THE PUNJAB VILLAGE COMMON LANDS (REGULATION) ACT, 1961 (Amended upto 2017)

[ Act No. 18 of 1961]

[22nd April, 1961]

(As applicable to Haryana)

PREAMBLE

An Act to consolidate and amend the law regulating the rights in Shamilatdeh and abadideh.

Be it enacted by the Legislature of the State of Punjab in the twelfth year of the Republic of India as follows:

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Punjab Village Common Lands (Regulation) Act, 1961.

(2)     It extends to the whole of the State of [1][Haryana].

(3)    It shall come into force at once.

Section 2 - Definitions

In this Act, unless the context otherwise requires:--

[2][(a) “Assistant Collector of the first grade” means an Assistant Collector of the first grade empowered by the State Government to exercise the powers and perform the duties under this Act;]

[3][(aa) “Collector” means the Collector of the district and includes any other officer appointed by the State Government for performing the functions of the Collector under this Act;]

[4][(aaa) “Commissioner” means the Commissioner of the Division and includes any other officer appointed by the State Government for performing the functions of the 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 Patiala and East Punjab States Union Displaced Persons (Land Resettlement) Ordinance, 2006 BK;

[5][(b-i) “Financial Commissioner” means the Financial Commissioner to Government, Haryana, appointed by the State Government for the purpose of this Act;]

[6][(bb) “hilly area” means Naraingarh Block, Manimajra Block, Raipur Rani Block and Chhachharauli Block;]

(c) “ house” includes a courtyard whether walled or not;

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

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

[7][(e) “Panchayat” means a Gram Panchayat constituted under the Haryana Panchayati Raj Act, 1994 (11 of 1994);]

(f) “prescribed” means prescribed by the rules made under this Act;

(g) “shamilatdeh” includes--

(1)     lands described in the revenue records as [8][Shamilatdeh or Charand] excluding abadideh;

(2)     shamilattikkas;

(3)    lands described in the revenue records as shamilat, tarafs, pattis, pannas and tholas and used according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village;
 

[9][(4) lands used or reserved for the benefit of village community including streets, lanes, playgrounds, schools, drinking wells or ponds situated within the sabha area as defined in clause (mmm) of section 3 of the Punjab Gram Panchayat Act, 1952, excluding lands reserved for the common purposes of a village under section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (East Punjab Act 50 of 1948), the management and control whereof vests in the State Government under section 23-A of the aforesaid Act;]

[10][(4a) vacant land situate in abadideh or gorahdeh not owned by any person;]

(5) lands in any village described as banjarqadim and used for common purposes of the village according to revenue records;

[11][...] but does not include land which --

(i)    becomes or has become shamilatdeh due to river action or has been reserved as shamilat in villages subject to river action except shamilatdeh entered as pasture, pond or playground in the revenue records;

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

[12][(ii-a) was shamilatdeh, but has been, allotted to any person by the Rehabilitation Department of the State Government, after the commencement of this Act, but on or before the 9th day of July, 1985;]

(iii)   has been partitioned and brought under cultivation by individual landholders before the 26th January, 1950;

(iv)   having been acquired before the 26th January, 1950, by a person by purchase or in exchange for proprietary land from a co-sharer in the shamilatdeh and is so recording 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 not used according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village;
 

[13][(vi) lies outside the abadideh and was being used as gitwar, bara, manure pit, house or for cottage industry, immediately before the commencement of this Act;]

(vii) [14][...]

(viii)  was shamilatdeh, was assessed to land revenue and has been in the individual cultivating possession of co-sharers not being in excess of their respective shares in such shamilatdeh on or before the 26th January, 1950; or

(ix)    is used as a place of worship or for purposes subservient thereto;

[15][(6) lands reserved for the common purposes of a village under section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (East Punjab Act 50 of 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 of rights as “JumlaMalkanWaDigarHaqdaranAraziHassabRasad”, “JumlaMalkan” or “MushtarkaMalkan” shall be shamilatdeh within the meaning of this section;]

(h)   “shamilat law” means:--

(i)    in relation to land situated in [16][part of the territory] which immediately before the 1st November, 1956, was comprised in the State of Punjab, the Punjab Village Common Lands (Regulation) Act, 1953; or

(ii)   in relation to land situated in [17][part of the territory] which immediately before the 1st November, 1956, was comprised in the State of Patiala and East Punjab States Union, the Pepsu Village Common Lands (Regulation) Act, 1954;
 

(i)     “State Government” means the Government of the State of [18][Haryana].

Section 3 - Lands to which this Act applies

(1)   This Act shall apply and before the commencement of this Act the Shamilat Law shall be deemed always to have applied to all lands which are shamilatdeh as defined in clause(g) of section 2.
 

[19][(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 excluded under sub-clause (ii-a) of clause (g) of section 2, has been excluded from shamilatdeh as defined in clause (g) of section 2, all rights, title and interest of the panchayat in such land, as from the commencement of this Act, cease and such rights, title and interest shall be revested in the person or persons in whom they vested immediately before the commencement of the shamilat law; and the panchayat shall deliver possession of such land to such person or persons:
 

Provided that where a panchayat is unable to 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 contained in Section 10, pay to the person or persons entitled to such land, compensation to be determined in accordance with such principles and in such manner as may be prescribed;

(ii)    where any land has vested in a panchayat under this Act, but such land has been excluded from shamilatdeh under sub-clause (ii-a) of clause (g) of section 2, all rights, title and interest of the panchayat in such land, from the date of allotment of such land by the Rehabilitation Department of the State Government, shall cease and all such rights, title and interest shall vest in the person or persons to whom the land so excluded has been allotted by the Rehabilitation Department of the State Government on or before the 9th day of July, 1985 subject to the condition that-

(a)    any sum of money realised by the Rehabilitation Department of the State Government as a result of allotment of such land; or

(b)    where no money was realisable by the Rehabilitation Department of the State Government as a result of allotment of such land, the amount of compensation in respect of such land as determined under sub-section (3) by the Collector of the district in which such a land is situated, shall be paid by the Rehabilitation Department of the State Government to the Development and Panchayats Department for onward disbursement to the panchayat to which such shamilatdeh belonged.
 

(3)   As soon as may be, on the commencement of the Punjab Village Common Lands (Regulation) Amendment Act, 1996 the Development and Panchayats Department shall make a reference to the Collector of the District to determine the amount of compensation under sub-clause (b) of clause (ii) of sub-section (2) and the Collector of the District shall, keeping in view the market value of the shamilatdeh at the time it was allotted, determine the amount of compensation.]

Section 4 - Vesting of rights in Panchayat and non-proprietors

(1)   Notwithstanding anything to the contrary contained in any other law for the time being in force or in any agreement, instrument, custom or usage or any decree or order of any court or other authority, all rights, title and interests whatever in the land:-

(a)    which is included in the shamilatdeh of any village and which has not vested in a Panchayat under the shamilat law shall, at the commencement of this Act, vest in Panchayat constituted for such village, and where no such Panchayat has been constituted for such village, vest in the Panchayat on such date as a Panchayat having jurisdiction over that village is constituted;

(b)    which is situated within or outside the abadideh of a village and which is under the house owned by a non-proprietor, shall, on the commencement of 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) of sub-section (1) and in subsection (2) shall affect or shall be deemed ever to have affected the:-

(i)    existing rights, title or interests 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, Muqarrirdars;
 

[20][(ii) rights of persons who were in cultivating possession of shamilatdeh on the date of the commencement of the Punjab Village Common Lands (Regulation) Act, 1953 or the Pepsu Village 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;]

(iii)   rights of a mortgagee to whom such land is mortgaged with possession before the 26th January,.1950.

Section 5 - Regulation of use and occupation, etc., of lands vested or deemed to have been vested in Panchayats

(1)   All lands vested or deemed to have been vested in a Panchayat under this Act, shall be utilised or, disposed of by the Panchayat for the benefit of the inhabitants of the village concerned in the manner prescribed:
 

Provided that where two or more villages have a common Panchayat, Shamilatdeh of each village shall be utilised and disposed of, by the Panchayat for the benefit of the inhabitants of that village:

Provided further that where there are two or more shamilat tikkas in a village, the Shamilat tikka shall be utilised and disposed of, by the Panchayat for the benefit of the inhabitants of that tikka:

Provided further that where the area of land in shamilatdeh of any village so vested or deemed to have been vested in Panchayat is in excess of twenty-five per cent of the total area of that village (excluding abadideh) then twenty-five per cent of such total area shall be left to the Panchayat and out of the remaining area of shamilatdeh an area up to the extent of twenty five per cent of such total area shall be utilised for the settlement of landless tenants and other tenants ejected or to be ejected of that village and the remaining area of shamilatdeh, if any, shall be utilised for distribution to small land owners of that village subject to the provisions relating to [21][permissible area under the Haryana Ceiling on Land Holdings Act, 1972, by the Assistant Collector of the first grade] in consultation with the Panchayat [22][ in such manner and on payment of such amount as may be prescribed.]

(2)   The area of shamilatdeh to be utilized for the purposes of the third proviso to sub-section (1) shall be demarcated by such officer in consultation with the Panchayat and in such manner as may be prescribed.

(3)   The State Government or any officer authorised by it in this behalf may, from time to time, with a view to ensuring compliance with the provision of the second proviso to sub-section (1) or sub-section (2), issue to any Panchayat such directions as may be deemed necessary.
 

[23][(4) Nothing contained in the third proviso to sub-section (1) and in sub-section (2) and sub-section (3) shall apply to the “hilly area”.]

[24][(5) Notwithstanding anything contained in this section, if in the opinion of the State Government, it is necessary to take over, to secure proper management for better utilization for the benefit of the inhabitants of the village concerned any shamilatdeh, the Government may by notification take over the management of such shamilatdeh for a period not exceeding twenty years:

[25]{...}

(6)   The income from the shamilatdeh, the management of which is taken over under sub-section (5), after meeting all charges relating or incidental to the management and utilization, shall be credited to the Gram Fund and utilised for the benefit of the inhabitants of the village concerned.]

Section 5A - Disposal of lands vested or deemed to have been vested in Panchayat

[26][(1) A Panchayat may, on such terms and conditions as may be prescribed, gift, sale, exchange or lease the land in shamilatdeh vested in it under this Act to the members of Scheduled Castes and Backward Classes of the village in which such land is situated and to the persons of any other category.
 

(2)   The gift, sale, exchange or lease of land in shamilatdeh already made shall be deemed to have been made under sub-section (1).
 

[27][(3) The land in shamilatdeh gifted to a department, Board or any agency of the State Government by the panchayat by passing a resolution and without prior approval of the State Government before the 4th April, 2007 shall be regularized by the panchayat by forwarding the said resolution to the State Government for obtaining approval. The State Government may grant approval to such resolution.]

Section 5B - Certain transfers not to affect Panchayat’s rights

(1)   Any transfer of land, gifted, sold, exchanged or leased before or after the commencement of this Act, made in contravention of the prescribed terms and conditions, shall be void and the gifted, sold, exchanged or leased land so transferred shall revert to, and revest in, the Panchayat free from all encumbrances.

(2)   The Government or any officer authorized by it may, either suo motu or on application made to him by a Panchayat or an inhabitant of the village or the Block Development and Panchayat Officer, examine the record for the purpose of satisfying himself as to the legality or propriety of any sale, lease, gift, exchange, contract or agreement executed before or after commencement of this Act, if such sale, lease, gift, exchange, contract or agreement is found detrimental to the interest of the villagers and is no longer required in the interest of the Panchayat, the Government may, after making such enquiry as it may deem fit, cancel the same and no separate proceedings under any law shall be required to cancel the sale, lease, gift or exchange. The Panchayat shall be competent to take over the possession of such premises including the constructions thereon, if any, for which no compensation shall be payable.]

Section 6 - Appeal

(1)   If any person is aggrieved by an act or decision of a Panchayat under section 5, he may, within thirty days from the date of such act or decision, appeal to [28][the Assistant Collector of the first grade] who may confirm, reverse or modify the act or decision or make such other order as he thinks to be just and proper.

(2)   The appellate order of [29][the Assistant Collector of the first grade] shall be final.

Section 7 - Power to put Panchayat in possession of certain lands

[30][(1) An Assistant Collector of the first grade having jurisdiction in the village may, either suo moto or on an application made to him by a Panchayat or an inhabitant of the village or the Block Development and Panchayat Officer or Social Education and Panchayat Officer, or any other Officer authorised by the Block Development and Panchayat Officer, after making such summary enquiry as he may deem fit and in accordance with such procedure as may be prescribed, eject any person who is in wrongful or unauthorised possession of the land or other immovable property in the shamilatdeh of that village which vests or is deemed to have been vested in the panchayat under this Act and put the panchayat in possession thereof and for so doing the Assistant Collector of the first grade may exercise the powers of a revenue court in relation to the execution of a decree for possession of land under the Punjab Tenancy Act, 1887:

Provided that if in any such proceedings the question of title is raised and proved prima facie on the basis of documents that the question of title 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 the manner laid down hereinafter.

(2)   The Assistant Collector of the first grade shall by an order, in writing, require any person to pay a penalty, in respect of the land or other immovable property which was or has been in his wrongful or unauthorised possession, at a rate not less than five thousand rupees and not more than ten thousand rupees per hectare per annum, having regard to the 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 (1), within ten days of the date 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 or unauthorised possession of the land or other immovable property in shamilatdeh and is ordered to be ejected under sub-section (1), shall be punishable with imprisonment for a term which may extend to two years.

Section 7A - Cognizance of offence

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974), no court other than that of the Judicial Magistrate of the first class shall take cognizance of, or try, any offence punishable under this Act.

Section 7B - Procedure for prosecution

No court shall take cognizance of any offence under this Act except on the complaint of, or upon information received by the Block Development and Panchayat Officer or District Development and Panchayat Officer or any other officer 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 section 7.

Section 8 - Saving of existing possession

(1)   Where, on any land in the shamilatdeh immediately before it vests or is deemed to have been vested in a Panchayat under this Act, a person is in cultivating possession and his uncut and ungathered crops are standing thereon, he shall not be ejected from such land, unless his crops have ripened and he has been allowed reasonable time to harvest them.

(2)    Any person aggrieved by any determination made by a Panchayat under sub-section (1) may, within thirty days thereof, appeal to [31][the Assistant Collector of the first grade] whose decision thereon shall be final.

Section 9 - Utilisation of Income

Any income accruing from the use and occupation of the lands vested or deemed to have been vested in a Panchayat shall be credited to the Panchayat fund and shall be utilised in the manner prescribed.

Section 10 - Bar 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 or of the Shamilat Law.

Section 10A - Power of {Assistant Collector of first grade} to cancel or vary {sale, lease, gift or exchange} etc., of lands vested in Panchayats

[32][(1) Notwithstanding anything contained in this Act, or the Shamilat Law or in any other law for the time being in force, [33]{the Assistant Collector of first grade may call for from any Panchayat in the area of his jurisdiction} the record of any[34][[35]{sale, lease}, [36]{gift, exchange,}] contract or agreement entered into by the Panchayat in respect of any land vested or deemed to be vested in it, whether such [37]{sale, lease}, [38]{gift, exchange,} contract or agreement is entered into before or after the commencement of the Punjab Village Common Lands (Regulation) Amendment Act, 1964, and examine such record for the purpose of satisfying himself as to the legality or propriety of such [39]{sale, lease}, [40]{gift, exchange,} contract or agreement.

(2)   Where, on examination of the record under sub-section (1) and after making such inquiry, if any, as he may deem fit, [41]{the Assistant Collector of the first grade} is satisfied that such [42]{sale, lease}, [43]{gift, exchange,} contract or agreement:

(i)    has been entered into in contravention of any of the provisions of this Act or the rules made thereunder; or

(ii)   has been entered into as result of fraud or concealment of facts; or

(iii)   is detrimental to the interests of the Panchayat as prescribed,[44]{the Assistant Collector of the first grade} may, notwithstanding anything as aforesaid, cancel the [45]{sale, lease},[46]{gift, exchange,} contract or agreement or vary the terms thereof unconditionally or subject to such conditions as he may think fit:
 

Provided that no order under this sub-section shall be passed by [47]{the Assistant Collector of the first grade} without affording reasonable opportunity of being heard to the parties to the [48]{sale, lease}, [49]{gift, exchange,} contract or agreement.

(3)   Where the terms of any [50]{sale, lease}, [51]{gift, exchange,} contract or agreement have been varied by [52]{the Assistant Collector of the first grade} under sub-section (2), the variation shall, notwithstanding anything contained in this Act or shamilat law or in any law for the time being in force, be binding on the parties to the [53]{sale, lease}, [54]{gift, exchange,} contract or agreement, as the case may be.
 

(4)  Where the [55]{vendee, lessee} [56]{, donee} or the person with whom a contract or agreement has been entered into by a Panchayat refuses to accept the variation made by [57]{the Assistant Collector of the first grade} under this section in the terms of [58]{--} [59]{sale, lease}, [60]{gift, exchange,} contract or agreement, as the case may be, such [61]{sale, lease}, [62]{gift, exchange,} contract or agreement, as the case may be, shall be deemed to be cancelled by [63]{the Assistant Collector of the first grade} under this section with effect from the date of such refusal.

(5)   Where, under this section, any [64]{sale, lease}, [65]{gift, exchange,} contract or agreement is cancelled or deemed to be cancelled or its terms are varied, the [66]{vendee, lessee} [67]{, donee} or the person with whom the contract or agreement has been entered into, who suffers by such cancellation or variation, is entitled to receive compensation to be assessed by [68]{the Assistant Collector of the first grade} for any loss or damage caused to the [69]{vendee, lessee} [70]{, donee} or such person which naturally arose in the usual course of things from such cancellation or variation:

Provided that no such compensation shall be given for any remote and indirect loss or damage sustained by reason of such cancellation or variation.

(6)   Notwithstanding anything contained in any law for the time being in force, the amount of compensation awarded by [71]{the Assistant Collector of the first grade} under this section shall be payable by the panchayat in the prescribed manner and shall be a valid charge on the Sabha funds.

(7)   Any party to a [72]{sale, lease}, [73]{gift, exchange,} contract or agreement aggrieved by any order of [74]{the Assistant Collector of the first grade} made under this section may, within a period of thirty days from the date of such order, appeal to [75]{the Collector} whose decision thereon shall be final.]

Section 11 - Sales of land in Shamilatdeh not be pre-emptible

Notwithstanding anything contained in the Punjab Pre-emption Act, 1913, no sale of land in shamilatdeh made by a Panchayat shall be pre-empitible and no decree of pre-emption in respect of any such sale shall be executed after the commencement of this Act.

Section 12 - Rent of Shamilat lands to be recoverable as arrears of land revenue

Any arrears of rent payable to a Panchayat in respect of any land in shamilatdeh vested or deemed to have been vested in it under this Act or the shamilatlaw [76][or any amount assessed under subsection (2) of section 7] shall be recoverable as arrears of land revenue.

Section 13 - Bar of Jurisdiction

[77][No civil court shall have jurisdiction--

(a)      to entertain or adjudicate upon any question whether—

(i)     any land or other immovable property is or is not shamlatdeh;

(ii)    any land or other immovable property or any right, title or interest in such land or other immovable property vests or does not vest in a Panchayat under this Act;

(b)    in respect of any matter which any revenue court, officer or authority is empowered by or under this Act to determine; or

(c)    to question the legality of any action taken or matter decided by any revenue Court, officer or authority empowered to do so under this Act.]

Section 13A - Adjudication

[78][[79]{(1) Any person or in the case of a Panchayat, either the Panchayat or its Gram Sachiv, the concerned Block Development and 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 to have been vested in the Panchayat under this Act, may file a suit for adjudication, whether such land or other immovable property is shamilatdeh 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 Civil Procedure, 1908 (5 of 1908).

Section 13AA - Appeal and revision

(1)   Any person, aggrieved by an order passed under sub-section (1) of section 13A, may within a period of thirty days from the 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 (1), call for the record of any proceedings pending before, or order passed by the Commissioner for the purpose of satisfying 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 shall be passed unless he has been afforded an opportunity of being heard.}

Section 13B - Appeal and revision

[80]{(1) Any person aggrieved by an order of the Assistant Collector of the first grade may, within a period of thirty days from the date of order passed under sub-section (1) or sub-section (2) of Section 7 prefer an appeal to the Collector in such form and manner, as may be prescribed, and the Collector may after hearing the appeal, confirm, vary or reverse the order as he deems fit:

Provided that no such appeal shall lie unless the amount of penalty, if any, imposed under sub-section (2) of Section 7, is deposited with the Collector.}

(2)   The Commissioner may, suo motu [81]{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 any proceedings pending before, or orders passed by, any authority subordinate to him for the purpose of satisfying 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 shall be passed unless he has been afforded an opportunity of being heard.

Section 13C - Finality of orders

Save as otherwise expressly provided in this Act, every order made by the Assistant Collector of the first grade, the Collector or the Commissioner shall be final and shall not be called in question in any manner in any court.

Section 13D - Provisions of this Act is to be over-riding

The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any law, agreement, instrument, custom, usage, decree or order of any court or other authority.

Section 13E - Public Servant

[82][Every officer or employee acting under the provisions of this Act or the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.]

Section 14 - Indemnity

No suit, prosecution or other legal proceedings shall lie against the State 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.

Section 14A - Saving

[83][Nothing contained in this Act or the shamilat law, shall-

(a)   affect or shall be deemed ever to have affected any right of the State Government in the land vested or deemed to be vested in a Panchayat under this Act; or

(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.]

Section 15 - Power to make rules

(1)   The State Government may, by notification in the official Gazette, make 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 and 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;
 

[84][(b) the maximum and minimum area to be sold, gifted, exchanged 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 compiled in any office or submitted to any authority;

(d)   determining the principles on which and the manner in which compensation may be paid under sub-section (2) of section 3;

(e)    the terms and conditions on which the use and occupation of any such land is permitted;

(f)     the manner and the circumstances in which any such land may be disposed of, transferred or sold;

[85][(ff) the terms and conditions on which the land in shamilatdeh may be gifted, sold, exchanged or leased;]

(g)    the purpose for which any such land may given free of charge;

(h)    the regulation of procedure where a Panchayat [86][sues or is sued] in its representative capacity;

(i)     the manner and the order of priority in which the excess area shall be utilised by [87][the Assistant Collector of the first grade] under sub-section (1) of section 5;

(j)     the officer by whom and the manner in which the area of shamilatdeh referred to in sub-section (2) of section 5 shall be demarcated; and

[88][(k) the form and manner of filing an appeal under sections 13AA and 13B;]

(I)    any other matter which can be or may be prescribed.]

Section 16 - Repeal and Saving

The Punjab Village Common Lands (Regulation) Act, 1953 and the Pepsu Village Common Lands (Regulation) Act, 1954 are hereby repealed:

Provided that anything done or any action taken under any law so repealed shall be deemed to have done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.

Section 17 - Validation

[89][Notwithstanding any judgment, decree or order of any civil court, all actions taken, rules made and orders or decrees 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 judgments, orders or decrees were passed by the Revenue Court, officer or authority.]