Amendment status not verified — confirm the current text below against the official source.
2 Definitions:- In these rules, unless the context otherwise requires- (a) "Act" means the Punjab 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 declared 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 the 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 garden or any other horticultural purpose ; (iv) production 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) Storage 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 library or any other structure for educational Purpose ; (xviii) Maternity 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, water 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 Government 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 ) Rules 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 erected 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 entire 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 appointed by him for the purpose at the rates prevailing at that time. (2) Subject to sub-rule (1), the terms 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 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:- 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, 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 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 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[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] : 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[1] New Proviso added by the Pb. Govt.Noti. No. 19; dated 4.2.1974 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]: 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[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. 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) (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. (b) (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) (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) (ii) Block Development and Panchayat Officer of the Block where the land exceeds twenty acres but does not exceed one hundred acres; (iii) (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 : 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). (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;]