The Punjab Thur and Sem Lands (Reclamation) Act, 1963

[1963 : Pb. Act 25 THUR AND SEM LANDS 201 (RECLAMATION) THE PUNJAB THUR AND SEM LANDS (RECLAMATION) o "ACT, 1963 [PuniAB AcT 25 oF 1963] ARRANGEMENT OF SECTIONS Sections. ~ w o s o W o Shortuitle. Definitions. Authority (o eater upon lands, Procedure for declaring reclaimable areas. Power to enter. clc., on lands in reclaimable areas and payment of compensation for damage. Preparation of reclamation schemes. 7. Execution of reclamation schemes. 11 12. 13. 15. 16. 7. 18. 19. 20. 21. Application for procuring temporary occupation of lands for purposes of reclamation. Temporary occupation to be procured under Land Acquisition Act, 1894. Restaration of land. Liability of owners of land for cost of reclamation. Recovery of cost of reclamation. Right of occupiers to recover expenses from owners. . Permission to increase rent on account of reclamation. Power (0 use force etc. Delegation. Certain pawers under Central Act 8 of 1873 10 be exercised by Director. Persons acting under the Act 10 be public servanis, Protection of acts done in good faith. Bar of jurisdiction of civil courts. Power 10 make rules. [1963 : Pb. Act 25 THUR AND SEM LANDS 203 (RECLAMATION) 'THE PUNJAB THUR AND SEM LANDS (RECLAMATION) ACT, 1963. (Punias Act No. 25 oF 1963) [Received the assent of the President of India on the 30th May, 1963 and Sfirst published for general information in the Punjab Governmeni Gazette (Extraordinary), Legislative Supplement, Part 1 of 12th June, 1963.] 1 2 . 3 4 Year No. Short title Whether scpealed or other- wise affecied by legislation 1963 25 The Punjab Thur Amended by the Haryana and Sern Lands' Adapration of Laws (State (Rectamation) Act, and Concurrenmt Subjecis) 1963 Order, 1968* - : AN Act to provide for the reclamation of lands affected by tin and sem . Be it enacted by the Legislature of the State of Punja.b in the Fourteenth Year of the Republic of India as follows :— 1. This Act may be called the Punjab Thfir and Sem Lands Shon title. {Reclamation ) Act, 1963. 2. Inthis Act, unless the coniext otherwise requires, — Definitions. (a) “Director” means an officer appointed, by notification, by the State Government to exercise the powers and to perform the functions of the Director under this Act ; (b) “Land Reclamation Officer” means an Officer appointed, by notification, by the State Government to exercise the powers and to perform the functions of a Land Reclamation Officer under this Act in a canal division or a number of canal divisions ; 1. For Statcment of Objects and Reasons, see Punjub Government Gazette (Exiraordinary}), 1962, pages 1594-95. 2. See Harvana Govermment Gazette (Extraodinary), daied the 29th October, 1968. Authority to enter upon lands. Procedure for declaring reclaimable areas. 204 THUR AND SEM LANDS [1963 : Pb. Act 25 (RECLAMATION) (c) “owner of land” includes the accupier thereof ; (d) “reclaimable area” means any area notified under sub-section {6)of section 4; (e) “reclamation” means taking of such measures as may be considered necessary by the Direcior for treatment of thur and sem lands with a view to making them fit for normal cropping; (f} “prescribed” means prescribed by rules made under this Act (g) “thurand sem land” means any land affected or rendered unfit for cultivation by accumulation of salinity, alkalinity or waterlogging ; and (h) any other expression used and not defined in this Act shall have Lhe same meaning as is assigned to it in the Northern India Canal and Drainage Act, 1873. 3. The Director orthe Land Reclamation Officer or any other person authorised by them in writing may enter upon any land for the purpose of cartying out preliminary survey to ascertain whether it should be includedin a relcaimable area. : 4. (1) TheState Government may, by notification, declare its intention of notifying any thur and sem land to be areclaimable area for the purposes of reclamation. . . {2) Any personinterested in the land notified under sub-section (1) may, within thirty days from the date of publication of the notification, object to the inclusion of the fand or any portion thereof in the reclaimable area. (3) Every objection under sub-section (2) shall be made in writing to the Land Reclamation Officer who shall give to the objector an opportunity of being heard and shall, after hearing all such objections, and after making such further enquiry as he may think necessary, submit the case to the Director, toghether with the record of the proceedings held by him and a report containing his recommendations on the objections. (4) TheDirector shall express his views on the case and forward it tothe State Government for its decision. 1963 : Pb. Act 25] THUR AND SEM LANDS 205 (RECLAMATION) (5) The State Government afier considering the objections, if any, the report of Land Reclamation Officer and the views of the Director shall decide as to the Jand to be notified as reclaimable area and such decision of the State Government shall be final. (6) After decision under sub-section (5), the State Gavernment may issue a final notification of the reclaimable area for the purposes of Teclamation. (7) The final notification referred to in sub-section (6) shall be conclusive evidence of the matters stated therein and shall not be liable to be called in question in any court or before any authority. 5. (1) Atany time after the issue of the final notification under section 4, the Land Rectamation Officer or any other person acting under his general or special order may enter upon any land in the reclaimable area and may :— (a) undenake surveys and levels thereon : {b) dig and bore into the sub-soil ; (c) make and set up suitable landmark, level marks and watergauges ; and (d} dowatering, levelling and ploughing orother acts necessary for the purposes of preparation of the reclamation scheme ; Provided that such officer or person shall not enter into any building orenclosed court or garden attached to a dwelling- house (unless with the consent of the occupier thereof) without giving to the occupier thereof at least seven days’ notice in writing of his intention to do so. (2) TheLandReclamation Officer shall, before the preparation of the reclamation scheme, tender compensation for any damage to crops or property which may be occasioned by any proceeding under this section, and in case such compensation is not accepted on the ground of inadequacy, the Land Reclamation Officer shall refer the matter to the Collector whose decision oun such reference shall be final Power w0 enter, elc., on lands in reclaimable areas and payment of compensation for damage. Preparation of reclama- tion schemes. Execution of reclamation schemes. 206 THUR AND SEM LANDS {1963 : Pb. Act 25 (RECLAMATION) Provided that no such decision shall be made by the Collector without affording an opportunity of being heard to the person concerned. 6. (1) Within sixty days of the issue of the final notification under section 4, the Director shall prepare a reclamation shceme for the reclaimable area which may include all or any of the following measures— (a} increase or decrease of water allowance ; (b) prohibition of growing any crop, following of a specified Crop patterm or crop rotation ; {c) application of any type and quantity of manure, whether green, artificial or farm yard ; (d) construction of any field or drainage work; (e) layout of the fields and following of specified methods of cultivation, sowing and irigation ; and {f) suchother measures as may be considered necessary. (2) Thereclamation scheme prepared under sub-section (£} shall be published by the Director in such manner as may be prescribed. 7. (1) TheLand Reclamation Officer shall in form in the prescribed manner every owner of land in the reclaimable area about the reclamation scheme thereof. (2) Every owner of land in the reclaimable area to whom information under sub-section (/) has been furnished shall be bound to carry out at his own cost within the specified period which shall not be less than ane year the reclamation scheme and the directions issued from time to time by the Land Reclamation Officer with regard to the cxecution of the scheme. N {3) 1If the owner of land uses the water supplied to him for reclamation in any manner other than that specified in the reclamation scheme orincontravention of the directions issued by the Land Reclamation Officer under sitb-section (2) or suffers the water to run lo waste, the water shall be deemed to have been used by such owner of land in an unauthorised manner or to run to waste, as the case may be, and all charge for such unauthorised use or wastage of water shall be recovered from N 1963 : Ph. Act 25] THUR AND SEM LANDS . 207 - (RECLAMATION) him under and in accordance with the provisions of sections 33, 34 and 35 of the Northen Indian Canal and Drainage Act, /873, and the rules made thereunder. 8. Ifthe owner of lund fails to carry out the reclamation scheme or the directions of the Land Reclamation Officer with regard to the execution of the scheme, the Land Reclamation Officer may, with the previous permission in writing of the Director, apply to the Collector for procuring on payment of compensation the temporary occupation of such land for such period not exceeding five years as may be specified in the application. 9. (1) On receipt of an application unde. cection 8, the Collector shall proceed to procure the temporary occupation os the land for the period specified in the application under and in accordance with the provisions of Part VI of the Land Acquisition Act. 1894. (2) The Collector shall then authorise the Director or other person acting under his general or special order to enter upon and take possession of the Jand and the Land Reclamation Officer shall thereafter undertake the proper execittion of the reclamation scheme. 10. On the expiry of the period of temporary occupation of land or on the reclamation of the Jand in accordance with the reclamation scheme, which ever is earlier, the Collector shall, on a report received in that behalf from the Land Reclamation Officer, restore the land to the owner thereof in the manner prescribed. 11. (1) Theexpenditureincurred by the State Government in carrying out reclamation of any reclaimable area shall be equitably apportioned by the Director among the several owners of land and persons having interest in the land comprised in such area and each of such owners and persons shall be Tiable 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 lurnp sum or by annual instalments, and in case of annual instalments he shall fix the amount and number thereof. Application for procuting temporary occupation of Jands for purgoses of reclamation. Temporary occupation 10 be procured under Land Acquisition Act, 1894, Restoration of land. Liability of owners of land for cost of reclamatjon. Recovery of cost of reclamation. Right of occupiers to recover expenses . from owners. Permission 1o increase rent on account of reclamation. Power to use force ete. Delegation. Certain powers under Central Act 8 of 1873 o be exercised by Director. 208 THUR AND SEM LANDS [1963 : Pb. Act 25 {(RECLAMATION) (4) The Director oran Officer authorized by him in writing shall cause to be served upon the owner of and or person having interest in the land, liable to pay the amount apportioned to him under this section, 2 notice of dermand specifying the amount payable by him and the manaer in which and the authority to whomitis to be paid. 12. The cost of reclamation epportioned under section 17 orany portion - thereof which remains unpmd after Ihe due ale shall be recoverable as arrears of lund revenue: i R Provided that the defaulter shall not be Jiable for arrest no his land shall be sold. 13. Where an occupier of any land included in the reclaimable area has incurred any expenditure in the execution of any reclamaticn scheme, he shall be enitled to recover the amount of such expenditure from the owner of the Jand. 14. Nowithstanding anything containedin ahy otherlaw forthe time " beingin force, it shail be lawful for an ownerof fand whosé land s included in the reolaimable ares to enhance the rent payable by a tenant of such land after its rectamation by such amount, in such manner and subject to such conditions as may be prescribed. - 15. Onrepresentation by the Director or the Land Reclamation Officer, 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 that Act. 16. The Director may, with the previous approval of the Stae Government, delegate all or any of his powers under this Act fo the Land Reclamation Officer or the Divisional Canal Officer, or to any other Officer of the Land Reclamation Department, within whose Jjurisdiction the reclaimable area is situated. 17. For the purposes of distribution of water and of carrying out “ reclamation and acts connected there with, the Director and al! persons to whom his powers are delega(ed under section 16 shall exercise the powers of a Divisional Canal Officer or Sub-Divisional Canal Officer ander sections 14, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 304, 30B, 30C, 30D, 30E, 30F, 30G, 32, 33, 34, 35 and 68 of the Northem Indian Canal and Drainage Act, {873 and the rules made thereunder. 1963 : Pb. Act 25] THUR AND SEM LANDS 209 (RECLAMATION) 18. 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 Pena] Code. 19. (1) Nosuit, prosecution or other legal proceeding shall lie against any person deemed to be a public servant under section /8 in respect of anything which is in good faith done or intended to be done in pursuance of this Act orthe rules made theccunder. (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 orintended to be done in pursuance of this Act or the rules made thereunder. 20. Nocivil court shall have any jurisdiction to entertain or decide any question relating to matters falling under that Act. 21. (1) TheState Government may, by notification and after previous publication, make rules for carrying out the purposes of this Act. v . (2) Inparticular, and without prejudice to the generality of the foregoing power, such rules may provide forall orany of the following matters, namely:— (a) the manner in which notifications under section 4 shall be published ; (b) the manner in which the reclamation scheme shall be published ; (c) the mannerin which owrers of land shall be informed under section 7(1) about the reclamation scheme ; (d) themanner in which the Jand shall be restored under section 10 ; (e) the procedure to be adopted for depositing the amount apportioned under section /71 ; (f) the amount up to which, the manner in which and the conditions subject to which the rent may be enhanced under section 14 ; and " (g) any other matter which can be or may be prescribed. Persons acting under the Act o be public servants. Protection of acts done in good faith. Bar of jurisdiction of civil courts. Power to muke rules. 210 THUR AND SEM LANDS (1963 : Pb. Act 25 (RECLAMATION) (3) Every rule made under this section shall be laid as soon as may be after it is made before ![the House] of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is laid or the session immediately following, [the House agrees] in making any modification in the rule or*[the House agrees] that the rule should not be made, the rule shal} there after have effect only in such modified form of be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule. 1. Substituted for the words “each House” by the Haryana Adaptation of Laws Order, 1968. : 2. Substituted for the words “both Houses agrec” by’ ibid.