COMMENTS
Conditions required for exchange are laid down in the case3 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 making 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 performing 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:-
1(a) “ Out of the cultivable
land proposed to be leased, thirty percent ten percent and ten percent,
respectively shall be reserved for giving on lease by auction, to members of the Scheduled Caste; Backward Classes ;
and dependants 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 Panchayat 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 member of his family such as father, grandfather, mother, grandmother,
wife, son, grandson, great grandson or any other relative dependent 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 auction 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 any other relative dependent on 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 at the auction is less than the average lease rate of
the similar land in the neighborhood for the last five years; 4[in the preceding year] or (ii) where
the area exceeds 100 acres, but does not 500 5[1000
acres,]
6[(b) The Zila Parishad- where
the area exceeds 500 acres but does not exceed 1000 acres.]
(c) the Government- where the area exceeds
1000 acres:
[1][Provided that the Panchayat
shall, within seven days of the date of auction, apply for approval of the
Panchayat Samiti, Zila Parished or the Government as the case may be, which
shall accord the approval within a period, not exceeding one month from the
date of auction the lease] :
Provided 2[further]
that on the application of the lessee made before the expiry of the lease, the
panchayat may renew the lease for a period not
exceeding two years at a time, if it considers that renewal of lease is
in the interest of better cultivation and is satisfied that the lessee has made improvement by rendering such land fit for
cultivation or has made improvements by digging a well or installing a pumping
set or a tube-well or constructing a pucca
structure on such land:
Provided further that the annual rent of such land for which
lease has been renewed shall be determined by the Collector or the officer
appointed by him for the purpose on the basis of market rental value of similar
lands in the neighbourhood.
(3) All lands near the
abadi deh vested in the panchayat and used for industrial purpose may
be leased out for a period not exceeding ten years by auction in February every year.
(4) All pounds used
for the plantation of Shinghars and for stocking fish may be auctioned in the
month of 3[March or April] September every
year.
4[(4)
Auction of every pond:-
(i) Used for
plantation of shingaras may be made on yearly basis in the month of 5[July]
every year, and
(ii) used for stocking fish may be made for a
period not exceeding ten years preferably in the month of September]:
6[Provided that where a Department of Punjab Government or of the
Government of India or a member of the Fish Farmer Development Agency sponsored
by the Government desires to take a pond on lease for rearing fish, the
panchayat may lease to such Department for a period, not exceeding fifteen
years or to such member for a minimum period of three years and maximum period
of five years on such terms and conditions, as may be agreed upon between
the parties-in Pb.]
1[(5) The leases of lands in Shamilat deh for extraction of
Shora, sand, stone, kankar, bajri and other minor minerals (as defined in the
Punjab Minor Mineral (Concession) Rules
1964) and grass, kahi and similar other products shall be auctioned at a
time to be determined by the Panchayat where it may be considered to be of
maximum advantage for the inhabitants of the village.]
2[5] The
lease of lands in Shamilat deh for extraction of shora, sand, stone, kankar, bajri and other
minor minerals as defined in the Punjab
Minor Mineral Concession Rules 1964, and grass, kahi and similar other
products, shall be auctioned at a time to be determined by the panchayat when
it may be considered to be of maximum advantage for all the inhabitants of the
village.]
(6) The Panchayat
may auction every year the surplus and
useless trees. All trees standing on
the land in Shamilat deh shall
be marked by 3[numbers of trees so marked] shall be
specifically mentioned in the auction notice and the lease 3[the sale] deed.
(7) The lease of
cultivable land in Shamilat deh shall be auctioned for rent in-cash ordinarily in month of
October or November 4[at a
time to be a determined by District Development and Panchayat Officer concerned
of his district] to the maximum advantage of the inhabitants of the village and
the annual lease money shall be paid as
under ;-
(a) for the first year of the lease, one fourth
of the annual rent shall be paid by the bidder on the spot and the remaining
three-fourth, before the possession of the land is delivered to him.
Provided that the possession of the land shall not be delivered
by the Panchayat to the lessees concerned earlier than February next. Where in
any land uncut or ungathered crops of the previous lessees are standing in any
part, the possession of that part shall be delivered when the crops have
ripened and the person concerned has been allowed a reasonable time to harvest
them.
(a)
For the remaining years of lease, if any, the annual rent shall
be paid in advance in February every year.
5[Rule 7-A (a) The auction lease of land in Shamilat
deh, shall be held in presence of :-
(i)
Social Education and Panchayat Officer of the Block 6[or the
Extension Officer authorised by the Block Development and Panchayat Officer),
where the land does not exceed twenty acres;
(ii)
Block Development and
Panchayat Officer of the Block where the land exceeds twenty acres but does not
exceed one hundred acres;
(iii)
District Development and Panchayat Officer of the District where
the land exceeds
one hundred acres;
(b) Where the
lease money in auction of Shaimlat deh is less than that of previous year, the
gram panchayat, conducting the auction shall obtain the approval of the
panchayat samiti on the recommendation of :
(i) The Block
Development and Panchayat Officer where the auction was held in the presence of
the Social Education and Panchayat Officer (or the Extension Officer);
(ii) The District Development and Panchayat
Officer-where the auction was held in the presence of Block Development and
Panchayat Officer;
(iii) The Divisional
Deputy Director Panchayat Raj-where the auction was held in the Presence of the District
Development and Panchayat Officer;]
8. In every case of lease, a deed shall be
duly executed by the lessee, and the lessee will surrender to the
panchayat possession of the land leased
to him, if he defaults in the payment of rent subject to the provisions of the
Punjab Tenancy Act 1887, 1[after
the expiry of the period of lease].
9. The Panchayat may by resolution passed in
this behalf entrust the auction of lease, of any land in Shamilat deh to
the panchayat samiti which may depute its executive officer to conduct the
auction, after giving due publicity in the manner specified in sub-rule (10),
at the cost of the Panchayat.
10 (1) The publicity to lease auction programme
shall be given fifteen days before the date of auction, by specifying the
description of land, of the date, time and place fixed for the auction of
lease:-
[(a) through any
[local] vernacular newspaper 2[with
wide circulation as approved by the Government] and where the auction of stone
quarries, bajri or other minor mineral etc. is to be held, also through an
English newspaper 2[with
wide circulation, as approved by the Government],
(b) by pasting a copy of auction notice on an
outer door of the panchayat ghar, village patwar khana, office of
Panchayat Samiti 3[and
Zila Parishad] and at some other conspicuous place of Shamilat deh or of
the estate in which the Shamilat deh is situated, and
(c) by beat of drum within
the Sabha area.
(2) The
terms and conditions of auction shall be announced at the time of auction.
1[(i) The auction of lease of any land in Shamilat deh
vested in the Panchayat, shall be
conducted in the presence and under the supervision of Block Development and
Panchayat Officer and in case of his inability, an Extension Officer of the
Block.]
(ii) The copy of
every auction notice shall be sent to the Block Development and Panchayat
Officer concerned, fifteen days before the date of auction.
(iii) The Block
Development and Panchayat Officer or the Extension Officer as the case may be,
shall present himself at every auction in respect of which a notice is sent to
him.]
2[6A Lease of Kallar (salt) land in Shamilat
deh for reclamation:
Where survey conducted by the department of the Government or by
an institution authorised in this behalf, it is found that the Shamilat deh
of any panchayat contains Kallar (salt) such panchayat may lease out the
said land withourt 3[by]
auction for the purpose of reclamation to (any person or) such Department or
the institution on the terms and conditions agreed upon, between the parties
for a period, not exceeding ten years on an annual rent of not less than ten
rupees per acre. The lease shall be subject to
the approval of :-
I The Panchayat
Samiti- Where the area exceeds 100 acres but does not exceed 500 acres.
II Zila
Parishad- Where the area exceeds 500 acres, but does not exceed 1000 acres.
III The
Government:- Where the area exceeds 1000 acres]
7 Lease of lands in Shamilat deh to Collective Farming
Co-operative Societies (Section 5 and 12(2) (f) of
the Act).
(1) Subject to the
provisions of Section 5 of the Act where in a village, cultivable area in Shamilat
deh is 200 acres or more, such land may be leased out without auction to
the Collective Farming Co-operative Society if any, constituted in the village
under the Punjab Co-operative Societies Act, 1961, on such terms and conditions
as may be agree to by the panchayat with the approval of the Zila Parishad
[Panchayat Samiti]. Where there are more than one Collective Farming
Co-operative Societies in a village the land in Shamilat deh may be
leased out to them in proportion to the strength of their members. The
Co-operative Collective Farming Society shall execute a lease deed in favor of
the Panchayat. The total period of the lease shall not exceed 5 years.
(2) Such lease shall be
subject to review by the Zila Parishad 1[Panchayat
Samiti] concerned annually so that the Panchayat of the society may not suffer
due to subsequent events which may affect the fertility or improvement in the
land.
(3) If, in any case, the Panchayat has
purchased a tractor or other equipment for the cultivation of the land in Shamilat
deh, the Co-operative Collective Farming Society may purchase or take on
hire such machinery and equipment on such reasonable price or rent as the case
may be, as may be mutually settled by the panchayat and said society.
(4) In case the Society used such land for any
purposes other than cultivation and purposes subservient thereto or violates
any terms or conditions of the lease or cease to cultivate such land
collectively in accordance with the bye-laws of the Society, the Panchayat may
resume the land without payment of any compensation ; or
2[(4) In case the society fails to comply with the terms and conditions
of the lease, the lease shall come to an end and the land shall revert to the
panchayat without payment of compensation
thereof] and
3[14-A.If any question, dispute
or double arises as to whether or not the lease has come to an end, it shall be
referred by the either party to the Collector whose decision after hearing the
parties shall be final].
(5) Lease money shall
be payable by the Co-operative Collective Farming Society in advance [as
provided in clauses (a) and (b) of sub-rule (7) of Rule 6.]
4[7A
Lease [contranct or agreement detrimental to the Interests of Panchayat [ [Section 10-A (2) (iii) and 15
(2) (k)].
Any lease, contract or agreement shall be deemed to be
detrimental to the interest of Panchayat if :-
(i) it has been
granted or made as the case may be, otherwise than by following the procedure
laid down for grant of lease or the making of contracts and agreements by the
Panchayat or
(ii) it adversely affects any of the
development schemes of the Panchayat; or
(iii) it has resulted or is likely to result
in a loss to the Panchayat or
(iv)
it is Benami.
7B Manner of payment
of compensation assessed by the Collector under sub-section 5 of section
10-A
[Sections 10-A (6) and 15 (2) (k).
The amount of compensation assessed by the Collector under
sub-section10-A shall be paid by the panchayat direct to the payee against
proper receipt or by money order, if the payee so desires after deducting
therefrom money order commission or other expenses, if any:-
(i) in lump sum where the amount of
compensation does not exceed one hundred rupees; and
(ii) in three equal
instalments, where the amount of compensation exceeds one hundred rupees].
8 Use of Shamilat
deh by residents [Sections 5 and 15(2) (g) of
the Act]
(1) The land in Samilat
deh declared by the panchayat by a resolution in writing as pasturable, may
be utilized by the residents of the village for-
(a) grazing
purposes; or
(b) collecting dry fulwood from the jungle
on terms laid down by the panchayat.
(2) Open spaces near
the abadi deh may, with the previous permission of the panchayat and in
the manner laid down by it be utilized by the inhabitants of the village for
threshing the harvests.
1[(3) All inhabitants of the village are entitled to purchase or take
on lease non-cultivable Shamilat deh from the Panchayat for residential,
commercial or industrial purposes, on the terms and for the period settled by
the Panchayat, but all such sales or leases shall be subject to the approval
of 2[the
"Director of Panchayat"];
3[Provided that members of the
Scheduled Castes of the village may take on lease non cultivable shamilat land
near the abadi deh up to one acre for installation of Maidani Brick Kiln
at the rate of one hundred rupees per annum]
(4) The Panchayat may, if necessary, earmark
suitable land for use as manure pits by the inhabitants of the village on such
nominal charges as may be fixed by it:
Provided that the panchayat may exempt members of Scheduled
Castes or Backward Classes or any landless labourer or tenant, on the ground of
Poverty from payment of such charges.
9 Maximum area to
be leased out [ Section 5 and 15 (2) (f) of
the Act].
(1) The panchayat shall not lease cultivable
land in Shamilat deh to a person.
1[(a) having
a holding on ten acres or more; or]
(b) already holding lease under any other
panchayat. Provided that the maximum area of land in Shamilat deh to be
leased to a person shall not exceed ten acres at any time.
2 Except with the prior permission of
panchayat samiti, the panchayat shall not lease more than one acre of land in Shamilat
deh for residential, Industrial or commercial purposes near the village
abadi to any one Person.
10 Land to be used
free of charge 2[Section 15 (2) (g) 3[Section 5 and Section 15 (2) (g)].
The Panchayat may allow the use of land in Shamilat deh
vested in it free of charge to the inhaitants of the village for any one or
more of the following purposes:-
(a) Steeping
of hemp or any other plant in ponds ;
4(b) residential purposes of members of the Scheduled Castes or
Backward Classes or depedents of the defence personnel killed in any war after
the Independence of India, or landless labourers or tenants in genuine cases on
grounds of poverty;]
5[(b) Residential purposes of the members of Scheduled castes or
Backward Classes or landless labourers or tenants or any other deserving person
in genuine cases on grounds of poverty.]
any
other suitable common purpose.
11 Purposes for which land may be hypothecated 6[Sections 5 and 15(2)
(k)] 7[Section 15 (2) (e)].
A Panchayat may, with the prior sanction of the Zila Parishad 8[Panchayat Samiti] hypothecate the land
in Shamilat deh vested in it for the purpose of borrowing money from the
Government or a Co-operative Bank for the improvement of such land or for any
other development scheme.
12 Purpose for which land may be sold [Sections 5 and 15 (2) (f) of
the
Act}.
(1) A Panchayat may,
with previous approval of the Government, sell land in shamilat deh
vested in it under the Act for:-
(i)
the purpose of constructing 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
executing such a
scheme as may be a source of
recurring income for the benefit of the
inhabitant of the village.
1{(iv) residential purpose
of the inhabitants of the village-in Pb.}
2{v) for the purpose of
financing the construction of building for
schools and for veterinary and civil dispensaries in the Sabha area}.
(2) Where it is proposed to sell the land in shamilat
deh under sub-rule (1), the panchayat shall forward to Government a copy of
its resolution passed by a majority of the three-fourth of its members
proposing to sell the land through the Panchayat Samiti and Deputy Commissioner
3(Divisional Deputy Director Panchayati
Raj} stating-
(a) the
area and location of the land proposed for sale;
(b) the estimated income from the sale and
whether the income would increase, if
the land is sold after some years;
(c) the reasons as to why the panchayat wants to
sell the land and the plans for
utilization of the income from the sale.
(3) The publicity for sale of land in shamilat
deh by auction shall be made by the Deputy Commissioner in accordance with
the procedure laid down in sub- rule (10) or Rule 6 on receipt of the approval
of Government who shall also decide whether the land should be sold in one or
more lots and the officer who should ( would in Hr.)) be present at the
auction:
4[Provided that nothing contained in this sub rule shall apply to
the sale of shamilat land for the purpose specified in clause (i) of
sub-rule (1).
5{13 Purposes for which land may be gifted.
A Panchayat may gift
land in shamilat deh vested in it under the Act for the purpose
of hospital, dispensary or educational or charitable institutions as may be
approved by the Government with the previous approval of::
(a) The Zila Parishad - where the area does
not exceed two acres;
(b) The Government -where the area exceeds
two acres {Pb.}
1[13 Purposes for which land may be fitted 2[ gifted].
(1) A Panchayat may, with the previous approval
of the Government, gift the land in Shamilat deh vested in it under the
Act for the purposes of a hospital, dispensary or educational or charitable institution {or for such other
purposes as may be approved} by the Government 3[to
be for the benefit of the inhabitants of the village concerned].
4[(2) Panchayat may, with the previous approval of the
Government, gift the
land in shamilat deh
vested in it under the Act for the purpose of construction of houses, laying
out common places and providing other amenities under the Model village Scheme
approved by the Government for the benefit of the inhabitants of the village.)
5[13A Gift
of land to members of Scheduled Castes and Backward Classes for residential
purpose.
(1) The terms and
conditions on which the land under Section
5-A may be gifted shall be as under:
(a) the donee shall
not sell, mortgage or dispose of the land in any other manner, whatsoever before
the expiry of a period of twenty years from the date of the housing board gift;
6{Provided that donee may mortgage the
land with 7{ any Schedule Bank or
the Government} for the purpose of raising loan for the construction of the
house}
(b) the donee shall
construct a house on the land within a period of two years from the date of the gift;
(c ) the donee shall
use the land for residential purposes and for no other purpose; and no other purpose; and
(d)
in case of death of the donee, his legal heirs shall be bound by
the conditions therein
contained.
(2) In case of breach of any of the terms and
conditions specified in sub-rule (1) the
panchayat shall, after affording a reasonable opportunity of being heard
to the donee, cancel the gift and resume the gifted land. In such event, the
donee shall not be entitled to any compensation in respect of any development
or construction made by him on such land}.
1{13A Giving of the land to landless worker.
A Panchayat may, with the previous approval of the Government,
give land in shamilat deh free of cost, to a landless worker residing in
the Sabha area for construction of a house for his residence;
Provided that the landless worker to whom such land is given,
shall not be entitled to sell, exchange or mortgage it except mortgaging it for
the purposes of raising loan to construct a house on it}- in Pb.
14 Utilization
of the income from the shamilat deh
Section 9 and 15 (2) (f) of the Act}
The income derived by a panchayat from the use and occupation of
land in shamilat deh vested 2(
or deemed to have been vested ) in it shall be utilized for the benefit of the
inhabitants of the village, as laid down in the Punjab Gram Panchayat Act 1952
and for the improvement, maintenance and management of the shamilat deh.
15 Payment of compensation under Section 3(2) [ Section 3(2) and 15(2)(d) of the Act].
(1) Any person who is entitled to
compensation under sub section (2) of
Section 3 of the Act may, within a period of twelve
months from the date of commencement of these rules, apply to the Collector
3( Assistant Collector) for the
determination of amount of compensation payable to him by the Panchayat:
Provided that the Collector 3[Assistant
Collector} may entertain the application after the expiry of the said period of
twelve months, if he is satisfied that the applicant was prevented by a
sufficient cause from filing the application in time.
(2)
On receipt of an application, the Collector 3[Assistant Collector] shall-issue
notice to the panchayat and after
giving an opportunity of being heard and after making such enquiry as may be
considered necessary, shall determine the amount of compensation payable by the
panchayat.
(3)
Where there is any dispute as to the person or persons who are
entitled to the compensation,
the Collector 3[Assistant Collector]
shall decide such dispute
and if the Collector 3[
Assistant Collector] finds that more than one person are entitled to
compensation, he shall apportion the amount there of amongst such persons.
(4)
The amount of compensation shall be determined in accordance
with the following principles:
(a) if the lands
has been sold by the panchayat; the amount of compensation of the land shall be the same as received by
it from the vendee.
(b) if the land is utilized by the panchayat for any of its purposes, the amount of
compensation shall be determined by working out an average of the sale proceeds of the lands of the
same nature and kind sold in the village 1{or
neighboring villages} during the last three years and if no such lands has been
sold in the village, 1{or
neighboring village} reasonable price as may be determined.
Provided
that the payment of such compensation shall be made in six equal annual installments,
if the amount involved is more than Rs.300
16 Procedure where a Panchayat sues or is
sued in its representative capacity { Sections {15 (2) 2[h] of the Act) [ Section 15 (2)(b)}.
(1) The Panchayat
shall by a resolution to be recorded in the proceeding book, appoint its sarpanch 3{ or N S}or any other Panch to contest
any suit filed by or against the panchayat. The sarpanch 3 { N S } or Panch so appointed shall
file a copy of the resolution duly attested by the sarpanch 3(or N.S.) under the seal of the
panchayat in the court along with other documents.
(2)
The actual expenditure incurred in the defense of the case shall
be chargeable to the funds of the
Panchayat.
(3)
The sarpanch 4{or Naib
Sarpanch) or Panch so appointed shall not be competent to compound or admit
claim of the party suing the panchayat without prior authorization by the
panchayat by a resolution in writing passed in a meeting specifically called
for the purpose. If any decree or order is passed by the court as a result of
fraud, misrepresentation, concealment of facts or collusion with the opposite
party, the sarpanch 4{or Naib
Sarpanch } or Panch shall be personally liable for the loss caused to the
panchayat.
COMMENTS
Where a Panch or a sarpanch is even authorised to defend a
claim, he or they cannot admit the claim in the absence of a resolution to that
effect in a meeting specially called for the purpose. So also unless there is a
proper resolution in favour of either a sarpanch or a panch, he cannot even
defend the suit5
16A Non- cooperation of member alleged- loss- not liable
To start proceedings for ejectment of an unauthorised occupant,
the resolution has to be passed by the Gram Panchayat under Rule 16 of the Act.
Where it is alleged that a number did not co-operate in getting vacated
unauthorized occupation, and as such the member is liable for loss or
misappropriation of money or property belonging to the Panchayat without
indicating as to in which manner the non-cooperation was done by the member.
There are also not allegations that the member did not participate) in
proceedings for passing resolution, so the provision of Sections 105 (2) of
Gram Panchayat Act 1952, are not attracted and he cannot be made liable for
loss etc. thus caused 1
17 The manner and the order of priority in which the{ excess}
area is to be utilized by the Collector under sub-section (1) of section 5{ Sections 5 (1) and 15 (2) of
the Act }
(1)(i) The landless tenants and other tenants ejected
or to be ejected in the village
shall apply to the panchayat for the allotment of surplus area of
shamilat deh earmarked for the purpose not later than October every year.
Such application shall be
acknowledged in writing and entered in the register of tenants by the panchayat
.(ii) The panchayat
shall formulate 2 (with the help of
concerned Block Development and Panchayat officer} a proposal in the month of
January every year for the allotment of the surplus area to the tenants and
sent the proposal to the Collector through the panchayat samiti for approval,
The Collector shall ordinarily approver the proposal of the panchayat, Where,
however there are complaints, the Collector may modify the proposal to the
panchayat for submitting a revised proposal.
(iii)
Where there are more tenants than the surplus area with the
panchayat, preference shall be determined by the order in which applications
for resettlement were made and where the applications had been made
simultaneously the priority shall be decided by drawing lots.
(2) (i) An application
for distribution of the remaining excess, area of shamilat deh,
if any, shall be made to the panchayat within
one month of the date of determination such area by the panchayat.
(ii) Such applications will 3 [ shall] be acknowledged and entered by
the panchayat in the register to be
maintained for the purpose.
(iii)
The panchayat shall submit a proposal to the Collector in this
behalf within two months of the notification of the surplus area through
panchayat samiti
(iv) In cases where
the demand for the remaining excess area exceeds the available area, priority
shall be given to the smallest landowners and where there are more than one; to
all land owners having equal land holdings, the priority shall be decided by
drawing lots-in Hr.
4{17
(1)(i) The landless
tenants and other tenants ejected or to be ejected in the village shall apply
to the panchayat for the allotment of the excess area of shamilat deh
available for the purpose under third proviso to sub-section (I) of Section 5,
not later than the end of October each year. Each such application shall be
acknowledged in writing and entered in register of tenants, by the panchayat.
(ii) The panchayat
shall, in the month of January, every year, formulate its proposal for the
allotment of the area referred to in clause (i) to the tenants and send the
same to the Collector through the panchayat samiti for approval. The Collector
may accept the proposal of the panchayat, with or without any modification, or
return the same to the panchayat, for sending a revised proposal.
(iii)
Where the area available for allotment to the tenants is not
sufficient to satisfy all the applicants; preference for the purposes of
allotment shall be determined by the order in which applications for allotment
were made and where the applications were made on the same day, the priority
shall be decided by drawing lots.
2(i) Applications for
a allotment of excess
of Shamilat deh available
for distribution amongst small landowners under the third proviso to
sub-section(1) of Section 5 shall be made to the panchayats within one month of
the date of determination of such areas by the panchayat.
(ii) Each such
application shall be acknowledged in writing and entered in the register
maintained for this purpose, by the panchayat.
(iii)
The panchayat shall submit its proposals to the Collector
through the panchayat samiti within two months of the date of determination of
the excess area by the panchayat.
(iv)
Where the area available for distribution among small landowners
is not sufficient to satisfy all the applicants, priority shall be given to the
smallest landowners and where there are more than one , to all land owners
having equal land-holdings priority shall be decided by drawing lots.}
(3) In case
a tenant or small
land- holder does not
take possession of
the area allotted to him within six months from date
of allotment, the allotment shall be inoperative and that area shall be
utilized for resettlement of another tenants or small land-holders as the case
may be- in Pb. only}
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).
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);
4 Substituted by Pb. Govt. Noti. No. 132; dated 9/11/1976;
5 Substituted by (Rs. 500) by Hr. 2nd Amendment Rules 1976 Rule 6;
6 Clause (b) omitted by 2nd Amendment Rules 1976 Rule 6;
[1] New Proviso added by the Pb. Govt.Noti. No. 19; dated 4.2.1974
2 (Further) added by the Pb. Govt. Noti. No. 19 dated 4.2.1974
3 (March or April) Substituted by Hr. 2nd Amendment Rules 1976;
4 Rule 6(4) submitted by Hr..2nd Amendment Rules 1976;
5 “Septemeber” substituted by “July” by Rule 3(11) of the Pb. V.C.L.® Hr.Ist Amendments Rules 1982;
6 Proviso substituted by the Pb. 2nd Amendment Rules 1979 Rule 2 dated 4-10-1979.
1 Sub-Rule(5) omitted by the haryana Amendment Rules 1979 Rule 3(2)
2 Sub-Rule(5) substituted by the Pb. Govt. Noti. No. 58; dated 18.7.1967;
3 (the number of the trees so marked) substituted for (those numbers) and (sale) added by the Haryana 2nd Amendment Rules 1976; Rule 6(6)
3 (the number of the trees so marked) substituted for (those numbers) and (sale) added by the Haryana 2nd Amendment Rules 1976; Rule 6(6)
4 (at a time to be…) substituted by Pb. Govt. Noti. No. 132 dated 9.11.1976
5 Sub-rule (7-A) is added by the Pb. Govt. Noti. No. 132; dated 9.11.1976 within brackets ( ) substituted for (S.E. & P.O. of the Block) by the Pb. Ist Amendment Rules 1977; Rule 2(i); (ii).
1 (after the…) added by the Pb. Govt. Noti. No. 132 dated 9.11.1976;
2 Added by the Pb.Govt. Noti. No. 19 dated 4.7.1974
2 Added by the Pb.Govt. Noti. No. 19 dated 4.7.1974
3 (and Zila Prishad) omitted by Hr.2nd Amendment Rules 1976 dt.21.10.1976.
1 Inserted by Hr. Ist Amendment Rules 1970; dated24.7.1970.
2 Rule 6A added by the Pb. Govt. Noti. No. 90 dated 27.6.1973.
3 (without) substituted by (by) any person or added by the Pb. Govt. Noti. No. 132 dated 9.11.1976.
1 (Panchayat Samiti) substituted for (Zila Prishad0 by the Hr. 2nd Amendment Rules 1976.
2 Sub-rule(4) substituted by the Pb. Amendment Rules 1967; R;5
3 Sub-rule (4-A) inserted by the Pb.Ist Amendment Rules 1971.
4 Rule 7-A and 7-B inserted by the Ist Amendment Rules 1965 (Pb.) & (Hr.)
1 Clause 8(3) omitted by Pb. Govt. Noti. No. 19 dated 4.2.1974
2 “Director of Panchayats” substituted for “Panchayat Samiti” by Rule 4 of the Pb. V.C.L.® Hr.Ist Amendment Rules 1982;
3 Proviso to sub-rule(3) has been added by the Rule 2 of the Pb. V.C.L.® Hr. 2nd Amendment Act. 1982.
1 Clause 9(a) omitted by Pb. Govt. Noti. No. 58 dated 18.7.1967.
2 Added by Pb. Amendment Rules 1967; Rule 6.
3 (section 5 & 15(2)(g)) inserted by the Hr. 2nd Amendment Rules 1976;
4 Clause (b) substituted by the Hr. Ist Amendment Rules 1974.
5 Clause (b) substituted by Pb. 2nd Amendment Rules 1967, dated 18.7.1967.
6 (section 5 and 15(2)(g) added by Hr.2nd Amendment Rules 1976, Rule 9(i);(ii)
7 (section 15(2)(e)) added by Pb. Amendment Rules 1967; Rule 7
8 (Panchayat Samiti) substituted for (Zila Parishad) By Hr. 2nd Amendmet Rules 1976; Rule 9(ii);
1 Clause (iv) inserted by the Pb. 5 Amendment Rules 1974; dated 4.2.1974.
2 Clause(v) added by Pb. Amendment Rules 1978 dated 7.4.1978
3 (Divisional Deputy…) substituted for (DC) by Pb. Amendment Rules 1976; dated 9-11-1976:
4 Proviso added by Hr. Ist Amendment Rules 1967; dated 21-6-67;
5 Section 13 substituted by the Pb: Amendment Rules 1976; dated 9-11-1976:
1 Section 13 substituted by Hr. Amendment Rules 1971
2 (gifted) for (fifted) by Punjab Amendment Rules, 1967: Rule 8
3 Added by Hr Amendment Rules 1976; dated 21-10-76
4 Sub-rule (2) inserted by Hr Ist Amendment Rule1975
5 Rule 13-A inserted by hr Amendment Rules 1976; dated 28-6-1976
6 Proviso added by Hr Amendment Rules 1976
7 Many Schedule Bank: Housing Board or the Government substituted by the ; Scheduled Bank or the Government; by Rule 2 of the Pb VCL ® Hr Ist Amendment Rules 1980
1 Rule 13-A added by the Punjab Amendment Rules 1976; dated 7-10-1976
2 (or deemed…) by the Pb Amendment Rules 1976; dated 7-10-1976
3 (Assistant Collector) substituted for (Collector) by the Hr Ist Amendment Rules 1979; R 4 (ii)
3 (Assistant Collector) substitute for (Collector) by the Hr Ist Amendment Rules 1979; R 4(ii)
3 (Assistant Collector) substitute for (Collector) by the Hr Ist Amendment Rules 1979; R 4(ii)
3 (Assistant Collector) substitute for (Collector) by the Hr Ist Amendment Rules 1979; R 4(ii)
3 (Assistant Collector) substitute for (Collector) by the Hr Ist Amendment Rules 1979; R 4(ii)
1 )or neighboring villages) added by the Hr. Ist Amendment Rules 1979, Rule 4 (iii)
1 )or neighboring villages) added by the Hr. Ist Amendment Rules 1979, Rule 4 (iii)
2 Letter (h) substitutes for letter (b) by Pb. 2nd Amendment Rules 1967 and Hr; Amendment Rules 1976; dated 21-10-1976
3 (Naib Sarpanch) omitted by the Pb Ist Amendment Rules 1979j Rules 3(1) (i)
3 (Naib Sarpanch) omitted by the Pb Ist Amendment Rules 1979j Rules 3(1) (i)
3 (Naib Sarpanch) omitted by the Pb Ist Amendment Rules 1979j Rules 3 (1) (i)
4 (or Naib Sarpanch) omitted by the Pb Ist Amendment Rules 1979; Rules 3(i) (ii)
4 (or Naib Sarpanch) omitted by the Pb Ist Amendment Rules 1979; Rules 3(i) (ii)
5 AIR 1972 P& H 309 (310) Balwant Singh vs Bahrampur etc.)
1 1981 AILLR 640 (Jai Lal vs D.C. Hissar)
2 (with the help of BD & PO concerned) added by the Hr. Ist Amendment; Rules 1979; Rule 5(1)
3 (Shall) substituted for will) by Hr Ist Amendment Rules 1979; Rule 5 (11)
4 Rule 17 substituted by Pb Amendment Rules 1967; Rule 10, dated 18-7-1967