(1) Notwithstanding anything contained in this Act or the shamilat law or any other law for the time being in force 2[the Assistant Collector of the first grade may call for from any panchayat in the area of his jurisdiction] the record of any 3[sale, lease], 4[gift, exchange], contract or agreement entered into by the panchayat in respect of any land vested or deemed to be vested in it, whether such [sale, lease], [gift, exchange], contract or agreement is entered into before or after the commencement of the Haryana Village Common Lands (Regulation) Amendment Act, 1961, and examine such record for the purpose of satisfying himself as to the legality or propriety of such [sale, lease], [gift, exchange], contract or agreement.
(2) Where, on examination of the record under sub-section (1) and after making such inquiry, if any, as he may deem fit 5[the Assistant Collector of the first grade] is satisfied that such [sale, lease], [gift or exchange], contract or agreement----
(i) has been entered into in contravention of any of the provisions of this Act or the rules made thereunder; or
(ii) has been entered into as a result of fraud concealment of facts; or
(iii) is detrimental to interests of the panchayat as prescribed; [the Assistant Collector of the first grade] may, notwithstanding anything as aforesaid, cancel the [sale, lease], [gift or exchange], contract or agreement or vary the terms thereof unconditionally or subject to such conditions as he may think fit :
Provided that no order under this sub-section shall be passed by [the Assistant Collector of the first grade] without affording an opportunity of being heard to the parties to the [sale, lease], [gift or exchange], contract or agreement.
(3) Where the terms of any [sale, lease],[gift or exchange], contract or agreement have been varied by [the Assistant Collector of the firs grade] under subsection (2), the variation shall, notwithstanding anything contained in this Act or the shamilat law or in any law for the time being in force, be binding on the parties to the [sale, lease], [gift or exchange], contract or agreement, as the case may be.
(4) Where the vendee, lessee, 6[donee] or the person with whom a contract or agreement has been entered into by a Panchayat refuses to accept the variation made by 1 Inserted by Punjab Act 19 of 1964, section 4.
2 Substituted by Haryana Act 47 of 1973.
3 Substituted for the words “Leases” by Haryana Act 34 of 1974.
4 The words “gift and exchange” inserted by Haryana Act 8 of 2007.
5 Substituted by Haryana Act 47 of 1973.
Utilisation of income Bar of compensation Power of 1 [Assistant Collector of the first grade] to cancel or vary [sales, lease, gift or exchange] etc. of lands vested in panchayats 13 [the Assistant Collector of the first grade] under this section in the terms of 1[xxx] [sales, lease],[gift or exchange], contract or agreement, such 2[sale, lease], [gift or exchange], contract or agreement, as the case may be, shall be deemed to be cancelled by 3[the Assistant Collector of the first grade] under this section with effect from the date of such refusal.
(5) Where under this section any sale, lease, [gift or exchange], contract or agreement is cancelled or deemed to be cancelled or its terms are varied, the vendee, lessee, [donee] or the person with whom the contract or agreement has been entered into be assessed by [the Assistant Collector of the first grade] for any loss or damage caused to the vendee, lessee, [donee] or such person which naturally arose in the usual course of things from such cancellation or variation :
Provided that no such compensation shall be given for any remote and indirect loss or damage sustained by reason of such cancellation or variation.
(6) Notwithstanding anything contained in any law for the time being in force, the amount of compensation awarded by [the Assistant Collector of the first grade] under this section shall be payable by the panchayat in the prescribed manner and shall be a valid charge on the sabha fund.
(7) Any party to a [sale, lease], [gift or exchange], contract or agreement aggrieved by any order of [the Assistant Collector of the first grade] made under this section may, within a period of thirty days from the date of such order, appeal to 4[the Collector] whose decision thereon shall be final.]
11. Notwithstanding anything contained in the Punjab Pre-emption Act, 1913, no sale of land in shamilat deh made by a panchayat shall be pre-emptible and no decree of pre-emption in respect of any such sale shall be executed after the commencement of this Act.
12. Any arrears of rent payable to a panchayat in respect of any land in shamilat deh vested or deemed to have been vested in it under this Act or the shamilat law 5[or any amount assessed under sub-section (2) of section 7] shall be recoverable as arrears of land revenue.
6[13. No civil court shall have jurisdiction----
(a) to entertain or adjudicate upon any question whether----
(i) any land or other immovable property is or not shamilat deh;
6 The word “donee” inserted by Haryana Act 8 of 2007.
1 Omitted by Haryana Act 34 of 1974.
2 Substituted for the words “Leases” by Haryana Act 34 of 1974.
3 Substituted by Haryana Act 47 of 1973.
4 Substituted by Haryana Act 47 of 1973.
5 Inserted by Haryana Act 23 of 1973.
6 Substituted by Haryana Act 34 of 1974 and further substituted by Haryana Act 2 of 1981 and shall be deemed to have been substituted w.e.f. the 4th day of May, 1961..
Sales of land in shamilat deh not to be preemptible.
Rent of shamilat lands to be recoverable as arrears of land revenue.
Bar of Jurisdiction 14
(ii) any land or other immovable property or any right, title or interest in such land or other immovable property vests or does not vest in a panchayat under this Act;
(b) in respect of any matter which any revenue court, officer or authority is empowered by or under this Act to determine; or
(c) to question the legality of any action taken or matter decided by any revenue court, officer or authority empowered to do so under this Act.]
1 [13A.(1) Any person or in the case of a panchayat either the panchayat or its Gram Sachiv, the concerned Block Development and Panchayat Officer, Social Education and Panchayat Officer or any other officer duly authorised by the State Government in this behalf, claiming right, title or interest in any land or other immovable property vested or deemed to have been vested in the panchayat under this Act, may file a suit for adjudication, whether such land or other immovable property is shamilat deh or not and whether any land or other immovable property or any right, title or interest therein vests or does not vest in a panchayat under this Act, in the court of the Collector, having jurisdiction in the area wherein such land or other immovable property is situated.
Provided that no suit shall lie under this section in respect of the land or other immovable property, which is or has been the subject matter of the proceedings under section 7 of this Act under which the question of title has been raised and decided or under adjudication.
(2) The procedure for deciding the suits under sub-section (1) shall be the same as laid down in the Code of Civil Procedure, 1908 (Act 5 of 1908).