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Section 5

The Haryana Village Common Lands (Regulation) Act,1961State Act of Haryana · Act 18 of 1961

(1) All lands vested or deemed to have been vested in a panchayat under this Act, shall be utilized or disposed of by the panchayat, for the benefit of the inhabitants of the village concerned in the manner prescribed:

Provided that where two or more villages have a common panchayat the shamilat deh of each village shall be utilised and disposed of by the panchayat for the benefit of the inhabitants of that village:

Provided further that where there are two or more shamilat tikkas in a village the shamilat tikka shall be utilised and disposed of by the panchayat for the benefit of the inhabitants of that tikka:

Provided further that where the area of land in shamilat deh of any village so vested or deemed to have been vested in a panchayat is in excess of twenty-five percent of the total area of that village (excluding abadi deh) then twenty-five percent of such total area shall be left to the panchayat and out of the remaining area of shamilat deh an area up to the extent of twenty-five percent of such total area shall be utilized for the settlement of landless tenants and other tenants ejected or to be ejected of that village and the remaining area of shamilat deh, if any, shall be utilized for distribution to the small landowners of that village subject to the provisions relating to 2[permissible area 1 Substituted by Haryana Act 47 of 1973.

2 Substituted by Haryana Act 23 of 1973.

Regulation of use and occupation etc. of lands vested or deemed to have been vested in panchayats.

9 under the Haryana Ceiling on Land Holdings Act, 1972, by the Assistant Collector of the first grade] in consultation with the panchayat 1[in such manner and on payment of such amount as may be prescribed.]

(2) The area of shamilat deh to be utilized for the purposes of the third proviso to sub-section (1) shall be demarcated by such officer in consultation with the panchayat and in such manner as may be prescribed.

(3) The State Government or any officers authorised by it in this behalf may from time to time, with a view to ensuring compliance with the provision of the second proviso to sub-section (1) or sub-section (2), issue to any panchayat such directions as may be deemed necessary.

2[(4) Nothing contained in the third provision to sub-section (1), and in subsection (2) and sub-section (3) shall apply to the hilly area.]

3[(5) Notwithstanding anything contained in this section, if in the opinion of the State Government, it is necessary to take over, to secure proper management for better utilization for the benefit of the inhabitants of the village concerned any shamilat deh the Government may by notification take over the management of such shamilat deh, for a period not exceeding twenty years.

4[* * * * * * *]

(6) The income from the shamilat deh, the management of which is taken over under sub-section (5), after meeting all charges relating or incidental to the management and utilisation, shall be credited to the Gram Fund and utilised for the benefit of the inhabitants of the village concerned.]

Where this provision sits

ActThe Haryana Village Common Lands (Regulation) Act,1961
Section5
JurisdictionState of Haryana
StatusIn force as published by the source

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