(1) If, after considering the cause, if any, shown by any person in pursuance of notice under rule 20 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard the Assistant Collector is satisfied that the land in shamilat deh is in an unauthorized occupation, the Assistant Collector may, on a date to be fixed for the purpose, make an order of eviction for reasons to be recorded therein, directing that the land in shamilat deh, shall be vacated by all persons who may be in unauthorized occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door of the Panchayatghar and at some other conspicuous places of the shamilat deh or of the estate in which the land in shamilat deh is situated.
(2) If any person refuses or fails to comply with the order of eviction 3[within thirty days after the expiry of time period of appeal,] the Collector or any other officer duly authorized by him in this behalf, may evict that person from and take possession of the land in Shamilat deh and may, for that purpose use such force as may be necessary.
4[21-A. The memorandum of appeal to the Collector or Commissioner shall be accompanied by an attested copy of the order appealed against and shall indicate-
(a) details of the order appealed against;
(b) grounds of appeal; and
(c) remedy sought].
22. The Panchayat shall maintain the under mentioned forms for the management of land in shamilat deh :-
(i) Register containing the description of shamilat deh (Form I).
(ii) Map containing the description of the shamilat deh.
(iii) Agreement register for leases or Patas etc. (Form II).
(iv) Accounts Ledger for the rents and receipts (Form III).
(v) Register of tenants (Form IV).
(vi) Form of lease deed (Form V).
5[(vii) Form of lease deed for gaushalas (Form VI).]
23. The Punjab Village Common Lands (Regulation)Rules, 1955 published with Punjab Government, Revenue Department, Notification No. 5557-R(c)-54-216, dated the 18th February, 1955, and the Pepsu Village Common Lands (Regulation) Rules, 1955 published 2 Inserted, -vide Haryana Government notification No.G.S.R.6/P.A.18/61/S.15/Amd.
(1)/77, dated the 7th January, 1977.
1 Substituted, - vide Haryana Government notification No.G.S.R.224/P.A.18/61/S.15Amd.
(2)/76, dated the 21st October, 1976.
2 Substituted, - vide Haryana Government notification No.G.S.R.129/P.A.18/61/S.15Amd.
(1)/79, dated the 29th November, 1979.
3 Substituted, - Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
4 Inserted, - vide Haryana Government notification No.G.S.R.224/P.A.18/61/S.15/Amd.
(2)/76, dated 21st October, 1976 and further substituted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
5 Added, - Haryana Government notification No.S.O.20/P.A.18/1961/S.15/2023, dated the 9th May, 2023.
Appeal against the order of the Assistant Collector of the 1st Grade or Collector.
Sections 7(4), 10A, 13A, 13AA and 15.
Eviction of unauthorized persons. Sections 7 and 15(2)(k).
Maintenance of forms. Section 15(2)(c).
Repeal.
19 with Pepsu Government Revenue Department Notification No 6 Agr., dated the 15th October, 1955 are hereby repealed 1[:]
Provided that any action taken or anything done under the rules 2[so] repealed shall be deemed to have been taken or done under the corresponding provision of these rules.
1 Substituted, - vide Haryana Government notification No.G.S.R.129/P.A.18/61/S.15Amd.(1)/79, dated the 29th November, 1979.
2 Substituted, - vide Haryana Government notification No.G.S.R.129/P.A.18/61/S.15Amd.
(1)/79, dated the 29th November, 1979.
20 FORM I 1[(See Rule 22)] Register containing the description of shamilat deh Name of Gram Panchayat ------------------------------ Tehsil and District-------------------------------------- Serial No Description of land Number of trees growing on the land Details of the land given on lease or sold Period for which lease has been decided or conditions of sale Total amou nt of lease or sale proce eds 1 2 3 4 5 6 _____________________________________________________________________ Amount collected as lease 2[money or] sale proceeds Balance To whom leased or sold.
Signature of the Sarpanch Signature of lessees/ purchasers Remarks 7 8 9 10 11 12 ____________________________________________________________________ 1 Inserted, - vide Haryana Government No. G.S.R. 224/P.A.18/61/S.15/Amd.(2)/76,dated the 21st October, 1976.
2 Inserted, - vide Haryana Government No. G.S.R. 224/P.A.18/61/S.15/Amd.(2)/76,dated the 21st October, 1976.
21 FORM II 1[(See rule 22)] Agreement Register for lease or Patas Name of Gram Panchayat_________________________________________ Tehsil and District_______________________________________________ Serial No.
Description of land to be auctioned Name and address of bidders Last bid Signature of bidders Signature of auctioneer Signature of Sarpanch Amount received in cash 1 2 3 4 5 6 7 8 ____________________________________________________________________ FORM III 2[(See rule 22)] Register of Rents and Receipts Name of Gram Panchayat _________________________________________ Tehsil and District ______________________________________________ Serial No.
No. of the files Area of the fields Name of the tenants Rate fixed Rent in arrears Total sum recoverable Sum recovere d Recei pt No.
and Date 1 2 3 4 5 6 7 8 9 _____________________________________________________________________ 1 Inserted, - vide Haryana Government No. G.S.R. 224/P.A.18/61/S.15/Amd.(2)/76,dated the 21st October, 1976.
2 Inserted, - vide Haryana Government No. G.S.R. 224/P.A.18/61/S.15/Amd.(2)/76, dated the 21st October, 1976.
22 FORM IV 1 [(See rule 22)] Register of Tenants Serial No. Excess area with the Panchayat under section 5 Name of the persons who have applied for allotment of excess area Name of persons to whom excess area has been allotted Conditions of tenancy, etc Date of the deed 1 2 3 4 5 6 ____________________________________________________________________ FORM V 2[(See rule 22)] This deed of lease made this_____ day of ___________ between the Panchayat ___________________, son of _________________ resident of village _____________, tehsil ________________ district _______________ ( expression shall include his heirs, executors, administrators, successors and assignees) of the other part.
And, whereas the lessor has agreed to let and the lessee has agreed to take the land hereinafter described and intended to hereby 3[leased] upon the terms and subject to the conditions hereinafter appearing.
Now, thereafter, this deed witnesseth that the lessor does hereby grant to the lessee through auction a lease of the piece of land measuring _____ bighas _______ biswa pertaining to Khasra No.__________ situated in village ___________, tehsil, district _______ to hold the same in accordance with the Punjab Village Common Lands (Regulation) Rules, 1964, and subject to the following conditions:-
(1) The lessee hereby takes the aforesaid land for the term of ____________ year and beginning from Kharif/Rabi ______ on the yearly rent of Rs._______ per bigha /acre.
The lessee has paid Rs. _______ in advance and shall pay to the lessor Rs. _______ for the 1st year on ________ and thereafter the yearly rent Rs. _______ shall be paid in the advance in the month of February, every year.
(2) That the lessee shall pay, when due in respect of the said land or any part thereof- 1 \ Inserted, - vide Haryana Government No. G.S.R. 224/P.A.18/61/S.15/Amd.(2)/76, dated the 21st October, 1976.
2 Inserted, - vide Haryana Government No. G.S.R. 224/P.A. 18/61/S.15/Amd.(2)/76, dated the 21st October, 1976.
3 Substituted, - vide Haryana Government No. G.S.R. 224/P.A. 18/61/S.15/Amd.(2)/76, dated the 21st October, 1976.
23
(a) full assessments, cesses, water rates and other charges imposed by competent authority under any law for the time being in force;
(b) lease money in accordance with the Punjab Village Common Lands (Regulation) Rules, 1964.
(3) That the lessee shall not assign, transfer in any way, mortgage or sublet the land hereby demised or premises thereon or any part thereof.
(4) That the lessee shall use the land only for the purpose of cultivation of food, fibre or fodder crops according to improved methods of cultivation and for no other purpose.
(5) That the lessee shall be responsible for removing the bushes, leveling the fields, cleaning the Khals, making bunds, clearing the mud out of the water courses etc. in the demised area.
(6) That all matters relating to cultivation e.g. ploughing, sowing, watering, cropping, digging manuring, use of fertilizers and control of pests, etc., will be carried out as recommended by the Agriculture Department and under the instructions and guidance of the Extension Officer (Agri), V.L.W. of the area.
(7) That the lessee shall bear full costs of seeds, fertilizer, insecticides. etc.
(8) That the lessee shall look after the crops, fencing, trees and other necessary fixtures on the land.
(9) That the lessor shall have a right to purchase or exchange the whole of the
(10) That the lessee shall have to abide by the Regulation of the Irrigation Department, in default of which, he will have to pay the penalty which may be imposed by the authorities of said Department for wastage of water.
(11) That the lessee can keep two milch cattle and two young stock per plough. The urine and dung, etc. of farm animals shall have to be stored in a manure pit under the instructions of the Extension Officer (Agri.) of the area.
(12) That during the period of lease, the lessee shall keep his ordinary place of residence at ____________ and shall not reside elsewhere without the permission of Sarpanch.
(13) That if the lessee neglects his duties, the lessor will have the right to get these 24
(14) That the lessor shall have a right to get damaged from lessee for any loss which may result from his non-compliance with any of the above conditions.
tenancy accord before the expiry of the lease, he shall forfeit his right to crops and shall not be entitled to any compensation for such forfeiture.
(16) That in case there is breach on the part of the lessee or any of the conditions herein contained and to be observed and performed by him, the lessor or any person authorized by him in his behalf may terminate the lease and re-enter the demised premises and in such case, the lessee shall not be entitled to get any compensation, whatsoever.
(17) That in case the lessee fails to pay the rent or to cultivate the land he shall deliver the possession of the land in question to the Sarpanch of the Panchayat (lessor) or any other person authorized by the lessor. The lessee shall on the expiry of the lease, vacate and give possession of the land to the lessor.
(18) That if any difference or dispute shall arise during the pendency of this lease between the parties hereto in regard to any matter or thing concerning this lease and the terms thereof, such difference or dispute shall be referred to the District Development and Panchayat Officer of the district concerned whose decision shall be binding on the parties and shall be final and conclusive.
(19) In witness whereof the parties to this agreement have hereunto set and subscribed their hands on the dates hereinafter mentioned respectively.
Witness Signature of the lessee Revenue ticket, surety, etc.
Witness Signature of Sarpanch/ Panch on behalf of the Panchayat.
Sudhir Rajpal, Principal Secretary to Government, Haryana, Development and Panchayats Department.
25 1[ [see rule 22] This deed of lease made this_____ day of ___________ between the Panchayat ___________________, son of _________________ resident of village _____________, expression shall include his heirs, executors, administrators, successors and assignees) of the other part.
And, whereas the lessor has agreed to let and the lessee has agreed to take the land hereinafter described and intended to hereby lease upon the terms and subject to the conditions hereinafter appearing.
Now, thereafter, this deed witnesseth that the lessor does hereby grant to the lessee by allotment a lease of the piece of land measuring _____ Acre _______ Kanal _____ Marla pertaining to Khasra No.__________ situated in village ___________, tehsil, district _______ to hold the same in accordance with the Punjab Village Common Lands (Regulation) Rules, 1964, and subject to the following conditions:-
(1) That the lessee shall have to house and maintain atleast fifty percent stray cattle of the total cattle population in the gaushala at all points of time during the lease period.
(2) That the lessee hereby takes the aforesaid land for the term of ____________ year and beginning from Kharif/Rabi ______ on the yearly rent of Rs._______ per bigha /acre.
The lessee has paid Rs. _______ in advance and shall pay to the lessor Rs. _______ for the 1st year on ________ and thereafter the yearly rent Rs. _______ shall be paid in the advance in the month of February, every year.
(3) That the lessee shall pay, when due in respect of the said land or any part thereof-
(a) full assessments, cesses, water rates and other charges imposed by competent authority under any law for the time being in force;
(b) lease money in accordance with the Punjab Village Common Lands (Regulation) Rules, 1964.
(4) That the lessee shall not assign, transfer in any way, mortgage or sublet the land hereby demised or premises thereon or any part thereof.
(5) That the lessee shall be responsible for removing the bushes, leveling the fields, cleaning the Khals, making bunds, clearing the mud out of the water courses etc. in the demised area.
(6) That all matters relating to cultivation e.g. ploughing, sowing, watering, cropping, digging manuring, use of fertilizers and control of pests, etc., will be carried out as recommended by the Agriculture and Farmers Welfare Department and under the instructions and guidance of the Extension Officer (Agriculture), Village Level Worker of the area.
(7) That the lessee shall look after the crops, fencing, trees and other necessary fixtures on the land.
(8) That the lessee shall have to abide by the Regulation of the Irrigation Department, in default of which, he shall have to pay the penalty which may be imposed by the authorities of said Department for wastage of water.
(9) That if the lessee neglects his duties, the lessor shall have the right to get these duties
(10) That the lessor shall have a right to get damages from lessee for any loss which may result from his non-compliance with any of the above conditions.
1 Added, - Haryana Government notification No.S.O.20/P.A.18/1961/S.15/2023, dated the 9th May, 2023.
26
(11) That in case the lessee fails to pay the rent or to cultivate the land he shall deliver the possession of the land in question to the Sarpanch of the Panchayat (lessor) or any other person authorized by the lessor. The lessee shall on the expiry of the lease, vacate and give possession of the land to the lessor.
(12) That the number of animals in gaushala shall be counted bi-annually and in case of any decrease is found in the number of animals, the Panchayat shall have the right to claim back the area of land in proportion to the decreased number of animals thereof and it can take back such land.
(13) That the lessee shall have to submit audited accounts statement in respect of its total income and expenditure annually before the committee mentioned in clause (b) of sub-rule (2A) of rule 6 with a copy to the Panchayat and Block Development and Panchayat Officer concerned.
(14) That the Sarpanch and the Block Development and Panchayats Officer concerned shall be ex-officio members of the managing committee of the gaushala to ensure that the terms and conditions of the lease are fully complied with.
(15) That the land shall be utilized only for the purpose of keeping cattle and cultivation of fodder. However, the residential rooms can also be constructed for the staff therein by the lessee. No shop or outlet shall be established within the premises for the purpose of sale. The lessee shall not carry out any illegal activity from the premises. In case of breach of any condition of this agreement, the possession shall be taken back by the Panchayat.
(16) That the lessee shall raise boundary wall/fencing, cattle shed, fodder store etc. on its own cost as per requirement. cultivation of fodder shall also be done by the lessee on its own cost.
(17) That the day to day operation and maintenance of gaushala shall be done by the lessee.
The entire water and electricity charges shall also be borne by the lessee. The lessee shall make necessary fire safety arrangements in the premises to ensure safety and security of the public, cattle and the staff working therein.
(18) That the lessee shall keep the premises and its surrounding in a clean, hygiene condition.
(19) That the lessee shall at all reasonable times allow access to the authorized representatives of the Panchayat to visit and inspect the said premises to ascertain that the lessee is duly observing the conditions of agreement.
(20) That the lessee shall maintain proper record in respect of the animals kept in the gaushala including record of animals died in the gaushala.
(21) That the lessee shall take the entire responsibility for receiving the stray cows, bulls and calves at gaushala and their feeding, care as well as day to day running and management of the gaushala.
(22) That the lessee is bound to remove the defect, if any, pointed out by the authorized officers during inspection and compliance report thereof shall be furnished within 3 days to the Panchayat.
(23) That the lessee shall intimate the Panchayat without any delay about the death of any cattle. The lessee shall make appropriate arrangement for the removal of the dead cattle in a reasonable time.
(24) That the lessee shall strictly abide/observe the rules and regulations imposed by the State Government/ Panchayat or any other authority of the Centre Government from time to time.
27
(25) That the lessee shall make payment of any tax or charge levied by any authority from time to time.
(26) That the lessee shall hand over the possession of the land and infrastructure created thereon to the Panchayat within 48 hours after termination of the agreement for the reasons whatsoever.
(27) That in case there is breach on the part of the lessee or any of the conditions herein contained and to be observed and performed by him, the lessor or any person authorized by him in his behalf may terminate the lease and re-enter the demised premises and in such case, the lessee shall not be entitled to get any compensation, whatsoever.
(28) That if any difference or dispute shall arise during the pendency of this lease between the parties hereto in regard to any matter or thing concerning this lease and the terms thereof, such difference or dispute shall be referred to the District Development and Panchayats Officer of the district concerned whose decision shall be binding on the parties and shall be final and conclusive.
In witness whereof the parties to this agreement have hereunto set and subscribed their hands on the dates hereinafter mentioned respectively.
Witness Signature of the lessee Revenue ticket, surety, etc.
Witness Signature of Sarpanch/ Panch ANIL MALIK, Additional Chief Secretary to Government, Haryana, Development and Panchayats Department.
28 HARYANA GOVERNMENT DEVELOPMENT AND PANCHAYATS DEPARTMENT THE PUNJAB VILLAGE COMMON LANDS (REGULATION) RULES, 1964 (As amended upto 15th October, 2018)