UNIT-5
QUESTION- Answer these questions briefly: • Discuss the meaning of Panchayat • Discuss three modes of collection of land revenue. • What is tenant under Punjab Tenancy Act, 1887? • What is rent under Punjab Tenancy Act, 1887? • Discuss three sources of income of Gram Panchayat. • Discuss three modes of Expenditure of Gram Panchayat. • Highligght three functions of Panchayat Samiti. • Discuss three main powers of Panchayat Samiti.
✅ 1. Discuss the meaning of Panchayat
The term “Panchayat” originates from the Sanskrit word ‘Panch’, meaning five, and ‘Ayat’, meaning assembly. Traditionally, it referred to a council of five elders chosen by the village community to resolve disputes and manage village affairs.
Under the Haryana Panchayati Raj Act, 1994, Panchayats are the basic units of self-governance at the village level. A Gram Panchayat is elected by the Gram Sabha (village electorate) and is responsible for implementing development schemes, maintaining civic amenities, collecting taxes, and resolving minor disputes.
It functions as the first tier in the three-tier Panchayati Raj system:
- Gram Panchayat (Village Level)
- Panchayat Samiti (Block Level)
- Zila Parishad (District Level)
✅ 2. Discuss three modes of collection of land revenue
Under the Punjab Land Revenue Act, 1887, land revenue is collected through the following three main modes:
i. Direct Collection from Landowners:
Landowners are required to pay a fixed amount or share of produce as land revenue directly to the state, often collected by Patwaris and Tehsildars.
ii. Through Village Headman (Lambardar):
The Lambardar, appointed under Section 28 of the Punjab Land Revenue Act, collects land revenue from cultivators in the village and deposits it with the government.
iii. Through Revenue Recovery Certificates:
If a landowner defaults, recovery can be enforced under Section 67, allowing the Collector to issue a Revenue Recovery Certificate. This may lead to:
- Arrest and detention
- Attachment and sale of property
- Forfeiture of land rights
✅ 3. What is a tenant under Punjab Tenancy Act, 1887?
As per Section 4(5) of the Punjab Tenancy Act, 1887, a tenant is a person who holds land under another person (landlord) and pays or is liable to pay rent for it.
Tenants are classified into:
- Occupancy Tenants (Section 5): Those who have held the land continuously for a certain period (e.g., 20 years) and have legal rights of possession.
- Non-occupancy Tenants: Those who do not have occupancy rights and are subject to eviction under specified grounds.
- Tenants-at-will: They have no security of tenure and may be evicted at the will of the landlord, usually with notice.
✅ 4. What is rent under Punjab Tenancy Act, 1887?
According to Section 4(6) of the Act, rent is the payment made by a tenant to a landlord for the use of land.
Features of Rent under the Act:
- Can be paid in cash or kind (portion of the produce)
- Fixed by mutual agreement, custom, or the order of a Revenue Officer
- Enhanced or reduced under specific conditions like improvement or deterioration of land (Sections 29–35)
✅ 5. Discuss three sources of income of Gram Panchayat
Under the Haryana Panchayati Raj Act, 1994, Gram Panchayats have several sources of income:
i. Taxation Powers (Section 132):
- House tax, water tax, and lighting tax
- Fees on fairs, licenses, and services
ii. Grants-in-Aid (Section 135):
- Financial grants from the State Government and Central Government for development schemes
iii. Revenue from Panchayat Properties:
- Income from lease or sale of Panchayat land (Shamilat deh)
- Revenue from community buildings, markets, and ponds
✅ 6. Discuss three modes of expenditure of Gram Panchayat
i. Developmental Activities:
- Construction and maintenance of roads, drains, drinking water facilities, community centers, etc.
ii. Public Health and Sanitation:
- Garbage disposal, street lighting, public latrines, and health awareness programs
iii. Social Welfare Schemes:
- Implementation of rural employment programs, welfare schemes for women, children, and elderly
✅ 7. Highlight three functions of Panchayat Samiti
Panchayat Samiti functions as the intermediate (block-level) body in Panchayati Raj. Its major functions include:
i. Planning and Coordination:
Formulation of development plans for the block and coordination with Gram Panchayats for implementation.
ii. Implementation of Schemes:
Execution of rural development schemes like MNREGA, mid-day meal, rural housing, etc.
iii. Agricultural and Industrial Development:
Supporting agricultural extension services, livestock management, and small-scale industries.
✅ 8. Discuss three main powers of Panchayat Samiti
Under the Haryana Panchayati Raj Act, 1994, the Panchayat Samiti has the following powers:
i. Financial Control:
Authority to prepare and approve the budget for block-level development, allocate grants to Gram Panchayats.
ii. Supervisory Powers:
Oversee the functioning of Gram Panchayats and ensure proper use of funds and implementation of schemes.
iii. Administrative Powers:
Control over block-level officers and monitoring of rural infrastructure projects, education, health services, and agriculture support.
QUESTION- Write in brief answers of the following:
Partition
Jamabandi
Fair rent under Haryana Rent Control Act, 1973
Basic Rent under Haryana Rent Control Act, 1973
Gram Sachiv
Sarpanch
Role of Panchayat Samiti
Vesting of Rights of lands of Panchayat Samiti
1. Partition
Partition refers to the division of joint landholding or property among co-owners or co-sharers, giving each their individual share.
Under the Punjab Land Revenue Act, 1887 (Applicable to Haryana):
- Section 111 to 126 govern partition of agricultural land.
- A co-sharer in joint land may apply to the Revenue Officer (Tehsildar or Naib Tehsildar) for partition.
- The officer conducts proceedings, including:
- Verification of title
- Issuance of notice
- Objection hearings
- Mode of partition: Either physical division or, if indivisible, monetary compensation.
- Final order is passed and partition map (Taksim) is prepared.
Importance:
- Prevents disputes among heirs or co-owners
- Helps in issuing individual Jamabandi records
✅ 2. Jamabandi
Jamabandi is the Record of Rights (ROR) prepared under the Punjab Land Revenue Act, 1887 (Section 31), maintained every four years.
Contents:
- Names of owners and cultivators
- Details of land: Khasra number, area, type
- Crop grown
- Revenue payable (land tax or rent)
- Mutation entries (ownership changes)
Significance:
- Serves as proof of ownership and tenancy
- Used for loan, inheritance, and sale transactions
- Maintained by Patwari and verified by Kanungo/Revenue Officer
✅ 3. Fair Rent under Haryana Rent Control Act, 1973
Fair Rent is the judicially determined rent that a landlord is entitled to receive for a rented building, as fixed by the Rent Controller.
As per Section 4–9 of the Act:
- Either landlord or tenant may apply for fixation.
- Factors considered:
- Cost of construction
- Rental value of similar properties
- Improvements, amenities, age of building
- Taxes and repairs
Example:
If a building’s original cost was ₹1 lakh in 1960, with repairs and municipal taxes of ₹5,000/year, a reasonable return (usually 6–9%) on the investment will be calculated to determine fair rent.
✅ 4. Basic Rent under Haryana Rent Control Act, 1973
Basic Rent is defined under Section 2(a) of the Act. It is:
“The rent at which the building or rented land was let on 31st March 1972, or if not let out then, the rent it would have fetched at that time.”
Purpose:
- Used as the reference point for determining whether current rent is excessive
- Basis for determining fair rent
- Protects tenants from unjustified rent increases
✅ 5. Gram Sachiv
A Gram Sachiv is the secretary and administrative officer of a Gram Panchayat under the Haryana Panchayati Raj Act, 1994.
Functions:
- Maintains records of meetings, resolutions, and financial transactions
- Assists in executing development schemes and government programs
- Collects taxes and manages correspondence
- Reports to Block Development and Panchayat Officer (BDPO)
Appointed by:
- Department of Development and Panchayats, Haryana
✅ 6. Sarpanch
The Sarpanch is the elected head of a Gram Panchayat as per the Haryana Panchayati Raj Act, 1994.
Relevant Sections:
- Section 10 – Constitution of Gram Panchayat
- Section 15 – Powers and responsibilities of the Sarpanch
Duties:
- Presides over Gram Sabha and Panchayat meetings
- Signs official documents and cheques
- Oversees tax collection, civic amenities, and development programs
- Represents the Panchayat in external matters
✅ 7. Role of Panchayat Samiti
The Panchayat Samiti is the intermediate-level (Block-level) body in the Panchayati Raj system.
As per Haryana Panchayati Raj Act, 1994:
- Section 111 to 121 define its composition and functions
Major Roles:
- Planning and coordination of rural development programs
- Implementation of schemes related to agriculture, health, education, and sanitation
- Supervises the working of Gram Panchayats
- Prepares the block-level budget and distributes grants
Example:
- Supervising MNREGA implementation, constructing roads, and monitoring school facilities at the block level.
✅ 8. Vesting of Rights of Lands of Panchayat Samiti
Land rights that belong to the Panchayat Samiti are vested in it by law, particularly under the Haryana Panchayati Raj Act, 1994 and related land laws.
Types of Lands:
- Nazul lands
- Common village lands (Shamilat Deh)
- Land acquired or transferred by government for development purposes
Vesting Provisions:
- Section 113 & 115: Panchayat Samiti can acquire, hold, and transfer property
- Can lease land for public utility (schools, markets, hospitals)
- Land records must reflect such ownership
Example:
A Panchayat Samiti may lease land for establishing a rural health center or grant land for cooperative societies.
QUESTION- Write in brief the anser of the following:
How revenue record is maintained under Punjab Land Revenue Act?
Sijra Axe
Ejectment of Tenant
Ceiling of Land
Gram Sachiv
Gram Sabha
Role of Panchayat Samiti
Composition of Panchayat Samiti
1. How Revenue Record is Maintained under Punjab Land Revenue Act, 1887
Under this Act, revenue records are maintained through a systematic process involving periodic preparation of:
- Jamabandi (record of rights, updated every 4 years),
- Girdawari (crop inspection records),
- Mutation Register (Intkaal – changes in ownership),
- Sijra Nasab (ancestral land record),
maintained by the Patwari under supervision of Revenue Officers (Sections 31–44).
2. Sijra Axe
The Sijra Axe is the village map that shows the layout of agricultural fields, boundaries, and khasra numbers. It is used in conjunction with revenue records like Jamabandi for identification and demarcation of land.
3. Ejectment of Tenant
Under the Punjab Tenancy Act, 1887, a tenant can be ejected for reasons like non-payment of rent, unauthorized use, or expiry of tenancy. Proper procedure must be followed, including notice and application to Revenue Officer (Sections 39–44).
4. Ceiling of Land
Under the Haryana Ceiling on Land Holdings Act, 1972, the law limits the maximum land a person or family can own. Surplus land beyond the permissible area is acquired by the state and redistributed (Sections 4–15).
5. Gram Sachiv
A Gram Sachiv is a government-appointed secretary of the Gram Panchayat. They maintain records, assist in implementation of schemes, and serve as a link between the Panchayat and higher government departments.
6. Gram Sabha
The Gram Sabha consists of all adult residents of a village registered as voters. It meets at least twice a year to approve plans, review work of the Panchayat, and ensure transparency (Haryana Panchayati Raj Act, 1994 – Sections 7–9).
7. Role of Panchayat Samiti
The Panchayat Samiti is the middle tier of the Panchayati Raj system. It:
- Coordinates between Gram Panchayats,
- Implements development schemes,
- Manages health, education, and welfare activities.
8. Composition of Panchayat Samiti
Under the Haryana Panchayati Raj Act, 1994, the Panchayat Samiti comprises:
- Elected representatives from each block,
- MLAs, MPs, and SC/ST/women members as per reservation,
- Chairperson and Vice-Chairperson elected from among members (Sections 54–58).
QUESTION – Write in brief note on the following:
Arbitration under Punjab Land Revenue Act, 1887
Mutation
Rights of tenants the Haryana Rent Control Act, 1973
Disposal of surplus area under the Haryana ceilingon Land holding Act, 1972
Any three sources of income of Gram Panchayat
Any three expenditure of Gram Panchayat
Role of BDPO in Panchayat Samiti
• Arbitration under Punjab Land Revenue Act, 1887
Sections 127 to 135 of the Act provide for arbitration in land revenue matters when parties agree in writing. A Revenue Officer appoints arbitrators who give a decision, which can be enforced like a court order. It is used to settle disputes like boundaries or revenue shares amicably.
• Mutation (Intkaal)
Mutation refers to the official change in ownership records after transfer of land due to sale, inheritance, gift, or will. It is recorded in the mutation register by the Patwari and confirmed by the Revenue Officer after verifying the facts. It does not confer title but is essential for revenue purposes.
• Rights of Tenants under Haryana Rent Control Act, 1973
Tenants have the following rights:
- Protection from unlawful eviction.
- Right to pay fair rent as determined under the Act.
- Right to maintenance and essential services from landlords.
(Refer to Sections 4, 6, and 12.)
• Disposal of Surplus Area under Haryana Ceiling on Land Holding Act, 1972
Under Sections 7 to 15, surplus land (above ceiling limit) is taken over by the state government and:
- Entered into a Surplus Pool,
- Allotted to landless persons,
- Used for public purposes or development.
• Any Three Sources of Income of Gram Panchayat
- Taxes (on property, markets, etc.)
- Grants-in-aid from the State Government
- Fees and fines (e.g., registration, sanitation charges)
• Any Three Expenditure of Gram Panchayat
- Developmental works (roads, water supply, sanitation)
- Salaries of Panchayat staff (e.g., Gram Sachiv)
- Welfare schemes (education, women & child welfare)
• Role of BDPO in Panchayat Samiti
The Block Development and Panchayat Officer (BDPO):
- Acts as executive officer of the Panchayat Samiti,
- Implements government schemes at the block level,
- Supervises and guides Gram Panchayats.
• Composition of Panchayat Samiti
Under the Haryana Panchayati Raj Act, 1994, the Panchayat Samiti includes:
- Elected members from each Gram Panchayat,
- Chairperson & Vice-Chairperson,
- MLAs, MPs, and nominated SC/ST/Women representatives (Sections 54–58).
QUESTION- Write a brief note on the following:
Partition
Girdawar
Surplus area
Permissible area
Sarpanch
Gram Sabha
Servant of Panchayat Samiti
Any three source of income of Panchayat Samiti
• Partition
Partition refers to the division of joint agricultural land among co-owners (co-sharers) into separate portions. Under the Punjab Land Revenue Act, 1887, a Revenue Officer can carry out partition on application, ensuring each party gets their fair share. It is important for establishing individual rights and clear ownership.
• Girdawar
A Girdawar is a revenue official who supervises Patwaris. They assist the Tehsildar and ensure proper maintenance of land records, mutations, crop inspections, and revenue collection. They act as an intermediary between Patwaris and higher revenue officers.
• Surplus Area
Under the Haryana Ceiling on Land Holdings Act, 1972, the surplus area refers to agricultural land held by a person in excess of the ceiling limit. This land is acquired by the government for redistribution to the landless and for public welfare purposes.
• Permissible Area
The permissible area is the maximum amount of land a person is legally allowed to own or hold under the Haryana Ceiling on Land Holdings Act, 1972. This limit varies based on land type and irrigation. Any land beyond this is treated as surplus.
• Sarpanch
The Sarpanch is the elected head of the Gram Panchayat under the Haryana Panchayati Raj Act, 1994. They preside over Panchayat meetings, implement development schemes, maintain order, and act as a link between the village and the administration.
• Gram Sabha
The Gram Sabha consists of all registered voters in a village or a group of villages. It plays a key role in approving Panchayat decisions, supervising its work, and ensuring transparency. It is the foundation of grassroots democracy.
• Servant of Panchayat Samiti
Servants or employees of the Panchayat Samiti, including clerks, junior engineers, secretaries, and technical assistants, help in the implementation of development programs, manage administrative duties, and support various welfare schemes at the block level.
• Any Three Sources of Income of Panchayat Samiti
- Grants from State Government
- Share in land revenue or taxes collected in the block
- Fees and fines from licenses, services, or violations within the block jurisdiction