LexThe Punjab Land Preservation Act, 1900
Haryana · state statute
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1900 : Pb. Act 2] LAND PRESERVATION 195
[HARYANA] LAND PRESERVATION ACT, 1900.
CONTENTS
Sections.
Preliminary.
1. Short title and commencement.
General Definitions.
2. Definitions.
Notification and Regulation of Areas
3. Notification of areas.
4. Power to regulate, restrict or prohibit, by general or special
order, within notified areas, certain matters.
5. Power in certain cases, to regulate, restrict or prohibit, by
special order, within notified areas, certain further matters.
5-A. Power to require execution of works and taking of measures.
6. Necessity for regulation, restriction or prohibition to be
recited in the order under sections 4, 5 or 5-A.
Publication of Order.
7. Proclamation of regulations, restrictions, and prohibitions and
admission of claims for compensation for rights which are
restricted or prohibited.
7-A. Power to fix time within which work to be executed etc.
Control over the beds of Chos.
8. Action when State Government considers it desirable to take
measures to regulate the beds of chos. Vesting of such beds in
the Government.
9. Effect of notification to suspend or extinguish private rights
in the area notified under section 8.
10. Power of Deputy Commissioner to delimit the bed and to
decide what constitutes such bed. Power to take possession of
bed when vested in the Government.
11. Bar of compensation for acts done under sections 8, 9 or 10.
12. [Repealed.]
196 LAND PRESERVATION [1900 : Pb. Act 2
Sections.
Power to enter upon and delimit notified area and beds.
13. Power to enter upon, survey and demarcate local areas
notified under section 3 or section 8.
Inquiry into claims and awards of compensation.
14. Inquiries into claims and awards thereupon.
15. Method of awarding compensation and effect of such award.
Procedure, Records and Appeal.
16. Record-of-rights in respect of notified area.
17. Mode of proclaiming notifications and of serving notices,
orders and processes, issued under the Act.
18. Appeal, review and revision.
Penalties, bar of Suits and Rules.
19. Penalty for offences.
20. Application of provisions of Act VII of 1878.
21. Bar of suits.
22. Power to make rules.
1900 : Pb. Act 2] LAND PRESERVATION 197
11[HARYANA] LAND PRESERVATION ACT,
19001
PUNJAB ACT 2 OF 1900
[28th August, 1900, 10th October, 1900.]
1 2 3 4
Year No. Short title Whether repealed or otherwise
affected by legislation
1900 II
The
11[Haryana] Amended Punjab Acts, 4 of 19052, 73 and 84 of 1926
Land Preservation
Act, 1900
Amended Government of India (Adaptation of Indian
Laws) Order, 1937
Amended by Punjab Act 11 of 19425
Amended by Punjab Act 4 of 19446
Amended by the Indian Independence (Adaptation of
Bengal and Punjab Acts) Orders, 1948 (G.G.O. 40)
Amended by Punjab Act 7 of 19507
Amended by the Adaptation of Laws Order, 1950.
Amended by the Adaptation of Laws (Third Amendment)
Order, 1951
Amended by Punjab Act I of 19518
Extended to the territories which, immediately before the
1st November, 1956 were comprised in the Patiala and
| East Punjab States Union, by Punjab Act No. 18 of 1956
Extended to the territories which, immediately before the
1st November, 1956 were comprised in the Patiala and
East Punjab States Union, by Punjab Act 18 of 19589.
The Haryana Adaptation of Laws (State and Concurrent
Subjects) Order, 196810.
Amended by Haryana Act 15 of 2021
1. For Statement of Objects and Reasons, see Punjab Gazette, 1899, Part V-A,
page 13.
2. For Statement of Objects and Reasons, see Punjab Gazette, 1905, Part V, page
137.
3. For Statement of Objects and Reasons, see Punjab Gazette, 1926, Part V, page
28. It came into force on 16th August, 1926.
4. For Statement of Objects and Reasons, see Punjab Gazette, 1926, Part I, page
544. It came into force on 16th August, 1926.
5. For Statement of Objects and Reasons, see Punjab Gazette , 1942,
Extraordinary, page 255.
6. For Statement of Objects and Reasons, see Punjab Gazette, 1943,
Extraordinary, pages 45-46.
7. For Statement of Objects and Reasons, see Punjab Gazette , 1950,
Extraordinary, pages 159.
8. For Statement of Objects and Reasons, see Punjab Gazette , 1951,
Extraordinary, pages 100.
9. For Statement of Objects and Reasons, see Punjab Gazette (Extraordinary),
1958, pages 546K.
10. For Statement of Objects and Reasons, see Haryana Gazette
(Extraordinary), dated the 29th October, 1968.
11. Substituted by Haryana Act 15 of 2021 (w.e.f 01.11.1966).
Short title and
commencement.
198 LAND PRESERVATION [1900 : Pb. Act 2
An Act to provide for the better preservation and protection
of certain portions of the territories of 1[Haryana] * * 2 * *
* * * 3 * * *
It is hereby enacted as follows :—
PRELIMINARY
1. (1) This Act may be called the 9[Haryana] Land
Preservation 4* * Act, 1900.
5[(2) It shall extend to the whole of the State of 1[Haryana.]
6[(3) It shall come into force at once 7[in the principal
territories and on the 15th May, 1958 in the transferred territories.]
Definitions. 2. In this Act unless a different intention appears from the
subject or context,—
(a) the expression “land” means land within any 8[* *] area
preserved and protected or otherwise dealt with in manner
in this Act provided, and includes benefits to arise out of
land and things attached to the earth or permanently
fastened to anything attached to the earth;
(b) the expression “cho” means a stream or torrent flowing
through or from the Siwalik mountain range within
1(Haryana);
1. Substituted for the word “Punjab” by the Haryana Adaptation of Laws (State
and Concurrent Subjects) Order, 1968.
2. The words “Situate within or adjacent to the Siwalik mountain range” omitted
by Punjab Act 11 of 1942, section 2.
3. The preamble was omitted by ibid, section 3.
4. The brackets and word “(chos)” omitted by Punjab Act 4 of 1944, section 2(a).
5. Sub-section (2) inserted by Punjab Act 11 of 1942, section 4(a) and substituted
by Punjab Act 4 of 1944, section 2(b) was substituted against the present sub -
section by Punjab Act I of 1951, section 2.
6. The old sub-section (2) was renumbered as sub-section (3) by Punjab Act 11 of
1942, section 4(a).
7. Added by the Haryana Adaptation of Laws (State and Concurrent Subjects)
Order, 1968.
8. The word “Local” omitted by the Punjab Act 4 of 1944, section 3(a).
9. Substituted by Haryana Act 15 of 2021 (w.e.f 01.11.1966).
1900 : Pb. Act 2] LAND PRESERVATION 199
(c) the expressions “tree”, “timber”, “forest-produce”
16 of and “cattle”, respectively, shall have the meanings severally
1927. assigned thereto in section 2 of the Indian Forest Act, 1(1927);
(d) the expression “person interested” includes all
persons claiming any interest in compensation to be made on
account of any measures taken under this Act 2(* * );
(e) the expression “Deputy Commissioner” includes
any officer or officers at any time specially appointed by the
3(State) Government to perform the functions of a Deputy
Commissioner under this Act;
4[(f) the expression “rightholder” includes—
(i) persons not being tenants or mortgagees
having rights to or in land; and
(ii) persons having rights of collection of forest
produce or of grazing or pasture; and
(g) the expression “erosion” includes the removal or
displacement of earth, soil, stones or other materials by the
action of wind or water.]
NOTIFICATION AND REGULATION OF AREAS.
5[3. Whenever it appears to the 3(State) Government
that it is desirable to provide for the conservation of sub-soil
water or the prevention of erosion in any area subject to erosion
or likely to become liable to erosion, such Government may
by notification make a direction accordingly.]
4. In respect of areas notified under section 3
generally or the whol e or any part of any such area, the3[State]
Government may by general or special order temporarily * *
* * 6 * * * regulate, restrict or prohibit—
1. Substituted for the figures “1878’’ by Punjab Act 4 of 1944, section 3(b).
See the Indian Forest Act, 1927 (16 of 1927), section 2.
2. The word “and” omitted by ibid, section 3(c).
3. Substituted for the word “Provincial’’ by the Adaptation of Laws Order, 1950.
4. Added by Punjab Act 4 of 1944, section 3(d).
5. Substituted for the old section by Punjab Act 11 of 1942, section 5.
6. The words “or permanently” were omitted by Punjab Act 7 of 1926, section 2.
Notification
of areas.
Power to
regulate, restrict
or prohibit by
general or
special order,
within notified
areas, certain
matters.
Power in certain
cases, to
regulate, restrict
or prohibit by
special order,
within notified
areas, certain
further matters.
200 LAND PRESERVATION [1900 : Pb. Act 2
(a) the clearing or breaking up or cultivating of land not
ordinarily under cultivation prior to the publication of
the notification under section 3;
(b) the quarrying of stone or the burning of lime at places
where such stone or lime had not ordinarily been so
quarried or burnt prior to the publication of the
notification under section 3;
(c) the cutting of trees or timber, or the collection or removal or
subjection to any manufacturing process, otherwise than as
described in clause (b) of this sub- section, of any forest
produce other than grass, save for bonafide domestic or
agricultural purposes 1[or right-holder in such area];
(d) the setting on fire of trees, timber or forest produce;
(e) the admission, herding, pasturing or retention of sheep
2[goats or camels];
(f) the examination of forest -produce passing out of any
such area; and
(g) the granting of permits to the inhabitants of towns and
villages situate within the limits or in the vicinity of any
such area, to take any tree, timber or forest produce for
their own use therefrom or to pasture sheep 3[goats or
camels] or to cultivate or erect buildings therein and the
production and return of such permits by such persons.
5. In respect of any specified village or villages, or part or
parts thereof, comprised within the limits of any area notified under
section 3, the 4[State] Government may, by special order, temporarily
* 5 * regulate, restrict or prohibit—
(a) the cultivating of any land ordinarily under cultivation
prior to the publication of the notification under section 3;
(b) the quarrying of any stone or the burning of any lime at
places where such stone or lime had ordinarily been so
quarried or burnt prior to the publication of the notification
1. Added by Punjab Act 4 of 1944, section 4(a).
2. Substituted for the words “or goats” by ibid, section 4(b).
3. Substituted for the word “or goats” by ibid section 4 (c).
4. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5. The words “or permanently” were omitted by Punjab Act 7 of 1926, section 3.
1900 : Pb. Act 2] LAND PRESERVATION 201
under section 3;
(c) the cutting of trees or timber or the collection or
removal or subjection to any manufacturing process,
otherwise than as described in clause (b) of this sub-
section, of any forest-produce 1[for any purpose], and
(d) the admission, herding, pasturing or retention of cattle
generally other than sheep 2[goats and camels], or of
any class or description of such cattle.
4[5-A. In respect of areas notified under section 3 generally
or the whole or any part of any such area, the 3[State] Government
may, by general or special order, direct—
(a) the levelling, terracing, drainage and embanking of fields ;
(b) the construction of earth-works in fields and ravines ;
(c) the provision of drains for storm water ;
(d) the protection of land against the action of wind or water ;
(e) the training of streams ; and
(f) the execution of such other works and the carrying out of
such other measures as may, in the opinion of the
3[State Government, be necessary for carrying out the
purposes of this Act.]
6. Every order made under 5[sections 4, 5 or 5-A] shall be
published in the 6Official Gazette and shall set forth that the
[State3] Government is satisfied, after due inquiry, that
regulations, restrictions 7[prohibitions or directions] contained
in the order are necessary for the purpose of giving effect to
the provision of this Act.
1. Substituted for the words ‘‘for bona fide domestic or agricultural purposes’’
by Punjab Act 4 of 1905.
2. Substituted for the words ‘‘and goats’’ by Punjab Act 4 of 1944, section 5.
3. Substituted for the word “Provincial” by the Adaptation of Laws Order 1950.
4. Inserted by ibid, section 6.
5. Substituted for “Section 4 or section 5” by ibid, section 7 (a).
6. Substituted for the word “Gazette” by the Governemnt of India (Adaptation
of Indian Laws) Order, 1937.
7. Substituted for the words “or prohibitions” by ibid, section 7 (b).
Power to require
execution of
works and taking
of measures.
Necessity for
regulation,
restriction or
prohibition to be
recited in the
order under
sections 4, 5 and
5-A, Publication
of order.
Proclamation of
regulations,
restrictions and
prohibition and
admission of
claims for
compensation
for rights which
are restricted or
prohibited.
202 LAND PRESERVATION [1900 : Pb. Act 2
7. (1) When, in respect of any 1( * *) area, a notification has
been published under section 3, and—
(a) upon such publication any general order, made under
section 4 2[or section 5- A] becomes applicable to such
area, or
(b) any special order under 3[sections 4, 5 or 5-A], is made
in respect of such area,
the Deputy Commissioner shall cause public notice of the provisions of
such general or special order to be given and if the provisions of any such
order restrict or 4[prohibit the exercise of] any existing rights, shall also
publish in the language of the country and in every town and village the
boundaries of which include any portion of the area within or over which
the
5[exercise of any such rights is so restricted or prohibited] a
proclamation stating the regulation, restrictions and prohibitions which
have been imposed, by any such order, within the limits of such area or in
any part or parts thereof fixing a period of not less than three months
from the date of such proclamation, and requiring every person claiming
any compensation in respect of any right so restricted or pr ohibited,
within such period either to present to such officer a written notice
specifying, or to appear before him and state, the nature and extent of
such right and the amount and particulars of the compensation (if any)
claimed in respect thereof.
(2) Any claim not preferred within the time fixed in the
proclamation made under sub-section (1), shall be rejected :
Provided that, with the previous sanction of the
Commissioner, the Deputy Commissioner may admit any such
claim as if it had been made within such period.
6[7-A. (1) When an order has issued under section 5- A, the
Deputy Commissioner may by notice require the owner or occupier
of the land to execute such works or take such measures as may be
specified in the notice.
1. The word “Local” was omitted by Punjab Act 4 of 1944, section 8 (a).
2. Inserted by ibid, section 8 (b).
3. Substituted for “Section 4 or section 5” by ibid, section 8 (c).
4. Substituted for the word “extinguish” by Punjab Act 7 of 1926, section 4.
5. Substituted for the words “any such rights are so restricted or extinguished”
by ibid, section 4.
6. Inserted by Punjab Act 4 of 1944, section 9.
1900 : Pb. Act 2] LAND PRESERVATION 203
(2) Every such notice shall state the time within which the
works are to be executed or measures are to be taken.
(3) A person aggrieved by an order contained in such a
notice as aforesaid may, within thirty days from the service of such
notice or within such longer period as the Deputy Commissioner
may allow him in this behalf, serve a notice of his objections on the
Deputy Commissioner in such manner as may be provided by the
rules made under this Act.
(4) If and in so far as an objection under this section is
based on the ground of some informality, defect or error in or in
connection with the notice, the Deputy Commissioner shall dismiss
the objection, if he is satisfied that the informality, defect or error
was not a material one.
(5) If the objection is brought on all or any of the following
grounds, that is to say :—
(a) that the notice might lawfully have been served on the
occupier of the land in question instead of on the owner,
or on the owner instead of on the occupier, and that it
would have been equitable for it to have been so served ;
(b) that some other person, being the owner, occupancy
tenant, mortgagee with possession, or lessee, or farm
holder, or possessing some other right in or over the land
to be benefited, ought to contribute towards the expenses
of executing any works or taking any measures required ;
(c) where the work or measure is work or measure for the
common benefit of the land in question and other land,
that some other person being the owner or occupier of
land to be benefited, ought to contribute towards the
expenses of executing any works or taking any
measures required ;
the objector shall serve a copy of his notice of objection on each other
person referred to, and on the hearing of the objection the Deputy
Commissioner may make such order as he thinks fit with respect to the
person by whom any work is to be executed or measure is to be taken and
the contribution to be made by any other person towards the cost of the
work or measure, or as to the proportions in which any expenses which
may become recoverable by the Deputy Commissioner
204 LAND PRESERVATION [1900 : Pb. Act 2
under sub-section (6) are to be borne by the objector and such other
person :
Provided that no such order shall be made unless the person
who is likely to be affected thereby has been given a reasonable
opportunity of being heard.
In exercising his power under this sub- section the Deputy
Commissioner shall have regard—
(a) as between an owner and an occupier, to the terms and
conditions, whether centractual or statutory, of the
tenancy and to the nature of the works and measures
required ; and
(b) in any case, to the degree of benefit to be derived by the
different persons concerned.
(6) Notwithstanding anything to the contrary in any law for
the time being in force, no person required by a notice or an order
under this section to execute any work or to take any measure shall
be required to obtain the consent of any other person before
complying with such notice or order.
(7) Subject to such right of objection as aforesaid and the
right of appeal under section 18, if the person required by the
notice to execute works or to take measures fails to execute the
works or to take the measures indicated within the time thereby
limited, the Deputy Commissioner may himself or by an agent
execute the works or take the measures and recover from that
person the expenses reasonably incurred by him in so doing :
Provided that it shall not be necessary for the Deputy
Commissioner to wait for the decision of any objection other than an
objection under clause (a) of sub- section (5), or an appeal against any
decision on such objection, before taking action under this sub-section.
1 * * * * *
(8) If the cost of any work executed or any measure taken by
any person remains unpaid by the person from whom it is due after the
date specified in a notice issued in this behalf by the Deputy
Commissioner or such other date as is fixed by him, such cost shall be
recoverable as an arrear of land revenue and a certificate issued by the
1. Proviso (2) omitted by Punjab Act 1 of 1951, section 3.
1900 : Pb. Act 2] LAND PRESERVATION 205
Deputy Commissioner in this behalf shall be final and conclusive
evidence of the sum so recoverable and the person liable for the same.
(9) Every order issued under this section shall be published in
such manner as may be prescribed in the rules made under this Act,
and upon such publication every person affected thereby shall, unless
the contrary be proved, be deemed to have had due notice thereof.
(10) The Deputy Commissioner may by general or special
order authorise any revenue officer subordinate to him to enquire
into any objection that may be brought under this section :
Provided that no final order on any such objection shall be
passed except by the Deputy Commissioner himself.
(11) In making an order on objections brought under this
section, the Deputy Commissioner shall be guided by such rules, if
any, as the 1[State] Government may make in this behalf.
(12) For the purposes of this section, the expression “estate”
shall have the meaning assigned thereto in the 2[Haryana] Land
Revenue Act, 1887.]
CONTROL OVER THE BEDS OF CHOS.
8. (1) Whenever it appears to the 1[State] Government that it
is desirable that measures should be taken in the bed of any cho for
the purpose of—
(a) regulating the flow of water within, and preventing the
widening or extension of, such bed, or of;
(b) reclaiming or protecting any land situate within the
limits of such bed;
such Government, may, either proceed at once in manner in sub-
section (2) provided, or in the first instance, by notification
specifying the nature and extent of the measure to be taken and the
locality in and the time within which such measures are to be so
taken, require all persons possessing proprietary or occupancy
rights in land situate in such locality to themselves carry out the
measures specified in such notification accordingly.
(2) If the whole or any part of the bed of any cho be unclaimed,
or, if, in the opinion of the 1[State] Government the measures deemed
necessary under sub-section (1) are of such a character, in regard to
1. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. Substituted by Haryana Act 15 of 2021 (w.e.f 01.11.1966).
Action when
State
Government
considers it
desirable to take
measures to
regulate the
beds of chos.
Vesting of such
beds in State
Government.
Effect of
notification to
suspend or
extinguish
private rights in
the area notified
under section 8.
206 LAND PRESERVATION [1900 : Pb. Act 2
extent and cost, that the interference of the 1[State] Government is
absolutely necessary, or in the event of the owner or occupier of any
portion of the bed of any cho failing to comply with the requirements
of any notification issued under sub-section (1) such Government
may, by notification, declare that the whole or any part of the area
comprised within the limits of the bed of any cho shall vest in 2[the
State Government] * * 3 * * for such period and subject to such
conditions (if any) as may be specified in the notification :
Provided that no such declaration shall be made in respect of,
or shall affect, any land included within the limits of the bed of any
such cho, which at the date of the publication of the notification
making such declaration, is cultivated or culturable, or yields any
produce of substantial value.
(3) When the owner or occupiers of such locality are unbale
to agree among themselves regarding the carrying out of such
measures, the decision of those paying the larger amount of land-
revenue shall be held to be binding on all.
(4) The
1[State] Government may, from time to time, by like
notification, extend the period during which any such area shall
remain vested in the 4[the State Government].
9. Upon the making of any declaration under sub-section (2)
of section 8, all private rights of whatever kind existing in or
relating to any land comprised within the area specified in the
notification containing such declaration at the time of the
publication thereof, shall 5[be suspended for the period specified in
the declaration and for such further period (if any) to which such
period may at any time be extended] :
Provided that, as far as circumstances admit, such rights of
way and water shall be reserved, in respect of every such area, as
may be necessary to meet the reasonable requirements and
convenience of the persons (if any) who at the time of the making
of such declaration, possessed any such rights over such area.
1. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. Substituted for the words “His Majesty for the purposes of the Province” by
the Adaptation of Laws (Third Amendment) Order, 1951.
3. The words “either absolutely and in perpetuity or” were omitted by Punjab
Act 8 of 1926, section 2.
4. Substituted for the words “His Majesty” by the Adaptation of Laws (Third
Amendment) Order, 1951.
5. Substituted for the old clauses (a) and (b) by Punjab Act 8 of 1926, section 3.
1900 : Pb. Act 2] LAND PRESERVATION 207
10. (1) The Deputy Commissioner shall, for the purposes of
every notification issued under sub- section (2) of section 8, fix the
limits of the area comprised within the bed of the cho to wh ich
such notification is to apply.
(2) Upon the publication of a notification containing any
declaration under sub-section (2) of section 8, it shall be lawful for
the Deputy Commissioner to--
(a) take possession of the area specified in such declaration;
(b) eject all persons therefrom ; and
(c) deal with such area, while it remains vested in 1[the
State Government], as if it were the, absolute property
of 1[the State Government].
11. No person shall be entitled to any compensation for any
thing at any time done, in good faith, in exercise of any power
conferred by section 8, section 9 or section 10.
12. [Condition as to sale of land acquired under the Act and
obligation of Local Government to keep account of moneys
expended on such land]—Repealed by Act 8 of 1926, s. 4.
POWER TO ENTER UPON AND DELIMINT NOTIFIED AREAS AND BEDS
13. It shall be lawful for the Deputy Commissioner and for
his subordinate officers, servants, care takers and workmen, from
time to time, as occasion may require,—
(a) to enter upon and survey any land comprised within any 2* * * * area in regard to which any notification has been
issued under section 3 or section 8 3[or in regard to which
a notification is proposed to be issued under section 5-A];
(b) to erect bench -marks on and to delimit and demarcate
the boundaries of any such;
(c) to do all other acts and things which may be necessary
in order adequately to preserve or protect any land or to
give effect to all or any of the provisions of this Act :
1. Substituted for the words “His Majesty” by the Adaptation of Laws (Third
Amendment) Order, 1951.
2. The word “local” omitted by Punjab Act 4 of 1944, section 10(a).
3. Inserted by ibid, section 10(b).
Power of Deputy
Commissioner to
delimit the bed
and to decide
what constitutes
such bed. Power
to take
possession of
bed when vested
in the State
Government.
Bar of
compensation
for acts done
under sections 8,
9 or 10.
Power to enter
upon, survey and
demarcate local
areas notified
under section 3
or section 8.
Inquiries
into claims
and awards
thereupon.
208 LAND PRESERVATION [1900 : Pb. Act 2
Provided that reasonable compensation, to be assessed
and determined in the manner in this Act provided, shall be
made in respect of any damage or injury caused to the property
or rights of any person in carrying out any operations under the
provisions of this section, but no such compensation shall be
payable in respect of anything done under the said provisions
within the limits of any 1* * * * area notified under section 8.
INQUIRY INTO CLAIMS AND AWARD OF COMPENSATION
14. (1) The Deputy Commissioner shall—
(a) fix a date for inquiring into all claims made under
section 7 * 2 * and may in his discretion, from
time to time, adjourn the inquiry to a date to be
fixed by him;
(b) record in writing all statements made under
section 7;
(c) inquire into all claims duly preferred under
section 7 *
2 *; and
(d) make an award upon each such claim, setting out
therein the nature and extent of the right claimed, the
person or persons making such claim, the extent (if
any) to which, and the person, or persons in whose
favour, the right claimed is established, the extent to
which it is to be restricted or 3[prohibited] and
the nature and amount of the compensation (if
any awarded).
(2) For the purposes of every such inquiry the Deputy 14 of
Commissioner may exercise all or any of the powers of a Civil 1882
Court in the trial of suits under the 4Code of Civil Procedure.
(3) The Deputy Commissioner shall announce his award
to such persons interested, or their representatives, as are
present, and shall record the acceptance of those who accept
it. To such as are not present, the Deputy Commissioner shall
cause immediate notice of his award to be given.
1. The word “local” omitted by Punjab Act 4 of 1944, section 10(a).
2. The words “or section 12” were omitted by Punjab Act 8 of 1926, section 5.
3. Substituted for the word “extinguished” by ibid, section 5.
4. See now the Code of Civil Procedure, 1908 (Act 5 of 1906).
1900: Pb.Act 2] LAND PRESERVATION 209
15. (1) In determining the amount of compensation, the
Deputy Commissioner shall be guided, so far as may be, by
the provisions of sections 23 and 24 of the Land Acquisition
Act, 1894, and, as to matters which cannot be dealt with under
those provisions, by what is just and reasonable in the
circumstances of each case.
(2) The Deputy Commissioner may, with the sanction
of the 1[State] Government and the consent of the person
entitled, instead of money award compensation in land or by
reduction in revenue or in any other form.
(3) If, in any case, the exercise of any right is
prohibited for a time only, compensation shall be awarded
only in respect of the period during which the exercise of
such right is so prohibited.
2(4) * * * * *
PROCEDURE, RECORDS AND APPEALS
16. (1) For every area, notified under section 3 or
section 8, the Deputy Commissioner shall prepare a record
setting forth the nature, description, local situation and extent
of all rights mentioned in section 4 and section 5—
(a) existing within such area at the time of the
publication of the notification relating thereto
under section 3 or section 8;
(b) regulated, restricted, *
3 * or 4[prohibited] by any
order under section 4 or section 5.
(2) When any award is made under section 14, its
effect upon any right shall also be recovered therein.
17. (1) Upon the publication of a notification issued
under any of the provisions of this Act, the Deputy
Commissioner shall cause public notice of the substance
thereof to be given at convenient places in the locality to
which such notification relates.
1. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. Repealed by Punjab Act 8 of 1926, section 6.
3. The word “suspended” was omitted by Punjab Act 8 of 1926, section 7.
4. Substituted for the word “extinguished” by ibid, section 7.
Method of
awarding
compensation
and effect of
such award.
Record of rights
in respect of
notified areas.
Mode of
proclaiming
notification and
of serving
notices, orders
and processes
issued under the
Act.
1 of
1894.
Appeal, review
and revision.
Penalty for
offences.
Application of
provisions of the
Indian Forest
Act, 1927.
210 LAND PRESERVATION [1900 : Pb. Act 2
(2) The procedure prescribed in sections 20, 21 and 17 of
22 of the 5[Haryana] Land-Revenue Act, 1887, shall be
followed, as far as may be, in proceedings under this Act. 1887.
18. Every order passed and every award made by a
Deputy Commissioner under this Act, shall, for the purposes
of appeal, review and revision, respectively, be deemed to
be the order of a Collector within the meaning of sections
13, 14, 15 and 16 of the 5[Haryana] Land-Revenue Act,
1887 :
Provided that nothing in this Act contained shall be
deemed to exclude the ju risdiction of any Civil Court to
decide any dispute arising between the persons interested in
and compensation awarded as to the apportionment or
distribution thereof amongst such persons or any of them.
P
ENALTIES, BAR OF SUITS AND RULES
19. Any person who, within the limits of any 1* * * *
area notified under section 3, commits any breach of any
regulation made 2[restriction or prohibition imposed, order
passed or requisition made under sections 4, 5, 5- A or 7 -A]
3[or obstructs or resists in any way whatever the execution
of acts or things done under section 13,] shall be punished
with imprisonment for a term which may extend to one
month, or with a fine which may extend to one hundred
rupees, or with both.
20.
4[The provisions of sections 52, 54, 55, 56, 57, 58,
59, 60, 61, 62, 64 (excluding the last sentence), 66, 67, 68,
and 73 of the Indian Forest Act, 1927,] shall, so far as
applicable, be read as part of this Act, and for the purposes
of those provisions, every offence punishable under section
19 shall be deemed to be a “forest offence”, and every
officer employed in the management of any area notified
under section 3 or section 8, as care -taker or otherwise, shall
be deemed to be a forest officer.
1. The word “local” omitted by Punjab Act 4 of 1944, section 11(a).
2. Substituted for the words “or restriction or prohibition imposed under section
4 or section 5” ibid, section 11(b).
3. Inserted by Punjab Act 7 of 1950, section 2.
4. Substituted for “The provisions of sections 52, 54, 55, 56, 57, 58, 59, 60, 61,
63 (excluding the last sentence), 64, 65, 66, 67, and 72 of the Indian Forest
Act, 1878,” by Punjab Act 4 of 1944, section 12.
5. Substituted by Haryana Act 15 of 2021 (w.e.f 01.11.1966).
1900 : Pb. Act 2] LAND PRESERVATION 211
21. No suit shall lie against the 1[Government] for anything
done under this Act, and no suit shall lie against any public servant,
for anything done, or purporting to have been done, by him, in
good faith, under this Act.
22. (1) The
2[State] Government may make rules, consistent
with this Act,—
(a) regulating the procedure to be observed in any
inquiry or proceeding under this Act; and
(b) generally for the purpose of carrying into effect
all or any of the provisions of this Act.
(2) All rules made under this section shall be published in
the 3Official Gazette.
Bar of suits.
Power to make
rules.
1. Substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
2. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3. Substituted for the word “Gazette” by the Government of India, (Adaptation
of Indian Laws) Order, 1937.