( 1) A Panchayat may, with the previous approval of the Government, sell land in ?hamilat Deh vested in it under the Act for:--
(i) the purpose of constructing building for Block Samiti Office or any department of or institution recognised by the Government;
(ii) the purpose of any industrial or commercial concern; or
(iii) executing such a scheme as may be a source of recurring inc.ome for the benefit of the inhabitants of the village;
1[(iv) residential purpose of the inhabitants of the village.] · 2[(v) for the_ purpose of financing the construction of building for schools and for veterinary and civil dispensaries in the Sabha area]. / · ···
(2) Where it is proposed to sell the land in Shamilat Deh under sub-rule (1 ), .the Panchayat sha.11 forward to ·Government a copy of its resolution passed by a majority. of the three-forth of its members proposing to sell the land through the Panchayat Samiti q.nd 3[Divisional Deputy Director, Panchayati Raj] stating-- ··
(a) the area ·and location of the land proposed for sale;
(b) the estimated income from the sale and whether the income would increase, if the land is sold after some ye.ars;
1. Added vide Pb. Govt. Gaz. L.S. Part Ill dated 18-7-1967
2. Substituted vide Pb. Govt. Gaz. L.S. Part Ill dated '18-7-1967
3. Added vide Pb. Govt. Gaz. L.S. Part Ill dated 18-7-1967
1. Clause (iv) inserted by the Pb. Amendment Rules 1974; G.S.R.19 dated 4-2-1974 I
2. Clause (v) added by the Pb. Amendment Rules 1978; L.S. Part Ill, dated 7-4-1978, page 187
3. (Divisional Deputy) substituted for (DC) by Pb. Amendment Rules 1976: L.S. Part 111, dated
19.11-1976, page 753.
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(c) the reasons as to why the Panchayat wants to sell the land and the plans for utilization of the income from the sale.
(3) The publicity for sale of land in Shamilat Deh by auction shall be made by the Deputy Commissioner in accordance with the procedure laid down in sub-rule (10) or Rule 6 on receipt of the approval of Government who shall also decide whether the land should be sold in one or more lots and the _officer who should be present at the auction.
1 [12-A. Transfer of . land by sale.-- ( 1) Notwithstanding anything contained in. these rules, any Panchayat, with the previous approval of
1.Substituted vide Noiification No. G.S.R. 26/P.A.18/1961/S.15/Amd. (21)/2014 dated the 2nd May, 2014 published in Punjab Govt. Gaz. (Extra), dated May 08, 2014 (VYSK _18, 1936 SAKA) (w.e.f. 8.5.2014). Prior to substitution Rules 12-A was read as under:-- "12-A. Transfer of Land.-- Notwithstanding anything contained in these rules. a Panchayat may, with the previous approval of the State Government, transfer the Shamlat Land vested in it by the ways and subject ·to ·.
the terms and conditions. mentioned below :--
(a) By way of sale to any Government Department, its Boards, Corporations or local .
authorities for their projects or schemes .. and for the projects, sponsored· or aided by the State Government in whic;_h the share of the State Government is not less than 50 per ··~ ..
cent: and
(b) By way of lease up to fifty per cent of the culturable area of Shamlat Land, vested in a Panchayat up to a period of 33 years to any corporation, company, body corporate or any legal entity, whose projects or schemes have been approved and sponsored by any of the ( Administrative Departments of the State Government under any law or policy, [notified by the State Government:
Provided that for the purpose of establishing Power Grids. the culturable area of such Shamlat Land that may be transferred by way of lease by a Panchayat to the State Transmission 31 the State Government, may transfer the Shamlat Land vested in it by way of sale "'to any Government Department, Board. Corporation or local authority for their own projects or schemes or for the projects sponsored or aided by the State Government, having not less than fifty percent share in such projects, on such rates as may be determined by the Committee constituted in clause (2) of sub-rule (3- A) of rule 6:
Provided that, -
(i) the State Government and the Gram Panchayat concerned, on the recommendations of the sponsoring department, are satisfied that such transfer of Shamlat Land· or the terms and conditions of such transfer of. the said land, is in public interest and is also in the interest of the Gram Panchayat concerned;
Corporation Limited. may exceed the above s·aid limit of fifty per cent:
Provided further that-]
(i) both the Panchayat and the State Government. on the recommendations of the sponsoring department. are satisfied that such transfer. and the terms and conditions thereof, are in public interest as well as in the interest of the Panchayat
(ii) the sponsoring Department independently certifies that the area of the land sought to be transferred. shall 'be commensurate with the requirem.ents of the project or scheme. and that such land is an essential component for the implementation of such project;
(iii) the transferee shall not use the land for any purposes, other than those, for which the shamlat land, has been transferred. However. if the circumstances .warrant that the shamlat land is to be used for any purpose. ot~er than that, for which, it was transferred, then the State Government may' allow such change of use of land;
(iv) the price of the sh1:1mlat land shall be determined by the District Price Fixation .Committee headed by the Deputy Commissioner and . comprising among others, the District Dev~lopment and Panchayat Officer of t11~ .District and the concerned Block Development .--· .. . . . '.' ' _,_.
and Panchayat Officer and the Sarpanch of the concerned Panchayat. The land shall be transferred on the price, to be determined. by the said Committee. The Price determined by the Committee shail be valid for three months only from the date of determination;
(v) the Panchayat shall be competent to transfer the land. free of cost or at a reduced price, .
for the Government projects. which are of benefit to the Panchayat;
(vi) the rate of lease shall be fixed by the State Government after taking into consideration, the price of the land and other relevant factors. The .lease would ·initially be fo( a period of 33 years but thereafter renewable in public interest; and
(vii) the possession of the shamlat land shall be delivered to the transferee only after due payment of the sale price or the lease money, as the case may be, to the Panchayat.
Explanation.-- For the purposes of this rule.,..--
(1) Project or Scheme means any project or scheme of public interest, which has been approved as such by the competent authority c:is per the relevant law or any policy, notified by the $~ate Government.
(2) Sponsoring Department means Administrative Department of the State Government.
which sponsors the proposal for transfer of shamlat land."
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(ii) the sponsoring Department, shall also certify that the land sought to be transferred, shall commensurate with the requirements of the project nr scheme, and the same is an essential component for the implementation of such project; .
(iii) the transferee, shall not use such land for any other purpose, other than those for which it , has been transferred. However, if the circumstances warrant that the said land is to be used, for any purpose other than the purpose, . for which it was transferred, in that case, permission of the State Government shall be obtained, for such other use of the said land; and ·
(iv) the possession of the land, shall bei handed over to the transferee, only after payment of the total sale price to the Gram Panchayat concerned .] . .
1[(2) The abandoned paths -(Rastas) or water-courses (khals) not under use in shamlat deh falling in All Government licensed projects, may also be transferred by sale in accordance with the laid down procedure.]
1 [~3. Purpos~s for which land . may be gifted.-- A Panchayat may, with the previous appr9val of the Deputy Commissioner. concerned gift land in shamlat deh vested in it under the Act, for th.e following· purposes, namely:-- . . .
(a) for constructing electrical power grid sub-station by the Punjab State ·Transmission Corporatio_n Limited or by the Punjab Stat~ Power Corporation Limited;
(b) for implementing water supply . scheme, initiated by the State Government;
( c) for opening Government school;
(d) for constrLiGting Government Health .Dispensary;
(e) for setting up purchase centres and market yards for food grains by the Punjab Mandi Board ; and
(f). for constructing any building by any ·department of the State Government.] ·· .1. Substit~ted . by .. · THE PUN~AB VILLAGE COMMON LANDS (REGULA Tl ON) FIRST AMENDMENT RULES, 2010 vide Notification No. DP-LD.2/2010/34: dated June 14 .. 2010 ~nd was published in the Punjab -Government Gazette (Extra.) date.d June 22, 2010 (ASADHA 1, 1932 SAKA}, prior to substitution Rule 13 was read as under:.-- "13. Purpose for which land may be gifted.- A Panchayat may gift land in Shamlat Deh, vested in it under the Act for the purpose of hospital. dispen_sary or educational or charitable institutions with the previous approval of the State Government."
33 1[13-A. Giving of the land to landless worker.-- A Panchayat may, with the previous approval of the Government, give land in shamilat deh fre.e of cost, to a landless worker residing in the Sabha area for construction of a house for his residence: ·
Provided that the landless worker to whom such land is given, shall not be entitled to sell, exchange or mortgage it except mortgaging it for the purposes ·of raising loan to construct a house on it. J