(1) Subject to any rules that may be made under this Act, the Tehsildar (Sales) or Naib-Tehsildar (Sales) may transfer any package deal property-
(a) by sale by public auction;
(b) by sale by auction restricted to socially and educationally Backward Classes of citizens notified by the State Government from time to time or to the members of the Scheduled Castes;
(c) by sale to such class of occupants and at such price as the State Government may by general or special order specify;
(d) by sale to any co-operative society, Government company or local authority or to any corporate body for a public purpose;
1 Substituted by Punjab Act No.10 of 1979, section 3.
Appointment of Chief Sales Commissioners and other officers.
Power to transfer package deal property.
(e) by lease on such terms and conditions as may be prescribed; or
(f) in such other manner as may be prescribed :
Provided that, except in the case of a sale under clause (d), the maximum area that may be transferred to any person, including the area, if any, already owned by him, shall not exceed five standard acres or ten ordinary acres, whichever may be less :
Provided further that no transfer shall be made Benami.
1[(1-A) Notwithstanding anything contained in any judgment, order or decree of any court or the provisions of any other law for the time being in force,-
(i) any transfer made or purported to be made under the provisions of clause (c) of sub-section
(1) shall not be called in question, except in accordance with the procedure and remedies provided in this Act in so far as it violates the provisions of this Act or rules or a general or a special order, made under clause (c) of subsection (1);
(ii) any general or special order issued, or to be issued, under clause (c) of sub-section (1) shall continue to be valid, and shall always be deemed to have been valid; and
(iii) any transfers of land made under the provisions of clause (c) of sub-section (1), having been declared invalid by any court, shall continue to be valid irrespective of the court order.]
(2) For the purposes of transferring any package deal property under sub-section (1), the Tehsildar (Sales) or Naib 1 Inserted by Punjab Act No. 9 of 2016, section 2.
Tehsildar (Sales) may transfer the same to any person individually or joint1y with any other person or persons.
(3) Every Tehsildar (Sales) or Naib Tehsildar (Sales) selling any package deal property by public auction or otherwise under sub-section (1) shall be deemed to be a Revenue Officer within the meaning of sub-section (4) of section 89 of the Registration Act, 1908 (XVI of 1908).
1[(4-A). The package deal property may also be transferred to a displaced person in accordance with the provisions of section 4-B, 4-C, 4-D and 4-E of the Act.
(4-B). (1) A displaced person in whose favour, an order regarding entitlement to property in lieu of the property, left in Pakistan, was passed by any authority, appointed under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 since repealed (hereinafter referred to as the repealed Act of 1954) up to the 5th day of September, 2005, but the property was not allotted or the possession of the allotted property was not given to him, or in whose case, proceedings were pending before any authority for allotment or possession up to the said day, may apply, within a period of ninety days from the date of commencement of the Punjab Package Deal Properties (Disposal) Amendment Act, 2009, to the following authorities, namely :-
(a) the Financial Commissioner, Revenue, if the order was passed by the State Government under the repealed Act of 1954; and
(b) the Claims Commissioner, if the order was passed by an authority, other than the State Government.
(2) The persons, who could not exercise right of appeal or review on account of the repeal of the repealed Act of 1954, shall 1 Inserted by Punjab Act No. 5 of 2009, section 3.
Power to transfer package deal property to displaced persons.
Application for allotment.
also be eligible to submit their applications to the Claims Commissioner for settlement.
(3) The persons, whose claims for allotment were rejected by any officer, appointed under the repealed Act of 1954, and who had not filed any appeal, review or revision within the stipulated period up to the 5th day of September, 2005, shall not be eligible for allotment of property.
4-C. The application referred to in section 4-B, shall inter alia contain the following particulars, namely:-
(a) the name and address of the applicant;
(b) the details of the property held in Pakistan and the name of its owner;
(c) the number and date of order referred to in section 4-B; and
(d) the description of the property, allotted, if any, and the name of the allottee.
4-D. (1) On receipt of the application, the Financial Commissioner, Revenue or the Claims Commissioner, as the case may be, shall make an enquiry in such manner, as may be necessary to determine the quantum of property to which the applicant is entitled and pass an order of allotment of property available at the nearest place of permanent residence of the applicant, and send a copy of the order to the concerned Claims Officer under intimation to the applicant:
Provided that no order under this section shall be made without giving an opportunity of being heard to the applicant and the authorized representative of the State Government.
(2) After the order of allotment is passed under subsection (1), the Claims Officer shall allot a specific property to the applicant and give him its possession.
(3) Where an order of allotment referred to in sub-section
(1) of section 4-B was passed, but the possession was not given to Particulars of the application.
Disposal of the application.
the displaced person, the Claims Commissioner shall direct the concerned Claims Officer to give possession of the allotted property to the displaced person.
4-E. Any person, aggrieved with the order of the Claims Commissioner, passed under section 4-D, may prefer an appeal to the Financial Commissioner, Revenue within a period of sixty days from the date of the order.]
5. Where a Tehsildar (Sales) or Naib Tehsildar (Sales) is satisfied that any person is or has at any time been in unauthorized occupation of any package deal property, then, without prejudice to any other action which may be taken against that person, the Tehsildar (Sales) or Naib Tehsildar (Sales) may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such package deal property and may, by order, require that person to pay the damages within such period and in such instalments as may be specified in the order:
Provided that no order shall be made against any person under this section until after the issue of a notice in writing to the person calling upon him to show cause, within such time as may be specified in the notice, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Tehsildar (Sales) or Naib Tehsildar (Sales), as the case may be.