Disposal of surplus rural/urban evacuee land/properties and plot, situated in Reh. Colonies-modification of policy reg.

13/11/1990

Punjab Government

Department Of Rehabilitation

From

The Financial Commissioner (Revenue)

and Secretary to Government, Punjab,

Rehabilitation Department,

Chandigarh

To

1. All the Commissioners of Divisions, Patiala, Jalandhar & Ferozepur

2. All the Deputy Commissioners in the State,

PIV/2/505/Part/9837-48, dated, Chandigarh, the 13th November, 1990.

Sub: Disposal of surplus rural/urban evacuee land/properties and plot, situated in Rehabilitation Colonies-modification of policy regarding.

Memorandum

1. The State Government have decided to make certain modifications in the extant policy regarding disposal of surplus rural/urban evacuee land/properties and vacant sites situated in the Rehabilitation Colonies. The decisions taken by the Government are listed hereunder:

(i) Transfer of rural evacuee land on the basis of possession from Rabi, 1984

(a) The reserve price of rural evacuee land falling between Bands of either sides of rivers Sutlej, Beas & Ravi and the evacuee land, situated within Border belt of8 kills., all along the International Border, has been reduced from Rs. 20,000/- & Rs. 10,000/- per acre for Chahi/Nehri and Barani Land to Rs.6,600/- & Rs. 3,300/- per acre respectively for the purpose of transfer to its occupant on the basis of possession from Rabi, 1984. The eligible members of Scheduled Castes who are in continuous cultivating possession from Rabi, 1984, will be entitled to secure the transfer of land on payment of 50% of the reduced rates i.e. Rs.3,300/-per acre for Chahi/Nehri land and Rs. 1,650/-per acre for Barani land. Similarly the Government have also reduced the reserve price of evacuee land situated outside the Bands and border belt of 8 kills. in the State of Punjab from Rs. 20,000/- & Rs.10,000/- per acre for Chahi/Nehri & Barani Land to Rs.12,000/- and Rs.6000/- per acre respectively and from the members of Scheduled Castes, the price chargeable would be 50% of the reduced rates i.e. @ Rs.6,000/­per acre for Chahi/Nehri and Rs.3,000/- per acre for Barani land. These decisions will take effect retrospectively i.e. with effect from Ist July, 1988 and the amount paid by the occupants in excess @ Rs. 20,000/-per acre for Chahi/Nehri and Rs. 10,000/- per acre for Barani land or at concessional rates in the case of the members of Scheduled Castes, will be adjusted in subsequent instalments to be paid by the transferees.

(b) The Government had invited applications from the eligible occupants of rural evacuee land for the transfer of the same on the basis of their continuous cultivating possession from Rabi, 1984 and the last date for receipt of applications was fixed as 3Oth, June, 1988. Some of the occupants who were otherwise eligible for the transfer of evacuee land on the basis of their possession from Rabi, 1984 could not submit applications in the prescribed from by the above said fixed date and in order to give another chance to such occupants, it has been decided to invite fresh applications and for the purpose the last date for receipt for applications has been fixed as 31st January, 1991 and for this purpose Press Note has been issued, a copy of which is at Annexure ‘A’. The other terms and conditions will remain the same as are applicable iii respect of the occupants who have already submitted applications by 30th June, 1988. Application forms will be supplied to the Tehsildars concerned through Deputy Commissioners. the account of which should be maintained by the Tehsildars in a separate register. Similarly, the account of applications to be submitted by the occupants will also be maintained by the Tehsildars in a separate register. The price of the land will be charged from these occupants at the reduced

Rates as indicated in the proceeding paragraph i.e. para (i) (a).

(ii) Transfer of evacuee land on the basis of possession from Kharif 1989:

(a) It has also been decided by the Government to confer ownership rights upon the unauthorized occupants of rural evacuee land provided their continuous cultivating possession from Kharif, 1989 is established from the entries appearing in the Khasra Girdawaris. Under this Scheme. area upto 3 ordinary acres inclusive of an occupant's own holding, if any, will be transferred in case the land is situated beyond 2 miles and upto 5 miles of the municipal limits, municipal corporations and notified area committee and upto 5 ordinary acres inclusive of an occupant's own holding, if any, in case the land is situated beyond 5 miles of the aforesaid limits. The price of the land should be charged @ Rs. 20.000- per acre for Chahi/Nehri land and the land irrigated by Government/Private tube-wells and @ Rs.15,000/-per acre for Barani land from the members other than the members of Scheduled Castes and Backward Classes, whereas from the occupants belonging to the members of Scheduled Castes and Backward Classes, the price of the land would be chargeable at 50% of the above rates i.e. Rs. 10,000 per acre for Chahi/Nehri land and the land irrigated by Government/Private tube-wells and Rs. 7,500/- per acre for Barani land. A Press Note in this regard has been issued and a copy of the same is appended at Annexure 'B'. The transfer of the land should be made subject to the conditions mentioned in the Press Note as well as conditions indicated in Rule 3 of the Punjab Package Deal Properties(Disposal) Rules, 1976. A new condition has also been added for these occupants which runs as under :

"Where any land has been transferred on the basis of possession from Kharif, 1989, the transferee shall not be entitled to lease. transfer, sell mortgage with possession or otherwise alienate or part with the land wholly or partially, so purchased, in any manner for a period of 20 years provided that the land may be pledged in favour of Government/Semi-Government or Banks for securing loan for effecting improvements on the above said land".

(b) Application forms are being supplied to the Tehsildars concerned through the Deputy Commissioner, the account of which would be maintained by the Tehsildar concerned in a separate register as heretofore and the applications to be submitted by the occupants in a separate register likewise, which would be subject to audit. The remaining land which would not be required for transfer to the occupants of Rabi, 1984 & Kharif, 1989 and for allotment to displaced persons in satisfaction of their claims, allotment of land to war widows of 1962, 1965, 1971 wars, sale by negotiation to the allottees, their legal heirs of bonafide vendees of the excess canceled area and sale by negotiation to Government Departments, Semi-Government Departments. Village Panchayats etc., should be sold by auction in the manners already prescribed under Rule of the Punjab Package Deal Properties (Disposal) Rule, 1976 and instructions issued in this regard subject to reserve price i.e. Rs. 20,000/-per acre for Chahi/Nehri land and the land irrigated by Government/Private tube-wells and Rs. 10,000/-per acre for Barani land.

(iii) Disposal of Banjar/Ghair-Mumkin evacuee land by auction :

(a) The Government have also decided to dispose of entire available Banjar/Ghair-mumkin evacuee land by auction subject to reserve price. Out of total available such land 40% of the land should be sold by restricted auctions amongst the members of Scheduled Castes, 10% in restricted auctions amongst the members of Backward Classes and the remaining 50% of the land by open auction in the manners laid down under Rule 6 of the Punjab Package Deal Properties (Disposal)Rules,1976.

(b) For the purpose of fixation of reserve price of Banjar/Ghair-Mumkin evacuee land, it has been decided to constitute District level Committees under the Chairmanship of the Deputy Commissioner and in his absence Additional Deputy Commissioner of the district. The other members of the Committee would be Sub-Divisional Officer (Civil) and District Agricultural Officer. The committee would determine the reserve price of each piece of Banjar/Ghair-Mumkin evacuee land and submit their proposal to the respective/Deputy Commissioner for passing final order regarding approval of the reserve price. ­

(c) Where any land has been sold in restricted auctions, the auction purchaser shall not be entitled to lease, transfer, sell, mortgage with possession, or otherwise alienate or part with the land wholly or partially, so purchased, in any manner in favour of a person who is not a member of Scheduled Castes or Backward Classes for a period of 20 years. Provided that the land may be pledged in favour of a Government or Semi-Government Departments, Corporations or Banks for securing loan for effecting improvements on the said land.

(d) No Government employee or his close relatives would be entitled to either directly or indirectly bid for or otherwise acquire or attempt to acquire any interest in such properties except with the prior permission of the Deputy Commissioner concerned.

(iv) Disposal of rural evacuee house/taurs :

(a) The Government have also revised the date of possession for the purpose of transfer of rural evacuee houses/taurs to their occupants from Ist January, 1977 to 3lst December, 1988. Under this scheme, an occupant of rural evacuee house/rnur is required to submit his application to the Tehsidars (Sales) or Naib Tehsildar(Sale) concerned by 31st January, 1991 on a plain paper giving necessary particulars of the property under his possession. The Tehsildar or the Naib Tehsildar should maintain a register for the purpose. A Press Note has also been issued inviting applications from the occupants and a copy of the same is at Annexure 'D'. The transfer of a house/taur would be subject to the terms and conditions already prescribed under rule 5 of the Punjab package Deal Properties (Disposal) Rules, 1976. A new condition has been laid down that not Government employees and their close relatives would be entitled to either directly or indirectly bid for or otherwise acquire or attempt to acquire any interest in such properties except with the prior permission of the Deputy Commissioner concerned.

(b) Under sub-rule (7) of Rule 5 of the Punjab package Deal Properties (Disposal) Rules, 1976, the T Tehsildars (Sales) or Naib Tehsildars ( Sale) are competent authorities to approve the transfer of rural properties provided the reserve price of the property is Rs 2501- or below. It has now been decided to raise the above said limit from Rs. 2501- to Rs.1,000/-. Henceforth, the Tehsildar or the Naib- Tehsildar will approve the transfer of rural property provided the reserve price of the same is Rs.l,OOO/-or below. However, where the value of the property exceeds Rs. 1,000/-the Tehsildar or the Naib- Tehsildar shall refer the case to SDO(C)-cum Sales Commissioner for approval with his recommendations.

(v) Disposal of urban evacuee properties and vacant sites situated in the Rehabilitation Colonies :

Under the extant policy, an occupant of urban evacuee house or a plot whereon construction has been raised by him is eligible to its transfer provided he is in continuous and undisputed possession of the house since Ist January, 1977 over a plot and has submitted application for the transfer of the same before 31st December, 1977. The Government have revised the date of possession from Ist January 1977 to 31^st December 1988. Under this scheme, as occupant of a urban house would be now eligible to its transfer provided he is in continuous and undisputed possession since 31st December, 1988 and in case of a plot he has raised construction thereon prior to the above said date. Eligible occupants are required to submit their applications in the prescribed forms by 31st January 1991 in pursuance of the Press Note issued by the Government, a copy of which is at Annexure 'E'. Similarly, the Government have also decided to revise the date of possession for the purpose of transfer of vacant sites, situated in the Rehabilitation Colonies from Ist January 1977 to 31st December 1988. The terms and conditions for the purpose of transfer of urban evacuee properties and vacant sites, situated in the Rehabilitation Colonies would remain the same as prescribed in the Package Deal Properties (Disposal) Rules, 1976 in respect of the Package Deal Properties and in the order dated 3Oth August 1979 issued by the Deputy Secretary (Reh.)-cum-Chief Settlement Commissioner under Rules 87 and 88 of the displaced Persons (C & R) Rules. 1955 in respect of the properties received under the Administrative and Financial Arrangements of 1970 and instructions issued on July 21, 1981 in respect of the properties, situated in the Rehabilitation Colonies and East Punjab Refugees Rehabilitation (Building & Building Sites) Act, 1948 subject to the following further modification :­

(a) The price of the properties shall be the current prevailing price which should be charged from the members other than the members of Scheduled Castes and Backward Classes, whereas from the members of Scheduled Castes and backward Classes, 50% of the current market price should be charged.

(b) The sale price for purpose of transfer of urban evacuee properties and the vacant sites situated in the Rehabilitation Colonies under the proposed scheme shall be the market price of the property prevailing of the date of application. The market price will be determined under the existing rules and the prescribed for the purpose. In case, price of a particular property by applying 10% enhancement formula does not get equated with the prevailing market price, the same could be further enhanced and fixed by/the Deputy Commissioner-cum-Chief Sales Commissioner or by the Chief Settlement Commissioner as provided under Rule 11 of the Punjab Package Deal Properties (Disposal) Rules 1976 and in the order dated the 30th August, 1979 issued by the Deputy Secretary (Reh.)-cum-Chief Settlement Commissioner as the case may be. Similarly, in case it works out at a higher level than that of the prevailing market price, the Deputy Commissioner-­cum-Chief Sales Commissioner or the Chief Settlement Commissioner would be competent to reduce and fix at the level of the market price prevailing in respect of the said property under the new amended policy.

( c) The property should be transferred to its occupant under the new proposed policy only to those occupants who furnish necessary proof of occupation of he property i.e. Electricity Meter connection, Water Supply connection, Ration Card etc. showing that the property sought for transfer by an occupant is under his possession since 31^st December 1988.

­

(d) The properties which are not transferable on the basis of possession from 31st December, 1988 under the new scheme as well as vacant sites situated in the Rehabilitation Colonies should be sold in open auction subject to the reserve price. The reserve price shall be the prevailing current market price of the preceding year of the date of auction. Where the reserve price in respect of any property had been fixed either by the Settlement Organization of the Government of India or by any functionaries, under the Rules, the said price shall be further re-fixed/enhanced by 10% per year in accordance with the procedure as laid down under Rule 11 of the Punjab Package Deal properties (Disposal) Rules, 1976 and in the order dated 3Oth August, 1979 issued by the Deputy Secretary (Reh. )-cum-Chief Settlement Commissioner under Rules 87 & 88 of the Displaced persons (C&R) Rules, 1955 as the case may be, before any property is disposed of finally by auction.

(e) Under the extant policy, it was decided by the Government-in-council in their meeting held on 23rd November 1987 that urban evacuee land should be sold by carving out plots of 300 Sq. Mtrs. Size for residential purposes and above 300 Sq Mtrs size for commercial purposes subject to reserve price to be fixed by the Financial Commissioner (Revenue). The procedure for fixation of reserve price at the level of Financial Commissioner (Revenue) has been done away and powers for fixation of reserve price decentralized. The reserve price shall now be determined by a District Level Committee, under the Chairmanship of the Deputy Commissioner or the Additional Deputy Commissioner, as the case may be. as its Chairman. The other members of the committee would be Divisional Town Planners, . Sub-Divisional Officers (Civil) and Deputy Director Local ­Bodies/Commissioner of the Corporation. The committee will submit his recommendation to the Divisional Commissioner concerned, who will be the final authority to accord necessary approval to the fixation of reserve price.

(f) A new condition has also been laid down that no Government employee or his close relatives would be entitled to either directly or indirectly bid for,or otherwise acquire or attempt to acquire any interest in urban evacuee property/land except with the prior permission of the Deputy Commissioner concerned.

(vi) Enhancement of rate of rent chargeable from the unauthorized occupants for use and occupation of rural and urban evacuee agricultural land :

The Government have also decided to enhance the rate of rent chargeable from the unauthorized occupants for use and occupation of rural/urban evacuee agricultural land. The new rates would be Rs. 250/- per acre, per harvest instead of Rs. 40/- per acre, per harvest, in respect of rural evacuee agricultural land and Rs. 1,000/- per acre per harvest, instead of Rs. 160/- per acre, per harvest in respect of urban evacuee agricultural land. From the members of Scheduled Castes and Rai Sikhs, amount @ Rs. 125/- per acre, per harvest, for unauthorized use and occupation of rural evacuee agricultural land and @ Rs.500/- per acre, per harvest for urban evacuee agricultural land should be charged hereafter.

2. Necessary amendments in the Punjab Package Deal Properties (Disposal) Rules, 1976, etc. and other relevant rules, are being carried out to incorporate the above said decisions and copies of the same will be supplied in due course.

3. Necessary arrangement should also be made for making wide publicity especially with regard to the decisions taken in respect of transfer of rural evacuee land on the basis of possession, transfer of rural and urban evacuee houses/plots. Publicity can be got made through the village Patwari in each village advising the unauthorized occupants of rural evacuee land and houses/plots to file their applications by 31st January 1991 and rapats with regard to the same entered in the Roznamcha Waqiati. As regards decisions reg, inviting applications for the transfer of urban evacuee houses and plots on the basis of possession publicity should be made in each Town in your Division/District through all available sources.

4. It should be ensured that these instructions are complied with meticulously and any deviation shall be viewed seriously.

5. The receipt of the instructions may be acknowledged

(HS Sandhu)

Deputy Secretary (Reh.)

For Financial Commissioner (Revenue) &

Secretary to Government Punjab,

Revenue & Rehabilitation Department

Annexure A

Press Note

Application for the transfer of Rural Evacuee Land to the sitting occupants of Rabi, 1984

Last date for the receipt of applications has been extended upto 31-1-1991

The Punjab Government has now decided that fresh applications should be invited enabling the occupants who could not apply earlier to apply now for the transfer of rural evacuee land under their possession since Rabi, 1984. The price of land will be charged as follows :

­

(i) Rs. 6,600/- per acre for Chahi/Nehri, land and Rs. 3,300/- per acre for barani land falling between Bands either side of rivers Sutlej, Beas & Ravi and 8 kms. border belt of all along International Border.

(ii) Rs. 12,000/-per acre for Chahi/Nehri land and Rs. 6,000/- per acre for Barani land, which does not fall under the categories mentioned at (i) above.

(iii) The members of Scheduled Castes will be eligible to pay the price at the rate of 50% of the rates indicated at (i) and (ii) above.

The occupants who consider themselves eligible to the transfer of land occupied by them under the terms and conditions prescribed vide Press Note dated 23rd November 1987 and relevant rules, should submit their applications in the prescribed form to the Tehsildar (Mahal)-cum-Sales of their respective Tehsils by 31st January 1991 positively. The prescribed form can be obtained from the Tehsil Office, free of cost.

2. The persons who have already applied by 30th June 1988 in the prescribed form need not apply again.

3 The applications received after the aforesaid date would not be entered.

ISSUED BY THE REHABILITATION DEPARTMENT, PUNJAB

Dated, Chandigarh, the 27th & 28th September, 1990

Annexure B

Press Note

1. The latest policy announced by the Government on October 26, 1990, pertains to the transfer of rural evacuee land, to occupants on the basis of their continuous cultivating possession since Kharif, 1989 upto a maximum of 3 ordinary acres if the land is situated beyond 2 miles and upto 5 miles from the limits of a Municipal Committee, Municipal Corporation, Notified Area Committee and upto a maximum of 5 ordinary acres when situated beyond 5 miles of the aforesaid limits inclusive of an occupant's own holding, if any, other terms and conditions remaining the same excepting the following new conditions: ­

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

From Scheduled Castes From other than the Scheduled & Scheduled Castes &

Backward Classes Backward Classes

___________________ _____________________

(a) For Chahi/Nehri land & @ Rs. 10,000/­ @ Rs. 20,000/- per acre

the land irrigated by per

acre Private or Govt.

Tube-wells.

(b) For Barani land @ Rs.7,500/­ @ Rs.15,000/-per acre

per acre

II Corrections of the Khasra Girdawari secured after 26th October 1990 shall not be taken into consideration.

III Any part or whole of the holding, if transferred or acquired from any source by an occupant, his wife, or his dependent children in any manner after 26th October, 1990 and before the decision of his application shall be deemed to a part of his holding.

2 The transferee shall not be entitled to lease, transfer, sell, mortgage with possession or otherwise alienate or part with the land wholly or partially, so purchased, in any manner for a period of 20 years, provided that the land may be pledged in favour of Government/Semi-Government Departments, financial institutions and Banks for securing loan for effecting improvements on the above said land.

3. Eligible occupants should submit their applications in a prescribed form to the Tehsildar (Mahal)-cum-Sales of their respective Tehsils by 31st January, 1991 positively The prescribed forms can be obtained from the Tehsil Offices free of cost. Applications received after the aforesaid date shall not be entertained.

ISSUED BY THE GOVERNMENT IN THE REHABILITATION DEPARTMENT, PUNJAB.

Dated, Chandigarh, the 26th October 1990.

ANNEXURE D

PRESS NOTE

The Department of Rehabilitation has extended the date of occupation of rural evacuee houses and taurs for the purpose of transfer thereof to unauthorized occupants on the basis of their possession from Ist January 1977 to 31st December 1988; other conditions remaining same.

2. No Government Employee or any member of his family, his parents, brothers and sisters shall either directly or indirectly bid for, or otherwise acquire or attempt to acquire any interest in evacuee property except with the prior permission of the Deputy Commissioner of the district in which the property is situated.

3. Eligible occupants are advised to file applications on a plain paper giving full particulars of the property under their possession to the Tesildar (Mahal)-cum-Sales or Naib-Tehsildar(Mahal)-cum-Sales concerned by 31st January, 1991 positively.

4. Applications received after the aforesaid date shall not be entered.

ISSUED BY THE REHABILITATION DEPARTMENT, PUNJAB.

Dated, Chandigarh, the 26the October, 1990

ANNEXURE E

PRESS NOTE

1. The Department of Rehabilitation have recently extended the date of occupation of urban package deal, financial & administrative arrangement properties and properties situated in the Rehabilitation Colonies for the purpose of transfer thereof to the unauthorized occupants on the basis of their possession, from January 1, 1977 to December 31, 1988. Likewise, the date of construction on these vacant plots has also been extended to 31st December 1988, subject to the following modifications in the existing terms and conditions :­

(i) The occupant shall have to furnish electricity meter connection bills, water supply connection bills, ration card etc. in token of proof of his possession.

(ii) The property shall be transferred, at the prevailing market price as on the date of application to be filed by an occupant. From the members of Scheduled Castes and Backward Classes 50% of the market price shall be chargeable.

(iii) No Government employee or any member of his family, his parents, brothers and sisters shall either directly or indirectly bid for, or otherwise acquire or attempt to require any interest in evacuee properties except with prior permission of the Deputy Commissioner concerned.

2. Eligible occupants should submit their applications for the transfer of urban properties under their possession, on a prescribed form, obtainable free of cost from the office of the Tehsildar (Mahal} concerned by January 31, 1991 positively.

3. The persons who have applied after 31 st December, 1977 are also required to apply again on the prescribed form

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

ISSUED BY THE REHABILITATION DEPARTMENT, PUNJAB

Dated, Chandigarh, the 26th October 1990.