THE PUNJAB LAND PRESERVATION ACT, 1900
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Main Category: | Acts | ||||||||||||||||||||||||||||||||||||||||||||
Specific Category Name: | Land | ||||||||||||||||||||||||||||||||||||||||||||
Year | 1900 | ||||||||||||||||||||||||||||||||||||||||||||
Promulgation Date: | 10-10-1900 | ||||||||||||||||||||||||||||||||||||||||||||
Details: | THE PUNJAB LAND
PRESERVATION ACT, 1900 Sections
GENERAL DEFINITIONS 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. Publication of order. 7. Proclamation of regulations, restrictions
and prohibitions and admission of claims
for compensation for rights which are restricted or extinguished. 7-A. Deputy Commissioner's power regarding
execution of works and taking of measures. CONTROL OVER THE BEDS ON
NALAHS 8. Action when Provincial Government considers
it desirable to take measures toregulate
the beds of Nalahs, Vesting of such beds in the Provincial Government, 9. Effect of notification to suspend or extinguish private rights in
the area notifiedunder section 8. 10. Power of Deputy Commissioner 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 sections
8, 9 or 10 12. Condition as to sale of land acquired
under the Act and obligation of ProvincialGovernment
to keep account of moneys expended on such land. POWER TO ENTER UPON AND
DELIMIT NOTIFIED AREAS 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
areas. 17. Mode of proclaiming notifications and of
serving notices, orders and processes,issued
under the Act. 18. Appeal, review and revision. PENALTIES, BAR OF SUITS
AND RULES. 19. Penalty for offences. 20. Application of provisions of Act XVI of
1927. 21.
Bar of suits. 22.
Power to make rules. [1][THE][2][WEST
PAKISTAN] AND RESERVATION ACT, 1900 (Punjab Act II of 1900) [10th October, 1900] PRELIMINARY
[8][(2)]It
shall extend to the whole of the [9][Khyber
Pakhtunkhwa] except the Tribal Areas.] [10][(3)]
It shall come into force at once.
(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; (b)
[12][* *]The
expression "nalali" 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][l927]; (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 "Deputy Commissioner" includes any
officer or officers at any time specially appointed by the [17][Provincial
Government] to perform the functions of a Deputy Commissioner, under this Act, (f)
[18][* *] the expression
"rightholder" includes- (i) persons not being tenants or mortgages
having rights to or in
land; and (ii) persons having rights of collection of
forest produce or of grazingor 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 [19][3].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.]
(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 limehad 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 [22][of
right holder in such area]; (d) the setting of fire of trees, timber or forest produce: (e) the admission, herding, pasturing or retention of sheep, [23][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 there from, or to pasture sheep, [24][goats
or camels] or to cultivate or erect buildings
therein and the production and return of such permits by such persons.
(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 [28][for
any purposes]; and (d) the admission, herding,
pasturing or retention of cattle generally other than sheep, [29][goats
and camels] or of any class or description of such cattle.
(a) thelevelling, 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.]
the Deputy Commissioner shall cause public notice of the provisions of such
general or special order to be given, and if the provisions of any such order
restrict or [38][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 [39][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
Commissioner, the Deputy Commissioner may admit any such claim as if it had
been made within such period.
(2) Every such notice
shall state the time within which the works are to be executed or measures are
to be taken. (3) Aperson 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 Deputy
Commissioner may allow in this behalf, serve a notice of his objections on the
Deputy Commissioner 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 Deputy Commissioner
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 01 objection on each
other person referred to and on the hearing of the objection the Deputy
Commissioner may make such order as he thinks fit with respect to the person by
whom any work is to be executed or measure is to be taken and the contribution
to be made by any other person towards the cost of the work or measure, or as
to the proportions in which any expenses which may become recoverable by the
Deputy Commissioner 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 Deputy Commissioner shall have regard— (a) as between an
owner and an occupier, to the terms and conditions, whether contractual or
statutory, of the tenancy and to the nature of the works and measures required;
and (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 Jaw 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 Deputy Commissioner may himself or by an agent execute the work 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 Deputy Commissioner to wait for the decision
of any objection other than at 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 assess ed on all the lands owned by him in the [42][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 Deputy Commissioner 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 Deputy Commissioner in this behalf shall be final and conclusive evidence
of the sum so recoverable and the person liable for the same. (9) livery 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 Deputy
Commissioner may by general or special order authorise any revenue officer
subordinate to him to enquire in to any objection that may be brought under
this section: Provided that no
final order on any such objection shall be passed except by the Deputy
Commissioner himself. (11) In making an order
on objections brought under this section, the Deputy Commissioner 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, 1887. CONTROL OVER THE BEDS OF [43][NALAHS]
(a)regulating the flow of
water within and preventing the (b) reclaiming or
protecting any land situate within the limits of such bed; (2) If the whole or
any part of the bed of any [46][nalah]
be unclaimed, or, if, in the opinion of the [47][Provincial
Government], the measures deemed necessary under sub-section (1) are of such
acharacter, in regard to extent and cost, that the interference of the 1 [48][Provincial
Government] is
absolutely necessary, or
in the event of the owner or occupier of any portion of the bed of any [49][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[50][nalah]
shall [51][vest
in Provincial Government] [52][*
* *] 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 [53][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 [54][Provincial
Government] may, from time to time, by like notification, extend the period
during which any such area shall remain vested in [55][the
Provincial Government].
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.
(a) take possession of the
area specified in such declaration; (b) ejectall persons there from : and to (c)deal with such area, while it remains vested in [59][Provincial Government],
as if it were the absolute property of [60][Provincial Government].
12, [Condition ay to sale of land acquired
under the Act and objection of Local Government to keep account of moneys
expended on such land]—Repealed by A ct VII of 1926 s. 4 POWER TO ENTER UPON AND
DELIMIT NOTIFIED AREAS AND BEDS
(a) to enter upon, and
survey any land comprised within any [62][
* *] area in regard to
which any notification, < has been issued under sections or sections [63][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 [64][*
*] area; and (c) to do
all other acts and things which may be necessary in order adequately to
preserve or project 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 [65][*
*] area notified under section 8. INQUIRY INTO CLAIMS AND
AWARD OF COMPENSATION 14.
(1) The Deputy Commissioner shall— (a)
fix a date for inquiring into all claims made under
section7 [66][*
* ] 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 und OT section 7 [67][
* *]; and (d) make arid 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 person in
whose favour, the right claimed is established, the extent to which it is to be
restricted or[68][prohibited]
and the nature and amount of the compensation (if any), awarded. (2) For the purposes of every such inquiry the Deputy
Commissioner may exercise all or any of the powers of a Civil Court in the
trial of suits under the Code of [69][Civil
Procedure]. (3) The Deputy Commissioner 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
Deputy Commissioner shall cause immediate notice of his award to be given.
(2) The Deputy
Commissioner may, with the sanction of the [70][Provincial
Government] and the consent of the person entitled, instead of money award
compensation in land or by reduction in revenue or in any other form. (3) If, in any
case, the exercise of any right is prohibited for a time only, compensation
shall be awarded only in respect of the period during which the exercise of
such right is so prohibited. (4)
[71][*
*
*
* *] PROCEDURE, RECORDS AND APPEAL
(a) existing within such
area at the time of the publication of the notification relating thereto under
section 3 or section 8; and (b) regulated, restricted, or [72][* * ] [73][prohibited]
by any order under section 4 or section 5.
[74][(2)]The procedure
prescribed for the service of summons, notice, order or proclamation under the
law relating to land revenue for the time being in force, shall be
followed, as far as may be, in proceedings under
this Act.]
Provided that
nothing in this Act contained shall be deemed to exclude the jurisdiction of
any Civil Court to decide any dispute arising between the persons interested
in any compensation awarded as to the apportionment or distribution thereof
amongst such persons or any of them. PENALTIES, BAR OF SUITS AND RULES.
(a) regulating the procedure to be observed in any
inquiry or proceeding under this Act; and (b)
generally for the purpose of carrying into effect all or any of the provisions
of this Act. (2) All
rules made under this section shall be published in the [84][Official
Gazette]. [1].
For statement of objects and Reasons, See Punjab Gazette, H99, Pa
t V-APage13, Report of the Select Committee,
See ibid, 1900, Part-V Page ].for proceeding in Councils, See ibid, 1899,
Part-VI, Pages and ibid 1900 Part.
VI Page 12. [2]. Subs by 11. P
ord No. VI of 1963. [3]. Omitted and Subs by A.W.F.P. A. L. O, 1975. [4]. Omitted by Punjab Act, No- XI,194,25. [5]. The Preamble Omitted, Ibid, 8 3 [6]. Omitted and Subs by A.W.F.P. A. L. O, 1975. [7]. The brackets and the word "(Chos)" omitten by Punjab. \d No. IV of 1944 52 (a). [8]. Subs by W. Pord No. VI of ]963 for Sub Section (2). [9]. Subs by Khyber PakhtunkhwaA.L.O. 1975. [10]. The original Sub-Section (2) re-cumbered as Sub-Section 3) by Punjab Act No. XI of 1942, S. 4 (a). [11]. The word "Local" Omitted by Punjab Act IV of 1944, S. 3 (a). [12]. Subs, for the original clause (b) by Punjab Act XV of 1955, s. 2, Sch. 1, Part-II [13].
Subs, for the words "Punjab" by W. P. Ordinance VI of
1963, s. 4. [14]. The words "Indian" omitted by Punjab Act XV of 1955, s. 2, Sch. T, Part-11. [15]. Subs, for the figures "1878,, by Punjab Act IV of 1944,8.3 (b [16].
The word "and" omitted ibid, s. 3 (c), [17]. Subs, for the words "Local Government" by A. O., 1937. [18]. Add, by Punjab Act IV of 1944, s. 3 (c). [19].
Subs, for the original section (3) by Punjab Act XI of 1942, s. 5. [20]. Subs. for the words "Local Government", by A. O., 1937. [21]. The words "or permanently" omitted by Punjab Act VII of 1926. [22].
Add. by Punjab Act IV of 1944, s. 4. [23].
Subs, ibid, for the words "or
goats". [24].
Subs, ibid, for the words "or
goats". [25]. For notification see Punjab Local Roles and Orders. [26]. Subs. for the words "Local Government", by A. O., 1937. [27]. The words "or permanently" omitted by Punjab Act VII of 1926. [28].
Subs, for the words "for bonafide domestic
or agricultural purposes", by Punjab Act IV of 1905. [29]. Subs, for the words ''and goats" by Punjab Act IV of 1944, s.5, [30]. Ins. ibid, s. 6. [31]. Subs, for the words and figures "section 4 or section 5", by Punjab Act IV of 1944. s. 7. [32]. Subs, for the word "Gazette", by A. O., 1937. [33].
Subs, ibid., for
the words "Local Government" [34]. Subs,
for the words "or Prohibitions" by Punjab Act IV of 1944. S. 7. [35].
The word "Local" Omitted by Act No Iv of 1944. s .
8. [36].
Ins. ibid. [37]. Subs, ibid, for the words and figures "section 4 or section 5". [38].
Subs, for the word "extinguish", by Punjab Act VII of
1926, s. 4. [39]. Subs. Ibid , for the words “any such rights are so restricted or extinguished". [40].
Ins. by Punjab Act IV of 1944, s. 9. [41]. Add. by Punjab Act XV of 1955, s. 2, Sch. I, Part-II. [42]. Subs, for the word "Punjab", by W, P. Ordinance VI of
1963, a. 5. [43]. Subs, for the words
"Chos" by Punjab Act XV of 1955, s. 2, Sch. I, Part-II.. [44]. Subs, for the words
"Local Government", by A. O., 1937. [45]. Subs, for the words "Chos" by Punjab Act XV of 1955, s. 2, Sch. I, Part-II.. [46]. Subs, for the words "Chos" by Punjab Act XV of 1955, s. 2, Sch. I, Part-II.. [47]. Subs,
for the words "Local Government", by A. O., 1937. [48]. Subs,
for the words "Local Government", by A. O., 1937. [49]. Subs, by Pb. Act XV of 1955. [50]. Subs, by Pb. Act XV of 1955. [51]. Subs for the words "Vest in His Majesty for the
purposes of the Province", by W. V. Laws
Adaptation Order, 1964, s. 2 (1) Sch.,
which were previously subs, for the words the
Government", by A.O. 1937, Sch. VI. [52]. The words "either absolutely and in perpetuity or" omitted by Punjab Act VIII of 1962, 8.2.' [53]. Subs, by Pb. Act XV of 1955. [54]. Subs for the words "Vest in His Majesty for the
purposes of the Province", by W. V. Laws
Adaptation Order, 1964, s. 2 (1) Sch., which were
previously subs, for the words the Government", by A.O.
1937, Sch. VI. [55]. Subs., for the words "His Majesty", by the West Pakistan Laws (Adaptation) Order 1964, s.2(l) Sch. Part-II. [56]. Subs, by Punjab Act VIII of 1926, s. 3, for the following
clauses:— " [57]. Subs, for the word "cho,, by Punjab Act XV of 1955, )s. 2, Sch. I, Part-D. [58]. Subs, for the words "His Majesty", by W. P. Laws (Adaptation) Order.1962 s. 2.)sSch.Part-II. [59]. Subs, for the words "His Majesty", by W. P. Laws (Adaptation) Order.1962 s. 2.)sSch.Part-II. [60]. Subs, for the words "His Majesty", by W. P. Laws (Adaptation) Order.1962 s. 2.)sSch.Part-II. [61]. The ward "Local", omitted by Punjab Act XV of 1955. 9.2. Sch. I. Part-II. [62].
The word "Local" omitted by Punjab Act IV of 1944, s.
10. [63]. Add. Ibid. [64]. The word "Local" omitted by Punjab Act IV of 1944, s.
10. [65].
The word "Local" omitted by Punjab Act IV of 1944, s.
10. [66]. The words "or section 12" omitted by Punjab Act VIII of 1926, 5. [67]. The words "or section 12" omitted by Punjab Act VIII of 1926, 5. [68]. Subs by Punjab Act No. VIII of 1926. [69]. Now the Code of Civil Procedure, 1908 (Act V of 1908). [70]. Subs, for the words "Local Government", by A. O., 1937. [71]. Repealed by Punjab Act VIII of 1926, s. C. [72]. The word "suspended'* omitted-by Punjab Act VIII of 1926, S. 7. [73]. Sub.
ibid, for the word "extinguished”. [74]. Subs., for the original sub-section (2), by W.P. Ordinance VI of 1963, s. 6. [75]. Since repealed by The Punjab Land Revenue Act, 1967. [76]. Ins.
by W. P ord No. VI of 1963 S. 7. [77]. The word "Local" omitted by Punjab Act IV of 1944, s. II. [78]. Subs, ibid for the words and figures "of restriction or prohibition imposed under section 4 or section 5". [79]. . Subs, for the words, figures and brackets
"The provisions of sections 52,53,54,55,56, 57,58,59,60,61,63 (excluding the Iattsentence).
64.65.66,67 and 72 of Indian Forest Act, 1878". by Punjab Act HI of
1944, s. 12. [80]. The word "Indian" omitted by Punjab Act XV of 1955, b. 2. Sch. I Part-11. [81]. Subs, ibid, for the words and figures "Act VII of 1878", [82]. Subs., for the words "Crown", by West Pakistan Laws
(Adaptation) Order 1964, s. 2,(1) Sch. Part-II which was previously subs.,
for the words "the Secretary of State for India in Council, or the
Government" by A. O.. 1937. [83].
Subs., for the words "Local Government", by A. O.,
1937. [84]. Subs, ibid, for the word "Gazette". |