RURAL PROPERTIES

A. Definition: Building or building site situated in rural areas that is areas outside the municipal limits.

B. Rules and instructions

1. Rule 5, 6 of Punjab Package Deal Properties (Disposal) Rules 1976

2. Memo No. PIV/2(505) Part/9837-48 dated 13/11/1990

C. Methods of Disposal: The rural property can be disposed of in 4 ways :

1. TRANSFER OF PROPERTY TO OCCUPANTS

2. SALE BY NEGOTIATION TO GOVERNMENT DEPARTMENTS

3. SALE OF PROPERTY BY AUCTION

4. TRANSFER OF PROPERTY WHICH HAS BECOME SUB URBAN AFTER 1/1/1977

1. TRANSFER OF PROPERTY TO OCCUPANTS

1. Rules/Instructions – Rule 5 of Package Deal Rules, Instructions dated 13/11/1990

2. Category – Properties situated in rural areas that is outside MC limits.

3. Mode of disposal – Transfer to unauthorized occupants. ( Rule 5(1))

4. Eligibility – Continuous possession since 31/12/1988 and he applied by 31/1/1991. (Para IV of Instructions dated 13/11/1990). If he doesn’t apply in time then he can buy after payment of penalty amounting to 50 % of reserve price. (Rule 5(2))

5. Maximum area that can be allotted – 10 acres. (Section 4 of Package Deal Act.)

6. Officer competent to transfer the land – Tahsildar/Naib Tahsildar if reserve price less than or equal to Rs 1000, Sales Commissioner if reserve price is more than Rs 1000. ( Rule 5(7)(i),(ii))

7. Alienation – No restriction

8. Price fixation – Market price of the property and the site to be fixed by the Tahsildar in consultation with the village Panchayat subject to the approval of Sales Commissioner. (Rule 5(3)(a), (b)). SC/BC to be transferred built up property and the site at the rate of 2/5 of the reserve price. (Rule 5(3)(c),(d))

9. Recovery – in lump sump if reserve price is less than Rs 500.

- 25 % price at the time of transfer and the remaining 75 % within 15 days of intimation from the General Category and in 4 half yearly interest free installments from the SC/BC. ( Rule 5(4))

10. Penalty for non payment – Cancel the transfer and resume the property. (Rule 5(6))

11. Remarks -

2. SALE BY NEGOTIATION OF RURAL PROPERTIES TO GOVERNMENT DEPARTMENTS /PSUs

1. Rules/Instructions – Rule 6 (1) of Package Deal Rules.

2. Category – Rural evacuee properties not allotted to unauthorized occupants. ( Rule 6(1) )

3. Mode of disposal – Sale to government departments, semi government departments, Cooperative societies, corporate bodies, local authority.( Rule 6(1) )

4. Eligibility – All the above bodies.

5. Maximum area that can be allotted – No restriction.

6. 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)

7. Alienation – No restriction.

8. Fixation of Price – (i) Land will be transferred free of cost to the Punjab government departments (except departments of colonization, irrigation, power)

(ii) 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)

(iii) Market rate from MCs/PSUs/Local authorities.

(iv) 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)

9. Recovery – Lump sum where required.

10. Penalty for non payment –

11. Remarks -

3. SALE OF PROPERTY BY OPEN AUCTION

1. Rules/Instructions- Rule 6 Package Deal Rules.

2. Category- Property not transferred to occupants or sold to government departments. ( Rule 6(1))

3. Mode of disposal - Open public auction. (Rule 6(1))

4. Eligibility – Open public auction.

5. Maximum area that can be allotted – No restriction

6. Officer competent to transfer land – Tahsildar/Naib Tahsildar to conduct the auction and the Sales Commissioner to approve it. (Rule 6(6),(vii),(viii),(xi))

7. Alienation – No restriction.

8. Price fixation – Market price of the property and the site to be fixed by the Tahsildar in consultation with the village Panchayat subject to the approval of Sales Commissioner. ( Rule 5(3)(a),(b))

9. Recovery – 25 % at the time of bid and remaining 75 % within 15 days of intimation of confirmation. ( Rule 6(6)(ix), (xii)(b))

10. Penalty for non payment – The amount shall be recovered as arrears of land revenue. ( Rule 6(6)(xiii)

11. Remarks – Conveyance deed to be issued. ( Rule 6(6)(xiv))

4. TRANSFER OF PROPERTIES WHICH HAVE BECOME URBAN AFTER 1/1/1977

1. Rules/Instructions – Rule 6-A,5 of Package Deal Rules.

2. Category – Properties situated in rural areas which became urban after 1/1/1977 as a result of extension of municipal limits.(Rule 6-A(1))

3. Mode of disposal – Transfer to unauthorized occupants who are in continuous possession since 1/1/1970 and who applied on or before 31/7/1979. (Rule 5(1), 6-A (1))

4. Eligibility – Continuous possession since 1/1/970 and he applied by 31/7/1979. (Rule 5(1), 6-A(1))

5. Maximum area that can be allotted – No restriction.

6. Officer competent to transfer the land – Sales Commissioner ( Rule 6-A(3))

7. Alienation – No restriction

8. Price fixation – Market price of the property and the site to be fixed by the Tahsildar in consultation with the village Panchayat subject to the approval of Sales Commissioner. ( Rule 5(3)(a),(b))

SC/BC to be transferred built up property and the site at the rate of 2/5 of the reserve price. ( Rule 5(3)(c),(d))

9. Recovery – in lump sump if reserve price is less than Rs 500.

- 25 % price at the time of transfer and the remaining 75 % within 15 days of intimation from the General Category and in 4 half yearly interest free installments from the SC/BC. (Rule 5(4))

10. Penalty for non payment – Cancel the transfer and resume the property. ( Rule 5(6))

11. Remarks -