THE PUNJAB RIVERIAN BOUNDARIES ACT, 1899

1899: Pb. Act I] RIVERAIN ROUNDARTES 18 =~ ? iTHE PUNJAB RIVERAIN BOUNDARIFS ACT.189. FS Puwrsar Act I or 1899. Passed py the Lieutenant-Governor of the Punjab in Council Received the assent of the Lieutenant-Governor on the 17th May, 1889 and that of the Governors General on the 19th June, 1889; and wags first published in the Punjab Government "Gazette of the 8rd August, 1889.], ee ee - iis a 2 | 4 i ‘ Short title | Whether repealed of otherwise affected by legislation ——— —— Year | No, { | yoo .. | 1 | The Punjab Riverain | Extended to the territorries which Boundaries Act, 1899. | immediately before the Ist November 1956 were comprised | ' in the State of Patiala and East Punjab States Union by Punjab { Act 23 of 1957" Amended by the Punjad Reorga- nisation (Chanigarh) (Adaptanen | of Laws on Stare and Cone .ffemt | Subjcets) Order, 1964 a ee An Act to amend the Punjab Land Revenue Act, 1887, and the law relating to the ascertainment and determination, in certain cases, of the boundaries of riverain estates in the Punjab. WHEREAS it is expedient to make better provi- sion for the ascertainment and determination of the boundaries between estates which are subject to, oF liable to be affected by the determination of claims to lands gained by alluvion and to prevent disputes 4s to such boundaries and lands; it is hereby enacted as follows :— 1. (1) This Act) may be called the Punjab Riverain Boundaries Act, 1899. ee 1For Statement of Objects and Reasons, see Punjab Gore ar Pt. V-A, page 20 ; for Report of the Select Committee, see eo , a , pages 1 and 4 ; for Proceedings in Council, see ibid, 169°, G, oe es fe VI, pages 2 to 11. even, pages 1:8 See Punjab Gazette, 1899, Part IV-A, pases *" t G tFor Statement of Objects and Reasons, see Purjab Governmen dzette (Extraurdinary), 1957, page 689. Preamble. Short title, ex- tent and mencement, com- 188 RIVERAIN POUNDARIES [ 1899: Ph, Act} (2) It extends to the whole of Punjab; and (3) It shall come into force at once. Sections ada. 2. After section 101 of the Pu njab Land Revenue 4c, Xe ed after Section ‘ 101 of of India Act, 1887, the following sections Act XVII of namely oe to ° 1887, Power fix boundary pert. ween riverain “101-A. (1) When any two or - gi are € ilmits of estates, subject to river action and any such estates are, by any law, custom, decree or order applicable thereto, liable to vary according as variations may from time to time occur in the course or action of such river, the '[Central Government] may, *[* * * *], order a permanent boundary line to be fixed between any such estates or such portions thereof as are liable to river action. (2) Upon an order being made under sub- section (1), the Collector shall fix a boundary line between such estates or portions of such estates accordinggly, and shall demarcate the same, in accordance with the rules (if any) made under section 100 and the provisions of section 101. (3) Every such boundary line shall be fixed with due regard to the history of the estates, and the interests of the persons respectively owning them or possessing rights therein, in such manner as may be just and equitable in the circumstances of each case. (4) No such boundary line shall be deemed to have been permanently fixed until it has been approved by the Financial Commis- sioner.” ee “101-B. (1) Every boundary line fixed in ac- paneoeas nese cordance with the provisions of — section stat >: pro- ———-— vis0. = . 1Substituted for the words “State Government” by the Punjab Re- organisation (Chandigarh) Adaptation of Laws on State and Concurrent Subjects) Order, 1968. . ; “The words “in its discretion” were omitted by the Government 0 India (Adaptation of Indian Laws) Order, 1937. shall be added. of j4,.!! Oe. 4 1899: Pb, Act I] — riveratn nounparies 189 101-A, shall, notwithstanding any law or custom, or any decree or order of any Court of Law, to the contrary, be the fixed and ‘canstant boundary between the estates affected thereby, and the proprietary and all other rights in every holding, field or other portion of an estate situate on each side of the boundary line so fixed, shall, subject to the following proviso, vest in the land-owners of the estate which lies on that side of the boundary line on which such holding, field or other portion of an estate is situate : Provided that if, by the operation of this sec- tion, the proprietary or any other rights in any land which at the time a boundary line is fixed, is under cultivation or reasonably fit for cultivation or yields any produce of substantial value, would be transferred from the land-owners and other right- holders of any one estate to the land- owners of any other estate, the Collector shall, by written order, direct that the rights in such land shall, subject to the pro- visions of section 101-C and section 101-D, not be so transferred unless and until the land, in respect of which any such order is made, ceases to be reasonably fit for culti- vation, or to yield any produce of substan- tial value, and, upon any such order being made the transfer of the rights in such land shall be suspended accordingly : Provided further that when any portion of the land specified in any such order ceases to be reasonably fit for cultivation or to yield any produce of substantial value, the order shall, when the Collector, in writing, so direct, cease to operate as to that portion. (2) The decision of the Collector as to whether for the purposes of the proviso to sub- section (1) of this section any land is or is: not reasonably fit for cultivation does or Application fo: immediate trans- fer of rights re- served under the proviso to sub- section (1) of section 101-B, upon payment oi compensation and procedure thereupon. Award of compensation and extinguish- ment of rights thereby, 190 “101.C, (d) inform the applicant of the RIVERAIN BOUNDARIES [1899: Pb, Act] does not yield any produce of substantia] value, shall be final.” (1) When any order has been made under the proviso to sub-section (1) of see. tion 101-B, the land-owners (or any of them) in whom, but for such order the rights in the land specified therein, would vest, may apply, in writing, to the Collector to forthwith transfer the rights, the transfer of which has been suspended by such order, upon payment of compensation for the same. (2) When an application under sub-section (1) is made, the Collector shall— (a) fix a day for the hearing of the applica- tion; (b) cause notice of the application, and of the _ day fixed for the hearing thereof, to be . served on, or proclaimed for the infor- mation of, all persons recorded as_hav- ing rights in the land. specified in the order made under the proviso to sub- section (1) of section 101-B, and all other persons interested or claiming to be interested therein: (c) upon the day so fixed for hearing, or any day to which the hearing may be ad- journed, inquire into the rights in the land and award compensation in res- pect of all rights found established therein to the persons severally entitled thereto; aggregate amount of compensation so awarded and required him to deposit the amount with the Collector on or before a day to be fixed by him in that behalf : Provided that, notwithstanding anything in the sub-section contained, it shall be lawful 1889: Ph, », Act I] — RIVERAIN BOUNDARIES 191 a rial fn ae in his discretion, and at ied time before an award of compensation hereon has been made, to reject any appli- eation made under sub-section (1). = 3) In di (3) In awarding compensation under sub- (5) When any order m ane (2), the Collector shall be guided by the provisions of section 23, and section 94 of the Land Acquisition Act, 1894, so far the same may be applicable to circurn- stances of the case. ) Upon the fifteenth day of May, next after the whole amount of compensation $0 awarded has been deposited with the Collector, the order made under the pro- viso to sub-section (J) of section 101-B, shall cease tO operate and the rights specifie therein shall be transferred and vest in the : manner prescribed in sub-section (1) of section 101-B, notwithstanding anything in the proviso ‘thereof contained, and the Collector shall proceed to tender the com- pensation to the persons severally entitled to receive the same under his award. any such person shall refuse to accept the sum sO awarded and tendered to. him, it i ‘+ in the public shall be placed to treasury. ade under the proviso to sub-section ( 1) of section 101-B, shall, under the provisions of sub-section (4) of this section, cease to operate and determine, all rights reserved to any person by such order, shal be extinguished.” “191-D. When any person possessing any rights in any land, in regard to the rights in which an order has been made under the proviso to sub-section (1) of section 101-B,. volun- tarily transfers such rl owner of the which, but for vest under the operation 0 sub- -owners Of Order under the proviso to sub section (1) section 101-B, to cease to apply to rights voluntarily transferred to 2 ghts to any land- jand-owner tat which the land is transferred section (1) fixing poundary. Rights traneferr- ed to be Hable to all the incidents of tenure of the estate to which the transfer {s made, Meaning of the expression collec- tor in sections 101-A, 101.B and 101-C. * Clause added to sub-section tion (2) of Section 158 of India Act, XVII of 1887, Amendment of sections 2 and 3 of Bengal Regu- No. XI of 1825? by alluvion or by the dereliction of a river or the sea) 243 following clause shal] be added, n i 192 RIVERAIN BOUNDARIES [1899: Ph. Act I of section 101-B, the rights so transferred shall forthwith cease to be subject to such order.” “101-E. In every case in which, by the opera- tion of section 101-B, or section 101-C, or section 101-D, proprietary or other rights in land are transferred from the land-owners and other rightholderg of any one estate to the landowners of any other estate, such rights shall be subject to all the incidents of tenure and liabilities, which, under- any law or custom for the time being in force, apply to the rights of the landowners of the estate to which such rights are go transferred.” “101-F. For | the purposes of section 101-A, 101-B, and 101-C, respectively, the expres- sion “Collector” shall be deemed to include any Revenue Officer appointed by the "[Central Government], to perform al] or any of the functions of a Co! llector under any of the provisions, thereof.” 3. After clause (xviii) of Sub-section (2) of see- 158 of the Punjab Land Revenue Act, 1887, the amely : “(xviii-a). Any question connected with or arising out of or relating to any proceedings for the determination of boundaries of estates subject: to river action under sec- tions 101-A, 101-B, 101-C., and 101-D, res. pectively, of Chapter VIII.” 4. (1) In section 2 of the Bengal Regulation (a Regulation for declaring the rules n determining claims to lands gained ‘Substituted for the words “State Government” by the Punjab Re- organisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968. “The Bengal Alluvion and Duluvion Regulation 1825. Act XVI of 1837, Regula- tions XI of 1825, sections 1899: Pb. Act 1] RIVERAIN BOUNDARIES 193 after the words “usage so established shall”, the words following shall be inserted namely :— India he “unless and until a boundary is fixed under the eT. provisions of section 101-A, of the Punjab munjab Land Revenue Act, 1887, as amended by the Act 1 of Punjab Riverain Boundaries Act, 1899.” 1 . (2) In section 3 of the same Regulation, after the word “where” the words following shall be inserted, namely :— India, rt “no boundary has been fixed under the provi- "687: sions of section 101-A of the Punjab Land Revenue Act, 1887, as amended by the punjab Punjab Riverain Boundaries Act, 1699, Aci 1 of 1899. and.”