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Appendix- A – The Punjab Village Common Lands Regulation Act 1961

The Punjab Village Common Lands Regulation Act 1961

Appendix- A. The Punjab Village Common Lands (Regulation) Act. 1953

The following Act of the State Legislature received the assent of the President on the 26th December,1953, and was published in the Punjab Gazette, Extraordinary, dated the 9 the Janurary,1954:-

PUNJAB ACT No. 1 of 1954

An Act to regulate the rights in shamilat deh and abadi deh. It is hereby enacted as follows :-

1Short title, extent and commencement:-

(1) This Act may be called the Punjab Village Common Lands (Regulation) Act.

1953.

(2) It shall extend to the whole of the State of Punjab:

Provided that nothing contained in this Act shall apply to any land which:-

(i)becomes shamlat due to river action;

(ii) which has been allotted on quasi-permanent basis to a displaced person;

(3) It shall come into force at once.

2Definitions,-

In this Act, unless the context otherwise requires:-

(a) ‘house’ includes a courtyard whether walled or not:

(b) “Government” means Government of the State of Punjab;

(c) “Collector” means the Collector of the District in which the village is situated or any other officer, not below the rank of an Assistant Collector of the First Grade, appointed by Government to perform the duties of a Collector under this Act:

(d) “prescribed” means prescribed by rules made under this Act:

(e) “appointed date” in the case of a village which is subject to the jurisdiction of a Panchayat at the commencement of this Act, shall be the date of such commencement: and in other cases; the date on which a panchayat with jurisdiction over that village is constituted:

(f)”inhabitant” of a village means, a person whether a proprietor or a non- proprietor, who ordinarily resides in the village;

Provided that temporary absence in relation to employment elsewhere shall not affect his residence in the village :

(g) “Panchayat” means a Panchayat constituted or continued under the Punjab Gram Panchayat ACt,1952:

(h) “displaced person” means a person defined as such in the East Punjab Displaced persons ( Land Resettlement) Act,1949.

3Vesting of rights in Panchayats and in non-proprietors

Notwithstanding anything to the contrary contained in any other law for the time being in force, and notwithstanding any agreement. instrument, custom or usage or any decree or order of any Court or other authority, all rights, title and interest whatever in the land:-

(a) Which is included in shamilat deh of any village, shall, on the appointed date, vest in a Panchayat having jurisdiction over the village:

(b) Which is situated in the abadi deh of a village and which is under the house owned by a non-proprietor, shall at the commencement of the Act, vest in the said non-proprietor, shall at the commencement of the Act, vest in the said non-proprietor.

4Regulation of use and occupation, etc. of lands.

All lands vested in a panchayat by virtue of the provisions of this Act shall be utilised or disposed of by the panchayat for the benefit of the inhabitants of village concerned in the manner prescribed.

5Saving of existing Possession.

(1) Where, before the appointed date, on any land which vests in a panchayat under the provisions of this Act-

(a) a person is in cultivation possession and his uncut and ungathered crops are standing thereon, he shall not be ejected from such land, unless the crops have ripened and he has been allowed reasonable time to harvest them;

(b) a person has built or erected any house or any other structure, he shall be allowed by the panchayat to retain possession of the same on such terms and conditions as may be determined by the panchayat, subject to any rules which may be framed in this behalf.

(2) If any person has a grievance against any determination made by a panchayat under sub-section (1), an appeal shall lie to the Collector, whose order thereon shall be final.

6Utilisation of Income.

Any income accruing from the use any occupation of the lands vested in a panchayat shall be credited to the panchayat fund and shall be utilised in the manner prescribed.

7Bar of Compensation.

No person shall be entitled to any compensation for any loss suffered or alleged to have been suffered as a result of the coming into force of this Act.

8Bar of Jurisdiction of Civil Court.

No. Civil Court shall have any jurisdiction over any matter arising out of the operation of this Act.

9Indemnity.

No suit prosecution or other legal proceedings shall lie against the Government or any person or authority for anything done or intended to be done in good faith in pursuance of the provisions of this Act.

10 Power to make rules.

(1) The State Government may, by notification, in the official Gazette, makes 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, the extent and manner in which, the inhabitants of the village shall make use of the lands vested in a Panchayat:

(b) The maximum and minimum area to be leased to any single person :

(c ) prescribing the forms for such books, enteries, statistics, and accounts as may be considered necessary to be kept, made or complied in any office or submitted to any authority.

(d) The terms and conditions on which the use and occupation of any land vested in a panchayat is permitted;

(e)The manner and circumstances in which any land may be disposed of, transferred or sold;

(f)The purposes for which any land may be given free of charge:

(g) Any other matter which can be or may be prescribed.

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