HARYANA GOvrT, GAZ., JAN. 25, 2011 83 (MAGH. 5, 1932 SAKA) REVENUE AND DISAST
5.0, 8/H.A. 7/2008/S. 19/2011.—In cxerc by sub-section (1) of section 19 of the | [Authorised English Translation] HARYANA GOVERNMENT ‘R MANAGEMENT DEPARTMENT Notification The 18th January. 2011 e of the powers conferred aryana Evacuce Properties (Management and I)i:\pmnl) Act. 2008 (7 of 2008), the Governor of Haryana hereby makes the following rules, namely L. (1) These rules may be called the Haryana Evacuee Propertics (Management and Disposal) Rules, 2011, A (2) These rules shall come into force with effect from date of publication in the official gazette.
5) 2. (1) In these rules, unless the context otherwise requires,—
(a) “Act” means the Haryana Evacuee Properties (Management
(b)
(c)
(d)
(h)
(1) and Disposal) Act. 2008 (7 of 2008);
“Anncxurc” means annexure annexed to these rules;
“challenge money™ means the offer of the objector to pay higher price which shall be atleast twenty five percent of the offered bid;
“Chief Commissioner (Sales)” means Commissioner of the Division concerned;
“Commissioner (Sales)” means Deputy Commissioner of the District concerned;
“competent authority™ means an officer appointed by the State Government empowered to act under these rules:
“cultivating possession”™ means continuous cultivating possession established by the entries in the revenue record;
“department” means Revenue and Disaster Management Department, Haryana;
“evacuee land” means any evacuee land which has been received by the State Government from the Government of India in any manner or has become cvacuee by operation of any law, rules or orders or any other land described as such in the revenue record and includes the land mortgaged by erstwhile Muslim evacuce owners in favour of locals or viceversa;
Short utle and commencement Definitions.
Allotment of land to Bhondedar cte seetion 4(2)(a) [}
(k) “publicauc subject 1o SUuC and participations g ‘ ’ * means an auction confined to the members ction S ¥ E othe as the case - Scheduled Castes 0F Backward (,. ses or b ! so e tificd by the State Government.
from um.‘, 0 i wur;dilinn.s..ls muylcgulmc its proceedings en (o all citizens of India 4n auction Op!
jon’ means an aucto ; Al unr:l 2 zmon\ as may regulate its proceedings con S, 4
(1) “restricted au may be.
time subject 10 suct and participation:
« means evacuce houses and sites located in the also include the rural land situated within _al Dora of the village concerned;
(m) “rural property” rural area. which sh all five hundred meters from the |
(n) “sale through negotiation™ means salcof f:(t:;lt'll.c(: l;]n::‘/m(;zzlllly through negotiation to any department of m\/(:rm b l‘ !
State Government. Boa ds, Corporation duly .u)n:sl.llulu under (i Raj Institutions. Municipalitics or other cties registered under any law, Panch :
registered bodics or cnmpf:rnuvc soc 2 e any general or spee |l law for a public purposec, at suc ;-mv .
lcr'm.s and conditions. as the State Government may. determine by special order:
(0) “scction” means section of the Act:
(p) “transfer” means transfer of evacuce land/ property to its oceupant on the terms and conditions and rates as determined under these rules:
“urban property” means cvacuce house and/ or site located within the limits of a municipal committee or a municipal corporation or i cantonment or any other arca notified as such by the State Government. from time to time.
(2) Words and expressions used in these rules but not defined, shall have the same meaning as assigned to them in the Act.
3. (1) Anapplication for allotment of land by a person under clause (a) of sub section (2) of scction 4. who is in cultivating possession of any evacuce land shall be made to Tehsildar concerned alongwith relevant documents in support of his claim within a period of six months from the date of notification of these rules or the date subsequently fixed by the Government, from time to time.
(2) On receipt of the application the tehsildar shall examine the application after verifying the eligibility from the entries in the revenue record.
the facts that evacuce land/ property which was in occupation/ possession as per revenue record as on the 15th August, 1947 or carlier and is in continuous cultivation possession thercof by the applicant as on the date of examination of 4] a HARYANA GOVT. GAZ.. JAN. 25. 2011 & (MAGLL 5. 1932 SAKA) [ the case. he shall make an order for allotment of land - {
Provided tha land mvnltd ;hl" before making an order. he shall ensure that the the proy cd s a4 evacuee property and the claim is covered under Provisions of Act and rules made thereunder :
Provide - Provided further that the Tehsildar shatl ignore stray entrics made in the revenue : the revenue record as per instructions issued by the department : - Prav iFiHor¢hs f rovided further that the Tehsildar shall provide an opportunity of being heard o everyone oncerned if there is a dispute regarding POSSESSION, Or someone raises an objection a s inst the claim made y the applicant. which the tehsildar thinks needs to be decided for proper disposal of application.
. : (3) “The order so made under sub rule (2) shall be subject o the approval of the Commissioner (Sales).
(4) The applicant. in whose favour the order is made for allotment of the land, shall be required to pay usage and occupation charges which shall be cqual to twenty pereent of the price of the land for the entire period. The same shall be recovered by Tehsildar within thirty days of making of the order before sending the case for approval.
- (5) When the price has been realized in full from the allottee, the Tehsildar shall issue sale certificate in the Form L
(6) Tn case the applicant is not found entitled to the allotment of land.
the said application shall be rejected by the “T'chsildar by maki after affording an opportunity of being heard to the applicant.
s 3 speaking order
4. (1) Anapplication for allotment of inferior evacuce land by the lessee or his successor-in-interest to whom the land was leased out in pursuance to the policy instructions No. 7841-IN(4)-61/ 2699. dated 29th August. 1961. as given in annexure A and is in cultivating possession thereof shall be made to the Tehsildar alongwith the revenue record and other documents in support of his claim within a period of six months from the date of notification of these rules or the date subscquently fixed by the Government from time to time.
(2) The application so reccived by the Tehsildar shall be scrutinized by him under thesc rules and after verification of cligibility. he shall make an order for allotment of land:
Provided that before making an order. tehsildar shall ensure that the land involved is a cvacuee property and the claim is covered under the provisions of the Act and rules made thereunder:
Provided further that the Tehsildar shall ignore stray entrics made in the revenuc record as per instructions issucd in the department. Provided further that the Tchsildar shall provide an opportunity of being heard to everyonc concerned if there is a dispute regarding possession.
\ Allotment of inferior ¢vacuce land section 4(2)(h) Disposal of rurall urhan properties by way of negotiation section H2HC) 86 HARYANA GOVT. GAZ... JAN. 25. 2011 (MAGH. 5. 1932 SAKA)
(2) shall be subject 10 the approval
(3) The order so made under subrule of the Commissioner (Sales).
(4) The applicant. in whose favour the order is made for allotment 0 harees which shall be equal the land. shall be required to pay use and occupation thnrfiLs which :1 ||}1| \:,n 2 to twenty percent of the price of the land for the entirc period. W ru 8 ;,d'm,.
;
¢ “ the c 0 recovered by Tehsildar within thirty days of making of the order before € g the case for approval.
(5) When the price has been realized in full from the applicant, the “Tehsildar shall issue sale certificatc in the Form I itled to the allotment of land,
(6) In case the applicant is not found ent a speaking order the said application shall be rejected by the T'ehsildar by making after alfording an opportunity of being heard to the applicant.
and is under the possession of any Department of State Authority duly constituted under law.
ipality of the State Government, the same ar concerned
5. (1) Whercethe Government. Board, Corporation.
Panchayati Raj Institutions, or Munic shall be transferred to them free of coston their request by the Tehsild within six months from the date of notification of these rules.
(2) Where the land is under the possessicn of any department of Government of India or any other State Government or its Board. Corporation, Authority constituted by law. the same shall be transferred at the price o be fixed by the State Government on the recommendation made by the High Powered Committee, on the request of the said Government.
(3) Where the land 1s under occupation of a registered body, cooperative society/ Trust constituted under any law. the same shall be transferred to them on their request at the price to be fixed by the Statc Government on the recommendations of the ITigh Powered Committee. .
(4) Where any department/ board/ corporation or Panchayati Raj Institution or Municipality of the State Government intends to purchasc evacuee land/ property for a public purpose. the same shall be transferred to the concerned department/ board/ corporation/ Panchayati Raj Institutions/ Municipalitics at rates 1o be fixed by the State Government on the recommendation of the High Powered Commitice. 5
(5) Where any cvacuce land/property is required by any registered body/ society/ Trust for a public purposc. then request in this regard shall be cnn.\xdclrcd for transfer by the State Government at the price (0 be fixed by the State Government. on the recommendations of the FHigh Powered Committee.
(6) No stamp duty shall be charged where the land/ property is (ransferred (o State Government or Government of India or any other State Government and or its Boards and Corporations including Panchayati Raj Institutions and Municipalitics.
9 HARYANA GOVT. Gazz. 1aN: 25. 2011 a1 (MAGIL 5, 1932 SAKA) l:"plflflfl(i( = n —j .
Committee shall cons, For the purposes of these rules. the High Powered Pepity, Gommission. ".' Of Divisional Commissioner concerned as Chairman, oner concerned and Superintending Engincer. P.W.D. (B&R) i Fhe committee may associate any other officer tn its makings iy recommendations
6. The rur - ural [ . T land measuring less than one aere in a compact block and ity Wh“vl?f‘llltrucx which are not in possession of any occupant or the 3¢ application for transfer of land as received under these rules has been rejected, shall b « Shall be disposed off by wa S auc ay of public > mannc SR y y P C auction i the manncr concerned as its members, deliberations before () “Tehsildar shail cause a proclumation of the intended public aucuon in Form I11, (i1) Nu.lu'c of the intended auction shall be given at least fificen days before the proposed auction and every such notice shall indicate lh‘c date. ume and place of the propused auction. the description of the property 10 be auctioned, its reserve price. the terms and 'cundniuns of the auction and any other particulars which the Tehsildar considers fit. One copy of the notice shall be affixed on aconspicuous part of the property to be auctioned. It shall also be published in two leading newspapers having circulation in the arca of which atieast one shall be in ¢ ional language.
(1i1) Munadi shall be effected by Chowkidar of the village where the land is situated and a rapat in this regard shall be entered in the Roznamceha by the Patwari concerned and the proclamation shall be countersigned cither by the vill sarpanch or a lambardar of the village or at least two members of the Gram Panchayat concerned or two Municipal Councillor., as the ¢ may be.
(iv) (A) The auction in casc of rural property shall be conducted by a committee consis ting of ;
(a) Tehsildar — Presiding Officer;
(b) Block Development and Panchayat Officer — Member;
(¢) Representative of Deputy Commissioner — Member:
Provided that in case of urban land/property. Sccretary.
Municipal Committee or Municipal Council or a nominee of the Municipal Corporation shall substitute the Block Development and Panchayat Officer.
(B) The Presiding Officer and a minimum of one out of the two other members shall constitute the quorum :
(v) The reserve price of the land / property to be auctioned shall be prevailing Collector rate fixed by the Collector of the district concerned for that land on the date of auction.
Disposal of propertics through public auchon conditions and procedurcs section 4(2)(d) 88 HARYANA GOVT. GAZ.. JAN. 25. 2011 (MAGH. 5. 1932 SAKA)
(vi) The commitiee. at the time of
(vii) (viin) (1x)
(x)
(xi) (x1i) auction. may withhold the saie of any property after recording the reason in writing for doing S0 and neral public at the time and pronouncing their decision to the place of auction.
Every bidder shall deposit an amount equal to ten .y)crtjcnl uf.lhc reserve price as sceurity amount in licu of participation in :}uclmn.
in cush with the presiding officer of the committee before the proceedings of auction commence.
The highest bidder of the auction shall pay in cash twenty five percent amount of the highcst bid as carnest money at the fall of the hammer and a receipt thereof in Form IV shall b issued 10 him :
Provided that in case the said highest bidder fails to pay the carnest money. the sceurity deposited by him shall stand forfeited to the State Government.
The highest bid so accepted by the presiding officer of the committee shull be the provisional acceptance. The proceedings of auction in Form V. duly signed by the committce. along with recommendation of the commitice shall be forwarded to the Commissioner (Sales). for confirmation within fiftcen days.
A person who could not participate in the auction may challenge the auction within a period of ten days from the date of conduct of the auction by filing an objection petition in writing to the oner (Sales) by giving specific reasons, The objector who offers at least ten percent higher bid than the highest bid shall be considered and he shall deposit an amount cqual to twenty five pereent of the bid offered by him as challenge money.
In case more than one person deposits the challenge money. the necessary orders on the auction shall be passed by the competent authority; and in case the auction is confirmed then the challenge moncy shall be refunded; in case reacution is ordered by the competent authority then the bid shall start from the highest bid offered by the objectors. The amount of challenge money déposited by unsuccessful objectors shall be refunded immediately. After depositing the challenge money, no Jand shall be alloted to the objector and land shall only be rcauctioned by initiating the auction proceedings rom the bid offered by the objectors.
Where the auction has been challenged and the challenge money has been deposited. the objection petition shall be considered by the Commissioner (Sales). The Commissioner (Sales) after affording an opportunity of being heard © the objector and the highest bidder, shall pass an appropriate order on the objection petition as well as highest bid.
o HIARYANA GOVT. GAZ.. JAN. 25. 2011 89 f (MAGH. 5. 1932 SAKA) (xii1) Where no objection s filed against the auction within the tipulated period. the auction file <hall be submitted by the Tehsildar 1o the Commissioner (Sales) with his recommendations for passing appropriate orders in Form VL The Commissioner (Sales) shall take & final decision on the highest bid within on¢ month from the date of receipt of the recommendation of the Tehsildar :
Provided that wherc no orders are passed on the highest bid by the Commissioner (Sales) due o any reason within a period of three months from the date of auction, the auction purchaser shall be at liberty to apply for refund of earnest money. The Tehsildar shall immediately refund the carnest moncy after collecting the sale file from the Commissioner (Sales) in case the file has been sent (o him. After issuc of the refund of the carnest money. the auction shall stand cancelled automatically.
(xiv) The highest bidder shall not be entitled to claim any interest on the carnest money in case his bid is not accepted duc to any reason whatsoever.
(xv) The decision of confirmation of the bid or its rejection shall be intimated to the highest bidder by the Tehsildar within & period of ceven days from the receipt of the file from Commissioner (Sales) :
Provided that while giving intimation about the acceptance of the bid. the hi hall also be asked {0 deposit the balance amount of cent of the highest bid within a period of thirty days and to obtain warrant of possession thereafter :
Provided further that in casc the balance amount of seventy five pereent is not deposited within thirty days. {he carnest money already deposited by him shall be forfeited :
Provided further that where the bid is rejected. the highest bidder shall be asked to return {he original receipt given O him a4 {he time of receiving the earnest money. The earnest moncy shall be refunded to him by the Tehsildar within & period of seven days from the date of receipt of original receipt
(xvi) The warrant of possession shall be issued by the Tehsildar to the auction purchaser, and the same shall be produced by the auction purchaser t0 Tehsildar of the revenue tehsil within whose jurisdiction the land is situated for delivery of the possession.
who shall forward the same (0 the Kanungo concerned.
(xvii) Afterdelivery of the possession. the original warrant of possession shall be returned to the Tehsildar being the Presiding Officer of the committee for record.
Sale of rural land by restricted auction.
seetion 4(2)(¢) 90 HARYANA GOVT. GAZ.. JAN. 25, 2011 (MAGH. 5. 1932 SAKA) n of land is not delivered to the auction purchaser due o any reason W ithin a period of lhfcc months lr(Ivm the date of the issuc of the warrant of possession. the auction er shall be at liberty to scek (he refund of the earnest money.
On receipt of application in this regard, the “Tehsildar s| .l!l refund the carnest money and the auction shall stand cancelled after issuc
(xviii) Where the posscessio of refund voucher.
¢ certificate shall be (xix ) After realization of the full amount. the issued by the Tehsildarin Form VI
(xx) Where the land has come under river action after issuc of sale certificate, no claim whatsoever shall lic against the State Government
(xxi) Where any defect or discrepancy in the title or arca pertaining 10 the land is detected or comes 1o notice after confirmation. the auction purchaser shall be entitled to refund of whole or proportionate amount paid by him. as the case may be. and he shall not be entitled o any aliernative arca or compensation in licu thereof,, in any manncr.
7. (1) Rural evacuce agricultural land measuring one acre or more in one compact block and for which no application for transter from occupant is pending or for which the occupant has not beert found entitled to transfer of the land. shall be sold through restricted auction ‘ho is a resident of Haryana State and belongs to as notified by the State in the restricted
(2) A person Scheduled Caste or Backward cla ase may b b es. as the Government from time to time. shall be elig Dartict auction.
(3) The land purchased in restricted auction shall not be alienated for a period of seven years from the date of its confirmation. The appointment of aeneral power of attorney by the auction purchaser in favour of any person other than his family member within seven years shall constitute alienation for the purpose of this rule and violation thereof shall result in cancellation of auction of land and forfeiture of the amount deposited by the auction purchaser.
(4) The highest bidder shall pay ten percent amount of the highest bid as carnest money at the fall of the hammer.
1?) The highest bidder shall submit the Scheduled Caste or Backward Class certificate, as the case may be. within seven days from the date of auction.
(6) The auction purchaser shall deposit additional amount of fiftcen percent of the highest bid within thirty days of the receipt of the notice after the confirmation of auction and before the issue of warrant of possession.
HARYANA GOVT. GAZ.. JAN. 25,2011 (MAGH. 5. 1932 SAKA)
(7) The auction purchaser shall deposit the balance amount in welve half yearly interest free cqual instalments. The due dates of instalments shail be first May and first November every year
(8) The first instalment shall start after six months from the date of approval of auction. Subsequent instalments shall fall due on first May or first November eve
(9) ‘The auction purchaser shall be liable to pay twelve percent interest year per annum for delayed payment of instalments
(10) A notice by registered AD. post. tor payment within thirty days.
Shall be issued (o the auction purchaser by the Tehsildar within fifteen days of the second defaulting instalment becomes due
(11) Where the payment of overdue instalments is not made within the said period of thirty days. the Tehsildar shall pass an order forfeiting the amount already deposited and resuming the land in favour of the State Government. The auction purchaser shall be informed about order of resumption by registered post.
The Patwari Halka shall also be dirccted o give effect 10 the resumption order in the revenue record in favour of the State Government.
Note: The due dates, amount of instalments. amount of interest on account of delayed payment and consequences of default in making the payment shall be presumed to be in the knowledge of the auction purchaser. The notice by registered post to the auction purchaser by the Tehsildar s only an additional reminder
(12) The Tehsildar shall put the land 10 fresh auction immediately after resumption of the fand
Provided that the auction purchaser whose amount has been stalments alongwith interest upto forfeited can make the payment of overdue the date of reauction or within six months from the date of resumption. whichever is carlicr. The Tehsildar shall restore the ipt of the due amount and after the r and the relaxation shall be available only one time
(13)° Where afier delivery of possession and hefore the issue of the sale ¢ 1iver action. the amount deposited shall be chaser by the Tehsildar and the auction certificate. the land has come und refunded on the request of auction | shall stand cancelled.
(14) No stamp duty shall be charged.
certificate in Form VIl afier realization
(15) "The Tehsildar shall issue s of full amount.
(16) The clause (i) to (xxi) except clause (viii). (xix) and first proviso of clause (xv) of rule 6 shall apply in case of restricted auction also.
8. (1) Anapplication for transfer of land by an occupant or his successorin-interest who is in continuous cultivating possession of any evacuce land from Ist January. 2001 shall be made to the Te Idar concerned alongwith relevant Transfer of Rural/ Urban land on the basis of possession documents in support of his claim within a period of six months from the date of gection 4(2)(1 notification of these rules or the date subsequently fixed by the State Government.
from time o tme.
92 HARYANA GOVT. GAZ.. JAN. 25,2011 (MAGH. 5. 1932 SAKA)
(2) The application s0 received by the Tehsildar sh‘zlll t:c wrm;:;,,fid by him after verification of the eligibility from the relevant d(?‘umLNT inc ' g entries in the revenue record, if any. that the evacuce !ilm‘i in qu.c:\lllnn .was in possession on or before the Ist January, 2001 and still is in hl.‘: L()I:“I:I;{l:l(j);
possession as on the date of scrutiny of the case. sh_u!l make an nr(.!'cr I(‘u: ll’.l]r?.flt. % land at market price. preferably within a period of four mmTlhs. if the .lpp. ican |,:
otherwise cligible. The order so passed by him shall be subject 10 approval by the Commissioner (Sales).
(3) Market price of the tand shall be the currcnl»mn‘rkcl price wl_nch ¢ price inrespectof a similar land an the basis of sale transactions 4 or its vicinity during the preceding Commissioner concerned area or its vicinity.
shall be the ave in concerned revenue estate or locality or arc one year or the collectar rate determine by the Deputy for similar category of land in same revenuc estate or locality or whichever is higher.
(4) Notwithstanding anything contained in these rules. evacuce land recorded as gair mumkin rasta, johar. pond. public latrine. drains. sh:lmsh;m.gh:\l.
roads, street, park. river. nala. nadi and other similar other categorics of land which are being used for public purposc and the land made available duc to river action shall not be transferred to its occupiant and the same shall be transferred o the concerned gram panchayat or municipality, as the case may be, free of cost subject to the condition that it shall not be ransierred further to anyone by the smid gram panchayat or municipality. as the case maty be.
(5) Any picee of land not exceeding two acres surrounded by the land of one person and having no approach w hich can not be disposed of in any other manner shall also be transferred to that person at the market price although the sume may not be under his possession :
yre stray entries made in the
Provided that the Tehsildar may revenue record as per instructions issued in the department :
Provided further that the Tehsildar shall provide an opportunity of being heard to anyone concerned if there is a dispute regarding possession or someone makes an objection against the claim made by the applicant.
(6) Where any cvacuee land not exceeding two acres is surrounded by the land of more than one person then it shall not be transferred to any of them but shall only be auctioned.
(7) Where the entries in the revenue record are found to be doubtful or have been tampered with or where an entry in the revenue record has been found to be corrected after coming into foree of the Act, or any evidence has been found (0 be fabricated one, Tehsildar shall refer the case to the Commissioner (Sales) for decision, who after holding such an enquiry, as he may deem fit. shall pass the appropriate order.
[ ¥ HARYANA GOVT. GAZ.. JAN. 25. 2011 93 (MAGIHL 5. 1932 SAKA) ; (8) The occupant shall a s0 be linble to pay use and occupation charges which shall be equal 1o twenty percent of the price of the land for entire period and the sume shall be depostied in addition to the price of the land and such charges once deposited shall not be refunded in any case G fase o 3 I . ()‘)' In case where an occupant of the land has died after making an application. “I'ehsildar shall proceed with the determination of the eligibility as if the legal heir of the deceased were the occupants : ‘_'_‘)l After realization of full amount, the conveyance deed shall be issued by Tehsildar in Form [X.
(1) Where the Tehsildar is satisficd that the applicant is not eligible. he shall reject the application after affording an opportunity of being heard to the applicant. The Tehsildar shall initiate eviction proceedings against the applicant and disposc of the land.
9. (1) Anapplication for transfer of rural property by an occupant or his successor-in-interest who is in possession of the same from Ist January 2001 or carlier shall be made o Tehsildar concerned alongwith relevant documents in support of his elaim within a period of six months from the date of notfication of these rules or the date subsequently fixed by the State Government. from time 16 time The application so received by the Tehsildar shall be scrutinized by him after verifying the ehgibility tfrom the relevant documents including voter identity card, electricity bill. telephone bill harges bill or any other relevant documents. The applicant shall prove continuous and undisputed itiny of his case.
al possession from st January, 2001 or caiiier to the date of s¢
(3) I after transfer of the proper the market price prefe xamination. the Tehsildar finds the applicant eligible for /. he shall make 1 spe i for transfer of property at rably within « period of four months from the date of receipt of the application. The order so pussed by hir shall be subject to approval by the Commissioner (Sales) :
Provided that where the documentary evidence produced by the applicant in support of his possession is found to be doubtiul/ labricated onc or has been tampered with malafide intentions. the Tcehsildar shall reject the application afier affording an oppartunity of being heard to the applicant:
Provided further that the Tehsildar shall provide an opportunity of being heard to everyone concerned if there 1s a dispute regarding possession or someonc makes an objection against the claim made by the applicant.
(4) Market price for the purpose of this rule shall be the same as defined in sub rule 3 of rule 8.
(3) Where an evacuce property consisting of a hous n occupation.
then the cost of superstructure as sed by the Public Works Department shall be recovered in addition to the cost of the land from the occupant < e ) & “Iransfer of rural property 1o its accupants seetion 4(2)0) Transfer of urban properties 10 its oceupants section H2)(1 94 HARYANA GOVT. GAZ. JAN. 25. 2011 (MAGIHL 5. 1932 SAKA)
Provided that where the structure of hnusf’ hu; hci]n fully ; o ‘ture sha s charged.
reconstructed by the occupant. no cost of superstructure shall be chargs
(6) Where the property within Abadi Deh is sought 1© be transferred.
the Tehsildar, before makiong an order, shall inspeet the spot and prc;‘mn:rll:clam‘ 0 i rec - statements ol at leas!
plan showing the construction and boundary and record the statemen il i g o 1 shayat ele. & o S| two persons including Sarpanch. Lambardar. Member Panch l)_u cte. at the spe of vecupant and cvacuce nature of the property.
in support of the possession (7y The property under the jomnt possession of more ‘hil[! one person <hall be transferred 1o them jointly and the price shall be charged jointly and the State Government shall not be lm’hlc for the parttion of their respecuve shares
Provided that where apphcant occupies the house jointly along with other persons and other co oceupant has not requested for transfer lhcu.unly such portion of the house which s in applicant’s occupation shall be ransferred w him. ‘The Tehsildar i his order. after spot inspection and preparing the site plan. shall specify the portion to be transferred. The other cnruucup;uu(.s) wh(')‘do not apply for transfer Jhall be evicted from the property in duc course of law. l he said portion shall either be transferred o the other occupants of disposed off by public auction, as the circumstances may warrant.
(8) The vecupant shall also be liable to pay usc and occupation char . of the property for the which shall be equal to the twenty pereent of th cnure period.
‘ter making an n of the cligibility cupant of the land has { with the determir
(9) In case where an o¢ application. the 'l hsildar shall proc as if the legal heir of the deceased were the occupants.
(10} After realization of {ull amount. conveyance deed shall be issued by the Tehsildar in Form X.
10. (1) Anapplication for transfer of urt suceessor-in-interest. who is in possession of the carlicr, shall be made to the Tehsildar cone in support of his claim within a period of six mon 1 property by an occupant or his ime {rom Ist January. 2001 or vith relevant documents 1s from the date of notification of these rules or the date subscquently fixed by the Staie Government from ume (o ume.
i L}
(2) The application so received by the T chsildar shall be scrutinized by him after verifying the cligibility from the relevant documents including voter identity card or clectricity bill or iclephone bill or water charges bill or any other relevant documents. The applicant shall prove continuous and undisputed possession from Ist January. 2001 or ea lier.
(3) If after examination. the Tehsildar finds the applicant eligible for transfer of the property. he shall make a speaking order for transfer of property at the market price preferably within a period of four months from the date of receipt of the application. The order so passed by him shall be subject to approval by the Commissioner (Sales) : E () } HARYANA GOVT. GAZ.. JAN. 25. 2011 95 (MAGIHL 5. 1932 SAKA) :d that where the documentary evidence produced by the applicant in support of his possession is found to be doubtful/ fabricated one or has be: tampered w nalafide intention. the Tehsildar shall reject the application atter affording an opportunity of being heard
(4) Market price for the purpose of this rule shall be the same as defined in sub rule (3) of rule 8
(5) Where an evacuce property consisting of & house is in oceupation, then o € cost ol supenstructure as assessed by the Public Works Department shall be recovered in addition tc ¢ cost of the land from the occupant
Provided that where the structure of house has bee reconstructed by the occupant. no cost of superstructure shall be char
(6) “The property under the jomnt possession of more than one person and the shall be transferred to them jontly and the price shall be charged joint!
Government shail not be liable for the partition of their respective share:
Provided that where applicant occupics the house jointly alo with other persons. only such portion of the house which is in applicant’s oceupation shall be transterred to him. The Tehsildar in his order. after spot inspection and pr occupani(s) who do not apply :paring the site pian. shall specify the portion to be transterred. The other ¢ for transfer shall be evicted [rom the property in 0 the other occupants duc course of law. The said portion shall either be transferred or disposed off by public auction as the circumsta liable 1o pay use and cupi (7) The occupant shall also be which shall be equal to the twenty percent of the price of the property for the entire period.
pplication.
I
(8) In case where an occupant has died after m Tehsildar shall proceed with the determmation of the cligibility as if ihe le;
heir of the deceased were the occupants.
(9) After realization of fu!l amount. conv nce deed shall be issued by the Tehsildar in Form XI.
(10). Where a house was transferred/ allotted by the authorities under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act.
1954 (Act No. 44 of 1954) repealed by the Displaced Persons Claim and Other Laws Repeal Act, 2005 (Ceniral Act No. 38 of 2005) and some payments were made by the allottee/transferee from compensation payable to him under Act ibid and some payment by cash by the allottee or his Legal heirs. such house shall be wransferred to the transferee/allotiee or his legal heirs at their request at the collector rate as applicable on the last date of inviting such application. The allottee shall be charged the percentage of the total amount which was unpaid as per the illustration given below.
Transfer of land 10 g panc municipality section H(2NE) Determination of cligibility.
seetion 4(2)(H 96 HARY IMustration : If the original price > the how:
:
¢ from compensati on of by cash and only rupees rupees ninety were paid by allotie - The allotiee shall ten were o be recovered which is ten percent of the total price.
he charged ten pereent of the total amount as per collector rate.
Note : (1) No use and oceupation charges shall be ¢ arged from the allotteels) under this ub rule and no stamp duty shall be charged.
Note : (2) The provisions contained in this qub rule shall also be applicable 10 occupants of Model Towns/ Colonies.
(11) The Tehsildar hall recover the balance amount in respect of the Jand aflotted to its oceupants in NI'T Faridabad vide policy No. 3570/G.IV, dated the 28th February. 1984. 67 (30) 9325/G.IV. dated the 6th June. 1985. 67 (30) G 11287 lLllc;l the 11th July. 1988, No. 366 (30) G/ 1288. dated the 11th July. 1988, 3577/GIV duted the 28th February, 1984 and 430 (30) G.11/ 20628 dated the 215t November. 1989 as per provisions contained in respective policies ation of balance amount.
given in Annexurce B oG respectively. Adter real he shall pass an order for transfer of jand. The order 50 passed shall be subject to approval of the Commissioner (Sales). The “Iehsildar shall issuc conveyance deed in Form X11.
(12) ‘The Tehsildar shall recover the balance amount overdue from the allottee of NIT Jaridabad at the rate specified in the offer leuer issued in accordance with the policy bearing No. 480 (30) 19809/G.11. dated the 22nd September. 1994 as given in anNCXUre 1" for conversion of Jease hold rights into free hold :
Provided that a person wh 11d not apply in pursuance of policy No. 480 (30) 19809/G.11. dated the 22nd September, 1994 shall apply t© the Tehsildar within 4 period of six months from the date of notification of these bean!
rules. The Tehsildar shall charge ten pereent ol collector rate, meant for residential purposes. for conversion of lease rights into free hold.
(13) Theorderso passed by the'l chsildar shall be subject to approval of (he Commissioner (Sales). The Tehsildar shall issuc conveyance deed in Form X111
11. Any cvacuce land in rural arca or urban area which is free from encroachment and also free from all encumbrances shall be transferred free of cost by the Tehsildar to the concerned gram panc may be. for common purposes.
at or municipality. as the case . .12. (1) On receipt of an application for wansfer of land/ property, the Tehsildar shall enter all such applications in a register and scrutinize the same under these rules and determine the clizibility of cach applicant for transfer of such land/property. 5 HARYANA GOVT. GAZ.. JAN. 25,2011 97 (MAGIH. 5. 1932 SAKA)
(2) In determining the ¢ / wibility of the applicant. the Tehsildar shall{ AN} ensure that the applicant’s possession is established 10 be continuous and{ se from the undisputed from [st January. 2001 10 the date of scrutiny of his entries made in the revenue records or from other documentary evidence :
Provided that in a case where the entries in the revenue record are red with or where any entry in the revenuc found to be doubtful or have been tamy record s found to have been corrected after coming into foree of the Act or evidence has ¢t the same after affording an opportunity Tehsildar shall initiate proceedings for eviction of the unauthorized occupant 1 found 1o be tampered or fabricated one. the Tehsildar shall Jf being heard to the applicant. The and for disposal of the property
13. Where the Tehsildar is satisfied after scrutiny of the revenue record and Consideration and finalization of other documentary evidence produced by the applicant that the occupant is chgible .
transfer for the transfer of property in his possession, he shall pass a speaking order in this soiplicilin wd. The use and occupation charges shall be recovered within one month of ecuon 42ihH the transfer order in favour of occupant and the charges shall be non-refundable Thercafter the Tehsildar shall refer the case o Commissioncr (Sales) for passing appropriatc orders. In case the transfer in favour of the applicant is approved by the Commissioner (Sales). the Tehsildar shall issue notice for recovery of twenty five percent of the total price which shall be paid within one month from the receipt of the notice failing which the application shall be rejected by the Tehsildar :
Provided that where the Commissioner (Sales) is not satisfied with the 1s ordered by the Tehsildar. he shall pass an appropriate order regarding rans rejection of the application after affording an opportunity of bearing heard to the applicant
14. (1) If an occupant opts to make the payment of the price in lumpsum Procedure for sfer by the payment of 2 balance price scction 42)(f) within sixty days of the receipt of mtimation about approval of t competent authority. he shall be entitled for a concession of ten pereent on the total price of the property.
(2) Where the amount is not paid in lumpsum. then the balance amount shall be recovered in ten ha percent per annum. The first instalment s of payment of twenty five percent as carnest money. Subsequent instalments shall fall duc on first May or first November every year. In case of default in payment of instalments on due dates. the penal interest at the rate of sixteen percent per annum shall be charged :
Provided that where the balance price is less than fifty thousand rupees in the case of rural property and one lac rupees in the case of urban property. the same shall be recovered in lumpsum.
f yearly instalments with interest at the rate of twelve Al start after six months from the date
15. (1) The Tehsildar shall issuc a notice within fifteen days on becoming Defauit in two instalments overdue for recovery of instalments within thirty days along P“"";"“‘ of instalments with penal interest. In case the amount is not paid within the stipulated period ( ciion 42)(6) Pending application for tramsfer of property seetion 4(2)(1) Assessment of damages section 5 98 HARYANA GOVT. GAZ.. JAN. 25. 2011 (MAGHL. 5. 1932 SAKA) mentioned in the notice. the Tehsildar shall pass an order for the forfeiture of the amount already paid and for the resumption of the land/ property
(2) Anappeal against order of Tehsildar shall lie before Commissioner (Sales) within thirty days
Provided that the Commissioner (Sales) shall entertain the appeal only when the appellant has paid atleast twenty five percent of the due amount along with interest.
16. The applicant who applied for wansfer of property under the policy dated the Ist November, 2001, as given in Annexure ‘1" and whose application could not be finalized shall have to apply afresh under these rules within a period of six months from the date of notification of these rules e, approved and
Provided that the applications which were finaliz nstallments shall be issued conveyance deed transferees have paid or are payi ¢ realization of the full amount in Form XIV.
Save as otherwise specifically provided under these rules, where
17. (1) the Tehsildar is satisfied that any person is or has at any time been in unauthorized occupation of any property to which he was not entitled or which was in excess of ay be taken against on the principles his entitlement. without prejudice to any other action which m the person, the Tehsildar shall assess and recover the dam:
specified below :
(i) incase of rural agricultural land, the damages s and recovered at the rate of two thousand rup harvest for irrigated land and at the ratc of onc thousand and one hundred rupees per acre per harvest for Barzni or any other kind of land for the period of his unauthorized oceupation;
(i) in case of urban agricultural land. the dam: shall be assessed and recovered at the rate of five thousand rupees per acre per harvest for irrigated land and at the rate of two thousand five hundred rupees per acre per harvest for Barani or any other kind of land for the period of his unauthorized occupation;
(iii) where the property built up by the Government is under unauthorized occupation of any -individual or company. the usc and occupation charges shall be got assessed by the Tehsildar from Public Works Department and recovered accordingly:
(iv) in the case of rural/urban properties other than those specified in clause (i). (i) and (iii) above, the damages shall be on the basis of prevailing market conditions including the rates of rent of similar properties in the locality.
; ? (2) The above rates of use and occupation charges mentioned in clause
(1) to (iv) above shall be applicable from the date of commencement of these rules a'nd for earlier period, the rates already specified by the State Government. from time to time. shall be charged.
HARYANA GOVT. GAZ.. JAN. 25, 2011 99 (MAGIL. 5. 193 AKA)
18. Where auction/transfer of lands/properties have been approved by the competent authority under the State rules or under the Displaced Persons (Compensation and Rehabilitation) Act. 1954 (Act 44 of 1954). or land has been sold by way of negoration and payments have been made or are being made. the sale certificate in such cases shall be issued under these rules by the Tehsildar in Form X1V
Provided that where auctions have been conducted but confirmation of auctions was pending on the date of commencement of these rules. all such auctions shall be considered by the Commissioner (Sales) for passing appropriate orders :
Provided further that where the application for transfer of lands/ properties under any policy of the State Government was finalized by the competent authority mentioned in the State Rules. 1962, or under the Displaced Persons (Compensation and Rehabilitation) Act. 1954 (Act 44 of 1954). and the approval for transfer was pending, such cases shall be considered by the Commissioner (Sales) for passing appropriate orders
19. Save as otherwise specifically provided under these rules, the stamp duty chargeable for registration ol any sale certificate/conveyance deed shall be borne by the purchaser
20. Any person with disability as defined in the Persons with Disabilitics (Equal opportunities, protection of rights and full participation) Act, 1995 (Act | acu properties and ston of ten of 1996} and is under unauthorized occupation of any e ed a con applics for transfer on the basis of possession shall be allo percent in the price of the land/property as determined under the relevant provisions of these rules, No stamp duty shall be charge from such pe mns
Provided that this concession shall be applicable only where the property is transferred in his name exclusively and this concession shall not be applicable where only one of the persons to whom the property is transferred. is person with disability.
21. (1) Anappeal shall be in the form of a memorandum. which shall be presented in person or through a duly authorized agent
(2) A memorandum of appeal shall be accompanied by a copy of order appealed against and shall indicate clearly the grounds of appeal.
22. (1) A petition for revision shall be drawn up and presented in the same manner as a memorandum of appeal and shall be accompanied by a copy of the order sought to be revised
(2) The grounds of revision shall be clearly set out in the revision petition.
23. Any person may obtain copies of the orders passed by the authorities under these rules. on the payment of the fees as specified in rule 27.
24. Any interested person may inspect the record of the proceedings relating to auction or transfer of any property on payment of fees as specified in rule 27.
Cases pending before the commencement of these rules Charging of Stamp duty section 4 Speeial provision for person with disability scetion Procedure for Appeal section 7 Procedure for revision.
section 8 Supply of copics of final orders section 19 Inspection of record.
section 19 2011 100 HARYANA GOVT. GAZ.. JAN 2 (MAGH. 5. 1932 SAKA) Service of orders 25, (1} Every order or notice made or issucd under these rules shall be ] served by registered post acknowledgement due.
ol % e effective ¢ 9
(2) A notice issued under these rules shall be effective only at the period stated therein and such period shall not ordinarily be less expiry of the than fifteen d: s in any case.
The service of an order or notice under sub-rule (1) shall be deemed effected if the order or notice has been properly addressed and
(3) to have been dispatched by registered post
(4) Where by due diligence the address of the person concerned cannot be known. the order or notice shall be dispatched to him through the Tehsildar concerned
(5) Where an order or notice sent by post is returned undelivered or where the Chief Commissioner (Sales) or other authority is satisfied that there are reasons 1o believe that the order or notice cannot be delivered in the ordinary course, the Chiel Commissioner (Sales) or other authority may direct that the order or notice may be served either () by publication in & newspaper having circulation in the ar st resided or in which the person concerned 1s known 1o hav to have carried on business; or
(b) by affixing a copy of the same on the conspicuous place of the property. in relation to which the order or notice has been made or issued Maintenance of 26. The Tehsildar shall enter all transactions in respect of auction, sale by ..\nl»..mnlx‘} maintained before the seetion transfer ete; in the relevant ledger register bein commencement of these rules. - Fee . 27. The following fees in the form of Indian Postal Orders shall be payable section 19 inrespect of appeal and applications under these rules :
L. Appeal to :-
(1) the Chicf Commissioner (Sales). < 100-00
(b) the Commissioner (Sales). : T 100-00
2. Application (@) for revision. : 2 100-00
(b) any other miscellancous :X 10-00 applications
(c) for inspection of record. : ¥ 20-00
(d) for certified copy of the order : ¥ 20-00 (¢) copy of order. : ¥ 05-00 per page i{l‘\l:;l,l and 28. (1) The State Rules. 1962 arc hereby repealed.
(2) Notwithstanding such repeal. anything done or any action taken under the rules so repealed. shall be deemed to have been done or taken under the provisions of these rules.
Y ¢ o 775N HARYANA GOVT. GAZ. JAN. 25. 2011 w6 (MAGH. 5. 1932 SAKA) [ A\ FORM-I / £ [see rule 3(5)] (Sale Certificate in case of allotment to Bhondedar cte.)
Shri/Smt. SIDIW/G Sh. . resident of Village Jehul District | has applicd for allotment of the land/ property details of which has been given in the schedule below in terms of rule 3 (1) of the Haryana Evacuee Properties (Management and Disposal) Rule, 2010 being Bhondedar. Dohlidar. Butimar, Muqararidar and perpetual lessee of the said lands/ property situated in Village Tehsil District . He/She has been found eligible for allotment of the lands/propertics and the allotment in his/ her/ their favour has been approved by the Commissioner (Sales) / Chiel Commissioner (Sales) vide orders dated in sale file No. /Case No. for a sum of % A 2The allottiee (s) has paid the entire sale price as per details given below.
Date of Payment Amount Asumol % - has also been assessed on account of use and occupation charges which has also been recoveredon. . The interest amounting to ¢ has also been recovered from him/her/them on account of delayed payment.
Since the full amount alongwith use and occupation charges and interest have been recovered and allotment has also been approved by the Commissioner (Sales) / Chief Commissioner (Sales) as such the sale certificate is being issued to him/her/them as required under rule 3 (5) of the Haryana Evacuce Propertics (Management and Disposal) Rules. 2010 and after the issue of this sale certificate the aforesaid allottee (s) shall become absolute owner of the lands/ property given in the schedule.
Schedule (Details of lands with Khasra number and arca to be given) Given under the seal and signature of my office on this day ic.____ Stamp and Signature of Tehsildar.
A copy is forwarded to :— L2 Stib Registrapia i e
2. Allotee ot A e I} | / 102 HARYANA GOVT. GAZ., JAN. 25. 2011 (MAGIL. 5. 1932 SAKA) FORM-IT [(see rule 4(5)] (Sale certificate in case of allotment of inferior evacuce lands.)
Shri/Smt. >3 S/DIW/o Sh.__ " _resident of Village Tehsil __ District has applied for allotment of the land details of which has been given in the Schedule below in terms of rule 4 (1) of the Haryana Fvacuce Properties (Management and Disposal) Rules, 2010 being Jessee or his successor-in-interest of the land situated in Villuge Tehsil District . He/She has been found eligible for allotment of the lands and the allotment in his/her/their favour has been approved by the Commissioner (Sales) / Chiel Commissioner (Sales) vide orders dated in sale file No. /Case No. forasumol 3 . The allotice (s) has paid the entire sale price as per details given below.
Date of Payment Amount A sum of T has also been assessed on account of use and occupation charges which has also been recovered on . The interest amounting to I - has also been recovered from him/her/them on account of delayed payment.
Since the full amount alongwith use and occupation charges and interest has been recovered and allotment has also been approved by the Commissioner (Sales) / Chicf Commissioner (Sales) as such the salc certificate is being issued o him/her/them as required under Rule 4 (S)of the Haryana Evacuce Propertics (Management and Disposal) Rules, 2010 and after the issue of this sale certificate the aforesaid allottee (s) shall become absolute owner of the lands given in the Schedule.
Schedule (Details of lands with Khasra number and arca o be given).
Given under the seal and signature of my office on this day i.c.___ Stamp and Signature of Tchsildar.
A copy is forwarded to :—-
1. Sub Registrar
2. Allotee HARYANA GOVT. GAZ.. JAN. 25, 2011 103 (MAGH. 5. 1932 SAKA) FORM-II [see rule 6 (i})] NOTICE FOR AUCTION.
Public Notice for the sale of Evacuee lands/propertics and its terms and conditions
(1) Locauon of the lands/propertics 1o be sold :
Village Hadbast No. Tehsil District
(2) Date of auction
(3) Place where auction is to be conducted : o
(4) Time of auction 3 N S
(5) Details of the lands/properties 1o be put to auction Khasra Arca Details Arca Reserve Public/ number of of plots/ price restricted the land houses/ auction shops cle.
w 1 2 3 4 0 Signature of Tehsildar with office stamp General Conditions for auction
(1) Every bidder shall deposit in cash with the presiding officer an amount cquivalent to ten percent of the reserve price as security amount in licu of his/her participation in the auction.
(2) Every auction shall be subject to its confirmation by the authority prescribed under rules.
(3) In case of failure of the highest bidder to pay the earnest money his offer shall stand cancelled and sccurity amount forfeited.
104 HARYANA GOVT. GAZ.. JAN. 25. 2011 (MAGIH AKA)
(6) (7 (1 o
(4) No interest shall be paid on refund of earnest money or any other amount which is 10 be refunded.
The auctioning committee shall be fully empowered to withhold any land/ property from auction.
More details in this regard can be obtained from Halka Patwari or from the undersigned on any working day.
Printing mistake in the proclamation notice can be corrected before the commencement of the auction proceedings.
Speeial conditions for public avction.
Twenty five pereent of the highest bid shall be payable at the time of auction as carnest money in the case of public auction.
Seventy tive percent balance price of land purchased in public auction shall have to be paid within thirty days of the intimation of confirmation ol auction nty five pereent is not deposited within In case the balance amount of se thirty days. the carnest money already deposited shall stand forfeited.
Special conditions for restricted auction.
st bid shall be payable at the time of auction as “Ten percent of the hig carnest money in the case of restricted auction.
Only those persons belonging ta Scheduled Castes and Backward Classes who are residents of Haryana can participate in restricted auction, The land purchased in restricted auctions can not be alicnated or ged. in any manner within a period of seven years from the date of confirmation of auction and appointment of General Power of Attorney to any person other than his family member shall constitute alienation for this purpose. In the case of breach of this condition. the amount paid shall be forfeited and the land resumed I have 10 be paid before the delivery of poss five pereent shall be payable in twelve half yearly interest free instalments.
leen percent of the highest bid in the case of restricted auction shall >ssion and the balance seventy Interest at the rate of twelve pereent perannum will be charged on delayed payment of instalments Signature of Tehsildar with office stamp \ HARYANA GOVT. GAZ., JAN. 25,2011 \05 (MAGH. 5. 1932 SAKA) FORM-IV [See rule 6 (viii)] Reeciptof Payment HARYANA GOVERNMENT INT DEARTMENT REVENUE AND DISASTER MANAGE!
(REHABILITATION BRANCH) Book No Receipt No. e Dated : 2 Received ¥ = = et et (e st oS s o O T T e (in words) from Shri/Smt./.
___S/o DIo Wlo il 1 resident of Tehsil___ DISHicUs s - i on account of carnest money/sale proceeds of the under mentioned evacuce lands / propertics sold in puhllc/rcsmclcd auctionon _~ .
Details of the lands/properties with Khasra number and area with name of Village/Tehsil to be given.
Signature of Tehsildar w ith Stamp HARYANA GOVT. GAZ.. JAN. 25, 2011 % (MAGH. 5. 1932 SAKA) FORM-V [see rule 6 (ix)] BID SHE
1. Name and Designation of the Auctioning Committee :
h e e Sk 2) 3)
2. Venue of auction
3. Reserve price o
4. Village/ Town where auction conducted :
5. Date of auction M
6. Whether rural/ urban land/ properties
7. Full particulars of land and propertics to be auctioned with Khasra number and its arca e P S . Village. Tehsil and District where the land/property mentioned in column 7 above is situated s A 7. BT L RN
9. Sale file No. P SR Seulll EGNSNEE L Sr.No. Name of the bidder Bid offered Signature of with parentage and the bidder address
1.
2.
35
4.
;5 . Signatures of members of auctioning L.
- Recommendations of the auctioning committee about the auction.
commitice with designation. 2 ) HARYANA GOVT. GAZ.. JAN. 25, 2011 107 (MAGIL. 5. 1932 SAKA) The proceedings of the auction started at....... a.m. and were closed at....... .
The highest bidof 3 2 __was received from Sh./Smt. SIDIW/o . o L oNTeRidention village X Tehsil e ETDISTFICE L TS S ol L O] no onc gave higher bid than the above said bidder. The highest bid of Shri/Smt. s - . was accepled provisionally by the Committee.
A sum of 2 (£4 A )W received from the highest bidder aforesaid as carnest money and receipt No. dated . was issued to him/her on account of receipt of carnest nlnncy persons were present at the time of auction.
The highest bid as received from Shri/Smt. _is subject to the approval of the competent authority.
Signature of the Presiding Officer of the auctioning committee SERCHSI R Camp at Datedis s S Terms and conditions of auction.
L. In case the title of the land/ property is subsequently found to be defective, the carnest money or the salc price. as the case may be. shall be refunded to the auction purchaser without any interest or compensation in licu thercof.
No claim for alternative arca shall be considered in any case.
N} The land and property being sold shall be on ‘as is where is bas and the Government shall not be liable for levelling or any other development activities including right of path.
3. The auctioning committee shall have absolute right to withhold any property from auction without assigning any reason.
4. Every highest bid so reccived shall be provisional and the same shall be subject (o approval of the competent authority as prescribed under the Haryana Evacuee Properties (Management and Disposal) Rules, 2010 and it shall be sole discretion of the competent authority to accept or reject any bid without assigning any rcason.
w - All taxes levis or any other charges on the land and property shall be borne by the auction purchaser after its approval.
108 HARYANA GOVT. GAZ JAN. 25. 2011 (MAGIL 5, 1932 SAKA)
6.
. The poss Highest bidder shall have to deposit earnest moncy in cash at the fall of the hammer and on his failure the security amount deposited by him/ her shall be forfeited “The highest bidder of public auction shall have 1o pay twenty five pereent of the highest bid as carnest money and remaining seventy five percent within thirty days from the date of intimation about the confirmation.
Highest bidder of restricted auction shall have to deposit ten percent of the highest bid as carnest money and another fifteen pereent after confirmation and before the issue of warrant of possession. The balance amount shall be paid in twelve half yearly interest free instalments. ‘T'welve percent per annum interest shall, however, be charged on delayed payment of instalments, On failure 1o pay the two instalments, the amount already paid shall be forfcited and the land resumed. It shall be the duty and responsibility of the auction purchaser to pay the instalments in time to avoid penal action.
ion ol the land and properties, in the case of public auction shall be gotdelivered after realization of full price. However. in the case of restricted auction it shall be got delivered after realization of the twenty five percent amount of the highest bid.
(S} HARYANA GOVT. GAZ., JAN. 25, 2011 (MAGIL. 5, 1932 SAKA) 109 FORM -v1 [see rule 6 ¢ i) PROFORMA T() BEATT CONFIRMATION SUBMIT . Sale file No, . Name of the Village/Tehsil/District . Nature and description of Property (Urban/Rural)
(i) Whether House/ shop/ site/ plot
(1) Agricultre land (with kind of s0il)
(i) Arca of the property (in yards) . Location of the property i.e. Mohalla Locality cte.
. Whether the property is vacant one or under occupation (1 Name of the occupant
(i) Nature of occupation
(i) Authorised
(i) Unauthorised (ii1) Rate of use and occupation charges.
if any
(iv) Whether the occupant is paying the rent regularly to the department.
In casc of agriculure land it should specifically be mentioned that the occupant has paid the up to date due usc and occupation charges.
(v
6. Reserve price of the land/property (Number and date of its fixation)
(i) Market price in the vicinity of the auctioned land/property on the date of auction.
(ii) Collector rate applicable on the date of auction.
. Highest bid.
CHED WITH AUCTION FII i D TOTHE COMMISSIONER (SALES) 1o HARYANA GOVT. G/ (MAGH. 5, 1932 SAKA)
8. Has the land/ property got commercial or industrial potentials?
9. Proclamation
(1) Date of proclamation
(1) Date of auction (i11) Mode of proclamation
(iv) Whether the proclamation is in order or not.
10 (i) No. of persons participated in the auction.
(it} No. of persons present at the time of auction.
(i1i) Whether the auction was fair or not.
(1v) Whether genuine persons have participated in the auction L. Details of previous auctions :
Serial Date of auction | Highest bid Reserved Orders of number Received pricce officers on auction with date I 2 3 4 5 12, Is the highest bid is less than the reserve Price?
13. Recommendations of the Presiding Officer about the auction.
14. General remarks if any (Specify any fact/ tacts if not covered above) Ihereby certify that the information given above is correct and has been verified by me.
Signature of the Presiding Officer with designation and date.
x HARYANA GOVT. GAZ.. JAN. 25. 2011 (MAGLL. 5. 1932 SAKA) ¥ FORM-vII [see rule 6 (xix)/ (Sale certificate for public auction) ' Certified that Sh./Smt e _ S/IDIW/o Sh. Resident of Village Tehsil Distriet____ g hizs !)un:h:LsAcd the g land/ property. the details of which has been given in lhc‘Srhc(lulcv in public auction held on for a sum of 2 .I h»ul the auction has been confirmed by the Commuissioner (Sales)/Chief Commissioner (Sales) on in Sale File No. Jease No.
That Sh./Smt. _ S/D/W/o Sh = has paid the full amount is detailed below and nothing is due against him and he/ she is declared absolute owner of the land.
Date of Payment Amount 1o the above price of the land.
Schedule (Details of the lands/ propertics to be given) Now this sale certificate is being issued in favour of o as perrule 6 (xix) of the Haryana agement and Disposal) Rules, 2010.
Slo uce Properties Given under the scal and signature of my office on the day of Signature of Tehsildar Name of Tehsildar Stamp A copy is forwarded to :—
1. Sub Registrar
2. Auction Purchaser 112 HARYANA GOVT. GAZ.. JAN. 25. 2011 (MAGH. 5. 1932 SAKA) FORM-VIII [see rule 7(15)] (Sale Certificate for restricted auction) Certified that Sh/Smt. p s b S/D/Wlo Sh._ 3 R/o Village Erehsil o District___- has purch cd the following rural evacuce Jands. the details of which has been given in the Schedule. in restricted auction held on_ _ for a sum of 4 (€4 . it ).
The sale was confirmed by Commissioner (Sales) /Chief Commissioner (Sales) on in sale file No. __ 3 e / Case No. and possession was delivered on Shri/Smt. S/D/W/o Sh.
total amount of the land as per details given below and nothing is duc and hefshe is declared owner of the Jand subject 1o the following c¢ ndition :
Date of payment Amount ‘Ihat interest amounting o Was charged from him on account of delayed payment which is in addition to the price of the land.
“That the above auction purchaser shall not be entitled to alicnate or mortgage the land in any manner for a period of seven years from the date of confirmationic.__ and in case this condition is violated then the amount paid shall be forfcited and the land resumed. The uppuinlmcnluf(icncrnl Power of Attorney by the auction purchaser in favour of any person other than his family member within a period of seven years shall constitute alienation for this purposc.
Schedule (Description of the land to be given) Given under the hand and seal of my officeon day of __ Stamp and Signature of Tchsildar.
A copy is forwarded to :—
1. Sub Registrar
2. Auction Purchaser L 2 HARYANA GOVT. GAZ.. JAN. 25, 2011 73] (MAGIL. 5. 1932 SAKA) FORM-IX [see rule 8 (10)] (Conveyance deed in case of transfer of rural/urban land) Shri/Smt.____ S S/D/Wlo Sh. 1 ____resident of Village O 1 T P __ District has applied for transfer of the land, the details of which has been given in the schedule below, in terms of Rule 8.1 of Haryana Evacuee Propertics (Management and Disposal) Rules, 2010 being v authorized occupant (s) of the above said land situated in Villag _Tehsil gt Districte o s 3 He/She has been found eligible for transfer of the land and the transfer in his / her /their favour has been approved by the Commissioner (Sales) / Chief Commissioner (Sales) vide orders dated ps _ «in salefileNo.____& e/ Case No. __forasum of ¥ . The transferee has paid the entire sale price as per details given below.
Date of Payment Amount A sumof ¥ has also been assessed on account of use and occupation charges which has also been paid by him on. . The interest amounting to ¥ has also been recovered from him/her on account of delayed payment.
Since the full amount alongwith use and occupation charges and interest have been recovered and transfer has also been approved by the Commissioner (Sales) / Chicf Commissioner (Sales) as such the conveyance deed is being issued Lo him and after the issue of this Conveyance Deed the aforesaid transferee (s) shall become absolute owner of the land given in the schedule.
Schedule (Details of lands with Khasra number and area is to be given) Given under the scal and signature of my office on this day i.c.
Stamp and Signature of Tehsildar.
A copy is forwarded to :— Sub Registrar Applicant HARYAN FORM-X [see rule 9(10)] g ics (Conveyance deed in case of transfer of rural properties) 5 > S/ID/WloSh.___—— ———— Sh/STtes.
ST of Village ST el ~ S e e - has applicd for transfer of the property, the details of which has '?LLH given n; ll}u_ schedule below, in terms of Rule 9 (1) being unauthorized occupant (s) of the : :
Tehsill __ above propertics situated in vill 1 District . He/She has been found eligible for transfer of the propes and the transfer in his / her / their favour has been approved by the Commissioner (Sales) / Chief Commissioner (Sales) vide his orders dated g 3 lll- Sale File No. " / Case No. for a sum of ? . The transferee has paid the entire sale price as per details __resident given below Date of Payment Amount Asumof ¥ has also been assessed on account of use and occupation charges which has also been paid by himon__________. The interest amounting to ¥ __has also been recovered from him/her on account of delayed payment.
Since the full amount alongwith use and occupation charges and interest have been recovered and transfer has also been approved by the Commissioner (Sales) / Chief Commissioner (Sales) as such the conveyance deed is being issued to him and after the issue of this Conveyance Deed the aforesaid transferee (s) shall become absolute owner of the properties given in the schedule.
Schedule (Full details of the property area alongwith its boundaries and dimension be given).
Given under the seal and signature of my office on this day i.e.
Stamp and Signature of Tehsildar.
A copy is forwarded to :— I. Sub Registrar
2. Applicant o HHARYANA GOVT. GAZ., JAN. 25,2011 15 (MAGIL 5. 1932 SAKA) FORM-XI [see rule 10(9)] (Conveyance deed in case of transfer of urban prupcrlics) Shri/Smt. _SIDIW/OShi __resident of village el oo District PN - applied for transfer of the property. the details of which has been given In the schedule below. in terms of Rule 10 (1) being unauthorized occupant (s) of the above properties situated in village = Tehsil A District He/She has been found eligible for transfer of the propertics . and the transfer in his / her / their favour has been approved by the Commissioner (Sales) / Chief Commissioner (Sales) vide hisordersdated Lo Sale File No.__ XY _ /CaseNo.
for a sum of k4 . The wansferce has paid the enti ale price as per details given below.
Date of Payment Amount Asumof R e o _haS also been assessed on account of use and occupation charges which has also been paid by himon - The interest amountingto T has also been recovered from him/her on account of delayed payment.
Since the full amount alongwith use and occupation charges and interest have been recovered and transfer has also been approved by the Commissioner (Sales)/ Chiefl Commissioner (Sales) as uch the conveyance deed is being issued {0 him and after the issue of this Conveyance Deed the aforesaid transferee (s) shall become absolute owner of the propertics given in the schedule.
Schedule 3 . (Full details of the property arci alongwith its boundarics and dimension be given).
Given under the seal and signaturc of my office on this day ie.
Stamp and Signature of Tehsildar.
A copy is forwarded to :—
1. Sub Registrar
2. Applicant FORM-XIT fsee rule 10(11)] f transfer of Industrial Units i _ has applied for transfer of the g l‘v;flidcldlls which has been given in the 12 (1) being lessee/occupant (s) of the above house situated in NIT Faridabad.
been found eligible for transfer of the NIT Faridabad (Conveyance deed in casc 0! L = ) schedule below, in terms of Rule said Industrial Units/residential M/s has 1 their favour has been approved by the roperty in question and the transfer in s :
b [ dated for a sum of id the entire sale price as per details Government vide letter No.
X The transferce has pa given below.
Date of Payment Amount as assessed by k:rd;ncd s The cost of superstructure amounting 10 3T_ the PWD authorities vide their letter No._ has also been recovered from them.
A sumof T__ has also been assessed on account of use and oceupation charges which has also been paid by them on_________ The has also been recovered from them on account interest amountingto¥ of delayed payment.
Since the full amount of Industrial Unit/ residential houses alongwith cost of superstructure, use and occupation charges and interest have been recovered and transfer has been approved by the Government as such the conveyance deed, is being issucd in their favour and after the issue of this Conveyance Deed the aforesaid transferee shall become owner of the propertics given in the schedule.
Schedule (Full details of the property area alongwith its boundaries and dimension be given).
Given under the seal and signature of my office on this day i.e. = Stamp and Signature of Tehsildar.
A copy is forwarded to :—
1. Sub Registrar
2. Mis s MR R HARYANA GOVT. GAZ.. JAN. 25. 2011 1'17 (MAGIHL. 5. 1932 SAKA) FORM-XIII [seerule 10(13)] (Conveyance deed in case of conversion of lease hold rights into free hold in NIT Faridabad) Shri/Smt SIDIW/o Sh. resident of villag Tehsil District has applied for conversion of lease hold rights into frec hold of the property, the details of which has been given in the schedule below. in terms of policy hé.’umy No. 480 (30) 19809/G.11. dated the 22nd September, 1994 or under rule 12 of the Haryana Evacuee Propertics (Management and Disposaly Rules, 2010 ( strike off whichever is notapplicable) being lessee (s)/ occupant (s) of the above said land/ property. He/She has been found eligible for conversion of lease hold rights into free hold of the propertics and the transfer in his/ her / their favour has been approved by the Commissioner (Sales) / Chicf Commissioner (Sales) vide his orderstdated T g in Sale File No. __ [Casc No e for a sum of - s . The transferee has paid the entire sale price as per details given below.
Date of Payment Amount Asumof ¥ has also been assessed on account of use and occupation charges which has also been paid by him on _. The interest amounting to I has also been recovered from him/her on account of delayed payment.
Since the full amount alongwith use and occupation charges and interest have been recovered and conversion of lease hofd rights into free hold has been approved by the Commissioner (Sules) / Chief Commissioncr (Sales) as such the conveyance deed is being issued to him/ her and after the issue of this Conveyance Deed the aforesaid transferee (s) shall become absolute owner of the property given in the schedule.
Schedule (Full details of the property with area dimension and location be given).
Given under the seal and signature of my office on this day i.e.
Stamp and Signature of Tehsildar.
A copy is forwarded 10 :—
1. Sub Registrar __
2. Applicant 118 FORM -XIV [see rule 10 & 18] Sale Certificate in respect of auctions/ transfer conducte d prior to { commencement of these rules.
Shri/Smt.
. SID/Wlo s = Rig Village T Disic e I e the highest bidder in respect of the land/properties given in the Schedule below which was conducted on by SH. for a sum of ¥ OR Shri/ Smt. S/DIW/o Shri X S resident of Village Tehsil District_ __has applied for (ransfer of the lands/ propertics. (he details of which has been given in the schedule, in pursuance 10 the Government policy being unauthorized occupant(s) of the above said lands/propertics situated in village ——— Toebsil s _ Distriet__ “The auction / transfer has been approved by the preseribed authority on._____undenthe State Rules or undcrlhc ])upluccd Persons (Compensation and Rehabilitation) Act 1954 (Act No. 44 of 1954) and Rules, 1955 framed there under (struck off’ which ever is not upplicublc) before the commencement of the Haryana Evacuee Properties (Management and Disposal) Rules. 2010 and the payments towards the cost of land has been made as under:
Date of payment Amount Asumof3__ et has also been received as interest on account of delayed payment. @ Since full payment has been received and as such this sale certificate is being issucd in his/her favour in respect of the ared given in the schedule below and after the issue of this sale certificate he/she shall became the absolute owner of the lands/propertics in question.
Inc s the land has been purchased in restricted auction the auction purchaser shall not be entitled to alienate or mortgage the land in any manner for a period of ten years from the date of confirmation e _and in case this condition is violated then the amount paid shall be forfeited and the land resumed. The apporntment of General Power of Attorney by the auction purchaser in favour of any person other than his family member withina period of ten years shall constitute alicnation for this purpose.
Schedule (Details of Tand/properties Lo be given) Given under my stamps and signature today i.e.
Signature Name and Stamp of Tehsildar.
(9 L From To Subject Reference :
JAN. 25, 2011 119 KA) (MAGH. 5. ]()'32 Annexure-A Shn().(}‘/\d_\ PESE Under Secretary to Government. Punjab, Revenue Department All the Deputy Commissioners in Punjab, (except Simla) Memo No. 784 1-IN (1V) 61 /2699 Dated the 29" August, 1961, Disposal of inferior evacuce land purchased by the Punjab Government from the Central Government, Ministry of Rehabilitation.
Correspondence resting with Punjab Government memo No, 5423- IN (IV) - 61/4447-64, dated the 16" June, 1961.
The Governor of Punjab is pleased to make the following orders in this connection :
o L. The inferior evacuce land of villages within ten miles of the Indo- Pakistan border will be utilized for purposes of allotment to those who have to be given land under the Indo-Pakistan Border Agreement. If any area remains after the resettlement of the Indian Qustees, it may be utilized by resettling the Rai Sikhs of Ferozepore District and suitable persons of Border areas of Gurdaspur and Amritsar Districts and Ex-servicemen.
&) . A colony for Ex-servicemen may be established if land about one thousand acres at two places is found.
3. A colony for graduates in Agriculture, on a cooperative basis may be established in Karnal District where about 500 Acres of land is available.
Fifty percent of the remaining land will be allotted to Harijans of the village and the rest to other land-less persons including the members of the Backward Classes and Indian Christians of the villages and including ex-servicemen on the following terms and conditions. If there are more claimants than the area of the land available, the names of the claimants would be drawn by lottery in the presence of an Advisory Committec to be framed by the Deputy Commissioner and selection will be made accordingly :— HARYANA GOVT. GAZ.. JAN. 25. 2011 (MAGH. 5. 1932 SAKA)
(a) The land will be leased by the Deputy Commissioner, at 12% acre per family for 10 years in the first instalment.
(b) The lessee will not be required to pay any lease money, land revenue or other cessses in the first five years, but the lease money for the Banjar land, will, however. be recovered at the rate of rupee one per acre per year. If canal irrigation has been extended then Abiana will be leviable. After the expiry of that period, the lessee will of course, be required to pay the land revenue and other cesses.
(¢) After a period of five years the lessce shall have the option to purchase the land at the rate of Rs. 40/- per acre of Banjar land and 25/- per acre of Ghair Mumkin land. The lease money recovered from him shall be deducted from the sale price and the net amount due shall be payable either in lump sum or in four equal annual instalments.
(d) If the lessee does not want to purchase the land he shall deliver vacant possession of the land leased to him and will not be entitled to any compensation for the improvements made thereon.
(¢) The lessee shall bring under cultivation or proper use 1/4th of the land in the first three years of the lease. and the remaining 3/4th in the next two years.
(f) The cultivated area or the area put to proper use shall not be reduced to less then one half in any case after the fifth year.
(2) Any breach of condition No. (¢) and (f) for reasons beyond the control of the lease can be condoned by the authority prescribed by the Government in this behalf.
(h) In case a lessce died during the period of the lease, his successors will be given the land on the same conditions.
(i) For any particular arca. any special condition or set of conditions can be prescribed by Government.
() Incaseof adispute between lessee and the Collector, regarding any condition of the lcase or the rights of the Government, the dispute shall be referred to the commissioner of the Division for decision. An appeal against the order of the Commissioner by the allottee shall lie to the State Government, whose decision shall be final.
(For Deputy Commissioner Karnal Only) ® HHARYANA GOVT. GAZ.. JAN. 25. 2011 121 (MAGIL 5. 1932 SAKA) Fie will please send his proposal for establishment of an servicemen colany for graduates in agriculture with an arca of 1000 acres at two place and 500 acres respectively.
Sd/- 0.G.Adya.
Under Seerctury, Revenue 11 No. 7841 IN(IV)-61/2700, Chandigarh, dated the 29th August. 1961 A copy is forwarded to all the Commissioners in Punjab for iformation and necessary action, with reference endst. No. 5423-IN (1V)-61/4465-67, dated the 16 June, 1961.
Sd/- 0.G.Adya, Under Sceretary. Revenue 11 A copy is forwarded 10 the Under Sceretary (o Govt., Punjab. Finance (General) Department for information and record with reference to his U.O.
No. 2382-1G-11-61. dated the 16th March, 1961 read with this department U.0.
No. 5423-IN (1V)-61/4465-67. dated the 16th June, 1961 Sd/- 0.G.Adya, Under Sceretary. Revenue 11 “The Under Secretary to Govt.. Punjab.
Finance (General) Department.
1.0, No. 7841-IN (IV) -61/15058. Chandigarh. dated. the 29th August. 1961 122 HARYANA GOVT. GAZ.. JAN. 25,2011 (MAGIL. 5. 1932 SAKA) Annexure-B HARYANA GOVERNMENT REHABILITATION DEPARTMENT ) From The Joint Sceretary to Govt., Haryana, .
Rehabilitation Depariment.
To The Tehsildar (Sales).
Faridabad.
.
Memo No. 3570/GIV Dated.. Chandigarh the 28.2.1984 Subject Disposal of adjacent land/ correctional area.
The Government has considered the matter regarding disposal of arca f)l N.ILL I and V and after careful adjacent land/ correctional arcas situated in ent land/ correctional arca may consideration. It has been decided that the a be transferred to the occupants at the following rates.
Rates Arca sandwiched between In NH-ITT Rs. 170/- persq. yd.
InNIT&V Rs. 250/- persq. yd. main road and Houses (For residential ) Rs. 500/- per sq. yd.
(for commercial) Correctional area Rs. 50/- per sq. yd.
Upto 75 sq. yds. ‘ *
2. Ithas also been decided that in case any person changes the land use he shall pay an other Rs. 250/- per sq. yd. with 15 % compound interest from the date of allotment of adjacent land. The amount may be recovered in four equal annual instalments. tinstalment shall become due within 30 days from the date of receipt of intimation in this connection and subsequent installments will fall due after the expiry of one year {rom the date of intimation. In case the purchaser makes default in payment of two or more instalments. the amount will be forfeited and the land resumed after due notice. The total amount will. however. can be recovered within a maximum period of § years along with penal interest at the rate of 15 % per annum.
3. The offers for the wansfer of adjacent land/ correctional arca will also be subject to the approval of competent authority as per rules/ instructions.
w HARYANA GOVT. GAZ.. JAN. 25, 2011 12 (MAGIL 5. 1932 SAKA)
3. Tt should also be made clear o the parties concerned while giving them offers for the ransfer of the fands that they are also liable o pay the damage charges/ rent of the land under thew unauthorized occupation which will be determined later on.
5. Further necessary action in accordance with the above decision should be taken immediately and monthly progress report sent to this department.
Sd/- O.P. Tancja.
Joint Secretary to Gov,, Haryana, bilitation Department.
124 HIARYANA GOVT. GAZ.. JAN. 25. 2011 (MAGH. 5. 1932 SAKA) Annexure-C HARYANA GOVERNM RENABILITATION DEPARTMENT Irom The Joint Seeretary 1o Gove. Haryana.
Rehabilitation Department.
The Tehsildar (Sales) Faridabad.
Memo No. 67 (30)/ 9325/ G.IV Dated.. Chandigarh the 6.0.85 Subject . Fixation of rates of adjacent land for NLILITH(Commereial) and NI LI (Residential and Commercial).
120/TSE. dated 20.11.84 on the subject ¢ refer to your memo No. 3 P noted above.
3. The matter for fixation of rates of the adjacent land situated in NLILIT al) and N.IL [1T (Commercial) has been considered by (Residential & Comm.
the Government that it has been decided that following rates be charged from the occupants of adjacent land & - NILIl Rs. 170/ per sq. yd. (for Residential) Rs. 340/- per sq. yd. (for Commercial) NILIT Rs. 340/- per sq. yd. (for Commercial)
3. The other terms and conditions as mentioned in this department leter No. 3570/GIV. dated 28.2.84 will apply to these cases also.
Sd/- Dharamvir, Joint Secretary to Government. Haryana, Rehabilitation Department.
® HARYANA GOVT. GAZ.. JAN. 25, 2011 175 (MAGIL 5, 1932 SAKA) Annexure-D HARYANA GOVERNV REHABILITATION DEPARTMENT From The Financral Commissioner Revenue and Secretary 1o Government [aryana, Rehabilitation Department l'o Tehsildar (Sales) Faridabad.
Memo No, 67 (30)/G.-11/ 11287 Dated. Chandigarh, the 11.7.88 Subject + Disposal of residuary assets of Settlement Organization Faridabad.
N insferred under Administrative and Financial Arrangement dated 31.3.1981.
‘The Goyernment have considered the matter regarding disposal of residuary assets in NIT Faridabad and after careful consideration it has been decided that arca i unauthorized occupation may be offered for transfer to the occupants at the following rates :
Name of Locality Rates Residential Commercial NLHLT Rs. 500/- Rs. 1000/- per sq. yd.
NI Rs. 300/~ Rs. 700/- per sq. yd.
NI T Rs. 325/- Rs. 700/- per sq. yd.
N.H.V Rs. 500/ Rs. 1000/- per sq. yd.
Nehru Ground Rs. 500/~ Rs. 1500/- per sq. yd.
2. ‘The amount shall be recovered in four equal annual instalments. the instalment falling due within 30 days from the date of receipt of the offer. [n the transferce makes default in payment of two or more suceessive instalments the amount already paid by him will be liable to be forfeited and the fand resumed after giving the defaulter an opportunity of being heard. The transferee may.
however. be allowed extension of time in making the payment of overdue installments on his paying penal interest @ 1S % p.a. for the period of such extension but the period for the recovery of the total price including interest shall not exceed 5 years.
3. ‘The occupants will also be liable to pay the occupation charges of the Jand under their unauthorized occupation to be determined by the Managing Officer.
126 HARYANA GOVT. GAZ- JAN. 25. 2011 \MAGH. 3. 1932 SAKA) riod it will be the .~l|pu|&!lcd pe b d the land will y further notice an 4, If the offer is not av: iled of within deemed to have lapsed automatically without an be disposed of as per rules and instructions.
ssue letters of offer to all the 1y delivered through the process such letters must be completed withina period ess should be monitored regularly and a this office in the following requested 101
5. You are, therefore.
them pcrsun;fl unauthorized occupants and have servers, The whole work of 1ssuing of two months at the most and the progf fortnightly report (due on st and 15th) sent O perotrmic:
Sr. Total Nos. of Total No. Progressive RBalance Remarks No. unauthorized served total of the offers 10 be accupants during the No. of sent fortmight oceupants served upto date 1 2 3 4 5 0 sintained in the following perofrma in thistegard
6. Arcgister should be m:
you personally to have an and should he chiecked and signed ¢ effective check on the progress of work y fortnightly by Date of issuc Sr. Name of Name of Arca under Amount duc No. Locality oceupant oceupation of offer | 2 S d 4 5 6 Datcof Due date of Dateof Remarks receipt — deposit of deposit of ofoffer instalments Ist instalment 7 8 9 10
7. ‘Theregister should be puge marked and bear the certificate indic ting the No. of pages contained therein. This should be divided into several portions.
cach portion being carmarked for specific locahty and it should be properly Indexed to facilitate to referencing.
8. The reccipt of this letter may please be acknowledged.
Sd/- (P.P.Chhabra) Joint Secretary (Reh.)
for Financial Commissioner. Revenue and 4 Seeretary 1o (‘vchrnmcn_l'A I luryimzl. g Rehabilitation D‘cpar.lmcnl.‘ T HARYANA GOVT. GAZ.. JAN. 25. 2011 I (MAGIL 5. 1932 SAKA) Annexure=k HARYANA GOVERNMENT REHABILITATION DEPARTMENT I'rom The Financial Commissioner. Revenue and Sceretary to Government, Haryana, Rehabilitaton Department ‘I.(‘ Tehsildar (Sales) Faridabad.
Memo No. 366 (30) /G117 11288 Dated. Chandigarh. the 11.7.88 Subject @ Disposal of adjacent land.
Please refer to this office memo No. 3370/G.1V dated 28.2.84 and 67 (30) 9325/G.-1V dated 6.6.85 on the subject cited above.
2. It has been decided by the Government that the following revised rates in respect of adjacent land in NI'T Faridabad shall be charged in future © Name of Locality Revised Rate Fixed Residential Commercial NLITA : Rs. 500/- Rs. 1000/- per sq. yd.
NI152 Rs. 300/ Rs. 700/- per sq. yd.
NIL3 Rs. 325/- Rs. 700/ per sq. yd.
N.H.5 ' Rs. 500/~ Rs. 1000/~ per sq. yd.
3. The conditions of offer will be the same as already intimated vide this department memo No. 10517/G-1V dated 25.4.84, but an additional clause may be inserted in the offer letter that in case the offer is not accepted within 30 days of the receipt of the offer, area in question will be deemed to have been resumed automatically and will be disposed of s per rules and instructions.
4. Occupants of adjacent land to whom offers were issued in pursuance of this department letters dated 28.2.84 and 6.6.85. but the same were not aviiled of may be issucd a fresh,offer at the above revised rates.
5. The stay granted vide this department memo No. 3157/366 (30) G.IT dated 24.2.88 may be treated as vacated. The receipt of the letter may be acknowledged.
Sd/- (P.P.Chhabra) Joint Secretary (Reh.)
~for Financial Commissioner. Revenue and Secretary to Government. Haryana, Rehabilitation Department.
128 HARYANA GOVT. GAZ.. JAN. 25. 2011 (MAGH. 5. 1932 SAKA) Annexure-F HARYANA GOVERNMENT REHABILITATION DEPARTMENT From The Jomnt Sceretary to Government. Haryana, Rehabilitation Department.
To “Ihe Tehsildar (Sales).
Faridabad.
Memo No. 3577/ GV Dated. Chandigarh. the 28.2.84 Subject : Slum Upgradation Scheme.
Certain land situated on the Periphery of NH-I and 1V have heen The Government unauthorisedly encroached upon by a number of Jhuggi Dwelle has considered the matter and it has been decided o upg wde this colony by providing civil amenitics and to regularize the possession of the unauthorized occupants who are using the land measuring 20 acres situated on the periphery of NI & TV for residential purposes. The lund should be offered to these unauthorized occupants @ Rs. 160/- per sq. yd. which includes Rs. 90/- as cost of development and Rs. 70/- as cost of land. The development work is to be carried out by Faridabad Complex Administration who shall make a detailed scheme in 'd. The amount @ Rs. 160/- per sq. yd. shall be recovered by the this 14 £ Rehabilitation Department form the unauthorized occupants and the proportionate amount on account of development charges, as stated above. will be credited to the IHead of Account of Faridabad Complex Administration and the cost of land in the receipt head of this department. A scparate register be prepared for the amount eredited 1o the head of account of Faridabad Complex Administration. Tt should be made clear to them that the unauthorized oceupants are also liable o pay damages/ rent of land for the period of use, which will be communicated subscquently.
2. The amount may be recovered in 4 equal annual installments. First stallment shall become due within 30 days from the date of receipt of intimation in this conncction and subsequent installments will fall due after the expiry of one year from the date of intimation. In case the purchaser makes default in HARYANA GOVT. GAZ., JAN. 25, 2011 129 (MAGH. 5, 1932 SAKA) payment of 2 or more instalments, the amount will be forfeited and the land resumed after due notice. The total amount can. however, be recovered within a maximum period of 5 years along with penal interest at the rate of 15 % per annum.
Further necessary action should be taken immediately accordingly.
Sd/- (O.P. Tancja) Joint Seeretary to Govt. Haryana, Rehabilitation Department.
Endst. No. 3578 / G.IV Dated, Chandigarh, the 28.2.84 A copy is forwarded to the Chief Administrator, Faridabad Complex Administration, Faridabad for information and necessary action. He is requested that the scheme for providing necessary development work may be sent to this department for further necessary action without any further loss of time. The Head of Account in which the amount @ Rs. 90/- per sq. yd. on account of development charges is to be credited, may also please be intimated to the undersigned as well as Tehsildar (Sales) Faridabad.
Sd/- (O.P.Tancja) Joint Secretary to Govt. Haryana, Rehabilitation Department.
130 HARYANA GOVT. GAZ., JAN. 25. 2011 (MAGHL. 5, 1932 SAKA) Anncxure=G HARYANA GOVERNMENT REHABILITATION DE} ARTMENT From The Joint Secretary to Government, Haryana, Rehabilitation Department.
To The Tehsildar (Sules) cum-M.O.
Faridabad, Memo No. 430 (30) G.11/ 20628 Dated, Chandigarh. the 21.11.89 Subject @ Slum upgradation scheme periphery of NII-3 and 4 in the NIT.
Faridabad Please refer to this department memo No. 3577/G.IV dated 28.2.84 on the subject crted above.
2. The matter regarding revision of rates of arca known as Jan Kalyan has been under consideration and after due consideration it has been decided by the undersigned under Rule 87 of the Displaced Persons (Compensation & Rehabilitation) Rules, 1955 that the land in occupation of the unau{hnri'/.cd.
occupants for residential purposes of Jan Kalyan arca be transferred at the rate of Rs. 100/- per sq. yd. (o be recovered in four annual cqual installments. In addition to the price, Rs. 30/- per sq.yd. would be charged as development chares and be paid to the Faridabad Complex Administration, Faridabad. It has also been decided that period of the acceptance of the offer be enhanced from 30 days to 60 days to give more time to the unauthorized occupants (o arrange the amount of earnest money Lo be paid by the occupants while conveying the acceptance of the offer, in writing, unconditionally. The above decision will be applicable to all such cases in which the offers are yet to be issued and also to the cases in which offers already issued have not been accepted in time. In case anybody does not accept the offer in writing unconditionally and also fails to deposit 25 % of the price within the stipulated period of 60 days from the date of issuc of the offer then the offer will stand lapse automatically and the offeree shall have no right for the transfer of the property and the same will be disposed of according to law. The stay granted on 23.6.89 is vacated qua this area only.
3. You are accordingly directed to make arrangement for the publicity of the scheme in the Jan Kalyan area by beats of drum within a week of the receipt of this letter for inviting applications by 31.12.89 duly supported by documentary evidence regarding substantial construction and self occupation of the property from 1.1.1982 or carlicr form the unauthorized occupants of the Jan Kalyan arca for the transfer of the properties in their respective possession and examine the same on merits. It should also be made clear to them in the offer letter that the transferee of the property shall not use the propertics for any purposc other than HARYANA GOVT. GAZ., JAN. 25, 2011 131 (MAGH. 5. 1932 SAKA) residential purpose and shall also not dispose of the property or any portion thereof by way of sale, transfer, mortgagee. lease/ tenancy or in any other manner till the issuc of conveyance deed, which will be issued on the expiry of a period of ten years from the date of the approval of the transfer of the property by the Competent Authority i.c. assistant Settlement Commissioner. In case any condition of the offer and transfer is violated by the transferce, then the transfer of the property made in his favour will be liable to be setaside at any time. However, the condition of the transfer can be relaxed by the under-signed in genuine cases if the circumstances so warrant. The other conditions as already mentioned in the letter dated 28.2.84 (copy enclosed) under reference will remain unchanged to me are not contradictory to these instructions. The offer letter be the extent the prepared afresh in the light of these instructions and be issued in the capacity of Managing Officer.
Sd/- Ramendra Jakhu, Joint Secretary to Government, Haryana -cum-Chicef Settlement Commissioner, Haryana, Rehabilitation Department.
Endst. No. 430 (30)/ 20629-30/ G.I1 dated 21.11.89 A copy is forwarded to the :—
1. The Deputy Commissioner, Faridabad.
2. The Chief Administrator, Faridabad Complex Administration, Faridabad.
For information and necessary action.
Sd/- Ramendra Jakhu, Joint Secretary to Government, Haryana -cum-Chicf Settlement Commissioner, Haryana, Rehabilitation Department.
A copy is forwarded to the Financial Commissioner and Secretary to Govt.
Haryana, Finance Department. Chandigarh, for information with reference to his U.0.No. 6/179/99-4/ F.G:1/3870 dated 6.1.89.
Sd/- Ramendra Jakhu, Joint Secretary to Government, Haryana -cum-Chief Settlement Commissioner, Haryana, Rehabilitation Department.
To Financial Commissioner & Secretary to Government, Haryana, Finance Department. Chandigarh.
U.0. No. 430 (30) G.11/20631 dated, Chandigarh the 21.11.1989 {. 25,2011 132 HARYANA GOVT.
AGH. 5.
Annexure—H From “The Joint Seeretary 10 Government.
Haryana.
Rehabilitation Department.
To “Fehsildar (Sales) Faridabad Memo No. 480 ( 30) 19809/ G Dated. Chandigarh. the 22.9.94.
arding conversion of lease hold plots of Rehabilitation Subject . Policy reg:
1in NIT, Faridabad Department 1nto frechold Pleasc refer to subject cited above.
rv of Rehabilitation transferred about 300
2. The Govt. of India. Minist 1s/ institutions for residential, plots on 99 years lease to the various persor commercial and religious purposes in the NIT. Faridabad. The Govt. of India s to get their lease hold rights converted into free he id on s fixed by the Govt. of India from time (o ume.
Some of the lessees availed of this opportunity. whilc others failed o get the lease hold converted into free hold. All residuary assets of the Rehabilitation Department in the NIT, Faridabad were transferred o the State Government by Government of India on 31.3.81 under the Administrative and Financial Arrangement. Some of the lessees approached the State Government for the conversion of their leasce hold into free hold.
3. The matter has been considered by the State Government and it has been decided that the lessees who were given plots/ built up propertics by the Government of India on 99 ye perpetual lease for residential. commercial, charitable and religious purposcs be given onc more chance to get their lease hold rights converted into frec hold on payment of conversion charges on the following rates :— gave offer to these less the payment of conver i i cha Name of Locality Rates Residential Commercial N.H.T Rs. 250/- per sq. yd Rs. 500/~ per sq. yd N.HL.TT Rs. 150/- per sq. yd Rs. 350/- per sq. yd N.H. I Rs. 162.50/- per sq. yd Rs. 350/- per sq. yd 1I:.H.\/ Rs. 2%0/- persq. yd Rs. 500/- per sq. yd chru Ground Rs. 250/- per sq. yd . Rs. 750/- per sq. yd - 4. Plot/ built up propertics which were given on lease for charitable.
.rch'gxf)us or public purposes and are being used as such by the lessees other lh‘u;
individual persons may be converted from leasc hold to free hold on a pa; mcnliof conversion charges at the rate of Rs. 10/- per sq. yd .
@ a HARYANA GOVT. GAZ.. JAN. 25. 2011 133 (MAGH. 5. 1932 SAKA) 4 S. Where the Govt. of India had constructed buildings on the lease hold plots or built up properties which were given on lease in perpetuity the price of such structures be got assessed from the P.W.D. (B&R), Haryana and be charged over and above the conversion charges.
6. It has also been decided by the Govi. that the Faridabad Municipal Corporation will not levy any charge for the conversion of land use in respeet of the plots which were charged at commercial rates by the Rehabilitation Department while giving free-hold status.
: 7. The Tehsildar (Sales)-cum-Managing Officer, Faridabad will issuc offers for such conversion to the lessees after geting the up-to-date lease money deposited from the lessees. Before issuing offers for conversion the Tehsildar (Sales), Faridabad will pass a speaking orders meeting all conditions and giving relevant information like arca, location, use, structure cie. in his orders in cach casce.
8. The Tehsildar (Sales), Faridabad would give wide publicity to the above decision and invite applications from the lessees within threc months from the date of this communication. Every application should be signed and cntered in the receipt register.
Sd/- (M.P.Gupta).
Joint Secretary to Govt. Haryana, Rehabilitation Department.
Endst. No. 480 (30)/ 19810 / G.II Dated. Chandigarh the 22.9.94 A copy is forwarded to the Deputy Commissioner, Faridabad for information.
Sd/- (M.P.Gupta).
Joint Secretary to Govt. Haryana.
Rehabilitation Department..
Endst. No. 480 (30)/ 19811 / G.IT Dated, Chandigarh the 22.9.94 A copy is forwarded to the Commissioner. Municipal Corporation.
Faridabad for information and necessary action.
Sd/- (M.P.Gupta), Joint Secretary to Govt. Haryana, Rehabilitation Department.
134 HARYANA GOVT. GAZ.. JAN. 25, 2011 (MAGH. 5. 1932 SAKA) From 'l'n Subject Annexure-] Commissioner and Secretary to Government of Haryana, Rehabilitation Department, Chandigarh.
L. All Heads of Department N . Registrar, Punjab & Haryana High Court.
3. All the Commissioners of the Division in the State.
State.
4. All the Deputy Commissioners in the State.
5. All the District Revenue Officers with delegated powers of Settlement Officers(Sales)in the State
6. All Tehsildars (Sales) in the State.
7. All Naib Tehsildars (Sales) in the State.
Memo No.2(106)/14061-14292/G.1 Dated. Chandigarh, the 1.11.2001.
Regarding transfer of Rural/Urban evacuce lands/propertices to the unauthorized ‘occupants.
Haryana Government in supersession of all earlier policies have after careful consideration, decided to liberalise the existing policies as under :—
(i) All kind of rural cevacuce agricultural land including inferior (1i) ¢evacuee land shall be treated alike for the purpose of transfer of the land (o the unauthorized occupants.
The “Market Price™ 1o be determined by the Govt. on the recommendation of “High Level Price Recommendation Committee” under the Chairmanship of Divisional Commissioner concerned. constituted vide Gowl. letter No, 5(24)/13785-868/G.1 dated 12.11.1996, (here-in-after 10 be called “Commitice™) shall be taken as a base for charging the price of the land in the following manner :—
(2) The unauthorized occupant who is in “continuous cultivating posscss_ion" of the rural evacuce agricultural land since Kharif 1947 10 date shall have 1o pay the cost of land at the rate of 20% of the “Market Price.” 0 Note Note HARYANA GOVT. GAZ.. JAN. 25. 2011 135 (MAGLL 5, 1932 SAKA)
(b) The l‘n.luulhnrixcd occupant who has occupied the land after Kharif 1947 and is in “Continuous cultivating possession” thereof since Kharif 1985 to date shall have to pay the cost of land at the rate of 40% of the “Market Price.” (¢) The unauthorised occupant who has occupied the land after Kharif 1985 and 15 in “continuous cultivating possession”™ thereof since Kharif 1995 (o date shall have 1o pay the cost of land at the rate of 60% of the *Market Price.”
(i) Unauthorised occupant includes his “Predecessors-in-interest™ or “Successor-in-interest” also as the case may be.
(i1) The said Committee while recommending the “Market Price” of a picce of land may take into consideration the Collector rate, prevailing market rate in the vicinity. relative location, kind of soil. type of land.
mode of irrigation and any other relevant factor that could have a bearing on the price. The Committee may also include the cost of well/tube well/structure. if any, belonging to the Rehabilitation Department, existing on that piece of land while determining the “Market Price™ of that picce of land.
(iii) “Continuous cultivating possession” shall be determined only on the basis of the entries made in the revenue record.
(iv) “Stray entry” regarding dispossession shall be ignored as per practice and procedure prevailing in the Revenue Department.
(v, Only “cultivable agricultural land™ shall be transferred to the unauthorised occupants. However any picce of land recorded as “Gair Mumkin”, Banjar Qadim/Banjar Jadid forming part of the main picce of land and not exceeding 4 kanals may also be transferred alongwith the main picce of land on the same rates as mentioned above if the said picce of land is under his unauthorised occupation.
(vi) The Gair Mumkin lands like Banjar Qadim. Banjar Jadid, Gair Mumkin Nadi/Nalah, Gair Mumkin™ Rait, Gair Mumkin Johar etc. shall not be transferred under this policy to the individuals on the basis of possession.
(vii) CEILING FOR TRANSFER OF LAND The “maximum ceiling” for transfer of land shall be upto the “permissible arca” under the provisions of the Haryana Ceiling on Land Holdings Act,1972 including the land already owned by the unauthorised occupants. If any occupant is occupying excess land including his own land beyond the “permissible arca”, then he shall have to vacate the said excess area first and only thereafter his application for transfer of the remaining land shall be considered.
136
2.
HARYANA GOVT
(viii) USE AND OCCUPATION CHAR!
ges shall be recovered for a maximum period wte of occupation whichever is later at the 1e to time. The amount of use and Use the occupation char of 30 years or from the cable from umn Iready paid shall be adjusted against the total prescribed rates appli oceupation charges @ charges.
LLAND. SURROUND ED BY ONE PERSONS'S [LAND A piece of land not exceeding 2 acres surrounded by the land of onc person and having no approach which cannot be disposcd of in any at person at 50% of the can also be transferred 10 th ¢ may not be under his unauthorised (1x) other manner “Market Price although the sam oceupation.
(x) T GRICULTURAL LAND TO holidars etc. shall be treated as All perpetual lessees. Bhondedars. D unauthorised occupants like other unauthorised occupants for the purpose of wransfer of fand in their favour under this scheme.
:SSION_OE
(xi) S/BOARDS/
(a) Any rural evacuce agricultural land which is under occupation of Haryana Government Department or Gram Panchayats. as the casc may be and being used for public purpose may be transferred 0 them free of cost. Any such land occupicd by departments of Central and other State Govts., Boards. Corporations ctc. may be transferred at the price approved by the Government on the recommendation of “Commitice”.
(b) Any cvacuce agricultural land recorded as Gair Mumkin Rasta, Gair Mumkin Johar, Shamshan Ghat, Public Latrines, Drains etc.
and being used for public purposes may be transferred free of cost {0 Gram Panchayat concerned with the rider that they cannot use it for any other purpose.
RURAL EVACUEE HOUSE/SITE AND [IOUSE/SITES ON RURAL AGRICULTURAL LAND.
(i) RURAL_EVACUEE HOUSES/SITES The unauthorised occupants who have raised constructions and having continuous possession since 1.1.95 or carlier may be wransferred the said house/site at the “Reserve Price” already fixed Encluding cnhancement if any, and approved by the Government.
The continuous possession and construction shall be determined HARYANA GOVT. GAZ.. JAN. 25, 2011 137 (MAGH. 5. 1932 SAKA) 32 NOTE
(11)
(iii) on the basis of documentary evidence/record such as receipt of House tax, electricity bill, telephone bill, etc. or on the basis of a centificate issued by the Gram Panchayat concerned.
HOUSES/SITES ON RURAL, lé_\//\(‘!}l;lil\(i};l(__‘lIL'[!I_RA,[, LLAND:
Any piece of rural evacuce agricultural land adjoining to “Village Abadi” which is being used for other than agricultural purpose may be transferred 1o the unauthorised occupants on the same terms and conditions as applicable 10 rural houses/sites. However, possession over such pieces of land shall be determined on the basis of revenue record or documentary evidence only.
USE AND OCCUPATION CHARGES Use and occupation charges shall be charged at the rate of 10% of the price of the house/site to be transferred at the time to passing the order of transfer of house/site.
URBAN EVACUEE AGRICULTURAL LAND G} HOUSES /SITES/ STRUCTURES ( AGRICULTURAL LAND.
F URBAN EVACUEE Urban evacuee agricultural land which is under continuovs possession of an unauthorised occupant since 1.1.95 or befoie and upon which construction has been raised on or before 1.1.95 may be transferred to him at the rate to be fixed by Council of Ministers on the recommendation of “Committee.” The said Committee while determining the “market rate” and suggesting the “rates to be charged” from the unauthorised occupant may take into consideration the Collector Rate, Prevailing market rate in the vicinity, relative location, use of land/site. potential for commercial/non commercial development of the locality, period of unauthorised possession etc. and any other relevant factor that could have a bearing on the price. In addition to above the price so assessed, the transferee shall also be fiable to pay 10% of the total price so assessed as use and occupation charges for the period of unauthorised occupation.
- The continuous posscssion and raising of construction shall be
(i) determined on the basis of documentary evidence such as house tax bill, electricity bill, telephone bill, Completion certificate etc.
URBAN EVACUEE AGRICULTURAL LAND BEING USED FOR AGRICULTURAL PURPOSES.
Urban evacuee agricultural land which is being used for agricultural purposes only and is under the unauthorised occupation may be 138 HARYANA GOVT. GAZ., JAN. 25, 2011 (MAGH. 5, 1932 SAKA) transferred on the same terms and conditions as applicable to lhv,j unauthorised occupants of the Rural evacuee agricultural Ianfi as mentioned in para No.I. However, the “Committee” may take m'tl) consideration the potential of the site for industrial or canr‘ncrcml or urban development, as the case may be, while determining the “Market Price” and may even recommend for non-transfer of the site, if the site is likely to be used in future for public purposes.
(i) LANDS OCCUPIED BY GOVERNMENT DEPARTMENTS.
Where any piece of urban evacuee agricultural land has been encroached upon by Haryana Govt. departments and is being used for public purposes the same may be transferred (o the Haryana Govt. Departments free of cost.
(iv) LANDS OCCUPIED BY OTHER STATE DEPARTMENT! St BOARDS/CORPO Where any urban evacuee agricultural land has been occupied by any Board/Corporation, Municipal Committee, Other State Govt.
Departments or by the Central Govt. or its Boards/Corporation, the san:e may be transferred to them on the price to be approved by the Government on the recommendation of “Committee.” GAIR MUMKIN JOHAR. PATHS, STREETS SHAMSHAN GHATS. PUBLIC LATRINES AND PARKS GREEN BELTS, DRAINS. ETC.
Urban evacuee agricultural land recorded in the revenue record under the above titles and being used for public purposes may be transferred to the Municipal Committees concerned free of cost subject to the condition that the present land use shall not be changed without the prior permission of the Govt. in the Rehabilitation Department.
URBAN EVACUEE HOUSES/SITES.
Urban evacuee site/house which is under continuous possession of an unauthorised occupant since 1.1.1995 or before and upon which construction has been raised, may be transferred to him on the same terms and conditions as applicable to urban evacuee agricultural land upon which construction has been raised as mentioned in para No.3(i) above.
UNUSED LAND OF MODEL TOWNS AND REHABILITATION COLONIES, v HARYANA GOVT. GAZ., JAN. 25, 2011 139 (MAGHL. 5, 1932 SAKA)
6. PENDING TRANSFER APPLICATIONS All pending transfer applications shall be deemed to have been rejected, however, the applicant shall have the option to make fresh application under this scheme COURT CASES.
Unauthorised occupants who have filed cases in courts or have obtained x(qy‘nulcr against dispossession can also apply for transfer, if otherwise c 1!IF)|U However, he/they shall have to withdraw the court case before his application is considered for transfer.
TIME FOR FILING TRANSFER APPLICATIONS 'I‘ch unauthorised occupants shall be required to apply for transfer under this scheme within a period of three months from the date of publication of press Note to be issued by the Govt. in this regard. However, the unauthorised occupant shall have the option to apply for the transfer within one month from the expiry of said period on payment of a penalty at the rate of 10% of the total price of the said property/site/house/land.
CONCESSION _TO THE OCCUPANTS BELONGING TO THE SCHEDUI CASTES.
All categories of unauthorised occupants belonging to scheduled castes shall be entitled for concession at the rate of 25% of the total price of the land/property/site/house, as the case may be.
PAYMENT SCHEDULE OF THE COST OF LAND/HOUSES/SITES
(i) The unauthorised occupant shall have to deposit 25% of the price within one month from the date of intimation of the approval of transfer by the competent authority.
(ii) Rest of the price shall be recovered in 10 half yearly installments over a period of 5 years. Ist instalment shall fall dug=front the first harvest following immediately after the expiry of six months from the date of approval of transfer by the competent authority 1.e.
15th of June and 15th of December of the year in question as the case may be.
(iii) In case of delay in payment of instalment, penal interest at the rate of 18% per annum shall be charged on the delayed amount of instalment for the delayed period. However, if any unauthorised occupant makes default in payment of four consecutive installments, amount already deposited may be forfeited and the land/property may be resumed but the defaulter shall have the right to make an appcal.
(iv) Ifan unauthorised occupant opts to make the payment of price in lump sum within 30 days from the date of intimation of approval of transfer by the competent authority, he shall be entitled for a concession of 10% on the total price of land house/site.
140 HARYANA GOVT. GAZ., JAN. 25, 2011 (MAGH. 5. 1932 SAKA) TED JOINT POSSESSION/OCCUPATION Where the possession of evacuee house/site/land is disputed or it is in lhc joint occupation of more than one person, the same may be transferred, if all the occupants make a joint application for transfer and the price may be recovered in proportion to the area in possession of each occupant.
12. COMPETENT AUTHORITIES
(i) On receipt of application from the’ unauthorised occupant, the same shall be diarised on the same day and record of these application shall be maintained properly in durable registers under ton.
(ii) All the transfer applications shall be processed and decided by the Tehsildar (Sales)/Naib Tehsildar (Salesj-cum-Managing Officer concerned within.a period of three menths in their quasi-judicial capacity.
(iii) Transfer orders passed in respect of rural evacuee agricultural land/ house/sites shall be approved by the District Revenue Officer, concerned. in the capacity of Settlement Officer (Sales). Appeal against the order of District Revenue Officer-cum-Settlement Officer (Sales) will lie before the Deputy Commissioner concerned.
proper att T
(iv) Transfer orders passed in respect of urban evacuee agricultural land/propertics/house/site will be approved by the Deputy Commissioner and appeal against the orders of Deputy Commissioner shall lie before the Divisional Commissioner concerned
(v). The limitation for filing appeai will be thirty days from the date of passing of order.
=J3. REVISION OF USE AND OCCUPATION CHARGES The existing rates of use and occupation charges have been revised as under :— RATES FOR RURAL/URBAN LAND Use and occupation charges have been revised at 8 times of the old rates in all types of lands.
14. If any question arises as to the interpretation of any clause of this scheme, it shall be decided by the Haryana Govt. in the Rehabilitation Department, whose decision shall be final and conclusive. The State Govt. may further issue instructions or frame any guidelines for the proper implementation of this scheme as it may deem fit from time to time.
15. Not-with-standing anything contained in this scheme, area reserved for public purposes such as park, open spaces, green belt/spaces, streets, drains etc. or transfer of which may cause public nuisance shall not be transferred to any private individual or body except to Government departments, Municipal Committee and Panchayats. However, the Competent Authority to approve transfer p o I / <) QJ b HARYANA GOVT. GAZ., JAN. 25, 2011 g 5V (MAGH. 5. 1932 SAKA) Sy shall have the absolute discretion to reject an application for transfer by recording reasons in \).‘Hll"!'.
16. “The Haryana Govt. in the Rehabilitation Department may at any time call for the record of any proceedings under this scheme and may pass such order in relation thereto in its opinion the circumstances of the case require and is not in consistence with any of the provision of the scheme.
17. The carlier policies issued with the following memos. are hereby repealed and this scheme will supersede all of them —
(1) Memo No.2(106)S/G-1/30525-32/G.] dated 2.7.1963.
(ii) Memo No.2(106)/11/15982-92/G-T dated 25.8.81.
(1if) Memo No.3(34)/24007-17/G.11 dated 10.11.81.
(iv) Memo No.76(30)/14964-85)/CG.111 dated 10.10.1983.
(v) Memo No.3570/GIV dated 28.2.1984.
(vi) Memo No.16264-73/G.I dated 29.12.86.
(vii) Memo No.2(106)11/11313-23/Gi.] dated 11.7.88
(vii) Memo No.4254-64/G.11I dated 11.7.88.
(ix) Memo No.336(30)/G.1/11288 dated 11.7.88.
(x) Memo No.67(30)11287/G.I1 dated 11.7.1988.
(xi) Memo No.1(1)3863-73/G.I dated 20.3.89.
(xii) Memo No.1(69)111/10384/G.I dated 3.6.81.
18. Unauthorised occupants who are not covered in this policy may be cvicted from their unauthorised occupation immediately under the relevant provisions of law/rules and instructions under intimation to this deptt.
The above decisions may be complied with meticulously.
Sd/- Deputy Secretary Rehabilitation for Commissioner & Sccretary to Govt.Haryana, Rehabilitation Department.
Endst.No.,2(106)/14293-305/G.I Dated,Chd.,the 1.11.2001.
A copy is forwarded to the following for information and necessary action :—
1. DA/DDA/ADAs.
2. Tehsildar (Sales) Hqrs./Supdt./AR. £)
3. All Deputy Supdts./Reader/C.S.C.
Sd/- Deputy Sccretary Rehabilitation for Commissioner & Secretary to Govt.Haryana, Rehabilitation Department.
142 HARYANA GOVT. GAZ., JAN. 25, 2011 (MAGH. 5, 1932 SAKA) A copy is forwarded 1o the Principal Sccretary to Hon’ble Chief Minister for the information of Hon’ble Chief Minister.
Sd/- Deputy Secretary Rehabilitation for Commissioner & Secretary to Govt. Haryana, Rehabilitation Department.
To Principal Secy.to Hon’ble Chief Minister, Haryana. Chandigarh.
U.0.No.2(106)/14306/G.1 Dated,Chd.the 1.11.2001 A copy is forwarded to Senior Private Secretary to Hon'ble Revenue Minister, for the information of Hon’ble Revenue Minister, Haryana, Chandigarh.
Sd/- Deputy Secretary Rehabilitation for Commissioner & Sccretary to Govt.Haryana, Rehabilitation Department.
To Senior Private Secretary to Hon’ble Revenue Minister, Haryana, Chd.
U.0.No.2 (106)/14307/G.1 Dated Chd., the 1.11.2001 A copy is forwarded to Private Sccretary to Commissioner and Secretary to Govt.of Haryana, Rehabilitation Deptt. for the information of Commissioner Rehabilitation.
Sd/- Deputy Secretary Rehabilitation for Commissioner & Secretary to Govt.Haryana, Rehabilitation Department.
To Private Secy.to Commissioner & Secy.
to Govt.of Haryana, Rehabilitation Deptt.
U.0.No.2(106)/14308/G.I Dated Chd..the 1.11.2001.
NARESH GULATI, Financial Commissioner & Principal Secretary to Government Haryana, Revenue & Disaster Management.
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v " m -