Section 7 in Rules for the Sale of Surplus Rural Properties
7. Procedure for the transfer of surplus evacuee property at fixed rates.
(a)Any person claiming to be entitled to transfer of surplus evacuee land at fixed price under any general or special order, of the Government passed under rule 3 shall apply to the Tehsildar Mahal/Sales within the time which may be prescribed by the Government from time to time. The sale will be subject to the condition that the applicant pays all the outstanding dues including rent of the land.(b)The eligibility of every applicant shall be determined by the Tehsildar/Naib Tehsildar (Sales) strictly in accordance with the entries in the Revenue record and no oral evidence with regard to the possession of the applicant shall be allowed to be adduced.(c)After making necessary enquiries Tehsildar/Naib Tehsildar (Sales) arrives at the conclusion that the applicant is not eligible for the transfer of the property, he shall reject the application, recording in brief the reasons of such rejection.(d)Every person whose application is rejected may within 15 days of the date of the order, file an appeal against that order before S.O. (Sales) whose orders thereon, subject to the provisions of Review and Revision as provided in these rules shall be final.(e)If the Tehsildar/Naib Tehsildar (Sales) holds the applicant eligible for the transfer of the land, he shall pass an order accordingly giving full particulars of the land to be transferred and the price payable for the same.(f)Every transfer of land under this rule shall be subject to the approval of the Settlement Commissioner or any other officer appointed by him for the purpose, provided that no transfer shall be approved till after the expiry of 15 days from the date of the order under clause(e)of this rule.(g)Every person declared provisionally by the Tehsildar (Sales) eligible shall pay in cash an amount equal to 25% of the price as determined by the Tehsildar/Naib Tehsildar immediately after the order granting his application is passed. The deposit will be treated as Earnest Money.(h)When the transfer is approved by the Settlement Commissioner or other officer empowered to do so, the transferee shall produce before the Tehsildar (Sales) within 30 days of the receipt of the intimation by him of such approval, a challan showing a deposit into the treasury of the balance price.Provided that the Settlement Commissioner or other Officer appointed by him may extend the aforesaid period of 30 days by such period as he may think fit and reasonable in each particular case.(i)If the balance is not paid within the period specified in the foregoing clause, the initial deposit made by the purchaser shall be liable to forfeiture and he shall have no claim to the property which the Government may dispose of in any manner as it may think fit.
