Punjab act 025 of 2017 : The Punjab Land Improvement Schemes Amendment Act 25 of 2017

Department
  • Department of Soil Conservation
Summary

NO

Enforcement Date

2018-04-29T18:30:00.000Z

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017

(PAUSA 8, 1939 SAKA)

PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 29th December, 2017

No. 35-Leg./2017.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 18th day of December, 2017, is hereby published for general information:-

THE PUNJAB LAND IMPROVEMENT SCHEMES

(AMENDMENT) ACT, 2017

(Punjab Act No. 25 of 2017)

AN

ACT

further to amend the Punjab Land Improvement Schemes Act, 1963. BE it enacted by the Legislature of the State of Punjab in the Sixty- eighth Year of the Republic of India as follows:-

1. (1) This Act may be called the 'The Punjab Land Improvement Schemes (Amendment) Act 2017.

(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

2. In the Punjab Land Improvement Schemes Act, 1963, after section 14, the following sections shall be inserted, namely:--

"14-A (1) Where -

(a) the Department intends to lay underground pipeline or repair or renovation, as the case may be, of existing underground pipeline through holding of any other land holders for the purpose of irrigation; or

(b) a farmer or a group of farmers intend to lay an underground pipeline or repair or renovation, as the case may be, of existing pipeline through the holding of any other land owner for the purpose of irrigation on his holding or as the case may be, their holdings; and

the matter is not settled by mutual agreement, then the District Level Committee may, by order, allow the Department or the farmer

Short title and

commencement.

Insertion of new

sections 14-A and

14-B in Punjab

Act 23 of 1963.

Laying of

underground

pipeline or repair

of renovation of

existing

underground

pipeline.

235

or the group of farmers, as the case may be, to lay pipeline or repair or renovation, as the case may be, of existing pipeline, atleast three feet beneath the surface of the land along the demarcated line on payment of such compensation arising out of crop damage or damage to any structure to the land owner. The District Level Committee shall determine the amount of compensation to be paid as per prevalent market prices to the land holder through whose land the pipeline is to be laid or repaired or renovated and its decision shall be binding upon all the parties.

(2) The Department or the farmer or the group of farmers, as the case may be, shall submit a written application to the District Level Committee detailing the land owner/s details through which the pipeline shall be laid or repaired or renovated and line demarcated for laying of pipeline alongwith the damage as shall be caused to crop or any structure that is in way of demarcated line.

(3) The Department or the farmer or the group of farmers, as the case may be, permitted to avail any of the facilities referred to in sub-section

(1) shall not, by virtue of the said facility, acquire any other right in the holding through which such facility is granted.

(4) The Department or the farmer or the group of farmers, as the case may be, to whom such facility is granted, shall also ensure that the land be restored up to the satisfaction of the land holder after laying of underground pipeline.

14- B. (1) In every district, there shall be constituted a Committee to be called the District Level Committee for granting

compensation, to the Department or the farmer or the group of farmers, as the case may be, consisting of the following, namely:-

(i) Deputy Commissioner Chairman

(ii) Divisional Soil Conservation Officer Convener

(iii) District Revenue Officer Member

(iv) Executive Engineer, Public Member Works Department (B&R)

(v) Divisional Forest Officer. Member

(2) The Convener shall convene the meeting of the District Level Constitution of

District Level

Committees.

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Committee on receipt of request to lay underground pipeline or repair or renovation, as the case may be, of existing pipeline.

(3) Four members including the Chairman and the Convener shall form the quorum for a meeting of the District Level Committee.

(4) All questions before the District Level Committee shall be decided according to the opinion of the majority of the members present and voting. In the case of equality of votes, the Chairman shall have a second or casting vote.".

VIVEK PURI,

Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 1406/12-2017/Pb. Govt. Press, S.A.S. Nagar

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