Preliminary Haryana Act No. 15 of 1974

Received the assent of the President of India on the 28th February, 1974, and was published in the Haryana Gazette, (Extra.), Legislative Supplement, Part I, dated March 7, 1974/Phalguna 16, 1895.

An Act to regulate the rights in Shamilat Deh.

Be it enacted by the legislature of the State of Haryana in the Twenty-fourth Year of the Republic of India as follows :-

S.1 Short title, commencement and extent

(1) The Act may be called the Haryana Municipal Common Lands (Regulation) Act, 1974.

(2) It extends to the whole of the State of Haryana.

(3) It shall be deemed to have come into force on the 26th day of January, 1970.

S.2 Definitions

In this Act, means the context otherwise requires, -

(a) "appointed day" in the case of a local area which is at the commencement of this Act a municipality, shall be the date of such commencement; and in other cases the date on which any local area is declared to be a municipality;

(b) "displaced person" means a person defined as such in the East Punjab Displaced Persons (Land Resettlement) Act, 1949, or the Patiala and East Punjab States Union Displaced Persons (Land Resettlement) Ordinance, 2006 B.K.

(c) "inhabitant of a municipality" means a person who ordinarily resides in a municipality :

Provided that temporary absence or absence in relation to employment elsewhere shall not effect his residence in a municipality;

(d) "municipality" means any [Local area which, was declared or deemed to have been declared, a municipality under the Punjab Municipal Act,

S.3 Certain previous transfers of Shamlat Deh not to effect rights of municipal committees

Save in the case of Shamlat Deh acquired by the State Government under any law for the time being in force, any transfer or other disposition of Shamlat Deh after the 26th January, 1970 shall not effect the rights of the Municipal Committee therein under this Act.

S.4 Vesting of rights in municipal committees

Notwithstanding anything to the contrary contained in any other law for the time being in force or in any agreement instrument, custom or usage or any decree or order of any court or other authority, all rights, titles and interests whatever in the Shamlat Deh in any municipality shall, on the appointed day, vest in the municipal committee of that municipality.

S.5 Regulation of use and occupation, etc. of lands vested in municipal committee

All lands vested in a municipal committee by virtue of the provisions of this Act shall be utilised or disposed of by the municipal committee for the benefit of the inhabitants of the municipality, in the manner prescribed.

S.6 Utilization of income

All income accruing from the lands vested in a municipal committee under this Act shall be credited to the municipal fund.

S.7 Bar of compensation

No person shall be entitled to any compensation for any loss suffered or alleged to have been suffered as a result of the coming into force of this Act.

S.8 Rent to be recoverable as arrears of land revenue

Arrears of rent or any other dues payable to a municipal committee in respect of any land in Shamlat Deh vested in it under this Act shall be recoverable as arrears of land revenue.

S.9 Indemnity

No suit, prosecution or order legal proceedings shall lie against the State Government or any person or authority for anything done or intended to be done in good faith in pursuance of the provisions of this Act.

S.10 Power to make rules

(1) The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for -

(a) the principles on which and the extent and manner in which the inhabitants of the municipality shall make use of the lands vested in a Municipal Committee;

(b) the maximum and minimum area to be leased to any single person;

(c) prescribing of forms or such books, entries, statistics and accounts as may be considered necessary to be kept, made or compiled in any office or submitted to any authority.

(d) the terms and conditions on which the use and occupation of any land vested in a municipal committee is permitted;

(e) the manner and circumstances in which any land may be utilised, transferred, sold o