1781 Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 19, 2020
(ASVN 27, 1942 SAKA)
EXTRAORDINARY
Published by Authority
CHANDIGARH, MONDAY, OCTOBER 19, 2020
(ASVINA 27, 1942 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 19th October, 2020
No. 29-PLA-2020/73.–The Punjab (Welfare and Settlement of
Landless, Marginal and Small Occupant Farmers) Allotment of State
Government Land Bill, 2020 is hereby published for general information under
the proviso to rule 121 of the Rules of Procedure and Conduct of Business in
the Punjab Vidhan Sabha (Punjab Legislative Assembly):-
Bill No.29-PLA-2020
THE PUNJAB (WELFARE AND SETTLEMENT OF LANDLESS,
MARGINAL AND SMALL OCCUPANT FARMERS)
ALLOTMENT OF STATE GOVERNMENT LAND BILL, 2020
A
BILL
to provide as a welfare measure for allotment of land to landless, marginal
and small farmers who are in cultivating possession and occupation of
Government lands for a period of more than twelve years and for protecting
Government interests of getting reasonable price for its lands and for the
matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
first Year of the Republic of India, as follows: -
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1. (1) This Act may be called the Punjab (Welfare and Settlement of
Short title and commencement.
Landless, Marginal and Small Occupant Farmers) Allotment of State
Government Land Act, 2020.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
Definitions. 2. In this Act, unless the context otherwise requires, -
(a) "Acre" means an area of land measuring 4840 square yards;
(b) "Allotment Commissioner" means the Assistant Collector of the
First Grade under the Punjab Land Revenue Act, 1887 (Punjab
Act No. XVII of 1887) posted as Sub-Divisional Magistrate in a
Sub-Division;
(c) "Allottee" means an occupant of land to whom land has been allotted
by an order passed by the Allotment Commissioner but does not
confer right of ownership;
(d) "Appointed day" means the first day of January, 2020;
(e) "Chief Allotment Commissioner" means the District Collector or
the Deputy Commissioner of the District;
(f) "cultivating possession" means continuous cultivating possession
for a period of twelve years or more as on the appointed day by a
landless, marginal or small farmer or his predecessor on Government
land established by entries in the revenue record;
(g) "Financial Commissioner" means the Financial Commissioner,
Revenue of the Government of Punjab;
(h) "Government" means the Government of Punjab in the Department
of Revenue, Rehabilitation and Disaster Management;
(i) "land" means the agriculture land in rural area belonging to or vesting
in the State Government of any department, but shall not include,-
(i) evacuee land, governed by the Punjab Package Deal
Properties (Disposal) Act, 1976;
(ii) nazool land as defined in rule 2 (d) of the Nazool Lands
(Transfer) Rules, 1956; and
(iii) surplus area of land in excess of the permissible area declared
under the Punjab Land Reforms Act, 1972 (Punjab Act No.10
of 1973);
(j) "Landless, Marginal and Small Farmer" means a farmer, who, does 1783
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not own, owns up to 2.5 acres and more than 2.5 acres and up to 5
acres of agriculture land respectively in the State of Punjab;
(k) "occupant" means a person including his predecessors in cultivating
possession;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "rural area" means an area which is not part of urban area and is
not within the limits of any municipality or local self-government
institution;
(n) "Sub-Divisional Magistrate" means the in-charge of the revenue
administration of a Sub-Division in the District; and
(o) "Tehsildar" means the Tehsildar of a Tehsil under the Punjab Land
Revenue Act, 1887 (Punjab Act No. XVII of 1887).
3. (1) Any landless, marginal or small farmer in cultivating possession Eligibility for allotment of land.
and occupation of land for a period of more than twelve years, shall be eligible
for allotment of land not exceeding five acres in accordance with the provisions
of this Act.
(2) An application for allotment of land under the provisions of this Act
shall be made to the Allotment Commissioner in such manner, as may be
prescribed.
Price of land.
4. The price payable by an eligible applicant for allotment of land shall be
determined on the basis of the Collector rate fixed by the Collector for the
area prevalent on the date of application and the rate of allotment shall be
determined as follows: -
For Marginal and Small Farmers of General Category:-
(a) up to 2.5 acres fifty per cent of the Collector rate
(b) above 2.5 acres and up sixty-five per cent of the Collector
to 5 acres rate
For Landless of both categories (General Category and Scheduled Castes
Category) and Members of Scheduled Castes Category:-
(a) up to 2.5 acres thirty per cent of the Collector rate
(b) above 2.5 acres and forty per cent of the Collector rate
up to 5 acres
5. (1) On receipt of an application for allotment of land, the Allotment Procedure for allotment.
Commissioner shall call for the report and recommendations of the Tehsildar.
(2) The Allotment Commissioner in respect of land for which an 1784 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 19, 2020
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application for allotment has been received shall serve a notice to the Secretary
to Government of the department in which the land vests and in the manner as
may be prescribed, for raising specific objections, if any, within sixty days of
the date of notice.
(3) The Allotment Commissioner on receipt of the report under sub-
section (1) and objections, if any, of the department under sub-section (2) and
after conducting such inquiry as he deems fit, and hearing the applicant and
the District head of the concerned Government Department in which the land
vests, shall by order in writing by recording reasons determine whether the
land is to be allotted and thereafter either allot the land by determining the
amount payable in the manner prescribed or decline the allotment:
Provided that an occupant shall be ineligible for allotment of land, if, he is
an allottee or vendee of land, the allotment or transfer of which has been
cancelled on the ground of fraud or misrepresentation of facts or otherwise.
6. (1) The allottee shall within thirty days of the passing the order of
Mode of payment.
allotment, deposit and pay twenty-five per cent of the total amount determined,
failing which the allotment shall be cancelled:
Provided that in the event an allottee deposits the entire amount of the
price determined within thirty days of the passing of the order of allotment of
land, he shall be entitled for a discount of ten per cent.
(2) The balance amount payable after payment of the initial amount
under sub-section (1), shall be paid and deposited by the allottee in six equated
interest free installments within a period of three years from the date of
allotment of land.
(3) In the event of failure to pay the due amount in terms of sub-
section (2) within thirty days, the allotment shall be deemed to be cancelled
and possession of the allotted land shall be taken by the Tehsildar who shall
dispose of the same in the manner prescribed.
7. (1) The Allotment Commissioner on receipt of full and final amount of
consideration, shall execute a conveyance deed conferring ownership rights
of the allotted land in favour of the allottee.
(2) In the event of death of the allottee, his legal heirs shall be entered
Issuance of conveyance deed and conferment of ownership rights on the allottee.
in his place.
(3) Mutation of ownership rights shall be entered and sanctioned in
favour of the allottee on the basis of conveyance deed executed by the Allotment
Commissioner in favour of the allottee.
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8. (1) The Allotment Commissioner except in case of deemed cancellation Cancellation of allotment.
under sub-section (3) of section 6 of this Act, may after due enquiry and an
opportunity of being heard to an allottee, cancel and rescind the allotment of
land, if the allotment had been made on misrepresentation or fraud.
(2) The amount paid shall be forfeited to the Government in case of
cancellation of allotment under sub- section (1).
Appeal.
9. An allottee or a department of the Government, in which the land vests,
aggrieved by an order passed by the Allotment Commissioner affecting his or
its rights may, within thirty days from the date of order, prefer an appeal to the
Chief Allotment Commissioner in such form and manner, as may be prescribed:
Provided that the Chief Allotment Commissioner may entertain an appeal
after the expiry of said thirty days, if he is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time and decide it
within sixty days.
Revision.
10. The Government may, at any time call for the record of any case under
this Act pending before, or disposed of, by the Allotment Commissioner or the
Chief Allotment Commissioner and pass such order, consistent with the
provisions of this Act and the rules framed thereunder, in relation thereto, as in
its opinion the circumstances of the case require:
Provided that the Government shall not pass an order under this section
reversing or modifying any proceedings or order of the Allotment Commissioner
or the Chief Allotment Commissioner without giving the affected party an
opportunity of being heard.
11. The procedure for conduct of proceedings under this Act shall be in
such manner as may be prescribed.
12. Save as otherwise expressly provided in this Act, an order passed by the
Allotment Commissioner, the Chief Allotment Commissioner or the Government
under this Act, shall be final and the jurisdiction of the Civil Court to entertain
Finality of orders and bar of jurisdiction of Civil Courts.
any suit or proceedings in respect of any matter which the said authorities are
empowered by or under this Act, shall be barred.
13. No suit or other legal proceedings shall lie against the Government or
any officer or authority functioning under this Act in respect of anything done
Protection of action taken in good faith.
or action taken or intended to be taken or done in good faith, in pursuance of
this Act.
14. (1) The Government may, by notification in the Official Gazette, make
rules to carry out the purposes of this Act.
Power of Government to make rules.
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(2) In particular, and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters under
this Act, namely: -
(a) the form for making an application by an eligible occupant of land
under this Act for allotment;
(b) the method and procedure for the Tehsildar to conduct an inquiry for
consideration of entitlement of an intended allottee for allotment of land
under this Act, and for calculating and determining the price of the land;
(c) the procedure for paying and depositing (after the payment of initial
twenty-five per cent of the determined price for allotment of land)
the six-monthly installments and the amount of each installment;
(d) the procedure for refund of the amount paid for allotment in case
of cancellation of allotment under section 6 of this Act;
(e) the procedure for disposing the land that is repossessed after failure
on the part of the allottee to pay the determined amount or installments;
(f) the procedure to be followed for the conduct of proceedings under
this Act; and
(g) any other matter which is required to be, or may be, prescribed.
15. (1) If any difficulty arises in giving effect to the provisions of this Act,
Power to remove difficulties.
the Government may, by order published in the Official Gazette, make such
provisions, consistent with the provisions of this Act as appear to it to be
necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a
period of two years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after
it is made, be laid before the State Legislature.
16. This Act shall remain in force for a period of two years from the date of
its commencement:
Period of applicability of this Act.
Provided that any proceedings initiated or pending under this Act
at the expiry of two years from the date of commencement of this Act shall
continue in the same manner till its final completion as if this Act had not
lapsed.
17. The provisions of this Act shall have overriding effect, notwithstanding
Act to have overriding effect.
anything contained in any judgment or decree of any court or anything
inconsistent herein in any other law, rule or policy for the time being in force.
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Repeal.
18. (1) The Punjab Allotment of State Government Land Act, 2016 (Punjab
Act No.54 of 2016) shall stand repealed.
(2) Notwithstanding such repeal-
(i) any order passed or anything done or any action taken in
pursuance of any provisions of the repealed Act shall be
deemed to have been made, done or taken under the provisions
of the Act so repealed; and
(ii) any proceeding pending under the provisions of the repealed
Act shall continue in the same manner as if that Act had not
been repealed.
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Statement of Objects and Reasons
The State Government is owner of various parcels of land, which
are under occupation and possession of mostly marginal and small farmers for
a long period of time. The livelihood of the farmers occupying these lands
depends thereon. There has been numerous and protracted litigation also, thus
a need to resolve these through a legislation. Accordingly, it is proposed to
enact 'The Punjab (Welfare and Settlement of Landless, Marginal and Small
Occupant Farmers) Allotment of State Government Land Act, 2020'. This
would not only ensure a fair and proper allotment of land, but would also
protect livelihood of many small, marginal and landless farmers.
GURPREET SINGH KANGAR
Revenue, Rehabilitation and Disaster
Management Minister, Punjab.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Section 14 of "The Punjab (Welfare and Settlement of Landless,
Marginal and Small Occupant Farmers) Allotment of State Government Land
Bill, 2020" empowers the State Government to make rules to carry out the
purposes of this Act. The powers sought are necessary for the proper
implementation of the provisions of the Act and are normal in nature.