Disposal of surplus rural evacuee agriculture land

Punjab government Department of Rehabilitation

From

The Financial Commissioner Revenue and

Secretary to Government Punjab,

Rehabilitation Department.

To

All the deputy Commissioners in the state.

No.2(505)Policy-Part-III/G-5/7257-7268

Dated, Jalandhar the 10/3/1989

Sub: Disposal of surplus rural evacuee agricultural land.

Memorandum:

The State Government has modified the policy with regard to the disposal of surplus rural evacuee agricultural land. The main decisions are mentioned in Annexure-I. One of the decisions pertains to the transfer of land to a sitting occupant upto the limit of 10 ordinary acres, inclusive of the land already owned by him, provided his cultivating possession is established to be continuous from Rabi 1978 and he is head of his family. A Press Note to this effect has been issued. April 15, 1980 has been prescribed as the last date for receipt of applications from the eligible occupants. A copy of the Press Note (English and Punjabi) is enclosed at Annexure-II. The Tehsildars (Mahal)cum-Sales/Naib Tehsildar (Mahal)-cum-Sales, should be asked to ensure proper publicity of this decision in each village atleast once a week upto April 15, 1980 through the village Patwaris and reports with regard to the same be entered in the Roznamcha Waqiati.

2. The form of application to be tendered by eligible occupants has been prescribed and is being supplied to all the Tehsildars (Mahal)-cum-Sales/Naib Tehsildar (Mahal)-cum-Sales in the State, duly numbered for distribution free of cost, among the eligible occupants. A proper account of these forms should be kept by the Tehsildar (Mahal)-cum-Sales/Naib Tehsildar (Mahal)-cum-Sales and the unused forms should be returned to this office after the expiry of the date prescribed, for the receipt of applications. All applications, received in a Tehsil/Sub Tehsil Office, shall be entered in a chronological order daily, in a separate Register duty page marked and bearing certificate of the Tehsildar (Mahal)-cum-Sales/Naib Tehsildar (Mahal)-cum-Sales concerned, recording the total number of pages of the Register(s). On receipt of an application, whether by post or by hand, official receiving the application will give, on top of the application, its receipt number and the date on which it was received and the same shall be initiated by the Tehsildar (Mahal)-cum-Sales/Naib Tehsildar (Mahal)-cum-Sales concerned. All applications received upto the date shall be entered in the Register. The Tehsildar (Mahal)-cum-Sales/Naib Tehsildar (Mahal)-cum-Sales incharge, shall then record a certificate at the end, indicating the total number received within time. The applications received after the prescribed date shall be entered in the same Register after the Tehsildar (Mahal)-cum-Sales/Naib Tehsildar (Mahal)-cum-Sales has recorded the above certificate. The procedure, for scrutiny and disposal of these applications has already been prescribed in the Punjab Package Deal Properties (Disposal) Rules of 1976 read with the Punjab Package Deal Properties (Disposal) Amendment Rules, 1979 and the same should be followed meticulously.

3. The new policy, besides transferring the land to the sitting occupants, as described above, envisages the disposal of the remaining land by way of open and restricted auctions, excluding certain categories of lands.

4. The type of the land, which has to be disposed of by Restricted and Open Auctions, has been mentioned in part (C) and (D) respectively of Annexure-I.

5. The work regarding sale of land has to be completed in two phases. In the first phase, the transfer of land, on the basis of possession, would be completed. In the second phase, the sale by auction, restricted as well as open, will be taken in hand and all out efforts should be made to complete it within a period of six months. You may please issue necessary directions to the Tehsildar (Mahal)-cum-Sales/Naib Tehsildar (Mahal)-cum-Sales for the completion of the work, particularly, the first phase. It must be impressed upon that Government would not brook any laxity in this work and, therefore, it would be undertaken as a special drive. It is, therefore, requested that the Tehsildar (Mahal)-cum-Sales/Naib Tehsildar (Mahal)-cum-Sales should be directed to take in hand the work in right earnestness so that it is completed within the minimum period but not later than the 30^th June, 1980.

6. The receipt of this communication be acknowledged.

Sd/-Deputy Secretary

For Financial Commissioner (Revenue) and

Secretary to Government Punjab,

Rehabilitation Department.

ANNEXURE-I

MAIN DEVISIONS

(A) Transfer on the basis of possession:

(i)The cultivated land shall be transferred to a sitting occupant upto the limit of 10 ordinary acres, inclusive of the land already owned by him, his wife or his dependent children, provided he is head of his family and his cultivating possession is established to be continuous and undisputed from the entries in the Khasra Girdawari from Rabi 1978;

(ii)The price of the land shall be charged at the following rates:

The occupants shall be liable to pay, in lump sum or under special orders, in instalments, the arrears on account of rent/damages of the land under their unauthorised possession, alongwith the first instalment. The transfer of land to a sitting occupant may not be refused for the reason of non payment of arrears. In a case, in which an occupant is unable to pay full amount of arrears of rent in instalments for the reason of his lean financial condition or other unavoidable circumstances beyond his control, the unpaid amount of arrears be created as a first charge on the land transferred to him.

(B) Allotment to unsatisfied displaced land holders:

The land which is not transferred, on the basis of possession, shall be utilized for allotment to unsatisfied displaced land holders of Punjabi and non Punjabi extraction under the provisions of the Displaced Person (Compensation and Rehabilitation) Act 1954 and the Rules framed thereunder and the permanently disabled soldiers etc.

(C) Sale of land in Restricted auctions:

The remaining cultivated land, excluding (A) (i) the land falling under the following excepted categories:

(1) The lands retrieved by the Directory Organisation set up by the State Rehabilitation Department, or cancelled from the allotment of displaced land holders;

(2) lands which are sub urban or potential residential or commercial sites or are under gardens or fall within garden colonies.

(3) small fragments of land not exceeding 2 acres which are inaccessible and are surrounded by the holdings of owners and

(4) lands already sold in open auction, but the sale of which has been set aside by a competent authority.

(i)required for any public purpose shall be disposed of by auction, restricted to the landless members of the scheduled castes, who have no other means of livelihood and who are tenants, sepis, sanjhis or agricultural labourers depending upon agriculture for their livelihood, on the following broad conditions :

(1) Only a head of the family will be eligible to take part in the auction and purchase land upto 10 ordinary acres.

(2) A successful scheduled castes auction purchaser shall be liable to pay 5% of the bid money at the fall of the hammer and the balance amount in 19 half yearly interest free equated instalments.

(3) A successful scheduled castes auction purchaser shall not be eligible to lease, transfer, sale mortgage or part with the land, so purchased in any manner, in favour of a person who is not member of the scheduled castes, for a period of 20 years. As a safeguard against alienate of the land thus purchased, lumpsum price of the land shall not be accepted from any purchase.

(4) No Government servant or his dependent shall be eligible to purchase the land in restricted auction. Scheduled Castes M.Ps., and M.L.As. shall however be eligible to purchase the land provided they fulfil other conditions.

(D) Sale of land in open auction:

Land falling under the excepted categories Ghair Mumkin and Banjar land, which is fit for reclamation or which is not transferred to the Forest Department for afforestation, or village Panchayats, shall be disposed of by open auction.

(E) Sale of land by negotiation:

(i)Land cancelled from the allotment of a displaced land holder which is opted for purchase by the allottee or his bonafide vendee, shall be sold to him, by negotiation at the current market price.

(ii)Land required for public purposes shall also be sold by negotiation, as the rates prescribed by the Government.

ANNEXURE-II

PUNJAB GOVERNMENT

DEPARTMENT OF REHABILITATION

PRESS NOTE

The latest policy of Government with regard to disposal of surplus rural evacuee agricultural land has been announced on February 26, 1980. One of the decisions pertains to the transfer of the land on the basis of possession to the occupants upto 10 ordinary acres each, inclusive of an occupants own holding, if any, on the following main conditions:

I. (i) The cultivating possession of an occupants is established to be continuous and undisputed from the entries in the Khasra Girdawari from Rabi 1978 and

(ii) He is head of his family.

II. An occupants own holding shall include;

(a)the land owned by him his wife and his dependent children; and

(b)any nazool or inferior evacuee land purchased from the Revenue Department on instalment basis or otherwise, even if it is not fully paid.

III. The price of the land shall be charged at the following rates:

(a) Scheduled Castes:

For all types of land….Rs. 200 per ordinary acre.

(b) Non Scheduled Castes:

(i)Chahi, Nehri….Rs.2000 per ordinary acre.

(ii)Barani, Salaibi etc…Rs. 1000 per ordinary acre.

Where any cultivated land is not commanded by any evacuee well or source of irrigation provided by Government, the price of the land shall be charged at ‘Barani’ rates.

IV. The cultivating possession shall be determined strictly on the basis of the entries appearing in the Khasra Girdawari. Doubtful and tampered with Khasra Girdawaris shall be ignored. Similarly corrections of the Khasra Girdawaris secured after February 26, 1980 shall not be taken into consideration.

V. The price of land shall be recovered in 5 annual equated instalments with interest at 7% per annum, the first instalment payable at the time of the transfer.

VI. The occupants shall be liable to pay, in lumpsum or under specific orders, made by the Sub Divisional Officer (Civil) sum Sales Commissioner, in instalments arrears on account of rent/damages, of the land occupied by them alongwith the price of the land, but the number of instalments shall in no case exceed the number in which the price of land is recoverable.

VII. The following occupants shall not be entitled to the transfer of the land;

(i)a minor or such woman whose husband is alive but is not disable or incapacitated;

(ii)an allottee or his vendee, the allotment whereof has been cancelled; and

(iii)who has already purchased surplus rural evacuee agricultural land on the basis of possession or in restricted auction and has disposed of the same or has ceased to be entitled to hold the land by reasons of default in the terms and conditions of the transfer of sale.

2. The occupants who consider themselves eligible to the transfer of the land occupied by them, in terms of the above conditions should submit their applications in a prescribed form to the Tehsildar (Mahal) cum Sales/Naib Tehsildar (Mahal) cum Sales of their respective Tehsils/Sub Tehsils by the 15^th of April, 1980 positively. The prescribed forms can be obtained from the Tehsil Offices; free of cost.

3. Applications received after the aforesaid date shall not be entertained.

Dated, Chandigarh the Issued by the Government

February 26, 1980. in the Rehabilitation Department