THE
(Punjab Act XXI of
1952)
C O N T E N T S
Sections
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION OF THE BOARD
3. The Board a body corporate.
4. Constitution of the Board and term of office of members.
5. Power of Government to alter membership of the Board.
CHAPTER III
PROCEEDINGS
OF THE BOARD, ITS COMMITTEES, OFFICERS AND SERVANTS AND SUPPLY OF INFORMATION
TO GOVERNMENT
6. Meetings of the Board.
7. Temporary association of members with the Board.
8. Constitution and functions of Committees.
9. Meetings of Committees.
10. Appointment of officers etc.
11. Recruitment, conditions of service and disciplinary powers.
12. Control by Chairman.
13. Delegation of powers.
14. Supply of information and documents to Government.
15. Scrutiny
of soil reclamation activities of other departments.
16. Use of mechanical plants of departments.
CHAPTER IV
SCHEMES AND PROCEDURE TO BE FOLLOWED IN FRAMING THEM
17. Scheme for reclamation.
18. Publication of notice as to schemes and supply of documents to applicants.
19. Notice of proposed acquisition of land.
20. Consideration of objections and application for sanction of scheme.
21. Government may sanction, reject or return scheme.
22. Notification of sanction of scheme.
23. Alteration of scheme after sanction.
24. Merging of different schemes in one consolidated scheme.
25. Passing over of works and services to owners.
26. Control over underground water.
CHAPTER V
POWER AND DUTIES OF
THE BOARD
27. Notification of local area.
28. General powers.
29. Power of controlling and letting of land.
30. Facility in the movement of population.
31. Surveys or contribution towards their cost.
32. Power of entry.
ACQUISITION, ABANDONMENT OF ACQUISITION OF LAND AND LEVY OF RECLAMATION FEE
33. Modification of Act I of 1894.
34. Acquisition of land in urgent cases.
35. Tribunals.
36. Appeals.
37. Abandonment of acquisition.
38. Reclamation fee.
39. Fresh acquisition.
CHAPTER VII
FINANCE
40. Board Fund.
41. Board to levy taxes.
42. Grants-in-aid.
43. Borrowing of money.
44. Custody and investment of Board funds.
45. Procedure on failure of the Board to repay loans.
46. Recouping of payments made by Government.
47. Payment by Government to be a charge on the property of the Board.
CHAPTER VIII
RULES AND BYE-LAWS
48. Power of Government to make rules.
49. Power of the Board to make bye-laws.
50. Printing and sale of copies of rules and bye-laws.
51. Power of Government to cancel bye-laws made under section 49.
CHAPTER IX
PROCEDURE AND PENALTIES
52. Signature on notice, summons, order, requisition, proclamation or bill.
53. Method of giving public notice.
54. Service of notice.
55. Penalty for disobedience.
56. Powers of the Board to execute works on failure to comply with notice, summons, order or requisition.
57. Liability of occupier to pay in default of owner.
58. Right of occupier to execute works in default of owner.
59. Opposition to execution by occupier.
60. Recovery of cost of execution by the occupier from owner.
61. Relief to agents and trustees.
62. Penalty for removing machinery, etc.
63. Penalty for obstructing land reclamation operations or a contractor or removing mark.
64. Power of Board in case of squatters and trespassers and persons in the unauthorised possession of land.
65. Penalty for unauthorised cultivation, etc.
66. [Repealed]
CHAPTER X
SUPPLEMENTAL
PROVISIONS
67. Members, etc., deemed public servants.
68. Contribution by the Board towards leave, allowances and pensions of Government servants.
69. Authority for prosecution.
70. Recovery of dues.
71. Powers of Chairman as to institution, etc., of legal proceedings and obtaining legal advice.
72. Indemnity of acts under the Act.
73. Notice of suit against the Board, etc.
74. Mode of proof of the records.
75. Restriction on the summoning of the servants of the Board to produce documents.
76. Validation of acts and proceedings.
77. General power of the Board to pay compensation.
78. Compensation for damage to Board’s property.
79. Ultimate dissolution of the Board and transfer of its assets and liabilities to an Administrator.
SCHEDULE
MODIFICATIONS IN THE LAND ACQUISITION ACT I OF 1894 HEREIN AFTER CALLED “THE SAID ACT”
1. Amendment of section 3.
2. Notification under section 4 and declaration under section 6 to be replaced by notification under sections 18 and 22 of this Act.
3. Amendment of section 11.
4. Amendment of section 15.
5. New section 16-A.
6. Amendment of section 17.
7. Amendment of section 18.
8. Amendment of section 19.
9. Amendment of section 20.
10. Amendment of section 23.
11. Amendment of section 24.
12. New section 24-A.
13. Amendment of section 25.
14. Amendment of section 31.
15. New section 48-A.
16. Amendment of section 49.
17. Amendment of section 50.
18. Deletion of Section 54.
[1]THE PUNJAB SOIL RECLAMATION ACT, 1952
(Punjab Act
XXI of 1952)
[14 July 1952]
An
Act to provide for the speedy reclamation and improvement of the areas damaged
by thur and sem
[2][for preventing further damage and for
maximizing agricultural production]
Preamble.— WHEREAS it is expedient to make provision for the speedy reclamation and improvement of the areas damaged by thur and sem, [3][for preventing further damage and for maximizing agricultural production];
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the [4][Punjab] Soil Reclamation Act, 1952.
(2) It extends to the whole of [5][the Punjab except the Tribal Areas.]
(3) It shall come into force at once, but the provisions of Chapters IV to VI shall apply only to such areas and from such date as may be specified in the notification issued under section 27.
2. Definitions.— In this Act unless there is anything repugnant in the subject or context—
(i) “Board” means the [6][Punjab Land and Water Development Board] appointed under this Act;
[7][(ii) “canal officer” means an officer defined as such in the Canal and Drainage Act, 1873[8], or the Sind Irrigation Act, 1879[9], as may be applicable to the area, and includes any officer appointed under this Act to exercise all or any of the powers of a canal officer;
(iii) “canal”, “water-course” and “drainage work” have the same meanings as are assigned to them respectively in the Canal and Drainage Act, 1873[10], or the Sind Irrigation Act, 1879[11], as may be applicable to the area;]
(iv) “Chairman” means the Chairman of the [12][Punjab Land and Water Development Board] appointed under section 4 of this Act;
(v) “Collector” includes any officer appointed under this Act to exercise all or any of the powers of a Collector;
(vi) “Commissioner” includes any officer appointed under this Act to exercise all or any of the powers of a Commissioner;
(vii) “Department” means a department of the [13][* * *] Government;
(viii) “District” means a district as fixed for revenue purposes;
(ix) “Government” means the [14][Provincial Government of the Punjab];
(x) “holding” means a share or portion of an estate held by one land owner or by two or more land owners jointly;
(xi) “improvement” means improving or preserving the productive capacity of a soil;
(xii) “land” includes land as defined in clause (a) of section 3 of the Land Acquisition Act, 1894[15];
(xiii) [16][* * * * * * * * * * * *]
(xiv) “local area” means an area to which the provisions of Chapters IV to VI of this Act have been extended;
(xv) “local authority” has the same meaning as in section 2 of the Local Authorities Loans Act, 1914[17];
(xvi) “Member” means member of Soil Reclamation Board appointed under section 4 of this Act;
[18][(xvi-A) “officer” means an officer of the Board other than the Chairman or a member;]
(xvii) “Prescribed” means prescribed by rules made by Government under this Act;
(xviii) “Reclamation fee” means a fee imposed for soil reclamation under this Act;
(xix) [19][“rent” includes rent as defined in any law relating to tenancy for the time being in force in the area;]
(xx) “scheme” means a scheme framed under this Act;
(xxi) “Secretary” means Secretary of the Board [20][* * *];
(xxii) “sem” means the rise of sub-soil water-table so high that the water actually oozes out of the land or the land remains constantly damp and where the context so permits “sem”, “sem land” or “sem affected land” means any land or area affected by “sem” and includes such land or areas as may by notification be declared as “sem” from time to time;
(xxiii)
[21][“soil reclamation” and “reclamation” means
rendering thur and sem lands free
from excessive salts and water respectively so as to make them fit for normal
cropping and include—
(a) measures against deterioration of land;
(b) total development of the area with a view to
maximizing agricultural production; and if any, question arises—
(1) whether any matter comes within the purview of
the terms “soil reclamation” and “reclamation” or not, or
(2) as to the extent of reclamation operations carried out, or required to be carried out in any area,
the question shall be referred to the Board, whose decision shall be final and shall not be called in question by or before any Court.]
(xxiv) “tenant” includes the predecessors and successors-in-interest of a tenant;
(xxv) the expressions “tree”, “timber” and “cattle”
have the meanings respectively assigned thereto in the Forest Act, 1927[22];
(xxvi) “thur” means salt efflorescence at the surface of the land rendering the surface white, ash coloured, black or brown, or not discoloured but presenting an oily appearance and where the context so permits “thur”, “thur land” or “thur affected land” means any land or area affected by thur and includes such land or area as may by notification be declared as “thur” from time to time;
(xxvii) “Tribunal” means a Tribunal constituted under
this Act; and
(xxviii) “tubewell” means well, worked with electric or
thermal power to draw out sub-soil water.
CHAPTER
II
CONSTITUTION OF THE BOARD
3. The
Board a body corporate.— The duty
and power of carrying out the provisions of this Act in any local area shall,
subject to the conditions and limitations hereinafter contained, be vested in
the Board which shall be a body corporate, and shall have perpetual succession
and a common seal, and shall be competent to sue and be sued in its name.
[23][4. Constitution of the Board and term of office of members.— (1) The Board shall consist of—
(a) Chairman appointed by Government, who shall not be below the status of Member Board of Revenue, [24]West Pakistan;
(b) five members, who shall be Secretaries to Government of
[25][the Punjab] in the Departments of Finance,
Irrigation, Agriculture, Co-operation, Basic Democracies, and Local Government;
(c) Chairman, [26][the Punjab] Water and Power Development Authority; and
(d) Chairman,
[27][the Punjab] Agricultural Development Corporation.
(2) Every member shall be appointed by virtue of office and continue to be a member so long so he holds that office.
5. Power of Government to alter membership of the Board.— Government shall have the power to alter the membership of the Board as and when considered necessary.]
CHAPTER III
PROCEEDINGS
OF THE BOARD, ITS COMMITTEES, OFFICERS AND SERVANTS AND SUPPLY OF INFORMATION
TO GOVERNMENT
6. Meetings of the Board.— (a) The Board shall ordinarily meet for the transaction of business at least once [28][in two months] at such time as the Chairman may fix, provided that the Chairman may, whenever he thinks fit, and shall, upon the written request of not less than two members, and within 10 days of the request, call a special meeting.
(b) The quorum necessary
for the transaction of business at an ordinary or special meeting shall be
three, provided that if at any such meeting a quorum is not present, the
Chairman or if he be not present the Secretary subject to such directions as
the Chairman may have given, shall adjourn the meeting to such other day as he
may think fit and the business which would have been brought before the
original meeting, if there had been a quorum present, shall be brought before
and transacted at the adjourned meeting whether there be a quorum present or not.
(c) At every meeting the Chairman, if he be present, and in his absence such one of the members present as may be chosen by the meeting, shall preside.
(d) All questions which come before any meeting shall be decided by a majority of the votes of the members present, the Chairman of the meeting in case of an equality of votes having a second or casting vote.
(e) (i) Minutes of the proceedings with the names of the members present at each meeting shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the person presiding at the meeting within one week of the meeting to which these relate, and shall at all reasonable times be open to inspection by any member, and no member shall be entitled to object to the minutes of any meeting unless he was present at the meeting to which they relate.
(ii) The minutes of a meeting shall be put up at the next meeting and shall be confirmed with such alterations as may be necessary to bring them in accord with the true facts of the proceedings of the meeting.
7. Temporary association of members with the Board.— (1) The Board may associate with itself in such manner and for such period as may be prescribed by bye-laws made under section 49, any officer of a Government department or other person whose assistance or advice it may desire in carrying out any of the provisions of the Act.
(2) An
officer or person associated with itself by the board under sub-section (1) for
any particular purpose, shall have a right to take part in the discussions of
the Board relative to that purpose, but shall not have a right to vote for its
decision and shall not be deemed to be a member of the Board or be entitled
even to take part in discussion regarding any purpose other than the purpose
for which he was associated.
8. Constitution and functions of Committees.— (1) The Board may from time to time appoint Committees consisting of such persons of any of the following classes as it may deem fit, namely:-
(i) members;
(ii) persons associated with the Board under section 7; and
(iii) other persons whose services, assistance or advice the Board may desire as members of such committees;
provided that no such
Committee shall consist of less than three persons and that at least one of
them shall be a member of the Board and the Secretary shall be ex-officio Secretary of every such
Committee.
(2) The Board may:-
(a) refer to a Committee for inquiry and report
any matter relating to any of the purposes of this Act; and
(b) delegate to a Committee by resolution and
subject to any bye-laws made under section 49, any of the powers or duties of
the Board.
(3) The Board may at any time dissolve or, subject to the provisions of sub-section (1), alter the constitution of any Committee.
(4) Every Committee shall conform to instructions given to it by the Board from time to time.
(5) All proceedings of a Committee shall be subject to confirmation by the Board.
(6) Any person associated with the Board under sub-section (1) of section 7 or appointed as member of a Committee under clause (iii) of sub-section (1) shall be entitled to receive such remuneration as may be [29][fixed by the Board.]
9. Meetings of Committees.— (1) Committees appointed under section 8 may meet and adjourn as they think proper; but the Chairman of the Board may whenever he deems fit call a special meeting of any such Committee, and shall call a special meeting upon the written request of not less than two members of the Committee within 10 days of the receipt of the request.
(2) A meeting of a Committee shall be presided over;
(i) by the Chairman if he be present; or
(ii) if the Chairman be not present and there be present only one member of the Board who is on the Committee, by such member; or
(iii) if there be not present the Chairman but there be present more than one members of the Board who are on the Committee by any one of them chosen by the Committee for the purpose; or
(iv) if there is no member of the Board present who is on the Committee, by any member of the Committee chosen by the Committee.
(3) All questions which come before any meeting of a Committee shall be decided by a majority of the votes of the members present, the person presiding at the meeting having a second or casting vote in case of equality of votes.
(4) No business shall be transacted at any meeting of a Committee unless at least two of its members are present. In the case of want of quorum the Chairman or if he be not present the Secretary shall proceed under the provisions of the proviso to section 6(1)(b).
[30][10. Appointment of officers etc.— (1) The Board may appoint such officers, advisers and servants as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit.
(2) The
Chairman may, in cases of emergency appoint such officers, advisers or servants
on such terms and conditions as he thinks fit:
Provided that every such appointment shall be reported to the Board without unreasonable delay and shall not continue beyond six months unless approved by the Board.]
[31][11. Recruitment, conditions of service and disciplinary powers.— (1) Procedure for the appointment of the officers and servants of the Board and the terms and the conditions of their service shall be such as may be provided by bye-laws.
(2) Subject to rules and bye-laws, the Board shall be competent to take disciplinary action against its officers and servants.]
12. Control
by Chairman.— The Chairman shall
exercise supervision and control over all officers and servants of the Board
and subject to the foregoing sections, shall dispose of all questions relating
to the service of these officers and servants and their pay, privileges and
allowances.
[32][13. Delegation of powers.— (1) The Board may delegate to the Chairman or any member or officers any of its powers under this Act or the rules or bye-laws.
(2) The Chairman may likewise delegate to any member or officers any of his powers under this Act or the rules or bye-laws, not being a power delegated to him by the Board under sub-section (1).]
14. Supply of information and documents to Government.— (1) The Chairman shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Board within ten days from the date on which such minutes are signed as prescribed in clause (e) of sub-section (1) of section 6.
(2) If the Government so directs in any case the Chairman shall forward to it a copy of all the papers which were laid before the Board for consideration at any meeting.
(3) the Government may require the Chairman to furnish it with:-
(i) any return, statement, estimate, statistics or other information regarding any matter under the control of the Board; or
(ii) a report on any such matter; or
(iii) a copy of any document in the charge of the Chairman, or in the office of the Board.
The Chairman shall comply with every such requisition without unreasonable delay.
15. Scrutiny of soil reclamation activities of other departments.— The Board shall have powers, subject to any rules that may be framed by the Government, to scrutinize the activities of other departments affecting soil reclamation.
16. Use of mechanical plants of departments.— The Board shall be provided, subject to any rules that may be framed by the Government, if necessary, mechanical plants belonging to the various departments.
CHAPTER IV
SCHEMES AND PROCEDURE TO BE FOLLOWED IN FRAMING THEM
17. Scheme for reclamation.— The Board may on its own motion or on the application of any owner or any person interested in land within a local area frame or require a department [33][or any other agency] to frame, a scheme for reclamation of the local area or part thereof or for prevention of the spread of thur or sem likely in the opinion of the Board to threaten the local area in the near future [34][Providing amongst others for all] or any of the following matters:-
(i) The acquisition under the Land Acquisition Act, 1894, as modified by this Act, of any land or any interest in land necessary for or affected by the execution of the scheme.
(ii) The acquisition by purchase, lease, exchange or otherwise of such land or interest therein.
(iii) The retention, letting on hire, lease, sale,
exchange or disposal otherwise of any land vested in or acquired by the Board.
(iv) The relaying of any land comprised in the scheme and reservation of any part thereof not exceeding one-fifth of the total area for the common purposes of the village or villages comprised totally or partially in the scheme, and the redistribution of the rest of the land among the owners of the property comprised in the scheme, and management of lands reserved for common purposes.
(v) The layout and construction of villages including the demolition of the existing buildings by the Board or by the owners and by the Board in case of default by the owners.
(vi) The provision of facilities for communication including the layout and the alteration of roads, streets, footpaths, bridle paths and waterways.
(vii) The breaking up, cultivation, afforestation or plantation of lands, and the raising, lowering or reclamation of any land for the production of foodgrains, fruits, vegetables, fuel, fodder and the like and the provisions of means of irrigation and irrigation channels by the Board or by the owners, and the Board in default of owners, the cost being recoverable from the owners in the latter case, if considered justified by the Board.
(viii) The draining of villages and land.
(ix) The provision of a system of drains, open or covered and outfalls for the improvement of ill-drained lands.
(x) The provision of fisheries, poultry farms, live-stock farms, dairy farms, sheep farms, bee farms, sericulture farms and the like.
(xi) The installation, management and maintenance of tube-wells and lifting and disposal of underground waters by other means.
(xii) The doing of all acts intended to promote the health, well being and prosperity of the residents of a local area, including the soil conservation and preservation from injury or pollution of rivers and other sources and means of water-supply.
(xiii) The advances to the owners, occupiers or tenants of land comprised in the scheme upon such term and conditions as may be prescribed under the scheme of the whole or part of the capital requisite for breaking up and cultivation of land, construction of watercourses, digging drains, laying pipes overground and underground, sinking of wells, purchase of cattle, agricultural implements, machinery and seeds and for any purposes subsidiary to agriculture and for erection of houses, godowns and cattle sheds.
(xiv) The establishment of an insurance fund for insurance on compulsory or voluntary basis of crops, and cattle, recovery for insurance premia, contribution and distribution of benefits from the insurance fund subject to the provisions of any law applicable thereto.
(xv) The execution or carrying out of survey of any scheme or part of the scheme by any department on such terms and conditions as may be agreed upon between the Board and the Government.
(xvi) Replacement of canal water-supply by tube-well or open well in part or whole.
(xvii) Carrying out of research work relating to soil reclamation through any department where the facilities exist or can be provided for.
(xviii) Carrying out of lining of channels in consultation with the Irrigation Department where the Board considers such a measure desirable.
(xix) All other matters which the Board with the approval of the Government or the Government may deem necessary to promote the general efficiency of a scheme or for the reclamation and improvement of any local area.
(xx) Notwithstanding anything contained in the Canal and Drainage Act, 1873[35], to provide for, in a local area—
(a) the improvement, alteration, extension or curtailment of any watercourse;
(b) the amalgamation or separation of any irrigation chak;
(c) the transfer of any area from one source of irrigation to another;
(d) the temporary increase or decrease of water allowance to any area or total curtailment of water-supply;
(e) the alteration, amendment or cancellation of any order already in force regarding the distribution of water on any water-course or the mutual rights or liabilities in respect of the use, construction or maintenance of a water-course or the issue of a fresh order superseding any existing order or mutual agreement;
(f) the prohibition of growing of any crops or laying down any specific crop rotation;
(g) the application of any type and quantity of manuring whether green, artificial or farm yard; and
(h) the construction of any field drains and
drainage works.
18. Publication of notice as to schemes and supply of documents to applicants.— (1) when a scheme under this Act has been framed, the Board shall prepare a notice stating:-
(i) the fact that the scheme has been framed;
(ii) the boundaries of the locality comprised in the scheme; and
(iii) the place at which details of the scheme including a statement of the land proposed to be acquired or on which it is proposed to charge a reclamation fee and a general map of the locality comprised in the scheme, may be inspected during specified hours.
(2) The Board shall—
(i) cause the said notice to be published weekly for three consecutive weeks in the official Gazette and in a newspaper or newspapers selected by the Chairman for the purpose specifying the period which shall not be less than 30 days within which objections against the scheme will be received; and
[36][(ii) send a copy of the notice to—
(a) the Deputy Commissioner of each District and the Chairman of each District Council and Union Council within whose jurisdiction the whole or any part of the locality comprised in the scheme is situated and ask them to send to the Board, within six weeks from the date of the receipt of the copy of the notice; any representation which they may wish to make in respect of the scheme; and
(b) each police-station and patwarkhana within whose jurisdiction the whole or any part of the locality comprised in the scheme is situated for displaying it at a conspicuous place in the police-station or patwarkhana, as the case may be, for public information.]
(3) The Chairman shall cause copies of the documents referred in clause (iii) of sub-section (1) to be delivered to any person applying for the same on payment of such fees as may be prescribed.
19. Notice of proposed acquisition of land.— (1) During the thirty days next following the first day on which any notice is published under section 18 in respect of any scheme under this Act, the Board shall serve a notice on—
(i) every person whom the Board has reason to believe after due enquiry to be the owner of any immovable property which it proposes to acquire for executing the scheme [37][* * *].
(ii) the
occupier or tenant (who need not be named) of such premises or land as the
Board proposes to acquire for executing the scheme.
(2) Such notice shall—
(a) state that the Board proposes to acquire such
property
[38][* * *] for the purposes of carrying out a scheme
under this Act, and
(b) require such person, if he objects to such
acquisition
[39][* * *] to state his reason in writing within a
period of 30 days from the service of the notice.
(3) Every such notice shall be signed by the Chairman or by an officer of the Board authorised by him.
20. Consideration of objections and application for sanction of scheme.— After the expiry of the period respectively prescribed in clauses (i) and (ii) of sub-section (2) of section 18 and clause (b) of sub-section (2) of section 19, the Board shall consider any objection or representation received in response to the notice and after hearing all persons making any such objection or representation who may desire to be heard in person or through representative, the Board may either abandon the scheme or apply to the Government for sanction of the scheme as originally framed or with such modifications as the Board may deem necessary.
(2) The application made by the Board to Government under sub-section (1) shall be accompanied by—
(i) complete plans and details of the scheme and an estimate of the cost of executing it;
(ii) a statement of the reasons for modifications, if any, made in the scheme as originally framed;
(iii) a statement of objections and representations, if any, received under section 18;
(iv) a list of the names of the persons, if any, who have objected under clause (b) of sub-section (2) of section 19, to the proposed acquisition of their property [40][* * *] and a statement of the reasons given for such objections; and
(v) a statement of the arrangements made or proposed by the Board for the resettlement or rehousing of persons who are likely to be displaced by the execution of the scheme.
21. Government may sanction, reject or return scheme.— (1) The Government may sanction with or without modifications, or may refuse to sanction or may return for reconsideration any scheme submitted to it under section 20.
(2) If a scheme returned for reconsideration under sub-section (1) is modified by the Board, it shall be re-published in accordance with the provisions of section 18, in every case in which the modification affects the boundaries of the locality comprised in the scheme or involves the acquisition of any land not previously proposed to be acquired, or the levy of reclamation fee on the land which was not previously proposed to be liable to such reclamation fee.