1THE PUNJAB RIVERAIN BOUNDARIES ACT, 1899.
[17th May, 1899,
19th June, 1899].
[Received the assent of the Lieutenant-Governor on the 17th
May, 1899 and that of the Governor General on the 19th
June, 1899, and was first published in the PUNJAB GOVERNMENT 2GAZETTE of the 3rd August, 1899].
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Year |
No. |
Short title |
Whether repealed or
otherwise affected by legislation. |
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1899 |
1 |
The
Punjab Riverain Boundaries Act, 1899 |
Extended
to the territories which immediately before the 1st November,
1956, were comprised in the State of Patiala and East Punjab States Union by
Punjab Act 23 of 19573 |
An Act to amend the Punjab Land
Revenue Act, 1887,
Boundaries of riverain estates
In the [Punjab].
Preamable - Whereas it is expedient to make better provision for the ascertainment and determination of the boundaries between estates which are subject to, or liable to be affected by, the action of a river, and to amend the law relating to the determination of claims to lands gained by alluvion and to prevent disputes as to such boundaries and lands; it is hereby enacted as follows –
1. Short title, extent and commencement - (1 ) This Act may be
called the Punjab Riverain Boundaries Act, 1899.
(2) It extends to
the whole of Punjab; and
(3) It shall come into force at once.
1For statement of Objects and Reasons, see Punjab Gazette, 1898, Pt. V-A, page 20;
for Report of the select Committee, see ibid, Pt.V-A, pages 1 and 4; for
Proceddings in Council, see ibid, 1898, Pt. VI. page 6; ibid, 1899, Pt. VI,
pages 2 to 11.
2See Punjab Gazette, 1899, Part IV-A, pages
1-3..
3For statement of Objects and
Reasons, see Punjab Government Gazette (Extraordinary), 1937. page 689
2. Sections
added after section 101 of India Act XVII of 1887. Act XVII of 1887
- After section 101 if the Punjab Land-revenue Act-1887, the following sections
shall be added, namely;-
“101-A. Power to fix boundary between reiverain estates - (1) When
any two or more estates are subject to river action and the limits of any such
estates are, by any law, custom, decree or order applicable thereto, liable to
vary according as variations may from time to time occur in the course of action of such river, the 1[State Government] may,2[* * * * ]
order a permanent boundary line to be fixed between any such estates or
such portions thereof as are liable to river action.
(2)
Upon
an order being made under sub-section (1), the Collector shall fix a boundary
line between such estates or portions of such estates accordingly, and shall
demarcate the same, in accordance with
the rules (if any) made under section 100 and
the provisions of section 101.
(3)
Every
such boundary line shall be fixed with due regard to the history of the
estates, and the interests of the persons, respectively owning them or
possessing rights therein, in such manner as may be just and equitable in the
circumstances of each case.
1Substituted or the
words” Local Government” by the Government of India (Adaptation of Indian
Laws) Order, 1937, and Adaptation of Laws Order, 1950.
2The words “in its
direction” were omitted by the Government of India ( Adaptation of Indian Laws)
Order, 1937.
(4) Effect
of fixing a boundary between reverain estates proviso - No such boundary
line shall be deemed to have been permanently fixed until it has been approved
by the Financial Commissioner.”
101-B (1) Every boundary line fixed in accordance with the provisions of section 101-A, shall, notwithstanding any law or custom, or any decree or order of any Court of law, to the contrary, be the fixed and constant boundary between the estates affected thereby, and the proprietary and all other rights in every holding, field or other portion of an estate situate on each side of the boundary line so fixed, shall, subject to the following proviso, vest in the land-owners of the estate which lies on that side of the boundary line on which such holding, field or other portion of an estate is situate:
Provided that if, by the operation of this section, the proprietary or any other rights in any land which at the time a boundary line is fixed is under cultivation or reasonably fit for cultivation or yields any produce of substantial value, would be transferred from the land-owners and other rightholders of any one estate to the land owners of any other estate, the Collector shall, by written order direct that the rights in such land shall, subject to the provisions of section 101-C and section 101-D, not be so transferred unless and until the land, in respect of which any such order is made, ceases to be reasonably fit for cultivation, or to yield any produce of substantial value, and, upon any such order being made the transfer of the rights in such land shall be suspended accordingly.
Provided further that when any portion of the land specified in any such order ceases to be reasonably fit for cultivation or to yield any produce of substantial value the order shall, when the Collector, in writing, so directs, cease to operate as to that portion.
(2) The decision of the Collector, as to whether for the purposes of the proviso to sub-section (1) of this section any land is or is not reasonably fit for cultivation or does or does not yield any produce of substantial value, shall be final.”
“101-C. Applications for immediate transfer of rights reserved under the proviso to sub-section (1) of section 101-B upon payment of compensation and procedure thereupon. Award of compensation and extinguishment of rights thereby - (1) When any order has been made under the proviso to sub section(1)of section 101-B, the land-owners(or any of them) in whom, but for such order, the rights in the land specified therein would vest, may apply, in writing to the Collector to forthwith transfer the rights, the transfer of which has been suspended by such order, upon payment of compensation for the same.
(2)
When
an application under sub-section(1) is made, the collector shall –
(a)
fix a day for the hearing of the application
:
(b) cause notice of the application, and of the
day fixed for the hearing thereof, to be served on, or proclaimed for the
information of, all persons recorded as having rights in the land specified in
the order made under the proviso to sub-section (1) of section 101-B, and all
other persons interesting or claiming to be interested therein.
(c)
Upon
the date so fixed for hearing , or any day to which the hearing may be
adjourned, inquire into the rights in the land and award compensation in
respect of all rights found established
therein, to the persons severally entitled thereto;
(d)
Inform
the applicant of the aggregate amount of compensation so awarded and require
him to deposit the amount with the collector on or before a day to fixed by him
in that behalf:
Provided that not withstanding anything in this sub section contained, it shall be lawful for the collector, in his description, and at any time before an award of compensation thereon has been made, to reject any application made under sub section(1).
(3)
India Act 1 of 1894 - In awarding compensation under sub section(2), the
Collector shall be guided by the provisions of section 23, and section 24 of
the Land Acquisition Act, 1894, so far as the same may be applicable to
circumstances of the case.
(4)
Upon
the fifteenth day of May next after the whole amount of compensation so awarded
has been deposited with the Collector, the order made under the proviso to
sub-section (1) of section 101-B, shall cease to operate and the rights
specified therein shall be transferred and vest in the manner prescribed in
sub-section (1) of section 101-B, notwithstanding anything in the proviso
thereof contained, and the Collector shall proceed to tender the compensation
to the persons severally entitled to receive the same under his award. If any
such person shall refuse to accept the sum so awarded and tendered to him, it
shall be placed to his credit in the public treasury.
(5)
When
any order made under the proviso to sub section (1) of section 101-B, shall,
under the provisions of sub-section (4) of this section, cease to operate and
determine, all rights reserved to any person by such order, shall be
extinguished.
“101-D. Order under the proviso to sub-section (1) of section 101-B to cease to apply to rights voluntarily transferred to a land owner of the estate to which the land is transferred by fixing boundaries.When any person possessing any rights in any land, in regard to the rights in which an order has been made under the proviso to sub-section (1) of section 101-B, voluntarily transfers such rights to any land-owner of the estate, in the land-owners of which, but for such order, such rights would vest under the operation of sub-section (1) of section 101-B, the rights so transferred shall forthwith cease to be subject to such order.
“101-E” Rights transferred to be liable to all the incidents of tenure of the estate to which the transfer is made.In every case in which, by the operation of section 101-B, or section 101-C, or section 101-D, proprietary or other rights in land are transferred from the land-owners and other right-holders of any one estate to the land-owners of any other estate, such rights shall be subject to all the incidents of tenure and liabilities, which, under any law or custom for the time being in force, apply to the rights of the land-owners of the estate to which such rights are so transferred.
“101-F. Meaning of the expression Collector in sections 101-A, 101-B and 101-C.For the purposes of sections 101-A, 101-B and 101-C, respectively, the expression “Collector” shall be deemed to include any Revenue Officer appointed by the 1[State Government] to perform all or any of the functions of a Collector under any of the provisions thereof”
5.
Clause added to sub-section (2) of Section 158 of India Act XVII of
1887 - After
clause (xviii) of sub-section (2) of section 158, of the Punjab Land-revenue
Act, 1887, the following clause shall be added, namely:-
“(xviii-a). Any question connected with or arising out of or relating to any proceedings for the determination of boundaries of estates, subject to river action under sections 101-A, 101-B, 101-C and 101-D, respectively, of Chapter VIII.”
1Substituted for the words “Provincial Government” by the Adaptation of Laws Order, 1950.
6.
Regulation XI of 1825 section 2 and 3 Amendment of section 2 and 3 of Bengal
Regulation XI of 1825 - (1) In section 2 of the Bengal Regulation No. XI
of 18251 (a Regulation for declaring the rules to be observed in determining
claims to lands gained by alluvion or by the dereliction of a river or the sea)
after the words “usage so established shall,” the words following shall be
inserted, namely :
7.
India Act XVII of 1887 - Punjab Act I of 1899 - “Unless and
until a boundary is fixed under the
provisions of section 101-A of the Punjab Land Revenue Act, 1887, as
amended by The Punjab Riverain Boundaries Act-1899.”
8. India Act XVII of 1887 - Punjab Act I of 1899 - In section 3 of the same
Regulation, after the word “Where” the words following shall be inserted, namely:
“no
boundary has been fixed under the provisions of section 101-A of the Punjab
Land Revenue Act, 1887, as amended by the Punjab Riverain Boundaries Act, 1899,
and.”
1The Bengal Alluvion and Diluvion Regulation, 1825.