Lands to which this Act applies

(1) The act shall apply and before the commencement of this Act the Shamilat Law shall be deemed always to have applied to all lands which are shamilat deh as defined in clause(g) of section 2. (2) Notwithstanding , anything contained in sub section (1) of section 4, where any land vested in the Panchayat under the shamilat law, but such. land has been excluded from Shamilat deh as defined in clause (g) of section 2, all rights, title and interest of the Panchayat in such land shall, as from the commencement of this Act, cease and such rights, title and interest shall be revested in the persons in whom the vested immediately before the commencement of the Shamilat law and the Panchayat shall deliver possession of such land to such person or persons: Provided that where a Panchayat is unable to deliver possession of any such land on account of its having been sold or utilised for any of its purposes, such land shall not cease but the Panchayat shall, notwithstanding, anything contained in section 10, pay ,to the person or persons entitled to such land ,compensation to be determined in accordance with such principles and in such manner as may be prescribed. Notwithstanding anything to the contrary contained in any other law for the time being in force, and notwithstanding any agreement. instrument, custom or usage or any decree or order of any Court or other authority, all rights, title and interest whatever in the land:- (a) Which is included in shamilat deh of any village, shall, on the appointed date, vest in a Panchayat having jurisdiction over the village: (b) Which is situated in the abadi deh of a village and which is under the house owned by a non-proprietor, shall at the commencement of the Act, vest in the said non-proprietor, shall at the commencement of the Act, vest in the said non-proprietor. (i) If a tenant or a member of his family, or previous co-sharer, is proved to be in cultivating possession of land for 20 years or more, he should be allowed to cultivate the land on the same terms and conditions as applied to him on the appointed date: Provided that, if such a person also owns land, he will not be entitled to the benefit of this provision if, on the appointed date the area of the land owned by him is 10 acres, he will benefit by this provision only to the extent of the difference between 10 acres and the area owned by him on the appointed date, provided further, if such a person wants to purchase such land he shall but only to the extent defined in the first proviso, be allowed to do on application made to the panchayat and on payment of money according to the scale laid down in the Punjab Occupancy. Tenants (Vesting of Proprietary Rights) Act 1952. (ii) Where a person has built a house or erected any other structure on the shamilat deh, the panchayat may allow such person to retain possession of the site by- (a) selling it to him at the rate of Rs. 4 or 2 per square yard, as the case may be, provided that, the person concerned it unable to pay the entire amount immediately, it shall be recovered in three years, by yearly installments ; or (b) leasing out the site to him at the annual rate of three pice or an anna per square yard, as the case may be. (iii) The terms and conditions for sale or lease of land as provided in sub- rule (ii) above shall be determined by the panchayat.