(iii)
Transfer of land for public purposes
C Transfer
of Salt Dept lands for the various public purposes
The Govt have approved
internal policy guidelines for transfer of Salt Dept lands to the Central /
State Government departments and its agencies for various public purposes. The
detailed guidelines are at Annexure –
C.
Annexure - C
F.
No. 04011/10/2010-Salt
Government
of
India
Ministry
of Commerce & Industry
Department
of Industrial Policy and Promotion
Dated
24th January, 2012
INTERNAL POLICY GUIDELINES FOR TRANSFER OF SALT PAN
LAND OWNED BY THE GOVT OF INDIA THROUGH THE OFFICE OF THE SALT COMMISSINOER, AT
PLACES OTHER THAN MUMBAI AND ITS SUBURBS, FOR PUBLIC PURPOSES.
The Department of
Industrial Policy and Promotion (DIPP) has been receiving requests fro Central
Government Ministries / Departments, State Governments, Central & State
Public Sector Enterprises for transfer of land owned by the Govt
of India through the office of the Salt Commissioner, at places other than
Mumbai and its suburbs, for public purposes.
2. Following Internal Policy
Guidelines are bing issued
to deal with such requests:
2 (i) Land
used for salt production and related activities, as a rule, shall not be
transferred to any agency.
(DIPP will take a decision
in the matter based on the inputs from the Salt Commissioner regarding the use
of land for salt production and related activities).
2 (ii) Notwithstanding
(i) above, land under active salt production shall be
considered for transfer for public purposes only in exceptional cases as
determined by DIPP. The transfer shall
be in exchange for alternative land of equivalent value suitable for salt
production, falling which, on payment of market value.
2 (iii) Land declared surplus to
the requirement of the Ofice of the Salt Commissioner
shall alone be considered for transfer for public purposes in accordance with
Rules 278 and 279 of the General Financial Rules (GFR), under intimation to the
Ministry of Urban Development.
(Declaration of land
surplus to the requirement of the Office of the Salt Commissioner will be done by DIPP
based on a report from the Salt Commissioner on the economic viability of salt
production).
2 (iv) Land surplus to the requirement of the Office of the Salt
Commissioner shall be offered first to other Central Government
Departments, next to Central Public
Sector Enterprises, failing which the Government of the State in which the land
is situated and lastly to the State Public Sector Enterprises.
2 (v) The
transfer of alnd will be on freehold basis.
2 (vi) There
shall be no transfer of land to private sector agencies.
2 (vii) While
considering requests for transfer of land, due consideration will be given to
environment related issues and related restrictions.
2 (viii) Request for transfer of
land shall be made to DIPP, in the prescribed format (copy enclosed).
2 (ix) Inter-se priority
shall be fixed by DIPP in case of multiple requests for the same land,
depending on the nature of public purpose.
2 (x) On the direction of DIPP,
the Salt Commissioner shall examine, as far as possible, within 60 days, all such requests taking into account the
impact of such transfer on salt production, the requirement of the said land
for salt manufacture in future and the availability of saline land for
exchange, if required.
2 (xi) The
actual extent of land to be transferred shall be worked out by the Office of
the Salt Commissioner, in consultation with the transferee agency. If required
assistance of state government revenue officials for proper survey of land and
demarcation by fixing of survey stones would be sought.
2 (xii) For land under active salt
cultivation and under consideration for transfer, the transferee agency shall
pay compensation to the lessees, if any, for extinguishing the lease hold
rights and meet the cost of rehabilitation of the salt workers.
2 (xiii) Any legal case arising out
of land transfer proposal in regard to compensation to be paid to the lessees,
etc. or any other matter shall be taken care of and defended by the transferee
agency at its own cost.
2 (xiv) A token value of Re.1 (Rupee
One) will be charged for transferring
land to Central Government Departments as per Rule 279 (2) of the General
Financial Rules after obtaining the approval of the Minister in charge of DIPP.
2 (xv) In respect of cases, pertaining to central public sector
enterprises, state governments and their enterprises, market value will be
charged for theland, as defined in paragraph 2 of
Appendix 11 of the General Financial Rules, 2005.
2 (xvi) The
market value fo the land and its transfer shall be
approve by the Minister in charge of DIPP.
2 (xvii) Govt of India /
DIPP shall retain the right to resume / reclaim ownership of the land transferred, as long as the land is vacant or
not used for the purposes for which it was transferred, on payment of suitable
compensation. If the land is required by a central
public sector enterprise and stands allotted, then it will be resumed on
payment of the cost of allotment and proportionate development.
3. A Flow-chart indicating
the procedure to be followed
for fixing the market value of land is enclosed.
4. The above Internal Policy
Guidelines will be treated as general delegation required under Rule 28 of GFR
2005 for transfer of land, etc. Whenever
any general policy is framed by the Government, these guidelines shall be suitably
reviewed / modified
to make them consistent with general policy.
Format
Application for transfer of land
|
1
|
Name of the organization and address
|
|
|
2
|
Status of organization
(a)
Central Government
(b)
Central Government Undertaking /
Enterprise
(c)
Autonomous body of Central Government
(d)
State Government
(e)
State Government Undertaking /
Enterprise
(f)
Autonomous body of State Government
(g)
Private institution / body
(h)
Any other to be indicated
|
|
|
3
|
Extent of land required for transfer
(a)
Area in acre / hectare
(b)
Survey number
(c)
Name of village / taluka /
district
(d)
Sketch / site plan with boundaries
|
|
|
4
|
Whether the required land is used for salt manufacture or declared
surplus to the requirement of department.
|
|
|
5.
|
If declared surplus, authority and the reference number of DIPP / Salt
Commissioner.
|
|
|
6.
|
Purpose for which the land is required and its national / regional
importance.
|
|
|
7.
|
Details of project indicating whether it is a permitted activity under
(a)
CRZ
(b)
Master plan of the State Govt /
local authority etc.
|
|
|
8
|
Efforts made to obtain the land from State Government / private parties.
|
|
|
9.
|
Undertaking to pay market value fixed by DIPP payment of compensation to
the salt lessee / manufacturer and cost of rehabilitation of salt workers and
right of DIPP to reclaim / resume ownership of the land on payment of
suitable compensation.
|
|
|
10
|
Undertaking to defend court / legal cases if any, arising out of
transfer of land.
|
|
|
11
|
Recommendations of the competent authority of Ministry / Department of
Central / State Government
|
|