PUNJAB ACT 5 of 1912

COLONIZATION OF GOVERNMET LANDS

Contents

Sections

Subject

1.       

Title and local extent

2.       

Repeal

3.       

Definitions

CHAPTER 1

PRELIMINARY

4.       

Application of the Act

5.       

Power to withdraw a colony from the operation of the Act

6.       

Applicability of the Punjab Tenancy Act

7.       

Applicability of the Punjab Land Revenue and Punjab Tenancy Act

8.       

Amendment to section 136{1} of the Punjab Land Revenue Act

9.       

Applicability of the Punjab Tendency Act to certain village site

CHAPTER II

PROVISIONS RELATING TO TENANTS

10.   

Issue of statements of conditions of tenancies.

11.   

Legal effect of statement of conditions

12.   

Temporary absence

13.   

Entries in record-of-right or in annual record to be equivalent to entries in register issue under Act III of 1893

14.   

Position of tenants holding hitherto under Act III of 1893

15.   

Purchaser to be tenant pending payment in full of purchase money

16.   

False information by a tenant

17.   

Exchange

18.   

Right of tenant not to be attached or sold

19.   

Transfers of rights to be void

20.   

Succession of tenants acquiring otherwise than by succession

21.   

Succession to tenant s aquiring by succession

22.   

Acquisition of ownership not to affect nomination of heir

23.   

Revocation of nomination

24.   

Power of imposing penalities for breaches of conditions

25.   

Power of re-entry and provisions as to compensation in certain cases

26.   

Provision for re-entry on and compensation for buildings on sites allotted for residential purposes

27.   

Saving of certain tenancies and conditions

28.   

Sums due to the Government to be recoverable as arreas of land revenue

29.   

Power to abrogate conditions

CHAPTER III.

PROVOSOINS RELATING TO PROPRIETORS

30.   

Acquisition of proprietary right

30A

Rights of alienation in respect of, and rule of succession to, certain proprietary right acquired by a female

CHAPTER IV

SUPPLIMENTARY PROVISIONS

31.   

Mares, camels or their progency maintained under prescribed conditions not to be attached or sold

32.   

Power of re-entry in case of squatters and trespassers - Penalties

33.   

Additional powers of Collector in regard to offences

34.   

Power to levy a cess for administration of common village under the Act

35.   

Jurisdiction of Civil Court barred as regards matter arising under the Act

36.   

Public servants indemnified for acts done under this Act

37.   

Legalization of orders passed previous to the Act

SCHDULE I

 Omitted

SCHEDULE II

 

THE COLONIZATION OF GOVERNMENT LANDS

PUNJAB ACT 5 OF 1912

{21st June, 1912.)

1

2

3

4

Year

No.

Short title

Whethere repealed or otherwise affected by legislation

1912

5

The colonization of Government Land Punjab Act, 1912

Repealed in part and Amended Act 38 of 1920

Amended Punjab Act 3 of 19202

Amended Government of India (Ad aptation of India Laws Orders, 1937

Amended by Punjab Act 13 of 19413

Amended by Punjab Act of 6 of 19444

Amended by the India Indepenence (Bangal and Punjab Acts) Orders, 1948 (G .G . O 40)

Amended by the Adaptation of Laws Orders, 1950

Amended by the Adaptation of Laws (Third Amendment) Order. 1951

Extended to Pepsu Territory by Punjab Act 5 of 19575

Amended by Punjab Act 25 of 19646

 

1For Statement of Objects and Reasons, see Punjab Gazette, 1910, Part v, page 176, for Report of the Select Committee, see Punjab Gazette, 1911, Part v, page 429, and ibid, 1912, part v, page 85; and for Proceedings in Council, see ibid, 1910, part v, page 188, ibid, 1911, Part v, page 420, AND IBID, 1912, Part v, pages 50 and 135.

2For Statement of Objects and Reasons, see Punjab Gazette, 1920, Part v, pages 8-9, for Proceedings in Council, see ibid, 1920, pages 166-176. It came into force on the 4th June 1920.

3For Statement of object and Reasons, see Punjab Gazette 1941, page 568, and for Proceedings in Assembly, see Punjab Legislative Assembly Debates, Vol. XVIII, pages

32, 256-57.

4For Statement of objects and Reasons, see Punjab Gazette, Extraordinary, 1944, pages 351-52, and for Proceedings in Assembly, see Punjab Legislative Assembly Debates, Vol. XXII, pages 870-75.

5For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1957, pages 339.

6For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1964, pages 935-937.

 
 
PUNJAB ACT 5 OF 1912

An Act to make better provision for the colonization and administration of Government Lands in Punjab.

WHEREAS it is expedient to make better provision for the colonization and administration of Government land in 1Punjab;

It is hereby enacted as follows :-

 

1.       Title and Local Extent. (1) This Act may be called the Colonization of Government Lands (Punjab) Act, 1912.

(2) It extends to 2Punjab.

2.   The Government Tenants (Punjab) Act; 1893, is hereby repealed.    [III of 1893]

 

3.     Definitions -  In this Act, unless there is something repugnant in the subject or context,-

        “Collector” means the Collector of the district as described in the 3Punjab Land Revenue Act, 1887, and includes (1) any officer appointed by the 4[State]Government to perform all or any of the functions and exercise all or any of the powers of the Collector under this Act and (2) any Colonization Officer or assistant Colonization Officer appointed as such before the commencement of this Act, whether or no such officer was by notification appointed to perform all or any of the functions of a Deputy Commissioner under the Act hereby repealed.

“Commissioner” includes any officer appointed by the 4[State] Government to perform all or any of the powers of the functions and exercise all or any of the powers of a Commissioner under this Act.

 

1Substituted for the words “East Punjab” (which had been inserted for the word “the Punjab” by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948) by the Adaptation of Laws (Third Amendment) Order, 1951.

2Substituted for “East Punjab “ by Adaptation of Laws Order, 1950.

3See Volume I.

4Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

III of 1893.

 

“Colony” means any area to which this Act shall be applied by order of the 1[State] Government, and, unless the 1[State] Government otherwise directs any area to which the Government tenants (Punjab) Act, 1893, has been applied.

 

“Prescribed” means sanctioned by the 1[State] Government under this Act or under the Act hereby repealed.

 

XVI of 1887.

“Improvements” means such improvements as defined in section 4(19) of the 2Punjab Tenancy Act, 1887, as the tenant is permitted to make under the conditions applicable to his tenancy.

            “Tenant” means any person holding land in a colony as a tenant of 3[Government] and includes the predecessors and successors in interest of a tenant.

                4[Original tenant” means any male to whom a tenancy is first allotted by the Collector, and includes the male transferee of such a tenant and any male nominated by the Collector in accordance with the provisions of section 21 to succeed a female, to whom a tenancy was first allotted.

 

CHAPTER I

PRELIMINARY
III of 1893

4.         This Act, shall, unless the 3[State] Government otherwise directs apply to land to which the provisions of the Government Tenants (Punjab) Act, 1893, have been applied and to any other land to which the 3[State] Government may by notification in the Official Gazette apply it and which at the time of the notification was the property of the 4[State Government]:

 

1Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

2Added by section 2 of Punjab Act 3 of 1920.

3Substututed for the word “Provincial” by the Adaptation of Laws Order, 1950.

4Substituted for the word “Crown for the purposes o the Province” by the Adaptation of Laws (Third Amendment) Order, 1951.

Provided that 1[unless the 2[State] Government by general or special order otherwise directs] nothing in sections 20, 21, 22 and 23, or in the proviso to section 14 of this Act, shall * * 1 * * apply 3 * * * * to any class of tenancies created hereafter which the 2[State] Government may declare to be scheduled tenancies under this section.

 

 

5.         Power to withdraw a colony from the operation of the Act - The 2[State] Government may, at any time by notification in the Official Gazette, withdraw a colony or any part of a colony from the operation of all or any of the provisions of this Act.

Applicability of the Punjab Tenancy Act.

 

6.         Except as provided in section 7 of this Act – (1) The Punjab Tenancy Act, 1887, shall not be applicable to tenancies held under this Act.

            (2) Nothing in sub-section (1) of this section shall affect the application of the Punjab Tenancy Act, 1887, to any matter or dispute arising between 4[tenants of the 5[Government] ] and their sub-tenants to which 5[Government] is not a party.

             

 

7.         Applicability of the Punjab Land Revenue Act and Punjab Tenancy Act. (XVII and XVI of 1887) - Subject to the provisions of this Act, the Punjab Land Revenue Act. and Chapter VII of the Punjab Tenancy Act and the rules made there under shall, in so far as they are applicable, apply to all proceedings under this Act. But nothing in the Punjab Land Revenue Act or the Punjab Tenancy Act 1887 shall be so construed as to very or invalidate any conditions issued by the 2[State] Government, and in particular  shall not be so construed as to limit successions to tenancies otherwise than as provided in such statement of conditions.

 

8.         Amendment of section 136 (1) of the Punjab Land Revenue Act. (XVII of 1887) - Section 136 (1) of the Punjab Land Revenue Act, 1887, shall be amendment by inserting after the word section 49” the word “or any Revenue Officer in a colony”.

 

9.         Application of Chapter IV of Land Revenue Act 1887, to certain village site. (XVII 1887) -Notwithstanding anything in section 4 of the Punjab Land Revenue Act, 1887, the provision of Chapter IV of that Act shall apply to all village sites in a colony.

 

CHAPTER II

PROVISIONS RELATING TO TENANTS

 

10.       Issue of statements of conditions of tenancies - (1) The 1[State] Government may grant land in a colony to any person on such conditions as it thinks fit.

(2)        The 2[State] Government may issue a statement or statements of the conditions on which it is willing to grant land in a colony to t5enants.

(3)        Where such statements of conditions have been issued, the Collector may subject to the control of the Financial Commissioner, allot land to any person, to be held subject to such statement of conditions issued, under sub-section (2) of this section, as the Collector may by written order declare to be applicable to the case.

(4)        No person shall be deemed to be a tenant or to have any right or title in the land allotted to him until such  written order has been passed and he has taken possession of the Collector. After possession has been so taken, the grant shall be held subject to the conditions declared applicable thereto.

 

11.       Legal effect of statements of conditions (III of 1893) (XV of 1895)-  Subject to the provisions of this Act, the grant of any tenancy in accordance with any statements of conditions which have been or may hereafter be issued by the 1[State] Government under the Government Tenants (Punjab) Act, 1893, or under this Act, shall be deemed to be transfer of a land within the meaning of the 2Government Grants Act, 1895, and shall be governed by the provisions of the said Act.

 

12.       Temporary absence - Any condition included in any statement of conditions which imposes an obligation of residence shall not be deemed to have been infringed be reason only of the temporary absence of a tenant who has established a permanent residence in the estate in which his holding is situated.

 

13.       Entries in record-of-rights or annual record to be equivalent to entries in register issued under Act, III of 1893 - Where in any statement of conditions issued before the commencement of this Act reference is made to any register prescribed under the Government Tenants (Punjab) Act, 1893, then the record-of-rights or the annual record shall, so far as may be, be deemed to be such a register.

 

14.       Position of tenant’s holding hitherto under Act, III of 1893 - Any person who at any time before the commencement of this Act was a tenant from 1[Government] of land to which the Government Tenants (Punjab) Act, 1893 applied and for which a statement of conditions was issued under that Act, shall notwithstanding any previous agreement or anything contained in the 3Punjab Tenancy Act, 1887, or any other enactment now in force, of which he is  tenant in accordance with such statement of conditions :

Provided that unless such tenant shall, by deed executed and registered within twelve months from the date on which this Act comes into force, declare that the succession to his tenancy shall be in accordance with the statement of conditions applicable thereto the succession to his tenancy shall be regulated by the provision of sections 20,21 and 23 of this Act. 

1Substituted for the word “Crown” by the Adaptation of Laws Order 1950.

2Unrepealed Central Acts, Vol. III

3See Volume I.

 

 

15.       Purchaser to be tenant pending payment in full of purchase money - A purchaser from the 1[Government] of land who has been placed in possession of the land by order of the Collector shall be deemed to be a tenant of such land until the full amount of the purchase money with any interest due thereon has been paid and the condition of sale issued by the Collector have been fulfilled.

 

16.       False information by a tenants - If any person who after the commencement of this Act has been put in possession of land in a colony s a tenant shall have given false information intending or having reason to believe that any officer of the 1[Government] may be thereby deceived regarding his qualification to become a tenant, he shall be deemed to have committed a breach of the conditions of his tenancy:

Provided that this section shall not apply to persons who have been in possession of a tenancy for more than three years to any person who has acquired a right of ownership.

 

17.       Exchange - Subject to any orders that he may receive from the commissioner, the Collector may allow any tenant to exchange the whole or any part of his tenancy for other land in the  in the colony, and the land so taken in exchange shall in the absence of any special condition to the contrary recorded in writing by the Collector, be deemed to be held on the same conditions and subject to the same obligations as the surrendered lend was held.

 

18.       Right of tenant not to be attached or sold - None of the rights or interests vested in a tenant from Government of land to which this Act applies shall be attached or sold in execution of a decree or order of any court or in any insolvency proceedings.

 

19.       Transfer of rights to be void  - Except as provided in section 17, none of the rights or interests vested in a tenant by or under Government Tenants (Punjab) Act, 1893, or this Act, shall, without the consent in writing of the Commissioner, or of such officer as he may by written order empower in this behalf, be transferred or charged by any sale, exchange, gift, will, mortgage or other private contract, other than a sub-lease for not more than one year in the case of a tenant who has not acquired a right of occupancy, and seven years in the case of a tenant who has acquired a right of occupancy. Any such transfer of charge made without such consent in writing shall be void and if (after the commencement of this Act) the transferee has obtained possession, he shall be ejected under the order of the Collector :

Provided that the right of sub-letting conferred by this section shall not release any tenants from a condition requiring him to reside in the estate in which his tenancy is situated.

1Substituted for the word “Crown” by the adaptation of Laws Order, 1950.

 

1[20. Succession to tenants acquiring otherwise than by succession - Subject to the proviso to section 14, when after the commencement of this Act, any original tenant dies the succession to the tenancy shall devolve in the following order upon –

(a)    the male lineal descendants of the tenants in the male line or descent. (The term ‘lineal descendants’ shall include an adopted son whose adoption has been ratified by a registered deed) ;

(b)   the widow of the tenant until she dies, or remarries, or loses her rights under the provision of this Act ;

(c)    the unmarried daughters of the tenant until they die or marry, or lose there rights under the provisions of Act ;

(d)   the successor or successors nominated by the tenant by registered deed from among the following persons, that is to say, his mother, 1[his predeceased son’s widow, his predeceased grandson’s widow], his married daughter, his daughter’s son, his sister, his sister’s son ; and the male agnate members of his family ;

(e)    the successor or successors nominated  by the Collector from among the persons enumerated in clause (d) of this section.].

 

2[21. Succession to tenants acquiring by succession - When, after the commencement of this Act, any male tenant, who is not an original tenant, dies or any female tenant dies, marries or re-marries, the succession to the tenancy shall devolve –

(a)    in the case of a female, to whom the tenancy has been first allotted, on the successor nominated by the Collector from the issue of the female tenant, or from the male agnates of the person, on account of whose services the tenancy was allotted to her ;

(b)   in all other cases, on the person or persons, who would succeed if, the tenancy were agricultural land acquired by the original tenant.]

 

22.       Acquisition of ownership not to affect nomination of heir - When a tenant has nominated a successor to his tenancy under section 20 (d) and subsequently acquires a right of ownership in the tenancy, the right of succession of the persons so nominated shall, unless the deed of nomination expressly provides to the contrary, be unaffected by such acquisition of ownership.

 

23.       When a tenant has, under section 20 (d) of this Act, nominated a successor, he may at any time, whether before or after acquiring ownership, revoke such nomination, but not otherwise them by registered deed.

 

24.       When the Collector is satisfied that a tenant in possession of land has committed a breach of the conditions of his tenancy, he may, after giving the tenant an opportunity to appear and state his objections-

(a)   impose on the tenant a penalty not exceeding one hundred rupees, or

(b)   order the resumption of the tenancy : 

 

Provided that if the breach is capable of rectification, the Collector shall not impose any penalty or order the resumption of the tenancy unless he has issued a written notice requiring the tenant to rectify the breach within a reasonable time, not being less than one month, to be stated in the notice and the tenant has failed to comply with such notice.

 

25.       Power of re-entry and provisions as to compensation in certain cases - Where an order resuming the tenancy has been passed under the last preceding section, the Collector may forthwith re-enter upon the land and resume possession of it, subject to the payment of compensation, to be fixed by the Collector from the incoming tenant.

            Provided that if the tenancy be allotted to any other person, the amount of compensation, if any, paid to the out-going tenant shall be recoverable by the Collector from the incoming tenant.

 

 

26.         Provisions for re-entry on and compensation for buildings on sites allotted for residential purposes - In any case where a tenant has been allotted a site for residential purposes in consideration of his tenancy, and such tenancy has been resumed under the provisions of sections 24 and 25 of this Act, the Collector may re-enter on and take possession of such site :

Provided that the Collector shall fix and pay to the said tenant reasonable compensation for, or permit him to remove, any buildings or improvements made by him on such site.

 

27.         (1) Nothing in sections 24, 25 or 26 shall apply to-

(a)    1* * * * *

(b)   any breach of a condition regarding arboriculture included in any statement of conditions other than a statement pertaining to tree-planting tenant, 2[or]

3[(c) any tenancy scheduled under the proviso to section 4, except to such extent as may be specified in the statement of conditions applicable to such tenancy.]

* * 4 * * *.

 

 

28.    Sums due to Government to be recoverable as to arrears of land revenue -All sums due to the 5[Government] in respect of a tenancy granted in pursuance of the Government Tenant (Punjab) Act, 1893, or under the provisions of this Act or of the rules and conditions issued thereunder, and all sums due on account of fines, confiscations, costs and penalties, shall be recoverable as if they were arrears of land revenue.

 

 

29.    Power to abrogate conditions The 6[State] Government may, at any time by notification in the Official Gazette, abrogate any of the limitation and obligations imposed upon tenants as part of the conditions of their tenure.   

 

 

CHAPTER III

PROVISIONS RELATING TO PROPRIETORS

 

30.    Acquisition of proprietary rights - Notwithstanding anything entered in any statement of conditions issued under the Government tenants  (Punjab) Act, 1893,a tenant who, either pursuance of any such condition or otherwise by agreement with, or under rules issued by the 1[State] Government, has acquired proprietary right in any land included in his tenancy shall in respect of such issued under the above-mentioned Act ; Provided always that he shall in respect of such land be bound by the conditions set out in schedule II of this Act applicable to proprietors of land.

 


1Omitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order of 1948 (G. G. O. 40).

2The word “or” inserted by Punjab Act 6 of 1944, section 2(a) (I).

3Added by Punjab Act 6 of 1944, section 2(a) (ii).

4Omitted by Punjab Act 6 of 1944, section 2(b).

5Substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

6Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

 

 

2[30-A. Rights of alienation in respect of, and rule of succession to certain proprietary right acquired by a female - (1) Notwithstanding any custom and the provisions of any law to the contrary, when after the commencement of the Colonization of Government Lands (Punjab) (Amendment) Act, 1944, proprietary rights in any land are acquired by a female tenant, her rights of alienation of any such land shall be the same-

(a)    if she succeeded to the tenancy directly or indirectly from a male tenant, as if the proprietary rights had been acquired by the last male tenant, and she had succeeded to such rights as his heir ; and

(b)    if the tenancy was first allotted on account of some male person, either to her, or to another female to whom she succeeded either directly or in a continuous line of female succession, as if the proprietary rights had been acquired by such male person and she had succeeded to such right as his heir, and in cases falling under clause (a) or clause (b) in the event of such female proprietor dying while in possession of the proprietary right in question, the said rights shall devolve upon the persons who would be entitled to succeed, if such rights had been acquired by the last male tenant, or the male person on whose account the tenancy was first allotted, as the case may be.

 

(2)        Nothing herein contained shall be construed to after the law of succession applicable to any female tenant, in respect of proprietary rights in land acquired by her, if the tenancy in such lands was acquired by or accrued to her in circumstances other than those specified in sub-section (1).

(3)        For the purposes of this section the expression “any such land” shall be deemed to include any land obtained in exchange for part or all of the land in which proprietary rights have been acquired].


 1Substituted for the word “provincial” by the Adaptation of Laws Order 1950.

2Added by Punjab Act 6 of 1944 section 3.

 

 

CHAPTER IV

SUPPLEMENTARY PROVISIONS

 

31.    Mares, camels or their progeny maintained under prescribed conditions not to be attached or sold- No mare or camel or other animal maintained in accordance with any prescribed statement of conditions and no progeny, if less than eighteen months old, of any mare or cancel so maintained, shall be liable to attachment or sale in execution of any decree.

 

32.    When the Collector is satisfied that and person has taken or is in possession of land in a colony to which he has no right or title, the Collector may, in addition to any other powers he may possess, forthwith re-ender upon the land and resume possession of it and take possession of all crops, trees and buildings thereon on behalf of the 1[Government] without payment of any compensation whatsoever.

 

33.    If any person, without permission of a Revenue Officer of a grade to be specified by the 2[State] Government-

(a)    clears or breaks up for cultivation, or cultivates ant land which is owned by, or is in the possession of the 1[Government] and is not included in any tenancy or allotted residential enclosure or which has been set apart for the common purposes of a town or village  community or section of the same or for a road, canal or water-course; or

(b)   erects any building on any such land; or

(c)    fells or otherwise destroys standing trees on such land; or

(d)   otherwise encroaches on any such land; or

(e)    makes an excavation or constructs a water channel on any such land;

 

he shall, on complaint made by order of or under authority from the Collector, be punished on conviction [* *1 * *] with a fine not exceeding Rs. 200.

 

Explanation.-The felling of trees planted by an owner or tenant on any village road or water-course traversing his holding is not an offence under this section.

 

34.    Additional powers of Collector in regard to offences - When the Collector is satisfied that n act punishable under section 33 has been committed, he may in lieu of proceeding against the offence under that section or after conviction of the offender under that section-

(i)                  in the case of an offence under section 33 (a), confiscate the crops growing on any land cultivated in contravention of this Act or, if the crops have been cut, recover such sun as he may assess as the value thereof from the offender;

(ii)                in the case of an offence under section 33 © ; recover such some as he may assess as the value of the trees or tree destroyed ;

(iii)                in the case of an offence under section 33 (b), (d) or (e), cause the building or other encroachment to be demolished or removed or the excavation or channels to be filled up, and levy the costs of so do from the person responsible for such act.


1The word “by any Magistrate” omitted by Punjab Act 25 of 1964.

 

 


35.    Power to levy access for administration of common village expenses - (1) If in any estate the majority of the tenants and owners of the estate shall apply for the levy of access for village purposes, the Collector may order the payment of such access from the proprietors, tenants and inhabitants of the village such way and at such rates as he holds to be suitable.

(2) Any cess leviable under this section shall be recoverable by suit under section 77 (3) (j) of the Punjab Tenancy Act, 1887.

 

36.         Jurisdiction of Civil Court barred as regards matter arising under the Act - A Civil Court shall not have jurisdiction in any matter of which the Collector is empowered by this Act to dispose, and shall not take cognizance of the manner in which the 1[State] Government or collector or any other Revenue Officer exercises any power vested in it or in him by or under this Act.

 

37.    Public servants indemnified for acts done under this Act No suit shall lie against any public servant for anything done by him in good faith under this Act.

 

38.    Legalization of orders passed previous to the Act -  (1) Any act hitherto done or order passed by 1[State] Government or by an officer holding the post of Colonization Officer, Assistant Colonization Officer or Settlement commissioner, or exercising the powers of an Assistant Collector or of a Revenue Officer of higher class within any area to which the Government Tenants (Punjab) Act, 1893, has been applied or to which this Act my hereafter be applied, which is not contrary to the provisions of this Act.

            (2) In particular and without prejudice to the generality of the foregoing sub-section, no right of occupancy or right of ownership and no condition applicable thereto shall be invalidated by reason of-

(i)                  the right having been granted before the particulars regarding it have been entered in  prescribed register; or

(ii)                the prescribed register not having been signed by the tenant; or

(iii)               the prescribed statement of conditions having been affixed to the prescribed register instead of being prefixed thereto :

Provided that if the register has not been signed by the tenant, the statement of conditions applicable to the tenancy shall be deemed to be that which was in force for tenancies of the same description at the time when the land was allotted.

1Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

 

1[SCHEDULE I]

 

SCHEDULE II

(Referred to in Section 30.)

Conditions applicable to grantees who acquire Proprietary right

 

1.      Exceptions of channels rights to minerals, etc. - The 2[Government] does not grant to the grantee but hereby absolutely excepts and reserve s to itself out of and in respect of the said lands (1) all grounds situate in the said lands or any part thereof already marked out, excavated or otherwise utilized for the distributary channels, and (2) all existing rights to and over all mines and minerals, coals, gold-washings, earth-oil and quarries in or under the said lands or any part thereof, together with all easements heretofore enjoyed by the 2[Government] in respect of the said lands or any part thereof. And it likewise excepts and reserve the right of the public to use existing thoroughfares traversing the said land or any part thereof including a width or 1½  kadams on either side of survey base line, and also any lines of road which through not yet made, have been market out upon the ground.

 

2.      Power of Government entry to search for minerals, etc.The grantee shall at all time permit the officers of the 2[Government] to enter and do all acts and think that may be necessary and expedient for the purpose of searching for, working, getting or carrying away any such mines and minerals, coals, gold-washings earth-oil and quarries, and for the full enjoyment of the ground and of the rights hereinbefore reserved to the 2[Government] to and over all mines and minerals, coals, gold-washings, earth-oil, quarries and easement in or under the said land and all parts thereof.

 

3.      Compensation for damage by entry - The Government agrees to pay the grantees compensation for all damage occasioned by the exercise of the rights reserved to itself in clauses 1 and 2.


       Such compensation shall be assessed by the Collector, and if the grantee is not satisfied with the finding of the Collector, he appeal to the Commissioner. 

 


1Schedule I omitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.

2Substituted for the word “Crown” by the Adaptation of Laws order, 1950.

 

 

4.      Demarcation of boundaries - The grantee shall duly comply with such directions as the Collector shall from time to time issue requiring him to construct boundary marks on limits of the said lands or any part thereof, and shall keep them when erected in good repair to the satisfaction of the Collector.

 

5.      Arbitration In the event of any dispute arising between the 1[State] Government and the grantee as to the property and rights hereby reserved, to the 2[Government], or as to any matter in any way relating thereto, or as any of the conditions of the grant, or as to any matter or thing anywise connected therewith, the said dispute shall be referred for the opinion of the Commissioner whose decision shall be final and conclusive between the 1[State] Government and the grantee.


1Subnsituted for the word “Provincial” by the Adaptation 1950.

2Substituted for the word “Crown” by the Adaptation of Laws Order, 1950.