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The Punjab Village Common Lands (Regulation) Act, 1961
The Punjab Village Common Lands (Regulation) Act, 1961
Act 18 of 1961
Keyword(s):
Collector, Displaced Person, Hilly Area, Panchayat, Shamilat Deh
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1961 : Pb. Act 18 ] VILLAGECOMMON LANDS 29
(REGULATION) '
ARRANGEMENT OF SECTIONS
Sections
1. Shon litle, extenl and commencemcnr.
6 . Appeal.
7. Powcr to put panchayars in possession of c e ~ a i nlands.
7A. Cognizance of offence.
9. Utilisniion of income.
10. Bar of compcnsation.
13A. Adjudiction.
14A. Saving.
15. Power to rrlake rules.
17. Validation.
1961 : Pb. ~ c t ' 1 18 VILLAGE COMMON LANDS 3f
(REGULATION)
[Received the assenr of rhe President ofltrdia 011 rile 22nd April, 1961,
arldfirsr prrblishedfor
. . general illfonr~oriottin the P~rnjnbGovernlnent
gazette (Exlrrrordinary), Legislative Supplement,
of the 4rh May, 1961.1
1 2 3 4
Year No. Shorr title whether repwlcd or otherwise
affected by lcgisla~ion
1961 18 . The Punjnb Village Amended by Punjab Act 19 of 19f14~
Common Lands Amended by Punjab Act 13 ok 1965'
(Regularion) Amended by Haryano ~ d a 4 a ~ i oat'n
A a , 1961 Laws (Statc and Concurrent Subjects)
Order, 1968'
Amended by Ilarywa Act 1S of 19715
Amended by Waryana Act 43 of 197 1
,. . . Amended by Haryana Act 23 of 1973'
Amended by Haryana ACL47 of 197Y
Amended by Hayana ACL34 of 19749
Amended by ITaryana Act 25 of 1976'"
1 . 2 3 4
Year No. Short iirle Whether repealed or otherwise
affected by legislation
1961 18 The Punjab Village &ended by Haryana Act 8 of 1378'
Common Lands
(Regulation) Amended by Haryana Act 2 or 198 1
Act. 1361
Amcnded by Haryana Acr 15 of 1983'
Amcnded by Harynna Act 9 of 1986:
AN
ACT
to consolidate
. .. and amend
. , . the lay regulating the rights in shamilat
the village :
Provided that temporary absence or absence in relaion
to employment elsewhere shall no1 affFi his residence
. , in
the village ;
'[(e) "panchayat" means a Gram Panchayat constituted under
the Punjab Gram Panchayat Act, 1952 ;]
(n .";;rcscrib~dbd"
means pescribed by rules made under this
-
.
8
,
. ,
Act;
'[(4a) vacant land situate in abadi deh or gorah deh not owned
by any person;]
(5) 1ands in any village described as banjar qadim and used
for common purposes of the village according to
revenue records;,
(viii) was shamilat deh, was assessed to land revenue and has
been in the individual cultivating possession of co-shares
not being in excess of their respective shares in such
shamilat deh on or before the 26th January, 1950 ; or
(ix) is used as a place of worship or for liGrposes subservient
thereto ; . ., . .. ..
3. . ( I ) This Act shall apply, and before the commencement OC Lands to wllich
this Act, the shamilat law shall be deemed always to have applied, to this Act
all lands which. are Shamilat deh as defined in clause (g) of section 2.
, .
belongcd. .;
, ,
., J; -.;, L ' . ::
(3) As soon as may be, on the cornmencemenl of he Punjab
vi Hag; Common Lands ( ~ e ~ u ~ a t i Haryana
bn) Amendment Act, 1996,
the Develppment and panchayar$ ~eiartmkntshall make reference to
the Collector of the district to derermine the amount of compensation
under sub-cIause,(ii) of sub-section (2j and [he Collector of thc district
shall, keeping in yie,w ,themarket value of rhc shamjlat deh at the time it
was allotted deteqine the k o u p t of compensation .]
Vesting of (1 ) ' Notwi thstandik- anything
4. . - to the conkary contained in any
rights in
panchayau and other law for the time being in force or in-any agreement, instrument,
non- custom or usage or any decree or'orderof any:court or other authority, all
proprieiors, rights, title and interests whatever in the land,- -
, . .
. , (a) which i s included in the s h h l a t deh of any village and
which has not vested in a@anchayatunder the shamilat
.,. Iaw shall, at the commencement of this Act, vest in
pigchayat constituted for such village, and where no
such panchayat has been constituted for such village,
vesrs in the panchayat on such date as a panchayat
- -.. -
having jurisdiction over that vilf-ageisconstituted ;
1961 : Pb. Act 18 ] , V~LLAGECOMMON LANDS 39
(REGULATION)
. . .. . .
- .-
(2) hy land-which
, . , is vested
. in'apanchayat under thesharnilai
law shall be deemed torhavebeen vested in the panchayat under this Act.
(3) Nothing contained ii:clause (al'ofsub-section'(3) and is
sub-section (2) shall affect or shall be deemed ever to-haveaffected the-
-1.: ': ,
Provided further that where here are two or more shamilat tikkas
in a village the shamilar tikka shall be utilised and disposed of by the
panchai& foi the benefit ofthe inhabirants bf that tikka :
. ,
. ,
.. , -
. 'I
-
necessary..
-
section (2), issue to any panchayat. such
, rlircctions as may be deemed
'[5A. (1) A panchayat may gift the lmd in shamilat deh vested in Disposal of
i t under this Act to (he members of Scheduled Castes and Backward vested or
Classes of the vijlage i n which such land i s situate on such terms and decmed to
have been
conditions as may be prescribed. vested b l
3[(IA,J A panchuyat may, with the previous approval of the panchayrlr.
State Government, gift the land in shamilat dch vested in it under this
,Act, for the purposes of hospital, dispensaries or educational or
charitable institution or for such other purposes as may be approved
by the State Government to be for the benefit of the inhabitants of the
vitla'ge' concerned.]
(2) The gift of land in shanlilat deh already made shall be
dcemed to have been made under sub-section (1) '[or sub-section (IA),
as the case may be.]
righls.
6. ( I ) If any person is aggrieved by an act or decision of A P P ~ ~ ] .
panchayat under section 5 , he may, within lhirty days from the date of
such act or decision, appeal to I[the Assistant, Collector of the f i s t
grade] who may confirm, reverse or modify the act or decision, or
make such other order as he thinks to be just and proper.
1. Proviso deleted by Haryann Acr 23 of 1973. -
2. Inserted by Haryana Acr 25 of 1976 and shalt always be deemed ro havc bccn
inserted.
3. Insertcd by Haryana Acc 13 of 2003.
4. Added by ibid.
V~UAGECOMMON LANDS [I961 :Pb. Act 18
(REGULATION)
such order, the Assistant Collector of the first grade may use such force,
including police force, as may be necessary for putting thc panchayat in
possession.
(5) Any person who is found i n wrongful or unauthorised
possession of the Iand or other immovable property in shamilat deh
and is ordered to be ejected under sub-section ( I ) , shall be punishable
with imprisonment for a term which may extend to two years.
7A. ~ o t wtl~standin~
i anything contained in the Code of Criminal Cognizance of
Procedure, 1973 (2 of 19741, no court other than that of the Judicial offence.
Magistrale of the first class shall take cognizance of,or try, any offence
punishable under this Act.
7B. N o court shall take cognizance of any offence under this Act Procedure for
except on the complaint of, or upon information received by the Block prosecu'iOn.
Development and Panchayat Officer or District Development and
Panchayat Officer or any other officer authorised by the State
Government in this behalf-. Such proceedings shall be initiated only
after the ejectment order against such person has become final under
section 7.1
8. ( 1 ) Where on any land in the shamilat deh immediately Saving of
before it vests or i s deemed to have been vested in a Panchayat under existing
this ACL,a person is in cultivating possession and his uncut and ~ ~ ~ ~ ~ " l '
ungatl~eredcrops are standing thereon, he shall not be ejected from
such land unless the crops have ripened and he has been allowcd
reasonable time to harvest them.
(2) Any person ag,gieved by any determination made by a
panchayat undcr sub-section { I ) may, within thirty days thereof, appeal
to '[the Assistant Collector of the first grade] whose decision shall be
Final. -
9. Any income accruing from the use and occupzt~ionof the Utilisation of
lands vested or deemed to have been vested in a panchayat shall be
credited to the panchayat fund and shall be utilised in the manner
prescribed.
10. No person shall he entirled to any compensation for any loss Bar of
suffered or alleged to have been suffered as a result of the coming inlo cOmpensarionn
force of this Act or of the shamilat law.
1. Suhs~ilutedby Haryana Acl 47 of 1973.
VILLAGE COMMON LANDS 11961 : Pb. Act 18- '
(REGULATION)
Adjudication. 3[13A. (1) Any person or in the case of a panchayai, eirher the
panchayat or its Gram Sachiv, the concerned Block Development and
Pmchayat Officer, Social Education and Panchayar Officer or any other
officer duly authorised by the State Government in rhis behalf, claiming
right, title or Intcrcs~in any land or other immovable property vested
or deemed to have been vested in the panchayat under this Act, may
filc a suit for adjudication, whether such Iand or other immovable
property is shamilal deh or not and wherher any land or other immovable
property or any right, title or interesr therein vests or does not vest in a
panchayat under this Act, in the court of the Collector, having
I
jurisdiction in the area wherein such land or other immovable property
is situated :
Provided that no suit shaIl lie under this section in respect of
the land or other immovable property, which i s or has been the subject
matter of the proceedings under section 7 of this Act under which the
question of ti tfe has been raised and decided or under adjudication. -
Saving. '[14A. Nothing contained in this Act or the shamilat law shall-
(a) affect or shall be d'mrned ever to have affected any right
of the State Government in the land vested or deemed
lo be vested in a panchayat under this Act; or
( b ) entitle or shall be deemed ever to, have entitled a
panchayat or any other authority under this Act or the
s h e l a t Iaw to exercise any right or to do any act in '
respect of any Iand in the hiIly area vested-ordeemed to
be vested in the panchayat whether such Iand has or has
. : nor been declared as a protected forest under section 29
Provided that anything done or any action taken under any Iaw
so repealed shall be deemed ro have becn done or taken under the
- corresponding provision of this Act, and shall continue to be in force
accordingly, unless and until superseded by anything done or any action
taken under this Act. .. - - '
"mportant Notc.
( I ) On the commencement of this Act, the appeals pending
,, ,
before the Collector shall be disposed of by him while
the other proceedings shall standng transferred to the
Assistant CoIIector of the first grade.
(2) An appeal shall lie to the Comrnissioncr from any order
passed by the Collector befoe thq commencement of his
Act; but h e appeals pendin; befbre the Commissioner
on the commencement of this Act shall be disposed of by
,
him.]
-
- '
No. Leg. 'Jf7,0U7.-?'he following Act crf thc I..e#istature rlf 1h0: Slatc of
liaryana received t h e assent of thc Governor of Wnrynn~ion the 2')ih March,
2DU7, and is hcl.eby published fur gencr;~linfqrrnalion :-
(ii) in sob-secrions ( 1). ( 2 ) . (3). (4). ( 5 ) and (7). al'tar the vmrds
iind signs "safc, tcasc," whc;cv.:r occurring, the words
and signs "gifr. exchangc." slial. tic inserted; and
M. S . SULLAR
Sccretary I r l Govcrnmelit, Harpunn,
Legislative Dcpnrrrrhen~.