PATIALA AND EAST PUNJAB STATES UNION

 

I.                   Resettlement figures. (net standard acres)

 

Tahsil

Area

Area required

Proposed

 

Available

for own

Resettlement

 

 

Colonists

 

 

 

 

 

PEPSU

413466

33112

*Colonists            33112

 

 

 

Gujranwala         124991

 

 

 

Sheikhupura         70035

 

 

 

Montgomery          3000

 

 

 

Ludhiana                            (In Barnala district)

 

 

 

     Colonists           9080

 

 

 

Rupar & Kharar                 (In Fatehgarh district)

 

 

 

     Colonists           7933

 

 

 

Rawalpindi                         (Overflow from the

 

 

 

     Division less                  Ambala-Ludhiana area)

 

 

 

     Mianwali         19945

 

 

 

Sialkot                  65268

 

 

 

With Gurgaon        9000     (Narnaul & Bawal)

 

 

 

With Ambala         6000     (Kalsia)

 

 

 

With Rohtak          4000     (Dadri for

 

 

 

                                            Muzaffargarh)

 

 

 

With Ferozepur    40000     (Bhatinda)

 

 

 

Lahore                20000

 

 

 

Simla Colonists      102

 

 

 

Reserve                1000

 

 

 

                         ----------

 

 

 

                         413466

 

 

 

                         ----------

 

II.        Scheme of Allocation

The whole of Pepsu was treated as a single area of allocation. The sub-allocation scheme for Pepsu and the subsequent adjustments related more to distribution of claims as between different districts rather than as between different parts of the same district. There was an intimate connection in the allocation of certain East Punjab districts with that of the adjoining areas of Pepsu, for instance, between Ferozepur, Sirsa and the Bhatinda district; between Ludhiana and Barnala, between Ambala and Kalsia; Rupar and Kharar tahsils of Ambala district and Fatehgarh district; Gurgaon and Narnaul and Bawal tahsils of Mohindergarh district; and Rohtak and Dadri tahsil of Mohindergarh district. The fact that the integration of the various constituent units of Pepsu was completed during the progress of resettlement operations also made certain adjustments necessary from time to time. The various proposals and adjustments were reached jointly in association with one another by the Punjab and Pepsu Rehabilitation Departments, but the orders were passed by the Pepsu authorities. A distinguishing feature of resettlement in Pepsu was that, as the Pepsu Government were in favour of causing the least disturbance to the population which had already settled, the rule regarding grade I villages or areas being available in the first instance for the settlement of grade I claimants only, which applied to East Punjab, did not apply to allotment in Pepsu. Thus, a sitting allottee could be settled in a village of his temporary allotment superior by one grade only even though the area might have been out of allocation for him.

 

(1)   MOHINDERGARH DISTRICT

 

Scheme of sub-allocation

 

1.         Claimants from the Thal circle of Muzaffargarh tahsil and claimants surplus to Jhajjar tahsil of Rohtak district were to be settled in tahsil Dadri (see sub-allocation for Rohtak);

 

2.         Claimants from the Thal Kalan and Daggar circles of Bhakkar tahsil were to be partly settled in the Chahat Khari circle or Rewari tahsil and partly in the Bawal tahsil (see sub-allocation of Gurgaon district);

 

3.         In   addition to the Kashmiri population already settled in the Narnaul tahsil, this tahsil was to take claimants from the Pachhad circle of Sanghar tahsil and Pachhad circle of Jampur tahsil excluding those belonging to a group of villages near Dajal (see sub-allocation of Gurgaon district).

 

(2) BHATINDA DISTRICT

 

I.          Scheme of Sub-allocation

 

1.      Claimants from the Manjha Khara assessment circle of Lahore tahsil were to be

settled in tahsil Fardikot (see sub-allocation of Ferozepur).

 

2.      Claimants from the Hithar circle of Chunian tahsil were to be settled in tahsil

Bhatinda, surplus claims being settled in Mansa tahsil (see sub-allocation scheme of Ferozepur).

 

3.      Claimants from the Chenab circle of Hafizabad and the Chenab circle of

Wazirabad tahsils were to be settled in tahsil Mansa.

 

II. Sub-allocation adjustments

 

In modification of the scheme of sub-allocation it was agreed that claimants who had abandoned perennial land in the Hithar circle of Chunian tahsil and the Chenab circles of Hafizabad and Wazirabad tahsils could be allowed allotment in the perennial circles of Bhatinda and Mansa tahsils, preference in the Bhatinda tahsil being given to displaced persons from Chunian and in the Mansa tahsil to those from the Hafizabad and Wazirabad tahsils. If some perennial land still remained to be allotted, claimants who had abandoned non-perennial land in the Hithar circle of Chunian and the Chenab circles of Hafizabad and Wazirabad tahsils could be settled in the perennial areas, failing this they could be settled in the non-Nehri areas.

 

2. It was found that on account of the claims of those who had taken temporary allotment in Bhatinda district the area that would be available for allotment to Lahore tahsil in accordance with the scheme of sub-allocation would be much smaller than had been supposed. It was, therefore, agreed that Bhatinda district would take as many of the displaced persons from Bahawalpur as desired allotment in the district in place of displaced persons of Lahore tahsil whose allocation was therefore transferred to Ferozepur. This district was now to take fewer claims from Bahawalpur.

 

3. Claims surplus to Karnal relating to the Charkhari circle of Gujranwala tahsil, Chenab circle of Wazirabad tahsil and the entire Hafizabad tahsil were to be transferred to Bhatinda tahsil (December 1,1949). (See also sub-allocation scheme of Jullundur district) A proportion of these claims was to be passed on to Jullundur (December 12, 1949)

 

4. Bhatinda had suburban land amounting to 3145 standard acres in Kot Kapura, Fardikot and Bhatinda as against suburban claims amounting to 1200 standard acres. It was, therefore to take over suburban claimants of Gujranwala and Sheikhupura districts from other Pepsu districts and also claims of any non-sitting suburban claimants of these two districts from Karnal in respect of which specific orders for settlement in Karnal did not exist.

 

5. Sangrur passed to Bhatinda surplus Sheikhupura claims amounting to 400 standard acres.

 

(3)        PATIALA DISTRICT

 

I.          Scheme of SUB-allocation

1.      Claims from the Charkhari circle of Gujranwala and Lower Chenab circle of

Sheikhupura were to be met in tahsil Patiala;

2.       Tahsil Rajpura was to take surplus claims from Ambala relating to

Rawalpindi Division excluding Mianwali district;

3.      Claimants from the Upper Chenab circle of Sheikhupura tahsil were to be

settled in Nabha tahsil;

4.      Rajput Sikhs as far as possible were to be settled in Rajpura tahsil, the quality

of land abandoned being the over-riding consideration. The displaced landholder from the Soan circle of Fateh Jang, who were holding temporary allotment in Ambala district received allotment in Rajpura tahsil.

 

II.        Sub-allocation adjustments

 

1.      Surplus claims from Karnal relating to the Charkhari circle of Gujranwala

tahsil were to be transferred to Patiala district (October 18, 1949). Later, when there was no available land in Patiala, surplus claims of the Charkhari circle were earmarked for transfer to Bhatinda.

2.      Surplus claims from Karnal relating to Sheikhupura district were proposed for

transfer to Patiala district (December 1, 1949) . Any overflow from Patiala was to be passed to Jullundur.

 

(4)  SANGRUR DISTRICT

I.          Scheme of Sub-allocation

1.      Claimants from the bar circle of Gujranwala tahsil were to be settled in tahsil

Sangrur;

2.      Those from the Bangar circle of Gujranwala tahsil were to be settled in

Bhiwanigarh portion of Sangrur tahsil and in the Sanam tahsil minus Chak Neili;

3.      Chak Neili of tahsil Sanam was to take displaced persons from the Kalar

circle of Gujranwala tahsil;

4.      Tahsil Jind including Chak Safidon was to take displaced persons from the

Bangar and Bar circles oft Hafizabad; and

5.      Tahsil Narwana was to take the Bangar and Charkhari circles of Wazirabad

tahsil.

Suitable changes were made in implementing these directions to correspond with territorial changes affecting Sangrur district.

II.        Sub-allocation adjustments

Surplus claims from Karnal relating to Gujranwala tahsil minus Charkhari circle and to Wazirabad tahsil minus the Chenab circle, were to be settled in the Sangrur district. At a later stage a proportion of these claims had to be passed to Jullundur (See sub-allocation for Jullundur). It was also arranged that Bhatinda should take over surplus claims from Sangrur.

 

(5)        BARNALA DISTRICT

I.          Scheme of sub-allocation

In addition to its own temporary allottees, Barnala district was to take the following claims:

1.      Colonists from Ludhiana district (9080 standard acres);

2.      Claimants from the Rakh Branch and Gugera Branch circles of Sheikhupura tahsil; and

3.      Claimants from the Charkhari I circle of Daska tahsil.

 

II.        Sub-allocation adjustments

Surplus claims of Daska tahsil were to be transferred to Fatehgarh district (September 7, 1949). Further surplus claims of Daska tahsil were to be transferred to Kapurthala (October 18, 1949). Claims of Ludhiana colonists for which area was not available in Barnala were to be transferred to Fatehgarh (October 7, 1949).

In order to accommodate claims of Ludhiana colonists to the maximum extent possible, land was diverted by excluding from allotment in villages with perennial irrigation (a) non-sitting allottees not entitled to perennial land who had not abandoned grade I land; and (b) sitting allottees not entitled to perennial land who had not abandoned either grade I or grade II land. Claims of Ludhiana colonists, which were still surplus to Barnala, were to be passed back to Ludhiana. As regards claims rendered ineligible for allotment in Barnala on account of the directions mentioned above, it was arranged that Sialkot claims should be passed to Kapurthala and Bahawalpur claims to Bhatinda while claims of other districts were to be adjusted in accordance with the instructions applicable to them (December 12,1949).

 

(6)        Fatehgarh district

 

I.          Scheme of sub-allocation

This district was to receive claims of the following:-

1.      Displaced persons from Nankana Sahib tahsil of Sheikhupura district.

Settlement was to be in the Amloh tahsil in the first instance, the balance being allotted in the Sirhind tahsil;

2.      Colonists from the Ambala district (7933 standard acres) for settlement as far

as possible according to villages of West Punjab in the Sirhind tahsil; and

3.      Displaced persons from the Aik circle of Daska tahsil were to be settled in the

Pail tahsil, and, if necessary, in the Sirhind tahsil of Fatehgarh district and the Phagwara tahsil of Kapurthala district.

 

II.        Sub-allocation adjustments

 

Claims of displaced persons of the Charkhari I circle of Daska tahsil surplus Barnala were to be taken over by Fatehgarh (September 7, 1949);

 

2. Claims of Ludhiana co surplus of Barnala were to be passed in the first instance to Fatehgarh (October 27, 1949). Later a proportion of these claims was transferred from Barnala to Ludhiana; and

3. Small instalments of claims exceeding the figure originally contemplated were transferred from the Rupar and Kharar tahsils of Ambala to Fatehgarh.

 

(7) KAPRUTHALA DISTRICT

 

I.          Scheme of sub-allocation

 

1.      The Phagwara tahsil was taken in addition to persons already settled, colonists

of Kapurthala district not already holding land on temporary allotment and claimants from the Aik circle of Daska tahsil for whom land was not available in the Fatehgarh district;

2.      In the Kapurthala tahsil the following categories of claimants were to be

settled in addition to temporary allottees due to remain in the district;

(a) Labanas approved for settlement in Kapurthala district in virtue of the

     preference expressed by them;

(b)   Displaced persons from the Shahdara tahsil of Sheikhupura district;

(c)    Displaced persons from the Chak Bet Bela and Chak Charakhari II of Daska 

      tahsil.

 

II.        Sub-allocation adjustments

 

Claimants of Daska tahsil surplus to Barnala and Fatehgarh were to be settled in Kapurthala. An attempt was made to earmark groups of villages for the purpose (October 18, 1949);

 

2. Amritsar colonists surplus to Amritsar were to be settled in the Kapurthala district in villages earmarked for the purpose. It was arranged that the smaller among these colonists, who were entitled to 20 standard acres or less and could not be accommodated in the Taran Taran and Amritsar tahsils, should be settled in Kapurthala in preference to Ajnala tahsil of Amritsar district (November 9, 1949); and

3. Surplus claims of Lahore tahsil, which could not be accommodated in Ferozepur, were proposed for settlement in Kapurthala in the Sultanpur tract where area was reserved (December 1, 1949). Kapurthala also took clams of displaced persons from Sialkot, which were surplus to Gurdaspur and Hoshiarpur. Detailed instructions were issued for the purpose from time to time.

 

(8)        KOHISTAN DISTRICT

 

 

The following categories of claims were to be taken over by the Kohistan district:

 

1.      Claimants from the Jhelum circle of Shahpur tahsil (in Kalsia tahsil);

 

2.      The Dera Basi area of the former Kalsia tahsil subsequently incorporated in

Rajpura tahsil was to be settled as part of the Fatehgarh district; and

 

3.      The area available after meeting the requirements of displaced persons from

West Punjab and persons of Punjabi extraction from outside West Punjab was made available for settlement of displaced persons from N.W.F.P. and Kashmir who held land temporarily in Kohistan. Allotments for N.W.F.P. and Kashmir displaced persons were also proposed in the Kandaghat and Nalagarh tahsils.

II.        Sub-allocation adjustments

 

Area available in the Kalsia, Nalagarh and Kandaghat tahsils was declared a special area of allocation for surplus claims of Rawalpindi division from the Ambala-Ludhiana area.

 

Other adjustments required by the territorial changes, which took place in 1949, were also made.

 

appendix ix

 

INSTRUCTIONS FOR REVIEW AND REVISION OF LAND allotment

(a)       Notification No. 8689-S (Reh) dated the 29th August 1951.

 

REHABILITATION DEPARTMENT

 

In exercise of the powers delegated by the Central Government under subsection (1) of the section55 of the Administration of Evacuee Property Act, 1950 (XXXI of 1950) to make rules under clause (1) of subsection (2) of the section 56 of the said Act, the Punjab Government is pleased to make the following rules in substitution for the previous rules and these rules shall be deemed always to have been substituted:

 

1. The Custodian shall be competent to cancel or terminate any lease or allotment or vary the terms of any lease, allotment or agreement and exit the lessee|allottee in any one of the following circumstances:-

 

(a)    that the lease|allotment is contrary to the orders of the Punjab Government or the instructions of the Financial commissioner, Relief and Rehabilitation, or of the custodian, Evacuee Property, Punjab;

 

(b)   that the lessee|allottee has infringed or intends infringing any of the terms of the lease|allotment;

 

(c)    that the lease|allotment was obtained by false declaration or insufficient

      information;

 

(d)   that the area lease|allotted to or occupied by the lessee|allottee is more or less than he was authorized to take on lease|allotment or occupy under the instructions issued by the Punjab Government or the Financial Commissioner, Relief and Rehabilitation, or the custodian, Evacuee Property, Punjab.

 

(e)    that the claims of other parties with respect to the land have been established or accepted by the Custodian or the Rehabilitation Authority;

 

(f)     that the lessee|allottee has been convicted of an offence under the Act;

 

(g)    that the lessee|allottee has failed to take possession of the land within the time allowed by the Custodian or the Rehabilitation Authority or, after having take possession, has failed to cultivate the land or any part thereof;

 

(h)    that it is necessary or expedient to cancel or vary the terms of a lease|allotment for the implementation of resettlement schemes and|or rules framed by the State Government; or for such distribution amongst displaced persons as appears to the Custodian to be equitable and proper; or

 

(i)      that it is necessary or expedient to cancel or vary the terms of a lease|allotment for the preservation or the proper administration, or the management of such properly or in the interests of proper rehabilitation or displaced persons.

 

2. Anything done or any action taken in exercise of any power conferred by the previous rules shall be deemed to have been done or taken under these rule, as if they were in force on the day on which such thing was done or action was taken.

 

 

P.N. THAPAR

Secretary to Government, Punjab,

Relief and Rehabilitation Department.

 

 

 

(B) Revised instruction governing the filling and disposal of applications for review and revision of the quasi-permanent allotment of land and houses in supersession of the instructions issued in August, 1950 and published in Punjab Government Notification No. 10349|S dated the 25th August, 1950 appearing in the Punjab Government gazette dated September 1, 1950.

 

1. These instructions prescribe the procedure and machinery for dealing with applications for review and revision in relation to orders of allotment and leases of evacuee land to displaced persons in East Punjab under Statements of Condition issued with the East Punjab Government Notification Nos. 4891|S and 4892|S dated the 28th July, 1949 or in Pepsu under Notification Nos. 8-R and 9-R dated the 23rd July, 1949 and allotment of houses. In other words, these refer to steps necessary if individual claimants or allottees apply for change after orders have issued. The cardinal principle in dealing with these applications is that they are to be entertained only from allottees and lessees who have taken possession, except in the case of persons to whom no allotment has at all been made or in cases in which a correction of a clerical error is involved, in which no adjustment of the allotted area is required.

 

2. The Custodian, Evacuee Property, Punjab has by virtue of powers conferred on him under section 10 (2) (q) of the Administration of Evacuee Property Ordinance, 1949, delegated his functions in respect of allotment and lease of immovable evacuee property to the following officers:

 

(1)    Financial Commissioner, Relief & Rehabilitation.

(2)    Commissioners of divisions.

(3)    Director General Rehabilitation and Additional Director General Rehabilitation.

(4)    Director Urban Rehabilitation.

(5)    Deputy Commissioners.

(6)    Additional Deputy Commissioners.

(7)    Registrar, Land Claims.

(8)    Assistant Collectors 1st grade.

 

3. Machinery. In the districts, work relating to allotments is in the charge of Deputy commissioners or Additional Deputy Commissioners who are assisted by one or more revenue Assistants. Deputy Commissioners or the Additional Deputy commissioners who are ex-officio Authorised Deputy Custodians have full and Complete responsibility for the disposal of all work relating to the review and revision of orders of allotment and lease of evacuee land under Statements of Conditions issued with the East Punjab Government Notifications Nos. 4891|S and 4892|S dated the 8th July, 1949 and applications concerning claims to land from displaced persons in whose favour allotment have been sanctioned in their districts.

 

For Punjab and Pepsu, a Land Claims Office has been established under a Registrar, Land Claims who is subordinate to the Rehabilitation Department. He maintains the record regarding displaced persons who have submitted claims to the Punjab Government, the jamabandis received from the west Punjab Government and other records relating to resettlement. The financial Commissioner, Rehabilitation who is head of the Rehabilitation Department, Punjab, is assisted on the Rural side by a Director Rehabilitation (Rural).

 

Application from persons to whom orders of allotment or lease have issued lie to the Deputy Commissioner or Additional Deputy commissioner as Authorised Deputy Custodian of the district in which the allotment or lease has been sanctioned. All such applications addressed to the Financial Commissioner or the Director Rehabilitation (Rural) are to be referred to the Deputy Commissioner of the district concerned for report or disposal as may be deemed appropriate. When an application relates to the record, assessment or valuation of a claim, the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian should ascertain from the Registrar, Land claims such facts as may be relevant and then proceed to take the necessary action.

 

Applications for revision or review (a) from displaced sitting allottees will be made to the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian of the district in which the applicant was a temporary allottee and (b) for consolidation of blood relations to the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian of the district in which consolidation of blood relations was originally requested.

 

Applications from persons to whom no allotment has been made or applications for correction of clerical errors with regard to the names of the allottees, their father’s names or caste, in which no adjustments of the allotted area are involved, should be made to the Registrar, Land Claims.

 

Applications from displaced persons to whom orders have issued but who may not be aware of them, if received by the Registrar, Land Claims be referred to the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian concerned.

 

In Pepsu, Assistant Commissioners Rehabilitation are in charge of Rural Rehabilitation work in the districts while a Director, Rural Rehabilitation is responsible for the work of the Union as a whole.

4. Possession as a Prior Condition.  As has been indicated already, the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian of a district will entertain an application for revision or review from a displaced person in whose favour an allotment or lease has been sanctioned in his district only after the latter has taken possession of the land allotted to him. Where, however, the application of this rule is likely to cause great hardship, the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian may in his discretion entertain an application without insisting on prior possession of land. All applications for revision or review should be accompanied by affidavit of the applicant to the effect that possession of the allotted land has been taken, giving reason for not taking possession, and that the facts given in the application are correct to the best knowledge of the applicant.

 

4-A. Presentation of Applications And Exemption From Personal Attendance In The Case Of Serviny Faujis.  An application for revision or review should be presented in person by the applicant or through an authorised agent. Servicemen may be allowed to send their applications through their Commanding Officers.

 

5. Periods of Limitation. As provided in Rule 31 of the Rules framed by the Central Government under section 56 of the Administration of Evacuee Property Act, 1950.

 

6. Power Of General Superintendence and control.  The Financial Commissioner, Relief & Rehabilitation as Custodian may, at any time, either on his own motion or on an application made to him in this behalf call for the record of any proceeding which is pending before, or has been disposed of, by an officer subordinate to him for the purpose of satisfying himself as to the legality or propriety or any orders passed in the said proceeding and may pass such order in relation thereto as he thinks fit.

 

7. Court Fee Stamp. As provided in Rule 32 of the Rules framed under section 56 of the Administration of Evacuee Property Act 1950.

 

8. Categories Of Applications.  Applications relating to allotment and lease of evacuee land fall broadly into six categories:-

 

(A)     Those pertaining to allocation, assessment, valuation of land and rights held in Pakistan by parties, including cases of dispute between parties;

(B)     Those which relate to allocation of area for the purpose of resettlement and to allotment of villages;

(C)     Those which relate to allotment of fields within an allocated village;

(D)     Applications for exchange;

(E)      Application from persons to whom no allotment has been made or in whose case correction of a clerical error is involved, in which no adjustment of allotted area is required; and

(F)      Applications for consolidation of allotment made in different places for want of consolidation of parcha claims of different villages.

 

9. Application Relating to Claims, Category (A).  The following procedure shall be followed in respect of applications relating to the record, assessment and valuation of land and rights held in Pakistan by parties, including cases of dispute between parties:

 

(1) The Deputy Commissioner or Additional Deputy Commissioner as

Authorised Deputy Custodian will pass orders after ascertaining the relevant facts, if necessary, from the Registrar, Land Claims;

 

(2) To the extent that an amendment in a claim has an effect on allotment, the

necessary adjustment will be made by the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian according to the instructions on the subject. But if there is no available evacuee area in the district from within which he can provide additional land according to the amended claim, the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian shall refer for orders to the Director Rehabilitation (Rural) (ex officio Additional Custodian).

 

(3)   Applications for amendment of claims which have been correctly assessed and valued according to jamabandis received from West Punjab, shall not be entertained unless they are supported by authentic documents, such as registered deeds;

 

(4)   Cases or disputes between parties regarding claims to land abandoned in Pakistan shall be heard by the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian who may pass orders after obtaining such information or data as is available from the Registrar, Land Claims.

 

10. Applications Relating To Allocation Of Area And Allotment Of Villages. Category (B). In dealing with applications relating to allocation of area and allotment of villages, the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian while examining the facts in the light of the instruction governing allotments, should consider whether in the allotment made any substantial injustice has occurred. They may reject applications in which they find that substantial injustice has not occurred. Cases in which they consider that substantial injustice has occurred, may be reported by them to the Director Rehabilitation (Rural) (ex officio additional custodian) who will pass orders.

 

11. Applications For The Revision Of Fields, Category (C).  Applications for revision of fields, which may have been allotted in a village, shall lie to the Revenue Assistant of the district or part of the district in which the village is situated as Assistant Custodian.

 

The following, rules dealing with such application have been laid down :-

 

(1)    An application for a complete reallotment of fields in any village shall lie, if supported by not less than one half of the allottees of a village holding not less than two third of the evacuee area of the village. Such an application should carry the signature or thumb-impression of each applicant and should be accompanied by an affidavit by each of the applicants;

 

(2)    An applicant for revision against the orders of a Revenue Assistant (ex officio Assistant Custodian) shall lie to the Deputy Commissioner or Additional Deputy Commissioner as Authorised Custodian whose orders will be final.

 

(3)    In other cases where the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian considers that substantial injustice has occurred in the allotment of field numbers in any village, he may, with the permission of the financial commissioner, Relief & Rehabilitation as Custodian, order reallotment to fields amongst the allottees and lessees. This permission should generally be obtained through the Director Rehabilitation (Rural) (ex officio Additional Custodian).

(4)    If for any village a reallotment of fields has been ordered by the competent

authority, the Revenue Assistant (ex officio Assistant Custodian) may pass orders proposing a new scheme of allotment of fields either in accordance with the wishes of the allottees or in accordance with the principles and procedure of partition cases, whichever may be more feasible. Such reallotment shall be based on the shares of individual allottees and lessees as stated in standard acres.

 

12. Applications For Exchange, Category (D). Displaced persons to whom allotments are made in Punjab can apply for exchange of land allotted to them against other evacuee land in Punjab or Pepsu. The statements of Conditions issued by East Punjab Government with Notifications Nos. 4891|S and 4982|S dated the 8th July, 1949, provide:-

 

“Subject to such conditions as may be specified by him, the Custodian, or as the case may be, the Rehabilitation Authority, may allow the allottee to exchange the whole or any part of the land for other evacuee land in Punjab or with the concurrence of Patiala and East Punjab States Union, in the territories comprised in the Union”.

 

The condition stated above covers (1) cases of exchange between allottees by mutual agreement, and (2) cases of exchange between land allotted to an individual and unallotted land lying at the disposal of the Custodian. Applications falling in the second category will be dealt with on merits. As regards applications in the first category, the following instructions have been laid down.

 

(1)   Applications for mutual exchange within a village shall be addressed to the Tehsildar (ex officio Assistant Custodian) of the tehsil in which the village is situated, and he will pass the necessary orders;

 

(2)   Applications for mutual exchange within a district shall be addressed to the Revenue Assistant (ex officio Assistant Custodian) of the district in which the village is situated and he will pass the orders;

 

(3)   Applications for mutual exchange between two districts of Punjab shall be addressed to the Director Rehabilitation (Rural) (ex officio Additional Custodian) who will pass the necessary orders;

 

(4)   In cases of applications for mutual exchange between a district of East Punjab and a district of Pepsu, the Director Rehabilitation (Rural), Punjab (ex officio additional custodian) and the Director Rural Rehabilitation Pepsu will pass orders after consultation with each other;

 

(5)   Applications for exchange between land allotted to an individual and unallotted land lying at the disposal of the custodian will be addressed to the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian of the district if the villages in which the land is situated lie within the same district and to the Director Rehabilitation (Rural) (ex officio additional Custodian) if the villages are situated in different districts of Punjab. In case the land wanted in exchange lies in a district of Pepsu the application for exchange should in the first instance be made to the Director Rehabilitation (Rural), Punjab (ex officio Additional Custodian) and the Director Rural Rehabilitation Pepsu will pass orders on such cases after consultation with each other.

 

12-A. Applications From Persons To Whom No Allotment Has Been Made Or Application For Correction Of Errors, Category (E). The Registrar Land Claims will pass orders after ascertaining the relevant facts from the record Orders regarding allotment of land to persons, in whose favour no allotments have at all been previously made, will be communicated to the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian of the area of allocation and the orders regarding clerical error will also be communicated to them for correction of relevant resettlement record. But if there is no available evacuee area in the allocation and sub allocation areas concerned for adjustment of any unsatisfied claims, the Registrar, Land Claims shall refer for orders to the Director Rehabilitation (Rural) (ex officio Additional Custodian).

 

12-B. Applications For Consolidation Of Allotment, Category (F).  Applications for consolidation of allotments made to an allottee in different districts of Punjab or in Punjab and Pepsu without consolidation of parcha claims for different villages may be made to the director Rehabilitation (Rural) Punjab, Jullundur (ex officio Additional Custodian).

 

Application for consolidation of allotments made to allottee in different villages in the same district without the consolidation of parcha claims for different villages will be made to the Deputy Commissioner or Additional Deputy Commissioner as Authorised Deputy Custodian of the district.

 

13. Resumption Of Land.  Circumstances in which the leases and allotments may be cancelled or terminated or the terms of any lease or agreement varied are given as follows:-

 

The Custodian shall be competent to cancel or terminate any leases or allotment or vary the terms of any lease, allotment or agreement and evict the lease|allottee in any one of the following circumstances:-

(a)    that the lease|allotment  is contrary to the orders of the Punjab Government or the instructions of the Financial Commissioner, Relief and Rehabilitation or of the Custodian, Evacuee Property, Punjab;

(b)   that the lessee|allottee has infringed or intends infringing any of the terms of the lease|allotment;

(c)    that the lease|allotment was obtained by false declaration or insufficient information;

(d)   that the area leased|allotted to or occupied by the lessee|allottee is more or less than he was authorised to take on lease|allotment or occupy under the instructions issued by the Punjab government of the Financial Commissioner Relief & Rehabilitation or the Custodian, Evacuee Property, Punjab;

(e)    that the claims of other parties with respect to the land have been established or accepted by the Custodian to the Rehabilitation Authority;

(f)     that lessee|allottee has been convicted of an offence under the Act;

(g)    that the lessee|allottee has failed to take possession of the land within the time allowed by the custodian or the Rehabilitation Authority or, after having taken possession, has failed to cultivate the land or any part thereof;

(h)    that it is necessary or expedient to cancel or vary the terms of a lease|allotment for the implementation of resettlement schemes and|or rules framed by the State Government; or for such distribution amongst displaced persons as appears to the custodian to be equitable and proper; or

(i)      that it is necessary or expedient to cancel or vary the terms of a lease|allotment for the preservation, or the proper administration, or the management of such property or in the interests of proper rehabilitation of displaced persons.

 

So far as conditions (a) to (h) are concerned, the Deputy Commissioner or the Additional Deputy Commissioner as Deputy Custodian Authorised of a district, should take such action to remove the abuse as may be called for at any time. But in regard to cases falling only under clause (i), he should, before taking action, obtain the previous approval of the Custodian.

 

14. Allotment Of Houses In Rural Area. Revision from the orders of Revenue Officers (ex officio Assistant Custodians) in respect of allotment of evacuee houses in rural area will lie to the Authorised Deputy Custodian of the district.

 

 

P.N. THAPAR

Custodian and Secretary to government Punjab,

Relief & Rehabilitation Department.