THE PUNJAB LAND PRESERVATION ACT, 1900

(Punjab Act II of 1900)

C O N T E N T S

 

PRELIMINARY

Sections

         1.         Short title and commencement.

         2.         Definitions.

NOTIFICATION AND

REGULATION OF AREAS

         3.         Notification of areas.

         4.         Power to regulate, restrict or prohibit, by general or special order, within notified areas, certain matters.

         5.         Power, in certain cases to regulate, restrict or prohibit, by special order within notified areas, certain further matters.

     5-A.         Power to require execution of works and taking of measures.

         6.         Necessity for regulation, restriction or prohibition to be recited in the order under section 4 or 5.

         7.         Publication of order. Proclamation of regulations, restrictions, and prohibitions and admission of claims for compensation for rights which are restricted or extinguished.

     7-A.         District Officer (Revenue)’s powers regarding execution of works or taking of measures. 

                           CONTROL OVER THE BEDS OF NALAHS

         8.         Action when Provincial Government considers it desirable to take measures to regulate the beds of Nalah vesting of such beds in Provincial Government.

         9.         Effect of notification to suspend or extinguish private rights in the area notified under section 8.

       10.         Power of District Officer (Revenue) to delimit the bed and to decide what constitutes such bed. Power to take possession of bed when vested in the Provincial Government.

       11.         Bar of compensation for acts done under section 8, 9 or 10.

       12.         [Repealed]

POWER TO ENTER UPON AND

DELIMIT NOTIFIED AREAS AND BEDS.

       13.         Power to enter upon, survey and demarcate 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 area.

       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 XVI of 1927.

       21.         Bar of suits.

       22.         Power to make rules.

 

[1]THE PUNJAB LAND PRESERVATION ACT, 1900

[2](Punjab Act II of 1900)

[10 October 1900]

An Act to provide for the better preservation and protection of certain portions of the territories of [3][the Punjab] [4][* * *].

      [5][* * * * * * * * * * * * *]

PRELIMINARY

1.   Short title and commencement.— (1) This Act may be called the Punjab Land Preservation [6][* * *] Act, 1900.

           [7](2)  It shall extend to the whole of the Province of [8][the Punjab] except the Tribal Areas[9].

        [10][(3)]  It shall come into force at once.

2.   Definitions.— In this Act unless a different intention appears from the subject or context,—

           (a)   the expression “land” means land within any [11][* * *] area preserved and protected or otherwise dealt within manner in this Act provided, and includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

       [12][(b)   The expression “nalah” means a stream or torrent flowing through or from any mountain range within the [13][Province].

           (c)   the expressions “tree”, “timber”, “forest-produce” and “cattle” respectively, shall have the meanings severally assigned thereto in Section 2 of the [14][* * *] Forest Act [15][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; [16][* * *]

           (e)   the expression “[17][District Officer (Revenue)]” includes any officer or officers at any time specially appointed by the [18][Provincial Government] to perform the functions of a [19][District Officer (Revenue)] under this Act;

        [20][(f)   the expression “rightholder” includes—

                     (i)   persons not being tenants or mortgagees having rights to or in land; and

                    (ii)   persons having rights of collection of forest produce or of grazing or pasture; and

           (g)   the expression “erosion” includes the removal or displacement of earth, soil, stones or other materials by the action of wind or water].

NOTIFICATION AND REGULATION OF AREAS

[21][3.   Notification of areas.— Whenever it appears to the Provincial Government that it is desirable to provide for the conservation of sub-soil water or the prevention of erosion in any area subject to erosion or likely to become liable to erosion, such Government may by notification make a direction accordingly].

4.   Power to regulate, restrict or prohibit, by general or special order, within notified areas, certain matters.— In respect of areas notified under section 3 generally or the whole or any part of any such area, the [22][Provincial Government] may, by general or special order temporarily [23][* * *] regulate, restrict or prohibit—

      (a)   the clearing or breaking up or cultivating of land not ordinarily under cultivation prior to the publication of the notification under section 3;

      (b)   the quarrying of stone or the burning of lime at places where such stone or lime had not ordinarily 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 bonafide domestic or agricultural purposes [24][of rightholder in such area];

      (d)   the setting on fire of trees, timber or forest produce;

      (e)   the admission, herding, pasturing or retention of sheep, [25][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, [26][goats or camels] or to cultivate or erect buildings therein and the production and return of such permits by such persons.

[27]5.    Power, in certain cases to regulate, restrict or prohibit, by special order within notified areas, certain further matters.— In respect of any specified village or villages, or part or parts thereof, comprised within the limits of any area notified under section 3, the [28][Provincial Government] may, by special order, temporarily [29][* * *] regulate, restrict or prohibit—

         (a)   the cultivating of any land ordinarily under cultivation prior to the publication of the notification 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 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 [30][for any purposes]; and

         (d)   the admission, herding, pasturing or retention of cattle generally other than sheep, [31][goats and camels] or of any class or description of such cattle.

[32][5-A.   Power to require execution of works and taking of measures.— In respect of areas notified under section 3 generally or the whole or any part of any such area, the Provincial Government may, by general or special order, direct—

      (a)   the levelling, terracing, drainage and embanking of fields;

      (b)   the construction of earth-works in fields and ravines;

      (c)   the provision of drains for storm water;

      (d)   the protection of land against the action of wind or water;

      (e)   the training of streams; and

        (f)      the execution of such other works and the carrying out of such other measures as may, in the opinion of the Provincial Government, be necessary for carrying out the purposes of this Act].

6.   Necessity for regulation, restriction or prohibition to be recited in the order under section 4 or 5.— Every order made under [33][section 4, 5 or 5-A] shall be published in the [34][Official Gazette] and shall set forth that the [35][Provincial Government] is satisfied, after due inquiry, that regulations, restrictions, [36][prohibitions or directions] contained  in the order are necessary for the purpose of giving effect to the provisions of this Act.

7.   Publication of order. Proclamation of regulations, restrictions, and prohibitions and admission of claims for compensation for rights which are restricted or extinguished.— (1) When, in respect of any [37][* * *] area, a notification has been published under section 3, and

      (a)   upon such publication any general order, made under section 4 [38][or section 5-A] becomes applicable to such area, or

      (b)   any special order under [39][sections 4, 5 or 5-A] is made in respect of such area,

the [40][District Officer (Revenue)] 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 [41][prohibit the exercise 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 [42][exercise of any such rights is so restricted or prohibited] a proclamation stating the regulations, restrictions and prohibitions which have been imposed, by any such order, within the limits of such area or in any part or parts thereof; fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any compensation in respect of any right so restricted or prohibited, within such period either 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 compensation (if any) claimed in respect thereof.

      (2)  Any claim not preferred within the time fixed in the proclamation made under sub-section (1), shall be rejected:

      Provided that, with the previous sanction of the [43][Executive District Officer (Revenue)], the [44][District Officer (Revenue)] may admit any such claim as if it had been made within such period.

[45][7-A.   [46][[47][District Officer (Revenue)]’s powers regarding execution of works or taking of measures].— (1) When an order has been issued under section 5-A, the [48][District Officer (Revenue)] may, by notice, require the owner or occupier of the land to execute such works or take such measures as may be specified in the notice.

      (2)  Every such notice shall state the time within which the works are to be executed or measures are to be taken.

      (3)  A person aggrieved by an order contained in such a notice as aforesaid may, within thirty days from the service of such notice or within such longer period as the [49][District Officer (Revenue)] may allow in this behalf, serve a notice of his objections on the [50][District Officer (Revenue)] in such manner as may be provided by the rules made under this Act.

      (4)  If and in so far as an objection under this section is based on the ground of some informality, defect or error in or in connection with the notice, the [51][District Officer (Revenue)] shall dismiss the objection, if he is satisfied that the informality, defect or error was not a material one.

      (5)  If the objection is brought on all or any of the following grounds, that is to say:-

            (a)   that the notice might lawfully have been served on the occupier of the land in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served;

            (b)   that some other person, being the owner, occupancy tenant, mortgagee with possession or lessee or farm holder or possessing some other right in or over the land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required;

            (c)   where the work or measure is work or measure for the common benefit of the land in question and other land, that some other person being the owner or occupier of land to be 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 objection on each other person referred to, and on the hearing of the objection the [52][District Officer (Revenue)] 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 in which any expenses which may become recoverable by the [53][District Officer (Revenue)] under sub-section (6) are to be borne by the objector and such other person:

        Provided that no such order shall be made unless the person who is likely to be affected thereby has been given a reasonable opportunity of being heard.

      In exercising his power under this sub-section the [54][District Officer (Revenue)] 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 require; and

      (b)  in any case to the degree of benefit to be derived by the different persons concerned.

      (6)  Notwithstanding anything to the contrary in any law for the time being in force, no person required by a notice or an order under this section to execute any work or to take any  measure shall be required to obtain the consent of any other person before complying with such notice or order.

      (7)  Subject to such right of objection as aforesaid and the right of appeal under section 18, if the person required by the notice to execute works or to take measures fails to execute the works or to take the measures indicated within the time thereby limited, the [55][District Officer (Revenue)] may himself or by an agent execute the works or take the measures and recover from that person the expenses reasonably incurred by him in so doing:

            (1)   provided that it shall not be necessary for the [56][District Officer (Revenue)] to wait for the decision of any objection other than an objection under clause (a) of sub-section (5), or an appeal against any decision on such objection, before taking action under this sub-section:

            (2)   provided further that the maximum amount that shall be recoverable in respect of any land in regard to which the work has been executed or the measure taken shall not exceed—

                    (a)   where the work is required to be executed or the measure to be taken by the owner, ten times the land revenue assessed on all the lands owned by him in the [57][Province]; and

                    (b)   where the work is required to be executed by the occupier, ten times the land revenue assessed on all the lands occupied by him in the state in which such land is situated.

      (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 [58][District Officer (Revenue)] 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 the [59][District Officer (Revenue)] in this behalf shall be final and conclusive evidence of the sum so recoverable and the person liable for the same.

      (9)  Every order issued under this section shall be 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.

      (10)   The [60][District Officer (Revenue)] may by general or special order authorise any revenue officer subordinate to him to enquire into any objection that may be brought under this section:

      Provided that no final order on any such objection shall be passed except by the [61][District Officer (Revenue)] himself.

      (11)   In making an order on objections brought under this section, the [62][District Officer (Revenue)] shall be guided by such rules, if any, as the Provincial Government may make in this behalf.

      (12)   For the purposes of this section, the expression “estate” shall have the meaning assigned thereto in the Punjab Land Revenue Act, [63][1967 (XVII of 1967)].]

CONTROL OVER THE BEDS OF [64][NALAHS]

8.   Action when Provincial Government considers it desirable to take measures to regulate the beds of [65][Nalah] vesting of such beds in [66][Provincial Government].— (1) Whenever it appears to the [67][Provincial Government] that it is desirable that measures should be taken in the bed of any [68][nalah] for the purpose of—

      (a)   regulating the flow of water within and preventing the widening or extension of such bed, or of

      (b)   reclaiming or protecting any land situate within 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 nature and extent of the measures to be taken and the locality in and the time within which such measures are to be so taken, require all persons possessing proprietary or occupancy rights in land situate in such locality to themselves carry out the measures specified in such notification accordingly.

      (2)  If the whole or any part of the bed of any [69][nalah] be unclaimed, or, if, in the opinion of the [70][Provincial Government], the measures deemed necessary under sub-section (1) are of such a character, in regard to extent and cost, that the interference of the [71][Provincial Government] is absolutely necessary, or in the event of the owner or occupier of any portion of the bed of any [72][nalah] failing, to comply with the requirements of any notification issued under sub-section (1), such Government may, by notification declare that the whole or any part of the area comprised within the limits of the bed of any [73][nalah] shall [74][vest in Provincial Government] [75][* * *] for such period and subject to such conditions (if any) as may be specified in the notification:

      Provided that no such declaration shall be made in respect of or shall affect any land included within the limits of the bed of any such [76][nalah] which, at the date of the publication of the notification making such declaration, is cultivated or culturable, or yield any produce of substantial value.

      (3)  When the owners or occupiers of such locality are unable to agree among themselves regarding the carrying 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 [77][Provincial Government] may, from time to time, by like notification, extend the period during which any such area shall remain vested in [78][the Provincial Government].

9.     Effect of notification to suspend or extinguish private rights in the area notified under section 8.— Upon the making of any declaration under sub-section (2) of section 8, all private rights of whatever kind existing in or relating to any land comprised within the area specified in the notification containing such declaration at the time of the publication thereof, shall [79][be suspended 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 every such area, as may be necessary to meet the reasonable requirements and convenience of the person (if any) who, at the time of the making of such declaration, possessed any such rights over such area.

10.    Power of [80][District Officer (Revenue)] to delimit the bed and to decide what constitutes such bed. Power to take possession of bed when vested in [81][the Provincial Government].— (1) The [82][District Officer (Revenue)] shall, for the purposes of every notification issued under sub-section (2) of section 8, fix the limits of the area comprised within the bed of the [83][nalah] to which such notification is to apply.

      (2)   Upon the publication of a notification containing any declaration under sub-section (2) of section 8, it shall be lawful for the [84][District Officer (Revenue)] to—

            (a)   take possession of the area specified in such declaration;

            (b    eject all persons therefrom; and to

            (c)   deal with such area, while it remains vested in [85][Provincial Government], as if it were the absolute property of [86][Provincial Government].

11.    Bar of compensation for acts done under section 8, 9 or 10.— No person shall be entitled to any compensation for anything at any time done, in good faith, in exercise of any power conferred by 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 the Punjab Land Preservation (Chos) Second Amendment Act, 1926 (VIII of 1926)section 4.

POWER TO ENTER UPON AND

DELIMIT NOTIFIED AREAS AND BEDS

13.    Power to enter upon, survey and demarcate [87][* * *] areas notified under section 3 or section 8.— It shall be lawful for the [88][District Officer (Revenue)] and for his subordinate officers, servants, care-takers and workmen, from time to time, as occasion may require,—

      (a)   to enter upon, and survey any land comprised within any
[89][* * *] area in regard to which any notification, has been issued under section 3 or section 8 [90][or in regard to which a notification is proposed to be issued under section 5-A];

      (b)   to erect bench-marks on and to delimit and demarcate the boundaries of any such [91][* * *] area; and

      (c)   to do all other acts and things which may be necessary in order adequately to preserve or protect any land or to give effect to all or any of the provisions of this Act:

      Provided that reasonable compensation, to be assessed and determined in the manner in this Act provided, shall be made in respect of any damage or injury caused to the property or rights of any person in carrying out any operations under the provisions of this section, but no such compensation shall be payable in respect of anything done under the said provisions within the limits of any [92][* * *] area notified under section 8.

INQUIRY INTO CLAIMS AND

AWARD OF COMPENSATION

14.    Inquiries into claims and awards thereupon.— (1) The [93][District Officer (Revenue)] shall—

      (a)   fix a date for inquiring into all claims made under section 7
[94][* * *] and may in his discretion, from time to time adjourn the inquiry to a date to be fixed by him;

      (b)   record in writing all statements made under section 7;

      (c)   inquire into all claims duly preferred under section 7 [95][* * *] and

      (d)   make and award upon each such claim, setting out therein the nature and extent of the rights claimed, the person or persons making such claim, the extent (if any) to which, and the person, or persons in whose favour, the right claimed is established, the extent to which it is to be restricted or [96][prohibited] and the nature and amount of the compensation (if any), awarded.

      (2)  For the purposes of every such inquiry the [97][District Officer (Revenue)] may exercise all or any of the powers of a Civil Court in the trial of suits under the [98]Code of Civil Procedure.

      (3)  The [99][District Officer (Revenue)] shall announce his award to such persons interested, or their representatives, as are present, and shall record the acceptance of those who accept it. To such as are not present, the [100][District Officer (Revenue)] shall cause immediate notice of his award to be given.

15.   Method of awarding compensation and effect of such award.— (1) In determining the amount of compensation the [101][District Officer (Revenue)] shall be guided, so far as may be, by the provisions of sections 23 and 24 of the Land Acquisition Act, 1894[102], and as to matters which cannot be dealt with under those provisions, by what is just and reasonable in the circumstances of each case.

      (2)  The