PUNJAB VILLAGE COMMON LANDS (REGULATION) ACT, 1961
[Act No. 18 of 1961]
[22nd April, 1961]
(As applicable to Haryana)
PREAMBLE
An Act to consolidate and amend the law regulating the rights in Shamilatdeh and abadideh.
Be it enacted by the Legislature of the State of Punjab in the twelfth year of the Republic of India as follows:
Read full Act(1) This Act may be called the Punjab Village Common Lands (Regulation) Act, 1961.
(2) It extends to the whole of the State of [1][Haryana].
(3) It shall come into force at once.
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[1] Substituted for the word “Punjab” by the Haryana Adaptation of Laws Order, 1968
[2][(a) “Assistant Collector of the first grade” means an Assistant Collector of the first grade empowered by the State Government to exercise the powers and perform the duties under this Act;]
[3][(aa) “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;]
[4][(aaa) “Commissioner” means the Commissioner of the Division and includes any other officer 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) Ordinance, 2006 BK;
[5][(b-i) “Financial Commissioner” me
(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 shamilatdeh as defined in clause(g) of section 2.
[19][(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 excluded under sub-clause (ii-a) of clause (g) of section 2, has been excluded from shamilatdeh as defined in clause (g) of section 2, all rights, title and interest of the panchayat in such land, 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 having been sold
(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 interests whatever in the land:-
(a) which is included in the shamilatdeh of any village and which has not vested in a Panchayat under the shamilat law shall, at the commencement of this Act, vest in Panchayat 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 abadideh 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 Panchayat under the shamilat law shall be deemed to have been vested in
(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 concerned in the manner prescribed:
Provided that where two or more villages have a common Panchayat, Shamilatdeh 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:
Provided further that where the area of land in shamilatdeh of any village so vested or deemed to have been vested in Panchayat is in excess of twenty-five per cent of the total area of that village (excluding abadideh) then twenty-five per cent of such total area shall be left to the Panchayat and out of the remaining area of shamilatdeh an ar
Section 5 of the Punjab Village Common Lands (Regulation) Act, 1961, governs the regulation of use, occupation, and disposal of lands vested in or deemed to have been vested in Panchayats. It forms a crucial part of the statutory framework for managing Shamlat Deh lands, ensuring their proper utilization for the benefit of the village community, and delineating the powers and restrictions on Panchayats regarding such lands.
Section 5 mandates that all lands vested or deemed to have been vested in a Panchayat under the Act shall be utilized or disposed of by the Panchayat for the benefit of the village inhabitants, in the manner prescribed. It also provides that the area of Shamlat Deh to be used for specific purposes shall be demarcated by officers in consultation with the Panchayat. The section emphasizes regulation of use and occupation, and restricts unauthorized or wrongful possession.
Section 5 applies to all lands classified as Shamlat Deh or vested in Panchayats under the Act. It covers:- The regulation of use, occupation, and transfer of such lands.- The powers of Panchayats to dispose of lands via sale, lease, or exchange, subject to rules.- The demarcation of land boundaries for specific purposes.- The restriction of unauthorized encroachments or wrongful disposals.- The procedural safeguards for affected persons, including appeals.
While Section 5 itself primarily prescribes regulation, violations such as wrongful possession, unauthorized transfer, or misuse can attract penalties under the Act or related rules, including:- Ejectment orders.- Penalties for wrongful possession.- Legal proceedings for recovery of possession.- Disqualification from disposal or transfer of lands in case of breach.The Act and Rules provide mechanisms for enforcement, including criminal penalties for wrongful dispossession or misappropriation.
Section 5 of the Punjab Village Common Lands (Regulation) Act, 1961, plays a pivotal role in regulating the management, disposal, and use of Shamlat Deh lands vested in Panchayats. It ensures that such lands are used for community benefit, subject to proper procedures, demarcation, and safeguards against arbitrary actions. Judicial decisions consistently reinforce the importance of adherence to procedural formalities, revenue records, and principles of natural justice in implementing the provisions of Section 5.
Note: All references are drawn from the provided sources, primarily from case law and legal interpretations related to Section 5 and the Punjab Village Common Lands (Regulation) Act, 1961.
[26][(1) A Panchayat may, on such terms and conditions as may be prescribed, gift, sale, exchange or lease the land in shamilatdeh vested in it under this Act to the members of Scheduled Castes and Backward Classes of the village in which such land is situated and to the persons of any other category.
(2) The gift, sale, exchange or lease of land in shamilatdeh already made shall be deemed to have been made under sub-section (1).
[27][(3) The land in shamilatdeh gifted to a department, Board or any agency of the State Government by the panchayat by passing a resolution and without prior approval of the State Government before the 4th April, 2007 shall be regularized by the panchayat by forwarding the said resolution to the State Government for obtaining approval. The State Government may grant approval to such resolution.]
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[21] Substituted by Haryana Act No. 47 of 1973
[22] Substituted by Haryana Act No. 23 of 1973<
(1) Any transfer of land, gifted, sold, exchanged or leased before or after the commencement of this Act, made in contravention of the prescribed terms and conditions, shall be void and the gifted, sold, exchanged or leased land so transferred shall revert to, and revest in, the Panchayat free from all encumbrances.
(2) The Government or any officer authorized by it may, either suo motu or on application made to him by a Panchayat or an inhabitant of the village or the Block Development and Panchayat Officer, examine the record for the purpose of satisfying himself as to the legality or propriety of any sale, lease, gift, exchange, contract or agreement executed before or after commencement of this Act, if such sale, lease, gift, exchange, contract or agreement is found detrimental to the interest of the villagers and is no longer required in the interest of the Panchayat, the Government may, after making such enquiry as it may deem fit, cancel the same and no sep
(1) If any person is aggrieved by an act or decision of a Panchayat under section 5, he may, within thirty days from the date of such act or decision, appeal to [28][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 [29][the Assistant Collector of the first grade] shall be final.
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[28] Substituted by Haryana Act No. 47 of 1973.
[29] Substituted by Haryana Act No. 47 of 1973.
[30][(1) An Assistant Collector of the first grade having jurisdiction in the village may, either suo moto or on an application made to him by a Panchayat or an inhabitant of the village or the Block Development and Panchayat Officer or Social Education and Panchayat Officer, or any other Officer authorised 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 unauthorised possession of the land or other immovable property in the shamilatdeh 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 a revenue court in relation to the execution of a decree for possession of land under the Punjab Tenancy Act, 1887:
Provided that if in any such proceedings the q
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974), no court other than that of the Judicial Magistrate of the first class shall take cognizance of, or try, any offence punishable under this Act.
No court shall take cognizance of any offence under this Act except on the complaint of, or upon information received by the Block 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) Where, on any land in the shamilatdeh 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 his crops have ripened and he has been allowed reasonable time to harvest them.
(2) Any person aggrieved by any determination made by a Panchayat under sub-section (1) may, within thirty days thereof, appeal to [31][the Assistant Collector of the first grade] whose decision thereon shall be final.
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[31] Substituted for the words “the Collector” by Haryana Act No. 47 of 1973
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.
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.
[32][(1) Notwithstanding anything contained in this Act, or the Shamilat Law or in any other law for the time being in force, [33]{the Assistant Collector of first grade may call for from any Panchayat in the area of his jurisdiction} the record of any[34][[35]{sale, lease}, [36]{gift, exchange,}] contract or agreement entered into by the Panchayat in respect of any land vested or deemed to be vested in it, whether such [37]{sale, lease}, [38]{gift, exchange,} 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 [39]{sale, lease}, [40]{gift, exchange,} 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, [41]{the Assistant Collector of the first grade} is satisfied that such [42]{sale, lea
Notwithstanding anything contained in the Punjab Pre-emption Act, 1913, no sale of land in shamilatdeh made by a Panchayat shall be pre-empitible and no decree of pre-emption in respect of any such sale shall be executed after the commencement of this Act.
Any arrears of rent payable to a Panchayat in respect of any land in shamilatdeh vested or deemed to have been vested in it under this Act or the shamilatlaw [76][or any amount assessed under subsection (2) of section 7] shall be recoverable as arrears of land revenue.
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[76] Inserted by Haryana Act No.23 of 1973.
[77][No civil court shall have jurisdiction--
(a) to entertain or adjudicate upon any question whether—
(i) any land or other immovable property is or is not shamlatdeh;
(ii) any land or other immovable property or any right, title or interest in such land or other immovable property vests or does not vest in a Panchayat under this Act;
(b) in respect of any matter which any revenue court, officer or authority is empowered by or under this Act to determine; or
(c) to question the legality of any action taken or matter decided by any revenue Court, officer or authority empowered to do so under this Act.]
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[77] Substituted by Haryana Act No. 34 of 1974 and further substituted by Mar. Act 2 of 1981 and shall be deemed to have been substituted w.e.f. 4-5-1961.
[78][[79]{(1) Any person or in the case of a Panchayat, either the Panchayat or its Gram Sachiv, the concerned Block Development and Panchayat Officer, Social Education and Panchayat Officer or any other officer duly authorised by the State Government in this behalf, claiming right, title or interest in any land or other immovable property vested or deemed to have been vested in the Panchayat under this Act, may file a suit for adjudication, whether such land or other immovable property is shamilatdeh or not and whether any land or other immovable property or any right, title or interest therein vests or does not vest in a Panchayat under this Act, in the Court of the Collector, having jurisdiction in the area wherein such land or other immovable property is situated:
Provided that no suit shall lie under this section in respect of the land or other immovable property, which is or has been the subject matter of the proceedings under section 7 of this Act under whi
(1) Any person, aggrieved by an order passed under sub-section (1) of section 13A, may within a period of thirty days from the date of such order, prefer an appeal to the Commissioner in such form and manner, as may be prescribed, and the Commissioner may after hearing the appeal, confirm, vary or reverse the order as he deems fit.
(2) The Financial Commissioner may, suo motu or on an application made to him by any person aggrieved by an order passed under sub-section (1), call for the record of any proceedings pending before, or order passed by the Commissioner for the purpose of satisfying himself as to the legality or propriety of the proceedings or order and pass such order in relation thereto as he may deem fit:
Provided that no order adversely affecting any person shall be passed unless he has been afforded an opportunity of being heard.}
[80]{(1) 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 order passed under sub-section (1) or sub-section (2) of Section 7 prefer an appeal to the Collector in such form and manner, as may be prescribed, and the Collector may after hearing the appeal, confirm, vary or reverse the order as he deems fit:
Provided that no such appeal shall lie unless the amount of penalty, if any, imposed under sub-section (2) of Section 7, is deposited with the Collector.}
(2) The Commissioner may, suo motu [81]{or on an application made to him by any person aggrieved by an order passed under the proviso to sub-section (1) of section 7 at any time} call for the record of any proceedings pending before, or orders passed by, any authority subordinate to him for the purpose of satisfying himself as to the legality or propriety of the proceedings or order and pass such order in relation thereto a
Save as otherwise expressly provided in this Act, every order made by the Assistant Collector of the first grade, the Collector or the Commissioner shall be final and shall not be called in question in any manner in any court.
The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any law, agreement, instrument, custom, usage, decree or order of any court or other authority.
[82][Every officer or employee acting under the provisions of this Act or the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.]
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[82] Inserted by Haryana Act No. 9 of 1992.
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.
[83][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.]
[83] Inserted by Punjab Act No. 19 of 1964, Section 5.
(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 a Panchayat;
[84][(b) the maximum and minimum area to be sold, gifted, exchanged or 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 compensation 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
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 done or taken under the corresponding provisions 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.
[89][Notwithstanding any judgment, decree or order of any civil court, all actions taken, rules made and orders or decrees passed by Revenue Court, Officer or authority under the principal Act as amended by the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1980, shall be deemed to have been validly taken, made or passed, as the case may be, as if the principal Act, as amended by the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1980 had been in force at all material times when such action was taken, rules were made and judgments, orders or decrees were passed by the Revenue Court, officer or authority.]
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[89] See Haryana Act No. 2 of 1981.
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