section (7)
Lease of cultivable land
The Punjab Village Common Lands (Regulation) Act(1) The collector shall, on an application made to him by a panchayat, or (a) by an officer, duly authorised in this behalf by the state government by a general or special order, after making such enquiry, as he may think fit and in accordance with such procedure as may be prescribed put the panchayat in possession of the land or other immovable property in the Shamilat deh of that village which vests or is deemed to have been vested in it under this Act and for so doing the collector may exercise the powers of a revenue court in relation to execution of a decree for possession of land under the Punjab Tenancy Act,1887. (2) An appeal against the order of the collector under sub-section(1) shall lie to the Commissioner and the period of limitation for such an appeal shall be sixty days from the date of the order appealed against. (1) Subject to the provisions of Section 5 of the Act where in a village, cultivable area in Shamilat deh is 200 acres or more, such land may be leased out without auction to the Collective Farming Co-operative Society if any, constituted in the village under the Punjab Co-operative Societies Act, 1961, on such terms and conditions as may be agree to by the panchayat with the approval of the Panchayat Samiti. Where there are more than one Collective Farming Co-operative Societies in a village the land in Shamilat deh may be leased out to them in proportion to the strength of their members. The Co-operative Collective Farming Society shall execute a lease deed in favor of the Panchayat. The total period of the lease shall not exceed 5 years. (2) Such lease shall be subject to review by the Panchayat Samiti concerned annually so that the Panchayat of the society may not suffer due to subsequent events which may affect the fertility or improvement in the land. (3) If, in any case, the Panchayat has purchased a tractor or other equipment for the cultivation of the land in Shamilat deh, the Co-operative Collective Farming Society may purchase or take on hire such machinery and equipment on such reasonable price or rent as the case may be, as may be mutually settled by the panchayat and said society. (4) In case the society fails to comply with the terms and conditions of the lease, the lease shall come to an end and the land shall revert to the panchayat without payment of compensation thereof; 14-A. If any question, dispute or double arises as to whether or not the lease has come to an end, it shall be referred by the either party to the Collector whose decision after hearing the parties shall be final. (5) Lease money shall be payable by the Co-operative Collective Farming Society in advance as provided in clauses (a) and (b) of sub-rule (7) of Rule 6. No person shall be entitled to any compensation for any loss suffered or alleged to have been suffered as a result of the coming into force of this Act. The panchayat may allow the use of shamilat deh vested in it free of charge to the inhabitants of the village for any one or more of the following purposes:- (a) threshing or winnowing of harvest: (b) grazing (c) steeping of hemp or any other plant in ponds (d) residential purposes to the members of the Scheduled Castes and Backward Classes: (e) any other common suitable purpose.
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