Section 3 in Punjab Package Deal Properties (Disposal) Rules, 1976
3. Transfer of land in rural area.
(1)Persons entitled to make applications for the transfer of land, on the basis of possession .-[An application for the transfer of land which is rural property, as and when invited by Government, may be made by a person] [Amended vide notification dated 20th January, 1979, published in Punjab Government gazette dated February 16, 1979] [whose own holding is less than] [Substituted vide notification dated 22nd June, 1988, published in the Punjab Government gazetted dated July 1, 1988] ten ordinary acres and who is an occupant of such property, or who is a landless agriculturist or who is such other landless occupant or belongs to such class of occupants, as may be notified by the Government from time to time :-Provided that the applicant -(i)is head of the family ;(ii)is a self-tiller ;Explanation :- A widow who is occupant and is getting the land cultivated by her son (s) or by employing servant(s) ; or otherwise shall be considered as self-tiller.(iii)is in continuous and undisputed cultivating possession of the land from the crop that may be prescribed by the State Government from time to time ; and(iv)has applied for the transfer of the land occupied by him on or before the date, as may be prescribed by the State Government, from time to time.(2)Persons not entitled to make applications for the transfer of land :- An occupant shall not be entitled to apply if -(i)he is a minor, provided he is not a legal heir of an occupant who has died after making an application by the prescribed data ;(ii)he is an allottee or vendee of land, the allotment or transfer whereof has been cancelled on the grounds of fraud, misrepresentation of facts or otherwise ;(iii)she is a woman, whose husband is alive but is not disabled or incapacitated;(iv)[ he has already purchased surplus rural evacuee agricultural land on the basis of possession or in restricted auction and has disposed of the same, or has ceased to be entitled to hold the land by reasons of default in the terms and conditions of the transfer or sale ;] [Amended vide Notification dated 20th January, 1979.](v)[ he is an employee of the State Government or is a member of the family of such an employee, except with the prior permission of the [State Government in case of gazetted Government employee and of Deputy Commissioner of the district in which the property is situated in the case of Government employee] [Inserted vide Notification dated 3rd September , 1991, published in Punjab Government gazetted dated 13th September, 1991]substituted vide Notification No. GSR/83/PA-21/76S18/Amd(9)/94 dated 28-11-1994.(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.](4)Determination of own holding, data for. - The determining date for an occupant's own holding shall be the date on which his application for the transfer of the land is decided by the Tehsildar (Sales) or Naib-Tehsildar (Sales). A part or whole of the holding, if transferred by an occupant, his wife or his dependent children to any one in any source on or after the date as may be prescribed by the State Government from time to time, and before the decision of his application by the Tehsildar (Sales) or Naib-Tehsildar (Sales) shall be deemed to be a part or whole of his holding.(5)[ Price of the land. - The price of the land transferred shall be determined at such rates as the State Government may prescribe from time to time.] [Amended vide Notification dated 20th January, 1979](6)Scrutiny of applications. -(i) On receipt of an application for the transfer of land, the Tehsildar (Sales) or Naib-Tehsildar (Sales) shall scrutinise and dispose it of [within four months from the date of receipt by him of the application for transfer of the land under these rules] [Substituted vide Notification dated 28.11.1994.].(ii)[ Where the Tehsildar (Sales) or Naib-Tehsildar (Sales) is satisfied that the occupant is eligible for the transfer of land in his or her possession, he shall send the case to the Sales Commissioner for approval, after recovery of the first instalment equivalent to an amount as may be specified by the Government from time to time and the arrears of rent/lease or damages, if any.] [Added vide Notification dated 20th January, 1979, published in Punjab Government Gazette, dated February 16, 1979] These arrears shall be paid in lumpsum or in such number of instalments as may be fixed by the Sales Commissioner by a specific order, 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 land is to be recovered.(iii)The Sales Commissioner may, after scrutiny of the case referred to him under sub-rule (2), either confirm or reject or modify the recommendations of the Tehsildar (Sales) or Naib-Tehsildar (Sales) [within two months from the date of receipt of the case by him] [Word added vide Notification dated 28.11.1994.] :Provided where a transferee is a woman or a minor, the Sales Commissioner shall send the case to the Chief Sales Commissioner, with his specific recommendations.(7)Mode of recovery of price of land. - Where any land has been transferred to an occupant under these rules, the price of such land shall be payable in instalments, the number of such instalments and amount of each instalment shall be such as may be specified by the State Government from time to time.(8)Interest on instalments. - Where any land is transferred on instalment basis, the transferee shall be liable to pay interest at the rate, as may be specified by general or special order by the State Government from time to time.(9)[ Default in the payment of instalment. - In the event of default on the part of transferee of land in the payment of any instalment by the stipulated date, Tehsildar (Sales) or the Naib-Tehsildar (Sales) may recover the amount of the defaulted instalment with interest at the rate of [fifteen per cent per annum as arrears of land revenue and in the event of three successive defaults by the transferee, the transfer of the land shall be liable to be cancelled.] [Amended/Inserted vide Notification dated 20th January 1979.](10)Refusal to accept the transfer of land. - Where an occupant refuses to accept the transfer of the land transferred to him, it shall be disposed of in auction or in any other manner prescribed under these rules.(10A)[ Bar on the alienation of land transferred on the basis of possession. - (1) Where the land has been transferred on the basis of possession, the transferee shall not be entitled to lease, transfer, sell, mortgage with possession or otherwise alienate or part with the land wholly or partially in any manner for a period of twenty years from the date of transfer :Provided that the land transferred as aforesaid may be pledged in favour of the State Government, any semi-Govt., Corporation, or a co-operative financing institution of the State Government and any branch of the Punjab State Co-operative Bank for securing loan for effecting improvements on the above said land. (2) If a transferee who purchased the land by transfer violate any of the conditions specified in sub-rule (1), the Tehsildar (Sales) or Naib- Tehsildar (Sales) shall be competent to cancel the transfer, forfeit the amount already paid and resume the land after giving due notice to the transferee.] [Inserted vide Notification dated 3rd September 1991, published in Punjab Government gazetted dated September 13, 1991.](11)Deed of conveyance to be executed. - Where any land is transferred to an occupant under this Chapter, and he has paid full price thereof, a Deed of Conveyance shall be executed in form specified in Appendix 'A' to these rules.
