(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely-
(a) the scale according to which a standard acre is to be converted into ordinary acres;
(b) the terms and conditions under which package deal property may be disposed of or transferred under section 4;
(c) the form and manner in which and the time within which an application for the transfer of Bar of jurisdiction and finality of orders.
Protection of action taken in good faith.
Power to make rules.
property may be made by an occupant and the particulars which it may contain;
(d) the procedure for the transfer of property and the manner of realization of the sale-proceeds;
(e) procedure for valuation of any property forming part of package deal property;
(f) the principles of assessment of damages of package deal property under unauthorized occupation;
(g) the powers, functions and duties of the Tehsildar (Sales) and Naib-Tehsildar (Sales);
(h) the form and manner in which records and books of accounts may be maintained;
(i) the form and manner in which appeals, revisions or other applications may be preferred or made under this Act and the procedure for hearing such appeals, revisions or other applications;
(j) the fees payable in respect of appeals, revisions or other applications made under this Act;
(k) the powers vested in Civil Court which may be exercised by an officer appointed under this Act;
(l) any other matter which is to be or may be prescribed under this Act.
(3) Every rule made under this section shall be laid, as soon as may be, after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive session aforesaid, the House agrees in making any modifications in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
SCHEDULE [See section 2(1-d)] No.3 (35)/Pol.II/60, Land & Rent GOVERNMENT OF INDIA MINISTRY OF REHABILITATION Office of the Chief Settlement Commissioner Jaisalmer House, New Delhi.
Dated the 3rd June, 1961.
From The Chief Settlement Commissioner& Joint Secretary to the Government of India.
To The Secretary to the Government of Punjab, Rehabilitation Department, Jullundur.
Subject.- Sales of surplus rural evacuee lands and houses/taurs to the Punjab Government.
Sir, I am directed to refer to the correspondence resting with Shri B. S.Grewal's d.o.letter No. Reh. (61)/833, dated the 24th April, 1961, on the above subject, and to state that as a result of the further discussions held with him on the 4th May, 1961, the following decisions have been taken for transfer of the surplus evacuee lands and houses/ taurs to the Punjab Government:-
(1) An area of 80.000 std. Acres of surplus land will be sold to the Punjab Government at the rate Rs. 445 per std. acre.
(2) The surplus rural houses/taurs, the estimated value of which is about Rs. 2 crores will be sold to the Punjab Government at 5 per cent of the reserve price already fixed.
(3) The Punjab Government will be given a rebate equal to 6 per cent of the sale price of (1) and (2) above to meet administrative expenses for the disposal of the above properties.
(4) Banjar land, approximately, 1,11,004 acres will be sold to the Punjab Government at Rs. 5 per acre.
(5) The entire area of Ghair mumkin land, the area of which is not yet known will be sold to the Punjab Government at a token price of Rs. 100.
(6) Any other land which is not fit for cultivation such as land under river action or situated in the Bet areas will be treated as Ghair Mumkin/banjar land, as the case may be and sold to the Punjab Government on the rates mentioned under (4) and (5) above. The area of such land is also not yet known.
2. The area or the number wherever mentioned is only approximate. The Punjab Government would take immediate steps to find out the extent of area in each category and the number of the houses/ taurs together with the reserve price. The total amount payable on that account will also be intimated by them soon.
3. It has also been decided that the entire price of the above properties will be paid by the Punjab Government within a period of 3 years commencing from lst April, 1961. The payment will be made half yearly so as to complete the entire price in six instalments. The first instalment will be paid on lst October, 1961. These instalments will not bear any interest. The last instalment will be paid on or before 31st March, 1964.
4. These properties will also be deemed to have been transferred to the Punjab Government with effect from the 1st April
1961. All income derived from these properties after that date, i.e, rent, lease money, etc., will be credited to the State Head of Account.
5. The amount to be paid by the Punjab Government will be credited to the compensation pool under the head of account "XLVI- Misc. receipts, on account of Displaced Persons Receipts on account of acquired evacuee property".
6. Monthly return of the progress of the work may please be forwarded to this office on the l0th of each month.
Yours faithfully, S.W. SHIVESHWARKAR, Chief Settlement Commissioner & Joint Secretary to the Government of India.
No.3 (54)/Pol. II/60-L&R GOVERNMENT OF INDIA MINISTRY OF REHABILITATION Office of the Chief Settlement Commissioner Jaisalmer House, New Delhi.
Dated the 5th March, 1962.
From The Chief Settlement Commissioner.
To The Secretary to the Government of Punjab, Rehabilitation Department, Jullundur.
Subject :- Sales of excess land in occupation of the allottees.
Sir, I am directed to refer to item No.3 of the minutes of the meeting held at Chandigarh on the 29th January, 1962, on the above subject and to say that as decided in the meeting the excess area in occupation of the allottees may be treated as a part of the package deal and its price at the rate of Rs. 445 per standard acre be paid along with the price of other properties forming part of the deal. It may, however, be clarified that only the excess land which has been detected and sold after lst April, 1961, will be disposed of in the above manner. The sale price of the excess land which was detected before that date will be paid directly to the Compensation Pool as was done hitherto.
Yours faithfully, SHIV KUMAR VERMA, for Chief Settlement Commissioner.
No.F.18(40)J/61/Prop./Comp.& Prop.
GOVERNMENT OF INDIA MINISTRY OF WORKS, HOUSING AND REHABILITATION (DEPARTMENT OF REHABILITATION) Office of the Chief Settlement Commissioner Jaisalmer House, New Delhi.
Dated the 23rd March, 1963.
From The Chief Settlement Commissioner.
To The Secretary to Government of Punjab, Rehabilitation Department, Jullundur.
Subject:-Sale of acquired evacuee urban agricultural lands in Punjab to the Punjab Government in a Package Deal.
Sir, I am directed to refer to Shri B. S. Grewal's d.o. letters Nos.
2976/C(Reh) and Reh(CH)/63/234, dated the 19th December,1962 and 18th February, 1963, on the above subject and to Item No.III of the minutes of meeting held in the room of Secretary, Ministry of Works, Housing and Rehabilitation, on 8th January, 1963, with the Financial Commissioner, Punjab, and also to item IV of the minutes of the meeting held at Chandigarh on 16th February, 1963, between the Chief Minister, Punjab and the Union Minister of Works, Housing and Rehabilitation, and to convey the sanction of the President to the sale of the remaining acquired evacuee urban agricultural land in Punjab to the State Government at the rates, etc.
shown in the attached statement.
2. The total price recoverable from the Punjab Government in respect of the above lands is Rs. 18,18,950 (Rupees Eighteen Lacs, Eighteen Thousand, Nine Hundred and Fifty only). The above amount will be paid by the Punjab Government in a lump sum on 1st April, 1963, but in case the State Government desired to pay the amount within a period of one year, i.e., up to31st March, 1964, no interest will be charged. The amount paid by the Punjab Government will be credited to the "Compensation Pool" under the Head of Account "L-II Miscellaneous-Receipts on account of DPs-Receipts forming part of Compensation Pool-Receipts on account of sale of acquired Evacuee Properties".
3. The above lands will be deemed to have been transferred to the Punjab Government from1st April, 1963. All income derived from these properties after 1st April, 1963, i.e., rents, lease money, etc. will be credited to the State Head of Account.
4. Acquired Evacuee Urban agricultural lands which had already been sold by auction or by allotment by the Regional Settlement Commissioner but in respect of which sales / transfers might be cancelled in future on account of the failure of purchasers to pay up the balance purchase price according to agreements, will also be transferred to the Punjab Government at the rates mentioned in para 1 above and the price paid by the Punjab Government will be credited to the Head of Account mentioned in para 2 above.
5. This letter issues with the concurrence of the Ministry of Finance (Department of Expenditure),-vide their U.O. No.
710/FRI/63, dated 22nd March, 1963.
Yours Faithfully, M.J. SRIVASTAVA, Settlement Commissioner (C) & Ex-Officio Under Secretary to the Government of India.
STATEMENT SHOWING THE AREA AND COST OF ACQUIRED EVACUEE URBAN AGRICULTURAL LANDS IN PUNJAB SOLD TO THE PUNJAB GOVERNMENT IN A ' PACKAGE DEAL' Serial No.
Nature of Land Area Rate per acre Amount 1 2 3 4 5 1 2 3 4 Evacuee Area Area under occupancy rights Evacuee share of area jointly owned by Evacuees and non-Evacuees Shamlat lands, Ghairmumkin Rasta and Ghairmumkin Johar Total
680.00 Acres
651.00 Acres 1,296.00 Acres
186.00 Acres 2,813.00 Acres Rs 1,100/- Rs.550/- Rs.550/- ..
Rs.7,48,000.00 Rs.3,58,050.00 Rs.7,12,800.00 Rs.100/- Rs.18,18,950 Note. - (1) Evacuee area shown at Serial No.1 included 176 acres which were auctioned from 1st December, 1962 to 8th January, 1963 and the bids were not confirmed.
(2) Detailed lists of the above lands, transferred to the Punjab Government, will be furnished to the State Government by the R.S.C., Jullundur.
M.J. SRIVASTAVA, Settlement Commissioner (C) & Ex-Officio Under Secretary to the Government of India.
(Token price in all) No.F18 (40)/61-Prop/Comp.&Prop.
GOVERNMENT OF INDIA MINISTRY OF WORKS, HOUSING AND REHABILITATION (DEPARTMENT OF REHABILITATION) Office of the Chief Settlement Commissioner Jaisalmer House, New Delhi.
Dated the 29th March, 1963.
From The Chief Settlement Commissioner.
To The Secretary to Government of Punjab, Rehabilitation Department, Jullundur/Chandigarh.
Subject.-Transfer of acquired evacuee urban built-up properties to the Government of Punjab in package deal.
Sir, I am directed to refer to item No. VI of the minutes of the meeting held at Chandigarh on the 16th February, 1963 between the Chief Minister Punjab and the Union Minister for Works, Housing and Rehabilitation and to convey the sanction of the President to the sale of the remaining Acquired Evacuee Urban Built up properties comprising of houses, shops, Kholas/Sites in Punjab to the Punjab Government at 15 per cent of their reserve price as per details given in the attached statement.
2. The total price recoverable from the Punjab Government in respect of the above properties is Rs. 27, 25,294 (Rupees twentyseven lacs twenty-five thousand two hundred and ninety-four only). The above amount will be paid by the Punjab Government in a lump sum on 1st April, 1963 but in case the State Government desire to pay the amount within a period of one year i.e., upto 3lst March,1964,no interest will be charged. The amount paid by the Punjab Government will be credited to the "Compensation Pool" under the Head of Account 'L-II- Miscellaneous Receipts on account of DPs-Receipts forming part of Compensation Pool-Receipts on account of Sale of acquired Evacuee Properties".
3. The above properties will be deemed to have been transferred to the Punjab Government from 1st April, 1963. All income derived from these Properties after 1st April, 1963, i.e. rents, lease money etc. will be credited to the State Head of Account. All receipts of these properties in respect of the period prior to the 1st April 1963, will be credited to the Central Government.
4. Acquired Urban Evacuee built up properties which had already been sold by auction or by allotment by "the Regional Settlement Commissioner but in respect of which sales/transfers might be cancelled in future on account of failure of purchasers to pay up the balance purchase price or for any other reason will not form part of this Package Deal. Such properties will be disposed of by the State Government and the sale-proceeds credited to the Central Government. The question of paying the State Government a commission on the sale proceeds to cover their expenditure will be considered in due course.
5. This letter issues with the concurrence of the Ministry of Finance (Department of Expenditure),-vide their U.O. No. 766/FR-I/63 dated 27th March, 1963.
Yours faithfully, M.J. Srivastava, Settlement Commissioner and Ex-Officio Under Secretary to the Government of India.
STATEMENT SHOWING DETAILS IN RESPECT OF ACQUIRED EVACUEE URBAN PROPERTIES IN PUNJAB SOLD TO THE PUNJAB GOVERNMENT IN A ' PACKAGE DEAL' Seri al No.
Nature of properties No. of properties Reserve price Price to be paid by the Punjab Government 1 2 3 4 5 1 2 3 Houses Shops Kholas/sit es 7,381 170 7,543 15,094 Rs 1,15,33,313/- Rs.6,64,218/- Rs.59,71,092/- Rs.1,81,68,623/- Rs.17,29,997/- Rs.99,633/- Rs.8,95,564/- Rs.27,25,294/- Note.-Detailed lists of the properties transferred to the Punjab Government are being prepared by the Regional Settlement Commissioner, Jullundur after actual survey and will be furnished to the State Government by the Regional Settlement Commissioner.
There may, therefore, be some variation in the above figures.
M.J. Srivastava, Settlement Commissioner and Ex-Officio Under Secretary to the Government of India.
S.S. Kalha, Secretary to Government, Punjab, Legislative Department.