Disposal of surplus rural evacuee agricultural land (Department Of Rehabilitation)

16/3/1979

Punjab Government Department Of Rehabilitation

To

All the Sub-Divisional Officer (Civil) in the State

No. 2(505)/Policy-Part IWG-5/7686- 7737, dated 16th March, 1979 Jullundur.

Sub: Disposal of surplus rural evacuee agricultural land - Clarifications

Memorandum

During the course of inspections undertaken by the undersigned, the following points have arisen:­

(i) Whether the land shown in the revenue record as "Provincial", "Shamlat Deh", "Shamlat Patti", particularly in the villages which were entirely evacuee can be disposed of under the extant policy ?

(ii) Whether the arrears of rent have to be recovered from the Scheduled Castes & Rai Sikh occupants at 8 times the land revenue or at the revised rate of 20 times the land revenue or Rs. 401- per harvest, whichever is higher, and whether the recovery of the arrears of rent could be waived?

(iii) Whether there is any contradiction in Sub-clause II & Sub-clause III of Part (A) of Annexure III appended to the Rehabilitation Department Memo. No. 2(505)/Policy-Part IlI/G-5/1195-1206, dated 19th January, 1979, addressed to all the Deputy Commissioner in the State and copy endorsed to you ?

(iv) Whether the lands of the Muslims which are still shown as mortgaged with ? the locals in the revenue record and the lands of the locals which are likewise shown under mortgage with the Muslim evacuees. can be transferred to the occupants ?

The above points are clarified as follows :­

(i) If the word "Provincial" used in the ownership column of the record of rights denotes that the land is inferior evacuee and had been transferred to the Revenue Department as far back as 1960, then it is not transferable under the extant policy. If, however, the land is evacuee and forms part of the property belonging to the Central Government, but has erroneously been mentioned as "Provincial" in the record of rights then it is transferable to the unauthorized occupants provided otherwise eligible up to the prescribed limit of 5 ordinary acres inclusive of their own holding, if any.

For the present, evacuee share in Panchayat Deh or Shamlat Deh lands may not be transferred, on the basis of possession under the extant policy. Likewise, Shamlat Deh land becoming available due to river action is not transferable to the occupants. A dispute with regard to these lands on the point whether the same could be vested ill Common Lands (Regulation) Act, 1961 (amended ill 1976) is pending adjudication. Therefore, such cases should not be rejected till decision of the Supreme Court, on the above point. The number of these cases should be shown specifically ill the monthly progress reports.

(ii) The arrears of rent are recoverable from the Scheduled Castes and Rai Sikh occupants at the rate of 8 times the land revenue up to July, 1971 and afterwards at 20 times the land revenue or Rs. 401- per harvest, whichever is higher. If ill the cases of the Scheduled Castes and Rai Sikh occupants, the last mentioned rates have been applied erroneously while assessing the arrears of rent, the Sub-Divisional Officer (Civil)-cum-Sales Commissioners should rectify the mistake and get the rent assessed at the rate of 8 times the land revenue and recover the same ill accordance with the rules. The recovery of arrears of rent cannot be waived but it can be made ill instalments, not exceeding the number of instalments ill which the price of land is recoverable. Where the occupants refuse to make payment of the arrears of rent ill lump sum or ill instalments, the Tehsildars (Mahal)­cum(Sales)/ Naib- Tehsildars (Mahal)-cum-(Sales) are fully within their jurisdiction to reject their applications on this ground.

(iii) There is no contradiction ill the sub-clauses, referred to above, The cultivating possession of an unauthorized occupant for the purpose of transfer of land under the extant policy has primarily to be determined vis-a-vis the entries ill the Khasra Girdawari. Clause III has been provided ill order to ensure that the benefit is not availed by any undeserved persons by showing names of fake occupants as cultivators of their land, ill the Khasra Girdawari, although they are not actually tilling the same. In the cases where the names of actual tillers do not appear ill the Khasra Girdawaris, proper and discreet inquiries should be conducted by the Sales Commissioner before passing final orders of transfer.

(iv) In so far as the first category of the lands is concerned, these are to be deemed to have been vested ill the Custodian after the expiry of the period of mortgage or 20 years whichever is earlier, under the provisions of Section (9)(2) of the Evacuee Interest (Separation) This is deeming provision and even if the factum of mortgage is still shown ill the revenue record, despite the expiry of the period of mortgage or the period of 20 years, whichever is less, the land involved has to be treated as evacuee property and transferred to the unauthorized occupants under the extant policy provided otherwise eligible. In respect of the second types of lands, where the equity of redemption is still admissible to a mortgagor, the question of transfer of land to an unauthorized occupant does not arise. Where, however, the equity of redemption is no longer admissible, the land is to be treated as evacuee and is transferable to the unauthorized occupants under the extant policy. But before doing so, a regular mutation should be entered and sanctioned in favour of the Central Govt. for the present, this clarification will not apply to the cases in which the local mortgagors are themselves occupying the lands mortgaged by them with the Muslim evacuees and equity of redemption is no longer admissible to them The legal position in respect thereof, is being examined separately and instructions to this effect will be issued in due course.

2. It has come to notice that the officers concerned have not minutely gone through the instructions issued by the Rehabilitation Department and rules framed for the disposal of surplus rural evacuee agricultural land with the result that unnecessary queries are being made which tend to delay the disposal of these lands. It is requested that the aforesaid instructions and rules should be carefully gone through and unnecessary clarification avoided.

(Randhir Singh )

Deputy Secretary to Govt., Punjab

Rehabilitation Department, Jullundur