Section 9

Amendment status not verified — confirm the current text below against the official source.

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 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 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. 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. 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 1 (Panchayat Samiti) substituted for (Zila Prishad0 by the Hr. 2nd Amendment Rules 1976. 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) (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 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.) 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: 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. 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;] 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[(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) (i) the purpose of constructing building for Block Samiti office or any department of or institution recognized by the Government ; (ii) (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.} 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{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.} 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[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 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 (d) (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 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 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) (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) (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) (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 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) 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) (2) The actual expenditure incurred in the defense of the case shall be chargeable to the funds of the Panchayat. (3) (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 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) 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 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) 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) (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) (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 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 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) (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) (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) (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} 18 Demarcation of the surplus area 1( excess) area ( Sections 5 (a) and 15(2) (j) of the Act). (1) The panchayat having excess area in accordance with Section 5 of the Act shall notify to the patwari concerned the are to be kept under its control and that to be allotted to landless tenants and other ejected or to be ejected or to be distributed among small land-holders of the village. (2) The Patwari shall, after verifying all the particulars of the land so notified, send a statement giving full details of the land to 1[the Assistant Collector Ist Grade in duplicate who shall retain one copy of the statement and forward the other to the ] Collector concerned who shall order the demarcation of the excess area by an officer not below the rank of an Assistant Collector IInd Grade, ( Naib Tehsildar)- ( in Pb.) 3{19 Unauthorized occupation of shamilat deh ( Sections 7 and 15 (2)(k)of the Act). For purposes of Section 7 of the Act, a person shall be deemed to be in unauthorised occupation of any land in shamilat deh:- (a) Where he has, whether before or after the commencement of the Act entered into possession therefore otherwise than under and in pursuance 4{of} any allotment, lease or grant by the panchayat; or. (b) Where he being an allottee; lessee or grantee, has, by reason of the determination or cancellation of his allotment lease or grant in accordance with the terms in this behalf therein contained ceased whether before or after the commencement of the Act to be entitled to occupy or hold such land in shamilat deh, or. (c ) where any person authorised to occupy any land in shamilat deh has, whether before or after the commencement of the Act;- (i) Sub-let in contravention of the terms of allotment, lease or grant, without the permission of the panchayat or of any other authority 1 (excess) substituted for (surplus) by Pb 2nd Amendment Rules 1967; dated 18-7-1967 1 Omitted substitution by the Pb Amendment Rules 1976, dated 9-11-1976 3 Rule 19 omitted by Pb 2nd Amendment 1967; dated 18-7-67 4 “of” inserted by Hr Ist Amendment Rule 7 competent to permit such sub-letting, the whole or an part of such land in shamilat deh; or (iii) (i) otherwise acted in contravention of any of the terms express or implied under which he is authorised to occupy such land in shyamilat deh. Explanation:- For purposes of clause (a), a person shall not, merely reason of the fact that he has paid any rent, be deemed to have entered into possession as allottee, lessee or grantee.} Rule 19 Section 7 Where, the ejectment of the tenants is sought on the ground that the period of lease had expired but the tenants filed suit for permanent injunction against the Gram Panchayat in Civil Court restraining the latter from dispossessing them. The Civil Court held the plaintiff petitioners to be tenants-at-will under the Gram Panchayat on the basis of the entries in the revenue records and that the relationship of landlord and tenant are established between the parties, the petitioners cannot be termed as unauthorised occupants of the land and ejectment order got quashed1 2[20 Issue of notice to show causes against order of eviction ( Sections 7 and 15 (2)(k) of the Act). (1) If the Assistant Collector of the Ist Grade is of opinion that any persons are in unauthorised occupation of or claim interest in the land in shamilat deh situated within his jurisdiction and that they should be evicted, he shall issue, in the manner hereinafter provided, a notice in writing upon all the persons concerned to show cause why an order of eviction should not be made. (2) The notice shall:- (a) specify the grounds on which the order of eviction is proposed to be made; and 1 1982 PLJ 337-1982 RLR 458 (Bachna vs Pb State etc.) 2 Rule 20 substituted by Hr Amendment Rules 1976; dated 21-10-1976 (b) require all persons concerned, that is to say, all persons who are or may be, in occupation of, or claim interest in the land in shamilat deh, show cause, if any, against the proposed order on or before such date as is specified in the notice being a date not earlier than ten days from the date of issue thereof. (3) The Assistant Collector shall cause the notice to be affixed 3[ on some conspicuous place] outside the Panchayat ghar or any other building used as office by the panchayat and at some conspicuous places of the estate in which the land in shamilat deh is situated, where upon he notice shall be deemed to have been duly given to all persons concerned. (4) Where the Assistant Collector knows or has reasons to believe that any persons are in occupation of the land in shamilat deh, then, without prejudice to the provisions of sub- rule (3), he may cause a copy of the notice to be served on every such person [by delivering or tendering it to that person or 4[ by registered post with acknowledgement due}. 5{20A Damages:- (1) If any person who is a lessee of any land vested or deemed to have been vested in a panchayat does not deliver to the panchayat vacant possession of the land, immediately after the expiry of the period he fails to do so, he liable to pay damages to the panchayat equivalent to twenty times, the amount which would have payable to the panchayat had the lease of such land continued during the period. (2) The provisions contained in sub- rule (1) shall be deemed to be one of the terms of each lease of land granted by the panchayat after the commencement of the Punjab Village Common Lands Regulation ( 3rd Amendment )Rules 1978} 20B Scope and Applicability: 3 (On some…) added by Hr Amendment Rules 1977; dated 7-1-1977 4 (by registered post) substituted by Hr Ist Amendment Rule 7 5 Rule 20-A added by the Pb 3rd amendment Rules 1978 Where the lands in question are not “Village Common Land, but" common purposes lands "The provisions of the Village Common Land Act or of Rule 20-A" framed there under do not apply, so as to inflate the lease rent of Rs. 125 to Rs.2500 per year by way of penalty and his detention squarely. Moreover the instant lease was not lease granted by the panchayat after the commencement of such rule in order to attract Rule 20-A, while the lease related to the year 1975 much before the enactment of Rule 20-A in 1978. It was held that such slip shot attempts by administrative functionaries which tend to violate the liberty principle enshrined in the constitution of India for the safeguard of citizens cannot be easily overlooked and detention of petitioner was set-aside1 2{21 Eviction of unauthorised persons 9 Sections 7 and 15 (2)(k) of the Act}-in Hr. (1) (1) If, after considering the cause, if any, shown by any person in pursuance of notice under Rule 20 and any evidence, he may produce in support of the same after giving him a reasonable opportunity of being heard, { the Assistant Collector of the First Grade} is satisfied that the land in shamilat deh is in an unauthorised occupation, the Assistant Collector {of the First Grade} may, on a date to be fixed for the purpose make an order of eviction for reasons to be recorded therein, directing that the land in shamilat shall be vacated by all persons who may be in unauthorised occupation thereof or a part thereof and cause a copy of the order to be affixed on the outer door of the panchayat ghar and at so is other conspicuous places of the shamilat deh or of the estate in which the land in shamilat is situated. (2) (2) If any person refuses or fails to comply with the order of eviction within thrity days of the date of its publication the Collector or any other officer duly authorised by him in this behalf, may evict that person from and take possession of, the land in shamilat deh and may for that purpose, use such force as may be necessary.} 1 2980 RLR 642-1980 PLJ 438-1980 AILLR 331-1980 PLR 507 (Pritam Singh vs Collector Patiala) 2 Rule 21 substituted by Hr Amendment Rules 1976; dated 20-10-76 22 Maintenance of forms:( Sections 15 (2) (c) of the Act). The panchayat shall maintain the under mentioned forms for the management of land in shamilat deh. (i) Register containing the description of the shamilat deh (From I ) (ii) Map containing the description of the shamilat deh. (iii) Agreement register for lease or pattas etc. ( Form II). (iv) Accounts Ledger for the rents and receipts ( Form III) (v) Register of tenants ( Form IV). (vi) Form of lease deed ( Form V). 23 Repeal. The Punjab Village Common Lands ( Regulation ) Rules, 1955, published with Punjab Government Revenue Department Notification No.5557-R (c) 54- 216.dated 18 Feburary,1955 and published with the Pepsu Government Revenue Department Notification No. 6 Agr. dated the 15th October,1955 are hereby repealed [:-]1 [ :] Provided that any action taken or anything done under the Rules hereby repealed shall be deemed to have been taken or done under the corresponding provision of these rules. [FORM I] 1{ See Rule 22(2)} Register containing the description of shamilat deh. Name of Gram Panchayat ...................... Tehsil and District ........................