Section 4 in The Haryana Municipal Common Lands (Regulation) Rules, 1976
4. Leases.
[Section 5]. - (1) The Committee may lease out land by auction after making publicity in the manner specified in sub-rule (10), subject to the previous sanction of -(i)the Deputy Commissioner when the term of the lease does not exceed five years;(ii)the Commissioner when the term of the lease exceeds five years but does not exceed ten years; and :[Provided that out of the cultivable land proposed to be leased, thirty-three percent shall be reserved for members of the Scheduled Castes and seven per cent for the dependents of the defence personnel killed in any war after the independence of India, for being given on lease by auction. If on two different dates, fixed for auction no such person is forthcoming or the competent authority refuses to confirm auction, the reservation shall cease to have effect] [See Haryana Government GSR 41/HA 15/74/Section 10 dated 4.3.1977.].(2)No employee or member of the committee or the member of his family such as father, grandfather, mother, grandmother, wife, son, grandson, great grandson or any other relative dependent on him shall be allowed to bid in the auction and to take land on lease.(3)The land used for industrial purposes may be auctioned one month before the expiry of the previous lease.(4)All ponds used for plantation of Shingaras and for stocking fish shall be auctioned in the month of September every year.(5)The leases of land for extraction of shora, sand, stone, Kankar, bajri and other minor minerals as defined in the Punjab Minor Mineral Concession Rules, 1964, and grass, kahi and similar other products shall be auctioned at a time to be determined by the Deputy Commissioner when it may be considered to be of maximum advantage.(6)The committee may auction every year the surplus and useless trees. All trees standing on the land shall be marked with numbers and [the marked numbers of surplus and useless tree] [See Haryana Government GSR 41/HA 15/74/Section 10 dated 4.3.1977.] shall be specifically mentioned in the auction notice and the lease deed.(7)The leases of cultivable land in shamlat deh shall be auctioned for rent-in-cash ordinarily in the month of October or November and the annual lease [money] [See Haryana Government GSR 41/HA 15/74/Section 10 dated 4.3.1977.] shall be paid as under :-(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 committee to the lessees concerned earlier than February next. Where in any land or in any part thereof uncut or ungathered crops of the previous lessees are standing, the possession of such land or part thereof, shall be delivered when the crops have [ripened] [See Haryana Government GSR 41/HA 15/74/Section 10 dated 4.3.1977.] and the lessess concerned have been allowed 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.(8)In every case of lease, a lease deed shall be duly executed by the lessee and he shall surrender to the committee possession of the land leased to him if he makes default in the payment of rent subject to the provisions of the Punjab Tenancy Act, 1887.(9)The committee may, by resolution passed in this behalf, depute any officer to conduct the auction after giving due publicity in the manner specified in sub-rule (10).(10)The publicity to auction lease shall be given at least fifteen days before the date of auction by specifying the description of land, the date, time and place fixed for the auction :-(a)through any local Hindi newspaper and where the auction of stone [,] [Haryana Government Gazette Part III, dated 14.6.1971, Page 565.] quarries, bajri or other minor minerals etc., is to be held also through an English newspaper;(b)by posting a copy of the auction notice on notice-board of the offices of the Deputy Commissioner, Sub-Divisional Officer (Civil), Committee and at the other conspicuous places; and(c)by the beat of drum.(11)The terms and conditions of auction shall be announced at the time of auction.[4A. Notwithstanding anything contained in rule 4, a Committee may lease out any land by negotiation on such terms and conditions as may be approved by the Government :Provided that no land shall be leased out by negotiation unless it is in public interest.] [Haryana Government Gazette Part III, dated 14.6.1971, Page 565.]
