Regulation of use and occupation, etc of lands vested or deemed to have been vested in Panchayats

(1) All lands vested or deemed to have been vested in a Panchayat under this Act, shall be utilised or, disposed of by the Panchayat for the benefit of the inhabitants of the village concern in the manner prescribed. Provided that where two or more villages have a common Panchayat, Shamilat deh of each village shall be utilised and disposed of, by the Panchayat for the benefit of the inhabitants of that village. Provided further that where there are two or more Shamilat tikkas in a village, the Shamilat tikka shall be utilised and disposed of, by the Panchayat for the benefit of the inhabitants of that tikka. Provided further that where the cultivable area of land in Shamilat deh of any village, so vested or deemed to have been vested in panchayat is in excess of two-thirds of the total of that village (excluding abadi deh). then cultivable area upto the extent of two-thirds of such total area shall be left to the Panchayat and one-half of the remaining cultivable area of Shamilat deh, shall be utilised for the settlement of landless tenants any other tenants ejected or to be ejected of that village and the remaining cultivable area shall be utilised for distribution to small land owners of the village by the collector in consultation with the Panchayat, in such manner as may be prescribed. (2) The area of Shamilat deh to be utilized for the purposes of the third proviso to sub-section (1) shall be demarcated by such officer in consultations with the Panchayat and in such manner as may be prescribed. (3) The State Government or any officer authorised by it in this behalf may, from time to time, with a view to ensuring compliance with the provision of the second proviso to sub-section (1) or sub-section (2) issue to any panchayat such directions as may be deemed necessary. (4) Nothing contained in the third proviso to sub section (1) and in sub-section (2) and sub-section (3) shall apply to the "Hilly area". (5) Notwithstanding anything contained in the prereceding sub-sections, on land vested or deemed to have been vested in the panchayat under this Act, shall be disposed of by way of sale, gift or exchange, so as to have with the Panchayat, cultivable area which is less than fifty percent of the total cultivable area vested or deemed to have been vested in the Panchayat. A Panchayat, if it is of opinion that it is necessary so to do for the benefit of the inhabitants of the village may with the prior approval of the Government, transfer any land in Shamilat deh by exchange with the land of an equivalent value to be determined by the Tehsildar in whose jurisdiction the land is situate. Provide that where the land is required, in connection with the Integrated Rural Development Programme sponsored by the Government the Panchayat may, with the approval of the Collector, transfer any land in Shamilat deh by exchang with the land of an equivalent value (1) Where, before the appointed date, on any land which vests in a panchayat under the provisions of this Act- (a) a person is in cultivation possession and his uncut and ungathered crops are standing thereon, he shall not be ejected from such land, unless the crops have ripened and he has been allowed reasonable time to harvest them; (b) a person has built or erected any house or any other structure, he shall be allowed by the panchayat to retain possession of the same on such terms and conditions as may be determined by the panchayat, subject to any rules which may be framed in this behalf. (2) If any person has a grievance against any determination made by a panchayat under sub-section (1), an appeal shall lie to the Collector, whose order thereon shall be final. (i) All pasturable land may be utilized by the residents of the village for- (a) Grazing purposes; or (b) collecting dry fuel wood from the jungle on terms laid down by the panchayat. (ii) open spaces near the abadi deh may, with the previous permission of the panchayat and in the manner laid down by it, utilised by the inhabitants of the village for threshing the harvest. (iii) All inhabitants of the village are entitled to purchase or lease non-cultivated shamilat land form the panchayat, for residential, commercial or industrial purposes, on the terms and for the period settled by the panchayat, but all such leases or sales shall be subject to the approval for the Collector of the district. (iv) All inhabitants of the village are entitled to the use of open spaces for manure pits and the panchayat may also allow land for 'baras' on suitable payment. Before, however, allowing any open space to be used by the inhabitants in this manner, the panchayat shall consider the genuineness of the necessity.