Haryana Amends Village Common Lands Act, Delegates Authority and Revises Land Rate Determination

The Haryana Village Common Lands (Regulation) Amendment Act, 2025, an amending legislative instrument, received the assent of the Governor of Haryana on March 28, 2025, and was subsequently published for general information on April 1, 2025, thereby coming into force. This Act, designated as Haryana Act No. 5 of 2025, introduces significant modifications to the Haryana Village Common Lands (Regulation) Act, 1961, referred to as the principal Act. The amendments primarily focus on streamlining administrative processes, delegating authority, and altering the mechanism for determining rates related to common lands.

One key amendment in Section 2 of the new Act revises clause (iii) of sub-section (2) of section 3 of the principal Act. It rephrases the provision concerning the principles and manner for actions by the Collector on an application by a lessee, transferee, or their legal heir. Previously, the text specified "in accordance with such principles and in such manner, as may be prescribed by the Collector," which has now been substituted to read "by the Collector on an application by the said lessee, transferee or his legal heir, in accordance with such principles and in such manner, as may be prescribed." This change clarifies that the general "prescribed" principles and manner, likely through rules or regulations, will guide the Collector's actions, rather than the Collector solely prescribing them.

Further significant changes are introduced in section 5A of the principal Act. Sub-section (1) of section 5A sees the omission of its first and second provisos along with their accompanying explanation. This removal simplifies the conditions or exceptions previously attached to the provisions of sub-section (1), though the specific impact depends on the content of the omitted provisos. Additionally, sub-section (1A) of section 5A undergoes two crucial alterations. Firstly, the authority previously vested in the "State Government" is now transferred to the "Director, Development and Panchayats Department," signifying a delegation of administrative power. Secondly, the criteria for determining rates are modified. The earlier requirement that rates be "not less than the market rate, to be determined in such manner, as may be prescribed" has been replaced with a more flexible standard, stating simply "at such rate, as may be prescribed."

The legislative intent behind these amendments appears to be multifaceted, aiming to enhance administrative efficiency and provide greater flexibility in the management and transfer of village common lands. The earlier legal position, which mandated rates not below market value and centralized certain decisions with the State Government, likely presented limitations in practical implementation or adaptability to varying local conditions. By delegating authority to the Director, Development and Panchayats Department, the Act seeks to decentralize decision-making, potentially leading to quicker and more responsive governance in matters pertaining to common lands. The change in rate determination addresses a perceived rigidity in the previous framework. The legislation provided: “for the words and signs at the rate not less than the market rate, to be determined in such manner, as may be prescribed, the words and sign at such rate, as may be prescribed shall be substituted.” This particular amendment suggests a policy rationale to allow for rates to be set based on prescribed guidelines, which may consider factors beyond just the market rate, potentially facilitating land transactions or specific development objectives. These changes collectively aim to streamline the regulatory framework governing village common lands, adapting it to contemporary administrative needs and policy objectives within Haryana.

Keywords: Haryana, Village Common Lands, Amendment Act, 2025, Land Regulation, Panchayats Department, Land Valuation, Statutory Amendment, Legislative Change

Geo Tags: India, Haryana District: Not Applicable