Power to transfer evacuee property

(1) The Tehsildar may transfer, except under clause (d) below, on such terms and conditions as may be prescribed, any evacuee property with the prior approval of the State Government,- (a) by allotment to the displaced persons against their verified claims; (b) by sale through public auction; (c) by sale through auction restricted to the members of the Scheduled Castes and Backward Classes as notified by the State Government from time to time on such terms and conditions as may be prescribed; (d) by sale through negotiation to any department of Government of India, State Government, Boards and Corporations duly constituted under any law, Panchayati Raj Institutions or other registered bodies and cooperative societies registered under any general or special law for a public purpose, at such price, terms and conditions, as the State Government may, determine by general or special order; (e) to the persons on the basis of his possession under any policy, scheme or rules; (f) to any person with disability on such terms and conditions as may be prescribed: Provided that except in the case of allotment under clause (a) and 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 acres: Provided further that the sale under clause (d) above, shall be done in accordance with the Rules of Business of the Government of Haryana, 1977. However, the conveyance deed for the transfer of the evacuee property under clause (d) above shall be issued by the concerned Tehsildar: Provided further that land in rural area and urban area which is free from encroachment shall be transferred to the concerned Gram Panchayat and concerned Municipal Committee respectively on the terms and conditions as the State Government may by general or special order direct. (2) Every Tehsildar selling any evacuee 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).