Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Schedule 3 – The Punjab Village Common Lands Regulation Act 1961

The Punjab Village Common Lands Regulation Act 1961

Schedule 3. The manner in which and the purposes for Shamilat deh may be used (Sections 5 and 15 (2)(a) of the Act)

(1) The Panchayat shall prepare a land utilization plan of the land in Shamilat deh vested in it under the Act. 1[it shall be the duty of B.D.& P.O to assist the Gram Panchayats concerned in the preparation of the said plans]. Such Plan shall be subject to approval of-

(a) The Panchayat Samiti-where the area exceeds 100 acres but

does not exceed 500 acres 2[1000 acres];

3(b) the Zila Parishad-where the area exceeds 500 acres but

does not exceed 1,000 acres];

(c) the Government-where the area exceeds 1,000 acres.

(2) The panchayat may make use of the land in Shamilat deh vested in it under the Act, either itself or through another, for any one or more of the following purposes:-

(i) Model farm ;

(ii) Seed farm ;

(iii) Nursery garden or any other horticultural purpose ;

(iv) production of food, fibre or fodder crops ;

(v )Diary farm ;

(vi) Grazing of cattle 1[animals] ;

(vii)Tree plantation or any other purpose related to forestry ;

(viii) Dyeing and tanning of skins and hides ;

(ix) Storage of fuel, fodder and/ or grain ;

(x) Bricks kilns 2[Pottery], extraction of shora ‘sand stones, kankar, bajri, other minerals defined in the Punjab Minor Mineral 3(Concession) Rules 1964 ;

(xi) Cremation or burial ground ;

(xxii) Manure pits ;

(xxiii)Public latrines and / or urinals ;

(xiv) Pathways 4[streets and lanes], roads, drains or water channels ;

(xv)Playground, recreation parks or children’ park or 5(balwaris);

(xvi) Leasing out, for the purposes of abadi to a family having insufficient housingaccommodation or for the purpose of industrial project approved by the Government ;

(xvii) School building, school library or any other structure for educational Purpose ;

(xviii)Maternity or first-aid centres ;

(xix) Hospital or dispensary ;

(xx)Veternary Hospital or dispensary ;

(xxi) Vehicle Park ;

(xxii) Panchayatghar 6[or village Chaupal] 7[or Community Center] ;

(xxiii) Ponds and fisheries ;

(xxiv) Wells, hand pump, water works, or any water lifting devices ;

(xivA) Thrasher floor 1[Thrashing ground] ;

2(xxiv:B) [Kohloo];

(xxv) Leasing out for cultivation ; or

(vxva) (Thrashing Floors; 3(or)-in Pb;

(vxvi) Any other kindred common purpose with the approval of the Panchayat Samitis;

.

(3) Subject to approval of Panchayat Samiti, a panchayat may unite with any other body or bodies being a Gram Panchyat, local authority or an institution or branch of institution’ established for the development of Panchayat and recognised by Government in taking up any of the purpose specified in sub rule (2).

COMMENTS

The Panchayat has unfettered rights to use Shamilat deh vested in it either the Shamilat law or the present Act of 1961, except to the extent to which the statutory law and the rules indicate for any of the specified purpose it like and it is not necessary that what was grazing land out of Shamilat deh previous to such vesting must continue to be such4.

On cancellation of lease of Shamilat deh, given in contravention of the Rules, it has been held that infraction of the legal right resting in the petitioner is a foundation of jurisdiction under Art. 226 of the Constitution. Cancellation of the lease of Shamilat
deh land granted to him in infringement of rule 3 of the Punjab Village Common Lands (Regulation ) Rules 1964, being null and void, gave him no such right the infraction of which he would complain, or in respect of which he could seek relief under the provisions of Articles 226 of the Constitution5.

Previous | Next

The Punjab Village Common Lands Regulation Act 1961

Indian Laws – Bare Acts

MyNation

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation