(1) Except where otherwise provided in these rules, all leases of land in shamilat deh shall be by auction, after making publicity in the manner laid down in sub rule (10). All documents executed in this connection shall be signed 7[by the Sarpanch] or in his absence by a Panch performing the duties of the Sarpanch and two other Panches of the Gram Panchayat.
(2) Lease of land in shamilat deh already under plough shall not be given for a period exceeding two years while that of land not under plough and infested with trees, bushes etc. may be given for a period not exceeding five years to the highest bidder 1 Added, - vide Haryana Government notification No.DPH-LA-1-91/636, dated the 9th December, 1991.
2 Omitted, - vide Haryana Government notification No. G.S.R.52/P.A.18/S.15/Amd.
(1)/82, dated the 1st April, 1982.
3 Substituted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
4 Inserted, - vide Haryana Government notification No. S.O 67/P.A.18/61/S.15/1964, dated the 15th October, 2018.
5 Inserted, - 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. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
7 Substituted, - vide Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
Exchange of land.
Sections 5 and 15(2) (f).
Leases of land.
Sections 5 and 15(2) (f).
4 ordinarily in the month of April or May to the maximum advantage of the inhabitants of village. The annual lease money shall be paid on the bidding spot and for the remaining years of lease, if any, the annual lease money shall be paid, in advance, not later than February every year. The auction shall be subject to the approval of-
(a) the Panchayat Samiti-
(i) where the area does not exceed 100 acres and the highest bid of the lease at the auction is less than the average lease rate of similar lands in the neighbourhood for the last five years; or
(ii) where the area exceeds 100 acres, but does not exceed 1[500] acres;
2[ (a-i) the Zila Parishad- where the area exceeds 500 acres but does not exceeds 1,000 acres; and]
(b) the Government- where the area exceeds 1,000 acres:
Provided that on the application of the lessee made before the expiry of the lease, the Panchayat may renew the lease for a period not exceeding two years at a time if it considers that renewal of lease is in the interest of better cultivation and is satisfied that the lessee has made improvements by rendering such land fit for cultivation or has made improvements by digging a well or installing a pumping-set or a tube-well or constructing a pucca structure on such land:
3[Provided further that a discount of ten percent in the annual lease money may be given to a Self Help Group registered with the Haryana State Rural Livelihood Mission, in case it succeeds in auction, subject to the condition that at least one-half of the members of that Self Help Group should be ordinarily residents of that village/Gram Panchayat: ]
Provided further that the annual lease money of such land for which lease has been renewed shall be determined by the Collector or the officer appointed by him for the purpose on the basis of market rental value of similar lands in the neighbourhood:
Provided further that-
(a) the maximum area of land in shamilat deh to be leased to a person for cultivation shall not exceed ten acres at any time;
(b) the Panchayat shall not lease land in shamilat deh for cultivation to a person-
(i) having a holding of ten acres or more; or
(ii) already holding lease under any other Panchayat;
(c) out of the land proposed to be leased for cultivation, thirty per cent, ten per cent, ten per cent, respectively, shall be reserved for giving on lease by auction, to members of the Scheduled Castes, Backward Classes and dependents of defence personnel killed in any war after the independence of India.
Explanation.-If on two different dates fixed for auction, no such person is forthcoming or the Panchayat Samiti refuses to confirm the auction under subclause (i) of clause (a) of sub-rule (2), the reservation shall cease to have effect ;
(d) out of land proposed to be leased for cultivation, five acres to ten acres land according to the need shall be reserved for grazing and resting of cattle in case land for such purposes is not already available; and
(e) any Sarpanch or Panch or member of his/her family such as father, grandfather, mother, grandmother, wife/husband, son/daughter, son-in-law, daughter-in-law, grandson/ granddaughter, great-grandson/ great-granddaughter, or any other relative dependent on him/her shall not be allowed to bid for the auction and to take land in shamilat deh on lease.
1 Substituted, - vide Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
2 Added, - vide Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
3 Added, - vide Haryana Government notification No.S.O.25/P.A.18/1961/S.15/2024, dated the 13th June, 2024.
5 1[(2A) (a) The Panchayat may, after preparing land utilization plan as per the provisions of rule 3 and after prior approval of State Government, lease out its land for the purposes of establishing gaushala, biogas plant, veterinary hospital, research and training centre panchgavya products and cultivation of fodder through allotment for a maximum period of twenty years to such charitable organization which has a history of philanthropic contribution to society and whose antecedents have been verified and which is recommended by the committee to be constituted under clause (b) and the Haryana Gau Sewa Aayog:
Provided that for the purpose of cultivation of fodder by gaushala, only the land which shall not be more than twenty-five percent of the land earmarked for charand in a village shall be leased out:
Provided further 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.
(b) The applicant gaushala shall submit its application for lease of land to the Deputy Commissioner concerned, who may send the same to the Panchayat concerned for its consideration.The Panchayat may after obtaining suggestion and approval of Gram Sabha may pass a resolution. The Panchayat shall forward its proposal to the Deputy Commissioner through Block Development and Panchayats Officer concerned. The proposal of the Panchayat shall be scrutinized by a committee comprising Additional Deputy Commissioner, President of Zila Parishad, District Development and Panchayats Officer, District Revenue Officer and Deputy Director of Animal Husbandry and Dairying Department under the chairmanship of the Deputy Commissioner concerned and may make its recommendation to the State Government through Haryana Gau Sewa Aayog.
(c) The lease of the land shall be subject to the following conditions, besides the conditions proposed and recommended by the Panchayat and the committee mentioned under clause (b):-
(i) for cultivation of fodder by the gaushala, only upto 1.5 acres of land for every one hundred animals may be given. However, in addition, for the purpose of establishment of gaushala, only upto 0.75 acre of land for every one hundred animals may also be given. In case of lesser or higher number of animals, the land shall be given in proportion of the number of animals. The number of animals 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 shall take back such land.
(ii) For the purpose of setting up biogas plant, panchgavya products, veterinary hospital and research and training centre, upto two acres of land may be given in addition to land mentioned in sub-clause (i) above to a gaushala having 1500 or more animals.
(iii) The lease money shall not be less than Rs. 5100/- per acre per year.
The annual lease money shall be paid in advance.
(iv) The lessee shall have no right to sub-lease the land.
(v) 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) with a copy to the Panchayat and Block Development and Panchayat Officer concerned.
1 Inserted, - vide Haryana Government notification No. S.O. 46/P.A.18/1961/S.15/2018, dated the 25th July, 2018. and further Substituted, - vide Haryana Government notification No.S.O.20/P.A.18/1961/S.15/2023, dated the 9th May, 2023.
6
(vi) The Sarpanch and the Block Development and Panchayats Officer concerned shall be ex-officio members of the managing committee of the gaushala or any committee formed to look after the affairs of gaushala. They shall ensure that the terms and conditions of the lease are fully complied with.
(vii) Any other terms and conditions as may be recommended by the committee and approved by the State Government.
(d) In case of violation of any condition as mentioned in clause (c) above and the terms and conditions of the lease deed, the lease of the land shall be cancelled and the possession of the land shall revert back to the Panchayat.]
(3) The potters and the members of Scheduled Castes of the same village may be allotted non-cultivable land on lease upto one acre for installation of maidani brick kiln for a period of one year at the rate of 1[five thousand rupees] per year.
2[(3A) A panchayat may lease out its non-cultivable land by way of open auction with minimum reserve price of rupees twenty thousand per acre per year for a period of five years and further renewable for a period of five years at a time for setting up brick kiln:
Provided that-
(i) progressive increase in lease money shall not be less than twenty five per centum of the lease money after every five years;
(ii) the brick-kiln owner shall not be allowed to excavate the earth more than four feet in depth;
(iii) the lessee shall pay an amount equal to lease money of two years in advance in the shape of earnest money to the panchayat, which shall be adjusted against the lease money of the last two years of the lease period and no interest shall be payable on the amount of earnest money;
(iv) the lessee shall deposit the initial lease money on the bidding spot, failing which the auction shall automatically stand cancelled;
(v) the lessee shall deposit the annual lease money for subsequent years on or before the due date, which shall be the date he takes possession of the land, failing which the lease shall automatically stand cancelled and the security forfeited; and
(vi) the lessee have no right to sub-let the lease land.
3[(4) Gram Panchayat may with prior approval of the State Government, lease out its land in the zone notified for the purpose by the Environment Department or to which the by auction on annuity basis for a period not exceeding twenty years for setting up stone crushers. The terms and conditions of lease including the lease money and mode of leasing out, shall be such as approved by the State Government from time to time:]
Provided that-
(i) progressive increase in lease money shall not be less than twenty per centum of the initial annual lease money after every three years;
(ii) an amount equal to two and a half years initial yearly lease money shall be deposited in favour of Gram Panchayat as security by fixed deposit receipt in 1 Substituted,- vide Haryana Government notification No. S.O. 67/P.A.18/61/S.15/1964, dated the 15th October, 2018.
2 Inserted, - vide Haryana Government notification No. S.O 62/P.A.18/1961/S.15/2010, dated the 15th April, 2010.
3 Substituted, - vide Haryana Government notification No. S.O 11/P.A.18/1961/S.15/2009, dated the 23rd January, 2009.
7 the Haryana State Cooperative Bank before taking possession, which shall be adjustable against lease of the 19th and 20th year;
(iii) the lessee shall deposit the initial annual lease money on the bidding spot, failing which the auction shall automatically stand cancelled; and
(iv) the lessee shall deposit the annual lease money for subsequent years on or before the due date, which shall be the date he takes possession of the land, failing which the lease shall automatically stand cancelled and the security forfeited.
1{(5) Panchayat may with the prior approval of the State Government, lease out its land by allotment for a period not exceeding thirty-three years and further renewable for a period not exceeding thirty-three years for setting up infrastructure facilities, units of public utility nature, Special Economic Zone Projects and Industrial Development or for such purposes as may be approved by the State Government, to be for the benefit of village community. However, Panchayat may with the prior approval of the State Government, lease out the land for the purpose of educational and medical institutions to be established by the State Government or the Central Government or their agencies like Boards/Corporations, for a period upto ninety-nine years. The terms and conditions of lease including the lease money and mode of leasing out, shall be such, as may be approved by the State Government, from time to time:
Provided that State Government may specify the maximum area of land in shamilat deh which can be leased out by a Gram Panchayat and may further specify the area to be retained by each Gram Panchayat for common purposes such as charand, pond, cremation ground, playground etc. in the interest of inhabitants of the village:
Provided further that the concerned Deputy Commissioner shall be the competent authority to accord approval to the Gram Panchayat for leasing out its land upto an area of one acre, over which unauthorized religious construction has taken place before the 29th September, 2009.}
(6) Auction of every pond-
(i) used for plantation of shingharas may be made on yearly basis in the month of July every year; and
(ii) 2[used for stocking fish may be made for a period not less than five years and not exceeding ten years preferably in the month of May and June:]
Provided that not more than half of the total number of ponds in a village shall be leased out at any point of time:
3[Provided further that the reserve annual price shall not be less than rupees ten thousand per acre per year].
(7) The Panchayat may auction every year the surplus and useless trees with the prior approval of Deputy Commissioner. All trees standing on the land in shamilat deh shall 1 Substituted, - vide Haryana Government notification No. S.O 83/P.A.18/1961/S.15/2013, dated the 11th October, 2013.
2 Substituted vide Haryana Government notification No. S.O. 62/P.A.18/1961/S.15/2010, dated 15th April, 2010 and further Substituted, - vide Haryana Government notification No. S.O 63/P.A.18/1961/S.15/2013, dated the 16th July, 2013 and further Substituted vide Haryana Government notification No. S.O. 61/P.A. 18/1961/S.15/2019, dated 7th August, 2019.
3 Added, - vide Haryana Government notification No. S.O 62/P.A.18/1961/S.15/2010, dated the 15th April, 2010.
8 be marked with numbers and the number of trees so marked shall be specifically mentioned in the auction notice and the sale deed.
(8) In every case of lease, a lease deed shall be duly executed by the lessee and the lessee shall surrender to the Panchayat, possession of the land leased to him, if he defaults in the payment of rent.
(9) The Panchayat may, by resolution passed in this behalf, entrust the auction of lease of any land in shamilat deh vested in it to the Panchayat Samiti which may depute its Executive Officer to conduct the auction, after giving due publicity in the manner specified in sub-rule (10), at the cost of the Panchayat.
(10) (a) The publicity to lease auction programme shall be given 15 days before the date of auction by specifying the description of land, the date, time and place fixed for the auction of lease-
(i) through any local vernacular newspapers and where the auction of stone quarries bajri or other minor minerals or for setting up stone crushers is to be held, also through an English newspaper with wide circulation;
(ii) by pasting a copy of the auction notice on an outer door of Panhayatghar, village Patwar Khana, offices of Panchayat Samiti and at some other conspicuous places of the shamilat deh or of the estate in which the shamilat deh is situated; and
(iii) by beat of drum within the Sabha area.
1{(b) The terms and conditions of auction shall be mentioned in the auction notice to be pasted at conspicuous places in the sabha area and also announced at the time of auction.}
(11) (i) The auction of lease of any land in shamilat deh vested in the Panchayat shall be conducted in the presence; and under the supervision, of the Block Development and Panchayat Officer and in case of his inability, an Extension Officer of the Block.
(ii) A copy of every auction notice shall be sent to the Block Development and Panchayat Officer concerned fifteen days before the date of auction.
(iii) The Block Development and Panchayat Officer or the Extension Officer, as the case may be, shall present himself at every auction in respect of which a notice is sent to him under clause (ii).
(12) On the expiry of lease period, the land shall automatically revert to the Panchayat and no separate proceedings under any law shall be required to terminate the lease or to take the possession thereof. The Panchayat shall be competent to take over the possession of the leased premises including the constructions thereon, if any, for which no compensation shall be payable.
2[6A.(1) Notwithstanding anything contained in these rules, the Gram Panchayat may, with prior approval of the Assistant Collector of the first grade, lease out its land by way of allotment for cultivation purposes initially for a period upto 33 years further renewable for the same period twice, to a person who does not own any land for agriculture 1 Substituted, - vide Haryana Government notification No. S.O 67/P.A.18/61/S.15/1964, dated the 15th October, 2018.
2 Substituted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008 dated 3rd January, 2008 and further substituted, - vide Haryana Government notification No.S.O.107/P.A.18/1961/S.15/2013, dated the 13th December, 2013.
Lease of land in shamilat deh to lessees of East Punjab Utilisation of Lands Act, 1949 and the Punjab Village Common Lands (Regulation) Act,
1953. sections 5A and 15(2)(f).
9 on the date of commencement of the Act and has been the original lessee either under the provisions of the East Punjab Utilization of Lands Act, 1949 (Punjab Act 38 of 1949) or under the provisions of the Punjab Village Common Lands (Regulation) Act, 1953 or his legal heirs, for a period not less than seven years and has remained in continuous cultivating possession of the leased land upto 24th September, 1986 with corresponding entries in the revenue record, subject to the following terms and conditions:-
(i) the maximum lease period including the renewals shall not exceed 99 years;
(ii) the legal heirs of the original lessee shall be granted the lease of the land to the extent of their share in the originally allotted land. The share shall be determined by the revenue officials and countersigned by the concerned Sub- Divisional Officer (Civil);
(iii) maximum area of land in shamilat deh to be leased out to an original lessee or his legal heirs shall not exceed ten acres or the area originally allotted, whichever is less;
(iv) the lessee shall have no right to sub-lease the land;
(v) the lessee pay one time payment at the rate of rupees two thousand per acre per year for the period he remained in cultivating possession without making payment of lease money. However, the lessees who have already deposited the penalty amount in compliance of the orders passed by competent authority, they shall not be liable for payment of one time settlement amount for the relevant period;
(vi) the lessee shall pay the lease money at the rate of rupees two thousand per acre per year with ten percent increase after every five years.
(2) In case of violation of any conditions as specified in sub rule(1) above and the terms and conditions of the lease deed, the possession of the land shall revert back to the Gram Panchayat.
(3) The original lessee or his legal heirs may submit an application in the prescribed proforma alongwith the copies of revenue record in support of their claim, to the concerned Gram Panchayat with a copy to the concerned the Block Development and Panchayats Officer, within a period of six months from the date of notification of these rules. A separate register shall be maintained by the Block Development and Panchayats Officer and copy of application so received shall be entered immediately. The Block Development and Panchayats Officer after making entry shall forward the copy of the application to the concerned Gram Panchayat for necessary action.
(4) The Gram Panchayat shall consider the application and pass a resolution with regard to the lease of land within a period of thirty days. The Block Development and Panchayats Officer shall forward a copy of the resolution so passed alongwith the application and documents attached by the applicant to the Assistant Collector of the first grade for approval and shall also retain a copy of the same with him. Thereafter, the Assistant Collector of the first grade shall pass appropriate order within a period of sixty days.
(5) The Gram Panchayat shall execute a lease deed in favour of the original lessee or his legal heirs, within a period of one month from the date of approval accorded by the Assistant Collector of the first grade.]
7.(1) Subject to the provisions of section 5 of the Act, where in a village cultivable area in Shamilat deh is 200 acres or more, such land may be leased out without auction to the Collective Farming Co-operative Societies, if any, constituted in the village under the Punjab Co-operative Societies Act, 1961, on such terms and conditions as may be agreed to by the Panchayat with the approval of the 1[Panchayat Samiti]. Where there are more than one Collective Farming Co-operative Societies in a village, the land in shamilat deh may be 1 Added, - vide Haryana Government notification No. G.S.R. 90/P.A.18/61/S.15/Amd./70, dated the 24th July, 1970 Lease of land in Shamilat deh to Collective Farming Cooperative Societies, Sections 5 and 15(2) (f).
10 leased out to them in pro-portion to the strength of their 1[members]. The Collective Farming Co-operative Societies shall execute a lease deed in favour of the Panchayat. The total period of the lease shall not exceed 5 years.
(2) Such leases shall be subject to review by the 2[Panchayat Samiti] concerned annually so that the Panchayat or the Society may not suffer due to subsequent events which may affect the fertility or improvement in the land.
(3) If in any case the Panchayat has purchased a tractor or other equipment for the cultivation on the land in shamilat deh, the Collective Farming Co-operative Societies may purchase or take on hire such machinery and equipment on such reasonable price or rent, as the case may be, mutually settled by the Panchayat and the said Society.
(4) In case the Society used such land for any purpose other than cultivation and purposes subservient thereto or violates any terms or conditions of the lease or ceases to cultivate such land collectively in accordance with the bye-laws of the Society, the Panchayat may resume the land without payment of any compensation.
(5) Lease money shall be payable by the Collective Farming Co-operative Societies in advance as provided in 3[sub-rule (2)] of rule 6.
4[7A. Any sale, gift, exchange, transfer, alienation, lease, contract or agreement shall be deemed to be detrimental to the interest of a Panchayat if,-
(i) it has been granted or made, as the case may be, otherwise than by following the procedure laid down for grant of lease or making of sale, gift, exchange, transfer, alienation, contracts and agreements by the Panchayat;
or
(ii) it adversely affects any of the development schemes of the Panchayat; or
(ii) it has resulted or is likely to result in a loss to the Panchayat; or
(iv) it is benami; or
(v) it is not for the benefit of the inhabitants of the village].
5[7-B. The amount of compensation assessed by the Collector under sub-section (5) of section 10-A shall be paid by the Panchayat direct to the payee against proper receipt or by money order, if the payee so desires, after deducting therefrom money order commission or other expenses, if any ;
(i) in lump sum where the amount of compensation does not exceed 6(ten thousand rupees); and
(ii) in three equal annual instalments where the amount of compensation exceeds 7[ten thousand rupees].
1 Substituted, - vide Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
2 - vide Haryana Government notification No.G.S.R.224/P.A.18/61/ S.15Amd. (2)/76, dated 21st October, 1976.
3 Substituted, - vide Haryana Government notification No. S.O 67/P.A.18/61/S.15/1964, dated the 15th October, 2018.
4 Substituted, - vide Haryana Government notification No. S.O 3/P.A.18/1961/S.15/2008, dated the 3rd January, 2008.
5 Rules 7A and 7-B added, - vide Punjab Government Notification No.
G.S.R.44/P.A.18/61/S.15/ (1)/65, dated the 4thMarch, 1965.
6 Substituted, - vide Haryana Government notification No.S.O.87/P.A.18/1961/S.15/2011, dated the 14th November, 2011.
Sale, gift, exchange, transfer, alienation, lease contract and agreement detrimental to the interests of Panchayat. Sections 5B(2), 10A(2)(iii) and 15(2).
Manner of Payment of Compensation assessed by the Collector under subsection (5) of section 10-A. Sections 10A(5) and 15(2)(k).
11