and therefore, it is to be disposed of by transfer to other departments or by sale through open auction. The land can be sold either in open auction or through tenders. The department by which the land is surrendered will be given an opportunity to comment upon any bid or tender before it is accepted (Para 88). The sums realized will be credited to the department for which the land was acquired (See para 1C, 2C above) regarding open auction.

C. RESTORATION TO ORIGINAL LAND OWNERS : Para 87 of SO 28 under which there was provision for restoration of acquired lands to the original land owners stands deleted vide notification dated 13/3/2000.

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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