LexThe East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948
Punjab · state statute
Open in Lexace · Ask the AI about this actTHE EAST PUNJAB HOLDINGS
(CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT , 1948
East Punjab Act No. 50 of 1948
Contents
Sections Subject
CHAPTER I
PRELININARY
1. Short title, extend and commencement
2. Interpretation
CHAPTER II
DETERMINATION OF STANDARD AREAS AND TREATMENT OF
FARGMENTS
3. Determination of Notified Area
4. Settlement of Standard Areas
5. Determination and Settlement of Standard Areas
6. Entry in the Record of Rights
7. Transfer and lease of fragments
8. Fragmentation prohibited
9. Penalty for transfer or partition contrary to provision of Act
10. Valuation of fragment
11. Transfer of fragment
12. Partition of estate assessed to payment of revenue to Government
to separation of share thereof
13. State government of local authority not to acquire land so as to
leave fragment
CHAPTER III
CONSOLIDATION HOLDINGS
14. Government may of its own accord or on application declare its
intention to make scheme for consolidation of Holdings
15. Scheme to provide compensation
16. Scheme to provide for distribution of land held under occupancy
tenure between occupancy tenant and landlord
16-A Power to make provision in the scheme to partition joint lands
and joint occupancy tenancies
17. Amalgamation of public roads, etc., within Scheme for
consolidation of holdings
18. Land reserved for common purposes
19. Publication of draft scheme
20. Confirmation of scheme
21. Repartition
22. Preparation of record of rights
23. Rights to Possession of new holdings
23 –A Management and control of lands for common purposes to vest in
Panchayat or State Government
24. Coming in to force of scheme
25. Rights of landowners and tenants after consolidation same as
before
25-A Effect of consolidation of holdings on evacuee property
26. Encumbrances of landowners and tenants
27. Transfer of rights of landowners in holding and of tenants in
tenancies
27-A. Decrees for possession of land to be executed against land
allotted on repartition
28. Cost of consolidation proceedings
29. Recovery of compensation, cost, or other sums payable under this
act
30. Transfer of property during consolidation proceedings
30-A Prohibition of cutting trees and erecting buildings, etc. during
consolidation proceedings
31. Transfer not affected by Punjab Alienation of Land Act, 1900
32. Suspension of partition proceedings during currency of
consolidation proceedings
33. No instrument necessary to effect transfer
34. Apportionment of compensation of net value in case of dispute
35. Application of Chapter II to consolidated holdings
36. Power to vary or revoke scheme
CHAPTER IV
OTHER POWERS OF CONSOLIDATION OFFICERS
37. Power of officer to enter upon land for purposes of survey and
demarcation.
38. Penalty for destruction, injury or removal of survey marks
39. Report of destruction or removal or injury to survey mark
40. Power of Consolidation officer or Settlement officer
(Consolidation) to summon persons
CHAPTER V
GENERAL
41. Appointment of officers and staff and delegation of powers
42. Power of State Government to call for proceedings
43. Appeal and Revision
43-A Correction of clerical errors
44. Jurisdiction of civil court barred as regards matters arising under
this act
45. Public servants indemnified for acts done under this act
46. Rules
47. Repeal
The Schedule
1THE EAST PUNJABHOLDINGS OF (CONSOLIDATION AND PREVENTION OF
FRAGMENTATION) ACT, 1948
EAST PUNJAB ACT NO. 50 OF 1943
(1For statement of objects and Reasons s ee East Punjab Government Gazette
(Extraordinary), 1949 pages 601-602. For the Select Committee Report, see East Punjab
Government Gazette (Extraordinary). 1948, Part V pages 19-32; for proceedings in the
Assembly, see East Punjab Legislative A ssembly Debate, Volume III 1948, pages 45-58
and 300-309).
[Received the assent of His Excellency the Governor General of India on the 7th
December, 1948, and first published in th e East Punjab Government Gazette
(Extraordinary) , of December 14, 1948].
1 2 3 4
YEAR NO. Short title Whether rep ealed or other wise affected by
legislation
1948 50 The East Punjab
Holding
Consolidation and
prevention of
fragmentation Act,
1948.
Amended by Punjab act 33 of 19502
Amended by the Adaptation of Laws Order, 1950
Amended by the Adaptation of Laws (third
Amendment) Order, 1951
Amended by Punjab ACT 8 of 19523
Amended by Punjab Act 20 of 19534
Amended by Punjab Act 22 5- 39 6 and 40 7 of
1934. Amended in part by Punjab act of 1955.8
(2For Statement of objects and Reasons, see East Punjab Government Gazette (Extraordinary), 1950, page 838; for proceedings in the
Assembly, see Punjab Legislative Assembly Debates 1950, Volume II, pages (9) 106-(9) 109).
(3For Statement of Objects and the Reasons, see East Punjab Gover nment Gazette (Extraordinary), dated 10th July, 1952, Pages 552;
For the proceedings in the Assembly, see P unjab Legislative Assembly Debates 1952, Volume II, pages (24) 63-(24) 82; and the
proceedings in the Council, see Punjab Legislative Council Debates 1952, Volume II, pages 16 (4) - (16) 18.)
(4For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraordinary), 1953 pages 134-35; for Proceedings
in the Assembly, see Punjab Legislative Assembly Debates, 1953, Pages 296-98.)
(5For Statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1954 page 92).
(6For Statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1954, page 828.)
(7For Statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1954, pp. 926(c) and 926 (d).)
(8For statement of Objects and Reasons, Punjab Government Gazette (Extraordinary), 1955, page 128.)
1 2 3 4
YEAR NO. Short title Whether repealed or other wise affected
by legislation
1948 50 The East Punjab
Holding (Consolidation
and prevention of
Amended by Punjab Act No.46 of 19561
Extended to the territories which
fragmentation) Act,
1948.
immediately before the 1st November
1956. were comprised in the State of
Patiala and East of Punjab States Union
by Punjab Act no.5 of 1957
2
Amended by Punjab ACT No. 15 of 19593
Amended by Punjab Act No. 20 of 19594
Amended by Punjab Act No. 12 of 19635
Amended by Punjab Act No. 27 of
1960.6
Amended by Punjab Act No. 12 of 19627
Amended by Punjab Act No. 25 of 19628
Amended by Punjab Act No. 39 of 19639
Amended by Punjab Act No. 9 of 196910
((1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),1956, page 1086).
(2For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957 , page 339).
(3For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1959, page 366).
(4For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),1958, page 1478-79)
(5For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1959 page 1940).
(6For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, page 248).
(7For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),1962 page 510).
(8For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1962, page 1616).
(9For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1963, page 1146).
(10For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1969 page 422).
An Act to provided for the compulsory c onsolidation of agricultural holdings and
for preventing the fragmentation of agricultural holdings in 11[the State of Punjab] 12[and
for the assignment or reservation of land for common purposes of the village].
It is hereby enacted as follows: -
((11Substituted for the words "the Province of East Punjab " by the Adaptation of Laws
(Third Amendment) order, 1951).
(12 Added and deemed always to have been so added by Punjab Act No. 27 of 1960).
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement:
(1) This act may be called the East Punjab Holdings (Consolidation and
Prevention of Fragmentation) Act 1948.
(2) It extends to whole of the 1[State] of 2[Punjab].
(3) This section shall come into force at once and the remaining provisions of
the act shall come into force in such area and from such dates as the
1[state] Government may by notification appoint in his behalf the different
dates may be appointed for the coming into force of different provisions of
the Act.
Interpretation
2/3 2. In this Act, unless there is anything repugnant in the subject or context,-
(a) 'Consolidation Officer" m eans an officer appointed as such under
section 14 by the 1[State] Government and includes any person authorized by the
1[State] Government perform are all any of the functions of the consolidation
officer under this Act;
(b) "Consolidation of Holdings " means the amalgamation and the redistribution of
all or any of lands in an estate so as to reduce the number of plots in the holdings;
(1Substituted for the word " Province " by the Adaptation of Laws order, 1950.
3Section 4 of the Punjab Act no. 39 of 1963, reads as follows: -
"Validation.- Notwithstanding any thing contai ned in the Principle Act or in any other
law for the time being in force in any judgment, decree or order of any court or other
authority, where in any scheme made at any time before the commencement of this Act,
land has been assumed or reserved for common purpose referred to in sub-clause (iii) or
sub-clause (iv)of clause (bb) of section 2 the principle Act, as amended by this Act, the
assignment or reservation of such land for such purpose shall be, and shall be deemed
always to have been, valid and no such scheme shall be questioned on the ground that
such land could not be assigned or reserved for such purpose in such scheme".
3Section 2 of Punjab Act No. 9 of 1939, reads as follows; -
"Validation. - Notwithstanding any thing contai ned in any judgment, decree or order of
any court or other authority to the contrary where in any scheme made at any time before
the commencement of this validation Act, land has been assigned or reserved for a
common purpose as define in the clauses (bb) of East Punjab Holdings (Consolidation
and Prevention of Fragmentation) Act, 1948, in accordance with the executive
instructions issued by the Government from time to time such as scheme shall be, and
shall be deemed always to have been, valid and no such scheme shall be questioned
merely on the ground that the sc ale for such assignment or re servation had not been laid
down by rules farmed under the said Act''.
1[(bb) "Common purpose" means any pur pose in relation to any common need
convenience or benefit of the village];
(1Insrted by Punjab Act 22 of 1954. This clause shall be deemed always to have been to inserted) .
2[ and including the following purposes:
(i) extension of the village Abadi; 3[*].
(ii) Providing income for the Panchayat of the village concerned for the benefit of the
village community].
(2Added and deemed always to have been so added by Punjab Act No. 27 of 1960).
(3 The word "and" omitted and shall be deemed always to have been omitted by Punjab Act No. 39 of 1963, section 2).
4[(iii) Village roads and paths; village drains village wells; ponds or
tanks; village water-course or water ch annels; village bus stands and waiting
places; manure pits; hada rori; public latrines; cremation and burial grounds,
Panchayat Ghar; Janj Ghar; grazing grounds; tanning places of religious or
charitable nature; and
(4Added and shall be deemed always to have been added by Punjab Act No. 39 of 1963, section 2).
(iv) Schools and play grounds; dispensaries, hospitals and institutions
of like nature, waterworks or tube-wells whether such schools, playgrounds,
dispensaries, hospitals institutions, wate rworks or tube-wells may be managed
and controlled by the State Government or not].
(c) "fragment" means a plot of land of less extent than the appropriate
standard area determined under this Act:'
Provided that no plot of land shall be deemed to be a fragment by reason
of any diminution in its area by diluvion;
(d) "Land " means which is not occupied as the site of any building in the
town or village and is occupied or let for agricultural purposes or for
purposes subservient to ag riculture, or a pasture, and includes the sites of
buildings and other structures on such land;
(e) "Notified area" means any area notified as such under section 3;
(f) "Owner” means in the case of unlamented land the lawful occupant and
when such land has been mortgaged , owner means the mortgagor; in the
case of alienated land, owner means the superior holder;
(g) "Prescribed " means prescribed by rules made under this Act;
(h) "Settlement officer (Consolidation)' means an officer appointed as such
under section20 by 1[State] Government and includes any person
authorized by the 1[State] Government to perform all or any of the
functions of the settlement Officer (Consolidation) under this Act.
(i) " Standard area": in respect of any class of land means the area which the
1[State] Government may from the time to time determine under section 5
as the minimum area necessary for the profitable cultivation in any
particular notified area and includes a standard ar ea revised under the said
section';
( j) "sub-division" means apart on estate recorded as Sub-division, pati , tarf or
pana in a record of rights prepared under section 31 of the Punjab land
Revenue Act, 1887, provided it forms a compact block; and
(k) Words and expressions used in this act but not defined, have the meanings
assigned to them in the Punjab Land Revenue Act, 1887.
CHAPTER II
DETERMINATION OF STANDARD AREAS AND TREATMENT OF FRAGMENTS
3. Determination of notified areas - The 1[State] Government may, after such inquiry
as it deems fit specify any estate or sub-division of an estate as a notified area for the
purposes of this chapter of this Act.
((1substituted for the word "provincial" by the Adaptation of Laws Order, 1950).
4. Settlement of standard areas:
(1) The 1[state] Government may, after such inquiry as it deems fit,
provisionally settle for any class of land in any notified area the minimum
area that can be cultivated profitably as a separate plot,
(2) The 1[State] Government shall by notification and in such other manner as
may be prescribed publish the minimu m areas provisionally settled by it
under sub-section (1) and invite objection thereto.
5. Determination and revision of standard areas:
(1) The 1[State] Government shall after c onsidering the objections, if any
received within three months of th e date publication of the notification
under sub-section (2) of section 4 in the estate concerned and making such
further inquiry as it may deem fit, determine the standard area for each
class of land is such notified area.
(2) The 1[State] government may, at any time, if it deems it expedient so to do,
revise a standard area determined under sub-section (1) such revision shall
be made in the manner laid down in section 4 and sub-section (1) of
section 5.
(3) The 1[state] Government shall by notification and in such other manner as
may be prescribed, give public notice of any standard area determined
under sub-section (1) or revised under sub-section (2).
6. Entry in the record-of-rights:
(1) On notification of a Standard area under sub-section (3 ) of section 5 for a
local area all fragments in the local area sha ll be entered as such in the record of
rights.
(2) Notice of every entry made under sub- section (1) shall be given in the
prescribed manner.
7. Transfer and lease of fragment:
(1) No person shall transfer any fragment in respect of which notice has been
given under sub-section (2) of section 6 unless there by the fragment becomes
merged in the contiguous survey number or recognized sub- division of survey
number.
(2) Notwithstanding anything c ontained in the Punjab Tenancy act, 1887 no
such fragments shall be leased to any person other than a person cultivating and
land, which is contiguous to the Fragment.
XVI of 1887
(1Substituted for the word "Provincial " by the Adaptation of Laws Order , 1950).
8. Fragmentation prohibited: No land in any notified area shall be transferred or
partitioned so as to create fragment.
9. Penalty for transfer partition c ontrary to provisions of Act: The Transfer of
partition of any land contrary to the provisions of this Act shall be void.
10. Valuation of Fragment - Any owner of a fragment who intends to sell it shall
make an application in this behalf to the Co llector for determination of its market price
and the Collector shall after hearing the a pplicant and the owners of the contiguous
survey number or recognized sub-divisions of survey numbers determine the market
price, and such determination shall be final and conclusive for the Purposes of the
chapter.
11. Transfer of fragment - The owner referred to in the preceding section shall in
the first instance offer the fragment for sale .to the owners of contiguous survey numbers
of recognized sub-divisions of survey number s, and in case of there refusal to purchase
for the price as determined under the last preceding secti on, may transfer it to the
1[Government ] for the purpose of the 2[State] on payment by the 1[Government ] of such
price as aforesaid to persons possessing interest there in as collector may determine and
thereupon the fragment shall vest absolutely in the 1[Government] for the purpose of the
1[State ] free from all encumbrances.
(1Substituted for the word "Crown" by the Adaptation of Laws order, 1950).
(2Susbstituted for the word "Province " by the Adaptation of Laws order, 1950).
12. Partition of estate assessed to payment of revenue to Government or separation of
share thereof - When a decree is transferred is to the Coll ector under section 54 of the
code of Civil Procedure, 1908, for the partition of an undivi ded estate assessed to the
payment of revenue to the 1[Government] in any notified area for which standard areas
have been fixed, or for the separate possessi on of the share of such an estate, on such
partition or separation shall be made so as to create a fragment.
13. State Government or local author ity not acquire land so as to leave fragment:
Notwithstanding any thing contained in any la w for the time, being in force no land shall
be acquired by the 1[State] Government or any local authority or sold at any sale held
under the orders of any court so as to leave a fragment.
(1) If any land acquired by th e 1[state] Government or any local authority
is in excess of its requirements, it shall be offered for the sale in the first
instance to the owners of the c ontiguous survey numbers or the
recognized sub-divisions of survey nu mbers at the price at which it was
acquired under sub-section (1).
CHAPTER III
CONSOLIDATION OF HOLDINGS
14. Government may of its own accord or on application declare its intention to make
scheme for consolidation of holdings - (1) With the object of consolidating holdings in
any estate or group of estates or any part th ereof for the purpose of better cultivation of
lands therein the 1[State] Government may of its own motion or on application made in
this behalf declare by the notification and by publication in the prescribed manner in the
estate or estates concerned its intention to make a scheme for the consolidation of
holdings in such estate or estates or part thereof as may be specified .
(2) On such Publication in the estate concerned the 1[State] Government may
appoint a Consolidation officer who shall after obtaining in the prescribed manner the
advice of landowners of the estate or estates concerned 2[and of the non-proprietors and
the Gram Panchayat, if any, constituted in such estate or estates under the Gram
Panchayat Act [No. IV of 1953] prepare a scheme for the consolidation of holdings in
such estates or estates or part thereof as the case may be.
(1Substituted for the word "Provincial" by the Adaptation of Laws orders, 1950).
(2Inserted by the east Punjab Holdings (Consolidation and Prevention of Fragmentation
) , (Amendment and validation) Act , 1955 (Punjab Act , 7 of 1955).
Section 3 of Punjab Act 7 of 1955, reads thus :-
"Validation of certain proceedings:- No scheme of Consolidation under the East
Punjab Holdings (consolidation and Prevention of Fragmentation) Act, 1948 shall be
deemed to be invalid merely on the ground that the advice of non-Proprietors and Gram
Panchayat was not so obtained during any consolidation proceedings before the
commencement of this Act''.
1[(3) Where a notification under Sub-secti on (1) has been made in respect of a
group of estates and the holdings is situated in more than one estate in the group, then
notwithstanding any thing contained in the Punjab land Revenue Act. 1887, the scheme
prepared by the Consolidation Officer may provided for the altera tion of the boundaries
of such estates.]
(1New sub-section (3) added by Punjab Act No. 15 Of 1959) .
15. Scheme to provide compensation: (1) The Scheme prepared by the
Consolidation Officer shall Provide for the payment of compensation to any Owner who
is allotted a holding of less market value than of his original holding for the recovery of
compensation from any owner who is allotted a holding of greater market value than that
of his original holding.
(2) * * * * 2 * * * *
(2 Sub section (2) of Sec. 15, omitted by Punjab Act No. 23 of 1960, section 2).
16. Occupancy Tenancies: (1) The sc heme prepared by the consolidation Officer,
may provide for the distribution of land held under occupancy tenure between the tenants
holding a right of occupancy a nd his landlord in such proporti on as may be agreed upon
between the parties.
(2) When the scheme is 3[confirmed] under section 20 the land so allotted to
the occupancy tenant and the landlord shall, notwithstanding any thing to the contrary
contained in the Punjab Tenancy Act, 1887, or in any other law for the time being in the
force, be held by each of them respectively in full right of ownership, and the right of
occupancy in the land allotted to the landlord shall be deemed to be extinguished.
(3 Substituted for the words "finally sanctioned” by Punjab Act no. 23 of 1962, section 2).
4[16-A Power to make Provision in the scheme to partition joints lands and join
occupancy tenancies:
(4New Section 16-A, inserted by Punjab Act no. 20 of 1959).
(1) Notwithstanding any thing cont ained in chapter IX of the Punjab Land
Revenue Act1887, expect section 117 th ereof the scheme prepared by the
Consolidation Officer may Provide for the partition of land between joints
owners of land, or between joint tenant s of a tenancy in which a right of
occupancy subsists, in accordance with the share of each owner or tenant
in the land or tenancy as the case may be, if-
(a) such share is recorded under Chapter IV of that Act as belonging to him, or
(b) the right of owner or tenant to such a share has been established by a
decree which is still subsisting at the time of preparing the scheme , or
(c) a written acknowledgement of such right has been executed by all persons
interested in the admission of denial thereof.
(2) When the scheme is 1[*] confirmed under section 20, the land so
partitioned shall notwithstanding any thing to the contrary contained in any law
for the time being in force, be held by each such owners or tenants in full right of
ownership or tenancy, as the case may be and the rights of other joint owners or
joint tenants, in the land shall be deemed to be extinguished.
(1The word “finally’ omitted by Punjab Act No. 25 of 1962, section 3.)
17. Amalgamation of public roads etc. within scheme for consolidation of holdings -
(1) Whenever in preparing a scheme for the consolidation of holdings, it appears to the
Consolidation Officer that it is necessary to amalgamate any roa d, street, lane, path,
channel, drain, tank, pasture or other la nd reserved for common purposes with any
holding in the scheme he shall make a declaration to that effect stating in such declaration
that it is proposed that the ri ghts of the public as well as of all individuals in or over the
said road, street, lane, path, channel, dr ain, tank, pasture or ot her land reserved for
common purposes , shall be exti nguished or , as the case ma y be , transferred to a new
road , street lane, path, channel, drain , tank, pasture or other land reserved for common
purposes laid out in the scheme of consolidation.
(2) The declaration in Sub-sec tion (1) shall be published in the estate
concerned in the prescribed manner along with the draft scheme refereed to in section 19.
(3) Any member of the public or any person having any in terest or right, in
addition to the right of public highway, in or over the said roa d, street, lane, path,
channel, drain, tank, pasture or other land reserved for co mmon purposes or having any
other interest or right which is likely to be adversely affected by the proposal may within
thirty days after the publica tion of the declaration under S ub-section (1), State to the
consolidation Officer in writing his objection to the proposal, the nature of such interest
or right and the manner in which it is likely to be adversely affected and the amount and
the particulars of his claim to compensation for such interest or right;
Provided that no claim for compensation on account of extinction or diminution
of the right of public highway, over such roa d, street, lane, path channel, drain, tank,
pasture or other land reserved for common purposes shall be entertained.
(4) The Consolidation Officer shall, after considering the objections, if any,
made to the proposal, submit it with such amendments, if any, as he may consider
necessary, to the settlement officer (Consolidation) together with the objections received,
his recommendation thereon and a statement of the amounts of compensation, if any,
which in his opinion are payable, and of the persons by whom and the persons to whom
such re-compensation is payable. The decision of the Settlement Officer (Consolidation),
on the proposal and regarding the amount of compensation and persons by whom such
compensation if any is Payable, shall be final.