1East Punjab Tractor Cultivation (Recovery of Charges) Act, 1949*
| [East Punjab Act No. 11 of 1949] | [14th April, 1949] |
| 1 | 2 | 3 | 4 |
| Year | No. | Short title | Whether repealed or otherwise affected by legislation |
| 1949 | 11 | The East Punjab Tractor Cultivation (Recovery of Charges) Act, 1949 | Amended in part by the Adaptation of Laws Order, 1950 Amended is part by the Adaptation of Laws (Third Amendment) Order, 1951 Amended in part by Punjab Act 24 of 19532 Extended to Pepsu Territory by Punjab Act 18 of 19583. |
An Act to provide for the cultivation of certain areas by means of tractors by the Department of Agriculture, 4[Punjab], and for the recovery of the charges in respect of such cultivation
It is hereby enacted as follows:-
1 For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraordinary), page 138; for proceedings in the Assembly, see East Punjab Legislative Assembly Debates, Volume III, 1949, pages (24)72-75.
2 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated 16th April, 1953, page 535.
3 For statement of Objects and reasons, see Punjab Government Gazette (Extraordinary), 1958, page 546k.
4 Substituted for the words "East Punjab" by the Adaptation of Laws (Third Amendment) Order, 1951.
* [Received the assent of His Excellency the Governor on the 14th April, 1949, and first published in the East Punjab Government Gazette (Extraordinary) of April 18, 1949]
1. Short title and extent.- (1) This Act may be called the East Punjab Tractor Cultivation (Recovery of Charges) Act, 1949.
(2) It extends to the whole of the 1[State] of 2[Punjab].
1 Substituted for "Province" by Adaptation of Laws Order, 1950.
2 Substituted for "East Punjab" by Adaptation of Laws Order, 1950.
2. Interpretations.- In this Act, unless there is anything repugnant in the subject or context,-
(a) "cultivator" means a person who actually cultivates the soil himself or through members of his household, or gets it cultivated by hired labour or by a tenant;
(b) "director" means the Director of Agriculture, 1[Punjab];
(c) "prescribed" means prescribed by rules made under this Act;
***
2(d) "tractor" means a tractor owned by or worked under the control of the Department of Agriculture, 1[Punjab];
2[3(e) "tractor cultivation" means any agricultural operation carried on with the help of tractors such as ploughing, harrowing, discing, sowing, or harvesting and includes any other operation for the purpose of reclaiming banjar land;]
3[(f) "tractor cultivation charges" means the charges recoverable on account of tractor cultivation.
1 Substituted for "East Punjab" by Adaptation of Laws Order, 1950.
2 Clause (d) omitted by Punjab Act, 24 of 1953, section 2 and subsequent clause (e)(f), and (g) re-lettered as (d), (e) and (f).
3 Substituted for the old clause by Punjab Act 24 of 1953, section 2(ii).
3. Application for Tractor Cultivation.- (1) Any cultivator may make an application in writing to the Director for having any agricultural operation performed by tractors on his land or any part of it.
(2) Such application shall be accompanied by a deposit, made in the prescribed manner, of 1[* *] tractor cultivation charges according to the prescribed scale:
Provided that-
(1) in exceptional cases, Director may require only such part as he may specify of the full cultivation charges to be deposited with the application.
1[(2) * * *]
1 The word "full" and proviso (2) omitted by Punjab Act, 24 of 1953, section 3(i) and (ii).
4. Procedure in dealing with applications.- (1) If the Director accepts an application made under section 3 he shall take all steps necessary in connection therewith.
(2) In case such application is rejected, any deposit made with the application shall be refunded in the prescribed manner to the applicant.
5. Notice of demand.- As soon as may be after the tractor cultivation has been completed, the Director shall in respect of such cultivation serve on the cultivator a notice of demand specifying the amount due from him after taking into account the deposit, if any, made by him.
1[6. Period within which payment is to be made.- A cultivator whose land has been brought under tractor cultivation shall, within one month or such further time as may be allowed from the date of the receipt of the notice of demand under section 5, deposit in the prescribed manner the amount specified in that notice or in such other manner and in such instalments as may be allowed in this behalf].
1 Substituted for the old section by ibid, section 4.
7. Recovery of outstanding dues as arrears of a land revenue.- If any cultivator fails to make payment as specified in section 6, the sum due from him shall be recoverable as arrears of land revenue.
8. Delegation.- The Director may delegate any or all of 3 powers and functions under the Act to any officer of the 1[State] Government.
1 Substituted for the words "Provincial" by the Adaptation of Laws Order, 1950.
9. Rules.- (1) The 1[State] Government may by notification make 2rules for the purposes of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the 1[State] Government may make rules regulating or determining all or any of the following matters:-
(a) the mode of making a deposit under sub-section (2) of section 3;
(b) the scale of tractor cultivation charges;
(c) the mode of making a refund under sub-section (2) of section 4;
(d) the manner of making payment under ** 3** section 6.
1 Substituted for the words "Provincial" by the Adaptation of Laws Order, 1950.
2 For rules, see East Punjab Government notification No. 1581-Agr-49/125, dated 8th September, 1949.
3 The words, figures and brackets "sub-section (1) or sub-section (2) of" omitted by Punjab Act, 24 of 1953, section 5, Act 24 of 1953, shall be deemed to have come into force on 16th April, 1953.