Section 4 in The Punjab Village Common Lands (Regulation) Act, 1961
4. Vesting of rights in Panchayats and non-proprietors.
(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 whatever in the land,(a)which is included in the shamlat deh of any village and which has not vested in a panchayat under the shamlat law shall, at the commencement of this Act, vest in a panchayat constituted for such village, and, where no such panchayat has been constituted for such village, vest in the panchayat on such date as a panchayat having jurisdiction over that village is constituted;(b)which is situated within or outside the abadi deh of a village and which is under the house owned by a non-proprietor, shall on the commencement of the shamlat law, be deemed to have been vested in such non- proprietor.(2)Any land which is vested in a panchayat under the shamlat law shall be deemed to have been vested in the panchayat under this Act.(3)Nothing contained in clause (a) of sub-section (1) and in sub- section (2) shall affect or shall be deemed ever to have affected the -(i)existing rights, title or interest of persons who though not entered as occupancy tenants in the revenue records are accorded a similar status by custom or otherwise, such as Dholidars, Bhondedars, Butimars, Basikhuopahus, Saunjidars, Muqararidars;(ii)rights of persons in cultivating possession of shamlat deh for more than twelve years without payment of rent or by payment of charges not exceeding the land revenue and cesses payable thereon;(iii)rights of a mortgagee to whom such land is mortgaged with possession before the 26th January, 1950.
