(1) Subject to the provisions of sub-rule (1) of 1[rule 4 and sub-rule
(3) of rule 6], all leases of land in shamilat deh shall be by auction after making publicity in the manner laid down in sub-rule 10. All documents executed in this connection shall be signed by a Sarpanch or in his absence, 2 [----] by a panch performing the duties of sarpanch and 3[two other Panches authorised for the purpose by the Gram Panchayat.] "
Provided that--
(a) one-third of the cultivable land proposed to be leased, shall be reserved for giving on lease by auction to the members of the Scheduled Caste only and, if on two different dates fix~d for auction no such person is forthcoming or the Panchayat Samiti refused to confirm the auction under clause 2 (a) (i)
1.Substituted for "rule 4" vide Notification.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).
2. Words added by Leg. Suppl. Part 111, dt. 19-11 -1976 page 753 and omitted vide Leg. Suppl.
• Part Ill dt. 23-2-1979, page 103.
~. Substituted for (two others panches of the gram panchayat) by Rule 2 (ii) of the Punjab 1st Amendment Rules, 1974 Rule 3(1).
18 the reservation shall cease to have 1 [effect. However the aforesaid condition shall not apply on the land whi~h is leased out under sub-rule (3).] and 2[(b) any Sarpanch 3 [---] or panch· or member of his or her family such as father, father-in-law, mother, mother-in-law . I grandfather, grandfather-in-law, grandmother, grandmotherin-law, wife, husband, son, grandson or . any oth~r relative dependent on him or her shall not be allowed to bid for the auction and to take land in shamilat deh on lease.]
(2) Lease of land in shamilat deh already under plough shall not be given for a period e~ceeding ~[three years], while that of land, not un9er plough and infested with trees, bushes, etc. may be given Jor a period not exceeding 5[s.even years] to the highest bidder. The. auction $hall be subject to the approval of:-- ....
; .
(a) , the Panchayat S.arniti.- . . '
(i) 6[where. the area does not exceed 100 acres and the highest bid of the lease at the auction is less th.an the average lease rate of the similar shamilat lands .°fh the preceding year; or] . (ii) where the area exceeds 100 acres, but does not 500 acres; i .. /.
(b) the Zila Parishad.~- where the area exceeds 500 acres, but does not exceed 1000 acres.
(c) the Government.-- where the area. exceeds 1000 acres.
7[Provided that the Panchayat shall, within seven days of the date of auction, apply for approval of the Panchayat Samiti, Zila Parishad or the Government . as .the case may be, which shall accord the approval wi.~hin a period, not exceeding one month from the date of a~ction of the lease; and]
Provided 8[further] that on the application of the lessee made before the expiry of the lease, the Panchayat may renew the lease for
1.Substituted for . the words and sign "effect;" vide Notification 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, '201 4 (VYSK 18, 1936 SAKA) (w.e.f. 8.5.2014).
2~ Substituted by Punjab Amending Rules, 1976, Leg. Suppl. Part. 111, dated 19-11-1976, page .. ,
753.·
3. Omitted by Leg. Suppl. Part. Ill, dated 23-2-1979, page 103.
4. Sul;>stituted vide Punjab Govt. Gaz. (Extra) L.S. Part Ill dated 20.4.1995.
5. Substituted vide Punjab Govt. Gaz. (Extra) LS. Part Ill dated 20.4.1995.
'
6. Substituted vide Punjab Govt. Gaz. L.S. Part Ill dated 9-11-1976 page 753.
7. Added vide Punjab Govt. Gaz. Notification dated 4-2-1974.
8. Adc;ied vide Punjab Govt. Gaz. Notification dated 4-2-197 4.
19 · a period ·not exceeding tw~ years at a t!me., ·if it con.sider~ t~at renewal of lease is in the interest o~ better cult1vat1on and 1s sat1sf1ed that the lessee has· made -improvements by rendering such land .fit for cultivation or has made improvements by digging a well or installing a pumping set or ·a tube-well ·or constructing a pucca structure on such land:
Provided further that ·the annual rent of such l~nd for which .lease has been renewed shall be determined by the Collector or the officer appointed by him for the purpose on the basis of market rental value of similar lands in the neighborhood. · 1[(3) The land vested in a Gram Panchayat, may be le~sed out up to a period of thirty-three years with the prior approval of the State .Government for industrial, commercial , educational 1 or such other professional purpo.se in terms of the policy framed . by the· State Government from time to time for giving the aforesaid land on lea~e.
The lease of the said land may further be :renewed keeping in view the public interest, for a period not exceeding the aforesaid period of.
thirty..:three . years or for a lesser · period, as may be agreed upon between the parties:
Provided that, - · · ·
(i) the lessee shall not create encumbrance on the leased land either by mortgaging or in any other mode; . and ·
(ii) a lease deed signed .under this rule, may be cancelled if it is found that the lessee is,-
(a) ·misusing the·iand;
2{(b)does not start the work on the · said land within a period of one year of the date of . taking over the possession. and thereafter does . not co'mplete the project within a period of three . years or the time· period as may be specified by the Government
1.Substituted for sub-rule (3) vide Notification 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 sub-rule (3) was read as under:-- "[(3) All lands vested in a Panchayat may be leased out by auction or on such terms and conditions, as may be agreed upon between the parties up to the period of 33 years for industrial, commercial, educational or professional purposes with the prior approval of the State Government.]"
2. Substituted for clause (b) vide Notification No. G.S.R.39/P.A.18/1961/S.15/ Amd./(23)/2015 dated the 5th June, 2015, published in Punjab Government Gazette, dated J°une 8, 2015 (JYST ' 18, 1937 SAKA) (w.e.f. 8.6.2015). Prior to substitution clause (b) was read as under:-- . "(b) does not start the work on the said land within a period of one year of the date of taking ..
over the possession and thereafter does not"c;omplete the project within a period of two years;"
20 Departments, Boards, Corporatio.ns. or the Punjab Energy Development Agency, while sanctioning the project or scheme, whichever is later.} · . (c) violating the terms .and conditions of the lease deed or the sanction accorded by the Government, as the · ca_se may be; and 1{(d)the private persons or private institutions or project implementers (given in serial nu.mbers 1,2,3 and 6 of the Table, respectively, .in sub-rule 3-A), to whom the land is given on lease, further sub-leases the land to a third person.} .
2[Provided further that in the cases of solar and other renewable energy power projects which are approved by the Department- of power or" by ·the Punjab Energy Development Agency,· the authority competent to accord prior approval, shall be the Deputy Commissioner of the district concerned.]
(3-A) ( 1) The State Governm~nt shall permit a Gram Panchayat to lease out ·its land to the following .persons specified iq column 2 ·of the Table given below in the proportion :as . specified in column 3 of the . i said Table, namely:- · Serial No.
1 1 2 · 3 TABLE Category of persons . Area cou Id be leased out of the total land 2 3 P_rivate persons· or private Fifty perce~t institutions.
Governm.ent Departments, Bo~rds or Fifty percent Corporations, for the projects of ·public interest, which are to be implemented .through private persons or private institutions:
·Department of .Power or Punjab Seventy-Five percent 1 . . Substituted for clause (d). vide Notification No. G.S.R.39/P.A.1S/1961/S,15/ Amd./(23)/2015 dated the 5th June, 2015, published in Punjab Government Gazette, dated June .8, 2015 (JYST 18, 1937 SAKA) (w,e.l 8.6.2015). Prior to substitution clause (d} was read as u(ider:-- "(d) the private persons or private institutions or projects implementers (given in ·serial no.1, 2 and 3 of the Table, respectively, in sub-ru_le 3-A), to whom the land is given on lease, further sub leases the land to a third person."
2. Added by Punjab Village Common Lands (Regulation) (Second Amendment) Rules 2014 vide Notification No. G.S.R. 52/P.A.18/1961/S.15/Amd.(22)/2014 dated the 30th September, 2014, published in Punjab Govt. Gaz.· (Extra), L.S. Part Ill , dated September 30. 2014 (ASVN 8, 1936 SAKA). (w.e.f . 3o".9.2014) 21 ----------- 4 Energy Development Agency, for setting up of solar and other renewable energy power projects, approved by them and executed through their approved project implementers.
Cow Shelters (Gaushala), Drug De addition Centres·, Old Age Homes, Centre for Orphans or Schools, for Specially challenged children, duly sponsored or recommended by the concerned Administrative Departments.
Fifty percent 5 . Government Departments or Boards No limit.
or Corporations, as the case may be, ·established by the Government, for their own projects.
1 (6 Government Departments, No Limit · Boards or corporations, private .
persons or private institutions for ·.
setting up solar parks·, industrial parks, information technology parks, food processing parks, textile parks, special economic zones or any such similar investment cluster.
Explanations: ( 1) Notwithstanding any prov1s1on to the contrary to these rules, the lessee as mentioned at serial number 6 shall be allowed to sublease land or sites or space to appropriate category of persons:
Provided that only up to seventy five percent of the shamlat land taken · on lease, can be further leased out or rented out for the same. purpose, the land was originally leased ouL The lease money regarding sub leased land shall be determined by increasing ten percent of .the original lease money only on subleased or rented out land excluding roads and common facilities and the same shall be deposited i.n the account of the concerned Gram Panc~ayat by the original lessee. The sub- lessee cannot be allowed to further lease out such piece of land.
1. Added vide Notification No. G.S.R.39/P.A.18/1961/S.15/ Amd./(23)/2015 'dated the 5th June, 2015, published in Punjab Government Gazette, dated June 8, 201 S (JYST 18, 1937 SAKA) (w.e:·f. 8.6.2015).
22
(2) "Private Persons" includes any legal entity (Juridical person) such as a company, society, association, Special Purpose Vehicle (SPV).]
1[Provided· that for the persons referred to in serial number 3 of the Table, the authority competent to permit a Gram Panchayat to lease out its land, shall be the Deputy Commissioner of the district concerned.]
(2) For the purposes of fixation of rates for selling Panchayat land under rule 12~A. the reserve price for giving Panchayat land on lease as mentioned in Serial No. 1 of the Table, and for fixation of the lease rates for Serial Nos. 2 to 5 of the said Table, there shall be a Committee called the Price Fixation Committee, which shall consist of the following: -
(a) the Deputy Commissioner of the district concerned;
(b) the District Development and Panchayat Officer of the district conce~ned ;
(c) the District Revenue Officer of the district concerned;
( d) the Block Development and Panchayat Officer of the Block concerned;
( e) a representative of the concerned Government Department, Board, Corporation or Local Authority, as the case may be; and
(f) the Sarpanch of the Grarn Panchayat concerned.
(3) The rates fixed by the aforesaid Committee, shall remain in force for a period of six months.]
(4) All ponds used for the plantation of Shingharas and for stocking fish may be auctioned in the. month of September every year.
2[Provided that where a Department of Government of Punjab or of the Government of India or . a member of the Fish Farmer Development Agency sponsored by the Government desires to take a pond .on lease for rearing fish, the Panchayat may lease it to such Department for a period, not exceeding fifteen years or to such members for a period not exceeding ten years as may be agreed upon between the parties.
Provided further that the reserve price of. such lease shall not be less than six hundred rupees per acre per year and shall after the expiration of first two years of lease period, be subject to an annual
1. Added by Punjab Village Common Lands (Regulation) (Second Amendment) Rules 2014 vide Notification No. G.S.R. 52/P.A.1 8/1961/S.15/Amd.(22)/2014 dated the 30th September, 2014, published in Punjab Govt. Gaz. (E,xtra), L.S. Part Ill , dated September 30, 201 4 (ASVN 8, 1936 SAKA). (w.e.f. 30.9.2014)
2. Substituted by the G.S.R'. 49 P/A/18/6·1/S.15 dated 22-5-1984.
23 increase of ten percentum of the lease money on which the lease was originally granted.]
1[(5) The leases of lands in shamilat deh for extraction of shora;
sand, stone, kankar, bajari and other minor minerals as defined in Punjab. Minor Mineral Concession Rules, 1964, and grass, kahi and similar other products, shall. be auctioned at a time to be determined by the Panchayat when it may be considered to be of maximum advantage for all the in.habitants of the village.]
(6) The Panchayat may auction every YE?ar the surplus. and useless trees. All trees standing on the land in shamilat deh shall be marked with · numbers and these numbers shall be specific~lly mentioned in the auction notice and the lease deed.
2[(6-A) (a) The approximate value·ofthe surplus and useless trees to be auctioned by a .Panchayat shall be got determined by. it by the · Forest Depa.rtmerit. · 3{(b) The auction of the trees shall be held as· per the policy determined by the Government from time to time.}] ·
(7) 4 [The leases of cultivable land in shamilat deh shall be auctioned for rent-ih-cash at a time to be determined by a District Development and Panchayat Officer concerned for his district to the maximum· advantage of the inhabitants of the village and the annual le.ase money shall be paid as under]:--. .
(a) for the first year of the lease, one fourth of the annual -rent ·shall be paid by the bidder on the spot and· the remaining three-fourth, before the possession of the land is delivered to him:
Provided that the possession of the I.and· shall .not be de!ivered by the Panchayat to ·the lessees concerned earlier than February next. Where in any land uncut or ungathered crops, of the previous lessees are standing in ·any part thereof, the possession of that part shall be delivered when the crops have ripened and the person concerned has been allowed a· reasonable time to harvest them.
. .
(b) . For the remaining years of lease, if any, the annual rent shall .
be paid in advance in· February every year.
5[(7-A) (a) The auction of lease of-land in shamilat deh; shall be held in presence of:-.:.
1. Substituted vide Punjab Govt. Gaz. Notification dated 18-7-1967.
2. Inserted by Pb. Govt. Gaz. (Extra) L.S. Part Ill dated 25-1-1990.
3. Substituted vide Pb. Govt. Gaz. {Extra) LS. Part Ill dated 16.3.2000.
4. Substituted vide Pb. Govt. Gaz. LS. Part Ill dC:lted 19-1.1-1976 at page 753:-756
5. Inserted by Pb. Govt Gaz. LS. Part Ill dated 19-11-1976 at page 753-756.
24
(i) 1{Social Education and Panchayat Officer of the Block or the Extension Officer authorised by the Block Development and Panchayat Officer}, where the land does not exceed twenty acres;
("ii) Block Development and Panchayat Officer of the Block where the land exceeds twenty acres but does not exceed one hundred acres;
(iii) District Development and Panchayat Officer of the District-where the land exceeds one hundred 2{acres:} 3{Provi.de~ that when the land is to be leased under sub-rule
(3), in that case the aforesaid condition shall not be applicable. For such lease, the procedure as laid down in the policy framed by the State Government under the said sub-rule (3) , shall apply.}
(b) Where the lease money in the auction of shamilat land is less than that of previous year, the gram panchayat, conducting the auction shall obtain the approval of the Panchayat Samiti on the recommendation of:
(i) The Block Development and Panchayat Officer -- where the auction was held in the presence of the 4[Social Education . and Panchayat Officer or the Extension Officer];
(ii) The District Development and Panchayat Officer -- where the auction was held in the presence of Block Development and Panchayat Officer;
(iii) The Divisional Deputy Director Panchayati Raj -- where the auction was held in the presence of the District Development and Panchayat Officer;]
5[(8) In every case of lease. a lease deed shall be duly executed by the lessee, and the lessee shall · surrender to the Panchayat possession of the. land leased to him, after the expiry of the period of lease] .
1 . Substituted by Pb. Govt. Gaz. LS. Part Ill dated 15-7-1977 page 465.
2.Substituted for the word and sign "acres:" vide Notification 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).
3.lnserted vide Notification 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).
4 . Substituted by Pb. Govt. Gaz. L.S. Part Ill dated 15-7-1977 page 465.
5 . Substituted vide Pb. Govt. Gaz. L.S. Part Ill dated 19-11-1976 at page 753.
25
(9) The Panchayat may, by resolution passe·d in this behalf, entrust the auction of lease_ of any land in shamilat deh vested in it to the Panchayat Samiti which may depute its 1[Executive. Officer] to conduct the auction, after giving due publicity in the manner specified in sub-rule (10), at the cost of the Panchayat.
(10) (1) The publicity to lease auction programme shall be given fifteen days before the date of auction , by specifying the description of land, the date, time and place fixed for auction of lease:-- ( a) through any vernacular newspaper 2[with wide circulation as approved by the Government and where the auction of stone quarries, bajri or other minor mineral etc. is to be held, also through an English newspaper with wide circulation, as approved by the Government],
(b) by pasting a copy of the auction notice on outer door of the Panchayatghar, village Patwar Khana offices of Panchayat Samiti and Zila Parishad at some other conspicuous places of Shamilat Deh or of the estate in which the Shamilat Deh is situated, and
(c) by beat of drum within the Sabha area.
(2) The terms and conditions of auction shall be announced at the time of auction.
1[6-A. Lease of Kallar (salt) land in shamilat deh for reclamation.- Where after survey conducted by the department of the Government or . by an institution authorised in this behalf, it is found that the shamilat land of any Parichayat contains Kallar (salt) such Panchayat may lease out the said. ' land 2{by} auction for the purpose of
1. See Pb. Govt. Gaz. Notification dated 18.07.1967.
2 . Added by Pb. Govt. Gaz. Notification No. 19. dated 4"2~ 197 4.
1. Rule 6-A. Added by Pb. Govt. Gaz. Notification No. 90 dated 27.6.1973 . .
··2. Substituted vide Pb. Govt. Gaz. Notification No. 132 L.S. Part Ill dated 19.11 .1976 Page 753.
26 reclamation to 1{any person or} such Department or the institution on the terms and conditions agreed upon between the parties for a period, not exceeding ten years on an annual rent of not less than ten rupees per. acre. TheAease shall be subject to the approval of:--
1. The Panchayat. Samiti -- Where the area exceeds 100 acres but does not exceed 500 acres. · II. Zila Parishad -- Where the area exceeds 500 acres, but does not exceed 1000 acres.
Ill The Government -- Where the area exceeds 1000 acres].