The Haryana Village Common Lands (Regulation) Act,1961
This Act sets rules for village common lands in Haryana, including panchayat land powers and administration.
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This Act sets rules for village common lands in Haryana, including panchayat land powers and administration. The text amends short titles of listed Punjab and East Punjab Acts to Haryana, keeps their act numbers and years unchanged, and also adds rules for certain village common land transfers and vesting in Haryana.
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Provisions of The Haryana Village Common Lands (Regulation) Act,1961
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AI-assisted research summary: This Act sets rules for village common lands in Haryana, including panchayat land powers and administration.
THE PUNJAB VILLAGE COMMON LANDS (REGULATION) ACT, 1961 (Applicable to Haryana) ARRANGEMENT OF SECTIONS Sections 1. Short title, extent and commencement. 2. Definitions. 3. Land tow hich this Act applies. 4. Vesting of rights in panchayats and non-proprietors. 5. Regulation of use and occupation etc. of lands vested or deemed to have been vested in panchayats. SA. Disposal of lands vested or deemed to have been vested in panchayat. 5B. Certain transfers not to affect panchayat's right. 6. Appeal. 7. Power to put panchayats in possession of certain lands. 7A. Cognizance of offence. 7B. Procedure for prosecution. 8. Saving of existing possession. 9. Utilisation of income. compensation. 10. Bar of 10A. Power of Assistant Collector of first grade to cancel or vary sales or leases panchayats. etc. of lands vested in pre-emptible. 11. Sales of land in Shamilat deh r n ec o o t v to e r b a e b le as arrears of land revenue Shamilat lands to be 12. Rent of jurisdiction. 13. Bar of 13A. Adjudiction. Revision. Appeal and 13AA. Revision. Appeal and 13B. Finality of orders. 13C. (i) Sections 13D. Provisions of this Act to be overriding. 13E. Public Servant. 14. Indemnity. 14A. Saving. 15. Power to make rules. 16. Repeal and saving. 17. Validation. THE PUNJAB VILLAGE COMMON LANDS (REGULATION) ACT, 1961 (PUNJAB Acr No. 18 OF 1961) |Received thea ssent of the President of India on the 22nd April, 1961, and first publishedf or general information in the Punjab Government Gazette (Extraordinary), Legislative Supplement, of the 4th May, 1961 ] 2 3 4 Year No. Short title Whether repealed or otherwise affected by legislation 1961 18 The Punjab Village Amended by Punjab Act 19 of 1964 Common Lands Amended by Punjab Act 13 of 1965 Amended by Haryana Adaptation of (Regulation) Act, 1961 Laws (State and Concurrent Subjects) Order, 19684 Amended by Haryana Act 18 of 19715 Amended by Haryana Act 43 of 19716 Amended by Haryana Act 23 of 19737 Amended by Haryana Act 47 of 19738 Amended by Haryana Act 34 of 19749 Amended by Haryana Act 25 of 197610 1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1958, Page 1503. 2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1964, page 285. 3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1965, page 362. 4. See Haryana Government Gazette (Extraordinary), Leg. Supplement Part-III, 1968, page 561. 5. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1971, page 206. 6. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1971, page 1380. 7. Eor Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1973, page &l6. R For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1973, page 2037. 9. For Statement of Objects and Reasons, see Haryana Governet Gazette (Extraordinary), 1974, page 1200. 10. For Statement of Objects and Reasons, see Harvana Government Guzette 1976, page l166. (Extraordinary), 2 3 4 Year No. Short title Whether repealed or otherwise affected by legislation 1961 18 The Punjab Village Amended by Haryana Act 8o f 1978! Common Lands Amended by Haryana Act 2 of 19812 (Regulation) Act, 1961 Amended by Haryana Act 15 of 19833 Amended by Haryana Act 9 of 19864 Amended by Haryana Act 9 of 19925 Amended by Haryana Act 18 of 19956 Amended by Haryana Act 13 of 19967 Amended by Haryana Act 9 of 19998 Amended by HaryanaA ct 13 of 2003 Amended by Haryana Act 8 of 200710 Amended by Haryana Act 6 of 2012!! Amended by Haryana Act 23 of 201312 Amended by Haryana Act 10 of 201713 1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1978, page 282. 2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1980, page 2244. 3. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1983, page 1150. 4. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1986, page 286. 5. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1991, page 534. 6. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1995, page 1594. 7. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1996, page 519. 8. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1999, page.45. 9. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 2003 page 643. 10. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 2007 page 752. 11. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 2012 page 541. 12. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 2013 page 401l1. 13. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 2017 page 648. 3 AN ACT toc onsolidate and amend the law regulating the rights in shamilat deh and abadi deh. Beit enacted by the Legislature of the State of Punjab in the Twelfth Year of the Republic of India as follows: 1. (1) This Act may be called the Punjab Village Common Lands Short title, extent and (Regulation) Act, 1961. Commence (2) Ite xtends to the whole of the State of '[Haryana). ment. (3) It shall come into force at once. Definitions. 2. In this Act, unless the context otherwise requires, ((a) A(cid:28) ssistant Collector of the first grade" means an Assistant Collector of the frst Grade and include any other officer empowered by the State Government to exercise the powers and perform the duties under this Act;] "Collector" means the Collector of the district and includes I(aa) any other officer appointed by the State Government for performing the functions of the Collector under this Act;] Commissioner of the Division "Commissioner" means the "[(aaa) and includes any other officer appointed by the State functions of the performing the Government for Commissioner under this Act:] (b) "displaced person" means a person def R in e e s d e t a tl s e s m uc e h n t i ) n A th ct e , Displaced Persons (Land E 1 a 9 s 4 t 9 P , u o nj r a b th e Patiala and East Punjab Sta O te rd s in U a n n i c o e n , Resettlement) Persons (Land Displaced 2006 BK; Financial Commissioner" means the S(b-i) "Financial Government,H aryana, appointed by the Commissioner to purpose of this Act :J State Government for the Manimajra Block, Naraingarh Block, °[(bb) "hilly area" means Chhachharauli Block :] Raipur Rani Block, and Concurrent Adaptation of Laws (State and 1. S S u u b b s j t e i c tu ts te ) d O s f r u o d r b e t s h r t , i e t 1 u w 9 t o e 6 d r 8 d . b " y P H un a j r a y b a " n b a y A th c e t 4 H 7 a r o y f a 1 n 9 a 7 3 and then substituted by Harvana Act 6 2. Clause (a) of 2012. Haryana Act 8 of 1978. 3. Substituted b H y a ryana Act 2 of1 981. 4 5 6 . . . I I I n n n s s s e e e r r r t t t e e e d d d b b b y y y H Pu a n ry ja a b n A a A c s t c u 1 t b 9 9 s t o o it f f u 1 1 te 9 9 d 6 9 4 b 9 , y . S H ec a t r i y o a n n 2 a , A an d d a p su ta b ti s o ti n tu o te fL d a b w y s P ( u S n t j a ia te b A an c d t C 13 o o nc f u 1 r 9 r 6 e 5 n , t Section 2 and further Subjects) Order, 1968. 4 (c) "house" includes a courtyard whether walled or not: "inhabitant of a village" means a person, whether (d) ordinarily resides i non-proprietor, who proprietor or a the village : Provided that temporary absence or absence in relation toe mploment elsewhere shall not affect his residence in the village: 'Ie) "panchayat" means a Gram Panchayat constituted under the Haryana Panchayati Raj Act, 1994 (1lo f 1994:] ) "prescribed" means prescribed by rules made under this Act; (g) "shamilat deh" includes (1) lands described in the revenue records as (Shamilat Deh or Charand] excluding abadi deh ; (2) shamilat tikkas; (3) lands described in the revenue records as shamilat, tarafs, patties, pannas and tholas and used according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village; [(4) lands used or reserved for the benefit of village community including streets, lanes, playgrounds, schools, drinking wells or ponds situated within the sabha area as defined in clause (mmm) of section 3 of the Punjab Gram Panchayat Act, 1952, excluding lands reserved for the common purposes of a village under section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation )A ct, 1948 (East Punjab Act 50 of 1948), the management and control whereof vests in the State Government under section 23-A of the aforesaid Act ;] 1. Substituted of 2007. by Haryana Act 2 of 1981 and futher substituted by Haryana Act 8 2. Substituted by Haryana Act 43 of 1971. 3 Substituted by Haryana Act 9 of 1992. 5 I(4a) vacant land situate in abadi deh or gorah deh not owned by any person;] (5) lands in any village described as banjar qadim and used for common purposes of the village according to revenue records; *] 2| * but does not include land which () becomes or has become shamilat deh due to river action or has been reserved as shamilat in villages subject to river action except shamilat deh entered as pasture, pond or playground in the revenue records quasi-permanent basis to a displaced (ii) has been allotted on person I(ii-a) was shamilat deh, but has been allotted to any person by Government, Rehabilitation Department of the State the commcncement of this Act, but on or before the after the 9th day of July, 1985 ;] partitioned and brought under cultivation by (iii) h in a d s iv be id e u n al land holders before the 26th January, 1950; (iv) having been acquired befo p r r e o p th ri e e t 2 a 6 ry th l a J n an d u fr a o r m y, a 1 9 co 5 - 0 s , h b a y re a r person or in exchange for jamabandi or is int he shamilat deh is so recorded in the supported by a valid deed : described in the revenue records as shamilat, taraf, pattis, (v) is according to revenue records pannas and thola and used community or a part thereof for the benefit of the village village; purposes of the common for (vi) l b ie a s ra o , m ut a si n d u e r e t h p e it , a h b o a u d s i e d o e r h f o a r n c d o w ta a g s e b i e n i d n u g s t u ry s , e i d m a m s e g d it i w at a el r y , commencement of this Act:] before the 1. A In c s t e 2 r o te f d 1 9 b 8 y 1 a H nd a r f y u a r n th a e r A i c n t se 2 r 3 te d o b f y 1 H 9 a 7 r 3 y an an a d A f c u t r 1 th 5 e o r f 1 o 9 m 83 it t w ed .e .f b . y 1 2- H 2- a 1 ry 9 a 8 n 1 a . Haryana Act 9 of 1992. Omitted by 2. Haryana Act 13 of 1996. Inserted by 3. Haryana Act 2 of 1981. Substituted by 4. 6 'I(vi) (vii) was shamilat deh, was assessed to land revenue been in the individual cultivating and possession has of not being in excess of their respective co-shares ds shares shamilat deh on or before the 26th January, in such 1950 ; Or (ix) is used as a place of worship or for :cti purposes subservient thereto; (h) shamilat law" means (i) in relation to land situated in part of the territory] which immediately before the Ist November, 1956 was comprised in the State of Punjab, the Puniab Village Common Lands (Regulation) Act, 1953; or (i) in relation to land situated in [part of the territorv] which immediately before the Ist November, 1956, was comprised in the State of Patiala and East Punjab States Union, the Pepsu Village Common Lands (Regulation) Act, 1954; (i) "State Government" means the Government of the State of [Haryana ;] [(6) lands reserved for the common purposes of a village under section 18 of East Punjab Holdings (Consolidation and Prevention of Fragmentation)A ct, 1948 (East Punjab Act 50o f 1948), the management and control whereof vests in the Gram Panchayat under section 23-A of the aforesaid Act. Explanation.-Lands entered in the column of ownership of record o rights as Jumla Malkan Wa Digar Hagdaran Arazi Hassab Kasad', Jumla Malkan' or Mushtarka Malkan' shall be shamilat deh within the meaning of this section.J 1. Omitted by Haryana Act 18 of 1995. 2. Substituted (State and Co fo n r c u th r e re nt w ords "the territory" by the Haryana Adaptation of Laws Subjects) Order, 1968. 3 Inserted by Haryana Act 9 of 1992. 7 3. () This Act shall apply, and before the commencement of Lands to which this Act, the shamilat law shall be deemed always to have applied, to all this Act applies lands which are shamilat deh as defined in clause (g)o f section 2. "I(2) Notwithstanding anything contained in sub-section (1) of section 4,(cid:19) (i) where any land has vested in a panchayat under the shamilat law, but such land, other than that excluded under sub- clause (i-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 commencement of this in such land shall, as from the Act, cease and such rights, title and interest shall be revested in the person or persons in whom they vested commencement of the shamilat immediately before the law ; and the panchayat shall deliver possession of such land to such person or perSons : Provided that where a panchayat in unable to possession of any such land on account of its deliver having been sold or utilised for any of its purposes, the panchayat in such land rights, title and interest of the panchayat shall, shall not so cease bu c t o n t t h a e in ed in section 10, pay anything notwithstanding entitled to such land. persons to the person or accordance with such determined in compensation to be prescribed; principles and in such manner as may be panchayat under this (iüi) where any land has vested in e a x cluded from shamilat Act, but su su c b h - c la la n u d s e h a (i s i - b a e ) e o n f clause (g) of section 2, all deh under panchayat in such land, interest of the rights, title and allotment of such land by the from the date of Government, Department of the State Rehabilitation interest shall rights, title and shall cease and alls uch p ersons to whom the land so vest in the person or a llotted by the Rehabilitation excludedh as been Haryana Act 13 of 1996. Substituted by 1. 8 Department of the State Government on or before 9th day of July, 1985, subject to the condition the that- (a) any sum of money realised by the Rehabilitation Department of the State Government allotment of such land; or as result of (b) where no money was realisable by the Rehabilitation Department of the State Government allotment as a result of of such land, the amount of compensation in respect of such land as determined under sub-section (3) by the Collector of the district in which such a land is situated, shall be paid by the Rehabilitation Department Government of the State to the Development disbursement and Panchayats Department for onward to the panchayat to which such shamilat deh belonged. (3) As sOon as may be, on the commencement of the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1996, the Development and Panchayats Department shall make reference to the Collector of the district to determine the amount of compensation under sub-clause (ii) of sub-section (2) and the Collector of the district shall. keeping in view the market value of the shamilat deh at the time it was allotted determine the amount of compensation.] Vesting of 4. (1) Notwithstanding anything to the contrary contained in any p ri a g n h c ts h a in y ats other law for the time being in force or in any agreement, instrument, and non custom or usage or any decree or order of any court or other authority, all proprietors. rights, title and interests 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 panchayat constituted for such village, and where no such payment has been constituted for such village, vests in the panchayat on such date as a panchayat having jurisdiction over that vilage 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 proprictor, shall on the commencement of the 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 the panchayat under this Act. (3) Nothing contained in clause (a)o f sub-section (l) and is sub-section (2)s hall affect or shall be deemed ever to have affected the (i) existing rights, title or interest of persons who though not entered as occupancy tenants in the revenue records are accorded a similar status by custom or otherwise, such as Dholidars, Bhondedars, Butimars, Basikhuopahus, Saunjidars, Muqararidars: "I(ü) rights of persons whow ere in cultivating possession of shamilat deh on the date of the commencement of the Punjab Village Common Lands (Regulation) Act, 1953, or the PepsuV illage Common Lands (Regulation) Act, 1954, and were in such cultivating possession for more than twelve years on such commencement without payment of rent or by payment of charges not exceeding the land revenue and cesses payable thereon ;] (iiü) rights of a mortgagee to whom such land is mortgaged with possession before the 26th January, 1950. s. () AIl lands vested or deemed to have been vested in a Regulation of panchayat under this Act, shall be utilized or disposed of by the panchayat, use and for the benefit of the inhabitants of the village concerned in the manner occupation etc. of lands vested prescribed : or deemed to have been Provided that where two or more villages have a common panchayat vested in the shamilat deh of each village shall be utilised and disposed of by the panchayats. panchayat for the benefit of the inhabitants of that village : 1. Substituted by Haryana Act 23 of 1973. 10 Provided further that where there are two or more shamilat tikkas in a village the shamilar 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 shanmilat deh of any village so vested or deemed to have been vested in a panchayat is in excess of twenty-five per cent of the total area of that village (excluding abadi deh) then twenty-five per cent of such total area shall be left to the panchayat and out of the remaining area of shamilat deh an area up to the CXtent 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 shamilat deh, if any, shall be utilized for distribution to the small landowners of that village subject to the provisions relating to '{permissible area under the Haryana Ceiling on Land Holdings Act, 1972, by the Assistant Collector of the first grade] in consultation with the panchayat [in such manner and on payment of such amount as may be prescribed.] (2) The area of shamilat deh to be utilized for the purposes of the third proviso to sub-section (l) shall be demarcated by such officer in consultation with the panchayat andin such manner as may be prescribed. (3) The State Government or any officers authorised by it in this behalf may from time to time, witha view to ensuring compliance with the provision of the second proviso to sub-section (1) or sub-section (2), issue to any panchayat such directions as may be deemed necessary. SI(4) Nothing contained in the third proviso to sub section (l), and in sub-section (2) and sub-section (3) shall apply to the hilly area.] (5) Notwithstanding anything contained in this section, if in the opinion of the State Government; it is necessary to take over, to secure proper management for better-utilization for the benefit of the inhabitants of the village concerned any shamilat deh, the Government may by notification take over the management of such shamilat deh, for a period not exceeding twenty years. *1 1. Substituted by Haryana Act 47 of 1973. 2. Substituted by Haryana Act 23 of 1973. 3. Added by Punjab Act 19 of 1964, section 3. 4. Added by Haryana Act 18 of 1971, section 2. 5. Proviso deleted by Haryana Act 23 of 1973. 11 (6) The income from the shamilat deh, the management of which is taken over under sub-section (5), after meeting all charges relating or incidental to the management and utilisation, shall be credited to the Gram Fund and utilised for the benefit of the inhabitants of the village concerned.] "|5A. (1) Ap anchayat may gift, sell, exchange or lease the land in Disposal of shamilat deh vested in it under this Act to such persons including members lands vested or of Scheduled Castes and Backward Classes on such terms and conditions deemed to have been as may be prescribed: vested in Provided that the lease of land by way of allotment for cultivation panchayat. purposes may be given for a period upto 99 years only to a person who does not own any land for agriculture on the date of the commencement of this Act and has been the original lessee either under the provisions of the East Punjab Utilisation of Lands Act, 1949 (Punjab Act 38 of 1949) or under the provisions of the Punjab Village Common Land (Regulation) Act, 1953 for a period not less than seven years and has remained in continuous cultivating possession of the leased land upto the 24th September, 1986, with corresponding entries in the revenue record: Provided further that the lessee shall make one time payment, as may be prescribed, for the period he remained in cultivating possession without making payment of lease money. Explanation.-"Person" for the purpose of this sub-section shall include legal heirs of the original allottee. (2) The gift, sell, exchange of lease of the land in shamilat deh already made shall be deemed to have been made under sub-section (1). 2r3) The land in shamllat deh gifted toa department. Board or any agency of the State Government by the panchayat by passing a resolution and without prior approval of the State Govermment before the 4th April, 2007 shall be regularized by the panchayat at by forwarding the said resolution to the State Governmnent for obtaining approval. The State Government may grant approval to such resolution."] SB. (1) Any transfer of land, gifted sold, exchanged or leased Certain before or after the commencement of this Act, made in contravention of transfers not to the prescribed terms and conditions, shall be void and the gifted, sold, affect panchayat's exchanged or leased land so transferred shall revest to, and revert in, the rights. panchayat free from all encumbrances. 1. Substituted by Haryana Act 88 of 2007 and again substituted by Haryana Act 23 of 2013. 2. Added by Haryana Act 10 of 2017. 12 (2) The Govermment or any officer authorized by it may, either suo motu or on application made to him by a panchayat or an inhabito. 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 separate proceedings under any law shall be required to cancel the sale, lease, gift or exchange. The panchayat shall be competent to take over the possession of such premises including the constructions thereon. If any, for which no compensation shall be payable.] Appeal. 6. (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 a c d s o e n c h i f e s i r i t o m h n i , n , k r a e s p v p t e o e r s a b e l e t o j o u r s [ m t t h o a e d n i d f A y p s r s t o h is p e t e a a r n c . t t C or o d ll e e c c i t s o io r n o , f o th r e m f a ir k s e t s g u ra c d h e o ] th w e h r o o m rd a e y r grade] shal ( l 2 ) b e f T in h a e l . a ppellate order of '[the Assistant Collector of the first Powers to put c p p e o a r n s ta s c i e h n s a s y l i a a o n t n d s s o . i n f P p in a a n n th c c e h h a a v [ y y 7 i a l a l . t t a O g o ( e r f 1 f a m ) ic n A a e i y r n n , o h A e r a i S s b th s o i i t e c s a r t i n a a s n l t u t E o o C f d u o th m c ll e a e o t t c v i u o t o i o l n r l r a o o g n f e t a h o n e r f t a i h r p e s p t B l g i l c r o a a d c ti k e o h n D a m e v a v in d e g e lo j t p u o m r i h s e i d m n ic t t b i a y o n n d a and Panchayat officer authorised by the Block Development Officer, or any other making such summary and Panchayat Officer, after with such procedure enquiry as he may deem fit and in accordance as may be prescribed, wrongful or unauthorised possession eject any person who is in property in the shamilat of the land or other immovable have been vested in the pa d n e c h h a o y f a t t h at village which vests or is deemed to possession thereof and for sß doin u g n d t e h r e th A is s s A is c t t a n an t d put the panchayat in grade may exercise the powers Collector of the first execution of a decree for possessi o o f n a revenue court in relation to the Act, 1887: of land under the Punjab Tenancy Provided that if in any such proceedings and proved primaf acie on the basis of docume t n h t e s question of title is raiseo 1. Substituted that the question by Haryana of title 2. Substituted Act 47 of 1973. by Haryana Act 9 of 1992. Act 34 of 1974, and further substituted by Haryad 13 is really involved, the Assistant Collector of the first grade shall record a finding to that effect and first decide the question of title in the manncr laid down hereinafter. (2) The Assistant Collector of the first grade shall 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 wrongtul or unathorised possession, at a rate not less than five thousand rupees and not more than ten 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 thirty days from the date of the order, the same shall be recoverable as arrears of land revenue. (3) The procedure for deciding the question of title under proviso to sub-section (1), shall be the same as laid down in the Code of Civil Procedure, 1908. (4) If any person refuses or fails to comply with the order of eviction passed under sub-section (), within ten days 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. (5) Any person who is found in wrongful possession of the land or other immnovable property in shamilat deh and is ordered to be ejected under sub-section (1), shall be punishable with imprisonment for a term which may extend to two years. 7A. Notwithstanding anything contained in the Code of Criminal Cognizance of Procedure, 1973 (2 of 1974), no court other than that of the Judicial offence. Magistrate of the first class. shall take cognizance of, or try,a ny offence punishable under this Act. 7B. No court shall take cognizance of any offence under this Act Procedure for except on the complaint of, or upon information received by the Block prosecution. Development and Panchayat Officer or District Development and Panchayat Officer or any other 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.] 8. (1) Where on any land in the shamilat deh immediately before Saving of it vests or isd eemed to have been vested in a Panchayat under this Act, a existing person is in cultivating possesion and his uncut and ungathered crops are Posseson. standing thereon, he shalln ot be ejected from such land unless the crops have ripened and he has been allowed reasonable time to harvest them. 14 determination (2) Any person aggrieved by any made by a panchayat under sub-section(1) may, within thirty days thereof, appeal to [the Assistant Collector of the first grade] whose decision thereon shall be final. 9. Any income accruing fromn the use arnd occupation of the lands by Ualisation of vested or deemed to have been vested in a panchayat shall be credited to InCOme. opr the panchayat fund and shallb e utilised in the manner prescribed. exc 10. No person shall be entitled to any compensation for any loss Bar of Cor compensation. suffered or alleged to have been suffered as a result of the coming into firs force of this Act or of the shamilat law. an Power of {10A. (1) Notwithstanding anything contained in this Act or the tim [Assistant Collector of the shamilat law or any other law for the time being in force, [the Asistant ex first grade] to Collector of the first grade may call for from any panchayat in the area of cancel or vary his jurisdication ]th e record of any [sale, lease], lgift or exchange] contract CO [sales or or agreement entered into by the panchayat in respect of any land vested act lcases, gift or exchange or) or deemed to be vested in it, whether such [sale, lease or gift, exchange], un contract or agreement is entered into before or after the commencement of etc. of lands CO vested in the Punjab Village Common Lands (Regulation) Amendment Act, 1964, ag panchcayats. and examine such record for the purpose of satisfying himself as to the A: legality or properety of such sale, lease], [gift or exchange], contract or th agreement. (2) Where,o n examination of the record under sub-section (1) and after making such inquiry, if any, as he may deem fit, S[the Assistant Collector of the first grade] is satisfied that such {sale, lease, gift or a exchange], contract or agreement. (i) has been entered into in contravention of any of the f provisions of this Act or the rules made thereunder;, or (ü) has been entered into as a result of fraud concealment of facts; or (üi) is detrimentalto the interests of the panchayat as prescribed: [the Assistant Collector of the first grade] may. notwithstanding anything as aforesaid, cancel the [sale. lease, gift or exchange], contract or agreement or vary 1. Substituted by Haryana Act 47 of 1973. 2. Inserted by Punjab Act 19 of 1964, section 4. 3. Substituted by Haryana Act 47 of 1973. 4. s S u u b b s s t t i i t t u u t t e e d d b f y o r H t a h r e y a w na o rd A s c t " 8 L e o a f s 2 e 0 s' 0 " 7 b . y Haryana Act 34 of 1974 and furUc 5. Substituted by Haryana Act 47 of 1973. 15 terms thereof unconditionally or subject to such conditions as he may think fit: by '[the A P s r s o i v st i a d n ed t C th o a l t l e n c o t o o r r d o e f r t u h n e d e fi r r s th t is g r s a u d b e - ] s e w ct i i t o h n o u s t h a a l f l f o b r e d i p n a g s se a d n opportunity of being heard to the parties to the '[sale, lease, gift or exchange], contract or agreement. (3) Where the terms of any {sale, lease, gift of exchange l, contract or agreement have been varied by [the Assistant Collector of the first grade] under sub-section (2), the variation shall, notwithstanding anything contained in this Act or the shamilat law or in any law for the time being in force, be binding on the parties to the {sale, lease, gift or exchange], contract or agreement, as the case may be. (4) Where the [vendee, lessee] or the person with whom a contract or agreement has been entered intob y a Panchayat refuses to accept the variation made by [the Assistant Collector of the first grade] under this section int he terms of x x x] 2sale, lease], (gift or exchange ] contract or agreement, such '[sale, lease, gift or exchange], contract or agreement, as the case may be, shallb e deemed tob e cancelled by 'the Assistant Collector of the first grade] under this section with effect from the date of such refusal. (5) Where under this section any [sale, lease,gift or exchange], C o a a 2 g r [ o f e d r n e t o v h t e n r m a e a e r c n e f i t e i ] e r o d n o s , t r t r h t a s g h a g u r e s r a c e d h b e { e e p m v ] e e e n e f r n o s n e d o r t n e n i a t e s e n w , r c y l e h a e d n i l s c o s c i h n s e e s t e n l o l ] a o e , o t d r b u r d e r o t a h a r a l m e d s l y s e p a e a e e g s r m r e s o s e e o s c d e d n a b u i t w n o y s e i t b [ t h d h t e e h t c w u o e a s h n A t u o h c a s m e e l s l c i v l s t o e h e t d u a n e n r d o c s t e r e o C e i n o t , o s t f r l l t t e l a e h e s c r c i s t m n t e o o g e s r r s , variation: from such cancellation or compensation shall be given for any remote Provided that no such cancellation or sustained by reason of such indirect loss or damage and variation. anything contained in any law for the time Notwithstanding Assistant (6) awarded by '[the compensation C be o i l n l g ec i t n o r f o o r f c t e h , e t h f e i r a s m t g o r u a n d t e ] o u f m nd a e n r n e th r i a s n s d e s c h ti a o l n l b sh e a a ll v b a e li d p a c y h a a b rg le e b o y n t h th e e prescribed Panchayat in the sabha fund. 1. S S u u b b s s t t i i t t u u t t e e d d b fo y r H th ar e y w an o a r d A s c " t L 4 e 7 a o s 2 e f 0 s 1 " 0 9 7 b 7 . 3 y . Haryana Act 34 of 1974 and further 2. Haryana Act &o f substituted by 1974. Haryana Act 34 of Omitted by 3. 16 (7) Any partyy t o a' [sale, lease]. [gift or exchange) 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.] Sales of land 11. Notwithsatanding anything contained in the Punjab Pre-emption shamilat deh Act, 1913, no sale of land in shamilat deh made by a panchayat shall be not to be pre pre-emptible and no decree of pre-emption in respect of any such sale emptible. shall be executed after the commencement of this Act. Rent of 12. Any arrears of rent payable to a panchayat in respect of any shamilat lands land in shamilat deh vested or deemed to have been vested in it under this to be Act or the shamilat law (or any amount assessed under sub-section (2) of recoverable as section 7] shallb e recoverable as arrears of land revenue. arrears of land revenue. Bar of [13. No civilc ourt shall have jurisdication. Jurisdiction. (a) to entertain or adjudicate upon any question whether (i) any land or other immovable property is or not shamilat deh; (ü) 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.] Adjudication. pancha $ y [1 a 3 t A o . r its ( 1 G ) r A am ny S pe a r c s h o i n v, o th r e i n c o th n e c e c r a n s e e d o B f l a o c p k a n D ch ev ay el a o t, p m eit e h n e t r the and 1. i S n u s b er s t t e it d u t b e y d H fo a r r y t a h n e a w A o c r t d s & o " L f e 2 a 0 s 0 e 7 s . " by Haryana Act 34 of 1974 and further 2. Substituted by Haryana Act 47 of 1973. 3. Inserted by Haryana Act 23 of 1973. 4. Substituted o A f c t M 2 a o y f , 1 1 9 9 8 6 b 1 1 y . a H nd a r s y h a a n l a l b A e c d t ee 3 m 4 e o d f t 1 o 9 h 7 a 4 v e a n b d e e f n u r s th u e b r s ti s t u u b te s d ti tu w t . e e d .f . b t y h e H 4 a th ry a d n ay a 5. o d 1 I 1 m n e 9 9 e s 7 8 i e m t 1 4 r t e t e a e a d d n d n d b d t b y o y s t h H h h H a e a a l a v r l n b y r e e y e a w a n b d n a e e a s e e A e n m A c c t e t c i i d n o t 9 s n , 3 t e o s 4 1 r t 9 h i e o n 9 a d f v s 2 e e 1 w a r 9 t n b e . 7 e d e d . 4 e f f . n a u b n y o t r h t d m h e H e i f t r u 4 a t e r t r i h y t d n h a s e w d n e r r a a . t y e o e . A d m f o c t b i f h t t y t e e M H d 2 1 a a o 2 y b r f t y y , h a 1 d H n 1 9 a 9 a 8 a y 6 1 r 1 y o a a f a n n n d a N d o A s v h f c e u a t m r l t l 2 h b e e b o r r e f , Act 9 of 1999. 17 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 toh ave been vested in the panchayat under this Act, may file a suit for adjudication, whether such land or other immovable propertyi s shamilat deh 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 which the question of title has been raised and decided or under adjudication. (2) The procedure for deciding the suits under sub-section (1) shall be the same as laid down in the Code of CivilP rocedure, 1908( Act 5o f 1908). 13AA. (1) Any person, aggrieved by an order passed under sub- Appeal and section (1) of section 13A, may within a period of thirty days from the Revision. 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 (l), call for the record of any proceedings pending before, or order passed by the Commissioner for the purpose of satifying 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 shallb e passed unless he has been afforded an opportunity of being heard.] [13B. (1) Any person aggrieved by an order of the Assistant Appeal and Collector of the first grade may, within a period of thirty days from the Revision. date of order passed under sub-section (l) or sub-section (2) of section 7 prefer an appeal to the Collector ins uch form and manner, as may be prescribed , and the Collector may after hearing the appcal. Confirm, vary or reverse the order as he deems fit: 1. Substituted by Haryana Act 98 of 1992. 18 Provided that no such appeal shall lie unless thea mount of penalty, if any, imposed under sub-section (2) of section 7, is deposited with the Collector.] (2) The Commissioner may, suo motu '|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 an proceedings pending before, or order passed by, any authority subordinate toh im 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. o F r i d n e a r li s t . y of 13C. 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. t P h r i o s v A is c i t o n to s b o e f 13D. The provisions of this Act shall have effect notwithstanding overriding. anything to the contrary contained in any law, agreement, custom, usage, decree or order of any court or other authority in .] s trument, Public Servant. this Ac [ t 1 o 3 r - t E he . ru E le v s e r m y a o d f e f i t c h e e r r e o u r n e d m er p loyee acting under the provisions of within the meaning of section 21 of s t h h a e l l I b n e d i d a e n e m P e e d n a to l C b o e d a e p .] u blic servant Indemnity. 14. No suit, prosecution the State Government or other legal proceedings shall lie against intended to be done in o g r o o a d n y fa p it e h r s i o n n p o e r r s a u u a t n h c o e r ity for anything done or Act. of the provisions of this Saving. 14A. Nothing contained in this Act or the shamilat law shall (a) affect or shall be deemed of the State Government ever to have affected any right be vested in a panchayat in the land vested or deemed to under this Act; or 1. Substituted by Haryana 2. Inserted by ibid. Act 9 of 1992. 3. Inserted by Punjab Act 19 of 1964, section 5. 19 (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.}] 15. (1) The State Government may, by notification in the Official Power tom ake rules. 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 the 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 ; (b) [the maximum and minimum area to be sold, gifted, exchange 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 complied in any office or submitted to any authority ; (d) determining the principles on which and the manner in compensation may be paid under sub-section (2) which of section3 ; (e) the terms and condition on which the use and occupation permitted; of any such land is circumstances in which any such land () the manner and transferred or sold : may be isposed of '(fM the terms and condition on which the land in shamilat deh may be gifted, sold, exchanged or leased, and 1. Inserted by Haryana Act 25 of 1976. Further substituted by Harvana Act 8 of 2007. 20 (8) the purposes for which any such land may be givens free of charge; (h) the regulation of procedure where a panchayat '[sues or is sued]i n its representative capacity ; (i) the manner and the order of priority in which the excess area shall be utilised by '{the Assistant Collector of the first grade] under sub-section (l) of section 5; G) the officer by whom and the manner in which the area of shamilat deh referred to in sub-section (5) shall be demarcated; and I(k) the form and manner of filling an appeal under section 13AA and 13B ; () any other matter whichc an be or may be prescribed. s R a e v p in e g al . and 16. The Punjab Village Common Lands (Regulation) Act, 1953, and the Pepsu Village Common Lands (Regulation) Act, 1954, are hereby repealed : so repeale P d r o s v h id a e ll d b t e h a d t e a e n m yt e h d i n t g o d h o a n v e e o r b a e n e y n a d c o ti n o e n o ta r k e ta n k u e n n d e u r n a d n e y r l t a h w e a c c o c r o re r s d p in o g n l d y i , n g provision of this Act, and shall continue to be in force taken under th u i n s le A s c s t . a nd until superseded by anything done or any action '[Important Note. (1) On the commencement before the Collector of this Act, the appeals pending shall be disposed other proceedings of by him while the shall standing transferred Assistant to the Collector of the first grade. (2) An appeal shall lie to the Commissioner passed by the Collector from any order before the commencement Act shall be disposed of this of by him.] 2. Substituted by Haryana 1. S su u b b s s t t i i t t u u t t e e d d . b F y u r H th a e r r y a s n u a b s A ti c tu t t 2 e d o f b 1 y 9 8 H 1 a r a y n a d n a s h A a c ll t a lw 8o a f y s 2 0 b 0 e 7 d . eemed to have been Act 47 of 1973. 21 "7. Notwithstanding any judgement, decree or order of any civil Validation. court, all actions taken, rules made and orders or decree or 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 judgements, orders or dectees were passed by the Revenue Court, officer or authority.] 55654LR.-H.G.P., Ch. 1. See Haryana Act 2 of 1981. HARYANA GOVT. GAZ. (EXTRA.), JUNE 5, 2017 (JYST. 14, 1939 SAKA) 171 gfj;k.kk ljdkj fof/k rFkk fo/kk;h foHkkx vf/klwpuk fnukad 5 twu] 2017 la[;k ySt- 10@2017-& fn iatkc foy~&bt dkWeu ySUMt ¼jxs ;wys’kWu½ gfj;k.kk vWesUMesUV ,sDV] 2017] dk fuEufyf[kr fgUnh vuqokn gfj;k.kk ds jkT;iky dh fnukad 18 ebZ] 2017 dh Loh—fr ds v/khu ,rn~}kjk çdkf’kr fd;k tkrk gS vkSj ;g gfj;k.kk jktHkk"kk vf/kfu;e] 1969 ¼1969 dk 17½] dh /kkjk 4&d ds [k.M ¼d½ ds v/khu mDr vf/kfu;e dk fgUnh Hkk"kk es a çkekf.kd ikB le>k tk,xk %& 2017 dk gfj;k.kk vf/kfu;e la[;k 10 Ikatkc xzke 'kkeykr Hkwfe ¼fofu;eu½ gfj;k.kk la’kks/ku vf/kfu;e] 2017 Ikatkc xzke 'kkeykr Hkwfe ¼fofu;eu½ vf/kfu;e] 1961] gfj;k.kk jkT;kFkZ] dks vkxs la’kksf/kr djus ds fy, vf/kfu;e Hkkjr x.kjkT; ds vM+lBos a o"kZ eas gfj;k.kk jkT; fo/kkue.My }kjk fuEufyf[kr :i eas ;g vf/kfu;fer gks %& 1- ;g vf/kfu;e Ikatkc xzke 'kkeykr Hkwfe ¼fofu;eu½ gfj;k.kk la’kks/ku vf/kfu;e] 2017] dgk laf{kIr ukeA tk ldrk gSA 2- Ikatkc xzke 'kkeykr Hkwfe ¼fofu;eu½ vf/kfu;e] 1961 dh /kkjk 5d dh mi/kkjk ¼2½ ds ckn] 1961 ds iatkc fuEufyf[kr mi/kkjk tksM+h tk,xh] vFkkZr~ %& vf/kfu;e 18 dh /kkjk 5d dk ^^¼3½ 4 vizSy] 2007 ls iwoZ iapk;r }kjk ladYi ikfjr djr s gq, rFkk jkT; ljdkj la’kks/kuA ds iwoZ vuqeksnu ds fcuk jkT; ljdkj ds fdlh foHkkx] cksMZ ;k fdlh vfHkdj.k dk s migkj eas nh xbZ 'kkeykr ngs eas Hkwfe] iapk;r }kjk mDr ladYi dk vuqeksnu izkIr dju s ds fy, jkT; ljdkj dk s vxzsf"kr djr s gq,] fofu;fer dh tk,xhA jkT; ljdkj ,sl s ladYi dk vuqeksnu iznku dj ldrh gSA^^A dqynhi tSu] lfpo] gfj;k.kk ljdkj] fof/k rFkk fo/kk;h foHkkxA 55372—L.R.—H.G.P., Chd. HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA) 217 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 7th December, 2020 No. Leg. 40/2020.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 26th November, 2020 and is hereby published for general information:– HARYANA ACT NO. 30 OF 2020 THE PUNJAB VILLAGE COMMON LANDS (REGULATION) HARYANA AMENDMENT ACT, 2020 AN ACT further to amend the Punjab Village Common Lands (Regulation) Act, 1961, in its application to the State of Haryana. Be it enacted by the Legislature of the State of Haryana in the Seventy-first Year of the Republic of India as follows:– 1. This Act may be called the Punjab Village Common Lands (Regulation) Haryana Short title. Amendment Act, 2020. 2. In section 2 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter Amendment of called the principal Act),– section 2 of Punjab Act 18 of 1961.
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The Haryana Village Common Lands (Regulation) Act,1961 — segment 2
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The Haryana Village Common Lands (Regulation) Act,1961 — segment 2
AI-assisted research summary: The text amends short titles of listed Punjab and East Punjab Acts to Haryana, keeps their act numbers and years unchanged, and also adds rules for certain village common land transfers and vesting in Haryana.
(i) in clause (bb), the words and sign “Manimajra Block,” shall be omitted; (ii) in clause (g),- (a) in sub-clause (4), for the words, signs and figures “clause (mmm) of section 3 of the Punjab Gram Panchayat Act, 1952”, the words, signs and figures “clause (liv) of section 2 of the Haryana Panchayati Raj Act, 1994” shall be substituted; and (b) item (i) shall be omitted. 3. In sub–section (2) of section 7 of the principal Act, for the words “at a rate not less than Amendment of five thousand rupees and not more than ten thousand rupees per hectare per annum”, the words section 7 of Punjab Act 18 of 1961. “at the rate of one percent of the Collector rate of the land per acre per annum with the ceiling of total penalty amount equal to ten percent of the current Collector rate of the encroached land” shall be substituted. BIMLESH TANWAR, Administrative Secretary to Government, Haryana, Law and Legislative Department. 8990—L.R.—H.G.P. Pkl. HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA) 101 PART - I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 5th April, 2021 No. Leg. 15/2021.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 31st March, 2021 and is hereby published for general information:- HARYANA ACT NO. 15 OF 2021 THE HARYANA SHORT TITLES AMENDMENT ACT, 2021 AN ACT to amend the short titles of Punjab Acts and East Punjab Acts as applicable to the State of Haryana. Be it enacted by the Legislature of the State of Haryana in the Seventy-second Year of the Republic of India as follows:- 1. This Act may be called the Haryana Short Titles Amendment Act, 2021. Short title. 2. In this Act, unless the context otherwise requires,- Definitions. (a) “Punjab Act” and “East Punjab Act” mean the Act enacted by a competent legislature or other competent authority before the 1st November, 1966 for the State of Punjab or the East Punjab, as the case may be and as are applicable to the State of Haryana on the commencement of this Act; (b) “Schedule” means the Schedule appended to this Act. 3. In the short title of each of the Punjab Acts and East Punjab Acts specified in column 2 of Amendment of the Schedule, for the word “Punjab” and “East Punjab”, the word “Haryana” shall be, and shall short titles of Punjab and East be deemed to have been substituted with effect from the 1st November, 1966. Punjab Acts. 4. Notwithstanding the amendment of short titles of Punjab Acts and East Punjab Acts Citation of Punjab specified in column 2 of the Schedule by section 3, the citation of the Acts by reference to the Acts and East Punjab Acts number and year respectively specified in column 3 of the Schedule against those Acts shall stands stand unmodified. unmodified. 5. Unless the context otherwise requires, any reference to the short title of the Punjab Acts Construction of and East Punjab Acts specified in the Schedule, in any rules, regulations, bye-laws, schemes, subordinate legislation made notifications or orders or in any other instrument made or issued under the said Punjab Act and under Punjab Acts East Punjab Act, shall be construed as a reference to the short title of the said Punjab Act as and East Punjab amended by this Act. Acts. 102 HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA) SCHEDULE Sr. Name of the Act Act number and Year No. 1 2 3 1. The Punjab Laws Act, 1872 Punjab Act 4 of 1872 2. The Punjab District Boards Act, 1883 Punjab Act 20 of 1883 3. The Punjab Tenancy Act, 1887 Punjab Act 16 of 1887 4. The Punjab Land Revenue Act, 1887 Punjab Act 17 of 1887 5. The Punjab Courts (Supplementing) Act, 1918 Punjab Act 9 of 1919 6. The Punjab General Clauses Act, 1898 Punjab Act I of 1898 7. The Punjab Riverain Boundaries Act, 1899 Punjab Act 1 of 1899 8. The Punjab Land Preservation Act, 1900 Punjab Act 2 of 1900 9. The Punjab Minor Canals Act, 1905 Punjab Act 3 of 1905 10. The Colonization of Government Lands (Punjab) Act, 1912 Punjab Act 5 of 1912 11. The Punjab Pre-emption Act, 1913 Punjab Act 1 of 1913 12. The Redemption of Mortgages (Punjab) Act, 1913 Punjab Act 2 of 1913 13. The Punjab Forest (Sale of Timber) Act, 1913 Punjab Act 3 of 1913 14. The Punjab Excise Act, 1914 Punjab Act 1 of 1914 15. The Punjab Fisheries Act, 1914 Punjab Act 2 of 1914 16. The Punjab Military Transport Act, 1916 Punjab Act 1 of 1916 17. The Punjab Medical Registration Act, 1916 Punjab Act 2 of 1916 18. The Punjab Courts Act, 1918 Punjab Act 6 of 1918 19. The Punjab Juvenile Smoking Act, 1918 Punjab Act 7 of 1918 20. The Punjab Village and Small Towns Patrol Act, 1918 Punjab Act 8 of 1918 21. The Punjab Limitation (Custom) Act, 1920 Punjab Act 1 of 1920 22. The Punjab Custom (Power to Contest) Act, 1920 Punjab Act 2 of 1920 23. The Punjab Local Option Act, 1923 Punjab Act 5 of 1923 24. The Punjab Aerial Ropeways Act, 1926 Punjab Act V of 1926 25. The Punjab Borstal Act, 1926 Punjab Act XI of 1926 26. The Punjab District Boards (Tax Validating) Act, 1927 Punjab Act III of 1927 27. The Punjab Regulation of Accounts Act, 1930 Punjab Act I of 1930 28. The Punjab Registration Validating Act, 1930 Punjab Act II of 1930 29. The Punjab Nurses Registration Act, 1932 Punjab Act I of 1932 30. The Punjab Small Towns (Tax Validating) Act, 1934 Punjab Act III of 1934 31. The Punjab Municipal (Tax Validating) Act, 1934 Punjab Act IV of 1934 32. The Punjab Relief of Indebtedness Act, 1934 Punjab Act VII of 1934 33. The Punjab State Aid to Industries Act, 1935 Punjab Act V of 1935 34. The Punjab Debtors’ Protection Act, 1936 Punjab Act 2 of 1936 35. The Punjab Copying Fees Act, 1936 Punjab Act 5 of 1936 36. The Punjab Registration of Money Lenders Act, 1938 Punjab Act 3 of 1938 37. The Punjab Restitution of Mortgaged Lands Act, 1938 Punjab Act 4 of 1938 HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA) 103 Sr. Name of the Act Act number and Year No. 1 2 3 38. The Punjab Debtors’ Protection (Amendment) Act, 1938 Punjab Act IX of 1938 39. The Punjab Legislative Assembly (Offices) Act, 1939 Punjab Act 7 of 1939 40. The Punjab Jagirs Act, 1941 Punjab Act V of 1941 41. The Punjab Suppression of Indecent Advertisements Act, 1941 Punjab Act 7 of 1941 42. The Punjab Urban Immovable Property Tax (Validation of Lists) Act, Punjab Act V of 1943 1943 43. The East Punjab Local Authorities (Restriction of Functions) Act, 1947 East Punjab Act 9 of 1947 44. The East Punjab Armed Band (Arrest and Detention) Act, 1947 East Punjab Act 11 of 1947 45. The East Punjab Extension of Limitation Act, 1947 East Punjab Act XVI of 1947 46. The East Punjab Refugees Rehabilitation (Loans and Grant) Act, 1948 East Punjab Act 2 of 1948 47. The East Punjab Refugees (Registration of Claims) Act, 1948 East Punjab Act 8 of 1948 48. The East Punjab Molasses (Control) Act, 1948 East Punjab Act XI of 1948 49. The East Punjab Refugees (Registration of Land Claims) Act, 1948 East Punjab Act XII of 1948 50. The East Punjab (Exchange of Prisoners) Act, 1948 East Punjab Act 13 of 1948 51. The East Punjab (Removal of Religious and Social Disabilities) Act, 1948 East Punjab Act 16 of 1948 52. The East Punjab Factories (Control of Dismantling) Act, 1948 East Punjab Act 20 of 1948 53. The East Punjab War Awards Act, 1948 East Punjab Act 22 of 1948 54. The East Punjab Cotton (Statistics) Act, 1948 East Punjab Act 23 of 1948 55. The East Punjab Enumeration of Dwellings Act, 1948 East Punjab Act 24 of 1948 56. The East Punjab Special Tribunal (Continuance) Act, 1948 East Punjab Act 29 of 1948 57. The East Punjab Refugees Rehabilitation (Buildings and Building Sites) East Punjab Act 42 of 1948 Act, 1948 58. The East Punjab Refugees Rehabilitation (House Building Loans) Act, East Punjab Act 43 of 1948 1948 59. The Punjab Livestock and Birds Diseases Act, 1948 Punjab Act 47 of 1948 60. The East Punjab Holdings (Consolidation and Prevention of East Punjab Act 50 of 1948 Fragmentation) Act, 1948 61. The East Punjab Control of Bricks Supplies Act, 1949 East Punjab Act I of 1949 62. The East Punjab Conservation of Fire Wood Supplies Act, 1949 East Punjab Act II of 1949 63. The East Punjab Agricultural Pests Diseases and Noxious Weeds Act, East Punjab Act 4 of 1949 1949 64. The East Punjab Damaged Areas Act, 1949 East Punjab Act 10 of 1949 65. The East Punjab Conservation of Manures Act, 1949 East Punjab Act 15 of 1949 66. The East Punjab Improved Seeds and Seedlings Act, 1949 East Punjab Act 19 of 1949 67. The East Punjab Drugs (Control) Act, 1949 East Punjab Act 30 of 1949 68. The East Punjab Displaced Persons (Land Resettlement) Act, 1949 East Punjab Act 36 of 1949 69. The East Punjab Utilization of Lands Act, 1949 East Punjab Act 38 of 1949 70. The Punjab Merged States (Laws) Act, 1950 Punjab Act 5 of 1950 104 HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA) Sr. Name of the Act Act number and Year No. 1 2 3 71. The Punjab Abolition of Villages Cess (Kuri Kamini) Act, 1950 Punjab Act 6 of 1950 72. The Punjab Special Tribunal (Change of Composition) Act, 1950 Punjab Act 10 of 1950 73. The Punjab Local Authorities Census Expenses Contribution Act, 1950 Punjab Act 19 of 1950 74. The Punjab Forward Contracts Tax Act, 1951 Punjab Act 7 of 1951 75. The Punjab Development of Damaged Areas Act, 1951 Punjab Act 10 of 1951 76. The Punjab Cinema (Regulation) Act, 1952 Punjab Act 11 of 1952 77. The Punjab New Capital (Periphery) Control Act, 1952 Punjab Act 1 of 1953 78. The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 Punjab Act 8 of 1953 79. The Punjab Abolition of Ala Malikiyat and Talukdari Rights Act, 1952 Punjab Act IX of 1953 80. The Punjab Security of Land Tenures Act, 1953 Punjab Act 10 of 1953 81. The Punjab Security of the State Act, 1953 Punjab Act 12 of 1953 82. The Punjab Silkworm Seed Control Act, 1953 Punjab Act 17 of 1953 83. The Punjab Sikh Gurudwaras Board (Transitional Provisions) Act, 1953 Punjab Act 25 of 1953 84. The Punjab Local Authorities Laws (Exercise of Powers) Act, 1953 Punjab Act 34 of 1953 85. The Punjab Sugarcane (Regulation of Purchase and Supply) Act, 1953 Punjab Act 40 of 1953 86. The Punjab Livestock Improvement Act, 1953 Punjab Act 47 of 1953 87. The Punjab Vaccination Act, 1953 Punjab Act 49 of 1953 88. The Punjab Entertainments Tax (Cinematograph Shows) Act, 1954 Punjab Act 8 of 1954 89. The Punjab State Tubewell Act, 1954 Punjab Act 21 of 1954 90. The Punjab Departmental Enquiries (Powers) Act, 1955 Punjab Act 8 of 1955 91. The Punjab Entertainments Duty Act, 1955 Punjab Act 16 of 1955 92. The Punjab District Boards (Tax Validating) Act, 1955 Punjab Act 27 of 1955 93. The Punjab Land Revenue (Special Assessments) Act, 1955 Punjab Act 6 of 1956 94. The Punjab Industrial Housing Act, 1956 Punjab Act 16 of 1956 95. The Punjab Municipal (Tax Validating) Act, 1956 Punjab Act 34 of 1956 96. The Punjab Instruments (Control of Noises) Act, 1956 Punjab Act 36 of 1956 97. The Punjab Special Powers (Press) Act, 1956 Punjab Act 38 of 1956 98. The Punjab Khadi and Village Industries Board Act, 1955 Punjab Act 40 of 1956 99. The Punjab Bhudan Yagna Act, 1955 Punjab Act 45 of 1956 100. The Punjab Laws (Extension No. 1) Act, 1957 Punjab Act 5 of 1957 101. The Punjab Consolidation of Land Proceedings (Validation) Act, 1957 Punjab Act 6 of 1957 102. The Punjab Laws (Extension No. 2) Act, 1957 Punjab Act 7 of 1957 103. The Industrial Disputes (Amendment and Miscellaneous Provisions) Punjab Act 9 of 1957 (Punjab Amendment) Act, 1957 104. The Punjab Backward Classes (Grant of Loans) Act, 1957 Punjab Act 17 of 1957 105. The Punjab Court of Wards (Validation of Exercise of Powers) Act, 1957 Punjab Act 18 of 1957 106. The Punjab Laws (Extension No.3) Act, 1957 Punjab Act 23 of 1957 107. The Punjab Laws (Application) Act, 1957 Punjab Act 33 of 1957 108. The Punjab Court Laws (Extension) Act, 1957 Punjab Act 38 of 1957 HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA) 105 Sr. Name of the Act Act number and Year No. 1 2 3 109. The Punjab Resumption of Jagirs Act, 1957 Punjab Act 39 of 1957 110. The Punjab State Legislature (Vacation of Seats) Act, 1957 Punjab Act 41 of 1957 111. The Punjab Warehouses Act, 1957 Punjab Act 2 of 1958 112. The Punjab Textiles and Sugar (Existing Stocks) Purchase Tax and Punjab Act 8 of 1958 Miscellaneous Provisions Act, 1958 113. The Punjab Electricity (Duty) Act, 1958 Punjab Act 10 of 1958 114. The Punjab Distressed Persons (Facilities for Loans) Act, 1958 Punjab Act 11 of 1958 115. The Punjab Shops and Commercial Establishments Act, 1958 Punjab Act 15 of 1958 116. The Punjab Laws (Extension No. 4) Act, 1958 Punjab Act 18 of 1958 117. The Punjab Weights and Measures (Enforcement) Act, 1958 Punjab Act 22 of 1958 118. The Punjab Laws (Extension No. 5) Act, 1958 Punjab Act 30 of 1958 119. The Punjab Laws (Extension No. 6) Act, 1959 Punjab Act 5 of 1959 120. The Punjab Reclamation of Land Act, 1959 Punjab Act 21 of 1959 121. The Punjab Local Authorities (Aided Schools) Act, 1959 Punjab Act 22 of 1959 122. The Punjab Cooperative Sugar Mills (Further Extension of Tenure of Punjab Act 27 of 1959 Boards) Act, 1959 123. The Punjab New Mandi Townships (Development and Regulation) Act, Punjab Act 2 of 1960 1960 124. The Punjab Registration Validating Act, 1960 Punjab Act 8 of 1960 125. The Punjab Repealing Act, 1960 Punjab Act 16 of 1960 126. The Punjab Laws (Extension No. 7) Act, 1960 Punjab Act 23 of 1960 127. The Punjab Non-Trading Companies Act, 1960 Punjab Act 25 of 1960 128. The Punjab Land Revenue (Additional Surcharge) Act, 1960 Punjab Act 38 of 1960 129. The Punjab Primary Education Act, 1960 Punjab Act 39 of 1960 130. The Punjab Laws (Extension No. 8) Act, 1960 Punjab Act 41 of 1960 131. The Punjab Laws (Extension No. 9) Act, 1960 Punjab Act 43 of 1960 132. The Punjab Money Lending and Debtors Protection Laws (Extension and Punjab Act 44 of 1960 Amendment) Act, 1960 133. The Punjab Compulsory Service Act, 1961 Punjab Act 5 of 1961 134. The Punjab Laws (Extension No. 10) Act, 1961 Punjab Act 8 of 1961 135. The Punjab Fruit Nurseries Act, 1961 Punjab Act 13 of 1961 136. The Punjab Abolition of Village Cess (Malba) Act, 1961 Punjab Act 17 of 1961 137. The Punjab Village Common Lands (Regulation) Act, 1961 Punjab Act 18 of 1961 138. The Punjab Slum Areas (Improvement and Clearance) Act, 1961 Punjab Act 24 of 1961 139. The Punjab Repealing Act, 1961 Punjab Act 31 of 1961 140. The Punjab Land Revenue Special Assessment (Exemption) Act, 1962 Punjab Act 7 of 1962 141. The Punjab Laws (Extension No.11) Act, 1962 Punjab Act 18 of 1962 142. The Punjab Temporary Taxation Act, 1962 Punjab Act 19 of 1962 143. The Punjab Passengers and Goods Taxation (Amendment and Punjab Act 9 of 1963 Miscellaneous Provisions) Act, 1963 106 HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA) Sr. Name of the Act Act number and Year No. 1 2 3 144. The Punjab Land Improvement Schemes Act, 1963 Punjab Act 23 of 1963 145. The Punjab Gift Goods (Unlawful Possession) Act, 1963 Punjab Act 24 of 1963 146. The Punjab Thur and Sem Lands (Reclamation) Act, 1963 Punjab Act 25 of 1963 147. The Punjab Scheduled Roads and Controlled Areas Restriction of Punjab Act 41 of 1963 Unregulated Development Act, 1963 148. The Punjab Ayurvedic and Unani Practitioners Act, 1963 Punjab Act 42 of 1963 149. The Punjab Dramatic Performances Act, 1964 Punjab Act 10 of 1964 150. The Punjab Ancient and Historical Monuments and Archaeological Sites Punjab Act 20 of 1964 and Remains Act, 1964 151. The Punjab Separation of Judicial and Executive Functions Act, 1964 Punjab Act 25 of 1964 152. The Punjab Industrial Establishments (National and Festival Holidays and Punjab Act 14 of 1965 Casual and Sick leave) Act, 1965 153. The Punjab Homoeopathic Practitioners Act, 1965 Punjab Act 16 of 1965 154. The Punjab Labour Welfare Fund Act, 1965 Punjab Act 17 of 1965 BIMLESH TANWAR, Administrative Secretary to Government, Haryana, Law and Legislative Department. 9140—L.R.—H.G.P., Pkl. HARYANA GOVT. GAZ. (EXTRA.), AUG. 16, 2024 (SRVN. 25, 1946 SAKA) 15 PART-II HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 16th August, 2024 No. Leg. 18/2024.— The following Ordinance of the Governor of Haryana promulgated under clause (1) of article 213 of the Constitution of India, on the 14th August, 2024, is hereby published for general information:- HARYANA ORDINANCE NO. 5 OF 2024 THE HARYANA VILLAGE COMMON LANDS (REGULATION) AMENDMENT ORDINANCE, 2024 AN ORDINANCE further to amend the Haryana Village Common Lands (Regulation) Act, 1961. Promulgated by the Governor of Haryana in the Seventy-fifth Year of the Republic of India. Whereas the Legislature of the State of Haryana is not in session and the Governor is satisfied that the circumstances exist which render it necessary for him to take immediate action; Now, therefore, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Haryana hereby promulgates the following Ordinance:- 1. This Ordinance may be called the Haryana Village Common Lands (Regulation) Short title. Amendment Ordinance, 2024. 2. After sub-clause (ii-a) of clause (g) of section 2 of the Haryana Village Common Lands Amendment of (Regulation) Act, 1961 (hereinafter called the principal Act), the following sub-clause shall be section 2 of Punjab Act 18 of inserted, namely:- 1961. “(ii-b) was shamilat deh and had been leased out, prior to the commencement of the Punjab Village Common Lands (Regulation) Rules, 1964 by the Collector under the Haryana Utilization of Lands Act, 1949 (East Punjab Act 38 of 1949) for a period of twenty years and the said land has been in continuous cultivating possession of the original lessee, transferee or his legal heir as per the revenue record on the date of commencement of this amendment Ordinance;”. 3. In sub-section (2) of section 3 of the principal Act,- Amendment of section 3 of (i) in clause (i), for the words, signs and brackets “under sub-clause (ii-a)”, the words, Punjab Act 18 of signs and brackets “under sub-clauses (ii-a) and (ii-b)” shall be substituted; 1961. (ii) in clause (ii),- (a) for the sign “.” existing at the end, the sign “;” shall be substituted; and (b) the following clause shall be added, namely:- “(iii) where any land has vested in Panchayat under this Act, but such land has been excluded from shamilat deh under sub-clause (ii-b) of clause (g) of section 2, all rights, title and interest of the Panchayat in such land, from the date of commencement of this amendment Ordinance shall cease and all such rights, title and interest in such land shall vest in the original lessee, transferee or his legal heir who is in cultivating possession as per the entries in the revenue records as on the date of commencement of this amendment Ordinance subject to the payment of an amount to the Panchayat, as may be determined in accordance with such principles and in such manner, as may be prescribed by the Collector on an application by the said lessee, transferee or his legal heir.”. 16 HARYANA GOVT. GAZ. (EXTRA.), AUG. 16, 2024 (SRVN. 25, 1946 SAKA) Amendment of 4. After sub-section (1) of section 5A of the principal Act, the following sub-section shall be section 5 of inserted, namely:- Punjab Act 18 of 1961. “(1A) Notwithstanding anything contained in sub-section (1), a Panchayat may, with the prior approval of the State Government, transfer its non-cultivable land in shamilat deh by sale to the inhabitant of the village who has constructed on or before the 31st March, 2004, a house or part thereof along with open space up to twenty-five percent of the constructed area, both put together not exceeding five hundred square yards and not causing any obstruction to traffic and other public utilities and also not a land reserved for pond or any other water body or revenue rasta entered as such in revenue record, at the rate not less than the market rate, to be determined in such manner, as may be prescribed.”. CHANDIGARH: BANDARU DATTATRAYA, THE 14TH AUGUST, 2024 GOVERNOR OF HARYANA. ………….. RITU GARG, ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT. 11243—L.R.—H.G.P. Pkl.
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The Haryana Village Common Lands (Regulation) Act,1961
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