Amendment status not verified — confirm the current text below against the official source.
2 Purpose for which the Shamilat deh may be used:- (1) The Panchayat shall make use of the Shamilat deh vested in it under the Act, either itself or through another, in the manner set forth below:- (a) When it is cultivable land, for any one or more of the following purposes:- (i) model farm: (ii) better seed farm: (iii) nursery or garden: (iv) production of fodder: (v) dairy farm : (vi) grazing of cattle, (vii) tree plantation, or (viii) any other kindred common purpose. (b) When it is non- cultivable lands for any one or more of the following purposes.- (i) dyeing and tanning of skins : (ii) storage or fuel and fodder; (iii) brick kilns, extraction of shora, sand stones, kankar bajri and other minor minerals; (iv) cremation or burial ground ; or (v) any other kindred common purpose; (c) When it is near the abadi deh, for any one or more of the following purposes:- (i) manure pits; (ii) public latrines; (iii) pathways and drains ; (iv) playgrounds, recreation parks, and children's parks; (v) planting of trees : (vi) leasing out, for the purposes of abadi, to a family having insufficient accommodation; (vii) schools, library or reading room; (viii) maternity or first-aid centres; (ix) hospital or dispensary ; (x) veterinary hospital or dispensary; (xxi) vehicle park ; (xxii) Panchayat ghar and janj-ghar ; (xxiii) ponds and fisheries ; ( xxiv) wells, hands-pumps and waterworks; or (xxv) any other kindred common purpose. 3 Terms for saving existing possession- (i) If a tenant or a member of his family, or previous co-sharer, is proved to be in cultivating possession of land for 20 years or more, he should be allowed to cultivate the land on the same terms and conditions as applied to him on the appointed date: Provided that, if such a person also owns land, he will not be entitled to the benefit of this provision if, on the appointed date the area of the land owned by him is 10 acres, he will benefit by this provision only to the extent of the difference between 10 acres and the area owned by him on the appointed date, provided further, if such a person wants to purchase such land he shall but only to the extent defined in the first proviso, be allowed to do on application made to the panchayat and on payment of money according to the scale laid down in the Punjab Occupancy. Tenants ( Vesting of Proprietary Rights) Act 1952. (ii) Where a person has built a house or erected any other structure on the shamilat deh, the panchayat may allow such person to retain possession of the site by- (a) selling it to him at the rate of Rs. 4 or 2 per square yard, as the case may be, provided that, the person concerned it unable to pay the entire amount immediately, it shall be recovered in three years, by yearly installments ; or (b) leasing out the site to him at the annual rate of three pice or an anna per square yard, as the case may be. (iii) The terms and conditions for sale or lease of land as provided in sub- rule (ii) above shall be determined by the panchayat. COMMENTS Rule 3 (ii) of the said rules specifically deal with built up houses or erected structures on the shamilat land. The language of Rule 3 (ii) makes it clear that the panchayat, in the sale is determining authority of the circumstances warranting the transfer of land under encroachment of the person who has raised structure over it. The Collector of the District does not figure anywhere in Rule 3(ii) of the said rules and hence his approval is not necessary to a case falling under the said rule1. 4 Lease to be by auction.- (i) All leases of shamilat land shall be by auction. (ii) Only cultivable land may be auctioned on a long term lease, while non- cultivable land small not be leased for a period exceeding five years. (iii) All lands near the abadi deh vested in the panchayat and used for industrial purpose shall be leased out for one year or more, as the case may be, by auction in February every year. (iv) All ponds used for the plantation of singharas and for stocking fish shall also be auctioned in February every year. (vi) The panchayat may auction, in February every year, surplus and useless trees growing on shamilat deh. (vii) The long term lease of cultivable land shall be auctioned for rent in cash, in the month of February (Phagan), the maximum advantage of the 1 1977 PLR (SN 5)P5 panchayat, and the annual lease money shall be payable in February every year. (viii) In the case of annual lease, one-fourth of the amount of the bid shall be paid by the bidder on the spot and the remaining three- fourth before possession of the land is delivered to him. (ix) In every case of lease, a lease deed shall be duly executed by the lease, who shall be bound to surrender to the panchayat possession of the land leased to him if he defaults in the payment of rent subject to the relevant provisions contained in the Punjab Tenancy Act, 1887. 5 The use of shamilat deh by residents- (i) All pasturable land may be utilized by the residents of the village for- (a) Grazing purposes; or (b) collecting dry fuel wood from the jungle on terms laid down by the panchayat. (ii) open spaces near the abadi deh may, with the previous permission of the panchayat and in the manner laid down by it, utilised by the inhabitants of the village for threshing the harvest. (iii) All inhabitants of the village are entitled to purchase or lease non- cultivated shamilat land form the panchayat, for residential, commercial or industrial purposes, on the terms and for the period settled by the panchayat, but all such leases or sales shall be subject to the approval for the Collector of the district. (iv) All inhabitants of the village are entitled to the use of open spaces for manure pits and the panchayat may also allow land for 'baras' on suitable payment. Before, however, allowing any open space to be used by the inhabitants in this manner, the panchayat shall consider the genuineness of the necessity. COMMENTS Reading of Rule 5 (iii) of the 1955 Rules, shows that it concerns with the non- cultivable Shamilat land belonging to panchayat, which may be acquired or sought to be acquired by the inhabitants of village for residential, commercial or industrial purposes. It does not apply to the case where construction has already been made by any inhabitant of the village on a particular part of shamilat deh. 6 Maximum area that may be leased by the panchayat:- (i) The panchayat shall not lease cultivable shamilat deh to persons having a holding of 10 acres, or more and to a person whose holding is less than 10 acres, the area of cultivable shamilat deh that may be leased to him by the panchayat shall be such that the total of the area leased and the holding shall not exceed 10 acres. (ii) The panchayat shall not lease more than one acre of shamilat and near the abadi to any person. 7 Land to be used free of charge under section 10 (2) (f) of the Act:- The panchayat may allow the use of shamilat deh vested in it free of charge to the inhabitants of the village for any one or more of the following purposes:- (a) threshing or winnowing of harvest: (b) grazing (c) steeping of hemp or any other plant in ponds (d) residential purposes to the members of the Scheduled Castes and Backward Classes: (e) any other common suitable purpose. 17A A panchayat may, with the sanction of the Collector, hypothecate the land vested in it under the Act for the purpose of borrowing money from the Government for the improvement of such land.} 1 Inserted by the Govt. Note N; 603; dated 10-6-58 7B A panchayat may, with the previous approval of the Government, sell the land vested in it under the Act for : (i) the purpose of construction a building for Block Samiti office or any department of or institution recognized by the Government ; (ii) the purpose of any industrial or commercial concern; or (iii) executing such a scheme as may be a source of recurring income to the Panchayat: Provided that the Government shall not approve a sale referred to in clause (ii) or (iii) above, unless there is unanimous resolution of the Panchayat for effecting such a sale}. 7C A panchayat may with the previous approval of the Director of Panchayats Punjab, gift the land vested in it under the Act for the purposes of such hospital, dispensary or educational or charitable institution as may be recognized by the Government. 8 Utilization of the income under Section 6 of the Act:- The income derived by a panchayat from the use and occupation of the land vested in it shall be utilized for the common good of the village, as laid down in the Punjab Gram Panchayat Act, No. IV of 1953 and for the improvement, maintenance and management of the shamilat deh. 9 Maintenance of form. - The Panchayat shall maintain the under mentioned forms for the management of shamilat deh. (i) Map containing the description of shamilat deh ( Form 1). (ii) Map containing the description of the shamilat deh along with land revenue etc. (iii) Account ledger of the sale- proceed ( Form II). (iv) Agreement register for leases or pattas ( Form III). (v) Account ledger for rents and receipts ( Form IV). (vi) A register of tenants ( Form V). (vii) Counterfoils of receipts (Form VII). (viii) Register showing expenditure ( Form VII) (ix) Form of lease deed ( Form VIII) ( Forms omitted).