The Punjab Village Common Lands (Regulation) Amendment Act, 1995 Complete Act - Bare Act

An Act further to amend the Punjab Village Common Lands Regulation Act, 1961.

Be it enacted by the Legislature of the State of Punjab in the Forty- sixth Year of the Republic of India as follows :-

This Act may be called the Punjab Village Common Lands (Regulation) Amendment Act, 1995.

In the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Principal Act), in Section 2, in clause (g), after sub-clause (ii), the following sub-clause shall be inserted, namely:-

"(ii-a) was hamlet den, but, has been allotted on quasi-permanent basis to a displaced person, or, has been otherwise transferred to any person by sale or by any other manner whatsoever after the commencement of this Act, but on or before the 9th day of July, 1985."

In the principal Act, in section 3, in sub-section (2), the following sub-sections be substituted, namely :-

"(2) Notwithstanding anything contained in sub-section (1) of Section 4, -

(i) where any land has vested in a Pinhead under the hamlet law, but such land has been excluded from hamlet deh under clause (g) of Section 2, other than the land so excluded under sub-clause (ii-a) of that clause, all rights, title and interest of the Panchayat in such land as from the commencement of the Punjab Village Common Lands (Regulation) Act, 1995, shall cease and all such rights, title and interest shall vest in the person or persons in whom they were vested, immediately before the commencement of the shamlet law;

(ii) where any land has vested in a Panchayat under this Act, but such land has been excluded from shamlet deh under sub-clause (ii-a) of clause (g) of Section 2, all rights, title and interest of the Panchayat in such land, as from the commencement of the Punjab Village Common Lands (Regulation) Act, 1995, shall, cease, and all such rights, title and interest shall on or before the 9th day of July, 1985, revest in the person or persons to whom the land so excluded has been allotted or otherwise transferred by sale or by any other manner whatsoever, subject to the condition that -

(a) any sum of money realised by the Rehabilitation Department of the Government of Punjab as a result of allotment or transfer of such land shall alongwith interest at the rate of three per cent payable from the date of such allotment or transfer; or

(b) where no money was realisable by the Rehabilitation Department of the Government of Punjab as a result of allotment or transfer of such land, the amount of compensation in respect of such land as determined by the Collector of the District in which such a land is situated alongwith interest at the rate of three per cent payable from the date of allotment or transfer, as the case may be;

shall be paid by the Rehabilitation Department of the Government of Punjab to the Department of Rural Development and Panchayats for onward disbursement to the Panchayat to which such shamlat deh belonged.

(3) As soon as may be, on the commencement of the Punjab Village Common Lands (Regulation) Amendment Act, 1995, the Department of Rural Development and Panchayats shall make a reference to the Collector of the District to determine the amount of compensation under sub-clause (b) of clause (ii) of sub-section (2) and the Collector of the District shall, keeping in view the market value of the shamlat deh at the time it was allotted or transferred determine the amount of compensation."