The Punjab Land Improvement Schemes, Act, 1963

1963 : Ph. Act 23] LaND IMPROVEMENT SCHIME Pl THE PUNIAB LAND IMPROVEMENT SCHEMES ACT, 1953 ARRAHNGERENT OF SECIIUNE. CHAPTER | SReTTONG 1. Short title, 2 Dafipilions. CHAFTER [ Momfcanor o Arcas, COkATITTIIoK o Digtarcr LasD IMPEOVEMENT COMMITIER AKD TMAKTNG OF Lanm [xpu0vENENT SteMes, 4 Notiticelions nf areasz, 4. Couslilutlon, ete., of Ihxtiel Land Inprovement Core mittees. 5. Punctions of Déstrice Laad Improvoment Corinittees, 4. Power to chier wpon lands to do eeréwin scts. T Approval and publication nf Schemes. Ohjeetions tn Sehemes, % Eoguiry bato objections and seport. W Sanetioning of final scheme. 11 Publication of fual scheime, L Powree of District Land Tmproveysent Commitiegs make vewulations, CHAPTER ITL EXRCUTION a7 Souears, 15 Soil Consdiwation Officer to sxeeuts the schenia, 14, Power Lo carry the works under the schemes. 15, Puver of Qentre] Government to caxey oul schemges, THAPTER IV Mamvency, Ripse avo Tfsc 0 WoRnR: samkmec i TNMER Sk, 6. Prepavativn of statement, 17 Obligation of persons fo meintain and TEPAIGs wotks. " LARD IMPROVEMERT ScHEME [1963 ° Pb. Act 23 272 SECTIONS 18 Deeision of disputes relating to WHTRE. 1. Awmounls to be recovered CIIAFTIR ¥ ; MECELLAFEIUS. 20, Penzlty, 21, Inguirkez 1o be hold summueily. 29 Permission to incressc rent o accoubl of improve ments offected. 23 Repistrution of doctments, phans or meps in esnoection with zchernes not requleed 24, Power to rovoke schemes, 25, Inspectivn of documentz, obe. md obtaining of eopiss Tholegatian 2% Certain Officers to br public ferrantz Protection of anis done i good fwith, Applicaticn of Punjab Ace 2 of 1500 not Tonrred. Power ba make roles 193 : Ph. Act 23] LANT IMPROVEMENT SCHEME 273 "PHYE PUNTABR LAND [MPROVEMENT SCHEMES ACT, 1963 PUNJAR ACT NO. 23 of 1963 | Received the assent of the President of Indin on the 1k May, 1963, and firsl published for general in- formation in the Punjab Government Gazette (Extroovdinary). Legislative Supptement. Part of afth Mawy, 19631 waellin feeatal or ollienvise e by ylstuion 25 Tl Punab Tond fmprav; | Amcoded by e Faoialy tevrgari T iyt Soheags ace 1463 Eailon (0 handigch {Adimtioe b *of Lows on Stale fod Consurrend Srhpcclsy Onler. (9o £ ! ACT to provide for the wmaking ol creettion of lowed Pw- proverent schemes ineluiding schemey Jor soil CORIETORLT M PTUPetRenl of S0l rezouvces, pres wention or mitigaiion of soil eroston, profection of lend egeiest domege by floods or draeght. form drainage or ether works, incilenal 1o, or connected WA, Suchi PUrIeses. Br it enacted by the Legislature of the State of Funysh i the Fourleenth Yesr of the Republic of India as follows :— CHAPTER 1 PHELIMINAIY 1 This Act may be called the Punjab Land Int gued titte provoment Schemes Act, 1963, ot Stetemeat of Objes’s and Reassny, ip Phpjed Gowermment Guzetty \Enraocdingcy, 1961, pRge 275 274 LAND TMEROVEMENT Scerac [1963 @ ¥b. Act 33 Dofiniticns, 2. Tn Lhis Act, nnless the context otherwise re- guires,— {o} “Depuiy Commissioner” vorans the Ofheet appointed for the time being to be the De- puty Commissioner of a Dutriet and 1n- cludes any other officer sutherised by the ‘[Centrz]l Governmwnd} by notifieation to perform the functions of a Depuky Com- missioner under this Aet and the rules rnade thercunder ; () “Director” means the Officer appointed for the time being to be the Direclor of Agri- calfure, and includes any other officer autharised by the ‘[Central (overnment) by notification to perfurm the functions of the Dhreetar under this Act and the roles made thereunder ; (e) “Distriel Land Improvement Committee™ means 4 Comnities constituted under sec- tinn 4 {d} "Erceion®™ means the removal or displace- mend af earth, slones or olher materials by the action of wind ar water ; () “Enquiry Officer™ means an oflicer of the [Condial Covernment} appointed by a Tisirick Lund Improvement Coownittee under sub-section (3) of section 71 (A} “landewner”™ has the same meanlng =@ ie assigned to it in the Punjab Tand Revenue Art, 1857 ; (gh “nolified area” means sny arer deckared to be a potified ares under section 3 @ (A “preseribed’ mesns presoribed by rules made under this Act ¢ " : Guwernmm® by the Punjab 0 (Chendigarl) (Adupiativo of Toes on Stalo snd Con- ] 1963 ; Pb. Act 23] LAND IMPROVERIENT ECHENE 273 (i) “reclamution”, in relation to land, ineludes making land fit for cultivalion or making any other Improvemnent of land ; (j) “scheme” meats a land impravement scheme made under this Act ; (&) “S0il Conservation Officer” means a Divi- sional Hoil Conservation Officer or an Assistanl Soil Conservation Officer | ap- pointed by the '[Central Government] n respect of a gspecifiod area to perform the Tunetiong of the Hoil Conservation Officer under this Act and the rutes made there- under (1 “wazte land” means any land rendered un- fit for cultivation on acconnt of accurnula- tiom of sand, growth of weeds, soil erosion or any other cause notified by the [Central Government] | {m} “work" means any work of public wtilily construnled. erected or carried out under 2 scheme. CHAPIER I NOTIFICATION Ow ARkas, CONSTITOTION nr Digreier Eaxp InerovemEnT Con- MITIERS AKD MaMTO oF Tann IMPROVEMENT ScHEMES. 8. Whenever it appears to the *[Central Govern- tment] that in any ares compriging the whole or pare of a distyiet it is neecssary to provide for {he making and erecution of lind improvernent schemes includ- ing schemes for seil cunservation, tmprovement of il resources. prevention or mitigation of soll erosion, protection of land againgt darnage by fleods ar draught, farm drainage or other works ineldents] to, OF col- nected with, such purposes, the Stale Government may, by nelification declare such area to be a notitied area for the purposes of this Act, 'Substitled for i words "State Gmermment by the amioh EHeprganealion, (Clandigntly (A4 H [ Law Deorgenioalion, i Ordefi, 19fi3.( apttion of Laws an State abd Cop- WottAration of arcam, Comatiluiiog =l of Ditrict Lend Lraprovemat Cakmemitloey. Nunclioos of Disiriet Lipd Improvement Cemunitiees. 276 _LaNT IMPROVEMENT SCHEME [1963 @ Eh. Act 23 4 (N ln cvery disteiet, the whole or part of which is declared tu be a notified arca, there shall be a committes tn be called the District Land lmprove- men Cominitter eousisting ol the Deputy Commis- sioner, Dislriel Agricultural Ollieer, Soil Conservation Officer, TDivisional Forest Glficer, Chalrman of the Zila Farishad and Chaivman or Chairmen of Panchayat Samili or Panchoyat Samilis of the hlorks which wholly or partly fall within the whole or part of the notified aren : Provided that where mere than one Soil Conser- vation Officers arc posted in a distriel, the Soil Con- servation Officer within whose jurisdiction the bulk of the netified arva is situated shall alone be the member of 1the Distriet Land Improvement Commillee. (2) The Depualy Commissinner shall be the Chair- man of Lhe Nistrict Land Improvement Commiltes and the suil Copservation OfMeer shall be the Seeretary thereof. (%) Three members shall form the quorum for a meetlng of the District Land Toprovement Commiitee. (4} Al quesiions befgre the Distrlet Tand Im- probement Committee shall he decided according to the opinion of the wajeity of the mombers peossnt and voting. In case of eguality of votes, the Chairman shall hawe a zecond or casting vole, 5. () A District Land Imprevement Cornmilles may dircet the preparation of a land improvement - scheme for the whaole or a part of {he notified ares within the district, which may provide for all or any of the fellowing mallers — (i) prevention of erosion of soil (i1) proservalion ond improvement of soil 5 (i) roclamation of waste land ; (") lmprovernent in {he methods of cultivetion including dry farming practices and excen- sion of cultivation ; 1963 : Ph. Aet 23] Lam IMPROVEMENT SCHEME 277 {1} vonstruction of earth and masonry works in fields, pullice and ravines ; {wi} training of streams ; (pi) planting snd preservation of trecs, shrubs and grass on unculiivable land or providing shelter-helts ageinst wind or sand move- ment ; {vitf) vegulation of prohihition of firing of vogeta- tion ; {ir) improvement of watcr-supply {x) farm drainage and other works incidental to, or connecled with, any of Lthe alorcesaid PULTHOZES | (i) any other maiter which may be prescribed {2} On a direction being isaued under sub- section (1), {he Sml Covservalion Officer shall pre- prre in the presciibed monner a dvefl scheme which ammngst other things shall coodsin the following pariiculars: — (i} objects of the scheme ; (#) the houndarics and approvimate aveas of the land to be included in the scheme | (#1) the persomny, including the Government, who will e affected by the scheme ; (in) the works to he carried oot under the scheme | (v} the ageney through which the works shall be earricd ot ;) and (o) such other particulars as may be considered TIeOESEAry, . 6. The Soil Conservation Officer or any other Fower to soter, persan anthorvised in waiting by ‘he District Land Tm- d.o! certuin Beta, provement Coromiites o the Soil Conservation Officer 278 LAND IMPROVEMENT SCHemE [196% ; I'h. Aet 23 may enter upon any land in & notified area for the putpose of sivvey and preparalion of & scheme and do all acts necessary for such purpose and in parti- cular, may— Tl L {@) dig ar bare into the sub-soil ; or (b) take lewels and mark boundaries ; or (¢} place, erect or fix any peg or mark ; or {d) do all other acts necsssary for such purpose. A lmt.i]m “zr V. (N The Soil Conservation (fftcer shall pre- Jare pare ihe draft scheme as reguired by sub-section (2) of sectign ™ and shuil submit the same to the District Land Improvement Committee, which may either approve the draft scheme with ar without moditica- fon or reject it and propare or cause to be prepared another draft scheme. (2) Aitor the drafl scheme is opproved by the Digtrict Tand Improvement Commiftes, it shall he published in Fnghish, Hindi and Punjabi languages in the Official Gazetic and also in the preseribed manner in every village and at the headguarters of the tuhsil and distriet in which the lands ineluded in the scheme are situated, and a copy thereof shall be afffxad in the offices of the Panchayat, Panchayast Samiti and Zila Parishad concerned, (F) As soon as the drafl schems is approved, the Distrie! Land Improvement Comnittee shall, appeint a perenn to be sn Enquiry Officer, gclifg’m“i:“ to 8. The Distriet land Twprovernent Commiltee ) shall simultanecusly with the publication of the draft scheme In the Oficial Gazette require all persons affected by the schemea 1o make, within thirty duys of such publicalions aoy objections to the scheme or part thereaf to the Enquiry Officer either in writing or by appedring personally before hin. Enquint: inde % The Bnquity Officer sBball inguire into the Lt d, W Ry o ; m‘ - objectionsg reecived by hitn and submil them to the 1963 | Pb. Acl 23] LaND \MUROVEMEXT scurwg 270 District Land Improvemsnt Cotunittes together with his report and recommiendalions thereon, ' W, After considering 1he objections and the re- o i port and recommendations of the Enquiry Qfficer "heme. thereon and any further report which the District Land Improvement Commiltes may regquire from him, the Distriet Land Mprovement Comimittee may sanetion the schetne, with or without modification or reject it ; Provided that the District Land Tmprovement Comynittee shall not sanction the scheme if the majority of the owners of the land included in the scheme, glher than the Government, or the oWners, other than the Guvernment, owning in the agpregata more than fifty per centum of the Jand ineluded in the scheme have objucted to the making of the scheme, 11. The scheme as sanetioned under section 10 ruiction of shall be published in the seme manner a5 is provided final schama in sub-section (2) of seetion 7 and on such publication shall be deened {0 be flnal and shall come into force from the date of Such publication in the Official Gazette, 12. For the purpose of carrying out 2 schemie Power of Dis which has come iago force under section 11, the Distrieg st Tmpeove. Land Improvement Comimittes may, with the priot tees to maka approval of the State Govermment, make repulatigns ol TEQUIring sny person or persons or the public geverally o take certaln action or to rofrafn from doing certaily acts in respect of any matter included i the scherne or which may be supplementary or incidental to the scheme. CHAPTER I7 Execorion oF SCHEMes 13 When a seheme comes intn furce ander sec- g frr— tion 11, the Snil Conservation Ofjeer shall proceed io tlan Offeer o exeoute the scheme, Terute the 14, {I) Every landowner affecied by & scheme Power 1o enrry shall, unless e Wimee!f carrics out ihe works sppar- gfi;e‘;";“;‘k’ tioned ta him, be lisble to pav the cost with interest shamn 220 LaND [MPROVEMENT SCHEMF: (L9653 : Pb. Act 23 thereon of such works in proportion to the arca of land owied by him which has been ineluded in the scheme, {2 If any landowner desires to carry out the works himeelf under the technical guidance of the Seil Conecervation Officer, the landewner shall give notice in writing to that effect to the Snil Conservation Officer within thirty dsys of the publication of the scheme in the Official Gazetle under sectivn 11, (3} On Tereipt of such notice the Seil Conservation OMeer shall inform the landewner about the works which are 1o be carried out on his land and shall fix the date before which the landowner shall carry out the works, (£} If the landowner fails to carey oot any of such works to the satisfaction of the Soil Conservation Officer, ox cxpress his inability to do sn in writing, before the date fixed for completion of the works, the Seil Conservation Officer may himsell canse the works to be carrted out and yecover the expenses incurred for the purpose with interest thereon from the Jandow ner in such manner az may be preseribed. an of Hiate 15, Motwithsfanding anything eontained in sec- ouennast 10 tion 14, the '[Central Government] may, in the case carry ouk schamua, Preparetlon of of any stheme which has come into foree under section 11, direct that any work under the scheme may, in public interest, be corried out by the [Central Governmoent] and that the cost of such work with intersat thereon shall he recovered in whole or in part from the landowners in proportion to the ares owned by each landowner which has been included in the scheme. CHAPTER IV RATRTENARCE, KEPATR AND TUER or WORKE CARRIED 0OUT UNDER SCHEMES 16. (1) The Soil Conservation ©ficer shall, on completion of the works wunder a scheme, prepare a 18ubstituted Ear the worda "Slate Government” Ly fie Panfab Recrgamisntlen (Coandlparh) ¢ Adepletion of Lews on Slete and Cone eurrert Subjectd) Crder, 1B4H. 1953 ; Ph, Ack 4] LaND IMPROVEMENT SCHEME p]) slaternonl in Lhe preseribed form giving the following particulars, namely :— {i} name of the landowners, including the Covernment, aod khasra numbens of (the land included in the schemp; {id) the warks carriod out voder ithe scheme together with 2 map therenf; () the total cost of sueh worls; (i) the rate of recovery of cost per acre; {v) the amount te be recovered from the land- owriers, the perlod within which such amount is recoverable and the pumber of instalments of recovery: (1) the worliy which, in the opinion of the Snil Conservalion Gfiicer, should be maintained and repaired by fandowners individually or Jointly and the name of sueh landowrners; and (2ii) snch other matters as may be prescribed, {2} A copy of the statement shall be sent (o the Revenue Department for recovery in the tmanner prescribed. (3} When s statemaent iz prepared under this section, any rights and liabilities shown tharsin shall be entercd in the vecord of rights or where there iz no record of rights in sueh village record and in such manner a5 may be preseribed wnd shall thereupon forrm part of such record of righls or swch village reecord, 19 (1 Every person shown in the Eolement Mhligtion of prepared under section 16 as liable 15 mainlain gnd e o main. v A A L repalr TEpair Iwarks shall maintain it 10 the satisfaciion ol wovis the Soil Conservation Officer and shzll, within such time as the Soil Conservation (MFcer may fix, repair Decision of dis- putes relachg 1a works, Ampunta ta b Ferover e, Fenalty, 282 LAND TMPROVEMENT SCREME [1903 : Ph, Act 32 the. works in his own Jand or in any other land in respeciof which he js shown as liable in that statement. {2) If such perdon fails 1o maintain the works to the satisfuction, of the Soil Conservation Officer or fails o repaic themn within the time fixed by the Soil Conservation Officer under sub-section {1y, the Sail Conservalion Officer shal] Wmgelf maintain the work or gel them repaired and recover the cost thereof with | interest thereon from such person, (3) If the Soil Conservation Officer is of the opinion that an emergency bas arisen and fmmedlate repair of any works referced to in sub-section (J) is necessary in public interest, he shall cause such repaicy to be carried uul and the cost of such repairs with interest thereon sholl bi paid by the landowner or landawners coneerned, 19 The Soil Conservation Officer shall, as soon as practicable, report to the ‘[Central Government) regarding such repairs. 18. Any dispute as tn the exzecution of works under a seheme or the expenses incurred on the works or their maintenance and repair as referred to in section 16 or section 17 shall be decided by the Director whose decision shall he final 1%, All amounis payable fo, or recoverable by, the State (Government or the Seil Conservatlon Dfficer under this Act may be recovered as if they were arrears of land revenue. CHAPTER V MiscerLanmous . Any person, who does any act which causes darosge to any of the works cacried out or maintained under suy schome whirh has cemte into foree under ‘Subabituted for the wolds “Stnle Oovernmens by the Punjat Ttenrganisalion (Cuandlparh) (Adeptation of Laws on Sisbe and [ currenl Bubjects) Order, 1908 EmE : Ph. Act 28] LAND IMEROVEMENT SCHEME 283 section Il shall, on convictien, he punishable with flve which may extend to five hundred rupess. N (1) Any Officer or authority empowered jnoulries fo be under this Act to meke an inguiry shull make the beld saonsdly inguiry in the manmer provided for helding a sammary inquiry under the Punjab Land Revanue Actl, 1887, and all the provisions contained in that Act, relating lo the holding of a summary Mguiry, shall apply to an inquiry tnade under this Act. {2) Such Officer or authority shall have the same powers for summening and enforeing the altendones of any person and exarminity on cath and compelling the prodestion of documents &5 are vested in the Hevernue Officers ander the Punjeb Land Revenue Act, HB8T. 2% MNotwithsianding anything contained in guy Permission —ta othier law for the time baing in fovee, it shall be Taw- e 250 oo ful for a landowner, whese land is included in & pravements scheme, to cnhanee the rent puyable by o tonant of such fand by such amound, in such manner and subjeet io such ronditions as may be prescribed, 28, (1) Nothing in the Indlsn Reglsiraiinn Act, Regisration o 19418, shall be deemed ko vequire the registration of any dicuments, plaos. docement, plan or map prepared, made or s&hctimn(’.d?wfig’\;?mm_ in connection with g scheme which has come into force fi&:&u not re- under section 11 V {2) All such documents, plans and maps shall, for the purposes of sectlong 48 and 49 of the Indian Regis- tration Act, 1908, be deemed to be registered n accordance with the provisions of {hat Act ' 24, Tf the '[Central Government] is satisfied upon wyee by rarope an application made by a District Land Improvement schemes, Comtnittes that it is necessary to revoke a scheme or o part thereof or if the '[Central Government] is satisfied thal & schems or a port {hereof is against public interest, it may, bWy nolilicatlon, revoke {he 'Sutstiluted for the words “Stale Grwernment by the Fugiet Heocganinetion (Chandipurh} (Adapdation of Lases ox Sie's and Com- curzent. Suljects) Ordet, 1996, 284 LAND IMPRGYEMENT SCHEME [1963 : Ph Act 23 scheme or & part theroof, as the case may be, and upon such revoeation, the provisions of (his Act, except section 19, shall eease o apply to such scheme or a part thareof, Inépection of 25 Documents, plans and maps relating to s e iniming of Stheme shall be gpen for public inspection ab the office coples. of every Tahsildar for the area in vespect of which a scheme has been prepared at any time during office houes and cettified copies thersof may be obtained on pavment, of the preseribed (e Delegation. 26, The [Central Government] and, subjeet o the controf of the [Central Government]. the Soil Conegervation Offlecr. may, by notifieatiom, direct that any power enercisable by i or him under thizs Act shall, in relation to sueh malters and subject te such ronditions, if any, as moav be speeificd in the notifica. tinh, be exervisable alse by such Officer or authority subordinate to the '[Central Goverfnent], of the Sail Consorvation Officer, as the case may be, as may be speeified in the notification, Qertain Ofieeth 21, The Svil Congervation Officer, the Enquiry o b pubve Offteer or any olhor OMcer, exarcising any Bower or . verforming any function under thiz Aet, shall be desmed to be a publie servant within the meaning of sertoim 21 of the Indian Penal Code Frotection of 28, No suit, prosecution or ether legal proceeding actii oy shall fic aguinst any person deemed o be a public i goud fulth gpreant under scotion 27 in respect of anything which is in good faith done or intended to he done in pursy- anca of this Act or the rules made {hereunder. Appllention of 2% The provislons of this Act shall be in addition JFuajal At 1% fo, and not in devogation of. the Punjab Lund Preserva- tion Act, 1900, Po]u-r: ta anake 0. () The ‘[Central Governmenl] may, by Talea nolification and after previoug prtilication, make rules for carcying ont the purpose of this Act 1863 ; Ph. Act 33] LarD TMPROVEMERT SCHEME 285 {2) In particeular, and without prejudice to the generality of the foregoing power, such rules may provide g)r all ar any of the following matters, namiely :— (a} the ranner in which the draft fcheme undey section 5 shall be prepared and the other matters and particulars which may be in- - cluded therein; () the manner in which a scheme shall be published under sub-sectlon §2) of section 7; (c) the manner in which the expenses ineurred in carrying out the works under sub- section [4) of section 14 may he recovered; (d) the form im which the statement under seetion 18 chall be prepared and the manner in which ithe amountz mentioned therein may be recovered; (&) the scale of fees for ohtaining certified copies of documents plans and maps relating to a seheme; and (f) all other matters allowed or required by this Agt tu be preseribed, .[—(3}] L] L] * [ ] MRhb-mection (30 eenitted by the Punjsb Reorgenisbon (t}‘f:::d.}g:;ll Aduplaticn of Laws on lhe State o Sooweurlent ubectad