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[Cites 0, Cited by 0] [Section 2] [Entire Act]

State of Himachal Pradesh - Subsection

Section 2(5) in The Punjab Village Common Lands (Regulation) Act, 1961

(5)lands in any village described as banjar qadim and used for common purposes of the village according to revenue records;Provided that shamilat deh at least to the extent of twenty-five per centum of the total area of the village does not exist in the village;but does not include land which -
(i)becomes or has become shamilat deh due to river action or has been reserved as shamilat in villages subject to river action except shamilat deh entered as pasture, pond or playground in the revenue records;
(ii)has been allotted on quasi-permanent basis to a displaced person;
(iii)has been partitioned and brought under cultivation by individual landholders before the 26th January, 1950;
(iv)having been acquired before the 26th January, 1950, by a person by purchase or in exchange for proprietary land from a co-sharer in the shamilat deh is so recorded in the jamabandi or is supported by a valid deed;
(v)is 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;
(vi)lies outside the abadi deh and is used as gitwar, bora, manure pit or house or for cottage industry;
(vii)[ ****] [Omitted, by Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.].
(viii)was shamilat deh, was assessed to land revenue and has been in the individual cultivating possession of co-sharers not being in excess of their respective shares in such shamilat deh on or before the 26th January, 1950; or
(ix)is used as a place of worship or for purposes subservient thereto;
(h)"shamilat law" means -
(i)in relation to land situated in the territory which immediately before the 1st November, 1956, was comprised in the State of Punjab, the Punjab Village Common Lands (Regulation) Act, 1953; or
(ii)in relation to land situated in the territory which immediately before the 1st November, 1956, was comprised in the State of Patiala and East Punjab States Union, the Pepsu Village Common Lands (Regulation) Act, 1954;
(iii)"State Government" means the Government of the State of Punjab.