Village Common Land (Regulation) Act 1961(Page 2)

COMMENTS

 

Conditions required for exchange are laid down in the case3 where under section 42 the East Punjab Holdings ( C & PVF) Act, 1948, exchange of Panchayat land was allowed with the land of right holders, solely on the basis of the consent of the Sarpanch, it was held that exchange is in contravention of the provisions of Rule 5 of the 1964 Rules4.

 

6 Lease to be by auction. ( Sections 5 and 15 (2) (f) of the Act).

(1) 5[Subject to the provisions of sub- rule (1) of rule], all leases of land in Shamilat deh shall be by auction after making publicity in the manner laid down in sub-rule 10. All documents executed in this connection shall be signed by a sarpanch or in his absence, 6[by Naib Sarpanch or in the absence of both] by a panch performing the duties of sarpanch and two other panches of the Gram Panchayat 7[two other panches authorised for the purpose by the Gram Panchayat.]

 

Provided that:-

 

1(a) “ Out of the cultivable land proposed to be leased, thirty percent ten percent and ten percent, respectively shall be reserved for giving on lease by auction, to members of the Scheduled Caste; Backward Classes ; and dependants of defence personnel killed in any war after the independence of India.

Explanation:- if on two different dates fixed for auction, no such person is forthcoming or the Panchayat Samiti refuses to confirm the auction, under sub clause (1) of clause (a) of sub- rule (2), the reservation shall cease to have effect, and]

 

( b) any sarpanch or panch or member of his family such as father, grandfather, mother, grandmother, wife, son, grandson, great grandson or any other relative dependent on him shall not be allowed to bid for auction and to take land in Shamilat deh on lease- in Hr. only

 

(a) One-third of the cultivable land proposed to be leased, shall be reserved for giving on lease by auction to the members of the Scheduled Caste only and, if on two different dates fixed for auction no such person is forthcoming or Panchayat Samiti refused to confirm the auction under clause 2 (a) (i) the reservation shall cease to have effect, and- in Pb.

 

2[(b) any Sarpanch 3[Naib Sarpanch] or panch or member of his or her family such as father, father in-law, mother, mother-in-law, grandfather, grandfather-in-law, grandmother, grandmother-in law, wife, husband, son grandson or any other relative dependent on him or her shall not be allowed to bid for the auction and to take land in Shamilat deh on lease- in Pb alone]

 

(2) Lease of land in Shamilat deh already under plough shall not be given for period exceeding two years, while that of land, not under plough and infested with trees, bushes, etc. may be given for a period not exceeding five years to the highest bidder. The auction shall be subject to the approval of :-

 

(a) The Panchayat samiti-(i) where the area does not exceed 100 acres and the highest bid of the lease at the auction is less than the average lease rate of the similar land in the neighborhood for the last five years; 4[in the preceding year] or (ii) where the area exceeds 100 acres, but does not 500 5[1000 acres,]

 

6[(b) The Zila Parishad- where the area exceeds 500 acres but does not exceed 1000 acres.]

 

(c) the Government- where the area exceeds 1000 acres:

 

[1]

[Provided that the Panchayat shall, within seven days of the date of auction, apply for approval of the Panchayat Samiti, Zila Parished or the Government as the case may be, which shall accord the approval within a period, not exceeding one month from the date of auction the lease] :

 

Provided 2[further] that on the application of the lessee made before the expiry of the lease, the panchayat may renew the lease for a period not exceeding two years at a time, if it considers that renewal of lease is in the interest of better cultivation and is satisfied that the lessee has made improvement by rendering such land fit for cultivation or has made improvements by digging a well or installing a pumping set or a tube-well or constructing a pucca structure on such land:

 

Provided further that the annual rent of such land for which lease has been renewed shall be determined by the Collector or the officer appointed by him for the purpose on the basis of market rental value of similar lands in the neighbourhood.

 

(3) All lands near the abadi deh vested in the panchayat and used for industrial purpose may be leased out for a period not exceeding ten years by auction in February every year.

 

(4) All pounds used for the plantation of Shinghars and for stocking fish may be auctioned in the month of 3[March or April] September every year.

 

4[(4) Auction of every pond:-

 

(i) Used for plantation of shingaras may be made on yearly basis in the month of 5[July] every year, and

 

(ii) used for stocking fish may be made for a period not exceeding ten years preferably in the month of September]:

 

6[Provided that where a Department of Punjab Government or of the Government of India or a member of the Fish Farmer Development Agency sponsored by the Government desires to take a pond on lease for rearing fish, the panchayat may lease to such Department for a period, not exceeding fifteen years or to such member for a minimum period of three years and maximum period of five years on such terms and conditions, as may be agreed upon between the parties-in Pb.]

 

1[(5) The leases of lands in Shamilat deh for extraction of Shora, sand, stone, kankar, bajri and other minor minerals (as defined in the Punjab Minor Mineral (Concession) Rules 1964) and grass, kahi and similar other products shall be auctioned at a time to be determined by the Panchayat where it may be considered to be of maximum advantage for the inhabitants of the village.]

 

2[5] The lease of lands in Shamilat deh for extraction of shora, sand, stone, kankar, bajri and other minor minerals as defined in the Punjab Minor Mineral Concession Rules 1964, and grass, kahi and similar other products, shall be auctioned at a time to be determined by the panchayat when it may be considered to be of maximum advantage for all the inhabitants of the village.]

(6) The Panchayat may auction every year the surplus and useless trees. All trees standing on the land in Shamilat deh shall be marked by 3[numbers of trees so marked] shall be specifically mentioned in the auction notice and the lease 3[the sale] deed.

(7) The lease of cultivable land in Shamilat deh shall be auctioned for rent in-cash ordinarily in month of October or November 4[at a time to be a determined by District Development and Panchayat Officer concerned of his district] to the maximum advantage of the inhabitants of the village and the annual lease money shall be paid as under ;-

(a) for the first year of the lease, one fourth of the annual rent shall be paid by the bidder on the spot and the remaining three-fourth, before the possession of the land is delivered to him.

Provided that the possession of the land shall not be delivered by the Panchayat to the lessees concerned earlier than February next. Where in any land uncut or ungathered crops of the previous lessees are standing in any part, the possession of that part shall be delivered when the crops have ripened and the person concerned has been allowed a reasonable time to harvest them.

(a)               

For the remaining years of lease, if any, the annual rent shall be paid in advance in February every year.

5[Rule 7-A (a) The auction lease of land in Shamilat deh, shall be held in presence of :-

(i)                         

Social Education and Panchayat Officer of the Block 6[or the Extension Officer authorised by the Block Development and Panchayat Officer), where the land does not exceed twenty acres;

(ii)                        

Block Development and Panchayat Officer of the Block where the land exceeds twenty acres but does not exceed one hundred acres;

(iii)                      

District Development and Panchayat Officer of the District where the land exceeds

one hundred acres;

(b) Where the lease money in auction of Shaimlat deh is less than that of previous year, the gram panchayat, conducting the auction shall obtain the approval of the panchayat samiti on the recommendation of :

(i) The Block Development and Panchayat Officer where the auction was held in the presence of the Social Education and Panchayat Officer (or the Extension Officer);

(ii) The District Development and Panchayat Officer-where the auction was held in the presence of Block Development and Panchayat Officer;

(iii) The Divisional Deputy Director Panchayat Raj-where the auction was held in the Presence of the District Development and Panchayat Officer;]

8. In every case of lease, a deed shall be duly executed by the lessee, and the lessee will surrender to the panchayat possession of the land leased to him, if he defaults in the payment of rent subject to the provisions of the Punjab Tenancy Act 1887, 1[after the expiry of the period of lease].

9. The Panchayat may by resolution passed in this behalf entrust the auction of lease, of any land in Shamilat deh to the panchayat samiti which may depute its executive officer to conduct the auction, after giving due publicity in the manner specified in sub-rule (10), at the cost of the Panchayat.

10 (1) The publicity to lease auction programme shall be given fifteen days before the date of auction, by specifying the description of land, of the date, time and place fixed for the auction of lease:-

[(a) through any [local] vernacular newspaper 2[with wide circulation as approved by the Government] and where the auction of stone quarries, bajri or other minor mineral etc. is to be held, also through an English newspaper 2[with wide circulation, as approved by the Government],

(b) by pasting a copy of auction notice on an outer door of the panchayat ghar, village patwar khana, office of Panchayat Samiti 3[and Zila Parishad] and at some other conspicuous place of Shamilat deh or of the estate in which the Shamilat deh is situated, and

(c) by beat of drum within the Sabha area.

(2) The terms and conditions of auction shall be announced at the time of auction.

1[(i) The auction of lease of any land in Shamilat deh vested in the Panchayat, shall be conducted in the presence and under the supervision of Block Development and Panchayat Officer and in case of his inability, an Extension Officer of the Block.]

(ii) The copy of every auction notice shall be sent to the Block Development and Panchayat Officer concerned, fifteen days before the date of auction.

(iii) The Block Development and Panchayat Officer or the Extension Officer as the case may be, shall present himself at every auction in respect of which a notice is sent to him.]

 

2[6A Lease of Kallar (salt) land in Shamilat deh for reclamation:

Where survey conducted by the department of the Government or by an institution authorised in this behalf, it is found that the Shamilat deh of any panchayat contains Kallar (salt) such panchayat may lease out the said land withourt 3[by] auction for the purpose of reclamation to (any person or) such Department or the institution on the terms and conditions agreed upon, between the parties for a period, not exceeding ten years on an annual rent of not less than ten rupees per acre. The lease shall be subject to the approval of :-

I The Panchayat Samiti- Where the area exceeds 100 acres but does not exceed 500 acres.

II Zila Parishad- Where the area exceeds 500 acres, but does not exceed 1000 acres.

III The Government:- Where the area exceeds 1000 acres]

 

7 Lease of lands in Shamilat deh to Collective Farming Co-operative Societies (Section 5 and 12(2) (f) of the Act).

 

(1) Subject to the provisions of Section 5 of the Act where in a village, cultivable area in Shamilat deh is 200 acres or more, such land may be leased out without auction to the Collective Farming Co-operative Society if any, constituted in the village under the Punjab Co-operative Societies Act, 1961, on such terms and conditions as may be agree to by the panchayat with the approval of the Zila Parishad [Panchayat Samiti]. Where there are more than one Collective Farming Co-operative Societies in a village the land in Shamilat deh may be leased out to them in proportion to the strength of their members. The Co-operative Collective Farming Society shall execute a lease deed in favor of the Panchayat. The total period of the lease shall not exceed 5 years.

(2) Such lease shall be subject to review by the Zila Parishad 1[Panchayat Samiti] concerned annually so that the Panchayat of the society may not suffer due to subsequent events which may affect the fertility or improvement in the land.

(3) If, in any case, the Panchayat has purchased a tractor or other equipment for the cultivation of the land in Shamilat deh, the Co-operative Collective Farming Society may purchase or take on hire such machinery and equipment on such reasonable price or rent as the case may be, as may be mutually settled by the panchayat and said society.

(4) In case the Society used such land for any purposes other than cultivation and purposes subservient thereto or violates any terms or conditions of the lease or cease to cultivate such land collectively in accordance with the bye-laws of the Society, the Panchayat may resume the land without payment of any compensation ; or

2[(4) In case the society fails to comply with the terms and conditions of the lease, the lease shall come to an end and the land shall revert to the panchayat without payment of compensation thereof] and

3[14-A.If any question, dispute or double arises as to whether or not the lease has come to an end, it shall be referred by the either party to the Collector whose decision after hearing the parties shall be final].

(5) Lease money shall be payable by the Co-operative Collective Farming Society in advance [as provided in clauses (a) and (b) of sub-rule (7) of Rule 6.]

 

4[7A Lease [contranct or agreement detrimental to the Interests of Panchayat [ [Section 10-A (2) (iii) and 15 (2) (k)].

Any lease, contract or agreement shall be deemed to be detrimental to the interest of Panchayat if :-

(i) it has been granted or made as the case may be, otherwise than by following the procedure laid down for grant of lease or the making of contracts and agreements by the Panchayat or

(ii) it adversely affects any of the development schemes of the Panchayat; or

(iii) it has resulted or is likely to result in a loss to the Panchayat or

(iv)                     

it is Benami.

 

7B Manner of payment of compensation assessed by the Collector under sub-section 5 of section 10-A [Sections 10-A (6) and 15 (2) (k).

The amount of compensation assessed by the Collector under sub-section10-A shall be paid by the panchayat direct to the payee against proper receipt or by money order, if the payee so desires after deducting therefrom money order commission or other expenses, if any:-

(i) in lump sum where the amount of compensation does not exceed one hundred rupees; and

(ii) in three equal instalments, where the amount of compensation exceeds one hundred rupees].

 

8 Use of Shamilat deh by residents [Sections 5 and 15(2) (g) of the Act]

(1) The land in Samilat deh declared by the panchayat by a resolution in writing as pasturable, may be utilized by the residents of the village for-

(a) grazing purposes; or

(b) collecting dry fulwood from the jungle on terms laid down by the panchayat.

(2) Open spaces near the abadi deh may, with the previous permission of the panchayat and in the manner laid down by it be utilized by the inhabitants of the village for threshing the harvests.

1[(3) All inhabitants of the village are entitled to purchase or take on lease non-cultivable Shamilat deh from the Panchayat for residential, commercial or industrial purposes, on the terms and for the period settled by the Panchayat, but all such sales or leases shall be subject to the approval of 2[the "Director of Panchayat"];

3[Provided that members of the Scheduled Castes of the village may take on lease non cultivable shamilat land near the abadi deh up to one acre for installation of Maidani Brick Kiln at the rate of one hundred rupees per annum]

(4) The Panchayat may, if necessary, earmark suitable land for use as manure pits by the inhabitants of the village on such nominal charges as may be fixed by it:

Provided that the panchayat may exempt members of Scheduled Castes or Backward Classes or any landless labourer or tenant, on the ground of Poverty from payment of such charges.

 

9 Maximum area to be leased out [ Section 5 and 15 (2) (f) of the Act].

(1) The panchayat shall not lease cultivable land in Shamilat deh to a person.

1[(a) having a holding on ten acres or more; or]

(b) already holding lease under any other panchayat. Provided that the maximum area of land in Shamilat deh to be leased to a person shall not exceed ten acres at any time.

2 Except with the prior permission of panchayat samiti, the panchayat shall not lease more than one acre of land in Shamilat deh for residential, Industrial or commercial purposes near the village abadi to any one Person.

 

10 Land to be used free of charge 2[Section 15 (2) (g) 3[Section 5 and Section 15 (2) (g)].

The Panchayat may allow the use of land in Shamilat deh vested in it free of charge to the inhaitants of the village for any one or more of the following purposes:-

(a) Steeping of hemp or any other plant in ponds ;

4(b) residential purposes of members of the Scheduled Castes or Backward Classes or depedents of the defence personnel killed in any war after the Independence of India, or landless labourers or tenants in genuine cases on grounds of poverty;]

5[(b) Residential purposes of the members of Scheduled castes or Backward Classes or landless labourers or tenants or any other deserving person in genuine cases on grounds of poverty.]

any other suitable common purpose.

 

11 Purposes for which land may be hypothecated 6[Sections 5 and 15(2) (k)] 7[Section 15 (2) (e)].

A Panchayat may, with the prior sanction of the Zila Parishad 8[Panchayat Samiti] hypothecate the land in Shamilat deh vested in it for the purpose of borrowing money from the Government or a Co-operative Bank for the improvement of such land or for any other development scheme.

 

12 Purpose for which land may be sold [Sections 5 and 15 (2) (f) of

the Act}.

(1) A Panchayat may, with previous approval of the Government, sell land in shamilat deh vested in it under the Act for:-

(i)                 

the purpose of constructing building for Block Samiti office or any department of or institution recognized by the Government ;

(ii)               

the purpose of any industrial or commercial concern; or executing such a

scheme as may be a source of recurring income for the benefit of the

inhabitant of the village.

1{(iv) residential purpose of the inhabitants of the village-in Pb.}

2{v) for the purpose of financing the construction of building for schools and for veterinary and civil dispensaries in the Sabha area}.

(2) Where it is proposed to sell the land in shamilat deh under sub-rule (1), the panchayat shall forward to Government a copy of its resolution passed by a majority of the three-fourth of its members proposing to sell the land through the Panchayat Samiti and Deputy Commissioner 3(Divisional Deputy Director Panchayati Raj} stating-

(a) the area and location of the land proposed for sale;

(b) the estimated income from the sale and whether the income would increase, if the land is sold after some years;

(c) the reasons as to why the panchayat wants to sell the land and the plans for utilization of the income from the sale.

(3) The publicity for sale of land in shamilat deh by auction shall be made by the Deputy Commissioner in accordance with the procedure laid down in sub- rule (10) or Rule 6 on receipt of the approval of Government who shall also decide whether the land should be sold in one or more lots and the officer who should ( would in Hr.)) be present at the auction:

4[Provided that nothing contained in this sub rule shall apply to the sale of shamilat land for the purpose specified in clause (i) of sub-rule (1).

 

5{13 Purposes for which land may be gifted.

A Panchayat may gift land in shamilat deh vested in it under the Act for the purpose of hospital, dispensary or educational or charitable institutions as may be approved by the Government with the previous approval of::

(a) The Zila Parishad - where the area does not exceed two acres;

(b) The Government -where the area exceeds two acres {Pb.}

 

1[13 Purposes for which land may be fitted 2[ gifted].

(1) A Panchayat may, with the previous approval of the Government, gift the land in Shamilat deh vested in it under the Act for the purposes of a hospital, dispensary or educational or charitable institution {or for such other purposes as may be approved} by the Government 3[to be for the benefit of the inhabitants of the village concerned].

4[(2) Panchayat may, with the previous approval of the Government, gift the land in shamilat deh vested in it under the Act for the purpose of construction of houses, laying out common places and providing other amenities under the Model village Scheme approved by the Government for the benefit of the inhabitants of the village.)

 

5[13A Gift of land to members of Scheduled Castes and Backward Classes for residential purpose.

(1) The terms and conditions on which the land under Section 5-A may be gifted shall be as under:

(a) the donee shall not sell, mortgage or dispose of the land in any other manner, whatsoever before the expiry of a period of twenty years from the date of the housing board gift; 6{Provided that donee may mortgage the land with 7{ any Schedule Bank or the Government} for the purpose of raising loan for the construction of the house}

(b) the donee shall construct a house on the land within a period of two years from the date of the gift;

(c ) the donee shall use the land for residential purposes and for no other purpose; and no other purpose; and

(d)              

in case of death of the donee, his legal heirs shall be bound by the conditions therein contained.

(2) In case of breach of any of the terms and conditions specified in sub-rule (1) the panchayat shall, after affording a reasonable opportunity of being heard to the donee, cancel the gift and resume the gifted land. In such event, the donee shall not be entitled to any compensation in respect of any development or construction made by him on such land}.

 

1{13A Giving of the land to landless worker.

A Panchayat may, with the previous approval of the Government, give land in shamilat deh free of cost, to a landless worker residing in the Sabha area for construction of a house for his residence;

Provided that the landless worker to whom such land is given, shall not be entitled to sell, exchange or mortgage it except mortgaging it for the purposes of raising loan to construct a house on it}- in Pb.

 

14 Utilization of the income from the shamilat deh Section 9 and 15 (2) (f) of the Act}

The income derived by a panchayat from the use and occupation of land in shamilat deh vested 2( or deemed to have been vested ) in it shall be utilized for the benefit of the inhabitants of the village, as laid down in the Punjab Gram Panchayat Act 1952 and for the improvement, maintenance and management of the shamilat deh.

 

15 Payment of compensation under Section 3(2) [ Section 3(2) and 15(2)(d) of the Act].

(1) Any person who is entitled to compensation under sub section (2) of Section 3 of the Act may, within a period of twelve months from the date of commencement of these rules, apply to the Collector 3( Assistant Collector) for the determination of amount of compensation payable to him by the Panchayat: Provided that the Collector 3[Assistant Collector} may entertain the application after the expiry of the said period of twelve months, if he is satisfied that the applicant was prevented by a sufficient cause from filing the application in time.

(2)  

On receipt of an application, the Collector 3[Assistant Collector] shall-issue notice to the panchayat and after giving an opportunity of being heard and after making such enquiry as may be considered necessary, shall determine the amount of compensation payable by the panchayat.

(3)  

Where there is any dispute as to the person or persons who are entitled to the compensation, the Collector 3[Assistant Collector] shall decide such dispute and if the Collector 3[ Assistant Collector] finds that more than one person are entitled to compensation, he shall apportion the amount there of amongst such persons.

(4)  

The amount of compensation shall be determined in accordance with the following principles:

(a) if the lands has been sold by the panchayat; the amount of compensation of the land shall be the same as received by it from the vendee.

(b) if the land is utilized by the panchayat for any of its purposes, the amount of compensation shall be determined by working out an average of the sale proceeds of the lands of the same nature and kind sold in the village 1{or neighboring villages} during the last three years and if no such lands has been sold in the village, 1{or neighboring village} reasonable price as may be determined.

Provided that the payment of such compensation shall be made in six equal annual installments, if the amount involved is more than Rs.300

 

16 Procedure where a Panchayat sues or is sued in its representative capacity { Sections {15 (2) 2[h] of the Act) [ Section 15 (2)(b)}.

(1) The Panchayat shall by a resolution to be recorded in the proceeding book, appoint its sarpanch 3{ or N S}or any other Panch to contest any suit filed by or against the panchayat. The sarpanch 3 { N S } or Panch so appointed shall file a copy of the resolution duly attested by the sarpanch 3(or N.S.) under the seal of the panchayat in the court along with other documents.

(2)  

The actual expenditure incurred in the defense of the case shall be chargeable to the funds of the Panchayat.

(3)  

The sarpanch 4{or Naib Sarpanch) or Panch so appointed shall not be competent to compound or admit claim of the party suing the panchayat without prior authorization by the panchayat by a resolution in writing passed in a meeting specifically called for the purpose. If any decree or order is passed by the court as a result of fraud, misrepresentation, concealment of facts or collusion with the opposite party, the sarpanch 4{or Naib Sarpanch } or Panch shall be personally liable for the loss caused to the panchayat.

COMMENTS

Where a Panch or a sarpanch is even authorised to defend a claim, he or they cannot admit the claim in the absence of a resolution to that effect in a meeting specially called for the purpose. So also unless there is a proper resolution in favour of either a sarpanch or a panch, he cannot even defend the suit5

 

16A Non- cooperation of member alleged- loss- not liable

To start proceedings for ejectment of an unauthorised occupant, the resolution has to be passed by the Gram Panchayat under Rule 16 of the Act. Where it is alleged that a number did not co-operate in getting vacated unauthorized occupation, and as such the member is liable for loss or misappropriation of money or property belonging to the Panchayat without indicating as to in which manner the non-cooperation was done by the member. There are also not allegations that the member did not participate) in proceedings for passing resolution, so the provision of Sections 105 (2) of Gram Panchayat Act 1952, are not attracted and he cannot be made liable for loss etc. thus caused 1

 

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{ Sections 5 (1) and 15 (2) of the 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 2 (with the help of concerned Block Development and Panchayat officer} 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 will 3 [ 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-in Hr.

4{17

(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- in Pb. only}