The
Punjab Village Common Lands Regulation
Act 1961
Punjab Act No. 18 of 1961
Received the assent of the
President of India on 22nd April, 1961 and was first published in
Punjab Gazettee (Extraordinary) Legislative Part -I, dated 4th May,
1961. Vaisakha 14, 1883 Saka.
An act to consolidate and amend the
law regulating the rights in shamilat deh and abadi deh.
Be it enacted by the State of Punjab
in the twelfth year of the Republic of India as follows:
1.
Short title Extent and Commencement:-
(1) This act may be called the Village Common
Lands (Regulation) Act, 1961.
(2) It
extends the whole State of Punjab.
(3) It
shall come into force at once.
2
Definition- In this Act, unless the context otherwise
requires.
1[1(a) “Collector”
means the collector of district and includes any officer appointed by the State
Government for performing the functions of the collector under this Act.
The power
of collector have been delegated to the following officer district
mentioned against their names.
|
1 |
Divisional Deputy Director, Rural
Development & Panchayats, Patiala |
Sirhind, Bassi Pathana and Dera
Bassi Blocks of Patiala District. |
|
2 |
District Development and Panchayats Officer, Patiala |
Patiala, District excluding
Sirhind, Bassi Pathana and Dera Bassi Block. |
|
3 |
Principal, Gram Sewaks Training
Centre, Nabha, District Patiala |
Anandpur Sahib and Nurpur Bedi
Blocks of Ropar District. |
|
4 |
District Development and
Panchayat Officer, Ropar |
Ropar District excluding Anandpur
Sahib and Nurpur Bedi Blocks. |
Per Gazette
Notification S.O. 9/P.A.
18/61/S.2/85 Dated 15th
Februry, 1985 .
The
powers of collector have been delegated to the following officers district mentioned
against their names.
|
1 |
Divisional Deputy Director, Rural
Development & Panchayat, Patiala |
Sirhind, Bassi Pathana, Dera Bassi Blocks of Patiala District. |
|
2 |
Principal Gram Sewak training
Centre, Nabha District Patiala |
Nabha and Samana Blocks of
Patiala District. |
|
3 |
District Development and
Panchayat Officer, Patiala |
Patiala, Bhunderheri, Rajpura and
Ghanaur Blocks of Patiala District. |
|
4 |
District Development and
Panchayat Officer, Ropar |
Whole of the District Ropar |
Per
Gazette Notification No S.O.11/P.A. 18/61/S,.2/87 Dated 13th April
1987 .
The
powers of collector have been delegated to the following officer district mentioned against their names.
Punjab Village Common Lands
Regulation Act, 1961 (Punjab Act No 18 of 1961), the President of India is
pleased to appoint the following officers
for performing the functions of the collector under the said Act the in
respect of Ropar and Kapurthala districts for the areas specified against each.
|
1 |
District Development and
Panchayat Officer, Ropar |
Whole of the Ropar district
excluding Kharar Block |
|
2 |
Deputy Director (Land
Development) Chandigarh |
Kharar Block of Ropar district. |
|
3 |
Divisional Deputy Director, Rural
Development and Panchayats, Jalandhar |
Whole of the Kapurthala district. |
Per
Gazett Notification No S.O.4/PA. 18/61/S. 2/89. Dated 20th April,
1989.
The powers
of collector have been delegated to the following officer district mentioned
against their names.
|
1 |
District Development and
Panchayat Officer in the State except those posted in the Districts of
Patiala, Ropar, Gurdaspur and Ferozepur |
Whole of the District within
jurisdiction. |
|
2 |
Divisional Deputy Director Rural
Development and Panchayats, Patiala |
Sirhind, Bassi Pathana and Dera
Bassi Block of District of Patiala. |
|
3 |
Principal, Gram Sewaks Training
centre, |
Nabha and Bhunerheri Block of
District of Patiala |
|
4 |
District Development and
Panchayat Officer, Patiala |
Patiala, Rajpura, Samana and
Ghanaur Blocks of District of Patiala. |
|
5 |
District Development and
Panchayat Officer, Gurdaspur |
Whole of the District of
Gurdaspur, except Batala Sub-Division, Kahnuwan and Dharriwal Blocks of this
District. |
Per Gazette
Notification S.O.77/P.A.18/61/S, 2/89 Dated 23rd Aug.1989.
(aa) “Commissioner” means the commissioner of division
and includes any other officer not below the rank of a Joint Director
Panchayats, appointed by the State
Government for performing the function of commissioner under the Act;
(b) “Displaced person” means a person defined
as such in the East Punjab Displaced Persons (Land Re-settlement) Act; 1949 or
the Patiala and East Punjab State Union Displaced Person (Land Settlement)
Ordinance 2006 BK.
1(bb)
“Hilly area” means:
(i)
[2Kangra, Kulu and Shimla Districts and
the District of Lahaul and Spiti
(transferred to H.P).
(ii)
Dhar
Kalan Block in Gurdaspur District (in Punjab)
(iii)
Hoshiarpur
I, Hoshiarpur II, Bhungra, 1[Hajipur], Dasuya, Mahilpur, Balachaur, Saroya
(Gagrat, Nurpur Bedi 1[Ambunal and Anandpur Sahib, Block in Hishiarpur district
(iv)
1[Ropar, Majri, Nalagarh,
Manimajra],Raipur Rani, Naraingarh, Bilaspur and Chhachrauli Bock in Ambala
District.
(c) “House”
includes a court yard whether walled or not.
(d)
“Inhabitant
of a village” means a person, whether a proprietor, or non proprietor, who ordinarily
resides in the village
Provided
that temporary absence or absence in relation to employment elsewhere shall not
affect his residence in the village
2[(e) “Panchayat” means a Gram Panchayat
constituted under the Punjab Gram Panchayat Act, 1952]
(f) “Prescribed”
means prescribed by the rules made
under the Act.
(g) “Shamilat
deh” includes
(1) Land described in the revenue records as Shamilat
deh excluding abadi deh.
(2) Shamilat
Tikkas,
(3) Land described in the revenue records as shamilat,
Tarafs, Pattis Pannas and Tholas and used according to
revenue records for the benefit or the village community or a part thereof for
common purposes of village.
(4) Lands used or reserved for the benefit of
the village, community including, streets, lanes, playgrounds, schools,
drinking wells, or ponds within abadi deh or gora deh and
(5) Land in any village described as banjar
qadim and used for common purposes of the village, according to revenue
records, but does not include land which:
3[Proviso……………………………………………………………]
4[(i) becomes……………………………………………………]
(ii) has been allotted on quasi
permanent basis to displaced persons
(iii)
has been partitioned and brought
under cultivation by individual landholders before the 26th
January,1950.
(iv) having been acquired before the 26th
January, 1950, by a person by purchase or in exchange for proprietary land from a co sharer in the shamilat deh
and is so recorded in the jamabandi or is supported by a valid deed.;1[and is not in excess of the share of
the co sharer in the shamilat deh.
(v) is described in the revenue records as Shamilat,
Taraf, Patti Panna an Thola and not used; according to
revenue records for the benefit to the village community or a part thereof or
for common purposes of the village.
2[(vi) lies outside the abadi deh and was being
used as gitwar, bara manure pit, house or for cottage industry, immediately
before the commencement of this Act].
3(vii) is Shamilat deh………………………………………………]
(viii) was Shamilat deh was assessed to
land revenue and has been in the individual cultivating possession of co-shares
not being in excess of their respective shares in such shamilat deh on or before the 26th
January, 1950, or
4[(ix) was being used as a place of worship or for purposes, subservient
thereto, immediately before the commencement of this Act].
(h) “Shamilat Law” means:-
(i)
in
relation to land situated in the territory which immediately before the Ist
November, 1956, was comprised in State of Punjab, the Punjab Village Common Lands( Regulation) Act, 1953, or
(ii)
in
relation to land situated in territory immediately before the Ist . November,
1956, was comprised in state of Patiala and East Punjab States Union; the Pepsu
Village Common Lands Regulation Act, 1954;
(i)
“State
Government” means the Government of the State of Punjab.
3.
Lands to which this Act applies-
(1) The act shall apply and before the
commencement of this Act the Shamilat Law shall be deemed always to have
applied to all lands
which are shamilat deh as defined in clause(g)
of section 2.
(2) Notwithstanding , anything contained in sub section (1) of section 4, where any land vested
in the Panchayat under the shamilat law, but such. land has been excluded from Shamilat deh as defined
in clause (g) of section 2, all rights, title and interest of the Panchayat in
such land shall, as from the commencement of this Act, cease and such rights,
title and interest shall be revested in the persons in whom the vested
immediately before the commencement of the Shamilat law and the
Panchayat shall deliver possession of such land to such person or persons:
Provided that where a Panchayat
is unable to deliver possession of any such land on account of its having been
sold or utilised for any of its purposes, such land shall not cease but the
Panchayat shall, notwithstanding, anything contained in section 10, pay ,to the
person or persons entitled to such land ,compensation to be determined in accordance with such principles and in such
manner as may be prescribed.
4. Vesting of rights in Panchayat and
non-proprietors.-
(1) Notwithstanding anything to the contrary
contained in any other law for the time being in force or in any agreement,
instrument, custom or usage or any decree or order of any court or other
authority, all rights, title and interest whatever in the land:-
(a) Which is included in the Shamilat deh
of any village and which has not vested in a Panchayat under the Shamilat
law shall at the commencement of this Act vest in a Panchayat constituted
for such village, and where no such
Panchayat has been constituted
for such village, and where no such Panchayat has been constituted for
such village, vest in the Panchayat on such date as a Panchayat having
jurisdiction over that village is constituted ;
(b) Which is situated within or outside the abadi
deh of a village and which is under the house owned by a non-proprietor,
shall, on the commencement of Shamilat law, be deemed to have been
vested in such non-proprietor.
(2) Any land which is vested in a Panchayat
under the Shamilat law shall be deemed to have been vested in the
Panchayat under this Act.
(3) Nothing contained in clause (a) of
sub-section (1) and in sub section (2) shall affect or shall be deemed ever to
have affected the ;-
(i) existing rights, title or interests of
persons who, though not entered as occupancy tenants in the revenue records are
accorded a similar status by custom or otherwise, such as Dholidars,
Bhondedars, Butimars, Basikhopohus, Saunjidars, Muqarrirdars;
(ii) rights of persons in cultivating
possession of Shamilat deh, for more than twelve years 1[immediately preceding the commencement
of this Act] without payment of rent or by payment of charges not exceeding the
land revenue and cesses payable thereon.
(iii) rights of a mortgagee to whom such land is
mortgaged with possession before the 26th January, 1950.
5. Regulation of
use and occupation, etc of lands vested
or deemed to have been vested in Panchayats-
(1) All lands vested or deemed to have been
vested in a Panchayat under this Act, shall
be utilised or, disposed of by the Panchayat for the benefit of the
inhabitants of the village concern in the manner prescribed.
Provided that where two or more
villages have a common Panchayat, Shamilat deh of each village shall be
utilised and disposed of, by the Panchayat for the benefit of the inhabitants
of that village.
Provided further that where
there are two or more Shamilat tikkas in a village, the Shamilat
tikka shall be utilised and disposed of, by the Panchayat for the benefit
of the inhabitants of that tikka.
1[ Provided further that where
the cultivable area of land in Shamilat deh of any village, so vested or
deemed to have been vested in panchayat is in excess of two-thirds of the total
of that village (excluding abadi deh). then cultivable area upto the
extent of two-thirds of such total area shall be left to the Panchayat and one-half of the remaining cultivable
area of Shamilat deh, shall be utilised for the settlement of landless
tenants any other tenants ejected or to be ejected of that village and the
remaining cultivable area shall be utilised for distribution to small land
owners of the village by the collector in consultation with the Panchayat, in
such manner as may be prescribed].
(2) The area of Shamilat deh to be
utilized for the purposes of the third proviso to sub-section (1) shall be
demarcated by such officer in consultations with the Panchayat and in such manner
as may be prescribed.
(3) The State Government or any officer
authorised by it in this behalf may, from time to time, with a view to ensuring
compliance with the provision of the
second proviso to sub-section (1) or sub-section (2) issue to any panchayat
such directions as may be deemed necessary.
2(4) Nothing contained in the third proviso to sub section (1) and in
sub-section (2) and sub-section (3) shall apply to the "Hilly area".
3(5) Notwithstanding anything
contained in the prereceding sub-sections, on land vested or deemed to have
been vested in the panchayat under this Act, shall be disposed of by way of
sale, gift or exchange, so as to have
with the Panchayat, cultivable area which is less than fifty percent of the
total cultivable area vested or deemed
to have been vested in the Panchayat ].
6. Appeal
(1) If any person is aggrieved by an act or decision of Panchayat under
section 5,he may, within thirty days from the date of such act or decision,
appeal to the Collector who may confirm, reverse of modify the act decision or
make such other order as he thinks to be just and proper.
(2)
The
appellate order of the Collector shall be final.
1[7. Power to put panchayat in possession of Shamilat
deh-
(1) The collector shall, on an application made to him by a panchayat, or (a) 2[by an officer, duly authorised in this
behalf by the state government by a general or special order], after making
such enquiry, as he may think fit and in accordance with such procedure as may
be prescribed put the panchayat in possession of the land or other
immovable property in the Shamilat
deh of that village which vests or is deemed to have been vested in it
under this Act and for so doing the collector
may exercise the powers of a revenue court in relation to execution of a
decree for possession of land under the
Punjab Tenancy Act,1887.
(2)
An
appeal against the order of the collector under sub-section(1) shall lie to the
Commissioner and the period of limitation for such an appeal shall be sixty
days from the date of the order appealed against.
3[7A Commissioner under this Act
to exercise powers under Punjab Act 31 of 1973.-
For the
purposes of appeals under section 9 of the Punjab Public Premises and Land
(Eviction and Rent Recovery) Act,1973 hereinafter referred to be the said Act
in relation to lands vested or deemed to have been vested in a panchayat
under this Act, the Commissioner under this Act shall be deemed to be the
Commissioner under the said Act].
8. Saving of existing
Possession.-
(1) Where, on any land in the shamilat deh
immediately before it vests or is
deemed to have been vested in a Panchayat under this Act, a person is in
cultivating possession and his uncut and
ungathered crops are standing thereon, he shall not be ejected from such land, unless his crops have ripened and he has been allowed
reasonable time to harvest them.
4(2) Any person................
Any income accruing from the
use and occupation of the lands vested or deemed to have been vested in a
Panchayat shall be credited to the Panchayat fund and shall be utilised in the
manner prescribed.
10. Bar of Compensation :-
No,
persons shall be entitled to any
compensation for any loss suffered or alleged to have been suffered as a result
of the coming into force of this Act or of the Shamilat law.
1[10A. Power of the Collector to
cancel or vary leases etc. of lands vested in Panchayats.
(1) Notwithstanding anything contained in
this Act, or the Shamilat law or in any other law for the time being in
force, the Collector in the area of his jurisdiction may call for the record of
any lease contact or agreement entered
into by the Panchayat in respect of land vested or deemed to be vested in it,
whether such lease, contact or agreement is entered before or after the
commencement of the Punjab Village Common Lands (Regulation) Amendment Act,1964
and examine such record for the purpose of satisfying himself as to the legality or propriety of such lease, contract
or agreement.
(2) Where, on examination of the record under
sub-section (1) and after making such inquiry, if any, as he may deem fit, the
Collector is satisfied that such lease, contract or agreement :
(i) has been entered into in contravention of
any of the provisions of this Act or the Rules made there under ;
(ii) has been entered into as result of fraud
or concealment of fact ; or
(iii) is detrimental to the interests of the
panchayat as prescribed; the Collector may, notwithstanding anything as
aforesaid, cancel the lease, contract or agreement or vary the terms thereof
unconditionally or subject to such conditions as he may think fit ;
Provided that no order under
this sub-section shall be passed by the collector without affording reasonable opportunity of being
heard to the parties to the lease, contract or agreement.
(3) Where the terms of any lease, contract or
agreement have been revised by the
Collector under sub-section (2), the variation shall, notwithstanding anything
contained it this Act or Shamilat law or in any other law for the time being in force be binding
on the parties to the lease,
contract or agreement as the case may be.
(4) Where
the lessee or the person with whom a contract or agreement has entered into by
a Panchayat refuses to accept the variation made by the Collector under this
section in the terms of lease, contract or agreement, as the case may be, shall be deemed to be cancelled by
the Collector under this section with effect the date of such refusal.
(5) Where, under this section, any lease,
contract or agreement is cancelled or is deemed to be cancelled or its terms
are varied , lessee or the person with whom the contract or agreement has been
entered into, who suffers by such cancellation or variation, is entitled to
receive compensation to be assessed by the Collector for any loss or damage
caused to the lessee or such person, which naturally arose in the usual course
of things from such cancellation or variation.
Provided that no such
compensation shall be given for any remote or inditect loss or domage sustained
by reason of such cancellation or variation.
(6) Notwithstanding anything contained in any
law for the time being in force, the amount of compensation awarded by the
Collector under this section shall be payable by the panchayat in the
prescribed manner and shall be a valid charge on the Shabha funds.
(7)
Any
party to a lease , contract or agreement aggrieved by any order of the
Collector made under this section may, within a period of thirty days from the
date of such order, appeal to the Commissioner whose decision thereon shall be
final.
1[11. Decision of claims of right,
title or interest in Shamilat deh.-
(1) Any person claiming right, title or
interest in any land, vested or deemed to have been vested in a panchayat under
this Act or clamming that any land has not so vested in a Panchayat, may submit
to the Collector, within such time, as
may be prescribed, a statement of his claim in writing and signed and verified
in the prescribed manner and the
Collector shall have jurisdiction to decide such claim in such manner as may be
prescribed.
(2)
Any
person or a Panchayat aggrieved by an order of the Collector made under sub- section (1) may, within sixty days from the date of the order,
prefer an appeal to the Commissioner in
such form as manner as may be prescribed and the Commissioner may after hearing
the appeal, confirm, vary or reverse the order appealed from and may pass such as he deems fit.
12. Finality of orders.-
Save , as otherwise, expressly
provided in this Act, every order made by the Collector or the Commissioner
shall be final and shall not be called in question in any court by way of
appeal or revision or in any original suit, application or execution
proceedings.
13. Bar of Jurisdiction in Civil Courts:-
No
civil court shall have jurisdiction:-
(a) to
entertain or adjudicate upon any question, whether any property or any right to or
interest in any property is or is not Shamilat deh vested or
deemed to have been vested in a Panchayat under this Act ; or
(b) to
question the legality of any action taken by the Commissioner or the Collector
or the Panchayat, under this Act, or
(c)
in
respect of any matter which the Commissioner or the Collector is empowered by
or under this Act to determine].
2[13A Penalties and procedure:-
(1) No person shall unless entitled or
authorised so to do, by law or by an instrument or by order executed or issued
by a competent authority under law, enter into the possession of any land
vested or deemed to have been vested in a Panchayat under this Act or having
lawfully entered into possession of such land ; unlawfully remain in possession
thereof, on or after the expiry of the term of such lawful possession, if any.
(2) Any
person who contravenes the provisions of sub-section (1) shall, notwithstanding
any thing contained in any other law, be punished with imprisonment for a term
which may extend to two years or with fine which may extend to one thousand
rupees or with both.
(3) Any
person who abets an offence punishable under this Act, shall be punished with
the punishment provided for the offence.
(3)
Notwithstanding,
anything contained in the Code of Criminal Procedure 1973, an offence under
this Act, shall be cognigable.
13B. Provisions of this Act to be overriding:-
The
provisions of this Act shall have effect, notwithstanding to the contrary in
any law or any agreement, instrument, custom, or usage or any decree or order
on any court or other authority].
No
suit, prosecution or other legal proceedings shall lie against the Government
or any person or authority for anything done or intended to be done in good
faith, in pursuance of the provisions of this Act.
1[14A Saving:-
Nothing contained in this Act
or the Shamilat law. shall: -
(a) affect or shall be deemed to have affected
any right of the State Government in the
land vested or deemed to be vested in a Panchayat under this Act ; or
(b)
entitle
or shall be deemed ever to have entitled a Panchayat or any other authority
under this Act or the ‘Shamilat law' to exercise any right or to do any
act in respect of any land in the 'Hilly area' vested or deemed to be vested in
the Panchayat whether such land has or has not been declared as a protected
forest under section 29 of the Indian Forest Act, 1927, in contravention of the
provisions of that Act or the Rules made thereunder.]
(1) The State Government may, by notification
in the official Gazette, make rules for carrying out the purposes of this Act.
(2) In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for-
(a) the
principles on which and extent to and the manner in which the inhabitants of
the village shall make use of the lands vested or deemed to have been vested in
the Panchayat ;
(b) the maximum and minimum
area to be leased to any single person ;
(c) the
prescribing of forms for such books, entries, statistics and accounts as may be
considered necessary to be kept, made or compiled in any office or submitted to
any authority ;
(d) determining
the principles on which and the manner in which compenstation may be paid under
sub-section (2) of section 3 ;
(e) the
terms and conditions on which the use and occupation of any such land is
permitted ;
(f) the
manner and the circumstances in which any such land may be disposed of,
transferred or sold ;
(g) the
purpose for which any such land may given free of charge ;
(h) the
regulation of procedure where a Panchayat 1
[sues or] is sued on its representative capacity ;
(i) the
manner or the order of priority in which the excess area shall be utilized by
the Collector under sub-section (1) of section 5 ;
(j) the
officer by whom and the manner in which the area of Shamilat deh
referred to in sub-section (1) of section 5 shall be demarcated ; and
(k)
any
other matter which can be or may be prescribed.
16. Repeal and Saving:-
The
Punjab Village Common Lands (Regulation) Act, 1953 and the Pepsu Village Common
Lands (Regulation) Act, 1954 are hereby repealed :
Provided
that anything done or any action taken under any law so repealed shall be
deemed to have done or taken under the corresponding provisions of this Act and
shall continue to be in force accordingly unless and until superseded by
anything done or any action taken under this Act
These rules may be called the
Punjab Village Common Lands (Regulation) Rules, 1964.
In these rules, unless the
context otherwise requires-
(a) "Act"
means the Punjab Village Common Lands (Regulation) Act, 1961.
(b)
"Form
" means a form appended to these rules.
(c)
“Panchayat
Samiti" means the Panchayat Samiti constituted under the Punjab Panchayat
Samitis and Zila Parishads Act 1961 and having jurisdiction over the Sabha
Area.
(d)
"Sabha
Area" means an area declared to be a "Sabha Area" under section
4 of the Punjab Gram Panchayat Act 1952
(e)
"Zila
Parishad" means the Zila Parishad constituted under the Punjab
Panchayat Samitis and Zila
Parishads Act, 1961, and having jurisdiction over the Sabha Area
3 The manner in which and the purposes for Shamilat deh
may be used (Sections 5 and 15 (2)(a) of the Act).
(1) The Panchayat shall prepare a land
utilization plan of the land in Shamilat deh vested in it under the Act.
1[it shall be the duty of B.D.& P.O
to assist the Gram Panchayats concerned in the preparation of the said
plans]. Such Plan shall be subject to
approval of-
(a) The Panchayat Samiti- where
the area exceeds 100 acres but
does not exceed 500 acres 2[1000
acres];
3(b) the Zila Parishad- where the area exceeds 500
acres but
does not
exceed 1,000 acres];
(c) the
Government- where
the area exceeds 1,000 acres.
(2) The
panchayat may make use of the land in Shamilat deh vested in it under
the Act, either itself or through another, for any one or more of the following
purposes:-
(i) Model
farm ;
(ii) Seed
farm ;
(iii) Nursery
garden or any other horticultural purpose ;
(iv) production
of food, fibre or fodder crops ;
(v
) Diary
farm ;
(vi) Grazing
of cattle 1[animals] ;
(vii) Tree
plantation or any other purpose related to forestry ;
(viii) Dyeing
and tanning of skins and hides ;
(ix) Storage
of fuel, fodder and/ or grain ;
(x) Bricks
kilns 2[Pottery], extraction of shora 'sand
stones, kankar, bajri, other minerals defined in the Punjab Minor Mineral 3(Concession) Rules 1964 ;
(xi) Cremation
or burial ground ;
(xxii) Manure
pits ;
(xxiii)
Public latrines and / or urinals ;
(xiv) Pathways 4[streets
and lanes], roads, drains or water channels ;
(xv) Playground,
recreation parks or children' park or 5(balwaris);
(xvi) Leasing
out, for the purposes of abadi to a family having insufficient
housing accommodation or for the
purpose of industrial project approved
by the Government ;
(xvii) School building, school library or any other structure for educational Purpose ;
(xviii)
Maternity or first-aid centres ;
(xix) Hospital
or dispensary ;
(xx) Veternary
Hospital or dispensary ;
(xxi) Vehicle
Park ;
(xxii) Panchayatghar 6[or
village Chaupal] 7[or
Community Center] ;
(xxiii) Ponds and fisheries ;
(xxiv)
Wells, hand pump, water works, or any water lifting devices ;
(xivA) Thrasher floor 1[Thrashing ground] ;
2(xxiv:B) [Kohloo];
(xxv) Leasing out for cultivation ; or
(vxva) (Thrashing Floors; 3(or)-in Pb;
(vxvi) Any other kindred common purpose with
the approval of the Panchayat Samitis;
(3) Subject to approval of Panchayat Samiti, a
panchayat may unite with any other body or bodies being a Gram Panchyat, local
authority or an institution or branch of institution' established for the
development of Panchayat and recognised by Government in taking up any of the
purpose specified in sub rule (2).
COMMENTS
The
Panchayat has unfettered rights to use Shamilat deh vested in it either
the Shamilat law or the present Act of 1961, except to the extent
to which the statutory law and the
rules indicate for any of the specified purpose it like and it is not necessary
that what was grazing land out of Shamilat
deh previous to such vesting must continue to be such4.
On
cancellation of lease of Shamilat deh, given in contravention of the
Rules, it has been held that infraction of the legal right resting in the
petitioner is a foundation of jurisdiction under Art. 226 of the Constitution.
Cancellation of the lease of Shamilat deh land granted to him in
infringement of rule 3 of the Punjab Village Common Lands (Regulation ) Rules 1964, being null and
void, gave him no such right the infraction of which he would complain, or in
respect of which he could seek relief under the provisions of Articles 226 of the Constitution5.
6[4 Terms
for saving existing possession ( Sections 5 and 15 (2)(f)of the Act)
(1) Where a person 7[other than that in whom the shamilat land has vested under the Act] has built a
house or erected any other structure on any land in the Shamilat deh,
before the coming into force of the Act, the Panchayat may allow such person to
retain possession of the site by-
(a)
Selling
it to him at the market value prevailing at the time of the sale to be
determined by the Collector or the officer appointed by him for the purpose:
provided that the person concerned is unable to pay the entire amount
immediately, it shall be recovered in such instalments to be spread over a period not exceeding five years as may be
determined by the Panchayat or
(b) leasing
out the site to him at an annual rent to be determined by the Collector or the officer appointed by him
for the purpose at the rates prevailing
at that time.
(2) Subject
to sub-rule (1), the terms and conditions for sale or lease of land in Shamilat deh shall be
determined by the Panchayat]
5 Exchange of land (Section 5 and 15 (2) (f) of
the Act).
A
Panchayat, if it is of opinion that it is necessary so to do for the benefit of
the inhabitants of the village may with the prior approval of the Government, transfer any land in Shamilat
deh by exchange with the land of an equivalent value 1[ to be determined by the Tehsildar in
whose jurisdiction the land is
situate]
2[" Provide that where the
land is required, in connection with the Integrated Rural Development Programme
sponsored by the Government the Panchayat may, with the approval of the
Collector, transfer any land in Shamilat deh by exchang with the land of
an equivalent value”] ( b. alone)
1 Substituted by the Pb. Act 19 of 1976, section 2(1)
1 Substituted by Pb. Act No. 13 of 1965 in place of section 2(bb) of Pb. Act. No. 19 of 1964.
2 Omitted by Pb. Adoption of Laws (State & SC) Order 1968.
1 Omitted by Pb. Adoption of Laws (State & SC) Order 1968.
2 Substituted by the Pb. Act 1976, section 2(1)(a)
3 Proviso is omitted by section 2(3)(a) of the Pb. Act 19 of 1976.
4 Sub Clause(i) is omitted by section 2(3)(b) of the Pb. Act 19 of 1976.
1 Added by section 2(3)(c ) of the Pb. Act 19 of 1976.
2 Substituted by section 2(3)(d) of the Pb. Act 19 of 1976.
3 Omitted by Pb. Adoption of Laws (State & SC) Order 1968.
4 Substituted by section 2(3)(e) of the Pb. Act 19 of 1976.
1 Inserted by the Punjab Act No. 19 of 1976, section 3
1 Third Proviso submitted by the Pb. Act 19 of 1976, S 4(a)
2 Sub-section(4) has been added by the Act No. 16 of 1964, Section 3
3 Sub section(5) added by the Pb. Act No. 19 of 1976, section 4(b)
1 Section 7 substituted by the Pb. Act No. 19 of 1976 section 5.
2 “The Social education & Panchayat Officer” are authorised to act as such vide notification No. S.O. 27/PA/18/6US. 7/80 dated 11-4-80 by Deptt. Of R.D. & P Pb.
3 Section 7-A; inserted by the Pb.Act No. 19 of 1976; section 5.
4 Sub Section (2) of Sec.8 is omitted by the Pb.Act No. 19 of 1976; section 6.
1 Inserted by the Pb. Amendment Act 19 of 1964; section 4.
1 Section 11,12 & 13 substituted by Pb. Act No. of 1976; section 7
2 New Section 13A and 13B added by section 8 of the Pb.Act No. 19 of 1976.
1 Inserted by the Pb. Amendment Act 19 of 1964; section 3.
1 Inserted by the Pb. Amendment Act 19 of 1964; section 9
1 Inserted by Punjab Village Common Lands (Regulation) Hr. (Ist Amendment) Rules 1979.
2 (1000) substituted for (500) by Hr. 2nd Amendment Rule 1976 D/21-10-1976.
3 Cl. 3(i)(b) omitted by the Hr. 2nd Amendment Rules 1976.
1 (Animal) Substituted by Hr. Amendment Rules 1976.
2 Pottery added by Hr. 2nd Amendment Rules 1976.
3 Inserted by the Hr. Ist Amendment Rules 1979 Rule 2(a)
4 Inserted by the Hr. Ist Amendment Rules 1979 Rule 2(a)
5 Inserted by the Pb. 2nd Amendment Rules 1967 dated 18-7-1967.
6 Inserted by the Hr. Amendment Rules 1976 Rule; 3(11)(c)
7 Added by the Pb. 2nd Amendment Rules 1967 dated 18-7-1967
1 Substituted for (thrasher floor) by Hr. ist Amendment Rules 1979 d/29-11-1979.
2 Inserted by Hr. Ist Amendment Rules 1979 Rules 3(a) (IV) dated 29-11-1979.
3 (or) omitted and (xxv-a) added by Pb. Amendment; 1967 dated 18-7-1967.
4 1965 CLJ 711 (Salig Ram etc Vs. Maksudan Singh etc)
5 1968 PLR (S.N:39) H.23 (Mehar Singh etc Vs. G.P.Godpuri)
6 Rule 4 has been omitted by R-2 of the Pb. V.C.L (R ) Hr. Ist Amendment Rules, 1982;
7 Substituted for (a person has built) by Hr. Amendment Rules 1976 Rules 5;
1 Substituted for (value) by the Hr 2nd Amendment Rules 1976 R 3
2 Proviso added by the Pb. Ist amendment Rules 1978; dated 8-2-1978.