The PUNJAB ALLOTMENT OF STATE: GOVERNMENT LAND
Punjab · state statute
Open in Lexace · Ask the AI about this actPUNJAB GOVT. GAZ. (EXTRA) | ECEMBER 5 (PAUSA 3, 1938 SAKA) R24
GOVERNMENT PUNJAR SEPARTMENT OF LEGAL AND LEGISLATy ALR
» 2016 243
AIRS, PUNjA NOTIFICATION
The 241), December, 2016
No. 61-Leg./2016.-The following Act of the Legislature of the State of punjab received the assent of the Governor of p unjab on the 23y day of December, 2016, is hereby published for general informatjoy--
THE PUNJAB ALLOTMENT OF STATE: GOVERNMENT LAND ACT, 2016
(Punjab Act No. 54 of 2016)
AN
ACT
to provide tor allotnvent of land to the occupants who are in cultivating
possession of such land for the last more than twenty years.
BE it enacted by the Legislature of the State of Punjab in the Sixty-
seventh Year of the Republic of India, as follows:-
: : Tr date of its (2) It shall come into force on and with effect from the
Publication jn the Official Gazette.
<. . Delinitions. ; ‘WISE requires,- In this Act, unless the context otherwise req )
ivisional Magistrate;
g sioner” means the Sub-Division: (a) Allotment Commissione
of the District; is PIII
C issionero (c) "Commissioner" means the ommission
pA rat 21,
Chi Allotment Commissione
s the Chie (d) "competent authority” means ihe
: istrict; coc of the Dist who is the Deputy Commission! ° |tivating possession
; 1s cultive (e) " Iti i ossession" means continuot
Cultivating p yy event record; established by the entries In the rev
TY
2H PUNJAB GOVT. GAZ (EXTRA), DECEMBER 24.201
(PAUSA 3, 1938 SAKA)
(0 "Family™ in relation 10 a person means (he Person, yp, on
¢ husband, as the case may be, of such Person and hig her yy; Ming children;
(2) "Financial Commissioner” means the Financial Commigyj,
Revenue of the State of Panjab; ler
("head of family" means the eldest adult male member of, fami
provided that an adult married son will be regarded as hegg Wy own smaller family which shall also be considered Separate uj.
(1) "land" means the State Government's rural agriculture lang belonging to or vesting in the State Government but shal exclude.
(1) evacuee land, which is governed by the Punjab Package Dey|
Properties (Disposal) Act, 1976;
(11) nazool land, which is governed by the Nazool Land Transfer
Rules, 1956;
(m1) surplus land, which means the area declared surplus land and
which is governed by the Punjab Land Reforms Act, 1972;
(iv) shamlat land means the land as defined in the Punjab Village
Common lands (Regulation) Act, 1961; and
(v) mushtarka malkan land kept for common purposes in the light
of'section 23-A and section 42-A ofthe East Punjab Holdings
(Consolidation and Prevention of Fragmentation) Act, 1948;
0) occupant” means a person in continuous cultivating possession of
land, whether authorized or unauthorized, either himself or through
his lineal ascendant(s);
(k) "rural area" means an area within the State of Punjab which is not
urban area;
() "State Government" means the Government of the State of Punjab
in the Department of Revenue, Rehabilitation and Disaste!
Management; and
(m) "Tehsildar (Allotment)" means the Tehsildar. Persons entitled 3, (1) Any occupant who is in continuous, undisputed and actual cultivating 10 make an
application. possession of a land for the last more than twenty years, duly supported ) ’ . "
ith the revenue record, shall be entitled for allotment of land in accordance wil
SUNJAB GOV'T GAZ. (1x J [ / 1 GAZ (EXTRA), DECIM
(PAUSA 3.1938 0k 4, MHRM2006 gg
(he provisions of this Actand the rules framed (heron
i
nde
spovided that no occup _— ;
Pi pant/amily shal ye en
of land ander this Act,
ted more (ha "
Cacres
(y Any person who considers himself yy ligeil rus eligible for A [
srovisions of this Act may ; , | Act may atany time apply ¢ " allotment of fg
othe comp clent ander the
for allotment ol such land. authority
On receipt of an application |;
4h | an application for wansfer of land
and, the co ' npetent
on , Yar ) “it n 3 ' .
authority, after ee nducting such inquiry, as he deems fit, and afi
, enorts and recommendations, il : 3 HL and after consideri
{he reports unendations, ilany, of the ‘Tehsilday (All denne
{ > ad 3 ~~ ~3 age .
' ‘ otn ] ‘ .
Allotment Commissioner may, by order in writing, either all nnd the > erther allot or decli ine to
allot the land applied tor:
Provided that the ¢ stent ¢ the competent authority shall pass an order of all
; , : J . . . ¢ 21 Of >
only to that extent as the applicant is eligible under this Act allotment
sAct:
) de Tq . .
Provided further that no order, either partially or totally, rejecting allot
SLi rallotment
shall be passed without affording the applicant a reasonable opportunity of tunity o
being heard.
N (2) An application for allotment of land may be made by a person who
is in occupation of such land and is having cultivating possession for the last
more than twenty years and is also head of the family.
(3) An occupant shall not be entitled to apply, if, he is an allottee or
vendee of the land, the allotment or transfer whereof has been cancelled on
the grounds of fraud, misrepresentation of facts or otherwise.
. The price of the land which is allotted shall be determined on the basis of
1e Collector rate fixed by the Collector and the rate ol allotment shall be as
| [ollows:-
(a) upto two acres—Collector rate minus fifty per cent;
(b) above two acres upto four acres—Collector rate minus twenty
five per cent; and
(¢) above four acres and upto five acres = at the Collector rate:
levant on the date of
aforesaid pt
),. .
FO Ra
: Provided (hat the Collector rate, re allotment order
Ol the ¢ .
competent authority shall be relevan! for the
6.
t
(oan occupant, tv
Ld
ol issue
pose.
Wi
“ iv (ive percent of
” ome any land has been allottéd venty | Fiotent
Ota PR . letter ol mten
consideration shall be deposite ofle
and t| or a .
1e balance price shall be paid by the allotte inte
d at the time
o interest-free six-monthly
Franster of Lad
Price of land.
Made ol recovery
of Price of land.
Issue olf
conditional
conveyance deed.
Issue of
unconditional
conveyance deed.
Power to cancel
allotment.
Publication of
notice.
246 PUNJAB GOV'T. GAZ. (EXTRA), DECEMBER 24,2016
(PAUISA 3, 1938 SAKA)
Iment, interest al the rate
installments. However, tor any delayed instal of wey
percent per annum shall be recovered for the period of delay,
In the event, an allottee wants to deposit the entire amount ar gy. Hip ol the allotment itself, a discount ol ten percent ol the overgll COMSideragig,
shall be admissible to him.
70D Aconditional conveyance deed shall be issued on the depo, of
twenty five per cent of the total consideration.
(2) The allottee shall not be entitled to alienate th > allotted lang for 4 period of ten years from the date of issue of conditional conveyance dee
Explanation:-Devolving of land by intestate succession or under 4 Willy
Bequest shall not be deemed as alienation. However, no mutation
shall be sanctioned in favour of the allotiee merely on the basis of conditional conveyance deed.
8. Alter the expiry of period of ten years from the issue of conditional conveyance deed, an unconditional conveyance deed shall be issued by the competent authority alter satisfying himself that no unauthorized alienation of the allotted land has taken place and all the installments of the total price of the land has been paid.
9. (1) Inthe event of failure of the allottee to pay the installments or in case of persistent default, the competent authority, at any time, shall be authorized to cancel the conveyance deed after afford ing opportunity of being heard to the allottee. The amount, if any, paid by the allottee shall stand forfeited.
(2) The competent authority may, at any time, cancel the allotment of land, if the allotment has been obtained by fraudulent means.
10. (1) "The competent authority shall publish 4 notice in the Official Gazette calling for objections from all the departments of Punjab Government and any other person interested jn the land, within 4 period of sixty days stating his intention to bring the land within the purview of the allotment scheme under this Act.
wo,
(2) After hearing the objections), iFany, received and conducting such enquiry as deemed fit, (he competent authority shall pass an order as [0 whether the land Proposed to be allotte jg (0 be brought within the purview of this Act and his order shall be published jj, the Official Gazette.
appedl
Revision.
Procedure.
B
and linality of
orders,
Progeny:
wo Seton of
08 take jy 8oqy faith,
Po Wer ( 0 muk ley Make
wofjurisdiction 14. Save as otherwise expressly prov!
PUNJAB GOV: 4, ~.
" . CIR
A) DI:
(3) Subject io gy order passe 8 SAKA, S016),
; ’ assed angley Tel 8 RY i y . | Sect j —
Government, final ordey gf the compe ction 200 hig pg po
Gazette shall be [ing] Pelent thorijy thy the Saye
notifie
Stion i any othe
unjab Goye
I this Ac may,
al to the Commiss;
and no eglfe : |
| A
( calle in ue i] mn the Ofc ia)
) MQ ARs
.
11. hy person or any department of p Penunt order of the competent authority une
Mmeny Agerieyed by "
within thirty days
one
the date of order, prefer 4, appe
manner, as may be prescribe:
from
rn such form and
Provided that the Commissioner may enfe Ce rtain an appea| a fie
appellant was preve Tici
! de
nted by sufficie cause from filing the appeal in time, i
12. I « . . (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 is not inconsistent with any provision contained in this Act or
the rules made there under.
(2) The State Government shall not pass an order under this section
reversing or modifying any proceedings or order of any officer without giving
the affected person an opportunity of being heard.
lis Act shall be conducted as per procedure laid
t, 1887.
13 The proceedings under (l
down under the Punjab Land Revenue Ac
ded under this Act, every order
hall be final and no civ il court
nade
by any officer or an authority under this Ac oe in sespect of an
plertatn any i. thority appointed under
ction shall b
shall have jurisdiction lo ¢
matter which the State Government oe aenli
this Act is empowered by or under this Acti i .
(horily inte
onferred by Of
g shall lie
{ under this #
{orany office o granted
ken ot to be taken in
spect ol any
by any court or other au der this Act
pursuance of any power ©
al proceeding
jovernment
of of anything
is. No suit or other leg
pect © )
or any officer or authorities
‘ . . with oF
which is taken in good faith
appointet
16. (1) The State Gov < of this Act:
OSES ,
I” the put? aid,
make rules to carry out for this AC! shall be
e ade une
as soon a3 may be,
[4
(2) [Every rule m
CN
28 PUNJAB GOVT. GAZ (EXTRA) DECEMBER 24. 59)
(PAUSA 3, 1938 SAKA)
after itis made. belore the House of the State Legislature, while jy IS in seg; for a total period of ten days, which may be comprised in one sessjon OF in fy or more successive sessions and if, before the expiry of the session in hig itis so laid or the successive sessions as aloresaid, the House agrees iy, making any modification in the rules or the House agrees, that the rules should not pe
made. the rules shall thereafter have effect only in such modified form or pe
of no effect, as the case may be. However, any such modification or annulmen
shall be without prejudice to the validity of anything previously done or Omitted
to be done under that rule.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
1167/12-2016/Pb. Govt. Press, S A.S. Nugar
Lex