Vesting of rights in Panchayat and non-proprietors

(1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in 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 the Shamilat deh of any village and which has not vested in a Panchayat under the Shamilat law shall at the commencement of this Act vest in a Panchayat constituted for such village, and where no such Panchayat has been constituted for such village, and where no such Panchayat has been constituted for such village, vest in the Panchayat on such date as a Panchayat having jurisdiction over that village is constituted ; (b) Which is situated within or outside the abadi deh of a village and which is under the house owned by a non-proprietor, shall, on the commencement of Shamilat law, be deemed to have been vested in such non-proprietor. (2) Any land which is vested in a Panchayat under the Shamilat law shall be deemed to have been vested in the Panchayat under this Act. (3) Nothing contained in clause (a) of sub-section (1) and in sub section (2) shall affect or shall be deemed ever to have affected the ;- (i) existing rights, title or interests of persons who, though not entered as occupancy tenants in the revenue records are accorded a similar status by custom or otherwise, such as Dholidars, Bhondedars, Butimars, Basikhopohus, Saunjidars, Muqarrirdars; (ii) rights of persons in cultivating possession of Shamilat deh, for more than twelve years immediately preceding the commencement of this Act without payment of rent or by payment of charges not exceeding the land revenue and cesses payable thereon. (iii) rights of a mortgagee to whom such land is mortgaged with possession before the 26th January, 1950. (1) Where a person other than that in whom the shamilat land has vested under the Act has built a house or erected any other structure on any land in the Shamilat deh, before the coming into force of the Act, the Panchayat may allow such person to retain possession of the site by- (a) Selling it to him at the market value prevailing at the time of the sale to be determined by the Collector or the officer appointed by him for the purpose: provided that the person concerned is unable to pay the entire amount immediately, it shall be recovered in such instalments to be spread over a period not exceeding five years as may be determined by the Panchayat or (b) leasing out the site to him at an annual rent to be determined by the Collector or the officer appointed by him for the purpose at the rates prevailing at that time. (2) Subject to sub-rule (1), the terms and conditions for sale or lease of land in Shamilat deh shall be determined by the Panchayat All lands vested in a panchayat by virtue of the provisions of this Act shall be utilised or disposed of by the panchayat for the benefit of the inhabitants of village concerned in the manner prescribed. (i) All leases of shamilat land shall be by auction. (ii) Only cultivable land may be auctioned on a long term lease, while non-cultivable land small not be leased for a period exceeding five years. (iii) All lands near the abadi deh vested in the panchayat and used for industrial purpose shall be leased out for one year or more, as the case may be, by auction in February every year. (iv) All ponds used for the plantation of singharas and for stocking fish shall also be auctioned in February every year. (vi) The panchayat may auction, in February every year, surplus and useless trees growing on shamilat deh. (vii) The long term lease of cultivable land shall be auctioned for rent in cash, in the month of February (Phagan), the maximum advantage of the panchayat, and the annual lease money shall be payable in February every year. (viii) In the case of annual lease, one-fourth of the amount of the bid shall be paid by the bidder on the spot and the remaining three- fourth before possession of the land is delivered to him. (ix) In every case of lease, a lease deed shall be duly executed by the lease, who shall be bound to surrender to the panchayat possession of the land leased to him if he defaults in the payment of rent subject to the relevant provisions contained in the Punjab Tenancy Act, 1887.