Government of Punjab Department of Revenue & Rehabilitation
All the Deputy Commissioners in the State.
Dated Jalandhar the 20th January 1979.
Sub: Disposal of surplus rural evacuee agricultural land- Amendment to Rules.
Continuation this department Memo No. 2(505)/Policy Part-III /G-5 / 1195-1206, dated 19/1/1979 on the subject cited above.
2. A copy of the Punjab Package Deal Properties (Disposal) Amendment Rules, 1979, referred to in para 6 of the above communication, is sent herewith.
Sd/-Deputy Secretary to Govt. Punjab
For Financial Commissioner (Revenue) and
Secretary to Government Punjab,
Government of Punjab
Department of Revenue & Rehabilitation
No. 2(753)G-5/1453 The 20th January 1979.
In exercise of the powers conferred by Section 18 of the Punjab Package Deal Properties (Disposal) Act, 1976, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules further to amend the Punjab Package Deal Properties (Disposal) Rules, 1976, namely:
1. These rules may be called the Punjab Package Deal Properties (Disposal) Amendment Rules, 1979.
2. In the Punjab Package Deal Properties (Disposal) Rules, 1976 (hereinafter referred to as the said rules), in rule 3:
(i)in sub rule (1), for the words “who is a member of the schedule castes or is Rai Sikh whose own holding is less than five standard acres or ten ordinary acres” the words “whose own holding is less than five ordinary acres” shall be substituted.
(ii)In sub rule (2), in clause (iv), the words and letters “is a member of scheduled castes or is rai sikh, who”, shall be omitted;
(iii)In sub rule (5), the words “ordinary acres shall be converted into standard acres in accordance with the prescribed scale” shall be omitted;
(iv)In sub rule (6), in clause (ii), the following shall be added at the end, namely;
“These arrears shall be paid in lumpsum or in such number of instalments as may be fixed by the Sales Commissioner by a specific order, keeping in view the circumstances of each case and the number of instalments so fixed shall not exceed the number of instalments in which price of land is to be recovered.”
(v)for sub rule (9), the following sub rule shall be substituted namely:
“(9) default in the payment of instalments- In the event of default on the part of transferee of land in the payment of any instalment by the stipulated date Tehsildar (Sales) or the Naib Tehsildar (Sales) may recover the amount of the defaulted instalment with interest at the rate of Seven per cent per annum as arrears of land revenue”.
In the said rules, after rule 3, the following rule shall be inserted, namely:
“3-A. Allotment of rural land to unsatisfied displaced land holders.- The rural land which is not transferred on the basis of possession may in the first instance be allotted to unsatisfied displaced land holders”.
4. In the said rules, in rule 4, in sub rule (1)- (i) for clause (i), the following clause shall be substituted namely:
“(i) Permanently disabled soldiers, widows of parents or children of the soldiers killed in the Chinese aggression of 1962 and Pakistan aggression of 1965 and widows of the personnel of the Armed Forces, Border Security Force and Punjab Armed Police killed in the Indo Pakistan Conflict of 1971, shall be entitled to the allotment on payment of the cultivable land as far as possible, upto the limit of ten ordinary acres inclusive of their own holding, if any, at such rate per standard acre as may be fixed by the State Government from time to time. For the purpose of valuation of land, ordinary acres shall be converted into standard acres, in accordance with the prescribed scale”.
(ii) In clause(ii), for the words “in action, has remarried”, the words and figures “the Chinese aggression of 1962 or Pakistan aggression of 1965 remarries a person other than real brother of her deceased husband,” shall be substituted;
(iii) for clauses (v) and (vi), the following clause shall be substituted namely :
“(v) In the event of default in the payment of any instalment by an allottee, he shall be liable to pay interest at the rate of seven per cent per annum for the overdue period and in the event of default of two successive instalments, the Tehsildar (Sales) or Naib Tehsildar (Sales) shall recover the amount of defaulted instalments with interest as arrears of land revenue.”
5. In the said rules, in rule 6,- “(i) for sub rules (1) and (2), the following sub rules shall be substituted, namely:
“(1) Where any land or property is not transferred under Part I, Part II and Part III or this Chapter, and it is not required for sale by negotiation, to any Government Department, Semi Government Department, Co-operative Society, Corporate Body, Public Institution or any local authority for a public purpose, it shall be disposed of by public auction or restricted auction by the Tehsildar (Sales) or Naib Tehsildar (Sales).
(2) Land to sold by public auction:
The following categories of land shall be sold by public auction, open to all:
(i)The lands retrieved by the Directory Organisation set up by the State Rehabilitation Department which are not transferred to the displaced land holders:
(ii)Land which are sub urban or are potential residential or commercial sites or are under garden or fall within garden colonies:
(iii)Small fragments of land not exceeding 2 acres, surrounded by the holdings of the owners and are inaccessible:
(iv)Lands already sold in open auction, but the sale of which has been set aside by a competent authority;
(v)‘Banjar’ and ‘Ghair Mumkin’ land, which is fit for reclamation, or which is not transferred to the Forest Department for afforestation or village Panchayats;”
(ii) In sub rule (6), in clause (iii), for the words “shall be competent to cancel the sale, forfeit the amount already paid and resume the land after issuing due notice to the defaulting person”, the words “shall recover the amount of defaulted instalments as arrears of land revenue” shall be substituted.
(iii) after sub rule (6), the following sub rule shall be inserted, namely:
“(6-a) Objections- (a) where a person desires that the sale by auction of any rural property may not be confirmed under these rules, because of any material irregularity, or fraud, in the manner and conduct of the sale, he may make an application to that effect to the Sales Commissioner:
Provided that every such application for setting aside the sale shall be made within ten days or the said auction and the person making the application shall on demand, deposit a sum equivalent to twenty percent of the highest bid as challenge money.
Provided further that if an objection is files by a member of the schedule castes in respect of a sale made by restricted auction, the challenge money shall be equivalent to five per cent of the highest bid. In case of non-deposit of the challenge money within ten days of the order, the application shall automatically lapse.
(b) In case an application under clause (a), is accepted, the challenge money shall be refunded and the rural property shall be re-auctioned with the bid starting from the previous highest bid.
(c) In case an application under clause (a) is not accepted, the challenge money shall stand forfeited.”
Sd/-Deputy Secretary to Govt.Punjab,
Rehabilitation Deptt. Jalandhar.