Land Law, Tenancy & Panchayats

Here is a brief write-up on the mentioned Units I–IV summarizing the Punjab Land Revenue Act, 1887, Punjab Tenancy Act, 1887, Haryana Ceiling of Land Holding Act, 1972, Haryana Rent Control Act, 1973, and Haryana Panchayati Raj Act, 1994, along with leading case references:

✅ UNIT I: Punjab Land Revenue Act, 1887

🔹 Definition of Key Terms:

  • Revenue Officer: Officers empowered under the Act to discharge revenue-related functions (Sections 6–8).
  • Land Revenue: Government dues on agricultural land.

🔹 Revenue Officers: Powers & Functions:

  • Collector, Assistant Collector, Tehsildar (Sections 10–14)
  • Powers include land assessment, revenue collection, mutation approvals, and dispute resolution.

🔹 Preparation of Revenue Record:

  • Jamabandi: Annual record of land rights.
  • Girdawari: Record of crop inspection.
  • Mutation (Intkaal): Transfer of land rights (ownership or cultivation).
  • Sijra Nasab: Pedigree table showing ancestral ownership.
  • Sijra Axe: Village map showing fields and holdings.

🔹 Assessment & Collection of Land Revenue:

  • Done by Collector based on soil type, productivity (Sections 59–70).
  • Land revenue is payable annually; default can lead to penalties and recovery as arrears of land revenue.

🔹 Partition:

  • Carried out by Revenue Officers when co-owners want separation (Sections 111–135).
  • Process includes notice, hearing, map preparation, and order.

✅ UNIT II: Punjab Tenancy Act, 1887

🔹 Definition of Keywords:

  • Tenant, Landlord, Rent, Ejectment, etc.

🔹 Class of Tenants:

  1. Occupancy Tenants (Sections 5–8): Have long-term possession rights.
  2. Tenants-at-will: Hold land by landlord’s consent.

🔹 Law Relating to Rent:

  • Rent fixed by agreement or custom (Sections 9–16).
  • Must be fair, can be changed through application to Revenue Officer.

🔹 Occupancy Rights:

  • Based on continuous cultivation for 12 years (Section 5).
  • Rights protected unless forfeited under law.

🔹 Ejectment of Tenants:

  • Ejectment allowed only on legal grounds (Sections 39–45), such as:
  • Non-payment of rent
  • Sub-letting without permission
  • Damage to land

✅ Haryana Ceiling on Land Holding Act, 1972

🔹 Definitions (Section 3):

  • Clarifies “person”, “family”, “surplus area”, etc.

🔹 Permissible Area (Sections 4–6):

  • Land allowed to be held varies based on irrigation and use.

🔹 Ceiling and Surplus Area (Sections 7–15):

  • Excess land declared surplus is acquired by the government.
  • Used for redistribution to landless peasants.

🔹 Appeal (Section 18):

  • Aggrieved persons can appeal decisions before the prescribed authority.

✅ Haryana Rent Control Act, 1973

🔹 Definitions (Sections 1–4):

  • “Tenant”, “Landlord”, “Rent”, etc.

🔹 Rights & Duties of Tenants:

  • Pay rent regularly
  • Maintain premises
  • Avoid misuse or illegal subletting

🔹 Rights & Duties of Landlords:

  • Provide habitable premises
  • Not demand excessive rent
  • Can seek eviction under legal grounds

🔹 Grounds of Ejectment:

  • Non-payment of rent
  • Misuse or damage to property
  • Bonafide personal necessity

✅ UNIT III: Haryana Panchayati Raj Act, 1994 (Sections 1–54, Chapters 1–6)

🔹 Key Definitions:

  • Gram Sabha, Gram Panchayat, Sarpanch, Panch, etc.

🔹 Constitution of Gram Sabha & Panchayat:

  • Gram Sabha: All registered voters of the village
  • Gram Panchayat: Elected body (Sarpanch + Panchs)

🔹 Duties & Functions:

  • Sanitation, street lighting, water supply
  • Registering births/deaths
  • Implementing rural development schemes

🔹 Finance and Taxation:

  • Power to levy property tax, water tax, fees

🔹 Control:

  • Supervision by Block Development Officers (BDPOs), audits, and reports

✅ UNIT IV: Panchayat Samiti (Chapters 7–11, Sections 55–116)

🔹 Definition of Keywords:

  • Panchayat Samiti, BDPO, Standing Committees, etc.

🔹 Composition:

  • Elected representatives from each Panchayat
  • MLAs/MPs as ex-officio members

🔹 Duties & Powers:

  • Supervise Gram Panchayats
  • Implement block-level development plans
  • Provide education, health, sanitation services

🔹 Servants:

  • Include BDPO, clerical staff, technical assistants

🔹 Finance:

  • Grants from State Government
  • Share in taxes
  • Service fees

🔹 Control:

  • State Government oversight
  • Audit and enquiry powers

📚 Leading Case Laws:

  1. Chhote Khan & Others vs. Malkhan & Others (AIR 1954 SC 575)
  • Related to occupancy rights and land dispute resolution.
  1. Jaipal Singh vs. Kapoor Kaur (PLR 1967, Page 52)
  • Discusses ejectment of tenants and lawful possession.
  1. Gurmail Singh vs. P. Kumar (PLR 1970, Page 365)
  • Relates to fair rent determination under tenancy law.
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