The Punjab Village Common Lands (Regulation) Act, 1961

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