Section 3 in The Himachal Pradesh Village Common Lands Vesting And Utilisation Act, 1974
3. Vesting of rights in the State Government.
(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 interests including the contingent interest, if any, of the landowner in the lands in any estate-(a)vested in a Panchayat under section 4 of the Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961) as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) except lands used or reserved for the benefit of village community including streets, lanes, playgrounds, schools, drinking wells or ponds within abadi deh or garah deh;(b)described in the revenue records as shamilat taraf, pattis, pannas and thola and not used according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966; (31 of 1966) and(c)described in revenue records as shamilat, shamilat deh, shamilat taraf, shamilat chak and patti in the areas comprised in Himachal Pradesh, immediately before first November, 1966;shall stand extinguished and all such rights, title and interests shall vest in the State Government free from all encumbrances.(2)The provisions of sub-section (1) of this section shall not apply to lands described in clauses (b) and (c) of that sub-section if, before the date of commencement of this Act-(a)partition of such lands is made by the individual co-sharers through a process of law by a competent court or authority,(b)transfer of such lands is made by the landowner by way of sale, gift or exchange,(c)such land built upon by an inhabitant by raising a residential house or cow-shed.(3)The State Government shall be liable to pay, and the landowners whose rights have been extinguished under sub-section (1) of this section shall be entitled to receive the amount in lieu thereof at the following rates: -(i)for the land reserved for grazing and other common purposes under clause (a) of sub-section (1) of section 8, five times the annual land revenue including rates and cesses chargeable thereon; and(ii)for the remaining land, fifteen times the annual land revenue including rates and cesses chargeable thereon:Provided that where the land vested in the State Government under this Act is not assessed to land revenue, the same shall be construed to be assessed as on similar land in the estate and if not available in the estate then in the adjoining estate or estates, as the case may be.(4)The amount paid to a Panchayat under section 7 shall be deemed to be the Sabha Fund and shall be utilised for such purposes as are mentioned in section 40 of the Himachal Pradesh Panchayati Raj Act, 1968. (19 of 1970).(5)The Collector may, by order in writing, at any time after the land vested in the State Government, direct the landowners to deliver possession thereof within 10 days from the service of the order to such person as may be specified in the order.(6)If the landowners refuse or fail without reasonable cause to comply with the order made under sub-section (5), the Collector may take possession of the land and may for that purpose use such force as may be necessary.
