The Punjab Village Common Lands (Regulation) Act, 1961
The Punjab Village Common Lands (Regulation) Act, 1961 The Punjab Village Common Lands (Regulation) Act, 1961
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
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- Page 7 and 8: Panchayat - Petition dismissed at t
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<strong>The</strong> Punja"b<strong>Village</strong> <strong>Common</strong> <strong>Lands</strong>(<strong>Regulation</strong>) <strong>Act</strong>, <strong>1961</strong>(<strong>Punjab</strong> <strong>Act</strong>No.18of<strong>1961</strong>)Asapplicable toHaryana .Received the assenf of the President of India on the 22ndApril, <strong>1961</strong> and was first published in <strong>Punjab</strong> Govt. Gazette(Extraordinary) Legislative Supp!. Part Idated 4-5-<strong>1961</strong>. Vaisakha14,1883Saka.Preamble.--An <strong>Act</strong> to consolidate and amend the lawregulating the rights inShamilat deh and abadi deh.COMMENTARY1[STATEMENT OFOBJECTS AND REASONSIt is propused to repeal the <strong>Punjab</strong> <strong>Village</strong> <strong>Common</strong> <strong>Lands</strong>(<strong>Regulation</strong>) <strong>Act</strong>, 1953, and the Pepsu <strong>Village</strong> <strong>Common</strong> <strong>Lands</strong>(<strong>Regulation</strong>) <strong>Act</strong>, 1954,which are inforce inthe areas {)ferstwhile<strong>Punjab</strong> and Pepsu respectively; and to adopt a uniform legislationfor the whole State incorporating the provisions of the <strong>Punjab</strong><strong>Village</strong> <strong>Common</strong> <strong>Lands</strong> (<strong>Regulation</strong>) <strong>Act</strong>, 1953, and the <strong>Punjab</strong><strong>Village</strong> <strong>Common</strong> <strong>Lands</strong> (<strong>Regulation</strong>) (Amendment) Bill, 1956,which was passed by the State Legislature of erstwhile <strong>Punjab</strong> 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. <strong>The</strong> 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 <strong>Punjab</strong> in thetwelfth year ofthe Republic ofIndia asfollows:
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