THE WEST PAKISTAN AND RESERVATION ACT, 1900
{Punjab Act II of 1900
[10th October, 1900]
Act to provide for the better preservation and protection of Certain portions of the territories of 3[N'.W.F.P].
4[* * * *]
5[* * * *]
preliminary
Act to provide for the better preservation and protection of Certain portions of the territories of 3[N'.W.F.P].
4[* * * *]
5[* * * *]
preliminary
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1.(1) This Act may be
called the 6[* *] Act, 1900.
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Short title and
commencement.
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7(2) It shall extend to
the whole of the [N. W.F.P.] except the Tribal Areas.]
9[(3)] It shall come into force at once.
9[(3)] It shall come into force at once.
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2.
In this Act Unless a different intention appears from
the
subject or context,- |
Definitions.
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(a) the expression "land" means land
within any 10[* * *] 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;
1. For
statement of objects and Reasons, See Punjab Gazette, H99, Pa t V-A
Page 13, 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
Page 13, 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, Xo- XI,194,?.5,ff
5. The Preamble Omitted, Ibid, 8 3
6. The brackets and the word "(Chos)" omitten by Punjab. \d No. IV of 1944 5? (a).
7. Subs by W. Pord No. VI of ]96.i for Sub Section (2j.
8. Subs by M. W. F.P.A.L-O. 1975.
9. The original Sub-Section (2) re-cumbered as Sub-Section 3) by Punjab
Act No. XI of 1942, S. 4 (a).
10. The word "Local" Omitted by Punjab Act IV of 1944, S. 3 (a).
Land Preservation [1900 : Pb Act IT
3. Omitted and Subs by A.W.F.P. A. L. O, 1975.
4. Omitted by Punjab Act, Xo- XI,194,?.5,ff
5. The Preamble Omitted, Ibid, 8 3
6. The brackets and the word "(Chos)" omitten by Punjab. \d No. IV of 1944 5? (a).
7. Subs by W. Pord No. VI of ]96.i for Sub Section (2j.
8. Subs by M. W. F.P.A.L-O. 1975.
9. The original Sub-Section (2) re-cumbered as Sub-Section 3) by Punjab
Act No. XI of 1942, S. 4 (a).
10. The word "Local" Omitted by Punjab Act IV of 1944, S. 3 (a).
Land Preservation [1900 : Pb Act IT
1[(b) The
expression "nalali" means a stream or torrent flowing through
or from any mountain range within the 2[Province.]:
(c) the expressions "tree",
"timber," "forest-produce" and "cattle"
respectively, shall have the meanings severally assigned thereto in Section 2
of the 3[* * *] Forest Act 4[l927j;
(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, 5[* * *]
(e} the expression "Deputy Commissioner"
includes any officer or officers at any time specially appointed by the
6[Provincial Government] to perform the functions of a Deputy Commissioner,
under this Act,
7(f} 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 grazing or pasture: and
(g)the expression
"erosion" includes the removal or displacement of earth, soii,
stones or other materials by the action, of wind or water.]
NOTIFICATION AND REGULATION OF AREAS
8[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.]
1.
Subs, for the original olause (b) by Punjab Act XV of 1955, s. 2, Sch. 1,
Part-R.
2. Subs, for the words "Punjab" by W. P. Ordinance VI of 1963, s. 4.
3. The words "Indian" omitted by Punjab Act XV of 1955, s. 2, Sch. T, Part-11.
4. Subs, for the figures "1878,, by Punjab Act IV of 1944,8.3 (b).
5. The word "and" omitted ibid, s. 3 (c),
6. Subs, for the words "Local Government" by A. O., 1937.
7. Add, by Punjab Act IV of 1944, s. 3 (c).
8. Subs, for the original section (3) by Punjab Act XI of 1942, s. 5.
2. Subs, for the words "Punjab" by W. P. Ordinance VI of 1963, s. 4.
3. The words "Indian" omitted by Punjab Act XV of 1955, s. 2, Sch. T, Part-11.
4. Subs, for the figures "1878,, by Punjab Act IV of 1944,8.3 (b).
5. The word "and" omitted ibid, s. 3 (c),
6. Subs, for the words "Local Government" by A. O., 1937.
7. Add, by Punjab Act IV of 1944, s. 3 (c).
8. Subs, for the original section (3) by Punjab Act XI of 1942, s. 5.
(1900 : Ph Act
II Land
Preservation
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4 In respect of area
notified under section 3 generally or the?
whole or any part of any such area, the 1[Provincial Government] may, by general or special order temporarily 2[* *] regulate, re- strict or prohibit— |
Power to regulate
restrict or prohibit, by general or special order within notified areas,
certain matters.
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(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:
(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 3[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, 4[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, %oats or camels] or to cultivate or erect
buildings therein and the production and return of such permits by such
persons.
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5. In
respect of any specified village or villages, or part or part thereof,
comprised within the limits of any area notified under section a 3 the
Provincial Government] may, by special order, temporarily : regulate,
restrict or prohibit—
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Power, in certain
cases to regulate restrict or prohib, it by special order within notified
area certain further matters.
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(a) the cultivating of any land ordinarily under
cultivation prior to the publication of thenotification under
section 3
1.
Subs. for the words "Local Government", by A. O., 1937.
2. The words "or permanently" omitted by Punjab Act VII of 1926.
3. Add. by Punjab Act IV of 1944, s. 4.
4. Subs, ibid, for the words "or goats".
5. For notification see Punjab Local Roles and Orders
2. The words "or permanently" omitted by Punjab Act VII of 1926.
3. Add. by Punjab Act IV of 1944, s. 4.
4. Subs, ibid, for the words "or goats".
5. For notification see Punjab Local Roles and Orders
Land
Preservation
(1900 : Pb Act 11
(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 ![for any purposes]; and
(d) the admission, herding, pasturing or retention of cattle generally other than sheep, 2[goats and camels] or of any class or description of such cattle.
(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 ![for any purposes]; and
(d) the admission, herding, pasturing or retention of cattle generally other than sheep, 2[goats and camels] or of any class or description of such cattle.
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Power to require
execution of works and taking or measures.
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3[5-A.
In respect of areas notified under section 3 generally or the whole or any
part of any such area, the Provincial Government may, by genera]
or special order, direct—
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(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.]
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Necessity for regulation
restriction or prohibition to be recited in the order under section 4 or 5.
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6. Every order made
under 4[sections 4,5 or 5-A] shall be publish-' ed in the [Official
Gazette} and shall set forth that the ^[Provincial e Government] is
satisfied, after due inquiry, that regulations, restrictions,
"[prohibitions or directions] contained in the order are -necessary for
the purpose of giving effect to the provisions of this Act.
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1.
Subs, for the words "for bonafide domestic or
agricultural purposes", by Punjab Act IV of 1905.
2.
Subs, for the words ''and goats" by Punjab Act IV
of 1944, s.5,
3. Ins. ibid, s. 6.
4. Subs, for the words and figures "section 4 or section 5", by Punjab Act IV of 1944. s. 7.
5. Subs, for the word "Gazette", by A. O., 1937.
6. Subs, ibid., for the words "Local Government"
7. Subs, for the words "or Prohibitions" by Punjab Act IV of 1944. S. 7.
3. Ins. ibid, s. 6.
4. Subs, for the words and figures "section 4 or section 5", by Punjab Act IV of 1944. s. 7.
5. Subs, for the word "Gazette", by A. O., 1937.
6. Subs, ibid., for the words "Local Government"
7. Subs, for the words "or Prohibitions" by Punjab Act IV of 1944. S. 7.
1900 : Pb Act
DQ Land
Preservation
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7. (i) When, in
respect of any 1[* *] area, a notification has1
been published under section 3, and
(a) upon such
publication any general order, made under j section 4 2[or
section 5-A] becomes applicable to such area, or
;
(b) any special
order under 3[sections 4,5 or 5-A] is made in respect of such area,
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Publication of order,
Proclamation of regulations, restrictions, and prohibitions and admission of
claims for compensation for rights which are restricted or extinguished.
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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 4[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 5[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.
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.
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6[7-A. (1) When an order has issued under section 5-A, the Deputy Commissioner 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. |
(Deputy Commissioner’s
powers regarding execution of works or taking or measures).
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(2) Every such notice
shall state the time within which the works are to be executed or measures are
to be taken.
1.
The word "Local" Omitted by Act No Iv of 1944. s . 8
2. Ins. ibid.
3. Subs, ibid, for the words and figures "section 4 or section 5".
4. Subs, for the word "extinguish", by Punjab Act VII of 1926, s. 4.
5. Subs. Ibid , for the words “any such rights are so restricted or extinguished".
6. Ins. by Punjab Act IV of 1944, s. 9.
7. Add. by Punjab Act XV of 1955, s. 2, Sch. I, Part-H.
2. Ins. ibid.
3. Subs, ibid, for the words and figures "section 4 or section 5".
4. Subs, for the word "extinguish", by Punjab Act VII of 1926, s. 4.
5. Subs. Ibid , for the words “any such rights are so restricted or extinguished".
6. Ins. by Punjab Act IV of 1944, s. 9.
7. Add. by Punjab Act XV of 1955, s. 2, Sch. I, Part-H.
Land
Preservation
[1900 : Pb Act II
(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 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;
(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—
1900 : Fb Act 111 Land Preservation
(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 -
1900 : Fb Act 111 Land Preservation
(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 l[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.
1. Subs, for
the word "Punjab", by W, P. Ordinance VI of 1963, a. 5,
Land
Preservation [1900
: Pb Act 11
(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 1[NALAHS]
(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 1[NALAHS]
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Action when Provincial
Government considers it desirable take measures to regulate the bdes of
1(Nalah) vesting of such beds in 2(Provincial Govet),
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8. (1) Whenever it
appears to the 2[Provincial Government] that re" it is desirable that
measures should be taken in the bed of any ![nalah} [° for the purpose of—
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(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 subsection (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 1[nalah] be unclaimed, or, if, in the opinion of the 2[Provincial Government], the measures deemed necessary under sub-section (1) are of such a
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 subsection (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 1[nalah] be unclaimed, or, if, in the opinion of the 2[Provincial Government], the measures deemed necessary under sub-section (1) are of such a
1-
Subs, for the words "Chos" by Punjab Act XV of 1955, s.
2, Sch. I, Part-II..
2. Subs, for the words "Local Government", by A. O., 1937.
2. Subs, for the words "Local Government", by A. O., 1937.
1900 :Pb Act
II] Land
Preservation
character, in regard to extent and cost, that the interference of the 1
[Provincial Government]
is absolutely
necessary, or in the event of the owner or
occupier of any portion of the bed of any 2[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 any2[nalah] shall 3[vest in Provincial Government] 4[* * *] for such period and subject to such conditions (if any) as may be specified in the notification:
declare that the whole or any part of the area comprised within the limits of the bed of any2[nalah] shall 3[vest in Provincial Government] 4[* * *] 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 1[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 [Provincial
Government] may, from time to time, by like notification, extend the period
during which any such area shall remain vested in 5[the Provincial Government].
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9. Upon
the making of any declaration under sub-section (2) of section 8, all
private rights of whatever kind existing in or relating! any land comprised
within the area specified in the Notification: containing such
declaration at the time of the publication thereof, shal!6[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]:
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Effect of notification
to suspend or extinguish private rights in the area notified under section 8,
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1.
Sub.; by A.O. 1937-
2. Subs, by 1'b. Act XV of 1935.
3. 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.
4 The words "either absolutely and in perpetuity or" omitted by Punjab Act VIII of 1962, 8.2.'
5 Subs., for the words "His Majesty", by the West Pakistan Laws (Adaptation) Order 1964, s.2(l) Sch. Part-II.
6. Subs, by Punjab Act VIII of 1926, s. 3, for the following clauses:— "
(a) if o period is specified in such declaration —cease and determine absolutely; (
(b) if any period is specified in such declaration—be suspended for such period and for such further period (if any) to which such period may at any time be extended.
2. Subs, by 1'b. Act XV of 1935.
3. 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.
4 The words "either absolutely and in perpetuity or" omitted by Punjab Act VIII of 1962, 8.2.'
5 Subs., for the words "His Majesty", by the West Pakistan Laws (Adaptation) Order 1964, s.2(l) Sch. Part-II.
6. Subs, by Punjab Act VIII of 1926, s. 3, for the following clauses:— "
(a) if o period is specified in such declaration —cease and determine absolutely; (
(b) if any period is specified in such declaration—be suspended for such period and for such further period (if any) to which such period may at any time be extended.
Land
Preservation
1900 : Pb Act II
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.
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Power of Deputy
Commissioner to delimit the bed and constitute such bed.
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10. (1) The Deputy
Commissioner 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 1[nalah] to
which ' such notification is to apply.
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Power to take
possession of bed when vested in 1(Provincial Govt)
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(2) Upon the
publication of a notification containing any
declaration under sub-section (2) of section 8, it shall be lawful for the Deputy Commissioner to — |
(a) take possession of the area specified in such
declaration;
(b) eject all persons there from : and to
(c) deal with such area, while it remains vested in ^[Provincial Government], as if it were the absolute property of 1[Provincial Government].
(b) eject all persons there from : and to
(c) deal with such area, while it remains vested in ^[Provincial Government], as if it were the absolute property of 1[Provincial Government].
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Bar of compensation
for acts done under section 8, 9 or 10.
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11.
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.
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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
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Power to enter upon,
survey and demarcate 3(XXX)
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13.
It shall be lawful for the Deputy Commissioner and For his subordinate
officers, servants, care-takers and workmen, from time to time,
as occasion may require,—
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1. Subs, for
the words "His Majesty", by W. P. Laws (Adaptation) Order. 1962 s.
2.) s Scb.Part-11.
2. Subs, for the word "cho,, by Punjab Act XV of 1955, )s. 2, Sch. I, Part-D.
3. The ward "Local", omitted by Punjab Act XV of 1955. 9.2. Scb. I. Part-II.
2. Subs, for the word "cho,, by Punjab Act XV of 1955, )s. 2, Sch. I, Part-D.
3. The ward "Local", omitted by Punjab Act XV of 1955. 9.2. Scb. I. Part-II.
1900 : Ph Act
II] Land
Preservation
(a) to enter upon, and survey any land comprised
within any * i[ * *]
area in regard to which any notification,
< has been issued under sections or sections 2[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 l[* *] 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 if * *] 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 section? 3 {* * 1 and may in his discretion, from time to time adjourn the inquiry to a date to be fixed by him;
(a) fix a date for inquiring into all claims made under section? 3 {* * 1 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 3f * *]; 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 prohibited] and the
nature and amount of the compensation (if any), awarded.
1. The word
"Local" omitted by Punjab Act IV of 1944, s. 10.
2. Add. Ibid.
3. The words "or section 12" omitted by Punjab Act VIII of 1926,».
4. Subs by Punjab Act No. VIII of 1926.
2. Add. Ibid.
3. The words "or section 12" omitted by Punjab Act VIII of 1926,».
4. Subs by Punjab Act No. VIII of 1926.
Land
Preservation
[1900 ; Pb Act II
(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 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) 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 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.
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Method of awarding
compensation and effect of such award,
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15. (1) In determining
the amount of compensation the Deputy It Commissioner shall be guided, so far
as may be, by the provisions of sections 23 and 24 of the Land Acquisition
Act, 1894, and as to matters which cannot be dealt with under those
provisions, by what is just and reasonable in the circumstances of each case.
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(2) The Deputy
Commissioner may, with the sanction of the 3[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)
4[*
*
*
* *]
PROCEDURE, RECORDS AND
APPEAL
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Record of rights in
respect of notified area.
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16.
(1) For every area, notified under section 3 or section 8, the
>f Deputy Commissioner shall prepare a record setting forth the nature
description, local situation and extent of all rights mentioned in section 4
and section 5—
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(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 4[* * ] prohibited] by any order under section 4 or section 5.
(b) regulated, restricted, or 4[* * ] prohibited] by any order under section 4 or section 5.
1.
Now the Code of Civil Procedure, 1908 (Act V of 1908).
2.. Subs, for the words "Local Government", by A. O., 1937.
3. Repealed by Punjab Act VIII of 1926, s. C.
4. The word "suspended'* omitted-by Punjab Act VIII of 1926, S. 7.
5. Sub. ibid, for the word "extinguished1
2.. Subs, for the words "Local Government", by A. O., 1937.
3. Repealed by Punjab Act VIII of 1926, s. C.
4. The word "suspended'* omitted-by Punjab Act VIII of 1926, S. 7.
5. Sub. ibid, for the word "extinguished1
900 : Pb Act
II Land
Preservation
(2) When any award is made under section 14, its effect upon any right shall also be recorded therein.
(2) When any award is made under section 14, its effect upon any right shall also be recorded therein.
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17.
(1) Upon the publication of a notification issued under any of
the provisions of this Act, the Deputy Commissioners shall cause
public notice of the substance thereof to be given at convenient places
,in the locality to
which such notification relates.
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Mode of Proclaiming
notification and of servings notices, orders and processes, issued under the
Act.
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1[(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.]
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18. Every order passed
and every award made by a Deputy Commissioner under this Act, shall, for the
purposes, of appeal, review and revision, respectively be deemed to be the
order of a Collector within die meaning of sections 13, 14, 15 and 16 of the
2Punjab Land Revenue Act, 1887,3 [for the corresponding provisions of the
Sind Land Revenue Code, 1879, or any other law relating to land revenue for
the time being in force, as the case may be]:
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Appeal, review and
revision.
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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.
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19. Any person who, within
the limits of any 4[* *] area notified under section 3, commits any breach of
any regulation made, 5[restriction or prohibition imposed, order passed or
requisition made under sections 4,5,5-A, or 7-A] shall be punished with
imprisonment For a term which may extend to one month, or with a fine which
may extend to one hundred rupees, or with both.
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Penalty for offences.
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1.
Subs., for the original sub-section (2), by W.P. Ordinance VI of 1963, s.
6.
2. Since repealed by The Punjab Land Revenue Act, 1967.
3. Ins. by W. P ord No. VI of 1963 S. 7.
2. Since repealed by The Punjab Land Revenue Act, 1967.
3. Ins. by W. P ord No. VI of 1963 S. 7.
The word
"Local" omitted by Punjab Act IV of 1944, s. II.
Subs, ibid for the words and figures "of restriction or prohibition imposed under
section 4 or section 5".
Subs, ibid for the words and figures "of restriction or prohibition imposed under
section 4 or section 5".
Land
Preservation
1900 : Pb Act II
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Application of
provisions of (Act XVI of 1927).
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20. 1[The provisions
of sections 52, 54,55,56,57, 58, 59,60,61, 62, 64 (excluding the last
sentence), 66, 67, 68 and 73 of the 2[* *] Forest Act, 1927,
shall so far as applicable, be read as part of this Act, and for the purposes
of those provisions, every offence punishable under section 19 shall be
deemed to be a "forest offence" and every officer employed in the
management of any area notified under section 3 or section 8, as care-taker
or otherwise, shall be deemed to be a forest officer.
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Bar of suits.
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21. No suit shall lie
against the 4[Provincial Government] for any thing done under this Act, and
no suit shall lie against any public servant for anything done, or
purporting to have been done, by him, in good faith, under this Act.
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Power to make Rules.
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22. (1) The
5[Provincial Government] may make rules, consistent with this Act,—
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(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 6[Official Gazette].
1.
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.
2.
The word "Indian" omitted by Punjab Act XV of 1955,
b. 2. Sch. i Part-11.
3. Subs, ibid, for the words and figures "Act VII of 1878",
4. Subs., for the words "Crown", by West Pakistan Laws (Adaptation) Order 1%4, 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.
5. Subs., for the words "Local Government", by A. O., 1937.
6. Subs, ibid, for the word "Gazette".
3. Subs, ibid, for the words and figures "Act VII of 1878",
4. Subs., for the words "Crown", by West Pakistan Laws (Adaptation) Order 1%4, 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.
5. Subs., for the words "Local Government", by A. O., 1937.
6. Subs, ibid, for the word "Gazette".
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