Section 4B in Punjab Package Deal Properties (Disposal) Rules, 1976
4B. [ Sale by negotiation of the cancelled land in rural area.] [Inserted vide Notification dated 20.3.1985, renumbered as 4-B vide Punjab Government Notification Dated 8-5-1986.]
(1)Notwithstanding anything contained in rules 3 and 4, the land allotted to a displaced person in excess of his entitlement the allotment whereof has been cancelled may be transferred to such allottee or his successors-in-interest or his bona fide vendee (s) at the negotiated price in the manner hereinafter specified if such an allottee is in continuous possession of the land.(2)The land the allotment of which has been cancelled on the ground of fraud, concealment or mis-representation of material facts, shall not be transferred to the allottee or his successor(s)-in-interest or vendee(s) under sub-rule (1).(3)A person eligible for the transfer of the land under sub-rule (1) shall make an application to the Tehsildar (Sales) concerned in whose jurisdiction the land falls, within a period of thirty days from the date of cancellation of the allotment. An application made after the expiry of the period aforesaid may be entertained by the Tehsildar (Sales) if the land is still available for transfer and the applicant agrees to pay an additional amount at the rate of five per cent per month of the price of the land fixed under sub- rule (8).(4)Every application received under sub-rule (3) shall be scrutinized by the Tehsildar (Sales) for determining the eligibility of the applicant. The Tehsildar (Sales) may also enquire about undisputed continuous possession of the applicant.(5)If after scrutiny and enquiry made under sub-rule (4) the Tehsildar (Sales) finds the applicant eligible for the transfer of land under this rule, he may provisionally allow transfer of the land to such an applicant after charging twenty per cent of the price of the land specified in sub-rule (8) and after recovering the demages for its use and occupation as assessed in accordance with the provisions of rule 15 :Provided that the transfer of land to the applicant shall be subject to the approval of the State Government, or such other authority as may be specified by the State Government by Notification issued in this behalf.Provided further that if the transfer of land provisionally allowed by thee Tehsildar (Sales) is not confirmed by the State Government, the amount deposited by the transferee shall be refunded to him.(6)After the provisional sale under sub-rule (5) is confirmed by the State Government or other authority specified by the Government, the remaining price of land shall be deposited by the transferee, in lumpsum, within a period of thirty days of the receipt of intimation of the confirmation of sale by him.(7)Notwithstanding anything contained in sub-rule (6) the State Government or an officer authorised by it in this behalf of notification, may by an order in writing, allow a person to pay the price of the land within such period as may be specified in the said order on payment of interest at such rate as may be specified by the Government, from time to time, by notification.(8)The price of the land shall be the current market price which shall be determined by the Tehsildar (Sales), keeping in view the following factors(1)(a)Average price in respect of similar land on the basis of sale transactions in the concerned revenue estate during the preceding one year ;(b)In case, in a particular village, no transaction is found to have been made during the preceding one year, the average price on the basis of sale transactions in the last year in which such transactions took place shall be increased by twelve per cent per annum to arrive at the current market price.(2)Where any cancelled land has become sub-urban or urban as a result of extension in the limits of a Municipal Corporation, Municipality or a Notified Area Committee before transfer of the land, the possibilities of its use for commercial, industrial or residential purposes shall be kept in view while assessing the market price.Provided that the price determined by the Tehsildar (Sales) shall be subject to the approval of the State Government or any officer authorised by it in this behalf, by notification.(9)If the displaced person or his successor(s)-in-interest or bona fide vendee(s), as the case may be, does not opt for purchase of such within the period specified in sub-rule (3) or is otherwise not eligible to purchase the same in accordance with the provisions of sub-rule (2) of rule 3, such land may be disposed of by way of public auction or by allotment to displaced landholders or persons mentioned in rule 4 or by negotiation to any Government Department, Semi- Government Department, Co-operative Society, Corporate Body, Public Institution or any local authority for a public purpose.(1)After the transfer of the land by negotiation to a person is approved by the State Government or by an officer authorised by it as is provided in the proviso to sub-rule (5) and the transferee has paid the entire price of the land, a deed of Conveyance shall be executed in his favour in the form specified in Appendix 'A' to these rules.
