East Punjab Refugees ( Registration of Land Claims) Act 1948

1948 : East Pb. Act XII] REFUGEES (REGISTRATION 175 OF LAND CLAIMS) THE EAST PUNJAB REFUGEES (REGISTRATION OF Sections. — I R n h w i d = AND CLAIMS) ACT, 1948, TABLE OF CONTENTS. Short title and extent. Interpretation. Power to appoint Land Claims Officers. Registration of land claims. Powers. Protection of action taken under this Act. Offences and penalities. Additional penalities. Procedure. Power to make rules. Repeal. 1948: East Pb. Act XII] rReruGEEs (REGISTRATION 177 OF LAND CLAIMs) ‘THE EAST PUNJAB REFUGEES (REGISTRAT LAND CLAIMS) ACT, 1948, TION.OF East Punjas Acr No. XII or 1948, [Received the assent of His Excellency the Governor on the Lst April , 1948, and was first published in the East Punjab Government Gazette = (Extraordi 1048 (Extraordinary) of 1 2 3 4 Year No. Short title ‘Whether repealed or otherwise affected by legislation 1948 .. | XX East Punjab Refugees | Amended in part by the Adpatation (Registration of Land | of Laws Order, 1950 Claims) Act, 1948 Amended in part by the Adaptation :1)5 siaws (Third Amendment) Order, Amended in part by Punjab Act XIV of 19528 Amended by Punjab Act, XXV of 1964° Amended by the Punjab Reorgani: (Chandigarh) (Adaptation of Laws on ?tgastg and Concurrent Subjects) Order, 1For Statement of Objects and Reasons, see Bast Punjab Government Guetfi% (Bxtraordinary), 1948, page 176; for procesdings in the Asssnbly, see Bast Punja Legislative Assembly Debates, Volume II, 1948, pages 196—207 and 677-78. 2For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated 4th July, 1952, page 512 : for procesdingsinthe Assembly, see Punjab Legislative Assembly Debates, 1952. _ %For Statement of Objscts and Reasons, see Punjab Govornment Gazotte (Bxtra- ordinary), 1964, page 935-37. 3 1948: East Pb. Act X1 REGISTRATION [ f b REFUOGFE l;:.,sAND( CLAIMS) I. is hereby enacted as follows :— hort title, and 1. (/) This Act may be called the East Punjab Re. Short > . i ct, 1948. SRtents fugees ( Registration of Land Claims) A (2) It extends to the whole of [Union Territory of Chandigarh]. Interpretation. 2. In this Act unless there is anything repugnant i, the subject or context ,— “claim” means a statement of loss or damage @ sfllggged lral; a refugee since the 1st day of March, 1947, in respect of his land within tgxe te(rltogy now comprised in the Provinces of [‘Pun_]ab- in Pakistan], North-West Frontier Province, Sind or Baluchistan, or in any State adjacent to t_he_ aforesaid Provinces and acceding to * * 3 x % « Pakistan ; (6) * 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 basture, and inclydes— (i) the sites of bui Idings and other structures on such Jand ; . (%) a share in the profit of an estate or holding ; (fii) any dues or any fixed Percentage of Jand fevenue payaple by an inferior landowner to a superior landowney 3 () a right to Teceive rent 5 and (v) any right of Occupancy, ISubstituteq \— L for the word “Punjab” . e . (Adaptation of | gy on State ang 'éngitufll?g'u‘thgu?.‘ma? ({}mfion (Chandigarh) Jects 3 . 2Substituteq for the S E it ’ Amendment) Order, 1957, words “West Punjab” by e Adaptation of Laws (Third 3The wo, « ini » L Amendumenty' Gy b Dominion of Omitted by the Adaptation of Laws (Third 1948 : East Pb. Act XII] rerugEes (REGISTRATION 179 OF LAND CLAIMS) () “ land -holder” means an owner of land or a XV of tenant having a right of occupancy und 1887. Punjab Tenancy Act, 1887 [ XVI oyf 188’7]rotrh§ vof tenant as defined in section 3 of the Coloniza- 1912. tion of Government Lands Act, 1912 [ Punjab Act V of 1912] and such other holder or grantee of land as may be specified by the '[Central Government] ; (d) “refugee” means a land-holder in the terri- tories now comprised in the Province of *[Punjab in Pakistan], or who or whose ancestor migrated as a colonist 3[from the undivided Punjab] since 1901, to the Provinces of North- West Frontier Province, Sind or Baluchistan or to any State adjacent to any of the aforesaid Provinces and acceding to * * *4 * * +Pakis- tan, and who has since the Ist day of March, 1947, avadoned or been made to abandon his land in the said territories on account of civil distrurbances, or the fear of such disturbances, or the partition of the country ; (e) ““ Registyiny Officer” means a Land Claims Officer or Assistant Land Claims Officers ap- pointed under this Act and includes any Reve- nue Officer as defined in section 6 of the Punjab Land Revenue Act [ Act No. XVII of 1887] KY}[ within the area of his jurisdiction ; and ’ (f) “ prescribed” means prescribed by rules made under this Act ; 5[(g)*“ Deputy Commissioner” me'ns a Deputy Commissioner of the District and includes an Additional Deputy Commissioner or -other officer appointed by the '[Central Government] ISubstituted for the words “State Government ® by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968. *Substituted for the words* West Punjab” by the Adaptation of Laws (Third Amendment) Order, 1951, Substituted for the words “from the Punjab” by the Adaptation of Laws (Third dment) Order, 1951. Am “The words “the Dominion of” omitted by the Adaptation of Laws (Third endment) Order, 1951 “Addod by Punjab Act XIV of 1952, section 2. X TioN [1948 : East pp, 180 REFUGEES (REGngAND CLADS) Act X s istrict or ‘District. erform in any Distric s :geri'eof the functions of a Deputy Commissil:;g;: under this Act.] . istering claims v : Power to appoint 3. For the purpose of registering ¢ 1S under ¢ Olfeers, CRTSA ct the 1[Centra1pGovernment] may, by Notification ‘?l;s ' point one or more Land Claims Officers and Assistan Claims Officers and may specify the local limits of thejr jurisdiction. Regiteration of 4, (I) A refugee may submit to the Registerip, 1 e Officer o(n )the prescgribed form and supported by an aPfig.g davit an application for the registration of his claim jn r,. spect of his land abandoned by him, or which he has beey made to abandon : Provided that a refugee who has previously submitteq a claim under Ordinance VII of 1948, to any other autho- rity competent to register such claim shall not submit ap. other claim in respect of the same land to the Registering Officer. (2) The Registering Officer shall thereupon register his claim. Powers. 5. The Registering Officer shall have all the powers of a Civil Court for the purpose of attesting affidavits under this Act. dcon ren o 6. No suit, prosecution or other legal proceedings this Act, shall lie against the ‘[Central Governmen ] or the Register- ing Officer or any person acting under his directions in re- spect of anythmg done or purporting to have been done in pursuance of this Act. 7. Any person who— Offences and Offeness (@) submits with regard to his claim under this Act any information which ig false ; or (b) being a public servant as defined in section 21 of the Indian Penal Code, 1860 [Act XLV of - 1860] abets the commission of an offonce under 1660 clause (@) above : . i shall be punishable with rigorous imprisonment which may Substituted for the words “State Governmen” jab_ Reorganisation (Chandigarh) (Adaptation oy Laws on State and comr.:’;t ?:bm; Order, 1968. 1948 : East Pb. Act XIL] rerygees (REGISTRATION OF LAND CLAIMs) d to five years or wi Efitt‘fi e y T with fine up to Rs 5,000 or with . (/) Any person who in ini Commissioner has submitted wmtlh:eé)g_gu&nh?:‘ ;ali)r;puty information wlnch'1s false shall in addition to any oteilrg punishment to which he may be liable, be by order in writing of the Deputy Commissioner, disqualified from being allotted any land by the ![Central Government], or, if he has already been allofted Jand by the [Central Govern- ment], such allotment shall be, by order in writing of the Deputy Commissioner cancelled either in whole or in part. (2) Any person aggrieved by an order passed by a Deputy Commissioner under sub-section (1) may, within 181 Addtional Penaltjes, thrity days of the making of the order, appeal against that order to the Financial Commissioner. (3) The order of the Financial Commissioner on such appeal, and subject only to such order, the order of the Deputy Commissioner shall be final and conclusive and shall not be liable to be called in question in any court. 9. (J) All offences under this Act shall be triable by a Y[Judicial Magistrate] of the first class in accordance with the provisions of the Code of Criminal Procedure, 1898 [V of 1898.]. (2) No prosecution for any offence punishable under this Act shail be instituted except on a complaint in writ- ing by the District Magistrate of the district in which that offence was committed. 10. The Y[Central Government] may by notification make such 3rules as appear to it to be necessary or expedient for putting into effect the provisions of this Act. 11. The East Punjab Refugees (Registration of Lan?i Claims) Ordinance No. VII of 1948 is hereby repealed an any rules made, notification issued, anything done, any action taken in exercise of the powers conferred b% or under the said Ordinance shall be deemed to have been made, issued, done or taken in exercise of the powers 90;1(; ferred by, or under this Act as if this Act had come in force on 3rd day of March, 1948. = P -ganisation 1Substituted for the words ‘State Government” by the P.“""ab r%:?rl% ‘a (Chandigarh) (Adaptation of Laws on State and Concurrent Subjocts) o 964, *Substituted for the word ‘““Magistrate” by Punjab Act, Nf[. f 1948, see Bast %For rules framed under the East Punjab Ordinance No. V] 'i)948 "o 295. PUnjab Government Gazette (Eaxtraordinary), dated 20th March, d Procedure. Repeal,