section 4
Power to transfer package deal property
The Punjab Package Deal Properties (Disposal) Act, 1976(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).
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