THE WEST PAKISTAN LAND PRESERVATION ACT, 1900
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| Main Category: | Acts | ||||||||||||||||||||||||||||||||||||||||||||
| Specific Category Name: | An Act to provide for the better preservation and protection of certain portions of the territories of Khyber Pakhtunkhwa. | ||||||||||||||||||||||||||||||||||||||||||||
| Year | 1900 | ||||||||||||||||||||||||||||||||||||||||||||
| Promulgation Date: | 10-10-1900 | ||||||||||||||||||||||||||||||||||||||||||||
| Details: | THE PUNJAB LAND
PRESERVATION ACT, 1900 Sections
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 section 4 or 5. Publication of order. 7. Proclamation of regulations, restrictions and prohibitions and admission of claims for compensation for rights which are restricted or extinguished. 7-A. Deputy Commissioner's power regarding execution of works and taking of measures. CONTROL OVER THE BEDS ON NALAHS 8. Action when Provincial Government considers it desirable to take measures toregulate the beds of Nalahs, Vesting of such beds in the Provincial Government, 9. Effect of notification to suspend or extinguish private rights in the area notifiedunder 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 Provincial Government. 11. Bar of compensation for acts done under sections 8, 9 or 10 12. Condition as to sale of land acquired under the Act and obligation of ProvincialGovernment to keep account of moneys expended on such land. POWER TO ENTER UPON AND
DELIMIT NOTIFIED AREAS 13. Power to enter upon, survey and demarcate areas notified under section 3 or section 8. INQUIRY INTO CLAIMS AND AWARD 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 areas. 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 XVI of 1927. 21. Bar of suits. 22. Power to make rules.
[1][THE][2][WEST PAKISTAN] AND RESERVATION ACT, 1900 (Punjab Act II of 1900) [10th October, 1900]
PRELIMINARY
[8][(2)]It shall extend to the whole of the [9][Khyber Pakhtunkhwa] except the Tribal Areas.] [10][(3)] It shall come into force at once.
(a) the expression "land" means land within any [11][* * *] area preserved and protected or otherwise dealt within 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) [12][* *]The expression "nalali" means a stream or torrent flowing through or from any mountain range within the [13][Province.]:
(c) the expressions "tree", "timber," "forest-produce" and "cattle" respectively, shall have the meanings severally assigned thereto in Section 2 of the [14][* * *] Forest Act [15][l927];
(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, [16][* * *]
(e) the expression "Deputy Commissioner" includes any officer or officers at any time specially appointed by the [17][Provincial Government] to perform the functions of a Deputy Commissioner, under this Act,
(f) [18][* *] the expression "rightholder" includes-
(i) persons not being tenants or mortgages having rights to or in land; and (ii) persons having rights of collection of forest produce or of grazingor 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 [19][3].Whenever it appears to the Provincial 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.]
(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 limehad 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 [22][of right holder in such area];
(d) the setting of fire of trees, timber or forest produce:
(e) the admission, herding, pasturing or retention of sheep, [23][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 there from, or to pasture sheep, [24][goats or camels] or to cultivate or erect buildings therein and the production and return of such permits by such persons.
(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 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 [28][for any purposes]; and (d) the admission, herding, pasturing or retention of cattle generally other than sheep, [29][goats and camels] or of any class or description of such cattle.
(a) thelevelling, 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 Provincial Government, be necessary for carrying out the purposes of this Act.]
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 [38][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 [39][exercise of any such rights is so restricted or prohibited] a proclamation stating the regulations, 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 prohibited, 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.
(2) Every such notice shall state the time within which the works are to be executed or measures are to be taken. (3) Aperson 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 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 01 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 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 contractual 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 Jaw 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 work or take the measures and recover from that. person the expenses reasonably incurred by him in so doing: (1) provided that it shall not be necessary for the Deputy Commissioner to wait for the decision of any objection other than at objection under clause (a) of sub-section (5), or an appeal against any decision on such objection, before taking action under this sub-section: (2) provided further that the maximum amount that shall be recoverable in respect of any land in regard to which the work has been executed or the measure taken shall not exceed - (a) where the work is required to be executed or the measure to be taken by the owner, ten times the land revenue assess ed on all the lands owned by him in the [42][Province]; and (b) where the work is required to be executed by the occupier, ten times the land revenue assessed on all the lands occupied by him in the state in which such land is situated. (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 Deputy Commissioner in this behalf shall be final and conclusive evidence of the sum so recoverable and the person liable for the same. (9) livery 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 in to 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 Provincial Government may make in this behalf. (12) For the purposes of
this section, the expression "Estate'" shall have the meaning
assigned thereto in the Punjab Land Revenue Act, 1887.
CONTROL OVER THE BEDS OF [43][NALAHS]
(a)regulating the flow of
water within and preventing the (b) reclaiming or
protecting any land situate within the limits of such bed; (2) If the whole or any part of the bed of any [46][nalah] be unclaimed, or, if, in the opinion of the [47][Provincial Government], the measures deemed necessary under sub-section (1) are of such acharacter, in regard to extent and cost, that the interference of the 1 [48][Provincial Government] is absolutely necessary, or in the event of the owner or occupier of any portion of the bed of any [49][nalah] 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[50][nalah] shall [51][vest in Provincial Government] [52][* * *] 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 [53][nalah] which, at the date of the publication of the notification making such declaration, is cultivated or culturable, or yield any produce of substantial value. (3) When the owners or occupiers of such locality are unable 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 [54][Provincial Government] may, from time to time, by like notification, extend the period during which any such area shall remain vested in [55][the Provincial Government].
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 person (if any) who, at the time of the making of such declaration, possessed any such rights over such area.
(a) take possession of the area specified in such declaration; (b) ejectall persons there from : and to (c)deal with such area, while it remains vested in [59][Provincial Government], as if it were the absolute property of [60][Provincial Government].
12, [Condition ay to sale of land acquired under the Act and objection of Local Government to keep account of moneys expended on such land]—Repealed by A ct VII of 1926 s. 4 POWER TO ENTER UPON AND DELIMIT NOTIFIED AREAS AND BEDS
(a) to enter upon, and survey any land comprised within any [62][ * *] area in regard to which any notification, < has been issued under sections or sections [63][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 [64][* *] area; and (c) to do all other acts and things which may be necessary in order adequately to preserve or project any land or to give effect to all or any of the provisions of this Act: 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 [65][* *] 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 section7 [66][* * ] 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 und OT section 7 [67][ * *]; and (d) make arid award upon each such claim, setting out therein the nature and extent of the rights claimed, the person or persons making such claim, the extent (if any) to which, and the person, or person in whose favour, the right claimed is established, the extent to which it is to be restricted or[68][prohibited] and the nature and amount of the compensation (if any), awarded. (2) For the purposes of every such inquiry the Deputy Commissioner may exercise all or any of the powers of a Civil Court in the trial of suits under the Code of [69][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.
(2) The Deputy Commissioner may, with the sanction of the [70][Provincial 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. (4) [71][* * * * *] PROCEDURE, RECORDS AND APPEAL
(a) existing within such area at the time of the publication of the notification relating thereto under section 3 or section 8; and (b) regulated, restricted, or [72][* * ] [73][prohibited] by any order under section 4 or section 5.
[74][(2)]The procedure prescribed for the service of summons, notice, order or proclamation under the law relating to land revenue for the time being in force, shall be followed, as far as may be, in proceedings under this Act.]
Provided that nothing in this Act contained shall be deemed to exclude the jurisdiction of any Civil Court to decide any dispute arising between the persons interested in any compensation awarded as to the apportionment or distribution thereof amongst such persons or any of them. PENALTIES, BAR OF SUITS AND RULES.
(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 [84][Official Gazette].
[1]. For statement of objects and Reasons, See Punjab Gazette, H99, Pa t V-APage13, Report of the Select Committee, See ibid, 1900, Part-V Page ].for proceeding in Councils, See ibid, 1899, Part-VI, Pages and ibid 1900 Part. VI Page 12. [2]. Subs by 11. P ord No. VI of 1963. [3]. Omitted and Subs by A.W.F.P. A. L. O, 1975. [4]. Omitted by Punjab Act, No- XI,194,25. [5]. The Preamble Omitted, Ibid, 8 3 [6]. Omitted and Subs by A.W.F.P. A. L. O, 1975. [7]. The brackets and the word "(Chos)" omitten by Punjab. \d No. IV of 1944 52 (a). [8]. Subs by W. Pord No. VI of ]963 for Sub Section (2). [9]. Subs by Khyber PakhtunkhwaA.L.O. 1975. [10]. The original Sub-Section (2) re-cumbered as Sub-Section 3) by Punjab Act No. XI of 1942, S. 4 (a). [11]. The word "Local" Omitted by Punjab Act IV of 1944, S. 3 (a). [12]. Subs, for the original clause (b) by Punjab Act XV of 1955, s. 2, Sch. 1, Part-II [13]. Subs, for the words "Punjab" by W. P. Ordinance VI of 1963, s. 4. [14]. The words "Indian" omitted by Punjab Act XV of 1955, s. 2, Sch. T, Part-11. [15]. Subs, for the figures "1878,, by Punjab Act IV of 1944,8.3 (b [16]. The word "and" omitted ibid, s. 3 (c), [17]. Subs, for the words "Local Government" by A. O., 1937. [18]. Add, by Punjab Act IV of 1944, s. 3 (c). [19]. Subs, for the original section (3) by Punjab Act XI of 1942, s. 5. [20]. Subs. for the words "Local Government", by A. O., 1937. [21]. The words "or permanently" omitted by Punjab Act VII of 1926. [22]. Add. by Punjab Act IV of 1944, s. 4. [23]. Subs, ibid, for the words "or goats". [24]. Subs, ibid, for the words "or goats". [25]. For notification see Punjab Local Roles and Orders. [26]. Subs. for the words "Local Government", by A. O., 1937. [27]. The words "or permanently" omitted by Punjab Act VII of 1926. [28]. Subs, for the words "for bonafide domestic or agricultural purposes", by Punjab Act IV of 1905. [29]. Subs, for the words ''and goats" by Punjab Act IV of 1944, s.5, [30]. Ins. ibid, s. 6. [31]. Subs, for the words and figures "section 4 or section 5", by Punjab Act IV of 1944. s. 7. [32]. Subs, for the word "Gazette", by A. O., 1937. [33]. Subs, ibid., for the words "Local Government" [34]. Subs, for the words "or Prohibitions" by Punjab Act IV of 1944. S. 7. [35]. The word "Local" Omitted by Act No Iv of 1944. s . 8. [36]. Ins. ibid. [37]. Subs, ibid, for the words and figures "section 4 or section 5". [38]. Subs, for the word "extinguish", by Punjab Act VII of 1926, s. 4. [39]. Subs. Ibid , for the words “any such rights are so restricted or extinguished". [40]. Ins. by Punjab Act IV of 1944, s. 9. [41]. Add. by Punjab Act XV of 1955, s. 2, Sch. I, Part-II. [42]. Subs, for the word "Punjab", by W, P. Ordinance VI of 1963, a. 5.
[43]. Subs, for the words "Chos" by Punjab Act XV of 1955, s. 2, Sch. I, Part-II.. [44]. Subs, for the words "Local Government", by A. O., 1937. [45]. Subs, for the words "Chos" by Punjab Act XV of 1955, s. 2, Sch. I, Part-II.. [46]. Subs, for the words "Chos" by Punjab Act XV of 1955, s. 2, Sch. I, Part-II.. [47]. Subs, for the words "Local Government", by A. O., 1937. [48]. Subs, for the words "Local Government", by A. O., 1937. [49]. Subs, by Pb. Act XV of 1955. [50]. Subs, by Pb. Act XV of 1955. [51]. Subs for the words "Vest in His Majesty for the purposes of the Province", by W. V. Laws Adaptation Order, 1964, s. 2 (1) Sch., which were previously subs, for the words the Government", by A.O. 1937, Sch. VI. [52]. The words "either absolutely and in perpetuity or" omitted by Punjab Act VIII of 1962, 8.2.' [53]. Subs, by Pb. Act XV of 1955. [54]. Subs for the words "Vest in His Majesty for the purposes of the Province", by W. V. Laws Adaptation Order, 1964, s. 2 (1) Sch., which were previously subs, for the words the Government", by A.O. 1937, Sch. VI. [55]. Subs., for the words "His Majesty", by the West Pakistan Laws (Adaptation) Order 1964, s.2(l) Sch. Part-II. [56]. Subs, by Punjab Act VIII of 1926, s. 3, for the following
clauses:— " [57]. Subs, for the word "cho,, by Punjab Act XV of 1955, )s. 2, Sch. I, Part-D. [58]. Subs, for the words "His Majesty", by W. P. Laws (Adaptation) Order.1962 s. 2.)sSch.Part-II. [59]. Subs, for the words "His Majesty", by W. P. Laws (Adaptation) Order.1962 s. 2.)sSch.Part-II. [60]. Subs, for the words "His Majesty", by W. P. Laws (Adaptation) Order.1962 s. 2.)sSch.Part-II. [61]. The ward "Local", omitted by Punjab Act XV of 1955. 9.2. Sch. I. Part-II. [62]. The word "Local" omitted by Punjab Act IV of 1944, s. 10. [63]. Add. Ibid. [64]. The word "Local" omitted by Punjab Act IV of 1944, s. 10. [65]. The word "Local" omitted by Punjab Act IV of 1944, s. 10. [66]. The words "or section 12" omitted by Punjab Act VIII of 1926, 5. [67]. The words "or section 12" omitted by Punjab Act VIII of 1926, 5. [68]. Subs by Punjab Act No. VIII of 1926. [69]. Now the Code of Civil Procedure, 1908 (Act V of 1908). [70]. Subs, for the words "Local Government", by A. O., 1937. [71]. Repealed by Punjab Act VIII of 1926, s. C. [72]. The word "suspended'* omitted-by Punjab Act VIII of 1926, S. 7. [73]. Sub. ibid, for the word "extinguished”. [74]. Subs., for the original sub-section (2), by W.P. Ordinance VI of 1963, s. 6. [75]. Since repealed by The Punjab Land Revenue Act, 1967. [76]. Ins. by W. P ord No. VI of 1963 S. 7. [77]. The word "Local" omitted by Punjab Act IV of 1944, s. II. [78]. Subs, ibid for the words and figures "of restriction or prohibition imposed under section 4 or section 5". [79]. . Subs, for the words, figures and brackets "The provisions of sections 52,53,54,55,56, 57,58,59,60,61,63 (excluding the Iattsentence). 64.65.66,67 and 72 of Indian Forest Act, 1878". by Punjab Act HI of 1944, s. 12. [80]. The word "Indian" omitted by Punjab Act XV of 1955, b. 2. Sch. I Part-11. [81]. Subs, ibid, for the words and figures "Act VII of 1878", [82]. Subs., for the words "Crown", by West Pakistan Laws (Adaptation) Order 1964, s. 2,(1) Sch. Part-II which was previously subs., for the words "the Secretary of State for India in Council, or the Government" by A. O.. 1937. [83]. Subs., for the words "Local Government", by A. O., 1937. [84]. Subs, ibid, for the word "Gazette". |