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Statement of conditions for sale of “Wanda Sarkar

 

COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912

 

[Gazette of Punjab, Part I, 8th January, 2003]

 

            No. 3740-2001/2133-CL.II, dated 1-11-2002.— In exercise of the powers conferred upon him under subsection (2) of section 10 of the Colonization of Government Lands (Punjab) Act, 1912 (V of 1912) the governor of the Punjab is pleased to issue the following Statement of conditions for sale of “Wanda Sarkar” in the State land leased out under the schemes for cultivation and reclamation of land issued vied government of the Punjab, Development (Revenue) Department Notification No. 4545-C, dated 12th December, 1945 and No. 4569-C, dated 20th September, 1946 to the lessees/their legal heirs of sub-tenants in Districts Multan, Sahiwal, Jhang, Faisalabad, Muzaffargarh, Khanewal, Vehari, Pakpattan, Okara, Lodhran, Toba Tek Singh and Layyah.

 

            1.         General.—(i) The Government is prepared to sell the “Wanda Sarkar” in the state land to those lessee/their legal heirs or sub-tenants who have been cultivating it under the schemes for cultivation and reclamation of land issued vide Government of the Punjab, Development (Revenue) Department Notifications No. 4545-C, dated 12th December, 1945 and No. 4649-C, dated 20the December, 1946 subject to the conditions mentioned herein; provided that no lessee/his legal heirs or sub-tenant shall be entitled as of right to purchase the land and the Board of Revenue, Punjab retains its absolute discretion in the grant/sale of land.        

            (ii)        All grants/Sales under these conditions shall be subject to the provisions of the Act and also to—

(a)                The General colony Conditions of 1938 published vide Punjab government Notification No. 5792-C, date 29th June, 1938 and Notification No. 2664-C, dated 22nd September, 1944, as amended from time to time;

(b)               The Statement of Conditions as appearing hereinafter; and

(c)                Such instructions as may be issued subsequently by the Government for carrying out the purpose of this notification.

 

            2.         Definitions.—For the purpose of this Statement of Conditions, Act, 1912 (v of 1912);

 

            (a)        “Act” means the Colonization of government Lands (Punjab) Act, 1912 (V of 1912);

 

            (b)        “Board of Revenue” means the Board of Revenue, Punjab;

 

            (c)        “Collector” means District officer (Revenue) of the District concerned;

 

            (d)        “family” means the lessee, his parents, unmarried children, husband and wife/wives;

 

            (e)        “government” means the government of the Punjab in the Colonies Department;

 

            (f)         “grant” includes any grant by sale made in respect of any land to which these conditions have been applied;

 

   (g)        “grantee” means a person to whom the land has been granted under this Statement of Conditions and includes the successors-in-interest and the permitted assignees of the grantee but shall not include any holder of power of attorney on behalf of such grantee;

 

(h)        “lessee” means a person holding state land under the schemes for cultivation and reclamation of land issued vide Government of the Punjab, Development (Revenue) Department Notifications No. 4545-C, dated 12th December, 1945 and No. 4569-C, dated 20the September, 1946 and shall be deemed to include the successors and assignees of the lessee but shall not include any holder of power of attorney on behalf of such lessee;

 

(i)         “sub-tenant” means a person to whom the land was sub-let by the original lessee and has been recorded as such in the Revenue Record but shall not include a subsequent purchaser or any holder of power of attorney on behalf of such sub-tenant;

 

(j)         “Wanda Sarkar” means the share of government in the State land within the meanings of clause 7(b) of the schemes for cultivation and reclamation of land issued vide government of the Punjab, Development (Revenue) Department Notifications No. 4545-C, dated 12th December, 1945 and No. 4569-C, dated 20th September, 1946. 

 

            3.         Exceptions and Reservations. – Unless it is otherwise specifically provided, the following categories of state land shall be deemed to have been expressly excluded from every grant to be made under these conditions;

 

            (a)        lands already reserved/allotted under permanent grants/schemes;

 

            (b)        reserved charagah or charagah Baqaya in Colony Chaks;

 

    (c)        lands lying inside Municipal limits as existed on 13th august, 2001 and within prohibited zone which shall be up to—

            (i)         ten miles beyond the outer existing limits of a Metropolitan/Municipal Corporation;

            (ii)        five miles beyond the outer existing limits of a Municipal Committee; and

            (iii)       three miles beyond the outer existing limits of a Town Committee/Mandi Town;

 

   (d)        in case of cantonment board contiguous to a local council, the limits of prohibited zone shall tally with the limits prescribed for the local council to which it is adjacent;   

 

   (e)        lands transferred to other departments of the Punjab government/Federal Government; and

                        (i)         all rivers and streams with their beds and banks;

                        (ii)        all water courses and drains/channels; and

                        (iii)       all public thoroughfares existing thereon or shown as proposed for construction on a plan.

 

            4.         Eligibility.— No person shall be eligible to purchase the ‘Wanda Sarkar’ under these conditions unless–

(a)        he or his predecessor-in-interest has been a regular lessee of Colonies Department holding lease of State Land under the schemes for cultivation and reclamation of land issued vide Government of the Punjab, Development, 1945 and No. 4569-C, dated 20th September, 1946 or sub-tenant under such lessee (lands mentioned in Condition No. 3 being excluded);

 

(b)        he has been in cultivating possession of the ‘Wanda Sarkar’;

 

(c)        he has paid all government dues including rent of the land, which shall be worked out by District Collector on the basis of rent, paid for the adjoining lands of the same category situated in the same Revenue Estate;

 

            Provided that in case the applicant desires to deposit the dues in instalments, he may be allowed to deposit the same as per schedule of payment of price as given in condition No. 10 of this statement of Conditions.    

 

            5.         Ineligibility.—No person shall be granted proprietary rights of 12-1/2 Acres of land at concessional rate under these conditions if he or any (except allottees share under clause 7(b) of the Government of the Punjab, Development (Revenue) Department Notifications No. 4545-C, dated 12th December, 1945 and No. 4569-c, dated 20th September, 1946 or under any other scheme/conditions issued by the government at any time in the past.

 

            6.         Exercise of options.—(a) A lessee/his legal heirs or sub-tenant, who is/are eligible for purchase of land under these conditions, shall exercise his/their option, in writing, by 31st December, 2002 for purchase of land under his cultivating possession. The option shall be communicated in writing to the Deputy District Officer (Revenue) of the Tehsil concerned who shall issue an acknowledgement/receipt to the applicant of having received the option and enter the particulars of such application in a register to be maintained for the purpose, property page numbered with authentication of  the Deputy District Officer (Revenue) concerned;  

 

            (b)        A lessee/his legal heirs or sub-tenant who is/are otherwise eligible for purchase of ‘Wanda Sarkar’ but fails/fail to exercise option on or before the date prescribed for the purpose shall not be eligible to purchase of land under this scheme/these conditions. After the said date, possession of the land shall be resumed in favour of the State.

 

            7.         Declaration of Eligibility.—After the lessee, his legal heirs or sub-tenant has/have exercise his/their option within the stipulated period under these conditions, the Deputy District officer (Revenue) of Tehsil concerned shall immediately proceed to examine the claim of the applicant in light of the information furnished by him with regard to his eligibility and after consulting the relevant Revenue Record, recommend the case to the Deputy District officer (Revenue). In case the applicant is considered to be ineligible, no adverse decision shall be arrived at without affording an opportunity to the applicant of being heard by the Deputy District officer (Revenue). If it is decided to recommend the case for sale of “Wanda Sarkar’ produce Index Units of the land applied for and corresponding price of the land on basis of Produce Index Units approved under the scheme shall also be reported to the District Officer (Revenue).          

 

            8.         The District Officer (Revenue) on receipt of recommendation regarding sale of land shall decide within a period of three months whether the grant/sale should be allowed and if so to issue a declaration of eligibility of the applicant for sale to the extent of his entitlement in the ‘Wanda Sarkar’ In case he is of the view that applicant has no case, he shall inform the applicant of t he reasons of rejection of his case, after giving him any opportunity of being heard.

 

            9.         Price of Land.—To sale of land shall be subject to the payment of price @ Rs. 2000 per P.I.U plus 10% surcharge on account of sale by private treaty.

 

            10.       Mode of payment of price.— A down payment amounting to 25% of the price of the land shall be deposited by the grantee within a period of six months from the date of determination of eligibility of the applicant. The remaining amount shall be payable in six equal half yearly instalments commencing from the date of making down payment of 25% of the price. The instalments shall be payable on or before the Ist July, and the 31st December, every year. Surcharge on unpaid balance amount at the rate of 10.5 % per annum shall be recovered from the date when the second instalment becomes due. In case of default of payment of any instalment, additional surcharge at the rate of 13.5% shall be charged on the amount overdue for the period of default.

 

            11.       Deed of conveyance.—After a grantee has paid full price of the land and fulfilled all the terms and conditions of the grant to the satisfaction of the District Officer (Revenue), he shall be eligible to have a deed of conveyance executed in his favour on the prescribed form conferring full proprietary rights. The deed shall be executed, stamped and registered at the cost of the grantee.        

 

            12.       Alienation of rights.—No grantee shall alienate by sale, mortgage, gift, will or otherwise the whole or any part of his grant before or during a period of five years after the date of execution of deed of conveyance without the precious consent in writing of the Board of Revenue, Punjab.    

 

            13.       Use of the land granted.—The land granted under these conditions shall be used for the sole purpose of agriculture.

 

            14.       Exchange.—No exchange of the land so granted shall be allowed with any other state land.

 

            15.       Resumption.—(i) If any grantee commits breach of any of the terms and conditions of his grant, the collector may proceed against him in the manner provided under section 24 of the Act;

 

            (ii)        Any lessee/his legal heirs or sub-tenant who have given false information regarding his eligibility to purchase the land under these conditions shall be deemed to have committed a breach of the conditions.

 

            (iii)       if at any time, it is found that any grantee has obtained/purchased the land by means of fraud or misrepresentation of facts or was not eligible to acquire such rights for any reasons, the deed of conveyance shall be cancelled under the Act after affording the grantee an opportunity of being heard by the Board of Revenue, Punjab, as envisaged in section 30(2) of the Act.

 

            (iv)       In the event of resumption of land, all sums paid towards the price of the land shall stand forfeited to the Government.   

 

            16.       Disposal of surrendered and resumed land.—Any ladn (Wanda Sarkar), for which a lessee/his legal heirs or sub-tenant is /are considered eligible to purchase under the scheme or who has /have failed to give option in writing for grant of proprietary rights/purchase of the land on or before 31st December, 2002, shall be resumed by the District officer (Revenue) forthwith in favour of the state and shall be deemed as ‘Baqaya Sarkar’.

 

            17.       Compensation.—The grantee shall not, on resumption of grant account of breach of any term or conditions mentioned herein, be entitled to any compensation, for any improvement whatsoever made or for uncut and un-gathered crops standing on the land and the same shall become the property of Government.  

 

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