1900 : Pb. Act 21 LAn?3 PWSJXV.4TION
PUNJA3 LAND PRESERVATION ACT, 1900.
CONTENTS
Seciiot~s. Prelim ill a ry. 1 . Shorttitleandcommencement.
Go1 era/ De$nitions.
2. Definitions.
Not~ficafiow atrd Regulation of Areas
3. Notificationofareas.
4. Pnwer to regulate, restrict or prohibit, by general or special order, within notified areas, certain matters.
5. Power in certain cases, to regulate, restrict or prohibit, by special order, within notified areas, certain W h e r matters.
5-A. Power to require execution of works and taking of measures.
6. Necessity for regulation, restriction or prohibition to be recited in the order under sections 4,s or 5-A.
Publication of Order
7. Proclamation of regulations, restrictions, and prohibitions and
admission of claims for compensation for rights which are restricted or prohibited.
7-A. Power to fix time within which work to be executed erc. Corrtrol over the beds of Chos.
8. Action when State Government considers it desirable to take measures to regulate the beds of chos. Vesting of such beds in
the Government.
9. Effect of notscation to suspend or extinguish private rights in the area notified under section 8.
10. PowerofDeputyCommissionertodelimitthebedandtodecide what constitutes such bed. Power to take possession ofbed when vested in the Government.
1 1. Bar of compensation for acts done under sections 8, 9 or 10.
12. [Repealed.]
1
u v n PRE.SWATION [I900 : Pb. Act 2 Seciiotls.
Power to enter uupot~ and delimit not~$ed urea a11d beds.
13. Power to enter upon, survey and demarcate local areas notified under section 3 or section 8.
Itlquiiy into claims and awards of comper~safion ,",
Inquiries into claims and awards thereupon. Method of awarding compensation and effect of such award. Procedure, Records and Appeal.
. . - . ,. Record-of-rightsh~cspectofnotifiedarea. ' Mode ofproclaiming not5catiods and ofserving noticm,arders and p~.ocesses, issued under the Act. ..,, ;
Appeal, review and revision. \
PmtaZties, bdr of Suits atld Rules. . . Penalty for offences.
Application of provisions ofAct VJI of 1878. Bar of suits.
Power to make rules.
2
1900 : Pb. Act 21 L.W PKFSERVATION 197
PUNJAB LAND PRESERVATION ACT, 1900' PCNJAB ACT 2 OF -1 900
f28tk A&s~, 1900, lDth Oclobe4 19UO.j
1
Y o
1900
1
1.
page 13.
2. For Statuncut af0bject.s and Rcasons, see Purqub Gazette, 1905. Part V, page
137.
3. For Statement of Objm~s ud Reasons, sccPunjab Gazette, 1926, Pa V, page
28. I t came inlo force on 16thAugust, 1926.
4. For Statement of Objectsand Rcasons, see Puttjab Gazette, 1926, Part I, pagc
- 544. It c m c i n t ~ force on: 16thAugust, 1926.
5. For Statanent of Objeirts-ad Rasons, see Puqiab Gazette. 1942, haordinary,
page 255.
6. For Stat anent of objects and R&S, see Punjab G ~ e f t e , 1943, Ex€raordiuary, pages 4546.
7. For Stamen1 of Objectsand Redsons, .we ProQah Gazerre, 1950, Extraordinary, pages 1 59.
8. For Statmalt ofobjects and Rasons, see PutGab Gazette, 1951, Exiraordinaq pagcs 100.
9. For Statement of Objccts aud Reasons, see Putgah G~zelte (Extraordinary), I95 8, pages 546L
10. For Statemat ofObjaw and Reasons, see Ifuryatta Gazette (Extraordinary). dated the 2% October, 1968.
2
No.
TI
For
3
Shnrt tillr Tke Punjsb I a n d harvat ion Act. 1900
Statement of Objects 4 -
Wether rcpdcd or otherwir*? '
alkctcd lry lcpslation
Amended by Punjab A&, 4 of 19051,7' and 8' of I926 h n d c d by ~qvmnmcnt of India (Adapmion o f lndirin Low) Oidsr, 1937
I
Ammded by Purrjab Act I1 of 19421 Anrndod hy PuaFjnh Art 4 nF 1964' A m 4 by chc Indian IdEpradenrx: (Adaplation of Bm@ and b j a b At&) %den, 1948 (GGO. 40) -
Rmended by W a b Act 7 of 1950' h d c d by tbe Adspletiw o f h w s Onk , 1950. Amendcd by Un hdspMion RF Lnws { T h i Amsadmcal) Order, 1951
Ammdcd by h & A c t I oF1951'
Extended to the terrihrics which, Mdintt ly M o m the Is1 Novcmbcr, 1956 w m wmpriscd in fhc Paliala and Fur& Slates I J a i o ~ hy Purjah Art No 18 of 1956 ktendcd b the Icrritories which, irmncdialety hcfbm thc 1 d Novrmbtr, 1956 wcm in the P K ~ and Fnst &jab S r a k U i w , by Funjab Ac4 IS ofI958'. Tht 8 a 1 y m 1 Ad;lpwtiarl of h w s (%k andCawumnt Subjeck] Order, 1968'9
and Reasons, see Pu?/jab Gazette, 1899, Part V-A,
3
198 L ~ D PRFSERVATION 11900 : Pb. Act 2 An Act to provide for the better preservation and protection of
I cenainportionsoftheterritoriesofl[Haryana] * * * * *
It is hereby enacted as foIIows :-
Short title and 1. ( I ) This Act may be called the Punjab Land Preservation 4* *
mmmcenlm1. A C ~ , 1 goo. '[(2) It shall extendto the whole ofthe State of '[Haryana.] 6[(3) It s haU come into force at once '[in the principal territories and on the I 5th May, 1 958 in the transferred territories.] Delinitions. 2. In this Act unless a different intention appears kom the subject or context,-
(a) the expression "land" means ,land within any '[* *] area
preserved and protected or otherwise dealt with in manner in this Act provided, .and includes benefits to arise out of
land zhd things attached to the earth or permanently fastened to anything attached to the e d ,
(6) the expression "cho 'l meins a stream or torrent flowing
through or from the SiwaIik mountain range within '(Rary=@ ;
1. Substi tutcd for the word 'Punjab by lhc Haryana Addptation of Laws (State and Concurrent Subjects) Order, 1 968.
2. Thc words 'Situate within or adjacmt to the Siwalik mountain rangel'omitted by Punjab Act 11 of 1942, s h o n 2.
3. The prcamble was omitted by ibid, section 3.
4. Thebrackets and word "(chos)" omitted by Punjab Act 4 of 1944, section 2(a).
5. Sub-section (2) inserted by Punjab Act 1 1 or 1942, s~r ion 4(d) and substituted by Punjab Act 4 of 1944, section 2(b) was su bstituled against the pram1 sub-
section by Punjab Act I of 195 I , section 2.
6. Tbeoldsub-scctionQ)wasrenumberdassub-s~ou(3)byhnjab~ct 11 of 1942, section 4(a).
7. Added by the H;lryana Adaptation of Laws (State and Concurrent Subjects) Order. 1968.
8. The word 'Zocal" omitted by thc Funjab Act 4 of 1944, scctioo 3(a).
4
1900 : Pb. Act 21 LANU PKFSERVATION 199
(c) the expr~sions Lhe", "timber", "fores t-produce"
16 and "cattIe", respectively, shall have the memings severalIy
1927. assigned thereto in section 2 of the Indian Forest Act, '(1 927);
(6) the expression "person interested" includes all persons claiming any interest in compensation to be made on
account of any measures taken under this Act '(* * );
(e) the expression "Deputy Corrtmissioner" includes any oficer or oficers at any time specially appointed by the
"(Sate) Government to perform the functions of a Deputy Commissioner under this Act;
4[fl the expression "rightholder" includes-
(i) persons not being tenants or mortgagees having rights to or in land; and
(io persons having rights of collection of forest
produce or of grazing or pasture, and ( the expression "erosion" includes the removal or
displacement of earth, soil, stones or other materids by the action of wind or water.]
'13. Whenever it appears to the 3(State) Government N O I & C ~ ~ ~ O I ~ of
that it is desirable to provide for the conservation of sub-soil areas. water or the prevention of erosion in any area subject to erosion or Iikely to become liable to erosion, such Government may by notification make a direction accordingly.]
4. In respect of areas notified under section 3
generally or the whole or any part of any such area, the )IState] Government may by general or special order temporarily * * * * * * * regulate, restrict or prohibit-
I. Snbstitutcd for the figures "1878" by Punjab Act 4 of 1944, section 3 0 ) . See the lndian Forest Act, 1927 (1 6 of 19271, sxtion 2.
2. Theword4'md"o~~edbyibid,sec~on 3(c).
3. Substituted for the word "Provincial" by h e Adaptation ofLaws Order, 1950.
4. Added by Punjab Act 4 of 1 944, sectiod 3(d).
5. Substituted for the old sation by Punjab Act 11 of 1942, section 5,
6. The words "or permanently" were omitted by Punjab Ac17 of 1926, section 2. Power to
regdate, restrict
or prohibit by
general or
.cpecial order,
within notified
areas, cerlain
matt&$ '
5
. . .
200 I LAND PRESERVATION ': [I 900 : Pb. Act -2
Powa in certain cam, toregulatc, restrict or prohibit by special order.
within notified areas, certain further matters.
(n) the clearing or breaking up or'cultivating of land not ordinarily under cuitivation prior to the phblication of the
notification under section 3;
) the quarrying of stone or the burning of lime at places where such stone or lime had not ordinarily been so quarried or burnt prior to the publication of the notification under section 3;
(c) the cutting of fries or timber, or the collection or removal
or subjection to anymanufactumg process, otherwise than
as described in clause @) of this sub-section, of any forest produce other than gass, save for bonafide domestic or
agicultural purposes '[or right-holder in such area];
(d) the setting on fire of trees, timber or forest produce;
(e) the; admission, herding, pasturing or retention of sheep
Ygoats or camels];-. .. . . fl the examination of forest-produce passing out of any such area; and
( the granting of permits to the inhabitants of towns and villages situate within the limits or in the vicinity of any such area, to take any tree, timber or forest produce for
their own use therefiom or to pasture sheep 3[goats or camels] or to cultivate or erect buildings therein and the
production and return of such pamits by such persons.
5. In respect of any specified village or villages, or part or pa& thereof, comprised within the limits of any area notified under
section 3, the TState] Goverimkni may, by special order, temporarily * * regulate, restrict or prohbit-
(a) the cultiv&g of any land ordinarily wder cultivation prior
to the publication of the notification under section 3;
(b) the quarrying of any stone or the burning of any lime at
places where such- a , stone or lime had ordhaijly been so quarried or buqt .prior ... , . to the publication-of the G<<&fication
1. AddcdbyPunjabAct4ofl944;'sdction4(a).
2. Substituted for the words 'or goats" by ibid, section 4(b).
3. Substituted for the word ' a r goats" by ibid, section 4 (c).
4. Substituted for the word 'Provincial" by the Adaptation of Laws Order, 1950.
5. Thewords "or pwmancnlly" were omitted by Punjab Act 7 oi1926. section 3.
6
1900 : Pb. Act 21 LAND PRESERLr%TION 20 1 under section 3;
(c) the cutting of trees or timber or the collection or removal or subjection to any manufacturing process, othenvise than
as descried in clause (b) of this sub-section, of any forest- produce '[for any pcrpose], and
(d} the admission, herding, pasturing or retention of cattle
generally other than sheep '[goats and camels], or of any class or description of such cattle.
4[5-A. In respect of areas notified under section 3 generally Powcr to rcquire
or the whole or any part of any such area, the 3[State] Government execution of
may, by general or special order, direct- worksandtaking '
ofrncaur~ .
(a) - the levelling, terracing, drainage and embanking of fields ; fi) the construction of earth-works in fields and ravines ;
(c) the provision of dmins for storm water ;
(d) the protection ofland against the action of~ind or water ; '
e the training of streams ; and
- : such other measures as may, in the opinion ofthe 3[State Govanmt, be necessary for carrying out the purposes of this Act.]
6. "Evayordermade under5[sections 4, 5 or 5-A] shall be
published in the 6 ~ o f f ; c d l Gfizlzette and s h d set forth that the I[State]
Government is satisfied, after due inquiry, that regulations, restrictions
7Eprohibitions or directions] contained in the order are necessary for the purpose of giving effect to the provision of this Act.
1. Substituted for the words "for bot~afide domestic or agricultoral purposes" by Pllnjab Act 4 of 1905.
2. Substituted for the words "and goats" by Panjab Act 4 of 1944. scction 5.
3. Substituted for the word 'Rovinical" by the Adapwtion of Laws Order. 1 950.
4. Inserted by ibid, section 6. -
5. Substimtd for "section 4 or section 5" by ibid. section 7 (a).
6. Substituted for thc word "Gazette" by the Governemnt of India (Adaptation of Indian Laws) Order, 1937.
7. Substituled for the w ~ d s "or prohibitions" by ibid. section 7 @).
Necessity for ~cgulation, resbictim or
prohibition to be recitedin the
order under sections 4,5 and 5-A, Publication o Forder.
7
202 L.%VD PRESERVATION 11900 : Pb. Act 2
Proclamation of regdaljons, restrictions and probi bition and admission of
clainu for
compensation for rights which are
restricted or prohibited.
7. ( I ) When, in respect of any '( * *) area, a not5cation has
been published d e r section 3, and-
(a) upon such pubiicatiorl any general 'order, made under
section 4 '[or section 5-A] becomes applicable to such area, or
(b) any special order under '[sections 4,5 or 5-A], is made in . . respect of such area, : .- the Deputy Cornmissioner rh-~ll cause public notice of the provisions of such general or special order to be given and if the provisions of any such order restrict or 4Lprohibit the exercise ofl any existing rights, shall also publish in the language of the country and in every town and village the boundaries of which include any portion of the area
within or over which the 5[exercise oP any such rights is so restricted or prohibited] a proclamation stating the regulation, restrictions and prohibitions which have beei imposed; by any such order, within the
limits of such area or in any part or partsthereof fixing a period of not less than three months from the date of such proclamation, and
requiring every person claiming any:c6mpensation in respect of any right so restricted or prhibited, within such period either to present to such officer a written notice speclfymg, or to appear before him and state, the nature and extent of such right and the amowit g d particulars of the compensation (if any) claimed in resped.thcreof
f . ,
(2) Any claim not preferred within the time fixed in the proclamation made under sub-section (I), shal! be. rejected :
Provided that, with the previous sanction of the Commissioner, the Deputy Commissioner may admit any such claim 8 if it had been +. I . -.: I
made within such pefiod.:
. . . .. .' .
'17-A. (1) Wfi,en an order has issued under section 5-A, the
Deputy Co&ssioner may by notice require the owner or occupier
of the land to execute such works or take such measures as may be r : ; ; ,: -
specified in the notice.
1. The word 'Lpcal" was omitted by h j a b dct-4 of 1 944. section 8 (a).
2. hsertcd by ibid. s d o n 8 @).
3. Substituted for "Seclion 4 or section 5" by ibid, s ~ t i ~ n 8 (c)
4. Substihted for the word "extinguish" by punjab Act 7 of 1926, scction 4. -'
5. Substituted for the wrds "any such righti, are so restrict? or hguisbed" h;$
;;.I. ibid, section 4.
. m
6. lnserlcd by Punjab Act 4 of 1944, section-$:' '
8
1900 : Pb. Act 21 LANU P R F S ~ V ~ I O X 203
(2) Every such notice shall state the time within which the works are to be executed or measures are to be taken.
(3) A aggrieved by an order contained TI such a notice
as aforesaid may, within thirty days hornthe service of such notice or ,
within such longer period as the Deputy Commissioner may d o w
him in this behalf,'seive a notice of his objections on the Deputy Commissioner in such manner as may be provided by the rules made under this Act.
(4) If and in so fx as an objection under this section is based
on the ground of some informality, defect or error in or in connection with the notice, the Deputy Co-ssioner shall dismiss the objection, ifhe is satisfied that the informality, defect or error was not a material one.
(5) , If the objection is brought oq all or any of the following
grounds, that is to say :- , . , I?
(a) - - that the notice might lawfully have been seMd on the *'.
ociupier of the land in qdestion instead of on the owner, . "
or on the owner instead of on the occupier, and that it -'.'' would have been equitable for it to have been so served ;
(6) that-some other person, being the owner, occuparicy tend6
mortgagee with possession, or lessee, or farrn hdlder, -br
i possessing some other right in or over the lahd to b'k' benefited, ought to contriiute towards- the expenses of :
executing any works or taking any r n e d e s required :
-..
(C) where the work or measure is work or keas&e for the
. common benefit of the land in question and other land,
that some :other person being the owner or occupier of:
land t o W benefited, ought to contribute towards the -- expenses of executirig aiy works or taking any measures required ;
the objector shall serve a copy of his notice of objection on each other
person referred to, and on the hearing of the objection the Deputy Commissioner may make such order as be thinks fit with respect to the person by whom any work is to be executed or measure is to be
taken and the contribution to be made by any other person towards the cost of the work or measure, or as to the proportions in which any expenses which may kcome recoverable by the Deputy Commissioner
9
204 LAXD PRESERVATION [I 900 : Pb. Act 2 under sub-section (6 ) are to be borne by the objector and such other person :
Provided that no such order shall be made unless the person
who is likely to be affected thereby has been given a reasonable
opportunity of being heard. In exercising his power under this sub-section the Deputy
Commissioner shall have regard- I :..
(a) as between an owner and an occupi&r;to the terins,iind conditions, whether centractual or statutory, ofthe fxnancy
and to the nature of the works and measures required ; and . . . . , . ..
(b) in any case, to the degree of benefit to be derived by the
different persons concerned.
(6) Notwithstanding anything to the contrary in any law for the time being in farce, no person required by a notice or an order under this section to execute any work or to take any measure shall be
required to obtain the consent of any other person before complying with such notice or order.
(7) Subjecttosuchrightofobjectionasaforesaidandtheright
of appeal under section 18, if the person required by the notice to execute works or to take measures fails to execute the works or to take the measures indicated within the time thereby limited, the Deputy
Commissioner may himself or by an agent execute the works or take
the measures and recover from that person the expenses reasonably incurred by him in so doing :
Provided that it shall not be necessary for the Deputy Comnrissioner to wait for the decision of any objection other than an objection under clause (a) of subsection (51, or an appeal against any
decision on such objection, before taking action under this subsection.
I * * * * *
. ,
(8'- Tftbecost ofany workexecutedoranymeasuretakenby any person remains unpaid by the person from whom it is due,aftkr the date specified in a notice issued in this behalf by the Deputy Commissioner or such other date as is fixed by hum, such cost shall be
recovrable as an arrear of land revenue and a certificate issued by the
1. Proviso (2) omitted by Puajab Act I of 195 1, section 3.
- . . .
10
1900 -: Pb. A& 21 UKD PR F S E R V ~ I ~ N 205
Deputy Co-ssioner in this behalf shalI be final and conclusive
evidence of the sum st, ~ecoverable and the person liable for the same.
(9) Every order issued under this section shall be published
in such manner as may be prescribed in the rules made under this Act, and upon such publication every person affected thereby shall, unless
the contrary be proved, be deemed to have had due notice thereof.
( I 0) The Deputy Commissioner may by general or special order authorise any revenue officer subordinate to him to enquire into any objection that may be brought under this section :
Provided that no h a 1 order on any such abjection shall be passed except by the Deputy Commissioner himself
I In making an order on objections brought under this section, the Deputy Commissioner shall be guided by such rules, if any, -as the [State] Government may make in this behalf,
(12) For the purposes of this section, the expression "estate" shall have the meaning assigned thereto in the punjab Land Revenue Act, 1887.1
8. (1) Whenever it appears to the [State] Government that it is desirable that measures should be taken in the bed of any tho for the
purpose of-
(a) regulatingthe £low oi water within, and preventing the widening or extension of, such bed, or of,
(b) reclaiming or protecting any land situate within the limits
of such bed;
such Government, may, either proceed at once in manner in sub- section. (2) provided, or in the figt instmce, by notification specfymg
the na tke and extent of the measure to be taken and the,lqcality in and the time within which such measures are to be so ten, require all persons, esessing proprietary or occupancy rights inland situate
in such locality 'to themselves carry out the measur&'specified in such noti ficaticm ' accbrdhgly. . .' '
. ...::
(2).!K,@e,~l1ol.~,ii any pk-t of the bed of any cho be ynclaimed,
or, if, h the opinion of the '[State] Government the measu- deemed necessary ~ d e r subsettion [ I ) are of such a character, in - iegard to Action when
State Governmeat
considers it desirable to take measures to
regulate the beds of chos. Vesting
of such bcds in State
Govcxnm ent .
. , - . , . . a
1. Substituted for the word "Provincial': by the Adaptation of Laws Order, 1 950.
11
20 6 LIND P F Z S J ~ R ~ ~ ~ O N .. 11 900 : Pb. Act 2
extent and cost, that the interference of the '[State] Government is
absoluteIy necessary, or in the event of the owner or occupier of any
portion of the bed of any clro failing to comply with the requirements - ' of any notification issued under subsection ( I ) such .Government may,
by notification, declare that the whole or any part ofthe area comprised
within the limits of the bed of my cho shall vest in 2[the State
Government] * * * * for such period and subject to such conditions (if any) as may be specified in the notification :
Provided that no such declaration shall%e made in respect of, or
s h d affect, any land included within the limits of the bed of any such cho, which at the date of the publication of thi'notification making such declaration, is cultivated or culturable, or yields any produce of
substantial value.
(3) When the owner or occupiers of such locdity are unbale to agree among themselves regarding the carrying out of such measures,
tbe decision of those paying the larger amount of land-revenue shall
be held to be binding on dl.
(4) The [State] Government may, from time to time, by like notification, extend the period during which any such area shall remain vested in the J[the State Government].
Effect of 9. Upon the making of my declaration under sub-section (2) notification 10 of section 8, all private rights of whatever kind existing in or relating suspend or to any land comprised within the area specified in the notification
cxtiognish prirdte rights in containing such declaration at the time of the publication thereof, shall mc area nosed 5@ suspended for the period specified in the declaration and for such
u t l d c r s e ~ t i o ~ 8. further period (if any) to which such period may at any time be
extended] :
Provided that, as far as circurm tances adrni t, such rights of way
and water shdl be reserved, in respect of every such area, as may be necessary to meet the reasonable requirements and convenience of the persons (if any) who.at the time of the making of such declaration, possessed any such rights over such area.
1. Substinted for the word "RovinciaI" by the Adaptation of Laws Order, 1950.
2. Substituted for the words "His Majesty for the purposes of the Province" by the Adaptation of Laws (Third Amendment) Order, I95 1.
3. The words "either absolutely and in perpetuity or" were omitted by Punjab Act 8 of 1926, scction 2.
4. Substitulcd for the words ' 7 3 s Majcsty" by the Adaptation of law (Third Arncndmmt) Ords, 1951.
5 . Substituted for h e old clausa (a) and (b) by Punjab Act 8 of 1926, section 3.
12
1900 : Pb. Act 21 LANU PKJSEKVN~OH 207
10. (1) The Deputy Commissioner shall, for the purposes of every notification issued under sub-section (2) of section 8, fix llle
limits of the mea comprised within the bed of the clro to which such notification is to appply.
2 ) Upon the publication of a notification containing any declaration under sub-section (2) of section 8, it shalI be lawhl for the Deputy Commissioner to--
(a) take possession of the area specified in such declaration;
(b) eject all persons therefrom ; aid
(c) deal with such-area, while it remains vested in '[the State Government], as if it were the, absoIutc propcrty of '[the
State Government J .
11. No person shall be entitled to any compensation for any thing at any time done, in good fkith, in exercise of any power conferred by section 8, section 9 or section 10.
12. [Conditionastosde~oflandacquiredundertheActand obliga f iot~ ofLocal Govemo~r to keep nccour~t of mo~leys expended on such lanq-Repealed by Act 8 of 1926, s. 4.
POWER TO EW& UP ON'^ DELIM~T NO'-D m P;ND BEDS
. - - .
13. It shall b;c lawful for the Deputy Commissioner and for
,.,:., :, . , .
his subordinate officers, servants, care takers and workmen, from timt to time, as occasion may require,-
(a) to enter upon and survey any land comprised within any ?* * * * area in regard t o which any notification has been , ' issue.dmdersection3orsectlon8'~orinregardtowbich
anotscation is proposed to be issued under section 5-A];
(3) ,to erect bench-marks on and to delinit and demarcate the boundaries of any such;
(c) to d 0 . d other acts and things which may he necessary in order adequately to praerve or protect any land or to give
effect to all or any ofthe provisions of this Act :
Power of Deputy Commkirmer to
delimit chc bcd and to decidc what constitutes such bed. Power to lake
possession of bed when vested in the State
Government. Bar of
wmpens~tion for acts dune undcr
soctions 8,9 or
10.
Power to entcr upo11, silrvcy md dmarcate local ar cas n o t 3 cd under section 3 or section 8.
1. Substituted for the words ' H i s Majesty" by the Adaptation of Laws (Third
Amendmuit) Order, 195 1.
2. The word "local," omittcd by Punjab Aci 4 of 1944, sation lO(a).
3. Lnsertcd by ibid, section LO@(
13
208 WVD PRESRKV~ION (1900 : Pb. Act 2 hquiriesinto
cIaims and
awards
thaeupon.
Provided that reasonable compensation, to be assessed
and determined in the manner in 'this Act provided, shall be
made in respect of any damage or injury caused to the property
or rights of any person in carrying out any operations under the
provisions of this section, but no such compensation shall be
payabIe in respect of a n w g done under the said provisions
within the limts of any [ * * * * area notitied under section 8.
INQUIKY INTO CLAIMS AND AWW OF COM PF,NSATION
14. ( I ) The Deputy Commissioner shall-
(a) fix a date for inquiring into all calims .made under
, . - I . .. .. .. . i : ., . ,
section .,.,,*: , : . 7, * , * and m y in his discietion, fromtime
to tune, adjourn the kquiry to a dat= to be 6xed by
him; @I record in writing dl statements made under section
, . . r . .-
7-
- . . ..
(c) inquire into all claims duly preferred under section 7"*;and
L
(4 make .an award upon each such claim, setting-out
therein the nature and extent of the right claimed, the person or persons making such claim, the extent
(if any) to which; and the person, or persons in whose favour, the right claimed is established, the extent ; -. to which it is to be restricted or 3LprohibitedJ and -, . .
the nature and amom of the compensation (if any , .> 8
awarded).
- (2) For the Ipurposes. af every such inquiry the ,Deputy 14 of
Commissiow may exercise all or any of the poweis of:a Civil I 882.
Court in the trial of suits under the Tode of Civil Procedure. . , .,,,,--:-!: ; -. . ... .,..i! T:,
(3) The ~ e ~ u t y ~onkksioner shall -ounce. his award
to such persons interested, or their representatives, as are present, and'shall record theradceptance of those who accept it. To such as are not presenti the Deputy Cords~i'ioner~shall cause immediate %iotice8 of his award to be given. 1' " '
1. , Theword :'local'? 0mitted.b~ Punjab-Act 4 of 1944, section 10(a). - -:-.
2. The words "or sectior~ 1 2" werc omincd by Punjab- Act 8 of 1 926, section 5.
3. Substituted forthe word "erttinguishcd"-bibid, section 5.
4. See now the Code of Civil Procedure, I908 (Act 5 of 1906).
14
1900 : Pb. Act 21 LAND PRESERV~ON
15. (1) In determining the amount of compensation, the Deputy Commissioner shaII be guided, so far as may be, by the
I of provjsons of sections 23 and 24 of the Land Acquisition Act, ,894, 1894, and, as to matters which cannot be dealth with under those provisions, by what i s just and reasonable in the circumstances of each case.
(2) The Deputy Commissioner may, with the sanction
of the [State] ~o&-nrr~ent and the consent of the pmon entitled,
instead of money award compensation in land or by reduction
in revenue or in any other form
(3) It, in any case, the exercise of any right is prohibited for a time oiily, compensation shall be awarded only-inrespect of the period during which the exercise of such right is so
prohbited.
16. ( I ) For every area, notified under section 3 or section
8, the Deputy Comrrrissioner shall prepare arword setting forth the nature, description, 'local situation and extent of dl rights mentioned in section 4 and section 5-
(a) existing within such area at the time of the
publication of the notification relating thereto ,under section 3 or section 8; . .
(2,) regulated, restricted; * 3. *. crf4krohibited] by any order under section 4 or section-5. : .. . .
(2) Whenmyawardisde~11dersection1'4,itseffect upon any right shall also b~ recovered therkin."
. . ::,-:> . . .
17. (1) Upon the publication of.a notification issued under 4 - any of the provisions of this Act,,the Deputy Commissioner
s h d cause public notice of the substance thereofto be given at convenient placa in the locality to which such notification relates. . ,
I. Substituted for h e word 'Trovincial" by the Adaptarion of Laws Order, 1950.
2. Repealcd by Panjab Act 8 of 1926, section 6. ,
3. The word "mspendcd" was omitted by Punjdb Act 8 of 1926, seaion 7. ' 4. Substiluted for Lhe word?'extinguished" by ikd;stztim 7.
; . ';,. ,.
Mcthad of
awarding
compensation
and c f k t of such .
award. Record of rights in respcct of notified arcas. Modc of
prwlaiming notification and of s&g
notica orders and precesses
issued wder the
Act.
15
2 10 LnNn PWERVARCIN 11 900 : Pb. Act 2 Appeal, r&cw
and revision. Penalty for
offcnclls.
Application of provisions of the
lndian Forest Act.
1927.
(2) The procedure prescribed in sections 20, 21 and 17 of
22 of the Punjab Land-Revenue Act, 1887, shall be ldowed, i887. as far as may be, in proceedings under this Act.
18. Every order passed and every award made by a Deputy Commissioner under this Act, shall, for the purposes of appeal, review and revision, respectively, be deemed to be
the order of a Collector within the meaning of sections 13, 14, 15 and 16 of the Punjab Land-Revenue Act, 1887 :
Provided that nothing in this Act contained shall be
deemed to exclude the jusrisdiction of any Civil Court to decide
any dispute arising between the persons interested ip and
compensation awaided as to the apportionme& or distribution thereof amongst such persons or any of them.
P ~ A L ~ , BAR OF surrs ~ . R U S . ,
19. Anypersonwho, withinthelimitsofany'*.~** *
area notified under section 3, commits any breach of any regulation made "restriction or prohibition imposed, order passed or requisition made under sections 4, 5, 5-A or 7-A]
'[or obmcts or resists in any way whatever the execution of
acts or things done under section 13,] .shall be punished with imprisonment for a term which may ehend to one month, or with a fine which may extend to one hundred rupees, or with both.
20. '[The provisions of sections 52,54,55,56,57,58,
59,60,61,62,64 (excluding the last sentence), 66,67,68, and 73 of the Indian Forest Act, 1927,] shall, so far as applicable,
be read as part of this Act, and for the purposes of those provisions, every offence punishable under section 1 9 shall be
deemed to be a "forest offence", and every officer employed in
the management of any area notified under sectio~i 3 or section 8, as care-taker or othenvise', shall be deemed to be a forest
1. The word '%d" amiltcd by Punjab Act4 of 1944, swtion l,l(a). .
2. Substituted for thc words "or r&iction or prohi bition imposedunder section 4
or section 5" ibid, s d o n ll(b). .,,f. . :
- 1
3. Inserted by Punjab Act 7 of 1950, section 2. . :-: .
4. Substilutcd Tor "Theprovisionsof seaions 52,54,55,56, 57,58,59,60,61,63 (excluding thc last sentence), 64, 65,66,67, and 72 of the indian_FormAct, 1878," by Punjab Act 4 of 1944, section 12. :5:c:~..:: . > , :, .. , .
. . , . .:. ,. .,.
16
1900 : Pb. Act 21 LnND PRESERVATION 21 1
21. No suit shall lie against the '[Government] For anything Bar ofsuits. done under this Act, and no suit shall lie against any public servant,
for anything done, or purporting to have bee11 done, by him, in good faith, under tbis Act.
22. (1) The '[State] Government may make rules, consistent with Power to make
this Act,- rules.
(a) regulating the procedure to be observed in any inquiry or proceeding under this Act; and
(h) generally for the purpose of carrying into effect all
or any of the provisions of this Act.
(2) All rules made under this section shall be published in the 'Official Gazette.
1. Substituted hr the word "Crowl" by the Adaptation of Laws Ordcr, 1950.
2. Substimted for thc word "Rovincial" bythc Adaptation of Laws Ordu, 1950.
3. Substituted fir the word "Gazclte" by the Govemmmt of India, (Adaptation of Indian Laws) Order, 1937.
17