The Punjab Village Common Lands (Regulation) Act, 1961

ThePunjabVillage Common Lands(Regulation) Act,1961Asapplicable toHaryana1.Short title,extent andcommencement 22.Definitions 23.Lands towhichthisActapplies 84.Vesting ofrightsinPanchayats andnon-proprietors 95.Regulation ofuseandoccupation etc.oflandsvested ordeemed tohavebeen vested inpanchayats 115-A.Disposal oflandsvested ordeemed tohavebeen vesled inPanchayat 12.5-B.Certain transfers nottoaffectPanchayat's rights 126.Appeal 137.Powertoput Panchayat inpossession ofcertain lands 137-A.Cognizance ofoffence 147-B.Procedure forprosecution 148.Savingofexistingpossession 16.-9.Utilisation ofincome 1610.Barofcompensation 1610-A.Power ofAssistant Collector offirstgrade tocancelorvarysales orleasesetc,oflandsvestedinPanchayats 16~1.Salesof~andinShamilat dehnottobepre-emptible 1812.Rent ofShamilat landstoberecoverable asarrears oflandrevenue 2013.BarofJurisdiction 2013-A.Adjudication 20

13-AA. Appeal and revision13-B. Appeal and revision13-C. Finality oforders13-D. ProvisiBns ofthis Act isto be over-riding13-E. Public Servant14.Indemnity14-A. Saving15.Power to make rules16.Repeal and Saving17.Validation2121222222-27272728.29

ThePunjabVillage Common Lands(Regulation) Act,1961(Punjab ActNo.IS of1961)Asapplicable toPunjab"1.Short title, extent andcommencement 542.Definitions 543.LandstowhichthisActapplies 594.Vesting ofrightsinPanchayats andnon-proprietors 605.Regulation ofuseandoccupation etc.oflandsvested ordeemed tohavebeen vested inPanchayats 626.Appeal 637.PowertoputthePanchayat inpossession ofshamilat deh 637-A.Commissioner under thisActtoexercisepower underPunjab Act31of1973 648.Savingofexistingpossession 659.Utilisation ofincome 6610.Barofcompensation 66lO-A.Powerofthe Collector tocancelorvaryleasesetc.oflandsvested inPanchayats 6611.Decision ofclaimsofright,titleorinterest inShamilat deh 6712.Finalityoforders 6913.BarofJurisdiction inCivilCourt13-A.Penalties andprocedure697013-B.ProvisionsofthisActtobeoverridung 7014.Indemnity 7414-A.Saving 7415.Power tomake rules 7516.Repeal andSaving 76****

The Punja"bVillage Common Lands(Regulation) Act, 1961(Punjab ActNo.18of1961)Asapplicable toHaryana .Received the assenf of the President of India on the 22ndApril, 1961 and was first published in Punjab Govt. Gazette(Extraordinary) Legislative Supp!. Part Idated 4-5-1961. Vaisakha14,1883Saka.Preamble.--An Act to consolidate and amend the lawregulating the rights inShamilat deh and abadi deh.COMMENTARY1[STATEMENT OFOBJECTS AND REASONSIt is propused to repeal the Punjab Village Common Lands(Regulation) Act, 1953, and the Pepsu Village Common Lands(Regulation) Act, 1954,which are inforce inthe areas {)ferstwhilePunjab and Pepsu respectively; and to adopt a uniform legislationfor the whole State incorporating the provisions of the PunjabVillage Common Lands (Regulation) Act, 1953, and the PunjabVillage Common Lands (Regulation) (Amendment) Bill, 1956,which was passed by the State Legislature of erstwhile Punjab butwas not assented to by the President of India. Certain defects andomissions experienced from time to time during the administrationofthe laware sought to be rectified bythe proposed Bill.2. A cOruprehensive definition of "Shamilat deh" withretrospective effect has been provided. The Bill also seeks toutilize the Shamilat area inexcess of25per cent ofthe total area ofavillage for the settlement of tenants ejected or to be ejected :mdfor increa~ing the size of small holdings there; to make arrears ofrent ofshamilat lands recoverable asarrears ofLand Revenue; andto authorise summary removal of encroachments on shamilatlands.]Be it enacted by the Legislature of the State of Punjab in thetwelfth year ofthe Republic ofIndia asfollows:

(iii) has been partitioned and brought under cultivationby individual landholders before the 26th January,1950 ;(iv) having been acquired before the 26th January, 1950,by a person by purchase or in exchange forproprietory land from aco-sharer in the shamilat dehand is so recorded in the jamabandi or is supportedbyavalid deed;(v) isdescribed inthe revenue records asshamilat, taraf,pattis, pannas, and thola and not used according torevenue records for the benefit of the villagecommunity or apart thereof or for common purposesofthe village;l[(vi) lies outside the abadi deh and was being used asgitwar, bara, manure pit, house or for cottageindustry, immediately before the commencement ofthis Act ;](vii) 2[ ](viii) was shamilat deh, was assessed to land revenueand has been in the individual cultivating possessionof co-sharers not being in excess of their respectiveshares in such shamilat deh on or before the 26thJanuary, 1950;or(ix) is used as a place of worship or for purposessubservient thereto;3[(6) lands reserved for the common purposes of a villageunder section 18 of the .East Punjah Hold ings(Consolidation and Prevention of Fragmentaion) Act,1948 (East 'Punjab Act 50 of 1948), the managementand control whereof vests in the Gram Panchayatunder section 23-A ofthe aforesaid Act.Explanation. - Lands entered in the column of ownershipof record of rights as "Jumla Malkan Wa DigarHaqdaran Arazi Hassab Rasad", "Jumla Malkan" or"Mushtarka Malkan" shall be shamilat deh within themeaning ofthis section;](h) "shamilat law"means -- 4(i) in relation to land situated in [part of the territory]which immediately before the 1st November, 1956,1.Substituted by Ilal)'ana Act No.2 of 19812.Omitted byIlal)'ana Act No. 18of 19953.Inserted by I-Ial)'ana Act No.9 of 19924.Substituted for the words "the territoI)''' by the I-Ial)'ana Adaptation ofI;""Urder, 1%8

was comprised in the State of Punjab, the PunjabVillage Common Lands (Regulation) Act, 1953;or(ii) in re'lation to land situated in 1[part of the territory]which immediately before the 1st November, 1956,wascomprised inthe State ofPatiala and East PunjabStates Union, the Pepsu Village Common Lands(Regulation) Act, 1954; ,(i) '~tate Government" means the Government ofthe State of[Haryana].COMMENTARYAbadi deh - Shamlat deh - House constructed by a non-proprietor on orbefore 9.1.1954 (Commencement of Shamlat law) vests in non-proprietor -Section 4 (1) (b) not governed bySection 3 (1) -Ajit Singh's case 1976 P.L.J. 489and Raghbir Singh's case 1965 C.LJ. 154 over-ruled - Tara Chand's case 1971P.L.J. 808 (D.B.) distinguished -Lachhman Singh v.Gulzari, 1984P.L.J. 27(F.B.)Abadi Deb or Gora Deb -Street or lane -Gram Panchayat isempowered tochange user ofShamlat deh vested init-Land under street for alane within abadideh or gora deh falls under the definition ofShamlat land -Order of Panchayat isnot open to challenge unless found to be malafide -Section 4 Rules 3 -A GramPanchayat iscompetent to use ghair-mumkin Rasta within Phirni or abadi deh inany manner but subject to restrictions imposed by Rule 3 of Rules 1964 -Bishambar Dayal v.State oj Haryana, 1986P.LJ. 208 (F.B.) .Bacbat land - Distribution -Petitioner Panchayat has challenged the orderof Consolidation Authorities which had ordered to distribute the""Bachat Land"among the right holders of the Village on pro rata basis as per their shares - Itwas alleged that order of distribution of the land, mutated in the name ofPanchayat, after a lapse of 38 years was illegal - Secondly Consolidationauthorities had nojurisdiction to decide adisputed question of title -Held, thereis no force in the contention - Panchayat has no jurisdiction to deal with the"Bachat Land" which belongs to the ri~ht holders of the Village - There is nolimitation bar against correction of a mIstake as in the present case - Even entryof Mutation of "Bachat land" docs not confer any title of land on Panchayat -Gram Pallchayat Village Bhedpura v.Additional Director Consolidation, Punjab,11)1J7 I-I.R.R. 10D.B.Banjar Qadim - Shamlat Taraf - Banjar Qadim land recorded as such inrevenue record cannot be held to vest in Gram Panchayat unless it is being usedfor "common purpose of the village" - Gram Pallchayat Sadhraur (Dhumma) v.Baldev Singh and Others, 1977 (?.L.J.276 (F.B.)Constitutionality -Sec. 2 of amending Act of 1992 vide which addition hasbeen made to the definition contained in See. 2 (g) of the Principal Act is ultravires the Constitution of India -A necessary consequence ofAmending Act 1992is that lands reserved under the Consolidation Act, 1948 became property ofPanchayat which is'"State" within the meaning of Art. 12 of the Constitution -Such lands were earlier under the management of the Gram Panchayat -This actof the State to acquire the property without providing any compensation, iscomplete violation of Art. 31-A -Jai Singh v. State oj Haryana, 1995 HRR 69(F.B.) = 1995 (1) P.L.R. 614 -This judgment was set aside by Hon'ble SupremeCourt and case remitted to High Court for giving clear finding on question ofceiling limit ofrightholders -State ojHaryana v.JaiSingh, 1998HRR 585S.C.1.Substituted for the words "the territory" bythe Haryana Adaptation of Laws Order, 19682.Substituted for the word "Punjab" bythe ,Haryana Adaptation of Laws Order, 1968

Panchayat - Petition dismissed at the stage of motion hearing - GramPanchayat/Gram Sabha village Ugani v.State ofPunjab, 1997H.R.R. 612 D.B.Shamlat land - Petitioner purchased the land in dispute in 1944 - It wasbrought under petitioner's possession before 26.1.1950 - rhe land is excludedfrom the definition of "Shamlat Deh" under Section 2 (g) (iii) of the Act -Provision of Section 7of the Act not attracted -Surjan Singh v.Gram Panchayat,1995HRR 445 == 1995PU 423.Shamlat land -Taraf, Patti and Thola land -All lands described in revenuerecord as Shamlat TaraJ, pattis, pannas and Thola land ·cannot be treated asShamlat deh - Such land would vest in Panchayat only if used for commonpurpose of the village whether including entire community Grpart thereof -GramPanchayat Sadhraur (Dhumma) v.Baldev Singh and Others, 1977P.L.J. 276 (F.B.)******* .3.Lands to which thisAct applies.--(1) This Act shall applyand before the commencement this Act the Shamilat Law shall bedeemed always to have applied to all lands which are shamilat dehasdefined inclause (g) ofsection 2.1[(2) Notwithstanding anything confa,ined in sub-section (1)ofsection ~,--(i) ~here any land has vested in a panchayat under theshamilat 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 inclause (g) ofsection 2,allrights, title and interestof the panchayat in such land, as from the commencement of thisAct, cease and such rights, title and interest shall be revested intheperson or persons in whom they vested immediately before thecommencement of the shamilat law; and the panchayat shalldeliver possession ofsuch land to such person or persons :Provided that where a panchayat is unable to deliverpossession of any such land on account of its having been sold orutilised for any of its purposes, the rights, title and interest of thepanchayat in such land shall not so cease but the panchayat shall,notwithstanding anything contained in Section 10, pay to theperson or persons entitled to such land, compensation to bedetermined in accordance with such principles and in such mannerasmay be prescribed;(ii) where any land has vested in apanchayat under this Act,but such land has been excluded from shamilat deh undersub-clause (ii-a) of clause (g) of section 2, all rights, title andinterest of the panchayat in such land, from the date of allotmentof such land by the Rehabilitation Department of the StateGovernment, shall cease and all such rights, title and interest shallvest in the person or persons to whom the land so excluded hasbeen allotted by the Rehabilitation Department of the State

Government on or before the 9th day of July, 1985 subject to thecondition that--(a) any sum of money realised by the RehabilitationDepartment of the State Government as aresult ofallotmentof~uchland; or(b) where no money was realisable bythe RehabilitationDepartment of the State Government as a result ofallotment of such land, the amount of compensation inrespect of such land as determined under sub-section (3) bythe Collector of the district in which such a land is situated,shall be paid by the Rehabilitation Department of the StateGovernment "to the Development and PanchayatsDepartment for onward disbursement to the panchayat towhich such shamilat deh belonged.(3) As soon as may be, on the commencement of the PunjabVillage Common Lands (Regulation) Amendment Act, 1996 theDevelopment and Panchyats Department shall make areference tothe Collector of the District to determine the amount ofcompensation under sub-clause (b),of clause (ii) of sub-section (2)and the Collector of the District shall, keeping in view the marketvalue ofothe shamilat deh at the time itwas allotted, determine theamount ofcompensation.]COMMENTARYVires -Provisions ofsub-sec. (1) and sub-sec. (2) ofSec.7ofthe PrincipalAct substituted by Sec. 3 of the amending Act 9 of 1992are intra vires theConstitution of India - The powers conferred on the Assistant Collector areneither in conflict with the general principles of law nor are so arbitrary orunreasonable that no fair minded person could overweigh these -Instances ofhardship cannot be assumed tobetheground toinvalidate the provisions oflawenacted by the Legislature - Provisions held to be Constitutionally valid -JaiSingh v.State ofHaryana, 1995HRR 69(F.B.) = 1995(1)P.L.R.614.************4. Vesting of rightsin Panchayats and non-proprietors.--(l)Notwithstanding anything to the contrary contained in any otherlaw for the time being in force or in any agreement, instrument,custom or usage or any decree or order of any court'or otherauthority, all rights, title and interests whatever inthe land,--(a) which is included inthe shamilat deh ofanyvillage andwhich has not vested in a Panchayat under the shamilat lawshall, at the commenceme'nt of this Act, vest in Panchayatconstituted for such village, and where no such Panchayat hasbeen constituted for such village, vest in the Panchayat onsuch date as a Panchayat having jurisdiction over that villageisconstituted;

compliance with the provision ofthe second proviso to sub-section(1) or sub-section (2), issue to any Panchayat such directions asmay be deemed necessary.1[(4) Nothing contained in the third proviso to sub-section(1), and in sub-section (2) and sub-section (3) shall apply to the"hillyarea."]2[(5) Notwithstanding anything contained in this section, ifinthe opinion of the State Government, it is necessary to take over,to secure proper management for better utilization fo'rthe benefitof the inhabitants of the village concerned any shamilat deh, theGovernment may be notification take over the management ofsuch shamilat deh for aperiod not exceeding twenty years:3 .""{x x x}(6) The income from the shamilat deh, the management ofwhich istaken over under sub-section (5), after meeting all chargesrelating or incidental to the management and utilization, shall becredited to the Gram Fund and utilised for the benefit of theinhabitants oflthe village concerned.]4[5_A.Disposalof landsvestedordeemed tohave beenvestedinPanchayat. - (1) A Panchayat may gift the land in shamilat deh.vested initunder this Act to the members ofScheduled Castes andBackward Classes of the village in which such land is situate onsuch terms and conditions asmay be prescribed.(2) The gift of land in shamilat deh already made shall bedeemed to have been made under sub-section (1).5-B. Certain transfersnot to affect Panchayat's rights.- Anytransfer of land, gifted in pursuance of the provisions of section5-A, made incontravention o.fthe prescribed terms and conditions,shall be void and the gifted land so transferred shall revert to, andrevest in, the Panchayat free from all encumbrances.]COMMENTARYRevenue enteries -Pleading -The Collector came to the conclusion that theland in dispute was Banjar Qadim being used for the common purpose of thevillage -As per Jamabandi entries rent was being paid to the Panchayat by thepetitioners - It was argued that document containing entries of Missal Hakiyatwas produced below at the time of arguments and was not properly admitted inevidence -The contention iswithout any force as no such argument was raised atany earlier stage -Presumption oftruth isattached to the said entry under Section44 of Punjab Land Revenue Act - Kartar Singh v. The Collector, Patiala, 1995HRR 620 (O.B.) = 1995PU 594.Reservation of Shamlat land -Right of reservation of 1/3 land for Harizansisnot absolute -Pritam Singh v.Addl. Director Consolidation, 2000 HRR 672 O.B.1.Addcd byPunjab Act No. 19of 1964, Section 32.Added by Haryana Act No. 18of 1971, Scction 23.Proviso delctcd by Ilaryana Act No. 23of 19734. Insertcd by Ilaryana Act No. 25of 1976

6. Appeal.-- (1) If any person is aggrieved by an act ordecision of Panchayat under section 5, he may, witf;in thirty daysfrom the date of such act or decision, appeal to [the AssistantCollector of the first grade] who may confirm reverse or modifythe act or decision or make such other order as he thinks to hejustand proper.. (2) The appellate order of l[the Assistant Collector of thefirst grade] shall be final.7.Power toput Panchayat inpossession ofcertain lands --2[(1)An Assistant Collector of the first gr(ide having jurisdiction in thevillage may, either suo mota or on an application made to him byaPanchayat or an inhabitant of the village or the BlockDevelopment and Panchayat Officer or Social Education andPanchayat Officer, or any other Officer authorised by the BlockDevelopment and Panchayat Officer, after making such summaryenquiry as he may deem fit and in accordance with such procedureas may be prescribed, eject any person who is in wrongful orunauthorised possession of the land or other immovable propertyinthe shamilat deh ofthat village which vests or isdeemed to haveheen vested in the panchayat under this Act and put the panchayatin possession thereof and for so doing the Assisumt Collector ofthe first grade may exercise the powers 'of a revenue court inrelation to the execution of a decree for possession of land underthe Punjab Tenancy Act, 1887:Provided that if in any such proceedings the question of titleisraised and proved prima facie on the hasis ofdocuments that thequestion of title is really involved, the Assistant Collector of thefirst grade shall record afinding to that effect and first decide thequestion oftitle inthe manner laid down hereinafter.(2) The Assistant Collector of the first grade shall by anorder, inwr.~ting,require any person to pay apenalty, in respect ofthe land or other immovable property which was or has been in hiswrongful or unauthorised possession, at a rate not less than fivethousand rupees and not more than ten thousand rupees perhectare per annum, having regard to the benefit which could bederived from the land or other immovable property. If the penaltyis not paid within the period of thirty days from the date of theorder, the same shall be recoverable asarrears ofland revenue.(3) The procedure for deciding the question of title underproviso to suh-section (1) shall be the same as laid down in theCode ofCivil Procedure, 1908.1. Substituted by IIaryana Act :'\0. -17of IlJ732.Substituted by lIaryana Act :'\0.9 of 1')')2

decision -Chattar Singh ,:.The Collector, Hissar, 1995 HRR 452 = 1995 (3) PLRR2.8.Saving of existingpossession.-- (1) Where on any land in theshamilat deh immediately before itvests or isdeemed to have beenvested in a Panchayat under this Act, a person is in cultivatingpossession and his uncut and ungathered crops are standingthereon, he shall not be ejected from such land unless his cropshave ripened and he has been allowed reasonable time to harvestthem.(2) Any person aggrieved by any determination made by a·Panchayat ynder sub-section (1) may, within thirty days thereof,appeal to [the Assistant Collector 'of the first grade] whosedecision thereon shall be final.9. Utilisation of income.-- Any income accruing from the useand occupation of the lands vested or deemed to have been vestedinaPanchayat shall be credited to the Panchayat fund and shall beutiliseq.in the manner prescribed.*** ** *.****10.Bar of compensation.-- No person"shall be entitled to anycompensation for any loss suffered or alleged to have beensuffered as a result of the coming into force of this Act or of theShamilat Law.. 2{1P,-A. Power of JjAssistant Collector offi:st grade] to cancelor vary 'jsales or leases} etc, of lands vested tn Panchayats.--(l)Notwithstanding anything contained in this Act, 0) the Shamilatlaw or in any other law for the time being in force, [the AssistantCollector of first grade may call for fro~any Panchayat in the areaof his jurisdiction] the record of any [sale, lease], contract oragreement entered into by the Panchayat in respec~ of any landvested or de~med to be vested in it, whether such [sale, lease],contract or agreement is entered into before or after thecommencement of the Punjab Village Common Lands(Regulation) Amendment Act, 1964, and examine such record forthe pf.rpose of satisfying himself as to the legality or propriety ofsuch' [sale, lease], contract or agreement.**********I. SubstItuted for the words "Collector" by Haryana Act :-10.47 of 19732.Inserted by Punjab Act :'\0. 19of [1)(>4.Section 43.SubSllluted for the words "Leases" byI1aryana Act :'\0.34 of 1974

(2) Where, on examination of the record under sub-se~tion(1) and after making such inquiry, ifany, as he may deem fit 2[theAssistant Collector of the first grade] is satisfied that such [sale,lease], contract or agreement --(i) has been entered into in contravention of any of theprovisions ofthis Act or the rules made thereunder; or(ii) has been entered into as aresult of fraud or concealmentoffacts; or(iii) is detrimer;tal to the interests of the PanchayaL asprescribed, [the Assistant Col~'ector of the first grade]~ay, notwithstanding anYthing as aforesaid;, cancel the[sale, lease], contract or agreement or vary the termsthereof unconditionally or subject to such conditions ashemay think fit: 'Pro'f.ded that no order under this sub-section shall be passedby [the Assistant Collector of the first grade] without2ffording an opportunity of being heard to the parties to the[sale, lease], contract or agreement.(3) Where the terms of fony 2[sale, lease], contract oragreement have been varied by [the Assistant Collector of thefirst grade] under sub-section (2), the variation shall,notwithstanding anything contained in this Act or the sl1arnilat lawor in ~y law for the time being in force, be binding on the partiestothe [sale, lease], contract or agreement, asthe case may be.(4) Where the 3[vendee, lessee] or the person with whom acontnftt or agreement has been ent

Provided that no such compensation shall be given for anyremote and indirect loss or damage sustained by reason of such'cancellation orvariation. .(6) Notwithstanding anything contained in any law f0 1 thetimebeing inforce, the amount ofcompensation awarded by [theAssistant Collector of the first grade] under this section shall bepayable bythe panchayat inthe prescribed manner and shall be avalidcharge onthe Sabhafunds.(7) Any party to a 2Isale, lease], contract or agreementaggrieved by any order of [the Assistant Collector of the firstgrade], made under thissection may,within apf.riod ofthirty daysfrom the date of such order, appeal to the [Collector] whosedecisionthereon shallbefinal.COMMENTARYAuction -Eviction -Petitioner's application under Section 10-Afor settingaside auction in favour of respondent No. 3was set aside -Not onlythis evenpetitioner's evictionwasordered inproceedings initiat~d under Section lO-Aofthe Act - Impugned order cannot be sustained - Eviction cannot be orderedwithout taking recourse toSection 7ofthe Act -Parties are directed to put uptheir cas! inappeal whichispending before the Collector against another orderpassed under Section 7ofthe Act -Petition disposed ofwithout expressing anyopinion onthemerits ofthecase-Darshan Singh v.Assistant Collector, 1stGrade,1998H.R.R. 7011. Sales of land in Shamilat deh not to bepre-'t!mptible.--Notwithstanding anything contained in the Punjap Pre-emptionAct, 1913,no sale of land in shamilat deh made by a Panchayatshall be pre-emptible and no decree ofpre-emption inrespect ofany such sale shall be executed after the commencement of thisAct.COMMENTARYCivil Court decree -A decree was passed by CivilCourt in favour ofthepetitioner qua the suit land in 1970before the Amending Act, 1976-Land indispute excluded the suit land from the definition ofShamlat Deh -Petitionercannot be ejected from the suit land under Section 7of the Act as the decreebecame final inviewof Gram Panchayat's case. 1991PU 41- Surjan Singh v.Gram Panchayat, 1995HRR 445= 1995PU 423.Civiljurisdiction -Necessary party -Asuitfordeclaration wasfiledbythepetitioner/plaintiff totheeffectthat theyweretheownerofpossession ofthesuitland and the same waswronglyshown inthe revenue records belonging to theGram Panchayat -The question involvedwaswhether the CivilCourt could takecognizance ofthecaseinviewofSs.11and13oftheVillageCommon LandsAct-Held that sincetheGraULPanchayat hadraised thepleathat thesuitlandwasapart of the Shamlat Deh and that·the plaintiffs had no right or title in it, thequestion hastobedecided bytheCollector onlyu/s11oftheAct andnotbytheL Substituted byHaryana Act No. 47 of 19732.Substituted byHaryana Act No. 34of 1974

CivilCourt -Bhagu Ram's case 1985HRR 448distinguished -Ram Singh v.GramPanchayat Mehal Kalan, 1986HRR 613S.c. = A~R'1986 SC 2197.Jurisdiction -Shamlat deh -Sections 11and 13are the only relevant sectionsfrom which bar ofjurisdiction ofCivil Court s;anbe spelt out -Civiljurisdiction isnot barred ifthe plea of litigating parties iswith regard to a decree being taintedwith fraud, collusion or misrepresentation of facts or any other such ground -Competent Court asmentioned inGram Panchayat Bathoh Kalan's caSe 1991PU41refers to a Civil Court -Ram Paul v.State of Punjab, 1994 HRR 650 D.H. =1994PU 583.Jurisdiction' - Shamlat deh - East Punjab Holdings (Consolidation andPrevention of Fragmentation) Act - Section 42 - Entry in revenue record as"Shamlat Deh Hasab Rasad Khewat" and in cultivation colum "Maqbooja Malkan"prior to Consolidation of Holdings in the village -The question whether the landIn dispute is Shamlat deh or not can be determined under Punjab VillageCommon Lands (Regulations) Act only - Not by Consolidation Authorities -Gram Panchayat Nurpurv. State ofHaryana, 1997(1) P.LJ. 268 (S.c.)Jurisdiction -Shamlat deh - Dispute between two individuals -A disputedsite was alleged to be avillage street -The plaintiff sought permanent injunctionrestraining the defendant from creating obstruction therein"-The question.beforethe learned Single Bench arose as to whether all the village streets from part ofShamlat deh in terms of S. 2 (g) (4) of the Act -And whether the Civil Court'sjurisdiction was LJarredto entertain the suit -The case was referred to the largerBench -.Held, S. 13of the Act would not be operative when the lis or dispute isbetween two individuals -Baljinder Kaur v.Gurdas Ram, 1987 HRR 691 D.B. =1987PU 524.Shamlat deh - Bachat land - Jurisdiction - Land in dispute recorded inJamabandi as "Shamlat Deh Hasab Rasad Raqba Khewat" before Gbnsolidationproceedings -Collector is competent to decide the question of ownership underthe Punjab Village Common Lands (Regulations) Act - Change of mutationentries and distribution of Bachat area by Consolidation is beyond theirjurisdiction -Order ofAdditional Director was set aside -Gram Panchayat villageSidh Versus Additional Director, Consolidation of Holding Punjab, 1997 (1) P.LJ.313(S.c.)Shamlat deh - East Punjab Holdings (Consolidation and Prevention ofFragmentation) Act, 1948 -Section 42-Entries inJamabandi prior to the start ofConsolidation in the village was "Shamlat Deh Hasab Rasad Khewat andagbooza Malkan" - Additional Director came to the conclusion that land wasnot Shamlat Deh -Additional Director had no authority to go into the questionwhether the land in dispute was "Shamlat Deh" or not -.This is a question whichcould be decided by authorities under the Punjab Village Common Land Act -Impugned order set aside - Gram Panchayat Nurpur v. State of Punjab, 1997H.R.R. 366S.c.In the column of ownership the entries were rccorJ.:J as "Shamlat Deh .Hasab Rasad Arazi Khewat" -It was clear from the next entry that this land wasmutated in favour of the Department of Rehabilitation because the entire village'was inhabited by the Muslims who had migrated to Pakistan in the year 1947 -Obviously undivided share in Shamlat land abandoned by the Muslims vestedwiththe Government of India being an evacuee property -Such land would vestwiththe Gram Panchayat -The interest which the erstwhile evacuee passed inthe5hamlat Deh was neither enlarged nor abridged -Land in dispure isShamlat Deh.Petitioners being tenant of the Panchayat cannot deny the title of their landlord

-Petition isdevoid of any merit -Kartar Singh v.The Collector, Patiala, 1995HRR620 (D.B.) = 1995PU 594.12.Rent of Shamilat lands to berecoverable asarrears of landrevenue.--Anyarrears ofrent payable toaPanchayat inrespect ofanyland inshamilat deh vested ordeerrted tohavebeen.vested init under this Act or the shamilat law [or any amount assessedunder sub-section (2) ofsection 7]shallbe recoverable asarrearsoflandrevenue.2[13. Bar of Jurisdiction.--No civil court shall havejurisdiction--(a)toentertain oradjudicate upon anyquestion whether--(i) any land or other immovable property is or is no1shamlat deh ;(ii)anylandorother immovable property oranyright,titlEor interest in such land or other immovable propert)vestsordoesnotvestinaPanchayat under thisAct;1b) in respect ofanymatter which anyrevenue court, office!or authority is empowered by or under. this Act tcddermine ;or(c) to question the legality of any action taken or matteldecided by any revenue Court, officer or authorit)3 emp~wered todosounder thisAct.]{13-A. [--]5[13-A. Adjudication. - (1) Any person or in the case of 1Panchayat, either the Panchayat qr itsGram Sachiv,the concerne IBlock Development and Panchayat Officer, Social Education anPanchayat Officer oranyother officerdulyauthorised bythe StatGovernment in'this behalf, claiming right, title or interest in anland orother immovable property vested ordeemed to·havebeevested in the Panchayat under this Act, may file a suit foadjudication, whether such lar.d or other immovable property .shamlat deh or not and whether any land or other immovablproperty oranyright,title orinterest therein vestsordoesHotveinaPanchayat under thisAct,intheCourt ofthe Collector, havijurisdiction in the area wherein such land or other immovabproperty issituated:1.Inserted byHaryana ActNe23 of19732.Substituted byHaryana ActNo.34of 1974andfurther substituted byJJar.Act2of1981andshalldeemed tohavebeen substituted w.eJ.4-5-19613.SeeHaryana ActNo.2 of19814.Omitted byHaryana ActNo.9 of19925.. Inserted byHaryana ActNo.9 of1999SeeHar. Gov!.Gaz.(Extra) LSdated 10-3-1999

Provided that nosuitshalllieunder thissection inrespect ofIhe land or other immovable property, which is or has heen theubjectmatter oftheproceedings under section7ofthisActunderwhichthe question oftitle hasbeen raised and decided or underdjudication.(2) The procedure for deciding the suits under sub-section1)shallbethe same aslaiddowninthe Code ofCivil~rocedure,908(5of 1908).13AA. Appeal andrevision.-(l) Anyperson, aggrieved byanrder passed under sub-section (1) of section 13A,maywithin aeriodofthirty daysfrom the date ofsuchorder, prefer anappealo the Commissioner in such form and manner, as may berescribed, and the Commissioner may after hearing the appeal,confirm,varyorreverse theorder ashedeemsfit.(2) The Financial Commissioner may, suo motu or on anpplication made to him by any person aggrieved by an orderassedunder sub-section (1),callfortherecord ofanyproceedingsending before, or order passed by the Commissioner for.theurpose ofsatisfyinghimself asto the legalityor propriety oftheroceedingsororder andpasssuchorder inrelation thereto asheaydeemfit:Provided that no order adversely affecting anype;son shall -e passed unless he has been afforded an opportunity of beingeard.]13-B.Appeal andrevision.--1[(1)Anyperson aggrievedbyanrder of the Assistant Collector of the first grade may, withineriod of thirty days from the date of order passed underub-section (1) or sub-section.(2)ofSection 7prefer an appeal toeCollector insuchform andmanner, asmaybe prescribed, ande Collector may after hearing the appeal, confirm, vary oreversetheorder a.shedeemsfit:Provided that no such appeal shall lie unless the amount ofenalty,if any, imposed under sub-section (2) of Section 7, isepositedwiththe Collector.](2)The Commissioner may,suomotu 1[oron anapplicationadetohimbyanyperson aggrievedbyanorder passed under therovisoto sub-section (1) of Section 7 at any time] call for theecordofanyproceedings penLlingbefore, ororders passed by,anyuthoritysubordinate to himfor the purpose ofsatisfyinghimselfstothelegalityorpropriety ofthe proceedings ororder andpasschorder inrelation thereto ashemaydeem fit:

Provided that no order adversely affecting any person shallbe passed unless he has been afforded an opportunity of beingheard.l3-G. Finality of orders.-- Save as otherwise expresslyprovided inthis Act, every order made bythe Assistant Collectorofthe firstgrade, the Collector orthe Commissioner shallbe finalandshallnotbe calledinquestion inanymanner inanycourt.l3-D. Provisions of this Act is to be over-riding.--Theprovisions ofthisActshallhaveeffect.notwithstanding anything tothe contrary contained inanylaw,agreement, instrument, custom,usage,decree ororder ofanycourtorother authority.}. 1[l3_E. Public Servant.-- Every officer or employee actingunder theprovisions ofthisActortherulesmade thereunder shallbe deemed tobe apublic servantwithinthe meaning ofsection 21oftheIndian Penal Code.]. COMMENTARYAgreement of lease - Landlordffenant - Petitioner rued an applicationbefore theAuthority belowfordropping proceeding u/s.7inwhichdamages for~unauthorised occupation were claimedbyGram Panchayat -Itwasalleged thatproceeding should havt}been dropped as relationship of landlord and tenantwere existingbetween the parties -Noevidenceonrecord to prove existence ofagreement of lease - Dismissal of application for dropping proceeding byauthority below are perfectlyjust and proper -Petition dismissed -Arms StrongRubber Ltd. (M/s.) v.Gram Panchayat villageHambran, 2002HRR 21D.E.Appeal - The definition of Commissioner given under Section 2 (1) (aa)means the Commissioner of the Division - Commissioner of the Division iscompetent to entertain appeal under Section 7 (2) against an order passed b~Collector/Competent Authority under Section7(1)oftheAct -Impugned ordepassedbyCommissioner andnotbyanyofficerempowered todosointhisbehalfheld to be legally valid - An academic issue cannot be made a ground forupsetting avalidorder -Petition dismissed-Gram Panchayat, Dadhera v.State 0Punjab, 2001HRR 104D.~.Civiljurisdiction -Aquestion pertaining tonature ofland asbeingShamlatornot canbe decided onlyunder thePunjab Act 1961-Thejurisdiction ofCivilCourt onthe question astowhether theproperty isorisnotShamlat Deh underthe Act is barred by Section 11& 13of the Act - Order of Lower AppellatAuthority returning the plaintto plaintiffforfilingthe samebefore AppropriateAuthority isjust and reasonable -Raghbir Singh v. Gram Panchayat Samgauli,2000HRR 349.Constitutionality -Land inquestion wasShamlatDehwhichwasallotted bRehabilitation Department between 4.5.1961 and 6.7.1985 - Legislature hexcluded such land from ambit ofShamlat Deh to protect interest ofaclass 0persons - The plea that section 2 (g) (ii) (a) is ultra vires Article 14 0Constitution, isMt tenable -Challengetosaidamendment hasnoforce -HamekSingh v.State ofHaryana, 2001HRR 472D.B.Constitutionality - Haryana Amendment Act No. 2 of 1981, operatin!retrospectively nullifyingCivilCourt decree passed before Amendment Act II

Eviction-Question oftitle-Defendents resistedevictionapplication filedbyGram Panchyat allegingthatlandistheproperty ofpropritery bodyofvillageanddoes notvest lfiGram Panchyat -CaseofGram Pacnhyat supported byenteriesof Jamabandi and khasra Gitdawaris - The plea of defendant that ejectmentunder Section7isnotpermissible cannotbc accepted -Casedoes not fallunderSection 13-Abymere oralevidence-Ejectment order passed byauthority belowupheld -Bhartu v.Commissioner, Rohtak, 2001HRR 223D.B:Eviction from Panchayat land -Petitioner foundinunauthorised possessionofPanch'ayatland and wasordered tobe evicted-Petitioner failed to provebymaterial evidencethat hehadashareinShamlat landandportion ofsuitlandwasnot in excess of his share under his possession - Order of Authority belowwarrants no interference inrevision-Priram Singh v. The State of Punjab, 2002HRR22 D.B.Jurisdiction -Shamlat deh -Sections11and13aretheonlyrelevant sectionsfromwhichbar ofjurisdiction ofCivilCourt canbespeltout-Civiljurisdiction isnotbarred ifthe plea oflitigatingparties iswithregard toadecree beingtaintedwith fraud, collusion or misrepresentation of facts or any other such ground -Compdcnt Court asmentioned inGram Panchayat Bathoh Kalan's case 1991PU41refers to aCivilCourt -Ram Paul v.State of Punjab, 1994HRR 650D.S. =1994PU 583.Jurisdiction - Transfer of case - Suit filed for permanent injunctionrestraining defendants from encroaching upon alleged thorough fare - Suitneither ~r exclusion ofland fromShamlat deh nor filedagainst the Panchayat -Case not covercd under Section 13-Bofthe Act as itstwo ingredients are notsatisfied - CivilCourt could not transfer .the case to Assistant Collector, FirstGrade for trial - Order ofAssistant Collector 1stGrade isa nullity-SubedarMunshiRaniv.StateofHaryana, 1979P.L.J.489F.B.Jurisdiction - Shamlat deh - Both the parties admitted that the land indispute wasShamlat deh -Theplaintiffdidnotimplead theGram Panchayat asaparty-Held, plaintiff's suitnotmaintainable inviewofSection 13oftheActeventhough Gram Panchayat was made a party - Bhaggu's ca:>eheld not to beapplicable -Hukma v.Ddulat Ram, 1988HRR 495.The appellants filedaCivilsuitfor declaration that they are the owners ofthe land in the dispute and the respondent/Gram Panchayat had nothing to dowithit-Casewastransferred toACFirst Grade -The Hon'ble H.C. upheld theorder of transfer - Held, in viewof Section 13as substituted by the HaryanaAmendment ActNo.2 of1981,thejurisdiction ofCivilCourts toadjudicate uponanyquestion whether anyland isor isDotshamlat has been taken away-Suitrightlyt~ansferred toACFirstGrade -Babu Ram v.Gram Sabha, 1988HRR 295S.C. = 1988(1)PLR 683, ..#Jurisdiction ofCivilCourt -TheSeniorSubordinate Sub-Judge reversed theorder of the Sub-Judge IInd classwho had granted ,(decree for declaration infavourofthe petitioner againsttheGram Panchayat ontheground that the CivilCourtwasnotcompetent todecidethematter inviewofS.13-BoftheAct-Held,plaintliabletobetransferred totheAssistantCollector 1stgrade foradjudicatio'n-Lila Dhar v.Gram Panchayat, 1984HRR 318.Sec.5oftheAmending Act 9of1992hasamended S.13-Bofthe PrincipalActandtheprovisotothe:;:Ibstitutedsub-sec.(1)isultra virestheConstitution ofIndia asthis proviso laysdownacondition ofdepositing the amount ofpenaltybefore filinganappeal before theCollector -Atleastonerightofappeal againstexecutive fiat is reasonable procedural right .- Imposition of condition fordepositing ofdamages before theappeal isunreasonable anditishitbyArt. 14of

Constitution -fai Singh v.State oj Haryana, 1995HRR 69 (F.B.) = 1995(1)P.L.R.614-Thisjudgment wasreversed byHon'ble Supreme Court though ondifferentpoint.See1998H.R.R, 5H5S.c.Section 13-Bintroduced by Punjab Act, 1976is paramateria WithSection13-Dasintroduced byHaryana Amending Act, 1981-A decree passed byCivilCourtbefore Punjab Act of1976cannot beignored byauthorities unlessitissetasideonthegrounds offrauds ctc.bycompetent Court -Baldev Singh's case1983(1) L.L.R. 385 run~ contrary to 1983P.L.J. 116and 1984P.LJ. 580 - GramPanchayat VillageBatholi Kalan v.fagar Ram, 1991PLJ. 41.(F.B.)Lease-Petitioner wasleasedpondsinanareaof12acresforfishfarmingforRs. 2500/-per year as the highest bidder - Lease was granted for 10years -Petition for cancellation of lease after a lapse of 3 years cannot be acceptedwithoutexplanation forsuchalongdelay-However thepetitioner accepting thelease at the enhanced rate of Rs. 50,000/-per year for the next 3 years wasallowedtoretainthepossessionofleasedpondsfortheremainingperiod -SureshKumar v.The Collector, Rohtak, 2001HRR 69D.B.Lease - Cancellation of - A fertile land fit for agricultural purposes wasleasedbyPanchayat forthepurpose ofremovingearth tomakebricksforrunningabrickkiln-Nature oflandlikelytochangeandbecominguselessforagriculture-Panchayatgivingland onleasemustensure thatpublicinterest does notsuffer-Shorttermgainofleaseshouldnotbeatthecostoflongtermloss-Collector wasjustifiedinordering cancellation ofleaseamigrantleaseforagricultural purposeswhichwasaffirmed inappeal byCommissioner -Impugned order upheld -GramPanchayat, Nurkherian v.foint Development Commissioner, 2001HRR 62D.B.Nature ofland -Shamilat deh-Jurisdiction -Where the question ofland astowhetheritisshamilatdeh ornotisinvolvedthequestion cannotbe decided byCivilCourt-Ownership oflandwhether itvested inGram Panchayat ornot canbe decided only.:mder the Pb. Village Common Lands Act - Hazara Singh v.GramPanchayat/Gram Sabha, Village Ghel, 2000HRR 761..Pancbayat land •Common purpose -The Panchayat raised the plea thatland in question was reserved for school ground and it did not belong toKhewatdars (land owners) - Appeal ~cepted by Commissioner without anydocumentaryevidenceshowingthenature ofland-Impugned order notbased onsolidground and cannot be sustained -Petition allowed-Tehal Singh v.State ofPunjab, 2001HRR 367D.B.Pleading -Petitioner not taking the ground available to himat the time offilingearlier writ petition -He cannot be permitted to raise additional groundswhichwere already'availableto himonthe basisofprinciple ofconstructive resjudicata - Writ petition held not maintainable as petitioner failed to raise allpossiblegrounds intheearlier writpetition -Piecemealtrialofissueondifferentoccassioncan not be permitted -Petition dismissf:d-Harnek Singh v.State ofHaryana, 2001HRR 472p.B.Practice - Eviction'by force -Gram Panchayat land auctioned to anotherpersonafter the expiryofthe oneyearlease ofthe plaintiff-Plaintiff cannot beevictedbyuseofforce-Ninder Singh v.Gram Pam,hayat Bhullar, 1989HRR 653.Sbamilat deb -Where the question relates astowhether land indispute isShamilat deh ornot,thequestion canbedecided byCollector under Section 13ofPunjabVillageCommon Land Act (Asapplicable toHaryana) -CivilCourt hasnojurisdiction toadjudicate upon the matter -Surjit Singh v.State of Haryana,1998H.R.R. 16.,Sbamlat Deb -Eviction -Defendant's evictionsought byGram PanchayatfromShamlat Deh whichwasshownassuchinthe revenue reoord -Defendant

failed to prove that he was in possession of land since a long period and hadconstructed ahouse -Itwasallegedthat Gram Panchayat has nojurisdiction toevictthe defendant u/s.7oftheAct-Itwasfurther pleaded that hewasreadyto.purchase the house -Contention without anymerit -Panchayat isnot obligedtosellthe house -Application u/s.7, toevictthetenant justified -Daljeet Singh v.Joint Development Commissioner, 2001HRR 240D.B.Shamlat deh -Gair mumkin bara -A person inpossession ofshamlat landfor more than 12years without payment of rent before 22.4.1961can not beejected from such land in viewof section 4 (3) (ii) - Land described as "Garimumkin bara"does notceasetobeagricultural landevenifnotactuallyshowntobeput toplough -Suchland includingbara servesthepurposes assubservient toagriculture - Panchayat disallowed to take the land back from the person inpossession-Br;lakRam v.State ofPunjab, 2001HRR 536S.c.Shamlat deh -Charand forgrazing-Aland used asCharand forgrazingofcattle fallswithinthe defmition ofshamlat deh inS.2(g)ofthe Act -The pleathat charandland notashamlat dehanddoesnotvestinpanchayat isnotcorrectin view of 1978PU 78 which was subsequently approved by Full Bench inVishambar Dayal's case1986PU 208-Shish Ram v.State ofHaryana, 2000HRR694694S.c.Shamlat deh-Land inquestion recorded as"inpossession oftheproprietoroftheTholas",intheir cultivatingpossession anduse-Noindication intheentrythat non-proprietor could share the benefit of land - Land does not vest inPanchayak-Lands described asshamlat, tarraf, pattj, panna and tholla not usedas per record for common purpose for the villageare not included inShamlatDeh - Gram Panchayat of Village Mundhal Khurdv. Amar Singh, 2001HRR 534S.c.Shamlat land -Lease ofland -Acomplaint wasflledtoAsstt. Collector totheeffectthat shamlat landwasleased tothelesseeatalesserrate - Lessee wasdirected topayassessedamount -Appeal wasflledagainstenhanced leasemoneywhichwasdismissed byCollector -The pleas that Asstt.·Collector should haveconducted an enquiry before assessingthe lease money according to prevailingrate, is not tenable - Petition failed to prove that rates were excessive andsecondly he was agreed to enhancement ofrate voluntarily -Authorities undertheAct are empowered totake suomoto actionwhenshamlat land isleased outat lesser rate -Petition dismissed -Ranjit Singh v.State of Haryana, 2001HRR615D.B.Transfer of case - For a transfer of case from Civil Court to AssistantCollector, 1stGrade two conclusions must be satisfied (i) Suit should be filedagainstthePanchayat and(ii)ItshouldbeforexclusionoflandfromShamlat deh-Noconflictbetween twojudgments ofDivisionBench inDigh Ram's case 1977P.LJ.446 andKamal Cooperative Forums Society 1976P.LJ. 237withrespect tointerpretation of Section 13-B of the A.ct-Subedar Munshi Ram v. State ofHaryana, 1979P.L.l. 489F.B.Unauthorised possession -Eviction-Land inquestion waspurchased videRegistered Sale Deeds before 18.6.1987whichwas never challenged by GramPanchayat - Noting on record showingthat land in dispute has been given onlease to the respondent by Panchayat - Order of Lower Appellate AuthoritydismissingevictionpetitiOll.filedbyGram Panchayat warrants nointerference inrevision-Gram Panchayat Pandori Waraich v.Joint Development Commissioner,2001HRR 612D.E.Unauthorised possession -The landinquestion wasgiveninopen auctiononleaseintheyear1982foroneyear-Evictionofleasewassoughtafterexpiryof

period oflease-Itwaspleaded bypetitioner that theyhad obtained adecree intheir favourfrom CivilCourt pertaining to I-iaryanaAmendment Act, 1974andtheywerenotinanauthorised possessionofsuitland-Noequitycanbeshowninfavourof petitioner - Order of authority below upheld -.Petition dismissed inlimine-Sardara Singh v.State ofHaryana, 2001HRR 603D.B.***********14. Indemnity.-- No suit, prosecution or other legalproceedings shall lie against the State Government or anypersonorauthorityforanythingdone orintended tobe done ingoodfaithinpursuance oftheprovisions ofthisAct.1[14_A. Saving.-- Nothing contained in this Act or theshamilatlawshall--(a) affect orshallbe deemed ever tohave affected anyrightofthe State Government inthe landvested.or deemed tobevested inaPanchayat under thisAct;or(b) entitle or shall be deemed ever to have entitled aPanchayat or any other authority under this Act or the'shamilat law' to exercise any right or to do any act inrespect ofanyland inthe "hillyarea"vested ordeemed tobe vested in the Panchayat whether such land has or has.notbeen declared asaprotected forest under section29ofthe Indian Forest Act, 1927, in contravention of theprovisions ofthat ActortheRules made thel'eunder.]15.Power tomake rules.-- (1)The State Government may,bynotification inthe officialGazette, make rules for carryingout the .purposes ofthisAct.(2) In particular, and without prejudice to the generality oftheforegoing power, suchrulesmayprovide for-- .(a) the principles onwhichandthe extent to and the mannerin which the inhabitants ofthe village shall make use ofthe lands vested or deemed to have been vested in aPanchayat;(b) the 'maximum and minimum area to be leased to anysingleperson.;(c)the prescribing offorms for suchbooks, entries, statisticsand accounts asmaybe considered necessary to be kept,made or compiled lh any office or submitted to anyauthority ;(d) det~rrnining the principles on which and the manner inwhich compensation maybe paidunder sub-section (2)ofsection 3;(e)the terms andconditions onwhichthe useand oc~upationofany.suchlandispermitted;

(f)the manner and circumstances inwhichanysuchland maybedisposed of,transferred orsold;l[(ff) the terms and conditions onwhichthe land inshamilatdeh maybegiftedtothe members ofScheduled CastsandBackward Classes;](g)thepurposes forwhichanysuchlandmaybegivenfree ofcharge;(h)the regulation ofprocedure where"aPanchayat 2(suesorissued]initsrepresentative capacity;(i) the manner and the ordeljofpriority inwhich the excessarea shall be utilized by [the Assistant Collector of thefirstgrade]under sub-section (1)ofsection5;U)the officer bywhom and the manner inwhich the area ofshamilat deh referred to in sub-section (2) of section 5shallbedemarcated; and "'4[(k)the form a~d manner offilingan appeal under section13-B;(1)anyothelimatter whichcanbeormaybeprescribed.]*****16.Repeal and Saving.-- The Punjab Village Common Lands(Regulation) Act, 1953 and the Pepsu Village Common Lands(Regulation) Act. 1954areherebyrepe,aled:Provided that anything done or any action taken under anylawsorepealed shallbedeemed tohavebeen done ortaken underthe corresponding provisions ofthisActandshallcontinue tobeinforce accordingly unless anduntil superseded byanything done oranyaction taken under thisAct.Important note :-Haryana Amendment Act No. 47 of 1973made certain amendments in the Act vide Section 9 of this Actfollowingtransitory provisions asfollows:--5[(1) On the commencement ofthisAct,the appeals pending.before the Collector shall be disposed ofbyhim while the other 'proceedings shall stand transferred to the Assistant Collector ofthefirstgrade.(2) An appeal shall lieto the Commissioner from anyorderpassed bythe Collector before the commencement ofthisAct;butthe appeals pending before the Commissioner on thecommencement ofthis~ct shallbedisposed ofbyhim.]1.Inserted byHaryana Act No. 25of 19762.Substituted by Haryana Act No.2 of 1981and shall always be deemed to have been substituted3.Substituted by IIaryana Act No. 47 of 19734~'Substituted by Haryana Act No.2 of 19815.See Haryana Act No. 47 of 1973

Important note :- Certain amendments were made in theoriginal Act vide Haryana Act No. 2 of 1981which have beenincorporated in this Act. Section 7ofHaryana Act No.2 of 1981validating {:ertain actions under the principal Act is beingreproduced below :--1[17. Validation.-- Notwithstanding anyjudgment, decree ororder ofanycivilcourt, allactionstaken, rules made and orders ordecrees passed by Revenue Court, Officer or.authority under theprincipal Act as amended bythe Punjab Village Common Lands(Regulation) Haryana Amendment Act, 1980,shallbe deemed tohave been validlytaken, made orpassed, asthe casemaybe, asifthe principal Act, as amended by the Punjab Village CommonLands (Regulation) Haryana Amendment Act, 1980had been inforce at allmaterial times when suchaction wastaken, rules weremade and judgments, orders or decrees were passed by. theRevenue Court, officerorauthority.]