THE PUNJAB VILLAGE COMMON
(REGULATION) ACT, 1961 LANDS
(Applicable to Haryana)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Land tow hich this Act applies.
4. Vesting of rights in panchayats and non-proprietors.
5. Regulation of use and occupation etc. of lands vested or deemed to have been vested in panchayats.
SA. Disposal of lands vested or deemed to have been vested in panchayat. 5B. Certain transfers not to affect panchayat's right.
6. Appeal.
7. Power to put panchayats in possession of certain lands.
7A. Cognizance of offence.
7B. Procedure for prosecution.
8. Saving of existing possession.
9. Utilisation of income.
10. Bar of compensation. 10A. Power of Assistant Collector of first grade to cancelor vary sales or leases
etc. of lands vestedin
panchayats.
11. Sales of land in Shamilat deh not to be pre-emptible.
12. Rent of Shamilat lands to be recoverable as arrears of land revenue
13. Bar of jurisdiction. 13A. Adjudiction. 13AA. Appeal and
Revision.
13B. Appeal and
Revision.
13C. Finality of orders.
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(i) Sections 13D. Provisions of this Act to be overriding. 13E. Public Servant.
14. Indemnity. 14A. Saving.
15. Power to make rules.
16. Repeal and saving.
17. Validation.
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THE PUNJAB VILLAGE COMMON LANDS
(REGULATION) ACT, 1961
(PUNJAB Acr No. 18 OF 1961) |Received thea ssent of the President of India on the 22nd April, 1961, and first published f or general information in the Punjab Government Gazette (Extraordinary), Legislative Supplement,
of the 4th May, 1961 ]
2 3 4
YearNo. Short title Whether repealed or otherwise affected by legislation
1961 18 The Punjab Village Amended by Punjab Act 19 of 1964 Common Lands Amended by Punjab Act 13 of 1965 (Regulation) Amended by Haryana Adaptation of Act, 1961 Laws (State and Concurrent Subjects) Order, 19684
Amended by Haryana Act 18 of 19715
Amended by Haryana Act 43 of 19716
Amended by Haryana Act 23 of 19737
Amended by Haryana Act 47 of 19738
Amended by Haryana Act 34 of 19749
Amended by Haryana Act 25 of 197610
1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1958, Page 1503.
2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1964, page 285.
3. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1965, page 362.
4. See Haryana Government Gazette (Extraordinary), Leg. Supplement Part-III, 1968, page 561.
5. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1971, page 206.
6. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1971, page 1380.
7. Eor Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1973, page &l6.
R For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1973, page 2037.
9. For Statement of Objects and Reasons, see Haryana Governet Gazette
(Extraordinary), 1974, page 1200.
10. For Statement of Objects and Reasons,see Harvana Government Guzette
(Extraordinary), 1976, page l166.
3
2
34
Year No. Short title Whether repealed or otherwise affected by legislation
196118The Punjab Village Amended by Haryana Act 8o f 1978! Common Lands Amended by Haryana Act 2 of 19812 (Regulation)
Act, 1961 Amended by Haryana Act 15 of 19833 Amended by Haryana Act 9 of 19864
Amended by Haryana Act 9 of 19925
Amended by Haryana Act 18 of 19956
Amended by Haryana Act 13 of 19967
Amended by Haryana Act 9 of 19998
Amended by HaryanaA ct 13 of 2003
Amended by Haryana Act 8 of 200710
Amended by Haryana Act 6 of 2012!!
Amended by Haryana Act 23 of 201312
Amended by Haryana Act 10 of 201713
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1978, page 282.
2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1980, page 2244.
3. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1983, page 1150.
4. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1986, page 286.
5. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1991, page 534.
6. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1995, page 1594.
7. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1996, page 519.
8. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1999, page.45.
9. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 2003 page 643.
10. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 2007 page 752.
11. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 2012 page 541.
12. For Statement of Objects and Reasons, see Haryana (Extraordinary), 2013 page 401l1. Government Gazette
13. For Statement of Objects and Reasons, see Haryana (Extraordinary), 2017 page 648. Government Gazette
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AN
ACT
toc onsolidate and amend the law regulating the rights in shamilat deh and abadi deh.
Beit enacted by the Legislature of the State of Punjab in the Twelfth Year of the Republic of India as follows:
1. (1) This Act may be called the Punjab Village Common Lands Short title, extent and (Regulation) Act, 1961. Commence
(2) Ite xtends to the whole of the State of '[Haryana). ment.
(3) It shall come into force at once. Definitions.
2. In this Act, unless the context otherwise requires, ((a) Assistant Collector of the first grade" means an Assistant Collector of the frst Grade and include any other officer empowered by the State Government to exercise the
powers and perform the duties under this
Act;]
I(aa) "Collector" means the Collector of the district and includes
any other officer appointed by the State
Governmentfor
performing the functions of the Collector under this Act;]
"[(aaa) "Commissioner" meansthe Commissionerof the Division and includes any other officer appointed by the State
Government for performingthe functions ofthe
Commissioner under this Act:]
(b) "displaced person" means a person defined as such in the East Punjab Displaced Persons (Land Resettlement) Act, 1949, or the Patialaand East Punjab States Union Displaced Persons (Land Resettlement) Ordinance, 2006 BK;
S(b-i) "Financial Commissioner" means the Financial
Commissioner to Government,H aryana, appointed bythe
State Government for the
purpose of this Act :J
°[(bb) "hilly area" means Naraingarh Block, Manimajra Block,
Raipur Rani Block, and
Chhachharauli Block :]
1. Substituted for the word "Punjab" by the Haryana Adaptation of Laws (State and Concurrent
Subjects) Order, 1968.
2. Clause (a) substituted by Haryana Act47 of 1973 and then
substituted by Harvana Act6 of 2012.
3. Substituted by Haryana Act 8 of 1978.
4. Insertedby HaryanaAct 2 of1 981.
5. Insertedby Haryana Act 9 of 1999.
6. Inserted by Punjab Act 19 of 1964, Section 2, and substituted by Punjiab Act13of 1965, Laws (State and Concurrent
Section 2 and further substituted by Haryana Adaptationof
Subjects) Order, 1968.
4
not: or walled whether courtyard a includes "house" (c) whether person, a means village" a of "inhabitant (d) i resides ordinarily who non-proprietor, a or proprietor the village :
relation in absence or absence temporary that Provided in residence his affect not shall elsewhere emploment to the village:
under constituted Panchayat Gram a means "panchayat" 'Ie) 1994:] of (1l 1994 Act, Raj Panchayati Haryana the this under made rules by prescribed means "prescribed" )
Act;
(g) "shamilat deh" includes
(1) lands described in the revenue records as (Shamilat Deh or Charand] excluding abadi deh ;
(2) shamilat tikkas;
(3) lands in the described revenue records as shamilat, tarafs, patties, pannas and tholas and used according to revenue records for the of benefit the village or a community part or thereof for common purposes of the village;
[(4) lands used or for reserved the of benefit village community including streets, lanes, playgrounds, schools, drinking or wells ponds situated within the sabha area as in defined clause of (mmm) 3 of section the Punjab Gram Act, Panchayat 1952, excluding lands for reserved the common of a purposes village under 18 section of the East Punjab Holdings (Consolidation and of Prevention ) Act, Fragmentation 1948 (East Act Punjab 50 of 1948), the and management control whereof vests in the State Government under section 23-A of the ;] Act aforesaid
1. by Substituted Act 2 Haryana of 1981 and of 2007. futher by substituted 8 Act Haryana 2. by Substituted Act Haryana 43 of 1971. 3 by Substituted Act 9 Haryana of 1992.
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I(4a) vacant land situate in abadi deh or gorah deh not owned by any person;]
(5) lands in any village described as banjar qadim and used for common purposes of the village accordingto revenue records;
2| **]
but does not include land which
() becomes or has become shamilat deh due to river action or
has been reserved as shamilat in villages subject to river action except shamilat deh entered as pasture, pond or
playground in the revenue records
(ii) has been allotted on quasi-permanent basis toa displaced
person
I(ii-a) was shamilat deh, but has been allotted to any person by
the Rehabilitation Department of the State Government,
after the commcncement of this
Act, but on or beforethe
9th day of July, 1985 ;]
(iii) has been partitionedand brought under cultivationby individual land holders beforethe 26th January, 1950;
(iv) having been acquired before the 26th January, 1950, by a person or in exchangefor proprietary land from a co-sharer inthe shamilat deh is so recorded in the jamabandi or is supported by a valid deed :
(v) is described in the revenue records as shamilat, taraf, pattis, pannas and thola and used according to revenue records for the benefit of the village community or a part thereof for common purposes of
the village;
(vi) lies outside the abadideh and was being used as gitwar, bara, manure pit, house or for cotage industry, immediately before the commencement of this Act:]
1. Inserted by Haryana Act 23 of 1973 and further omitted by Haryana Act 2of 1981 and further inserted by Haryana Act 15 of 1983 w.e.f. 12-2-1981.
2. Omitted by Haryana Act 9 of 1992.
3. Insertedby H aryana Act 13 of 1996.
4. Substituted by Haryana Act 2 of 1981.
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'I(vi) shamilat was (vii) deh, was to assessed land in been the individual revenue and has cultivating possession of ds not being in excess of their respective co-shares shares deh on shamilat or in before the 26th such ; January, Or 1950 :cti (ix) is used as a of place or worship for purposes thereto; subservient
(h) shamilat law" means relation to in (i) land in situated of part the which territory] immediately before the Ist 1956 November, was in the comprised State of the Punjab, Puniab Village Common Lands Act, (Regulation) 1953; or
(i) in to relation land in situated [part of the territorv] which immediately before the Ist November, 1956, was in the comprised State of Patiala and East Punjab States the Union, Pepsu Village Common Lands (Regulation) Act, 1954;
(i) "State Government" means the Government of the State of [Haryana ;]
[(6) lands reserved for the common purposes of a village under section 18 of East Punjab Holdings (Consolidation and Prevention of Fragmentation)A ct, 1948 (East Punjab Act 50o f 1948), the management and control whereof vests in the Gram Panchayat under section 23-A of the aforesaid Act.
Explanation.-Lands entered in the column of ownership of record o rights as Jumla Malkan Wa Digar Hagdaran Arazi Hassab Kasad', Jumla Malkan' or Mushtarka Malkan' shall be shamilat deh within the of meaning this section.J
1. by Omitted Act Haryana 18 of 1995. 2. for the Substituted Laws words "the of Adaptation by Haryana territory" the (State and Concurrent Subjects) Order, 1968. 3 by Inserted 9 Haryana Act of 1992.
7
3. () This Act shall apply, and before the commencement of Lands to which this Act, the shamilat law shall be deemed always to have applied, to all this Act applies
lands which are shamilat deh as defined in clause (g)of section 2.
"I(2) Notwithstanding anything contained in sub-section (1) of section 4,
(i) where any land has vested in a panchayat under the
shamilat law, but such land, other than that excluded under sub- clause (i-a) of clause (g) of section 2, has
been excluded from shamilat deh as defined in clause(g)
of section 2, all rights, title and interest of the panchayat
in such land shall, as from the
commencement of this
Act, cease and such rights, titleand interest shall be
revested in the person or persons in whom they vested
immediately before the commencement ofthe shamilat
law ; and the panchayat shall deliver possession of such
land to such person or perSons:
Provided that where a panchayatin
unableto
deliver possession of any such
land on account of its
having been sold or utilised for any of its purposes, the
rights, title and interest of the
panchayat in such land
shall not so cease but
the panchayat shall,
notwithstanding anything containedin section 10, pay
to the person or
persons entitled to such
land.
compensation to be determinedin
accordance with such
principles and in such manneras
may be prescribed;
(iüi) where any landhas
vested in a panchayat under
this
Act, but such land has
been excluded from
shamilat
deh under sub-clause (ii-a)
of clause (g) of section 2,
all
rights, title and interest of the
panchayat in such land,
from the dateof
allotment of such land by
the
Rehabilitation Department of the
State Government,
shall cease and allsuch
rights, title and interest shall
vest in the person or
persons to whom the land
so
excludedhas been allotted
by the Rehabilitation
1. Substituted by Haryana Act 13 of 1996.
8
of the Department State on or Government 9th day of July, 1985, to subject the the before condition that-
(a) any sum of money realised by the of the Department State Rehabilitation as Government allotment of such land; or of result
(b) where no money was by realisable the Rehabilitation of the Department State as a Government of result of allotment such land, the of amount in compensation of respect such land as determined under (3) by sub-section the of Collector the in district which a such is land situated, shall be paid by the Rehabilitation of the Department State to the Government and Development Panchayats for Department onward to the disbursement to panchayat which such shamilat deh belonged.
(3) As as sOon may be, on the of the commencement Punjab Village Common Lands (Regulation) Haryana Act, Amendment 1996, the and Development Panchayats shall Department make to the reference of the Collector to district the determine of amount under compensation (ii) of sub-clause (2) and sub-section the of Collector the district shall. in keeping view the market value of the shamilat deh at the time it was allotted the determine of amount compensation.] Vesting of 4. (1) to Notwithstanding anything the contrary in any rights in contained other law for the time in being force or in any panchayats agreement, instrument, or custom or usage any or and non decree order of any or court other all authority, rights, proprietors. title and interests in whatever the land,
(a) is which in the included deh of shamilat any village and has which not in a vested panchayat under the shamilat law at shall, the of this commencement Act, vest in panchayat for constituted such village, and no where such has payment been for constituted such village, vests in the on panchayat such date as a panchayat having over jurisdiction that is vilage constituted:
(b) which is situated within or outside the abadi deh of a village and which is under the house owned by a non proprictor, shall on the commencement of the shamilat law, be deemed to have been vested in such non proprietor.
(2) Any land which is vested in a panchayat under the shamilat law shall be deemed to have been vested in the panchayat under this Act.
(3) Nothing contained in clause (a)o f sub-section (l) and is sub-section (2)s hall affect or shall be deemed ever to have affected the
(i) existing rights, title or interest of persons who though not entered as occupancy tenants in the revenue records are accorded a similar status by custom or otherwise, such as Dholidars, Bhondedars, Butimars, Basikhuopahus, Saunjidars, Muqararidars:
"I(ü) rights of persons whow ere in cultivating possessionof shamilat deh on the date of the commencement of the Punjab Village Common Lands (Regulation) Act, 1953, or the PepsuV illage Common Lands (Regulation) Act, 1954, and were in such cultivating possession for more than twelve years on such commencement without payment of rent or by payment of charges not exceeding the land revenue and cesses payable thereon ;] (iiü) rights of a mortgagee to whom such land is mortgaged with possession before the 26th January, 1950. s. () AIl lands vested or deemed to have been vested in a Regulation of panchayat under this Act, shall be utilized or disposed of by the panchayat, use and for the benefit of the inhabitants of the village concerned in the manner occupation etc. of lands vested prescribed : or deemed to
have been
Provided that where two or more villages have a common panchayat
vested in
the shamilat deh of each village shall be utilised and disposed of by the panchayats. panchayat for the benefit of the inhabitants of that village:
1. Substituted by Haryana Act 23 of 1973.
11
10
Provided further that where there are two or more shamilat tikkas in a village the shamilar tikka shall be utilised and of by dispOsed the for panchayat the of benefit the of inhabitants that tikka:
Provided further that where the area of land in shanmilat deh of any so village or vested to deemed have been vested in a is in panchayat of excess per twenty-five cent of the total area of that village (excluding abadi deh) then per cent twenty-five of such total area shall be to left the and out panchayat of the area of remaining deh shamilat an area up to the
of CXtent of twenty-five percent such total area shall be for utilized the
of settlement landless tenants and other tenants or ejected to be of ejected that village and the remaining area of if shamilat deh, any, shall be utilized for to the distribution small of landowners that village to subject the provisions relating to area '{permissible under the Haryana on Ceiling Land Holdings Act, by 1972, the Assistant of the Collector first grade] in with the consultation [in panchayat such manner and on of payment such as amount be may prescribed.]
(2) The area of shamilat deh to be for utilized the of purposes the third to proviso (l) sub-section shall be by such demarcated in officer the with consultation panchayat andin such as manner may be prescribed.
(3) The State or any Government officers by it authorised in this behalf may from to time time, witha view to ensuring with compliance the of the provision second to proviso (1) or sub-section (2), sub-section issue to any panchayat such as directions may be deemed necessary. SI(4) Nothing in contained the third to proviso sub
section (l), and in (2) and sub-section (3) sub-section shall to apply the
hilly area.]
(5) Notwithstanding anything in contained this if in section, the opinion of the State it is Government; to necessary take to over, secure proper management for better-utilization for the benefit of the inhabitants of the village concerned any shamilat deh, the may by Government notification take over the of such management deh, shamilat for a period not exceeding twenty years.
*1
1. Substituted by Haryana Act 47 of 1973.
2. Substituted by Haryana Act 23 of 1973.
3. Added by Punjab Act 19 of 1964, section 3.
4. Added by Haryana Act 18 of 1971, section 2.
5. Proviso deleted by Haryana Act 23 of 1973.
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(6) The income from the shamilat deh, the management of whichis taken over under sub-section (5), after meeting all charges relating or incidental to the management and utilisation, shall be credited to the Gram Fund and utilised for the benefit of the inhabitants of the village concerned.]
"|5A. (1) Ap anchayat may gift, sell, exchange or lease the land in Disposal of shamilat deh vested in it under this Act to such persons including members lands vested or of Scheduled Castes and Backward Classes on such terms and conditions deemed to as may be prescribed: have been vested in
Provided that the lease of land by way of allotment for cultivation panchayat. purposes may be given for a period upto 99 years only to a person who does not own any land for agriculture on the date of the commencement of this Act and has been the original lessee either under the provisions of the East Punjab Utilisation of Lands Act, 1949 (Punjab Act 38 of 1949) or under the provisions of the Punjab Village Common Land (Regulation) Act, 1953 for a period not less than seven years and has remained in continuous cultivating possession of the leased land upto the 24th September, 1986, with corresponding entries in the revenue record:
Provided further that the lessee shall make one time payment, as may be prescribed, for the period he remained in cultivating possession without making payment of lease money.
Explanation.-"Person" for the purpose of this sub-section shall include legal heirs of the original allottee.
(2) The gift, sell, exchange of lease of the land in shamilat deh already made shall be deemed to have been made under sub-section (1). 2r3) The land in shamllat deh gifted toa department. Board or any agency of the State Government by the panchayat by passing a resolution and without prior approval of the State Govermment before the 4th April, 2007 shall be regularized by the panchayat at by forwarding the said resolution to the State Governmnent for obtaining approval. The State Government may grant approval to such resolution."] SB. (1) Any transfer of land, gifted sold, exchanged or leased Certain before or after the commencement of this Act, made in contravention of transfers not to the prescribed terms and conditions, shall be void and the gifted, sold, affect panchayat's exchanged or leased land so transferred shall revest to, and revert in, the panchayat free from all encumbrances. rights.
1. Substituted by Haryana Act 88 of 2007 and again substituted by Haryana Act 23 of 2013.
2. Added by Haryana Act 10 of 2017.
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(2) The Govermment or any officer authorized by it may, either suo motu or on application made to him by a panchayat or an inhabito. of the village or the Block Development and Panchayat Officer, examine the record for to the as the himself satisfying of purpose or legality propriety of any sale, lease, gift, exchange, contract or agreement executed before or after commencement of this Act, if such sale, lease, gift.
Contract or agreement is found detrimental to the interest exchange, of the villagers and is no longer in required the of interest the the panchayat, Government may, after making such enquiry as it may deem fit, cancel the same and
no separate proceedings under any law shall be to required cancel the sale, lease, gift or exchange. The be panchayat shall to competent take over the of possession such premises the including constructions thereon. If any, for no which shall be compensation payable.] Appeal. 6. (1) If any is person by an aggrieved act or of decision panchayat under 5, he section may, within thirty days from the of date such act or decision, to appeal [the Assistant of the Collector first grade] who may confirm, or reverse modify the act or or decision, make such other order as he to thinks be just and proper.
(2) The appellate order of '[the Assistant of the Collector first grade] shall be final. Powers to put [7. (1) An Assistant panchayats in of Collector the first grade in having the village possession of jurisdiction may, either suo motuo r on an to application made certain lands. him a by or an panchayat of the inhabitant or village the Block and Panchayat or Development Officer Social and Education Panchayat or Officer, officer any other by the authorised Block and Development Panchayat making such Officer, after summary as enquiry he may fit deem and in with such as accordance procedure may be eject prescribed, any or person wrongful who is in unauthorised of possession the land or in other property the shamilat deh immovable of that village which vests or have is been to in vested deemed the panchayat under this Act and put the possession thereof and in for sß panchayat doing the grade Assistant may of the Collector the first exercise of a powers revenue court in of a execution to relation the for decree of Act, 1887: possession land under the Punjab Tenancy that if Provided in any such and the proceedings proved of prima question is title facie on the raiseo basis of 1. that the documents by of Substituted question title Act Haryana 47 of 2. 1973. by Substituted Haryana Act 34 of 9 Act of 1974, and 1992. further by substituted Haryad
13
is really involved, the Assistant Collector of the first grade shall record a finding to that effect and first decide the question of title in laid down hereinafter. the manncr
(2) The Assistant Collector of the first grade shall by an order, in writing, require any person to pay a penalty, in other respect of the immovable land or property which was or has been in his wrongtul or unathorised possession, at a rate not less than five thousand rupees and not more than ten thousand rupees per hectare per annum, having to the regard benefit which could be derived from the land or other immovable property. If the penalty is not paid within the period of thirty days from
the date of the order, the same shall be recoverable as arrears of land
revenue.
(3) The procedure for deciding the question of title under proviso to sub-section (1), shall be the same as laid down in the Code of Civil Procedure, 1908.
(4) If any person refuses or fails to comply with the order of eviction passed under sub-section (), within ten days of such order, the Assistant Collector of the first grade may use such force, including police force, as may be necessary for putting the panchayat in possession.
(5) Any person who is found in wrongful possession of the land or other immnovable property in shamilat deh and is ordered to be ejected under sub-section (1), shall be punishable with imprisonment for a term which may extend to two years.
7A. Notwithstanding anything contained in the Code of Criminal Cognizance of Procedure, 1973 (2 of 1974), no court other than that of the Judicial offence. Magistrate of the first class. shall take cognizance of, or try,a ny offence punishable under this Act.
7B. No court shall take cognizance of any offence under this Act Procedure for except on the complaint of, or upon information received by the Block prosecution. Development and Panchayat Officer or District Development and Panchayat Officer or any other authorised by the State Government in this behalf. Such proceedings shall be initiated only after the ejectment order against such person has become final under section7.]
8. (1) Where on any land in the shamilat deh immediately before Saving of it vests or isd eemed to have been vested in a Panchayat under this Act, a existing person is in cultivating possesion and his uncut and ungathered crops are Posseson. standing thereon, he shalln ot be ejected from such land unless the crops have ripened and he has been allowed reasonable time to harvest them.
14
determination any by aggrieved person Any made (2) by a panchayat under sub-section(1) may, within thirty days thereof, appeal to [the Assistant Collector of the first grade] whose decision thereon shall
be final.
9. Any income accruing fromn the use arnd occupation of the lands by Ualisation of InCOme. opr vested or deemed to have been vested in a panchayat shall be credited to exc the panchayat fund and shallb e utilised in the manner prescribed.
10. No person shall be entitled to any compensation for any loss Bar of Cor compensation. suffered or alleged to have been suffered as a result of the coming into firs force of this Act or of the shamilat law. an Power of {10A. (1) Notwithstanding anything contained in this Act or the tim [Assistant
ex Collector of the shamilat law or any other law for the time being in force, [the Asistant
first grade] to Collector of the first grade may call for from any panchayat in the area of
cancel or vary CO his jurisdication ]th e record of any [sale, lease], lgift or exchange] contract [sales or act or agreement entered into by the panchayat in respect of any land vested lcases, gift or or to be un deemed in vested it, whether such [sale, lease or gift, exchange], exchange or) contract or agreement is entered into before or after the commencement of CO etc. of lands
vested in the Punjab Village Common Lands (Regulation) Amendment Act, 1964, ag
panchcayats. and examine such A: record for the of purpose satisfying as himself to the
th legality or properety of such sale, lease], [gift or exchange], contract or
agreement.
(2) on Where, of the examination record under (1) sub-section and after making such if inquiry, as any, he may deem fit, S[the Assistant a of Collector the first is grade] satisfied that such {sale, lease, gift or exchange], or contract agreement.
(i) has been entered into in of any of contravention f the of this provisions Act or the rules made or thereunder;, (ü) has been entered as a into of result fraud of concealment facts; or (üi) is the detrimentalto of interests the as panchayat prescribed: [the Assistant of Collector the first grade] may. as notwithstanding anything aforesaid, the cancel [sale. lease, or gift exchange], or contract or agreement vary 1. by Substituted Act Haryana 47 of 1973. 2. by Inserted Punjab Act 19 of 1964, 4. section 3. by Substituted Act Haryana 47 of 1973. 4. for the Substituted words by "Leases'" Act Haryana 34 of 1974 and by substituted furUc Act 8 Haryana of 2007. 5. by Substituted Act Haryana 47 of 1973.
15
terms thereof or to unconditionally subject such conditions as he may think fit:
that Provided no order under this shall sub-section be passed by '[the Assistant of the Collector first grade] without an affording of opportunity being heard to the to parties the '[sale, lease, gift or exchange], or contract agreement.
(3) Where the of terms any {sale, lease, gift of l, exchange or contract have agreement been by varied [the Assistant of Collector the first grade] under (2), sub-section the variation shall, notwithstanding
anything contained in this Act or the shamilat law or in any law for the
time being in force, be binding on the parties to the {sale, lease, gift or
exchange], contract or agreement, as the case may be.
(4) Where the [vendee, lessee] or the person with whom a contract or agreement has been entered intob y a Panchayat refuses to accept the variation made by [the Assistant Collector of the first grade] under this section int he terms of x x x] 2sale, lease], (gift or exchange ] or contract exchange], or gift lease, '[sale, such agreement, or contract 'the by cancelled be to deemed be shall be, may case the as agreement, from effect with section this under grade] first the of Collector Assistant the date of such refusal.
exchange], or lease,gift [sale, any section this under Where (5) terms its or cancelled be to deemed or cancelled is agreement or Contract or contract the whom with person the or lessee] {vendee, the varied, are Collector Assistant [the by assessed be into, entered been has agreemnent lessee, vendee, the to caused damage or loss any for grade] first things the of of course usual the in arose naturally which person such or 2[donee] variation: or cancellation remote such any from for given be shall compensation such no that or cancellation Provided such of reason by sustained damage or loss indirect and time the for law any variation. in contained anything Notwithstanding Assistant '[the (6) by awarded compensation of the amount by payable the force, be shall in being section this under the grade] on first a the be valid charge of shall Collector and manner prescribed the in Panchayat
sabha fund.
1973. further of 47 and Act 1974 Haryana of 34 Act by Haryana Substituted by "Leases" 1. words the for Substituted 2007. of 2. & Act Haryana by substituted 1974. of 34 Act Haryana by Omitted 3.
16
(7) Any partyy t o a' [sale, lease]. [gift or exchange) contract or Assistant {the of order of any by Collector aggrieved agreement the first thirty of period a within may, section this under made grade] days from to /the Collector] whose decision the date of such order appeal thereon shall be final.] Sales of land 11. Notwithsatanding anything contained in the Punjab Pre-emption
shamilat deh Act, 1913, no sale of land in shamilat deh made by a panchayat shall be not to be pre
pre-emptible and no decree of pre-emption in respect of any such sale emptible.
shall be executed after the commencement of this Act.
Rent of 12. Any arrears of rent payable to a panchayat in respect of any
shamilat lands land in shamilat deh vested or deemed to have been vested in it under this
to be
Act or the shamilat law (or any amount assessed under sub-section (2) of recoverable as
section 7] shallb e recoverable as arrears of land revenue. arrears of land
revenue.
Bar of [13. No civil court shall have jurisdication. Jurisdiction. to (a) or entertain adjudicate upon any question whether
(i) any land or other immovable is or property not shamilat deh;
(ü) any land or other immovable or property any right, title or in interest such land or other immovable property or vests does not vest a in panchayat under this Act;
(b) in of respect any matter which any revenue court, officer or is authority by or empowered under this Act to determine; or
(c) to the question of legality any action taken or matter decided by any revenue court, or officer authority to empowered do so under this Act.] Adjudication. $[13A. (1) Any or person in the case of a panchayat, either the or its panchayat Gram the Sachiv, concerned Block and 1. Development for the Substituted words by "Leases" Haryana Act 34 of 1974 and by inserted further & Haryana Act of 2007.
2. by Substituted Act Haryana 47 of 1973. 3. by Inserted Act Haryana 23 of 1973. 4. by Substituted Act Haryana 34 of 1974 and Act 2 further of by 1981 and substituted be shall Haryana to deemed have been of May, 1961. substituted w.e.f. the 4th day
5. by Inserted Act Haryana 34 of 1974 and further 1981 by and omitted shall be Act 2 Haryana of to deemed have been omitted w.e.f the 12th 1974 day of and the new November, sections by inserted Act 2 Haryana of to 1981 deemed and have shall be been inserted w.e.f. the 4th day of May, by 1961 omitted and Act further Haryana 9, 1992 and further inserted Act 9 byHaryana of 1999.
17
Panchayat Officer. Social Education and Panchayat Officer or any other officer duly authorised by the State Government in this behalf, claiming right. title or interest in any land or other immovable property vested or deemed toh ave been vested in the panchayat under this Act, may file a suit for adjudication, whether such land or other immovable propertyi s shamilat deh or not and whether any land or other immovable property or any right, title or interest therein vests or does not vest in a panchayat under this Act, in the court of the Collector, having jurisdiction in the area wherein such land or other immovable property is situated :
Provided that no suit shall lie under this section in respect of the land or other immovable property, which is or has been the subject matter of the proceedings under section 7 of this Act under which the question of title has been raised and decided or under adjudication.
(2) The procedure for deciding the suits under sub-section(1) shall be the same as laid down in the Code of CivilP rocedure, 1908( Act 5o f 1908).
13AA. (1) Any person, aggrieved by an order passed undersub-Appealand section (1) of section 13A, may within a period of thirty days from the Revision. date of such order, prefer an appeal to the Commissioner in such form and
manner, as may be prescribed, and the Commissioner may after hearing
the appeal, confirm, vary or reverse the order as he deems fit.
(2) The Financial Commissioner may, suo motu or on an application made to him by any person aggrieved by an order passed under sub-section (l), call for the record of any proceedings pending before, or order passed by the Commissioner for the purpose of satifying himself
as to the legality or propriety of the proceedings or order and pass such
order in relation thereto as he may deem fit:
Provided that no order adversely affecting any person shallb e passed unless he has been afforded an opportunity of being heard.] [13B. (1) Any person aggrieved by an order of the Assistant Appeal and
Collector of the first grade may, within a period of thirty days fromthe Revision.
date of order passed under sub-section (l) or sub-section
(2) of section 7 prefer an appeal to the Collector ins uch form and manner,as
may be prescribed , and the Collector may after hearingthe appcal.
Confirm, vary or reverse the order as he
deems fit:
1. Substituted by Haryana Act 98 of
1992.
18
shall lie unless thea mount Provided no that such appeal of penalty, if any, imposed under sub-section (2) of section 7, is deposited with the Collector.]
(2) The Commissioner may, suo motu '|or on an application made to him by any person aggrieved by an order passed under the proviso to sub-section (1) of section 7 at any time] call for the record of an proceedings pending before, or order passed by, any authority subordinate to him for the of purpose satisfying as to himself the or legality propriety of the or proceedings order and pass such in order relation as thereto he may deem fit:
Provided that no order adversely affecting any person shall be passed unless he has been an afforded of opportunity being heard. Finality of 13C. Save as otherwise expressly in provided this orders. Act, every order made by the Assistant of Collector the first grade, the or Collector the be shall Commissioner final and shall not be in called in question any manner in any Court. Provisions of 13D. The of provisions this Act shall this Act to be have effect to notwithstanding anything the contrary in contained any law, overriding. agreement, custom, instrument, usage, or decree order of any court or other authority.] Public Servant. [13-E. Every or officer employee acting this under the Act or the of rules provisions made shall be thereunder to a deemed be within the public servant of meaning 21 section of the Indian Penal Code.] Indemnity. 14. No suit, or prosecution other legal the State shall lie proceedings or against any Government or person for to authority be intended in done anything or done good in faith Act. of the persuance of provisions this
Saving. 14A. Nothing in this contained Act or the law shamilat shall (a) or affect shall be deemed ever to have of the affected any State right in the Government land or be vested to in a vested deemed panchayat under this Act; or 1. by Substituted 9 Haryana Act of 2. 1992. by Inserted ibid.
3. by Inserted Punjab Act 19 of 1964, 5. section
19
(b) entitle or shall be deemed ever to have entitled a panchayat or any other authority under this Act or the shamilat law to exercise any right or to do any act in respect of any land in the hilly area vested or deemed to be vested in the panchayat whether such land has or has not been declared as a protected forest under section 29 of the Indian Forest Act, 1927, in contravention of the provisions of that Act or the rules made thereunder.}]
15. (1) The State Government may, by notification in the Official Power tom ake Gazette, make rules for carrying out the purposes of this Act. rules.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for
(a) the principles on which and the extent to and the manner in which the inhabitants of the village shall make use of the lands vested or deemed to have been vested in a panchayat ;
(b) [the maximum and minimum area to be sold, gifted, exchange or leased to any single person;]
(c) the prescribing of forms for such books, entries, statistics and accounts as may be considered necessary to be kept, made or complied in any office or submitted to any authority ;
(d) determining the principles on which and the mannerin
which compensation may be paid under sub-section (2)
of section3 ;
(e) the terms and condition on which the use and occupation
of any such land is permitted;
() the manner and circumstances in which any such land
may be isposed of transferred or
sold :
'(fM the terms and condition on which the land in shamilatdeh
may be gifted, sold, exchanged or leased, and
1. Inserted by Haryana Act 25 of 1976. Further substituted by Harvana Act 8
of 2007.
20
land such any which may for be purposes the (8) givens free of charge;
(h) the regulation of procedure where a panchayat '[sues or is sued]i n its representative capacity ;
(i) the manner and the order of priority in which the excess area shall be utilised by '{the Assistant Collector of the first grade] under sub-section (l) of section 5;
G) the officer by whom and the manner in which the area of shamilat deh referred to in sub-section (5) shall be demarcated; and
I(k) the form and manner of an filling appeal under section 13AA and 13B ;
() any other matter can which be or may be prescribed. Repeal and 16. The Punjab Village Common Lands Act, (Regulation) 1953, saving. and the Pepsu Village Common Lands Act, (Regulation) 1954, are hereby repealed :
Provided that anything or done any action taken under any law so repealed be shall to deemed have been or done taken under the of corresponding provision this Act, and shall to be continue in force accordingly, unless and until by superseded anything done or taken under this Act. any action '[Important Note.
(1) On the of this Act, commencement the appeals pending before the Collector shall be of by disposed him other while the shall proceedings standing to the transferred Assistant of the Collector first grade.
(2) An appeal shall lie to the from any Commissioner by passed order the Collector before the of Act this shall be commencement of by disposed him.]
2. by Substituted 2 Act Haryana of 1981 and shall be always substituted. Further to deemed have by been 1. substituted Act 8 Haryana of by Substituted 2007. Act Haryana 47 of 1973.
21
"7. Notwithstanding any judgement, decree or order of any civil Validation. court, all actions taken, rules made and orders or decree or passed by Revenue Court, officer or authority under the principal Act as amended by the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1980, shall be deemed to have been validly taken, made or passed, as the case may be, as if the principal Act, as amended by the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1980, had been in force at all material times when such action was taken, rules were made and judgements, orders or dectees were passed by the Revenue Court, officer or authority.]
55654LR.-H.G.P., Ch.
1. See Haryana Act 2 of 1981.
HARYANA GOVT. GAZ. (EXTRA.), JUNE 5, 2017 (JYST. 14, 1939 SAKA) 171
gfj;k.kk ljdkj
fof/k rFkk fo/kk;h foHkkx
vf/klwpuk
fnukad 5 twu] 2017
la[;k ySt- 10@2017-& fn iatkc foy~&bt dkWeu ySUMt ¼jxs ;wys'kWu½ gfj;k.kk vWesUMesUV ,sDV] 2017] dk fuEufyf[kr fgUnh vuqokn gfj;k.kk ds jkT;iky dh fnukad 18 ebZ] 2017 dh Loh—fr ds v/khu ,rn~}kjk çdkf'kr fd;k tkrk gS vkSj ;g gfj;k.kk jktHkk"kk vf/kfu;e] 1969 ¼1969 dk 17½] dh /kkjk 4&d ds [k.M ¼d½ ds v/khu mDr vf/kfu;e dk fgUnh Hkk"kk es a çkekf.kd ikB le>k tk,xk %&
2017 dk gfj;k.kk vf/kfu;e la[;k 10
Ikatkc xzke 'kkeykr Hkwfe ¼fofu;eu½ gfj;k.kk la'kks/ku vf/kfu;e] 2017 Ikatkc xzke 'kkeykr Hkwfe ¼fofu;eu½
vf/kfu;e] 1961] gfj;k.kk jkT;kFkZ]
dks vkxs la'kksf/kr
djus ds fy,
vf/kfu;e
Hkkjr x.kjkT; ds vM+lBos a o"kZ eas gfj;k.kk jkT; fo/kkue.My }kjk fuEufyf[kr :i eas ;g vf/kfu;fer gks %&
1- ;g vf/kfu;e Ikatkc xzke 'kkeykr Hkwfe ¼fofu;eu½ gfj;k.kk la'kks/ku vf/kfu;e] 2017] dgk laf{kIr ukeA tk ldrk gSA
2- Ikatkc xzke 'kkeykr Hkwfe ¼fofu;eu½ vf/kfu;e] 1961 dh /kkjk 5d dh mi/kkjk ¼2½ ds ckn] 1961 ds iatkc fuEufyf[kr mi/kkjk tksM+h tk,xh] vFkkZr~ %& vf/kfu;e 18 dh
/kkjk 5d dk
^^¼3½ 4 vizSy] 2007 ls iwoZ iapk;r }kjk ladYi ikfjr djr s gq, rFkk jkT; ljdkj la'kks/kuA ds iwoZ vuqeksnu ds fcuk jkT; ljdkj ds fdlh foHkkx] cksMZ ;k fdlh vfHkdj.k dk s migkj eas nh xbZ 'kkeykr ngs eas Hkwfe] iapk;r }kjk mDr ladYi dk vuqeksnu izkIr dju s ds fy, jkT; ljdkj dk s vxzsf"kr djr s gq,] fofu;fer dh tk,xhA jkT; ljdkj ,sl s ladYi dk vuqeksnu iznku dj ldrh gSA^^A
dqynhi tSu]
lfpo] gfj;k.kk ljdkj]
fof/k rFkk fo/kk;h foHkkxA
55372—L.R.—H.G.P., Chd.
24
HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA) 217
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 7th December, 2020
No. Leg. 40/2020.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 26th November, 2020 and is hereby published for general information:-
HARYANA ACT NO. 30 OF 2020
THE PUNJAB VILLAGE COMMON LANDS (REGULATION) HARYANA
AMENDMENT ACT, 2020
AN
ACT
further to amend the Punjab Village Common Lands (Regulation) Act, 1961, in its application to the State of Haryana.
Be it enacted by the Legislature of the State of Haryana in the Seventy-first Year of the Republic of India as follows:-
1. This Act may be called the Punjab Village Common Lands (Regulation) Haryana Short title. Amendment Act, 2020.
2. In section 2 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter Amendment of called the principal Act),- section 2 of Punjab
Act 18 of 1961.
(i) in clause (bb), the words and sign "Manimajra Block," shall be omitted;
(ii) in clause (g),-
(a) in sub-clause (4), for the words, signs and figures "clause (mmm) of section 3 of the Punjab Gram Panchayat Act, 1952", the words, signs and figures "clause (liv) of section 2 of the Haryana Panchayati Raj Act, 1994"
shall be substituted; and
(b) item (i) shall be omitted.
3. In sub-section (2) of section 7 of the principal Act, for the words "at a rate not less than Amendment of five thousand rupees and not more than ten thousand rupees per hectare per annum", the words section 7 of Punjab Act 18 of 1961.
"at the rate of one percent of the Collector rate of the land per acre per annum with the ceiling of total penalty amount equal to ten percent of the current Collector rate of the encroached land"
shall be substituted.
BIMLESH TANWAR,
Administrative Secretary to Government, Haryana, Law and Legislative Department. 8990—L.R.—H.G.P. Pkl.
25
HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA) 101
PART - I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 5th April, 2021
No. Leg. 15/2021.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 31st March, 2021 and is hereby published for general information:-
HARYANA ACT NO. 15 OF 2021
THE HARYANA SHORT TITLES AMENDMENT ACT, 2021
AN
ACT
to amend the short titles of Punjab Acts and East Punjab Acts as applicable to the State of Haryana.
Be it enacted by the Legislature of the State of Haryana in the Seventy-second Year of the Republic of India as follows:-
1. This Act may be called the Haryana Short Titles Amendment Act, 2021. Short title.
2. In this Act, unless the context otherwise requires,- Definitions.
(a) "Punjab Act" and "East Punjab Act" mean the Act enacted by a competent legislature or other competent authority before the 1st November, 1966 for the State of Punjab or the East Punjab, as the case may be and as are applicable to the State of Haryana on the commencement of this Act;
(b) "Schedule" means the Schedule appended to this Act.
3. In the short title of each of the Punjab Acts and East Punjab Acts specified in column 2 of Amendment of the Schedule, for the word "Punjab" and "East Punjab", the word "Haryana" shall be, and shall short titles of Punjab and East
be deemed to have been substituted with effect from the 1st November, 1966. Punjab Acts.
4. Notwithstanding the amendment of short titles of Punjab Acts and East Punjab Acts Citation of Punjab specified in column 2 of the Schedule by section 3, the citation of the Acts by reference to the Acts and East Punjab Acts
number and year respectively specified in column 3 of the Schedule against those Acts shall stands stand unmodified. unmodified.
5. Unless the context otherwise requires, any reference to the short title of the Punjab Acts Construction of and East Punjab Acts specified in the Schedule, in any rules, regulations, bye-laws, schemes, subordinate legislation made
notifications or orders or in any other instrument made or issued under the said Punjab Act and under Punjab Acts East Punjab Act, shall be construed as a reference to the short title of the said Punjab Act as and East Punjab amended by this Act. Acts.
26
102 HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA)
SCHEDULE
| Sr. No. |
Name of the Act |
Act number and Year |
| 1 |
2 |
3 |
| 1. |
The Punjab Laws Act, 1872 |
Punjab Act 4 of 1872 |
| 2. |
The Punjab District Boards Act, 1883 |
Punjab Act 20 of 1883 |
| 3. |
The Punjab Tenancy Act, 1887 |
Punjab Act 16 of 1887 |
| 4. |
The Punjab Land Revenue Act, 1887 |
Punjab Act 17 of 1887 |
| 5. |
The Punjab Courts (Supplementing) Act, 1918 |
Punjab Act 9 of 1919 |
| 6. |
The Punjab General Clauses Act, 1898 |
Punjab Act I of 1898 |
| 7. |
The Punjab Riverain Boundaries Act, 1899 |
Punjab Act 1 of 1899 |
| 8. |
The Punjab Land Preservation Act, 1900 |
Punjab Act 2 of 1900 |
| 9. |
The Punjab Minor Canals Act, 1905 |
Punjab Act 3 of 1905 |
| 10. |
The Colonization of Government Lands (Punjab) Act, 1912 |
Punjab Act 5 of 1912 |
| 11. |
The Punjab Pre-emption Act, 1913 |
Punjab Act 1 of 1913 |
| 12. |
The Redemption of Mortgages (Punjab) Act, 1913 |
Punjab Act 2 of 1913 |
| 13. |
The Punjab Forest (Sale of Timber) Act, 1913 |
Punjab Act 3 of 1913 |
| 14. |
The Punjab Excise Act, 1914 |
Punjab Act 1 of 1914 |
| 15. |
The Punjab Fisheries Act, 1914 |
Punjab Act 2 of 1914 |
| 16. |
The Punjab Military Transport Act, 1916 |
Punjab Act 1 of 1916 |
| 17. |
The Punjab Medical Registration Act, 1916 |
Punjab Act 2 of 1916 |
| 18. |
The Punjab Courts Act, 1918 |
Punjab Act 6 of 1918 |
| 19. |
The Punjab Juvenile Smoking Act, 1918 |
Punjab Act 7 of 1918 |
| 20. |
The Punjab Village and Small Towns Patrol Act, 1918 |
Punjab Act 8 of 1918 |
| 21. |
The Punjab Limitation (Custom) Act, 1920 |
Punjab Act 1 of 1920 |
| 22. |
The Punjab Custom (Power to Contest) Act, 1920 |
Punjab Act 2 of 1920 |
| 23. |
The Punjab Local Option Act, 1923 |
Punjab Act 5 of 1923 |
| 24. |
The Punjab Aerial Ropeways Act, 1926 |
Punjab Act V of 1926 |
| 25. |
The Punjab Borstal Act, 1926 |
Punjab Act XI of 1926 |
| 26. |
The Punjab District Boards (Tax Validating) Act, 1927 |
Punjab Act III of 1927 |
| 27. |
The Punjab Regulation of Accounts Act, 1930 |
Punjab Act I of 1930 |
| 28. |
The Punjab Registration Validating Act, 1930 |
Punjab Act II of 1930 |
| 29. |
The Punjab Nurses Registration Act, 1932 |
Punjab Act I of 1932 |
| 30. |
The Punjab Small Towns (Tax Validating) Act, 1934 |
Punjab Act III of 1934 |
| 31. |
The Punjab Municipal (Tax Validating) Act, 1934 |
Punjab Act IV of 1934 |
| 32. |
The Punjab Relief of Indebtedness Act, 1934 |
Punjab Act VII of 1934 |
| 33. |
The Punjab State Aid to Industries Act, 1935 |
Punjab Act V of 1935 |
| 34. |
The Punjab Debtors’ Protection Act, 1936 |
Punjab Act 2 of 1936 |
| 35. |
The Punjab Copying Fees Act, 1936 |
Punjab Act 5 of 1936 |
| 36. |
The Punjab Registration of Money Lenders Act, 1938 |
Punjab Act 3 of 1938 |
| 37. |
The Punjab Restitution of Mortgaged Lands Act, 1938 |
Punjab Act 4 of 1938 |
27
HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA) 103
| Sr. No. |
Name of the Act |
Act number and Year |
| 1 |
2 |
3 |
| 38. |
The Punjab Debtors’ Protection (Amendment) Act, 1938 |
Punjab Act IX of 1938 |
| 39. |
The Punjab Legislative Assembly (Offices) Act, 1939 |
Punjab Act 7 of 1939 |
| 40. |
The Punjab Jagirs Act, 1941 |
Punjab Act V of 1941 |
| 41. |
The Punjab Suppression of Indecent Advertisements Act, 1941 |
Punjab Act 7 of 1941 |
| 42. |
The Punjab Urban Immovable Property Tax (Validation of Lists) Act, 1943 |
Punjab Act V of 1943 |
| 43. |
The East Punjab Local Authorities (Restriction of Functions) Act, 1947 |
East Punjab Act 9 of 1947 |
| 44. |
The East Punjab Armed Band (Arrest and Detention) Act, 1947 |
East Punjab Act 11 of 1947 |
| 45. |
The East Punjab Extension of Limitation Act, 1947 |
East Punjab Act XVI of 1947 |
| 46. |
The East Punjab Refugees Rehabilitation (Loans and Grant) Act, 1948 |
East Punjab Act 2 of 1948 |
| 47. |
The East Punjab Refugees (Registration of Claims) Act, 1948 |
East Punjab Act 8 of 1948 |
| 48. |
The East Punjab Molasses (Control) Act, 1948 |
East Punjab Act XI of 1948 |
| 49. |
The East Punjab Refugees (Registration of Land Claims) Act, 1948 |
East Punjab Act XII of 1948 |
| 50. |
The East Punjab (Exchange of Prisoners) Act, 1948 |
East Punjab Act 13 of 1948 |
| 51. |
The East Punjab (Removal of Religious and Social Disabilities) Act, 1948 |
East Punjab Act 16 of 1948 |
| 52. |
The East Punjab Factories (Control of Dismantling) Act, 1948 |
East Punjab Act 20 of 1948 |
| 53. |
The East Punjab War Awards Act, 1948 |
East Punjab Act 22 of 1948 |
| 54. |
The East Punjab Cotton (Statistics) Act, 1948 |
East Punjab Act 23 of 1948 |
| 55. |
The East Punjab Enumeration of Dwellings Act, 1948 |
East Punjab Act 24 of 1948 |
| 56. |
The East Punjab Special Tribunal (Continuance) Act, 1948 |
East Punjab Act 29 of 1948 |
| 57. |
The East Punjab Refugees Rehabilitation (Buildings and Building Sites) Act, 1948 |
East Punjab Act 42 of 1948 |
| 58. |
The East Punjab Refugees Rehabilitation (House Building Loans) Act, 1948 |
East Punjab Act 43 of 1948 |
| 59. |
The Punjab Livestock and Birds Diseases Act, 1948 |
Punjab Act 47 of 1948 |
| 60. |
The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 |
East Punjab Act 50 of 1948 |
| 61. |
The East Punjab Control of Bricks Supplies Act, 1949 |
East Punjab Act I of 1949 |
| 62. |
The East Punjab Conservation of Fire Wood Supplies Act, 1949 |
East Punjab Act II of 1949 |
| 63. |
The East Punjab Agricultural Pests Diseases and Noxious Weeds Act, 1949 |
East Punjab Act 4 of 1949 |
| 64. |
The East Punjab Damaged Areas Act, 1949 |
East Punjab Act 10 of 1949 |
| 65. |
The East Punjab Conservation of Manures Act, 1949 |
East Punjab Act 15 of 1949 |
| 66. |
The East Punjab Improved Seeds and Seedlings Act, 1949 |
East Punjab Act 19 of 1949 |
| 67. |
The East Punjab Drugs (Control) Act, 1949 |
East Punjab Act 30 of 1949 |
| 68. |
The East Punjab Displaced Persons (Land Resettlement) Act, 1949 |
East Punjab Act 36 of 1949 |
| 69. |
The East Punjab Utilization of Lands Act, 1949 |
East Punjab Act 38 of 1949 |
| 70. |
The Punjab Merged States (Laws) Act, 1950 |
Punjab Act 5 of 1950 |
28
104 HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA)
| Sr. No. |
Name of the Act |
Act number and Year |
| 1 |
2 |
3 |
| 71. |
The Punjab Abolition of Villages Cess (Kuri Kamini) Act, 1950 |
Punjab Act 6 of 1950 |
| 72. |
The Punjab Special Tribunal (Change of Composition) Act, 1950 |
Punjab Act 10 of 1950 |
| 73. |
The Punjab Local Authorities Census Expenses Contribution Act, 1950 |
Punjab Act 19 of 1950 |
| 74. |
The Punjab Forward Contracts Tax Act, 1951 |
Punjab Act 7 of 1951 |
| 75. |
The Punjab Development of Damaged Areas Act, 1951 |
Punjab Act 10 of 1951 |
| 76. |
The Punjab Cinema (Regulation) Act, 1952 |
Punjab Act 11 of 1952 |
| 77. |
The Punjab New Capital (Periphery) Control Act, 1952 |
Punjab Act 1 of 1953 |
| 78. |
The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 |
Punjab Act 8 of 1953 |
| 79. |
The Punjab Abolition of Ala Malikiyat and Talukdari Rights Act, 1952 |
Punjab Act IX of 1953 |
| 80. |
The Punjab Security of Land Tenures Act, 1953 |
Punjab Act 10 of 1953 |
| 81. |
The Punjab Security of the State Act, 1953 |
Punjab Act 12 of 1953 |
| 82. |
The Punjab Silkworm Seed Control Act, 1953 |
Punjab Act 17 of 1953 |
| 83. |
The Punjab Sikh Gurudwaras Board (Transitional Provisions) Act, 1953 |
Punjab Act 25 of 1953 |
| 84. |
The Punjab Local Authorities Laws (Exercise of Powers) Act, 1953 |
Punjab Act 34 of 1953 |
| 85. |
The Punjab Sugarcane (Regulation of Purchase and Supply) Act, 1953 |
Punjab Act 40 of 1953 |
| 86. |
The Punjab Livestock Improvement Act, 1953 |
Punjab Act 47 of 1953 |
| 87. |
The Punjab Vaccination Act, 1953 |
Punjab Act 49 of 1953 |
| 88. |
The Punjab Entertainments Tax (Cinematograph Shows) Act, 1954 |
Punjab Act 8 of 1954 |
| 89. |
The Punjab State Tubewell Act, 1954 |
Punjab Act 21 of 1954 |
| 90. |
The Punjab Departmental Enquiries (Powers) Act, 1955 |
Punjab Act 8 of 1955 |
| 91. |
The Punjab Entertainments Duty Act, 1955 |
Punjab Act 16 of 1955 |
| 92. |
The Punjab District Boards (Tax Validating) Act, 1955 |
Punjab Act 27 of 1955 |
| 93. |
The Punjab Land Revenue (Special Assessments) Act, 1955 |
Punjab Act 6 of 1956 |
| 94. |
The Punjab Industrial Housing Act, 1956 |
Punjab Act 16 of 1956 |
| 95. |
The Punjab Municipal (Tax Validating) Act, 1956 |
Punjab Act 34 of 1956 |
| 96. |
The Punjab Instruments (Control of Noises) Act, 1956 |
Punjab Act 36 of 1956 |
| 97. |
The Punjab Special Powers (Press) Act, 1956 |
Punjab Act 38 of 1956 |
| 98. |
The Punjab Khadi and Village Industries Board Act, 1955 |
Punjab Act 40 of 1956 |
| 99. |
The Punjab Bhudan Yagna Act, 1955 |
Punjab Act 45 of 1956 |
| 100. |
The Punjab Laws (Extension No. 1) Act, 1957 |
Punjab Act 5 of 1957 |
| 101. |
The Punjab Consolidation of Land Proceedings (Validation) Act, 1957 |
Punjab Act 6 of 1957 |
| 102. |
The Punjab Laws (Extension No. 2) Act, 1957 |
Punjab Act 7 of 1957 |
| 103. |
The Industrial Disputes (Amendment and Miscellaneous Provisions) (Punjab Amendment) Act, 1957 |
Punjab Act 9 of 1957 |
| 104. |
The Punjab Backward Classes (Grant of Loans) Act, 1957 |
Punjab Act 17 of 1957 |
| 105. |
The Punjab Court of Wards (Validation of Exercise of Powers) Act, 1957 |
Punjab Act 18 of 1957 |
| 106. |
The Punjab Laws (Extension No.3) Act, 1957 |
Punjab Act 23 of 1957 |
| 107. |
The Punjab Laws (Application) Act, 1957 |
Punjab Act 33 of 1957 |
| 108. |
The Punjab Court Laws (Extension) Act, 1957 |
Punjab Act 38 of 1957 |
29
HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA) 105
| Sr. No. |
Name of the Act |
Act number and Year |
| 1 |
2 |
3 |
| 109. |
The Punjab Resumption of Jagirs Act, 1957 |
Punjab Act 39 of 1957 |
| 110. |
The Punjab State Legislature (Vacation of Seats) Act, 1957 |
Punjab Act 41 of 1957 |
| 111. |
The Punjab Warehouses Act, 1957 |
Punjab Act 2 of 1958 |
| 112. |
The Punjab Textiles and Sugar (Existing Stocks) Purchase Tax and Miscellaneous Provisions Act, 1958 |
Punjab Act 8 of 1958 |
| 113. |
The Punjab Electricity (Duty) Act, 1958 |
Punjab Act 10 of 1958 |
| 114. |
The Punjab Distressed Persons (Facilities for Loans) Act, 1958 |
Punjab Act 11 of 1958 |
| 115. |
The Punjab Shops and Commercial Establishments Act, 1958 |
Punjab Act 15 of 1958 |
| 116. |
The Punjab Laws (Extension No. 4) Act, 1958 |
Punjab Act 18 of 1958 |
| 117. |
The Punjab Weights and Measures (Enforcement) Act, 1958 |
Punjab Act 22 of 1958 |
| 118. |
The Punjab Laws (Extension No. 5) Act, 1958 |
Punjab Act 30 of 1958 |
| 119. |
The Punjab Laws (Extension No. 6) Act, 1959 |
Punjab Act 5 of 1959 |
| 120. |
The Punjab Reclamation of Land Act, 1959 |
Punjab Act 21 of 1959 |
| 121. |
The Punjab Local Authorities (Aided Schools) Act, 1959 |
Punjab Act 22 of 1959 |
| 122. |
The Punjab Cooperative Sugar Mills (Further Extension of Tenure of Boards) Act, 1959 |
Punjab Act 27 of 1959 |
| 123. |
The Punjab New Mandi Townships (Development and Regulation) Act, 1960 |
Punjab Act 2 of 1960 |
| 124. |
The Punjab Registration Validating Act, 1960 |
Punjab Act 8 of 1960 |
| 125. |
The Punjab Repealing Act, 1960 |
Punjab Act 16 of 1960 |
| 126. |
The Punjab Laws (Extension No. 7) Act, 1960 |
Punjab Act 23 of 1960 |
| 127. |
The Punjab Non-Trading Companies Act, 1960 |
Punjab Act 25 of 1960 |
| 128. |
The Punjab Land Revenue (Additional Surcharge) Act, 1960 |
Punjab Act 38 of 1960 |
| 129. |
The Punjab Primary Education Act, 1960 |
Punjab Act 39 of 1960 |
| 130. |
The Punjab Laws (Extension No. 8) Act, 1960 |
Punjab Act 41 of 1960 |
| 131. |
The Punjab Laws (Extension No. 9) Act, 1960 |
Punjab Act 43 of 1960 |
| 132. |
The Punjab Money Lending and Debtors Protection Laws (Extension and Amendment) Act, 1960 |
Punjab Act 44 of 1960 |
| 133. |
The Punjab Compulsory Service Act, 1961 |
Punjab Act 5 of 1961 |
| 134. |
The Punjab Laws (Extension No. 10) Act, 1961 |
Punjab Act 8 of 1961 |
| 135. |
The Punjab Fruit Nurseries Act, 1961 |
Punjab Act 13 of 1961 |
| 136. |
The Punjab Abolition of Village Cess (Malba) Act, 1961 |
Punjab Act 17 of 1961 |
| 137. |
The Punjab Village Common Lands (Regulation) Act, 1961 |
Punjab Act 18 of 1961 |
| 138. |
The Punjab Slum Areas (Improvement and Clearance) Act, 1961 |
Punjab Act 24 of 1961 |
| 139. |
The Punjab Repealing Act, 1961 |
Punjab Act 31 of 1961 |
| 140. |
The Punjab Land Revenue Special Assessment (Exemption) Act, 1962 |
Punjab Act 7 of 1962 |
| 141. |
The Punjab Laws (Extension No.11) Act, 1962 |
Punjab Act 18 of 1962 |
| 142. |
The Punjab Temporary Taxation Act, 1962 |
Punjab Act 19 of 1962 |
| 143. |
The Punjab Passengers and Goods Taxation (Amendment and Miscellaneous Provisions) Act, 1963 |
Punjab Act 9 of 1963 |
30
106 HARYANA GOVT. GAZ. (EXTRA.), APR. 5, 2021 (CHTR. 15, 1942 SAKA)
| Sr. No. |
Name of the Act |
Act number and Year |
| 1 |
2 |
3 |
| 144. |
The Punjab Land Improvement Schemes Act, 1963 |
Punjab Act 23 of 1963 |
| 145. |
The Punjab Gift Goods (Unlawful Possession) Act, 1963 |
Punjab Act 24 of 1963 |
| 146. |
The Punjab Thur and Sem Lands (Reclamation) Act, 1963 |
Punjab Act 25 of 1963 |
| 147. |
The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 |
Punjab Act 41 of 1963 |
| 148. |
The Punjab Ayurvedic and Unani Practitioners Act, 1963 |
Punjab Act 42 of 1963 |
| 149. |
The Punjab Dramatic Performances Act, 1964 |
Punjab Act 10 of 1964 |
| 150. |
The Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964 |
Punjab Act 20 of 1964 |
| 151. |
The Punjab Separation of Judicial and Executive Functions Act, 1964 |
Punjab Act 25 of 1964 |
| 152. |
The Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick leave) Act, 1965 |
Punjab Act 14 of 1965 |
| 153. |
The Punjab Homoeopathic Practitioners Act, 1965 |
Punjab Act 16 of 1965 |
| 154. |
The Punjab Labour Welfare Fund Act, 1965 |
Punjab Act 17 of 1965 |
BIMLESH TANWAR,
Administrative Secretary to Government, Haryana, Law and Legislative Department.
9140—L.R.—H.G.P., Pkl.
31
HARYANA GOVT. GAZ. (EXTRA.), AUG. 16, 2024 (SRVN. 25, 1946 SAKA) 15
PART-II
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 16th August, 2024
No. Leg. 18/2024.— The following Ordinance of the Governor of Haryana promulgated under clause (1) of article 213 of the Constitution of India, on the 14thAugust, 2024, is hereby published for general information:-
HARYANA ORDINANCE NO. 5 OF 2024
THE HARYANA VILLAGE COMMON LANDS (REGULATION) AMENDMENT
ORDINANCE, 2024
AN
ORDINANCE
further to amend the Haryana Village Common Lands (Regulation) Act, 1961. Promulgated by the Governor of Haryana in the Seventy-fifth Year of the Republic of India.
Whereas the Legislature of the State of Haryana is not in session and the Governor is satisfied that the circumstances exist which render it necessary for him to take immediate action; Now, therefore, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Haryana hereby promulgates the following Ordinance:-
1. This Ordinance may be called the Haryana Village Common Lands (Regulation) Short title. Amendment Ordinance, 2024.
2. After sub-clause (ii-a) of clause (g) of section 2 of the Haryana Village Common Lands Amendment of (Regulation) Act, 1961 (hereinafter called the principal Act), the following sub-clause shall be section 2 of Punjab Act 18 of
inserted, namely:- 1961.
"(ii-b) was shamilat deh and had been leased out, prior to the commencement of the Punjab Village Common Lands (Regulation) Rules, 1964 by the Collector under the Haryana Utilization of Lands Act, 1949 (East Punjab Act 38 of 1949) for a period of twenty years and the said land has been in continuous cultivating possession of the original lessee, transferee or his legal heir as per the revenue record on the date of commencement of this amendment Ordinance;".
3. In sub-section (2) of section 3 of the principal Act,- Amendment of section 3 of
(i) in clause (i), for the words, signs and brackets "under sub-clause (ii-a)", the words, Punjab Act 18 of signs and brackets "under sub-clauses (ii-a) and (ii-b)" shall be substituted; 1961.
(ii) in clause (ii),-
(a) for the sign "." existing at the end, the sign ";" shall be substituted; and
(b) the following clause shall be added, namely:-
"(iii) where any land has vested in Panchayat under this Act, but such land has been excluded from shamilat deh under sub-clause (ii-b) of clause (g) of section 2, all rights, title and interest of the Panchayat in such land, from the date of commencement of this amendment Ordinance shall cease and all such rights, title and interest in such land shall vest in the original lessee, transferee or his legal heir who is in cultivating possession as per the entries in the revenue records as
32
16 HARYANA GOVT. GAZ. (EXTRA.), AUG. 16, 2024 (SRVN. 25, 1946 SAKA)
Amendment of 4. After sub-section (1) of section 5A of the principal Act, the following sub-section shall be section 5 of inserted, namely:-
Punjab Act 18
of 1961. "(1A) Notwithstanding anything contained in sub-section (1), a Panchayat may, with the prior approval of the State Government, transfer its non-cultivable land in shamilat deh by sale to the inhabitant of the village who has constructed on or before the 31stMarch, 2004, a house or part thereof along with open space up to twenty-five percent of the constructed area, both put together not exceeding five hundred square yards and not causing any obstruction to traffic and other public utilities and also not a land reserved for pond or any other water body or revenue rasta entered as such in revenue record, at the rate not less than the market rate, to be determined in such manner, as may be prescribed.".
CHANDIGARH: BANDARU DATTATRAYA,
THE 14TH AUGUST, 2024 GOVERNOR OF HARYANA.
…………..
RITU GARG,
ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA,
LAW AND LEGISLATIVE DEPARTMENT.
11243—L.R.—H.G.P. Pkl.
33