Inferior Evacuee Land

A.Definition: Land purchased by Punjab Government from Central Government in the year 1960. This land is recorded in the ownership of provincial government (rehabilitation department) in the jamabandis. The disposal of this land is not covered under the Package Deal Property Act/Rules. (Instruction No. 2(205)/Policy-Part-III/G-5/7686-7737 dated 16/3/79).

B.Instructions :

Memo No. 841/JN(IV)-61/3699 dated 29/8/61

Memo No.3/7/1978LR-I/14529, dated 10/7/1979

Memo No. 3/7/78-LR-I(IV)/7899 dated 5/6/1981

Memo No. 14/26/81-LR-3/1716, dated 20/2/1984

Memo No. 14/26/81-LR-3/9324, dated 4/9/1984

Memo No.3/1/84-LR-I/10920 dated 17/6/1988

Memo No. 3/1/84-LR-I/15245 dated 22/8/1988

Memo No. 3/1/84-LR-3/8834, dated 24/12/1993

Memo No. 3/3/97-LR-3/2857, dated 17/4/1997

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

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

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

3.Methods of Disposal: The inferior evacuee land can be divided into 5 categories for the purpose of disposal :

• TRANSFER OF RURAL AGRICULTURAL INFERIOR EVACUEE LAND TO LESSEES
• TRANSFER OF RURAL AGRICULTURAL INFERIOR EVACUEE LAND TO UNAUTHORIZED OCCUPANTS
• SALE OF RURAL INFERIOR EVACUEE LAND THROUGH RESTRICTED AUCTION TO SCs
• TRANSFER OF BANJAR/GHAIR MUMKIN INFERIOR EVACUEE LAND
• URBAN PROVINCIAL GOVT LANDS ON WHICH PUCCA CONSTRUCTION RAISED
• DISPOSAL OF URBAN/SUB URBAN INFERIOR EVACUEE LANDS

• Rules/Instructions- Instruction dated 29/8/61, 5/6/81, 17/6/88, 22/8/88, 24/12/93.
• Category – Inferior evacuee land situated in rural areas that is beyond 3.2 km from Class A MC limits, 1.6 km from Class B MC limits and 0.8 km from Class CMC limits. (Para 1(vii) of instructions dated 24/12/93, Para 4 of instructions dated 17/6/88)
• Mode of disposal –Allotment to lessees who had taken land on lease under instructions dated 29/8/61.
• Eligibility – 50 % to Harijans; 50 % to landless BC, Christians, Ex-Servicemen i.e. who are lessees. (Para 4 of instructions dated 29/8/61)
• Maximum area that can be allotted –12 ½ acres. The lessees were required to purchase it after 5 years and if they didn’t purchase it then the land lease was to be cancelled and possession taken. (Para 4(d) of instructions dated 29/8/61)
• Officer competent to transfer the land –District Collector
• Alienation – No restriction
• Price fixation – Rs.40 per acre – Banjar

- Rs 25 per acre – Ghairmumkin ( Para 4(c))

• Recovery –Lump sum or in 4 equal installments. (Para 4(c))
• Penalty for non payment – Cancellation of lease (Para 1.5 – Instructions dated 5/6/1981)
• Remarks –

(i)The lessee was required to bring ¼ of land under cultivation within first 3 years and the remaining ¾ within next 2 years.

• The lessees were required to bring the entire land under cultivation within 5 years.
• DC is competent to condone any breach of conditions of lease as per 1961 instructions.
• The government vide its instructions dated 10/7/1979 (para 1(i)) granted them a period of one month to purchase the land.
• The government vide its instructions dated 17/6/1988 (para 1) granted them another period of 45 days to purchase the land.
• The government vide its latest instructions dated 24/12/1993 (para 1(i)) granted them a period of 45 days for purchase of the inferior evacuee land leased out to them. No further time has been given to the lessees.

• Rules/Instructions- Instruction dated 10/7/79, (Rabi 1976)

5/6/81,

17/6/88, (Rabi 1984)

22/8/88,

24/12/93, (Kharif 1989)

17/4/97(Kharif 1994)

21/12/2001(Kharif 1994)

• Category – Inferior evacuee (agriculture) land situated in rural areas that is beyond 3.2 km from Class A MC limits, 1.6 km from Class B MC limits and 0.8 km from Class-C MC limits. (Para 1 (vii) of instructions dated 24/12/93, Para 4 of instructions dated 17/6/88)
• Mode of disposal –Allotment to unauthorized occupants who are in continuous and undisputed possession since Kharif 1994. (Instructions dated 17/4/1997, 21/12/2001)
• Eligibility – Unauthorised occupants in possession since Kharif 1994. Khasra Girdawari corrected after 16/4/97 will not be treated as valid. (Instructions dated 11/7/97)
• Maximum area that can be allotted –10 acres (inclusive own holdings) if situated beyond 5 miles of MC limits, 3 acres (inclusive own holdings) if situated beyond 2 miles but upto 5 miles of MC limits. (Para iv of instructions dated 17/4/1997, Para 4(i) of instructions dated 21/12/2001)
• Officer competent to transfer the land – Tahsildar/Naib Tahsildar with the approval of the SDM. (Same as rural evacuee land)
• Alienation – No alienation for a period of 20 years. ( Para 1(iv)of instructions dated 24/12/1993 )
• Price fixation – Rs.7000 per acres for General Category
  • Rs.6000 per acre for SC/BC (Para v of instructions dated 17/4/1997, Para 4(i) of instructions dated 21/12/2001)
• Recovery –Lump sum within 6 months from the date of transfer. ( Para v of instructions dated 17/4/1997 )
• Penalty for non-payment – No grant of P rights and no transfer.
• Remarks – (i) The applicant must be head of the family. ( Para 1 (i) of instructions dated 24/12/1993)

• Damages at the rate of Rs 250 per acre per harvest from Kharif 1994 to be recovered. ( Para 1(vii) of instructions dated 17/4/1997)
• New application must be submitted by 31/1/2002, Special opportunity was given to those persons who were eligible for allotment under 17/4/1997 instructions but count not apply)

• Rules/Instructions- Instruction dated 5/6/81, 17/6/88, 22/8/88, 24/12/93, 17/4/97
• Category – Inferior evacuee (agricultural) land which is not transferred to unauthorised occupants as per Para 2 above.Rural land means land situated in rural areas that is beyond 3.2 km from Class A MC limits, 1.6 km from Class B MC limits and 0.8 km from Class CMC limits. ( Para 1(viii) of instructions dated 24/12/93, Para 4 of instructions dated 17/6/88 )
• Mode of disposal – Sale through restricted auction to SCs ( Para 1(viii) of instructions dated 24/12/1993)
• Eligibility – Schedule Castes ( Para 1(viii) of instructions dated 24/12/93)
• Maximum area that can be allotted –10 ordinary acres including own holding (Para 3.1 of instructions dated 5/6/1981) (Originally the auction was restricted to landless SCs and the area was 10 acres)
• Officer competent to transfer the land – Tahsildar to conduct the auction and DC to approve it. (III (i),(xi) of Annexure attached to instructions dated 5/6/1981)
• Alienation – No alienation to non SC members for 20 years. ( para 1(v) of instructions dated 24/12/1993, para V(i) of Annexure with instructions dated 5/6/81)
• Price fixation – Rs.20,000 per acre for Chahi / Nehri

- Rs.15,000 per acre for Barani ( Para 1(iv),(viii) ofinstructions 24/12/93)

• Recovery – 25 % of the price at the time of bid and the remaining 75 % in 3 equal installments with 7 % interest. ( Para III (ix), (xii) of Annexure attached with instructions dated 5/6/1981 )
• Penalty for non payment – Default of 2 successive installments – Tahsildar to cancel the sale and forfeit the amount already deposited. ( Para III (xiii) of Annexure Attached with instructions dated 5/6/1981 )
• Remarks –(1) Sale certificate to be issued after payment of entire money. ( Para III (xiv) of Annexure attached with instructions dated 5/6/1981)

(2) Cultivation through SC members (Para V(ii) of Annexure dated 5/6/81)

• Rules/Instructions- Instruction dated 5/6/81, 17/6/88, 22/8/88, 24/12/93, 4/9/84.
• Category – Inferior evacuee land situated in rural area and recorded as Banjar or Ghairmumkin in the land records. Rural land means land situated in rural areas that is beyond 3.2 km from Class A MC limits, 1.6 km from Class B MC limits and 0.8 km from Class C MC limits. ( Para 1(viii) of instructions dated 24/12/93, 17/6/88 )
• Mode of disposal – 50 % of land in a village- through open auction
  • 40 % of land in a village through restricted auction to SCs
  • 10 % of land in a village through restricted auction to BCs

( Para 1(v) of instructions dated 24/12/1993)

• Eligibility –General category, SCs, BCs
• Maximum area that can be allotted –10 acres including own holding (Para 3.1 of instructions dated 5/6/1981)
• Officer competent to transfer the land – Tahsildar/Naib Tehsildar to conduct the auction and DC to approve it. (III (i), (xi) of Annexure attached to instructions dated 5/6/1981)
• Alienation –Open auction : No restriction

- Restricted auction : No alienation to non SC/BCmembers for 20years. (para 1(v) of instructions dated 24/12/1993, para V(i) pf Annexure with instructions dated 5/6/81)

• Price fixation – Reserve price to be fixed by a committee of DC/ADC , SDM and DAO and approved by the Commissioner. ( Para 1(v) of instructions dated 24/12/1993)
• Recovery – Restricted Auction:25 % of the price at the time of bid and the remaining 75 % in 3 equal installments with 7 % interest. (Para III (ix), (xii) of Annexure attached with instructions dated 5/6/1981 )

Open Auction:25 % of the price at the time of bid and the remaining 75 % within 15 days of auction. (Rule 6 (vii) (viii) of Punjab Package Deal Properties Rules 1976. (Not prescribed, should be as per Evacuee Agriculture Lands, Para 4 (8) of this document).

• Penalty for non-payment – Default of 2 successive installments – Tahsildar to cancel the sale and forfeit the amount already deposited. (Para III (xiii) of Annexure Attached with instructions dated 5/6/1981)
• Remarks – Sale certificate to be issued after payment of entire money. ( Para III (xiv) of Annexure attached with instructions dated 5/6/1981)

TRANSFER OF URBAN GOVERNMENT NAZOOL / EVACUEE / INFERIOR EVACUEE LAND ON WHICH PUCCA CONSTRUCTION HAS BEEN RAISED BEFORE 1/1/1996.

1.Rules / Instructions: Govt. instruction dated 23/8/2001.

2.Category: - Land of any type i.e. Government, Nazool, Evacuee and Inferior Evacuee.

-Pucca construction raised before 1/1/1996 and continuous possession since then.

-Situated within MC limit, (Para 2 of instructions dated 23/8/2001)

3.Mode of disposal- Transfer to unauthorised occupant (Para 2 of instructions dated 23/8/2001).

4.Eligibility: - -Pucca construction raised before 1/1/996 (Para 2 of instructions dated 23/8/2001).

-Continuous possession since 1/1/1996 (Para 2 of instructions dated 23/8/2001)

-Submitted application by 23/10/2001 (Para 9 of instructions dated 23/8/2001)

-Only one property can be transferred (Para 3 of instructions dated 23/8/2001)

5.Maximum area that can be allotted: -No restriction (Para 4 of instructions dated 23/8/2001)

6.Officer competent to transfer the property: - Tahsildar to recommend and SDM to allot the land. Appeal to Deputy Commissioner ( Para 7, 8, 13 of instructions dated 23/8/2001)

7.Alienation: - No restriction (Para 14, 15 of instructions dated 23/8/2001).

8.Rate and price fixation: The following rate to be charged:

(Para 4 of instructions dated 23/8/2001)

The market rate of the land will be determined by a committee headed by Deputy Commissioner. (Para 5 of instructions dated 23/8/2001)

9.Recovery: - ¼ of price within 1 month of offer of allotment.

- ¾ of price 10 six monthly installments (Para 6 of instructions dated

23/8/2001).

10.Penalty of non payment: - No allotment.

11.Remarks :(1)Pucca construction and continuous possession to be supported by Electricity, Water Bill etc. (Para 2 of instructions dated 23/8/2001)

(2)P-Rights to be given and registered after recovery of full price.(Para 14, 15 of instructions dated 23/8/2001)

Last date of applications – Dated 23/10/2001

(Para 9 of instructions dated 23/8/2001).

(1)The inferior evacuee land situated in urban /sub urban areas shallbe disposed of in the following manner :

A.Transfer to other departments

B.Transfer to MC/PSUs

C.Open Auction

(2)Definition - The land situated in urban/sub-urban means land situated within the municipal limits and:

• -For Class ‘A’ MC – land situated within a distance of 3.2 kms from the municipal limits.
• -For Class ‘B’ MC –land situated within a distance of 1.6 kms from the municipal limits.
• -For Class ‘C’ MC/Nagar Panchayat - Land situated within a distance of 0.8 kms from the municipal limits.

(Para 1(vii) of instructions dated 24/12/1993 and para 4 of instructions 17/6/1988)

(3)Before the land in urban or sub urban areas is sold by open auction, it needs to be carefully examined whether the land is required by any Government Department, Municipal Council and Improvement Trust, PSUs for any public purpose immediately or in the near future. In order to ensure that Government land is disposed of with proper care a committee headed by DC is constituted to determine whether any particular piece of land is required for the purpose of any Government Department or for providing civic amenities in the municipal areas. Only the land which according to this committee is not required for any such purposes and is not likely to be so required in future may be disposed of in public auction (Para 11 instructions dated 20/2/84).

A.TRANSFER TO OTHER DEPARTMENTS

• Rules/Instructions – Instructions dated 20/2/84, 4/9/84 and FCR SO 28
• Category – Urban and sub urban inferior evacuee lands. ( See definition above )
• Mode of disposal – Retain the land for Revenue Department if it is required. If not required then transfer it to the other department for whose scheme it is required. (Para 3,4(a) of instructions 20/2/84).
• Eligibility – All departments.
• Maximum area that can be allotted – No restriction.
• Officer competent to transfer the land –FCR : if no objection fromeither 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)
• Alienation – No restrictions.
• Fixation of Price –
  • Land will be transferred free of cost to the Punjab government departments (except the departments of colonization, irrigation, power)

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)

• The market 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)

• Recovery: Debit/Credit, Cash Payment (Para 6A-2, 6A-3, 6B, 6C of SO 28)
• Penalty for non payment – NA
• Remarks– DC to submit a self contained proposal to FCR (Para 13 of instructions dated 20/2/84).

BTRANSFER TO MC/PSUs

• Rules/Instructions – Instructions dated 20/2/84 and 4/9/84, FCR SO 28.
• Category – Urban and sub-urban inferior evacuee lands situated. (See definition above )
• Mode of disposal – Transfer to MCs, Improvement Trusts and PSUs (Para 4(b) of instructions 20/2/84).
• Eligibility – MCs, Improvement Trusts, Public Sector Undertakings, Cooperative Institutions.
• Maximum area that can be allotted – No restriction.
• Officer competent to transfer the land –FCR: if no objection from the either department and payment is being made. -CMM/CM : in case of dispute/objection and in case land is being transferred free of cost . (para 6 of FCR SO 28)
• Alienation – No restrictions.
• Fixation of Price – Price will be the current 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, para 4(b) of instructions dated 20/2/84)
• Recovery: Lump-sum through cheque /draft
• Penalty for non payment –
• Remarks– DC to submit a self contained proposal to FCR (Para 13 of instructions dated 20/2/84).

COPEN AUCTION

• Rules/Instructions – Instructions dated 20/2/84, 4/9/84 and 29/8/85, FCR SO 28
• Category – Urban/sub urban inferior evacuee lands. (See definition above)
• Mode of disposal – Open auction (Para 4 (c) of instructions 20/2/84).
• Eligibility – If land is not required by the Government Departments, MCs, PSUs (Para 4, 11 of instructions dated 20/2/84).
• Maximum area that can be allotted – No restriction.
• Officer competent to transfer the land –Approval of FCR required before putting the land to auction (instruction dated 29/8/85). State Government to approve the auction. (Para 2 of instructions dated 4/9/84).
• Alienation – No restrictions.
• Fixation of Price – Reserve Price will bethe 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, para 4(c) of instructions dated 20/2/84)
• Recovery: 25 % at the time of bid ( Para 3 (ix) of instructions dated 4/9/84), remaining 75 % within 15 days of acceptance of bid. (Para 3 (xiii) of instructions dated 4/9/84)
• Penalty for non payment – If full payment is not received within 15 days, DC shall cancel the sale and forfeit the amount already paid. (Para 3 (xiv) of instructions dated 4/9/84).
• Remarks– (i)ADC/SDM to supervise the auction. (Para –3 (vi) of instructions dated 4/9/84)
  • DC to put the bidder to possession after deposit of full payment, (Para 3 (xiii), 9 (i) of instructions dated 4/9/84).
  • The Sale Certificate conferring the P rights shall be issued on full payment (Para 9 (i) of instructions dated 4/9/84).
  • Conveyance deed to be registered and mutation to be sanctioned. (Para 9 (ii) (iii) of instructions dated 4/9/84).
  • District Collector can be approached for setting aside the auction and sale. (Para 5 of instructions dated 4/9/84)