Punjab Government Department of Rehabilitation
All the Tehsildars ( Sales )
in the State
No. RD (770)/Part-IV/U-I/16648-551, dated, Jullundur, the 30th August, 1979.
Subject: Policy with regard to the disposal of urban evacuee/package deal land/properties taken by the State Government from the Government of India on the basis of Possession since 1/1/1977.
The revised policy with regard to the disposal of urban evacuee and package-deal property/agricultural land taken over from the Central Government was approved by the Council of Ministers on June 27, 1979. The policy decisions were explained to you, in detail, in the meeting held on July 2, 1979. You were also given a copy each of the Memorandum submitted to CMM, containing the proposals of the Department and comparative statement explaining the old and the new policies. Now, for the implementation of the revised policy, Punjab Package Deal Properties (Disposal) Rules of 1976 have been suitably amended. A copy thereof is enclosed, Similarly, an Administrative order has been issued under the authority of DS (Reh)-cum-CSC for application to the properties covered by the Administrative & Financial Arrangements of 1970. A copy of the same is also enclosed. The Memorandum submitted to the Council of Ministers and the comparative statement showing the old and the new policies provide the basis for the revised policy, but for the implementation thereof, reliance has to be put on the Punjab Package Deal Properties (Disposal) (Third Amendment) Rules of 1979, and the Administrative order. In case there is any disparity of details between the comparative statement showing the old and new policies and the aforesaid Rules/ Administrative directions, the latter should be deemed to be authentic.
2. The revised policy makes a departure from the old policy--in that the barring 'clause of premises by an occupant, for the transfer of evacuee package deal property occupied by him has been removed, Similarly, the definition of 'Construction' has been revised so as to mean "not a brick and plaster construction" only, but the construction which should be in relation to the resources, class, status and financial ca ability of an occupant and the nature of trade being pursued by him It is possible that a large number of applications of occupants may have been rejected because of the aforesaid barring clause and the interpretation of 'construction' as brick and plaster construction only, The Government has decided that these rejected applications should be restored for reprocessing under the revised policy and the rules framed for its implementation. You should, therefore, make suo-moto references in all such cases to the authorities competent to entertain these references under the provisions of the Punjab Package Deal Properties (Disposal) Act of 1976, and the Displaced Persons (Compensation & Rehabilitation) Act of 1954, recommending the setting aside of the derogatory orders passed against such occupants, It is needless to point out that under the Displaced Persons (C & R) Act of 1954, a suomoto reference against the order of the Tehsildar (sales) cum-MO or Naib Tehsildar (Sales-cum-MO or the Authorized Settlement Commissioner lies to the Chief Settlement Commissioner, under Section 24 of the Act ibid, and against the order of the Chief Settlement Commissioner- to the learned Financial Commissioner under Section 33 of the, aforesaid Act. Under the Punjab Package Deal Properties (Disposal) Act, 1976, a suomoto reference against the order of the T Tehsildar ( Sales) or Naib Tehsildar ( Sales) or the Sales Commissioner lies to the Chief Sales Commissioner under Section 10 of the Act ibid and against the order of the Chief Sales Commissioner, to the authority exercising the powers of the State Government. All such references should be made to the competent authority through the Settlement Officer (Urban).
3. Government have not extended the prescribed date for entertaining applications from the occupants of urban evacuee or Package-deal property which continues to be December 31, 1977, as notified earlier, A provision has, however, been made in the revised policy for disposal of application received after the aforesaid prescribed date from any occupant or class of occupants in accordance with the revised policy meaning thereby that applications received by the Tehsildars (Sales-cum-Managing Officers or Naib Tehsildar (Sales)-cum-Managing Officer or Assistant Settlement Officer (Sales)-cum Managing Officer (Headquarters) after the prescribed date of December 31, 1977, will be disposed of by the Tehsildar (Sales)/Naib Tehsildar (Sales) in their capacity as such or as Managing Officers, depending upon the type of property, after obtaining orders of Government. Similarly, if any applications are received even now from occupants of urban evacuees or package deal property, the same should be referred to Government for orders, giving detailed reasons and justification, as to why a person making the application could not apply within time. In this connection, provision to sub-clause (i) of clause 9 of the Administrative order issued under the authority of DS (Reh.)-cum-CSC and Rule 9 of the Punjab Package Deal Properties (Disposal) (Third Amendment) Rules of 1979 are referred to.
All application received after the prescribed date of December 31, 1977, should be entered in the registers maintained for the purpose, after the last application shown to have been received in time. Fresh applications now received should also be entered likewise. These applications should be entered in the said register in a chronological order.
4. Government is anxious that the work regarding disposal of urban evacuee or package deal property should be finished as quickly as possible. Now that the formalities for implementing the revised policy have been completed, you should put your head and hands down to it and endeavour to complete the disposal of these properties by March 31,1980 positively.
5. Reports regarding the progress achieved should be supplied by the 5th of each month as heretofore. Settlement Officer (Urban) has been asked to prescribed the revised proforma for the purpose.
Deputy Secretary to Government Punjab
Rehabilitation Department Jullundur