section 17
The manner and the order of priority in which the excess area is to be utilized by the Collector under sub-section (1) of section 5
The Punjab Village Common Lands (Regulation) Act(1)(i) The landless tenants and other tenants ejected or to be ejected in the village shall apply to the panchayat for the allotment of surplus area of shamilat deh earmarked for the purpose not later than October every year. Such application shall be acknowledged in writing and entered in the register of tenants by the panchayat. (ii) The panchayat shall formulate (with the help of BD & PO concerned) a proposal in the month of January every year for the allotment of the surplus area to the tenants and sent the proposal to the Collector through the panchayat samiti for approval, The Collector shall ordinarily approver the proposal of the panchayat, Where, however there are complaints, the Collector may modify the proposal to the panchayat for submitting a revised proposal. (iii) Where there are more tenants than the surplus area with the panchayat, preference shall be determined by the order in which applications for resettlement were made and where the applications had been made simultaneously the priority shall be decided by drawing lots. (2) (i) An application for distribution of the remaining excess, area of shamilat deh, if any, shall be made to the panchayat within one month of the date of determination such area by the panchayat. (ii) Such applications shall be acknowledged and entered by the panchayat in the register to be maintained for the purpose. (iii) The panchayat shall submit a proposal to the Collector in this behalf within two months of the notification of the surplus area through panchayat samiti. (iv) In cases where the demand for the remaining excess area exceeds the available area, priority shall be given to the smallest landowners and where there are more than one; to all land owners having equal land holdings, the priority shall be decided by drawing lots. (1)(i) The landless tenants and other tenants ejected or to be ejected in the village shall apply to the panchayat for the allotment of the excess area of shamilat deh available for the purpose under third proviso to sub-section (I) of Section 5, not later than the end of October each year. Each such application shall be acknowledged in writing and entered in register of tenants, by the panchayat. (ii) The panchayat shall, in the month of January, every year, formulate its proposal for the allotment of the area referred to in clause (i) to the tenants and send the same to the Collector through the panchayat samiti for approval. The Collector may accept the proposal of the panchayat, with or without any modification, or return the same to the panchayat, for sending a revised proposal. (iii) Where the area available for allotment to the tenants is not sufficient to satisfy all the applicants; preference for the purposes of allotment shall be determined by the order in which applications for allotment were made and where the applications were made on the same day, the priority shall be decided by drawing lots. (2)(i) Applications for a allotment of excess of Shamilat deh available for distribution amongst small landowners under the third proviso to sub-section(1) of Section 5 shall be made to the panchayats within one month of the date of determination of such areas by the panchayat. (ii) Each such application shall be acknowledged in writing and entered in the register maintained for this purpose, by the panchayat. (iii) The panchayat shall submit its proposals to the Collector through the panchayat samiti within two months of the date of determination of the excess area by the panchayat. (iv) Where the area available for distribution among small landowners is not sufficient to satisfy all the applicants, priority shall be given to the smallest landowners and where there are more than one , to all land owners having equal land-holdings priority shall be decided by drawing lots. (3) In case a tenant or small land- holder does not take possession of the area allotted to him within six months from date of allotment, the allotment shall be inoperative and that area shall be utilized for resettlement of another tenants or small land-holders as the case may be.
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