(CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT ,
1948
Contents
1THE EAST PUNJABHOLDINGS OF (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948
EAST
PUNJAB ACT NO. 50 OF 1943
(1For
statement of objects and Reasons see East Punjab Government Gazette
(Extraordinary), 1949 pages 601-602. For the Select Committee Report, see East
Punjab Government Gazette (Extraordinary). 1948, Part V pages 19-32; for
proceedings in the Assembly, see East Punjab Legislative Assembly Debate,
Volume III 1948, pages 45-58 and 300-309).
[Received the assent of His Excellency the Governor
General of India on the 7th December, 1948, and first published in the East
Punjab Government Gazette (Extraordinary) , of December 14, 1948].
|
1 |
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|
YEAR |
NO. |
Short
title |
Whether
repealed or other wise affected by legislation |
|
1948 |
50 |
The
East Punjab Holding Consolidation and prevention of fragmentation Act, 1948. |
Amended
by Punjab act 33 of 19502 Amended
by the Adaptation of Laws Order, 1950 Amended
by the Adaptation of Laws (third Amendment) Order, 1951 Amended
by Punjab ACT 8 of 19523 Amended
by Punjab Act 20 of 19534 Amended
by Punjab Act 225- 396 and 407 of 1934.
Amended in part by Punjab act of 1955.8 |
(2For Statement of objects and Reasons,
see East Punjab Government Gazette (Extraordinary), 1950, page 838; for proceedings
in the Assembly, see Punjab Legislative Assembly Debates 1950, Volume II, pages
(9) 106-(9) 109).
(3For Statement of Objects and the
Reasons, see East Punjab Government Gazette (Extraordinary), dated 10th July,
1952, Pages 552; For the proceedings in the Assembly, see Punjab Legislative
Assembly Debates 1952, Volume II, pages (24) 63-(24) 82; and the proceedings in
the Council, see Punjab Legislative Council Debates 1952, Volume II, pages 16
(4) - (16) 18.)
(4For Statement of Objects and Reasons,
see East Punjab Government Gazette (Extraordinary), 1953 pages 134-35; for
Proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1953,
Pages 296-98.)
(5For Statement of objects and Reasons,
see Punjab Government Gazette (Extraordinary), 1954 page 92).
(6For Statement of objects and Reasons,
see Punjab Government Gazette (Extraordinary), 1954, page 828.)
(7For Statement of objects and Reasons,
see Punjab Government Gazette (Extraordinary), 1954, pp. 926(c) and 926 (d).)
(8For statement of Objects and Reasons,
Punjab Government Gazette (Extraordinary), 1955, page 128.)
|
1 |
2 |
3 |
4 |
|
YEAR |
NO. |
Short
title |
Whether
repealed or other wise affected by legislation |
|
1948 |
50 |
The
East Punjab Holding (Consolidation and prevention of fragmentation) Act,
1948. |
Amended
by Punjab Act No.46 of 19561 Extended
to the territories which immediately before the 1st November 1956. were
comprised in the State of Patiala and East of Punjab States Union by Punjab
Act no.5 of 19572 Amended
by Punjab ACT No. 15 of 19593 Amended
by Punjab Act No. 20 of 19594 Amended
by Punjab Act No. 12 of 19635 Amended by Punjab Act No. 27 of 1960.6 Amended
by Punjab Act No. 12 of 19627 Amended
by Punjab Act No. 25 of 19628 Amended
by Punjab Act No. 39 of 19639 Amended
by Punjab Act No. 9 of 196910 |
((1For Statement of Objects and
Reasons, see Punjab Government Gazette
(Extraordinary),1956, page 1086).
(2For Statement of Objects and Reasons,
see Punjab Government Gazette
(Extraordinary), 1957 , page 339).
(3For Statement of Objects and Reasons,
see Punjab Government Gazette
(Extraordinary), 1959, page 366).
(4For Statement of Objects and Reasons,
see Punjab Government Gazette (Extraordinary),1958, page 1478-79)
(5For Statement of Objects and Reasons,
see Punjab Government Gazette
(Extraordinary), 1959 page 1940).
(6For Statement of Objects and Reasons,
see Punjab Government Gazette
(Extraordinary), 1960, page 248).
(7For Statement of Objects and Reasons,
see Punjab Government Gazette (Extraordinary),1962 page 510).
(8For Statement of Objects and Reasons,
see Punjab Government Gazette (Extraordinary), 1962, page 1616).
(9For Statement of Objects and Reasons,
see Punjab Government Gazette (Extraordinary), 1963, page 1146).
(10For Statement of Objects and Reasons,
see Punjab Government Gazette (Extraordinary), 1969 page 422).
An Act to provided for the compulsory consolidation
of agricultural holdings and for preventing the fragmentation of agricultural
holdings in 11[the State of Punjab] 12[and for the
assignment or reservation of land for common purposes of the village].
((11Substituted for the words
"the Province of East Punjab " by the Adaptation of Laws (Third
Amendment) order, 1951).
(12 Added and deemed always to have been
so added by Punjab Act No. 27 of 1960).
PRELIMINARY
1. Short title,
extent and commencement:
(1) This act may be called the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948.
(2)
It extends to whole of
the 1[State] of 2[Punjab].
(3)
This section shall
come into force at once and the remaining provisions of the act shall come into
force in such area and from such dates as the 1[state] Government
may by notification appoint in his behalf the different dates may be appointed
for the coming into force of different provisions of the Act.
2/3 2.
In this Act, unless there is anything
repugnant in the subject or context,-
(a) 'Consolidation Officer" means an officer appointed as
such under section 14 by the 1[State] Government and includes any
person authorized by the 1[State] Government perform are all any of
the functions of the consolidation officer under this Act;
(b) "Consolidation of Holdings " means the amalgamation and the redistribution of all or any of lands in an estate so as to reduce the number of plots in the holdings;
(1Substituted
for the word " Province " by the Adaptation of Laws order, 1950.
3Section 4 of the
Punjab Act no. 39 of 1963, reads as follows: -
"Validation.-
Notwithstanding any thing contained in
the Principle Act or in any other law for the time being in force in any
judgment, decree or order of any court or other authority, where in any scheme
made at any time before the commencement of this Act, land has been assumed or
reserved for common purpose referred to in sub-clause (iii) or sub-clause
(iv)of clause (bb) of section 2 the principle Act, as amended by this Act, the
assignment or reservation of such land for such purpose shall be, and shall be
deemed always to have been, valid and no such scheme shall be questioned on the
ground that such land could not be assigned
or reserved for such purpose in such scheme".
3Section 2 of
Punjab Act No. 9 of 1939, reads as follows; -
"Validation.
- Notwithstanding any thing contained in any judgment, decree or order of any
court or other authority to the contrary where in any scheme made at any time
before the commencement of this validation Act, land has been assigned or
reserved for a common purpose as define in the clauses (bb) of East Punjab
Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, in
accordance with the executive instructions issued by the Government from time
to time such as scheme shall be, and shall be deemed always to have been, valid
and no such scheme shall be questioned merely on the ground that the scale for
such assignment or reservation had not been laid down by rules farmed under the
said Act''.
1[(bb)
"Common purpose" means any
purpose in relation to any common need convenience or benefit of the village];
(1Insrted by Punjab Act 22 of 1954. This clause
shall be deemed always to have been to inserted) .
2[ and
including the following purposes:
(i) extension of the village Abadi; 3[*].
(ii) Providing income for the Panchayat of the village concerned for the benefit of the village community].
(2Added and deemed always to have been
so added by Punjab Act No. 27 of 1960).
(3 The word "and" omitted and
shall be deemed always to have been omitted by Punjab Act No. 39 of 1963,
section 2).
4[(iii) Village
roads and paths; village drains village wells; ponds or tanks; village
water-course or water channels; village bus stands and waiting places; manure
pits; hada rori; public latrines; cremation and burial grounds, Panchayat Ghar;
Janj Ghar; grazing grounds; tanning places of religious or charitable nature;
and
(4Added
and shall be deemed always to have been added by Punjab Act No. 39 of 1963,
section 2).
(iv) Schools and play grounds; dispensaries, hospitals and
institutions of like nature, waterworks or tube-wells whether such schools,
playgrounds, dispensaries, hospitals institutions, waterworks or tube-wells may
be managed and controlled by the State Government or not].
(c) "fragment" means a plot of land of less extent than the
appropriate standard area determined under this Act:'
Provided that no plot of
land shall be deemed to be a fragment by reason of any diminution in its area
by diluvion;
(d) "Land " means which is not occupied as the site of any building in the
town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture, or a
pasture, and includes the sites of buildings and other structures on such land;
(e) "Notified area"
means any area notified as such under section 3;
(f) "Owner” means in the case of unlamented land the lawful occupant and when
such land has been mortgaged , owner means the mortgagor; in the case of
alienated land, owner means the superior holder;
(g) "Prescribed " means prescribed by rules made under this
Act;
(h) "Settlement officer (Consolidation)' means an officer appointed as such under section20
by 1[State] Government and includes any person authorized by the 1[State]
Government to perform all or any of the functions of the settlement Officer (Consolidation) under this Act.
(i) " Standard area":
in respect of any class of land means the area which the 1[State]
Government may from the time to time determine under section 5 as the minimum
area necessary for the profitable cultivation in any particular notified area
and includes a standard area revised under the said section';
( j) "sub-division"
means apart on estate recorded as Sub-division, pati , tarf or pana in a record of rights prepared under section 31
of the Punjab land Revenue Act, 1887, provided it forms a compact block; and
(k) Words and expressions used in this act
but not defined, have the meanings assigned to them in the Punjab Land Revenue
Act, 1887.
DETERMINATION
OF STANDARD AREAS AND TREATMENT OF FRAGMENTS
3. Determination of notified areas - The 1[State] Government may, after such inquiry
as it deems fit specify any estate or sub-division of an estate as a notified
area for the purposes of this chapter of this Act.
((1substituted for the word
"provincial" by the Adaptation of Laws Order, 1950).
4. Settlement of standard
areas:
(1) The 1[state] Government may,
after such inquiry as it deems fit, provisionally settle for any class of land
in any notified area the minimum area that can be cultivated profitably as a
separate plot,
(2) The 1[State] Government shall by notification and in such other manner as may be prescribed publish the minimum areas provisionally settled by it under sub-section (1) and invite objection thereto.
5. Determination and
revision of standard areas:
(1) The 1[State] Government shall
after considering the objections, if any received within three months of the
date publication of the notification under sub-section (2) of section 4 in the
estate concerned and making such further inquiry as it may deem fit, determine
the standard area for each class of land is such notified area.
(2) The 1[State] government may, at
any time, if it deems it expedient so to do, revise a standard area determined
under sub-section (1) such revision shall be made in the manner laid down in
section 4 and sub-section (1) of section 5.
(3) The 1[state] Government shall
by notification and in such other manner as may be prescribed, give public
notice of any standard area determined under sub-section (1) or revised under
sub-section (2).
6. Entry in the record-of-rights:
(1) On
notification of a Standard area under sub-section (3) of section 5 for a local
area all fragments in the local area shall be entered as such in the record of
rights.
(2)
Notice of every entry
made under sub-section (1) shall be given in the prescribed manner.
(2) Notwithstanding
anything contained in the Punjab Tenancy act, 1887 no such fragments shall be
leased to any person other than a person cultivating and land, which is contiguous
to the Fragment. XVI of 1887
(1Substituted for the word
"Provincial " by the Adaptation of Laws Order , 1950).
8. Fragmentation
prohibited: No land in any notified area shall be transferred or partitioned so as
to create fragment.
9. Penalty for transfer
partition contrary to provisions of Act:
The Transfer of partition of any land
contrary to the provisions of this Act shall be void.
(1Substituted
for the word "Crown" by the Adaptation of Laws order, 1950).
(2Susbstituted for the word "Province " by the
Adaptation of Laws order, 1950).
12. Partition of estate assessed to payment of revenue to Government
or separation of share thereof - When a decree is transferred is to
the Collector under section 54 of the code of Civil Procedure, 1908, for the
partition of an undivided estate assessed to the payment of revenue to the 1[Government]
in any notified area for which standard areas have been fixed, or for the
separate possession of the share of such an estate, on such partition or
separation shall be made so as to create a fragment.
13. State Government or local
authority not acquire land so as to leave fragment: Notwithstanding any thing contained in any law for the time, being in
force no land shall be acquired by the 1[State] Government or any
local authority or sold at any sale held under the orders of any court so as to
leave a fragment.
(1)
If any land acquired by the 1[state]
Government or any local authority is in excess of its requirements, it shall be
offered for the sale in the first instance to the owners of the contiguous
survey numbers or the recognized sub-divisions of survey numbers at the price
at which it was acquired under sub-section (1).
CONSOLIDATION OF HOLDINGS
14. Government may of its own
accord or on application declare its intention to make scheme for consolidation
of holdings - (1) With the object of consolidating holdings in any estate or group of
estates or any part thereof for the purpose of better cultivation of lands
therein the 1[State] Government may of its own motion or on
application made in this behalf declare by the notification and by publication
in the prescribed manner in the estate or estates concerned its intention to
make a scheme for the consolidation of holdings in such estate or estates
or part thereof as may be specified .
(2) On such Publication in the estate concerned the 1[State] Government may appoint a Consolidation officer who shall after obtaining in the prescribed manner the advice of landowners of the estate or estates concerned 2[and of the non-proprietors and the Gram Panchayat, if any, constituted in such estate or estates under the Gram Panchayat Act [No. IV of 1953] prepare a scheme for the consolidation of holdings in such estates or estates or part thereof as the case may be.
(1Substituted
for the word "Provincial" by the Adaptation of Laws orders, 1950).
(2Inserted
by the east Punjab Holdings (Consolidation and Prevention of Fragmentation ) ,
(Amendment and validation) Act , 1955
(Punjab Act , 7 of 1955).
Section
3 of Punjab Act 7 of 1955, reads thus :-
"Validation of certain proceedings:- No scheme
of Consolidation under the East Punjab Holdings (consolidation and Prevention
of Fragmentation) Act, 1948 shall be deemed to be invalid merely on the ground
that the advice of non-Proprietors and Gram Panchayat was not so obtained
during any consolidation proceedings before the commencement of this Act''.
1[(3)
Where a notification under Sub-section (1) has been made in respect of a group
of estates and the holdings is situated in more than one estate in the group,
then notwithstanding any thing contained in the Punjab land Revenue Act. 1887,
the scheme prepared by the Consolidation Officer may provided for the
alteration of the boundaries of such estates.]
(1New
sub-section (3) added by Punjab Act No. 15 Of 1959) .
15. Scheme to provide
compensation: (1) The Scheme prepared by the Consolidation Officer shall
Provide for the payment of compensation to any Owner who is allotted a holding
of less market value than of his original holding for the recovery of
compensation from any owner who is allotted a holding of greater market value
than that of his original holding.
(2) * * * * 2 * * * *
(2 Sub
section (2) of Sec. 15, omitted by Punjab Act No. 23 of 1960, section 2).
16. Occupancy
Tenancies: (1) The scheme prepared by the
consolidation Officer, may provide for the distribution of land held under
occupancy tenure between the tenants holding a right of occupancy and his
landlord in such proportion as may be agreed upon between the parties.
(2) When
the scheme is 3[confirmed] under section 20 the land so allotted to
the occupancy tenant and the landlord shall, notwithstanding any thing to the
contrary contained in the Punjab Tenancy Act, 1887, or in any other law for the
time being in the force, be held by each of them respectively in full right of
ownership, and the right of occupancy in the land allotted to the landlord
shall be deemed to be extinguished.
(3 Substituted
for the words "finally sanctioned” by Punjab Act no. 23 of 1962, section
2).
4[16-A Power to make Provision in the scheme to partition joints lands and join occupancy tenancies:
(4New
Section 16-A, inserted by Punjab Act no. 20 of 1959).
(1) Notwithstanding any thing contained in
chapter IX of the Punjab Land Revenue Act1887, expect section 117 thereof the
scheme prepared by the Consolidation Officer may Provide for the partition of
land between joints owners of land, or between joint tenants of a tenancy in
which a right of occupancy subsists, in accordance with the share of each owner
or tenant in the land or tenancy as the case may be, if-
(a) such share is recorded under Chapter IV of
that Act as belonging to him, or
(b) the right of owner or tenant to such a share has been established by a decree which is still subsisting at the time of preparing the scheme , or
(c) a written acknowledgement of such right
has been executed by all persons interested in the admission of denial thereof.
(2) When
the scheme is 1[*] confirmed under section 20, the land so
partitioned shall notwithstanding any thing to the contrary contained in any
law for the time being in force, be held by each such owners or tenants in full
right of ownership or tenancy, as the case may be and the rights of other joint
owners or joint tenants, in the land shall be deemed to be extinguished.
(1The
word “finally’ omitted by Punjab Act No. 25 of 1962, section 3.)
17. Amalgamation of public
roads etc. within scheme for consolidation of holdings - (1) Whenever in preparing a scheme for the
consolidation of holdings, it appears to the Consolidation Officer that it is
necessary to amalgamate any road, street, lane, path, channel, drain, tank,
pasture or other land reserved for common purposes with any holding in the
scheme he shall make a declaration to that effect stating in such declaration
that it is proposed that the rights of the public as well as of all individuals
in or over the said road, street, lane, path, channel, drain, tank, pasture or
other land reserved for common purposes , shall be extinguished or , as the
case may be , transferred to a new road , street lane, path, channel, drain ,
tank, pasture or other land reserved for common purposes laid out in the scheme
of consolidation.
(2) The
declaration in Sub-section (1) shall be published in the estate concerned in
the prescribed manner along with the draft scheme refereed to in section 19.
(3) Any
member of the public or any person having any interest or right, in addition to
the right of public highway, in or over the said road, street, lane, path, channel,
drain, tank, pasture or other land reserved for common purposes or having any
other interest or right which is likely to be adversely affected by the
proposal may within thirty days after the publication of the declaration under
Sub-section (1), State to the consolidation Officer in writing his objection to
the proposal, the nature of such interest or right and the manner in which it
is likely to be adversely affected and the amount and the particulars of his
claim to compensation for such interest
or right;
Provided that no claim for compensation on account
of extinction or diminution of the right of public highway, over such road,
street, lane, path channel, drain, tank, pasture or other land reserved for
common purposes shall be entertained.
(4) The Consolidation Officer shall, after considering the objections, if any, made to the proposal, submit it with such amendments, if any, as he may consider necessary, to the settlement officer (Consolidation) together with the objections received, his recommendation thereon and a statement of the amounts of compensation, if any, which in his opinion are payable, and of the persons by whom and the persons to whom such re-compensation is payable. The decision of the Settlement Officer (Consolidation), on the proposal and regarding the amount of compensation and persons by whom such compensation if any is Payable, shall be final.