1900 : Pb. Act 11
THE PUNJAB LAND PRES
LAND PRESERVATION 195
ERVATION ACT, 1900.
CONTENTS
SECTIONS
PRELIMINARY
agad mm T wl
1. Short title and commencement.
GENERAL DEFINITIONS
2. Definitions.
NOTIFICATION AND REGULATIONS OF AREAS
3. Notification of areas.
. 4. Powers to regulate, restrict or prohibit, by general or
special order, within notified areas, certain matters
.
5. Powers in certain cases, to regulate, restr ict or prohibit,
by special order, within notified areas, certain further
matters.
5.4. Powers to require execution of w orks and taking of
measures.
6. Necessity for regulation, restrictio n or prohibition to be
recited in the order under section s 4, 5 or 5-A, Pub-
lication of order.
7. Proclamation of regulations, restrictions and prohibi- tions and admission of claims f or compensation for
rights which are restricted or proh ibited.
7.4 Power to fix time within whic h work to be executed,
ete.
CONTROL OVER THE BEDS
OF CHOS
4. Action when Central Government considers it desirable
10 take measures to regulate the beds of chos. Vest-
ing of such beds in the Government.
9. FEffect of notification to suspen d or extipgulsh private
rights in the area notified under s ection 8.
10. Power of Deputy Commissioner 10 delimit the bed and
to decide what constitutes such bed. Power to take
possession of bed when vested in the Government.
1
196 LAND PRESERVATION (1900 : Pb. Act I1 SEecTIONS.
11, B;a(x)- of compensation for acts done under sections 8, ¢ or
12. Repealed.
POWER 1O ENTER UPON AND DELIMIT NOTIFIED AREA AND BEDS.
13. Power to enter upon, survey and demarcate local areas notified under section 3 or section 8.
INQUIRY INTO CLAIMS AND AWARD OF COMPENSATION
14, Inquiries into claims and awards thereupon.
15. Method of awarding compensation and effect of such award.
PROCEDURE, RECORDS AND APPEAL
16. Record-of-rights in respect of notified areas.
17. Mode of proclaiming notifications and of serving notices, orders and processes, issued under the Act.
18. Appeal, review and revision.
PENALTIES, BAR OF SUITS AND RULES
19. Penalty for offences.
20. Application of provisions of Act VII of 1878.
21. Bar of suits.
22. Power to make rules.
2
1900 : Ph. Act II] LAND PRESERVATION 197 'THE PUNJAB LAND PRESERVATION ACT, 1900. Pungas Act II or 1900.
[28th August, 1900, 10th October, 1900.] R 2 i J
] 4
|
i
|
No. ! Short title Whether repealed or otherwice affected i by legislation
\
[
l | | | 1900 .. | 11 | The Punjab Amend ed, Punjab Acts, IV of 1905, g | Land Pre- and VIII* of 1926 of:1905,* VIX
! servation ] Amended, Government of India ( Adaptation
| Act, 1900 of Indian Laws)
Order, 1937.
i Amen
ded by Punjab Act XI of 194
2°
| ! 'Amended b
y Punjab Act 1V of 1944*
! Amende
d by the Indian Independence
| i (Adapt
ation of Bengal and Punjab Act
s)
' Ord
er, 1948 (G.G.O. 40)
| | Amended by the P
unjab Act, VI of 1950
| I 'Amended by
the Adaptation of Laws
i 1 Order, 19
50
| , Amended by the Adaptation of Laws i (Third Amendmen
t) Order, 1951 Amended by Punjab Act T of 1951 °
'Amended by Punjab Act 18 o f 19582,
'Amendcd by the Punjab Reorga nisation
(Chandigarh) Adapraiion of Laws on State
and ConcurTrent Subjecis) Qrder,
1958.
[
i | | | | 1For Statement of Objects a nd Reasons, se;—Punjab Gaze tte, 1899,
Part V-A, page 13; for repo rt of the Select Committee, see ibid, 1900,
Part V, page 1, and for Proc eedings in Council, see ibid, 1899, Part VI,
page 14 and ibid, 1900, Pur t VI page 12.
g
*For Statement of Objects and Reasons, see Punjab Gazette, 1905,
Part V, page 137 and for Pro ceedings in Council, see ibid, 1905, Part V,
pages 141 and 147.
see Punjab Gazette, 1926
,
*For Statement of Objec ts and Reasons,
e
Part V, page 8; for R eport of the Select Co mmittee, see ibid, 192
6,
112--14, and for Procee dings in Council, see Punjab
Part V, pages
Legislative Council Debates, Vol. IX-A, pages 188—90, and Vol. 1X-B,
pages 1174—77. It came into force on 16th August,
1926.
1For Statement of Objects and Reasons, see Punjab Gazette, 1926,
Part 1, page 544, and for Proceedings in Council, see Punjab Legisla- tive Council Debates, Vol IX-B, page 1178, It came into force on 16th
August, 1926.
sFor Statement of Objects
and Reasons, sce Punjab
Gazette, 1942,
Extraordinary, page 255
for Proceedings in Assembly, see Punja
Legislative Assembly Dcbates, Vol. XX, page 243.
cFor Statement of Objects
and Reasons, see Punjab
Gazette, 1943,
Extraordinary, pages 45-46 and for proceedings, in Assembly, see Punjab
Legislative Assembly Debates, Volume XXII, pages 829—835. TFor Statement of Objects
and Reasons, see Punjab
Govt. Gazette,
1950, Extraordinary, page 159 and for proceedings in Assembly, see
Punjub Legisktive Assembly Debates, 1050, Volume I, page
20 (38).
'For Statement of Objects and Reasons, see Punjab Govt. Gazette,
1951, Extriordinary, page 100 znd for proceedings in Assembly, see
Punjab Leuislative 'Assembly Debates, 1951, Volune III, pages
(5) 46
to (5) 7L ¥For Statement of Objects and Recsons, see Punjab Govt. Gazette, 1958, Extraordinary, page 546K and for Proceedings in Assembly, see Punjao Legislative 'Assembly Debates,
1958
198 LAND PRESERVATION (1900 : Ph. Act 11 An Act to provide for the better preservation and pro- tection of certain portions of the tfrrifories of '[Punjab] * * * *
It is hereby enacted as follows: —
PreriMiNary
Bhort title nnd 1. (1) This Act may be called the Punjab Land Pre. commencement, Definitions.
servation ¢ v e Act, 1900, and
*[2) 1t shall extend to the whole of the State of Tunjab.] '[(3) 1t shall come into force at once. |
2. In this Act unless a different intention appears form the subject or context,— (@) the expression "land" means land within any [* *] area preserved and protected or ofher- wise dealt with in manner in this Act provided, and includes benefits to arise out of land and things attached to the ecarth or permanently fastened to anything attached to the earth; ISubstituted for the words "East Punjab" (which had been inser- ted for the word "Punjab" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, by the Adaptation of Laws (Third Amendment), Order, 1951, *The words "Situate within or adjacent to the Siwelik mountain range" omitted by Punjab Act X1 of 1942 section 2, "The preamble was omitted by Punjub Act X] of 142 section 3. 'The breckets and word "ehos)" omitted by Punjab Act IV or 1044, section 2(a). bSub-section (2) inserted by Punjub Act X[ of 1942, section 4(a) It was subs'ituted by Punjub Act 1V 0 1944, s ctior 2(b . The sube section as thus substituted was substitut:1 a7ajn by the present sub-section by Punjab Act I of 1951, scetion 2 Extendei to the territories which, immediately, before the Ist Novembor, 1954, were comprised in the State of Patlal, and East Punjab States Union by Punjub Act No. 18 of 1958 UThe old sub-section (2) was renumbered as sub-section (3) by Punjab Act XI of 1942, section 4(a). This Act come into force in the territories which, immediately before the 1.t November, lf)ar;, were comprised in he State of Patiala and E:st Punjub States Union oo 5 v, 1958,
. tl.ze #&g; h\fg'd "local" omitted by Punjab Act IV of 1844, section 3y
4
xVI
1927,
1900 : Ph. Act IT] LAND PRESERVATION = - 199
(b) the expression "cho" means a stream or torrent flowing through or from the Siwalik mountain range within *[Union Territory of Chandi- garh].
(¢) the expressions "tree", "timber", "forest-pro- duce" and "cattle", respectively, shall have the meanings severally assigned thereto in section 2 of the Indian Forest Act, ?[1927];
(d) the expression "person interested" includes all persons claiming any interest in compensation to be made on account of any measures taken under this Act, T* *I;
(e) the expression "Deputy Commissioner" in- cludes any officer or officers at any time special- ly appointed by the '[Central Government] to perform the functions of a Deputy Commis- sioner under this Act;
*[(4) the expression "rightholder" includes—
(i) persons not being tenants or mortgagees hav- ing rights to or in land; and . -
(ii) persons having rights of collections of forest produce or of grazing or pasture; and
(o) the expression "erosion" includes the removal ordisplacement of earth, soil, stones or other materials by the action of wind or water.]
NOTIFICATION AND REGULATIONS OF AREAS
(3. Whenever it appears to the '[Central Govern-i"r% gcmon
raent] that it is desirable to provide for the conservati on
of sub-soil water or the prevention of erosion in any area cubject to erosion or likely to bhecome liable to erosion, sich Government may by notification make a direction ac- cordingly.]
1Substituted for the word, "Punjab" by the Pun jab Reorganisation
(!)Cénandip;.rh) (Adaptetion of Laws on State and Concurr ent Subjects)
rder, 1967 i S m
e e 3t
28ubstituted "or the figures "1878" by Punjab Act 1V of 1 944; sec-
'ot '3(b). See the Indian Forest Act. 1927 (XVI of 1927), section 2.
"The vord "ond" omitted by Punjab Act IV of 1944, sect ion 3(c).
sSubstituted for the words "State Government™ by- the Pun jab
Reorganication (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968. > A
sAdded by Punjab Act IV of 1944, section 3(d).
"Substituted for the old section by Punjab Act XI of 1942, section 5. of
5
200 LAND PRESERVATION [1900 : Pb. Act T Power :l; t'eg"' 4. In respect of areas notified under section 3 or e m gemegenerally or the whole or any part of any such area, the eral of special '[Central Government] may by general or 59901}5:1 order order, within iy * % 2 % = i rohibit— notified areas, tOMPOrarily regulate, restrict or p certain matters.
(a) the cleaning or breaking up or cultivating of land not ordinarily under cultivation prior to the publication of the notification under sec- tion 3 ;
(b) the quarrying of stone or the burning of lime at places where such stone or lime had not ordi- narily been so quarried or burnt prior to the publication of the notification under section 3;
(c) the cutting of trees or timber, or the collection or removal or subjection to any manufacturing process, otherwise than as described in clause
(b) of this sub-section, of any forest-produce other than grass, save for bona fide domestic or agricultural purposes ®[or right-holder in such area];
(d) the setting on fire of trees, timber or forest pro- duce;
(e) the admission, herding, pasturing or retention of sheep *[goats or camels];
(f) the examination of forest-produce passing out of any such area; and
(g) 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 therefrom or to pasture sheep *[goats or camels] or to cultivate or erect buildings there- in and the production and return of such per- mits by such persons.
ISubstituted for the words "State Government" bv the Puniab Reorganisztion (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968.
2The words "or permanently" were omitted by Punjab Act VIT of 1926, section 2. . .
3Added by Punjab Act IV of 1944, section 4(a) . ¢Substituted for the words "or goats" by Punjab Act IV of 1944, section 4(b). " 1044
tSubstituted for the word "or geats" by Punjab Act TV of . gection 4(c).
6
1900 : Ph. Act IT] LAND PRESERVATION 201 aJ15. In resvect of any specified village or villages, or POWE, - I woes
p or pa.rts thereof, comprised within the limits of any:g:;?nmfimer'é smtc"t
area nolified under section 3, the '[Central Government] of prohibit, by
special order,
may, b}" special order, temporarily * ? * regulate, restrict yinin notified
or prohibit— a
reas, certain
further matters,
(a) the cultivating of any land ordinarily under cultivation prior to the publication of the noti- fication under section 3;
(b) the quarrying of any stone or the burning of any lime at places where such stone or lime had ordinarily been so quarried or burnt prior to the publication of the notification under sec- tion 3 ; i
(c) the cuttin or remova
irg process, otherwise
(b) of this sub-section, t[{or any purposes]; and
(d) the admission, herding, of cattle generally other th camels], or of any class or cattle.
g of trees or timber or the collectio n
1 or subjections to any manufactur- than as described in
of any forest-produce
pasturing or retention
an sheep *[goats and
descriptions of such
*5.A. In respect of areas notif ied under section 3 Foer 0 requ in
generally or the whole or any part of any such area, the works and tak-
[Central Government] may,
by general or special order, "
8 of measures.
direct—
(a) the levelling. terracing, d rainage and embank-
ing of fields;
(b) the construction o ravines;
(c) the provision of drains fo r storm
{ earth-works in fields and water; bv the Puniab «gtate Government"
State and Con- tion of Laws on Punjab Act VII of
1Suhstituted for the word s
Reorganiscation (Chandigarh ) (Adapta
current Subjects) Order, 1968. 2The words "or permanently 1628, eection 3.
. .
2GQubstituted for the words
"for bona fide domesti c or agriculture purposes" by Punjab Act IV of
1905.
4Substituted for the words
"and goats" by Punjab Act IV of 1044,
section-4(c).
tInserted by Punjab Act IV of 1944, section 5.
» were: omitted by
7
202 LAND PRESERVATION (1900 : Ph. Act 11
(d) the protection of land against the action of wind or water:
(e) the training of streams; and
(f) the exccution of such other works and the carry- ing out of such other measures as may, in the opinion of the '[Central Government], be neces- sary for carrying out the purposes of this Act] gecu;sséty for 6. Every order may under '[sections 4, 5, or 5-Al gulation, T chall be published in the *[Official Guzette] and shall set triction, or pro« . hibition - to be forth that the '[Central Government] is satisfied, after due reclted oy o2 inquiry, that regulations, restrictions, '"[prohibitions or tions 4, 5 or 5-A, divections] contained in the order are necessary for the Publication of pyrpose of giving effect to the provisions of this Act. order,
Proclamation of 7. (1) When, in respect of any °[* *] area,
a notifi-
regulations, res-cation has been published under section 3, and— P, e niro- fi csi:%;s ::3 r;:;- (a) upon such publication any general order, made b R under section 4 °lor scction 5-Al becomes ap-
pensation for plicable to such area; or
gg?it;'émod;;: (b) any special order under "[sections 4, 5 or 3-Al, hibitea. : is made in respect of such area,
the Deputy Commissioner shall 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 #[prohibit the
syercise of | 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 *[exercise of any such rights is so res-
tricted or prohibited] a proclamation stating the regula-
"iom, restrictions and prohibitions which have been im- nosed, by any such order, within the limits of such area or 15ubstituted for the words "State Covernment" by the Punj ab
Reorganisation (Chandigarh) (Adaptation of Laws on Sta te and Con-
current Subjects) Order, 1968,
2Substituted for "section 4 or section 5" by Punjab Act 1V of
1944,
section 7(a). »
sSubstituted for the word "Gazette" by the Government of India
(Adantation of Indian Laws) Order, 1937. 4Substituted for the words "or prohibitions" by Punjab Act IV of
1944, section T(b).
-
5The word "Local" was omitted by Punjab Act TV of 1944, section
8(A). .
S eInseried by Punjab Act TV of 1944, section 8(b). ied by ] Act 1V of 1946
7Substituted for "section 4 or section 5" by Punj ab
cection 8(0).
.
*'SuI'Js'.Ituted for the word "extinguish"
by Punjab Act VII of 1926,
tion 4. -
B uted for the words "any such rights or so restricted or ex
oSubs!it ;
tinguished" by Punjab Act 7 of 19 26, section 4.
8
1900 : Ph. Act TI| LAND PRESERVATION 203 ¥ R
in any part or parts thereof, fixing a period of not less than {hree months from the date of such proclamation, and re- quiring every person claiming any compensation in respect of any right so restricted or prohibited, within such period
cither to present to such officer a written notice specifying, or to appear before him and state, the nature and extent of
such right and the amount and particulars of the compen- sation (if any) claimed in respect
thereof.
(2) Any claim not preferred within the time fized in
the proclamation made under sub-section (1 ), shall be re-
jected:
ed that, with the previous sanction of the Com-
mmissioner may admit any such de within such period.
Provid
missioner, the Deputy Co
claim as if it had been ma
[7-A. (1) When an order has issued under section
5.4, the Deputy Commissioner may by notice require the
and to execute such works or owner or occupier of the 1 take such measures as may be specified in the notice.
(2) Every such notice shall state the time w ithin
which the works are to be executed or measures are to be
taken.
(3) A person aggrieved by an order contained in su ch
4 notice as aforesaid may, within thirty days fro m the ser-
vice or such notice or within such longer perio d as the
Leputy Commissioner may allow in this behalf, s erve a
notice of his objcetions on the Deputy Commissione r in
this Act.
(4) I and in so far as an objection unde r this - sec-
tion is based on the ground of some informal ity, defect or
error in or in connection with the notice, the Deputy Coni-
missioner shall dismiss the objection, if he is satisfied that
the informality. defect or error was not a material one.
'Inserted by Punjab Act IV of 1944, section 9
9
204 LAND PRESERVATION (1900 : Ph. Aet N
(5) 1f the objection is brought on all or any of the following grounds, that is to say-—
() that the notice might lawfully have he«tn sery. ed on the occupier of the land in question in. stead of on the owner, or on the owner instead of on the o(»(vnpinr. and that it would have been equitable for it to have been so served;
(b) that some other person, being the owner, oc- cupancy tenant, mortgagee with possession, op lessee, or farm holder, or possessing some other right in or over the land to be benefited, ougnt to contribute towards the expenses of execut. ing any works or taking any measures requir- ed;
(¢) where the work or measure is work or measure for the common benefit of the land in uestion and other land, that some other person baing the owner or occupier of land to he benefited, ought to contribute towards the expenses of executing any works or taking any measures required;
the objector shall serve a copy of his notice of objeetion on each other person referred to, and on the hearing of the objection the Deputy Commissioner may make such order as he 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 ia which any expenses which may become recoverable by the Depaty Commissioner under sub-section (6) are to he horne by the objector and such other person:
Provided that no such order shall be made unless the Ferson who is Tikely 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—
(a) as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works and measures required; and
10
1900 : Ph. Act 11| LAND PRESERVATION 205
(b) in any case, to the degree of ben efit to be deriv-
ed by the different persons concerned.
(6) Notwithstanding anything to the contrary in any
law for the time being in force, no person require d by a
notice or an order under this section to execute any work or to take any measure shall be required to obtain the con-
sent of any other person before complying with such notice or order.
(7) Subject to such right of objection as a foresaid
and the right of appeal under section 18, if the per son re-
Juired by the notice to execute works or to take measur es
Z4i)s to execute the works or to take the measur es indicat-
ed within the time thereby limited, the Deputy Commis-
sioner may himself or by an agent execute the wor ks or
{uke the measures and recover from that person the e x-
penses reasonably incurred by him in so doing :
(1) Provided that it shall not be necessary for the Deputy Commissioner to wait for the decision of any ob- jection other than an objection under clause (a) of sub:
soction (5), or an appeal against any decision on such ob- iection, before taking action under this sub-section; 1 * * * *
(8) If the cost of any work executed or any measure taken by any person remains unpaid by the person from whom it is due after the date specified in a notice issued in this behalf by the Deputy Comimissioner or such other date as is fixed by him, such cost shall be recoverable as an arrear of land revenue and a certificate issued by tne Deputy Commissioner in this behalf shall be final and con- clusive evidence of the sum so recoverable and the person liable for the same.
§9) Every order issued under this section shall he 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. 'Proviso (2) omitted by Punjab Act I of 1951, section 3.l
11
206 LAND PRESERVATION [1900 : Pbh. Act 11
(10) 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 vnder this section:
Provided that no final order on any suqh objection shall be passed except by the Deputy Commissioner him- self.
(11) In making an order on objections brought under this section, the Deputy Commissioner shall be guided by such rules, if any, as the '[Central Government] may make 1n 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.]
CONTROL OVER THE BEDS OF CHOS.
Action when 8. (1) Whenever it appears to the *[Central Govern- Central Govern-ment] that it is desirable that measures should be taken in ment considers it desirable to take the bed of any cho for the purpose of—
measures to re-
late th . s e e, (a) regulating the flow of water within, and pre- of such beds in venting the widening or extension of, such bed,
Central Govern-
ment. or of
(b) reclaiming or protecting any land situate with- in the limits of such bed;
such Government, may, either proceed at once in manner in sub-section (2) provided, or, in the first instance, by notification specifying the nature and extent of the mea- sures to be taken and the locality in and the time within which such measure are to be so taken, require all per- sons possessing proprietary or occupancy rights in land situate in such locality to themselves carry out the mea- sures specified in such notification accordingly. i h ds "State Government" by the Punjab 1Substituted for t e wor : l};te A bl Reorganisation (Chandigarh) (Adaptation of Laws
on
current Subjects) Order, 1968.
12
1900 : Pb. Act II] LAND PRESERVATION 207
(2) If the whole or any part of the bed of any ch o
be unclaimed, or, if, in the opinion of the '[Central Gov- ernment] the measures deemed necessary under su b-
section (1) are of such a character, in regard to extent and
cost, that the interference of the '[Central G overnment]
is absolutely necessary, or in the event of the owner or oc-
cupier of any portion of the bed of any cho failin g to com-
ply with the requirements of any notification issued under
suh-section (1), such Government may, by notificatio n,
declare that the whole or any part of the a rea comprised
within the limits of the bed of any cho *[shall vest in the
i[Central Governmentl] * *** * for such per iod and sub-
ject to such conditions (if any) as may be specified in the
notification:
Provided that no such declaration shall be m ade in
respect of, or shall affect, any land included within the
limits of the bed of any such cho, which, at the da te of the
publication of the notification making such decl aration,
is cultivated or culturable, or yields any produce of sub- stantial value.
(3) When the owners or occupiers of such locality cre unable to agree among themselves regarding the carry- ing out of such measures, the decision of those paying the larger amount of land-revenue shall be held to be binding on all.
(4) The '[Central Government] may, from time to
" time, by like notification, extend the period during which any such area shall remain vested in '[the '[Central Gov- ernment]].
9. Upon the making of any declaration under sub- Effect of noti- section (2) of section 8, all private rights of whatever kind gjfifl'":".m aatin. existing in or relating to any land comprised within the guish — puvate rights in the
- - - area
notified
!Substituted for the word "State Government" by the Punjab under . gection 8. Reorganisation (Chandigarh) (Adaptation of Laws on State and Con- current Subjects), Order, 1968,
Pr *Substituted for the words "His Mejesty for the purposes of the rovince" by the Adaptation of Laws (Third Amendment) Order, 1951. SThe words "either absolutely and in perpetuity or" were amitted by Punjab Act VIIT of 1926, section 2
4Substituted for the words "His Majesty" by the Adaptation of Laws (Third Amendment) Order, 1951,
13
208 LAND PRESERVATION [1900 : Pb. Act 11 avea specified in the notification containing such'declara- tion at the time of the publication thereof, shall "[be sus. pended for the period specified in the declaration and for
such further period (if any) to which such period may at any time be extended]:
Provided that, as far as circumstances admit, such
rights of way and water shall be reserved, in respect of
cvery such area, as may be necessary to meet the reason-
able requirements and convenience of the persons (if any)
who, at the time of the making of such declaration, posses-
sed any such rights over such area.
ower of De- 10, (1) The Deputy Commissioner shall, for the pur- ty C : puty L » 1D
gil;rfer to 3211?;7{ puses of every notification issued under su})—sectlo_n (_2) of g':i d'"d' ,:"d to section 8, fix the limits of the area comprised within the
stitutes s bea bed of the cho to which such notification is to apply.
Power to taxe
Passesslon of bed (2) Upon the publication of a notification containing 'h vested i N . : . ;'hem::e'ftf: Gon any declaration under sub-section (2) of section 8, it shall ernment, be lawful for the Deputy Commissioner to—
- (a) take possession of the area specified in such de-
claration; - :
(b) eject all persons therefrom; and - (c¢) deal with such area, while it remains vested in ®[the *[Central Government], as if it were.the \ absolute property of *[the *[Central Govern- /' o ment]].
Bar of compen- 11. No person shall be entitled to any compensation sation for acts . . . . . . Zone unger sec_for anything at any time done, in good faith, in exercise of tions 8, 9 or 10.a1V Power conferred hy section 8, section 9 or section 10.
12. [Condition as to sale of land acquired under the Act and obligation of Local Government to keep account of moneys expended on such land.]—Repealed by Act VIII of 1926, s. 4.
ISubstituted for the old clauses (a) and (b) by Punjab Act VIIT of 1926, section 3. )
2Substituted for the word "Ilis Majestry" by the Adaptation of Laws (Third Amendment) Order, 1951. . : )
#Substituted for the words "State Govermment" by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on Concurrent an State subjects) Order, 1968,
14
1900 : Pb. Act II|] LAND PRESERVATION 209
POWER TO ENTER UPON AND DELIMIT NOTIFIED AREAS
AND BEDS.
13. It shall be lawful for the Deputy Commissioner PD"'"'ltfl snte
" . su y and for his subordinate officers, servants, care-takers and ghorente local workmen, from time to time, as occasion may require,-—arcas notified under section 3 5 or section 8,
(a) to enter upon and survey any land comprised within any '* * * * area in regard to which any notification has been issued under section 3 or scetion 8 *[or in regard to which a notifi- cation is proposed to be issued under section 5-Al;
(b) to erect bench-marks on and to delimit and de- marcate the boundaries of any such '* * * * area; and
(¢) to do all other acts and things which 'may be necessary in order adequately to preserve or protect any larnd or to give effect to all or any of the provisions of this Act:
Provided that reasonable compensation, to be asses- sed and determined in the manner in this Act provided,
INQUIRY INTO CLATMS AND AWARD OF COMPENSATION.
14. (1) The Deputy Commissioner shall— Inquirles Into
. claims and awards there-
(a) fix a date for ingniring into all claims: made upon. under section 7 * * * and may in his discretion. from time to time. adjourn the inquiry to a date to be fixed by him;
, )"I'he word "loce]" omitted by Punjab Act TV of 1044, section 10
V), N
N
'Inserted by Punjab Act IV of 1944, section 10(h). .
"The words "or ection 12" were omitted by Punjab Act VIII of 196,
15
210 LAND PRESERVATION [1900 : Ph, A i
(b) record in writing all statements made undep section 7 ;
(¢) inquire into all claims duly preferred undep section 7 * ' * ; and i
(d) make and award upon each such claim, set.tjn out therein the nature and extent of the righ¢ claimed, the person or persons 'making syc), claim, the extent (if any) to which, and the Person, or persons in whose favour, the right claimed is established, the extent to which jt is to be restricted gr *[prohibited] ang the nature and amount of the compensation (if any awarded ).
(2) For the purposes of every such inquiry the Deputy Commissioner may exercise all or any of the powers of Civil Court in the tria] of suits under the *Code of Civil xrv ,, Frocedure., who accept it. To such so are not Present, the Deputy Commissioner shall cause immediate notice of his award toc be given.
;';";gfllgfi 'fs';;:i 15. (1) In determining the amount of compensatjon, and effect of syep, the Deputy Commissioner shall be guided, so far as may award,
be dealt with under those provisions, by what is just and rcasonable in the circumstances of each case. (2) The Deputy Commissioner may, with the sane- tion of the *[Centra] Government] and the consent of the person entitled, instead of money award compensation in Iand or by reduction in revenue or in any other form. (3) If, in any case, the exetcise of any right is pro- hibited for a time only, compensation shall be awarded !The words "or section 12" were omitted by Punjab Act VIII of 1926, section 5. . "Substituted for the word "extinguished" by Act VIII of 1926,
S(d'sfsf:zes'nuw the Code of Civil Procedure, 1908, Act v of 1908). *Substituted for the words "State Government" by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968,
1392
1900 : Pb. Act 11| LAND PRESERVATION 211 only in respect of the period during which the exercise of such right is so prohibited.
1(4) * - * * ®,
PROCEDURE, RECORDS AND APPEAL.
16. (1) For every area, notified under section 3 or Record f vights section 8, the Deputy Commissioner shall prepare a record fiea g setting forth the nature, description, local situation and ex- tent of all 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;
(b) regulated, restricted, * * * or *[prohibited] by any order under section 4 or section 5.
(2) When any award is made under section 14, 1its effect upon any right shall also be recorded therein.
17. (1) Upon the publication of a notification issued ;'f:fifim;' actif- under any of the provisions of this Act, the Deputy Com- cations and of missioner shall cause public notice of the substance there- g a_\'t'l";c::; «f 1o be given at convenient places in the locality to which cesses, issued sach notification relates. under the Act.
. (2) The procedure prescribed in sections 20, 21 and ]g;" 22 of the Punjab Land-Revenue Act, 1887, shall be fol-
" Jowed, as far as may be, in proceedings under this Act.
18. Every order passed and every award made Ly a Appeal, review Deputy Commissioner under this Act, shall, for the pur- and revision, poses of appeal, review and revision, respectively, be deemed to be the order of a Collector within the meaning xvir of of sections 13, 14, 15 and 16 of the Punjab Land Revenue 1887 Act, 1887:
Provided that nothing in this Act contained shall be deemed to exclude the jurisdiction of any Civil Court to decide any dispute arising between the persons interested
"Repe&led by Punjab Act VIII of 1026, section 6. VJThg word "suspended" was omitted by Punjab Act VIIT of 1026, section 7.
3Substituted for the word "extinguished" by Punjab Act VIII of 1926, section 7.
17
212 LAND PRESERVATIO
N [1900 : P'b. Act ) i tionment, o in any compensation awarded as to gx(;:n;l%l:'fl; ny of thes. aistribution thereof amongst such pe .
PENALTIES, BAR OF SUITS AND RULES
¢ y ho, within the limits o.[ any o oy AR );uiefggfieg under section 3, Comn;]l.t;_ any breach of any regulation made, "Irestriction ordpro '1 ;tmn imposed, order passed or requisition made under sec 1}(lmn 4, 5, 5-A or 7-Al, *[or obstructs or resists in any way w] at- ever the execution of acts or things done under secqon 13], shall be punished with imprisonment fO.r a term which may extend to one month, or with a fine which may extend to ene hundred rupees, or with both.
Application of 20. '[The provisions of sections 52, 54, 55, 56, 57, 58, Tndian " 'I'-'rorg;: 59, 60, 61, 62, 64 (excluding the last sentence), 66, 67, 65 Aet, 1027, and 73 of the Indian Forest Act 1927], shall, so far as ' applicable, be read as part of this Act, apd for the purposes
of those provisions, every offence punishable under sec-
tion 19 shall be deemed to be a "forest offence", and every
officer employed in the management of any area notified
under section 3 or section 8, as care-taker or otherwise,
shall be deemed to be a forest officer.
Bar of suits. 21. No suit shall lie against the *[Government| for . anything done under this Act, and no suit shall lie against any public servant, for anything done, or purporting to have been done, by him, in good faith, under this Act. Power to make 22. (1) The "[Central Government| may make rules, - consistent with this Act,—
(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 publish- ed in the "Official Gazette.
"The word "Local" omitted by Punjab Act'IV of 1944, section 11 (a). "Supstituted for the words '"or restriction or prohibition imposed under section 4 or section §" by Punjab Act 1V of 1944, section 11(b). "Inserted by Punjab Act VII, 1950, section 2. 'Substituted for "The provisions of sections 52, 53, 54, 55, 56, 57, 58, 59, 60. 61, 63 (excluding the last sentence), 64, 65, 66; 67 and 72 of the Indian Forests Act, 1878," by Punjab Act IV of 1944, section 12. "Substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
. "Substituted for the words "State Government" by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Con- current Subjects), Order, 1968.
"Substituted for the word "Gazette" by the Government of India (Adaptation of Indian Laws), Order, 1937. Penalty for
offences,
18