In this Act, unless the context otherwise requires,- 1 [(a) "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;
2[(aa) "Commissioner" means the Commissioner of the Division and includes any other officer not below the rank of a Joint Director, Panchayats, 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) Ordinances 2006 Bk.
3[(bb) ''hilly area'' means-
(i) [- ]
(ii) Dharr Kalan Block in Gurdaspur District;
(iii) Hoshiarpur, Bajawara, Bhungra, Talwara, Dasuya, Mahilpur, Balachaur, and Saroya Blocks in Hoshiarpur District.
____________________
1. Substituted by Punjab Act No. 19 of 1976, section 2(1)
2. Substituted by Punjab Act No. 19 of 1976, section 2(1)
3. Clause (bb) was inserted by Act No. 19 of 1964 and was substituted by Punjab Act No. 13 of
1965. Vide Punjab Act No. 13 of 1965 sub-clause (i), (iii) & (iv) of clause (bb) were substituted.
Vide Punjab Adaptation of Laws of (State & SC) Order. 1968 clause (bb) was adapted in the present form.
2
(iv) Rupar, Majri, Nurpur, Bedi and Anandpur Sahib, Blocks in Rupar District;].
( c) "house" includes a courtyard whether walled or not;
(d) "inhabitant of a village" means a person , whether a proprietor, or a non- proprietor who ordinarily resides in the village:
Pr.ovided that temporary absence or absence in relation to employment elsewhere shall not effect his residence in the village;
1((e)"Panchayat" means a Gram Panchayat constituted under the Punjab Gram Panchayat Act, 1952.]
(f) "prescribed" means prescribed by the rules made under this Act· I
(g) "shamilat deh" includes- ( 1) lands described in the revenue records as shamilat deh excluding abadi deh;
(2) shamilat tikkas;
(3) lands described in the revenue records as shamilat, Tarafs, Pattis, Pannas and Tholas and used according to revenue records for the benefit of the village community or a part thereof or for common purp 0 .>es of the village;
(4) lands used or reserved for the benefit of the village, community including streets, lanes, playgrounds, ·school, drinking wells , or ponds within abadi deh or gorah deh;
and
(5) lands in any village described as banjar qadim and used for common purposes of the village, according to revenue records;
2[----] but does not include land which-
(i) 3(-----]
(ii) has been allotted on quasi-permanent basis to a displaced person ;
4 [(ii-a) was shamilat deh, but, has been allotted on quasi permanent basis to a displaced person, or, has been otherwise transferred to any person by sale or by any other manner whatsoever after the commencement of this Act, but on or before the 9th day of July, 19.85.]
1 Substituted by Punjab Act No. 19 of 1976, section 2 2 Proviso to sub-clause (5) omitted by ~unjab Act No. 19 of 1976.
3 Omitted by Punjab Act No. 19 of 1976.
4 Inserted by Punjab Act No. 8 of 1995.
3
(iii), has been partitioned and brought under cultivation by individual landholders before the 26th January, 1950;
(iv) having been acquired before the 26th January, 1950, by a p~rson by purchase or in exchange for proprietary land from a co-sharer in the shamilat deh and 1s so recorded in the Jam.abandi or is supported by a valid deed; 1[and is not.in excess of the share of the co sharer in the shamilat deh].
(v) is described in the revenue records as Shamilat, Taraf, Pattis, Pannas, and Thola and not used; according to revenue records for the benefit of the village community or a part thereDf or for common purposes of the village;
2[(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] ;
(vii) 3 (-.----]
(viii) was shamilat deh, was assessed to land revenue and has been in the individual cultivating · possession of co sharers not being in excess of their respective shares in such shamilat deh on or before the 26th January, 1950;
or 4[(ix) wa~ being us~d as a place of worship or for purposes, subservient thereto, jmmediately before the comm·encement of this Act;]
(h) "shamilat law" means-- ·
(i) in . relation to land situated in the territory which immediately before the 1st November, 1956, was comprised in State . o~ Punjab, the Punjab Village Common Lands (Regulation) Act, ·1953; or
(ii) in relation to land situated ·in territory which immediately before the 1st November, 1956, was comprised in State of Patiala and East Punjab States Union; the Pepsu Vil!age Common Lands (Regulation) Act, 1954;.
(i) "State Government" means the Government of the State of Punjab.
1. Added by Punjab Act No. 19 of 197~.
2. Substituted by Punja~ Act No. 19 of 1976.
3 Omitted by Punjab Adaptation· of Laws of (State & SC) Order, 1968:
4. Substituted by Punjab Act No. 19 of 1976.
4