18        Demarcation of the surplus area 1( excess) area ( Sections 5 (a) and 15(2) (j) of the Act).

(1)        The panchayat having excess area in accordance with Section 5 of the Act shall   notify to the patwari concerned the are to be kept under its control and that to be allotted to landless tenants and other ejected or to be ejected or to be distributed among small land-holders of the village.

(2)   The Patwari shall, after verifying all the particulars of the land so notified, send  a   statement giving full details of the land to 1[the Assistant Collector Ist Grade in duplicate who shall retain one copy of the statement and forward the other to the ] Collector concerned who shall order the demarcation of the excess area by an officer not below the rank of an Assistant Collector IInd Grade, ( Naib Tehsildar)- ( in Pb.)

 

3{19     Unauthorized occupation of shamilat deh ( Sections 7 and 15 (2)(k)of the Act).

For purposes of Section 7 of the Act, a person shall be deemed to be in unauthorised occupation of any land in shamilat deh:-

(a)        Where he has, whether before or after the commencement of the Act entered into   possession therefore otherwise than under and in pursuance 4{of} any    allotment, lease or grant by the panchayat; or.

(b)        Where he being an allottee; lessee or grantee, has, by reason of the    determination or cancellation of his allotment lease or grant in accordance with the terms in this behalf therein contained ceased whether before or after the commencement of the Act to be entitled to occupy or hold such land in shamilat deh, or.

(c )       where any person authorised to occupy any land in shamilat deh has, whether       before or after the commencement of the Act;-

(i)         Sub-let in contravention of the terms of allotment, lease or grant, without the permission of the panchayat or of any other authority competent to permit such sub-letting, the whole or an part of such land in shamilat deh; or

(i)                  otherwise acted in contravention of any of the terms express or implied under which he is authorised to occupy such land in shyamilat deh.

Explanation:-    For purposes of clause (a), a person shall not, merely reason of the fact that he has paid any rent, be deemed to have entered into possession as allottee, lessee or grantee.}

Rule 19 Section 7

Where, the ejectment of the tenants is sought on the ground that the period of lease had expired but the tenants filed suit for permanent injunction against the Gram Panchayat in Civil Court restraining the latter from dispossessing them. The Civil Court held the plaintiff petitioners to be tenants-at-will under the Gram Panchayat on the basis of the entries in the revenue records and that the relationship of landlord and tenant are established between the parties, the petitioners cannot be termed as unauthorised occupants of the land and ejectment order got quashed1

 

2[20      Issue of notice to show causes against order of eviction ( Sections 7 and 15 (2)(k) of the Act).

(1)        If the Assistant Collector of the Ist Grade is of opinion that any persons are in unauthorised occupation of or claim interest in the land in shamilat deh situated within his jurisdiction and that they should be evicted, he shall issue, in the manner hereinafter provided, a notice in writing upon all the persons concerned to show cause why an order of eviction should not be made.

            (2)        The notice shall:-

(a)        specify the grounds on which the order of eviction is proposed to be made; and

(b)     require all persons concerned, that is to say, all persons who are or may be, in    occupation of, or claim interest in the land in shamilat deh, show cause, if any, against the proposed order on or before such date as is specified in the notice being a date not earlier than ten days from the date of issue thereof.

(3)        The Assistant Collector shall cause the notice to be affixed 3[ on some conspicuous  place] outside the Panchayat ghar or any other building used as office by the panchayat and at some conspicuous places of the estate in which the land in shamilat deh is situated, where upon  he notice shall be  deemed to have been duly given to all persons concerned.

(4)        Where the Assistant Collector knows or has reasons to believe that any persons are in occupation of the land in shamilat deh, then, without prejudice to the provisions of sub- rule (3), he may cause a copy of the notice to be served on every such person [by delivering or tendering it to that person or 4[ by registered post with acknowledgement due}.

 

5{20A   Damages:-

(1)        If any person who is a lessee of any land vested or deemed to have been vested in a panchayat does not deliver to the panchayat vacant possession of the land, immediately after the expiry of the period he fails to do so, he liable to pay damages to the panchayat equivalent to twenty times, the amount which would have payable to the panchayat had the lease of such land continued during the period.

(2)        The  provisions  contained  in  sub- rule  (1)  shall  be  deemed  to  be  one  of the terms of each lease of land granted by the panchayat after the commencement of the Punjab Village Common Lands Regulation ( 3rd Amendment )Rules 1978}

 

20B     Scope and Applicability:

            Where the lands in question are not “Village Common Land, but" common purposes lands "The provisions of the Village Common Land Act or of Rule 20-A" framed there under do not apply, so as to inflate the lease rent of Rs. 125 to Rs.2500 per year by way of penalty and his detention squarely. Moreover the instant lease was not lease granted by the panchayat after the commencement of such rule in order to attract Rule 20-A, while the lease related to the year 1975 much before the enactment of Rule 20-A in 1978. It was held that such slip shot attempts by administrative functionaries which tend to violate the liberty principle enshrined in the constitution of India for the safeguard of citizens cannot be easily overlooked and detention of petitioner was set-aside1

 

2{21     Eviction of unauthorised persons 9 Sections 7 and 15 (2)(k) of the Act}-in Hr.

(1)   If, after considering the cause, if any, shown by any person in pursuance of notice under Rule 20 and any evidence, he may produce in support of the same after giving him a reasonable opportunity of being heard, { the Assistant Collector of the First Grade} is satisfied that the land in shamilat deh is in an unauthorised occupation, the Assistant Collector {of the First Grade} may, on a date to be fixed for the purpose make an order of eviction for reasons to be recorded therein, directing that the land in shamilat shall be vacated by all persons who may be in unauthorised occupation thereof or a part thereof and cause a copy of the order to be affixed on the outer door of the panchayat ghar and at so is other conspicuous places of the shamilat deh or of the estate in which the land in shamilat is situated.

(2)   If any person refuses or fails to comply with the order of eviction within thrity days of the date of its publication the Collector or any other officer duly authorised by him in this behalf, may evict that person from and take possession of, the land in shamilat deh and may for that purpose, use such force as may be necessary.}

 

 

22        Maintenance of forms:( Sections 15 (2) (c) of the Act).

The panchayat shall maintain the under mentioned forms for the management of land in shamilat deh.

                        (i)         Register containing the description of the shamilat deh (From I )

                        (ii)        Map containing the description of the shamilat deh.

                        (iii)       Agreement register for lease or pattas etc. ( Form II).

                        (iv)       Accounts Ledger for the rents and receipts ( Form III)

                        (v)        Register of tenants ( Form IV).

                        (vi)       Form of lease deed ( Form V).

 

23        Repeal.

The Punjab Village Common Lands ( Regulation ) Rules, 1955, published with Punjab Government Revenue Department Notification No.5557-R (c) 54-216.dated 18 Feburary,1955 and published with the Pepsu Government Revenue Department Notification No. 6 Agr. dated the 15th October,1955 are hereby repealed [:-]1 [ :]

Provided that any action taken or anything done under the Rules hereby repealed shall be deemed to have been taken or done under the corresponding provision of these rules.

 

 

[FORM I]

1{ See Rule 22(2)}

Register containing the description of shamilat deh.

            Name of Gram Panchayat ......................

            Tehsil and District ........................

1.         Serial No.

2.         Description of land .

3.         No. of trees growing on the land.

4.         Details of the land given on lease/sold.

5.         period for which lease has been decided or conditions of sale.

6.         Total amount of lease or sale proceeds.

7.         Amount collected as lease 2[ lease money or] sale proceeds.

8.         Balance.

9.         To whom leased or sold.

10.       Signatures of the sarpanch.

11.       Signatures of Leases/Purchasers

12.       Remarks.

 

[ FORM II]

1{See Rule 22(2)}

Agreement Register for lease or patta

            Name of Gram Panchayat .......................

            Tehsil and District .......................

            1.         Serial No.

            2.         Description of land to be auctioned.

            3.         Name and address of bidders.

            4.         Last bid.

            5.         Signature of bidders.

            6.         Signature of auctioneer.

             7.        Signature of Sarpanch.

             8.        Amount received cash.

 

[ Form III]

1{ See Rule 22(2)}

Register of Rents and Receipts

            Name of Gram Panchayat .................

            Tehsil and Distt............

1.         Serial No.

2.         Nos. of the files.

3.         Area of the fields.

4.         Name of the tenants,

5.         Rate fixed.

6.         Rent in arrears.

7.         Total sum recoverable.

8.         Sum recovered.

9.         Receipt No. and date.

 

[ FORM IV]

1{See Rule 22(2)}

Register of Tenants

1.         Serial No.

2.         Excess area with the Panchayat under Section 5.

3.         Names of the persons who have applied for allotment of excess area.

4.         Name of persons whom excess area has been allotted.

5.         Conditions of tenancy etc.

6.         Date of the deed.

 

[ FORM V]

{ See Rule 22(2)}

                        This deed of lease made this......day of ................. between the panchayat ........................( hereinafter referred to as the lessor) of the one part and Shri ......son of ..........resident of village........Tehsil......district......(hereinafter called the 'lessee' which expression shall include his heirs, executors, administrator, successors, and assignees) of the other part.

                         And whereas the lessor has agreed to left and the lessee has agreed to take the land hereinafter described and intended to be hereby demised { leased} upon the terms and subject to the conditions hereinafter appearing.

                        Now, therefore, this deed witnessed that the lessor does hereby grant to the lessee through auction a lease of the piece of land measuring ........bighas ......... biswas pertaining to khasra No .......situated in village.....Tehsil ......district .......to hold the same in accordance with the Punjab Village Common Lands ( Regulation ) Rules 1964 and subject to the following conditions:-

 

(1)        The lessee hereby takes the aforesaid land for the term of ..... year and beginning from kharif-rabi .....on the yearly rent of Rs.....per bigha/acre. The lessee has paid Rs. .......in advance and shall pay to the lessor Rs..... for the Ist year on ........ and thereafter the yearly rent of Rs-...... shall be paid in advance in the month of February every year.

(2)        That the lessee shall pay, when due in respect of the said land or any part            thereof:-

(a)        full assessments, cesses, water rates and other charges imposed by          competent authority under any law for the time being in force;

(b)        lease money in accordance with the Punjab Village Common Lands          (Regulation) Rules 1964.

(3)   That the lessee shall not assign transfer in any way, mortgage or Subject the             land hereby demised or premises thereon or any part thereof

(4)   That the lessee shall use the land only for the purpose of    cultivation of food, fibre or fodder crops according to improved methods of cultivation and for no other purpose.

(5)   That the lessee shall be responsible for removing the bushes, Leveling the fields, cleaning the khals, making bunds, clearing mud out of water courses           etc, in the demised area,

(6)   That all matters, relating to cultivation, e.g. ploughing, watering  Cropping    digging, manuring use of fertilizers and control of etc. will be carried out as recommended by the Agriculture Department and under the instructions and      guidance of the Extension officer ( Agri. ) V.L.W. of the area.

(7)   That the lessee shall bear full costs of seeds, fertilizer, insecticides, etc

(8)   That the lessee shall look after the crops, fencing, trees, and other                   necessary fixtures on the land.

(9)   That the lessor shall have a right of purchase of exchange of the whole of              the  lessee's produce or a part thereof, at the current market rates for seed  purposes.

(10)                       That the lessee shall have to abide by the Regulations of the Irrigation          Department in default of which, he will have to pay the penalty which may be imposed by the authorities of said Departments for wastage of water.

(11)                       That the lessee can keep two milch cattle and two young stock per plough.  urine and dung etc. of farm animals shall have to be stored in a manure bit under the instructions of the Extensions Officer ( Agri.) of the area.

(12)      That during the period of lease, the lessee shall keep his ordinary place of residence at ...... and shall not reside elsewhere without the permission                                    of the sarpanch.

(13)      That if the lessee neglects his duties; the lessor will have the right  to get there duties performed at his ( lessee's) expense.

(14)      That the lessor shall have a right to get damage from the lessee for any loss which may result from his non-compliance with any of the above                   conditions.

(15)      That in the event of lessee's death, his heir shall be allowed to continue the   tenancy till the expiry of the lease period. In the event of the lessee's leaving the land of his own accord before the expiry of the lease, he shall forfeit his right to crops and shall not be entitled to any compensation for such forfeiture.

(16)      That, in case there is breach on the part of the lessee of any of the conditions herein contained and to be observed and performed by him, the lessor or any person authorised by him in this behalf, may terminate the lease and re-enter the demised premises and in such case, the lessee shall not be entitled to get any compensation, whatsoever.

(17)      That, in case, the lessee fails to pay the rent to or cultivate the lands he shall    deliver the possession of the land in question to the sarpanch of the Panchayat ( lessor) or any other person authorised by the lessor. The lessee shall, on the expiry of lease, vacate, and give possession of the land to the lessor.

(18)      That, if any difference or dispute shall arise during the pendency of the lease between the parties hereto in regard to any matter or thing concerning this lease and the terms thereof, such difference  or dispute shall be referred to the District Development and Panchayat Officer of the district concerned whose decision shall be binding on the parties and shall be final and conclusive.

(19)      In witness whereof the parties to this agreement have hereunder set and subscribed their hands on the dates hereinafter mentioned respectively.

 

Witness......                                                      Signature of the lessee, revenue

                                                                                      ticket, survey etc.

 

Witness ......                                                     Signature of the Sarpanch/Panch

                                                                        on behalf of the Panchayat.

 

APPENDIX- A

 

THE PUNJAB VILLAGE COMMON LANDS

( REGULATION) ACT. 1953

The following Act of the State Legislature received the assent of the President on the 26th December, 1953, and was published in the Punjab Gazette, Extraordinary, dated the 9 the Janurary,1954:-

 

PUNJAB ACT No. 1 of 1954

An Act to regulate the rights in shamilat deh and abadi deh. It is hereby enacted as follows :-

 

1          Short title, extent and commencement:-

(1)        This Act may be called the Punjab Village Common Lands (Regulation) Act.

1953.

(2)        It shall extend to the whole of the State of Punjab:

                        Provided that nothing contained in this Act shall apply to any land which:-

                        (i)         becomes shamlat due to river action;

                        (ii)        which has been allotted on quasi-permanent basis to a displaced person;

(3)        It shall come into force at once.

 

2          Definitions,-

In this Act, unless the context otherwise requires:-

(a)        'house' includes a courtyard whether walled or not:

(b)        "Government" means Government of the State of Punjab;

(c)        "Collector" means the Collector of the District in which the village is  situated or any other officer, not below the rank of an Assistant Collector of the First Grade, appointed by Government to perform the duties of a Collector under this Act:

(d)        "prescribed" means prescribed by rules made under this Act:

(e)        "appointed date" in the case of a village which is subject to the jurisdiction of a Panchayat at the commencement of this Act, shall be the date of such commencement: and in other cases; the date on which a panchayat with jurisdiction over that village is constituted:

(f)         "inhabitant" of a village means, a person whether a proprietor or a non- proprietor, who ordinarily resides in the village;

Provided that temporary absence in relation to employment elsewhere shall not affect his residence in the village :

(g)        "Panchayat" means a Panchayat constituted or continued under the Punjab Gram Panchayat ACt,1952:

(h)        "displaced person" means a person defined as such in the East Punjab Displaced persons ( Land Resettlement) Act,1949.

 

3          Vesting of rights in Panchayats and in non-proprietors

Notwithstanding anything to the contrary contained in any other law for the time being in force, and notwithstanding 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 shamilat deh of any village, shall, on the appointed date, vest in a Panchayat having jurisdiction over the village:

(b)        Which is situated in the abadi deh of a village and which is under the house owned by a non-proprietor, shall at the commencement of the Act, vest in the said non-proprietor, shall at the commencement of the Act, vest in the said non-proprietor.

 

4          Regulation of use and occupation, etc. of lands.

All lands vested in a panchayat by virtue of the provisions of this Act shall be utilised or disposed of by the panchayat for the benefit of the inhabitants of village concerned in the manner prescribed.

 

5          Saving of existing Possession.

(1)        Where, before the appointed date, on any land which vests in a panchayat under the provisions of this Act-

(a)        a person is in cultivation possession and his uncut and ungathered crops are standing thereon, he shall not be ejected from such land, unless the crops have ripened and he has been allowed reasonable time to harvest them;

(b)        a person has built or erected any house or any other structure, he shall  be allowed by the panchayat to retain possession of the same on such terms and conditions as may be determined by the panchayat, subject to any rules which may be framed in this behalf.

(2)        If any person has a grievance against any determination made by a panchayat under    sub-section (1), an appeal shall lie to the Collector, whose order thereon shall be final.

 

6          Utilisation of Income.

Any income accruing from the use any occupation of the lands vested in a panchayat shall be credited to the panchayat fund and shall be utilised in the manner prescribed.

 

7          Bar of Compensation.

No person 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.

 

8          Bar of Jurisdiction of Civil Court.

No. Civil Court shall have any jurisdiction over any matter arising out of the operation of this Act.

 

9          Indemnity.

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.

 

10        Power to make rules.

(1)        The State Government may, by notification, in the official Gazette, makes 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, the extent and manner in which, the inhabitants of the village shall make use of the lands vested in a Panchayat:

(b)        The maximum and minimum area to be leased to any single person :

(c )       prescribing the forms for such books, enteries, statistics, and accounts as may be considered necessary to be kept, made or complied in any office or submitted to any authority.

(d)               The terms and conditions on which the use and occupation of any land vested in a panchayat is permitted;

(e)                The manner and circumstances in which any land may be disposed of, transferred or sold;

(f)         The purposes for which any land may be given free of charge:

(g)        Any other matter which can be or may be prescribed.

 

APPENDIX -B

The Punjab Village Common Lands Regulation Rules, 1955.

The 18th February, 1955

No. 5557-R (CH-54/216)

In exercise of the powers conferred under sub-section (1) of section 10 of the Punjab Village Common Lands ( Regulation) Act No. 1 of 1954, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules for carrying out the purposes of the said Act:-

 

1          Short title.-

 These rules be called the Punjab Village Common Lands (Regulation ) Rules, 1955.

 

2          Purpose for which the Shamilat deh may be used:-

(1)        The Panchayat shall make use of the Shamilat deh vested in it under the Act, either itself or through another, in the manner set forth below:-

(a)         When it is cultivable land, for any one or more of the following   purposes:-

(i)         model farm:

(ii)        better seed farm:

(iii)       nursery or garden:

(iv)       production of fodder:

(v)        dairy farm :

(vi)       grazing of cattle,

(vii)      tree plantation, or

(viii)      any other kindred common purpose.

(b)        When it is non- cultivable lands for any one or more of the following purposes.-

(i)         dyeing and tanning of skins :

                                    (ii)        storage or fuel and fodder;

(iii)       brick kilns, extraction of shora, sand stones, kankar bajri and other     minor minerals;

(iv)       cremation or burial ground ; or

(v)        any other kindred common purpose;

(c)        When it is near the abadi deh, for any one or more of the following         purposes:-

(i)         manure pits;

(ii)        public latrines;

(iii)       pathways and drains ;

(iv)       playgrounds, recreation parks, and children's parks;

(v)        planting of trees :

(vi)       leasing out, for the purposes of abadi, to a family having insufficient   accommodation;

                                    (vii)      schools, library or reading room;

(viii)      maternity or first-aid centres;

(ix)       hospital or dispensary ;

(x)        veterinary hospital or dispensary;

(xxi)     vehicle park ;

(xxii)     Panchayat ghar and janj-ghar ;

(xxiii)    ponds and fisheries ;

( xxiv)   wells, hands-pumps and waterworks; or

(xxv)    any other kindred common purpose.

 

 

3          Terms for saving existing possession-

(i)         If a tenant or a member of his family, or previous co-sharer, is proved to be in cultivating possession of land for 20 years or more, he should be allowed to cultivate the land on the same terms and conditions as applied to him on the appointed date:

Provided that, if such a person also owns land, he will not be entitled to the benefit of this provision if, on the appointed date the area of the land owned by him is 10 acres, he will benefit by this provision only to the extent of the difference between 10 acres and the area owned by him on the appointed date, provided further, if such a person wants to purchase such land he shall but only to the extent defined in the first proviso, be allowed to do on application made to the panchayat and on payment of money according to the scale laid down in the Punjab Occupancy. Tenants ( Vesting of Proprietary Rights) Act 1952.

(ii)        Where a person has built a house or erected any other structure on the shamilat  deh, the panchayat may allow such person to retain possession of the site by-

(a)        selling it to him at the rate of Rs. 4 or 2 per square yard, as the case may be,    provided that, the person concerned it unable to pay the entire amount immediately, it shall be recovered in three years, by yearly installments ; or

(b)        leasing out the site to him at the annual rate of three pice or an anna per square    yard, as the case may be.

(iii)       The terms and conditions for sale or lease of land as provided in sub- rule (ii) above shall be determined by the panchayat.

 

COMMENTS

Rule 3 (ii) of the said rules specifically deal with built up houses or erected structures on the shamilat land. The language of Rule 3 (ii) makes it clear that the panchayat, in the sale is determining authority of the circumstances warranting the transfer of land under encroachment of the person who has raised structure over it. The Collector of the District does not figure anywhere in Rule 3(ii) of the said rules and hence his approval is not necessary to a case falling under the said rule1.

 

4          Lease to be by auction.-

(i)         All leases of shamilat land shall be by auction.

(ii)        Only cultivable land may be auctioned on a long term lease, while non-cultivable  land small not be leased for a period exceeding five years.

(iii)       All lands near the abadi deh vested in the panchayat and used for industrial purpose shall be leased out for one year or more, as the case may be, by auction in February every year.

(iv)       All ponds used for the plantation of singharas and for stocking fish shall also be auctioned in February every year.

(vi)       The panchayat may auction, in February every year, surplus and useless trees growing on shamilat deh.

(vii)      The long term lease of cultivable land shall be auctioned for rent in cash, in the month of February (Phagan), the maximum advantage of the panchayat, and the annual lease money shall be payable in February every year.

(viii)      In the case of annual lease, one-fourth of the amount of the bid shall be paid by   the bidder on the spot and the remaining three- fourth before possession of the land is delivered to him.

(ix)       In every case of lease, a lease deed shall be duly executed by the lease, who shall be bound to surrender to the panchayat possession of the land leased to him if he defaults in the payment of rent subject to the relevant provisions contained in the Punjab Tenancy Act, 1887.

 

5          The use of shamilat deh by residents-

 (i)        All pasturable land may be utilized by the  residents of the village for-

(a)        Grazing purposes; or

(b)        collecting dry fuel wood from the jungle on terms laid down by the   panchayat.

(ii)        open spaces near the abadi deh may, with the previous permission of the panchayat and in the manner laid down by it, utilised by the inhabitants of the village for threshing the harvest.

(iii)       All inhabitants of the village are entitled to purchase or lease non-cultivated shamilat land form the panchayat, for residential, commercial or industrial purposes, on the terms and for the period settled by the panchayat, but all such leases or sales shall be subject to the approval for the Collector of the district.

(iv)       All inhabitants of the village are entitled to the use of open spaces for manure pits and the panchayat may also allow land for 'baras' on suitable payment. Before, however, allowing any open space to be used by the inhabitants in this manner, the panchayat shall consider the genuineness of the necessity.

                      

COMMENTS

Reading of Rule 5 (iii) of the 1955 Rules, shows that it concerns with the non- cultivable Shamilat land belonging to panchayat, which may be acquired or sought to be acquired by the inhabitants of village for residential, commercial or industrial purposes. It does not apply to the case where construction has already been made by any inhabitant of the village on a particular part of shamilat deh.

 

6          Maximum area that may be leased by the panchayat:-

(i)         The panchayat shall not lease cultivable shamilat deh to persons having a holding   of 10 acres, or more and to a person whose holding is less than 10 acres, the area of cultivable shamilat deh that may be leased to him by the panchayat shall be such that the total of the area leased and the holding shall not exceed 10 acres.

(ii)        The panchayat shall not lease more than one acre of shamilat and near the abadi to any person.

 

7          Land to be used free of charge under section 10 (2) (f) of the Act:-

The panchayat may allow the use of shamilat deh vested in it free of charge to the inhabitants of the village for any one or more of the following purposes:-

(a)        threshing or winnowing of harvest:

(b)        grazing

(c)        steeping of hemp or any other plant in ponds

(d)        residential purposes to the members of the Scheduled Castes and Backward Classes:

(e)        any other common suitable purpose.

17A      A panchayat may, with the sanction of the Collector, hypothecate the land vested in it under the Act for the purpose of borrowing money from the Government for the improvement of such land.}

 

7B       A panchayat may, with the previous approval of the Government, sell the land vested in it    under the Act for :

(i)         the purpose of construction a building for Block Samiti office or any department of or institution recognized by the Government ;

(ii)        the purpose of any industrial or commercial concern; or

(iii)       executing such a scheme as may be a source of recurring income to the  Panchayat:

Provided that the Government shall not approve a sale referred to in clause (ii) or (iii) above, unless there is unanimous resolution of the Panchayat for effecting such a sale}.

 

7C       A panchayat may with the previous approval of the Director of Panchayats Punjab, gift the land vested in it under the Act for the purposes of such hospital, dispensary or educational or charitable institution as may be recognized by the Government.

 

8          Utilization of the income under Section 6 of the Act:-

The income derived by a panchayat from the use and occupation of the land vested in it shall be utilized for the common good of the village, as laid down in the Punjab Gram Panchayat Act, No. IV of 1953 and for the improvement, maintenance and management of the shamilat deh.

 

9          Maintenance of form. -

The Panchayat shall maintain the under mentioned forms for the management of shamilat deh.

(i)          Map containing the description of shamilat deh ( Form 1).

(ii)         Map containing the description of the shamilat deh along with land revenue etc.

(iii)        Account ledger of the sale- proceed ( Form II).

(iv)        Agreement register for leases or pattas ( Form III).

(v)         Account ledger for rents and receipts ( Form IV).

(vi)        A register of tenants ( Form V).

(vii)       Counterfoils of receipts (Form VII).

(viii)       Register showing expenditure ( Form VII)

(ix)        Form of lease deed ( Form VIII) ( Forms omitted).


1 (excess) substituted for (surplus) by Pb 2nd Amendment Rules 1967; dated 18-7-1967

1 Omitted substitution by the Pb Amendment Rules 1976, dated 9-11-1976

3 Rule 19 omitted by Pb 2nd Amendment 1967; dated 18-7-67

4 “of” inserted by Hr Ist Amendment Rule 7

1 1982 PLJ 337-1982 RLR 458 (Bachna vs Pb State etc.)

2 Rule 20 substituted by Hr Amendment Rules 1976; dated 21-10-1976

3 (On some…) added by Hr Amendment Rules 1977; dated 7-1-1977

4 (by registered post) substituted by Hr Ist Amendment Rule 7

5 Rule 20-A added by the Pb 3rd amendment Rules 1978

1 2980 RLR 642-1980 PLJ 438-1980 AILLR 331-1980 PLR 507 (Pritam Singh vs Collector Patiala)

2 Rule 21 substituted by Hr Amendment Rules 1976; dated 20-10-76

1 (: ) substituted for (:- ) by the Hr 2nd Amendment Rules 1976 and by the Hr. Ist Amendment Rules 1979; Rule 8,

1 (See Rule 22 (2)) Inserted by the Hr 2nd Amendment Rules 1976; dated 21-10-76

2 (lease money or) inserted after word (lease) by the Hr 2nd Amendment Rule 1976, dated 21-10-76;

1 (See Rule 22 (2)) Inserted by the Hr 2nd Amendment Rules 1976; dated 21-10-76

1 (See Rule 22 (2) added by the Hr. 2nd Amendment Rules 1976; dated 21-10-76

1 (See Rule 22 (2) added by the Hr. 2nd Amendment Rules 1976; dated 21-10-76

1 1977 PLR (SN 5)P5

1 Inserted by the Govt. Note N; 603; dated 10-6-58