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Rural Evacuee Land

A. Definition: Evacuee land situated within the State of Punjab which is not urban area or sub urban area. That is land situated in municipal limits or upto 2 miles from the municipal limits. (Instructions dated 17/4/1997)

B. Rules/Instructions:

1. Punjab Package Deal Properties (Disposal) Rules 1976

2. Memo No. P(IV)/2/505/Policy/Part-3/G-5/1195-1206 dated 19/1/79

3. Press Note dated 26/2/80

4. RD/770/Part-V/U1/17359 dated 5/11/84

5. Press Note dated 27/3/85

6. Memo No. P(IV)/2/505/Part/1952/63 dated 18/12/87

7. Memo No. 2/505/Part –III/ 9706 dated 29/7/88

8. Memo No. P(IV)/2/505/Part/9837/4804 dated 13/11/90

9. Memo No. PIV/2(505) Part-VIII/1007 dated 10/03/94

10. Memo No. 3/3/97-LR-3/2857 dated 17/04/97

11. Memo No. 3/3/97-LR-3/4753 dated 11/7/97

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

13. Memo No. 3/3/97-LR-III/11079 dated 21/12/2001

C. Methods of Disposal: The Evacuee Land may be divided into the following categories for the purpose of its disposal :

  • TRANSFER OF RURAL EVACUEE LAND TO UNAUTHORIZED OCCUPANTS
  • EVACUEE AGRICULTURE LAND SITUATED WITHIN 5 MILES OF INDO-PAK BORDER
  • ALLOTMENT OF RURAL EVACUEE LAND TO UNSATISFIED DISPLACED LAND HOLDERS
  • ALLOTMENT OF RURAL EVACUEE LAND TO PERMANENTLY DISABLED SOLDIERS, WIDOWS ETC. OF THE SOLDIERS KILLED IN ACTION
  • SALE OF RURAL EVACUEE LAND BY NEGOTIATION OF THE CANCELLED LAND IN RURAL AREAS
  • SALE RURAL EVACUEE LAND BY NEGOTIATION TO GOVERNMENT DEPARTMENT ETC.
  • SALE OF EVACUEE LAND BY PUBLIC AUCTION
  • SALE OF EVACUEE LAND IN RESTRICTED AUCTION
  • TRANSFER OF SUB-URBAN EVACUEE LAND

1. TRANSFER OF RURAL EVACUEE AGRICULTURAL LAND TO UNAUTHORIZED OCCUPANTS

1. Rules/Instructions – Rule 3 of Package Deal Rules, Instructions dated 21/12/2001 (Kharif 1994)

17/4/1997 - Kharif 1994

10/3/1994 – Kharif 1992

13/11/1990 – Kharif 1989

18/12/1987 – Rabi 1984

27/3/1985 – Rabi 1982

26/2/1980 - Rabi 1978

19/1/1979 – Rabi 1976

2. Category – Rural evacuee agricultural evacuee land measuring more than 1 acre that is land recorded as Chahi/Nehri/Barani in the records and situated in areas beyond 2 miles of A Class MC, 1 mile of B Class MC, ½ mile of C Class MC limits.

3. Mode of disposal – Transfer to unauthorized occupants who are in continuous possession since Kharif 1994.

4. Eligibility – Small fragments of land measuring more than 1 acre, continuous possession since Kharif 1994 and land recorded as Chahi/Nehri/Barani. (Instructions dated 17/4/1997, 21/12/2001, Rule 6(1)(iii) of Package Deal Rules)

5. Maximum area that can be allotted – 10 acres if situated beyond 5 miles of municipal limits.

- 3 acres if situated beyond 2 miles but upto 5 miles of municipal limits.

(Para iv of instructions dated 17/4/1997, Para 4 (i) of instructions dated 21/12/2001, Section 4 of Package Deal Act)

6. Officer competent to transfer land – Tahsildar/Naib Tahsildar to scrutinize the application and SDM/SC to transfer the land. ( Rule 3(6))

7. Alienation – No alienation for 20 years from the date of transfer. (Rule 3(10A))

8. Price fixation – Rs 7000 per acre from General category

- Rs 6000 per acre from BC/SC

( Para v of instructions dated 17/4/1997, Para 4 (i) of instructions dated 21/12/2001)

9. Recovery – Lump sum within 6 months of transfer ( Para vi of instructions dated 17/4/1997 )

10. Penalty for non-payment – Transfer liable to be cancelled. (Rule 3(9), instructions dated 17/4/97)

11. Remarks – Applicant should be head of family and tiller of the land.

(ii) Damages at the rate of Rs 250 per acre per harvest will be recovered from Kharif 1994. (Para v of instructions dated 17/4/97).

(iii) Conveyance deed to be issued after full payment (Rule 3(11)

(iv) Application to be submitted by 31/1/2002. Special opportunity was given to persons who were otherwise eligible under 17/4/1997 instructions but could not apply)

2. EVACUEE AGRICULTURAL LANDS SITUATED WITHIN 5 MILES OF INDO-PAK BORDER

There are two different method for disposal of such lands depending on the location of lands:
A. Land situated in rural areas
B. Land situated in sub urban areas

A. RURAL EVACUEE AGRICULTURAL LAND

1. Rules/Instructions – 20/2/1984,4/9/1984,11/5/1962

2. Category – Rural evacuee agricultural land situated within 5 miles of border and not situated in sub urban areas. (Para 5 of instructions dated 20/2/1984)

3. Mode of disposal – Restricted Auction to SCs, Rai Sikhs, Ex servicemen, small land owners and sitting tenants. (Para 5 of instructions dated 20/2/1984). As per instructions dated 11/5/1962 evacuee agricultural lands situated within 5 miles of Indo-Pak border were to be leased out @ 10 acres per family to Rai Sikhs and Ex-Servicemen for a period of 10 years. The lessee could purchase the lands after a period of 5 years. These instructions were superseded by the instructions dated 20/2/1984 relating to disposal of various types of government lands. Lands which were not purchased by the lessees are to be disposed of through restricted auction.

4. Eligibility – SCs, Rai Sikhs, Ex servicemen, small land owners and sitting tenants.

5. Maximum area that can be allotted – 10 ordinary acres (Sec 4 Package Deal Act).

6. Officer competent to transfer the land – State Government. ADC/SDM to conduct auction. ( Para 2 and 3(vi) of instructions dated 4/9/1984 )

7. Alienation – No alienation to Non-SC/Rai Sikhs/Es Servicemen etc for 20 years (Para 8(i) Instructions dated 4/9/84). No cultivation by non-SC etc. DC to cancel the allotment for breach of these conditions. (Para 8(ii), (iii) instruction dated 4/9/84).

8. Fixation of Price – Reserve Price will be the 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).

9. Recovery- 5 % at the time of bid and the remaining 95 % in 20 equal 6 monthly installments with 10 % interest. (Para 3(ix), (xiii) of instructions dated 4/9/84).

10. Penalty for non-payment – Penal interest at the rate of 3½ % for not depositing the installments. DC to cancel the allotment if arrears are not cleared by the 7th installment. (Para 3 (xv) of instructions dated 4/9/84).

11. Remarks– (i) ADC/SDM to supervise the auction. (Para –3 (vi) of instructions dated 4/9/84)

(ii) 5 % of the bid to be deposited at the time of bid (Para 3 (ix) of instructions dated 4/9/84).

(iii) DC to put the bidder to possession after deposit of first installment. (3(xiii) of instructions dated 4/9/1984)

(iv) The Sale Certificate conferring the P rights shall be issued on completion of payment of all the installments by the DC. (9(i) of instructions dated 4/9/1984)

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

B. SUB URBAN EVACUEE LAND

1. Rules/Instructions – Rule 4-A of Package Deal Rules.

2. Category – Evacuee agricultural land situated within 5 miles of border and situated in sub urban areas that is land situated within 3.2 km of municipal corporations and municipal limits of class A MC, 1.6 km of class B MC and 0.8 km of class C MC. (Rule 4-A, Instructions dated 29/7/1988, 3/5/1979)

3. Mode of disposal - To Rai Sikhs and Ex Servicemen occupants upto 3 acres inclusive of their own holdings provided they are uninterrupted occupants since Rabi 1978 and they apply in accordance with the provisions of Rule 3 within the period specified by the government from time to time. (Rule 4-A(1)(b) instructions dated 17/4/97)

4. Eligibility – Rai Sikhs and Ex Servicemen who are in possession since Rabi 1978. ( Rule 4-A(1)(b) )

5. Maximum area that can be allotted –3 acres including own holding ( Rule 4-A (1)

6. Officer competent to transfer the land – Tahsildar with the approval of the Sales Commissioner. ( Rule 4-A(4))

7. Alienation – No restriction

8. Fixation of Price – Current market price from non SC and 75 % of market price from SC. The price will be determined by the Tahsildar subject to approval by the State government or any officer authorized by it. ( Rule 4-A (2), (3), 4-B(8))

9. Recovery- 20 equal 6 monthly installments with interest at the rate 10 % for non SC and no interest from SC. ( Rule 4-A (5))

10. Penalty for non payment –

11. Remarks–

3. ALLOTMENT OF RURAL EVACUEE LAND TO UNSATISFIED DISPLACED LAND HOLDERS

1. Rules/Instructions – Rule 3-A of Package Deal Rules, DPCR Act.

2. Category – Rural evacuee agricultural land situated beyond 2 miles of MC limits.

3. Mode of disposal – If the land is not transferred on the basis of possession then to displaced persons from Pakistan. ( Rule 3-A)

4. Eligibility – Displaced persons from Pakistan.

5. Maximum area that can be allotted – Area in lieu of area left in Pakistan after imposing a cut under Rule 51 of the DPCR Rules.

6. Officer competent to transfer the land – Managing Officer in the office of FCR to decide about the entitlement and Tahsildar to allot it.

7. Alienation – No restriction

8. Fixation of Price – Free of cost.

9. Recovery-

10. Penalty for non payment –

11. Remarks– (1) No urban or sub-urban land should be allotted to displaced person n satisfaction of their claims of rural agricultural land. (Instructions dated 8/1/88)

(2) Urban/Sub-Urban lands can’t be allotted. Only rural agricultural lands can be allotted. (Rule 3 Rule 6, instructions dated 12/8/70)

4. ALLOTMENT OF RURAL EVACUEE LAND TO PERMANENTLY DISABLED SOLDIERS, WIDOWS ETC. OF THE SOLDIERS KILLED IN ACTION

1. Rules/Instructions – Rule 4 of Package Deal Rules, Instructions dated 26/11/1975, 2/1/1976, 5/11/84

2. Category – Rural evacuee agricultural land situated beyond 2 miles of MC limits.

3. Mode of disposal – Allotment to : (1) Permanently disabled soldiers, widow or parents or children of the soldiers killed in Chinese Aggression in 1962 and Pakistan Aggression of 1965.

(2) Widows of the personnel of Armed Forces, Border Security Force and Punjab Armed Police killed in the Indo-Pakistan conflict of 1971.

4. Eligibility – (1) Permanently disabled soldiers, widow or parents or children of the soldiers killed in Chinese Aggression in 1962 and Pakistan Aggression of 1965.

(2) Widows of the personnel of Armed Forces, Boarder Security Force and Punjab Armed Police killed in the Indo-Pakistan conflict of 1971.

5. Maximum area that can be allotted – 10 acres including own land holding ( Rule 4(1)(i) )

6. Officer competent to transfer the land – State government (para 20 of instructions dated 5/11/84)

7. Alienation – (1) If widow marries within 10 years of the allotment then the allotment will be cancelled and the land will be allotted to children or parents of the deceased soldiers. ( Rule 4(1)(iii) )

(2) There was restriction on alienation for 10 years in the Rules of 1976 as originally published. Original Rule 4(v) stipulated that there could be no alienation for 10 years. This was deleted vide amendment dated 20/1/79. Therefore after 20/1/79 there is no restriction on sale.

8. Fixation of Price – Rs 450 per acre ( Instructions dated 26/11/1975)

9. Recovery- 20 equal 6 monthly installments. (Rule 4(1)(iv) )

10. Penalty for non payment – Penal interest of 7 %. In case of 2 successive defaults the amount will be recovered as arrears of land revenue.( Rule 4(1)(v) )

11. Remarks– Conveyance deed to be issued after full payment. ( Rule 4(2) )

5. SALE OF RURAL EVACUEE LAND BY NEGOTIATION OF THE CANCELLED LAND IN RURAL AREAS

1. Rules/Instructions – Rule 4-B of Package Deal Rules.

2. Category – Rural evacuee agricultural land situated beyond 2 miles of Class A MC limits, beyond 1 mile of Class B MC limits and beyond ½ mile Class C MC limits and allotted in excess of claim. If the land has become sub urban or urban after allotment as a result of extension of municipal limits then also the land can be allotted under this rule. ( Rule 4-B(8)(2))

3. Mode of disposal – (1) Allotment to allottee, his successor-in-interest or his bonafide vendees. (Rule 4-B(1)).

(2) If the allottee, his successor-in-interest or his bonafide vendee doesn’t purchase or he is not eligible then the land is required to be disposed of in the following manner :

o Public auction.

o Allotment to displaced land holders.

o Persons mentioned in Rule 4 that is widows of soldiers etc.

o Sale to government departments, semi government departments, Cooperative societies, corporate bodies, local authority.

( Rule 4-B(9))

4. Eligibility – (1) Allottee should be in continuous possession. (Rule 4-B(1))

(2) The allotment shouldn’t have been cancelled on grounds of fraud etc. (Rule 4-B(2))

5. Maximum area that can be allotted – 10 acres inclusive of own land holding (Section 4 of Package Deal Act).

6. Officer competent to transfer the land – State government or the officer authorized by it.(Rule 4-B(5))

7. Alienation – No restriction.

8. Fixation of Price – Current market price as determined by the Tahsildar and approved by the State government or an officer authorized by it. ( Rule 4-B(8))

9. Recovery – 20 % at the time of provisional allotment and remaining 80 % in lump sum within a period of 30 days after confirmation of sale. ( Rule 4-B(5), (6) )

10. Penalty for non payment – No allotment of land and land to be disposed of through public auction. ( Rule 4-B(9))

11. Remarks– Conveyance deed to be issued after full payment. ( Rule 4-B(10) )

6. SALE OF RURAL EVACUEE LAND BY NEGOTIATION TO GOVERNMENT DEPARTMENT ETC.

1. Rules/Instructions – Rule 4-B(9), 6 of Package Deal Rules.

2. Category – Rural evacuee agricultural land situated beyond 2 miles of MC limits and not allotted to unauthorized occupants, displaced persons, widows of soldiers etc. (Rule 4-B(9), 6(1) )

3. Mode of disposal – Sale to government departments, semi government departments, Cooperative societies, corporate bodies, local authority.( Rule 4-B(9), 6(1) )

4. Eligibility – All the above bodies.

5. Maximum area that can be allotted – No restriction.

6. 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)

7. Alienation – No restriction.

8. Fixation of Price – (i) Land will be transferred free of cost to the Punjab government departments (except departments of colonization, irrigation, power)

(ii) Market rate from Central Government Departments and Departments of Colonisation, Irrigation and Power of Punjab Government. (Para 6A-1, 6A-2 of FCR SO 28)

(iii) Market rate from MCs/PSUs/Local authorities.

(iv) Price will be the current 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)

9. Recovery – Lump sum where required.

10. Penalty for non payment –

11. Remarks -

7. SALE OF EVACUEE LAND (BANJAR /GHAIRMUMKIN / AGRICULTURAL) BY PUBLIC AUCTION

1. Rules/Instructions- Rule 6, Instructions dated 29/7/1988, 13/11/1990,10/3/1994

2. Category- The following kinds of lands will be disposed of through open public auction :

o 75 % of agricultural rural evacuee land which is not transferred to unauthorized occupants, displaced persons and widows of soldiers etc. in a village. ( Rule 6(2)(ii))

o 50 % Banjar/Ghairmumkin lands situated in a village. ( rule 6(2)(ii))

o Small fragments of lands less than 1 acre. ( Rule 6(2)(iii))

o Lands which are potential residential or commercial sites or are under garden or fall under garden colonies. ( Rule 6(2)(i))

3. Mode of disposal - Open public auction. (Rule 6(2))

4. Eligibility – Open public auction.

5. Maximum area that can be allotted – 10 ordinary acres including his own holdings. (Instructions dated 29/7/1988, Section 4 of the Package Deal Act)

6. Officer competent to transfer land – Tahsildar/Naib Tahsildar to conduct the auction and the Sales Commissioner to approve it. (Rule 6(6)(vii),(viii), (xi))

7. Alienation – No restriction.

8. Price fixation – Rs 30,000 per acre for irrigated lands, Rs 20,000 per acre for unirrigated lands (Rule 6(6)(vi), para 10 of instructions dated 10/3/94)

- For Banjar and Ghairmumkin lands: a committee headed by DC/ADC and comprising of SDM, DAO to recommend the rates and the Divisional Commissioner to approve it. (Para III (b) of Instructions dated 13/11/1990 )

9. Recovery – 25 % at the time of bid and remaining 75 % within 15 days of intimation of confirmation. ( Rule 6(6)(ix), (xii)(b))

10. Penalty for non payment – The amount shall be recovered as arrears of land revenue. (Rule 6(6)(xiii)

11. Remarks – Conveyance deed to be issued. (Rule 6(6)(xiv))

8. SALE OF EVACUEE LAND (BANJAR / GHAIRMUMKIN / AGRICULTURAL) IN RESTRICTED AUCTION

1. Rules/Instructions- Rule6 (3), Instructions dated 29/7/1988, 13/11/1990,10/3/1994

2. Category- The following kinds of lands will be disposed of through restricted auction :

o 25 % of agricultural rural evacuee land which is not transferred to unauthorized occupants, displaced persons and widows of soldiers etc. in a village to SC/BCs. ( Rule 6(3)(iii))

o 40 % Banjar/Ghairmumkin lands situated in a village to SCs. (Rule 6(3)(i))

o 10 % Banjar/Ghairmumkin lands situated in a village to BCs. (Rule 6(3)(ii))

3. Mode of disposal - Restricted auction. (Rule 6(3))

4. Eligibility – Restricted auction to SC/BC.

5. Maximum area that can be allotted – 10 ordinary acres including his own holdings. ( Instructions dated 29/7/1988, Section 4 of Package Deal Act.)

6. Officer competent to transfer land – Tahsildar/Naib Tahsildar to conduct the auction and the Sales Commissioner to approve it. ( Rule 6(6)(vii)(viii) (xi))

7. Alienation – No alienation to non SC/BC for 20 years ( Rule 6(8)(i))

8. Price fixation – Rs 30,000 per acre for irrigated lands, Rs 20,000 per acre for unirrigated lands (Para 10 of Instructions dated 10/3/1994, Rule 6(6)(vi))

- For Banjar and Ghairmumkin lands: a committee headed by DC/ADC and comprising of SDM, DAO to recommend the rates and the Divisional Commissioner to approve it. (Para III (b) of Instructions dated 13/11/1990)

9. Recovery – 5 % at the time of bid and remaining 95 % in 19 equal 6 monthly installments. ( Rule 6(6)(ix), (xii)(c))

10. Penalty for non payment – The amount shall be recovered as arrears of land revenue for 2 successive defaults. ( Rule 6(6)(xiii)

11. Remarks – Conveyance deed to be issued. ( Rule 6(6)(xiv))

For Restricted Auction

- Cultivation through SC/BC only.( Rule 6(8)(ii))

- Tahsildar/Naib Tahsildar to cancel the allotment for breach of any condition. (Rule 6(8)(iii).

9. TRANSFER OF SUB-URBAN EVACUEE LAND

1. Rules/Instructions – Rule 6, 4B(8)(2),4A and instructions dated 12/8/1970, 3/5/1979, 29/7/1988.

2. Category - Sub urban lands that is lands -

a. For Class ‘A’ MC – land situated within a distance of 3.2 kms (2 mile) from the municipal limits.

b. For Class ‘B’ MC – Land situated within a distance of 1.6 kms (1 mile) from the municipal limits.

c. For Class ‘C’ MC/Nagar Panchayat - Land situated within a distance of 0.8 kms (1/2 mile) from the municipal limits.

(Instructions dated 29/7/88, 3/5/79,12/8/70)

3. Mode of disposal – (1) Open public auction (Rule 6(2)(i))

(2) Land which was allotted in excess of claim and which became suburban as a result of extension of municipal limits – sale by negotiation to the allottee/his bonafide vendee at the market rate. ( Rule 4-B(8)(2)) ( See Para 5 above)

(3) Land is sub urban and falls within 5 miles of Indo-Pak border – Transfer upto 3 acres to Rai Sikhs/ Ex servicemen who are in possession since Rabi 1978 and who apply in accordance with the provisions of Rule 3 within the period specified in this behalf.

(4) Land which became sub-urban after Rabi 1976 as a result of extension of MC limits to occupants w.e.f. Rabi 1978 upto 3 acres provided they applied before 31/10/1980. The land will be transferred at the market rate (from Non-SC) and 75 % of the market rate (From the SC) which will be determined by the Tehsildar and approved by the State Government. SDM/SC will approve the transfer (Rule 4-A(1)(a)4A(2), (3) .

4. Eligibility – Open auction

5. Maximum area that can be allotted – 10 acres including own land holding (Section 4 of Package Deal Act).

6. Officer competent to transfer the land – Tahsildar/Naib Tahsildar to conduct the auction and Sale Commissioner to approve it. (Rule 6(6)(xi))

7. Alienation – No restriction.

8. Price fixation – The reserve price will be the market price and will be determined by Tehsildar and will be approved by the State Government. (Rule 4A(2), (3), 4B(8))

9. Recovery – 25 % at the time of bid. ( Rule 6(6)(ix))

- Remaining 75 % within 15 days of intimation of the bid. ( Rule 6(6)(xii)(b)

10. Penalty for non payment – Recover the defaulted amount as arrears of land revenue. ( Rule 6(6)(xiii))

11. Remarks – Sale certificate to be issued. (Rule 6(6)(xiv))

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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