Section 2 in The Haryana Municipal Common Lands (Regulation) Act, 1974
2. Definitions.
- In this Act, means the context otherwise requires, -(a)"appointed day" in the case of a local area which is at the commencement of this Act a municipality, shall be the date of such commencement; and in other cases the date on which any local area is declared to be a municipality;(b)"displaced person" means a person defined as such in the East Punjab Displaced Persons (Land Resettlement) Act, 1949, or the Patiala and East Punjab States Union Displaced Persons (Land Resettlement) Ordinance, 2006 B.K.(c)"inhabitant of a municipality" means a person who ordinarily resides in a municipality :Provided that temporary absence or absence in relation to employment elsewhere shall not effect his residence in a municipality;(d)"municipality" means any [Local area which, was declared or deemed to have been declared, a municipality under the Punjab Municipal Act, 1911, or is] [Substituted by Haryana Act No. 12 of 1975.] declared a municipality under the Haryana Municipal Act, 1973, and includes a notified area constituted under section 258 or converted as such under section 289 or became notified area under section 280 of the Haryana Municipal Act, 1973; [and shall also include the Faridabad Complex as defined in the Faridabad Complex (Regulation and Development) Act, 1971;] [Added by Haryana Act No. 12 of 1975.](e)"Municipal Committee" means a municipal committee established or deem to have been established [under the Punjab Municipal Act, 1911, or] [Substituted by Haryana Act No. 12 of 1975.] the Haryana Municipal Act, 1973, and includes a notified area committee appointed under section 260 of the Haryana Municipal Act, 1973; [and shall also include the Faridabad Complex Administration established under Section 3 of the Faridabad Complex (Regulation and Development) Act, 1971;] [Added by Haryana Act No. 12 of 1975.](f)"prescribed" means prescribed by rules made under this Act ? and(g)"Shamlat Deh" includes -(1)lands prescribed in the revenue records as Shamlat Deh or Shamlat Tikkas;(2)lands described in the revenue records as Shamlat Tarafs, Pattis-Pannas or Tholas and used according to revenue records for common purposes or for the benefit of the community or a part thereof;(3)lands described as Banjar Qadim and used for common purposes according to revenue records;(4)lands used or reserved for the benefit of the community including streets, lanes, playgrounds, schools, drinking wells or ponds; and(5)lands belonging to the Gram Panchayat of a village and Abadi Deh of which has been included in a municipality and where the Panchayat consists of more than one village the lands belonging to the Panchayat in respect of that village or villages, the Abadi Deh of which has been included in a municipality :but does not include land which -(i)has been allotted on quasi-permanent basis to a displaced person;(ii)has been acquired under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Central Act 44 of 1954) or has been treated as evacuee property under the Administration of the Evacuee Property Act, 1950 (Central 31 of 1950) or is of composite nature in which evacuee and non- evacuee shares have not yet been separated;(iii)has been partitioned and brought under cultivation by individual land holders before the 26th January, 1970;(iv)having been acquired before the 26th January, 1970, by a person by purchase or in exchange for proprietary land from a co-share in the Shamlat Deh, is so recorded in the Jamabandi or is supported by a valid deed;(v)is described in the revenue records as Shamlat Tarafs, Pattis, Pannas or Tholas and is not used according to revenue records for common purposes or for the benefit of the community or a part thereof;(vi)lies outside the Abadi Deh and is used as Gitwar, Bara, Manure pit or house or for cottage industry;(vii)was Shamlat Deh, was assessed to land revenue and has been in the individual cultivating possession of co-shares not being in excess of their respective shares in it on or before the 26th January, 1970;(viii)is used as a place of worship or for purposes subservient thereto; and(ix)belongs to the Gram Panchayat of a village the Abadi Deh of which has not been included in a municipality and where the Panchayat consists of more than one village, the lands belonging to the Panchayat in respect of that village or villages, the Abadi Deh of which has not been included in a municipality.
