The Punjab Preservation of Sub-Soil Water Act, 2009

PUNJAB GOVT GAZ. (EXTRA.), APRIL 28, 2009 93 
(VYSK 8, 1931 SAKA) 
PART-I 
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB 
Notification 
The 28th April, 2009 
No. 7-Leg/2009.-The following Act of the Legislature of the State of 
Puniab received the assent of the Governor of Punjab on the 2nd April, 2009, and 
is hereby published for general information : 
THE PUNJAB PRESERVATION OF SUB-SOIL WATER ACT, 2009 
(Punjab Act No. 6 of 2009) 
AN 
ACT 
o provide for the prohibition of sowing nu°sery of paddy and tramsplanting paddy before the notified dates, and for the matters connected therewith or incidental thereto. 
B[ it enacted by the Legislature of the State of Punjab in the Sixtieth 
Year of the Republic of India as follows -
1. () This Act may be called the Punjab Preservation of Sub-Soil Short title and 
Water Act, 2009. 
(2) It shall come into force at once. 
2. In this Act, unless the context otherwise requires, 
(a) "authorised officer" means an officer, authorised by the State 
Government by notification in the Official Gazette; 
(b) "Collector" shall have the same 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 a Collector ; 
commencement. 
Definitions. 
(c) farmer means any person, cultivating land either as an owner 
or as a 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 93 
(VYSK 8, 1931 SAKA) 
—_— 
PART-1 
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB 
Notification 
The 28th 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 2nd April, 2009, and 
is hereby published for general information :— 
THE PUNJAB PRESERVATION OF SUB-SOIL WATER ACT, 2009 
(Punjab Act No. 6 of 2009) 
AN 
ACT 
10 provide for the 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. (I) This Act may be called the Punjab Preservation of Sub-Soil Short tit and 
Water Act, 2009. 
commencement. 
(2) It shall come into force at once. 
2. In this Act, unless the context otherwise requires,— Definitions. 
(a) “authorised officer” means an officer, authorised by the State 
Government by notification in the Official Gazette ; 
(b) “Collector” shall have the same 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 a Collector ; 
(c) “farmer” means any perso, cultivating land either as an owner 
or as a 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 
(1) and (2) of section 3 ; and 
(e) “State Government” means the Government of the State of 
Punjab.
No farmer to sow 
or transplant 
paddy becfore the 
notificd date. 
Power to cnter 
into estatc. 
Power to issue 
directions. 
94 PUNJAB GOVT GAZ. (EXTRA.), APRIL 28, 2009 
(VYSK 8, 1931 SAKA) 
3. (4) No farmer shall sow nursery of paddy before the 10th day of 
May of the agricultural year or such other date, as may be notified by the State 
Government by notification in the Official Gazette for any local area. 
Explanation.-For the purpose of this section, 'agricultural year' means the 
year commencing on the 16th 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 (l) 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 Officiai 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. 
4. The authorised officer or his subordinate, servant or work1man shall 
have the power to 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 offricer, either suo moto or on the information brought 
to his notice regarding the violation of any provision of this Act, shall be 
competent to issue directions to the farmer, who has violated any provision of 
this Act to destroy the nursery of paddy or sown or transplanted paddy before 
the notified date. 
No farmer to sow 
or transplant 
paddy before the 
notificd date. 
Power to cnter 
into cstate. 
Power to issue 
directions. 
94 PUNJAB GOVT GAZ. (EXTRA.), APRIL 28, 2009 
(VYSK 8, 1931 SAKA) 
3. (1) No farmer shall sow nursery of paddy before the 10th day of 
May of the agricultural year or such other date, as may be notified by the State 
Government by notification in the Official Gazette for any local area. 
Explanation.— For the purpose of this section, ‘agricultural year’ means the 
year commencing on the 16th 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. 
4. The authorised officer or his subordinate, servant or workman shall 
have the power to 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 suo moto or on the information brought 
to his notice regarding the violation of any provision of this Act, shall be 
competent to issue directions to the farmer, who has violated any provision of 
this Act to destroy the nursery of paddy or sown or transplanted paddy before 
the notified date.
PUNJAB GOVT GAZ. (EXTRA.), APRIL 28, 2009 (VYSK 8, 1931 SAKA) 6. In case, a farmer does not act as per the directions of the authorised Power o fficer given under section 5, the authorised officer shall cause such nursery paddy or trans of paddy, or sown or transplanted paddy, as the case may be, to be destroyed planted paddy and 
at the expenses of such farmer. 
95 
7. (1) Any farmer, who contravenes the provisions of this Act, shall Penalty. he liable for penalty of rupees ten thousand for every month or part thereof, ner hectare of land till the period, such contravention continues. 
(2) The penalty referred to in sub-section (1), shail be in addition to the recovery of the expenses, incurred for destroying the nursery of paddy, or sOwn or transplanted paddy before the notified date. 
recover Cxpenscs. 
(3) Before passing any order for imposing penalty under sub-section /). the authorised officer shall make such enquiry, as he may deem necessary and shall give an opportunity of being heard to the concerned farmer. 
8. Any farmer, aggrieved by an order of the authorised officer, passed Appeal. under sub-section (3) of section 7, may prefer an appeal to the Coilector 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 Recovery. 
recoverable as arrears of land revenue. 
10. No suit, prosecution or legal proceeding 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. 
REKHA MITTAL, 
II735 LR(P)-Gov. Press, U.T, Chd. 
11. No civil court shall have jurisdiction to entertain any suit or Bu of jurisdiclion. 
proceeding in respect of any matter arising under or connected with this Act. 
Protection for 
12. Notwithstanding anything to the contrary contained in any other Overriding cffect. 
law, enacted by the Punjab State Legislature for the time being in force, the 
provisions of this Act shall have effect. 
Secretary to Government of Punjab, 
Department of Legal and Legislative Affairs. 
actions taken in 
good laith. 
the nursery of 
pa BS A a cos SREB te ~ vo NS, 
PUNJAB GOVT GAZ. (EXTRA 
(VYSK 8, 1931 S \ 
6. In case, a farmer does not act as officer given under section 5, the authoris 
of paddy, or sown or transplanted add 
at the expenses of such farmer, Pacey, as the case may be, to be destroyed 
), APRIL 28,2009 95 AKA) i 
per the directions of the authorised Power to destroy 
ed offi the nursery of 
cer shall cause such nursery paddy or trans- 
planted paddy and 
recover Cxpenscs. 
7. (1) Any farmer 
pe liable for penalty of —— the provisions of this Act, shall Penalty 
: 1ousand for every month or 
f " art 
per hectare of land till the period, such contravention continues foitssh 
2) Th . 
(2) The penalty referred to in sub-section (1), shail be in addition to 
the recovery of the expenses, incurred f i ) or destroying the nursery of 
sown or transplanted paddy before the notified iy oredr 
* Before passing any order for imposing penalty under sub-section 
(1); the authorised officer shall make such enquiry, as he may deem necessary 
and shall give an opportunity of being heard to the concerned farmer. 
8. Any farmer, aggrieved by an order of the authorised officer, passed Appeal. 
under sub-section (3) of 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 Recovery. 
recoverable as arrears of land revenue. 
10. No suit, prosecution or legal proceeding shall lie against the State Protection for 
Government or its officer or employee for anything, which is done or intended LY en 
to be done in good faith under this Act. 
11. No civil court shall have jurisdiction to entertain any suit or Bar of jurisdiction. 
proceeding in respect of any matter arising under or connected with this Act. 
12. Notwithstanding anything to the contrary contained in any other Overriding tfect. 
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. 
11735 LR(P)—Govt. Press, U.T. Chd.

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