Section 3(3) in Punjab Package Deal Properties (Disposal) Rules, 1976
(3)Determination of eligibility . - (1) On receipt of the application for the transfer of the land, the Tehsildar (Sales) or Naib-Tehsildar (Sales) shall scrutinise the same under these rules and determine the eligibility of each applicant.(ii)In determining the eligibility of an occupant, the Tehsildar (Sales) or Naib-Tehsildar (Sales) shall ensure that applicant's possession is established to be continuous and undisputed from the prescribed crop to the date of scrutiny of his case, from the entries made in the Revenue Records :Provided that in a case where the entries of revenue record are found to be doubtful or have been tempered with or where any entry in the Revenue Record is found to have been corrected after the date as may be prescribed by the State Government from time to time, the Tehsildar (Sales) or Naib-Tehsildar (Sales) may reject the same :Provided further that where, in a case, the Tehsildar (Sales) or Naib Tehsildar (Sales) is satisfied that certain entry or entries made in the Revenue Record have been tempered with mala fide to harm the interest of an eligible occupant, he shall not reject the same, but shall refer it to the Sales Commissioner, for decision, who may decide it after holding such enquiry as he may deem fit.(iii)In a case, where an occupant of the land has died after making the application by the date prescribed by the State Government from time to time, the Tehsildar (Sales) or Naib-Tehsildar (Sales) shall proceed with the determination of the eligibility as if the legal heirs of the deceased were the occupants.(iv)In the case of a legal heir, his own holding shall have the same meaning as that of the occupant's own holding and while determining the eligibility for the transfer of the land this holding shall be taken into account.Provided that in the event of plurality of heirs of a deceased occupant, no individual heir shall be entitled to the transfer of the land exceeding his proportionate share in the land occupied by the deceased occupant.(v)[ The occupant, who is a member of a registered society engaged in the cultivation of the land, shall be eligible for the transfer of land, notwithstanding, the fact that the entries in the Khasra Girdawari are in the name of the said society, provided he is, a self tilling member and fulfils other conditions, prescribed for the purpose.] [Amended vide Notification dated 20th January, 1979.]
