Section 6 in The Punjab Village Common Lands (Regulation) Rules, 1964
6. Leases to be by auction.
[Sections 5 and 15(2)(f)]. - (1) Subject to the provisions of sub-rule (1) of rule 4, 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, [-] [Words 'by the Naib Surpanch or in the absence of them both' added vide Notification No. GSR 132/PA/18/61/section 15/Amendment (7)77 dated 9.11.1976 - omitted vide Notification No. GSR 17/PA/18/61/Amendment (12) 79 dated 14.2.1979.] by a panch performing the duties of sarpanch and [two other panches authorised for the purposes of the Gram Panchayat.] [Substituted for words 'two others panches of the gram panchayat' by Punjab Notification No. GSR 19/PA/18/61/section 15/Amendment(5)74 dated 4.2.1974.]Provided that -(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 the Panchayat Samiti refused to confirm the auction under clause 2(a)(i) the reservation shall cease to have effect, and(b)[ any Sarpanch [-] [Substituted by Punjab Notification No. GSR 132/PA/18/61/section 15/Amendment (7)77 dated 9.11.1976.] 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.](2)Lease of land in shamilat deh already under plough shall not be given for a period exceeding [three] [Substituted vide Punjab Notification GSR 19/PA/18/61/section 15/Amendment(16)95 dated 18.4.1995.] years, while that of land, not under plough and infested with trees, bushes, etc. may be given for a period not exceeding [seven] [Substituted vide Punjab Notification GSR 19/PA/18/61/section 15/Amendment(16)95 dated 18.4.1995.] 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 hundred acres and the highest bid of the lease at the auction is less than the average lease rate of the similar shamlat lands in the preceding year] [Substituted by Punjab Notification No. GSR 132/PA/18/61/section 15/Amendment (7)77 dated 9.11.1976.] or(ii)where the area exceeds 100 acres, but does not 500.(b)The Zila Parishad - where the area exceeds 500 acres but does not exceed 1000 acres.(c)The Government when the area exceeds 1000 acres.[Provided that the Panchayat shall, within seven days of the date of auction, apply for approval of the Panchayat Samiti, Zila Parishad 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; and] [Added by Punjab Notification No. GSR 19/PA/18/61/section 15/Amendment(5)74 dated 4.2.1974.]Provided [further] [Added by Punjab Notification No. GSR 19/PA/18/61/section 15/Amendment(5)74 dated 4.2.1974.] 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 improvements 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 vested in a Panchayat may be leased out by auction or on such terms and conditions, as may be agreed upon between the parties upto the period of 33 years for industrial, commercial, educational or professional purposes with the prior-approval of the State Government.] [Substituted by Notification No. G.S.R.7/P.A.18/1961/S.15/Amd.(19)/2008, dated 16.1.2008 (w.e.f 3.2.1964).][Provided further that in the cases of solar and other renewable energy power projects which are approved by the Department of Power or by the Punjab Energy Development Agency, the authority competent to accord prior approval, shall be the Deputy Commissioner of the district concerned.; and] [Added by G.S.R. No. 52/P.A.18/1961/S.15/Amd. (22)/2014, dated 30.9.2014.](4)All ponds used for the plantation of Shingharas and for stocking fish may be auctioned in the month of September every year.[Provided that where a Department of Government of Punjab 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 it to such Department for a period, not exceeding fifteen years or to such members for a period not exceeding ten years as may be agreed upon between the parties.Provided further that the reserve price of such lease shall not be less than six hundred rupees per acre per year and shall after the expiration of first two years of lease period, be subject to an annual increase of ten percentum of the lease money on which the lease was originally granted.] [Proviso substituted by the G.S.R. 49 P/A/18/61/section 15 Amendment 14/84 dated 22.5.1984.](5)[ The lease of lands in shamlat deh for extraction of shora, sand, stone, kankar, bajari and other minor minerals as defined in 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.] [Sub-rule (5) substituted by the Punjab Notification No. GSR 58/PA/18/61/section 15/Amendment (2)67 dated 18.7.1967.](6)The Panchayat may auction every year the surplus and useless trees. All trees standing on the land in shamilat deh shall be marked with numbers and the number of trees so marked shall be specifically mentioned in the auction notice and the sale deed.(ii)[ used for stocking fish may be made for a period not less than five years and not exceeding ten years preferably in the month of May and June:] [Substituted by Notification No. S.O. 61/P.A.18/1961/S.15/2019, dated 7.8.2019 (w.e.f. 3.2.1964).](7)[The leases of cultivable land in shamilat deh shall be auctioned for rent-in-cash at a time to be 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] [Substituted by Punjab Notification No. GSR 132/PA/18/61/section 15/Amendment (7)77 dated 9.11.1976.] :-(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 thereof, 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.(b)For the remaining years of lease, if any, the annual rent shall be paid in advance in February every year.[(6-A) (a) the approximate value of the surplus and useless tress to be auctioned by a Panchayat shall be got determined by it by the Forest Department.(b)The auction of the trees shall be held in the presence of a Committee consisting of :-(i)The Sub Divisional Officer (Civil) the Block Development and Panchayat Officer and the Sarpanch concerned where the value of the said trees does not exceed fifty thousand rupees;(ii)The District Development and Panchayat Officer, the Sarpanch concerned and any officer from the Headquarters of the Department where the value of the said trees exceed fifty thousand rupees, but does not exceed two lac rupees; and(iii)The Additional Deputy Commissioner (Development), the Divisional Deputy Director, Rural Development and Panchayat and the Sarpanch concerned where the value of the said trees exceeds two lac rupees.][7-A. (a) The auction of lease of land in shamilat deh; shall be held in presence of :-(i)[Social Education and Panchayat Officer of the block 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 the auction of shamlat land 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] [Substituted by Punjab Notification No. GSR 75/PA/81/61/section 15/Amendment 8(77) dated 8.7.1977.];(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 Panchayati Raj - where the auction was held in the presence of the District Development and Panchayat Officer;](8)[ In every case of lease, a lease deed shall be duly executed by the lessee, and the lessee shall surrender to the panchayat possession of the land leased to him, after the expiry of the period of lease] [Substituted by Punjab Notification No. GSR 132/PA/18/61/section 15/Amendment (7)77 dated 9.11.1976.].(9)The Panchayat may by resolution passed in this behalf entrust the auction of lease of any land in Shamilat deh vested in it to the panchayat samiti which may depute it [Executive Officer] [Substituted for 'of executive officer' by the Punjab Notification No. GSR 58/PA/18/61/section 15/Amendment (2)67 dated 18.7.1967.] 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, the date, time and place fixed for auction of lease :-(a)[ through any vernacular newspaper 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 with wide circulation, as approved by the Government] [Substituted by Punjab Notification No. GSR 19/PA/18/61/section 15/Amendment(5)74 dated 4.2.1974.].(b)by pasting a copy of auction notice on outer door of the panchayat ghar, village patwarkhana, office of Panchayat Samiti and Zila Parishad at other some conspicuous places 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.
