Section 9 in Punjab Package Deal Properties (Disposal) Rules, 1976
9. Procedure for transfer of urban property.
(a)[House, shops, building plots, sites or agricultural land which are being used for residential, commercial or industrial purposes may be transferred to the occupants on] [Amended.-vide Notification dated 30th August, 1979.] [the market price prevailing on the date of application in case the occupants are in continuous possession of that house, shop, building plot, site or agricultural land since the 1st January, 1977, or such other date as the Government may, from time to time specify and in the case of building plot, site or agricultural land, he had raised construction thereon on or before the said date.] [Substituted vide Notification dated 3.9.1991.](b)[An occupant who is transferred a building plot, site or agricultural land under sub-rule (a) may be transferred:] [Amended vide Notification dated 30th August, 1979.](i)an area not exceeding 500 square yards including the built up area in case it is used for residential purposes;(ii)an area not exceeding 1000 square yards including the built up area in case it is used for commercial or industrial purposes.(bb)[Where area of a building plot, site or agricultural land used for residential, commercial or industrial purposes by an occupant exceeds the limits prescribed in clause (i) or (ii) of sub-rule (b) the excess area shall be sold to the occupant by negotiation by the Government at such additional price not exceeding 25 per cent of the market value in case the built up area is used for residential purposes and not exceeding 50 per cent of the market price in case the built up area is used for commercial or industrial purposes, as may be fixed by the Government, keeping in view the location and the potential value of the area.] [Substituted vide Notification dated 30th August, 1979.]Provided that the total area transferred to the occupant shall not exceed the ceiling fixed under the Urban Land Ceiling (Regulation) Act, 1976.(c)Where a property is in the occupation of an individual, it shall be transferred to him if he is found eligible. However, where a property is occupied by more than one family in distinct portions which were divisible, such portions shall be transferred to them separately; provided there is no dispute between them and the applications for the transfer of the portions under their respective possessions are made separately by them within the specified period. But, where there is a dispute between the persons occupying a property, and it is indivisible, it shall be disposed of by sale in auction.(d)(i)[Each transferee other than a member of the Scheduled Castes or Backward Classes shall be required to pay at the rate of 25 per cent of the price alongwith the arrears of rent or damages, in cash, of Urban Property to be transferred within thirty days of the determination of his eligibility, and the balance price shall be payable in lumpsum or in three equated bi-annual instalments bearing such rate of interest as may be specified by the Government.] [Substituted vide Notification dated 30th August, 1979.](ii)[The arrears of rent or damages shall be paid in lump-sum or in such number of instalments as may be fixed by the Sales Commissioner keeping in view the circumstances of each case and the number of instalments so fixed shall not exceed the number of instalments in which price of the urban property is to be recovered.] [Substituted vide Notification dated 30th August, 1979.](iii)[In case of default of any instalment, penal interest at such rate as may be specified by the Government shall be charged on the amount under default exclusing the amount due on account of rent or damages. If the transferee fails to pay any instalment with interest on account of the balance amount or instalment on account of rent or damages within the time extended by the Sales Commissioner or the Chief Sales Commissioner, the Tehsildar (Sales) may recover the said amount as arrears of land revenue.] [Substituted vide Notification dated 30th August, 1979.](e)The members of the Scheduled Castes and Backward Classes shall be entitled to the following concessions:-(i)The Scheduled Castes and Backward Classes occupants may purchase properties under their occupation at a rate of fifty per cent of the market price:[Provided that any excess area above the limit prescribed in sub-rule (b) shall be transferred at the prevailing market price as referred to in sub-rule (bb).] [Inserted vide Notification dated 30th August, 1979.](ii)The total price will be payable by them in twelve equated half- yearly instalments; Provided that the first instalment shall be paid within one month of the offer of sale.(iii)If a Scheduled Castes or a Backward Classes transferee does not pay the instalment on the due date, penal interest as prescribed by the Government will be charged on the amount under default or as may be determined by the Chief Sales Commissioner in each case. If, however, he fails to pay the instalment and interest due thereon, within six months of the date on which the instalment becomes due or within the time extended by the Sales Commissioner or the Chief Sales Commissioner [the Tehsildar (Sales) or Naib-Tehsildar (Sales) shall recover the amount of the defaulted instalment with interest thereon at such rate as may be specified by the Government as "arrears of land revenue".] [Inserted vide Notification dated 30th August, 1979.](iv)Where it is established that a member of the Scheduled Castes had built a house before 15th August, 1947, on land which became urban evacuee land, such a person shall be entitled to retain the house without any further payment.(f)An urban property, may be disposed of by negotiation to Government Departments, Semi-Government Departments, Co-operative Societies, Corporate Bodies and Public Institutions for a public purpose, or to private companies registered under the Companies Act, 1956, in accordance with the Government Policy as may from time to time be framed.(g)All other properties, not covered by principles mentioned herein before, shall be disposed of by public auction or in other manner as prescribed by the State Government, from time to time.(h)[Land-locked urban plots or plots unfit for independent construction and occupied by the owners of the adjoining houses or located within commercial or industrial premises, shall be sold to the occupants by negotiation by Government at market price, provided their possession is undisputed. Where the possession is disputed, the plot shall be disposed of by auction as prescribed in sub- rule (g) and the auction thus held shall be confined to the owners of the adjoining houses.] [Inserted.-vide Notification dated 30th August, 1979.]
