LexThe Punjab Village Common Lands Regulation Act, 1961
Punjab · state statute
Open in Lexace · Ask the AI about this actThe Punjab Village Common Lands Regulation
Act 1961
Punjab Act No. 18 of 1961
Received the assent of the President of India on 22 nd April, 1961 and was first
published in Punjab Gazettee (Extraordi nary) Legislative Part -I, dated 4 th 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 tw elfth year of the Republic of India as
follows:
The Punjab Village Common Lands Regulation
Act 1961
1 Short title Extent and Commencement
2 Definition- In this Act, unless the context otherwise
requires
3 Lands to which this Act applies
4 Vesting of rights in Panchayat and non-proprietors
5 Regulation of use and occupation, etc of lands vested
or deemed to have been vested in Panchayats
6 Appeal
7 Power to put panchayat in possession of Shamilat
deh
7A Commissioner under this Act to exercise
8 Saving of existing Possession
9 Utilisation of Income
10 Bar of Compensation
10A Power of the Collector to cancel or vary leases etc. of
lands vested in Panchayats
11 Decision of claims of right, title or interest in
Shamilat deh
12 Finality of orders
13 Bar of Jurisdiction in Civil Courts
13A Penalties and procedure
13B Provisions of this Act to be overriding
14 Indemnity
14A Saving
15 Power to make rules
16 Repeal and Saving
SCHEDULE-A
1 Short title
2 Definitions
3 The manner in which and the purposes for Shamilat
deh may be used
4 Terms for saving existing possession
5 Exchange of land
6 Lease to be by auction
6A Lease of Kallar (salt) land in Shamilat deh for
reclamation
7 Lease of lands in Shamilat deh to Collective Farming
Co-operative Societies
7A Lease [contranct or agreement detrimental to the
Interests of Panchayat
7B Manner of payment of compensation assessed by the
Collector
8 Use of Shamilat deh by residents
9 Maximum area to be leased out
10 Land to be used free of charge
11 Purposes for which land may be hypothecated
12 Purpose for which land may be sold
13 Purposes for which land may be gifted
13A Gift of land to members of Scheduled Castes and
Backward Classes for residential purpose
14 Utilization of the income from the shamilat deh
15 Payment of compensation
16 Procedure where a Panchayat sues or is sued in its
representative capacity
16A Non- cooperation of member
17 The manner and the order of priority in which the{
excess} area is to be utilized by the Collector
18 Demarcation of the surplus area
19 Unauthorized occupation of shamilat deh
20 Issue of notice to show causes against order of
eviction
20A Damages
20B Scope and Applicability
21 Eviction of unauthorised persons
22 Maintenance of forms
23 Repeal
APPENDIX- A
THE PUNJAB VILLAGE COMMON LANDS ( REGULATION)
ACT, 1953
APPENDIX –B
THE PUNJAB VILLAGE COMMON LANDS REGULATION
RULES, 1955
The Punjab Village Common Lands Regulation
Act 1961
1. 1. Short title Extent and Commencement:-
(1) This act may be called the Villa ge Common Lands (Regulation) Act,
1961.
(2) It extends the whole State of Punjab.
(3) It shall come into force at once.
2 2 Definition- In this Act, unless the context otherwise requires.
1[1(a) “Collector” means the collector of dist rict and includes any officer
appointed by the State Government fo r 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.
1 Substituted by the Pb. Act 19 of 1976, section 2(1)
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 13 th April
1987 .
The powers of collector have been delegated to the following officer
district mentioned against their names.
Punjab Village Common Lands Regul ation Act, 1961 (Punjab Act No 18
of 1961), the President of I ndia 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 20 th 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 commi ssioner of division and includes any
other officer not below the rank of a Joint Director Panchayats, appointed
by the State Government for perfor ming the function of commissioner
under the Act;
(b) “Displaced person” means a person defined as such in the East Punjab
Displaced Persons (Land Re-settlemen t) Act; 1949 or the Patiala and East
Punjab State Union Displaced Person (Land Settlement) Ordinance 2006
BK.
1(bb) “Hilly area” means:
(i) (i) [2Kangra, Kulu and Shimla Districts and the District of
Lahaul and Spiti (transferred to H.P).
(ii) (ii) Dhar Kalan Block in Gurdaspur District (in Punjab)
(iii) (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) (iv) 1[Ropar, Majri, Nalagarh, Manimajra],Raipur Rani,
Naraingarh, Bilaspur and Chhachrauli Bock in Ambala District.
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.
(c) “House” includes a court ya rd whether walled or not.
(d) (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 Pancha yat 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, la nes, playgrounds, school s, 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, a ccording 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
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.
(iii) has been partitioned and brought under cultivation by
individual landholders before the 26th January,1950.
(iv) having been acquired before the 26 th 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 fo r 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 cultiv ating possession of co-shares
not being in excess of their respective shares in such
shamilat deh on or before the 26
th January, 1950, or
4[(ix) was being used as a pl ace of worship or for purposes,
subservient thereto, immediately before the commencement
of this Act].
(h) “Shamilat Law” means:-
(i) (i) in relation to land situated in the territory which
immediately before the Ist November, 1956, was comprised in
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.
State of Punjab, the Punjab Village Common Lands( Regulation)
Act, 1953, or
(ii) (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) (i) “State Government” means the Government of the State of
Punjab.
3. 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, ti tle 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 be fore 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 Pa nchayat and non-proprietors.-
(1) Notwithstanding anythi ng to the contrary contai ned in any other law for
the time being in force or in any ag reement, instrument, custom or usage
or any decree or order of any court or other authority, a ll 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 reve nue 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] wit hout payment of rent or by
payment of charges not exceeding the land revenue and cesses
payable thereon.
1 Inserted by the Punjab Act No. 19 of 1976, section 3
(iii) rights of a mortgagee to wh om 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 v illages have a common Panchayat,
Shamilat deh of each village shall be util ised 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 tikka s in a
village, the Shamilat tikka shall be utilised a nd 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 settlem ent of landless tenants any other
tenants ejected or to be ejected of th at 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
1 Third Proviso submitted by the Pb. Act 19 of 1976, S 4(a)
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-s ection (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 containe d 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 d eemed 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 c onfirm, reverse of modify the act
decision or make such other order as he thinks to be just and proper.
(2) (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 applicatio n 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 maki ng such enquiry, as he may think fit
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.
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 ex ecution of a decree for possession of
land under the Punjab Tenancy Act,1887.
(2) (2) An appeal against the orde r 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 ex ercise powers under Punjab Act 31 of
1973.-
For the purposes of appeals under sectio n 9 of the Punjab Public Premises
and Land (Eviction and Rent Recovery) Ac t,1973 hereinafter referred to be the
said Act in relation to lands vested or d eemed 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 de h immediately before it vests or is
deemed to have been vested in a Panc hayat under this Act, a person is in
cultivating possession and his uncut a nd ungathered crops are standing
thereon, he shall not be ejected fro m such land, unless his crops have
ripened and he has been allowed reasonable time to harvest them.
4(2) Any person................
9. Utilisation of Income :-
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.
Any income accruing from the use and occ upation 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 cont ained 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 a nd 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 r ecord 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 contra vention of any of the provisions of
this Act or the Rules made there under ;
(ii) has been entered into as resu lt of fraud or concealment of fact ; or
(iii) is detrimental to the interest s of the panchayat as prescribed; the
Collector may, notwithstanding anyt hing as aforesaid, cancel the
lease, contract or agreement or vary the terms thereof
unconditionally or subject to such conditions as he may think fit ;
1 Inserted by the Pb. Amendment Act 19 of 1964; section 4.
Provided that no order under this sub-section shall be passed by the
collector without affording reas onable 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), th e 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 par ties 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 en titled 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 th e 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) (7) Any party to a lease , contract or ag reement 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 panchaya t 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) (2) Any person or a Panchayat aggrieved by an order of the Collector made
under sub- section (1) may, within sixt y 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 afte r 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 fina l and shall not be cal led in question in
any court by way of appeal or revision or in any orig inal 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
1 Section 11,12 & 13 substituted by Pb. Act No. of 1976; section 7
(c) (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 la nd vested or deemed to have been
vested in a Panchayat under this Ac t 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 o ffence punishable under th is Act, shall be
punished with the punishment provided for the offence.
(3) (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 ha ve effect, notwithstanding to the
contrary in any law or any agreement, in strument, custom, or usage or any decree
or order on any court or other authority].
14 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.
1[14A Saving:-
2 New Section 13A and 13B added by section 8 of the Pb.Act No. 19 of 1976.
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) (b) entitle or shall be deemed ever to ha ve 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 Fo rest Act, 1927, in contravention of the
provisions of that Act or the Rules made thereunder.]
15 Power to make rules:-
(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 prej udice 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 ma ke 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, entrie s, 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 circumst ances in which any such land may be
disposed of, transferred or sold ;
1 Inserted by the Pb. Amendment Act 19 of 1964; section 3.
(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) (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
SCHEDULE-A
1 Short title:
These rules may be called the Punjab Village Common Lands (Regulation) Rules,
1964.
2 Definitions :-
In these rules, unless the context otherwise requires-
(a) "Act" means the P unjab Village Common Lands (Regulation) Act, 1961.
(b) (b) "Form " means a form appended to these rules.
1 Inserted by the Pb. Amendment Act 19 of 1964; section 9
(c) (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) (d) "Sabha Area" means an area declar ed to be a "Sabha Area" under
section 4 of the Punjab Gram Panchayat Act 1952
(e) (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 th e 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 gard en or any other horticultural purpose ;
(iv) produc tion of food, fibre or fodder crops ;
(v ) Diary farm ;
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.
(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) Stor age 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 libra ry or any other structure for
educational Purpose ;
(xviii) Ma ternity 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 ;
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
(xxiv) Wells, hand pump, wa ter 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 Governme nt 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 ) Ru les 1964, being null and void, gave him
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)
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 er ected 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) (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 en tire 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 appoint ed by him for the purpose at the
rates prevailing at that time.
(2) Subject to sub-rule (1), the term s 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]
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[" 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)
COMMENTS
Conditions required for exchange are laid down in the case 3 where under
section 42 the East Punjab Holdings ( C & PVF) Act, 1948, exchange of
Panchayat land was allowed with the land of right holders, solely on the basis of
the consent of the Sarpanch, it was held that exchange is in contravention of the
provisions of Rule 5 of the 1964 Rules4.
6 Lease to be by auction. ( Sections 5 and 15 (2) (f) of the Act).
(1) 5[Subject to the provisions of sub- rule (1) of rule], all leases of land in
Shamilat deh shall be by auction after ma king publicity in the manner laid
down in sub-rule 10. All documents executed in this connection shall be
signed by a sarpanch or in his absence,
6[by Naib Sarpanch or in the
absence of both] by a panch performi ng the duties of sarpanch and two
other panches of the Gram Panchayat 7[two other panches authorised for
the purpose by the Gram Panchayat.]
Provided that:-
2 Proviso added by the Pb. Ist amendment Rules 1978; dated 8-2-1978.
3 1970 PLR 442-1970 RLR 549 (G.V.M. V. Haryana State)
4 1971 PLJ 751 (DB) Dhaje Ram etc Vs. G.S. of V. Manana
5 Omitted by Rules3(1) of the Pb. V.C.L.(R ) Hr. Amendment Rules 1982.
6 (by Naib Sarpanch….) omitted by Pb. Ist Amendment Rules 1979 Rule 2(I)
7 Substituted for (two other panches of the gram panchayat ) by Rule (ii) of the Pb. Ist Amendment Rules
1974 Rule 3(1).
1(a) “ Out of the cultivable land proposed to be leased, thirty percent
ten percent and ten percent, resp ectively shall be reserved for
giving on lease by auction, to members of the Scheduled Caste;
Backward Classes ; and dependant s of defence personnel killed
in any war after the independence of India.
Explanation:- if on two different dates fixed for auction, no such
person is forthcoming or the Panc hayat Samiti refuses to confirm
the auction, under sub clause (1) of clause (a) of sub- rule (2), the
reservation shall cease to have effect, and]
( b) any sarpanch or panch or memb er of his family such as father,
grandfather, mother, grandmothe r, wife, son, grandson, great
grandson or any other relative de pendent on him shall not be
allowed to bid for auction and to take land in Shamilat deh on
lease- in Hr. only
(a) One-third of the cultivable land proposed to be leased, shall be
reserved for giving on lease by au ction to the members of the
Scheduled Caste only and, if on two different dates fixed for
auction no such person is forthcoming or Panchayat Samiti refused
to confirm the auction under clause 2 (a) (i) the reservation shall
cease to have effect, and- in Pb.
2[(b) any Sarpanch 3[Naib Sarpanch] or panch or member of his or her
family such as father, father in-law, mother, mother-in-law,
grandfather, grandfather-in-law, grandmother, grandmother-in law,
wife, husband, son grandson or an y other relative dependent on
1 1 Substituted for proviso (a) by the Hr. amendment Rule 1979 Rule 3(i)
2 Substituted for (b) by Punjab Amending Rules 1976 D/9-11-1976
3 (Naib sarpanch) omitted by Pb. Ist Amendment Rules 1979 Rule 2(11);
him or her shall not be allowed to bid for the auction and to take
land in Shamilat deh on lease- in Pb alone]
(2) Lease of land in Shamilat deh already under plough shall not be given for
period exceeding two years, while that of land, not under plough and
infested with trees, bushes, etc. may be given for a period not exceeding
five years to the highest bidder. The auction shall be subject to the
approval of :-
(a) The Panchayat samiti-(i) where the area does not exceed 100 acres
and the highest bid of the lease atExcerpt shown. Open the full act in Lexace.