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  2. Nazool Land

Nazool Land

A. Definition : Land escheated to the state government under section 29 of The Hindu Succession Act 1956.

B. Rules / Instructions : Nazool Land (Transfer) Rules 1956

FCR Standing Order No. 28

Memo 14/26/81-LR-III/1716 dated 20/2/1984

Memo 14/26/81-LR-III/9324 dated 4/9/1984

Memo 26/59/85-LR-III/11543 dated 29/8/1985

Memo 26/60/98-LR-III/5584 dated 23/8/2001

C. Methods of Disposal: For the purpose of disposal the nazool land can be divided into 5 categories:

1. TRANSFER OF RURAL NAZOOL LAND TO SC/BC MEMBERS

2. TRANSFER OF RURAL NAZOOL LAND TO SC CO-OPERATIVE SOCIETY

3. SALE OF RURAL NAZOOL LAND IN RESTRICTED AUCTION

4. NAZOOL HOUSES/HOUSE SITES

5. URBAN NAZOOL LAND ON WHICH PUCCA CONSTRUCTION RAISE

6. URBAN/SUB-URBAN NAZOOL LANDS

1. TRANSFER OF RURAL NAZOOL LAND TO SC/BC MEMBERS

  • Rules/Instructions – Rule 3 (a), 3 (b) – Nazool Land Rules.
  • Category – Rural Nazool Land less than 10 acre in a village. Rural Nazool land more than 10acres but no SC Cooperative Society has been formed before 16/5/64.
  • Mode of disposal – Allotment to members of scheduled caste of the village who are lessees of the land. May also be allotted to members of BC if the Nazool Land is under their self-cultivation.
  • Eligibility – SC/BC members who are lessees of the land.
  • Maximum area that can be allotted – 3 acres irrigated or 6 acres un-irrigated or 9 acres Banjar including the own land holding of the allottee. (Rule 3 (a))
  • Officer competent to transfer the land – District Collector (Rule – 10)
  • Alienation – No alienation and the land will go only in inheritance. (Rule-7)
  • Fixation of Price - 90 times the land revenue or Rs. 200 per acre which ever is less. (Rule 8)
  • Recovery: The amount will be recovered in 20 equal 6 monthly installments. (Rule –9).
  • Penalty for non payment – Can be recovered as arrears of land revenue (Rule –9 A(i)). Allotment may be cancelled for default of 2 installments (Rule 9-A (ii)).
  • Remarks– Conveyance deed to be issued after deposit of all the installments. (Rule-11).

2. TRANSFER OF RURAL NAZOOL LAND TO SC CO-OPERATIVE SOCIETY

  • Rules/Instructions – Rule 3 (b) Nazool Land Rules.
  • Category – Rural Nazool Land more than or equal to 10 acre and where SC Cooperative Society was formed before 16/5/64.
  • Mode of disposal – To SC Cooperative Societies formed before 16-5-64 --,Individual SC members (Rule 3 (b).
  • Eligibility – SC Cooperative Society/SC Members (Rule 3(b)).
  • Maximum area that can be allotted – Number of members x (Eligibility of each member – 3 acre irrigated or 6 acre un-irrigated or 9 acre Banjar including their own land holding) (Rule (5))
  • Officer competent to transfer the land – District Collector (Rule – 10)
  • Alienation – No alienation and the land will go only in inheritance. (Rule-7)
  • Fixation of Price - 90 times the land revenue or Rs. 200 per acre which ever is less. (Rule 8)
  • Recovery: The amount will be recovered in 20 equal 6 monthly installments. (Rule –9).
  • Penalty for non payment – Can be recovered as arrears of land revenue (Rule –9A(i)). Allotment may be cancelled by the DC for default of 2 installments (Rule 9-A (ii)).
  • Remarks– Conveyance deed to be issued after deposit of all the installments. (Rule-11).

3. SALE OF RURAL NAZOOL LAND IN RESTRICTED AUCTION

  • Rules/Instructions – Rule 3 (d) Nazool Land Rules, instructions dated 4/9/1984.
  • Category – Rural Nazool Land which can not be allotted as per Rule –3 (a),(b),(c)
  • Mode of disposal – Restricted Auction among the SCs of the village/Patwar Circle/Kanungo Circle (Rule 3(d), (e))
  • Eligibility – SC members.
  • Maximum area that can be allotted – 10 acres including the own land holding (Rule 3(d))
  • Officer competent to transfer the land – State Government (Para 2, instructions dated 4/9/84). DC to issue the sale certificate after full payment (Para –9(i) Instructions dated 4/9/84)
  • Alienation – No alienation to Non-SC members for 20 years (Para 8(i) Instructions dated 4/9/84). No cultivation by Non-SC. DC to cancel the sale for broach of terms & conditions. Para 8(ii) (iii) of instructions dated 4/9/84.
  • Fixation of Price – Reserve Price will be 75% of the 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) (ii) of instructions dated 4/9/84)
  • Recovery: 5 % of the bid at the time of bid and remaining 95 % will be recovered in 20 equal 6 monthly installments with 10 % interest (Rule –9, Para 3 (ix),(xiii), (xv) instructions dated 4/9/84)
  • Penalty for non payment – Penal interest at the rate of 3½ % for not depositing the installments. DC to cancel the allotment if arrears are not cleared by the 7th installment. (Para 3 (xv) of instructions dated 4/9/84).
  • Remarks– (i) ADC/SDM to supervise the auction. (Para –3 (vi) of instructions dated 4/9/84)

(ii) 5 % of the bid to be deposited at the time of bid (Para 3 (ix) of instructions dated 4/9/84)

(iii) DC to put the bidder to possession after deposit of first installment. (Rule 11 A (1) Nazool Rules, Para 9(i) of instructions dated 4/9/84)

(iv) The Sale Certificate conferring the P rights shall be issued on completion of payment of all the installments by the DC. (Rule 11A (1) of Nazool Rules, para 9(i) of instructions dated 4/9/84)

(v) Conveyance deed to be registered and mutation to be sanctioned. (Para 9 (ii) (iii) of instructions dated 4/9/84)

 

4. NAZOOL HOUSES/HOUSE SITES

  • Rules/Instructions – Rule 15 of Nazool Land Rules.
  • Category – Rural Nazool House/House Site.
  • Mode of disposal – To persons/institutions as decided by the Government on the recommendations of DC.
  • Eligibility – As decided by the State Government.
  • Maximum area that can be allotted – State Government to decide on case to case basis.
  • Officer competent to transfer the land – State Government.
  • Alienation – State Government to decide.
  • Fixation of Price – Average market value locality and as finalised by the State Government.
  • Recovery: State Government to decide.
  • Penalty for non payment – State Government to decide
  • Remarks – ---

5. URBAN NAZOOL LAND ON WHICH PUCCA CONSTRUCTION RAISE

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:

Area – A Rate as % of market rate

A £ 5 Marla

20%

5 Marla < A £ 10 Marla

30%

10 Marla < A £ 1 Kanal

40%

1 Kanal < A

100%

(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 instalments (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).

6. URBAN AND SUB URBAN NAZOOL LAND

1. There are three ways of disposal of Nazool Lands situated within MC limits or within 2 miles of MC limits:

2. 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:

(ii) Market rate from central government departments and departments of colonisation, irrigation and power of Punjab Government. (Para 2.2, 6A-1, 6A-2 of FCR SO 28)

(iii) 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) (ii) of instructions dated 4/9/84).

(ii) Urban Nazool lands which were given to MCs for management by the Revenue Department can be transferred to them at 50% of the market rate. (Para 19 of instructions dated 23/8/2001)

(ii) DC to put the bidder to possession after deposit of full payment first installment. (Para 3 (xiii), 9 (i) of instructions dated 4/9/84).

(iii) The Sale Certificate conferring the P rights shall be issued on full payment (Para 9 (i) of instructions dated 4/9/84).

(iv) Conveyance deed to be registered and mutation to be sanctioned. (Para 9 (ii) (iii) of instructions dated 4/9/84).

(v) District Collector can be approached for setting aside the auction and sale. (Para 5 of instructions dated 4/9/84)

  1. Transfer to other departments
  2. Transfer to MC/PSUs
  3. Open Auction
  4. Rules/Instructions – Instructions dated 20/2/84 and 4/9/84, FCR SO 28.
  5. Category –Nazool Lands situated within municipal limits or within 2 miles from the municipal limits.
  6. 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 8(a) of instructions 20/2/84, para 3A of FCR SO 28)
  7. Eligibility – All departments.
  8. Maximum area that can be allotted – No restriction.
  9. Officer competent to transfer the land –FCR : if no objection from the either 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)
  10. Alienation – No restrictions.
  11. Fixation of Price – (i) Land will be transferred free of cost to the Punjab government departments (except the departments of colonization, irrigation, power)
  12. Recovery: Debit/Credit, Cash Payment (Para 6, 6A-3, of FCR SO 28)
  13. Penalty for non payment –
  14. Remarks– DC to submit a self contained proposal to FCR (Para 13 of instructions dated 20/2/84, Para 3-A-1 of FCR SO 28)
  15. B TRANSFER TO MC/PSUs
  16. Rules/Instructions – Instructions dated 20/2/84, 4/9/84, FCR SO 28.
  17. Category –Nazool Lands situated within municipal limits or within 2 miles from the municipal limits.
  18. Mode of disposal – Transfer to MCs, Improvement Trusts and PSUs (Para 8(b) of instructions 20/2/84, para 3A(b) of FCR SO 28).
  19. Eligibility – All PSUs, MCs/ITs etc.
  20. Maximum area that can be allotted – No restriction.
  21. Officer competent to transfer the land –FCR : if no objection from the either department and payment is being made. -CMM/CM : in case the land is being transferred free of cost and if there is any dispute/objection. (Para 6 of FCR SO 28)
  22. Alienation – No restrictions.
  23. Fixation of Price – (i) - At 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 8(b) of instructions dated 20/2/84, Para 3 (i) (ii) of instructions dated 4/9/84, Para 3A(b) of FCR SO 28).
  24. Recovery: Lump-sum through Cheque/Draft
  25. Penalty for non payment –
  26. Remarks– DC to submit a self contained proposal to FCR (Para 13 of instructions dated 20/2/84, para 3A-1 of FCR SO 28)
  27. C OPEN AUCTION
  28. Rules/Instructions – Instructions dated 20/2/84, 4/9/84 and 29/8/85, FCR SO 28
  29. Category –Nazool Lands situated within municipal limits or within 2 miles from the municipal limits.
  30. Mode of disposal – Open auction (Para 8 (c) of instructions 20/2/84, 3A(c) of FCR SO 28).
  31. Eligibility – If land is not required by the Government Departments, MCs, PSUs (Para 8, 11 of instructions dated 20/2/84, 3A(c) of FCR SO 28).
  32. Maximum area that can be allotted – No restriction.
  33. 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)
  34. Alienation – No restrictions.
  35. Fixation of Price – Reserve Price to 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 8(c) of instructions dated 20/2/84 and para 3A(c) of FCR SO 28)
  36. 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)
  37. 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).
  38. Remarks– (i) ADC/SDM to supervise the auction. (Para –3 (vi) of instructions dated 4/9/84)

Hon'ble Revenue Minister

 
 

 Sh. Hardip Singh Mundian

 Hon’ble Minister-In-Charge, Department of Revenue, Rehabilitation and Disaster Management

Sh. Anurag Verma, IAS

Additional Chief Secretary, Department of Revenue, Rehabilitation and Disaster Management

 

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