THE EAST PUNJAB HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948

LDINGS (co PREVENTION OF F RAGMENTATION ATION AND Arrangement of Sections, Sections. CHAPTER I—Preliminary 1. Short title, extent and commencement. 2. Interpretation. CHAPTER 1I—Determination of Standard Areas and Treatment of Fragments Determination of Notified Area. Settlement of Standard. Determination and Settlement of Standard Areas. Transfer and lease of fragments. 3 4 5 6. Entry in the Record of Rights. 7 8. Fragmentation prohibited. 9 Penalty for transfer or partition contrary to provisions of Act. 10. Valuation of fragment. 11. Transfer of fragment. 12. Partition of estate assessed to payment of revenue to Govern- ment or share thereof. 13. Central Government or local authority not to acquire land so | as to leave fragment. CHAPTER I1l—Consolidation of Holdings ! i lication declare rnment may of its own accord or on app 4 or ‘intention ‘or mike scheme for consolidation of holdings. 15. Scheme to provide compensation. ution of land held under occupancy 16. Scheme to provide for distrib seant and landlord. tenure between occupancy t ; ‘ton joint 16-A. Power to make provision in the scheme to partition Jol " Jands and joint occupancy tenancies. ithi consoli- 17. Amalgamation of public roads, etc., within Scheme for * “gation of holdings. 18. Land reserved for common purposes. » L] HOLDINGS (CONSOLIDATi oy ; PREVENTION OF FRAGMENTAT 330 1948: East Pb. Act Sections 19. Publication of draft scheme. 20. Confirmation of Scheme. 21. Repartition. 22. Preparation of record of rights. 23. Rights to possession of new holdings. 23-A, Management and control of lands for common purposes ty vest in Panchayats or Central Government. 24. Coming into force of scheme. 25. Rights of landowners and tenants after consolidation same as_ before. 25-A. Effect of consolidation of holdings on evacuce property, 26. Encumbrances of landowners and tenants. 27. Transfer of rights of landowners in holdings and of tenants in tenancies. 27-A. Decrees for possession of land to be executed against land allotted on repartition. 28. Cost of consolidation proceedings. 29. Recovery of compensation or costs or other sums payable under this Act. ‘ 30. Transfer of property during consolidation proceedings. f 30-A. Prohibition of cutting trees and erecting buildings, etc., during consolidation proceedings. 31. Transfer not affected by Punjab Alienation of Land Act, 1900. 32. Suspension of partitio Nn proceedings during currency of consol dation proceedings, 8 8 y 33. No instrument necessary to effect transfer. 34, 35. Apportionment of compensation or net value in case of dispu!- Application of Chapter IT to consolidated holdings. 36. Power to vary or revoke scheme. CHAPTER IV—Other Powers of Consolidation Officers 37. Power of offi d demarcation. ‘o enter upon land for purposesof survey 3” Hol pre 38. 39. 40. Al. 42. 43. DINGS (CONSOLIDATION AND yvaNTION OF FRAGMENTATION) [1948 :Fast Pp, Act £331 Penalty for destruction, inj survey marks Report of destruction or removal or injury to survey mark, Power of Consolidation Officer lidation) to summon persons or Settlement Officer (Conso- CHAPTER V—General Appointment of officers and staff and delegation of powers Power of Central Government to call for proceedings, - Appeal and Revision. 43-A. Correction of clerical errors. 44, 45. 46. 47. Jurisdiction of Civil Court barred as regards iat : matt under this Act. § atters arising Public servants indemnified for acts done under this Act. Rules. Repeal. The Schedule. y 1948 East : Pb. Act LL] Horpings (CONSOLIDATION 334 AND PREVENTION T PUNJAB DIngg TATION) EAS HOLDI THIND PREVENTION OF ER AGM SOLIDATION ACT, 1943 OMENTATION) (East PUNJAB ACT No, L oF 1948.) ceived the assent of His Excelle [Re of fae on the 7th December. (og. ser emor- in the East Punjab Government G ordinary), of December, 14, 1948.) Ext General SS 1 2 3 4 “Year | No. Short title Whether rep 2aled or otherwise effected by legislation "4948 L. The East Punjab |Amended in part b j [ Holdings (Consolid- n Part sy Panjab Act XXIII of 1950.2 ation and Prevention | Amended in part by the Adaptati f igi@smentation) Laws Order, 1950. aprasion Amended _ in part by the Adaptation of Laws (Third Amendment ) Order, 1951 Amended in part by Punjab Act VIL of 19528 Amended in part by Punjab Act XX of 1953.4 Amended in part by Punjab Acts, XXII5, XXXIX® and XL’ of 1954. Amended in part by Punjab Act VIL of 19553 1For Statement of Objzcts and Reasons, see East Punjab Government Gazette (Extraordinary), 1948, pages 691-602. For the Select Committee Report, see East Punjab Government Gazette (Extraordinary), 1948, Part V, pages 19—32; for Proceedings in the Assembly, seg East Punjab Legislative Assembly Debates, Volume III, 1948, pages 45—58 and 3009—309. j j tte 2For Statement of Objects and Reasons, see East Punjab Government Gazet (Extraordianry), 1950, page 838 ; for Proceedings in the Assembly, see Punjab Legis- lative Assembly Debates, 1950, Volume II, pages (9)106—(9)109. j t Gazette *For Statement of Objects and Reasons, see East Punjab Go vernmen (Extraordinary), dated 10th July, 1952, page 552; for Proceedings i the A aySs see Punjab Legislative Assembly Debates, 1952, Volume Il, _ pages 24) ee and for Proceedings in Council, see Punjab Legislative Council Debates, ’ Tl, pages (16)}4—(16)18. j jab Government Gazette ‘For S bjects and Reasons, see East Punja zatin (Extraordinary), 1953, oases 134.135 ; for Proceedings in the Assembly, see Pun) gislative Assembly Debates, 1953, pages 296—298. ; Gazette (Extra- . ‘For Statement of Objects and Reasons, see oo Ordinary), 1954, page 92. t Gazette (Extra- ona "For Statement of Objects and Reasons, see Punjab Governmen! ‘dinary), 1954, page 828. . ernment Gazette Cntr "For Statement of Objects and Reasons, see Punjab Gov aordi ordinary), 1954, pp. 926(c) and 926(d). Extra *For Statement of Objects and Reasons, see Punjab Governme nt Gazette ordinary), 1955, page 128. | 334 HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) [1948 - East Pp 4. $$$ 1 2 3 : : ———__ i Whether repealed or othery; Year No. Short title affected by legislation —___ 1948 L The East Punjab Hold- Amended by Punjab Act No. 46 of 1956 and ings (Consolidation Fragmentation ) Act, 1948, Prevention of Extended to the territories which immediately before the Ist November’ 1956, were comprised in the State of’ Patiala and East Punjab States Union by Punjab Act No. 5 of 19572 Amended by Punjab Act No. 15 of 1959s Amended by Purjab Act No. 20 of 1959 Amended by Punjab Act No. 12 of 19695 Amended by Punjab Act No. 27 of 19668 Amended by Punjab Act No. 12 of 1969: Amended by Punjab Act No. 25 of 19523 Amended by Punjab Act No. 39 of 19639 Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on Stat2 aad C sncurrent Subjects) Order, 1968. 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] [and for reservation of land for common purposes the assignment or of the village.] It is hereby enacted as follows: CHAPTER I—PRELIMINARY. Short titles extent 1. (J) This Act may be called the East Punjab and Commence- Holdings (Consolidation and Prevention of Fragmen- ment. tation) Act, 1948. (2) It extends to the whole of the *27Union Territory of Chandigarh]. 1For Statement of Objects and Reasons, ordinary), 1956, page 1086. 2For Statement of Obj ordinary), 1957, page 339. 3For Statement of Objects and Reasons, (Extraordinary), 1959, page 366. 4For Statement of Objects and R ordinary), 1958, pages 1478 5For Statement of O ordinary), 1959, page 1940, -79, bjects and Reasons, ®For Statement of Objects and Reasons, ordinary), 1960, pags 248. "For Statement of Objects and Reasons ordinary), 1962, page 510 8For Statement of O ordinary), 1962, page 1616. ®*For Statement of O ordinary), 1963, page 1146. 1°Substituted for the words “+t Laws (Third Amendment) Order, 1951. 11Added and dezmed always to 12Substituted for the see Punjab Government Gazette (Extra- ects and Reasons, sce Punjab Government Gazette (Extra- see Punjab Government Gazette €asons, see Punjab Government Gazette (Extra- see Punjab Government Gazette (Extra see Punjab Government Gazette (Extra- see Punjab Government Gazette (Extra- bjects and Reasons, see Punjab Government Gazette (Extra- bj cets and Reasons, see Punjab Government Gazztte (Extra- he Province of East Punjab” by the Adaptation of have been so added by Punjab Act No. 27 of 196°, . ) words “State of Punjab ” : nisa¢ tion (Chandigarh) (Adaptation of Laws on Stade; Cue! eritighbcts) Rete 1968: | East pb. Act ] HOLDINGS (CONSOLIDATION 335 48 - 19 AND PREVENTION OF FRAGMENTATION) 3) This section shall come into force at once z enaining proven of the Act shall come nite fee ie seh area an Cee date as_ the *[Central Govern- vent may by notification appoint in this behalf, and nirerent dates may be appointed for the coming into , force of different provisions of the Act. — In this Act, unless there is anything r 4 the subject or context,— ything repugnant Interpretation, (a) “Consolidation Officer” means an officer appointed as such under section 14 by the 1/Central Government] and includes any per- son authorised by the ‘[Central Government] to perform all or any of the functions of the Consolidation Officer under this Act ; (b) “Consolidation of Holdings’ means the amal- | amation 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 ; ns any purpose in need, convenience sand include the (bb) “common purpose” mea relation to any common or benefit of the village] following purposes -— (i) extension of the village Abadi; ee * ] (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 OF water-channels; village > bus stands and waiting places; pits , hada roti, public latrines » cre- mation and burial grounds , : Ghar, Janj Ghar, grazing tanning places, mela grounds, pubic places of religious Of charitable natuly > and orders 1950. Substituted for the word “Provincial” by the ‘Adaptation of Laws Orie to have beutserted by Punjab Act, XXII of 1954. This clause shall be de¢ : N So inserted. , “at Act No 27 of 1960. “Added and deemed always to have been ° added, by Punjab = ‘The word “and ” omitted by Punjab Act No. 39 of 1963. Added by ibid. : 336 HOLDINGS (CONSOLIDATION [1948 : fa St Pb, AND PREVENTION Ag OF FRAGMENTATION) i hools and playgrounds, ISPenoa: ey) y hospitals and institutions of like nati, waterworks or tube-wells, Whether «e schools, playgrounds, dispensanit hospitals, institutions, waterwork, tube-wells may be managed and ont trolled by the 1[Central Governmeng} » not; (c) “fragment” means a plot of land of less extent than the appropriate standard area determine 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 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 (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 [Centra] Government] and includes any person authorised by the [Central Government] to perform all or any of the functions of the acttlement Officer (Consolidation) under this Cl ; (@) “standard area” jn Tespect of any class of land means the area wh; Which the *[Central. SO ment] may from time to time determine ut te cetermine Substituted for the words < ; ‘State Goy, ” : reanisatio? Coane) (Adapt of Lave on Saag Yt Puna Reon 1968: East Pb. Act] HoLpinas (CONSOLIDATION 3 37 AND PREVENTION OF FRA GMENTATION) section 5 as the minimum are profitable cultivation in any pa area and includes a standard ar the said section : (j) “sub-division” means a necessary for rticular notified a revised under a part of an state re- L corded as a sub-division, Pati, tarf o Il of in a record -of-rights prepared under aecutaen “8. 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 ay of Hs in the Punjab Land Revenue Act, CHAPTER II—DETERMINATION OF STANDARD AREAS AND ‘TREATMENT OF FRAGMENT. 3. The ‘{Central Government] may, after such Determination of inquiry as it deems fit, specify any estate or sub- division "tied area. of an estate as a notified area for the purposes of this > ‘Chapter of this Act. 4. (1) The {Central Government] may, after such Settlement of stan. inquiry as it deems fit provisionally settle for any class of "~ land in any notified area in the minimum area that can be cultivated profitably as a separate plot. The 4Central Government] shall by notification and {2 dich other manner as may be prescribed publish the minimum areas provisionally settled by it under sub- section (J) and invite objections thereto. ef CON- Determinati 5. (1) The 3[Central Government] shall, aft a sidering the objections, if any, received within three months 7 es ‘fication under sub- of the date of publication of the notific Se) end Taking | Section of section 4 in the estate conce : ‘ such futher inauiey as it may deem fit, determing the Standard area for each class of land in such noti ime, if .. _(2) The {Central Government] may, a ard area it deems it expedient so to do, revise 4 ision shall be ‘termined under sub-section(/). Such A and sub-section Made in the manner laid down in section ) of section 5. ction Wa ” jab ‘Substi “State Government” by the Punje order, 1968. (Chandi 1) ‘(Adaptation of Laws on State and Concurrent Subjec ) : Entry in the record-of-rights. Transfer and lease of fragments. 338 HOLDINGS (CONSOLIDATION [1948 : East py, A AND PREVENTION eth, OF FRAGMENTATION) 3) The Central Government] shall, by Notificgs: and Ook other manner as may be prescribed, lve ube notice of any standard area determined under Sub-secti,. (1) or revised under sub-section(2) . q 6. (J) 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 Tecord, of-rights. (2) Notice of every entry made under Sub-section({) Shall be given in the prescribed manner. 7. (1) No person shall transfer any fragement 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 reconginsed sub-division of a survey number. . . (2) Notwithstanding anything contained in the Punjab x; Tenancy Act, 1887, no such fragment Shall be leased to any person other than a person cultivating any land which is contiguous to the fragment. Fragmontation 8. No land in any notified area shall be transferred Prohibted. <4° or partitioned so as to create a fragment. Penalty for transfer 9. The transfer or partition of any land contrary to Or partition con- trary to provisions the provisions of this Act, shall be void. of Act. Valuation of frag ment. Transfer of frag. 11. The owner r ment, 10. 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 Survery numbers determine the market price, and such determination Shall be final and conclusive for the purposes of this chapter. eferred to in the preceding section shall in the first instance offer the fragment for sale to the owners of cognised sub-divisions “[Government] for the py 3 on pay: ment by the *[Govern Purpose of the 3[State] to persons possessing j determine, and thereu tely in the *[Government of ‘[State] free from aj] encumbrarcest® purpose a : ‘Substituted for the words “State Gov. ” : organisatio® webs forthe weed 328,08 Ss and Conceace eee, Sea ae *Substituted for the aah sawn" by the Adaptation of Laws Order. 1 4“ ‘ if. 1950 Province'- by the Adaptation of Laws Ore 1948 Fast Pb. Act L.] Hotpings (CONSOLIDA . AND PREVENTION eon 339 OF FRAGMENTATION) 12. When 1 yor under section 54 of the Code of Civi vil Pr ocedure, 1908, assessed to Payment for the partition of an undivide ayment o are to the NGoversment Tred tO the Goverment” fied area for which standard areas have b ] in any noti- separation of share whe separate possession of a share of een fixed, for the such partition of separation shall b such an estate, no create a one ee e€ made so as to 13. Notwithstanding anythi ; . law for the time being in Force See auained IN any “Central Govern- by the *[Central Government] or any local thority x authority ott sold at any sale held un der the orders of aut Ority OF acquire land so as to leave 7 fragment. any court so as ‘sve fragment. (2) If any land acquired by the 2[C or any local authority is in excess UF Ts edu rent shall be offered for sale in the first instance to the owne 3 of contiguous survey numbers or recognised sub-divisions of survey numbers at pri ; . ° under sub-section(/). Price” at whtes, atwale Beguine’ CHAPTER Iil—ConsoLpaATION OF HOLDINGs 14.(7) With the object of consolidating holdings in Goverment ma any estate or group of estates or any part thereof for the ofits own accord or on application de- purpose of better cultivation of lands therein, the ctareits ” intenti to make scheme {Central Government] may of its own motion or on appli- cation made in this behalf declare by notification and by aa publication in the prescribed manner in the estate or estates a concerned its intention to make a scheme for the consolida- tion of holdings in such estate or estates or part thereof as may be specified. (2) On such publication in the estate concerned the 1 Consolidation Central Government] may appoint a he prescribed manner Officer who shall after obtaining int f the estate or estates con- the advice of the landowners © cerned, %[and of the non-proprietors and the Gram Pan- chayat, if any, constituted in such estate or estates under the Gram’ Panchayat Act, No. IV of 1953], prepale © Scheme for the consolidation of holdin gs in such estate or e. ‘states or part thereof as the case May D*-_ Substituted fi , ‘6 99 ‘ f Law : or the word “Crown” by Adaptation 0 (Chan ubstituted for the words “State Gvernment** by the Puna ligath) (Adaptation of Laws n State an! Concarrent Subjecie “Inserted by East Punjab Idings Consoldiation y unjab Holding Cr Panjab A ct, nd Prevention 0 . II of 1955) tati ®) Amendment and Validation) Aas yy nus: jer th ction 3 of Punjab Aci VII of 1955, Fea < Unus ." ‘dation under the ) -agg 2—-No Scieme of Consolidt io? mentation) “Validation of certain din g proceedings :— 0 East Punjab Holding ( atina aad Prevention round that the Act, 1948, shall b> den valid merely 02 Fre cot sa obtained advice of non-properietors and Gram Panchayee " commencement of during any Consolidation proceedings before _ 24a Scheme to provide compensation. Occupancy = 340 HOLDINGS CONSOLIDATION [1948 : East pp, Acty. AND PREVENTION L, OF FRAGMENTATION) 11(3) Where a notification under sub-section (1) been ne in respect of a group of estates and the hola” is situtated in more tian one estate in the Sroup, ther nowithstanding anything contained in the Punjab Lang ‘n, Revenue Act, 1887, the scheme prepared by the Consolj. dation Officer may provide for the alteration of boundaries of such estates. ] 15. (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 vale than that of his original holding for the recovery of cOm- pensation from any owner who is allotted a holding of greater market value than that of his original holding. ( 2) * * * 2 * * 16. (1) The scheme prepared by the Consolidation fficer 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 [confirmed] under section 20, the land so allotted to the occupancy tenant and the xi landlord shall, notwithstanding any thing to the contrary i contained in the Punjab Tenancy Act, 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 estinguished. | Power to_make pro- “[16-A. (1) Notwithstanding anything contained in to partition ime Chapter IX of the Punjab Land Revenue Act, 1887, except occupancy Joint section 117 thereof, the scheme prepared by the Consoli- dation 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 (6) the right of such owner or tenant to such share has been established by a decree which is stil ubsisting at the time of preparing the scheme, EI ie off ae *Substituted for the words “Fi nally sanctioned’ : 25 of 1962: “New section 16-A,’ toned’ by Punjab Act No inserted by Punjab Act No. 20 of 1959. g ; East Pb. Act.] HoLbincs (CONSOLIDATion c) a written acknow (Gor exeCute a be ement of such right has the admission or denia] thereek interested in Q hae es scheme is 1{*] confirmed section 20, the land so partitioned shall, notwithstanding he contrar anything to t y contained in a time being In force, be held by each such ae the in full right of ownership or tena enant . r tenancy,-as the case and the rights of other joint-owners or joint-enante in the land shall be deemed to be extinguished.] 17. (J) Whenever in preparin consolidation of holdings, if appears to conse. for the public rot Pd it 1 10N within scheme for Officer that 1t 1s necessary to amalgament any road, street, Somslidation of lane, path, channel, drain, tank, pasture or other land reserved for common purposes withany 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 (J) shall be publish- edin 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 piss ie thirty days after the publication of the declaration Ni ) ‘dation Officer in writing section (/), state to the Consolt ure of such interested his objection to the proposal, the nat or right and the manner in which it is likely to ye adverse atfected and the amount and the particulars ° } © compensation for such interest or right - count Provided that no claim for compensation OF blic of the extinction or diminution of the right pel, drain, ghway over such road, street, lane, pat’» mon purposes, ek pasture or other land reserved for com | all be entertained. onsideriNg n Officer shall, after core vith (4) The Consolidatio the objections, if any, made to the proposal, St ) No. 25 of 1962. | ‘The words “finally” omitted by Punjab Act j94 342 HoLpincs (CONSOLIDATION [1948 ; Ka St Ph. Actr: AND PREVENTION ctl OF FRAGEMENTATION) such amendments, if any, as he ay Consider nec the Settlement Officer (Consolidation), togethey with 4° Objections received, his recommendations thereon and 5 statement of the amounts of rompensation. if any, Which in his opinion are payable, and of the Persons by whom and the persons to whom such recompensation is payable. The ecision of the Settlement Officer (Consolidation), ON the Proposal and regarding the amount of compensation and the persons by whom such compensation, if any, i, pay. _ able, shall be final. 4 thi tained ; nd reserved for 18. Notwithstan Ing anything containe IN an sommon PUrPOSeS, 7 for the time being in force it shall be lawful fo, the Consolidation Officer to direct— (a) that any land specifically assigned for any com. Mon purpose shall cease to be so_ assigned and to assign any other land in its place CSsar tain range within the *|State] shall be assigned for any common purpose : (c) that if in ally area under consolidation no land is reserved for any common Purpose including extension of the village abadi, or if th Publication of ft scheme. 19, g the objections, if any, re- ceived, submit the Scheme with Such amendments as he considers to be necessary, together With his remarks on the objections, to the Settlemen t Officer (Consolidation). njab Act No, 27 of 3 No, 1960, reads as fol ows :— Validation-— Notwithstanding anything to the contrary contd in any judgment, decree or order ofanycourt:— —- (a) where in any scheme, made before the Commencement of this Act, land has been reserved for the Panchayat of the village concerned for utilis- ing the income thereof, or (6) where before such commecnement to whom it has delegated it the State Government or any authony S Powers has passed on order under secti . tion made b a t Act, . such reservation of land or such Order, as the case may pear under Lpeeae to be valid, and any such Scheme or order Shall not be questioned on the ground that such wer th e tO ’ the case section 42 0 Principal Act, the State Government’ oy such authority Bad mene to pass such ord *Substituted for the word “Province” by the Adaptation of Laws Order, 1950- 948 East Pb. Act L.] Hotpings (CONSOLIDATION 34 AND PREVENTION 3 OF FRAGMENTATION) [(2) OF * 1 »& 4: 31(2) If no objections are received to the d published under sub-section (2) of section. i. ; rat sch ei if no written or oral objections to ‘(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 (J) of section 19 + * & ¥) or if any written or oral objections are received by the Settlement Officer (Consolidation) before the con- firmation of the draft scheme by him, the Settlement Officer (Consolidation) may after taking the objections in to consi- deration together with the remarks thereon of the Consoli- dation Officer and also after considering the written or oral objections, either confirm the scheme with or without modi- fications, or refuse to confirm it. In case of such refusal, the Settlement Officer (Consolidation) shall return the draft scheme, with such direction as may be necessary, to the Consolidation Officer, for reconsideration and resubmis- Sion. ] | . (4) Upon the confirmation of the scheme under su section (2) oF (3), the scheme as confirmed shall be published in the prescribed manner in the estate or estates concerned. 1Omitted by Punjab Act No. 25 of 1962. i — *Substituted for the words “State Government” by the Punieerder, 19 8. (Chandigarh) (Adaptation of Laws on State and Concurrent Subjec > Substituted by Punjab Act No. 12 of 1962. * sublished ‘Substituted for the words ‘sorto the amended draft scheme p . 962- eer sub-section (2) of that section’? by Punjab ee 5a. i . “Substituted for the words “any such s¢ ne. published he nder <,, SUbstituted for the words “or to the amended ora id. ' Sib-section (2) of that section (2) of that section “py ibid”. ‘Substituted for the words “any such scheme “by } Repartition. ing the advice of the landowners of the estate , 344 HOLDINGS (CONSOLIDATION [1948 : East Pb. ety AND PREVENTION OF FRAGMENTATION) 21. (J) The Consolidation Officer shall afte; Obtain, . re concerned, carry out repartition in accordance with scheme of consolidation of holdings confirmed under ea,” tion 20, and the boundaries of the holdings as demarcate Shall be shown on the shajra which shall be publisheq in the prescribed manner in the estate or estates concerned. (2) Any person aggrieved by the repartition 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. 7 (3) Any person aggrieved by the order of the Consoji. dation 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. | “[(4) Any person aggrieved by the order of the Settle- ment Officer (Consolidation) under sub-section (3), whether made before or after ~he commencement of the East Punjab Holdings (Consolidation and Prevention of Fragmen- tation) Second Amendment and Validation Act, 1962, may, within sixty days of that order, appeal to the Assistant Director of Consolidation. May file (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? [Central Government] or any officer to whom the powers of the? [Central Government] in this behalf have been delegated, shall be decided by the Assistant Director of Consolidation. - (6) The appellate ay under sub-section (3) or s period of limitation the appellant was pr the appeal in time. thority may entertain an appeal ub-section ary that Prescribed therein if it is satisfied t _ Wubstituted for existing sub-section (4) by Punjab Act 25 of 1962. *Substituted for the word . b Re isati : S “State Government’? by the Pusja jreat Organisation (Chandigarh d : nt’? tne é Concu subjects) Ordes 1968. © ) (Adaptation — of Laws on State’ an vil of 1887. XVII of 1887. 1948 : East Pb. Act. L.] HoLpings (CONSOLIDATION 345 AND PREVENTION OF FRAGMENTATION) (7) The *[Central Government lent] may by notificat; appoint any person to be an Assistant Dj 5 of Conseth dation to exercise the powers under thi ion in Tespect of such area as may be specified in such notif ication. ] 22. (J) The Consolidation repared a new record-of-rights i provisions contained in Chapter IV of the Revenue Act, 1887, in so far as applicable, for the area under co to the repartition *[and orders j under the preceding section. Punjab Land these provisions may be nsolidation, giving effect n respect thereof made] (2) Such record-of-right shall be deemed to have been prepared under section 32 of the Punjab Land Revenue Act, 1887. Officer shall Cause to be Preparation Im accordance with the crd-of-rights. of re- 23. (1) If all the owners and tenants affected by [the oo fo aessession repartitions, as Carried out under sub-section(/) 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) If all the owners and tenant as aforesaid do not agree to enter into possession under sub-section (/), they shall be entitled to possession of the holdings and tenancies, ined by . allotted to them from such date as may be determined the Consolidation Officer and published in the prescribed manner in the estate or estates concerned ; and the Consoli- dation Officer shall, if necessary, put them pivtlsd, possession of the holding to winch weey are 30 may exer. including standing crops, if. any, and for he Punjab Land cise the powers of a Revenue Officer under the Punj Revenue Act, 1887.] | i hich (3) If there are standing crops on any holding ro n. Possession has been given under sub-sectie: ne srovided ication Officer shall determine in Ti ble in respect of Under this Act ] the compensation paya } Pe —_—_—,__ isation ” unjab Reorganisa ‘Substituted for the words “State Government” by tp “subje a (Chandicarh) (Adatation of Laws on State and nS a py Punjab *Substituted for the words “‘as finally s | lidation "Substituted for the words “the scheme of conso ’ "Partition as finally confirmed” by ibid: ned cmannen”* BY punjab 19s, ‘Substituted Tor the words “in the prescribed 1962, -’ 346 HOLDINGS (CONSOLIDATION [1948 : East Pb, Act.) AND PREVENTION OF FRAGMENTATON) such crops by the person put in POSSESSION, Who g all, With, in six months of the date of Possession, may Pay such compensation to the person or persons from whom, sion was transferred, and in case of default such ¢ . Mpen. sation shall be recoverable from him as an arrear of land revenue. | 4) lfany person from whom compensation is able in the seem fails within 15 days of the commence. ment of the agricultural year referred to In sub-section (2) to deposit such compensation in the prescribed Manner. ; 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. a : r €COVer. Management and "[23-A. As soon as a Scheme comes into force, the Control of Jands for ; to vest in pancha- for yatsor Centra] Government. clause (iv) of clause (bb) of Section 2 in respect of which the management and control are to be exercised by the. *[Central] Government], shall vest in the °[Centra] Government]: and any other common purpose, shall vest In the panchayat of that village : and the 2{Centra] Government] Or the panchayat,as the case may be, shall be entitled to ap Propriate 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 a ‘ : Provided that in the case of land assigned or reserved or the extension of village abadi or manure pits for the Proprietors and non i f the Village, such land Shall vest in the Proprietors ictor ‘Substituted by Punjab Act No. 39 of 196 *Substituted for the words « (Chandigarh) (Adaptation 3. State Government” j eorganisation of Laws on State and Ge by the Punjab R. Ucurrent Subjects) Order, 1968. jg48 ; East Pb. Act. L] HoLpings (CONSOLIDATion 347 AND PREVENTION OF FRAGMENTATION) 24. [(1) AS soon as the P€TSON entitled to + this Act have entered ; Pee SON OF Coming into force Jdings under . Ted Into possessio of scheme. holdings, respectively allotted to them the scheme shot rhe ed to have come into force and the possess; crottees affected by the scheme of consolidation oe case may be, by repartition, shall remain undisturbed y a fresh scheme 1s brought into force or 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) 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 sub- section (J). | | 25. A land-owner or a tenant Shall subject to the Rights of land provisions of °[sections 16 and 16A] have the same right one como in the land allotted to him in pursuance of the scheme same as before. of consolidation as he had in his original holding or tenancy, as the case may be. *[25-A. (J) If in pursuance of a scheme for consolida- Effect of consolida- tion of holdings any land which is evacuee property within gvacuee Property. 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 the coming into force of the scheme, be deemed to be evacuee property declared as Such within the meaning of the said Act and ne Original evacuee land shall, asfrom suchdate, be deeme 'o have ceased to be evacuee property. | | d has been (2) If a displaced person to whom any lan | leased or allotted by the Custodian under the Cone nvab ivblished by the notification of the Govern 91S or 4892-S, day’? Department of Rehabilitation No. 4891- land : ther Jan “ated the 8th July, 1949, has been allotted some omer to have been so subst Substituted by Punjab Act No. 46 of 1956 and shall be deemed ™Uted from December, 27, 1954. “New Sub-section (2) added by ibid. Section substituted for the word and figure “‘section 16” by Punjab Act No. 20 of 1959, ‘New Section 25-A inserted by Punjab Act XL of 1954. 348 HOLDINGS [CONSOLIDATION (1968 - East pp, Act AND PREVENTION ; OF FRAGMENTATION) in lieu thereof in pursuance of any scheme, for Consol: tion of holdings, then such other land shall be deemed have been leased or allotted, as the care may be, to such displaced person under the aforesaid conditions withj, the meaning of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954). (3) In this section, the expressions ‘Custodian’ , ‘displaced persons’ have the meaning , 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) } Encumbrances of jand- owners tenants. and 26. (J) If the holding of a land-owner of 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 ce is transferred under sub-section (/) * Is of less market value than the Original holding from which it is transferred, the lessee, mortgagee or othet 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 cas may be, the tenant as the Consolidation Officer ™ determine. | lessee or any Mortg to possession, in possesgj : tenaney ° part of the holding on of the holding or age or tenancy to which his lease, Mle"), or other encumbrance ha undef su ° S ni section (J), been transferred ) 68: Fast Pb. ActL.] HoLDINGs (CONSOLIDATION AND PREVENTION 349 OF FRAGMENTATION) 7. Notwithstanding anything conta; P unjab Land evens Act 1887, and the Punts Ta the Transfer of rights tact, 1887; the rights and liabilities of land-owners enancy of atd-ownen ts holdings and of tenants in their tenancies shall 7 their tenants in eno ncie! urpose of giving effect to any scheme of consolidate” affecting them, be transferable by exchange or oth ation and neither the landlord nor tenant nor any other erwise shall be entitled to obejct or interfere with an e erson made for the said purpose. y transfer 19 1[27-A. Notwithstanding anything c i the Code of Civil Procedure, 1908, or amy sther lew fan sion, Of and OSSes- the time being in force, no decree for possession of land °<ut4 against against a judgement debtor, whose land has been included remariton ™ in a scheme for consolidation of holdings shall be exec- | uted except after repartition *[and orders in respect there of under section 21 and against a land allotted to him is pursuance of such repartition and orders.] 28. (1) The cost of consolidation proceedings shall cost of consolida- be assessed in the prescribed manner. tion proceedings, (2) The cost of consolidation proceedings shall be recovered from the persons whose holdings are affected by the scheme of consolidation. r costs under Compensation or : costs or other sums his Act payable under this Act. 29. Compensation under section 15 0 section 28 or any other sums due payable under t shall be recoverable as an arrear of land revenue. ‘ 1 Transfer of property er sub-section (Z) of during consolidation 30. After a notification und : Section 14 has issued and during the pendency Of the proceedings. consolidation proceedings no land owner OF tenant having a tight of occupancy upon whom the scheme we the binding Shall have power without the sanction O 2 ith Onsolidati r ot otherwise deal w! dation Officer to transfe her tenancy so any portion of his original holding or ot ant S to affect the rights of any other land-ownet me of aving a right of occupancy therein under (e onsolidation. —_____ _— _ jon 4. "New section 27 A inserted by Punjab Act No. 20 of 1959, sectto 1 and *Su bet; section 2 against a petuted forthe words ‘‘as finally c onfirmed under by punjab Act : tion” OY No.25 of [9p allowed to him in. putsuance of such repartitto 8 “s ’ 350 HOLDINGS (CONSOLIDATION [1948 - East pp. , OF ( AND PREVENTION Acty, OF FRAGMENTATION) Prohibition of cutt- *[30-A. (J) After a notification under Sub-s ic ing trees and erect. ; ‘ &Ction ae of section 14 has issued ae curing the pende cy \) ing buildings etc, idati dings no land owner upon wh d i consolidation proceeding . om proceedings, 10 scheme-will be binding shall have power without the sant tionof the Consolidation Officer to cut trees from, ang Cregt buildings or other structures upon, any portion of hig Original holdings included in the scheme. of Sub (2) If any person contravenes the provisions scction (1) he shall, on conviction, be punishable With fing Which may extend to five hundred rupees, (3) An offence under this section shall be Congnizable and bailable. (4) If any building or other structure is contravention of the provisions of sub-section (1) and the land-owner 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 compensa- tion, vest in the new land-owner who enters into possession of that holding as a result of repartition. ] erected jp Transfer not_affect- 31. Notwithstanding anythin ed by Punjab Alienation of Land 3 Of the “Punjab Alienation of Land of Act, 1900. of land b i sonrof part : er sub-section (J) tion prossatines Of section 14 has issued i ; » NO proceedings under Chapter during currency of [X of the Punjab Land R consolidation pro- ceedivgs any estate or a sub-divisi need , and where such proceedings poe _ommenced before the issue of the notification they shall remain in abeyance, durin g the pendency of the consolidation Proceedings.] No _ instrument 33. Notwithstandin necessary to effect for e e e law : . ~~, Ng anything contained in any transfer. the time being In force— (a) no instrument In Order to give Carrying out any scheme of consolidation ° holdings, anq In writing shall be necessaty ; n effect to a transfer involved of ee *New section 30 A inserted by Punjab Act No. 12 of 1960, section 2. “Repealed by Adaptation of Laws (Third Amendment) Order, 1951. *Substituted for section 32 by Punjab Act No. 20 of 1959, section 5. r os pb. Act L.] HOLDINGS (CONSOLIDATION 35] 196 AND PREVENTION OF FRAGMENTATION) b) no instrument, if executed shall require regi tion. quire registra- 134. (1) The amount of compensation payable un this Act shall be assessed, so far as practicable, in aa compensation or ance with the provisions of sub-section (/) of section 23 ane in case of j of of the La nd Acquisition Act, 1894]. 94. ge ; " 2(2) Where there is dispute in respect of the apportion- ment of — gq) 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 Consoli- dation 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, shall, so far as may be lof 1894, apply. Application of oup of estates or any part Chapter II to con- f holdings has been effected solidated holdings. ] shall, as the 35. In any estate or gf thereof where consolidation 0 under this Chapter, the *[Central Government soon as may be, take all necessary steps to apply provisions of Chapter II. 4136. A scheme for the consolidation of holdings oxo to vary oF confirmed under this Act may, at any time, be varied or revoked by the authority which confirms 1t subject to any order of the ®[Central Government] that may be made , in Telation thereto and a subsequent scheme may be pre- pared, published and confirmed in accordance with the Provisions of this Act.] Unserted by Punjab Act, XXIII of 1950, section 4. XXIII *Existing provision of section 34 renumbered as sub-section (2) of 1950, section 4. ab Reorganisation ts), Order, 1968. _ by Punjab Act, i$ b I “ec $? Punj (Chand? eostituted for the words “State Government by the ru 'andigarh) (Adaptation of Laws on State and Concurrent Subjec ‘Substituted by Punjab Act XX of 1953, section 3. ~~ 1948 : East 352 HOLDINGS (CONSOLIDATION [ St Ph, Acty. AND PREVENTION OF FRAGMENTATION) 4 —OTHER POWERS OF CONSOLIDA rg CHAPTER IV eowens N Powers of officers 37. The Consolidation Officer and any Person Acting to enter upon land der hi ders may, in the discharge of any duty Und for purposes of UNder his or or ° d survey land and Crect ot Survey and demarca- this Act, enter upon and survey ; SUrvey tion, marks thereon and demarcate the boundaries thereof and do all other acts necessary for the proper performance of that duty. - (J) If any person wilfully destroys or injures 0; tom injury withont ha authority removes a survey mark, lawfully marks. SY erected. he may be ordered by a Consolidation Office 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 restor- ing 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 xi Penal Code. Report of destruc. 39. Ever tion or removal or injury to survey bound to furnish a Consolidation Officer marks, respecting the destruction or remo Pe om 40. (7) A Consolidation Officer or a Settlement Off- Settlement Officer Cer (Consolidation) ma (Consolidation) to dance he considers nece summon persons. : : (2) A person so summ oned shall be bound to appeat at the time and place menti Oned in the summons in person or if the summons so allows, by hi 43 y his recognised agent or a legal practitioner, ) | . Fast Pb. Act L.] HOLDINGS (CONSOLIDATION 353 1948 AND PREVENTION OF FRAGMENTATION) (4) If a person summoned under sub-section [(¢ ) od cause, to attend or to produce any joo wit thing which he may be required to produc h oral be liable, at the discretion of the Consolidation Officer shal Settlement Officer (Consolidation), as the case ma be, to 2 fine which may extend to fifty rupees - 4 a " * provided that no such fine shall be imposed on a per- unless he was summoned to attend or required to pro- document or other thing within the limits of the which he ordinarily resides, holds or cultivates son duce any estate 1n d. land. CHAPTER V—General 41. (/) The TCentral Government] may for the Appointment _ of administration of this Act appoint such persons as it thinks oo aeleeation ot fit, and may by notification delegate of its powers or func- Powers. ~ tions under this Act to any of its officers either by name or designation. (2) A Consolidation Officer or a Settlement Officer 5 (Consolidation) may, with the sanction of the ?[Central Government], delegate any of its powers or functions under this Act to any person in the service of the 2[Central Government]. | 342, The 2[Central Government] may at any time for Powers of *[Central the purpose of satisfying itself as to the legality or propriety Government co can of ‘lany order passed, scheme prepared or confirmed or repartition made by any Officer under this Act,] call for and examine the record of any case pending before or disposed of by such officer and may pass such order 10 reference thereto as it thinks fit : | 1Added by Punjab Act No. VIII of 1952, section 2. rnment” by the Punjab Reorganisation *Substituted for the words “State Gove , Gand ear) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968. stio Adapt bie ion 6 of Punjab Act No. 27 of 1960 reads as follows: contained in any hing to the contrary ment of this Act illage concerned ; iud Validation—Notwithstandi ng anyt gement decree of order of any court, (a) where in any scheme made land has been reserved for the panic for utilising the income thereof, or (6) where before such commencement | 5s authority to whom it has delegated its powers has Pan" ascinding @ under seclion 42 of the principal Act revisits ‘1 any officer aoe prepared or confirmed or repartition made jot Suc under that Act emed to be vanytesetvation of mere dich order as the case may be shall ° on nd that Such rand any such scheme or order shall not be questioned ny Stctignetvation ofland could not be made Or, as the case aithority ha OWer tone the principal Act the State Government or suc act” bY 4 ASS su 7 , Punjab ubstituted for the words “any order passed by any officer ae thpstituted. St No. 27 of 1960. and shall be deemed always to have before the commence hayat of the V nment or any the State Gover an order 354 HOLDINGS (CONSOLIDATION: [1948 ; East pp, A AND PREVENTION v* Acty. OF FRAGMENTATION) Provided that '[no order, scheme or repartition Sh be varied] or reversed without giving the parties interes notice to appear and opportunity to be heard exc ‘i ed cases where the 3[Central Government] is Satisfied { the e - hat proceedings have been vitiated by unlawful] Consideration Appeal and Re. 43. Except as provided in this Act no a Ppeal or reyj. “tston. sion shall lie from any order passed under this Act. Correction of *[43-A. Clerical or arithmetical mistakes in a SCheme clerical errors. made, or an order passed by any officer, under this Act arising from any accidental slip or omission may at an time be corrected by the authority concerned either of its Own motion or on the application of any of the parties]. Court tase ‘i “ 44. No civil court shall] entertain any suit instituted regards matters or application made, to obtain a decision or order in respect arising under this Ace of any matter which the *[Central Government] or any Officer is, by this Act, empowered to determine, decide, or dispose of. Public __ servants 45. No suit or other le indemnified for acts — gal proceedings shall be main- done under this Act. ined in respect of the exercise of any powers or discretion conferred by this ct » OF against any public Servant or pet- son duly appointed or authorised under this Act) in respect of anything in good faith done Or purporting to be done under the provisions thereof or the rules made thereunder. ee 'Substituted for Words ‘‘State Government by the Punjab Reorganisation {handiearh) (Adaptation of Laws on State and Concurrent Subjects) Order, ‘Substituted for the words “no order shall ied” jab Act No. 27 of 1960, and shall be deemed always to have been 50 pa held Punj “Inserted by Punjab Act xx of 1953, section 4, *New section 43 A ins; ted by Punjab Act No. 20 of 1959, section 6. 48: East Pb. Act L.] HoLpincs (CONSOLID : ATIO AND PREVENTION —N 395 OF FRAGMENTATION) , (1) The [Central Government] may b ‘ cation make rules *[for carrying oyt the purpo st ota Rules Act. | 2) In particular and without Prejudice tot of the foregoing power, the Central Gove he 8enerality make rules providing for— tment] may (a) the manner of publication under sub-section (2) of section 4, sub-section (J) of section 14 sub- sections (7) and (2) of secti : lon 19, sub-secti of section 20 and sub-section (1) of section 31 (b) the manner of giving public notice under sub- section (3) of section 5 : (c) the manner of giving notice under sub-section (2) of section 6 ; (d) the procedure to be followed in the of the scheme under sub- (e) the manner in which th under section 18 and ¢ preparation J section (2) of section 14: € area is to be reserved he manner in which it is to be dealt with and also the Manner in which the village abadi is to be given to proprietors and non-proprietors (including scheduled castes, Sikh backward classes, artisans and labourers) on payment of compensation or otherwise : (f) the manner in which compensation recoverable from any person under sub-section (3) of section 23 shall be deposited by him : “[(ff) the fees to be paid in respect of appeals and applications made under this Act, the docu- ments which shall accompany such appeals 7“ applications and the period within which appli- Cations shall be filed]; (g) the guidance of the Consolidation Officer or Tespect of the transfer of a lease, ye g — Other encumbrance under section ; 1 : tab Reorganisation (Changs Ubstituted for the words ‘‘State Government” by the Punja : Order, 1968, Sath)Adaptati and Concurrent Subjects) 1, dated Sth Dear OF Tues, See Rast Pures Government notification No. 10954-D0)/ 1070-71, a8 Mbsequember. » 1949, East Punjab Government Gazette, 1949, PartI, PP. ayutly amended 4 New cla Clause (ff), inserted by Punjab Act No. 20 of 1959, section 7. os 356 HOLDINGS (CONSOLIDATION [1948 ; East Ph. Ag, : AND PREVENTION ‘ OF FRAGMENTATION) h) the manner in which the area ASSessment (: ( ding water-rate, if any), of each reconsijt holding and tenancy shall be determineg . ‘ed (7) the appointment of guardians ad litem fo, Minors. ’ (j) generally for the guidance of the Consolidat; » * Officer and other officers and persons in an proceedings under this Act ; and (kK) any other matter which is to be or may be Dres. cribed. (3) All rules made under this section shall be subject to the condition of previous publication. 47. The enactments mentioned in the schedule are hereby repealed. THE SCHEDULE (See Section 47) Enactments Repealed Year No. Short title 1936... IV The Punjab Consolidation of Holdings Act, 1936. 1940 .. IX The Punjab Consolidation of Holdings (Amendment) Act, 1940. 1945 .. II The Punjab Consolidation of Holdings (Amendment) Act, 1945.