Punjab Land Revenue Act, 1887 (17 of 1887) or the Himachal Pradesh Land Revenue Act, 954 (6 of 1954) as the case may be.

Vesting of rights in the State Government.- Notwithstanding anything to the contrary contained in any other law for the time being in force or in an agreement, instrument, custom or usage or any decree or order of any court or other authority all rights, title and interests including the contingent interest, if any, of the landowner in the lands in any estate-

1. (a) vested in a Panchayat under section 4 of the Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961 as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organization Act, 1966 (31 of 1966) except lands used or reserved for the benefit of village community including streets, lanes, playgrounds, schools, drinking wells or ponds within abadi deh or garah deh;

1[(b) described in the revenue records as shamlat taraf, pattis, pannas, thola,

shamlat, shamlat deh, shamlat chak, shamlat tika or by any such other description and not used according to revenue records for the benefit of the community in the village or a part thereof or for common purposes of the village in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act,1966; and

1. (c) described in revenue records as shamlat, shamlat deh, shmlat taraf, shmlat chak, pattti or by any other such description in the areas, comprised in Himachal Pradesh, immediately before 1 st November,1966;] shall stand extinguished and all such rights, title and interest shall vest in the State Government free from all encumbrances.

¹ Substituted vide section 3 (a) of Act No.20 of 2001.

(2). The provisions of sub-section (1) of this section shall not apply to lands

described in clause (b) and (c) of that sub-section if, before the date of commencement of this Act-

1. (a) partition of such lands is made by the individuals co-sharers through a process of law by a competent court or authority,
2. (b) transfer of such lands is made by the landowner by way of sale, gift or exchange,
3. (c) such land built upon by an inhabitant by raising a residential house or cow-shed,

revenue and has been continuously recorded in cultivating possession of the Co- sharers so recorded before 26 th January,1950 to the extent of their shares therein: Provided that the provisions of this clause shall not be applicable to such lands which have already been put to use by the Government.]

2[(2-a). The land reverted back to co-sharers under clause (d) of sub-section (2) shall not be transferred by such co-sharers, by way of sale, gift, mortgage or otherwise, during a period of twenty five years from the date of mutation of such land. (2-b). No Registrar or the Sub-Registrar, appointed under (16 of 1908) the Registration Act, 1908, shall register any document pertaining to transfer of such land, which is in contravention of sub-section (2-a) and such transfer shall be void abinitio and the land involved in such transfer, if made in contravention of sub- section (2-a), shall vest in the State Government free from all encumbrances.]

1. (3) The State Government shall be liable to pay, and the landowners whose rights have been extinguished under sub-section (1) of this section shall be entitled to receive the amount in lieu thereof at the following rates:- 1. Added vide section 3 (b) of Act No.20 of 2001. 2. Added vide Section 2 of Act No.32 of 2005.
   • (i) for the land reserved for grazing and other common purpose under clause(a) of sub-section (1) of section 8, five

times the annual land revenue including rates and

cesses chargeable thereon; and

1. (ii) for the remaining land, fifteen times the annual land

revenue including rates and cesses chargeable thereon:

Provided that where the land vested in the State Government under this Act is not assessed to land revenue, the same shall be construed to

be assessed as on similar land in the estate and if not available in the estate then in the adjoining estate or estates, as the case may be.

1. (4) The amount paid to a Panchayat under section 7 shall be deemed to be the Sabha Fund and shall be utilized for such purposes as are mentioned in section 40 of the Himachal Pradesh Panchayati Raj Act,1968.(19 of 1970).
2. (5) The collector may, by order in writing, at any time after the land vested in the State Government, direct the landowners to deliver possession thereof within 10 days from the service of the order to such person as may be specified in the order.
3. (6) If the landowners refuse or fail without reasonable cause to comply with the order made under sub-section (5), the Collector may take possession of the land and may for that purpose use such force as may be necessary.