Statement of conditions for sale of “Wanda Sarkar” COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912
Statement of conditions for sale of “Wanda Sarkar” COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912 Colonization of Government Lands (Punjab) Act, 1912, is a historical piece of legislation that pertains to the colonization and settlement of government-owned lands in the Punjab region of British India, which now forms part of present-day Pakistan. This act was enacted during the British colonial era and aimed to provide a legal framework for the allocation and development of government-owned lands. [Gazette of Punjab, Part I, 8th January, 2003] No. 3740-2001/2133-CL.II, dated 1-11-2002.— In exercise of the powers conferred upon him under subsection (2) of section 10 of the Colonization of Government Lands (Punjab) Act, 1912 (V of 1912) the governor of the Punjab is pleased to issue the following Statement of conditions for sale of “Wanda Sarkar” in the State land leased out under the schemes for cultivation and reclamation of land issued vied government of the Punjab, Development (Revenue) Department Notification No. 4545-C, dated 12th December, 1945 and No. 4569-C, dated 20th September, 1946 to the lessees/their legal heirs of sub-tenants in Districts Multan, Sahiwal, Jhang, Faisalabad, Muzaffargarh, Khanewal, Vehari, Pakpattan, Okara, Lodhran, Toba Tek Singh and Layyah. General.—(i) The Government is prepared to sell the “Wanda Sarkar” in the state land to those lessee/their legal heirs or sub-tenants who have been cultivating it under the schemes for cultivation and reclamation of land issued vide Government of the Punjab, Development (Revenue) Department Notifications No. 4545-C, dated 12th December, 1945 and No. 4649-C, dated 20the December, 1946 subject to the conditions mentioned herein; provided that no lessee/his legal heirs or sub-tenant shall be entitled as of right to purchase the land and the Board of Revenue, Punjab retains its absolute discretion in the grant/sale of land. (ii) All grants/Sales under these conditions shall be subject to the provisions of the Act and also to— The General colony Conditions of 1938 published vide Punjab government Notification No. 5792-C, date 29th June, 1938 and Notification No. 2664-C, dated 22nd September, 1944, as amended from time to time; The Statement of Conditions as appearing hereinafter; and Such instructions as may be issued subsequently by the Government for carrying out the purpose of this notification. Definitions.—For the purpose of this Statement of Conditions, Act, 1912 (v of 1912); (a) “Act” means the Colonization of government Lands (Punjab) Act, 1912 (V of 1912); (b) “Board of Revenue” means the Board of Revenue, Punjab; (c) “Collector” means District officer (Revenue) of the District concerned; (d) “family” means the lessee, his parents, unmarried children, husband and wife/wives; (e) “government” means the government of the Punjab in the Colonies Department; (f) “grant” includes any grant by sale made in respect of any land to which these conditions have been applied; (g) “grantee” means a person to whom the land has been granted under this Statement of Conditions and includes the successors-in-interest and the permitted assignees of the grantee but shall not include any holder of power of attorney on behalf of such grantee; (h) “lessee” means a person holding state land under the schemes for cultivation and reclamation of land issued vide Government of the Punjab, Development (Revenue) Department Notifications No. 4545-C, dated 12th December, 1945 and No. 4569-C, dated 20the September, 1946 and shall be deemed to include the successors and assignees of the lessee but shall not include any holder of power of attorney on behalf of such lessee; (i) “sub-tenant” means a person to whom the land was sub-let by the original lessee and has been recorded as such in the Revenue Record but shall not include a subsequent purchaser or any holder of power of attorney on behalf of such sub-tenant; (j) “Wanda Sarkar” means the share of government in the State land within the meanings of clause 7(b) of the schemes for cultivation and reclamation of land issued vide government of the Punjab, Development (Revenue) Department Notifications No. 4545-C, dated 12th December, 1945 and No. 4569-C, dated 20th September, 1946. Exceptions and Reservations. – Unless it is otherwise specifically provided, the following categories of state land shall be deemed to have been expressly excluded from every grant to be made under these conditions; (a) lands already reserved/allotted under permanent grants/schemes; (b) reserved charagah or charagah Baqaya in Colony Chaks; (c) lands lying inside Municipal limits as existed on 13th august, 2001 and within prohibited zone which shall be up to— (i) ten miles beyond the outer existing limits of a Metropolitan/Municipal Corporation; (ii) five miles beyond the outer existing limits of a Municipal Committee; and (iii) three miles beyond the outer existing limits of a Town Committee/Mandi Town; (d) in case of cantonment board contiguous to a local council, the limits of prohibited zone shall tally with the limits prescribed for the local council to which it is adjacent; (e) lands transferred to other departments of the Punjab government/Federal Government; and (i) all rivers and streams with their beds and banks; (ii) all water courses and drains/channels; and (iii) all public thoroughfares existing thereon or shown as proposed for construction on a plan. Eligibility.— No person shall be eligible to purchase the ‘Wanda Sarkar’ under these conditions unless– (a) he or his predecessor-in-interest has been a regular lessee of Colonies Department holding lease of State Land under the schemes for cultivation and reclamation of land issued vide Government of the Punjab, Development, 1945 and No. 4569-C, dated 20th September, 1946 or sub-tenant under such lessee (lands mentioned in Condition No. 3 being excluded); (b) he has been in cultivating possession of the ‘Wanda Sarkar’; (c) he has paid all government dues including rent of the land, which shall be worked out by District Collector on the basis of rent, paid for the adjoining lands of the same category situated in the same Revenue Estate; Provided that in case the applicant desires to deposit the dues in instalments, he may be allowed to deposit the same as per schedule