1899: Pb. Act I] RIVERAIN ROUNDARTES 18 =~?
iTHE PUNJAB RIVERAIN BOUNDARIFS
ACT.189. FS
Puwrsar Act I or 1899. Passed py the Lieutenant-G overnor of the Punjab in Council
Received the assent of the Lieuten ant-Governor on
the 17th May, 1889 and that of the Governors
General on the 19th June, 1889; and wags first
published in the Punjab Government "Gazette of the 8rd August, 1889.],
ee ee - iis
a
2 | 4 i
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Short title | Whether repealed
of otherwise
affected by legislation
———
——
Year | No,
{
|
yoo .. | 1 | The Punjab Riverain | Extended to the territorries which Boundaries Act, 1899. | immediately before the Ist
November 1956 were comprised
|
' in the State of Patiala and East Punjab States Union by Punjab
{
Act 23 of 1957"
Amended by the Punjad Reorga-
nisation (Chanigarh) (Adaptanen
|
of Laws on Stare and Cone .ffemt | Subjcets)
Order, 1964 a ee
An Act to amend the Punjab
Land Revenue Act, 1887,
and the law relating to the
ascertainment and
determination, in certain cases, of the boundaries
of riverain estates in the Punj
ab.
WHEREAS it is expedient
to make better provi-
sion for the ascertainment
and determination of the
boundaries between estates
which are subject to, oF
liable to be affected by the det ermination of claims to
lands gained by alluvion
and to prevent disputes
4s to
such boundaries and lands;
it is hereby enacted as
follows :—
1. (1) This Act) may be called the Punjab
Riverain Boundaries Act, 1899. ee 1For Statement of Objects and Reasons, see Punjab Gore ar
Pt. V-A, page 20 ; for Report of the Select Committee,
see eo , a ,
pages 1 and 4 ; for Proceedings in Council, see ibid, 169°,
G, oe es fe VI, pages 2 to 11. even, pages 1:8 See Punjab Gazette, 1899, Part IV-A, pases *" t
G tFor Statement of Objects and
Reasons, see Purjab Governmen
dzette (Extraurdinary), 1957, page 689. Preamble.
Short title, ex-
tent and
mencement,
com-
1
188 RIVERAIN POUNDARIE
S [ 1899: Ph, Act}
(2) It extends to the whole of Punjab; and
(3) It shall come into force at once. Sections ada. 2. After section 101 of the Pu njab Land Revenue 4c, Xe ed after Section ' 101 of of India Act, 1887, the following sections Act XVII of namely oe
to °
1887, Power
fix boundary pert.
ween riverain "101-A. (1) When any two or - gi are € ilmits of
estates, subject to river action and
any such estates are, by any law, custom,
decree or order applicable thereto, liable
to vary according as variations may from
time to time occur in the course or action of
such river, the '[Central Government] may,
*[* * * *], order a permanent boundary
line to be fixed between any such estates or
such portions thereof as are liable to river
action.
(2) Upon an order being made under sub- section (1), the Collector shall fix a boundary line between such estates or portions of such estates accordinggly, and shall demarcate the same, in accordance with the rules (if any) made under section 100 and the provisions of section 101.
(3) Every such boundary line shall be fixed with due regard to the history of the estates, and the interests of the persons respectively owning them or possessing rights therein, in such manner as may be just and equitable in the circumstances of each case.
(4) No such boundary line shall be deemed to have been permanently fixed until it has been approved by the Financial Commis- sioner."
ee "101-B. (1) Every boundary line fixed in ac- paneoeas nese cordance with the provisions of — section stat >: pro- ———-—
vis0. = . 1Substituted for the words "State Government" by the Punjab Re- organisation (Chandigarh) Adaptation of Laws on State and Concurrent Subjects) Order, 1968. . ;
"The words "in its discretion" were omitted by the Government 0 India (Adaptation of Indian Laws) Order, 1937. shall be added. of j4,.!!
2
Oe. 4 1899: Pb, Act I] — riveratn nounparies
189
101-A, shall, notwithstanding any law or custom, or any decree or order of any Court of Law, to the contrary, be the fixed and 'canstant boundary between the estates affected thereby, and the proprietary and all other rights in every holding, field or other portion of an estate situate on each side of the boundary line so fixed, shall, subject to the following proviso, vest in the land-owners of the estate which lies on that side of the boundary line on which such holding, field or other portion of an estate is situate :
Provided that if, by the operation of this sec- tion, the proprietary or any other rights in any land which at the time a boundary line is fixed, is under cultivation or reasonably fit for cultivation or yields any produce of substantial value, would be transferred from the land-owners and other right- holders of any one estate to the land- owners of any other estate, the Collector shall, by written order, direct that the rights in such land shall, subject to the pro- visions of section 101-C and section 101-D, not be so transferred unless and until the land, in respect of which any such order is made, ceases to be reasonably fit for culti- vation, or to yield any produce of substan- tial value, and, upon any such order be ing
made the transfer of the rights in such land shall be suspended accordingly :
Provided further that when any portion o
f the
land specified in any such order ceases t
o
be reasonably fit for cultivation or to yiel
d
any produce of substantial value, the
order
shall, when the Collector, in writing,
so
direct, cease to operate as to that portion.
(2) The decision of the Collector as to whether
for the purposes of the proviso to su b-
section (1) of this section any land is or i s:
not reasonably fit for cultivation does or
3
Application fo:
immediate trans- fer of rights re- served under the proviso to sub- section (1) of section 101-B, upon payment oi compensation and procedure thereupon.
Award of
compensation and extinguish- ment of rights thereby,
190
"101.C,
(d) inform the applicant of the RIVERAIN BOUNDARIES [1899: Pb, Act] does not yield any produce of substantia] value, shall be final."
(1) When any order has been made under the proviso to sub-section (1) of see. tion 101-B, the land-owners (or any of them) in whom, but for such order the rights in the land specified therein, would vest, may apply, in writing, to the Collector to forthwith transfer the rights, the transfer of which has been suspended by such order, upon payment of compensation for the same.
(2) When an application under sub-section (1) is made, the Collector shall—
(a) fix a day for the hearing of the applica- tion;
(b) cause notice of the application, and of the _ day fixed for the hearing thereof, to be
. served on, or proclaimed for the infor- mation of, all persons recorded as_hav- ing rights in the land. specified in the order made under the proviso to sub- section (1) of section 101-B, and all other persons interested or claiming to be interested therein:
(c) upon the day so fixed for hearing, or any day to which the hearing may be ad- journed, inquire into the rights in the land and award compensation in res- pect of all rights found established therein to the persons severally entitled thereto;
aggregate
amount of compensation so awarded and required him to deposit the amount with the Collector on or before a day to be fixed by him in that behalf :
Provided that, notwithstanding anything in the sub-section contained, it shall be lawful
4
1889: Ph, », Act I] — RIVERAIN BOUNDARIES 191 a rial fn ae in his discretion, and at ied time before an award of compensat ion
hereon has been made, to reject any appli- eation made under sub-section (1). =
3) In di (3 In award ng compensation under sub-
(5) When any o rder m
ane (2), the Collector shall be guided by
the provisions of secti on 23, and section 9
4
of the Land Acquisition Act, 1894, so far the same may be applica ble to circurn-
stances of the case. ) Upon the fifteenth da y of May, next after the whole amount o f compensation $0 awarded has been deposited with the Collector, the order ma de under the pro- viso to sub-section (J ) of section 101-B, sh all
cease tO operate and the rights specifie therein shall be trans ferred and vest in t he :
manner prescribed in sub-section (1) of
section 101-B, not withstanding anyth ing
in the proviso 'there of contained, and the
Collector shall proce ed to tender the com-
pensation to the persons severally entitled
to receive the sam e under his awa
rd.
any such person s hall refuse to acce pt the
sum sO awarded
and tendered to
. him, it i '+ in the public
shall be placed to treasury.
ade under the p roviso to
sub-section ( 1) of section 101-B, shall, under
the provisions o f sub-section (4) of this
section, cease to operate and det ermine, all
rights reserved t o any person by such order,
shal be extingui shed."
"191-D. When any person poss essing any right s
in any land, in regard to the ri ghts in which an order has b een made under the proviso
to sub-section
(1) of section 1 01-B,. volun- tarily transfers such rl
owner of the which, but for vest under the o peration 0 sub- -owners Of
Order under t he
proviso to sub section (1)
section 101-B, to
cease to apply to
rights voluntaril y
transferred
to 2
ghts to any land- jand-owner
tat
which the land is
transferred
section (1) fixin g poundary.
5
Rights traneferr- ed to be Hable to all the incidents of tenure of the estate to which the transfer {s made,
Meaning of the expression collec- tor in sections 101-A, 101.B and 101-C. *
Clause added
to sub-section tion
(2) of Section 158 of India Act, XVII of 1887, Amendment of sections 2 and 3 of Bengal Regu- No. XI of 1825?
by alluvion or by the dereliction of a river or the sea) 243 following clause shal] be added, n
i
192 RIVERAIN BOUNDARIES [1899: Ph. Act I of section 101-B, the rights so transferred shall forthwith cease to be subject to such order."
"101-E. In every case in which, by the opera- tion of section 101-B, or section 101-C, or section 101-D, proprietary or other rights in land are transferred from the land-owners and other rightholderg of any one estate to the landowners of any other estate, such rights shall be subject to all the incidents of tenure and liabilities, which, under- any law or custom for the time being in force, apply to the rights of the landowners of the estate to which such rights are go transferred."
"101-F. For | the purposes of section 101-A, 101-B, and 101-C, respectively, the expres- sion "Collector" shall be deemed to include any Revenue Officer appointed by the "[Central Government], to perform al] or any of the functions of a Co! llector under any of the provisions, thereof."
3. After clause (xviii) of Sub-section (2) of see- 158 of the Punjab Land Revenue Act, 1887, the amely :
"(xviii-a). Any question connected with or arising out of or relating to any proceedings for the determination of boundaries of
estates subject: to river action under sec-
tions 101-A, 101-B, 101-C., and 101-D, res. pectively, of Chapter VIII."
4. (1) In section 2 of the Bengal Regulation (a Regulation for declaring the rules n determining claims to lands gained 'Substituted for the words "State Government" by the Punjab Re- organisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968.
"The Bengal Alluvion and Duluvion Regulation 1825. Act XVI
of 1837,
Regula-
tions XI
of 1825,
sections
6
1899: Pb. Act 1] RIVERAIN BOUNDARIES 193 after the words "usage so established shall", the words following shall be inserted namely :—
India he "unless and until a boundary is fixed under the eT. provisions of section 101-A, of the Punjab munjab Land Revenue Act, 1887, as amended by the Act 1 of Punjab Riverain Boundaries Act, 1899."
1 .
(2) In section 3 of the same Regulation, after the word "where" the words following shall be insert ed,
namely :—
India, rt "no boundary has been
fixed under the provi-
"687: sions of section 101-A of the Punjab Land
Revenue Act, 1887, as amende d by the
punjab Punjab Riverain Boundaries Act, 1699, Aci 1 of
1899.
and."
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