Consolidation of Land Proceedings (Validation) Act, 1957

PUNJAB ACT 006 OF 1957

30 March, 1957

An Act to provide for the validation of certain schemes for consolidation of holding and subsequent proceedings in relation there to and to further provide for extinguishment and modification of rights in estates included in such schemes without payment of compensation

Be it enacted by the Legislature of the State of Punjab in the eighth Year of the Republic of India as follows:

Section 1. Short title, extent and commencement

(1) This Act may be called the Punjab Consolidation of Land Proceedings (Validation) Act, 1957.

(2) It extends to the territories, which immediately before the 1st of November, 1956 were comprised in the State of Punjab.

(3) It shall come into force at once.

Section 2. Definition

In this Act unless the context otherwise requires,

(a) the expression allottee shall have the meaning assigned to it in the East Punjab Displaced Persons (Land Resettlement) Act, 1949 (East Punjab Act XXXVI of 1949), and shall include an allottee who has been granted ownership rights by the Central Government by virtue of section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Act 44 of 1954);

(b) the expressions estate , evacuee and land shall have the meanings assigned to them in the Punjab Land Revenue Act, 1887. (Punjab Act XVII of 1887), the Administration of Evacuee Property Act, 1950 (Act XXXI of 1950), and the East Punjab Displaced Persons (Land Resettlement) Act, 1949 (East Punjab Act XXXVI of 1949), respectively.

Section 3. Validation or certain consolidation proceedings

Notwithstanding anything to the contrary contained in the East Punjab Holdings (Consolidation and Prevention of Fragmentation Act, 1948 (East Punjab Act L of 1948), or the Administration of Evacuee property Act, 1950 (Act XXXI of 1950), or the Displaced Persons (Compensation and Rehabilitaion) Act, 1954 (Act 44 of 1954), or in the rules, orders and notifications made thereunder, or in any other law for the time being in force, or in any judgement, decree or order of any court, al[schemes published under section 19 of the East Punjab Holdings (Consolidatin and Prevention of Fragmentation) Act, 1948, between the 31st of December, 1951, and the 1st of January, 1956, in respect of land of an evacuee forming part of an estate or estates and all subsequent proceedings taken in relation thereto shall be deemed to be valid notwithstanding that such land was formed into a common pool for consolidation and re-partition amongst the allottees in proportion to the claim of each allottee in terms of standard acres as determined by the Rehabilitation Department at the time of quasi-permanent allotment and not in accordance with or in proportion to the actual value of the land.

Section 4. Extinguishment and modification of allottees rights in an estate

If in consequence of re-distribution of land during the course of consolidation proceeedings referred to in section 3 a diminution in the original holding of an allottee results or has resulted, the ownership or rights of the allottee in the lands forming part of an estate or estates shall be extinguished and modified to that extent and he shall not be entitled to any compensation in respect of such extinguishment and modification notwithstanding anything to the contrary contained in any law for the time being in force or in any judgement, decree or order of any court.

Section 5. Repeal

The Punjab Consolidation of Land Proceedings (Validation) Ordinance, 1957, (Punjab Ordinance No. 3 of 1957), is hereby repealed.

1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957, page 353.