118. The terms of disposal
- (Paragraph
828-830 of the Indian Railway Code)-The terms on which railway land may
be disposed of will, in the case of a State Government, be subject to the
following conditions :-
(1)
The
Central Government themselves will be the judges of whether they require to retain any particular land or
not;
(2)
If the
State Government desire to assume possession of the land, the option to do so
should be exercised within six months of the date on which the Central
Government signify their intention of surrendering the land;
(3)
The
amount payable for the land will in all cases be its market value at the date
of transfer ; and
(4)
When
the State Government desire to assume possession of only a portion of the land
surrendered they shall be entitled to
do so only if the value of the land is not materially reduced by the division.
In the case of disposal of land to
another railway or department of the Central Government, the amount payable
will be the market value of the land and buildings thereon. In all other cases land will be disposed of
at the highest offer which is considered reasonable.
In
all cases of disposals of land mentioned above, conditions or restrictions of
uses agreed upon by both parties may be embodied in the transfer of sale
deeds. Where the estimated value of the
land exceeds Rs. 1 lakh, a prior preference should be made to the Railway
Board.
118-A. Refund of
capitalized value of Land Revenue – (Paragraph 831 of the Indian Railway Code) - In case where railway land is transferred to a
State Government and where the capitalized value of the land revenue had been
paid to the State Government on acquisition, the amount payable by the State
Government for the land should include the refund of the capitalized value. In
the case of land disposed of to private parties the refund of the capitalized
value of land revenue by the State Government will not, however, be necessary.
118-B. Paragraph 832 of the Indian Railway Code - The proceeds of all railway lands
disposed of less any charges properly incurred in their disposal, will be
credited as follows :-
(a)
When
the land was provided free of cost by the Government of India to Head
XVI-Subsidised Companies.
(b)
In all
other cases, to the Capital account of the Railway. As in the case of acquisition, a State Government may be
reimbursed the cost of special establishment employed in connection with
disposal proceedings.
119. Paragraph 833 of the Indian Railway Code- As in acquisition, the process of
disposal is not completed until possession of the land is made over (and in no
circumstances should this be done until the terms of sale or transfer have been settled), and until sale or transfer is complete all rights in the land
continue to vest in the Central Government, Ministry of Railway. After sale or transfer is complete, the
railway boundary marks, land plans, etc., should be adjusted accordingly.
120. Paragraph 640 of the Indian Railway Code - To enable the revenue authorities to
take action for the acquisition of land required for railway purposes, it is
necessary* that proper plans should be made for reference by all
concerned. The scale for these land
plans should under ordinary circumstances be 400 feet to 1 inch; but where this
would not admit of sufficient detail being shown with clearness, the scale
should be 100 feet to 1 inch. A scale
of 50 feet to an inch may, however, be used in special cases for congested
areas in large towns.
Note:- (a) This rule may be waived when the land to be acquired forms an
addition to that already previously acquired.
In such cases the plans showing
additions may be drawn to the same scale as the original Plans.
(b) In cases where the existing
Revenue maps are not on smaller scale that 400 feet to an inch they may with
the consent of the State Government, be used for the preparation of land plans,
where, however, the State Governments have prescribed separate scales of plans
and sections in respect of acquisition of land for railway projects, such
scales should be adopted.
*See Land Acquisition Act, 1894,
Sections 6 and 8.
122. Paragraph 641 of the Indian Railway Code - The data for the preparation of the land plans should generally be obtained during the progress of the Survey for the location of the line, and the general instructions for the preparation of plans to accompany a project for a railway should be held to apply also to plans required for the acquisition of the land necessary for the constructions of the railway. The land plans should also give the additional information required under para 123 infra.
123. Paragraphs 642-650 of the Indian Railway
Code - In the case
of a railway to be constructed by Government or by a Company under the terms of
whose contract land is divided into two classes, “permanent” and “temporary”
the plans made out for the first acquisition of the land should show the outer
boundary line and all land, for whatever purpose it may be required, should be
taken up as for permanent occupation.
This land should be distinguished on the land plans by being coloured
pink.
N.B. This
rule applies only to the copies of the plans made for the Revenue Authorities
for use on the acquisition of the land, and is not intended to prevent
Engineers from marking on their office copies the intended disposition of the
land as “permanent” and “temporary” or any other information which may be found
convenient for use during constructions, for the purpose of the estimate.
As
early as practicable, after the line is opened and after it is known
definitely, what land can conveniently be spared and disposed of, the original
plans should be corrected (or fresh plans made) to show the boundaries of the
land required for permanent occupation “permanent land”, and also those of the
land to be disposed of ‘temporary land’.
On these land plans, the two classes of land are to be distinguished by
colour as follows :-
Permanent land ... Pink
Temporary land ... Yellow
In
the case of railway constructed by a Company, by the terms of whose contract
(or other arrangement with Government) land has to be taken up under special
classes A, B, C & D as defined in
paragraph 95 supra or under other
conditions of a like nature, the plans made out for the first acquisition of
the land for use of the revenue authorities should show the outer boundary line
and all land irrespective of the purpose for which required, will be taken up
as for permanent occupation. This land
should be distinguished in the land plans by being coloured pink. The plans retained by the railway
authorities, however, will show clearly the boundaries of the land to be taken
up under each of these classes.
As
early as practicable, after the line is opened, the original plans should be corrected (or fresh plans made), to show the
disposition of the land as determined after the work of construction is
completed. On these land plans, the
four classes of land should be distinguished by colour as follows :-
Class “A” land .. Pink
Class “B” land .. Yellow
Class “C” land .. Purple
Class “D” land .. Green
Detached
portions of land should be referred to fixed point on one of the main sheets
with distances and compass or other bearings, or such references to the
published maps of the neighbourhood as will ensure a ready indentification of
the land. A corresponding entry should
in each case be made on the nearest main sheet to draw attention to the
detached plot.
On
all land plans, the position of the boundary of each class of land should be determined by dimensions written on
the plan; these dimensions should be sufficiently complete to enable such
boundaries being, at any time, readily as certained or verified.
The
name of villages to which the land belongs should in each case, be written on
the plan alongside of the line indicating the village boundary. If the boundary line crosses the railway
line, the names should be repeated on the other side of the railway line, and
the chainage of the crossing point noted.
When
boundary marks have been erected for the demarcation of railway land, the
position and corresponding number of every detached mark should be inserted in
the land plans.
The
plans should in short be full and complete and should show all existing roads
and buildings; and when the latter are known to be used for public purposes or
by special departments, their purposes
and ownership should be stated.
124. Paragraph 651 of the Indian Railway Code - The land plans should be made up in
sets for continuous portions of land, each set being complete for a revenue
district or charge of a Collector or
Deputy Commissioner. On each end sheet
(first and last) of every set of land plans, a sufficient portion of the
continuation sheet of the next set should be repeated, to enable the two sheets
to be connected or traced together, if required. For each set of land plans the sheets should be numbered
consecutively throughout, and the name of the revenue district to which the set
relates, is to be marked conspicuously on each sheet.
125. Paragraph 682 of the Indian Railway Code - The schedules showing details of the
land acquired may be drawn up in the forms numbered 1 to 3 in Appendix IV of
the Indian Railway Code for Engineering Department, but these are not
prescribed as standard forms for adoption on all railways, as it is recognized
that land tenures vary in different parts of India and that each State
Government or Administration may desire land schedules to be prepared in a form
and with particulars to suit local conditions and local land revenue
procedure. Railway Administrations,
should, therefore, prepare the land schedules in the forms that may be required
by each State Government or Administration.
126. Paragraph 653 of the Indian Railway Code - The minimum number of sets of land
plans and schedules required is two-one for the revenue authorities and one for
the railway. Each set of land plans and
schedules should be signed by the officer immediately responsible for its
preparation, and by the Chief Engineer or Engineer-in-Chief of the
railway. In the case of land required
for a line already opened, the General Manager should also countersign the
plans and schedules before sending them on.
(g) ADJUSTMENT OF CHARGES, ESTABLISHMENT AND CAPITALISED ABATEMENT
OF LAND REVENUE
128. Incidence of cost of land taken up at the
cost of a Railway Paragraph- 656 of the Indian Railway Code - Unless otherwise provided for under the terms of its contract, the cost
of all land taken up permanently for a railway which is not entitled to receive
land free of cost, is debitable to the capital account of the line irrespective
of the amount involved or whether required for capital or revenue works. In the
case of railways worked by the Government, land required for the manufacture of
materials as also for the acquisition of materials by quarrying, mining, boring
or operations and payments for royalty, mining rights etc. connected with the
same should not be included in land estimates, but may be dealt with as part of
the cost of manufacturing operations, or if more convenient, charged off
finally to the work concerned. In the
case of other railways such charges are included or excluded according to the
terms of the contracts. The
compensation payable, for land acquired temporarily under section 35 of the
Land Acquisition Act I of 1894, will be
chargeable to work or purpose concerned.
Cost of land, which is supplied free
to a railway Company by Government, prior to purchase and is booked under the
head “15—C—Subsidized Companies’ Land” shall not be brought on to the Capital
account of the line after purchase but merely noted at the foot of the Capital
Statement (Form A 1210).
129. Incidence of cost of the land taken up for
railways entitled to receive land free of cost - Paragraph 657 of the Indian Railway
Code- In the case of Railway constructed
by a company or other body, under the terms of whose contract (or other
arrangement with Government) land is granted free of cost by Government the
cost of all land will be borne by Government and charged to the head
“15—C—Subsidized Companies’ Land”. Where land is taken up under classes A, B,
C, & D as defined in paragraph 95 supra, or under other condition of a like
nature, Class C land will be acquired by Government at the cost of the railway
concerned.
130. Legal procedure -Paragraph 751 of the Indian Railway
Code -When a point of law is at issue in
connection with any land acquisition proceedings, the State Government or
Administration should be consulted before legal proceedings are entered upon.
131.A Misalband Register - A misalband register of cases under
the Land Acquisition Act shall be kept
up in the following form by the sadar wasil baqi nawis or other ahlmed (clerk)
specially entrusted with the work. Each
case shall be entered in this register as soon as it is instituted with a
series of numbers for each year : -
|
Serial No. |
Number of English office connected file |
Date of institution |
Village and tehsil |
No. and date of notification |
Area |
Purpose of Acquisition |
Date of dispatch of file |
Officer to whom sent and purpose |
Date of final order |
Name of deciding officer |
Abstract of order |
Date of sending file to record room with initials of record keeper |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cases of release from occupation and other miscellaneous cases shall be entered in a register in Form XIII laid down in para 3 of Standing Order No.55.
132. Register
of decided cases - As soon as any case in which land is acquired, whether
by a special officer or not is decided by the acquiring officer, it shall be
sent to the sadar wasil baqi nawis and be entered by him in a register in the
following form:-
Compensation awarded Area
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
No. |
Tehsil |
Village |
No. and date of notification |
Name of office acquiring |
Date of order |
Purpose of acquisition |
Abatement of assessment |
For land under assessment(excluding 15 per cent) |
Total for all objects (including 15 per cent |
Interest on award section 34 of the Act |
Cost of proceedings in civil court section 22 |
Roads |
Canals |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total cost of Acquisition
|
|
|
|
|
|
|
|
|
|
|
|
|
A |
B |
Companies railways (Note class) |
Buildings and Miscellaneous |
Roads |
Canals |
A |
B |
Companies railways (Note class) |
Buildings and Miscellaneous |
Original estimates |
|
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
|
|
|
|
|
|
|
|
|
|
|
|
Where
a case is taken to the civil court the final decision will be communicated to
the sadr wasil baqi nawis who will amend the previous entries accordingly.
133. Register
showing land restored - As soon as any case in which land is restored is finally decided it shall be entered by the sadr wasil baqi
nawis or other ahlmad (clerk) in a
register in the following form:-
|
No. |
Department restoring |
Tehsil |
Village |
Area restored |
Amount recovered |
Increase to assess-ment |
Date of decision |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|
|
|
|
|
|
|
134. Extracts
to be forwarded to offices concerned - The above register shall be totalled on
September 30th for the past year, providing material for the land
revenue report statement No. XVII.
Complete abstracts in the case of land taken up for and restored by
railway during the past financial year shall be forwarded in the case of the
Northern Railway to the Engineer-in-Chief, Northern Railway, and in the case of
land taken up for the Canal Department to the Divisional Canal Officer, as soon
as possible after March 31st in each year.
135. Standard
English & bilingual forms - The following English and bilingual forms
have been standardized in the office of the Financial Commissioner, and are
obtainable on indent from the Controller Printing and Stationary, Punjab,
Chandigarh, Form-L-A, 1,3,4,8,11 and 12 are also obtainable in the regional
language.
|
Office |
Reference No. |
Paragraph of Standing Order |
Subject |
|
Financial Commissioner Ditto Ditto Ditto DittoDitto DittoDitto Ditto DittoDitto Ditto Ditto Ditto Ditto Ditto Ditto |
L.A.-1 L.A.-2 L.A.-3 L.A.-4 L.A.-5 L.A.-6 L.A.-7 L.A.-8 L.A.-9 L.A.-10 L.A.-11 L.A.-12 L.A.-13 L.A.-14 L.A.-15 L.A.16 L.A.-17 |
17 26 30 35 36 36 55 56 73 73 79 89 78 75 75 78 75 |
Notification under section 4 Statement of payment in acquisition by private negotiation Notification under section 6 Notice to persons interested Guide to value of land , form (i) (bilingual) Guide to value of land, form(ii) (bilingual) Awards statement (bilingual) Notice under section 12(2) and 31(1) Form A. Statement showing compensation Form AA. Statement showing acceptanceStatement of reduction of revenue Statement of addition to rent rolls Form B. Statement of compensation awarded Form C. Voucher for direct payment Form CC. Consolidated voucher Form D. Voucher for payment into Civil CourtsForm E. Statement accompanying payment into deposits |
(PARAGRAPH 24)
Model form of sale deed to be executed when land is acquired for public purposes by private negotiations.
INDENTURE
made this_______________day of________20____ between (hereinafter together with
their heirs, successors and assignees where the context so requires called the
vendors) for the one part and the Government of Punjab (hereinafter called the
purchaser) of the other part
WHEREAS the vendors are the absolute
owners of the property hereinafter mentioned and hereby conveyed in the
following shares i.e. to any Son
of_________________________Shares_____________________
AND
WHEREAS the land required by the Government for a public purpose-vide
notification No._________________, dated___________, and it has been agreed
that proceedings under the Land Acquisition Act, would cause unnecessary
expense, inconvenience and hardship to
the vendors and that sale by private negotiation is in the interest and for the
benefit of the vendors who have agreed to the absolute sale accordingly to the
purchaser for the sum of Rs.__________.
Recitals of special conditions, if
any: Now these Present Witness that in pursuance
of the above agreement and in consideration of the sum of Rs.________paid by
the purchaser to the vendor _______day of______________20____(the receipt
whereof the vendors do hereby acknowledge) the vendors do hereby as beneficial
honour grant, shall convey and assign unto the purchaser ALL that piece or
parcel of land situated at measuring and entered as Khewat No.______Khatauni__________________Khasra__________________of
the Jamabandi of_________________________in the tehsil
of______________________district and more particularly described or delineated
in the map or plan hereto annexed together with all trees, plants, liberties,
privileges, easements and appurtenances whatsoever to the same, belonging or in
any wise appertaining and all the estate, right , title, interest, claim and
demand of the vendors in and to the same and every part thereof TO HAVE AND TO HOLD
the same unto and to the absolute use and benefit of the purchaser and his
successors and assigns in full proprietary right free from all encumbrances FOR
EVER.
AND
the vendors do hereby covenant with the purchaser that they now have good
right, title and power to sell and convey the same to the purchaser in manner
aforesaid free from encumbrance and that the purchaser may at all times
hereafter peaceably and quietly possess and enjoy the same without any
interruption claim or demand from or by the vendors or any person or persons
lawfully or equitably claiming for or of any of them AND that special
conditions the vendors shall whenever reasonably so required execute and do any
such further act assurance or thing as may be deemed necessary by the purchaser
IN WITNESS WHEREOF, etc. etc.
Note:- By virtue of section 29(c)
read with proviso of section 3 of the Indian Stamp Act, no stamp is needed on
this document.
(See
note under paragraph
2-XI)
Government of India, Finance
Department, letter No.D/2091-A, dated Shimla, the 5th August, 1929
is reproduced below :-
Subject: Notes on land transfer
rules.
I
am directed to refer to the Government of India, Finance Department, resolution
No.D/3428-A, dated the 10th December, 1925, prescribing the rules
regulating the transfer of State lands and buildings between the Government of
India and the local Government of any Governor’s province. Orders have been issued from time to time
regarding the interpretation of these rules and the Government of India have
for some time felt the desirability of bringing together all such orders for
the purpose of convenient reference.
They have accordingly prepared a complete list of interpretations so far
issued and have put them in the form of a set of “Notes on Land Transferred
Rules”. I am to enclose a copy of these
notes for your information.
Notes
on Land Transferred Rules promulgated with the Finance Department.
Resolution No.D/3428-A,
dated the 10th December, 1925.
Preamble:--(1)All the rules in this
resolution are applicable to lands as well as to buildings and have effect from
the 19th November, 1925, the date of the Secretary of State’s
dispatch on the subject.
(2) Adjustments
between railway administrations and local Governments in the case of land
transferred prior to 19th November, 1925, should be governed by the
old rules then in force. The new rules
will, however, be applicable to those cases in which though the transfers were
effected prior to 19th November, 1925 the settlement of the
pecuniary terms of the transfer has been deliberately kept in abeyance with a
view to its determination under these rules.
Rule 2 (a):- The Government of India, and not the local
Government should be regarded as having been in occupation on the 1st
April, 1921, of any property used on that date for the discharge by a local
Government of its functions as agents of the Government of India administering
central subject.
Rules 5 and 6:- ‘Market Value’ means the
market value on the date of transfer to the local Government and includes the
capitalized value of the land at the time of its acquisition for the Central
Government.
Rule 7.(1) The principles laid down in the
resolution of the Government of India in the Department of Revenue Agriculture,
No.13-44-13, dated the 30th October, 1896, may be observed in making
recommendations to the Government of India for the disposal of land under this
rule.
(2) Land
sold by the Central Government to third parties becomes subject to the
provisions of the provincial land revenue enactment except in certain cases
where the capitalized value of land revenue has been paid to the local
Government. In the latter class or cases, the Central Government is entitled to
dispose of the land as a revenue free holding if the local Government does not
repay the capitalized value of land revenue.
(See also notes under rule 8)
Rule.8. (1) The capitalized value of land revenue
assessable on the land should be included in the payment to be made to a local
Government for land required under this rule only in cases where the transfer
of the land to the Government of India causes actual loss of land revenue to
the local Government. Where lands are at
the disposal of a local Government and the latter does not derive any land
revenue therefrom, it can have no claim in equity to compensation for a loss
which does not arise.
(2) A
local Government cannot charge land revenue on land transferred to the
Government of India as land which vests in the Crown and is at the disposal of
the Government of India and cannot constitutionally be treated as liable to
land revenue the ultimate reason being that the local Government could only
effect recovery in the name of the Secretary of State in Council while recovery
could only be effected from the Government of India under the same name.
(3) In
cases where rights in the land required by the Government of India vest in part
in a local Government and in part in private party, the expression ‘costs of
acquisition’ means the market value of the land plus the outlay incurred by the
local Government in the land acquisition proceedings minus the market value of
the rights extinguished by the land acquisition proceedings.
(4) Although
the acquisition of land by a Provincial Government on behalf of the Central
Government is function appertaining to the provincial subject of ‘land
acquisition’ and cannot be treated as an agency function, a Provincial
Government may be reimbursed the cost of any special establishment employed on
the work connected with such acquisition.
(5) All
waste lands not in the occupation of the Government of India in respect of
which there are no rights adverse to the Crown may be regarded as being in the
immediate occupation of a local Government.
(PARAGRAPH 6-E)
Model
form of transfer of land for public purposes without payment to be executed by
owners on condition that the lands be restored to the owners when no longer
required by Government.
This
agreement made this_____________day
of___________20_________between_________________________________________________________________________________________________________________
(hereinafter together with heirs,
successors and assignees, where the contest so requires, called the owners) of
the one part and the Governor of Punjab (hereinafter referred to as Government)
of the other part.
Whereas
the owners are the absolute owners of the property hereinafter referred to and
hereby transferred in the following shares that is to say:-
Son
of___________________________________, share
Son
of___________________________________, share
Son
of____________________________________,share
Son
of____________________________________, share
And
whereas the land is required by Government for a public purpose, viz., for
heads or channels of inundation canals and WHEREAS
it has been agreed that the said transfer without payment is for the mutual
benefit of parties.
NOW
THESE PRESENT WITNESS
that in pursuance of the said agreement the owners do hereby as
beneficial owners grant convey and assign into Government.
All the land or lands situate as___________measuring _____________and entered as Khewat No.________________Khatauni_______________Khasra___________of the jamabandi of the _________________in the_______________tehsil of___________district and more particularly described or delineated in the map or plan hereto annexed together with all trees, plants, liberties, privileges, easements and appurtenances whatsoever to the same, belonging or in anywise appertaining hereto and all the right, title and interest of the owners in and to the same.
TO
HAVE AND TO
HOLD the same unto and to
the absolute use and benefit of Government subject to this condition that when
the land transferred is no longer required for the purpose mentioned above it
shall be restored to the owners in its former condition and proper deed
executed AND it is mutually agreed
that the decision of____as regards whether the land is wholly
or in part required for the said
purposes shall be final and binding on the parties AND that stamp duty, if any, on this Instrument
shall be borne by Government.
AND
the owners shall whenever reasonably so required do any further act
assurance or thing that may be deemed necessary by Government.
In WITNESS WHEREOF, etc. etc.
SCHEDULE FOR PROCEEDINGS OF LAND
ACQUISITION UNDER THE LAND ACQUISITION ACT, 1894
Pert Chart for ordinary cases
Deleted
TIME TABLE FOR PROCEEDINGS OF LAND ACQUISITION UNDER THE LAND ACQUISITION ACT 1894
Pert Chart for Emergent Cases Under Section 1