The Punjab Village Common Lands (Regulation) Act, 1961
The Punjab Village Common Lands (Regulation) Act, 1961 The Punjab Village Common Lands (Regulation) Act, 1961
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
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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 <strong>Punjab</strong><strong>Village</strong> <strong>Common</strong> <strong>Lands</strong> (<strong>Regulation</strong>) Amendment <strong>Act</strong>, 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 Principal<strong>Act</strong> substituted by Sec. 3 of the amending <strong>Act</strong> 9 of 1992are intra vires theConstitution of India - <strong>The</strong> 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 <strong>Act</strong>, 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;
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