The EAST PUNJAB UTILIZATION OF LANDS ACT, 1949

THE EAST PUNJAB UTKLXZATXON OF LANDS 
ACT, 1949 
TtcBLE OF CONTENTS 
Sections. 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
14A. 
15. 
16. 
Short-ti~lc and extent. 
Dcfinirions. 
Power 10 take possession of any vacant land. 
Payment of compensation. 
Lease by Collector. 
Power oF Cdlcctor to determine leasc in cenain cases. 
Dclivery of posscssjcn on teminalion of leu*~'. 
Penalty for failure of the [enant lo grow food or [odder crops. 
Omitted. 
Sums due rec~~venble as arrears of Iand rcvenue. 
Power of Collecror to use force for sccuring compliance with his order. 
Delegadon of functions. 
Instrument of'leasc not ncctlssmy. 
Appeal and Revision. 
Omitred. 
Dcbar to suils or legal proceedings. 
Powcr of Governmen! to make n11es. 
'TJdE EAST PUNJAB UTILIZATION OF LANDS 
ACT, 1949. 
EAST PUNJAB ACT NO. 38 OF 1949. 
' (&c&ved the assent of His DccIIency the Go~mzor-Gmeml !he 
22nd hroverrtber, 1949, and fir plrblished j?r I he East Pltrqub 
Government Gazelte (Ehrno~-dinary) of Novenr ber 26, 1 9491. 
- 
1 - 
Year 
- 
1949 
- - 
4 
Whether repealed or urherwise 
affecled hy legtsla~iun. 
Amended in put by the Adaptarion of 
Laws Order, 1950> 
Amended in pan by he Adaphlion of 
Laws (Third Amendment) Order, 
1951. 
Amended in par[ by Punjab Acr 11 of 
19512. 
Amended in part by Punjab Act 32 of 
1953'. 
Amended by Punjab Act No 39 of 
1956'. 
Amcndcd by Punjab ACI No. 24 of 
f 9575. 
Extended to the rerrirorics which 
I immedia~el y beforc ~hc lsl November, 
1956; were comprised in the Statc 
I 
of PaliaIa and East Punjab State Union, 
by Punjab Act No. 5 of 1 95g6. 
2 
No. 
3R 
1. For Statement of Objccts and Rcasons. sre East Punjab Government Gazelle 
(Extraordinary). 1949. page 1 130. 
2. For Slaternen1 of Objccls and Reasons, see Punjab Government Gazet~e 
Fxtraordinary)l95 1, page 93. (This Act rcpaled Punjab Ordinance No. 15 of 
- 1950). 
3 
Shdrt title 
The East Punjab 
Utilization OF 
Lands Act. 1349 
3. For Statement of Objects and Reasons, sce Punjab Governmenr Gazette 
Exuaordinary). 1953. page 164. 
L 
4. Fur Statemcn~ ui Objects and Reasons, see Punjab Government Gazcttt: 
- .(Exvaordinaq), the 2 I" August, 1956, pages 1078-79. 
5- For Sta~emcnt of Objects and Rcasons, sct: Punjab Gclvernment Gazc~tc 
(Exrranrdinary). dated the 21" May, 1957, paze 660. 
6. For Stalemcnt nf Objects and Reasons, see Punjab Covcrnmcnt Gaze~tc 
(E~tr~zordinary), 1355. pagc 1487. 
272 UTILIZATION OF LANDS [I949 : EAST PB. ACT 38 
Year 1 No. - ( Shon tide 
1 
Whether repealed or otherwise 
affected by Iegislatinn. 
38 The East Punjab 
Ulilization of 
Lands Act, 1949 
Arnendcd by Punjab Acr No, lof 
1960'. 
Amended by thc Haryana Adap~don 
of Laws (State and Concurrent 
Subjects) Order, 1968. 
Amended by Haryana Acr 1 of 197 1 '. 
Arnendcd by Haryana Act 35 of 197 1'. 
AN ACTTO PROVIDE FOR THE UTILIZATION OF LANDS M 'DRYANA] 
It is hereby enacted as follows :- 
s hurl ~ide and 1. (I) This Act may be called the East Punjab UdIization of Lands 
extent. Act, 1949. 
(2) It extends to the whole of the '[State] of 4[Haryana]. 
Definitions. 2. In this Act, unless thcre is anything repugnanl in the subject 
or context,- 
East Punjab Acl (a) "Allottee" has the meaning assigned to it under the East 
36 of 1949. Punjab Displaced Persons (Land Resettlement) Act, 1949. 
(6) "Collector" means Collector of the district where the land is 
situated. 
1. For Staremcnt of Objects and Reasons, see Punjab Government Gazette 
(Extraordinary), dared the 31" march. 1959, page 472. 
2- For Statemeni of Objects and Reasons, sce Haryana Govemen~ Gazette 
(Extraordinary) 1971, page 138. 
3. For S~a~emcnt of Objects and Reasons, sec Haryana Government Gazette 
(Extraordinary) 197 1, page 1002. 
4. Substituted for the word "Punjnb by [he Haryana Adapla~ion oC Laws (SI~IC 
and Concurrent Subjecls)Order, 1968. I 
5. Substituted for he word "Province" by the Adaprauon of laws Order. 1950. 
6. Sub-section (3) wliich read as Follows :- 
"Ir shall remain in force Inr two years from the dare of iis cornmenccment" was 
ornilled by Punjnb Aci 1 1 ol' 1951, section ?.. 
1349 : EAST h. ACT 381 1 ITII_IZATION OF LANDS 273 
(c) "Custodian" has the meaning assigned to it in the 
Administration of Evacuec Propcrty Ordinance, 1949. 
d "Evacuee !and" means Iand which has vested in the Custodian 
under the provisions of the Administration of Evacuee 
Property Ordinance, 1949. 
(e) "Land" means land which is not urban land and is not 
occupicd as the site OF ky building in a town nr village, but 
does not iqclude Iand which is leased by Government or 
~ustodian under any law other than this Act. 
(J "Owner" means a person having a proprietary righL in the 
land and includes an allottee, a usufructuary mortgagee or a 
lessee. 
(g) "Prescribed" means prescribed by rulcs made under the Act. 
(h) 'Tenant" means a person to whom land is leased by the 
Collecror undcr the provisiotls of this Act. 
(i) "Urban land" means all land included within the limits of a 
Corporation, Municipal Committee, Notified Area 
Committee. Town Area, Small Town Committee and 
Cantonment. 
3. '[{I) Notwithstanding any law to the contrary. the Cnllecror Power to take 
may issue notice lo the owner of any land which has not been cultivated possession of 
for the last six or more hanests to show cause within thirty days of the vacant 
date of the service of such notice on him, why the land has not heen 
cultivated and in case rhe Collector does not find the explanation to he 
satisfactory, hc may rake possession of the land forthwith for the purposes 
of this Act : 
Provided that the Collector may take possession of the land without 
issue of notice, if, in his opinion, the owner lhereof has been wronghll y 
shown in the revenue records to have cultivated the land which in fact 
remained uncul~ivated for six or more harvests prior to such wrong entry.) 
(2) The notice required hy sub-section (I) shall be deemed to 
be duly served if delivered at or sent by post to, the usual or last known 
place of residencc of the owner : 
1, Sub-section I I) of scciian 3 subsliruted by Punjab hcl No. 39 of 1956. 
secl~on 2. 
274 UTIL~ZATION OF LANDS 11 949 : EAST PB. ACT 38 
Lensc by Col- 
lector. 
Power of Col- 
lector to deter- 
mine lease in 
certain cases. 
Provided that no notice shall be deemcd to be invalid on the ground 
of any defect, vagueness or insufficiency. 
'14. Where possession of any land has been taken undcr he last 
preceding section, compensation shall be paid in accordance with the 
provision of sccrion 23 (1) of the Land Acquisition Act, 1894 (Act No. 1 
of 1894) : 
Provided that from the compensation rhe Collector shall be 
competent to deduct the expenditure, if any, incurred in relation to any 
preliminary prmess incidental to the utilization of the said land or in 
connecrion with any additional staff or services rendered necessary for 
such utilization and computed in the manner prescribed. The balance 
shall be paid to the person who in his opinion is entitled to reccive he 
same, without prejudice to the rights of any other person who may be 
lawfully enlitled to claim it.] 
5. Where the Collector has taken possession of any land under 
section 3 he may, lease it to any person on such terms and conditions as 
he may deem fit for the purpose of growing food and fodder crops : 
?[Provided thar the period of lease shall nor be less than 7 years or 
morc than 30 years.] 
3[6. (I) If a tenant commits a breach of my of the terms and 
condilions of his tenancy, the Collector shall have the power to determine 
he Icase and take possession of the land afier affording a rcasonabIe 
opportunity to the tenant to show cause why h~s Lease should nor be 
determined and the possession of the land taken. 
(2) Where lease has been determined by the Collector under 
sub-section (I), the tenant shall not be entitled to any cornpensarion. 
(3) The principles embodied in the various provisions of the 
Transfer of Property Act, 1882, shall not apply to any proceedings under 
this Act. 
(4) No civil or revenue court shall have jurisdiction to entertain 
any suit or prnceedjngs in respect of the determination of lease or eviction 
of a tenant.] 
1. Substi~utcd for section 4, by the Easl Punjab Ut~liznrion oFLsnds (Arnendmenr) 
Act, 1953, section 2 (Punjab Acr 32 of 1953). 
2. Substituted for the old proviso by Punjab Aci 1 1 of I95 1, seclion 5. 
3. Subsriiuted for ~ec~ion 6 by Haryana Act 35 197 1. 
1949 : EAST PB. ACT 381 UTILIZATION OF LANDS 27 5 
7. (I) Where any land taken possession of by the Collecror under Delivery of 
section 3, is on the expiry of the lease ' [ " * * * * "1 to be returned p"ssession on 
to rt~e owner, thc ~ollector-may after making such inquiry, if any, as he termination of 
leasc. 
considers necessary, specify by order in writing the person ro whom 
I 
possession of the land shall be given. 
(2) The delivery of possession of land to ~hc person specified in 
any order made under sub-secrion (1) shall be a full discharge of the 
Collector Irom all liability in respect of such delivery bul shall not 
prejudice any rights in respeclo1 the land which any other person may 
be cnti tled by due process of law io enforce against the person to whom 
possession of the land is so delivered. 
(3) Where the person to whom possession of any land is to be 
givcn cannot be found and has no agent or other person empowered to 
accept delivery on his behalf, the Collector shall cause n notice declaring 
that the land is released to be affixed on some conspicuous part of the 
land. 
(4) On issue of the notice referred to in sub-section (3) the land 
specified in the notice shall be deemed to have. been delivered LO [he 
person entitled to the possession thereof, and the Government or the 
Colle.ctor shall not bc liable. lor any compensation or other claim in 
respecr of the land for any period aftcr the said dale. 
8. Where the tenant fails to grow food or fodder crops on the land Pendry for fad- 
ure of fir: renmr leased to him, he shall bcrides the payment of rent fixcd under section 5 ,o or 
be also liable to pay a penalty not exceeding twice such renr. Foddtr crops. 
1 0. All sur-11s due under (his Act from thc n wner or tcnant shall be suln5 due Ircor- 
erahle as arrcars 
rc~overable as marrcars of land Ievenue. of land rcvcnuc. 
11. The Collector may takc or cause Lo be taken such steps and usc palk-cr uf collcc- 
lur to usc l'orcc or cause to hc used force as may in his opinion be reasonably necessary ,,,,,i ,, for sccuring compliance wilh any order madc by him undcr this ACL. cumpliantc lvilll 
his ordcrs. 
12. The Collecror may delegate all or any of his powers and Dclcgillion or 
funclions under thls Act to any officcr of [he Revcnue or Rehabilitation rUnC'io"S. 
Deparimcl~t in his &strict cithcr by name or designation. 
1. 'f'hc words ''or its earlicr tcrminalion" ornilred by Phnjab Act I I of 195 I. 
section 7. 
2, Secliun 9 omitted by Punji~b 11ct I 1 of 195 1, section 8. 
276 UT~IZATION CF LANDS 11 949 : EAST PB. ACT 38 
Ins~rumenr of 13. Notwithstanding anything contained in any law for the time ! 
Ica~c no1 ncccs- I 
sv being in force, no instrument in writing to give effect ro a lease by the 
Collector under the Act shall require stamps, attestation or registration. : 
~ppeal ;md Rcvi- '(14. (I) Any person aggrieved by an order passed by the Collector ' 
sion. may, within fifteen days lrom the date of such order, or such longcr 
'7 
PI-iud as [he Ccmissioner my a?lc.+ fcr xasons :G 5c recordcd iii 
wri tins, prefer- an appeal in writing to the Commissioner of Di vjsion in 
which the land is situate. 
r+,~~~~~i~,, :- ln ba~~ipk~~rlg -. -.--.-,* the peiiod ai G Tizerl diiys, ti~c; tinlt: 
raken in obraining a certifitd copy of rhe order appealed against sbzll br 
excf uded. 
12) On such appeal being preferred, the Commissioner may 
order stay of f~rrher ~rsf eedings in lhc ma!:c: ~r;ding decisioi; or: the 
appe'li . 
[.3! Thc Ci~!nmi.;.;irqer .h_tw!] decide the ?ppc.! ?I!r!- a- ni~:i?.c 5 tho %maw 
parlies an opporrunity of being heard and, if necessary, after sending for 
the ~cort!s of the case frtm the CnIIcctor and zF!er mahng such ennrvi-' Y "*'J 
as ilc Lhinks fit either personally or through the r'lniltcror. I 
. . (A) '!'!h~ ylz[e ~~;#zy~~-z~ ET ;hz 5;;;~c:i ~;,;;-i;;>;r,;iGEcr 
auhoriscd by it in this bchail: may, nt my he. for the cspose of 
"..':..L ;.--I&' .-.- LL.-. - :f' 
..... >. b..,- . .I.. t.. .u2. ', 
- --- - --.= :L-:-:U i:i i::ic-*-'* ww -LL :LI :ILL IG~LL~ILJ u;' ++l3Ci, Ui Zi LXtZi- 
passed by E:, nffircr under thjs Act, cd! fix :fid examiae the :EGG:& of 
any case pcnding before or disposed of by such officer and may: after 
giving the parties a reasonable opportunity of being heard, p:~ss such 
order in reference t!:c~-eco as may be deemed fit. 
(51 E.rcepr as provided ill Lllis Act no order made or xtinn rekcn 
in cxcrctsc oiiuly powerconlmeci by Ihis Act shall becalled in~oquesrion 
in any court or SEF~I.~ sny ufficcr or mthoirj.1 
i. Sc~riulr i4 sub~~ililicci by Punjab Act KO, i d 19tiii. swtior~ j 2. t3rt..\ir>uslg 
sub-sec~ion (1) !hcrcnf was subsiituled by Punjab Acl No. 39 of 1956, 
section 3. 
2. Section ICA whicn was previously inserted hy Haryann Aui I oi!9'11. onlitled 
by lbryana ACI 3 of 197 I, 
-1 949 : EAST ?B. ACT 381 UTILIZATION OF l.A>!P> 277 
15. (I) Tdo suil, prosecution or other Iegnl proceedir,g shall be Debar LC suit!; 
instituted against my pesnn for any thins which is, in good faith, done or Or legal pro- 
intcnded to be done under this Act. ccedings. 
(2) No suit or orher legal proceedings shall iic against the 
'[Government] for any damage causcd by any ihi ng which is, in good 
F~itb, donc or inkndcd to by d~iic mdcr tiis Act. 
IG. The '[St~ie] Government may by noti~ication make 'rules for Pawcr of GOV- 
carrying out ihe provisions of this Act. ernmcnl lo 
makc m!~. 
--A . 
1. Sr~bs~ihtcd for the word "C7-own" by rhe .4daptarion &Laws Order, 1950. 
2. Subs!ituted fa the word 'Pmui ncial" hy 11;e Adaptafitm naT Law Order, 1950. 
3. For rules, SCE Pritljab Governrr~la~t MotiJicario~l No. 1'16U-FP-5Uf780, dared 
20th I:cbruary, 1950. 

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