Land Laws, Tenancy & Panchayat Laws CODE NO.

1001

UNIT-I: PUNJAB LAND REVENUE ACT 1887

Definition of Key Words,

1. Land Revenue: It is the revenue which is collected on account of the right to hold
land in the province. The revenue is collected by the state government in the form
of taxes.

2. Estate: An estate refers to a revenue unit comprising one or more villages held by
one or more persons.

3. Landholder: Any person who is entitled to receive rent or revenue on account of

any land, whether on his own account or on behalf of another person, is known as
a landholder.

4. Tenant: A tenant is a person who holds land under another person and is liable to
pay rent or revenue for the land.

5. Occupancy Tenant: An occupancy tenant is a tenant who holds land for an

indefinite period and has a right to retain the land as long as he pays the rent or
revenue on time.

6. Bhumidhar: A bhumidhar is a person who holds land on a permanent basis.

7. Revenue Estate: A revenue estate is an estate in which the land revenue is

collected by the state government.

8. Revenue Officer: A revenue officer is an officer appointed by the state government

for the purpose of collecting revenue and managing land-related affairs.

9. Sub-Divisional Officer: A sub-divisional officer is an officer appointed by the state

government for the purpose of managing land-related affairs in a sub-division.

10. Tehsildar: A Tehsildar is an officer appointed by the state government for the
purpose of managing land-related affairs in a tehsil.

11. Patwari: A Patwari is a village accountant who maintains land records and
collects revenue on behalf of the state government.

12. Khasra: Khasra is a record of land ownership, which includes details of the
landowner, tenant, crops grown, and revenue paid.

13. Khatauni: Khatauni is a document that lists the name of the landowner, details of
the land, and the amount of revenue payable.

14. Jamabandi: Jamabandi is a document that contains information about land

ownership, crops grown, revenue paid, and other details related to the land.
 15. Girdawari: Girdawari is a record of land cultivation, which includes details of the
crops grown, area of land under cultivation, and other related details.

16. Mutation: Mutation is the process of transferring ownership of land from one
person to another.

17. Intkaal: Intkaal is a document that records the transfer of ownership of land.

18. Sirjra Nasab: Sirjra Nasab is a pedigree table that records the lineage of the
landowner.

19. Sirjra Axe: Sirjra Axe is a map that shows the location of the village and the
boundaries of the land under cultivation.

20. Arbitration: Arbitration is a process of settling disputes between parties, where a

third-party arbitrator is appointed to make a decision.

21. Partition: Partition is the process of dividing land among the co-sharers or heirs
of a property.

Revenue Officers: Their Power and Functions,

The Punjab Land Revenue Act, 1887 lays down the framework for the administration of
land revenue and the settlement of land disputes in the state of Punjab. The Act provides
for various revenue officers who have been assigned specific powers and functions to
perform their duties effectively. The powers and functions of these officers are as follows:

1. FINANCIAL COMMISSIONER: The Financial Commissioner is the highest authority in

the revenue administration of the state. Some of their powers and functions
include:

• Overseeing the working of all revenue departments and officers in the state.
• Supervising the revenue work of the districts and other revenue divisions.
• Making rules and issuing orders related to the administration of land revenue.

2. COMMISSIONER: Commissioners are the second-highest revenue officers in the

state. Some of their powers and functions include:

• Supervising the work of the Collector and the Tehsildars in their respective
divisions.
• Conducting inspections and inquiries into any matter related to land revenue and
submitting reports to the government.
• Making decisions related to revenue disputes and appeals.
3. COLLECTOR: Collectors are responsible for the administration of land revenue in
their respective districts. Some of their powers and functions include:

• Preparation and maintenance of the revenue record

• Settlement of land disputes and the disposal of revenue cases
• Distribution of public lands
• Control over the subordinate revenue officers
• Collecting land revenue and other government dues.
• Maintaining records related to land ownership, revenue collection, and land use.
• Enforcing the provisions of the Punjab Land Revenue Act and other revenue laws.
• Resolving revenue disputes between parties.

4. TEHSILDAR: Tehsildars are responsible for revenue administration in their

respective tehsils. Some of their powers and functions include:

• Collection of land revenue and other government dues

• Maintenance of land records
• Preparation of the Jamabandi (record of rights)
• Conducting girdawari (annual survey)
• Disposal of mutation cases
• Maintaining records related to land ownership, revenue collection, and land use in
their tehsil.
• Enforcing the provisions of the Punjab Land Revenue Act and other revenue laws
in their tehsil.
• Resolving revenue disputes between parties in their tehsil.

5. NAIB TEHSILDAR: Naib Tehsildars are junior revenue officers who assist the
Tehsildar in the administration of land revenue in their respective tehsils. Some of
their powers and functions include:

• Collection of land revenue and other dues

• Maintenance of land records
• Preparation of the Jamabandi
• Conducting girdawari
• Disposal of mutation cases
• Hearing of appeals against the orders of Patwari
• Assisting the Tehsildar in revenue collection and maintaining records related to
land ownership, revenue collection, and land use in their tehsil.
• Enforcing the provisions of the Punjab Land Revenue Act and other revenue laws
in their tehsil.
 • Resolving revenue disputes between parties in their tehsil under the supervision of
the Tehsildar.

6. Patwari: Patwari is a village-level revenue officer responsible for maintaining the

village land records. The functions of the Patwari include:
• Maintenance of land records
• Preparation of the Jamabandi
• Conducting girdawari
• Collection of land revenue and other dues
• Disposal of mutation cases

7. Kanungo: Kanungo is a revenue officer who works under the supervision of the
Tehsildar. The functions of Kanungo include:
• Inspection of land records
• Verification of land measurements
• Collection of land revenue and other dues
• Settlement of land disputes
• Preparation of revenue maps

8. Lambardar: Lambardar is a village-level revenue officer responsible for assisting

the Patwari in the maintenance of land records. The functions of the Lambardar
include:
• Maintenance of land records
• Collection of land revenue and other dues
• Settlement of land disputes

Preparation of Revenue Record: Like Documents of Jamabandi, Girdawari, Mutation,

Intkaal, Sijra Nasab (Pedigree Table) Sirjra Axe(Map of the Village)

Preparation of Revenue Record refers to the process of maintaining official records

related to land revenue, ownership, cultivation, and other related aspects. The Revenue
Department of each state in India is responsible for maintaining these records. The
following are the various documents that are part of the revenue record:

1. Jamabandi: It is a register maintained for each revenue estate, which contains

details of land, crops, land revenue, and other revenue-related details. It is
updated every year.

2. Girdawari: It is a record of the cultivation of land in a village or revenue estate. It

contains details of the area cultivated, type of crops, and other relevant details.
 3. Mutation: It is a document that records changes in ownership of the land due to
sale, inheritance, or any other means. It is updated regularly.

4. Intkaal: It is a record of the transfer of land from one person to another. It contains
details of the land and the parties involved in the transfer.

5. Sijra Nasab (Pedigree Table): It is a document that contains information about

the family tree of the landowner. It is useful in determining the ownership of the
land and resolving disputes related to ownership.

6. Sirjra Axe (Map of the Village): It is a map that shows the boundaries of a village
and its various revenue estates. It is useful in identifying the location of the land
and resolving disputes related to ownership.

The process of preparing and maintaining these documents involves the revenue
officials visiting the land and gathering information from the landowners, tenants, and
other stakeholders. The information is then recorded in the relevant documents, which
are updated regularly to reflect any changes in ownership or cultivation.

Jamabandi – Prepared by Patwari

Jamabandi is a type of land revenue record maintained by revenue officials in India. It

is also known as Fard, Pattadar Passbook, or Adangal in different regions of the country.
The Jamabandi contains details of the land revenue assessment, the names of the
owners and tenants, and the nature and extent of the land holdings.

The preparation of Jamabandi is the responsibility of the Patwari, who is a revenue

officer in charge of a revenue estate. The Jamabandi is updated every year based on
the crop harvested and the transfer of land ownership.

The contents of Jamabandi are:

• Khewat Number • Area

• Khatauni Number • Rent Paid By Cultivator, Rate &Amount.
• Name Of Patti &Amount Of Revenue • Share Or Measure Of Rights.
• Owner With Description • Demand With Detail Of Revenue &
• Cultivator With Description Cesses.
• Means Of Irrigation • Remarks.
• Field Number i.e, Khasranumber

The Jamabandi includes the following details:

1. Khata Number: The Khata number is a unique identification number assigned to

each piece of land for revenue purposes.
 2. Names of Owners: The names of all owners of the land are mentioned in the
Jamabandi.

3. Khasra Number: The Khasra number is a number assigned to each plot of land,
and it is used to identify the land in the Jamabandi.

4. Area of the Land: The area of the land is measured in acres, square yards, or
hectares, depending on the region.

5. Classification of Land: The land is classified based on its use, such as agricultural,
residential, commercial, or industrial.

6. Crops Grown: The crops grown on the land are mentioned in the Jamabandi,
along with the area on which they are grown.

7. Revenue Assessment: The revenue assessment is the amount of land revenue

payable on the land, and it is determined based on the crops grown and the area
of the land.

The preparation of Jamabandi is a complex process that involves several steps. These
steps are as follows:

1. Record of Rights: The first step in the preparation of Jamabandi is the

maintenance of a Record of Rights (RoR). The RoR contains details of the
landowners and tenants, the type and extent of land holdings, and the nature of
the land (irrigated or non-irrigated). The RoR is prepared by the revenue officials
and is updated every year.

2. Girdawari: The next step is the conduct of Girdawari. Girdawari is a periodic

inspection of the land holdings by revenue officials. During Girdawari, the officials
inspect the land and record the details of the crops grown, the type of soil, and the
irrigation facilities. The information gathered during Girdawari is used to update
the RoR.

3. Jamabandi Preparation: After the completion of Girdawari, the revenue officials

prepare the Jamabandi. The Jamabandi contains details of the landowners and
tenants, the type and extent of land holdings, the crop grown, and the land
revenue assessment. The Jamabandi is prepared in duplicate, with one copy
being given to the landowner and the other being retained by the revenue
department.

4. Mutation: Mutation is the process of transferring the ownership rights from one
person to another. When a landowner sells their land or passes away, the
ownership rights need to be transferred to the new owner. This is done through a
 process known as Mutation. The details of the Mutation are recorded in the
Jamabandi.

Girdawari – Khasara Girdawari

Gives the description of the crops sown in the respective fields. Khasra girdawari is
prepared by the patwari after every 6 months. In order to know the actual position of
crops sown in respective fields, the concerned patwari has to visit the area in the month
of march in order to know the position of rabi crops & varieties of the crops sown in the
fields. 2nd visit is paid in the month of October in order to know the position of kharif
crops and the varieties of the crops sown in different fields of an estate.

The form of kasra girdawari with instructions regarding the entries to be made is as
follows:

• Khasra number
• Owner's name with description
• Cultivation with rent
• Area
• Class of land according to last jamabandi
• Kharif crops
• Rabi crops
• change of possession & rent, if any.

OR

Girdawari is a type of revenue record maintained by the revenue department of the

government in India. It is also known as 'Cadastral survey'. The term Girdawari is derived
from the Hindi word "Gird" which means "circular" and "awari" which means "tour".

Girdawari is a type of survey of agricultural lands and crops in the revenue record. It is
conducted by revenue officials and village headmen (Patwari) once or twice a year. The
main purpose of Girdawari is to record the following information:

1. Area of each plot of land

2. Ownership of land

3. Crop grown in each plot of land

4. Status of the crop i.e. standing crop, harvested, etc.

5. The nature and extent of damage to the crop, if any

6. The amount of revenue payable by the farmer

The process of Girdawari starts with the revenue officials visiting each agricultural plot
in the village along with the Patwari. They record the details of the crop grown in each
plot and its condition. The record is maintained in a register which is updated after each
Girdawari.

The Girdawari record is important for the following reasons:

1. It serves as proof of ownership of the land and the crop grown on it.

2. It helps in determining the amount of revenue payable by the farmer to the

government.

3. It helps in determining the compensation payable to the farmer in case of crop

damage due to natural calamities like floods, drought, etc.

4. It helps in assessing the agricultural productivity of the region and the country.

Mutation

Mutation is the change of title & ownership from one person to another when the
property is sold or transferred. By mutating a property, the new owner gets the property
recorded on his name in the land revenue department and the govt. Is able to charge
the property tax from the rightful owner. The fee payable vary from state to state.

- in case of inheritance after the death of the owner, the property should be mutated by
submitting the copies of death certificate & relationship documents. To apply for
mutation, an application to the tehsildar of area has to be given on a plain paper along
with the required value of anon-judicial stamp paper.

Documents required for mutation are:

 Copy of sale deed.

 Application for mutation with court fee stamp affixed on it.
 Indemnity bond on stamp paper of requisite value.
 Affidavit on stamp paper of requisite value.
 Receipt of up-to-date property tax payment.

OR

Mutation is a process of updating the revenue record to reflect the change in ownership
of land or any other type of immovable property. When there is a transfer of ownership,
such as a sale, gift, or inheritance of land, the revenue record needs to be updated to
reflect the new owner's details. Mutation is the process by which such changes are made
to the revenue record.
The following are some of the important points to understand about Mutation:

1. Purpose: Mutation helps to maintain accurate and up-to-date land records. It is

an essential process for ensuring the rightful ownership of land.

2. Types of Mutation: There are two types of mutation - voluntary and compulsory.
Voluntary mutation occurs when the owner of the land applies for a change in
revenue records due to the transfer of ownership. Compulsory mutation occurs
when the government acquires land for public purposes such as roads, schools,
hospitals, etc.

3. Application for Mutation: An application for mutation is made by the new owner
or the person who has acquired the land. The application is submitted to the
Tehsildar or the revenue officer who is responsible for the area where the land is
located.

4. Documents Required: The following documents are required for the mutation
process - proof of ownership, sale deed, gift deed, will, death certificate, and other
relevant documents.

5. Mutation Fees: The mutation process involves a fee, which varies from state to
state. The fee is generally a percentage of the market value of the property.

6. Mutation Process: Once the application is submitted, the revenue officer will verify
the documents and conduct a survey of the property to ensure that the
information provided is accurate. If the information is found to be correct, the
revenue officer will approve the mutation.

7. Record of Mutation: Once the mutation is approved, a new entry is made in the
revenue record, which includes the name of the new owner, the details of the
property, and other relevant information.

In India, the process of Mutation is governed by the respective state's Land Revenue Act
and Rules. The importance of mutation lies in ensuring the transparency of land records
and providing legal certainty to the ownership of land.

Intkaal

In the context of the Punjab Land Revenue Act 1887, Intkaal refers to the transfer of
ownership or tenancy rights of land from one person to another. The term can also be
used to refer to the process of updating the revenue record to reflect changes in
ownership or tenancy rights. The following is a detailed explanation of Intkaal:

1. Meaning: Intkaal means the transfer of land from one person to another. It is a
legal process that is undertaken to update the revenue records of the land.
 2. Purpose: The purpose of Intkaal is to keep a record of changes in the ownership or
tenancy rights of land. It is also done to ensure that the revenue records are up to
date.

3. Procedure: The procedure for Intkaal involves the submission of an application to

the concerned revenue officer, along with the required documents such as the
sale deed, gift deed, or will. The revenue officer then verifies the documents and
updates the revenue records accordingly.

4. Effects: The effect of Intkaal is that the new owner or tenant becomes the legal
owner or tenant of the land, and is responsible for paying the land revenue.

5. Importance: Intkaal is important as it ensures that the revenue records are up to

date and accurate. It also helps to prevent disputes over ownership or tenancy
rights of land.

6. Legal provisions: The legal provisions for Intkaal are laid down in Chapter IV of the
Punjab Land Revenue Act 1887. Sections 32 to 36 deal with the transfer of
proprietary rights, while Sections 42 to 44 deal with the transfer of occupancy
rights.

Sijra Nasab (Pedigree Table)

Sijra Nasab or Pedigree Table is a record of the ancestry or genealogy of a landowner or

a group of landowners. In the context of revenue records in India, it is usually maintained
for agricultural landowners or farmers. The record is maintained by the revenue officials
as a part of the land revenue record-keeping system.

The Sijra Nasab records the lineage of a landowner starting from the earliest known
ancestor to the current owner. It includes the names of the owner's father, grandfather,
great-grandfather and so on, as well as the names of their wives and children. It is a
valuable record for establishing ownership rights and inheritance claims.

The Sijra Nasab is usually updated at the time of mutation of the land, which is when the
ownership of the land is transferred from one person to another. The new owner's name
is added to the record along with their lineage information.

The information in the Sijra Nasab is used to establish the rightful heirs to a property and
can also be used to settle disputes related to land ownership. It is an important
document in the land revenue record-keeping system and is maintained by the revenue
officials at the village level.

In summary, the Sijra Nasab or Pedigree Table is a record of the lineage of a landowner
or farmer, maintained as a part of the land revenue record-keeping system. It helps in
establishing ownership rights and inheritance claims and is updated at the time of
mutation of the land.

Sirjra Axe(Map of the Village)

Sirjra Axe is a detailed map of the village that is prepared by the Patwari, who is a
revenue officer responsible for maintaining the land records of a particular village. The
Sirjra Axe is an essential document in the land revenue system of India and is used to
keep track of land ownership, boundaries, and changes in land use.

The Sirjra Axe map is prepared on a scale of 1 inch to 16 karams, which is approximately
equal to 1 inch to 32 meters. The map is drawn on a cloth or paper sheet and shows the
boundaries of each plot of land, the location of wells, trees, and other natural features.
The map also shows the location of roads, buildings, and other structures within the
village.

The Sirjra Axe map is prepared during the settlement process, which is conducted every
30 to 40 years to update the land records of a particular village. During the settlement
process, the Patwari visits each plot of land in the village, records its boundaries and
area, and prepares a map of the village.

The Sirjra Axe map is used for various purposes, such as resolving land disputes,
updating land records, and determining the land revenue payable by each landowner.
The map is also used to calculate the compensation payable to landowners in case of
land acquisition by the government.

In summary, Sirjra Axe is a map of the village that shows the boundaries, location of
natural features, and structures within the village. It is an essential document in the land
revenue system of India and is used for various purposes, such as resolving land
disputes, updating land records, and determining land revenue payable.

Arbitration (Sections 127-135),

Arbitration is a method of alternative dispute resolution (ADR) where parties to a dispute

agree to appoint a third-party neutral, known as an arbitrator, to hear and decide the
dispute. Arbitration is an important aspect of the Punjab Land Revenue Act, 1887, and it
is regulated by Sections 127-135 of the Act. Here is a detailed explanation of these
sections:

1. Section 127: Appointment of Arbitrators - This section allows the parties to a

dispute to appoint arbitrators to resolve the dispute. The parties can choose one
or three arbitrators, and the arbitrators should be appointed in writing.
 2. Section 128: Powers and Duties of Arbitrators - This section outlines the powers
and duties of arbitrators. The arbitrators have the power to summon witnesses,
examine them on oath, and require the production of documents. They can also
make an award based on their findings.

3. Section 129: Time and Place of Arbitration - This section specifies the time and
place of arbitration. The arbitration should be completed within six months from
the date of appointment of the arbitrators. If the arbitration is not completed within
this period, the court may extend the time limit.

4. Section 130: Remuneration of Arbitrators - This section deals with the

remuneration of arbitrators. The arbitrators are entitled to receive remuneration
as agreed between the parties or as determined by the court.

5. Section 131: Making of Award - This section outlines the procedure for making the
award. The arbitrators must make the award in writing, signed by them, and it
should be filed in the court.

6. Section 132: Enforcement of Award - This section deals with the enforcement of
the award. The award, when filed in the court, is enforceable as a decree of the
court.

7. Section 133: Review of Award - This section allows a party to apply for a review of
the award within thirty days from the date of the award. The court can modify,
confirm or set aside the award on the basis of the review.

8. Section 134: Correction of Clerical Errors - This section allows the court to correct
any clerical errors in the award.

9. Section 135: Appeal against Award - This section allows a party to file an appeal
against the award within thirty days from the date of the award. The appeal lies to
the court having jurisdiction to hear appeals from the court that passed the
decree.

In summary, arbitration is an important aspect of the Punjab Land Revenue Act, 1887, as
it provides an efficient and cost-effective way of resolving disputes. The Act provides a
detailed framework for arbitration, which includes the appointment of arbitrators, their
powers and duties, the time and place of arbitration, the remuneration of arbitrators,
and the procedure for making and enforcing the award.

Concepts & Procedure of Partitions

Section 110 to 126 deals with the concept of partition which confers right to a co-sharer
to get his joint property partition without any restriction.
2 types of partition under chapter 9:

 A partition of joint holding by the owners of the land.

 Partition of tenancy by the court tenants.

BASIC PRINCIPLE OF PARTITION:

The law of partition is that co-sharers who come forward for seeking partition of the
land have to display the clear title qua the land proposed to be partitioned, and in the
absence of the clear title all proceedings are nullity.

APPLICATION OF PARTITION: (SECTION-III)

Any joint owner of land, or any joint tenant of a tenancy in which a right of occupancy
subsist, may apply to a revenue officer for partition of his share in the land or the tenancy.
A mortgagee cannot apply for partition unless he proves that he is entitled to it by
custom or by terms of his mortgage.

RESTRICTION AND LIMITATION ON PARTITION: (SECTION - 112)

 Places of worship and burial grounds held in common before partiton shall continue
to be so held after partition, unless the parties otherwise agree among themselves &
record their agreement & file it with revenue officer.
 Any embankment, watercourse, well or tank and any land on which the supply of
water to such work may depend.
 Any land which is occupied as the site of a town or village and is assessed to land
revenue because of that the site of a town or village is treated as the common
property of all the village or town.

NOTICE OF APPLICATION FOR PARTITION UNDER SEC-113:

It states that the revenue officer, on receiving the application and not open to objection,
than fix a day for the hearing

ADDITION OF PARTIES TO THE APPLICATION UNDER SEC-114:

Section - 114 provides that the revenue officer may add any person as applicant for
partition if such a co-sharer desires the partiton of his share also.

ABSOLUTE DISALLOWANCE OF PARTITON UNDER SEC-115:

After examining such co-sharers and other persons, as may be on that day, the revenue
officer may disallow the i partition in those cases only where application is made for the
partiton of common path, common watercourse or other places which are used for
common purposes.
INSTRUMENT OF PARTITON UNDER SEC-121:

When the partiton is completed, instrument of partiton is to be prepared and the date
on which the partition is to take effect to be recorded by revenue officer.

POWER TO MAKE RULES AS TO THE

COST OF PARTITION UNDER SEC-124:

The financial commissioner may make rules for determining the costs of partitions under
this chapter and the mode in which such costs are to be apportioned.

OFFICERS WHO MAY BE EMPOWERED

TO ACT UNDER THIS CHAPTER:

Sec - 126 states that the revenue officer by whom proceedings may be taken under this
chapter shall be a revenue officer of a class not below that of assistant collector of the
first grade.

OR

Partition is the process of dividing property or land between co-owners who want to
separate or divide their shares. In the context of the Punjab Land Revenue Act 1887, the
partition refers to the division of land or property among the co-sharers of an estate.
Here's an explanation of the concepts and procedures of partition:

Concepts:

1. Co-sharer: A co-sharer is a person who shares ownership of a property or land

with others.

2. Estate: An estate is a piece of land that is held by multiple co-sharers who have a
right to it.

3. Partition: Partition is the process of dividing the estate or land between co-
sharers.

4. Share: A share refers to the portion of the land or property that belongs to each
co-sharer.

Procedures:

1. Application for partition: Any co-sharer can apply for partition to the revenue
officer in writing. The application should specify the names and shares of all the
co-sharers, a description of the estate, and any other relevant information.
 2. Inquiry by the revenue officer: After receiving the application, the revenue officer
will conduct an inquiry and verify the claims of the co-sharers. The officer may also
appoint a commissioner to conduct a detailed survey and prepare a report.

3. Decree for partition: If the revenue officer is satisfied that partition is necessary,
he will issue a decree for the partition of the estate. The decree will specify the
shares of each co-sharer and the boundaries of each share.

4. Division of land: After the decree is issued, the co-sharers can divide the land
among themselves according to their shares. They can also exchange their shares
or sell them to others.

5. Mutation of records: After the partition is completed, the revenue officer will
update the revenue records to reflect the new ownership of the land. This process
is known as mutation.

In conclusion, the procedure of partition is an important aspect of the Punjab Land

Revenue Act 1887 as it allows co-sharers to divide their shares of land or property among
themselves. It ensures that each co-sharer gets their rightful share and helps to prevent
disputes and conflicts over land ownership.

UNIT-II THE PUNJAB TENANCY ACT -1887

Definition of Key Words under the Act

The Punjab Tenancy Act, 1887 defines several key words that are important to
understanding the provisions of the Act. Some of the important definitions under the Act
are as follows:

1. Tenant: According to Section 4 of the Act, a tenant is a person who holds land
under another person and is, or but for a special contract would be, liable to pay
rent for that land to that person.

Example: A farmer cultivates land owned by another person and pays rent for the same.
In this case, the farmer is a tenant under the Act.

2. Landlord: As per Section 4 of the Act, a landlord is a person who has the right to
receive rent for land from a tenant.

Example: A landowner who leases out their land to a farmer and receives rent for the
same is a landlord under the Act.

3. Agricultural land: Section 2 of the Act defines agricultural land as land which is
used or is capable of being used for agriculture purposes, including horticulture
and animal husbandry.
Example: Land used for cultivating crops, rearing livestock, or growing fruits and
vegetables is considered agricultural land under the Act.

4. Improvement: Section 2 of the Act defines improvement as any work which adds
to the value of land and is suitable to the character of the land.

Example: Building a well, constructing a boundary wall, or planting fruit trees on a piece
of land can be considered improvements under the Act.

5. Lease: Section 2 of the Act defines lease as a transfer of a right to enjoy property
in consideration of a price paid or promised, or of money or some other thing of
value.

Example: A landowner leasing their land to a tenant for a fixed period and for a rent is
considered a lease under the Act.

6. Tenant holding: Section 2 of the Act defines tenant holding as the land held by a
tenant as a tenant under the Act.

Example: If a farmer cultivates 10 acres of land owned by a landlord and pays rent for
the same, the 10 acres of land is considered the tenant holding under the Act.

These are some of the key definitions under the Punjab Tenancy Act, 1887 that are
essential to understanding the provisions of the Act.

Class of Tenants

The Punjab Tenancy Act, 1887 classifies tenants into different categories based on their
legal rights and obligations. The classes of tenants recognized under the Act are as
follows:

1. Occupancy tenant: An occupancy tenant is a tenant who has held land

continuously for 12 years or more and has made improvements on the land.
According to Section 5 of the Act, an occupancy tenant has the right to retain
possession of the land as long as they pay the rent due on the land.

Example: A farmer who has been cultivating a piece of land for more than 12 years and
has made improvements on the land such as building a house or digging a well is
considered an occupancy tenant under the Act.

2. Non-occupancy tenant: A non-occupancy tenant is a tenant who does not fulfill

the criteria for occupancy tenancy. As per Section 7 of the Act, a non-occupancy
tenant does not have a right to retain possession of the land at the end of the lease
period unless there is an agreement to the contrary.

Example: A tenant who has leased land for a fixed period of time and has not made
improvements on the land is considered a non-occupancy tenant under the Act.
 3. Fixed-term tenant: A fixed-term tenant is a tenant who holds land for a specific
period of time, as defined in the lease agreement. According to Section 7 of the
Act, a fixed-term tenant does not have the right to retain possession of the land at
the end of the lease period unless there is an agreement to the contrary.

Example: A tenant who leases land for a period of three years and pays rent for the same
is considered a fixed-term tenant under the Act.

4. Tenant-at-will: A tenant-at-will is a tenant who holds land with the permission of

the landlord but without any specific agreement regarding the duration of the
tenancy. According to Section 7 of the Act, a tenant-at-will does not have the right
to retain possession of the land at the end of the lease period unless there is an
agreement to the contrary.

Example: A tenant who cultivates land with the permission of the landowner, but without
any lease agreement specifying the duration of the tenancy, is considered a tenant-at-
will under the Act.

These are the different classes of tenants recognized under the Punjab Tenancy Act, 1887.
Each class of tenant has different rights and obligations under the Act.

Law relating to Rent

The Punjab Tenancy Act, 1887 provides for various provisions related to the rent payable
by tenants to landlords. Some of the important provisions related to rent under the Act
are as follows:

1. Fixation of rent: As per Section 8 of the Act, the rent payable by a tenant to a
landlord is generally determined by agreement between the parties. If the rent is
not fixed by agreement, the rent payable is the prevailing market rate.

Example: A tenant and landlord agree to a rent of Rs. 5000 per month for a piece of land.
In this case, the rent payable is the agreed amount of Rs. 5000 per month.

2. Payment of rent: According to Section 9 of the Act, rent is generally payable in

advance, unless otherwise agreed upon between the parties. Rent is usually paid
at the beginning of each agricultural year.

Example: A tenant pays the rent due for a piece of land at the beginning of the
agricultural year, as agreed upon with the landlord.

3. Enhancement of rent: Section 12 of the Act provides for the enhancement of rent
by a landlord. A landlord can apply for the enhancement of rent after a period of
3 years has elapsed from the date on which the rent was last fixed. The rent can
be enhanced up to one-half of the prevailing market rate.
Example: A landlord applies for the enhancement of rent after 3 years from the date on
which the rent was last fixed. The rent can be enhanced up to one-half of the prevailing
market rate.

4. Reduction of rent: Section 13 of the Act provides for the reduction of rent by a
landlord. A landlord can apply for the reduction of rent if the land has become less
productive due to natural causes or if there has been a reduction in the area of
the land.

Example: A landlord applies for the reduction of rent as the land has become less
productive due to natural causes. The rent can be reduced by a percentage as
determined by the court.

5. Payment of arrears: As per Section 14 of the Act, a tenant who fails to pay the rent
due on the land can be sued by the landlord for the recovery of the rent in arrears.
The landlord can also apply for the eviction of the tenant.

Example: A tenant fails to pay rent for a period of six months. In this case, the landlord
can sue the tenant for the recovery of the rent in arrears and also apply for the eviction
of the tenant.

These are some of the important provisions related to rent under the Punjab Tenancy
Act, 1887. The Act provides a framework for the determination, payment, enhancement,
and reduction of rent payable by tenants to landlords.

Law relating to Occupancy of Tenant

The Punjab Tenancy Act, 1887 provides for provisions related to the occupancy of
tenants. Occupancy tenants are those tenants who have held land continuously for a
certain period and have made improvements on the land. Some of the important
provisions related to occupancy tenants under the Act are as follows:

1. Right to retain possession: According to Section 5 of the Act, an occupancy tenant

has the right to retain possession of the land as long as they pay the rent due on
the land. The landlord cannot evict the tenant without the permission of the
revenue court.

Example: An occupancy tenant who has held land continuously for 12 years or more and
has made improvements on the land has the right to retain possession of the land as
long as they pay the rent due on the land.

2. Transfer of occupancy rights: As per Section 15 of the Act, an occupancy tenant

can transfer their occupancy rights in the land to another person with the
permission of the revenue court. The transfer can be made by sale, gift, or
inheritance.
Example: An occupancy tenant can transfer their occupancy rights in the land to their
son or daughter through inheritance with the permission of the revenue court.

3. Fixation of rent for occupancy tenants: According to Section 8 of the Act, the rent
payable by an occupancy tenant is generally determined by agreement between
the parties. If the rent is not fixed by agreement, the rent payable is the prevailing
market rate.

Example: An occupancy tenant and landlord agree to a rent of Rs. 5000 per month for a
piece of land. In this case, the rent payable is the agreed amount of Rs. 5000 per month.

4. Rights and obligations of occupancy tenants: An occupancy tenant has certain

rights and obligations under the Act. For example, an occupancy tenant has the
right to make improvements on the land and to transfer their occupancy rights.
However, an occupancy tenant is also required to pay rent on time and maintain
the land in a proper condition.

Example: An occupancy tenant builds a house on the land and installs a tube well for
irrigation. The tenant is also required to pay the rent due on the land on time and to
maintain the land in a proper condition.

5. Eviction of occupancy tenants: An occupancy tenant can be evicted from the

land only under certain circumstances, such as non-payment of rent or breach of
any of the conditions of the tenancy agreement. The landlord cannot evict an
occupancy tenant without the permission of the revenue court.

Example: An occupancy tenant fails to pay rent for a period of six months. The landlord
can apply for eviction of the tenant with the permission of the revenue court.

These are some of the important provisions related to occupancy tenants under the
Punjab Tenancy Act, 1887. The Act provides a framework for the rights and obligations of
occupancy tenants, the fixation of rent, and the transfer of occupancy rights, among
other things.

Law of Ejectment of Tenants

The Punjab Tenancy Act, 1887 provides for provisions related to the ejectment of tenants.
Ejectment refers to the act of eviction of a tenant from the leased property. Some of the
important provisions related to the ejectment of tenants under the Act are as follows:

1. Grounds for ejectment: A landlord can eject a tenant from the leased property
only on certain grounds. Some of the grounds for ejectment of tenants under the
Act include non-payment of rent, breach of any of the conditions of the tenancy
agreement, subletting the property without the permission of the landlord, and
using the property for a purpose other than that for which it was leased.
Example: A tenant who has leased a shop from the landlord fails to pay rent for three
months. The landlord can apply for the ejectment of the tenant on the ground of non-
payment of rent.

2. Procedure for ejectment: According to Section 50 of the Act, a landlord can apply
for the ejectment of a tenant by filing an application in the revenue court. The court
will then issue a notice to the tenant and give them an opportunity to appear and
show cause as to why they should not be ejected from the property.

Example: A landlord files an application for ejectment of a tenant on the ground of non-
payment of rent. The revenue court issues a notice to the tenant and gives them an
opportunity to appear and show cause as to why they should not be ejected from the
property.

3. Protection against ejectment: The Act also provides certain protections to

tenants against ejectment. For example, an occupancy tenant cannot be evicted
from the property without the permission of the revenue court, even if the tenancy
agreement has expired.

Example: An occupancy tenant who has held land continuously for a certain period and
has made improvements on the land cannot be evicted from the land without the
permission of the revenue court, even if the tenancy agreement has expired.

4. Prohibition against self-help eviction: The Act prohibits landlords from resorting
to self-help eviction methods such as changing locks or forcibly removing the
tenant from the property. Any such action by the landlord is punishable under the
Act.

Example: A landlord changes the locks of the property to prevent the tenant from
entering. This action is considered self-help eviction and is punishable under the Act.

These are some of the important provisions related to the ejectment of tenants under
the Punjab Tenancy Act, 1887. The Act provides a framework for the grounds for
ejectment, the procedure for ejectment, and protections against ejectment, among
other things.

HARYANA CEILING OF LAND HOLDING ACT 1972

Definition of Key Words (Section-3),

Section 3 of the Haryana Ceiling of Land Holding Act, 1972 defines several key terms used
in the Act. Here are some of the important definitions:
 1. Agricultural land: According to the Act, agricultural land means land used for
agriculture or horticulture purposes, including any land used for grazing or other
purposes ancillary to agriculture.

2. Family: The Act defines family as a person, their spouse, and their minor children.

3. Landowner: Landowner refers to any person who holds or owns agricultural land.

4. Person: Person includes an individual, company, association, or body of

individuals, whether incorporated or not.

5. Surplus land: Surplus land refers to any land held by a person in excess of the
ceiling limit prescribed under the Act.

6. Transfer: Transfer includes sale, gift, exchange, mortgage, lease, or any other
mode of transfer of agricultural land.

7. Urban area: Urban area refers to any area within the limits of a municipal
corporation, municipality, municipal committee, or notified area committee.

These definitions are important for understanding the provisions of the Haryana Ceiling
of Land Holding Act, 1972 and the implementation of the Act by the revenue authorities.

Concept of Permissible Area and Surplus Area (Ss-4 to 6),

Sections 4 to 6 of the Haryana Ceiling of Land Holding Act, 1972 deal with the concept of
permissible area and surplus area. Here's an overview:

1. Permissible area: Section 4 of the Act specifies the permissible area of agricultural
land that a person or family can hold. The permissible area varies depending on
the type of land and its location. As of 2021, the permissible area for agricultural
land in Haryana is:

• 10 acres (4 hectares) for irrigated land in rural areas

• 14 acres (5.67 hectares) for non-irrigated land in rural areas

• 2.5 acres (1 hectare) for irrigated land and 5 acres (2 hectares) for non-irrigated
land in urban areas

If a person or family holds agricultural land within the permissible area, they are not in
violation of the Act.

2. Surplus area: Section 5 of the Act defines surplus area as any land held by a
person in excess of the permissible area. If a person holds land in excess of the
permissible area, it is considered surplus land and subject to acquisition by the
government.
 3. Acquisition of surplus land: Section 6 of the Act provides for the acquisition of
surplus land by the government. The revenue authorities are responsible for
identifying and acquiring surplus land from landowners. The government
compensates the landowner for the value of the surplus land as determined by
the revenue authorities.

4. Transfer of surplus land: Section 6A of the Act regulates the transfer of surplus
land acquired by the government. Surplus land cannot be transferred or disposed
of without the prior approval of the government. Any transfer or disposal of surplus
land without approval is void.

The concept of permissible area and surplus area is central to the Haryana Ceiling of
Land Holding Act, 1972. The Act aims to prevent concentration of agricultural land in the
hands of a few and to ensure that surplus land is distributed to landless farmers. The
revenue authorities play a key role in identifying and acquiring surplus land, and the
government compensates landowners for the value of the surplus land.

Ceiling on Land,

A ceiling on land refers to the maximum limit of land that an individual or entity can hold,
as prescribed by law. The ceiling on land is intended to prevent the concentration of land
ownership in the hands of a few individuals or entities and to promote a more equitable
distribution of land.

The ceiling on land is typically set by legislation and can vary from country to country,
and even within countries based on factors such as the type of land, location, and
intended use. In some cases, the ceiling on land may be set by a central authority, while
in other cases, it may be set by regional or local authorities.

The purpose of setting a ceiling on land is to prevent the accumulation of land by

wealthy individuals or entities, who may use their landholding to gain economic or
political power at the expense of smaller landholders. A ceiling on land also aims to
provide access to land for landless farmers and to promote agricultural development.

Several countries have implemented a ceiling on land, including India, Brazil, and Mexico.
In India, several states have enacted legislation to impose a ceiling on landholding, such
as the Haryana Ceiling of Land Holding Act, 1972 and the Kerala Land Reforms Act, 1963.
These laws prescribe a maximum limit of land that an individual or family can own and
provide for the acquisition of surplus land by the government for distribution to landless
farmers.
Overall, the concept of a ceiling on land is intended to promote more equitable
distribution of land and to prevent the concentration of land ownership in the hands of
a few.

Acquisition and Disposal of Surplus Area (SS 7 to 15),

Sections 7 to 15 of the Haryana Ceiling of Land Holding Act, 1972 deal with the acquisition
and disposal of surplus area. Here's an overview:

1. Acquisition of surplus land: Section 7 of the Act empowers the State Government
to acquire surplus land from landowners who hold land in excess of the
permissible area. The Revenue Department is responsible for identifying surplus
land and initiating the acquisition process.

2. Procedure for acquisition: Section 8 of the Act lays down the procedure for the
acquisition of surplus land. The Revenue Department issues a notice to the
landowner, informing them of the proposed acquisition and inviting objections, if
any. The landowner may file objections within 15 days of receiving the notice. If no
objections are received, the Revenue Department proceeds with the acquisition.

3. Determination of compensation: Section 9 of the Act provides for the

determination of compensation payable to the landowner for the acquisition of
surplus land. The compensation is determined by the Collector, taking into
account factors such as the market value of the land, the crops grown on the land,
and any improvements made to the land.

4. Payment of compensation: Section 10 of the Act requires the State Government to

pay the compensation to the landowner within six months of the acquisition. If the
compensation is not paid within this period, the landowner is entitled to interest on
the compensation amount.

5. Disposal of surplus land: Section 11 of the Act provides for the disposal of surplus
land by the State Government. The surplus land can be distributed to landless
farmers, leased out to tenants, or used for any other public purpose. The State
Government may also sell the surplus land, but only after offering it to landless
farmers and tenants.

6. Leasing of surplus land: Section 12 of the Act provides for the leasing of surplus
land by the State Government. The surplus land can be leased out to tenants for a
period of up to six years, renewable for another six years. The lease rent is fixed by
the Collector, taking into account the market value of the land and any
improvements made to the land.
 7. Protection of tenants: Section 13 of the Act provides protection to tenants of
surplus land. If a tenant has cultivated the surplus land for at least one year prior
to its acquisition, they are entitled to continue cultivating the land as a tenant of
the State Government.

8. Appeals: Section 14 of the Act provides for appeals against the acquisition of
surplus land and the determination of compensation. The aggrieved landowner or
tenant may file an appeal to the Revenue Commissioner within 30 days of the
decision.

9. Penalties: Section 15 of the Act provides for penalties for violations of the Act. Any
person who contravenes the provisions of the Act, including the transfer or
disposal of surplus land without the prior approval of the State Government, is
liable to imprisonment for up to six months, a fine, or both.

In summary, Sections 7 to 15 of the Haryana Ceiling of Land Holding Act, 1972 provide for
the acquisition and disposal of surplus land. The State Government is empowered to
acquire surplus land from landowners, determine compensation, and dispose of the
surplus land for public purposes. The Act provides protection to tenants of surplus land
and imposes penalties for violations of its provisions.

Appeal by the Aggrieved Party (Section-18)

Section 18 of the Haryana Ceiling of Land Holding Act, 1972 provides for the right to appeal
by an aggrieved party. Here's an overview:

1. Right to appeal: Any person who is aggrieved by an order made under the Act
may file an appeal to the prescribed authority. The prescribed authority is the
Revenue Commissioner, who is appointed by the State Government.

2. Time limit for filing an appeal: The appeal must be filed within 30 days of the date
of the order. The prescribed authority may, however, entertain an appeal after the
expiry of the 30-day period, if it is satisfied that the appellant had sufficient cause
for not filing the appeal within the prescribed time.

3. Procedure for filing an appeal: The appeal must be made in writing and
addressed to the prescribed authority. The appellant must state the grounds of
the appeal and the relief sought. The appeal must be accompanied by a certified
copy of the order appealed against and a copy of the grounds of appeal.

4. Powers of the prescribed authority: The prescribed authority has the power to
confirm, modify, or reverse the order appealed against. It may also remand the
case for further enquiry and decision.
 5. Finality of the decision: The decision of the prescribed authority is final and
binding on all parties. However, a further appeal may be filed before the High Court
within 60 days of the decision, on a question of law.

In summary, Section 18 of the Haryana Ceiling of Land Holding Act, 1972 provides for the
right to appeal by an aggrieved party. The appeal must be filed within 30 days of the
order, and must state the grounds of the appeal and the relief sought. The prescribed
authority has the power to confirm, modify, or reverse the order appealed against, and
its decision is final and binding on all parties. A further appeal may be filed before the
High Court on a question of law.

HARYANA RENT CONTROL ACT, 1973

Definitions (SS 1-4),

1. "Controller" means a Rent Controller appointed by the State Government under

Section 3 of the Act.

2. "Landlord" means any person who for the time being is receiving or is entitled to
receive, the rent of any premises, whether on his own account or on behalf of
another person, or on behalf of himself and others, and includes any person not
being a tenant who is in occupation of the premises.

3. "Premises" means any building or part of a building, whether residential,

commercial, or industrial, and includes the land appurtenant thereto, but does not
include any place of religious worship.

4. "Rent" means the consideration, whether in cash or in kind, payable on monthly,

weekly, or other periodical basis, by a tenant to a landlord for the use and
occupation of the premises, and includes any amount lawfully payable by the
tenant to the landlord for any services connected with the premises such as water,
electricity, etc.

Rights & Duties of Tenants,

The Haryana Rent Control Act, 1973 lays down the rights and duties of tenants as follows:

Rights of Tenants:

1. Security of tenure: Tenants have the right to remain in the premises during the
tenancy period as long as they pay rent and follow the terms and conditions of
the tenancy agreement.
 2. Right to peaceful possession: A tenant has the right to peaceful possession of the
premises during the tenancy period. The landlord cannot interfere with the
tenant's possession or use of the premises.

3. Right to receive a receipt: A tenant has the right to receive a receipt for every
payment of rent made to the landlord.

4. Right to peaceful enjoyment: A tenant has the right to peaceful enjoyment of the
premises without any disturbance or interference from the landlord.

5. Fair rent: Tenants have the right to pay a reasonable and fair rent for the premises
they occupy. The rent should be in line with the prevailing market rates for similar
properties in the same locality.

6. Basic amenities: Tenants have the right to expect the landlord to provide basic
amenities such as water supply, electricity, and sanitation facilities.

7. Repairs and maintenance: Tenants have the right to expect the landlord to keep
the premises in good condition and make necessary repairs and maintenance.

8. Privacy: Tenants have the right to privacy and to enjoy the peaceful possession of
the premises without any interference from the landlord or others.

Duties of Tenants:

1. Payment of rent: The tenant has the duty to pay rent to the landlord as per the
agreed terms and conditions of the tenancy agreement. The tenant must pay the
rent within the stipulated time period.

2. Maintenance of premises: Tenants have the duty to maintain the premises in a

reasonably good condition and to use them in a responsible manner.

3. Compliance with laws: Tenants have the duty to comply with all applicable laws
and regulations related to the use and occupancy of the premises.

4. Reporting of damages: Tenants have the duty to report any damages or

maintenance issues to the landlord in a timely manner.

5. Return of premises: Tenants have the duty to return the premises in the same
condition as they received them, subject to normal wear and tear.

Example:

Suppose Mr. X is a tenant who has rented a flat in Gurugram. The landlord has promised
to provide 24/7 electricity and water supply, and the rent has been agreed upon as Rs.
15,000 per month. Mr. X pays the rent regularly, keeps the flat clean, and doesn't cause
any damage to the property. However, after a few months, the water supply becomes
erratic, and Mr. X informs the landlord about it. The landlord fails to address the issue,
and Mr. X has to resort to buying water from outside. In this case, Mr. X has the right to
expect the landlord to provide basic amenities such as water supply, and the landlord
has the duty to address any issues related to repairs and maintenance of the property.

Rights and Duties of Landlords,

These rights and duties of landlords are essential to maintain a healthy landlord-tenant
relationship and to ensure that the tenancy agreement is executed smoothly without
any dispute or conflict.

Rights of Landlords:

1. Right to fair rent: Landlords have the right to receive a fair and reasonable rent for
their property.

2. Right to receive rent: The landlord has the right to receive rent from the tenant as
per the agreed terms and conditions of the tenancy agreement.

3. Right to inspection: Landlords have the right to inspect the property at reasonable
times to ensure that the tenants are using the premises responsibly and not
causing any damage.

4. Right to compensation: Landlords have the right to receive compensation for any
damages caused by the tenants to the property.

5. Right to end tenancy: Landlords have the right to end the tenancy after giving the
tenant a notice period as per the provisions of the Act.

6. Right to eviction: The landlord has the right to evict the tenant on valid grounds
such as non-payment of rent, subletting of premises without permission, breach
of tenancy agreement, or use of premises for illegal activities.

7. Right to increase rent: The landlord has the right to increase the rent after giving
the tenant a notice period of 15 days.

Duties of Landlords:

1. Provision of basic amenities: Landlords have the duty to provide basic amenities
such as water supply, electricity, and sanitation facilities to the tenants.

2. Repairs and maintenance: Landlords have the duty to maintain the premises in
good condition and make necessary repairs in a timely manner.
 3. Non-discrimination: Landlords have the duty not to discriminate against tenants
on the basis of caste, religion, gender, or any other factor.

4. Security deposit: Landlords have the duty to return the security deposit to the
tenant at the end of the tenancy period, subject to any deductions for damages
caused by the tenant.

5. Adherence to the law: Landlords have the duty to comply with all applicable laws
and regulations related to the use and occupancy of the property.

6. Duty to provide safe and habitable premises: The landlord has the duty to
provide the tenant with safe and habitable premises which are fit for human
habitation. The premises should be free from any structural defects or hazards.

7. Duty to give notice: The landlord has the duty to give the tenant a notice of at least
15 days before terminating the tenancy agreement or increasing the rent.

Example: Suppose Mr. Y is a landlord who has rented out a house in Faridabad. The
tenant, Mr. Z, has been living in the house for six months and has been paying rent on
time. However, Mr. Z has been causing damage to the property by painting the walls with
graffiti and breaking some windows. In this case, Mr. Y has the right to receive
compensation for the damages caused by Mr. Z. On the other hand, Mr. Y also has the
duty to maintain the property and make necessary repairs in a timely manner to ensure
that the tenants can live comfortably.

Grounds of Ejectment of Tenants.

The Haryana Rent Control Act, 1973 provides for the following grounds for the ejectment
of tenants by landlords:

1. Non-payment of rent: If the tenant fails to pay the rent for two months or more,
the landlord can file a suit for the ejectment of the tenant.

2. Subletting without permission: If the tenant sublets the premises to any other
person without the landlord's permission, the landlord can file a suit for ejectment.

3. Breach of tenancy agreement: If the tenant breaches any of the terms and
conditions of the tenancy agreement, the landlord can file a suit for ejectment.

4. Illegal use of premises: If the tenant uses the premises for any illegal purpose, the
landlord can file a suit for ejectment.
 5. Nuisance or annoyance: If the tenant causes a nuisance or annoyance to the
neighbors or other occupants of the building, the landlord can file a suit for
ejectment.

6. Damage to property: If the tenant causes damage to the property or the premises,
the landlord can file a suit for ejectment.

7. Personal use: If the landlord requires the premises for his own personal use or for
the use of any member of his family, the landlord can file a suit for ejectment.

8. Bonafide need: If the landlord needs the premises for any bonafide purpose such
as repair, reconstruction, or renovation, the landlord can file a suit for ejectment.

It is important to note that the landlord can file a suit for ejectment only on these grounds
and after following the due process of law, including giving a notice of ejectment to the
tenant. The landlord cannot evict the tenant without a court order.

UNIT-III: HARYANA PANCYAYATI RAJ ACT 1994 (Ss 1 to 54) (Chapter 1 to 6)

Definition of Key Words,

1. Statute: A law enacted by a legislative body, such as a state or federal

government.

2. Jurisdiction: The power or authority of a court to hear and decide a case.

3. Plaintiff: A person or party who brings a lawsuit against another party.

4. Defendant: A person or party who is being sued or accused of a wrongdoing.

5. Appeal: A request made by a party to a higher court to review a decision made by

a lower court.

6. Writ: A legal document issued by a court that orders or prohibits a certain action.

7. Injunction: A court order that requires a person or entity to stop a certain activity
or behavior.

8. Liability: The legal responsibility for one's actions or omissions that result in harm
or damage to another person or entity.

9. Damages: Compensation or monetary award granted to a party who has suffered

harm or loss as a result of another's wrongdoing.

10. Hearing: A legal proceeding in which parties present evidence and arguments
before a judge or other adjudicative body.
 11. Subpoena: A legal order that requires a person to appear in court or produce
evidence in a legal proceeding.

12. Testimony: Evidence provided by a witness under oath or affirmation in a legal

proceeding.

13. Discovery: The process by which parties exchange information and evidence in a
legal proceeding.

14. Adjudication: The process by which a judge or adjudicative body makes a final
decision in a legal proceeding.

15. Judgment: The final decision or order issued by a court in a legal proceeding.

Constitution of Gram Sabha and Gram Panchayat,

As per the Haryana Panchayati Raj Act, 1994, the constitution of Gram Sabha and Gram
Panchayat can be explained as follows:

Constitution of Gram Sabha:

The Constitution of Gram Sabha consists of the following provisions:

1. Composition: Gram Sabha is composed of all the adult members of the village
who are 18 years of age or above and are registered in the electoral rolls of the
village. The Gram Sabha has a President who is called the Sarpanch and a
Secretary who is called the Gram Sachiv.

2. Meetings: Gram Sabha meetings are held at least twice a year in every village.
Additional meetings can be held as and when necessary. The meetings of the
Gram Sabha are open to all the members of the village and are presided over by
the Sarpanch.

3. Powers and functions: The Gram Sabha has several powers and functions which
include the following:

• Approving the annual plans and budgets of the Gram Panchayat.

• Electing members of the Gram Panchayat.

• Approving the development works to be undertaken in the village.

• Maintaining records of births, deaths, and marriages in the village.

• Resolving disputes related to land, water, and other resources.

4. Decision-making process: The decisions of the Gram Sabha are taken through a
process of discussion and consensus-building. All the members of the Gram
 Sabha have the right to participate in the discussions and express their opinions.
The decisions taken by the Gram Sabha are binding on the Gram Panchayat and
other government authorities.

Constitution of Gram Panchayat:

The Constitution of Gram Panchayat consists of the following provisions:

1. Composition: Gram Panchayat is composed of elected members who represent

the village and are responsible for the governance and development of the village.
The number of members varies according to the population of the village. The
Gram Panchayat has a President who is called the Sarpanch and a Secretary who
is called the Gram Sachiv.

2. Elections: Members of the Gram Panchayat are elected by the adult members of
the village who are 18 years of age or above and are registered in the electoral
rolls of the village. The elections are held every five years and are conducted by
the State Election Commission.

3. Powers and functions: The Gram Panchayat has several powers and functions
which include the following:

• Preparing plans and budgets for the development of the village.

• Implementing development schemes and programs.

• Collecting taxes and other revenues.

• Maintaining records of births, deaths, and marriages in the village.

• Maintaining law and order in the village.

4. Committees: The Gram Panchayat can constitute various committees for the
efficient functioning of the Panchayat and to facilitate the decision-making
process. Some of the committees include the Standing Committee, the Finance
Committee, and the Social Justice Committee.

5. Decision-making process: The decisions of the Gram Panchayat are taken

through a process of discussion and voting. The Sarpanch presides over the
meetings of the Gram Panchayat and all the members of the Panchayat have the
right to participate in the discussions and express their opinions. The decisions
taken by the Gram Panchayat are binding on the Gram Sabha and other
government authorities.
Gram Sabha Gram Panchayat

General assembly of all adult residents of

a village Body of elected representatives

Forum for discussing and deliberating on Responsible for the administration of the
local issues village

Decides on matters related to the village Implements decisions taken by the Gram
such as sanitation, water supply, health, Sabha and is responsible for the day-to-
education, and social welfare day management of the village

Acts as a check and balance on the power Decides on the allocation of funds for
of the Gram Panchayat various development projects in the village

Decides on the use of village common Approves and implements development

lands, forests, and other natural resources plans for the village

Elects representatives to the Gram Elected by the members of the Gram

Panchayat Sabha

Example:

Suppose there is a village called ABC in Haryana. The Gram Sabha of ABC village consists
of all the adult residents of the village. They hold meetings to discuss various issues
related to the village such as sanitation, water supply, health, education, and social
welfare. They also decide on matters related to the use of village common lands, forests,
and other natural resources.

On the other hand, the Gram Panchayat of ABC village consists of elected
representatives who are responsible for the administration of the village. They
implement the decisions taken by the Gram Sabha and are responsible for the day-to-
day management of the village. They also decide on the allocation of funds for various
development projects in the village and approve and implement development plans for
the village.

Gram Panchayat's Duties,

The Gram Panchayat is the basic unit of administration in the rural areas of India. The
main duties and functions of the Gram Panchayat as per the Haryana Panchayati Raj
Act 1994 are as follows:

1. Planning and execution of developmental activities: The Gram Panchayat is

responsible for planning and executing developmental activities in the village,
including the construction of roads, schools, dispensaries, sanitation facilities, etc.

2. Collection and management of revenue: The Gram Panchayat collects and

manages revenue in the form of taxes, fees, and other charges levied on the
residents of the village. It also manages the revenue generated from the village
commons, such as grazing land and water bodies.

3. Maintenance of law and order: The Gram Panchayat maintains law and order in
the village and is responsible for resolving disputes between residents. It can
impose penalties and fines for violations of village by-laws and regulations.

4. Management of public property: The Gram Panchayat is responsible for

managing public property such as community centers, public parks, and
playgrounds. It can also take action against unauthorized occupation or
encroachment of public property.

5. Poverty alleviation and welfare programs: The Gram Panchayat is responsible for
the implementation of various poverty alleviation and welfare programs in the
village, such as the National Rural Employment Guarantee Scheme (NREGS), mid-
day meal program, etc.

6. Health and sanitation: The Gram Panchayat is responsible for ensuring proper
sanitation facilities in the village, including the construction and maintenance of
public toilets, drainage systems, and garbage disposal facilities. It is also
responsible for implementing various health programs in the village, such as
immunization drives, family planning programs, etc.

7. Preservation of ecology: The Gram Panchayat is responsible for preserving the

ecology of the village, including the conservation of forests, water bodies, and
other natural resources.

Overall, the Gram Panchayat plays a vital role in the development and administration of
rural areas in India, and its duties and functions are essential for the well-being of the
residents of the village.

Functions and Powers,

Functions and powers of a Gram Panchayat are defined in the Haryana Panchayati Raj
Act, 1994. Some of the important functions and powers of a Gram Panchayat are:

1. Social Justice: The Gram Panchayat has the responsibility of promoting social
justice and social harmony among the villagers. It should identify the weaker
sections of the society and take necessary measures for their upliftment.

2. Development: The Gram Panchayat is responsible for the development of the

village. It should prepare and implement plans for the development of the village
and undertake various developmental works such as the construction of roads,
bridges, schools, health centres, public buildings, etc.

3. Maintenance of Common Property Resources: The Gram Panchayat is

responsible for the maintenance of common property resources such as grazing
land, ponds, wells, and other public places.

4. Collection of Taxes and Fees: The Gram Panchayat is authorized to collect taxes,
fees, and other revenues for the village. These revenues can be used for the
development of the village and for the welfare of its residents.

5. Implementation of Government Schemes: The Gram Panchayat is responsible for

implementing various government schemes related to rural development, poverty
alleviation, and other welfare measures.

6. Control over Village Markets: The Gram Panchayat has the power to regulate and
control the village markets, fairs, and other economic activities taking place within
the village.

7. Maintenance of Law and Order: The Gram Panchayat is responsible for

maintaining law and order within the village. It should take necessary measures
to prevent any crime or disturbance in the village.

8. Settlement of Disputes: The Gram Panchayat has the power to settle disputes
arising among the villagers. It can also act as a mediator to resolve disputes
between different parties.

9. Promotion of Education: The Gram Panchayat should promote education in the

village. It should take necessary measures to provide education to children and
adults.

10. Protection of Environment: The Gram Panchayat is responsible for the protection
of the environment within the village. It should take necessary measures to prevent
pollution and conserve natural resources.
Finance and Taxation,

Under the Haryana Panchayati Raj Act 1994, Gram Panchayats are authorized to levy
and collect certain taxes and fees to generate revenue for carrying out their functions
and duties. The Act provides the following provisions regarding finance and taxation:

1. Levy and Collection of Taxes: Gram Panchayats are empowered to levy and
collect taxes on various activities, including markets, fairs, animal grazing, and the
sale of liquor. They can also impose user charges on public services provided by
them.

2. Preparation of Budget: Every Gram Panchayat is required to prepare an annual

budget estimating its income and expenditure for the forthcoming year.

3. Approval of Budget: The budget of the Gram Panchayat is required to be

approved by the Gram Sabha in its meeting.

4. Collection and Disbursement of Funds: The funds of the Gram Panchayat are to
be collected and disbursed in accordance with the provisions of the Act and the
rules made thereunder.

5. Maintenance of Accounts and Audit: The Gram Panchayat is required to maintain

proper accounts and records of its financial transactions, which are subject to
audit by the prescribed authorities.

6. Borrowing Powers: Gram Panchayats are authorized to borrow funds for carrying
out their functions and duties, subject to the prior approval of the prescribed
authority.

7. Utilization of Funds: The funds generated by the Gram Panchayat are to be utilized
only for carrying out its functions and duties as provided under the Act.

Overall, the Haryana Panchayati Raj Act 1994 empowers Gram Panchayats to generate
revenue through taxation and other means, which is then utilized for carrying out their
various functions and duties.

Control of Gram Panchayat,

Under the Haryana Panchayati Raj Act 1994, the Gram Panchayat is subject to various
controls to ensure accountability and transparency in their functioning. Some of the
controls on the Gram Panchayat are:

1. Audit: The accounts of the Gram Panchayat are subject to an annual audit by the
Block Development and Panchayat Officer or any other officer authorized by the
 State Government. The audit report is submitted to the Zila Parishad, which may
take appropriate action on the basis of the report.

2. Supervision: The Deputy Commissioner or any officer authorized by the State

Government may inspect the records and properties of the Gram Panchayat to
ensure that its functions are being carried out efficiently and in accordance with
the law.

3. Suspension and dissolution: The State Government has the power to suspend or
dissolve a Gram Panchayat if it is satisfied that the Panchayat is not functioning in
accordance with the law or is not carrying out its duties properly.

4. Direction: The Director of Development and Panchayats or any other officer

authorized by the State Government may give directions to the Gram Panchayat
regarding its functions, duties and financial management.

5. Inquiry: The State Government may order an inquiry into the affairs of the Gram
Panchayat if it receives a complaint or has reason to believe that the Panchayat
is not functioning in accordance with the law.

6. Removal: Members of the Gram Panchayat can be removed from office for
misbehavior or for being absent from meetings for a specified period of time.

These controls ensure that the Gram Panchayat functions in a transparent and
accountable manner and that the funds allocated to it are used for the benefit of the
community.

Sources of Income and Expenditure of Gram Panchayat.

The sources of income and expenditure of a Gram Panchayat under the Haryana
Panchayati Raj Act, 1994 are as follows:

1. Taxes and Fees: The Gram Panchayat is authorized to levy and collect taxes and
fees from the residents of the village. The taxes may include property tax, water
tax, sanitation tax, and other local taxes. The fees may include charges for birth
and death certificates, licenses, and permits.

2. Grants-in-Aid: The State Government and the Central Government may provide
grants-in-aid to the Gram Panchayat for specific purposes. The grants may be in
the form of cash, material, or services.

3. Contributions and Donations: The Gram Panchayat may receive contributions

and donations from the residents of the village or from other organizations for
specific purposes.
 4. Loans and Advances: The Gram Panchayat may obtain loans and advances from
the State Government, Central Government, or any other financial institutions for
specific purposes.

5. Rents and Royalties: The Gram Panchayat may lease or rent out its property or
assets to generate income. It may also receive royalties from the mining or
extraction of minerals, sand, or other natural resources within the village.

The expenditure of the Gram Panchayat may include the following:

1. Salaries and Wages: The Gram Panchayat may pay salaries and wages to its
employees, including the Sarpanch, Secretary, and other staff.

2. Infrastructure Development: The Gram Panchayat may spend money on the

development of infrastructure such as roads, bridges, water supply, and sanitation
facilities.

3. Social Welfare: The Gram Panchayat may spend money on social welfare
programs such as education, health, and housing.

4. Maintenance and Repair: The Gram Panchayat may spend money on the
maintenance and repair of its assets, including buildings, roads, and equipment.

5. Administration and Governance: The Gram Panchayat may spend money on the
administration and governance of the village, including holding meetings,
maintaining records, and communicating with higher authorities.

UNIT-IV:

HARYANA PANCHAYATI RAJ ACT 1994, PANCHAYATI SAMITI

(CHAPTER 7 TO 11) AND (SECTION 55 TO 116)
Definition of Key Words,

1. Gram Sabha: Section 2(8) defines Gram Sabha as a body consisting of persons
registered in the electoral rolls relating to a village comprised within the area of
Panchayat at the village level.

2. Gram Panchayat: Section 2(9) defines Gram Panchayat as a body constituted for
a village or group of villages under this Act.

3. Panchayat Samiti: Section 2(16) defines Panchayat Samiti as a body constituted

at the intermediate level between the Gram Panchayat and Zila Parishad.

4. Zila Parishad: Section 2(22) defines Zila Parishad as a body constituted for a
district under this Act.
 5. Panch: Section 2(15) defines Panch as a member of the Gram Panchayat.

6. Sarpanch: Section 2(20) defines Sarpanch as the elected head of the Gram
Panchayat.

7. Panchayat Area: Section 2(14) defines Panchayat area as the territorial area of
the Panchayat.

8. Panchayat Fund: Section 2(13) defines Panchayat Fund as the fund constituted
under Section 110.

9. Panchayat Secretary: Section 2(17) defines Panchayat Secretary as an officer

appointed by the Government to assist the Panchayats in the performance of their
functions.

10. Prescribed: Section 2(19) defines prescribed as prescribed by rules made under
this Act.

Panchayat Samities

Panchayat Samiti is a local government body in India that operates at the intermediate
level between the Gram Panchayat and the Zilla Parishad. It is a statutory body that
functions as a local self-government institution in rural areas. Panchayat Samities are
also known as Block Panchayats, Taluk Panchayats, or Mandal Panchayats in different
states.

The main features of Panchayat Samities are as follows:

1. Composition: A Panchayat Samiti is composed of elected members from the

Gram Panchayats within its jurisdiction. The number of members varies
depending on the population and the number of Gram Panchayats in the area.
The members of the Panchayat Samiti elect a President and a Vice President to
lead the Panchayat Samiti.

2. Elections: The members of the Panchayat Samiti are elected by the Gram
Panchayats within its jurisdiction. The elections are conducted by the State
Election Commission and are held every five years.

3. Powers and functions: The Panchayat Samiti has several powers and functions,
which include the following:

• Preparation of plans and budgets for the development of the block or taluk.

• Implementation of various development schemes and programs in the block or

taluk.
 • Management of schools, health centers, and other public facilities in the block or
taluk.

• Collection of taxes and other revenues.

• Coordination and monitoring of the activities of the Gram Panchayats within its
jurisdiction.

4. Committees: The Panchayat Samiti can constitute various committees to facilitate

the decision-making process and ensure the efficient functioning of the
Panchayat Samiti. Some of the committees include the Standing Committee, the
Finance Committee, and the Social Justice Committee.

5. Decision-making process: The decisions of the Panchayat Samiti are taken

through a process of discussion and voting. The President presides over the
meetings of the Panchayat Samiti, and all the members of the Panchayat Samiti
have the right to participate in the discussions and express their opinions. The
decisions taken by the Panchayat Samiti are binding on the Gram Panchayats and
other government authorities within its jurisdiction.

Conduct of Business of Panchayat Samities,

The Haryana Panchayati Raj Act, 1994 provides for the establishment of Panchayat
Samitis in the state, which are intermediate-level local self-government institutions. The
conduct of business of Panchayat Samities is governed by the provisions of the Act and
the rules made thereunder.

Some of the key provisions regarding the conduct of business of Panchayat Samities
under the Act are as follows:

1. Meetings: Panchayat Samitis are required to hold regular meetings for the
conduct of their business. The Act specifies that at least one meeting of the
Panchayat Samiti shall be held in every month.

2. Quorum: The quorum for the meeting of the Panchayat Samiti is one-third of the
total number of members or three, whichever is higher.

3. Notice: A notice of at least seven days is required to be given for a meeting of the
Panchayat Samiti. The notice should specify the date, time, and place of the
meeting, as well as the agenda.

4. Agenda: The agenda for the meeting of the Panchayat Samiti is prepared by the
Secretary of the Panchayat Samiti in consultation with the Chairman. The agenda
 should contain items of business proposed by the members, as well as those
proposed by the Chairman or the Secretary.

5. Conduct of business: The Chairman of the Panchayat Samiti presides over the
meeting, and in their absence, the Vice-Chairman presides. The proceedings of
the meeting are recorded by the Secretary, and a copy of the minutes is sent to
the members.

6. Decision-making: All decisions of the Panchayat Samiti are taken by a majority of

the members present and voting. In case of a tie, the Chairman has a second or
casting vote.

7. Sub-committees: The Panchayat Samiti may appoint sub-committees for the

efficient conduct of its business. The Act specifies that the Chairman of the
Panchayat Samiti shall be the ex-officio Chairman of all sub-committees.

8. Budget: The Panchayat Samiti is required to prepare an annual budget for the
financial year. The budget should provide for all the proposed expenditure and
indicate the estimated receipts.

9. Accounts: The Panchayat Samiti is required to maintain proper accounts of its

income and expenditure. The accounts are subject to audit by the prescribed
authority.

Overall, the Act provides for a detailed framework for the conduct of business of
Panchayat Samities, which helps to ensure transparency, accountability, and efficient
functioning.

Servant of Panchayat Samities,

The term "servant" in the context of Panchayat Samitis refers to employees appointed by
the Samitis to carry out various administrative and technical functions. The Haryana
Panchayati Raj Act, 1994 lays down provisions for the appointment, service conditions,
and conduct of these servants.

Some of the key points regarding the servants of Panchayat Samitis are:

1. Appointment: The Panchayat Samiti is authorized to appoint servants as per the

prescribed qualifications and selection procedure (Section 88).

2. Service Conditions: The service conditions of the servants of Panchayat Samitis

are governed by the rules made by the State Government. These rules may cover
various aspects of their employment such as their pay, allowances, leave, and
other benefits (Section 89).
 3. Conduct: The servants of Panchayat Samitis are required to maintain discipline
and integrity in their work. They are also prohibited from engaging in any political
activity or contesting any election (Section 90).

4. Suspension and Removal: The Panchayat Samiti may suspend or remove any
servant if he/she is found to be incompetent, negligent, or guilty of misconduct.
However, the servant has the right to be heard before any such action is taken
against him/her (Section 91).

5. Appeals: Any servant who is aggrieved by the decision of the Panchayat Samiti
regarding his/her suspension or removal may appeal to the prescribed authority
within a specified time period (Section 92).

6. Liability: The servants of Panchayat Samitis are liable for any loss or damage
caused to the Panchayat Samiti due to their negligence or misconduct (Section
93).

Overall, the provisions regarding the servants of Panchayat Samitis aim to ensure
efficient and transparent administration of the Samitis. The act provides a framework for
their appointment, service conditions, and conduct to promote good governance at the
grass-root level.

Duties and Powers of Panachayat Samiti,

Duties of Panchayat Samiti:

1. Planning and Execution of Development Works: The Panchayat Samiti is

responsible for preparing and implementing plans for the development of the
Panchayat Samiti area. They identify development needs, assess available
resources, and plan for the implementation of various development works.

2. Sanitation and Public Health: The Panchayat Samiti is responsible for ensuring the
cleanliness of the Panchayat Samiti area, including the maintenance of public
toilets and garbage disposal. They also oversee public health programs and
vaccination campaigns.

3. Agricultural Development: The Panchayat Samiti works towards promoting

agricultural development and providing support to farmers in the Panchayat
Samiti area. They are responsible for implementing government schemes related
to agriculture and providing technical assistance to farmers.

4. Animal Husbandry: The Panchayat Samiti is responsible for promoting and

developing animal husbandry activities in the Panchayat Samiti area. They
 provide support to livestock owners, promote breeding programs, and implement
government schemes related to animal husbandry.

5. Education: The Panchayat Samiti is responsible for promoting and improving

education in the Panchayat Samiti area. They establish and maintain primary and
middle schools and also provide scholarships and other incentives to encourage
education.

6. Health Care: The Panchayat Samiti is responsible for providing basic health care
facilities to the people in the Panchayat Samiti area. They establish and maintain
health centers and dispensaries and also provide financial assistance to people
for medical treatment.

7. Social Welfare: The Panchayat Samiti works towards the welfare of the weaker
sections of the society, such as the elderly, the disabled, and women. They
implement government schemes related to social welfare and provide financial
assistance to people in need.

8. Water Supply: The Panchayat Samiti is responsible for ensuring the availability of
clean drinking water to the people in the Panchayat Samiti area. They establish
and maintain water supply schemes and also implement government schemes
related to water supply.

9. Roads and Transportation: The Panchayat Samiti is responsible for the

construction and maintenance of roads and bridges in the Panchayat Samiti area.
They also provide transportation facilities to people in need, such as ambulance
services.

10. Financial Management: The Panchayat Samiti is responsible for preparing and
implementing the annual budget for the Panchayat Samiti area. They also
maintain financial records and ensure transparency and accountability in
financial management.

Powers of Panchayat Samiti:

1. Financial Power: The Panchayat Samiti has the power to prepare and pass the
annual budget for the block or taluk. It can allocate funds for various development
programs and schemes and can also sanction loans for these programs.

Tax Collection: The Panchayat Samiti has the power to collect taxes and other revenues from
the people in its jurisdiction. It can impose taxes such as property tax, professional tax, and
entertainment tax, among others.
 2. Administrative Power: The Panchayat Samiti has the power to appoint and
supervise the staff of Gram Panchayats within its jurisdiction. It can also initiate
disciplinary action against the staff if necessary.

3. Legal Power: The Panchayat Samiti has the power to make rules and regulations
for the efficient functioning of the Gram Panchayats within its jurisdiction. It can
also settle disputes between Gram Panchayats.

4. Judicial Power: The Panchayat Samiti has the power to impose penalties and fines
for violations of rules and regulations made by the Gram Panchayats. It can also
hear appeals against the decisions of the Gram Panchayats.

Finance and Taxation,

Under the Haryana Panchayati Raj Act 1994, the Panchayat Samiti has been given the
power to levy and collect taxes and fees for various purposes, including:

1. Property Tax: The Panchayat Samiti has the power to levy and collect property
taxes on land and buildings within its jurisdiction. This tax is based on the annual
rental value of the property and is used for the maintenance and improvement of
local infrastructure.

2. Octroi: The Panchayat Samiti can impose octroi on goods entering its jurisdiction
for consumption, sale, or use. The tax is levied on the weight, quantity or
measurement of the goods, and is collected by the Panchayat Samiti at the entry
points to its jurisdiction.

3. Entertainment Tax: The Panchayat Samiti can levy and collect an entertainment
tax on cinema shows, circus, melas, and other forms of entertainment held within
its jurisdiction.

4. Professional Tax: The Panchayat Samiti can levy and collect a professional tax on
individuals engaged in professions such as medicine, law, engineering, and
accountancy, within its jurisdiction.

5. User Charges: The Panchayat Samiti can collect user charges for the use of public
utilities such as water supply, sanitation, and street lighting.

In addition to the above, the Panchayat Samiti also has the power to borrow funds from
financial institutions for the development and maintenance of local infrastructure. It can
also receive grants from the state government for specific projects and schemes.

The Panchayat Samiti is responsible for preparing and implementing its own budget,
which is approved by its members in a meeting. The budget includes estimates of the
income and expenditure for the year, and outlines the planned activities and projects for
the year.
The Panchayat Samiti also has the power to audit the accounts of the Gram Panchayats
within its jurisdiction, and to ensure that they are maintaining proper accounts and
records of their income and expenditure.

Sources of Income of Panchayat Samiti,

As per the Haryana Panchayati Raj Act, 1994, the sources of income of a Panchayat
Samiti can be classified as follows:

1. Grants-in-Aid from the State Government:

• The Panchayat Samiti may receive grants-in-aid from the State Government for
developmental activities or other specific purposes.

2. Loans and Advances:

• The Panchayat Samiti may obtain loans and advances from any bank or financial
institution approved by the State Government for developmental activities or
other specific purposes.

3. Property Taxes:

• The Panchayat Samiti may levy and collect property taxes on lands and buildings
situated within its jurisdiction.

4. Taxes on Profession, Trades, Callings and Employment:

• The Panchayat Samiti may levy and collect taxes on professions, trades, callings,
and employments within its jurisdiction.

5. Fees and Fines:

• The Panchayat Samiti may collect fees for services rendered and impose fines for
violations of its rules and regulations.

6. Rents, Royalties and Revenues from Property:

• The Panchayat Samiti may earn rents, royalties, and revenues from property
owned by it.

7. Contributions and Donations:

• The Panchayat Samiti may receive contributions and donations from individuals,
organizations, or other entities for specific purposes.

8. Other Sources:

• The Panchayat Samiti may receive income from any other source approved by
the State Government.
It is important to note that the Panchayat Samiti cannot levy or collect any tax, toll, or fee
that is outside the scope of its powers, as prescribed by the Act. Additionally, the
Panchayat Samiti must follow the guidelines and procedures set forth by the State
Government in managing its finances and sources of income.

Control of Panchayat Samiti

The control of Panchayat Samiti is essential to ensure proper functioning and prevent
misuse of power. The following are the different ways in which the Panchayat Samiti is
controlled:

1. Control by Zila Parishad: The Zila Parishad exercises control over the Panchayat
Samiti. It has the power to direct the Panchayat Samiti to perform its duties and
functions in a specific way. It can also review the decisions taken by the Panchayat
Samiti.

2. Control by the State Government: The State Government also exercises control
over the Panchayat Samiti. It has the power to dissolve the Panchayat Samiti and
order re-elections in case of maladministration. The State Government can also
issue directives to the Panchayat Samiti on various matters.

3. Control by the High Court: The High Court can exercise control over the Panchayat
Samiti by entertaining writ petitions filed by the public against any illegal action
taken by the Panchayat Samiti.

4. Control by the Audit Department: The Audit Department conducts regular audits
of the accounts and financial transactions of the Panchayat Samiti to ensure that
there is no financial irregularity or misappropriation of funds.

5. Control by the Gram Sabha: The Gram Sabha can exercise control over the
Panchayat Samiti by passing resolutions against any arbitrary or illegal actions
taken by the Panchayat Samiti. The Gram Sabha can also bring to the notice of
the Zila Parishad or the State Government any issues that require their attention.

Overall, the Panchayat Samiti is subject to various controls to ensure that it performs its
duties and functions efficiently and effectively.

EXTRA

Sarpanch is the head of a Gram Panchayat, which is a local self-government institution

at the village level in India. The term "Sarpanch" is derived from the Hindi words "Sar"
which means "head" and "Panch" which means "five". The Sarpanch is elected by the
members of the Gram Panchayat and is responsible for the overall administration of the
village.

The roles and responsibilities of a Sarpanch are as follows:

 1. Presiding over Gram Panchayat meetings: The Sarpanch presides over the
meetings of the Gram Panchayat and ensures that the proceedings are
conducted in a fair and transparent manner.

2. Representing the village: The Sarpanch is the official representative of the village
and is responsible for presenting the views and needs of the village to higher
authorities.

3. Planning and implementing development projects: The Sarpanch is responsible

for identifying the development needs of the village and planning and
implementing development projects in consultation with the members of the
Gram Panchayat.

4. Maintaining law and order: The Sarpanch works with the local police to maintain
law and order in the village and to ensure that the villagers are safe and secure.

5. Budget management: The Sarpanch is responsible for managing the budget of

the Gram Panchayat and ensuring that the funds are used for the development of
the village.

6. Social welfare: The Sarpanch is responsible for the social welfare of the village and
ensuring that the basic needs of the villagers such as sanitation, water supply,
health, education, and social welfare are met.

Overall, the role of a Sarpanch is crucial in the functioning of a Gram Panchayat and in
the development of the village. The Sarpanch is expected to be accountable,
transparent, and responsive to the needs of the villagers.

Mods of Collection of "Arrier of Land Revenue"

"Arrears of Land Revenue" refers to the unpaid amount of revenue that a landowner is
supposed to pay to the government. The collection of arrears of land revenue is an
essential aspect of revenue administration, and various modes are available for its
collection. Here are the different modes of collection of arrears of land revenue:

1. Sale of movable and immovable property: The revenue authorities have the
power to sell the movable and immovable property of the defaulting landowner
to recover the arrears of land revenue. The sale of property is conducted through
a public auction, and the revenue authorities have to follow the legal procedure
for conducting the auction.

2. Attachment of salary and pensions: The revenue authorities can attach the
salary and pensions of the defaulter if they are a government employee or a
 pensioner. The revenue authorities have to follow the legal procedure for attaching
the salary and pensions.

3. Attachment of rent: If the defaulter is a tenant, the revenue authorities can attach
the rent paid by the tenant to recover the arrears of land revenue. The revenue
authorities have to follow the legal procedure for attaching the rent.

4. Distraint of movable property: The revenue authorities can seize the movable
property of the defaulter and keep it in their custody until the arrears of land
revenue are paid. The revenue authorities have to follow the legal procedure for
distraint of movable property.

5. Arrest and detention: The revenue authorities can also arrest and detain the
defaulter if they fail to pay the arrears of land revenue. However, this mode of
collection is rarely used, and the revenue authorities have to follow the legal
procedure for the arrest and detention of the defaulter.

In conclusion, the revenue authorities have several modes of collection of arrears of land
revenue, and they have to follow the legal procedure for the collection of arrears. These
modes of collection are necessary for revenue administration and ensure that the
government receives the revenue that it is entitled to.