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Under Section 5A of the Act, a Panchayat may gift the land in shamlat deh, vested in it under the Act, to members of the scheduled castes and backward classes of the village in which such land is situated on such terms and conditions as may be prescribed. The gift of land in shamlat deh, already made, shall be deemed to have been made under Sub-section (1) of Section 5A. Section 5B of the Act prescribes that any transfer of land gifted in pursuance of the provisions of Section 5A, made in contravention of the prescribed terms and conditions, shall be void and the gifted land so transferred shall revert to and re- vest in Panchayat free from all encumbrances. Sections 5A and 5B of the Act were inserted vide Haryana Amendment Act No. 25 of 1976 with retrospective effect.

34. Rule 13 authorises the Panchayat to make a gift for the purposes of hospital, dispensary or education or charitable institutions or for such other purposes as may be approved by the government to the benefits of the inhabitants of the village concerned. Such a gift can be made only with the previous approval of the Government. Rule 13 apparently appears to be beyond the scope of Rule making powers of the State Government inasmuch as the right of the Panchayat to gift the land is circumscribed by the provisions of Sections 5A and 5B of the Act. Clause (ff) of Sub-section (2) of Section 15 authorises the State Government to frame Rules regarding the terms and conditions on which the land shamlat deh may be gifted to the members of the Scheduled Caste and Backward Classes. Section 15 does not authorise the State Government to make Rules with respect to the gift of the land to persons other than those contemplated under Section 5A and 5B of the Act. Any rule which is contrary to the provisions of the Act cannot be given effect to or made the basis of gifting the property, vesting in the Gram Panchayat. It cannot be disputed that the gifts proposed by the Panchayat, approved by the State Government and ultimately made by the Gram Panchayat are in violation of provisions of Section 5A and 5B of the Act read with Rule 13A of the Rules. As the gifts have been made in favour of persons other than those specified in the mandatory provisions of Sections 5A and 5B, the same are void-ab-initio. Making of the gift apparently appears to be abuse of the powers vesting in the Panchayat. The State Government appears to have taken a very casual approach in the matter and granted the approval for reasons best known only to it. Non application of the mind of the State government is writ large in the case. The manner in which the Gram Panchayat and the State Government have dealt with the matter shows that they were overshadowed by the towering political personality of Sh. Chander Shekhar, Chairman of Respondent No. 7. His giant stature, hovering over the office bearers of the Gram Panchayat and officials of the State Government appears to have factually immobilised them in the discharge of their duties which resulted in their succumbing to heavy weight of the influential respondent.

section (1).

5B. Certain transfers not to affect Panchayat's rights.-(1) Any transfer of land, gifted, sold, exchanged or leased before or after the commencement of this Act, made in contravention of the prescribed terms and conditions shall be void and the gifted, sold, exchanged or leased land so transferred shall revert to and revest in the Panchayat free from all encumbrances.