section Schedule
Schedule
The Haryana Ceiling on Land Holding Act, 1972[See provide to rule 5(3) (Area in hectares) Sr. No. Name of the tract Community Upto Above 5 Above 7.5 Developments Blocks 5 H.P and upto H.P 7.5 H.P 1 2 3 4 5 6 1. KHADAR (i) Chhachhrauli 2.50 3.00 4.00 AREA (ii) Jagadhri (iii) Ladwa (iv) Nilokheri (v) Karnal (vi) Gharaunda (vii) Panipat (viii)Samalkha (ix) Ganaur (x) Sonepat (xi) Rai (xii) Faridabad (xiii) Ballabgarh (xiv)Palwal (xv) Hodel 2. GHAGGAR (i) Ghula 2.50 3.00 4.00 TRACT (ii) Thanesar (iii) Shahabad (iv) Narwana (v) Tohana (vi) Ratia (vii) Rania 3. UP LAND (i) Ambala 2.00 2.50 3.50 PLANTS (ii) Barar (iii)Pundri 4. ARID TRACT (i) Patudi (SAHIBI) 1.50 2.00 2.00 5. ARID TRACT (i) Ateli 1.00 1.50 1.50 (OTHERS) (ii) Kanina (iii)Narnaul (iv)Nangal Chaudhary (v)Bhadhra (vi)Loharu (vii)Dadri 6. CENTRAL (i) Assand 2.00 2.50 3.50 PARTS (ii)Kalayat (iii) Jind (iv)Safidon (v)Kaithal (vi)Fatehabad (vii)Sirsa (viii)Baragura 7. REMAINING BLCOKS IN THE STATE 1.00 1.50 1.50 FORM I Declaration Form (Under Section 9) Presented to _______________________________________________________________ Declaration by___________________________Son of___________________________ ___________________,Village_________________,Tehsil_______________________ District____________________under section 9 of Haryana Ceiling on Land Holdings Act, 1972, regarding particulars of land owned by him and his family and section of permissible area for him and his family members. PART A Details of family members Sr.No. Name Age declarant Relationship Permissible Remarks with the area in terms of ̳C‘ category land (a) Primary Unit- 21.8 hectares (1) (2) (3) (4) (5) (b) Additional (i.e. minor children in addition to the above 3 excepting members married minor daughters) (6) (7) (8) (9) (10) (c) Separate Unit (i.e. adult sons living with their parents or either of them, in case of death of any such son, his widow/children) (1) (2) (3) (4) (5) PART B Details of all land held by the members of the family as landowners, tenants or mortgagees with possession or partly in one capacity or partly in another Serial No. Name Father’s 2 3 Date and mode of acquisition, i.e.by inheri - tance / purchase Approxi mate date of mutation A Category Land AA Cate- gory Land B Category Land C Cate- gory Land Remarks (a) As landowners (i) (ii) (iii) (iv) (v) (vi) (i) (ii) (iii) (iv) (v) (vi) (i) (ii) (iii) (iv) (v) (vi) (b) As tenants (c) As mortgagees PART C (i) Valuation of all types of land held by all the members of the family (in terms of C Category Land) and (ii) the calculation of extent of permissible area for all members of the family. Valuation of land Extent of permissible area for (Kanals in terms of C category Land) Primary Unit of family Additional members Separate Unit Total area (in Kanals) Name Area Name Area Name Area (In Kanals) (In Kanals) (In Kanals) (i) (Total) Kanals under column (6) of Part B- (Total Kanals) x 3= (ii) (Total) Kanals under column (7) of Part B- (Total Kanals) x 12 -----= (iii) (Total) Kanals under column (8) of Part B- (Total Kanals) x 2= (iv) (Total) Kanals under column (9) of Part B- (Total Kanals) x 1= PART D Details of land claimed / selection of ̳and for retention as permissible area Category of land permissible / selected Part I A Category AA Category Land B Category Land C Category Land Total area to be selected Remarks Land in terms of ̳C‘ Category Land Khasra Area Valu-Khasra Area Valu-Khasra Area Valu-Khasra Area Valu-Khasra Area Valu- No. (in ation No. (in ation No. (in ation No. (in ation No. (in ation Kanals) of Kanals) of Kanals) of Kanals) of Kanals) of land land land land land X3 X2 X1X12 Part II (i) Area held by landowner on 30.7.1958: (ii) Permissible area on 30.7.1958 under A.K.M the Acts (The Punjab Security of Land Tenures Act, 1953/ The Pepsu Tenancy and Agricultural Lands Act, 1955.) indicated below: (iii) Area of land sold/transferred, if any, between 30.07.1958 and 24.1.1971 PART E (Details of area offered as surplus) A Category Land AA Category Land B Category Land C Category Land Reamarks Khasra No. Area (in Kanals) Valu- ation of land Khasra No. Area (in Kanals) Valu- ation of land Khasra No. Area (in Kanals) Valu- ation of land Khasra No. Area (in Kanals) Valu- ation of land Kha sra No. Area (in Kan als) Valu - ation of land Signature of the declarant I, _________________________________ son of _________________________________ of village _______________________________, Tehsil________________________,District __________________________hereby solemnly declare and affirm that the particulars given by me in this declaration are true to the best of my knowledge and belief and that nothing. Signature of the declarant ATTESTED Certified that the above declaration was made on solemn affirmation before me by_______________________________________ or has been read out by me to Shri __________________________ Son of ______________________________ resident of village ____________________, Tehsil___________________________ District____________________, this ______________ day of _________ 19 at____________ Dated :_______________ Magistrate 1st Class / Oath Commissioner at ________________________________ Certified by Prescribed Authority Certified; (i) that this form has been entered at Serial No._____________ of the register maintained for the purpose, and (ii) that a duly signed receipt has been issued to the declarant. Signature of the declaration in token of having obtained the receipt. Prescribed Authority FORM II Declaration Form (Under Section 10) Prepared by Shri______________________Tehsildar_________________, District _____________________________ in respect of the land held by Shri______________________ of village_____________________ Tehsil ________________District_______________. PART A Details of family members Sr. Name Age Relationship Remarks No. with the declarant (a) Primary Unit (1) (2) (3) (4) (5) (b) Additional Members (i.e. minor children in addition to the above excepting married minor daughters). (6) (7) (8) (9) (c) Separate Unit (i.e. adult sons in case of death of any such son, his widow/ Children) (1) (2) (3) (4) PART B Details of all land held by the members of the family as landowners, tenants or mortgagees with possession or Partly in one capacity, or partly in another Serial No. Name Father’s Date and mode of acquisition i.e. by inheri- trance/purchase Approxi- mate date of mutat- ion A Category Land AA Category Land B Category Land C Category Land Remarks 1 2 3 4 5 6 7 8 9 10 (a) As landowners (i) (ii) (iii) (iv) (v) (vi) (b) As tenants (i) (ii) (iii) (iv) (v) (vi) (c) As mortgagees (i) (ii) (iii) (iv) (v) (vi) PART C (i) Valuation of all types of land held by all the members of the family (in terms of C Category Land) and (ii) the calculation of extent of permissible area for all members of the family. Valuation of land Extent of permissible area for (Kanals in terms of C category Land) Primary Unit of family Name Area (In Kanals) Additional members Name Area (In Kanals) Separate Unit Name Area (In Kanals) Total area (in Kanals) (i) (Total) Kanals under column (6) of Part B- (Total Kanals) x 3= (ii) (Total) Kanals under column (7) of Part B- (Total Kanals) x 12 -----= (iii) (Total) Kanals under column (8) of Part B- (Total Kanals) x 2= (iv) (Total) Kanals under column (9) of Part B- (Total Kanals) x 1= FORM III (Under Section 10) NOTICE A copy of the statement prepared under Section 10 of the Haryana Ceiling on Land Holdings Act, 1972 and pertaining to the land owned or held by you, as known at the moment, is sent herewith, for your information You may appear personally or by duly authorised agent before the undersigned on _____________ at__________ and state as to why surplus land be not determined under the Act on the basis of this statement. Be it noted that in case you fail to appear on the said date and time, an exparte decision would be taken. Prescribed Authority, Dated___________________ Designation_______________________ Place ___________________ Address__________________________ FORM IV (Under Section 11) Statement showing the particular of land of a landowner as required under Section 11 of the Haryana Ceiling on Land Holdings Act, 1972 Note: - Figures wherever required to be given in this form should be in English numerals. PART A Land held by the Family Head of the family -(1) Other Members:- (1) (2) (3) (4) (5) Tehsil Location of land Village Qila No. Khasra No, Additional-Land held by any person being treated as separate unit Tehsil Location of land Village Qila No. Khasra No, PART B Area permissible of the Details of the Land Area permissible to Separate Details of Land Remarks Family Unit Village_____________Tehsil___________Name____________ Village__________Tehsil______Name___________ Qila No. Khasra No. Qila No. Khasra No PART C Details of the Land declared surplus Tehsil Village Qila No. Khasra No. Prescribed Authority____________________________________ Designation_____________________________________________ Address________________________________________________ Total Area = Regd. / A.D. No._____________________________Dated__________________________ Office of the_____________________________________________________ (Prescribed Authority) A copy is forwarded to Shri__________________________, son of _______________________resident of village______________, Tehsil____________________________, and District_____________________for necessary action under Section 11(2) of the Haryana Ceiling on Land Holdings Act, 1972. Signature: Prescribed Authority____________________________________ Designation___________________________________________ Address______________________________________________ No.____________________________Dated_______________________ A Copy in triplicate is forwarded to the Tehsildar as required under Section 11(2) of the Haryana Ceiling on Land Holdings Act, 1972. One copy be served on the tenant(s) of the landowner and the second copy to be returned in acknowledgement thereof Signature: Prescribed Authority____________________________________ Designation___________________________________________ Address______________________________________________ No.____________________________Dated_______________________ A copy is forwarded to the Collector of _________________________District Signature: Prescribed Authority_______________________________ Designation__________________________________________ Address_________________________________________ FORM V [Under Section 13] To ....................................... ........................................ As per details given in the reverse ................... of land belonging to you and situated in village (s) has been declared surplus. You are hereby directed to handover the possession of this land to .............. within 10 days of the service of this order. Be it noted that in case you fail to deliver the possession as required action would be taken under Section 13(2) of the Haryana Ceiling on Land-Holding Act, 1972 to secure the possession. Prescribed Authority Place....................... Designation.................... Dated..................... Address......................... FORM VI [(Under Section 16(2)] Statement of amount payable to Shri.........................., son of ..................... Resident of Village......................, Tehsil....................District.................... Details of land declared surplus and for which the Amount Details of amount due on account of Total amount payable inclusive of amount to be paid payable building Structure, tubewell or crops on interest and manner of payment the land indicated in Column I 1 234 Village......, Tehsil......... (a) Details of land of the value.... annas /paise Building:- Structure: Tubewells:- Total Amount..................... Manner of payment: (a)Ist instalment 1.2...........Rs............... ...................................... ........................ Class of land Khasra No. Area............ Crops etc...... 1.8 (b) Details of land of the value of ....annas/Paise ...................................... (b) Nine other instalments each amounting to Rs.......... to be paid on 1st of..........each year. .................................................. Class of land Khasra No. Area Details of payment G. Total ........................................ Amount Voucher No. and date with the name of the Treasury No.......................... Dated....................... A copy is forwarded to Shri ...................................................., son of.................................................. resident of Village...........................Tehsil.........................., District................................... for information. He should contact the Tehsildar ...................................... for payment of amount. Prescribed Authority.............................. Designation.......................................... Address............................................... ____________________ ____________________ FORM VII [(Under Section 16(2)] To A copy of the statement prepared under sub-section (2) of Section 16 of the Haryana Ceiling on Land Holdings Act, 1972, is forwarded to you under the said sub-section. You are hereby required to appear personally or by duly authorised agent before the undersigned on the ________________ at_____________________ (mentioned here date) (Mentioned here time and place) and state the nature of your interest on the land and the amount and particulars of your claim to the amount for such interest. Date_________________ Place__________________ Prescribed Authority, Designation____________________ Address_______________________ FORM VIII (For Office use only) Voucher for payment of Amount in cash (in lieu of surplus land acquired under the Haryana Ceiling on Land Holdings Act, 1972) Book No. Voucher No. Head of Account Chargeable The Treasury Officer .........................................District is required to pay to Shri...................................................., son of ..........................Village......................,Tehsil.........,. District the sum of Rs. (in words) ............................................................ (Rs.......................................................) as.......................................instalment of amount due to him on account of the surplus land acquired from him. S.D.O. (C) Received the voucher Signature Certified that entry has been made about this amount in Form VI in the possession of the payee. S.D.O. (C) FORM VIII (For Office use only) Voucher for payment of Amount in cash (in lieu of surplus land acquired under the Haryana Ceiling on Land Holdings Act, 1972) Book No. Voucher No. Head of Account Chargeable The Treasury Officer .........................................District is required to pay to Shri...................................................., son of ..........................Village......................,Tehsil.........,.Dist rict the sum of Rs. (in words) ............................................................ (Rs.......................................................) as.......................................instalment of amount due to him on account of the surplus land acquired from him. S.D.O. (C) Received the voucher Signature Certified that entry has been made about this amount in Form VI in the possession of the payee. S.D.O. (C) FORM IX [See Rule 12] Statement of encashed amount cash vouchers issued for the surplus area determined under the Haryana Ceiling on Land Holdings Act, 1972. Treasury__________________ District____________________ Date of Book and Treasury/Sub-Amount paid Signature of Remarks encash-serial No. of Treasury Treasury Officer ment Vouchers Voucher No. 12345 6 FORM IX [See Rule 12] Monthly statement of payment of amount in cash for the surplus area determined under the provisions of the Haryana Ceiling on Land Holdings Act, 1972 Tehsil____________________,District__________________, Month____________ Book and serial No. of Total amount Remarks Voucher encashment 1 23 Treasury Officer, _______________District Date_________________ To The Tehsildar, ______________________ FORM IX [See Rule 12] Consolidated quarterly statement of payment of amount in cash for the surplus area determined under the provisions of the Haryana Ceiling on Land Holdings Act, 1972. For the month of _____________, 19 Name of District Total amount paid Remarks 12 3 No._______________ Date.______________ Forwarded to the - Secretary to Government, Haryana Revenue Department, for information. Deputy Commissioner ____________District. THE HARYANA UTILISATION OF SURPLUS AND OTHERS AREAS SCHEME, 1976 CONTENTS 1. Short title. 2. Definitions. 3. Preparation of lists of surplus area. 4. Categories of eligible persons and inter se priority therein. 5. Application by eligible person. 6. Scrutiny of applications. 7. Principles and procedure of allotment. 8. Association of possession. 8. A Delivery of possession. 9. Mode of payment. 10. Issue of certificate and delivery of possession. 11. Recovery of instalments. 12. Conditions of allotment. 13. Appeal and revision. 14. Repeal and saving Forms. The Haryana Utilisation of Surplus and Other Areas Scheme, 1976 (Published vide No. GSR 141/H.A. 2626/72/S. 15/76 dated 28.5.1976.) In exercise of the powers conferred by Section 15 of the Haryana Ceiling on Land Holdings Act, 1972, the Governor of Haryana hereby frames the following scheme, namely :- 1. SHORT TITLE. -- This scheme may be called the Haryana Utilisation of Surplus and Other areas Scheme, 1976. 2. DEFINITIONS.-- (1) In this scheme, unless the context otherwise requires- (a) ."allotment authority' means the Sub-Divisional Officer (Civil) in whose jurisdiction the surplus area to be allotted is situate, or any other officer who may be declared as such by the State Government from time to ·time in respect of any particular area; (b)'form' means a form appended to this scheme. (2) The words and expressions used and not defined in this scheme but defined in the Act or the rules made thereunder, shall have the same meaning as are assigned to them in the Act or the rules. 3. PREPARATION OF LISTS OF SURPLUS AREA.--The Allotment Authority shall prepare Village-wise lists indicating the surplus area and the tenants' permissible area deemed to have vested in the State Government under sub-section (3) of Section 12, excluding the surplus area or other area in respect of which the purchase applications under Section 18 of the Punjab Law or Section 22 of the Pepsu Law are pending since before the 23rd day of December, 1972 and are to be disposed of in terms of clause (i) of sub- section (2) of Section 33 of the Act, and shall thereafter prepare such lists of the surplus area as and when acquired under sub- section (1) of Section 12 in form U.S.I mentioning therein (i)filed (Khasra) numbers in serial numerical order; (ii)name of the landowner; (iii)area of every filed (Khasra) number; and (iv) kind of soil in respect of each field (Khasra) number as entered in the latest khasra Girdawari. 4. CATEGORIES OF ELIGIBLE PERSONS AND INTER SE PRIORITY THEREIN. - -The categories of eligible persons shall be as follows, namely: CATEGORY A. - a tenant holding land declared as the tenant's permissible area, under the Punjab Law or the Pepsu Law as the case may be; CATEGORY B.- a tenant who was allotted and given possession of land in the surplus area by the State Government under the Punjab Law or the Pepsu Law and is holding the same; . CATEGORY BB.-a tenant who has been in possession of land since 15th April, 1953 or prior to that date and such land is not included in the permissible area of the landowner. CATEGORY C.-a tenant liable to ejectment as a result of an ejectment order of decree passed against him under clause (i) of sub-section (1) of Section 9 of the Punjab Law or sub-section (1) of Section 7 A of the Pepsu Law; CATEGORY CC. - a tenant on the permissible area of the landowner or have been a tenant of the small landowner, on or before the appointed day and the land under his tenancy falls in the surplus area of the landowner under the Act. . CATEGORY D. - a tenant who has been on the permissible area of the landowner or a tenant of a small landowner since before the appointed day. against whom no ejectment order or decree has been passed under clause (i) of sub-section (1) of Section 9 of the Punjab Law or subsection (1) of Section 7 A of the Pepsu law. CATEGORY E. - an agricultural worker. CATEGORY F. - a tenant, settled on the surplus area by the landowner before Kharif, 1968 who is not (i)the landowner's relation of the category specified in clause (9) of Section 2 of the Punjab Law or the rules made thereunder; or (ii) the landowner's relation of the category specified in the rules made under sub-clause (ii) of clause (g) of Section 2 read with Section 52 of the Pepsu Law; or (iii) the landowner's relation of the category specified in the rules made under clause (s) of Section 3 read with Section 31 of this Act; CATEGORY G. - A landless person; CATEGORY H. - An ex-servicemen; CATEGORY I.-A person owning land measuring less than two hectares of C Category or land of its equivalent value. EXPLANATION 1. The Eligible person, entitled to the allotment of surplus area in the village, falling in any of the Categories E, G, H and I means a person who has been residing in the Village, wherein the surplus area applied for by him is situate, since the 24th Day of January, 1971, and whose annual household income doe~ not exceed two thousand and fourhundred rupees. EXPLANATION II.-No person, falling in category A on Category B whose application for the purchase of land under his tenancy under Section 18 of the Punjab Law or' Section 22 of the Pepsu Law, as the case may be, is pending, shall be entitled land under Pepsu Law, as the case may be, is pending, shall be allotted land under Pepsu Law, as the case may be, is pending, shall be allotted land under this scheme during the pendency of such application. 5. APPLICATIONS BY ELIGIBLE PERSONS.-(1) The allotment authority shall display for not less than seven days at his office a list of surplus area and the tenants permissible area deemed to have vested in the State Government under sub-section (3) of Section 12 and the list of the surplus area acquired from time to time under sub-section (1) of Section 12, in each village. He shall also display a list of the Categories of eligible persons who may apply for allotment. The display of the lists shall be announced by beat of drum in the village and the Patwari shall make an entry to that effect in e daily diary. (2) Any eligible person, desiring to have land allotted to him, may, within a period of thirty days from the date of announcement under sub-paragraph (1), submit an application in Form U.S. 2 bearing a court fee stamp of two rupees to the allotment authority indicating the village of his residence. (3) Any eligible person falling in Category A or Category B may submit an application in Form U.S.2, bearing a court fee stamp of two rupees to the allotment authority within a period of thirty days from the date of disposal of his application for the purchase of land under Section 18 of the Punjab Law or Section 22 of the Pepsu Law as the case may be. (4) No application for allotment shall be entertained with respect to a village where no surplus area or the tenant's permissible area is available. (5) Where after making allotment to infuture eligible persons in the village, surplus land is still available, applications for its allotment may be invited from the eligible persons:(i) belonging to the villages falling in the same Patwar circle; (ii) belonging to the other villages whose boundaries adjoin the boundaries of the village in which surplus land is statue, if surplus land is still available after making allotment to the eligible persons mentioned in (i) above in accordance with the procedure laid down in paragraph 4 and sub clauses (1) and (2) of this paragraph. NOTE.-Explanation 1 to paragraph 4 shall apply mutatis mutandis to the eligible persons under this c1ause." 6. SCRUTINY OF APPLICATIONS.-(1) The allotment authority shall scrutinize the applications, after such summary enquiry at it may deem necessary, draw up village wise lists of applicants who are found eligible for, allotment of land, and prepare separate lists of eligible persons falling in ~ah of the Categories mentioned in paragraph 4. (2) The summary enquiry will, as far as possible, be made in the village to which the applicant belongs. 7. PRINCIPLES AND PROCEDURE OF ALLOTMENT.-The allotment authority shall make allotment first of all the surplus area and the tenants' permissible area deemed to have vested in the State Government under sub-section (3) of Section 1~ and thereafter the surplus area acquired from time to time under sub-section (1) of Section 12, in each village in favour of eligible persons after observing the following principles and procedure namely: (i) inter se priority amongst the eligible Categories shall be in the same order in which these have been listed in paragraph 4, that is Category A will take precedence over Category B and Category B will take precedence over (Category BB) and so on; (ii) eligible persons of category A will be allotted land to the extent of permissible area under this Act out of the area held by them; (iii)eligible persons of Category B will be allotted the areas held by them; . (iv) inter se priority amongst the eligible persons category-wise falling in categories (88, C, CC, 0, E,F,H and I) shall be arranged in the same order as the extent of .area acquired for their resettlement with the smallest landowner coming on the top. Where several claimants are entitled to the same priority, the allotment authority shall prepare a list of their names in alphabetical order in Hindi (Devnagri Scrip and the allotment to them shall be made according to the serial number of the list so prepared. The same principle of alphabetical order shall be .followed in the case of persons falling in Category G. The land owned by the claimants and the members of their families as on 1st day of January, 1976 shall be reckoned for the purposes of this paragraph; (v) the extent of surplus are allotted to the various Categories mentioned in paragrpah 4 will be as follows:(A) CATEGORY A.- to the extent of the tenants' permissible area or the permissible area under the Act, whichever is less; (B) CATEGORY B. - to the extent of the area allotted to and held by the eligible persons; (BB) CATEGORY BB.-Two hectares of C category land or land of equivalent value, provided that the total area of land, including the land already held by the allottee shall not exceed two hectares, of C Category land or land of its equivalent value; (C) CATEGORY C.-to the extent prescribed in Section 9A of the Punjab Law or Section 7 A of the Pepsu Law, and the rules made thereunder; (CC) CATEGORY CC.-two hectares of C Category land or land of equivalent value: Provided that the total area of land, including the land already held by the allottee shall not exceed two hectares of C Category land or land of its equivalent value"; (D) CATEGORY D TO 1.- two hectares of C category land or land of equivalent value subject to the condition that the area allotted plus.the area, if any, already held by the allottee shall be exceed two hectares of C Category land or land of its equivalent value; (vi) the allotment authority shall first satisfy the requirements of applicants. in a village, falling in Categories (A, B, BB, C and CC) in that order, by allotment to them of the area available in the same village; (vii) after making allotment to persons falling in Categories (A,B, BB,C and CC), the allotment authority shall take the following steps, namely (a) three separate lists of eligible persons belonging to Scheduled Castes, Backward Classes and others falling in Categories D,E,F,G,H. and I. shall be prepared for allotment of the remaining surplus area in the village to them; (b) the remaining available surplus area in the village after satisfying the claims of Categories (A, B,BB,C and CC). shall be sub-divided into three lists for allotment to members of the Scheduled Castes, Backward Classes and other and each list shall contain the particulars mentioned in paragraph 3. Forty per cent of such surplus area shall first be earmarked. according to the numerical order of field· (Khasra) numbers, for eligible persons belonging to the Scheduled Castes, the next ten per cent. according to the numerical order of field (Khasra) numbers, shall be earmarked· for eligible persons belonging to the Backward Classes and the balance fifty per cent according to the numerical order of filed (Khasra) numbers shall be earmarked for the remaining eligible persons. Inter se priority within each of the lists mentioned in sub-clause (a) shall be according to the principles laid down in clause (1); (c) allotment of land shall be made to the persons in the lists mentioned in sub-clause (a) from the respective area earmarked for them as in sub clause (b); (d) in case the surplus area reserved for allotment to Scheduled Castes or a portion thereof remains unutilised after such allotment, such unutilised area shall be added to the area earmarked for allotment to the Backward Classes. If the total area thus becoming available for allotment to the Backward Classes or a portion thereof remains unutilised after such allotment, such unutilised area shall be added to the area earmarked for the other eligible persons in the village. Likewise overflow of surplus area earmarked for allotment to the other eligible persons shall first be added to the area reserved for Scheduled Castes and the unutilised balance, if any, to the area earmarked for the Backward Classes; (viii) the eligible persons falling in Category 0 shall be allotted land only in case they relinquish their existing tenancies; . (ix) while making the allotment to eligible persons falling in Categories (C, CC, 0, E, F, G, H and I), the allotment authority shall confirm to the numerical order of field (Khasra) numbers mentioned in the lists prepared under paragraph 3 and sub-clause (b) of the clause (vii); (x) where mortgage rights in respect of any land falling within the surplus area have vested in the State Government under the proviso to sub section (1) of Section 12 of the Act, such land shall not be allotted to any person, until the Government becomes its full owner. The Government may, however, give such land on lease to any person from year to year. 8. ASSOCIAIION OF NON-OFFICIALS.-Before drawing up villagewise lists under paragraph 6 and before passing an order of allotment under paragraph 7, the allotment authority shall consult at least two of such non- officials as the State Government may nominate in this behalf for any area; 8-A DELIVERY OF POSSESSION.-After the allotment of the land, the allotment authority shall issue a certificate in Form U.S. 3 to the allottee and send a copy thereof to the Tehsildar who shall deliver possession of the land to the allottee, if such land is not already in his possession. 9. MODE OF PAYMENT.--The purchase price of the allotted land including the amount payable in respect of the building, structure, tube-well, water course including its subsidary works or crop thereon, determined in accordance with the provisions of sub-section (4) of Section 15 read with Section 16 of the Act together with interest at the rate of· five per cent annum shall be payable by the allotment in ten equated annual instalments. The first instalment shall be deposited by the allottee before the delivery of possession: Provided that the allottee may at any time make payment of the purchase price or balance thereof together with interest, if any, thereon in lump sum. 10. ISSUE OF CERTIFICATE AND DELIVERY OF POSSESSION.-(1) Omitted vide 2nd amendment 1979. (2) The allottee shall be issued a certificate in Form U.S.4 when he has made full payment of the purchase price together with interest; if any. (3) Every allottee shall be found to take possession of the land allotted o him within a period of seven days of the date when the same is offered to him, by the allotment authority. The allottee shall further be bound to deposit first instalment of the purchase price of the land within thirty days from the date of taking possession of the allotted land. If he fails to take possession of the allotted land or fails to deposit the first instalment within the specified period, the allotment be cancelled. 11. RECOVERY OF INSTALMENTS.-(1) It shall be the responsibility of the Tehsildar concerned to collect the instalments from the allottees. A separate account shall be maintained in Form U.S. 5 for every individual allottee. (2) In case any instalment is not paid within a period of thirty days from the due date, the amount thereof shall become recoverable as arrears of land revenue together with interest thereon from the due date to the date of payment at the rate of ten per cent per annum. 12. CONDITIONS OF ALLOTMENT.-- The allottee- (a) shall be liable to pay all Government dues levied in respect of ' land allotted to him, from the date he takes over its possession; (b) shall not be competent to transfer, sell, lease or mortgage the land allotted to him or transfer his rights therein any manner whatsoever to any person till the purchase price and the interest, if any, thereon in respect of such land is paid in full: Provided that subject to the charge created by sub-section (6) of section 15 of the Act, the allottee may mortgage or created a charge on the land allotted to him for raising loan from co-operative or nationalized bank or the State or Central Government for making improvement on the land or purchase of agricultural implements and inputs. 13. APPEAL AND REVISION.-The provisions in regard to appeal and revision made in Section 18 of the Act shall, so far as may be, apply to all orders passed under this scheme. 14. REPEAL AND SAVING --(1) The utilization of Surplus Area Scheme, 1960,framed under the Pepsu Tenancy and Agricultural Lands Act, 1955, and the Punjab Security of Land Tenures Rules, 1956 in so far as they relate to the matters dealt within this scheme, and are inconsistent with his scheme, are hereby repeated. (2) Notwithstanding the repeal of the Utilisation of Surplus Area Scheme, 1960, and the Punjab Security of Land Tenures Rules, 1956, any- thing done or any action taken in exercise of any power conferred by or under the said scheme or rules shall be deemed to have been done or taken in exercise of the powers conferred by or under this scheme, as if this scheme were in force on the day, on which thing done or action was taken. FORM US 1 (See Paragraph) Details of surplus area available for allotment in village ....................... Tehsil..............................district................................................ Sr. No. Field (Khasra) number owner Name of land Area of (Khasra) number acres filed in Kind of soil as per entry in the last khasra Girdawari 1 2 3 4 5 FORM US 2 [See Paragraph 5] Application for allotment of land To The Allotment Authority Sir, I ............................., son of ...........................resident of village............................., tehsil............................, district............hereby apply for allotment of land in the surplus area. 2. I claim allotment, being ................, as described in paragraph 4 of the scheme. 3. The details of the members of my family are as below:- Name of wife / Name of adult Age Name of minor Age husband sons children ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------- 4. The following land is owned by me & the members or my family:- Name Area Village Self ... Wife/husband ... Adult sons ... Minor children ... Total ... 5. The members of my family are in possession of the land measuring A......K...........M......... as tenants/sub-tenants as per details given below:- Name of Field Kind of Name of village (Khasra) soil owner number (i)self/husband/wife and minor children ii)Adult son's 6. My annual house hold income does not exceed two thousand and our hundred rupees. Note. -- This paragraph is applicable only to the persons falling in any of the Categories from F to I. 7. I fully know that in case any of the facts given above is found to be incorrect at a later stage, my allotment shall be cancelled and I shall be liable to action under Section 15(7) and 21(2) of the Haryana Ceiling on Land Holdings Act, 1972. Date..................... Signatures of applicant) Address......................................... Affidavit (to be sworn before Magistrate 1st class/Oath Commissioner) I,.............................................., son of Shri............................................... resident of....................solemnly affirm and declare that the above facts are true and correct to the best of my knowledge and belief and nothing has been concealed therein. "I further solemnly affirm that I residing in this village since 24th January, 1971. Date............. (Signatures of applicant) Address............................................ *Note.-- The affirmation regarding residence shall only be made by the persons falling in any of the Categories from E to I. FORM US 3 [See Paragraph 10] CERTIFICATE OF ALLOTMENT Shri............................ .................., son of Shri................................................... resident of village..........................., tehsil...................... district.................... has been allotted land (described below) out of the land declared surplus under the Haryana Ceiling on Land Holdings Act, 1972. Particular of land:- Name of the Field (Khasra) Kind of soil as per Area village number last khasra Girdawari Total Area. 2. The total purchase price of the land and the building, structure, tube-well, water-courts including its subsidiary work or crops thereon is Rs......................... This amount is to be deposited in ten annual equated instalments as indicated below : (a) The first installment of Rs......................shall be deposited with in thirty days the date of taking of possession. (b) The next mine instalments, each amounting to Rs .....................shall be deposited on or before the.............................. 3. In case he fails to take possession of the allotted land within a period of seven days of the date when the same is offered to him or fail to deposit the first instalment within the specified period, the allotment shall be cancelled without any further notice. 4. The allotee shall abide by the conditions given on the reverse Allotment Authority. No..............................., Date............................................................... To Shri................................, son of...........................Village........................., Tehsil.................. No.................................... Date................................................................ Copy forwarded to the Tehsildar....................... to deliver the possession of the land and arrange to realise the purchase price. Allotment Authority. Conditions of Allotment The allottee - (a) shall be liable to pay all Government dues levied in respect of the land allotted to him, from the date he takes over its possession. (b) shall not be competent to transfer, sell, lease or mortgage the land allotted to him on or any party thereof or transfer his right, title or interest therein, in any manner whatsoever, to any person for a period of five years from the date of his taking possession in pursuance of the allotment, even though the full purchase price has been in a lumpsum or in instalments along· with interest within the aforesaid period; (c) notwithstanding anything contained in sub-section (5) of Section 11 of the Act, shall be competent to mortgage or create a charge on the land allotted to him for raising loan from any co-operative society, bank, scheduled bank or any corporation owned or controlled by Government, for the purpose of making improvements in the land and for other agricultural purpose... FORM US 4 [See Paragraph 10 (2)] Whereas the property described in the Schedule hereto (hereinafter referred to as the said property) vested in the State Government under the provisions of the Haryana Ceiling on Land Holdings Act, 1972; And whereas the said property was allotted by the State Government to Shri.................................., son of Shri...... .................................... under the Scheme framed under the Haryana Ceiling on Land Holdings Act, 1972, but the full price for the said property was not paid at the time of allotment. It is hereby certified that the allottee has paid the full price of the said property together with interest thereon. Allotment Authority FORM US 5 [See Paragraph 11] Khatsuni for the recovery of purchase price of the land etc. from the ..........Allottee of Tehsil.............District............... (a)Name of Village with H.B. No.............................. (b) Khataui No.................................... (c)Name of Allottee............................ (d)Area allotted with details of Khasra Nos. and date of order.......... (e)Date of delivery of possession of land to the allottee.................... (f) Total purchase price of allotted land to be paid by the allottee Rs.............................. (g) No. of equated instalments of repayment and amount of each instalment including interest at the rate of five per cent per annum. (i).......................... (ii)........................... List of instalments Demand List of payment actually made Amount of instalment Amount deposited Sr. Due ________________________ Date By________________________________ No. of date Princi Interest Total Whom Princi-Interest Total of pal payment paid pal instal with No. ments of Dakhla 1234567 8910 Total repayment made upto date Balance amount still to be paid Penal_______________________________________ By________________________________ Inter Princi-Inte-Penal Total Princi-Interest Penal Total Initial of est pal rest inte-pal inte Tehsildar charg rest Naib- ed (if Tehsildar any) regarding attestation of collection of entries 1112 13 14 15 16 17 18 1920 Grand Total: --- Signature:-(i) Wasil Baqi Nawis--(ii) Tehsildar/Naib Tehsildar—
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