PUNJAB GOVT GAZ. (EXTRA.), APRIL 28, 2009 93
(VYSK 8, 1931 SAKA)
PART-I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
Notification
The 28th April, 2009
No. 7-Leg/2009.-The following Act of the Legislature of the State of Puniab received the assent of the Governor of Punjab on the 2nd April, 2009, and is hereby published for general information :
THE PUNJAB PRESERVATION OF SUB-SOIL WATER ACT, 2009
(Punjab Act No. 6 of 2009)
AN
ACT
o provide for the prohibition of sowing nu°sery of paddy and tramsplanting paddy before the notified dates, and for the matters connected therewith or incidental thereto.
B[ it enacted by the Legislature of the State of Punjab in the Sixtieth Year of the Republic of India as follows -
1. () This Act may be called the Punjab Preservation of Sub-Soil Short title and Water Act, 2009.
(2) It shall come into force at once.
2. In this Act, unless the context otherwise requires,
(a) "authorised officer" means an officer, authorised by the State Government by notification in the Official Gazette;
(b) "Collector" shall have the same meaning, as has been assigned to it in the Punjab Land Revenue Act, 1887, and includes any other officer, as may be appointed under this Act by the State Government by notification in the Official Gazette to exercise the powers of a Collector; commencement.
Definitions.
(c) farmer means any person, cultivating land either asan owner
or as a tenant or as a share cropper for the purposeof agriculture, horticulture, agro forestry and the like;
(d) "notified date" means the date, as notified under sub-sections
() and (2) of section 3; and
(e) "State Government means the Government of the State of
Punjab.
P NJAB GAZ. RA), PRI 8,
V , 1931 A)
—_—
RT-1
ENT I TI E FFAIRS, J
otification
28th April;
No. 7-Leg./2009.—The following Act of the Legislature of the State of punjab received the assent of the Governor of Punj pril, 2009, and
is hereby published for general atio
n —
J ATI N B-SOIL ATE CT,
nj ct o. 9)
10 r vi e the prohibition of sowing nursery of padd y and transplanting
paddy before the notif d ates, at
ters connected therewith
or incidental thereto.
E it act d he Legislature of the State of Punjab in the Sixtieth Year of the Republic of i lows :—
1. (I) hi ct h j r servation b-Soil ort it Water Act, 9.
commenc m t.
(2) shall at nce.
. Act, less the context otherwise requires,— Definitions.
" t orised r" ea s er, ori d h t Govern ent ti t n n h f icial azet e ;
(b) " ol t r" al h am eaning, g o n h j ct, 7,
n es er, oi t er h
ct h over ent ti t n n h f icial azet o rci h er ol ector ;
" er" ea s o, l t g an h r ner
e t er o h f
ri ulture, rti ulture, try a e ike ;
" ti " ea h t ti - ecti ns
1) of secti n ;
" t t Government" ea s h over ent h
Punjab.
1
No farmer to sow or transplant paddy becfore the notificd date. Power to cnter into estatc. Power to issue directions.
94 PUNJAB GOVT GAZ. (EXTRA.), APRIL 28, 2009
(VYSK 8, 1931 SAKA)
3. (4) No farmer shall sow nursery of paddy before the 10th day of May of the agricultural year or such other date, as may be notified by the State Government by notification in the Official Gazette for any local area. Explanation.-For the purpose of this section, 'agricultural year' means the year commencing on the 16th day of June or on such other date, as may be appointed by the State Government by
notification in the Official Gazette for any local area.
(2) No farmer shall transplant paddy before such date, as may be notified in this regard by the State Government by notification in the Official Gazette.
(3) Notwithstanding anything contained in sub-sections (l) and (2), the provisions of this section, shall not be applicable to --
(a) any research project of the Punjab Agricultural University, Ludhiana;
(b) any other Research Institute, as may be declared by the State Government by notification in the Official Gazette ;
(c) any water logged area, as may be declared by the State Government by notification in the Officiai Gazette; Explanation.-For the purpose of this clause, the term 'water logged area' means an area, having depth to water table less than one metre below the ground level; and
(d) any other method of paddy crop, as may be declared by the State Government by notification in the Official Gazette.
4. The authorised officer or his subordinate, servant or work1man shall have the power to enter into the estate of any farmer for the purpose of surveying the area to assess the violation of the provisions of this Act. Explanation.---The term 'estate' shall have the same meaning, as has been assigned to it under the Punjab Land Revenue Act, 1887.
5. The authorised offricer, either suo moto or on the information brought to his notice regarding the violation of any provision of this Act, shall be competent to issue directions to the farmer, who has violated any provision of this Act to destroy the nursery of paddy or sown or transplanted paddy before the notified date.
arm o ow
or transplant
before h
ti te.
er
c e
er
directions.
Z. E TRA.), I 28,
(VYSK 8, 1931 SAKA)
3. (1) farmer shall sow nursery of paddy before the 10th day of May of the agricultural year r ate, a ti h
over ment notification in the Official Gazette for local area. Explanation.— For the purpose ofthis section, 'agricultural year' eans the year mencing on the 16th of June or on such other
date, as a be appointed the State over ment by
otif ati n h f icial azet e al .
(2) farmer shall transplant paddy before such date, as may be notified in this regard by the State Government by notification in the Official azet e.
(3) Notwithstanding anything contained in sub-sections (/) and (2), the provisions of this section, shall not be applicable to —
(a) any research project of the Punjab Agricultural University, Ludhiana;
(b) other esearch Institute, as a cl r d the State Government by notification in the Official Gazette ;
(c) any water logged area, as a be declared by the State Government by notification in the Official Gazette ; Explanation— For the purpose of this clause, the e m 'water o a' eans an area, having depth to water table less than one metre below the ground level ; and
(d) any other method of paddy crop, as may be declared by the State Government by notification in the Official Gazette.
4. The authorised officer or his subordinate, servant or workman shall have the power to enter into the estate of any farmer for the purpose of surveying the area to assess the violation of the provisions of this Act. Explanation.— The term 'estate' shall have the same meaning, as has been assigned to it under the Punjab Land Revenue Act, 1887.
5. The authorised officer, either suo moto or on the information brought to his notice regarding the violation of any provision of this Act, shall be competent to issue directions to the farmer, who has violated any provision of this Act to destroy the nursery of paddy or sown or transplanted paddy before t ed t .
2
PUNJAB GOVT GAZ. (EXTRA.), APRIL 28, 2009 (VYSK 8, 1931 SAKA)
6. In case, a farmer does not act as per the directions of the authorised Power o fficer given under section 5, the authorised officer shall cause such nursery paddy or trans of paddy, or sown or transplanted paddy, as the case may be, to be dest oyed planted paddy and at the expenses of such farmer.
95
7. (1) Any farmer, who contravenes the provisions of this Act, shall Penalty. he liable for penalty of rupees ten thousand for every month or part thereof, ner hectare of land till the period, such contravention continues.
(2) The penalty referred to in sub-section (1), shail be in addition to the recovery of the expenses, incurred for destroying the nursery of paddy, or sOwn or transplanted paddy before the notified date. recover Cxpenscs.
(3) Before passing any order for imposing penalty under sub-section /). the authorised officer shall make such enquiry, as he may deem necessary and shall give an opportunity of being heard to the concerned farmer.
8. Any farmer, aggrieved by an order of the authorised officer, passed Appeal. under sub-section (3) of section 7, may prefer an appeal to the Coilector within a period of thirty days from the date of passing the order.
9. The penalty and the expenses referred to in section 7, shall be Recovery. recoverable as arrears of land revenue.
10. No suit, prosecution or legal proceeding shall lie against the State Government or its officer or employee for anything, which is done or intended to be done in good faith under this Act.
REKHA MITTAL,
II735 LR(P)-Gov. Press, U.T, Chd.
11. No civil court shall have jurisdiction to entertain any suit or Bu of jurisdiclion. proceeding in respect of any matter arising under or connected with this Act. Protection for
12. Notwithstanding anything to the contrary contained in any other Overriding cffect. law, enacted by the Punjab State Legislature for the time beingin force,the
provisions of this Act shall have effect.
Secretary to Government of Punjab,
Department of Legal and Legislative
Affairs.
actions taken in
good laith.
the nursery of
pa
BS A a cos SREB
te ~ vo NS,
PUNJAB GOVT GAZ. (EXTRA
(VYSK 8, 1931 S \
6. In case, a farmer does not act as o ficer given under section 5, the authoris of paddy, or sown or transplanted add at the expenses of such farmer, Pacey, as the case may be, to be destroyed
), APRIL 28,2009 95
AKA)i
per the directions of the authorised Power to destroy ed offi the
nursery of
cer shall cause such nursery paddy or trans- planted paddy and
recover Cxpenscs.
7. (1) Any farmer pe liable for penalty of —— the provisions of this Act, shall Penalty : 1ousand for every month
or
f "
art
per hectare of land till the period, such contravention continues foitssh
2) Th .
(2) The penalty referred to in sub-section (1), shail be in addition to the recovery of the expense , incurred f i ) or destroying the nursery of sown or t splanted paddy before t e notified iy oredr * Before passing any order for posing penalty und
er sub-section
(1); the authorised officer shall make such enquiry, as he ay necessary and shall give an opportunity of ei ear e concerned farmer.
8. ny er, gri ed order ofthe authorised officer, passed Appeal. under sub-section (3) of t , a refer peal to the Collector within a period of thirty days from the date of passing r er.
9. enalt enses referred to in section 7, shall be Recovery. recoverable as arrears a ue.
10. it, cuti n e l oceeding shall lie against t he State Protection for
Government o its r pl ee r anything, which is done or intended LYen
to be done in a h r h ct.
11. civi r s l h ju sdiction to en tertain any suit or Bar of jurisdiction. proceedi in resp o any mat arising u o co w th this Act.
12. Notwithst i g an h n to h co co ained in any other Overrid ing tfect.
law, enacted by the P a S a e L i for the time being in force, the provisions of this Act shall have effe
REKHA M TT
Sec e a y to G n e nt of Punjab, D m t of Legal and Le islative Affairs
.
11735 LR(P)—Govt Press, U.T. Chd
.
3