PUNJAB VILLAGE COMMON LAND ACT, 1961

OBJECTIVE AND SCOPE OF THE ACT

Introduction :- Villages in pre- independent rural India have common or communal lands in villages for
use by the whole village community, particularly, by inhabitants whose occupation was predominantely
agriculture as due to their dependency on their live-stock, needed to give manure to their lands, to cast
manure to their lands, to plough their land, for grazing their animals and perform several other
incidental agriculture operations required common lands for using as pasturage, ponds, pools, thrashing
floors, cow dung pits, hay stack areas and the like. Villages in the State of Punjab and Pepsu were of no
exception but after independence, value of lands increased even in villages. Powerful and greedy
inhabitants in villages became grabbers of village common lands depriving use to the village community.
Some of the states, which were enabled by the Constitution of India to organize village panchayats as
units of self government and encourage growth of agriculture and animal husbandry in villages by
suitable legislative measures, took prompt steps to legislate on common lands of the villages, so as to
restore such lands for communal use and common benefit of all the inhabitants of the villages by vesting
them in their respective Panchayat. Punjab Village Common Land Act 1953 and Pepsu Village Common
Land Act, 1954 were two legislative measures enacted by two respective States of Punjab and Pepsu.
When under the State re-organization Act,1956. Pepsu State merged in Punjab State and State of Punjab
enacted the Village Common Land Act, 1961. By this Act, the two earlier Acts i.e. Punjab Common Land
Act, 1953 and Pepsu Village Common Land Act, 1954 were repealed.

OBJECTIVE AND SCOPE :- Its Preamble says:-

“An Act to consolidate and amend the law regulating the rights in Shamlat Deh and Abadi Deh.” BY
studying this Preamble, it is sufficiently clear that the intention of the legislature in enacting this law is to
regulate all the rights in Shamlat Deh and Abadi Deh.

1) Utilization of Land :- When the lands vest or deemed to be vested a duty is cast upon the
Panchayat under section 4, to utilize or dispose of the same for the benefits of the inhabitants of
the village concerned in the prescribed manner.
2) Summary Remedy :- The object of the legislation by providing a remedy to put Gram Panchayat
in possession of the Shamlat Deh vesting in it to avoid delays inordinately in the civil courts
under common law and to provide a summary remedy to the Gram Panchayat to recover
possession from the unauthorized occupation of the land expeditiously.
3) Protection of Rights:- This Act shall protect the
(a) Existing of rights, title or interest of persons who though not entered, as occupancy tenants
in the revenue records are recorded a similar status by custom or otherwise.
(b) Right of persons who were in cultivating possession of Shamlat Deh before the
commencement of Acts i.e. Punjab Village Common Lands Act,1953 and Pepsu Village
Common Lands Act, 1954 for continuous period of more than 12 years without payment of
rent.
(c) Right of mortgagee to whom such land is mortgaged with possession before 26 th Jan., 1950.
Short notes:-
SHAMLAT DEH :-
Introduction:-
On settlement of villages, some portion of lands were reserved for common use,. With
the passage of time, three types of properties came to be known as village. Firstly, the
properties, which were possessed and enjoyed by the owner, known as private properties.
Secondly, villagers reserved lands for their common use i.e. for use jointly by the proprietary
community. The land so reserved was used solely for the common purpose of proprietors.
Thirdly, some land was reserved for used by the persons subservient to the agriculture
economy and other human needs of the villagers. The lands so reserved was to be enjoyed
jointly by the villagers irrespective of their proprietary interest in it or village holdings for
instance, land reserved for pastures, ponds, and pools fall in this category. Such lands came
to be known as Shamlat Deh.

Expression, common purpose of the village or benefit of the village’:

The expression common purpose of the village or benefit of the village community has
not been defined in the Act. It is invariably taken that lands used for benefit of village
community inclused sites, set apart for public use like chopal or gora deh and land given by
common consent to dharamshala, mosque, graveryards and cremation grounds. The
expression benefit of village is intended to cover all sections of village community including
those even who do not own any land in village held in Devdutt vs. Gram Panchayat, Ramila
and Captain Ram Richpal vs. Gram Panchayat of Village Teekli, 1989, it was held that land
under Johar is Shamalat Deh. Panchayat is competent to sell Shamalat Johar land with
previous approval of State Government and complying with legal formalities. In the case of
Ujjagar Singh vs. Gram Panchayat, Naggal Tehsil, 1990, it was held that land outside Abadi
Deh and used for benefit of village would be Shamlat Deh though recorded in the name of
proprietors in the revenue records. In the case of Gram Panchayat Sidhbari vs. Shri Sukhram
Das, it was held that it was not for Gram Sabha to prove that land has vested in it. Thus
burden of proof lies on person who asserts that ownership vested in him.

LANDS TO WHICH THIS ACT APPLIES (SECTION 3)

INTRODUCTION :- The scope of Section 3 is wide enough to include all rights, titles and
interests including lease rights. Therefore, the tenants inducted by earlier landowners have
no rights to continue as lease unless granted by Panchayat.
APPLICATION :-
1) This Act shall apply, and before commencement of this Act, the Shamlat law shall be
deemed always to have applied to all lands, which are Shamlat Deh as defined in clause
(g) of Section 2. It is only the right, title and interest in the Shamlat Deh, which can vest
in Panchayat having jurisdiction over the village. In the case of Gram Panchayat,
Jandwala vs. Sher Singh, it was held that if the right has been distinguished or no title
 now vests in proprietary body, it cannot be said that the Panchayat would still be vested
with such land merely because it is shown as Shamlat Deh in the review records.
2) A person in possession of Shamlat Deh and paying the rent. In the case of Gram
Panchayat, Village Haripura vs. The Commissioner Ferozpur Division, 1989, it was held
that by merely paying rent, the occupant could not be claimed to have enter into
possession as allottee, lessee. He would be deemed unauthorized occupant.

VESTING OF RIGHTS AND REGULATIONS OF USE AND OCCUPATION ETC. OF LANDS (SECTIONS 7-12)

Regulation of use and occupation etc. of lands vested or deemed to have vested in Panchayats:-

1) All lands vested or deemed to have been vested in a Panchayat under this Act shall be utilized or
disposed by the Panchayat for the benefit of the inhabitants of the village concerned in the
manner prescribed:-
Proviso(1) says that where two or more villages have a common Panchayat, the
Shamlat Deh of each village shall be utilized and disposed of by the Panchayat for the
benefit of inhabitant village.
Proviso (2) provides that where there are two or more Shamlat Deh of each village shall
be utilized and disposed of by the Panchayat for the benefit of the inhabitants or that
Tikka.
Proviso (3) says that where the area of the land in Shamlat Deh of any village so vested
or deemed to have been vested in a Panchayat is in excess of twenty five percent of the
total area of that village(excluding abadi deh) then twenty five percent of such area shall
be left to the Panchayat and out of the remaining area of Shamlat Deh an area up to the
extent of twenty five percent of such total area shall be utilized for the settlement of
landless tenants and other tenants ejected or to be ejected of that village and the
remaining area of Shamlat Deh, if any, shall be utilized for distribution to the small land
owners of that village subject to the provision or in consultation with the Panchayat.

The Gram Panchayat is competent to transfer a portion of the land in a street or

a lane which the abadi deh or gorah deh vested in it and can also change its user. This,
however, does not mean that orders of the Gram Panchayat cannot be challenged even
in suitable case on the ground that it is passed malafide or is based on extraneous
consideration or it is otherwise against law. Civil Court cannot entertain dispute under
Section 5. In Sardara Alias Kalu vs. Gram Sabha of village Khurdi 1989 (1) RRR 280 (P&H),
held that suit in civil court for declaration that transaction of exchange made by Gram
Panchayat in violation of mandatory provisions of law in contravention of Section 5, it
was held that suit is barred in view of provisions of Section 13.
The Gram Panchayat is empowered to dispose of Shamlat land vested in Gram
Panchayat for the benefit of inhabitants of the village in the manner prescribed under
the rule 12. A reading of this rule shows that the land in Shamalat Deh can be sold either
for the purpose of :-
1 Constructing building for the Block Samiti office;
 2 Any department or institution required by Governor;
3 Any industrial or commercial concern; and
4 Executing a scheme as may be source of recurring income for the benefit of
inhabitants is not straight jacket rule, rather it has to decide according to facts of
case as in case of Sukhmander Singh vs. State of Punjab, 1997 (2) RCR (CIVIL) 95
(P&H), land exchanged with bigger piece of land having higher valuation which was
likely to increase the income of the Panchayat was not only in the interest of the
Village Panchayat but was also for the benefit of the inhabitants.

In the case of Gram Panchayat, Patti Chaudhari, Kaithal vs. State of Haryana,
(1996 (1) RRR 325(P& H),it was held that Panchayat can sell land falling in
Shamalt Deh vested in Gram Panchayat with the approval of Government.
District Collector can not fix the price but can only recommend and suggest to
the Government qua the market price. Government is not bound by his
recommendation and still can fix different price. Collector cannot reopen the
question of price. In sale under section 5, it is evident from Section 6 that it
expressly provides for a remedy for any person aggrieved by any act or decision
under section 5 to file on appeal within a limited period of 30 days. The remedy
under this section is specific remedy provided for the infraction of section 5.
Approval of Government is compulsoruy, if not taken then sale is invalid and
may be set aside.

POWER TO PUT PANCHAYAT IN POSSESSION OF CERTAIN LANDS:-

An ASSISTANT Collector of the first grade having jurisdiction in the village may, either suo moto
or on the application made to him by the Panchayat or an inhabitant of the village or the Block
Development and Panchayat Officer or Social Education and Panchayat Officer, or any other officer
authorized by the Block Development and Panchayat Officer, after making such summary enquiry as he
may deem fit and in accordance with such procedure as may be prescribed, eject any person who is in
wrongful or unauthorized possession of the land or other immovable property in the Shamlat Deh of
that village which vests or is deemed to have been vested in the Panchayat under this Act and put the
Panchayat in possession thereof and for so doing. The Assistant Collector of the first grade may exercise
the powers of Revenue Court in relation to the execution of the decree for possession of land under the
Punjab Tenancy Act, 1887. The Assistant Collector of the first grade by an order in writing, require any
person to pay a penalty, in respect of the land or other immovable property which was or has been in
his wrongful or unauthorized possession, at a rate not less than two thousand rupees and not more than
five thousand rupees per hectare, per annum, having regard to the benefit which could be derived from
the land or other immovable property. If the penalty is not paid within the period of 30 days from the
order, the same shall be recoverable as arrears of land revenue. If any person refuses or fails to comply
with the order of eviction passed under sub section (1), within ten days of the date of such order , the
Assistant Collector of the first grade may use such force, including police force, as may be necessary for
putting the Panchayat in possession. Any person aggrieved by an order of the Assistant Collector of the
first grade may, within a period of thirty days from the date of the order, prefer an appeal to the
Collector in such form and manner as may be prescribed.

It was held in the case of Raghu and Khiraj vs. The Commissioner, Ambala Division and Others,
1974 LJ 323 (P&H) that once a land is vested in the Panchayat, the Assistant Collectorbis bound to put
the Panchayat in possession under sub-section (3) of Section 4 comes in the way. In the case of Maman
Singh vs. Gram Panchayat , Dehlawas and Others, 1984 RRR 626 (P&H), it was held that where the
occupant set up title in himself and in land concerned, before entering upon matter raised under Section
7, the Assistant Collector should determine question of title in the first instance.

POWER OF ASSISTANT COLLECTOR OF IST GRADE TO CANCEL OR VARY SALES OR LEASES OF LANDS
VESTED IN PANCHAYAT:-

Section 10(A) deals with the power of Assistant Collector of the first grade to cancel for vary sale
or lease etc. of lands vested in Panchayat. It states as follows:-

“Notwithstanding anything contained in this Act of the Shamlat Law or any other law for the time being
in force ( the Assistant Collector of the first grade may call for from any Panchayat in the area of his
jurisdiction) the record of any(sale,lease), contract or agreement entered into by the Panchayat in
respect of any land vested or deemed to be vested in it, whether such (sale,lease), contract or
agreement is entered into before or after the commencement of the Punjab Villages Common Lands
(Regulation0 Amendment Act, 1964, and examine such record for the purpose of satisfying himself as to
the legality of propriety of such (sale, lease), contract or agreement. Where, on examination of the
record under sub section (1) and after such enquiry, if any as he may deem fit, the Assistant Collector of
the first grade is satisfied that such lease, contract or agreement –

(a) Has been entered into contravention of any of the provisions of this Act or the rules made there
under, or
(b) Has been entered into as a result of fraud or concealment of facts; or
(c) Is detrimental to the interests of the Panchayat as prescribed, the Assistant Collector of the first
grade may, notwithstanding anything as aforesaid, cancel the lease, contract or agreement or
vary the terms thereof unconditional or subjectto such conditions as he may think fit;
Provided that the Assistant Collector of the first grade shall pass no order under this sub
section without affording an opportunity of being heard to the parties to the lease,
contract or agreement.

Where the terms of any lease, contract or agreement have been varied by the Assistant Collector of the
first grade under sub section (2), the variation shall be binding on the parties to the, lease, contract or
agreement, as the case may be. Where the lessee or the person with whom a contract or agreement
has been entered into by a Panchayat refuses to accept the variation made by the Assistant Collector of
the first grade, in the terms of lease, contract or agreement, such lease, contract or agreement, as the
case may be shall be deemed to be cancelled by the Assistant Collector of the first grade under this
section with effect from the date of such refusal.

Where under this section any lease, contract or agreement is cancelled or deemed to be
cancelled or its terms are varied, the lessee or the person with whom the contract or agreement has
been entered into, who suffers by such cancellation or variation, is entitled to receive compensation to
be assessed by the Assistant Collector of the first grade for any loss or damage caused to the lessee or
such persons which naturally arose in the usual course of things from such cancellation or variation.

Provided that no such compensation shall be given for any remote and indirect loss or damage sustained
by reason of such cancellation or variation. Notwithstanding anything contained in any law for the time
being in force, the amount of compensation awarded by the Assistant Collector of the first grade under
this section shall be payable by the Panchayat in the prescribed manner and shall be a valid charge on
the Sabha Fund.

Any party to a lease, contract or agreement aggrieved by any order of the Assistant Collector of
the first grade made under this section may, within a period of thirty days from the date of such order,
appeal to the Collector whose decision thereon shall be final. In Krishan Singh vs. S.D.M. (CIVIL)
Ferozpur, 1972 PLJ 10(P& H) (DB), it was held that keeping in view the language, the setting and the
context of section 10-A, it is clear that the cancellation of the lease must be made by an order in writing.