(1) A Panchayat may, with the previous approval of the State Government, sell land in shamilat deh vested in it under the Act for 7 Substituted, - vide Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
1 Omitted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
2 Omitted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
3 Substituted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
4 - vide Haryana Government notification No.G.S.R.224/P.A.18/61/ S.15Amd. (2)/76, dated 21st October, 1976.
5 Substituted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
Use of Shamilat deh by residents.
Sections 5 and 15(2)
(g).
Land to be used free of charge.
Sections 5 and 15(2) (g).
Purposes for which land may be hypothecated.
Sections 5 and 15(2) (k).
Purposes for which land may be sold.
Sections 5 and 15(2) (f).
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(i) 1[the purposes mentioned in sub-rule (2) of rule 3 to a Government department or its undertaking/agency at the rate not less than the collector rates notified by the State Government from time to time:]
2[Provided that in case land underneath the house constructed and occupied by the person is or has been protected under the Ancient Monuments and Archeological Sites and Remains Act, 1958 (Central Act 24 of 1958) or the Haryana Ancient and Historical Monuments and Archeological Sites and Remain Act, 1964 (Punjab Act 20 of 1964), Gram Panchayat may with the prior approval of the State Government, sell its land to a Government Department or Government agency for rehabilitation of such person evicted or to be evicted from such protected site, whether he is an inhabitant of t ]
(ii) the purpose of setting up infrastructure facilities, educational institutions, Special Economic Zone Projects and Industrial Development, units of public utility nature as may be approved by the State Government to be for the benefit of inhabitants of the village at the rate not less than the market rate ;
(iii) the purpose of residence to the inhabitants of the village not less than the floor rates notified by the State Government from time to time for a size of a plot to an individual not exceeding 250 square yards:
Provided that the vendee shall not sell or dispose of the land in any other manner whatsoever, before the expiry of a period of twenty years from the date of the sale:
Provided further that land shall revert back to the Gram Panchayat if it is used for the purpose other than it was sold:
Provided further that the State Government may impose such other terms and conditions as it may deem fit for such sale3[:]
4[Provided further that not more than twenty-five percent of the total land in shamilat deh shall be allowed to be sold.]
(2) Where it is proposed to sell the land in shamilat deh under sub-rule (1), the Panchayat shall forward to State Government a copy of its resolution passed by a majority of the three-fourth of its members proposing to sell the land through the Deputy Commissioner stating
(a) the area and location of the land proposed for sale;
(b) the estimated income from the sale;
(c) the reasons as to why the Panchayat wants to sell the land and the plans for utilization of the income from the sale.
(3) The publicity for sale of land in shamilat deh by auction shall be made by the Deputy Commissioner in accordance with the procedure laid down in sub-rule (10) of rule 6 1 Substituted, - vide Haryana Government notification No. S.O.98/P.A.18/1961/S.15/2009, dated the 18th December, 2009. And substituted vide Haryana Government notification No. S.O. 50/P.A. 18/1961/S. 15/2021, dated 22nd September, 2021.
2 Inserted, - vide Haryana Government notification No. S.O.37/P.A.18/1961/S.15/2020, dated the 20th July, 2020.
3 Substituted, - Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
4 Added, - Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
13 on receipt of the approval of the State Government who shall also decide whether the land shall be sold in one or more lots and the officer who shall be present at the time of auction:
Provided that nothing contained in this sub-rule shall apply to the sale of shamilat land for the purposes specified in clause (i) and (ii) of sub-rule (1).
1[(4) Omitted].
2[13. A Panchayat may, with the previous approval of the State Government, gift the land in shamilat deh vested in it under the Act for-
(i) the purpose of constructions of houses, laying out common places and providing other amenities under the Model Village Scheme approved by the State Government for the benefit of the inhabitants of the village; and
(ii) residential purpose upto the extent of 200 square yards, to the members of defence forces and paramilitary forces seriously injured and rendered handicapped or to the dependent families of such members killed, in any war or counter insurgency operation during their service, not having sufficient residential accommodation or to the members of the Scheduled Castes or Backward Classes or economically weaker sections, on the ground of poverty:
3[ [Provided that gift of land under this rule shall not be made to a person, if he/she or any of his/her family member has ever been gifted the land or inherited land gifted by the Gram Panchayat or the State Government.
Explanation.- consisting of the individual concerned, his spouse, their un-married sons and daughters and dependent parents:]
Provided 4[further] that State Government shall not accord any approval in cases which are not received through the Deputy Commissioner concerned:
Provided further that the concerned Deputy Commissioner or Sub-Divisional Officer (Civil), as may be authorized by the State Government, shall be competent to accord approval for allotment of 100 square yards residential plot out of land in shamilat deh, by way of gift, to the eligible family identified under the scheme, approved by the State Government for purpose of providing house-sites to the Schedule , 5[Backward Classes ] families and the families living below poverty line].
6[13-A. (1) The terms and conditions on which the land under section 5A 7[and rule 13] may be gifted shall be as under:- 1 Omitted, - Haryana Government notification No.S.O.4/P.A.18/1961/S.15/2025, dated the 17th January, 2025.
2 Substituted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
3 Inserted , - vide Haryana Government notification No. S.O 76/P.A.18/1961/S.15/2012, dated the 5th December, 2012.
4 Inserted , - vide Haryana Government notification No. S.O 76/P.A.18/1961/S.15/2012, dated the 5th December, 2012.
5 Added, - Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
6 Inserted, - vide Haryana Government notification No.G.S.R.152/P.A.18/61/S.15/Amd.
(1)/76, dated the 28th June, 1976.
7 Added, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
Gift of land.
Sections 5, 5A and 15.
6[Terms and conditions of gift]. Sections 5 and 15(2) (f).
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(a) the donee shall not sell, lease, mortgage or dispose of the land in any other manner whatsoever, before the expiry of a period of twenty years from the date of the gift :
1[Provided that the donee may mortgage the land with 2{any Schedule Bank Housing Board or the Government} for the purpose of raising loan for the construction of the house;]
(b) the donee shall construct a house on the land within a period of 3[five] years from the date of the gift;
(c) the donee shall use the land for residential purpose and for no other purpose ; and
(d) in case of death of the donee, his legal heirs shall be bound by the conditions herein contained.
(2) In case of breach of any of the terms and conditions specified in sub-rule (1), the 4[Assistant Collector, Ist Grade] shall, after affording a reasonable opportunity of being heard to the donee, cancel the gift an resume the gifted land. In such an event the donee shall not be entitled to any compensation in respect of any development or construction made by him on such land].
14. The income derived by a Panchayat from the use and occupation of the land in shamilat deh vested in it shall be utilized for the benefit of the inhabitants of village as laid down in the 5[Haryana Panchayati Raj Act, 1994 (11 of 1994)] and for the improvement, maintenance and management of the shamilat deh.
15. Any person who is entitled to compensation under sub-section (2) of section 3 of the Act, may, within a period of twelve months from the date of commencement of these rules, apply to the Assistant Collector for the determination of the amount of compensation payable to him by the Panchayat :
Provided that the Assistant Collector may entertain the application after the expiry of the said period of twelve months if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time.
(2) On receipt of an application, the Assistant Collector shall issue notice to the Panchayat and after giving an opportunity of being heard and after making such enquiry as may be considered necessary, shall determine the amount of compensation payable by the Panchayat.
(3) Where there is any dispute as to the person or persons who are entitled to the compensation the 6[Assistant Collector] shall decide such dispute and if the 7[Assistant 1 Proviso to sub-rule (1) of rule 13A added,- vide Haryana Government notification No.G.S.R.242/P.A.18/61/S.15Amd.(3)/76, dated the 11th November, 1976 2 Substituted,- vide Haryana Government notification No.G.S.R.117/P.A.18/61/S.15/Amd.
(1)/80, dated the 14th November, 1980.
3 Substituted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
4 Substituted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
5 Substituted, - Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
6 Substituted, - vide Haryana Government notification No.G.S.R.129/P.A.18/61/S.15Amd.
(1)/79, dated the 29th November, 1979.
7 Substituted, - vide Haryana Government notification No.G.S.R.129/P.A.18/61/S.15Amd.
(1)/79, dated the 29th November, 1979.
Utilization of the income from the Shamilat Deh.
Sections 9 and 15.
Payment of compensation under section 3(2). Sections 3(2) and 15(2)
(d).
15 Collector] finds that more than one persons are entitled to compensation he shall apportion the amount thereof amongst such persons.
(4) The amount of compensation shall be determined in accordance with the following principles:-
(a) If the land has been sold by the Panchayat, the amount of compensation of the land shall be the same as received by it from the vendee ;
(b) If the land is utilized by the Panchayat for any of its purposes, the amount of compensation shall be determined by working out an average of the saleproceeds of the land of the same nature and kind sold in the village 1[or neighbouring villages] during the last three years and if no such land has been sold in the village 2[or neighbouring villages] reasonable price as may be determined.
Provided that the payment of such compensation shall be made in six equal annual instalments if the amount involved is more than 3(ten thousand rupees).