[1959: Pb. Act 21]
RECLAMATION OF LAND
THE PUNJAB RECLAMATION OF LAND ACT, 1959 ARRANGEMENT OF SECTIONS
CONTENTS
Sections |
Subject |
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1.
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2.
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3.
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4.
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5.
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Declaration of reclaimable area and
powers of the Director with regard thereto |
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6.
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7.
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8.
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9.
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10.
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11.
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12.
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13.
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1959: Pb Act 21] RECLAMATION OF LAND
[Received the assent of the
President of India on the Ist of June, 1959 and was first published for general
information in the PUNJAB GOVERNMENT GAZETTE (Extraordinary), dated the 13th
June, 1959].
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Year |
No. |
Short title |
Whether affected by Legislation |
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1959 |
21 |
The Punjab Reclamation of Land Act, 1959 |
Amended by Punjab Act 21 of 1964 |
An Act to consolidate and
amend the law relation to the reclamation of lands in certain areas
Be it enacted by the Legislature of the State of Punjab in
the Tenth Year of the Republic of India as follows: -
Short title, extent and
commencement
1.
(1)
This Act may be called the Punjab
reclamation of Land Act 1959.
(2) It extends of the whole of the State of Punjab.
(3) It shall come into force at once.
2.
In
this Act, unless the context otherwise requires: -
(a)
“Preliminary
survey” means operations undertaken to ascertain the quality of any land for
the purpose of declaring it to be a reclaimable area;
(b)
“reclamation”
means such operations as are considered necessary by the Director to reclaim
and cultivate any reclaimable area;
(c)
“reclaimable
area” means such waste lands and the intervening cultivated lands as the State
Government may, by notification under section 5, declare to be a reclaimable
area;
(d)
“the
Director “means the Director of
Agriculture, Punjab;
(e)
“waste
land” means land recorded as Banjar of
any kind in revenue records and such Ghairmumkin lands as are reclaimable.
3.
The
Punjab General Clauses Act, 1988, shall apply for the interpretation of a Punjab a Punjab Act.
Authority to enter upon
waste lands:
4.
The
Director or any person authorised by him in writing may enter upon any waste
land for the purpose of carrying out preliminary survey.
Declaration of reclaimable area and powers of the Director with regard thereto:
5.
(1)
If the State Government is of opinion that any area comprising waste land and
the intervening cultivated lands is required for reclamation, it may by
notification declare such area to be
reclaimable area for the purposes of this act and such notification shall be
conclusive evidence of the matters stated therein and shall not be liable to be
called in question in any court.
(2) The Collector of
the district in which the reclaimable
area is situated shall give publicity to the notification issued under
sub-section (1) in such manner as he may deem fit.
(3) Upon the issue of a
notification under sub-section(1) the Collector may, notwithstanding any law to
the contrary, authorise the Director to take possession of thw whole or any
part of the area specified therein for a period not exceeding ten years for the
purpose of carrying out reclamation.
6.
The
collector may take or cause to be taken such steps or use or cause to be used such
force as may in his opinion be reasonably necessary for securing compliance
with the provisions of this Act.
7.
The
Director may delegate all or any of his powers and functions under this Act
to any officer of the Agriculture Department,
Punjab.
Liability of owners for cost
of reclamation.
8.
(1) The
total expenditure incurred by the State Government in carrying out reclamation
of any reclaimable area shall be equitably apportioned by the Director between
the several owners and persons having interest in the lands comprised in such
area and each of such owners and persons shall be liable to pay the amount
falling to his share.
(2) The amount apportioned
under sub-section (1) shall be a charge on the land to which it relates and the
apportionment shall not be called in question in any court or before any
authority.
(3) The Director shall also
determine whether the amount apportioned shall be payable in lump sum or by
annual installments, and in case of annual installment he shall fix the amount
and number thereof.
9.
(1)
The cost of reclamation apportioned under section 8, whether before or after
the commencement of this Act, shall be recoverable as arrears of land revenue.
(2) The Collector shall cause to be served upon every person owning or having interest in the land in which reclamation is effected, a notice of demand specifying the amount of cost of reclamation payable by him and the period within which is to be paid.
Persons acting under the Act
to be public servants.
10
Every
person while exercising any power or performing any duty under this Act shall
be deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code (XLV of 1860).
Bar of suits or legal proceeding.
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(1)
No suit, prosecution or other legal proceeding shall be instituted against any
person or anything which is in good faith done or intended to be done under
this Act.
(2) No Suit or other legal
proceeding shall lie against the State Government for any damage caused by
anything which is in good faith done or intended to be done under this Act.
12
The
State Government may by notification make rules for carrying out the purposes
of this Act.
13
The
East Punjab Reclamation of Land Act, 1949 (XXII of 1949 ), and the Pepsu Reclamation of Land Act, 2009 ( Act
V of 2009 BK), are hereby repealed, but
notwithstanding such repeal by any orders made, any notification issued,
anything done, any action taken or any proceedings commenced in exercise of the
powers conferred by or under the said Acts shall be deemed to have been made,
issued, done, taken or commenced in the exercise of powers conferred by or
under this Act.