THE PUNJAB SOIL RECLAMATION ACT, 1952, 

(Punjab Act XXI of 1952)

                        CONTENTS.

PREAMBLE.

SECTIONS.

         CHAPTER I
         PRELIMINARY.

1.                  Short title, extent and commencement.

2.                  Definitions.

CHAPTER II 
CONSTITUTION OF THE BOARD.

3.                  The Board, a body corporate.

4.                  Constitution of the Board and term of office members.

5.                  Power of Government to replace a member.

CHAPTER III
PROCEEDINGS OF THE BOARD, COMMITTEES, OFFICERS AND SERVICES AND SUPPLY OF INFORMATION TO  GOVERNMENT.

6.                  Meetings of the Board.

7.                  Temporary association of members with the Board.

8.                  Constitution and functions of Committees.

9.                  Meetings of Committees.

10.              Appointment of officers, etc.

11.              Recruitment, conditions of service and disciplinary powers.

12.              Control by Chairman.

13.              Delegation of Powers.

14.              Supply of information and documents to Government.

15.              Scrutiny of Soil Reclamation activities of other depart­ments.

16.              Use of mechanical plants of departments.

CHAPTER—IV
SCHEMES AND PROCEDURE TO BE FOLLOWED IN 
FRAMING THEM.

17.              Scheme for reclamation.

18.              Publication of notice as to schemes and supply of documents to applicants.

19.              Notice of proposed acquisition of land.

20.              Consideration of objections and application for sanction of scheme.

21.              Government may sanction, reject or return scheme.

22.              Notification of sanction of scheme.

23.              Alteration of scheme after sanction.

24.              Merging of different schemes in one Consolidated schemes.

25.              Passing over of works and services to owners.

26.              Control over underground water.

CHAPTER—V 
POWERS AND DUTIES OF THE BOARD.

27.              Notification of Local area.

28.              General Powers.

29.              Power of controlling and letting of land.

30.              Facility in the movement of population.

31.              Surveys or   contribution towards their   cost.

32.              Power of entry.

CHAPTER—VI
ACQUISITION, ABANDONMENT OF ACQUISITION OF

LAND AND LEVY OF RECLAMATION FEE.

33.              Modification of Act I of 1984.

34.              Acquisition of land in urgent cases.

35.              Tribunals.

36.              Appeals.

37.              Abandonment of acquisition.

38.              Reclamation fee.

39.              Fresh Acquisition.

CHAPTER—VII 
FINANCE.

40.              Board Fund.

41.              Board to levy taxes.

42.              Grants-in-aid.

43.              Borrowing of money.

44.              Custody and investment of Board Funds.

45.              Procedure on failure of the Board to repay loans.

46.              Recouping of payments made by Government.

47.              Payment by Government to be a charge on the property of the Board.

CHAPTER—VIII

RULES AND BYE-LAWS.

48.              Power of Government to make rules.

49.              Power of the Board to make bye-laws.

50.              Printing and sale of copies of rules and bye-laws.

51.              Power of Government to cancel bye-laws made under section 49.

CHAPTER—IX
PROCEDURE AND PENALTIES.

52.              Signature on notice, summons, order, requisition, proclamation or bill.

53.              Method of giving public notice.

54.              Service of notice.

55.              Penalty for disobedience.

56.              Powers of the Board to execute works on  failure to comply with notice, summons, order or requisition.

57.              Liability of occupier to pay in default of owner.

58.              Right of occupier to execute works in default of owner.

59.              Opposition to execution by occupier.

60.              Recovery of cost of execution by the occupier from owner.

61.              Relief to agents and trustees.

62.              Penalty for removing machinery, etc.

63.              Penalty for obstructing land reclamation operations or a contractor or removing mark.

64.              Power of Board in case of squatters and trespassers and persons in the unauthorised possession of land.

65.              Penalty for unauthorised cultivation, etc.

66.              [1][omitted]

CHAPTER—X
SUPPLEMENTAL PROVISIONS.

67.              Members, etc, deemed public servants.

68.              Contribution by the Board towards leave, allowances  and pensions of Government servants.

69.              Authority for prosecution.

70.              Recovery of dues.

71.              Powers of Chairman as to institution, etc, of legal proceedings and obtaining legal advice.

72.              Indemnity of acts under the Act.

73.              Notice of suit against the Board, etc.

74.              Mode of proof of the records.

75.              Restriction on the summoning of the servants of the Board to produce documents.

76.              Validation of acts and proceedings.

77.              General power of the Board to pay compensation.

78.              Compensation for damage to Board's property.

79.              Ultimate dissolution of the Board and transfer of its assets and liabilities to an Administrator.

SCHEDULE

Modifications in the Land Acquisition Act I of 1894, hereinafter called "the said Act".

1.                  Amendment of section 3.

2.                  Notification under section 4 and   declaration under section 6 to be replaced by notification under sections 18   and 22 of this Act.

3.                  Amendment of section 11.

4.                  Amendment of section 15.

5.                  New section 16-A.

6.                  Amendment of section 17.

7.                  Amendment of section 18.

8.                  Amendment of section 19.

9.                  Amendment of section 20.

10.              Amendment of section 23.

11.              Amendment of section 24.

12.              New section 24-A.

13.              Amendment of section 25.

14.              Amendment of section 31. 

15.              New section 48-A.

16.              Amendment of section 49.

17.              Amendment of section 50.

18.              Deletion of section 54.

[2]THE PUNJAB SOIL RECLAMATION ACT, 1952.

(Punjab Act No. XXI of 1952)

(14th July, 1952)

An Act to provide for the speedy reclamation and improvement of the areas damaged by thur and sem [3][for preventing further damage and for maximizing agricultural production.]

CHAPTER—I
PRELIMINARY.

(i)                 "Board" means the [7][ . . . . . .] Land and Water Development Board] appointed under this Act;

[8] [(ii) "Canal Officer" means an officer defined as such in the Canal and Drainage Act, 1873 (VIII of 1873) or the Sind Irrigation Act (Sindh VII  of 1879) as may be applicable to the area, and includes any officer appointed under this  Act to exercise all or any of the powers of a Canal Officer; 

(ii)              

(iii)             "Canal" "Water Course" and   "drainage work" have the  same meanings as  are assigned to them respectively in the Canal and Drainage Act, 1873 (VIII of 1873) or the Sindh Irrigation Act, 1879 (Sindh Act VII of 1879) as may be applicable to the area;

(iv)             "Chairman"  means the Chairman of the  [9][...] [10][Land and Water Development Board] appointed under section 4 of this Act;

(v)               "Collector" includes any officer appointed under this Act to exercise all or any of the   powers of a Collector.

(vi)              "Commissioner" includes any officer appointed under this Act to exercise all or any of the powers of a Commissioner.

(vii)           "Department" means a department of the [11][* * *] Government.

(viii)         "District" means a district as   fixed for revenue purposes;

(ix)             "Government"  means  the Government  of    the [12][Khyber Pakhtunkhwa];

(x)               "holding" means a  share or portion of an estate held by one land owner or by two or more land owners jointly;

(xi)             "improvement"   means improving  or   preserving the productive capacity of a soil;

(xii)           "Land" includes land as defined in clause (a) of section 3 of the Land Acquisition Act, 1894;

(xiii)         [13][    *    *    *    ];

(xiv)         "Local area" means an area to which the provisions of Chapters IV to  VI   of  this   Act   have   been extended;

(xv)           "Local Authority"  has the same meaning as in section 2 of the Local Authorities Loans Act, 1914;

(xvi)         "Member"  means members of Soil Reclamation Board appointed under section 4 of this Act;

[14][(xvi-A)     "Officer" means an officer of the Board other than the Chairman or a member].

(xvii)       "Prescribed" means prescribed by rules made by Government under this Act;

(xviii)     "Reclamation Fee" means a fee imposed for soil reclamation under this Act;

(xix)         [15]["Rent" includes rent as defined in any Law relating to tenancy for the time being inforce in the area].

(xx)           "Scheme" means a scheme framed under this Act.

(xxi)         "Secretary" means Secretary of the Board [16][* * *];

(xxii)       "Sem" means the rise of sub-soil water table so high that the water actually oozes out of the land or the land remains constantly damp and where the context so permits "sem" "sem land" or "sem affected land", means any land or area affected by "sem" and includes such land or areas as may by notification be declared as "sem" from time to time

(xxiii)     [17]["Soil reclamation" and "reclamation" means rendering thur and sem lands free from excessive salts and water respectively so as to make them fit for normal cropping and include—

(a)    measures against deterioration of land.

(b)   total development of the area with a view to maximizing agricultural production, and if any, question arises—

(1)         Whether any matter comes within the purview of the terms "soil reclamation" and "reclamation," or not, or

(2)         as to the extent of reclamation operations carried out, or required to be carried out in any area, the question shall be referred to the Board, whose decision shall be final and shall not be called in question by or before any court].

(xxiv)     "Tenant" includes the predecassors and successors in interest of a tenant; 

(xxv)       the expression "tree", "timber" and "cattle" have the meanings respectively assigned thereto in the Forest Act, 1927;

(xxvi)     "thur" means salt efforescence at the surface of the land rendering the surface white, ash coloured, black or brown, or not discoloured but presenting an oily appearance and where the context so permits "thur", "thur land" or "thur affected land" means any land or area affected by thur and includes such land or area as may by notification be declared as "thur" from time to time; 

(xxvii)   "Tribunal" means a tribunal constituted under this Act; and

(xxviii) "tube-well" means well worked with electric or thermal power to draw out sub-soil water.

CHAPTER—II 
CONSTITUTION OF THE BOARD

(a)    Chairman appointed by Government, who shall not be below the status  of Member Board of  Revenue [19][Khyber Pakhtunkhwa].  

(b)   Five members, who shall be secretaries to the Government of [20][Khyber Pakhtunkhwa] in the Departments of Finance, Irrigation, Agriculture, Cooperation, Basic Democracies and Local Government. 

(c)    Chairman, West Pakistan Water and Power Development Authority; and

(d)   Chairman, West Pakistan Agricultural Development Corporation. 

            (2)  Every member shall be appointed by virtue of office and continue to be a member so long so he holds that office]

CHAPTER—III
PROCEEDINGS OF THE BOARD, ITS COMMITTEES, OFFICERS AND SERVANTS AND SUPPLY OF INFORMATION TO GOVERNMENT.

(b)   The quorum necessary for the transaction of business at an ordinary or special meeting shall be three, provided that if at any such meeting a quorum is not present, the Chairman or if he be not present the Secretary subject to such directions as the Chairman may have given, shall adjourn the meeting to such other day as he may think fit and the business which would have been brought before the original meeting, if there had been a quorum present, shall be brought before and transacted at the adjourned meeting whether there be a quorum present or not. 

(c)    At every meeting the Chairman, if he be present, and in his absence such one of the members present as may be chosen by the meeting, shall preside. 

(d)   All questions which come before any meeting shall be decided by a majority of the votes of the members present, the Chairman of the meeting in case of an equality of votes having a second or casting vote. 

(e)    (i) Minutes of the proceedings with the names of the members present at each meeting shall be drawn up and recorded in a book to be kept: for the purpose, and shall be signed by the person presiding at the meeting within one week of the meeting to which these relate, and shall at all reasonable times be open to inspection by any member, and no member shall  be entitled to object to the minutes of any meeting unless he was present at the meeting to which they relate.

(ii) The minutes of a meeting shall be put at the next meeting and shall be confirmed with such alterations as may be necessary to bring them in accord with the true facts of the proceedings of the meeting.

            (2)   An Officer or person associated with itself by the Board under sub-section (1) for any particular purpose, shall have a right to take part in the discussions of the Board relative to that purpose, but shall not have a right to vote for its decision and shall not be deemed to be a member of the Board or be entitled even to take part in discussion regarding any purpose other than the purpose for which he was associated.

(i)        members; 

(ii)      persons associated with the Board under section 7; and

(iii)    other persons whose services, assistance or advice the Board may desire as members of such Committees ; provided that no such Committee shall consist of less than three persons and that at least one of them shall be a member of the Board and the Secretary shall be ex-officio Secretary of every such Committee.

            (2)     The Board may— 

(a)    refer to a Committee for inquiry and report any matter relating to any of the purposes of this Act; and 

(b)   delegate to a Committee by resolution and subject to any bye-laws made under section 49, any of the powers or duties of the Board.

            (4)  No business shall be transacted at any meeting of a Committee unless at least two of its members are present. In the case of want of quorum the Chairman or if he be not present the Secretary shall proceed under the provisions of the proviso to section 6 (i) (b).

            (2)  The Chairman may, in cases of emergency appoint such officers, advisers or servants on such terms and conditions as he thinks fit:

            Provided that every such appointment shall be reported to the Board without unreasonable delay and shall not continue beyond six months unless approved by the Board].

            (2)  The Chairman may likewise delegate to any member or Officers any of his powers under this Act or the rules or bye-laws, not being a power delegated to him, by the Board under sub-section (1)].

             The Chairman shall comply with every such requisition without unreasonable delay.

CHAPTER—IV

SCHEMES AND PROCEDURE TO BE FOLLOWED IN 
FRAMING THEM.

(i)           The acquisition under the Land Acquisition Act, 1894, as modified by this Act, of any land or any interest in land necessary for or affected by the execution of the scheme.

(ii)         The acquisition by purchase, lease, exchange or otherwise of such land or interest therein.

(iii)       The retention, letting on hire, lease, sale, exchange or disposal otherwise of any land vested in or acquired by the Board.

(iv)       The relaying of any land comprised in the scheme and reservation of any part thereof not exceeding one-fifth of the total area for the common purposes of the village or villages comprised totally or partially in the scheme, and the redistribution of the rest of the land among the owners of the property comprised in the scheme, and management of lands reserved for common purposes. 

(v)         The layout and construction of villages including the demolition of the existing buildings by the Board or by the owners and by the Board in case of default by the owners.

(vi)       The provision of facilities for communication including the layout and alteration of roads, streets, footpaths, bridle paths and waterways.

(vii)     The breaking up, cultivation, afforestation or plantation of lands, and the raising, lowering or reclamation of any land for the production of food-grains, fruits, vegetables, fuel, fodder and the like and the provisions of means of irrigation and irrigation channels by the Board or by the owners, and the Board in default of owners, the cost being recoverable from the owners in the latter case, if considered justified by the Board.

(viii)   The draining of villages and land.

(ix)       The provision of a system of drains, open or covered and outfalls for the improvement of ill-drained lands.

(x)         The provision of fisheries, poultry farms, livestock farms, dairy farms, sheep farms, bee farms, sericulture farms and the like.

(xi)       The installation, management and maintenance of tube-wells and lifting and disposal of underground waters by other means.

(xii)     The doing of all acts intended to promote the health, well being and prosperity of the residents of a local area, including the soil conservation and preservation from injury or pollution of rivers and other sources and means of water supply. 
           

(xiii)   The advances to the owners, occupiers or tenants of land comprised in the scheme upon such term and conditions as may be prescribed under the scheme of the whole or part of the capital requisite for breaking up and cultivation of land, construction of water courses, digging drains, laying pipes overground and underground, sinking of wells, purchase of cattle, agricultural implements, machinery and seeds and for any purposes subsidiary to agriculture and for erection of houses, godowns and cattle sheds.

(xiv)   The establishment of an insurance fund for insurance on compulsory or voluntary basis of crops, and cattle, recovery for insurance premia, contribution and distribution of benefits from the insurance fund subject to the provisions of any law applicable thereto.

(xv)     The execution or carrying out of survey of any scheme or part of the scheme by any Department on such terms and conditions as may be agreed upon between the Board and the Government.

(xvi)   Replacement of canal water-supply by tube-well or open well in part or whole. 

(xvii) Carrying out of research work relating to soil reclamation through any department where the facilities exist or can be provided for.

(xviii)     Carrying out of lining of channels in consultation with the Irrigation Department where the Board considers such a measure desirable.

(xix)   All other matters which the Board with the approval of the Government or the Government may deem necessary to promote the general efficiency of a scheme or for the reclamation and improvement of any local area.

(xx)     Notwithstanding anything contained in the Canal and Drainage Act, 1873 (VIII of 1873), to provide for, in a local area.—

(a)          the improvement, alteration, extension or curtailment of any water-course;

(b)         the amalgamation or separation of any irrigation chak;

(c)          the transfer of any area from one source of irrigation to another;

(d)         the temporary increase or decrease of water allowance to any area or total curtailment of water-supply;

(e)          the alteration, amendment or cancellation of any order already in force regarding the distribution of water on any water-course or the mutual rights or liabilities in respect of the use, construction or maintenance of a water-course or the issue of a fresh order superseding any existing order or mutual agreement;

(f)          the prohibition of growing of any crops or laying down any specific crop rotation;

(g)         the application of any type and quantity of manuring whether green, artificial or farm yard; and

(h)         the construction of any field drains and drainage works.

(i)           the fact that the scheme has been framed;

(ii)         the boundaries of the locality comprised in the scheme; and

(iii)       the place at which details of the scheme including a statement of the land proposed to be acquired or on which it is proposed to charge a Reclamation Fee and a general map of the locality comprised in the scheme, may be inspected during specified hours.

            (2)   The Board shall— 

(i)     cause the said notice to be published weekly for three consecutive weeks in the Official Gazette and in a newspaper or newspapers selected by the Chairman for the purpose specifying the period which shall not be less than 30 days within which objections against the scheme will be received; and 

(ii)   send a copy of the notice to the Deputy Commissioner of each District and the Chairman of each [29][District Council] whose area the whole or any part of the locality comprised in the scheme is situated and ask them to send any representations they may wish to make within six weeks from the date of the receipt of the copy.

            (3)   The Chairman shall cause copies of the documents referred in clause (iii) of sub-section (1) to be delivered to any person applying for the same on payment of such fees as may be prescribed.

             (2)  Such notice shall—

(a)    state that the Board proposes to acquire such property or recover a reclamation fee in respect of such property, for the purposes of carrying out a scheme under this Act, and

(b)   require such person, if he objects to such acquisition or recovery of reclamation fee, to state his reason in writing within a period of 30 days from the service of the notice.

            (3)  Every such notice shall be signed by the Chairman or by an officer of the Board authorised by him.

            (2)  The application made by the Board to Government under sub-section (1) shall be accompanied by— 

(i)           complete plans and details of the scheme and an estimate of the cost of executing it;—

(ii)         a statement of the reasons for modifications, if any, made in the scheme as originally framed;

(iii)       a statement of objections and representations, if any, received under section 18; 

(iv)       a list of the names of the persons, if any, who have objected under clause (b) of sub-section (2) of section 19, to the proposed acquisition of their property, or the proposed recovery of reclamation fee, and a statement of the reasons given for such objections; and

(v)         a statement of the arrangements made or proposed by the Board for the resettlement or rehousing of persons who are likely to be displaced by the execution of the scheme.

            Provided that;

(a)    if any modification is estimated to increase the estimated net cost of executing the scheme by more than rupees five lakhs or 20 per cent of the said estimated net cost, whichever is less, such modification shall not be made without the previous sanction of the Government, or

(b)   if any modification involves the acquisition , otherwise than by agreement of any land, the acquisition of which was not included in the scheme sanctioned by the Government or involves the levy of reclamation fee on land not liable to such fee under the said scheme, the procedure prescribed in the foregoing sections of this chapter shall, so far as applicable, be followed as if the modification were a separate scheme.

            (3)  After publicity of the notice under sub-section (2) of this section, any owner or occupier of land who desires to put up any new tube-well or well worked by electricity, steam, oil or wind power for using underground waters, for any purpose other than domestic or for watering livestock, shall apply for a licence to the Board. The Board shall frame rules with the sanction of Government to determine the form of the licence, its terms and the officers by whom it shall be granted. Such rules shall provide for a guarantee being obtained from the applicant before issue of the licence that if in the opinion of the Board his appliance, within six months of its erection seriously affects any existing use of underground waters, he will either abandon the licence or any compensation as assessed by the Collector.

            (4)  No claim or suit shall lie for damages against the Board, Government or any other person, on account of any ill-effects on the appliance of the licensee caused by the construction of a tube-well or the working of any appliance for the removal or use of underground water if the said appliance is erected or used in the manner prescribed by the Board.

            (5)   In the area for which the scheme has been sanctioned, the Board may order any tube-well or well worked by electricity, steam, oil or wind power, for using underground waters, to be closed down either temporarily during specified periods of the year or permanently, provided that such order shall not prohibit the use of underground waters by any owner or occupier of land for domestic purposes and for watering livestock. In cases where permanent closing down is ordered, the Board shall either provide some alternative source of water-supply or award reasonable compensation. In determining such compensation, regard shall be had to the diminution in the market value, at the time of making the order of closing down, of the property in respect of which compensation is claimed and where such market value is not ascertainable, the amount shall be reckoned at 12 times the amount of diminution of the annual net profits of such property by the said closing down.

            (6)  The Collector who will receive the application shall proceed to enquire into any such claim and to determine the amount of compensation, if any, which should be given to the claimant and sections 8 to 11 (both inclusive), 25 to 39 (both inclusive), 50 to 56 (both inclusive), of the Land Acquisition Act, 1894, as modified by this Act shall apply to such enquiries.

            (7)  No claim for compensation for such permanent closing down of appliances shall be made after the expiry of one year from the date of the order unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.

            (8)  Any owner or occupier of land who puts up and uses any tube-well or well worked by electricity, steam, oil or wind power, without a licence after the publicity of the notice under sub-section (2)of this section or uses such an appliance in contravention of an order under sub-section (5) shall be charged a special rate for each separate occasion on which such use is made. The Board with the sanction of Government may frame rules to fix the amount of such rate and the manner in which it will be levied. The amount declared to be due shall be payable on the date so specified and in default shall be recovered as arrears of land revenue and credited to the Board Fund under the provisions of sub-section (2) of section 40.

CHAPTER—V

POWERS AND DUTIES OF THE BOARD.

            (2)  If in the whole or any part of the areas mentioned in sub-section (1) the Board is of the opinion that the measures mentioned in section 17 for soil reclamation are necessary and are in view of the extent of cost beyond the resources of the individual owners or occupiers, or that the individual owners or occupier neglect or refuse to carry out the measures required under section 28 (3) (e) the Government on being moved by the Board may by notification declare that the whole or any part of that area shall vest in the Board for the purposes of this Act for a period which shall be specified in the notification and which may be extended by Government from time to time by notification. Whenever any such notification is issued all private rights of whatever kind existing in respect of any land comprising the area specified in the notification shall be suspended. The Government may lay down the terms and conditions on which the said area shall vest in the Board.

            (2)   The Board may enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.

            (3)   Without prejudice to the generality of the powers conferred by the preceding sub-sections, the Board may—

(a)       exercise powers in respect of the measures stated in section 17 of this Act for any scheme;

(b)      grant land vested in the Board to any person on any condition it thinks fit, and for this purpose issue a statement or statements of conditions on which the Board is willing to grant land to tenants:

            Provided that no land which nas been vested in the Board for management on behalf of the Government shall be granted to any person without the statement of conditions having been approved by the Government: 

(c)          if satisfied that a tenant has committed a breach of any condition of the tenancy, after giving the tenant an opportunity  to appear and state his objections impose on him a penalty not exceeding five hundred rupees or resume the land so granted: 

            Provided that if the breach is capable of being rectified the penalty shall not be imposed nor resumption ordered without giving the tenant an opportunity of rectifying it within 30 days of the receipt by him of the notice to this effect, unless the Board is of the opinion, for reasons to be recorded that such delay will frustrate the scheme:

 
            Provided further that when any land is so resumed the tenant shall be entitled to such compensation for the standing crops and for improvements made by him during the tenancy as may be determined by the Board, notwithstanding anything contained in [31][any other law relating to tenancy for the time being inforce in the area]

(d)      take over and reclaim any land on such terms and conditions as may be agreed upon between the Board and the owner or owners thereof;

(e)       direct in respect of any area—

(1)         the levelling, terracing and raising embankments of fields,

(2)         the afforestation of such area or part thereof,

(3)         the execution of earthworks in fields Or ravines,

(4)         for the provision and construction of surface field drains or sub-surface drains,

(5)         the draining of streams,

(6)         field research,

(7)         the permitting by the owners and occupiers of sitting of tubewells and borings and use of water there from in place of that of canal,

(8)         the execution of such other works and the sowing of such crops with specific rotation as are necessary in the opinion of the Board to protect the land from the deteriorating action of salts or water, sub-soil or otherwise or for the reclamation of such area;

[32]["(9)" Integration of surface and sub-surface irrigation supplies and replacement or partial replacement of one with the other].

(f)    direct that any work which has been required to be done by any person under the preceding clause, and which remains undone shall after due notice to such person and consideration of any objection raised by him be executed by the Board, and specify the portion in which the risk and expense of such work shall be borne by such person, or by any other person who is held by the Board, upon due inquiry after reasonable notice to him to be responsible for the execution of such work, in whole or in part;

(g)   regulate, restrict or prohibit by general or special order in respect of any area:—

(1)   the clearing or breaking up of land for cultivation,

(2)   the quarrying of stone and the burning of lime or charcoal and extraction of salts,

(3)   the admission, grazing, herding, parking and retention of cattle,

(4)   the felling, girdling, lopping, tapping or  burning of any tree, or timber, and

(5)   the kindling, keeping or carrying of any fire;

(h)         direct the growing of a particular kind or type of crops, trees, bushes or grasses in a particular area; 

(i)           undertake the breaking of land, planting of trees, construction of water-courses and do all necessary acts to bring land vested in the Board under cultivation., 

(j)           advance money either by way of grant or by way of loan, or partly in one way and partly in other to any person for the purpose of furthering any of the objects of this Act on such terms and conditions as to recovery of interest and subject to such terms and conditions as may be prescribed by the Government; 

(k)         make arrangements for the marketing of the produce and manufactures of the local area; 

(l)           promote and undertake research on any matter in furtherance of the objects of this Act; 

(m)       take over temporarily such other land, which may be required to build offtaking and intaking channels and water-courses for the reclamation of the local area; but in such a case any disturbance or loss caused to the cultivation of the owner of such land shall be duly compensated for by the Board, by levying such special charge on the area benefitted as may be determined by the Board and the dimensions of the land needed, the position thereof marked on a plan duly approved by the Board or an officer to whom such powers are delegated shall be intimated to the owner mentioned in the civil records or ascertained otherwise as the case may be by sending a written notice per registered post to his last known address seven days before the work is started; provided that when the off-taking channel or the intaking water-course is in the opinion of the Board no more needed for the purpose for which it was constructed, the land shall be restored to the owner in its previous condition and all expenses incurred for achieving that condition shall be realised by the Board from the owner of the area benefitted. 

            (4)  Any general order made under this section shall be published in such manner as may be prescribed.

(a)    providing for the terms and conditions on which— 

(i)     land holders or any class of land holders in a local area shall be let land for reclamation; or

(ii)   persons who at the commencement of this Act were in cultivating possession of agricultural land may continue in such possession to reclaim land; and 

(b)   specifying the person or class of persons to whom agricultural land shall be let by land holders. 

            (2)  An order made under the provisions of sub section(I) shall have effect notwithstanding anything contained in any law regulating the letting of land for cultivation in force in the locality to which that order applies, or any notice sent or thing done under such law.

            (3)   On the written application of the Board, any Magistrate or Police Officer having jurisdiction in the area shall summarily eject any person who is in cultivating possession of any agricultural land contrary to the provisions of an order made under sub-section (1) and shall on similar application summarily restore possession to any person named in the application and for doing so may use such force as may be necessary for the purpose.

            (4)   In this section "land-holder" means any person who in accordance with any law or of any custom having the force of law has the right to let land for cultivation.

      Provided that no guarantee or subsidy shall be given or made under clause (a) and no means of locomotion shall be constructed, maintained or worked under clause (b) without the previous sanction of Government.

special order of the Chairman may enter upon any land with such men, animals, vehicles, appliances and instruments as necessary and undertake investigations, surveys or levels thereon, and dig and bore into the sub-soil, and make and set up suitable land marks, pillars, levels marks and water gauges, and do all acts required for the determination of areas and intended lines of works, construct channels and acquiduct or alter them for securing the flow of water, and do all other acts which may be necessary in order to carry out all or any of the objects of the Act: 

            Provided that when the affected land does not vest in the Board, powers conferred by this sub-section shall be exercised in such manner as to cause the least interference with and the least damage to the rights of the owner therein: [33][ ]

 
            [34] ["Provided further that where a chairman or any person acting under this order proposes to enter in to any building or enclose court or garden attached to dwelling house, he shall previously give to the occupier of such building, enclosed court or garden such reasonable notice as the urgency of the case may allow]— 

            (2)  It shall be lawful for any person authorised under sub-section (1) to make an entry for the purpose of inspection or search, to open or cause to be opened a door, gate or other barrier:— 

(a)    If he considers the opening thereof necessary for the purpose of such entry, inspection or search; and 

(b)   if the occupier or owner, as the case may be, is absent or being present, refuses to open such door, gate or barrier: 

            Provided that the compensation shall be paid for the damage caused in such manner as the Board may prescribe by bye -laws and in case of dispute as to its adequacy, the matter shall be referred to the Tribunal. 

CHAPTER—VI

ACQUISITION, ABANDONMENT OF ACQUISITION OF LAND AND LEVY  OF RECLAMATION FEE.

            (2)  After a notification has been issued under sub-section (1) in respect of any locality the Board may apply to the Collector who after giving such reasonable notice to the owners and occupiers as may be prescribed, shall deliver possession of any land in such locality to the Board and the land shall thereupon, notwithstanding anything contained in the Land Acquisition Act 1 of 1894, vest absolutely in the Board free from all encumbrances subject only to payment of compensation under the Land Acquisition Act, 1894, as modified in the schedule referred to in section 33 of this Act.

            (3)  The Board shall in respect of any such locality do all such acts as it may be required to do by the notification and shall proceed to frame a Scheme under section 17 as soon as may be possible.

            (2) The Tribunal shall consist of three members, namely a President and two Assessors chosen by the Government.

            (3)  The President of the Tribunal shall be a person qualified to be a Judge of the High Court.

            (4) The term of office of the President and Assessors of the Tribunal shall be three years and they shall be eligible for a reappointment.

            (5)  The Tribunal shall be deemed to be the Court and the President shall be deemed to be the Judge for the purpose of compulsory acquisition under the Land Acquisition Act No. I of 1894, as modified by this Act.

            (6)   The President of the Tribunal, shall have the powers of a Civil Court under the Code of Civil Procedure, 1908, for purposes of contempt of Court proceedings, to summon and enforce the attendance of witnesses and to compel the production of documents by them.

            (7)   The Government may, at its discretion, remove any member of the Tribunal and appoint any other person in his place.

            (8)   The Government may, by notification, frame rules providing for— 

(a)    the emoluments or allowances to be paid to the President and the Assessors of the Tribunal and other conditions of their service; 

(b)   the employment by the President of such ministerial staff as is necessary to carry out the work of the Tribunal, and the fixation of scales of pay of such staff; 

(c)    the grant of leave, promotion or taking of disciplinary actions by the President in respect of the Ministerial staff; and 

(d)   generally for the conduct of business before the Tribunal . 

            (9)    For the purpose of the award to be made by the Tribunal under the Land Acquisition Act No. I of 1894, the following rules shall apply, that is to say:— 

(a)    if there is disagreement between the members of the Tribunal regarding measurement of land, or the amount of compensation or costs, the opinion of majority shall prevail;

(b)   the decision on questions of law and procedure shall rest solely with the President, and it shall also be for him to decide whether a matter is a question of law or not; 

(c)    the President shall not be bound to consult the Assessors relating to the determination of persons to whom compensation is to be paid, or apportionment thereof, and may in his discretion dispose of such question singly and in that case his decision shall be deemed to be a decision of the Tribunal.

 
            (10)   An award of the Tribunal shall be enforced by the Court of Senior Civil Judge of the district in which the land under acquisition is situated as if it were the decree of that Court.

            (2)  Every order passed by the High Court on appeal under this section, shall be enforced by the Court of the Senior Civil Judge within the limits of whose jurisdiction the award or order appealed against was made, as if it were a decree of that Court. 

            (3)  An appeal under this section shall be deemed to be an appeal under the Code of Civil Procedure, V of 1908, within the meaning of Articles 156 of the First Schedule to the Limitation Act, IX of 1908.

            (2)   The Board may, in its discretion allow such application on payment of prescribed fee and subject to such terms and conditions as it may impose in this behalf. 

            (3)   If any application under sub-section (1) is rejected by the Board or though the application is allowed, the fee mentioned in sub-section (2) is not paid or the conditions are not fulfilled by the person concerned within the prescribed period, the Board shall intimate the fact to the Collector, who shall take up the proceeding for the acquisition of the land from the stage at which they had been stayed.

            (2)  When by the execution of any scheme under this Act increase has actually taken place in the value of any land in the area comprised therein or the expenditure actually incurred on the execution of the scheme is in the opinion of the Board more than the increase or expenditure anticipated at the time of assessing the reclamation fee recovered under subsection (1), the Board may, before restoring the land, levy and recover in respect of the land such further amount of reclamation fee as it may consider suitable. 

            (3)  In fixing the amount of reclamation fee to be charged in respect of any land or class of land, the Board shall also take into consideration the actual expenditure incurred or to be incurred on the execution of the scheme and the degree to which the land or any part of the land has or will be benefitted thereby. 

            (4)  The Government may frame rules providing for --

(a)       the manner in which the demand for the reclamation fee shall be assessed and distributed on the land comprised in the scheme and the person or persons by whome the fee shall be payable; 

(b)      the acceptance by the Board of a satisfactory and sufficient security in lieu of immediate payment of reclamation fee by an owner of land or any person interested therein; 

(c)       the mode by which the reclamation fee shall be realised and the number of instalments to be allowed in this connection and the interest chargeable on balances outstanding from time to time; and 

(d)      the mode of preferring appeal from assessment by the Board and the authority to which the appeal shall lie.

CHAPTER—VII. 
FINANCE

            (2)   All sums received by the Board shall be credited to the board Fund.

            Provided that the Board may exempt any person or class of persons from the payment of whole or part of any such tax due from him or them on such conditions as it may impose.

            (2)  Any local body may, and when so required by the Government shall, grant such amount of money to the Board as may be specified in the requisition.

            (2)  In places where there is no such treasury or sub-treasury or bank, such money may be kept with a banker or person acting as a banker, who has given such security for the safe custody and repayment on demand of the sums so kept as the Government may in each case deem sufficient.

            (3)  Nothing in the foregoing provision of this section shall be deemed to preclude the Board from investing any such moneys as are not required for immediate expenditure in any of the securities described in section 20 of the Trust Act, II of 1882, or placing them in fixed deposit with a bank approved by the Government.

CHAPTER—VIII. 
RULES AND BYE-LAWS.

(i)              as to the authority on which money may be paid from the Board Fund;

(ii)            for fixing the fees payable for copies of, or extracts from, the records furnished by the Chairman; 

(iii)          as to the employment, terms of service, suspension and removal of officers and servants of the Board and the conduct of such officers and servants;

(iv)          as to the intermediate office or offices, if any, through which correspondence between the Board and the Government or Servants of the Government shall pass;

(v)            as to the accounts to be kept by the Board, the manner in which such accounts shall be audited and published, and the powers of auditors in respect of the disallowance and surcharge; 

(vi)          as to the authority by whom, the conditions subject to which and the mode in which contracts may be entered into and executed on behalf of the Board; 

(vii)         [36][as to the preparation of annual estimate of income and expenditure of the Board]. 

(viii)      as to the  returns, statements and reports to be submitted by the Board; 

(ix)          to prescribe and define the mutual relations, to be observed between the Board, other departments and Local authorities in any matter in which they are jointly  interested; 

(x)            for regulating the grant of leave of absence, leave allowance and acting allowance to the officers and servants of the Board; 

(xi)          for establishing and maintaining a provident or annuity fund for compelling all or any of the officers in the service of the Board or of the Tribunal (other than any servant of Government in respect of whom a contribution is paid under section 69) to contribute to such fund at such rates and subject to such conditions as may be prescribed by such rules and for supplementing such contributions out of the funds of the Board: 

      Provided that a Government servants, employed as an officer or servant of the Tribunal as also those who are on deputation to the Board shall not be entitled to leave or leave allowance otherwise than as may be prescribed by the conditions of his service under the Government; 

(xii)        for determining the conditions under which the officers and servants of Board or of the Tribunal, or any of them, shall on retirement receive gratuities or compassionate allowances, and the amount of such gratuities and compassionate allowances, and providing that it shall be at the discretion of the Board or of the Tribunal, as the case may be, to determine whether all such officers and servants or any and if so, which of them, shall become entitled on retirement to any such gratuities or compassionate allowances as aforesaid; 

(xiii)      generally for the guidance of the Board and officers in all matters connected with the carrying out of the provisions of this Act: 

(xiv)      for regulating the grant of subsidies to the Board by the Government, the conditions under which they may be earned or forfeited and the arrangements for their repayments; 

(xv)        as to the methods, details and programmes for reclamation of land under different  circumstances, 

            (2)   All acts authorised or enjoined under this Act shall be held to be authorised of enjoined subject to such rules.

(i)           for fixing the amount of security to be furnished by any officer or servant of the Board under the provisions of this Act; 

(ii)         for associating persons with the Board under subsection (1) of section-7; 

(iii)       for regulating the delegation of powers or duties of the Board to committees or to the Chairman; 

(iv)       for guidance of persons employed by it under this Act; 

(v)         for the management, use and regulation of dwellings constructed under any scheme under this Act; and

(vi)       generally for discharging the functions of the Board under this Act.

            (2)  Notice of the fact of copies of rules and bye-laws being obtainable at the said price and of the place where and the person from whom the same are obtainable shall be given by the Chairman by advertisement in one or more newspapers selected by him for the purpose.

CHAPTER—IX. 
PROCEDURE AND PENALTIES

(a)       personally or by sending it by registered post to the person to whom it is addressed, or 

(b)      if such person cannot be found, then by leaving the notice, summons, order, requisition or bill at his last known place of abode, or by giving or tendering it to some adult male member or servant of his family, ordinarily residing with him, or by causing it to be affixed on some conspicuous part of the building or land to which it relates. 

            (2)  When notice, summons, order or requisition is required or permitted under this Act to be served upon an owner, occupier or tenant, as the case may be, of a building or land, it shall not be necessary to name the owner, occupier or tenant therein and the service thereof in cases not otherwise specially provided for in this Act shall be effected—

(a)       personally, or by sending it by registered post to the owner, occupier, or tenant, or if there be more owners, occupiers, or tenants, then to any one of them, or

(b)      if such owner, occupier, or tenant cannot be found, then by giving or tendering the notice to an adult male member or servant of his family ordinarily residing with him or by causing the notice, summons, order or requisition to be affixed on some conspicuous part of the building in which the person on whom the notice is to be served resides; or

(c)       in the case of a proclamation, in addition to any other mode of proclamation which may be prescribed by this Act, by beat of drum or other customary method and by the pasting of a copy thereof on any conspicuous place in or near the property to which it relates. 

            (3)   Whenever the person on whom a notice, summons, order, requisition or bill is to be served is a minor, service upon his guardian shall be deemed to be service upon the minor.

            (2)  The Magistrate, upon proof of such refusal may by order in writing require the occupier or tenant to give the owner reasonable facility for executing such work with respect to such building or land, as may be necessary for compliance with the notice, order or requisition and may also, if he deems fit, order the occupier or tenant to pay to the owner the costs incurred by the source to bring the matter before the Magistrate and to obtain his order. 

            (3)  If, after the expiry of the period which the Magistrate what should be  fix by taking into consideration the nature any urgency of the work to be executed, the occupier or tenant continues to refuse to allow the owner to execute such work, occupier or tenants shall be liable upon conviction to a fine which may extend to fifty rupees per day and to eviction from the property. The warrant for eviction shall be addressed by the Magistrate to the officer in charge of the police station concerned, and shall be complied with without any delay.

            (4)  Every owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in the execution of such works.

            (2)   When an agent or trustee has claimed and established his right to relief under this section the Board may give him notice to apply to the discharge of such obligation as aforesaid the moneys which come to his hands on behalf or for the use of the owner, and should he fail to comply with such notice, he shall be deemed to be personally liable to discharge such obligation.

he shall be punishable with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months.

(a)    clears or breaks up for cultivation or cultivates any land which is owned by or vests in or is in the possession of the Board and is not included in any tenancy or allocated residential enclosure, or which has been set apart for the common purposes of a town or a village community or section of the same or for a road, canal or water-course, the Chairman may confiscate the crops growing on any land cultivated in contravention thereof or if the crops have been cut, recover such sum as he may assess as the value of such crop from the offender; or

(b)   fells or otherwise destroys standing trees on such land the Chairman may recover such sum as he may assess as the value of the trees felled or destroyed; or

(c)    erects any building on such land or otherwise encroaches on or makes an excavation or construction of water channel on  such land, the Chairman may cause the building or other encroachment to be demolished or removed or the excavation or the channel to be filled up and levy the cost of so doing from the offender. 

            (2)  No order shall be passed under sub-section(l) without giving the person affected an opportunity of beint heard and showing cause against the proposed order]. 

[38][66. . . . . . . ]

CHAPTER—X

SUPPLEMENTAL PROVISIONS

            (2)   If the Board or other person referred to in sub-section (1) shall before the action is commenced have tendered in the opinion of the court sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender. 

            (3)  No action such as is described in sub-section (l)shall, unless it is an action for the recovery of immovable property or for a declaration of the title thereto, be commenced otherwise than within six months from the date of the cause of action or the knowledge of the plaintiff, whichever is later: 

            Provided that nothing in sub-section (1) shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by giving of the notice or the postponement of the institution of the suit or proceeding.

(a)          the existence of any vacancy in or any defect in the constitution of the Board or of any committee; or

(b)         any person having ceased to be a member; or

(c)          the failure to serve a notice on any person where no substantial injustice has resulted from such failure; or

(d)         any omission, defect or irregularity not affecting the merits of the case.

            (2)  Every meeting of the Board, the minutes of the proceeding of which have been duly signed as prescribed in clause (e) of sub section (1) of section 6 shall be taken to have been duly convened and to be free from all defects and irregularities.

            (2)  In the event of dispute, the amount of compensation payable by the said person shall be determined by the Court before whom he was convicted of the said offence. 

            (3)  If the amount of any compensation due under this section be not paid, the same shall be recovered under a warrant from the said Court, as if it were the fine imposed by it on the person liable therefor.

            (2)     From such date— 

(a)       all properties, funds and dues which are vested in or realizable by the Board and the Chairman respectively shall vest in and be realizable by an Administrator appointed by the Government in this behalf;

(b)      all liabilities which are enforceable against the Board shall be enforceable only against the Administrator;

(c)       for the purpose of completing vhe execution of any scheme sanctioned under this Act, Which has not been fully executed by the Board, and of realising properties, funds and dues referred to in clause (a), the functions of the Board and the Chairman under this Act, shall be discharged by the Administrator shall keep separate accounts of all moneys respectively received and expended by him under this Act, shall be discharged by the Administrator; and

(d)      the Administrator shall keep separate accounts of all moneys respectively received and expended by him urder this Act, until all loans raised hereunder have been repaid, and until all other liabilites referred in clause (b) have been duly met.

            [39][(3) Government may, at any time remove the Administrator and reconstitute the Board and thereupon—

(a)       all properties, funds and dues vested in or realizable by the Administrator shall vest in and be realizable by the Board;

(b)      all liabilities enforceable against the Administrator shall be enforceable only against the Board;

(c)       all actions taken by the Administrator shall be deemed to have been taken by the Board.]

                                                SCHEDULE

(REFERRED TO IN SECTION 33).

 
Modifications in the Land Acquisition Act No. I of  1894, hereinafter called "the said Act".

(1)   the provision of village sites in districts in which the Provincial Government shall have declared by notification in the Official Gazette that it is customary for the Government to make such provision;

(2)   soil reclamation carried out under the Punjab Soil Reclamation Act, 1952."

(ii)  The fullstop at the end of clause (g) shall be replaced by a colon and the following clauses shall be deemed to have been added after clause (g):— 

(h)     "board", means the [40][. . . . ] [41][Land and Water Development Board] appointed under the Punjab Soil Reclamation Act, 1952;

(i)      "net income" shall mean the income from the land after deducting therefrom the ordinary expenses of cultivation, land revenue, rates and cesses; and 

(j)       rates and cesses have the same meaning as given in section [42](9) of the [43]Land Revenue Act, 1887.

            (2)   Proceedings under section 19 and  sub-section (1) of section 20 of the [45][. . . .] Soil Reclamation Act 1952, shall substitute for and have the same effect as proceedings under section 5-A of the said Act. 

            (3)  Subject to the provisions of paragraphs 10 and 11 of the schedule, the publication of a notification under section 22 of the 1[ . . . . .] Soil Reclamation Act 1952 shall substitute for and have the same effect as a declaration by the Provincial Government under section 6 of the said Act, unless a declaration under the last mentioned section has previously been made and is still in force.

            (2)  The Collector shall at the time of taking possession of land offer to the persons interested compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them on account of dispossession and not excepted in section 24 or.24-A; and, in case such offer is not accepted, the value of such crops or trees and the amount of such other damage shall be allowed for while awarding compensation for the land under the provisions herein contained".

            "Any person interested who has not accepted the award of the Board may by written application to the Collector, require that the matter be referred by the Collector, for determination of the Court, whether his or its objection be to the measurement of the land, the amount of compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested or the amount of costs allowed".

(2)   Between the word "Collector" and the full stop at the end of section 20 of the said Act, the words "and the Board" shall be deemed to have been added.

(3)  The existing section 20 of the said Act, shall be numbered as sub-section(1) of section 20, and the following sub-sections shall be deemed to have been added.

            "(2)   The Board or any person to whom a notice is issued under clause (b) or (c) of sub-section (I) may support the award and may also take any cross objection which could have been taken by making an application for reference provided such objection is filed within one month from the date of service of notice under this section or within such further time as the Tribunal may see fit to allow.

            (3)  The provisions of the Code of Civil Procedure, 1908, relating to cross-objections filed under that Code shall, so far as may be, apply to the cross objections filed under  this  section."

(2)    For the existing sub-section (2) of section 23 of the said Act, the following shall be deemed to have been substituted, namly:—

"(2)   For the purposes of clause "first" of sub section (1) of this section the market value of the land shall be determined on the basis of the average net income of that land for the five years preceding the date declared by Government under sub-section (I) of this section: 

            Provided that if that land or any portion of it has not been cultivated, the net income of such land or portion in that year shall be taken to be four times the land revenue assessed thereon, or, if no land revenue has been so assessed, three times the lowest rate of land revenue assessed on neighbouring land:

 
            Provided further that in respect of land which is situated in a town or village abadi or land which is attached to a house, manufactory, or other building and is reasonably required for the enjoyment and use of the house, manufactory or building, the market value shall be the market value according to the use to which the land was being put on the date declared by Government under sub-section (I) of this section".

            "Seventhly, any outlay on additions or improvements to land acquired which was incurred after the date with reference to which the market value is to be determined, unless it is proved that these were necessary to keep the land in a fit state to command the profits accruing on the said date and were made in good faith and not in contemplation of proceedings for compulsory acquisition".

             "24-A. In determining the amount of compensation to be awarded for any land acquired for the Board under the Punjab Soil Reclamation Act, 1952, the Court shall also have regard to the following provisions, namely: —

(1)         When any interest in any land acquired under this Act has been acquired after the date with reference to which the market value is to be determined, no separate estimate of the value of such interest shall be made so as to increase the amount of compensation to be paid for such land.

(2)         If in the opinion of the Court any building is in a defective state from a sanitary point of view or is not in a reasonably good state of repairs, the amount of compensation for such building shall not exceed the sum which the Court considers the building would be worth if it were put into a sanitary condition or into a reasonably good state of repairs as the case may be, less the estimated cost of putting it into such condition or state.

(3)         If, in the opinion of the Court any building which is used or is intended or is likely to be used for human habitation is not reasonably capable of being made fitt for human habitation, the amount of compensation for such building shall not exceed the value of the materials of the  building less the cost of demolishing the building".

"(4)   The Court shall be competent to award an amount less than that awarded by the Collector, if, after consideration of any reference or cross objection, it is of the opinion that the amount awarded by the Collector  is  excessive".

       "48-A. (1)     if within a period of two years from the date of the publication of the notification under section 22 of the Punjab Soil Reclamation Act, 1952, in respect of any land, the Collector has not made an award under section 11 with respect to such land, the owner of the land shall unless he has been to a material extent responsible for the delay, be entitled to receive compensation for the damage suffered by him in consequence of the delay; 

(2)   The provisions of Part III of the Act shall apply, so far as may be, to the determination of the compensation payable under this section".