The Punjab Village Common Lands (Regulation) Act, 1961

1961 ; Ph. Act 18] THS PUNJAR VILLAGE COMION 07 LAMDS {REMILATION) THE PUNJAE VILLAGE COMMON LANDS (REGULATTONS) Ll ol L = 0. ACT, 1461, ARRANCEMEN'T GF DECTIDNS. . Short titls, extunt and commoncement, Definitions. Lands tp which this Act applics. Veating of rights in panchayals and nme-proprictots. Regulution of use and occopetion. ebe, of lands vested or deeméd to have been vested in pomohayats. Appeal Power to put pancha{afs in pogsession of lande vesied ot deemed to have boen vested {n iE Seving of existing possesaion, Vtilisatien of invome. Bar of compensalion, 10A. Power of collector to cancel of vary loases, cic, of 11, 12 13 14 Tands vested in Panchayats. Sales of land in Shemilet deh net to be pro-coplible” Hent of shamilat lends to e recuverable ge arrears of land revenus, Bar of jurisdiction of clvit cowrts. Indemmniby. 14A. Baving, 1. Fower Lo make rules. 16. Bepesl end saving, 1341 - Fh. Act 1B THE PUNJAR VILLAGE COMIIGN 109 LAKTH (FEGULATION } "TIIE PUNJAB VILLAGE COMMON LANDS (REGULATION) ACT, 1961. (Prniae AcT No. I8 or 1861), [Received the qssent of the President of Indic on the Z2nd Aprit, 1961, and firsi publisked for geacral Y informadion i the Punjab Government Gazette (Extruordingry}, Lepistative Supplement, of the dth May, 1961]. Yer Shi il repelal or othoowise Tecied By legislnion 1961, 15 The Twal by Tnjth Act W, 190 Comman Lands [Ragu- 13541, Titicm| Act. 1961 Allv"\lél;gkdbrpa"‘jflh AdNo 13 of Avwhdal be rhe Pullfab Henrg®nie widn (ChAndigdrk) Adkpiaton af Lavyom Biage anl Cugupeid __ Subiecis) frder, 95, Aer to consalidate und amend the law regulating the vights in shemilat dek and abadi deh. Be it ¢nacled by the Legislalure of the Siate of Panjab in the Twelllh Year of the Republic of India a5 follows 1 — L (1) This Act may be called the Punjab Village ::‘g::;‘lng Ceommon Londs {(Regulalion) Act, 1961 ammences - TEnt . (2) It etxends to the whele of the *[Union Terri- - tory of Chandigarh]. WFor Stafement of OLjrcts and Rcasons, see Pijul Goveroment Gazeite (Exirpordinary). 103, pege 15UZ N “For Siateroenl of Dbieets and Fousana, see Punisl Government Gazelte (Exleaordinary), 198, page 35 AFrne Stelement ol Objecls and Kewsans, fer Punjsh Governent (Fazelle !Exlravdinacy), MBS, page 30 ) isubetltuied tor the werdy “Blate of Punjab™ by the Punjsh Reorganisailon (Chandigarh) {Adaptetlon of Lewsz oo Slatg angd Cuncotrent Subjreta) Order, 1968 110 THE PUNJAD VILLAGE cOMMON (1961 @ Pb. Art 1B LANDS { REGITLAVION) GreBrikioty. 2 In this Act, unless the context otherwise Tequires,— (z) “Collector” means the Collector of the distrlet in which the village is situated and ingludes an officer, not below the rank of an Assistant Collector of the Pirst Grade, appolnted by the '[Cenbral Government] w perform the functiong of a Collector under this Aet ; (B) “displaced persons'” means a person defined ag such in the East Ponjab Daplaced Per- sons (Land Resetlloment) Act, 1948, or the Patiala and East Punjak States Unipp Dis- placed Pemsons (Land BResettlement)y Ordi- nance, 2006 BK.; *[{bBY “hilly area” means the hani Majra block of Tnien Terrilory of Chandigarh]; {c} "house” includes a courtyard whether walled or not; () "inhabitant of a village" means a persen, whether 4 proprictor or a non-proprietor, who ordinarily resides in the village - Provided that tomporary absence or absenee in relation te cmreloymen) elsewhere shalt not affret his residence in the village ; (e} “panchayat” means a2 panchayat constituted of continued under the Punjab Gram Pan- chiyat Act, 1952, gr the DPepsu Panchayat Raj Act, 2008 Ek., and includes a municipal committee of & municipality of the third class declared as such bw seclion 10 of tho Pepsu Municipal (Amendment) Act, 1956 : {f) “preseribed” means preseribed by rules made under this At ; “ignbsiilated dor the, words “Sate Government” by i, Bubstituued by ibid, 1561 : Pb. Act 18] THE FMINJAD VILLASE COMMON 101 LANDS {HEGULATION) (9 ‘shamnilat deh’ includes— {1} lands described in the revenue records as shatnilet deh excluding abadi deh ; {2} shamilat tilkas ; (%) lands described in the revenue records as shamilat tarafs, pattics, pannas and . ] tholas and used according to revenue records for the benefit of the village SOMInuRity or a part thereof or for corn- mon purposes of the village ; {4) lands used or reserved for the benefit of village cormmunity including streets, lanes, playgrounds, schogls, drinking wells, or ponds within abadi deh or gorah deh ; and {5y lands in any village desoribed ag banjay gadim and used for common purposes of the village according to revenus reoprds : Provided that shamilat deh at least to the extent of twenty-live per centum of Lhe tatal area of the village does not exist In the village ; ) but does not include land which-— (&) bacomes or has become shamilat deli due {o river action or has been reserved as shamilay in villages subject to river action except shamilat deh entered as= pasture, pond or pleyground in the "’ revenie records ; (33) has been gllotied on quasi-permanent basis to & displaced person : (it} has been pariitioned ang brought under cultivation by individua] landholders before the 26ih January, 1850 ; 312 THR FUNJAB VILLAGE COMMON (1061 @ Ph, Act 18 LANDS {RECULATION} (iv) having been acquired before the 26th January, 1950, by a person by pur- chage or in exchange for proprietary land from a co-sharver in the shamilat deh s 5o recorded in the jamabandi or is supported by a valid deed ; . (v} is described in the revenue records as shamilal taral paitis, pannas and tholg and not used aceording to reve- nue records for the bencfit of the village communily or a part thereof at far cormon phitposes of the village; (i) lies outside the abadi deh and is used as gitwar, bara, manare pit or house or for cottage industry ; [iwiii] . * = * - L) (i) was shamilal deh, was assessed to land revenue and has been in the indivi- doal cultivating possesdion of eo- sharers not heing in excess of their respective shares in such shanilat deh on or before the 26th January, 1950; or (fr) iz used az a place of wordship or for purpuses subservient thereto ; (R} “shamilat law" means— (i) in relation o lang situated in the territory which immediately before the st oy ember, 1996, wag cormprised in the State of Punjab, the Punjab Village Com- mon Lands {Regulation) Act, 1953; ur * I (ii)] Ll - L H o Subeclatae [+ii) of ¢lagee {g1 cmitted hy the Punjab Reorgant- aotion Cherdigarht (Adaplidicn of Laws an S1ate edd Concushent Subjects) Order, 1963, 2Fnburlanse Qi) of cleuse () omlited by i 1961 : Pb. Act 18] THE PURIAR VIILAGE COMNION 113 LANES {REGULATION ) lt(i)] * * L] » 3. (1) This Act shall apply, and before fhe Lamdefo commencerment of this Act, the shamilat law shall be Act spplien. deemed always to have applied, to all Jands which are shamilat deh as deflned In clavse (g) of section 2. whip {2} Nolwithstanidng anything contained In sub- gection (1) or section 4, where any land has vested in a panchayat under the shamilat law but such lang hes been excluded from shamilat deh as defined in clauge (g} of saction 2, all rights, title and inferest of the Panchayat in such land shall, as from the commence- ment of this Aet, cosse and such rights, title and interest shall be revested in the person or persons in whom vested immediately before the commence- ment of the ghamilat law and the panchayat shall deliver possession of such land fo such persen or perscns Provided that where 2 paochayat is unable to deliver possession of any such land on apcount of ite having been sold or utilised for any of its purpises, the rights, title and interest of the panchayat in syeh land shall not so eease but {he panchavat shall, notwith- standing anything contained in section 10, pay 1o the . person or persons entitled to such land compensation ' to be determined in apcordance with such principles and in such manner as may be preserihad, 4, (i) Notwithstanding anything to the contrary Joioe o contained in any other law for the time being in force Pancheymts or in any agreement, instrument, custom or usage of ;’:‘;m any decree or ordey of any court or other authority, all »y rights, {itle and interests whatever in the lapd,~ {8) which is included in the chamilat deh of any village and which has not vested in & pan- chayat under the shamilat Iaw shell, at the commencement of this Act, vest in a pan- chayat constituted for such village, and, ICtuuse (it Bt be decmed bo have bean amitted by the Puntah Resrganisalion !Chamig:;h] (Adaptalion o7 Lawe on Etabe snd Crncurrent Sublecst) et 106E. PRI 114 THE PUNJAB VILLACYK conauoy (1861 : Ph. Aet LR EANDS (HEGULATION) where ng such panchayat has been constitu- ied for such village, vest in the panchayat on such date as a panchayat having jurisdle- tlon over that village is constituted ; (2} which is situated within or outside the abadi deh of a village and which {5 under the house owned by a nun-proprietor, shall on the commencement of the shemilat law, be deemed to hawve besn wested in sueh non. proprietor, (2) Any land which is vested in a penchayat uwnder the shamilat law shall be deemed to have been vested in the panchayat, under this Aet, (3) Nothing contained in clause (a) of sub-section (1) and in sub-section (2) shall affect or shall be deem= ed ever to have affected the— (i) existing rights, title ov Interest of persons who though not entered as occupancy tenanis in the revenye roeords are accorded a similav status by custom or stherwise, such a8 Dholidars, Bhondedars, Butimars, Basl- khuopahus, Savunjidarvs, WMugsraridars ; ' (#i} rights of pertons in cultivating posgession of shamilat deh for more than twelve years without payment of reot or by payment of charges not exeeeding the land revenue and cesies payable therenn ; (i) vights ol g mortgages to whom such land is mortgaged with possession beforg the 26th Janueary, 1950, & () All lands wested or deemed to have been vested in 2 Panchayat under this Act shall be utilized or disposed of by the Panchayat or the henefit of the inhgbitants of the village concerned in the manner pregeribad ! 1%61 . Pb. Act 18] THE PUFIAR VILLAGE COMMON 115 LAYDS {REGULATION] FProvided that where two or more villages have & eommon Panchayat the shamilat deh of each village shall be utilised and disposed uf by the Panchayat for the benefit of the inhabitantz of that village. Provided further that where there are twe op mare shamilat tikkag in & villgge the shamilat tikke shal] be utlised and dispused of by the Panchayaf for the benefit of the inhabitanis of that fikka = Provided further that where the aren of land in shamilat deh of smy willage so vested or deemed fo have been wvested in 8 Panchayat is in excess of twenty-five per cont of the total aves of that village {excluding &badf deh) then fwenty-fiva per cent of such total area shall be left to the Panchayat and gut of the remaining area of shamilat deh an arca up to the extent of tweyt-five per cemf of such tota]l zrea shall be utillzed for the setilement af Ilandleas tenants and other tenants ejected or to be ejected of that village and the remain- ing area of shamilat deh, if any, shall be ytilized for distribition to the small landowners of that vilage subject to the provisionsz relating to permissible area and permissfble limit of the Punjab Serurity of Langd Tentires Act, 1853 and the Pepsu Tenaney and Agri- eultural Lands Act, 1955, as the rase may be, by the Collector in consultation with the Panchayat in such rmanner as may be prescribed. (2) The area of shamilat deh to be wutilised for the purpaoses of the third proviso to sub-section (1) shail e demareated by sueh officer in consultation with the Panchayat and in such manner as may be preseribed. (3) The State Governmen! or any officer anthoris- od by it In this behalf may from time to time, with a view fo ensyring compliance with the provision of the second proviso to sub-section (1} or sub-section (2), isstie to any Panchayat such divections as may be deamed necessary, 116 THE PUNJAE VILLAGE commow |[EREL ; Ph, Act 14 LANDS {REGULATION ) [*(4) Nothing contained in the third proviso to sub-section (1), and in sub-sectlon (2) and sub-section (3), shall apply to the hilly area.]. i 6 (I} If any porson iz aggrieved by an act or decision of a Panchavat nnder section 5, he may, within thirty days from the date of such act or decision, appest to the Collector who may confirm, reverss or modify the aet or decieion, or make such other order os he thinks to ba just and proper. fina) {2} Theappellate order of the Coilector shall be A Y. (1) An Assistant Collector of the firet grade pos- having jurlsdietion in the village shall on an applica- Forlon of lands tion mace to him by 2 Panchavat, after making such «d tn heye been BUMIMAry emquiry as he may think fit and in accord- vested In - ance with such procedure as may be prescribed, put the Panchayat in possesion of the land or other #m- moveable property in the shamilat deh of that village which vests or 38 deemed to have been vested in it under this Act and for so doing the Assistant Collector may exercize the powers of & reveriue court In relation ta the execution of a decres for possesslon of land iider the Punjah Tenawcy Act, TRR7. (2) An Assistant Collector of the first grade having jurisdiction in the village may, either suo motu or on an application made fo him by 2 Panchayat or an In- habitant of the village 2jest in the mammer and in acgordance with the proceduve vefavred to ih Sub-sec- tiom (1), any persot wha is in weongful or unanthorized podsezsion of any land or other immovable property in the shamilat deh of that village which vests or ls td:emed to have heen vestad in the Panchayat under Is Aot {#) An appcal against the ovder of the Assistant Collertor shall lie to the Collactar, {2} An appeal against the appellate ordsr of the Colleetor shall lie to the Commissioner *Adiled hy Thenjah Az W 10 of '19.31. 1907 ¢ Pl Acf ZB] TIE SUNJAL VILLAGE COMMON 1n7 TANDE [BRGTLAYTON) {7} The periad of limitation for an appes] under sub-sections (2) and (3) shall run from the date of the order appealed againat, and shall be— (@) thitty days, when the appeal lies {o the Collestor ¢ and o (by sinty days, when the appesl lies to the Commissioner. 8. (I} Where on any land in the shemilat deh Saving of ex- immediately before it vests ur is deemed o have been BHNE poss- vested in a Panchayal under this Act, a person is in cultivating possesion and his unent and ungathered etaps are slanding thereon, he shall not be ejested from such land unless the crops hove riponed and he has been aliowed reasonable time to havvest them. (2) Any person aggrieved by any defermination made by 2 Panchayat under sub-section (I} may, within thirty days thereof, appenl to the Choflecter whose decision thereon shall be final, 9. Any income accroing from the use and otcupS- mibation of - tlonn of the lands vesied or deemed to have been vested orome in a Fanchayat shiall be eredited to {he Panchayat Fund and shal! be utilised in the manner presoribed. 1. No person shall he entitled e any compensa- g,, o f— Hon for any Inse suffered or alleged to have been prrsation. suffered as a result of the eoming nty fores of this Act or of the shemilat Tawr, . T(18-A. (I) Notwithstanding anything contairmfl?ogu of Col. rta 118 THE PUNFAE VILLAGE COMMON (1961 : Ph. Act 18 LANDS { REQULATION) the Punjab Village Common Land? (Begulation) Amendment Act, 1964, and examine such record for the purpese of satisfying himzelf as to the legality or pro- priety of such lease, contract or agreement. (2) Where, on examinstion of the record under sub-section (1) and after making such inquiry, if 2ny, as he may deem Rt, the Cellector is satisRed that such lease, contract or agreement-— (i} has been entered into in contravention of any of the provisions of this Act or the rules rmeade thereunder; or (i} has bren enteved Into as a resylt of frayd or coneealment of facts ; ot (il is detrimental 1o the interests of the Pan- chayat as preseribed ; the Collector may, notwithstanding anything ag aforesaid, can- cel the lease, contraet or agreement or Vary the terms thereef unconditionally or sub.- ject to zuch conditions ag he may think At - Provided that no order under this sub-section shall be passed by the Caollestor withot affording an opportunity of heing heard to the lzarties to the lease, contract or agree- ment. (3} Whera the terms of any laaze, eonfrast ar agteetient have been varied by the Collector under sub-ecction {2), the variation shall, notwithstanding anything contained in thiz Act or the Shamlat law or in any law for the time being in forea, be binding on the parties to the lease. contract or agreement, as the case MAY be 4) Where the lesste or the person with whom a contract or agreement has been entered into by a Pan- chayat refuses to accept the variatlon made by the Collector under thig section in the terms of hig lease. 1962 ; Pb. Act 18] 15 PrNaan VILLACE COMMoN it LANDS (REGULATION ) contract or agreement, such lease, contract or agree. ment, as the case may be, shall be deemed to be cap- celied by the Collector unger ihis section with effect from the date of such refusal, (5) Where under this section any lease, contraet ar agreement is cancelled or deemed to ha cancelled oy s terms are varied, the lessee or the person with Provided that no sych compensation shall be given for any remgis and indivect loss op damage sustained by reason of such cancellation or veriation, {3} Natwithstanding anything contuined in any law for the time being in force, the amount of com. Pensation awarded by the Collector under this section shall be payahle by the Panchayat in the prescribed manner and shall be g valig charge on the Sabhg fund, 11, Notwithstanidng anylthing eontained in i et lana tmptible and no decree of Pre-ernption in respect of any such sale shall be exocuted nfter the commence. ment of this Act. to have been vested iy it under this Act or the ghmfiht:(hl? o iy law shall be recoverghle as SITQATs of lamd revenue. °f nd rvemue 110 THE PUNIAH VILLAGE COMMON 1061 - Ph. Act B LARDY (REGULATION } Bar of Jurls- 13, Mo civit et shall have guy jurisdiction over detion of any matter arising out of the operation of this Act. inderanity, 14, Mo sail, prossention or other legal proceedings shall lia against {he State Guwtynment or any persan or authority for anvthing done or intended to be done in good faith in pursuance of the proviginns of this Act. Saving ‘[4-A. Fything comained in this Aect or the Shamilat law shall— {a) affect or shall be deerned ever to have affected any right of the J[Central Government in the Jand vested or desmed to be vested ina Pan- chayat under this Act | or (b} entitle or shall be desmed ever to hawe en- titled a Panchayat or any other authority undey this Act or the Shamflat law to ezercise any Tight or to do any get in respect of any Iand in the hilly arey vested or deem.- ad to be vesled in the Panchuyat whether such fand has or has not heen daclared 83 2 protected focest under section 29 of the Fndian Forest Act, 1027, in contraventlon of the provisions of that fiet or the rules made therennder. ], 15 (1 The [Central Cievernment] may, by noti- Lo to malke o tion in the Offieia] Gazette, make rules for cartying out; the pueposes of this Act. (2 In partienlar, and without orejudiee to the generality of the foregoing power, anch riles may pro- vide for— {a} the principtes on which and the extent to and the manper in which the inhabitants of the village shall make nse of the tandd vested RV . g afe Chocrrineend” hy o tRE Funjaly “aduplatioz af Tawa on Htnta and Haarganiey ha &1y Coneurren: Surderist Grder. 19068 1961 ; Ph. Act 18] THE PUNIAB VILLAGE COMMON iz LANDS (REGULATION} or deemad to have been vested in a pancha- yat ; (b} the mavimum and minimum area to be leased to any single person ; {¢) the prescribing of forms for such hooks, entrles, statistics and apcounts as may he considered necessary to be kept, made of complied in any office ov submitted to any autharity ; (d) determining the principles on which and the manner in which compenzation may be paid under suh-section (2} of sectlon § {e) the terms and conditions en which the use and oceupation of any such land is permitted. {fy the manner and circumstances in which any such land may be disposed of, tremsferved or aold ; t) the purposes for which any such land may be given free of charge ; {h) the regulation of procedure where 2 pan- chayat is used in its representalive capacity; {i) the manner and the order of priority in which the excess area shall be utilised by the Cellector under sub-section {1) of seetion b; {f) the officer by whom snd the manner in which the area of shamilat deh referred to in spb-section {2) of section 5 shall be demarcated ; and ) any other metter which can be or may he prescribed, Reperl and Saving. 122 tHE PUNIAB YILLAGE coMMON [1961 : Pb. Act 18 LANBS {REGULATION) 16. The Punjab Village Common Lands {Regula- tion) Aet, 1953 and the Pepsy Village Common Lands {Regulation) Act, 1954 are herehy replaced : Provided that anything donae or any action tzken under any law so repealed shall be deemed to have heen done or taken under the corresponding prevision of this Act, and shall contitue to be in force accord- ingly, anless and until superseded by anything done or any action taken under this Aet