(1) This Act may be called the Haryana Village Common Lands (Regulation) Act, 1961.
(2) It extends to the whole of the state of 1[Haryana].
(3) It shall come into force at once.
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;
1 Substituted for the word “Punjab” by the Haryana Adaptation of Laws (State and Concurrent Subjects) Order, 1968.
2 Clause (a) substituted by Haryana Act 47 of 1973 and then substituted by Haryana Act 6 of 2012.
3 Substituted by Haryana Act 8 of 1978.
4 Inserted by Haryana Act 2 of 1981.
5 Inserted by Haryana Act 9 of 1999.
6 Inserted by Punjab Act 19 of 1964. Section 2 and substituted by Punjab Act 13 of 1965 section 2 and further substituted by Haryana Adaptation of Laws (State and concurrent subjects) order, 1968.
7 Omitted by Haryana Act 30 of 2020 dated 07.12.2020.
Short title, extent and commencement .
Definitions.
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(d) “inhabitant of a village” means a person, whether a proprietor or a nonproprietor, 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) ****] 1 Substituted by Haryana Act 8 of 2007.
2 Substituted by Haryana Act 43 of 1971.
3 Substituted by Haryana Act 9 of 1992.
4 Substituted by Haryana Act 30 of 2020 dated 07.12.2020.
5 Inserted by Haryana Act 23 of 1973 and further omitted by Haryana Act 2 of 1981 and further inserted by Haryana Act 15 of 1983 w.e.f 12-2-1981.
6 Omitted by Haryana Act 9 of 1992.
7 Omitted by Haryana Act 30 of 2020 dated 07.12.2020.
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(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 1 Inserted by Haryana Act 13 of 1996.
2 Inserted by Haryana Ordinance No.5 of 2024 dated 16.08.2024 and Haryana Act 19 of 2024 dated
12.12.2024.
3 Substituted by Haryana Act 2 of 1981.
4 Omitted by Haryana Act of 1995.
5 Inserted by Haryana Act 9 of 1992.
6 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.]
3.(1) This Act shall apply, and before the commencement of this Act, the shamilat law shall be deemed always to have applied, to all lands which are shamilat deh as defined in clause (g) of section 2,--- 3[(2) Notwithstanding anything contained in sub-section (1) of section 4,---
(i) where any land has vested in a panchayat under the shamilat law, but such land, other than excluded 4[under sub-clause (ii-a) and (ii-b)] of clause (g) of section 2, has been excluded from shamilat deh as defined in clause(g) of section 2, all rights, title and interest of the panchayat in such land shall, as from the commencement of this Act, cease and such rights, title and interest shall be revested in the person or persons in whom they vested immediately before the commencement of the shamilat law; and he panchayat shall deliver possession of such land to such person or persons:
Provided that where a panchayat in unable to deliver possession of any such land on account of its having been sold or utilised for any of its purposes, the rights, title and interest of the panchayat in such land shall not so cease but the panchayat shall, notwithstanding anything contained in section 10, pay to the person or persons entitled to such land, compensation to be determined in accordance with such principles and in such manner as may be prescribed;
(ii) where any land has vested in a panchayat under this Act, but such land has been excluded from shamilat deh under sub-clause (ii-a) of clause 1 Substituted for the words “the territory” by the Haryana Adaptation of Laws (State and concurrent) order 1968.
2 Substituted for the words “the territory” by the Haryana Adaptation of Laws (State and concurrent) order 1968.
3 Substituted by Haryana Act 13 of 1996.
4 Substituted by Haryana Ordinance No.5 of 2024 dated 16.08.2024 and Haryana Act 19 of 2024 dated
12.12.2024.
Lands to which this Act applies 7
(g) of section 2, all rights, title and interest of the panchayat in such land, from the date of allotment of such land by the Rehabilitation Department of the State Government, shall cease and all such rights, title and interest shall vest in the person or persons to whom the land so excluded has been allotted by the Rehabilitation Department of the State Government on or before the 9th day of July, 1985, subject to the condition that—
(a) any sum of money realised by the Rehabilitation Department of the State Government as a result of allotment of such land; or
(b) where no money was realisable by the Rehabilitation Department of the State Government as a result of allotment of such land, the amount of compensation in respect of such land as determined under sub–section (3) by the Collector of the district in which such a land is situated, [shall be paid by the Rehabilitation Department of the State Government to the Development and Panchayats Department for onward disbursement to the panchayat to which such shamilat deh belonged1[;]
2[(iii) where any land has vested in Panchayat under this Act, but such land has been excluded from shamilat deh under sub-clause(ii-b) of clause (g) of section 2, all rights, title and interest of the Panchayat in such land, from the date of commencement of this amendment Act shall cease and all such rights, title and interest in such land shall vest in the original lessee, transferee or his legal heir who is in cultivating possession as per the entries in the revenue records as on the date of commencement of this amendment Act subject to the payment of an amount to the Panchayat, as may be determined 3[by the Collector on an application by the said lessee, transferee or his legal heir, in accordance with such principles and in such manner, as may be prescribed.]
(3) As soon as may be, on the commencement of the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1996, the Development and Panchayats Department shall make a reference to the Collector of the district to determine the amount of compensation under sub-clause (b) of clause (ii) of sub-section (2) and the Collector of the district shall, keeping in view the market value of the shamilat deh at the time it was allotted, determine the amount of compensation.]