The Punjab Reclamation of Land Act, 1959

1959 Pb. Act 211 THE PUNJAB RECLAMATION OF LAND ACT, 1959 THE PUNJAB RECLAMATION OF LAND ACT, 1959 ARRANGEMENT OF SECTIONS SECTIONS CONTENTS 697 1. Short title. extent and commencement. 2. Definitions. 3. Interpretation. 4. Authority to enter upon waste lands. 5. Declaration of reclaimable area and powers of the Director with regard thereto. 6. Power to use force etc. 7. Delegation of Powers. 8. Liability of owners for cost of reclamation. 9. Recovery of cost. 10. Persons acting under the Act to be publie servants 11. Bar of suits or legel proceeding. 12. Power to make rules. 13. Repeal. 1959:Pb. Act 21] THE PUNJAB RECL AMATION 699 OF LAND ACT, 1959 THE PUNJAB RECLAMATION OF LAND ACT, 1959 PUNJAB Aст No. 21 OF 1959 [Received the assent of the President of India on the Ist June, 1959 and was first published for general information in the Punjab Government Gazette (Ex- traordinary) dated the 13th June,1959] 1 2 3 Year No. Short title] 1959 21 4 Whether affected by Legislaiton The Punjab Reclamation of Amended by Punjab Land Act, 1959 Act 21 of 19642 An Act to consolida te and amend the law relating to the reclamation of lands in certajn areas. BE it enacted by the Legislature of the State of Punjab in the Tenth Year of the Republic of India as follows:- 1. (1) This Act may be called the Punjab Re- clamation of Land Act, 1959. (2) It extends to the whole of the State of Punjab. (3) It shall come into force at once. 2. In this Act, unless the context otherwise re- quires,- (a) "Preliminary survey" means operations undertaken to ascertain the quality of any land for the purpose of declaring it to be a reclaimable area; (b) "reclamation" means such operations as are considered necessary by the Director to reclaim and cultivate any reclaimable area; 1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, pages 1532-33. 2For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1964, page 389. Short tit le, extent and commence- ment Definitions. I nterpreta- tion. Authority to enter upon waste lands. Declara- tion of re- claimable andarea powers of the Director with regard thereto. Power use etc. to force 700 THE PUNJAB RECLA MATION OF LAND AСT, 1959 [1959 Pb. Act 21 (c) "reclaimable area" means such waste lands and the intervening cultivated lands as the State Government may, by notifica- tion under section 5, declare to be a re- claimable area; (d) "the Director" means the Director of Agri- culture, Punjab; (e) "waste land" means land recorded as Banjar of any kind in revenue records and such Ghairmumkin lands as are reclaimable. 3. The Punjab General Clauses Act, 1898, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act. 4. The Director or any person authorised by him in writing may enter upon any waste land for the pur- pose of carrying out preliminary survey. 5. (1) If the State Government is of opinion that any area comprising waste lands and the intervening cultivated lands is required for reclamation, it may by notification declare such area to be reclaimable area for the purposes of this Act and such notifica- tion shall be conclusive evidence of the matters stated therein, and shall not be liable to be called in question in any court. (2) The Collector of the district in which the re- claimable area is situated shall give publicity to the ! notification issued under sub-section (1) in such manner as he may deem fit. (3) Upon the issue of a notification under sub- section (1) the Collector may, notwithstanding any law to the contrary, authorise the Director to take possession of the whole or any part of the area speci- fied therein for a period not exceeding ten years for the purpose of carrying out reclamation. 6. The Collector may take or cause to be taken such steps or use or cause to be used such force as may in his opinion be reasonably necessary for securing compliance with the provisions of this Act. 1959 Pb. Act 21] THE PUJNAB RECLAMATION OF LAND ACT, 1959 701 Delegation of powers.7. The Director may delegate all or any of his powers and functions under this Act to any officer of the Agriculture Department, Punjab. 8. (1) The total expenditure incurred by the State Government in carrying out reclamation of any reclaim- able area shall be equitably apportioned by the Director between the several owners and persons having interest in the lands comprised in such area and each of such owners and persons shall be liable to pay the amount falling to his share. (2) The amount apportioned under sub-section (1) shall be a charge on the land to which it relates and the apportionment shall not be called in question in any court or before any authority. (3) The Director shall also determine whether the amount apportioned shall be payable in a lump sum or by annual instalments, and in case of annual instal- ments he shall fix the amount and number thereof. 9. (1) The cost of reclamation apportioned under section 8, whether before or after the commence- ment of this Act, shall be recoverable as arrears of land revenue. [XXX] (2) The Collector shall cause to be served upon every person owning or having interest in the land in which reclamation is effected, a notice of demand specifying the amount of cost of reclamation payable by him and the period within which it is to be paid 10. Every person while exercising any power or performing any duty under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860). 11. (1) No suit, prosecution or other legal pro- ceeding shall be instituted against any person for any- thing which is in good faith done or intended to be done under this Act. 1Omitted by Punjab Act 21 of 1964, section 2. Liability of owners for cost of reclamalion. Recovery of cost. Persons acting under the Act to be public servants. Bar suits legal ceedings. of or pro- 702 THE PUNJAB RECLAMATION OF LAND АСT, 1959 [1959:Pb. Act 21 Power to nake rules. Repeal. '(2) No suit or other legal proceeding shall lie against the State Government for any damage caused by anything which is in good faith done or intended to be done under this Act. 12. The State Government may by notification make rules for carrying out the purposes of this Act. 13. The East Punjab Reclamation of Land Act, 1949 (XXII of 1949), and the Pepsu Reclamation of Land Act, 2009 (Act V of 2009 BK), are hereby re- pealed, but notwithstanding such repeal any orders made, any notification issued, anything done, any action taken or any proceedings commenced in exer- cise of the powers conferred by or under the said Acts shall be deemed to have been made, issued, done, taken or commenced in the exercise of powers conferred by or under this Act.