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The Colonization of Government Lands (Punjab) Act, 1912
Act 5 of 1912
Keyword(s): Collector, Colony, Improvement, Tenant, Original Tenant
1912 : Pb. Act 5.] COLONIZATION OF GOVERNMENT 577 LANDS. CONTENTS. SECTIONS. 1. Title and local extent. 2. Repeal. 3. Definitions. ये CHAPTER I PRELIMINARY 4. Application of the Act. 5. Power to withdraw a colony from the operation of the Act. 6. Applicability of the Punjab Tenancy Act. 7. Applicability of the Punjab Land Revenue and Punjab Tenancy Act, 8. Amendment to section 136(1) of the Punjab Land Revenue Act. 9. Applicability of the Punjab Tenancy Act to certain village sites. . CHAPTER पा PRoviSIONs RELATING To TENANTS 10. TIssue of statements of conditions of tenancies. 11. Legal effect of statement of conditions. 12. Temporary absence. 13. Entries in record-of-rights or in annual record to be equivalent to entries in register issued under Act III of 1893. 14, Position of tenants holding hitherto under Act III of 1893. 15. Purchaser to be tenant pending payment in full of थी ‘ purchase money. 16. False information by a tenant. 17. Exchange., 18. Rights of tenant not to be attached or sold. 19. Transfers of rights to be void.
578 COLONIZATION OF GOVERNMENT [1912 : Pb. Act 5. LANDS. SECTIONS. 1 90. Succession of tenants acquiring otherwise than by succession, 91. Succession to tenants acquiring by succession. 22. Acquisition of ownership not to affect nomination of heir, 23. Revocation of nomination. 24. Power of imposing penalties for preaches of conditions. 95. Power of re-entry and provisions as to compensation in certain cases. 96. Provisions for re-entry on anci compensation for build- ' ings on sites allotted for residential purposes. 27. Saving of certain tenancies and conditions. 98. Sums due to the Government to be recoverable as arrears of land revenue. 29. Power to abrogate conditions. CHAPTER 1 PROVISIONS RELATING TO PROPRIETORS. 30. Acquisition of proprietary right. 30A. Rights of alienation in respect of, and rule of succes- sion to, certain proprietary rights acquired by a female. IJV CHAPTER IJV SUPPLEMENTARY PROVISIONS. 31. Mares, camels or their progeny maintained under prescribed conditions not to be attached or sold. 32. Power of re-entry in case of squatters and trespassers. 33. Penalties. 34. Additional powers of Collector in regard to offences. 35. Power to levy a cess for administration of common village expenses. '
1912 : Pb. Act 5.] COLONIZATION OF GOVERNMENT 579 LANDS. - SECTIONS '36. Jurisdiction of Civil court barred as regards ' matter arising under the Act. 37. Public servants indemnified for acts done under this Act. ' 38. Legalization of orders passed previous to the Act. ScuEDULE L Omitted. ScuepuLr पा,
1912 : Pb. Act 5.1 COLONIZATION OF GOVERNMENT 581 LANDS. ' 'THE COLONIZATION OF GOVERNMENT LANDS. Punias Act 5 oF 1912 [21st June, 1912.] i | { 1 2] 3 4 . Short title Whether repealed or otherwise Year No ० affected by legislation 1912 .. 5 The Colonization of Repealed in part and Amended Government Lands Act 38 of 1920 Punjab) Act, 1912 ‘ (Punjab) Amended, Punjab Act 3 of 19202 Amended, Government of India (Adaptation of Indian Laws) Order, 1937 Amended by Punjab Act 13 of 19413 Amended by Punjab Act 6 of 19444 Amended by the Indian Independence (Bengal and Punjab Acts) Order of 1948 (G. G. 0. 40) Amended by the Adaptatior of Laws Qrder, 1950 Amended by the Adaptation of Laws (1hird Amendment) Order, 1951 Extended to Pepsu Territory by Punjab Act 5 of 1957 Amended by Punjab Act 25 of 19645 _ 1For Statement of Objects and Reasons, see Punjab Gazette, 1910, Part V, page 176, for Report of the Select Committee, see Punjab Gazette, 1911, Part V, page 429, and ibid, 1912, Part V, page 85, and for Proceedings in Council, see ibid, 1910, Part V, page 188, ibid, 1911, Part V, page 420, and ibid, 1912, Part V, pages 50 and 135. 2For Statement of Objects and Reasons, see Punjab Gazette, 1920, Part V, pages 8-9, for Proceedings in Council, see ibid, 1920, pages 166—176. It came into force on the 4th June, 1920, 3For Statement of Objects and _ Reasons, see Punjab Gazette, 1941, page 568, and for Proceedings in Assembly, see Punjab Legislative Assembly Debates, Vol. XVIII, pages 32, 256-57. “For Statement of Objects and Reasons, see Punjab Gazette, Extraordinary, 1944, pages 351-52, and for Proceedings in Assembly, see Punjab Legislative Assembly Debates, Vol. XXII, pages 870-—75, 5For Statement of Objects and Reasons, see Punjab Government Gazette ‘(Extraordinary), 1957, page 339. G SFor Statement of Objects and Reasons, see Punjab Government azette (Extraordinary), 1964, pages 935-937.
582 COLONIZATION OF GOVERNMENL [1912 : Pb. Act 5. i LANDS. PUNJAB ACT 5 OF 1912. An Act to make better provision for the colonization and administration of Government Lands in *Punjab. © WHEREAS it is expedient to make better provision for the colonization and administration of Government land in 'Punjab ; _ It is hereby enacted as follows :— ' Title and local 1. (1) This Act may be called the Colonization of Government Lands (Punjab) Act, 1912. (2) It extends to *Punjab. | 1 2. The Government Tenants (Punjab) Act, 1893 1Lt is hereby repealed. ’ Definitions. 3. In this Act, unless there is something repug- " nant in the subject or context,— “Collector” means the Collector of the district as described in the *Punjab Land Revenue Act, XVII of 1887, and includes (1) any officer appointed 1887 by the *[State] Government to perform all or any of the functions and exercise all or any of the powers of the Collector under this Act and (2) any Colonization Officer or | Assistant Colonization Officer appointed 85 | such before the commencement of this Act, ! whether or no such officer was by notification appointed to perform all or any of the func- tions of a Deputy Commissioner under the Act hereby repealed. “Commissioner” includes any officer appointed by the *[State] Government to perform all or any of the functions and exercise all or any of the powers of a Commissioner under this Act. “Colony” means any area to which this Act shall be applied by order of the ‘[State] Govern- ment and, unless the *[State] Government otherwise directs any area to which the Gov- ernment tenants (Punjab) Act, 1893, has 1118193°f ‘ been applied. ) | 1Substituted for the words “East Punjab” [which had been inserted | for the word “the Punjab” by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 19481 by the Adaptation of Laws ; (Third Amendment) Order, 1951, | 2Substituted for “East Punjab” by Adaptation of Laws Order, 1950, 8See Volume I. 4Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. ]
[——XVI of 1887. [1I of 1893. 1912 : Pb. Act 5.] COLONIZATION OF GOVERNMENT 583 LANDS. “Prescribed” means sanctioned by the '[State] Government under this Act or under the Act hereby repealed, “Improvements” means sych improvements as de- fined in section 4(19) of the *Punjab Tenancy Act, 1887, as the tenant is permitted to make under the conditions applicable to his tenancy. “Tenant” means any person holding land in a colony as a tenant of ’[Government] and in- cludes the predecessors and successors in in- terest of a tenant. *[“Original tenant” means any male to whom a tenancy is first allotted by the Collector, and includes the male transferee of such a tenant and any male nominated by the Collector in accordance with the provisions of section 21 to succeed a female, to whom a tenancy was first allotted.]. CHAPTER I , PRELIMINARY. ; 4. This Act shall, unless the ’[State] Government thAppAh"cctati"“ of otherwise directs, apply to land to which the provisions ’ of the Government Tenants (Punjab) Act, 1893, have been applied and to any other land to which the ‘[State] Government may by notification in the Official Gazette apply it and which at the time of the notification was the property of the ‘[State Government] : Provided that *[unless the ’[State] Government by general or special order otherwise directs] nothing in sections 20, 21, 22 and 23, or in the proviso to section 14, of this Act, shall, * * 5 * के apply © * * * * t4 any class of tenancies created hereafter which the °[State] 1Substituted for the word “Crown” by the Adaptation of Laws Order, 1950, 2Added by section 2 of Punjab Act 3 of 1920, ) 3Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950, “Substituted for the words “Crown 'for the purposes of the Pro- vince” by the Adaptation of Laws (Third Amendment) Order, 1951. 5The words “unless the Local Government by general or special order otherwise directs” were inserted by Act 38 of 1920 and in the same proviso the words “without the previous sanction of the Governor- General in Council” were omitted by the same Act, SThe words “to tenancies specified in Schedule I of this Act, or” omitted by the Indian Independenc (Adaptation of Bengal and Puyn- isb Acts) Order, 1948 (G.G.O. 40).
54 COLONIZATION OF GOVERNMENT [1912 : Ph. Act 5. LANDS. Government may declare to be scheduled tenancies under this section. d‘1=‘ower 19 एरंधीरर 5. The '[State] Government may, at any time by frroamw the सी notification in the Official Gazette, withdraw a colony or tion of the Aot any part of a colony from the operation of all or any of ' the provisions of this Act. Applicability of 6. (1) Except as provided 1’1‘1 section 7 of this Act, T~h:n PunJAcab the Punjab Tenancy Act, 1887, shall not be applicable to XVI ot ancy Act. tenancies held under this Act. 1881. (2) Nothing in sub-section (1) of this section shall affect the application of the Punjab Tenancy Act, 1887, XVI of to any matter or dispute arising between *[tenants of 1867 the *[Government]] and their sub-tenants to which *[Government] is not a party. Applicability of 7. Subject to the provisions of this Act, the Punjab xv the Punjab Land Land Revenue Act, and Chapter VII of the Punjab Ten- xvaxnd हि e Beiab %t ancy Act and the rules made thereunder shall, in so far Tas7.” ancy Act. as they are applicable, apply to all proceedings under this Act. But nothing in the Punjab Land Revenue Act or the Punjab Tenancy Act, 1887, shall be so construed as to vary or invalidate any condition entered in any statement of conditions issued by the '[State] Govern- ment, and in particular shall not be so construed as to limit successions to tenancies otherwise than as provid- ed in such statement of conditions. Amendment of 8. Section 136 (1) of the Punjab Land Revenue Act, XViI of section P136_(1b) 1887, shall be amended by inserting after the words 1887 o e e “under section 49” the words “or any Revenue Officer Act. in a colony”. Applicati of 9. Notwithstanding anything in section 4 of the का | लि IV of Punjab Land Revenue Act, 1887, the provisions of =~ Land Revenue Chapter IV of that Act shall apply to all village sites in Act, 1887, t0 5 nolony certain village ही sites, ' 1Substituted for the word «Provincial” by the Adaptation of Laws Order, 1950. 2Substituted for the words “Government tenants” by the Govern- ment of India (Adaptation of Indian Laws) Order, 1937. aSubstituted for the word “Crown” by the Adaptation of Laws Order, 1950.
l—_—_—_———vmlz - Pb. Act 5.] COLONIZATION OF GOVERNMENT 585 LANDS. CHAPTER II PROVISIONS RELATING TO TENANTS 10. (1) The '[State] Government may grant land mISeSnutes f°f state- Yy . . O 1 in a colony to any parson on such conditions as it thinks tions of c°tennd1_‘ ' fit. ancies. (2) The '[State] Government may issue a statement [ or statements of the conditions on which it is willing to grant land in a colony to tenants. (3) Where such statements of conditions have been issued, the Collector may, subject to the control of the Financial Commissioner, allot land to any person, to be held subject to such statement of conditions issued under sub-section (2) of this section, as the Collector may by written order declare to be applicable to the case. (4) No person shall be deemed to be a tenant or to have any right or title in the land allotted to him until such a written order has been passed and he has taken possession of the land with the permission of the Collector. After possession has been so taken, the grant shall be held subject to the conditions declared applicable thereto. tLegal effect ot 11. Subject to the provisions of this Act, the grant Gt onts of of any tenancy in accordance with any statements of conditions. conditions which have been or may hereafter be issu- ed by the ‘[State] Government under the Govern- of ment Tenants (Punjab) Act, 1893, or under this Act shall be deemed to be transfer of a land within the xVof meaning of the *Government Grants Act, 1895, and 1895 chall be governed by the provisions of the said Act. . 12. Any condition included in any statement of Tb‘empi’mf?' conditions which imposes an obligation of residence absence. shall not be deemed to have been infringed by reason only of the temporary absence of a tenant who has established a permanent residence in the estate in which his holding is situated. 1Syubstituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 2Unrepealed Central Acts, Vol. IIL
586 COLONIZATION OF दल [1912 : Pb. Act 5. LANDS. chrn"dr_‘oefs_n.lg“htsroer' 13. Where in any statement of conditions issued in annual record before the commencement of this Act reference is ttoo beenetqm_ueisvalem.nt made to any register prescribed under the Govern- register issueq J1€Nt Tenants (Funjab) Act, 1893, then the record-of- under Act, III rights or the annual record shall, so far as may be, be of 1893. deemed to be such a register. Position of ten- 14. Any person who at any time before the com- सम "Odng mencement of this Act was a tenant from '[Govern- Act IIT of 1893. ment] of land to which the Government Tenants 10T of .1 (Punjab) Act, 1893, applied and for which a statement 1893, 1 of conditions was issued under that Act, shall, not- withstanding any previous agreement or anything con- v tained in the *Punjab Tenancy Act, 1887, or any other 188. of enactment now in force, be deemed to have accepted and to hold the lands of which he is a tenant in accord- ance with such statement of conditions:— Provided that unless such tenant shall, by deed ex- ecuted and registered within twelve months from the date on which this Act comes into force, declare that the succession to his tenancy shall be in accordance with the statement of conditions applicable thereto, the succession to his tenancy shall be regulated by the provision of sections 20, 21, 22 and 23 of this Act. Purchaser to be 15. A purchaser from the '[Government] of land tenant pending who has been placed in possession of the land by order मिट In full of the Collector shall be deemed to be a tenant of such ' land until the full amount of the purchase money with any interest due thereon has been paid and the other conditions set forth in the statement of the conditions of sale issued by the Collector have been fuifilled. False informa- 16. If any person who after 'the commencement tionbyatenant. of this Act has been put in possession of land in a colony as a tenant shall have given false information intending or having reason to believe that any officer of the '[Goverment] may be thereby deceived regard- ing his qualifications to become a tenant, he shall be ISubstituted for the word “Crown” by the Adaptation of Laws Order, 1950. 2See Volum‘_—_—J___——__—@e L
व 1893, 1912 ;: Pb. Act 5.] COLONIZATION OF GOVERNMENT 587 LANDS. deemed to have committed a breach of the conditions of his tenancy : Provided that this section shall not apply to persons who have been in possession cf a tenancy for more than three years or to any person who hag acquir- ed a right of ownership. 17. Subject to any orders that he may receive from the Commissioner, the Collector may allow any tenant to exchange the whole or any part of his tenancy for other land in the colony, and the land so taken in exchange shall, in the absence of any special condition to the contrary recorded in writing by the Collector, be deemed to be held on the same conditions and sub- ject to the same obligations as the surrendered land was held. Exchange. 18. None of the rights or interests vested in a tenant noRitghtotS Obfetenaat_n’f from Government of land to which this Act applies shall {30004 or sola. be attached or sold in execution of a decree or order of any court or in any insolvency proceedings. 19. Except as provided in section 17, none of the Transfers rights to be void. rights or interests vested in a tenant by or under the Government Tenantg (Punjab) Act, 1893, or this Act. shall, without the consent in writing of the Commis- sioner, or of such officer as he may by written order em- power in this behalf, be transferred or charged by any sale, exchange, gift, will, mortgage or other private contract, other than a sub-lease for not more than one year in the case of a tenant who has not acquired a right of occupancy, and seven years in the case of a tenant who has acquired a right of occupancy. Any such trans- fer or charge made without such consent in writing shall be void, and if (after the commencement of this Act) the transferee has obtained possession, he shall be ejected under the order of the Collector: Provided that the right of sub-letting conferred by this section shall not release any tenant from a condition requiring him to reside in the estate in which his tenan- ¢y is situated. '[20. Subject to the proviso to section 14, when after Succession _ acquir- otherwise than b - *—M—lsubstituted by Punjab Act 3 of 1920, section 3. sio n.n Y succes the commencement of this Act, any original tenant dies ng of to
588 “ला OF GOVERNMENT [1912 : Pb. Act 5. LANDS. | 1the succession to the tenancy shall devolve in the fol-‘ owing order upon— (a) the male lineal descendants of the tenant in the male line of descent. (The term ‘lineal descendants’ shall include an adopted son whose adoption has been ratified by a registered deed); (b) the widow of the tenant un'til she dies, or remarries, or loses her rights under the pro- visions of this Act; (c) the unmarried daughters of the tenant until they die or marry, or lose their rights under the provisions of this Act ; (d) the successor or successors nominated by the tenant by registered deed from among the following persons, that is to say, his mother, '[his predeceased son’s widow, his predeceased grandson’s widow], his married daughter, his daughter’s son, his sister, his sister’s son; and the male agnate members of his family; (e) the successor or succeésors nominated by the Collector from among the persons enumerat- ed in clause (d) of this section.]. Succession to *[21. When, after the commencement of this Act, tenants acquir- any male tenant, who is not an original tenant, dies, or e by succes- opy female tenant dies, marries or re-marries, the ' succession to the tenancy shall devolve— (a) in the case of a female, to whom the tenancy has been first allotted, on the successor nominated by the Collector from the issue of such female tenant, or from the male agnates of the person, on account of whose services the tenancy was allotted to her ; (b) in all other cases, Ol the person Or persons, who would succeed if the tenancy were agricultural land acquired by the original tenant.] । अन्त 99 When a tenant has ndminated a successor to OAchq‘eurlsshltilpon nootf his tenancy under section 20 (d) and subseque.ntly fo affect henir°mi‘ acquires a right of owmnership in the tenancy, the right ——— 1JIn'ser‘ced by Punjab Act 13 of 1941, section 2. 2Qubstituted by Punjab Act 3 of 1920, section 4.
1912 : Pb. Act 5.] COLONIZATION OF GOVERNMENT 589 LANDS. of succession of the persons so nominated shall, uniess the deed of nomination expressly provides to the contrary, be wunaffected by such acquisition or ownership. ' bt s 23. When a tenant has, under section 20 (d) of this Revocation of Act, nominated a successor, he may at any time, nomination. whether before or after acquiring ownership, revoke such nomination, but not otherwise than by registered deed. 24. When the Collector is satisfied that a tenant Power of impos- - in possession of land has committed a breach of the ing penalties for conditions of his tenancy, he may, after giving the ditieoans‘:h.es of con- tenant an opportunity to appear and state his objections— (a) impose on the tenant a penalty not exceed- ing one hundred rupees, or (b) order the resumption of the tenancy : Provided that if the breach is capable of rectifica- tion, the Collector shall not impose any penalty or order the resumption of the tenancy unless he has issued a written notice requiring the tenant to rectify the breach within a reasonable time, not being less than one month, to be stated in the notice and the tenant ‘has failed to comply with such notice 25. Where an order resuming the tenancy has Power d°f re- been passed under the last preceding section, the Collec- oy s to tor may forthwith re-enter upon the land and resume compensation in possession of it, subject to the payment of compensa- certain cases. tion, to be fixed by the Collector, for uncut and un- gathered crops and for the improvements, if any, that may have been made by the tenant : Provided that if the tenancy be allotted to any other person, the amount of compensation, if any, paid to the out-going tenant shall be recoverable by the Collector from the incoming tenant. 26. In any case where a tenant has been allotted Proviisions I"Odf a site for residential purposes in consideration of his £o =7, B0 %0 tenancy, and such tenancy has been resumed under the buildings on sites allotted for residential pur- * poses,
590 COLONIZATION OF GOVERNMENT [1912 : Pb. Act 5. LANDS. provisions of sections 24 and 25 of this Act, the Collec- tor may re-enter on and take possession of such site : __Provided that the Collector shall fix and pay to the s.ald tenant reasonable compensation for, or permit him to remove, any buildings or improvements made by him on such site. paging of certain 21. (1) Nothing in sections 24, 25 or 26 shall conditiuns. apply to— (a) 1% * *® #* *. (b) any breach of a condition regarding arbori- culture included in any statement of condi- tions other than a statement pertaining to tree-planting tenant:, *[or] ’[(e) any tenancy scheduled under the proviso to section 4, except to such extent as may be specified in the statement of conditions applicable to such tenancy.] * * %* 4 % जद * Gsovumim med‘n‘te tot" 28. All sums due to the *[Government] in respect be recoverable Of @ tenancy granted in pursuance of the Government as arrears of Tenants (Punjab) Act, 1893, or under the provisions of land revenue. . this Act or of the rules and conditions issued there- under, and all sums due on account of fines, confisca- tions, costs and penalties, shall be recoverable as if they were arrears of land revenue. P"tw"’*' to abro- 29. The °[State] Government may, at any time gate aonditions. o hotification in the Official Gazette, abrogate any of the limitations and obligations imposed upon tenants as part of the conditions of their tenure. 10mitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order of 1948 (G. G. O. 40). 2The word ‘“or” inserted by Punjab Act 6 of 1944, section 2€a) (i). 3Added by Punjab Act 6 of 1944, section 2 (a) (ii). 4Omitted by Punjab Act 6 of 1944, section 2 (b). 5Substituted for the word “Crown” by the Adaptation of Laws Order, 1950. 6Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. I तवै 1893.
प्रा. ० 15893. 1012 * कक, 2 ठै,] COLONIZATION OF GOVERNMENT 591 LANDS. CHAPTER पा. PROVISIONS RELATING TO PROPRIETORS. 30. Notwithstanding anything entered in any statement of conditions issued under the Government Tenants (Punjab) Act, 1893, a tenant who, either in pursuance of any such condition or otherwise by agree- ment with, or under rules issued by the '[State] Government, has acquired proprietary right in any land included in his tenancy shall in respect of such land cease to be subject to any statement of conditions issued under the above-mentioned Act; Provided always that he shall in respect of such land be bound by the conditions set out in Schedule II of this Act and be bound by the other provisions of this Act applica- ble to proprietors of land. ’[30-A. (7) Notwithstanding any custom and the provisions of any law to the contrary, when after the rommencement of the Colonization of Government J.ands (Punjab) (Amendment) Act, 1944, proprietary rights in any land are acquired by a female tenant, her rights of alienation of any such land shall be the same— (a) if she succeeded to the tenancy directly or indirectly from a male tenant, as if the pro- prietary rights had been acquired by the last male tenant, and she had succeeded to such rights as his heir; and (b) if the tenancy was first allotted on account of some male person, either to her, or to another female to whom she succeeded either directly or in a continuous line of female succession, as if the proprietary rights had been acquired by such male person and she had succeeded to such rights as his heir, and in cases falling under clause (a) or clause (b) in the event of such female proprietor dying while in possession of the proprietary rights in qguestion, the said rights shall devolve upon the persons who would be entitled to succeed. if such rights had been acauir- ed by the last male tenant, or the male person on whose account the tenancy was first allotted, as the case may be. ‘ . Tigubstituted for the word “Provincial® by the Adaptation of Taws Order, 1950. . 2Added by Punjab Act 6 of 1944, section 3. s o Acquisition of proprietary rights. Rights of aliena- tion in respect of. and rule of suc- cession to, cer- tain proprietary rights acquired by a female.
592 COLONIZATION OF Go.VERNMEerT (1912 : Ph. Act 5. LANDS. (2) Nothing herein contained shall be construed to alter the law of succession applicable to any female tenant, in respect of proprietary rights in land acquir- ed by her, if the tenancy in such land was acquired by or 80टाए60 to her in circumstances other than those specified in sub-section (1). ; . (3) For the”purposes of this selction the expression any such. land” shall be deemed to include any land obtained in exchange for part or all of the land in which proprietary rights have been acquired.] CHAPTER IV SUPPLEMENTARY PROVISIONS Mares, camels oz _ 31. No mare or camel or other animal maintain- mthaem;r‘{amepdrogenv ed in .accordance with any prescribed statement of wnger prescrib- conditions and no progeny, if less than eighteen ed conditions not months old, of any mare or camel so maintained, shall stooldbe attached or dbe liable to attachment or sale in execution of any ः ecree, Power of re- 32. When the Collector is satisfied that any person eniry in case of has taken or is in possession of land in a colony to tsrqe“spatmterz’m nd which he has no right or title, the Collector may, in addition to any other powers he may possess, forthwith re-enter upon the land and resume possession of it and take posession of all crops, trees and buildings thereon on behalf of the '[Government] without payment of any compensation whatsoever. , 33. If any person, without permission of a Revenue Officer of a grade to be specified by the *[State] Government— (a) clears or breaks up for cultivation, or culti- vates any land which is owned by, or is in the possession of the *[Government] and is not included in any tenancy or allotted residential enclosure or which has been set apart for the common purposes of a town or village community or section of the same or for a road, canal or water-course; or (b) erects any building on any such land; or w1—“‘%Su}:ystimted for the word “Crown” by the Adaptation of Laws Order, 1950, ) 25ubstituted for the word «“provincial” by the Adaptation of Laws (.“u‘x."ier, 4950. Penalties.
XVI ot 1887. 1912 : Pb. Act 5.] COLONIZATION OF GOVERNMENT 593 LANDS. (c) fells or otherwise destroys standing trees on such land; or (d) otherwise encroaches on any such land; or (e) makes an excavation or constructs a water channel on any such land; he shall, on complaint made by order of or under authority from the Collector, be punished on conviction [* * * *] with a fine not exceeding Rs. 200. Explanation.—The felling of trees planted by an owner or tenant on any village road or water-course traversing his holding is not an offence under this section. 34. When the Collector is satisfied that an act punishable under section 33 has been committed, he may in lieu of proceeding against the offender under that section or after conviction of the offender under that section— (i) in the case of an offence under section 33 (a), confiscate the crops growing on anv land cultivated in contravention of this Act or, if the crops have been cut, recover such sum as he may assess as the value thereof from the offender ; (i) in the case of an offence under section 33 (८); recover such sum as he may assess as the value of the trees or tree destroyed ; (i) in the case of an offence under section 33 (b), (d) or (e), cause the building or other encroachment to be demolished or removed or the excavation or channels to be filled up, and levy the costs of so doing from the person responsible for such act. 35. (1) If in any estate the majority of the tenants and owners of the estate shall apply for the levy of a cess for village purposes, the Collector may order the payment of such a cess from the proprietors, tenants and inhabitants of the village in such way and at such rates as he holds to be suitable. (2) Any cess leviable under this section का be recoverable by suit under section 7 (3) () of the Punjab Tenancy Act, 1887. The words “by any M agistrate” omitted by Punjab Act 25 of 1904 Additional powers of Collector in regard 10 offences. Power ५0 levy a cess for adminis- tration of com~ mon village ex- penses.
594 COLONIZATION OF GQVERNL[E-NT ' [1912 : Pb. Act 5. LANDS. isdictio f C. . C . . . g Tursdichon | of 36. A Civil Court shall not have jurisdiction in red as regards any matter of which the Collector is empowered by matter — arising thig Aot tq dispose, and shall not take cognizance of the under the Act. . . 1 manner in which the '[State] Government or Collec- tor or any other Revenue Officer exercises any power vested in it or in him by or under this Act. m‘Pdueblmnm1fi‘seedrvanotls 37. No suit shall lie against any public servant ’ tahc.ts Adotne under for anything done by him in good faith under this Act. 18 Cct. Legalization dof 38. _ (7) Any act hitherto done or order passed by porredvei‘gus Dasthe '[State] Government or by an officer holding the post Act, of Colonization Officer, Asssitant Colonization Officer or Settlement Commissioner, or exercising the powers of an Assistant Collector or of a Revenue Officer of I of higher class within any area to which the Govern- 1893. ment Tenants (Punjab) Act, 1893, has been applied or to which this Act may hereafter be applied, which is not contrary to the provisions of this Act. shall be deemed to have been done or passed under this Act. (2) In particular and without prejudice to the generality of the foregoing sub-section, no right of occupancy or right of ownership and no condition appli- cable thereto shall be invalidated by reason of— (1) the right having been granted before the particulars regarding it have been entered in a prescribed register; or (1) the prescribed register not having been signed by the tenant; or (वि) the prescribed statement of conditio.ns having been affixed to the prescribed regis- . ter instead of being prefixed thereto : Provided that if the register has not been signed by the tenant, the statement of conditions aoolicable to the tenancy shall be deemed to be that which was in force for tenancies of the same description at the time when the land was allotted. - 1S~ub'stituted 0 पट word “Provincial” by the Adaptation of Laws Order, 1950.
1912 : Pb. Act 5.] COLONIZATION oF GOVERNMENT 595 LANDS. - '[SCHEDULE I] SCHEDULE पा, (Referred to in Section 30.) Conditions applicable to grantees who aequire proprietary right, 1. The *[Government] does not grant to the gran- Exceptions of tee but hereby absolutely excepts and reserves to itself e 1t out of and in respect of the said lands () all grounds ete. situate in the said lands or any part thereof already marked out, excavated or otherwise utilized for the distributary channels, and(2) all existing rights to and over all mines and minerals, coals, gold-washings, earth-oil and quarries in or under the said lands or any part thereof, together with all easements heretofore enjoyed by the “[Government] in respect of the said lands or any part thereof, And it likewise excepts and reserves the right of the public to use existing thorough- fares traversing the said lands or any part thereof in- cluding a width of 1} kadams on either side of survey base line, and also any lines of road which, though not yet made, have been marked out upon the ground. 2. The grantee shall at all times permit the officers Power U Gov- of the *[Government] to enter and do all acts and & ment entry things that may be necessary and expedient for the minerals, etc. purpose of searching for, working, getting or carrying away any such mines and minerals, coals, gold-washings earth-oil and quarries, and for the full enjoyment of the ground and of the rights herein before reserved to the “[Government] to and over all mines and mi- nerals, coals, gold-washings, earth-oil, quarries and easements in or under the said lands and all parts thereof. 3. The Government agrees to pay the grantees Compensation compensation for all damage occasioned by the exer- efnotrry'damage by cise of the rights reserved to itself in clauses 1 and 2. Such compensation shall be assessed by the Collector, and if the grantee is not satisfied with the finding of the Collector, he may appeal to the Commissioner. 1Schedule I omitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, 2Substituted for the word “Crown” by the Adaptation of ILaws Order, 1950.
596 COLONIZATION OF GOVERNMENT [1912 : Pb. Act 5. LANDS. Dernarcation of 4. The grantee shall duly comply with such direc- tions as the Collector shall from time to time issue requir- ing him to construct boundary marks on limits of the said lands or any part thereof, and shall keep them when erected in good repair to the satisfaction of the |Collector., , Arbitration. 5. Inthe event of any dispute arising between the '[State] Government and the grantee as to the property and rights hereby reserved, to the *[Government], or as to any matter in any way relating thereto, or as to any of the conditions of the grant, or as to any matter or thing anywise connected therewith, the said dispute shall be referred for the opinion of the Commissioner whose decision shall be final and conclusive between the '[State] Government and the grantee. 1gubstituted for the word “Provincial” by the Adaptation of Laws Order, 1950 sg@ybstituted for the word “Crown” by the Adaptation of Laws Order, 1950