LDINGS (co PREVENTION OF F RAGMENTATION ATION AND Arrangement of Sections,
Sections.
CHAPTER I—Preliminary
1. Short title, extent and commencement.
2. Interpretation. CHAPTER 1I—Determination of Standard Areas and Treatment of Fragments Determination of Notified Area.
Settlement of Standard.
Determination and Settlement of Standard Areas.
Transfer and lease of fragments.
3
4
5
6. Entry in the Record of Rights.
7
8. Fragmentation prohibited.
9 Penalty for transfer or partition contrary to provisions of Act.
10. Valuation of fragment.
11. Transfer of fragment.
12. Partition of estate assessed to payment of revenue to Govern- ment or share thereof.
13. Central Government or local authority not to acquire land so | as to leave fragment.
CHAPTER I1l—Consolidation of Holdings
! i lication
declare rnment may of ts own accord or on app
4 or 'intention 'or mike scheme for consoli
dation of holdings.
15. Scheme to provide compensation. ution of land held under occupanc y
16. Scheme to provide for distrib seant and landlord. tenure between occupancy t
; 'ton
joint
16-A. Power to make prov
ision in the scheme to parti
tion Jol
" Jands and joint occupanc y tenancies.
ithi consoli-
17. Amalgamation of p ublic roads, etc., with n Scheme for
* "gation of holdings.
18. Land reserved f or common purposes. »
1
L] HOLDINGS (CONSOLIDATi oy ;
PREVENTION OF FRAGMENTAT 330 1948:
East Pb. Act
Sections
19. Publication of draft scheme.
20. Confirmation of Scheme
.
21. Repartition.
22. Preparation of record of rights.
23. Rights to possession of new holdings. 23-A, Management and control of lands for common purposes ty vest in Panchayats or Central Government.
24. Coming into force of scheme.
25. Rights of landowners and tenants after consolidation same as_ before.
25-A. Effect of consolidation of holdings on evacuce property,
26. Encumbrances of landowners and tenants.
27. Transfer of rights of landowners in holdings and of tenants in tenancies.
27-A. Decrees for possession of land to be executed against land allotted on repartition.
28. Cost of consolidation proceedings.
29. Recovery of compensation or costs or other sums payable under this Act. '
30. Transfer of property during consolidation proceedings. f
30-A. Prohibition of cutting trees and erecting buildings, etc., during consolidation proceedings.
31. Transfer not affected by Punjab Alienation of Land Act, 1900.
32. Suspension of partitio Nn proceedings during currency of consol dation proceedings, 8 8 y
33. No instrument necessary to effect transfer.
34,
35.
Apportionment of compensation or net value in case of dispu!- Application of Chapter IT to consolidated holdings.
36. Power to vary or revoke scheme. CHAPTER IV—Other Powers of Consolidation Officers
37. Power of offi d demarcation. 'o enter upon land for purposesof survey 3"
2
Hol pre
38.
39.
40.
Al.
42.
43.
DINGS (CONSOLIDATION AND
yvaNTION OF FRAGMENTATION) [1948 :Fast Pp, Act £331 Penalty for destruction, inj survey marks
Report of destruction or removal or injury to survey mark,
Power of Consolidation Officer
lidation) to summon persons or Settlement Officer (Conso- CHAPTER V—General
Appointment of officers and staff and delegation of powers Power of Central Government to call for proceedings, - Appeal and Revision.
43-A. Correction of clerical errors.
44,
45.
46.
47.
Jurisdiction of Civil Court barred as regards iat
:
matt under this Act. § atters arising Public servants indemnified for acts done under this Act. Rules.
Repeal.
The Schedule.
3
y 1948 East : Pb. Act LL] Horpings (CONSOLIDATION 334
AND PREVENTION
T PUNJAB DIngg TATION) EAS HOLDI
THIND PREVENTION OF ER AGM SOLIDATION
ACT, 1943 OMENTATION)
(East PUNJAB ACT No, L oF 1948.) ceived the assent of His Excelle [Re of fae on the 7th December. (og. ser emor- in the East Punjab Government G ordinary), of December, 14, 1948.) Ext General
SS
1 2 3 4
"Year | No. Short title Whether rep 2aled or otherwise effected by legislation
"4948 L. The East Punjab |Amended in part b j [ Holdings (Consolid- n Part sy Panjab Act XXIII of 1950.2 ation and Prevention | Amended in part by the Adaptati f igi@smentation) Laws Order, 1950. aprasion Amended _ in part by the Adaptation of
Laws (Third Amendment ) Order, 1951
Amended in part by Punjab Act VIL of
19528
Amended in part by Punjab Act XX of
1953.4
Amended in part by Punjab Acts, XXII5, XXXIX® and XL' of 1954. Amended in part by Punjab Act VIL of 19553 1For Statement of Objzcts and Reasons, see East Punjab Government Gazette (Extraordinary), 1948, pages 691-602. For the Select Committee Report, see East Punjab Government Gazette (Extraordinary), 1948, Part V, pages 19—32; for Proceedings in the Assembly, seg East Punjab Legislative Assembly Debates, Volume III, 1948, pages 45—58 and 3009—309.
j j tte 2For Statement of Objects and Reasons, see East Punjab Government Gazet (Extraordianry), 1950, page 838 ; for Proceedings in the Assembly, see Punjab Legis- lative Assembly Debates, 1950, Volume II, pages (9)106—(9)109. j t Gazette *For Statement of Objects and Reasons, see East Punjab Go vernmen (Extraordinary), dated 10th July, 1952, page 552; for Proceedings i the A aySs see Punjab Legislative Assembly Debates, 1952, Volume Il, _ pages
24) ee and for Proceedings in Council, see Punjab Legislative Council Debates, ' Tl, pages (16)}4—(16)18.
j j
ab Government Gazette
'For S bjects and Reasons
, see East Punja zatin
(Extraordinary), 1953, oases 134
.135 ; for Proceedings in the As
sembly, see Pun)
gislative Assembly Debates, 1953, pages 296—298. ; Gazette (Extra-
. 'For Statement of Objects and Reasons, see oo Ordinary), 1954, page 92. t Gazette (Extra- ona "For Statement of Objects and Reasons, see Punjab Governmen! 'dinary), 1954, page 828.
. ernment Gazette Cntr "For Statement of Objects and Reasons, see Punjab Gov aordi
ordinary), 1954, pp. 926(c) and 926(d).
Extra *For Statement of Objects and Reasons , see Punja
b Government G
azette
ordinary), 1955, page
128.
|
4
334 HOLDINGS (CONSOLIDAT
ION
AND PREVENTION
OF FRAGMENTATION)
[1948 - East Pp 4. $$$
1 2 3 : : ———__ i Whether repealed or othery; Year No. Short title affected by legislation —___
1948 L The East Punjab Hold- Amended by Punjab Act No. 46 of 1956 and
ings (Consolidation
Fragmentation ) Act,
1948,
Prevention of Extended to the territories which immediately before the Ist November' 1956, were comprised in the State of' Patiala and East Punjab States Union by Punjab Act No. 5 of 19572
Amended by Punjab Act No. 15 of 1959s Amended by Purjab Act No. 20 of 1959 Amended by Punjab Act No. 12 of 19695 Amended by Punjab Act No. 27 of 19668 Amended by Punjab Act No. 12 of 1969:
Amended by Punjab Act No. 25 of 19523 Amended by Punjab Act No. 39 of 19639 Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws
on Stat2 aad C sncurrent Subjects) Order, 1968. An Act to provide for the compulsory consolidation of agricultural holdings and for preventing the fragmentation of agricultural holdings in 1°[the State of Punjab] [and for reservation of land for common purposes the assignment or of the village.]
It is hereby enacted as follows:
CHAPTER I—PRELIMINARY.
Short titles extent
1. (J) This Act may be called the East Punjab and Commence- Holdings (Consolidation and Prevention of Fragmen- ment. tation) Act, 1948.
(2) It extends to the whole of the *27Union Territory of Chandigarh].
1For Statement of Objects and Reasons, ordinary), 1956, page 1086.
2For Statement of Obj
ordinary), 1957, page 339.
3For Statement of Objects and Reasons, (Extraordinary), 1959, page 366.
4For Statement of Objects and R
ordinary), 1958, pages 1478
5For Statement of O
ordinary), 1959, page 1940,
-79,
bjects and Reasons,
®For Statement of Objects and Reasons, ordinary), 1960, pags 248.
"For Statement of Objects and Reasons ordinary), 1962, page 510 8For Statement of O
ordinary), 1962, page 1616.
®*For Statement of O
ordinary), 1963, page 1146.
1°Substituted for the words "+t
Laws (Third Amendment) Order, 1951.
11Added and dezmed always to
12Substituted for the
see Punjab Government Gazette (Extra-
ects and Reasons, sce Punjab Government Gazette (Extra- see Punjab Government Gazette
€asons, see Punjab Government Gazette (Extra- see Punjab Government Gazette (Extra
see Punjab Government Gazette (Extra-
see Punjab Government Gazette (Extra-
bjects and Reasons, see Punjab Government Gazette (Extra- bj cets and Reasons, see Punjab Government Gazztte (Extra- he Province of East Punjab" by the Adaptation of have been so added by Punjab Act No. 27 of 196°, . ) words "State of Punjab " : nisa¢ tion (Chandigarh) (Adaptation of Laws on Stade; Cue! eritighbcts) Rete 1968: |
5
East pb. Act ] HOLDINGS (CONSOLIDATION 335 48 - 19 AND PREVENTION OF FRAGMENTATION)
3) This section shall come into force at once z enaining proven of the Act
shall come nite fee ie
seh area an Cee date as_ the *[Central Govern- vent may by notification appoint in this behalf, and nirerent dates may be appointed for the coming into
, force of different provisions of the A ct. — In this Act, unless there is anything r 4 the subject or cont
ext,—
ything repugnant Interp
retation,
(a) "Consolidation Officer" means an offi cer
appointed as such under section 14 by the 1/Central Government] and includes any p er-
son authorised by the '[Central Governm ent]
to perform all or any of the functions of the
Consolidation Officer under this A ct ;
(b) "Consolidation of Holdings ' means the amal-
| amation and
the redistribution of all or any
| of the lands
in an estate or sub-division of an
estate so as to reduce the number of plots in
the holdings ;
ns any purpose in
need, convenience
sand include the
(bb) "common purpo
se" mea
relation to any comm
on
or benefit of the vill age]
following purposes -—
(i) extension of the village Abadi; ee * ]
(ii) providing income for the Panchayat of the
village concerned for the benefit o f
the village community] ; .
5[(iii) village roads an d paths, village drain s,
village wells, ponds o r tanks , Village watercourses OF
water-channels; vill age
>
bus stands and w
aiting places;
pits , hada rot
i, public latri
nes » cre-
mation and buri
al grounds , :
Ghar, Janj G
har, grazing
tanning places,
mela grounds,
pubic
places of relig
ious Of charit
able natuly >
and orders
1950.
Substituted for the word "Provi ncial" by the 'Adaptation of Laws Orie to
have beutserted by Punjab Act, XXII of 1954. This clause shall be de¢
: N So inserted. ,
"at Act No 27 of 1960.
"Added and deemed always to hav e been ° added, by Punjab =
'The word "and " omitted by Punjab Act No. 39 of 19
63.
Added by ibid. :
6
336 HOLDINGS (CONSOLIDATION [1948 : fa St Pb, AND PREVENTION Ag OF FRAGMENTATION) i hools and playgrounds, ISPenoa: ey) y hospitals and institutions of like nati, waterworks or tube-wells, Whether «e
schools, playgrounds, dispensanit
hospitals, institutions, waterwork,
tube-wells may be managed and ont
trolled by the 1[Central Governmeng} »
not;
(c) "fragment" means a plot of land of less extent than the appropriate standard area determine under this Act : :
Provided that no plot of land shall be deemed to be a fragment by reason of any diminution in its area by is occupied or let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes the sites of buildings and other structures on such land ;
(e) "notified area" means any area notified as such under section 3 ;
(f) "owner" means in the Case of unalienated land the lawful Occupant and when such land has
(g) "prescribed" means Prescribed by rules made under this Act ;
(h) "Settlement Officer (Consolidation)" means an Officer appointed as such under section 20 by the [Centra] Government] and includes any person authorised by the [Central Government] to perform all or any of the functions of the acttlement Officer (Consolidation) under this Cl ; (@) "standard area" jn Tespect of any class of land means the area wh; Which the *[Central. SO ment] may from time to time determine ut te cetermine Substituted for the words < ; 'State Goy, " : reanisatio? Coane) (Adapt of Lave on Saag Yt Puna Reon
7
1968: East Pb. Act] HoLpinas (CONSOLIDATION 3 37
AND PREVENTION
OF FRA GMENTATION)
section 5 as the minimum are profitable cultivation in any pa area and includes a standard ar
the said section :
(j) "sub-division" means a necessary for rticular notified a revised under
a part of an state re- L corded as a sub-division, Pati, tarf o Il of in a record -of-rights prepared under aecutaen
"8. of the Punjab Land Revenue Act, 1887 provided it forms a compact block: and
(k) words and expressions used in this Act but | not defined, have the meanings assigned to ay of Hs in the Punjab Land Revenue Act,
CHAPTER II—DETERMINATION OF STANDARD AREAS
AND 'TREATMENT OF FRAGMENT.
3. The '{Central Government] may, after such Determination of inquiry as it deems fit, specify any estate or sub- division "tied area. of an estate as a notified area for the purposes of this > 'Chapter of this Act.
4. (1) The {Central Government] may, after such Settlement of stan. inquiry as it deems fit provisionally settle for any class of "~ land in any notified area in the minimum area that can be cultivated profitably as a separate plot.
The 4Central Government] shall by notification
and {2 dich other manner as may be prescribed publish the minimum areas provisionally settled by it und
er sub-
section (J) and invite objections thereto.
ef CON- Determinati
5. (1) The 3[Central Government] shall, aft a
sidering the objections, if any, received within three mont hs 7
es 'fication under sub-
of the date of publication of the notific Se) end Taking | Section of section 4 in the estate conce :
' such futher inauiey as it may deem fit, determing the Standard area for each class of land in such noti ime, if
.. _(2) The {Central Government] may, a ard area it deems it expedient so to do, revise 4 ision shall be 'termined under sub-section(/). Such A and sub-section Made in the manner laid down in section
) of section 5. ction
Wa
" jab 'Substi "State Government" by the Punje order, 1968.
(Chandi 1) '(Adaptation of Laws on State and Concurrent Subjec ) :
8
Entry in the record-of-rights. Transfer and lease of fragments.
338 HOLDINGS (CONSOLIDATION [1948 : East py, A AND PREVENTION eth,
OF FRAGMENTATION)
3) The Central Government] shall, by Notificgs:
and Ook other manner as may be prescribed, lve ube notice of any standard area determined under Sub-secti,. (1) or revised under sub-section(2) . q 6. (J) On notification of a standard area Under sub-section(3) of section 5 for a local area all fragments in the local area shall be entered as such in the Tecord, of-rights.
(2) Notice of every entry made under Sub-section({) Shall be given in the prescribed manner.
7. (1) No person shall transfer any fragement in respect of which a notice has been given under sub-section (2) of section 6 unless thereby the fragment becomes merged in a contiguous Survey number or reconginsed sub-division of a survey number. . .
(2) Notwithstanding anything contained in the Punjab x; Tenancy Act, 1887, no such fragment Shall be leased to any person other than a person cultivating any land which is contiguous to the fragment. Fragmontation 8. No land in any notified area shall be transferred Prohibted. <4° or partitioned so as to create a fragment. Penalty for transfer 9. The transfer or partition of any land contrary to Or partition con- trary to provisions the provisions of this Act, shall be void. of Act. Valuation of frag
ment.
Transfer of frag. 11. The owner r ment,
10. Any owner of a fragment who intends to sell it shall make an application in this behalf to the Collector for determination of its market price and the Collector shall, after hearing the applicant and the owners of the contiguous survey numbers or recognised sub- divisions of Survery numbers determine the market price, and such determination Shall be final and conclusive for the purposes of this chapter. eferred to in the preceding section shall in the first instance offer the fragment for sale to the owners of
cognised sub-divisions
"[Government] for the py 3 on pay: ment by the *[Govern Purpose of the 3[State] to persons possessing j
determine, and thereu
tely in the *[Government of '[State] free from aj] encumbrarcest® purpose a : 'Substituted for the words "State Gov. " : organisatio® webs forthe weed 328,08 Ss and Conceace eee, Sea ae *Substituted for the aah sawn" by the Adaptation of Laws Order. 1 4" ' if. 1950 Province'- by the Adaptation of Laws Ore
9
1948 Fast Pb. Act L.] Hotpings (CONSOLIDA . AND PREVENTION eon 339 OF FRAGMENTATION)
12. When 1 yor under section 54 of the Code of Civi
vil Pr
ocedure, 1908, assessed to Paymen t for the partition of an undivide ayment o are to the NGoversment Tred tO the Goverment"
fied area for which standard areas have b ] in any noti- separation of share
whe separate possession of a share of een fixed, for the such partition of separation shall b such an estate, no create a one ee
e€ made so as to
13. Notwithstanding anythi ; . law for the time being in Force See auained IN any "Central Govern-
by the *[Central Government] or any local thority x authority ott sold at any sale held un der the orders of aut Ority OF acquire land so as to leave 7 fragment. any court so as 'sve fragment.
(2) If any land acquired by the 2[C or any local authority is in excess UF Ts edu rent shall be offered for sale in the first instance to the owne 3 of contiguous survey numbers or recognised sub-divisions of survey numbers at pri ; .
°
under sub-section(/). Price" at whtes, atwale B eguine'
CHAPTER Iil—ConsoLpaATION OF HOLDINGs
14.(7) With the object of consolidating holdings in Goverment ma any estate or group of estates or any part thereof for the ofits own accord or
on application de-
purpose of better cultivation of lands therein, the ctareits " intenti to make scheme
{Central Government] may of its own motion or on appli- cation made in this behalf declare by notification and by aa publication in the prescribed manner in the estate or estates a concerned its intention to make a scheme for the consolida- tion of holdings in such estate or estates or part thereof as may be specified.
(2) On such publication in the estate co ncerned the
1 Consolidation Central Government] may appoint a he prescribed manner Officer who shall after obtaining int f the estate or estates con- the advice of the landowners © cerned, %[and of the non-proprietors and the Gram Pan- chayat, if any, constituted in
such estate or estates under th
e
Gram' Panchayat Act, No. IV of 1953], prepale ©
Scheme for the consolidation
of holdin gs in such estate
or
e.
'states or part thereof a
s the case May D*-_
Substituted fi
, '6 99
' f Law
: or the word "Crown
" by Adaptation 0 (Chan ubstituted for the w ords "State Gvernment ** by the Puna
ligath) (Adaptation of Laws n S tate an! Concarrent Subjecie
"Inserted by East Punjab Idings C onsoldiation
y unjab Holding Cr Panjab A ct,nd P
revention 0
. II of 1955) tati ®) Amendment and Validation) Aas yy nus:
jer th
ction 3 of Punjab Aci VII of 1955,
Fea < Unus ." 'dation under
the
) -agg 2—-No Scieme
of Consolidt io? mentation)
"Validation of certain din g
procee gs :— 0
East Punjab Holding ( atina aad Prevention round that the Act, 1948, shall b> den valid merely 02 Fre cot sa obtained advice of non-properietors and G ram Panchayee " commencement of
during any Consolidation pro ceedings before
_ 24a
10
Scheme to provide compensation. Occupancy
=
340 HOLDINGS CONSOLIDATION [1948 : East pp, Acty.
AND PREVENTION L,
OF FRAGMENTATION)
11(3) Where a notification under sub-section (1) been ne in respect of a group of estates and the hola"
is situtated in more tian one estate in the Sroup, ther nowithstanding anything contained in the Punjab Lang 'n, Revenue Act, 1887, the scheme prepared by the Consolj. dation Officer may provide for the alteration of boundaries of such estates. ]
15. (1) The scheme prepared by the Consolidation Officer shall provide for the payment of compensation to any owner who is allotted a holding of less market vale
than that of his original holding for the recovery of cOm-
pensation from any owner who is allotted a holding of
greater market value than that of his original holding.
( 2) * * * 2 * *
16. (1) The scheme prepared by the Consolidation fficer may provide for the distribution of land held under occupancy tenure between the tenants holding a right of occupancy and his landlord in such proportion as may be
agreed upon between the parties.
(2) When the scheme is [confirmed] under section 20, the land so allotted to the occupancy tenant and the xi landlord shall, notwithstanding any thing to the contrary i contained in the Punjab Tenancy Act, 1887 or in any other law for the time being in force, be held by each of them, respectively in full right of ownership, and the right of occupancy in the land allotted to the landlord shall be
deemed to be estinguished. |
Power to_make pro- "[16-A. (1) Notwithstanding anything contained in to partition ime Chapter IX of the Punjab Land Revenue Act, 1887, except
occupancy
Joint section 117 thereof, the scheme prepared by the Consoli- dation Officer may provide for the partition of land between joint-owners of land, or between joint-tenants of a tenancy in which a right of occupancy subsists, in accordance with the share of each Owner or tenant in the land or tenancy, as the case may be, if—
(a) such share is recorded under Chapter IV of that Act as belonging to him, or
(6) the right of such owner or tenant to such share has been established by a decree which is stil ubsisting at the time of preparing the scheme, EI ie off ae *Substituted for the words "Fi nally sanctioned' : 25 of 1962: "New section 16-A,' toned' by Punjab Act No inserted by Punjab Act No. 20 of 1959.
11
g ; East Pb. Act.] HoLbincs (CONSOLIDATion
c) a written acknow (Gor exeCute a be ement of such right has the admission or denia] thereek interested in Q hae es scheme is 1{*] confirmed
section 20, the land so partitioned shall, notwithstanding he contrar
anything to t y contained in a
time being In force, be held by each su
ch ae the
in full right of ownership or tena
enant
. r tenancy,-as the case
and the rights of other joint-owners or joint- enante
in the land shall be deemed to be extinguished.]
17. (J) Whenever in preparin consolidation of holdings, if appears to conse. fo r the public rot Pd
it 1
10N within scheme for
Officer that 1t 1s necessary to amalgament any road, street, Somslidation of lane, path, channel, drain, tank, pasture
or other land
reserved for common purposes withany holding in the
scheme he shall make a declaration to that effect stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over the said road, street, lane, path, channel, drain,
tank, pasture
or other land reserved for common purposes, shall be
extinguished or, as the case may be, transferred to a n ew
road, street, lane, path, channel, drain, tank, pasture or
other land reserved for common purposes laid out in
the
scheme of consolidation.
|
(2) The declaration in sub-section (J) shal l be publish-
edin the estate concerned in the prescrib ed manner along
with the draft scheme referred to in se ction 19.
(3) Any member of the public or any person having
any interest or right, in addi tion to the right of public highway in or over the said roa d, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes or having any other interest or right whi ch is
likely to be adversely af fected by the proposal may piss ie
thirty days after the pub lication of the declaration Ni
) 'dation Officer in writing section (/), state to the Consolt ure of such interested his objection to the proposal, the nat
or right and the manner in which it is likely to ye adverse
atfected and the amount and the particulars ° } © compensation for such interest or right - count
Provided that no claim for compensation O F blic
of the extinction or diminution
of the right pel, drain,
ghway over such road, street, lane, pat'» mon purposes,
ek pasture or
other land re
served for com
|
all be entertain
ed.
onsideriNg
n Officer shal
l, after core
vith
(4) The Consolidatio the objections, if any, made to th e proposal, St )
No. 25 of 1962.
|
'The words "finally" omitted by P unjab Act
j94
12
342 HoLpincs (CONSOLIDATION [1948 ; Ka St Ph. Actr: AND PREVENTION ctl
OF FRAGEMENTATION)
such amendments, if any, as he ay Consider nec the Settlement Officer (Consolidation), togethey with 4° Objections received, his recommendations thereon and 5 statement of the amounts of rompensation. if any, Which in his opinion are payable, and of the Persons by whom and the persons to whom such recompensation is payable. The ecision of the Settlement Officer (Consolidation), ON the Proposal and regarding the amount of compensation and the persons by whom such compensation, if any, i, pay. _ able, shall be final. 4 thi tained ;
nd reserved for 18. Notwithstan Ing anything containe IN an
sommon PUrPOSeS, 7 for the time being in force it shall be lawful fo, the Consolidation Officer to direct— (a) that any land specifically assigned for any com. Mon purpose shall cease to be so_ assigned and to assign any other land in its place
CSsar
tain range within the *|State] shall be assigned for any common purpose : (c) that if in ally area under consolidation no land is reserved for any common Purpose including extension of the village abadi, or if th
Publication of
ft scheme. 19,
g the objections, if any, re-
ceived, submit the Scheme with Such amendments as he considers to be necessary, together With his remarks on the objections, to the Settlemen t Officer (Consolidation). njab Act No, 27 of 3 No, 1960, reads as fol ows :— Validation-— Notwithstanding anything to the contrary contd in any judgment,
decree or order ofanycourt:— —- (a) where in any scheme, made before the Commencement of this Act, land
has been reserved for the Panchayat of the village concerned for utilis-
ing the income thereof, or (6) where before such commecnement to whom it has delegated it
the State Government or any authony S Powers has passed on order under secti .
tion made b a
t Act, .
such reservation of land or such Order, as the case may pear under Lpeeae to be valid,
and any such Scheme or order Shall not be questioned on the ground that such wer th e
tO
' the case section 42 0
Principal Act, the State Government' oy such authority Bad mene to pass such ord
*Substituted for the word "Province" by the Adaptation of Laws Order, 1950-
13
948 East Pb. Act L.] Hotpings (CONSOLIDATION 34 AND PREVENTION 3
OF FRAGMENTATION)
[(2) OF * 1 »& 4:
31(2) If no objections are received to the d published under sub-section (2) of section. i. ; rat sch ei if no written or oral objections to '(the draft scheme] are received under sub-section (3) by the Settlement Officer (Consolidation), he shall confirm the scheme.
(3) If any objections are received to the draft scheme published under sub-section (J) of section 19 + * & ¥) or if any written or oral objections are received by the Settlement Officer (Consolidation) before the con- firmation of the draft scheme by him, the Settlement Officer
(Consolidation) may after taking the objections in to consi-
deration together with the remarks thereon of the Consoli-
dation Officer and also after considering the written or oral
objections, either confirm the scheme with or without modi-
fications, or refuse to confirm it. In case of such refusal,
the Settlement Officer (Consolidation) shall return the draft
scheme, with such direction as may be necessary, to the
Consolidation Officer, for reconsideration and resubmis-
Sion. ] | .
(4) Upon the confirmation of the scheme under su section (2) oF (3), the scheme as confirmed shall be published in the prescribed manner in the estate or estates concerned. 1Omitted by Punjab Act No. 25 of 1962. i —
*Substituted for the words "State Government" by the Punieerder, 19 8. (Chandigarh) (Adaptation of Laws on State and Concurrent Subjec >
Substituted by Punjab Act No. 12 of 1962. * sublished 'Substituted for the words 'sorto the amended draft scheme p
. 962- eer sub-section (2) of that section'? by Punjab ee 5a. i .
"Substituted for the words "any such s¢ ne. published he
nder <,, SUbstituted for the words "or to the amended ora id. ' Sib-section (2) of that section (2) of that section
"py ibid". 'Substituted for the words "any such scheme "by }
14
Repartition. ing the advice of the landowners of the estate ,
344 HOLDINGS (CONSOLIDATION [1948 : East Pb. ety
AND PREVENTION
OF FRAGMENTATION)
21. (J) The Consolidation Officer shall afte; Obtain,
. re concerned, carry out repartition in accordance with scheme of consolidation of holdings confirmed under ea," tion 20, and the boundaries of the holdings as demarcate Shall be shown on the shajra which shall be publisheq in the prescribed manner in the estate or estates concerned.
(2) Any person aggrieved by the repartition a written objection within fifteen days of the Publication before the Consolidation Officer who shall after hearing the objector pass such orders as he considers proper Confirming or modifying the repartition. 7
(3) Any person aggrieved by the order of the Consoji. dation Officer under sub section (2) may within one month of that order file an appeal before the Settlement Officer (Consolidation) who shall after hearing the appellant pass such order as_ he considers proper. |
"[(4) Any person aggrieved by the order of the Settle- ment Officer (Consolidation) under sub-section (3), whether made before or after ~he commencement of the East Punjab Holdings (Consolidation and Prevention of Fragmen- tation) Second Amendment and Validation Act, 1962, may, within sixty days of that order, appeal to the Assistant Director of Consolidation. May file
(5) Any appeal against an order of the Settlement Officer (Consolidation), pending under sub-section (4) immediately before the commencement of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Second Amendment and Validation Act, 1962, either before the? [Central Government] or any officer to whom the powers of the? [Central Government] in this behalf have been delegated, shall be decided by the Assistant Director of Consolidation. -
(6) The appellate ay under sub-section (3) or s period of limitation the appellant was pr the appeal in time. thority may entertain an appeal ub-section ary that Prescribed therein if it is satisfied t _ Wubstituted for existing sub-section (4) by Punjab Act 25 of 1962. *Substituted for the word . b Re isati : S "State Government'? by the Pusja jreat Organisa on (Chandigarh d : nt'? tne é Concu subjects) Ordes 1968. © ) (Adaptation — of Laws on State' an
15
vil of
1887.
XVII of
1887.
1948 : East Pb. Act. L.] HoLpings (CONSOLIDATION 345 AND PREVENTION
OF FRAGMENTATION)
(7) The *[Central Government lent] may by notificat; appoint any person to be an Assistant Dj 5 of Conseth dation to exercise the powers under thi ion in Tespect of such area as may be specified in such notif ication. ]
22. (J) The Consolidation repared a new record-of-rights i provisions contained in Chapter IV of the Revenue Act, 1887, in so far as applicable, for the area under co to the repartition *[and orders j under the preceding section.
Punjab Land
these provisions may be
nsolidation, giving effect
n respect thereof made]
(2) Such record-of-right shall be deemed to have been prepared under section 32 of the Punjab Land Revenue Act, 1887.
Officer shall Cause to be Preparation Im accordance with the crd-of-rights. of re-
23. (1) If all the owners and tenants affected by [the oo fo aessession repartitions, as Carried out under sub-section(/) of section
21] agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow them to enter into such possession forthwith or from such date as may be specified by him. |
(2) If all the owners and tenant as aforesaid do not agree to enter into possession under sub-section (/), they shall be entitled to possession of the holdings and tenancies, ined by . allotted to them from such date as may be determined the Consolidation Officer and published in the prescribed manner in the estate or estates concerned ; and the Consoli- dation Officer shall, if necessary, put them pivtlsd, possession of the holding to winch weey are 30 may exer. including standing crops, if. any, and for he Punjab Land cise the powers of a Revenue Officer under the Punj Revenue Act, 1887.]
| i hich
(3) If there are standing crops on any holding ro n. Possession has been given under sub-sectie: ne srovided ication Officer shall determine in Ti ble in respect of
Under this Act ] the compensation paya } Pe —_—_—,__ isation
" unjab Reorganisa 'Substituted for the words "State Government" by tp "subje a (Chandicarh) (Adatation of Laws on State and nS a py Punjab *Substituted for the words "'as finally s |
lidation "Substituted for the words "the scheme of conso ' "Partition as finally confirmed" by ibid: ned cmannen"* BY punjab 19s, 'Substituted Tor the words "in the pres
cribed
1962,
16
-' 346 HOLDINGS (CONSOLIDATION [1948 : East Pb, Act.) AND PREVENTION OF FRAGMENTATON) such crops by the person put in POSSESSION, Who g all, With, in six months of the date of Possession, may Pay such compensation to the person or persons from whom, sion was transferred, and in case of default such ¢ . Mpen.
sation shall be recoverable from him as an arrear of land revenue. |
4) lfany person from whom compensation is able in the seem fails within 15 days of the commence. ment of the agricultural year referred to In sub-section (2) to deposit such compensation in the prescribed Manner. ; shall be recoverable from him as an arrear of land revenue, and in such case the amount realised after deducting the expenses, shall be paid to any person having the interest in the holding. a :
r €COVer.
Management and "[23-A. As soon as a Scheme comes into force, the
Control of Jands for
; to vest in pancha- for yatsor Centra]
Government.
clause (iv) of clause (bb) of Section 2 in respect of which the management and control are to be exercised by the. *[Central] Government], shall vest in the °[Centra] Government]: and
any other common purpose, shall vest In the panchayat of that village : and the 2{Centra] Government] Or the panchayat,as the case may be, shall be entitled to ap Propriate the income accruing therefrom for the benefit of the Village Community, and the rights and interests of the owners of such lands shall stand modified and extinguished a ' :
Provided that in the case of land assigned or reserved
or the extension of village abadi or manure pits for the
Proprietors and non i f the Village, such land
Shall vest in the Proprietors
ictor
'Substituted by Punjab Act No. 39 of 196
*Substituted for the words « (Chandigarh) (Adaptation
3.
State Government" j eorganisation of Laws on State and Ge by the Punjab R. Ucurrent Subjects) Order, 1968.
17
jg48 ; East Pb. Act. L] HoLpings (CONSOLIDATion 347 AND PREVENTION
OF FRAGMENTATION)
24. [(1) AS soon as the P€TSON entitled to + this Act have entered ; Pee SON OF Coming into force Jdings under . Ted Into possessio of scheme. holdings, respectively allotted to them the scheme shot rhe ed to have come into force and the possess; crottees affected by the scheme of consolidation oe case may be, by repartition, shall remain undisturbed y a fresh scheme 1s brought into force or in pursuance of provisions of sub-sections (2), (3) and (4) of section 21 or an order passed under Section 36 or 42 of this Act. | *[(2) A Consolidation Officer Shall be competent to exercise all or any of the powers of a Revenue Officer under the Punjab Land Revenue Act, 1887 (Act XVII of 1887), for purposes of compliance with the provisions of sub- section (J). | |
25. A land-owner or a tenant Shall subject to the Rights of land provisions of °[sections 16 and 16A] have the same right one como in the land allotted to him in pursuance of the scheme same as before. of consolidation as he had in his original holding or tenancy, as the case may be. *[25-A. (J) If in pursuance of a scheme for consolida- Effect of consolida-
tion of holdings any land which is evacuee property within gvacuee Property.
the meaning of the Administration of Evacuee Property Act,
1950 (XXXI of 1950), is or has been exchanged for
any other land which is not evacuee property , then such other
land shall, as from the date of the coming into force
of the scheme, be deemed to be evacuee property declared
as Such within the meaning of the said Act and ne
Original evacuee land shall, asfrom suchdate, be deeme
'o have ceased to be evacuee property.
| | d has been (2) If a displaced person to whom any lan |
leased or allotted by the Custodian under the Cone nvab ivblished by the notification of the Govern 91S or 4892-S, day'? Department of Rehabilitation No. 4891- land
:
ther Jan "ated the 8th July, 1949, has been allotted some ome to have been so
subst Substituted by Punjab Act No. 46 of 1956 and shall be deemed ™Uted from December, 27, 1954.
"New Sub-section (2) added by ibid. Section substituted for the word and figure "'section 16" by Punjab Act No
. 20 of 1959, 'New Section 25-A inserted by Punjab Act XL of 1954.
18
348 HOLDINGS [CONSOLIDATION (1968 - East pp, Act AND PREVENTION ;
OF FRAGMENTATION)
in lieu thereof in pursuance of any scheme, for Consol:
tion of holdings, then such other land shall be deemed have been leased or allotted, as the care may be, to such displaced person under the aforesaid conditions withj, the
meaning of the Displaced Persons (Compensation and
Rehabilitation) Act, 1954 (44 of 1954).
(3) In this section, the expressions 'Custodian' , 'displaced persons' have the meaning , respectively ASSigned to them in the Administration of Evacuee Property Act, 1950 (XXXI of 1950) and the Displaced Persons (Compensation and Rehabilitation) Act, 1954(44 of 1954) } Encumbrances of
jand- owners
tenants.
and 26. (J) If the holding of a land-owner of the tenancy of a tenant brought under the scheme of Consolidation is burdened with any lease, mortgage or other encumbrance, such lease, mortgage or other encumbrance _ shall be transferred and attached to the holding or tenancy allotted under the scheme or to such part of it as the Consolidation Officer subject to any rules that may be made under section 46, may have determined in preparing the scheme; and thereupon the lessee, mortgagee or other encumbrancer, as the case may be, shall cease to have any right in or against the land from which the lease, mortgage or other encumbrance has been transferred. -
(2) If the holding or tenancy to which a lease mortgage ce is transferred under sub-section (/) * Is of less market value than the Original holding from which it is transferred, the lessee, mortgagee or othet encumbrancer, as the case may be, shall subject to the provisions of section 34 be entitled to the payment of such compensation by the owner of the holding, or as the cas may be, the tenant as the Consolidation Officer ™ determine. |
lessee or any Mortg
to possession, in possesgj : tenaney °
part of the holding on of the holding or age
or tenancy to which his lease, Mle"), or other encumbrance ha undef su ° S ni section (J), been transferred )
19
68: Fast Pb. ActL.] HoLDINGs (CONSOLIDATION
AND PREVENTION 349
OF FRAGMENTATION)
7. Notwithstanding anything conta; P unjab Land evens Act 1887, and the Punts Ta the Transfer of rights
tact, 1887; the rights and liabilities of land-owners enancy of atd-ownen ts
holdings and of tenants in their tenancies shall 7 their tenants in eno ncie!
urpose of giving effect to any scheme of c onsolidate"
affecting them, be transferable by exchange or oth ation
and neither the landlord nor tenant n or any other erwise
shall be entitled to obejct or interfere with an e erson
made for the said purpose.
y transfer
19
1[27-A. Notwithstanding anything c i the Code of Civil Procedure, 1908, or amy sther lew fan sion, Of and OSSes- the time being in force, no decree for possession of land °
28. (1) The cost of consolidation proceedings shall cost of consolida- be assessed in the prescribed manner. tion proceedings,
(2) The cost of consolidation proceedings shall be recovered from the persons whose holdings are affected by the scheme of consolidation.
r costs under Compensation or
: costs or other sums
his Act payable under this
Act.
29. Compensation under section 15 0 section 28 or any other sums due payable under t shall be recoverable as an arrear of land revenue. ' 1 Transfer of property
er sub-section (Z) of during consolidation 30. After a notification und
:
Section 14 has issued and during the pendency Of the pr oceedings.
consolidation proceedings no land
owner OF tenant having
a tight of occupancy upon
whom the scheme we the
binding Shall have power
without the sanction O
2 ith Onsolidati r ot otherwise deal w! dation Officer to transfe her tenancy so any portion of his original holding or otant
S to affect the rights of any other land-ownet me of
aving a right of occupancy therein under (e
onsolidation.
—_____ _— _
jon 4.
"New section 27 A inserted by Punjab Act No. 20 of 1959, sectto 1 and *Su bet;
section 2
against a petuted forthe words ''as finally
c onfirmed under by punjab Act
: tion"
OY
No.25 of [9p allowed to him in. putsuan ce of such repartitto
20
8
"s '
350 HOLDINGS (CONSOLIDATION [1948 - East pp. , OF ( AND PREVENTION Acty,
OF FRAGMENTATION)
Prohibition of cutt- *[30-A. (J) After a notification under Sub-s ic ing trees and erect. ; ' &Ction ae of section 14 has issued ae curing the pende cy \) ing buildings etc, idati dings no land owner upon wh
d i consolidation proceeding . om proceedings, 10 scheme-will be binding shall have power without the sant tionof the Consolidation Officer to cut trees from, ang Cregt buildings or other structures upon, any portion of hig Original holdings included in the scheme. of Sub
(2) If any person contravenes the provisions scction (1) he shall, on conviction, be punishable With fing Which may extend to five hundred rupees, (3) An offence under this section shall be Congnizable and bailable.
(4) If any building or other structure is contravention of the provisions of sub-section (1) and the land-owner fails to remove it within one month of the date of publication of the Shajra under sub-section (1) of section 21, it shall, without payment of any compensa- tion, vest in the new land-owner who enters into possession of that holding as a result of repartition. ] erected jp
Transfer not_affect- 31. Notwithstanding anythin ed by Punjab Alienation of Land 3 Of the "Punjab Alienation of Land of Act, 1900. of land b i
sonrof part : er sub-section (J) tion prossatines Of section 14 has issued i ; » NO proceedings under Chapter during currency of [X of the Punjab Land R consolidation pro- ceedivgs any estate or a sub-divisi
need , and where such proceedings poe _ommenced before the issue of the notification they shall remain in abeyance, durin g the pendency of the consolidation Proceedings.] No _ instrument 33. Notwithstandin necessary to effect for e e e law : . ~~, Ng anything contained in any transfer. the time being In force—
(a) no instrument In Order to give Carrying out any scheme of consolidation ° holdings, anq In writing shall be necessaty ; n effect to a transfer involved of ee
*New section 30 A inserted by Punjab Act No. 12 of 1960, section 2.
"Repealed by Adaptation of Laws (Third Amendment) Order, 1951. *Substituted for section 32 by Punjab Act No. 20 of 1959, section 5.
r os pb. Act L.] HOLDINGS (CONSOLIDATION 35]
196 AND PREVENTION
OF FRAGMENTATION)
b) no instrument, if executed shall require regi tion.
quire registra-
134. (1) The amount of compensation payable un this Act shall be assessed, so far as practicable, in aa c ompensation or
ance with the provisions of s
ub-section (/) of section 23 a
ne in case of
j of of the La
nd Acquisition Act, 1894].
94. ge ;
" 2(2) Where there is dispute in r espect of the apportion- ment of —
gq) the amount of compensation determined under sub-section (2) of section 15, or sub-section
(4) of section 17;
(b) the net value realised under sub-section (4) of section 23 ;
(c) the total amount of compensation determi ned
under sub-section (2) of section 26, the Consoli-
dation Officer shall refer the dispute to the
decision of the Civil Court and d eposit the
, amount of compensation
or net value, as the
case may be, in the Court and the reupon the
provisions of sections 33, 53 and 5 4 of the Land
Acquisition Act, 1894, shall, so far as may be
lof 1894,
apply.
Application of
oup of estates or any part Chapter II to co n-
f holdings has been effec
ted solidated holdings.
] shall, as
the
35. In any estate or gf thereof where consolidation 0 under this Chapter, the *[Central Government
soon as may be, take all necessary st eps to apply
provisions of Chapter II.
4136. A scheme for th
e consolidation of ho
ldings oxo to vary oF
confirmed under this Act may, at any time, be varied
or revoked by the authority which co nfirms 1t subject to
any order of the ®[Central Government] that may be
made
, in Telation thereto and a subse quent scheme may be pre-
pared, published and
confirmed in accordance
with the
Provisions of this Act.]
Unserted by Punjab Act, XXIII of 1950, secti on 4.
XXIII *Existing provisio
n of section 34 renumb
ered as sub-section (2)
of 1950, section 4. ab Reorganisation ts), Order, 1968.
_
by Punjab Act,
i$ b I
"ec $? Punj (Chand? eostituted for the words "St ate Government by the ru
'andigarh) (Adaptation of Laws on State and Concurr ent Subjec
'Substituted by Punjab Act XX of 1953, sectio n 3.
22
~~ 1948 : East 352 HOLDINGS (CONSOLIDATION [ St Ph, Acty.
AND PREVENTION
OF FRAGMENTATION)
4 —OTHER POWERS OF CONSOLIDA rg CHAPTER IV eowens N Powers of officers 37. The Consolidation Officer and any Person Acting to enter upon land der hi ders may, in the discharge of any duty Und for purposes of UNder his or or ° d survey land and Crect ot Survey and demarca- this Act, enter upon and survey ; SUrvey tion, marks thereon and demarcate the boundaries thereof and do all other acts necessary for the proper performance of that duty. - (J) If any person wilfully destroys or injures 0; tom injury withont ha authority removes a survey mark, lawfully marks. SY erected. he may be ordered by a Consolidation Office to pay such fine not exceeding fifty rupees for each mark So destroyed, injured or removed, as may, in the OPinion of that officer be necessary to defray the expenses of restor- ing the same and of rewarding the person, if any, who gave information of the destruction, injury or removal.
(2) The imposition of a fine under this section shall not bar a prosecution under section 434 of the Indian xi Penal Code. Report of destruc. 39. Ever tion or removal or injury to survey bound to furnish a Consolidation Officer marks, respecting the destruction or remo Pe om 40. (7) A Consolidation Officer or a Settlement Off- Settlement Officer Cer (Consolidation) ma (Consolidation) to dance he considers nece summon persons. : :
(2) A person so summ oned shall be bound to appeat at the time and place menti Oned in the summons in person or if the summons so allows, by hi 43 y his recognised agent or a legal practitioner, )
23
| . Fast Pb. Act L.] HOLDINGS (CONSOLIDATION 353
1948 AND PREVENTION OF FRAGMENTATION)
(4) If a person summoned under sub-section [(¢ ) od cause, to attend or to produ ce any joo
wit thing which he may be required to produc h oral be liable, at the discretion of the Consolidation Officer shal Settlement Officer (Consolidation), as the case ma be, to 2 fine which may extend to fifty rupees - 4
a
" * provided that no such fine shall be imposed on a per-
unless he was summoned to attend or required to pro- document or other thing within the limits of the which he ordinarily resides, holds or cultivates son
duce any
estate 1n
d.
land. CHAPTER V—General
41. (/) The TCentral Government] may for the Appointment _ of administration of this Act appoint such persons as it th inks oo aeleeation ot
fit, and may by notification delegate of its powers or fu nc- Powers. ~
tions under this Act to any of its officers either b y name or
designation.
(2) A Consolidation Officer or a Settlement Officer 5 (Consolidation) may, with the sanction of t he ?[Central
Government], delegate any of its powers or fu nctions
under this Act to any person in the service of the 2[Central
Government]. |
342, The 2[Central Government] may at any time for Powers of *[Central
the purpose of satisfying itself as to the legality or propriety Government co ca n
of 'lany order passed, scheme prepared or
confirmed or
repartition made by any Officer u
nder this Act,] call for
and examine the record of any case
pending before or
disposed of by such officer and may pass such orde
r 10
reference thereto as it thinks fit : |
1Added by Punjab Act No. VIII of 1952,
section 2.
rnment" by the Punjab
Reorganisation
*Substituted for the words "State Go
ve ,
Gand ear) (Adaptation of La
ws on State and Concurrent
Subjects) Order, 1968.
stio Adapt
bie
ion 6 of Punjab Act No
. 27 of 1960 reads as follows: contained in any
hing to the contrar y
ment of this Act illage concerned ; iud Validation—Not withstanding anyt gement decree of order of any court,
(a) where in any scheme made land has been reserved for the panic for utilising the income there of, or
(6) where before such c ommencement |
5s
authority to whom it has delegated its powers has Pan" ascinding @ under seclion 42 of the principal Act revisits '1 any officer
aoe prepared or confir
med or repartition made
jot
Suc under that Act
emed to be
vanytesetvation of mere d
ich order as the case may be shall ° on nd that
Such rand any such scheme or ord er shall not be questioned ny Stctignetvation ofland could not be made Or, as the case aithority ha
OWer tone the principal Act the State Government or suc act" bY
4 ASS su
7
,
Punjab ubstituted for the words "an y order passed by any officer ae thpstituted.
St No. 27 of 1960. and shall be deemed always to have before the commence
hayat of the V
nment or any
the State Gover an
order
24
354 HOLDINGS (CONSOLIDATION: [1948 ; East pp, A AND PREVENTION v* Acty.
OF FRAGMENTATION)
Provided that '[no order, scheme or repartition Sh be varied] or reversed without giving the parties interes notice to appear and opportunity to be heard exc 'i ed cases where the 3[Central Government] is Satisfied { the e - hat proceedings have been vitiated by unlawful] Consideration Appeal and Re. 43. Except as provided in this Act no a Ppeal or reyj. "tston. sion shall lie from any order passed under this Act.
Correction of *[43-A. Clerical or arithmetical mistakes in a SCheme clerical errors. made, or an order passed by any officer, under this Act arising from any accidental slip or omission may at an time be corrected by the authority concerned either of its Own motion or on the application of any of the parties]. Court tase 'i " 44. No civil court shall] entertain any suit instituted regards matters or application made, to obtain a decision or order in respect
arising under this Ace of any matter which the *[Central Government] or any Officer is, by this Act, empowered to determine, decide, or dispose of.
Public __ servants 45. No suit or other le indemnified for acts — gal proceedings shall be main- done under this Act. ined in respect of the exercise of any powers or discretion conferred by this ct » OF against any public Servant or pet- son duly appointed or authorised under this Act) in respect of anything in good faith done Or purporting to be done under the provisions thereof or the rules made thereunder. ee
'Substituted for Words ''State Government by the Punjab Reorganisation {handiearh) (Adaptation of Laws on State and Concurrent Subjects) Order,
'Substituted for the words "no order shall ied" jab Act No. 27 of
1960, and shall be deemed always to have been 50 pa held Punj
"Inserted by Punjab Act xx of 1953, section 4, *New section 43 A ins; ted by Punjab Act No. 20 of 1959, section 6.
25
48: East Pb. Act L.] HoLpincs (CONSOLID : ATIO AND PREVENTION —N 395
OF FRAGMENTATION)
, (1) The [Central Government] may b ' cation make rules *[for carrying oyt the purpo st ota Rules Act. |
2) In particular and without Prejudice tot of the foregoing power, the Central Gove he 8enerality make rules providing for—
tment] may
(a) the manner of publication under sub-section (2) of section 4, sub-section (J) of section 14 sub- sections (7) and (2) of secti : lon 19, sub-secti of section 20 and sub-section (1) of section 31
(b) the manner of giving public notice under sub- section (3) of section 5 :
(c) the manner of giving notice under sub-section (2) of section 6 ; (d) the procedure to be followed in the of the scheme under sub-
(e) the manner in which th under section 18 and ¢ preparation J
section (2) of section 14:
€ area is to be reserved he manner in which it is to be dealt with and also the Manner in which the village abadi is to be given to proprietors and non-proprietors (including scheduled castes, Sikh backward classes, artisans and labourers) on payment of compensation or otherwise :
(f) the manner in which compensation recoverable from any person under sub-section (3) of section 23 shall be deposited by him :
"[(ff) the fees to be paid in respect of appeals and applications made under this Act, the docu- ments which shall accompany such appeals 7"
applications and the period within which appli-
26
os
356 HOLDINGS (CONSOLIDATION [1948 ; East Ph. Ag, : AND PREVENTION '
OF FRAGMENTATION)
h) the manner in which the area ASSessment (: ( ding water-rate, if any), of each reconsijt holding and tenancy shall be determineg . 'ed
(7) the appointment of guardians ad litem fo, Minors. '
(j) generally for the guidance of the Consolidat; » * Officer and other officers and persons in an proceedings under this Act ; and
(kK) any other matter which is to be or may be Dres. cribed.
(3) All rules made under this section shall be subject to the condition of previous publication.
47. The enactments mentioned in the schedule are hereby repealed.
THE SCHEDULE
(See Section 47) Enactments Repealed Year No. Short title 1936... IV The Punjab Consolidation of Holdings Act, 1936.
1940 .. IX The Punjab Consolidation of Holdings (Amendment) Act, 1940.
1945 .. II The Punjab Consolidation of Holdings (Amendment) Act, 1945.
27