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EAST PUNJAB HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948
EAST PUNJAB HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948
ACT NO. 50 OF 1948
THE EAST PUNJAB HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948
East Punjab Act No. 50 of 1948
Contents
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Sections |
Subject |
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CHAPTER I PRELININARY |
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1. |
Short title, extend and commencement |
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2. |
Interpretation |
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CHAPTER II DETERMINATION OF STANDARD AREAS AND TREATMENT OF FARGMENTS |
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3. |
Determination of Notified Area |
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4. |
Settlement of Standard Areas |
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5. |
Determination and Settlement of Standard Areas |
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6. |
Entry in the Record of Rights |
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7. |
Transfer and lease of fragments |
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8. |
Fragmentation prohibited |
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9. |
Penalty for transfer or partition contrary to provision of Act |
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10. |
Valuation of fragment |
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11. |
Transfer of fragment |
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12. |
Partition of estate assessed to payment of revenue to Government to separation of share thereof |
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13. |
State government of local authority not to acquire land so as to leave fragment |
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CHAPTER III CONSOLIDATION HOLDINGS |
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14. |
Government may of its own accord or on application declare its intention to make scheme for consolidation of Holdings |
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15. |
Scheme to provide compensation |
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16. |
Scheme to provide for distribution of land held under occupancy tenure between occupancy tenant and landlord |
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16-A |
Power to make provision in the scheme to partition joint lands and joint occupancy tenancies |
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17. |
Amalgamation of public roads, etc., within Scheme for consolidation of holdings |
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18. |
Land reserved for common purposes |
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19. |
Publication of draft scheme |
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20. |
Confirmation of scheme |
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21. |
Repartition |
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22. |
Preparation of record of rights |
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23. |
Rights to Possession of new holdings |
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23 -A |
Management and control of lands for common purposes to vest in Panchayat or State Government |
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24. |
Coming in to force of scheme |
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25. |
Rights of landowners and tenants after consolidation same as before |
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25-A |
Effect of consolidation of holdings on evacuee property |
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26. |
Encumbrances of landowners and tenants |
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27. |
Transfer of rights of landowners in holding and of tenants in tenancies |
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27-A. |
Decrees for possession of land to be executed against land allotted on repartition |
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28. |
Cost of consolidation proceedings |
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29. |
Recovery of compensation, cost, or other sums payable under this act |
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30. |
Transfer of property during consolidation proceedings |
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30-A |
Prohibition of cutting trees and erecting buildings, etc. during consolidation proceedings |
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31. |
Transfer not affected by Punjab Alienation of Land Act, 1900 |
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32. |
Suspension of partition proceedings during currency of consolidation proceedings |
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33. |
No instrument necessary to effect transfer |
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34. |
Apportionment of compensation of net value in case of dispute |
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35. |
Application of Chapter II to consolidated holdings |
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36. |
Power to vary or revoke scheme |
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CHAPTER IV OTHER POWERS OF CONSOLIDATION OFFICERS |
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37. |
Power of officer to enter upon land for purposes of survey and demarcation. |
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38. |
Penalty for destruction, injury or removal of survey marks |
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39. |
Report of destruction or removal or injury to survey mark |
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40. |
Power of Consolidation officer or Settlement officer (Consolidation) to summon persons |
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CHAPTER V GENERAL |
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41. |
Appointment of officers and staff and delegation of powers |
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42. |
Power of State Government to call for proceedings |
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43. |
Appeal and Revision |
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43-A |
Correction of clerical errors |
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44. |
Jurisdiction of civil court barred as regards matters arising under this act |
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45. |
Public servants indemnified for acts done under this act |
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46. |
Rules |
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47. |
Repeal |
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The Schedule |
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1THE EAST PUNJABHOLDINGS OF (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948
EAST PUNJAB ACT NO. 50 OF 1943
(1For statement of objects and Reasons see 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 Assembly 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 the East Punjab Government Gazette (Extraordinary) , of December 14, 1948].
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1 |
2 |
3 |
4 |
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YEAR |
NO. |
Short title |
Whether repealed or other wise affected by legislation |
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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 225- 396 and 407of 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 Government Gazette (Extraordinary), dated 10th July, 1952, Pages 552; For the proceedings in the Assembly, see Punjab 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.)
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1 |
2 |
3 |
4 |
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YEAR |
NO. |
Short title |
Whether repealed or other wise affected by legislation |
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1948 |
50 |
The East Punjab Holding (Consolidation and prevention of fragmentation) Act, 1948. |
Amended by Punjab Act No.46 of 19561 Extended to the territories which 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 19572 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 consolidation 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" means 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 contained 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 contained 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 scale for such assignment or reservation had not been laid down by rules farmed under the said Act''.
1[(bb) "Common purpose" means any purpose 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 channels; 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, waterworks 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 agriculture, 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 area 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 minimum 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 considering the objections, if any received within three months of the 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 shall 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 contained 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 contrary 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 Collector for determination of its market price and the Collector shall after hearing the applicant 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 numbers, and in case of there refusal to purchase for the price as determined under the last preceding section, 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 Collector under section 54 of the code of Civil Procedure, 1908, for the partition of an undivided 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 possession 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 authority not acquire land so as to leave fragment: Notwithstanding any thing contained in any law 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 the 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 contiguous survey numbers or the recognized sub-divisions of survey numbers 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 thereof 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-section (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 alteration 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 scheme prepared by the consolidation Officer, may provide for the distribution of land held under occupancy tenure between the tenants holding a right of occupancy and his landlord in such proportion 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 contained in chapter IX of the Punjab Land Revenue Act1887, expect section 117 thereof the scheme prepared by the Consolidation Officer may Provide for the partition of land between joints owners of land, or between joint tenants 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 road, street, lane, path, channel, drain, tank, pasture or other land 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 rights of the public as well as of all individuals in or over the said road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes, shall be extinguished or, as the case may 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-section (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 interest or right, in addition to the right of public highway, in or over the said road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes or having any other interest or right which is likely to be adversely affected by the proposal may within thirty days after the publication of the declaration under Sub-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 road, 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.
THE EAST PUNJAB HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948
[ Act No. 50 of 1948]
[7th December, 1948]
PREAMBLE
An Act to provide for the compulsory consolidation of agricultural holdings and for preventing the fragmentation of agricultural holdings in 1[the State of Punjab] 2[and for the assignment or reservation of land for common purposes of the village.]
It is hereby enacted as follows:-
________________________________________
1. Substituted for the word 'Province' of East Punjab by Adaptation of Laws (Third Amendment) Order, 1951.
2. Added and deemed always to have been so added by Punjab Act No. 27 of 1960.
Section 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 the 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 date as the 3[State] Government may by notification appoint in this behalf, and different dates may be appointed for the coming into force of different provisions of the Act.
____________________________
1. Substituted for the word 'Province' by the Adaptation of Laws Order, 1950.
2. Substituted for the words 'East Punjab' by Adaptation of Laws Order, 1950.
3. Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.
Section 2 - Interpretation
In this Act, unless there is anything repugnant in the subject or context--
(a) "Consolidation Officer" means an officer appointed as such under section 14 by the 1[State] Government and includes any person authorised by the [State] Government to perform all or 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 the lands in an estate or sub-division of an estate so as to reduce the number of plots in the holdings;
2[(bb) "common purpose" means any purpose in relation to any common need, convenience or benefit of the village] 3[and includes the following purposes:-
(i) extension of the village abadi; 4[--]
(ii) providing income for the Panchayat of the village concerned for the benefit of the village community].
5[(iii) village roads and paths; village drains, village wells, ponds or tanks; village watercourses or water-channels; village bus stands and waiting places; manure pits; hada rori; public latrines; cremation and burial grounds; Panchayat Ghar, Janj Ghar; grazing grounds; tanning places; mela grounds; public places of religious or charitable nature; and
(iv) schools and playgrounds, dispensaries, hospitals and institutions of like nature, water-works or tube-wells whether such schools, playgrounds, dispensaries, hospitals, institutions, water-works 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 land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture, or for 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 unalienated 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 section 20 by the [State] Government and includes any person authorised by the [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 6[State] Government may from time to time determine under section 5 as the minimum area necessary for profitable cultivation in any particular notified area, and includes a standard area revised under the said section;
(j) "sub-division" means a part of an estate recorded as a sub-division, patti, taraf or pana in a record of rights prepared under section 31 of the Punjab Land Revenue Act, 1887(XVII of 1887), provided it forms
a compact block; and
(k) words and expressions used in this Act but not defined, have the meaning assigned to them in the Punjab Land Revenue Act, 1887 (XVII of 1887).
________________________________________
1. Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.
2. Inserted by Punjab Act 22 of 1954. The clause shall be deemed always to have been inserted.
3. Added and deemed always to have been so added by Punjab Act 27 of 1960.
4. The word "and" omitted by Punjab Act 39 of 1963 and shall be deemed always to have been omitted.
5. Inserted by Punjab Act 39 of 1963.
6. See the Adaptation of Laws Order, 1950.
Section 3 - Determination of notified area
The [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.
Section 4 - Settlement of standard areas
(1) The [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 [State] Government shall by notification and in such other manner as may be prescribed publish the minimum areas provisionally settled by it under sub-section (1) and invite objections thereto.
Section 5 - Determination and revision of standard areas
(1) The [State] Government shall, after considering the objections, if any, received within three months of the date of 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 in 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 [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).
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1. See the Adaptation of Laws Order, 1950.
Section 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 shall 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.
Section 7 - Transfer and lease of fragments
(1) No person shall transfer any fragment in respect of which a notice has been given under sub-section (2) of section 6 unless thereby the fragment becomes merged in a contiguous survey number or recognised sub-division of a survey number.
(2) Notwithstanding anything contained in the Punjab Tenancy Act, 1887 (XVI of 1887), no such fragment shall be leased to any person other than a person cultivating any land which is contiguous to the fragment.
Section 8 - Fragmentation prohibited
No land in any notified area shall be transferred or partitioned so as to create a fragment.
Section 9 - Penalty for transfer or partition contrary to provisions of Act
The transfer or partition of any land contrary to the provisions of this Act shall be void.
Section 10 - Valuation of fragment
Any owner of a fragment who intends to sell it shall make an application in this behalf to the Collector for determination of its market price and the Collector shall, after hearing the applicant and the owners of the contiguous survey numbers or recognised sub-divisions of survey numbers determine the market price, and such determination shall be final and conclusive for the purposes of this Chapter.
Section 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 or recognised sub-divisions of survey numbers, and in case of their refusal to purchase for the price as determined under the last preceding section, 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 therein as the Collector may determine, and thereupon the fragment shall vest absolutely in the [Government] for the purpose of the [State] free from all encumbrances.
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1. Substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
2. Substituted for the word "province" by the Adaptation of Laws Order, 1950.
Section 12 - Partition of estate assessed to payment of revenue to [Government] or separation of share thereof
When a decree is transferred to the Collector under section 54 of the Code of Civil Procedure, 1908 (V of 1908), for the partition of an undivided estate assessed to the payment of revenue to the [Government] in any notified area for which standard areas have been fixed, or for the separate possession of a share of such an estate, no such partition or separation shall be made so as to create a fragment.
Section 13 - [State] Government or local authority not to acquire land so as to leave fragment
(1) Notwithstanding anything contained in any law 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.
(2) If any land acquired by the 1[State] Government or any local authority is in excess of its requirements, it shall be offered for sale in the first instance to the owners of contiguous survey numbers or recognized sub-divisions of survey numbers at the price at which it was acquired under sub-section (1).
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1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Section 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 thereof for the purpose of better cultivation of lands therein, the [State] Government may of its own motion or on application made in this behalf. declare by 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 the 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 Punjab Gram Panchayat Act No. IV of 1953 prepare a scheme for the consolidation of holdings in such estate or estates or part thereof as the case may be.
3[(3) Where a notification under sub-section (1) has been made in respect of a group of estates and the holding 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 provide for the alteration of boundaries of such estates].
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1. Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.
2. Inserted by Punjab Act No. VII of 1955 and shall be deemed always to have been inserted.
3. Added by Punjab Act No. 15 of 1959.
Section 15 - Scheme to provide for 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 that of his original holding and for the recovery of compensation from any owner who is allotted a holding of greater market value than that of his original holding.
(2) 1[----]
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1. Omitted by the Punjab Act, 23 of 1950.
Section 16 - Occupancy Tenancies
(1) The scheme prepared by the Consolidation Officer may provide for the distribution of land held under occupancy tenure between the tenants holding a right of occupancy and his landlord in such proportion as may be agreed upon between the parties.
(2) When the scheme is 1[confirmed] under section 20, the land so allotted to the occupancy tenant and the landlord shall, notwithstanding anything to the contrary contained in the Punjab Tenancy Act, 1887 (XVI of 1887), or in any other law for the time being in 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.
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1. Substituted for the words "finally sanctioned" by Punjab Act 25 of 1962.
Section 16A - Power to make provision in the scheme to partition joint lands and joint occupancy tenancies
1[(1) Notwithstanding anything contained in Chapter IX of the Punjab Land Revenue Act, 1887, except section 117, thereof the scheme prepared by the Consolidation Officer may provide for the partition of land between joint-owners of land, or between joint-tenants 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 such owner or tenant to such share has been established by a decree which is still subsisting at the time of preparing the scheme, or
(c) a written acknowledgment of such right has been executed by all persons interested in the admission or denial thereof.
(2) When the scheme is 2[----] confirmed under section 20, the land so partitioned shall, notwithstanding anything to the contrary contained in any law for the time being in force, be held by each such owner or tenant 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.]
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1. Inserted by Punjab Act 20 of 1959.
2. The word "finally" omitted by Punjab Act 25 of 1962.
Section 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 road, street, lane, path, channel, drain, tank, pasture or other land 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 rights of the public as well as of all individuals in or over the said road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes, shall be extinguished or, as the case may 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-section (1) shall be published in the estate concerned in the prescribed manner along with the draft scheme referred to in section 19.
(3) Any member of the public or any person having any interest or right, in addition to the right of public highway, in or over the said road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes or having any other interest or right which is likely to be adversely affected by the proposal may, within thirty days after the publication of the declaration under sub-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 the extinction or diminution of the right of public highway over such road, 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 recommendations 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 compensation is payable. The decision of the Settlement Officer (Consolidation), on the proposal and regarding the amount of compensation and the persons by whom such compensation, if any, is payable, shall be final.
Section 18 - Lands reserved for common purposes
Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Consolidation Officer to direct-
(a) that any land specifically assigned for any common purpose shall cease to be so assigned and to assign any other land in its place;
(b) that any land under the bed of a stream or torrent flowing through or from the Shiwalik mountain range within the 1[State] shall be assigned for any common purpose;
(c) that if any area under consolidation no land is reserved for any common purpose including extension of the village abadi, or if the land so reserved is inadequate, to assign other land for such purpose.
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1. Substituted for the word "Province" by the Adaptation of Laws Order, 1950.
Section 19 - Publication of draft scheme
(1) When the draft scheme of consolidation is ready for publication, the Consolidation Officer shall publish it in the prescribed manner in the estate or estates concerned. Any person likely to be affected by such scheme, shall, within thirty days of the date of such publication, communicate in writing to the Consolidation Officer any objections relating to the scheme. The Consolidation Officer shall, after considering the objections, if any, received, submit the scheme with such amendments as he considers to be necessary, together with his remarks on the objections, to the Settlement Officer (Consolidation).
(2) 1[----]
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1. Omitted by Punjab Act 25 of 1962.
Section 20 - Confirmation of scheme
(1) The 1[State] Government may by notification appoint one or more persons to be Settlement Officers (Consolidation) and, by like notification, specify the area in which each such officer shall have jurisdiction. The Consolidation Officers in the area under the jurisdiction of the Settlement Officer (Consolidation) shall be subordinate to him subject to any conditions which may be prescribed.
2[(2) If no objections are received to the draft scheme published under sub-section (1) of section 19 3{--} and also if no written or oral objections to 4{the draft scheme} are received under sub-section (3) by the Settlement Officer (Consolidation), he shall confirm the scheme.
(3) If any objections are received to the draft scheme published under sub-section (1) of section 19 5{----} or if any written or oral objections are received by the Settlement Officer (Consolidation) before the confirmation of 6{the draft scheme} by him, the Settlement Officer (Consolidation) may after taking the objections into consideration together with the remarks thereon of the Consolidation Officer and also after considering the written or oral objections, either confirm the scheme with or without modifications, or refuse to confirm it. In case of such refusal, the Settlement Officer (Consolidation) shall return the draft scheme, with such directions as may be necessary, to the Consolidation Officer, for reconsideration and re-submission.]
(4) Upon the confirmation of the scheme under sub-section (2) or (3), the scheme as confirmed shall be published in the prescribed manner in the estate or estates concerned.
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1. Substituted for the word '"Provincial" by the Adaptation of Laws Order, 1950.
2. Substituted by the Punjab Act No. 12 of 1962.
3. The words "or, within thirty days of its publication, to the amended draft scheme published under sub-section (2) of that section" omitted by Punjab Act No.25 of 1962.
4. Substituted for the words "any such scheme" by Punjab Act 25 of 1962.
5. The words "or to the amended draft scheme published under sub-section (2) of that section " omitted by Punjab Act 25 of 1962
6. Substituted for the words "any such scheme" by the Punjab Act No.25 of 1962.
Section 21 - Repartition
(1) The Consolidation Officer shall, after obtaining the advice of the landowners of the estate or estates concerned, carry out repartition in accordance with the scheme of consolidation of holdings confirmed under section 20, and the boundaries of the holdings as demarcated shall be shown on the shajra which shall be published in the prescribed manner in the estate or estates concerned.
(2) Any person aggrieved by the repartition may file a written objection within fifteen days of the publication before the Consolidation Officer who shall after hearing the objector pass such orders as he considers proper confirming or modifying the repartition.
(3) Any person aggrieved by the order of the Consolidation Officer under sub-section (2) may within one month of that order file an appeal before the Settlement Officer (Consolidation) who shall after hearing the appellant pass such order as he considers proper.
1[(4) Any person aggrieved by the order of the Settlement Officer (Consolidation) under sub-section (3), whether made before or after the commencement of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Second Amendment and Validation Act, 1962, may, within sixty days of that order, appeal to the Assistant Director of Consolidation.
(5) Any appeal against an order of the Settlement Officer (Consolidation), pending under sub-section (4) immediately before the commencement of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Second Amendment and Validation Act, 1962, either before the State Government or any officer to whom the powers of the State Government in this behalf have been delegated, shall be decided by the Assistant Director of Consolidation.
(6) The appellate authority may entertain an appeal under sub-section (3) or sub-section (4) after the expiry of the period of limitation prescribed therein if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(7) The State Government may by notification appoint any person to be an Assistant Director of Consolidation to exercise the powers under this section in respect of such area as may be specified in such notification.]
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1. Substituted by Punjab Act 25 of 1962.
Section 22 - Preparation of record-of-rights
(1) The Consolidation Officer shall cause to be prepared a new record-of-rights in accordance with the provisions contained in Chapter IV of the Punjab Land Revenue Act, 1887(XVII of 1887), in so far as these provisions may be applicable, for the area under consolidation, giving effect to the repartition 1[and order in respect thereof made] under the preceding section.
(2) Such record of rights shall be deemed to have been prepared under section 32 of the Punjab Land Revenue Act, 1887 (XVII of 1887).
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1. Substituted for the words "as finally sanctioned" by Punjab Act 25 of 1962.
Section 23 - Right to possession of new holdings
(1) If all the owners and tenants affected by 1[the repartition, as carried out under sub-section(1) of section 21], agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow them to enter into such possession forthwith or from such date as may be specified by him.
2[(2) If all the owners and tenants as aforesaid do not agree to enter into possession under sub-section(1), they shall be entitled to possession of the holdings and tenancies allotted to them from such date as may be determined by the Consolidation Officer and published in the prescribed manner in the estate or estates concerned; and the Consolidation Officer shall, if necessary, put them in physical possession of the holding to which they are so entitled including standing crops, if any, and for doing so may exercise the powers of a Revenue Officer under the Punjab Land Revenue Act, 1887].
(3) If there are standing crops on any holding of which possession has been given under sub-section (2), the Consolidation Officer shall determine 3[in the manner provided under this Act] the compensation payable in respect of such crops by the person put in possession, who shall, within six months of the date of possession, pay such compensation to the person or persons from whom possession was transferred, and in case of default such compensation shall be recoverable from him as an arrear of land revenue.
(4) If any person from whom compensation is recoverable under the scheme fails within 15 days of the 4[date], referred to in sub-section (2) to deposit such compensation in the prescribed manner, it shall be recoverable from him as an arrear of land revenue, and in such case the amount realised after deducting the expenses, shall be paid to any person having the interest in the holding.
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1. Substituted for the words "the scheme of consolidation or, as the case may be, repartition, as finally confirmed" by Punjab Act 25 of 1962.
2. Substituted by Punjab Act 25 of 1962.
3. Substituted for the words "in the prescribed manner" by Punjab Act 23 of 1950.
4. Substituted for the words "commencement of the agricultural year" by Punjab Act 25 of 1962.
Section 23A - Management and control of lands for common purposes to vest in Panchayats or State Government
1[As soon as a scheme comes into force, the management and control of all lands assigned or reserved for common purposes of the village under section 18,-
(a) in the case of common purposes specified in sub-clause (iv) of clause (bb) of section 2 in respect of which the management and control are to be exercised by the State Government, shall vest in the State Government; and
(b) in the case of any other common purpose, shall vest in the Panchayat of that village;
and the State Government or the Panchayat, as the case may be, shall be entitled to appropriate the income accruing therefrom for the benefit of the village community, and the rights and interests of the owners of such lands shall stand modified and extinguished accordingly:
Provided that in the case of land assigned or reserved for the extension of village abadi or manure pits for the proprietors and non-proprietors of the village, such land shall vest in the proprietors and non-proprietors to whom it is given under the scheme of consolidation]
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1. Substituted by Punjab Act 39 of 1963.
Section 24 - Coming into force of scheme
1[(1) As soon as the persons entitled to possession of holdings under this Act have entered into possession of the holdings, respectively allotted to them the scheme shall be deemed to have come into force and the possession of the allottees affected by the scheme of consolidation, or as the case may be, by repartition, shall remain undisturbed until a fresh scheme is brought into force or a change is ordered in pursuance of provisions of sub-sections (2), (3) and (4) of section 21 or an order passed under section 36 or 42 of this Act].
2[(2) A Consolidation Officer shall be competent to exercise all or any of the powers of a Revenue Officer under the Punjab Land Revenue Act, 1887 (Act XVII of 1887), for purposes of compliance with the provisions of subsection (1)].
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1. Substituted by Punjab Act 46 of 1956, and shall be deemed to have been so substituted from the 27.12.1954.
2. Added by Punjab Act 39 of 1954.
Section 25 - Rights of landowners and tenants after consolidation same as before
A landowner or a tenant shall subject to the provisions of 1[sections 16 and 16-A] have the same right in the land allotted to him in pursuance of the scheme of consolidation as he had in his original holding or tenancy, as the case may be.
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1. Substituted for the word and figures "section 16" by Punjab Act 20 of 1959.
Section 25A - Effect of consolidation of holdings on Evacuee Property
1[(1) If in pursuance of scheme for consolidation of holdings any land which is evacuee property within the meaning of the Administration of Evacuee Property Act, 1950 (XXXI of 1950), is or has been exchanged for any other land which is not evacuee property, then such other land shall, as from the date of coming into force of the scheme, be deemed to be evacuee property declared as such within the meaning of the said Act and the original evacuee land shall, as from such date, be deemed to have ceased to be evacuee property.
(2) If a displaced person to whom any land has been leased or allotted by the Custodian under the conditions published by the notification of the Government of Punjab in the Department of Rehabilitation No. 4891-S or 4892-S, dated the 8th July, 1949, has been allotted some other land in lieu thereof in pursuance of any scheme, for consolidation of holdings, then such other land shall be deemed to have been leased or allotted, as the case may be, to such displaced person under the aforesaid conditions within the meaning of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954).
(3) In this section, the expressions 'Custodian' and 'displaced persons' have the meanings respectively assigned to them in the Administration of Evacuee Property Act, 1950 (XXXI of 1950) and the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954)].
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1. Inserted by Punjab Act 40 of 1954.
Section 26 - Encumbrances of landowners and tenants
(1) If the holding of a landowner or the tenancy of a tenant brought under the scheme of consolidation is burdened with any lease, mortgage or other encumbrance, such lease, mortgage or other encumbrance shall be transferred and attached to the holding or tenancy allotted under the scheme or to such part of it as the Consolidation Officer subject to any rules that may be made under section 46, may have determined in preparing the scheme; and thereupon the lessee, mortgagee or other encumbrancer, as the case may be, shall cease to have any right in or against the land from which the lease, mortgage or other encumbrance has been transferred.
(2) If the holding or tenancy to which a lease, mortgage, or other encumbrance is transferred under sub-section (1) is of less market value than the original holding from which it is transferred, the lessee, mortgagee or other encumbrancer, as the case may be, shall subject to the provisions of section 34 be entitled to the payment of such compensation by the owner of the holding, or as the case may be, the tenant as the Consolidation Officer may determine.
(3) Notwithstanding anything contained in section 23, the Consolidation Officer shall if necessary put any lessee or any mortgagee or other encumbrancer entitled to possession, in possession of the holding or tenancy or part of the holding or tenancy to which his lease, mortgage or other encumbrance has been transferred under sub-section (1).
Section 27 - Transfer of rights of landowners in holdings and of tenants in tenancies
Notwithstanding anything contained in the Punjab Land Revenue Act, 1887 (XVII of 1887) and the Punjab Tenancy Act, 1887 (XVI of 1887), the rights and liabilities of landowners in their holdings and of tenants in their tenancies shall, for the purpose of giving effect to any scheme of consolidation affecting them, be transferable by exchange or otherwise and neither the landlord nor tenant nor any other person shall be entitled to object to or interfere with any transfer made for the said purpose.
Section 27A - Decrees for possession of land to be executed against land allotted on repartition
1[Notwithstanding anything contained in the Code of Civil Procedure, 1908, or any other law for the time being in force, no decree for possession of land against a judgment-debtor, whose land has been included in a scheme for consolidation of holdings shall be executed except after repartition 2{and orders in respect thereof under section 21 and against land allotted to him in pursuance of such repartition and orders}].
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1. Inserted by Punjab Act 20 of 1959.
2. Substituted for the words "as finally confirmed under section 21 and against land allotted to him in pursuance of such repartition" by Punjab Act 25 of 1962.
Section 28 - Cost of consolidation proceedings
(1) The cost of consolidation proceedings shall be assessed in the prescribed manner.
(2) The cost of consolidation proceedings shall be recovered from the persons whose holdings are affected by the scheme of consolidation.
Section 29 - Recovery of compensation or costs or others sums payable under this Act
Compensation under section 15 or costs under section 28 or any other sums due payable under this Act shall be recoverable as an arrear of land revenue.
Section 30 - Transfer of property during consolidation proceedings
After a notification under sub-section (1) of section 14 has been issued and during the pendency of the consolidation proceedings no landowner or tenant having a right of occupancy upon whom the scheme will be binding shall have power without the sanction of the Consolidation Officer to transfer or otherwise deal with any portion of his original holding or other tenancy so as to affect the rights of any other landowner or tenant having a right of occupancy therein under the scheme of consolidation.
Section 30A - Prohibition of cutting trees and erecting buildings, etc., during consolidation proceedings
1[(1) After a notification under sub-section (1) of section 14 has been issued and during the pendency of consolidation proceedings no landowner upon whom the scheme will be binding shall have power without the sanction of the Consolidation Officer to cut trees from, and erect buildings or other structures upon, any portion of his original holding included in the scheme.
(2) If any person contravenes the provisions of sub-section (1) he shall, on conviction, be punishable with fine which may extend to five hundred rupees.
(3) An offence under this section shall be cognizable and bailable.
(4) If any building or other structure is erected in contravention of the provision of sub-section (1) and the landowner fails to remove it within one month of the date of publication of the shajra under sub-section (1) of section 21, it shall, without payment of any compensation vest in the new landowner who enters into possession of that holding as a result of repartition.]
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1. Inserted by Punjab Act No. 12 of 1960.
Section 31 - Transfer not affected by Punjab Alienation of Land Act, 1900
Notwithstanding anything contained in section 3 of the 1Punjab Alienation of Land Act, 1900, (Punjab Act XIII of 1900), no exchange of land by a member of an agricultural tribe in pursuance of a scheme of consolidation of holdings shall require the sanction of the Deputy Commissioner under the Act.
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1. Repealed by Adaptation of Laws (Third Amendment) order, 1951.
Section 32 - Suspension of partition proceedings during currency of consolidation proceedings
1[After a notification under sub-section (1) of section 14 has been issued, no proceedings under Chapter IX of the Punjab Land Revenue Act, 1887, in respect of any estate or a sub-division of an estate affected by the scheme of consolidation shall, subject to the provisions of section 16-A, be commenced, and where such proceedings were commenced before the issue of the notification, they shall remain in abeyance, during the pendency of the consolidation proceedings.]
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1. Substituted by Punjab Act 20 of 1959.
Section 33 - No instrument necessary to effect transfer
Notwithstanding anything contained in any law for the time being in force-
(a) no instrument in writing shall be necessary in order to give effect to a transfer involved in carrying out any scheme of consolidation of holdings, and
(b) no instrument, if executed, shall require registration.
Section 34 - Apportionment of compensation or net value in case of dispute
1[(1) The amount of compensation payable under this Act shall be assessed, so far as practicable, in accordance with the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894 (1 of 1894)].
2[(2) Where there is dispute in respect of the apportionment of-
(a) the amount of compensation determined under sub-section (2) of section 15, or sub-section (4) of section 17;
(b) the net value realised under sub-section 4 of section 23;
(c) the total amount of compensation determined under sub-section (2) of section 26, the Consolidation Officer shall refer the dispute to the decision of the Civil Court and deposit the amount of compensation or net value, as the case may be, in the Court and thereupon the provisions of sections 33,53 and 54 of the Land Acquisition Act, 1894 (1 of 1894), shall, so far may be apply.]
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1. Inserted by Punjab Act No. 23 of 1950.
2. Existing provision of Section 34 renumbered as sub-section (2) by Punjab Act 23 of 1950.
Section 35 - Application of Chapter II to consolidated holdings
In any estate or group of estates or any part thereof where consolidation of holdings has been effected under this Chapter, the 1[State] Government shall, as soon as may be, take all necessary steps to apply the provisions of Chapter II.
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1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Section 36 - Power to vary or revoke scheme
1[A scheme for the consolidation of holdings confirmed under this Act may, at any time, be varied or revoked by the authority which confirms it subject to any order of the State Government that may be made in relation thereto and subsequent scheme may be prepared, published and confirmed in accordance with the provisions of this Act].
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1. Substituted by Punjab Act 20 of 1953.
Section 37 - Powers of officers to enter upon land for purposes of survey and demarcation
The Consolidation Officer and any person acting under his orders may, in the discharge of any duty under this Act, enter upon and survey land and erect survey marks thereon and demarcate the boundaries thereof and do all other acts necessary for the proper performance of that duty.
Section 38 - Penalty for destruction, injury or removal of survey marks
(1) If any person wilfully destroys or injures or without lawful authority removes a survey mark lawfully erected, he may be ordered by a Consolidation Officer to pay such fine not exceeding fifty rupees for each mark so destroyed, injured or removed, as may, in the opinion of that officer be necessary to defray the expenses of restoring the same and of rewarding the person, if any, who gave information of the destruction, injury or removal.
(2) The imposition of a fine under this section shall not bar a prosecution under section 434 of the Indian Penal Code (XLV of 1860).
Section 39 - Report of destruction or removal or injury to survey mark
Every village officer of an estate shall be legally bound to furnish a Consolidation Officer with information respecting the destruction or removal of, or any injury done to, any survey mark lawfully erected in the estate.
Section 40 - Power of Consolidation Officer or Settlement Officer (Consolidation) to summon persons
(1) A Consolidation Officer or a Settlement Officer (Consolidation) may summon any person whose attendance he considers necessary for the purpose of any business before him as a Consolidation Officer or a Settlement Officer (Consolidation).
(2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his recognised or a legal practitioner.
(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or make statements and to produce such documents and other things relating to any such matter as the Consolidation Officer or the Settlement Officer (Consolidation) may require.
1[(4) If a person summoned under sub-section (1) fails, without good cause, to attend or to produce any document or other thing which he may be required to produce, he shall be liable, at the discretion of the Consolidation Officer or the Settlement Officer (Consolidation), as the case may be, to a fine which may extend to fifty rupees:
Provided that no such fine shall be imposed on a person unless he was summoned to attend or required to produce any document or other things within the limits of the estate in which he ordinarily resides, holds or cultivates land].
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1. Added by Punjab Act 8 of 1952.
Section 41 - Appointment of officers and staff and delegation of powers
(1) The 1(State] Government may for the administration of this Act, appoint such persons as it think fit, and may by notification delegate any of its powers or functions under this Act to any of its officers either by name or designation.
(2) A Consolidation Officer or a Settlement Officer (Consolidation) may, with the sanction of the [State] Government, delegate any of its powers or functions under this Act to any person in the service of the [State] Government.
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1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Section 42 - Power of [State] Government to call for proceedings
The 1[State] Government may at any time for the purpose of satisfying itself as to the legality or propriety of 2[any order passed, scheme prepared or confirmed or repartition made by any officer under Act], call for and examine the record of any case pending before or disposed of by such officer and may pass order in reference thereto as it thinks fit:
Provided that 3[no order or scheme or repartition shall be varied] or reversed without giving the parties interested notice to appear and opportunity to be heard 4[except in cases where the State Government is satisfied that the proceedings have been vitiated by unlawful consideration].
VALIDATION ACTS
1. Section 6 of Punjab Act No.27 of 1960, read as follows:-
"Validation.--
Notwithstanding anything to the contrary contained in any judgment, decree or order of any court,--
(a) where in any scheme, made before the commencement of this Act, land has been reserved for the panchayat of the village concerned for utilizing the income thereof, or
(b) where before such commencement the State Government or any authority to whom it has delegated its powers has passed an order under section 42 of the principal Act revising or rescinding a scheme prepared or confirmed or repartition made by any officer under that Act,
such reservation of land or such order, as the case may be, shall be deemed to be valid, and any such scheme or order shall not be questioned on the ground that such reservation of land could not be made or, as the case may be, that under section 42 of the principal Act, the State Government or such authority had no power to pass such order."
2. Section 11 of Punjab Act No.25 of 1962 reads as under:
"Validation.-
Notwithstanding anything contained in the principal Act or in any other law for the time being in force or in any judgment, decree or order of any court or other authority, where, at any time before the commencement of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Second Amendment and Validation Act, 1962,--
(a) the State Government or an officer, to whom powers of the State Government under section 42 have been delegated has passed an order against an order of the Assistant Director of Consolidation passed by him under sub-section (4) of section 21 of the principal Act, as a delegate of the State Government, the order under section 42 shall be and shall be deemed always to have been valid and shall not be questioned on the ground that it could not be made under that section against the order of the delegate or the State Government;
(b) any scheme has been confirmed under section 20 of the principal Act without being published under sub-section (2) or section 19 of that Act, such scheme shall, and shall be deemed always to have been, valid and shall not be questioned on the ground that it was not so published."
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1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. Substituted for the words "any order passed by any officer under this Act" by Punjab Act 27 of 1960 and shall always be deemed to have been substituted.
3. Substituted by Punjab Act 27 of 1960 and shall always be deemed to have been substituted.
4. Added by Punjab Act No. 20 of 1953.
Section 42A - Prohibition to partition the land reserved for common purposes
1[Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any judgment, decree, order or decision of any court, or any authority, or any officer, the land reserved for common purposes whether specified in the consolidation scheme or not, shall not be partitioned amongst the proprietors of the village, and it shall be utilized and continue to be utilized for common purposes.]
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1. Inserted by Punjab Act No. 6 of 2007.
Section 43 - Appeal and revision
Expect as provided in this Act no appeal or revision shall lie from any order passed under this Act.
