(CONSOLIDATION
AND PREVENTION OF FRAGMENTATION) ACT , 1948
Contents
1THE EAST PUNJABHOLDINGS OF (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948
EAST PUNJAB ACT NO. 50 OF 1943
(1For statement of objects and Reasons
see East Punjab Government Gazette (Extraordinary), 1949 pages 601-602. For the
Select Committee Report, see East Punjab Government Gazette (Extraordinary).
1948, Part V pages 19-32; for proceedings in the Assembly, see East Punjab
Legislative Assembly Debate, Volume III 1948, pages 45-58 and
300-309).
[Received the assent of His Excellency the Governor
General of India on the 7th December, 1948, and first published in the East
Punjab Government Gazette (Extraordinary) , of December 14,
1948].
|
1 |
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|
YEAR |
NO. |
Short title |
Whether repealed or other wise affected by
legislation |
|
1948 |
50 |
The East Punjab Holding Consolidation and
prevention of fragmentation Act, 1948. |
Amended by Punjab act 33 of
19502 Amended by the Adaptation of Laws Order, 1950
Amended by the Adaptation of Laws (third
Amendment) Order, 1951 Amended by Punjab ACT 8 of
19523 Amended by Punjab Act 20 of
19534 Amended by Punjab Act 225-
396 and 407 of 1934. Amended in part by Punjab act
of 1955.8 |
(2For Statement of
objects and Reasons, see East Punjab Government Gazette (Extraordinary), 1950,
page 838; for proceedings in the Assembly, see Punjab Legislative Assembly
Debates 1950, Volume II, pages (9) 106-(9) 109).
(3For Statement of
Objects and the Reasons, see East Punjab Government Gazette (Extraordinary),
dated 10th July, 1952, Pages 552; For the proceedings in the Assembly, see
Punjab Legislative Assembly Debates 1952, Volume II, pages (24) 63-(24) 82; and
the proceedings in the Council, see Punjab Legislative Council Debates 1952,
Volume II, pages 16 (4) - (16) 18.)
(4For Statement of
Objects and Reasons, see East Punjab Government Gazette (Extraordinary), 1953
pages 134-35; for Proceedings in the Assembly, see Punjab Legislative Assembly
Debates, 1953, Pages 296-98.)
(5For Statement of
objects and Reasons, see Punjab Government Gazette (Extraordinary), 1954 page
92).
(6For Statement of
objects and Reasons, see Punjab Government Gazette (Extraordinary), 1954, page
828.)
(7For Statement of
objects and Reasons, see Punjab Government Gazette (Extraordinary), 1954, pp.
926(c) and 926 (d).)
(8For statement of
Objects and Reasons, Punjab Government Gazette (Extraordinary), 1955, page
128.)
|
1 |
2 |
3 |
4 |
|
YEAR |
NO. |
Short title |
Whether repealed or other wise affected by
legislation |
|
1948 |
50 |
The East Punjab Holding (Consolidation and
prevention of fragmentation) Act, 1948. |
Amended by Punjab Act No.46 of
19561 Extended to the territories which immediately
before the 1st November 1956. were comprised in the State of Patiala and
East of Punjab States Union by Punjab Act no.5 of
19572 Amended by Punjab ACT No. 15 of
19593 Amended by Punjab Act No. 20 of
19594 Amended by Punjab Act No. 12 of
19635 Amended by Punjab Act No. 27 of
1960.6 Amended by Punjab Act No. 12 of
19627 Amended by Punjab Act No. 25 of
19628 Amended by Punjab Act No. 39 of
19639 Amended by Punjab Act No. 9 of
196910 |
((1For
Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),1956, page
1086).
(2For Statement of
Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1957 , page 339).
(3For Statement of
Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1959, page 366).
(4For Statement of
Objects and Reasons, see Punjab Government Gazette (Extraordinary),1958, page
1478-79)
(5For Statement of
Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1959 page 1940).
(6For Statement of
Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1960, page 248).
(7For Statement of
Objects and Reasons, see Punjab Government Gazette (Extraordinary),1962 page
510).
(8For Statement of
Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1962, page
1616).
(9For Statement of
Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1963, page
1146).
(10For Statement
of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1969 page
422).
An Act to provided for the compulsory consolidation
of agricultural holdings and for preventing the fragmentation of agricultural
holdings in 11[the State of Punjab] 12[and for the
assignment or reservation of land for common purposes of the
village].
((11Substituted for the words "the
Province of East Punjab " by the Adaptation of Laws (Third Amendment) order,
1951).
(12 Added and deemed always to have been
so added by Punjab Act No. 27 of 1960).
PRELIMINARY
1.
Short title, extent and commencement:
(1) This act may be called the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948.
(2)
It extends to whole of
the 1[State] of 2[Punjab].
(3)
This section shall
come into force at once and the remaining provisions of the act shall come into
force in such area and from such dates as the 1[state] Government may
by notification appoint in his behalf the different dates may be appointed for
the coming into force of different provisions of the Act.
2/3 2.
In this Act, unless there is anything repugnant in the subject or
context,-
(a)
'Consolidation Officer" means an officer appointed as such under section
14 by the 1[State] Government and includes any person authorized by
the 1[State] Government perform are all any of the functions of the
consolidation officer under this Act;
(b) "Consolidation of Holdings " means the amalgamation and the redistribution of all or any of lands in an estate so as to reduce the number of plots in the holdings;
(1Substituted for the word " Province "
by the Adaptation of Laws order, 1950.
3Section 4 of the Punjab Act no. 39 of 1963, reads as
follows: -
"Validation.- Notwithstanding any thing contained in the Principle Act
or in any other law for the time being in force in any judgment, decree or order
of any court or other authority, where in any scheme made at any time before the
commencement of this Act, land has been assumed or reserved for common purpose
referred to in sub-clause (iii) or sub-clause (iv)of clause (bb) of section 2
the principle Act, as amended by this Act, the assignment or reservation of such
land for such purpose shall be, and shall be deemed always to have been, valid
and no such scheme shall be questioned on the ground that such land could not be
assigned or reserved for such
purpose in such scheme".
3Section 2 of Punjab Act No. 9 of 1939, reads as
follows; -
"Validation. - Notwithstanding any thing contained
in any judgment, decree or order of any court or other authority to the contrary
where in any scheme made at any time before the commencement of this validation
Act, land has been assigned or reserved for a common purpose as define in the
clauses (bb) of East Punjab Holdings (Consolidation and Prevention of
Fragmentation) Act, 1948, in accordance with the executive instructions issued
by the Government from time to time such as scheme shall be, and shall be deemed
always to have been, valid and no such scheme shall be questioned merely on the
ground that the scale for such assignment or reservation had not been laid down
by rules farmed under the said Act''.
1[(bb)
"Common purpose" means any purpose in relation to any common need
convenience or benefit of the village];
(1Insrted by Punjab Act 22
of 1954. This clause shall be deemed always to have been to inserted)
.
2[
and including the following purposes:
(i)
extension of the village Abadi; 3[*].
(ii) Providing income for the Panchayat of the village concerned for the benefit of the village community].
(2Added and
deemed always to have been so added by Punjab Act No. 27 of
1960).
(3 The word "and"
omitted and shall be deemed always to have been omitted by Punjab Act No. 39 of
1963, section 2).
4[(iii) Village roads and paths;
village drains village wells; ponds or tanks; village water-course or water
channels; village bus stands and waiting places; manure pits; hada rori; public
latrines; cremation and burial grounds, Panchayat Ghar; Janj Ghar; grazing
grounds; tanning places of religious or charitable nature;
and
(4Added
and shall be deemed always to have been added by Punjab Act No. 39 of 1963,
section 2).
(iv) Schools and play
grounds; dispensaries, hospitals and institutions of like nature, waterworks or
tube-wells whether such schools, playgrounds, dispensaries, hospitals
institutions, waterworks or tube-wells may be managed and controlled by the
State Government or not].
(c)
"fragment" means a plot of land
of less extent than the appropriate standard area determined 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
diluvion;
(d) "Land " means which is not occupied as the site of any
building in the town or village and is occupied or let for agricultural purposes
or for purposes subservient
to agriculture, or a 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
unlamented land the lawful occupant and when such land has been mortgaged ,
owner means the mortgagor; in the case of alienated land, owner means the
superior holder;
(g)
"Prescribed " means prescribed
by rules made under this Act;
(h)
"Settlement officer (Consolidation)' means an officer appointed as such under
section20 by 1[State] Government and includes any person authorized
by the 1[State] Government to perform all or any of the functions of
the settlement Officer (Consolidation)
under this Act.
(i) "
Standard area": in respect of any class of land means the area
which the 1[State] Government may from the time to time determine
under section 5 as the minimum area necessary for the profitable cultivation in
any particular notified area and includes a standard area revised under the said
section';
( j) "sub-division"
means apart on estate recorded as Sub-division, pati , tarf or pana in a record of
rights prepared under section 31 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 them
in the Punjab Land Revenue Act, 1887.
DETERMINATION OF STANDARD AREAS AND TREATMENT OF FRAGMENTS
3.
Determination of notified areas - The
1[State] Government may, after such inquiry as it deems fit specify
any estate or sub-division of an estate as a notified area for the purposes of
this chapter of this Act.
((1substituted for the word
"provincial" by the Adaptation of Laws Order, 1950).
4.
Settlement of standard areas:
(1) The
1[state] Government may, after such inquiry as it deems fit,
provisionally settle for any class of land in any notified area the minimum area
that can be cultivated profitably as a separate plot,
(2) The 1[State] Government shall by notification and in such other manner as may be prescribed publish the minimum areas provisionally settled by it under sub-section (1) and invite objection thereto.
5. Determination and revision of standard areas:
(1) The
1[State] Government shall after considering the objections, if any
received within three months of the date publication of the notification under
sub-section (2) of section 4 in the estate concerned and making such further
inquiry as it may deem fit, determine the standard area for each class of land
is such notified area.
(2) The
1[State] government may, at any time, if it deems it expedient so to
do, revise a standard area determined under sub-section (1) such revision shall
be made in the manner laid down in section 4 and sub-section (1) of section
5.
(3) The
1[state] Government shall by notification and in such other manner as
may be prescribed, give public notice of any standard area determined under
sub-section (1) or revised under sub-section (2).
6. Entry in the record-of-rights:
(1) 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 record of
rights.
(2)
Notice of every entry
made under sub-section (1) shall be given in the prescribed
manner.
(2) Notwithstanding
anything contained in the Punjab Tenancy act, 1887 no such fragments shall be
leased to any person other than a person cultivating and land, which is
contiguous to the Fragment.
XVI of
1887
(1Substituted for the word "Provincial "
by the Adaptation of Laws Order , 1950).
8. Fragmentation prohibited:
No land in any notified area shall be
transferred or partitioned so as to create fragment.
9. Penalty for transfer partition contrary to provisions of Act: The
Transfer of partition of any land contrary to the provisions of this Act shall
be void.
(1Substituted for the word "Crown" by
the Adaptation of Laws order, 1950).
(2Susbstituted for the word "Province " by the
Adaptation of Laws order, 1950).
12. Partition of estate assessed to payment of revenue to Government or
separation of share thereof - When a
decree is transferred is to the Collector under section 54 of the code of Civil
Procedure, 1908, for the partition of an undivided estate assessed to the
payment of revenue to the 1[Government] in any notified area for
which standard areas have been fixed, or for the separate possession of the
share of such an estate, on such partition or separation shall be made so as to
create a fragment.
13. State Government or local authority not acquire land so as to leave
fragment: Notwithstanding any thing contained
in any law for the time, being in force no land shall be acquired by the
1[State] Government or any local authority or sold at any sale held
under the orders of any court so as to leave a fragment.
(1)
If any land acquired by the 1[state]
Government or any local authority is in excess of its requirements, it shall be
offered for the sale in the first instance to the owners of the contiguous
survey numbers or the recognized sub-divisions of survey numbers at the price at
which it was acquired under sub-section (1).
CONSOLIDATION OF HOLDINGS
14. Government may of its own accord or on application declare its
intention to make scheme for consolidation of holdings - (1) With the
object of consolidating holdings in any estate or group of estates or any part
thereof for the purpose of better cultivation of lands therein the
1[State] Government may of its own motion or on application made in
this behalf declare by the notification and by publication in the prescribed
manner in the estate or estates concerned its intention to make a scheme for the
consolidation of holdings in such estate or estates or part thereof as may be specified
.
(2) On such Publication in the estate concerned the 1[State] Government may appoint a Consolidation officer who shall after obtaining in the prescribed manner the advice of landowners of the estate or estates concerned 2[and of the non-proprietors and the Gram Panchayat, if any, constituted in such estate or estates under the Gram Panchayat Act [No. IV of 1953] prepare a scheme for the consolidation of holdings in such estates or estates or part thereof as the case may be.
(1Substituted for the word "Provincial"
by the Adaptation of Laws orders, 1950).
(2Inserted by the east Punjab Holdings
(Consolidation and Prevention of Fragmentation ) , (Amendment and validation)
Act , 1955 (Punjab Act , 7 of
1955).
Section 3 of Punjab Act 7 of 1955, reads thus
:-
"Validation of certain proceedings:- No scheme of
Consolidation under the East Punjab Holdings (consolidation and Prevention of
Fragmentation) Act, 1948 shall be deemed to be invalid merely on the ground that
the advice of non-Proprietors and Gram Panchayat was not so obtained during any
consolidation proceedings before the commencement of this
Act''.
1[(3)
Where a notification under Sub-section (1) has been made in respect of a group
of estates and the holdings is situated in more than one estate in the group,
then notwithstanding any thing contained in the Punjab land Revenue Act. 1887,
the scheme prepared by the Consolidation Officer may provided for the alteration
of the boundaries of such estates.]
(1New sub-section (3) added by Punjab Act
No. 15 Of 1959) .
15. Scheme to provide compensation: (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 value than of
his original holding for the recovery of compensation from any owner who is
allotted a holding of greater market value than that of his original
holding.
(2) *
*
*
*
2
*
*
*
*
(2 Sub section (2) of Sec.
15, omitted by Punjab Act No. 23 of 1960, section 2).
16. Occupancy Tenancies:
(1) The scheme prepared by the consolidation
Officer, 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 3[confirmed] under section 20 the land so allotted to the
occupancy tenant and the landlord shall, notwithstanding any thing to the
contrary contained in the Punjab Tenancy Act, 1887, or in any other law for the
time being in the 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 extinguished.
(3 Substituted
for the words "finally sanctioned” by Punjab Act no. 23 of 1962, section 2).
4[16-A Power to make Provision in the scheme to partition joints lands and join occupancy tenancies:
(4New
Section 16-A, inserted by Punjab Act no. 20 of 1959).
(1) Notwithstanding
any thing contained in chapter IX of the Punjab Land Revenue Act1887, expect
section 117 thereof the scheme prepared by the Consolidation Officer may Provide
for the partition of land between joints 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
(b) the right of owner or tenant to such a share has been established by a decree which is still subsisting at the time of preparing the scheme , or
(c) a written
acknowledgement of such right has been executed by all persons interested in the
admission of denial thereof.
(2) When the scheme
is 1[*] confirmed under section 20, the land so partitioned shall
notwithstanding any thing to the contrary contained in any law for the time
being in force, be held by each such owners or tenants in full right of
ownership or tenancy, as the case may be and the rights of other joint owners or
joint tenants, in the land shall be deemed to be extinguished.
(1The word “finally’ omitted by Punjab Act No. 25
of 1962, section 3.)
17. Amalgamation of public roads etc. within scheme for consolidation
of holdings - (1) Whenever in preparing a
scheme for the consolidation of holdings, it appears to the Consolidation
Officer that it is necessary to amalgamate any road, street, lane, path,
channel, drain, tank, pasture or other land reserved for common purposes with
any 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 (1) shall be published in the estate concerned in the prescribed
manner along with the draft scheme refereed 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
within thirty days after the publication of the declaration under Sub-section
(1), State to the consolidation Officer in writing his objection to the
proposal, the nature of such interest or right and the manner in which it is
likely to be adversely affected and the amount and the particulars of his claim
to compensation for such interest
or right;
Provided that no claim for compensation on account
of extinction or diminution of the right of public highway, over such road,
street, lane, path channel, drain, tank, pasture or other land reserved for
common purposes shall be entertained.
(4) The Consolidation Officer shall, after considering the objections, if any, made to the proposal, submit it with such amendments, if any, as he may consider necessary, to the settlement officer (Consolidation) together with the objections received, his recommendation thereon and a statement of the amounts of compensation, if any, which in his opinion are payable, and of the persons by whom and the persons to whom such re-compensation is payable. The decision of the Settlement Officer (Consolidation), on the proposal and regarding the amount of compensation and persons by whom such compensation if any is Payable, shall be final.