(1)(i)The landless tenants and other tenants ejected or to be ejected in the village shall apply to the Panchayat for the allotment of surplus area of Shamilat deh earmarked for the purpose not later than October every year. Such applications shall be acknowledged in writing and entered in the register of tenant by the Panchayat.
(ii) The Panchayat shall formulate 2[with the help of concerned Block Development and Panchayat Officer] a proposal in the month of January every year for the allotment of the surplus area to the tenants and send the proposal to the Collector through the Panchayat Samiti for approval. The Collector shall ordinarily approve the proposal of the Panchayat. Where however there are complaints, the Collector may modify or return the proposal to the Panchayat for submitting a revised proposal.
(iii) Where there are more tenants than the surplus area with the Panchayat, preference shall be determined by the order in which applications for resettlement were made and where the applications had been made simultaneously the priority shall be decided by drawing lots.
(2)(i) Applications for distribution of the remaining excess area of Shamilat deh, if any, shall be made to the Panchayat within one month of the date of determination of such area by the Panchayat.
(ii) Such applications 3[shall] be acknowledged and entered by the Panchayat in the register to be maintained for the purpose.
(iii) The Panchayat shall submit a proposal to the Collector in this behalf within two months of the notification of the surplus area through Panchayat Samiti.
(iv) In cases where the demand for the remaining excess area exceeds the total available area priority shall be given to the smallest landowners 4[having equal land holdings and the priority] shall be decided by drawing lots.
(3) In case a tenant or small land-holder does not take possession of the area allotted to him within six months from the date of allotment, the allotment shall be inoperative and 1 Inserted,- vide Haryana Government notification No.S.O.74/P.A.18/61/S.15/99, dated the 30th March, 1999 2 Inserted, - vide Haryana Government notification No.G.S.R.129/P.A.18/61/S.15Amd.
(1)/79, dated the 29th November, 1979.
3 Substituted, - vide Haryana Government notification No.G.S.R.129/P.A.18/61/S.15Amd.
(1)/79, dated the 29th November, 1979.
4 Substituted, - Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
The manner and the order of priority in which the excess area is to be utilized by the collector under sub-section
(1) of section 5.
Sections 5(1) and 15(2).
Procedure where a Panchayat sues or is sued in its representative capacity. Section 15(2)(h).
17 that area shall be utilized for resettlement of another tenant or small land-holder, as the case may be.