The Pb preservation of Subsoil Act,2009 copied gazette

PUNJAB GOVT GAZ. (EXTRA), APRIL 28, 2009 
(VYSK 8, 1931 SAKA) 93 
  
PART-I 
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB 
Notification 
The 28" April, 2009 
No. 7-Leg./2009- The following Act of the Legislature of the State of Punjab received the assent of the 
Governor of Punjab on the 2™ April,2009, and is hereby published for general information:- 
THE PUNJAB PRESERVATION OF SUBSOIL WATER ACT, 2009 
(Punjab Act No. 6 of 2009) 
AN 
ACT 
to provide for prohibition of sowing nursery of paddy and transplanting paddy before the notified dates, and 
for the matters connected therewith or incidental thereto 
BE it enacted by the Legislature of the State of Punjab in the Sixtieth Year of the Republic of India as 
  
      
  
follows:- 
1. (1) This Act may be called Punjab Preservation of Subsoil Water Act, 2009 
. Short title & 
(2) It shall come into force at once. commencement 
2. Inthis Act, unless the context otherwise requires,- 
(a) “authorised officer” means an officer, authorised by State Government by — 
Definitions 
      
notification in the Official Gazette; 
(b) “Collector” shall have the meaning, as has been assigned to it in the Punjab Land Revenue 
Act, 1887, and includes any other officer, as may be appointed under this Act by the State 
Government by notification in the Official Gazette to exercise the powers of Collector; 
(c) “farmer” means any person, cultivating land either as an owner or as tenant or as a share 
cropper for the purpose of agriculture, horticulture, agro forestry and the like; 
(d) “notified date” means the date as notified under sub-sections (/) and (2) of section 3; and 
(e) “State Government” means the Government of the State of Punjab.

PUNJAB GOVT GAZ. (EXTRA), APRIL 28, 2009 
(VYSK 8, 1931 SAKA) 94 
  
3. (1) No farmer shall sow nursery of paddy before 10" Day of May of the agricultural 
  
  
No farmer to sow 
or transplant 
addy before the . 
e tified date Official Gazette for any local area. 
year or such other date as may be notified by the State Government by notification in the 
    
Explanation — For the purpose of this section, ‘agricultural year’ means the year commencing 
on the 16" day of June or on such other date, as may be appointed by the State Government by 
notification in the Official Gazette for any local area. 
(2) No farmer shall transplant paddy before such date, as may be notified in this regard 
by the State Government by notification in the Official Gazette. 
(3) Notwithstanding anything contained in sub-sections (/) and (2), the provisions of this 
section, shall not be applicable to- 
(a) any research project of the Punjab Agricultural University, Ludhiana; 
(b) any other Research Institute, as may be declared by the State Government 
by notification in the Official Gazette; 
(c) any water logged area, as may be declared by the State Government by 
notification in the Official Gazette; 
Explanation — For the purpose of this clause, the term ‘water logged area’ means an area, 
having depth to water table less than one metre below the ground level; and 
(d) any other method of paddy crop, as may be declared by the State Government 
by notification in the Official Gazette. 
  
Power to enter 4. The authorised officer or his subordinate, servant or workman shall have the power to 
into estate 
    enter into the estate of any farmer for the purpose of surveying the area to assess the 
  
violation of the provisions of this Act. 
Explanation- The term ‘estate’ shall have the same meaning as has been assigned to it under the 
Punjab Land Revenue Act, 1887. 
5. The authorised officer, either swo motto or on the information brought to his notice 
  
Power to issue regarding the violation of any provision of this Act, shall be competent to issue directions to 
directions 
      
the farmer, who has violated any provision of this Act to destroy the nursery of paddy or 
sown or transplanted before the notified date.

PUNJAB GOVT GAZ. (EXTRA), APRIL 28, 2009 
(VYSK 8, 1931 SAKA) 95 
  
  
6. Incase, a farmer does not act as per the directions of the authorised officer given 
under the section 5, the authorised shall cause such nursery of paddy, or sown or 
  
Power to destroy the 
nursery of paddy or 
transplanted paddy and 
recover expenses 
  
transplanted paddy, as the case may be, to be destroyed at the expenses of such farmer. 
7. (1) Any farmer, who contravenes the provision the provisions of this Act, shall be liable 
of penalty of rupees ten thousand for every month or part thereof, per hectare of the land 
till the period, such contravention continues. 
(2) The penalty referred to in sub-section (/), shall be in addition to the recovery of the 
  
Penalty 
      
expenses, incurred for destroying the nursery of paddy, or sown or transplanted paddy before 
the notified date. 
(3) Before passing an order for imposing any penalty under sub section (/), the authorised officer 
shall make such enquiry, as he may deem necessary and shall give an opportunity of being 
to the concerned farmer. 
8. Any farmer, aggrieved by an order of the authorised officer, passed under sub section (3) of Appeal 
section 7, may prefer an appeal to the Collector within a period of thirty days from the date 
of passing the order. 
9. The penalty and the expenses referred to in section 7, shall be recoverable as arrears of 
land revenue. 
10. No suit, prosecution or legal proceedings shall lie against the State Government or its 
officer or employee for anything, which is done or intended to be done in good faith 
under this Act. 
11. No Civil court shall have jurisdiction to entertain any suit or proceeding in respect 
of any matter arising under or connected with this Act. 
12. Notwithstanding anything to the contrary contained in any other law, enacted by the Punjab 
State Legislature for the time being in force, the provisions of this Act shall have effect. 
REKHA MITTAL, 
Secretary to Government of Punjab, 
Department of Legal and Legislative Affairs. 
heard 
  
      
  
  
Recovery 
  
  
Protection for 
actions taken 
in good faith 
      
  
  
Bar of jurisdiction 
      
  
Overriding effect 
     

‹ Prev All Punjab acts Next ›