State Act

The Haryana Village Common Lands (Regulation) Act,1961

2. In this Act, unless the context otherwise requires, – 2[(a) “Assistant Collector of the first grade” means an Assistant Collector of the first Grade and includes any other officer 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, 7[* * * *] 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; 1[(e) “panchayat” means a Gram Panchayat constituted under the Haryana Panchayati Raj Act, 1994 (11 of 1994) ;] (f) “prescribed” means prescribed by rules made under this Act; (g) “shamilat deh” includes---- (1) lands described in the revenue records as 2[Shamilat Deh or Charand] excluding abadi deh; (2) shamilat tikkas; (3) lands described in the revenue records as shamilat, tarafs, patties, 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; 3[(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 4[clause (liv) of section 2 of the Haryana Panchayati Raj Act, 1994], excluding lands reserved for the common purpose 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;] 5[(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 according to revenue records; 6[* * * * * * * *] but does not include land which---- 7[(i) ****] (ii) has been allotted on quasi-permanent basis to a displaced person; 1[(ii-a) was shamilat deh, 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;] 2[(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 Act;] (iii) has been partitioned and brought under cultivation by individual land holders before the 26th January, 1950; (iv) having been acquired before the 26th January, 1950, by a person by or in exchange for proprietary land from a co-sharper in the 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; 3[(vi) lies outside the abadi deh and was being used as gitwar, bara, manure pit, house or for cottage industry, immediately before the commencement of this Act;] 4[(vii) * * * * * * * *] (viii) was shamilat deh, was assessed to land revenue and has been in the individual cultivating possession of co-shares not being in excess of their respective shares in such shamilat deh on or before the 26th January, 1950; or (ix) is used as a place of worship or for purposes subservient thereto; 5[(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 Jumla Malkan Wa Digar Haqdaran Arazi Hassab Rasad’, ‘Jumla Malkan’ or ‘Mushtarka Malkan’ shall be shamilat deh within the meaning of this section.] (h) “shamilat law” means---- (i) in relation to land situated in 1[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 [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 2[Haryana.]