section 10A
Power of Assistant Collector of the first grade to cancel or vary sales or leases etc. of lands vested in panchayats
The Haryana Village Common Lands (Regulation) Act, 1961General196129 sections
Statutory text
- (1) Notwithstanding anything contained in this Act or the shamilat law or any other law for the time being in force, the Assistant Collector of the first grade may call for from any panchayat in the area of his jurisdiction the record of any sale, lease, gift or 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 or gift, exchange, contract or agreement is entered into before or after the commencement of the Punjab Village Common Lands (Regulation) Amendment Act, 1964, and examine such record for the purpose of satisfying himself as to the legality or propriety of such sale, lease, gift or 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, 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 the 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 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 of exchange, contract or agreement have been varied by the Assistant Collector of the first grade under sub-section (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 or the person with whom a contract or agreement has been entered into by a Panchayat refuses to accept the variation made by the Assistant Collector of the first grade under this section in the terms of sale, lease, gift or exchange contract or agreement, such sale, lease, gift or exchange, contract or agreement, as the case may be, shall be deemed to be cancelled by 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 varied, the vendee, lessee 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 the Collector whose decision thereon shall be final.
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