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 interest whatever in the
land:(a)
Which is included in the Shamilat deh of any village and which has not
vested in a Panchayat under the Shamilat law shall at the commencement
of this Act vest in a Panchayat constituted for such village, and where no
such Panchayat has been 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 abadi deh 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)
(3)
5.
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.
Nothing contained in clause (a) of sub-section (1) and in sub section (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,
Basikhopohus, Saunjidars, Muqarrirdars;
(ii)
rights of persons in cultivating possession of Shamilat deh, for more than
twelve years 1[immediately preceding the commencement of this Act]
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.
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 concern in the manner prescribed.
Provided that where two or more villages have a common Panchayat, Shamilat
deh 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 thattikka.
1
[ Provided further that where the cultivable area of land in Shamilat deh of any
village, so vested or deemed to have been vested in panchayat is in excess of twothirds of the total of that village (excluding abadi deh). then cultivable area upto
the extent of two-thirds of such total area shall be left to the Panchayat and onehalf of the remaining cultivable area of Shamilat deh, shall be utilised for the
settlement of landless tenants any other tenants ejected or to be ejected of that
village and the remaining cultivable area shall be utilised for distribution to small
land owners of the village by the collector in consultation with the Panchayat, in
such manner as may be prescribed].
(2)
The area of Shamilat deh to be utilized for the purposes of the third proviso to
sub-section (1) shall be demarcated by such officer in consultations 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.
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".
Notwithstanding anything contained in the prereceding sub-sections, on land
vested or deemed to have been vested in the panchayat under this Act, shall be
disposed of by way of sale, gift or exchange, so as to have with the Panchayat,
cultivable area which is less than fifty percent of the total cultivable
area vested or deemed to have been vested in the Panchayat ].
(4)
(5)
6.
Appeal
(1)
If any person is aggrieved by an act or decision of Panchayat under section 5,he
may, within thirty days from the date of such act or decision, appeal to the
Collector who may confirm, reverse of modify the act decision or make such
other order as he thinks to be just and proper.
(2)
The appellate order of the Collector shall be final.
Power to put panchayat in possession of Shamilat deh(1)
The collector shall, on an application made to him by a panchayat, or (a) 2[by an
officer, duly authorised in this behalf by the state government by a general or
special order], after making such enquiry, as he may think fit and in accordance
with such procedure as may be prescribed put the panchayat in possession of the
[7.
land or other immovable property in the Shamilat deh of that village which vests
or is deemed to have been vested in it under this Act and for so doing the
collector may exercise the powers of a revenue court in relation to execution of a
decree for possession of land under the Punjab Tenancy Act,1887.
(2) An appeal against the order of the collector under sub-section(1) shall lie to the
Commissioner and the period of limitation for such an appeal shall be sixty days from
the date of the order appealed against.
Punjab tenancy act:5. Tenants having right of occupancy - (1) A tenant(a) who at the commencement of this Act has for more than two generations in the
male line of descent through a grandfather or grand-uncle and for a period of
not less than twenty years, been occupying land paying no rent therefore
beyond the amount of the land-revenue thereof and the rates and cesses for the
time being chargeable thereon; or
(b) who having owned land, and having ceased to be landowner thereof otherwise
than by forfeiture to the Government or than by any voluntary act, has since
ceased to be land-owner continuously occupied the land; or
(c) who in a village or estate in which he settled along with or was settled by the
founder thereof as a cultivator therein, occupied land on the twenty-first day
of October, 1868, and has continuously occupied the land since that date; or
(d) who being jagirdar of the estate or any part of the estate in which the land
occupied by him is situate, has continuously occupied the land for not less than
twenty years, or, having been such jagirdar, occupied the land while he was
jagirdar and has continuously occupied it for not less than twenty years, has a right
of occupancy in the land so occupied unless, in the case of a tenant belonging to
the class specified in the clause (c), the landlord proves that the tenant was settled
on land previously cleared and brought under cultivation by, or at the expense of,
the founder.
(2)
If a tenant proves that he has continuously occupied land for thirty years and
paid no rent therefore beyond the amount of the land-revenue thereof and the rates and
cesses for the time being chargeable thereon, it may be presumed that he had fulfilled
the conditions of clause (a) of sub-section (1).
(3)
The words in that clause denoting natural relationship denote also relationship
by adoption, including therein the customary appointment of an heir and relationship,
by the usage of a religious community.
