THE PUNJAB VILLAGE COMMON LANDS (REGULATION) ACT, 1961

Act No. 18 of 1961

22nd April, 1961

An Act to consolidate and amend the law regulating the rights in shamilat deh and abadi deh.

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S.1 Short title, extent and commencement

(1) This Act may be called the Punjab Village Common Lands (Regulation) Act, 1961.

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

(3) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires,-

• 3[(a) "Collector" means the Collector of the district and includes any other officer appointed by the State Government for performing the functions of the collector under this Act;
• (aa) "Commissioner" means the Commissioner of the Division and includes any other officer not below the rank of a Joint Director, Panchayats, appointed by the State Government for performing the functions of the Commissioner under this Act;]
• (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) Ordinances 2006 Bk.
• 2[(bb) "hilly area" means-
  • (i) [-]
  • (ii) Dharr Kalan Block in Gurdaspur District;
  • (iii) Hoshiarpur, Bajawara, Bhungra, Talwara, Dasuya, Mahilpur, Balachaur, and Saroya Blocks in Hoshiarpur District.
  • (iv) Rupar,
    

S.3 Land to which this Act applies

(1) This Act shall apply, and before the commencement of this Act, the shamilat law shall be deemed always to have applied, to all lands which are Shamilat deh as defined in clause (g) of section 2.

1 [(2) Notwithstanding anything contained in sub-section (1) of section 4,--

• (i) where any land has vested in a panchayat under the shamilat law, but such land, other than that excluded under sub- clause (ii-a) of clause (g) of section 2, has been excluded from shamilat deh as defined in clause (g) of section 2, all rights, title and interest of the panchayat in such land shall, as from the commencement of this Act, cease and such rights, title and interest shall be revested in the person or persons in whom they vested immediately before the commencement of the shamilat law; and the panchayat shall deliver possession of such land to such person or persons:

Provided that where a panchayat is unable to deliver possession of any such land on account of its

S.4 Vesting of rights in panchayats and non-proprietors

(1) 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, title and interest whatever in the land:-

• (a) Which is included in the Shamilat deh of any village and which has not vested in a Panchayat under the Shamilat law shall at the commencement of this Act vest in a Panchayat constituted for such village, and where no such Panchayat has been constituted for such village, and where no such Panchayat has been constituted for such village, vest in the Panchayat on such date as a Panchayat having jurisdiction over that village is constituted;
• (b) Which is situated within or outside the abadi deh of a village and which is under the house owned by a non-proprietor, shall, on the commencement of Shamilat law, be deemed to have been vested in such non-proprietor.

(2) Any land which is vested in a

S.5 Regulation of use and occupation etc. of lands vested or deemed to have been vested in panchayats

(1) All lands vested or deemed to have been vested in a Panchayat under this Act, shall be utilised or, disposed of by the Panchayat for the benefit of the inhabitants of the village concern in the manner prescribed. Provided that where two or more villages have a common Panchayat, Shamilat deh of each village shall be utilised and disposed of, by the Panchayat for the benefit of the inhabitants of that village.

Provided further that where there are two or more Shamilat tikkas in a village, the Shamilat tikka shall be utilised and disposed of, by the Panchayat for the benefit of the inhabitants of that tikka.

1 [Provided further that where the cultivable area of land in Shamilat deh of any village, so vested or deemed to have been vested in panchayat is in excess of two-thirds of the total of that village (excluding abadi deh). then cultivable area upto the extent of two-thirds of such total area shall be left to the Panchayat and one-half of the remaining cultivable

S.6 Appeal

(1) If any person is aggrieved by an act or decision of panchayat under section 5, he may, within thirty days from the date of such act or decision, appeal to 1[the Assistant Collector of the first grade] who may confirm, reverse or modify the act or decision, or make such other order as he thinks to be just and proper.

(2) The appellate order of the Collector shall be final.

S.7 power to put panchayat in possession of shamilat deh

1a [7. Power to put the Panchayat in possession of shamlat deh

(1) The Collector shall, on an application made to him by a panchayat, or by an officer, duly authorised in this behalf by the State Government by a general or special order, after making such enquiry, as he may think fit and in accordance with such procedure as may be prescribed put the panchayat in possession of the land or other immovable property in the shamilat deh of that village which vests or is deemed to have been vested in it under this Act and for so doing the collector may exercise the powers of a revenue court in relation to the execution of a decree for possession of land under the Punjab Tenancy Act,1887:

2 [Provided that if after receipt of the application and before the Panchayat is put in possession of the land or other immovable property in the shamilat deh, a question of right, title or interest in such land or property is raised by any person and a prima facie case is made out in suppo

S.7A Commissioner under this Act to exercise power under Punjab Act 31 of 1973

1 [7-A. Commissioner under this Act to exercise power under Punjab Act 31 of 1973

For the purposes of appeals under Section 9 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the said Act), in relation to lands vested or deemed to have been vested in a Panchayat under this Act, the Commissioner under this Act shall be deemed to be the Commissioner under the said Act.

1. Inserted by Punjab Village Common Lands (Regulation) Amendment Act, 1976.

S.8 Saving of existing, possession

(1) Where on any land in the shamilat deh immediately before it vests or is deemed to have been vested in a Panchayat under this Act, a person is in cultivating possession and his uncut and ungathered crops are standing thereon, he shall not be ejected from such land unless the crops have ripened and he has been allowed reasonable time to harvest them.

(2) 1 [***]

1. Substituted by Punjab Village Common Lands (Regulation) Amendment Act, 1976, for the followings:- "Any person aggrieved by any determination made by a panchayat under sub-section (1) may, within thirty days thereof, appeal to Collector of the first grade whose decision shall be final."

S.9 Utilisation of income

Any income accruing from the use and occupation of the 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.

S.10 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 or of the shamilat law.

S.10A Power of Collector to cancel or vary leases, etc. of lands vested in Panchayats

1 [10A. Power of Collector to cancel or vary leases, etc. of lands vested in Panchayats

(1) Notwithstanding anything contained in this Act or the Shamlat Law or in any other law for the time being in force, the Collector may call for from any Panchayat in his district the record of any land vested or deemed to be vested in it, whether such lease, contract or agreement is entered into before or after the commencement of the Punjab Village Common Lands (Regulation) Amendment Act, 1964, and examine such record for the purpose of satisfying himself as to the legality or propriety of such lease, contract or agreement.

(2) Where, on examination of the record under sub-section (1) and after making such inquiry, if any, as he may deem fit, the Collector is satisfied that such lease, contract or agreement -

• (i) has been entered into in contravention of any of the provisions of this Act or the rules made thereunder; or
• (ii) has been entered into as a resul
  

S.11 Decision of claims of right, title or interest in shamlat deh

1 [11. Decision of claims of right, title or interest in shamlat deh

(1) 2 [Any person or a Panchayat] claiming right, title or interest in any land vested or deemed to have been vested in a Panchayat under this Act, or claiming that any land has not so vested in a Panchayat, may submit to the Collector, within such time as may be prescribed, a statement of his claim in writing and signed and verified in the prescribed manner and the Collector shall have jurisdiction to decide such claim in such manner as may be prescribed.

(2) Any person or a Panchayat aggrieved by an order of the Collector made under sub-section (1) may, within sixty days from the date of the order, prefer an appeal to the Commissioner in such form and manner as may be prescribed and the Commissioner may after hearing the appeal, conform, vary or reverse the order appealed from and may pass such order as he deems fit.]

1. Substituted by Punjab Village Common Lands (Regulation) Amendment Act,

S.12 Finality of orders

1 [12. Finality of orders

Save as the otherwise expressly provided in this Act, every order made by the Collector or the Commissioner shall be final and shall not be called in question in any court by way of appeal or revision or in any original suit, application or execution proceedings.]

1. Substituted by Punjab Village Common Lands (Regulation) Amendment Act, 1976.

S.13 Bar of jurisdiction of civil courts

1 [13. Bar of jurisdiction of civil courts

No civil Court shall have jurisdiction -

• (a) to entertain or adjudicate upon any question whether any property or any right to or interest in any property is or is not hamlet deh vested or deemed to have been vested in a Panchayat under this Act; or
• (b) to question the legality of any action taken by the Commissioner or the Collector or the Pinhead under this Act; or
• (c) in respect of any matter which the Commissioner or the Collector is empowered by or under this Act to determine.]

1. Substituted by Punjab Village Common Lands (Regulation) Amendment Act, 1976.

S.13A Penalties and procedure

1 [ 13-A. Penalties and procedure

(1) No person shall, unless entitled or authorized so to do by law, or by an instrument or an order executed or issued by a competent authority under law, enter into the possession of any land vested or deemed to have been vested in a Panchayat under this Act, or having lawfully entered into possession of such land, unlawfully remain in possession thereof on or after the expiry of the term of such lawful possession, if any.

(2) Any person who contravenes the provisions of sub-section (1) shall notwithstanding anything contained in any other law, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both.

(3) Any person who abets an offence punishable under this Act shall be punishable with the punishment provided for the offence.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence under this Act shall b

S.13B Provisions of this Act to be overriding

1 [ 13-B. Provisions of this Act to be overriding

The provisions of this Act shall have effect notwithstanding anything to the contrary in any law, or any agreement, instrument, custom of usage, or any decree or order of any court or other authority.]

1. Inserted by Punjab Village Common Lands (Regulation) Amendment Act, 1976.

S.14 Indemnity

No suit, prosecution or other 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.14A Saving

1 [Nothing contained in this Act or the shamilat law shall--

• (a) affect or shall be deemed ever to have affected any right of the State Government in the land vested or deemed to 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 shamilat law to exercise any right or to do any act in respect of any land in the hilly area vested or deemed to be vested in the panchayat whether such land has or has not been declared as a protected forest under section 29 of the Indian Forest Act, 1927, in contravention of the provisions of that Act or the rules made thereunder.]

1. Inserted by Punjab Act 19 of 1964, section 5.

S.15 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 power, such rules may provide for-

• (a) the principles on which and extent to and the manner in which the inhabitants of the village shall make use of the lands vested or deemed to have been vested in the Panchayat ;
• (b) the maximum and minimum area to be leased to any single person ;
• (c) the prescribing of forms for 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) determining the principles on which and the manner in which compenstation may be paid under sub-section (2) of section 3 ;
• (e) the terms and conditions on which the use and occupation of any such land is permitted ;
• (f) the manner and the circumstances in wh
  

S.16 Repeal and saving

The Punjab Village Common Lands (Regulation) Act, 1953, and the Pepsu Village Common Lands (Regulation) Act, 1954, are hereby repealed:

Provided that anything done or any action taken under any law so repealed shall be deemed to have been 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.