The Punjab Package Deal Properties (Disposal) Act, 1976

This Act may be called the Punjab Package Deal Properties (Disposal) Act, 1976.

In this Act, unless the context otherwise requires,- (1) "Commissioner" means the Commissioner of a division; (1-a) "Claims Commissioner" means an officer of the Indian Administrative Service or the Punjab Civil Service working in the Department of Revenue, who is not below the rank of an Additional Secretary and is duly appointed as such by the State Government; (1-b) "Claims Officer" means the Tehsildar (Sales), appointed under section 3 of the Act; (1-c) "displaced person" means any person, who on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or the fear of such disturbances in any area, now forming part of Pakistan, has after the first day of March, 1947, left, or been displaced from his place of residence in such area, and who has been subsequently residing in India, and includes any person, who is resident of any place, now forming part of India, and who for that reason is unable or has been rendered unable to manage, supervise or control any immovable property belonging to him in Pakistan and also includes the successors-in-interest of any such person; (1-d) "package deal property" means the surplus evacuee property taken over by the State Government and referred to in the Government of India letter- (i) No.3(35) Pol.II/60, Land& Rent dated 3rd June, 1961, read with letter No.3(54)/ Pol.II /60-L&R, dated 5th March, 1962, (ii) No.F.18(40)J/61/Prop/Comp&Prop, dated 23rd March, 1963, and (iii) No.F.18(40)/61-Prop-Comp&Prop, dated 29th March, 1963, reproduced in the Schedule to this Act; including such property as may be required for transfer or allotment, by way of compensation to a displaced person, as defined in the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and rural agricultural land required for similar allotment to a displaced person of non-Punjabi extraction in pursuance of the directions of the Central Government given under Section 32 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, read with sub-rule (2) of Rule 66 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955; (2) "Scheduled Castes." means such castes as have been specified in Part X of the Constitution (Scheduled Castes) Order, 1950, in relation to the State of Punjab; (3) "standard acre.' means a measure of land equal to 4840 (four thousand eight hundred and forty) square yards irrespective of any kind of land; (4) "State Government" means the Government of the State of Punjab; and (5) "unauthorised occupation" a person shall be deemed to be in unauthorised occupation of any package deal property- (a) where he has, whether before or after the commencement of this Act, entered into possession thereof otherwise than under and in pursuance of any allotment, lease or grant; or (b) where he, notwithstanding anything contained in para (a), has whether before or after the commencement of this Act, entered into possession thereof in pursuance of an order obtained by him by means of fraud, false representation or concealment of any material facts; or (c) where he, being an allottee, lessee or grantee, has by reason of the determination or cancellation of his allotment, lease or grant in accordance with the terms in that behalf therein contained, ceased, whether before, or after the commencement of this Act, to be entitled to occupy or hold such package deal property; or (d) where any person authorized to occupy any package deal property has, whether before or after the commencement of this Act, - (i) sublet, in contravention of the terms of allotment, lease or grant, without the permission of the State Government or of any other authority competent to permit such sub-letting, the whole or any part of such package deal property, or (ii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such package deal property. Explanation- For the purpose of sub-clause (a), a person shall not merely by reason of the fact that he has paid any rent be deemed to have entered into possession as allottee, lessee or grantee.

(1) For every district, the State Government shall, by notification in the Official Gazette, appoint a Chief Sales Commissioner, as many Sales Commissioners and Tehsildars (Sales) or Naib-Tehsildars (Sales), as may be necessary for the purpose of performing the functions assigned to them by or under this Act. (2) Subject to the general superintendence and control of the State Government the Commissioner shall control the Chief Sales Commissioners, the Sales Commissioners, Tehsildars (Sales) and Naib Tehsildars (Sales) in his division and the Chief Sales Commissioner shall control the Sales Commissioner, Tehsildars (Sales) and Naib Tehsildars (Sales) in his district.

(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; (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-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 sub-section (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 (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-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 sub-section (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 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).

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.

(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 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.

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.

(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 sub-section (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 the displaced person, the Claims Commissioner shall direct the concerned Claims Officer to give possession of the allotted property to the displaced person.

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.

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.

(1) Any sum payable to the State Government in respect of any package deal property may be recovered in the same manner as an arrear of land revenue. (2) If any question arises whether a sum is payable to the State Government within the meaning of sub-section (1) in respect of any package deal property, it shall be referred to the Sales Commissioner within whose jurisdiction the package deal property is situate and the Sales Commissioner shall, after making such enquiry as he may deem fit and giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the question, and the decision of the Sales Commissioner shall, subject to any appeal or revision under this Act, be final and shall not be called in question by any Court or other authority. (3) For the purposes of this section, a sum shall be deemed to be payable to the State Government notwithstanding that its recovery is barred by the Limitation Act, 1963 (35 of 1963) or any other law for the time being in force relating to limitation of actions.

(1) Notwithstanding anything contained in any other law for the time being in force but subject to any rules that may be made under this Act, the Tehsildar (Sales) or Naib Tehsildar (Sales) may cancel any transfer or terminate any lease or amend the terms of any transfer or lease under which any package deal property is held or occupied by a person: Provided that no transfer shall be cancelled, lease terminated or the terms of any transfer or lease amended unless such an action is permissible under the terms and conditions of the instrument of transfer or lease, as the case may be, and unless an opportunity of showing cause has been given to the transferee or lessee, as the case may be. (2) Where any person- (a) has ceased to be entitled to the possession of any package deal property by reason of any action taken under sub-section (1), or (b) is, in the opinion of the Tehsildar (Sales) or Naib Tehsildar (Sales) otherwise in unauthorized possession of any package deal property; he shall, after he has been given a reasonable opportunity of showing cause against his eviction from such package deal property, surrender possession of the property on demand being made in this behalf by the Tehsildar (Sales) or Naib Tehsildar (Sales) or by any other person duly authorized by the Tehsildar (Sales) or Naib Tehsildar (Sales), as the case may be. (3) If any person fails to surrender possession of any package deal property on demand made under sub-section (2), the Tehsildar (Sales) or Naib Tehsildar (Sales) may, notwithstanding anything to the contrary contained in any other law for the time being in force, eject such person and take possession of such property and may, for such purpose, use or cause to be used such force as may be necessary.

(1) Any person aggrieved by an order of the Tehsildar (Sales) or Naib-Tehsildar (Sales) under this Act may, within thirty days from the date of the order, prefer an appeal to the Sales Commissioner, in such forms and manner as may be prescribed: Provided that the Sales Commissioner may entertain an appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) The Sales Commissioner may, after hearing the appeal, confirm, vary or reverse the order appealed against and pass such order in relation thereto as he may deem fit.

(1) Any person aggrieved by an order of the Sales Commissioner may, within thirty days from the date of order, prefer an appeal to the Chief Sales Commissioner, in such form and manner as may be prescribed: Provided that the Chief Sales Commissioner may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) The Chief Sales Commissioner may, after hearing the appeal, confirm, vary or reverse the order appealed against and pass such order in relation thereto as he may deem fit.

(1) The Chief Sales Commissioner may at any time call for the record of any proceedings under this Act in which a Tehsildar (Sales), or a Naib-Tehsildar (Sales) or a Sales Commissioner in his district has passed an order for the purpose of satisfying himself as to the legality or propriety of any such order and may pass such order in relation thereto as he may deem fit.

(2) Without, prejudice to the generality of the foregoing power under sub-section (1), if the Chief Sales Commissioner is satisfied that any order, whether passed before or after the commencement of this Act, for the transfer of package deal property to any person, has been obtained by him by means of fraud, false representation or concealment of any material facts, then, notwithstanding anything contained in this Act, the Chief Sales Commissioner may pass an order cancelling or modifying the order of such transfer.

(3) No order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard.

(4) Any person aggrieved by an order made under sub-section (2) may within thirty days from the date of the order, make an application for the revision of the order, in such form and manner as may be prescribed, to the Commissioner and the Commissioner may pass such order thereon as it thinks fit.

Clerical or arithmetical mistakes in any order passed by any officer or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer or authority or the successor-in-office of such officer or authority.

Every officer appointed under this Act shall, for the purpose of making any enquiry or hearing an appeal under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit in respect of the following matters, namely: - (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) requisitioning any public record from any Court or office; (d) issuing commissions for examination of witnesses: (e) appointing guardians or next friends of persons who are minor or of unsound mind; (f) any other matter which may be prescribed; and any proceedings before any such officer shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Act XLV of 1860), and every such officer shall be deemed to be a Civil Court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973 (Act 2 of 1974).

Subject to the provisions of this Act and the rules made thereunder the officers appointed under this Act may take such measures as may be considered necessary or expedient for the purpose of securing, administering, preserving, managing or disposing of any package deal property entrusted to them and generally for the purpose of satisfactorily discharging any of the duties imposed on them by or under this Act and may for any such purpose as aforesaid, do all acts necessary or incidental thereto.

(1) The State Government may by an order in writing, at any time, transfer any case pending before a Commissioner to another Commissioner. (2) The Commissioner may by an order in writing, at any time, transfer any case pending before a Chief Sales Commissioner to another Chief Sales Commissioner in his division. (3) The Chief Sales Commissioner may, by an order in writing at any time, transfer any case pending before any officer appointed under this Act to another officer within his district. (4) The officer to whom the case is transferred under sub-section (1), sub-section (2) or sub-section (3) may, subject to any special direction in the order of transfer, proceed from the stage at which it was so transferred.

(1) The State Government may at any time call for the record of any case under this Act pending before, or disposed of by, any officer and may pass such order in relation thereto as in its opinion the circumstances of the case require and as is not inconsistent with any of the provisions contained in this Act or the rules made thereunder.

(2) Subject to the provisions of sub-section (1), the Commissioner may at any time call for the record of any case under this Act pending before, or disposed of by, any officer, and may pass such order in relation thereto as in his opinion the circumstances of the case require and as is not inconsistent with any of the provisions contained in this Act or the rules made thereunder.

(3) The State Government or the Commissioner shall not under this section pass an order reversing or modifying any proceeding or order of any officer without giving the affected person an opportunity of being heard.

(1) Any appeal against an order of the Sales Commissioner pending under sub-section (1) of section 9 or any proceedings pending under sub-section (1) or sub-section (2) of section 10, immediately before the commencement of the Punjab Package Deal Properties (Disposal) Amendment Act, 1979, before the Chief Sales Commissioner shall stand transferred to and be decided by the concerned Chief Sales Commissioner.

(2) Any application for the revision of an order of the Chief Sales Commissioner under sub-section (4) of section 10 or any proceedings pending under section 15, immediately before the commencement of the Punjab Package Deal Properties (Disposal) Amendment Act, 1979, before the State Government, shall stand transferred to and be decided by the concerned Commissioner.

(1) Save as otherwise expressly provided in this Act, every order made by any officer or authority under this Act shall be final and no Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the State Government or any officer or authority appointed under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. (2) Nothing in the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, shall apply to package deal property.

No suit or other legal proceeding shall lie against the State Government or any person appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

(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 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.

[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 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.

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 | Evacuee Area | 680.00 Acres | Rs 1,100/- | Rs.7,48,000.00 | | 2 | Area under occupancy rights | 651.00 Acres | Rs.550/- | Rs.3,58,050.00 | | 3 | Evacuee share of area jointly owned by Evacuees and non-Evacuees | 1,296.00 Acres | Rs.550/- | Rs.7,12,800.00 | | 4 | Shamlat lands, Ghairmumkin Rasta and Ghairmumkin Johar | 186.00 Acres | (Token price in all) | Rs.100/- | | | Total | 2,813.00 Acres | | 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.

***

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 twenty-seven lacs twenty-five thousand two hundred and ninety-four only). The above amount will be paid by the Punjab Government

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 twenty- seven 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'

Serial No. | Nature of properties | No. of properties | Reserve price | Price to be paid by the Punjab Government 1 | 2 | 3 | 4 | 5 1 | Houses | 7,381 | Rs 1,15,33,313/- | Rs.17,29,997/- 2 | Shops | 170 | Rs.6,64,218/- | Rs.99,633/- 3 | Kholas/sites | 7,543 | Rs.59,71,092/- | Rs.8,95,564/- Total | | 15,094 | Rs.1,81,68,623/- | 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.