Lease of land in Shamilat deh

In this Act, unless the context otherwise requires. (a) “Collector” means the collector of district and includes any officer appointed by the State Government for performing the functions of the collector under this Act. (aa) “Commissioner” means the commissioner of division and includes any other officer not below the rank of a Joint Director Panchayats, appointed by the State Government for performing the function of commissioner under the Act; (b) “Displaced person” means a person defined as such in the East Punjab Displaced Persons (Land Re-settlement) Act; 1949 or the Patiala and East Punjab State Union Displaced Person (Land Settlement) Ordinance 2006 BK. (bb) “Hilly area” means: (i) [Omitted], (ii) Dhar Kalan Block in Gurdaspur District (in Punjab), (iii) Hoshiarpur I, Hoshiarpur II, Bhungra, Hajipur, Dasuya, Mahilpur, Balachaur, Saroya, Gagrat, Nurpur Bedi, Ambunal and Anandpur Sahib, Block in Hishiarpur district, (iv) Ropar, Majri, Nalagarh, Manimajra, Raipur Rani, Naraingarh, Bilaspur and Chhachrauli Bock in Ambala District. (c) “House” includes a court yard whether walled or not. (d) “Inhabitant of a village” means a person, whether a proprietor, or non proprietor, who ordinarily resides in the village Provided that temporary absence or absence in relation to employment elsewhere shall not affect his residence in the village (e) “Panchayat” means a Gram Panchayat constituted under the Punjab Gram Panchayat Act, 1952 (f) “Prescribed” means prescribed by the rules made under the Act. (g) “Shamilat deh” includes (1) Land described in the revenue records as Shamilat deh excluding abadi deh. (2) Shamilat Tikkas, (3) Land described in the revenue records as shamilat, Tarafs, Pattis Pannas and Tholas and used according to revenue records for the benefit or the village community or a part thereof for common purposes of village. (4) Lands used or reserved for the benefit of the village, community including, streets, lanes, playgrounds, schools, drinking wells, or ponds within abadi deh or gora deh and (5) Land in any village described as banjar qadim and used for common purposes of the village, according to revenue records, but does not include land which: (i) [Omitted], (ii) has been allotted on quasi permanent basis to displaced persons (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 person by purchase or in exchange for proprietary land from a co sharer in the shamilat deh and is so recorded in the jamabandi or is supported by a valid deed 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, Patti Panna an Thola and not used; according to revenue records for the benefit to the village community or a part thereof or for common purposes of the village. (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) [Omitted], (viii) was Shamilat deh was assessed to land revenue and has been in the individual cultivating possession of co-shares not being in excess of their respective shares in such shamilat deh on or before the 26th January, 1950, or (ix) was being used as a place of worship or for purposes, subservient thereto, immediately before the commencement of this Act. (h) “Shamilat Law” means: (i) in relation to land situated in the territory which immediately before the Ist November, 1956, was comprised in... (ii) in relation to land situated in territory immediately before the Ist . November, 1956, was comprised in state of Patiala and East Punjab States Union; the Pepsu Village Common Lands Regulation Act, 1954; (i) “State Government” means the Government of the State of Punjab. (1) [Content related to conditions for bidders in Shamilat deh]. (2) Lease of land in Shamilat deh already under plough shall not be given for period exceeding two years, while that of land, not under plough and infested with trees, bushes, etc. may be given for a period not exceeding five years to the highest bidder. The auction shall be subject to the approval of:- (a) The Panchayat samiti-(i) where the area does not exceed 100 acres and the highest bid of the lease at the auction is less than the average lease rate of the similar land in the neighborhood for the last five years; or (ii) where the area exceeds 100 acres, but does not exceed 1000 acres, (b) [Omitted], (c) the Government- where the area exceeds 1000 acres: Provided that the Panchayat shall, within seven days of the date of auction, apply for approval of the Panchayat Samiti, Zila Parished or the Government as the case may be, which shall accord the approval within a period, not exceeding one month from the date of auction the lease: Provided further that on the application of the lessee made before the expiry of the lease, the panchayat may renew the lease for a period not exceeding two years at a time, if it considers that renewal of lease is in the interest of better cultivation and is satisfied that the lessee has made improvement 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 land 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 neighbourhood. (3) All lands near the abadi deh vested in the panchayat and used for industrial purpose may be leased out for a period not exceeding ten years by auction in February every year. (4) [Repealed by subsequent notice]. (4) Auction of every pond:- (i) Used for plantation of shingaras may be made on yearly basis in the month of July every year, and (ii) used for stocking fish may be made for a period not exceeding ten years preferably in the month of September: Provided that where a Department of Punjab Government 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 to such Department for a period, not exceeding fifteen years or to such member for a minimum period of three years and maximum period of five years on such terms and conditions, as may be agreed upon between the parties. (5) [Omitted]. (5) The lease of lands in Shamilat deh for extraction of shora, sand, stone, kankar, bajri and other minor minerals as defined in the 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 inhabitants of the village. (6) The Panchayat may auction every year the surplus and useless trees. All trees standing on the land in Shamilat deh shall be marked by numbers of trees so marked shall be specifically mentioned in the auction notice and the sale deed. (7) The lease of cultivable land in Shamilat deh shall be auctioned for rent in-cash ordinarily in month of October or November at a time to be determined by District Development and Panchayat Officer concerned of his district to the maximum advantage of the inhabitants of the village and the annual lease 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 land shall not be delivered 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, 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.