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THE EAST PUNJAB HOLDINGS (CONSOLIDATION A N D


PREVENTION OF FRAGMENTATION) ACT, 1948.
Arrangcmcn t of sections.
Sections.
CHAPTER I- Preliminary.
1. Short tille, extent and comrncncement
In terprewtion.
CHAPTER II - Determifiation of Standard Areas and treatment
of FragrncnL~.
Delermioation of Notified Area.
Senlemeni of Standard.
Delemination md Settlernenl of Standard Area.
Enlry in the Record of Righb.
Transfer and lease of fragments.
Fragmentation prohibited.
Penalty for t~ansferor partition conmary to provisions of Acl.
Valualion of fragment.
Transfer of fragment.
Partition of csatete assessed to payment of revenuc lo Governmenr or separation
of share thereof. .

-
14.
State Govcmment or Iocal authority not 10acquirc land so as lo leave fragment.
-
CHAPTEK I11 Consolichtion of Holdings.
Government may o t i ~ own
s accord or on application declare i ~ intenlion
s to
make scheme for consoIidarion of holding.
Scheme lo provide compensation.
Scheme to provide for distribution of land held under occupancy tenure between
occupancy tcnant and landlord.
Powcr to makc provision in the schcme to partition joint lands and joint
occupancy ~enancics.
Amalgamation of public roads. elc.. within Scheme for consolidation of
holdings.
Land rcscrved for common purposes.
Publicalion of draft schcme.
Confirmation of Schcmc.
Rcpartition.
Preparation of record of rights.
Rights lo possession of new holdings.
Management and conrrol of lands for common purposes lu vest in Panchayats
or Stile Govzrnmcnl.
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Coming into force of scheme.


Righls of landowners and tenants after consolidation same as beforc.
Effect of coasolidation of holdings on evacuee property.
Encumbrances and tenants. I

Transfcr of righu of landowners in holdings and of tenants io tenancies.


Decrees for pssession of lmd to be execuled against land allotted on repmiuon.
Cost of consalidatian proceedings.
Recovery of cornpensadon or costs or oihcr sums payable under his Acl.
Transfer of property during consolidation proceedings.
Prdhibition of cul[i'ng trees and ercclink buildings, etc., during consolidation
proceedings. . ,
Transfer not affecled by Punjab Alienation of Land Act, 1900.
Suspension or parlition proceedings during currency of consolidation
prcrcccdings.
No instrument necessary to effect ~ n nfer.
s
Apportionment of compensation or net value in case of dispute.
Application of Chapter I[ to consolidated holdings.
Power lo vary or revoke scheme. ,

CIIAPTER TV - Other Powers of Consolidation Officers


I
Powm of officers lo enler upon land for purposes of survey and demarcation.
.
Penal& for destruction, injury or removal of survey marks.
.-
Report of destruction or removal or injury to survey mark.
Power orConsoIidalion Ofticeror Settlemenr Officer (Consolidarion) to summdn
persons.
CFIAPTER V- Genctal.
Appoinlmen~of officers md slaff and delegation of powers.
Power of Start:Government to cat1 for proceedings.
Appeal and Revision.
. . -
Correction of clerical erors.
Jurisdiction af Civil Court barred as regards matters arising under this.Ac1.
Public servants indemnified for acts done under this Act.
Rules.
Repeals.
?xUBcHmULE.
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1948 :EASTPB. ACT501 HOLDINGS (CONSOLLDATION AND 173


PREVENTION OFFRAGMENTATION)

'THE EAST PUNJAB HOLDINGS (CONSOLIDATION AND


PREVENTION OF FRAGMENTATION) ACT, 1948.
. ,

EASTPUNJAB A&No. 5 0 0 1948.~


I .. [Received the assent of His Excellency the Governor-General of India
I
on the 7th Decentbet-, 1948, and firsr p~iblislredin the Easr Punjab
Govemmerrr Gazerte (Extraordinary), of Uecsmber, 14, 19483.

Yw No. Short title . Wheher repcaled or otherwise


, .
affcctcd by legislalion
1948 50 The EqPunjab , Amended in part by Punjab Act 2 of 195D2
~ b t d i n ~(Conid-
s Amended in part by the Adaptation of
lidation and Pre- L a w s Order. 1950.
vention of Frag-. Amended in part by h e Adaptation of
menration) Act,, : .ofLaws (Third Amendment) Order, 195 1.
1048. - ,
.>I
,
. Amcndcd in pan by Punjab Act 8 of 1952'
,
Amended in part by Punjab Acr 20 0f1953~
' ~ m c n d e din part by Puajsb Acts 2Z5.39q
., .. , -.
'
'and4070f1954.
. . ..,- - ' ' '--
Amended in part by-Punjab Act 7 01 1955'
I For Statement of Objects &d Reasons, see East Punjab Government Gazene
(Ex lraordinary), 1948, pages 601-602.For the Select Committee Repon,
see East Punjab Governmen1 Gazcne (Eixuaordinary), 1948, Pan 5, pages-
19-32; for Proceedings in rbe Assembly, see East Punjab Legislative
Assembly Dcba~es,,Vojurne 3, 1948, pages 45-58 and 300-309.
2 For Statemeat of Objects and Reasons, $ee East Punjab Government Gazette
. (Exqaordinary), 195.0, pages 838; for proceedings in .the Assembly. see
Punjab Legislative A&mbry Debates, 1950. Volume 2, pages (9)10&49)
109.
3 For Statemknt uf'objecls and Reasons, .Tee East PunjahGovernmen~Gazene
(Extraordinary), dated 10th July, 1952, pages 552; for proceedings in [he
Assembly, see Punjab Legislatiye Assembly Debates, 1952. Volume 2,
pages (24) 63-(24) 82; and for Proceedings in council, see Punjab
Legislative Council Debatcs, 1952, Volume 2, pages (16) 4-(16) 1 8.
4 For Staternenr dr Objects and Reasons, sec East Punjab Government Gazette
(Extraordinary), 1953, pages 134-135: For Proceedings in the Assembly,
see Punjab Legislalive Assembly Debates, 1953, pages 296-298.
5 For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1954, page 92.
6 For Statement of bbjecls and Reasons, .TEE Punjab Government Gazette
(Extraordinary), 1954, pagc 828.
7 of 'Statement of Objects and Reasons, see Punjab Govcrnrncnl Gazette
(Extraordinary), 1954, pp. 926(c) and 926(d).
8 For Statement uf,Objects ond,Reasonsr see funjnb Government Gazerte
(Exrraordinary), 1955. pagc 128.
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HOLDINGS (CONSOLIDATION AND [I 948 :EASTPB.ACT50


174 PitevmloN rn*mENT*TroN)

-
2
-
Year No.- Short rille Whether repealed or otherwise
- affccled by legislation
50 The East Punjab Amended by Punjab Act No. 36 of
Holdings (Conso- 1956'
lidaiion and Pre- Extended to the terrilories which immed-
vention of Frag- iately beforc thc 1st November, 1955,
menmtion) Act, wcre comprised in the State of Patiala and
1948. East Punjab Stares Union by Punjab Act
No. 5 of 1957:
Amended by Punjab Act No. 5 of 1959'
Amended by Punjab Act No. 20 of 1959'
Amended by Punjab Act No. 12 of 19605
Amended by Punjab Act NO.27 of 19606
Amended by Punjab Act No.2 of 1962'
Amended by Punjab Act No.25 of 19628
Amended by Punjab Act No.39 of 1963'
Amended by Haryana Adaptaiion of Laws
Order, 1968.

1 For Stalemen1 of Objecrs and Rcasons, see Punjab Governrncnr Gazc~te


(Extraordinary). 1956, pagc 1086.
2 F w Sratement of Objects and Keasons. see Punjab Governmen1 Gazctle
- (Exuaordinarj), 1957, page 338. -

3 For Statement of Objects and Reasons, see Punjab Gov~mrnentGazette


CExlrao~dinary).1959. page 366.
4 For statement of Objects and Reasons. see Punjab Governmenl Gazelle
(Exuaordinary), 1958. pages 1478-79.
5' For Statement of O b j e c ~and Reasons, see Punjab Government Gazette
(E!~traordinafy). 1959. page 1040.
6 For Stalement of Objecls and Reasons, see Punjab Government Gazette
(Extrao~dinary),1960, page 248. -
7 For Stalcrnenr of Objects and Reasons, see Punjab Govcrnment Gzzelle
(E~rraordinaryl.196 1, page 5 1 0.
8 For Statement of Objects and Reasons, see Punjab Government G a z e ~ t e
(Extraordinary). 1962, page I6 16.

9 For Sraremcnt of Objects and Reasons, see Punjab Government Gazette


(Extraordinary). 1963.p a y 1 146,
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1948 :EA~T
h.ACT501 HOLDINGS (CONSOLO3ATION AND 175
PREVENTION OF FRAGMENTATION)

AN Act to provide for the compuZsory cansolidario~~ of crgricldtzlml


itoldings atld for preventing the fr~~"mentation of agrictllttlral
Ilo1dirlg.r in '[the State] of2[Haryoruz J '[andfar the ossig~tnlenior
, resen:arion of lurid for conirnon purposes of the village].
It is hereby cnactcd as follows :
1, ( ),; This ,4ct may be c a l l ~ r !thc East Punjab E ~ l d i n g s s h ~ f?iik-
i
(Consolidation and Prevention of Fragmentation) Act, 1948. ex lent and
commcnce-
(2) It extends to the wholt of the lEState] of 2maryana). mcnt.

(3) This section shall come ?[into force in the principal


territories] at once and the remaining provisions of Lhe A a shall come in
such area and from such date as the l[Statej Government may by
notification appoint in this behalf, and different dates may be appointed
for the coming into 4orce of different provisions of the Act 5[and in the
transferred terrirories on the 3rd Apn I, 19571.
2. In this Act, unless there is anything repugnant in the subject or Inlerpretations.
context,-
I

(a) "ConsolidationOfficer" mcans zn officer appointed as such


under scction 14 by the '[State] Government and includes
any person authorised by the [State] Government to perform
all or any of the functions of the Consolidation Officer under
this Act;
(61 "Consolidation of Holdings" means thc analgarnation and
thc redistribution of dl or any of thc lands in an cstate or
sub-division of an esrate so as to reduce the number of pints
in the holdings ;

2 . Substitured for the word "Punjab by the Haryana Adaphliun of Laws Order,
(961;.
3 , ilddcd and deemed always to have been so added by Punjnb Act No.17 of
1960.
4. Substilutcd for h e words "into li~rce"hy I-laryana Adnppaiion (~TLnwsOrder,
1968.
5. The Words "and in the :ransferred territories on the 3rd April. 1957" addcd by
ihid
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176 HOLDINGS CONSOLIDATION AND I%. ACT50


[I948 :EAST
d
PREVENT10 OF FRAGMENTATION)

'[(bb] "common purpose" means any purpose in relation to any


common nwd, convenience or bcncfit of the village] Z[and
include the following purposes :-
(i) extension of the viHage Abadi; 3[x x]
(ii) providing income for the Panchayat of the village
coacerned for the benefit of thz village: c ~ ~ n , ~ u n i t j r . j
'[(iii) vilIage roads and paths ; village drains, village weIIs,
ponds or tanks, village water-courses or water-channels;
village bus stands and waiting places; manure pits; hada
rori; public latrines; cremation and burial grounds;
Panchyat Ghar; Janj G h x ; grazing grounds; tanning
places; mela grounds; public places of religious or
charitable nature; and
(iv) schools and playgrourlds, dispensaries, hospitals and
institutions of like nature, waterworks or tube-wells,
whether such schools, play grounds, dispensaries,
hospitals, instirurions,-watenvorksor tube-wells may be i
managed and controlled by Ihe Stak Government or not.] 1

( c ) 'Yragment" means a plot of land of less extent than the


appropriarc standard area determined under ~s Ac!:
Provided that no plot of land shall be deemed to be a fragment
by reason of any diminution in its area by diliuvion;
( d ) "land" means land which is not occupied as the site of any
h~i!c!ing in a town nr ?rillage and is ncci.!?ied or let for
agricultural purposes or for purposes subservient to
agriculture or for pasture, and includcs the sites of buildings
and other structures on such land;
LI
~?nt_lfied are.3" me.ans p.ny area nntfied as such ~jnrler
S C C ~ ~ V 3,
II

2. h i d e d and deemed tg have brm w added hy P11nj;lil ;Icr 1.10.27,.,[ i 366.


3. The Word "and " ornilled by and sllall be d e c m d io have been so omiiied by
Punjab Act 39 of 1963.
4. Added by Punjab ACL39 of 1963. Thcse clauses shall be deemed aIways 10
have been so added.
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h.ACTso]
1948 :EAST HOLDINGS (CONSOLIDATION AND 177
PREVENTION OF FRAGMENTATION)

Ifl "owner1'means in the case of unalienated 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;
8 ) "prescrihd fiezns prescribed by ru!es mzde mder rhis Act;
(!:.I "Settlement fiff7ccr f Cr?nsolidaiion)" meails an officer
appointed as such undcr section 20 by the '[State]
Government and includes any person authorised by the '[State]
Government to perfom all or any of the functions of the
SertlernentOfficer (Consolidation)under this Act;
(i) "standard area" in respect of any class of land means the area
which the '[State] Government may from time to time
determine under section 5 as the minimum area necessary
for profitable cultivation in any particular notified area and
includes a standard area revised under the said sec(ion;
( j ) "sub-division" means a part of an estate recorded as a sub-
division, pari, torf or pana in a record-of-rights prepared
under scction 3 1 of the Punjab Land Revenue Pact, 1887,
pmvided it forms a compact block; and
k words and expression used in this Act but not defined have
the meanings assigned to them in the Punjab Land Revenue
Act, 1887.
CEAFER II- DETERMINATION OF STANDARD AREAS
.
A l w i -A
m
1 I V ~ I Y1 OF ~ G T V ~ T A T S
L-- -bTbm mLm-

3. The '[State] Government may, after such inquiry as it deems ~ ~


'

fit, specify any estate or sub-division of an estale as a notified area for ot'notificdarea.
the z. e- ~ ~ ~fz this
c Chzpter .I! h i s Ar!.
+.
A # , , * , . . ~ , * iL - ---- .. R - Eh - . ,
r l L L L . C I I . C L I .
.-
G:
fit provis~onallysettle for any class of land in any norifled area the shndard.
minimum area thar can be cultivated profitably as a separale pio~.
(2) The '[State] Government shall by notification and in such
other manner as may be prescribed pubiish the minimum areas
provisionafly settled by it under sub-section (1) and invite objections
thereto.

1. Subslitured for the word "'Provincial"by the Adapra~ionof ~ a w s x d e r 1950.


,
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HOLDINGS (CONSOLIDATION AND I1948 :EASTPB.ACT50


P W E r n O N OF FRAGMENTArnOM

Determination 5. ( I ) The '[State] Government shall, after considering the


and revision of objections, if any, received within three months of the date of publicarion
shndard areas.
of the notification under sub-section (2) of section 4 in the estate I
concerned and making such further inquiry as it may deem fit, detemine - I
' ;
the standsd area for each class of land in such notified area. ' I

(2) Thc '[Stare] Government may, at any time, if it deems fit


aspcdcct so, io do, ~cvisca s:andard g c a d c ~ ~ ~ i iwdcr
ri~d sub-sec&oi:
(1) such revision shall be made in the manner laid down in section 4 and
sub-section (1) of Secjion 5 .
(3) T h e '[State] Government shall, by notification and in such
other manners may be prescribed, give public notice of any standard m a
determined under sub-section(1) or revised under sub-sxtion (2).
Entry i n t h e 5. ( I ) On notification of standard area under sub-section ( 3 ) of
recordoffights section 5 for a local area all fragments in the local area shall beentered
as such in the record-of-rights.
(2) Noiice of every entry made under sub-section ( I ) shall be
given in the prescribed manner.
Transfer and 7. ( 1 ) No person shall transfer any fragment in respect of which
' I
lease of frsg- a notice has been given under sub-section (2) of section 6 unless thereby
ments.
the fragment becomes merged in a contiguous survcy number or
rccognised sub-division of a sumey number.
(2) Notwi thstmding anything containzd in the Punjab Tcnancy
Aci, 1887, no such fragment shall bt leased to any person other than a
person cultivating sly land which is contiguous iii LAC fragnlcnt.
Frngmen[a!inn 8. Nn !md ir! an! notified m a sha!! be sfer erred or par.r!h~ed
1 - SO as lo create a fragment.

Penalty for 9. The transfer or prvCition ~i a11y land contray to the provisions
[masfer Or of this Act, shall be void.
I,,,., I
.-
5.: ,. - ---.,.-.
L l l l l " , Y I,,

provisions ul
iicx.
Valuatinn of
i'~':~grnenr.
-
,fiL?y :*:;fir?y f: 3. f y 2 p p n t -:bv ir,:&: Ec :?!! i! S ~ F A ! y : ! : ?~
oliis market
!:
application iii ihis bcllalf ihe CGliecl~rf i : deicrn~inativn
~
price and the Collector shall. after he&ng the applicant and owners o i
!he ccntiguous surI1ey numbers cr recognised sub-divisons of survey
numbers determine thc market price, and such determina~ionshall he
final and conclusive for the plwfloses af this rhaptcr.
1. Subsriruted for thc word "ProvinciS' by rhe Adapration of Laws Order, 1 950.
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1948 :EASTPB. ACT501 HOLDINGS (CONSOLIDA?70N AND 179


PREVENTION OF FRAGMENTATON)

11. The ownerreferred Lo in h e preceding section shall in the first Transfer of


instance offer the fragment for sale to thc owners of contiguous survey fragment-
numbers or recognised sub-divisionsof survey n u u k ~ sand , in case of
thcir refusal to preceding section, may uansfer it tc the l[Gove~nment]for
) the purpose of ?[State]on payment by rhe [Govarnmcnt]of such price as
afores~dto persons possessing interest therein as Ihe Collector may
e , thcreuqc~thc f ~ ~ g m e shall
d c t ~ ~ n zzd, nt r e s t :bso!utely in the
LIGovernment]for the purpose of the 2[State] free from all encumb~aces.
12. When a decree is b a n s f e d to the Collector under section 5Q of Partition of es-
the Code of Civil Procedure, 1908, for the parhtion ofan undivided estate
assessed t:, payment of revenue to the [Govemenq in any noti fiedarea
for which standard areas have been fixed, or far the separatc possession
oFrev-
cnue (o &rcm-

of a share of such an estate, no such parfition or separation shall be made tion of share
,,, .,
so as to creak a tiagment. thcreof.

13. (11 Notwithstanding anything contained in any law for the time State Govern-
being in force no land shall be acquired by the 3[State] Government or ment or local
any loce! zuthority or sold at any sale held under the orders of any c o u ~auhOnv
acquire land so
lo
so as to leave a Gagment. as to lcave kag-
(2) Xfanylandacquiredby the3[State]~ov~mmentoranylocalmenls-
authority is in-excess of its requirements, it shall be offered for sale in
the first instance to the owners of contiguous survey numbers or
recognised sub-divisions of survey numbers at price at which it was
acquired under subsection (1).
CHAPTER lII -CONSOLIDATION OF HOLDINGS
14. (1') T,Xfitk!he J cf CDZSD!I&!~Y P holdi~gs ir? z y ecfa!~~r Ee~ernmen!
of
group espares ur any par1 thereof for purpose of hrrer cultivarion of rnzy of ils o??ln
accord an
rrr,
lands therein, he j[Sla~e] Government may of its own motion or on
application dc-
application made in this behalf declare by notification and by publication *I*+-
LI"IL
:.-
IC,
:-a*-
I...L.L-

- ifi=
. piL5ii;- . zis csizic GI cs*~&cs ci;iiG"i- ,;,-.
ru~3fiL7 iil , uu
4113 ;7" -- r u
;IIIL~LILIUJI
-T~"T:P &.-.
11on co make
m n k?. z schcmr. for rhp. cclnxnii~.7rinnn i h o i i i n ~ : ;in sucn ~ S l a i t :or :st;lieS x n c n c iur cun-
r?r p~ tkertnf 2: mny he specified. solidalion of
holdings.
(2) Or! such publication in lhe esiate cnncelned ihe '[Stale]
C ~ ~ e i - i i f~i ~1~iippoi;;:
iy r, Consolidation Office: who shall after
ohtaining in the prescribed manner the advice of the Iandowners of the

1. S~bsti!u!rJI f ~dlc
r wvrd " C i ~ w u "by the Adnplation n::nws firder, 1950.
7. Subsljmed for the word "Province" by he Adaptation of l a w s Order, 1950.
3. Subs~i~ured
Tor thc word "Pruvincial" by the Adapralion of Laws Order, 1950.
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180 HOLDINGS (CONSOLWATION AND 11948 :EASTPB.ACT50


PREVENTION OF FRAGMENTATION)

estate or esrates concerned, [and of the non-proprietors and [he G m


Panchayat i f any, constituted in such estate or estates under the Gram
Panchayat Act, mo. 4 of 19531 prepare a scheme for the consolidation -

of holdings in such estate or estates or part thereof as the case may be.
"(3) Where a no'i;5cation iliidei sii'u-seciioii jl j has G s i i mzde
ir! respect of a ground of esrztes and the holding is sifiatcr! in =ore than
one estate in the group then notwithstanding anythng contained in the
Punjab Land Revenue Act, 1887, the scheme prepared by the
Consolidation Oficer may provide for the d teration of bounddaries of
such estates.]
Scheme to pro- 15. ( I ) The scheme prepared by the Consolidation Officer shall
vide compensa- provide for the payment of compensation to any owner who is allotted a
lion.
holding of less market value than that of his original holding for the
recovery of compensation from any owner who is allotted a holding of
greater market value than thar of his original holding.
3
(2) x X X X X
Occupancy 16. (1) The scheme prepared by the Consolidation Officer may
Tznsncics. provide for the distribution of land hdd 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 4[contirmedj under section 20, the land
so allotted to h e wcupancy tenant and the landloid shall, notwithstanding
mything to the contrary contained in the Pulljab Tenancy Acl, 1887, or
i n any other law for the time being in force,-beheld by each of them
respclively in fid!right cf cq:;r,e:s+ip, the i g h t =.f cccupancy in ihz
land allotted to the landlord shall be deemed to be extinguished.

! -l - - - - a - A
IIIILI C L U
L..
1 1 1
I?..-.
..n.,, ,
n..-:-I. lT..lA:--,.
a,! . , , , , , . l . L , . .
I,.,, -%
(P..---I:A-*:-- *-J
~I.llll..LII.luillIIIIr a 1 1 u
l3--..--*:--
L L L I L I I L I I I I I
-C
I.,
L,

(Amenaillent and vitiid;ltionJ Act, 1955 [runjab Act, 7 of i955J


Frafiu~en~auanj
SCCZ~O,3 of Act. 7 oi i E 5 . rcaas [nus :-
"Vn!i&dnn of rp=iq ~rn!c_.pc-inos - 1- N r ! S r . h e m ~nf ri.!nsn!jma!jnn under
the East P~~njiiI)
ki~iltli~( ~~l ~i is~ < < > l i i l i m
j ~I~iP~t~l~e~ v~ e ~ ~<
i i t~
t ~T
~ ~ ~ II IK
~) I I
Act, IP4S, sl~allbc deemed 10 be invalid merely on the ground that the
ilcivicc 11: ~ t o ~ ~ - ! b r ~ i ! t t - i c; II~
I I. ~G, s~ ; I IPa~~t:li;iy~i~
i~ I~ was ncjt scj ohf:~inedrlk~rinz
any Consolidation proceedings bcforz rhc commencement of this Act."
2. Nzw sub-sec~irm(3) added by Punjab Act No. 15 of 1959, section 2.
3. Sub-section ( 2 ) of secrion I5 rmiucd by h n j k Acr NO.23 of 1950
4. Subslituted for rhc words "finally snnclioned" by Punjnb Acr 25 of 1962.
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1948 :EASTPB.Am 501 HOLDINGS (CONSOLIDATION AND 181


PREVENTION OF FRAGMENTATION)

'[IGA ( 1 ) Notwithstanding mything containcd in Chapter 9 of the Power lo makc


h n j a b Land Revenue Act, 1887, except section 17, thereof, the scheme Q~~~~~~~~ in
schemc co par-
prepared by the Consolidation Oficer may provide for the partition of tilion
landktweenj~int-ow~~ersofland,orbctwccn,joint-tenantsofatenmcy
/ ,
in which a right ofoccupancy subsists, in accordance with the share of occupancy ten-
each owner or tenant in the land or tenancy, as the case may be, if - ancies.
(a) such share is ~ecordedunder Chapicr 4 of tfia~Act as
belonging to him, or
( b ) the right of such owner or tenant to such share has been
established by a decree which is still subsisting at the
time of preparing rhe scheme, or
(c) a written acknowledgment of such right has been
extcuted by all persons interes~edin the admission or
denial thereof.
(2) When the scheme is 2[x] confmed under section 20, the
land so partitioned shall, notwfthstandrng anything to the contrary
contained in any law for the time being in force, bc held by each such
owner or tenanr in full tight of ounershipor tetiancy, as the cese may be
and the rights of other joint-owners or joint tenants, in the land shall be
deemed to be extinguished.]
17, (1) Whenever in preparing scheme for the consoldation of hmalgamation
holdings, it appears to the Consolidarion Officerthar i t is neccessary to of public rozds
within
amalgamate any road, s m i , l a c , path, channel, d r ~ ntank,
, pastr~reor ctc.
scheme for con-
other land reserved for comtnon purposes with any holQng in the schcme soIidation o f
5e s h ! ! mike a dec!ewinn to thn! e.ff~ct stating in such declaration rnat hnldings.
it is proposed lhai the,right of thc public as well as of dl individuals in
or over the said road, street, iane, path, c h m e i , drain, iank, pasture or
other land reserved for common purposes, shall be extinguished or, as
,, > i
1 r............ f ; 4 , , , h rh-grin:
,,.,
t I I ;
L'-C--l

rirain, iank, pasrurc ui. uii-:ei land l,esr;l-~eGCui i ;.:. ,.--,,,,,


~ l l l l l i V~ ~U i L ~
I-:A
~iti151
~ ~C l U- C

ir! The s r h ~ m
nf ~~nnsn!irlatinn.
(2) The cleclxatiorl in sub-section (1) sh;lll bepu'slished i n the
cstntc c~xcernedin prescsbed mancer l o n g with the draft echr.me
referred to in section 19.

1. Igcw secrion 16A. insericd by Punjah Ai:i No.10 of 19.59.


2. The word "finally" omillcd by Punjab Act No.25 of 1967,.
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182 HOLDINGS (CONSOLIDATION AND [I948 :EAST


h.ACT50
PEVENTION OF FRAGMENTATION)

( 3 ) Any member of tho public or any person having any interest


or right, in addition to the right of public highway, in or over rhe said
road, street, lane,path, channel, h n , ~ a n k pasture , or oherlandresenled
for common purposes or having any orher iineresl or right which is likely
to~adverselyaffectedbytheproposalmaywithinthi~daysaftertbe
publication of the declaration under sub-section(1) seate to the
C u f i ~ ; i d a k ~Office1
ii in %-'iting his o b j e c c t to iht=p:c;tositi, t k naLu1.e
of such interest orrigh~and the manner in which it is likely to be adversely
affected and the amount and particular of his claim to compensation for
such interest or right :
Providd that no claim for compensation on account of the extinction
or diminution of the right of. public highway over such road, street,
lane, path, channel, drain, tank, pastureor other land reserved for common
purposes, shall be entertained.
(4) The Consolidation Officer shal, after considering the
objection, if any, mqde 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
recommendations thereon and a stnrement of thc amounts of
compensation,if any, which in his opinion are payable, and of thc persons ?
by whom and of the persons to whom such compensation is payable.
The decision of the Settlement Officer (Consolidation), on the proposal
and regardig the amount of compensation and the person by whom
such compensation, if any, is payable, shall be final.
Land rcscrved '18- Notwithstanding anything conhinedin any law for the time k i n g
fcr CgmmO* i i i f O I ~ e , i t S ~ : G ! i ~ ! : . l Y.-'-
a u r ~f G- iLOL~UI~ULL
? ~i--.7.,!:.-!.-ti
1 1 ~4 fi G -i -i iS-LrfJ~5:I G dire<&
purposes.
1. Section 6 uf Punjab Act No.27 of 1360. reads as ffo1low.s :-
Validation :- Notwihaanding anythin; to the contrary contained in m y
judgrncn~decree or order of any caurt,-
- - 7 - - - : -.+-.
I.,&
v:i;= <A,
.. - r-i:, <(if:=]
.,.,,
--L.
,,Lj,&j :!;c ~;;;,;;,:,z~<yi::;.: ::-;;:. /,i.i,
i&, ,.
I ;;i::

~ ~ ~ihf
h25 heen r r ~ c r - . f:?r ! p 2 ~ ? & 2 y 2 !nF (I?, : r i ! ! : ! z ~ y~nr:e:nr'l Fr?r ?~!-i!i%iz- C:

.L,
LIIL.
,...
; c
-
, .L,-.c*L
UlCVIllCl UIkILUI, U 1
,-

,.,.I ...
PL\ -....L..
: .. L
IL,.- ,F ..-..
.--_\,, .- ......
:=-h i..:s::i;xrm.=~~; :?!= E p i ; ~~ ~ ! - : z ; h ~ji;i;
. , : : . ~ , ~j jrc ;ifij:
ro i ~ h o nit: has dzlegare:! i&po::.zrs has p~ssedar: arder ur,bcr sc~rioa42 of
the principal Acr rcvising or iesciadi;lg n schcne prcparcd or confirmed ili
rcp;;rfi::on mzde hy :,cy nfticei ::;;dc: :hi:! Ac:,
such reservation ollnnd or such order. as rhe c x c may be, shall be deeged 105e
i l br quesliur~cllon hr.grou~tll(hat
vaiirl and any sir~llscherlle or ~ r . l l t~r t ~ i l no[
such rcscrvakn of Iand cou!d not Sc madc cr, 3s k c cnsc may be, rhzt undc;
scctian 42 or [he principal Act. the Stare Government or such authority had no
power to pass such ordcr.
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1948 :EASTPB.ACT501 HOLDINGS (CONSOLlDATION AND 183


PREVENTION OF FRAGMENTATION)

(a) that any land specifically assigned fur any common purpose
shall cease to be so assizned and to assign any other land in
its place;
WJ that any land under the bed of a stream or torrent flowing
lSr011gh nr from the Siwalik n o t w i n range within the
'CSqte] shall be assigned for any colntnon purpose;
(c) h a t it my m a under consolidation no land is reserved for
any comrnon purpose including extension of the vilage abadi,
or if the land so reserved is inadequate, to assign other land
for such purpose.
19. ( 1 ) When the draft scheme of consolidatiun i s ready for Publication of
publication, the Consolidation Officer shall publish it in the prescribed drab scheme.
manner in the estate or estates concerned. Any person likely to k affected
by such scheme, shall, within thirty days of the date of such publication,
communicate in writing to the Consolidation Officer any objection
relating to the scheme. The ConsolidationOfficer shall, after considering
the objection, if any, received, submit the scheme with such amendments
as he considers to be necessary, together with his remarks on the
objections,to the Setllemeat Gfficer (Consolidation).

20. (1) The 'TState] Government may by notification appoint one or Confirmation
more persons ro be Settlement Officers (Consolidation) and, by like of scheme.
norificalion, specify the area in which each such officer shall have
jurisdiction. The Consolidation Oacers in the area under the jurisdiction
~f the Set!lment Officer (Ccnsfifidzlion) sh:J!_he s~~hnrc!in?te t ~ birr!
.
subjec~to any conditions which may be prescribed.
"12) If no objeciions received to the draft scheme published
under sub-section (1) of section 19 '1x1 and also if no written or oral
+jec!ior;f Tc "i;ae drgj-! ybe-m_~jzrz. ~C,--IVF? vnc!!~ ~ F ; L - S P C ! I~ ~i DV
-,*-,,---
\-, J

.L- L*--*I ----n*-


I1IC J G t l l l ; l # l . ~ ~ ~ ~
~:IICIL.I
-- ![ .r~*---- I:A-.:-~-, -f i ] ,biitrb
. U l l . > u I ~ u u c ~ ~ ~cz
-:-I)
-. -L-
l C l l r # l l a l l l 1 iili
*-L---
~ b 1 1 C l k r ~ u .

!. E&~!i!!!!er! 'rpc~-:ir?~:'' h~ !h!: hd:~!?!jn:! ~f !.:a.vc Qrder. !WO.


Fn~lr!kc TI):^
2. Sl;b-s~:i=:::2: onitted by P ~ i i j a bAc:, 15 ct' 1962.
3. Subb~iiutcdfor the w o r i l ~ ~ t hProvincial
e " by rhe Adaptation of Lzws
0 i d ~ 1i950.
.
1. Subs~irutcdby thc Punjab Aci, 12 of 1962 for sub-seclions 2 and 3.
5. Tht words "or wilhin thirty days of ils publicarion ro ihe amended draCl sciicmc
published under sub-sectian ( 2 )of that scheme" omi11ed by Punjzb P.ct 25 of
1367.
6. Substituted for the words"any such scheme" by Punjab Act 25 of 1962.
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184 HOLDINGS (CONSOLIDATION AND [I943:EAST


h.ACT50
PREVENTION OF FRAGMENTATION)

' ( 3 ) If any objections are rcccivcd to the draft schemc


published under sub-section (I) of section 19 Z[xxx] or if any written
or oral ob.jection are received by the Settlement Officer (Consolidation)
before the confirmation of ][the draft scheme] by him the Settlement
Officer (Consolidation) may after taking the objections into ., ,

consideration together with the remark thereon of the Consolidation


- ,
Off;,ccrand ;!so akcr considering the wrirtrn Ci OZ:.: objection, eithcr
confm the sclleme with or without moclificalions,or refuse to confirm
it. In case of such refusal, the Settlement Off~cer(C~nsolidation)shall
return the draft scheme, with such direction as may be necessary, to
the Consolidation Officer, for reconsideration and resubmission.]
(4) Upon the confirmation of the scheme u ~ d e rsub-section
(2) or (3), the scheme as confirmed shall be published in the prescribed
manner in the estate or estates concerned.
Repartition. 21. (1) The Consolidation Officer shall after obtaining the advice
of the landowners of the estate or estates concerned, carry out repartition
in accordance with the scheme of consolidation of holdings confirmed
under section 20, and the boundaries of the holdings as demarcated shalI
be shown on the shajra which shall be published in the prescribed mmrler
in the estate or estates concerned.
(2) Any person aggrieved by the repartition may 5Ie a written
objection within fifteen days of the publication before the Consolidation
Officer who shall aftcr hcaring the objection pass such orders as he
considers proper cor~firmiilgor modifying the r e p ~ i i o n .
(3) ,",ny ;=.safi aggrieved 5-j t!? cder gf C ~ n c ~ ~ I d
Officer under sub-section (2) may within one month of that order file an
appeal before the Settlement Officer (Consolidstion) who shall after
hearing the appellant pass such order as he considers proper.
-.:,,,4 ,7 -...,
L, r--".,*-
-e-v-q
A -11zgg! ! , = Y C ~ b>l !?E zr4:: cf !b5 ~~~~~~ld.~2~
ZKiCCi.;CGiisa;jiaijiriLj DG&-S.<iiijii >; j, -*-;iciiicl. IhZidi;-tijlG
after the commencement of the East Punjab Holdings (Consolidation

1. Substituted by rhe Punjab Act, 11 of I962 for sub-seclions ?, and 3.


2. The ::.orris "ur
iu ~ h arnerrded
r dr;il'ischen~cp~bi!.st~rci
under sub- secrion (2j of
omitted by Punjab Act 25 tlf 1962.
h a t section''
3 . Subs~itutedfor he words "any such scheme" by Punjab Act 25 of 1962.
4. Subsutured by Punjab Acr 25 of 1962.
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1948 :EAST
h.ACT501 HOLDINGS (CONSOLIDATION AND 185
PREVENTlON OF FRAGMENTATION)

and Prevention of Frdgmentation) Second Amendment and Validation


Act, 1962, d a y , within sixty days of that order, appeal to the Assistant
Director of Consn1idation.-
(5) Any appeal against an order of the Settlement Officer
<C~fisoIi&:icn),pcndiiig ~ i i d c sib-section
r (4) irnnediatcly k f ~ r the
c
commctncernenr ol the Eas! Punjah Holdings (Consrrlidation and
Prevention of Fragmcnration) Second Arnendmcnt and Validation Act,
1962, cither before the State Govcrnmcnt or any officer to whom the
powers of the State Government in this behalf have been delegated, shall
be decided by the Assistant Director of Consolidation.
(6) The appellate authority may entertain an appeaI_undersub-
section (3) or sub-section (4) aflcr the expiry of the period of limitation
prescribed therein if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
(7) The State Government may by notification appoint any
person to be an Assistant Director ofConsolidation to exercise the powers
under this section in respect of such area as may be specified in such
notification.]
22. (1) The Consolidation Officer shall cause ro be prepared a new Preparation
record-of-rightin accordance with the provisions contained in Chapter of record-of
IV of the punjab Land Revenue Act. 1887, in so far as these provisions ri"h"-
may be applicable, for the area under consolidation, giving effect to the
repartition '[and order in respect thereof made] undcr the preceding
seclion.
(2) Such rccord-of-right shalt be deemed to have heen -prepared
-
.
under seciion 32 or' tint: Punjab Land Rcvenue Acr, 1a6 1 .
P.n-

23. (1) If al! the owners and tenants affected by I[the repartition, ~ i ~ h ~
as carried out under sub-section (1) of section 211 agree to enter into sion of new
.Y,,,Y,,,Y,;Y C
YYI
-
.
,,.,,.- ------- ----=-'
L
f;h,h,.:,:: ,,., ::.,;;",:i.,;L~miLLlm,lnrIPT
.-rr--'sr-z~
.
L--. x z u r r r u r r r r r . - L - - .
.'I
T"F.!-z%-'.r.:;n.rlt;fl~~
--& ,;';:~--r::c=cu.l
!l~!c!i~g;.

Qfficer may a!?o*v!hym t= e:t=: szcf: nossesEjon f~c~".~:ri:.h.


c: f:=1?:
such date as may '-xspecified by him.
j[[3) If all !he owners and tenants ss aforesaid do not ;gee tc
enter into possession under sub-section (I), they shall he entitled to
1 . Subslituwd for the. words "as f i n a l l y sanctioned" by Punjab Act
25 oi1962.
2 . Substituted for rhe ivords "the scheme of consoliduion or, as the case may be,
rcpartition as tinally confirmed" by Punjab Act 25 of 1962.
3. Substituted for subsection (2) by Punjab Act 225 of 1962.
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1 86 HOLDINGS (CONSOLIDATION AND [I948 :EASTh.ACT50


PREVENTION OF FRAGMENTATION)

possession of the holdings and tenancies allotted to them from such


date as may be determined by the Consolidatifin Officer and published
in the prescribed manner i n the eslates concerned; and the Consolidaticln
Officer shall, if necessary, put them in physical possession of thc
holding to which they are so entitled, including standing crops, if any,
m d for doing so may exercise the powers of Revenue Officer under
S:c Funjab land Revenc!e P,c!, 1897.;
(3)If there are standing crops on any holding of which
possession has been given under sub-section (Z),the ConsolidationOfficer
shall determine '[in the manner provided under this Act] h e compensation
payable in respect of such crops by the person put in possession, who
shd,within six months of the date of possession, pay such compensation
to the person or persons from whom possession was transferred, and in
case of default such compensation shall be recovcrible from him as an
m e a r of land revenue,.
( 4 ) If any pason from whom compensation is recoverable under
the scheme fails within 15 days of the Z[datel referred to in sub-section
(2) ro deposit such compensation in the presctikd manner, it shall be
recoverable from him as an aiicar of 1a d revenue, and in such case ;he
amount realised after deduc~ingthe expenses, shall be paid to any person
having the interest in the holding.
~ani\gr.men! 3[23-A.As soon as a scheme comes into force, the managemcnl
-
and of md control of all h d s assigned or reserved for common purposcs of
!an4for com-
mon purposes
Ll~cvillage under section 15,-
in vest in
allbhaya;s ci
n---
(a) in the case cf coc1,mg:: p!Jqnre.s q=yCjfied i:: S!$-~!Z!:PIZ
(iv) of clause (bb) of section 2 in respect of which the
Stete Govern-
ment.
management and con601 are to bz exercised by t'lc State
Government, shall vest in the State Government; and

I . Substituted for thc 1.wrds "in the prcsrribd manner" by Pu~jabAc t 23 of 1950,
secdc:: 3.
2. Substiluted for the words "r.ornmencemcnt of the agriculture1 year" by Punjab
Acr 25 of 1962.
3. Suhsli~utedby hrnjab Act 39 of 1963 for section 23-A and as from Qiz 26rh
day of January, 1950 shall k dccmcd always ro llave been subsrituied.
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1948 :E ~ s h
r .ACT501 HOLDINGS (CONSOLIL)AArIONAND 187
PREVENTION OF FRAGMENTATION)

and the State Government or the Panchayat, as the case may be,shall be
entitled to appropriate the income accruing.therefmmfor the benefit of
fie village community, and the rights and interests of the owners of such
lands shalI stand modified and extinguished accordingly:
-Prr?vided that In, case of !ad assigned or re-se;.ved for *r: ext_c-nsion
of village abadi or manure pits for the proprieton and non-proketars
ot h e village, such land shall vest in t!ne proprictors arid non-proprietors
to whom it is given under the scheme of consolidation.l
24. ' [ ( I ) As soon as the persons entitled to possession of holdings Coming into
under this Act have en~eredinto possession of the holdings, respectively force of
allotted to rhem the scheme shall bc dccrned to have. come into force and
the possession of the al1oW.e~affected by the scheme of consolidation,
or as ihe casc may be, by repartition, shall remain u n d i s t u d ~ duntil a
fresh scheme is brought into force or a change is ordered in pursuance
of provisions of sub-sections (21, ( 3 ) and (4) of section 21 or an order
passed under section 36 or 42 of this Act.]
2[{2) A Consolidation Officer shall be competent to exercise
all or any of the powers of a Revenue Officer under the Punjab Land
Revenue Act, 1887 (Act 17 of 1887), for purposes of compliance with
the provisions of subsection (11.1
25. A land-owner or a tenant shall subjecf to the provisions of Righrs of land-
'[section 16 and 16-A] have the same right in the land allotted to him in O-ers and ten-
ants after c o ~ i -
pursuance of the scheme of consolidation as he had in his original holding
soliriation s z n e
or tenancy, as the case may be. as bcfore.
" 1 2 5 ~ (~1 ) I f i ~ nf a scheme for consnlidnrion nf hoidins~Effecr nf cr\.--
?~ml~ance.
any land which is evacuee property within thc meaning of the solida-iim @ i
.-
Administratian of Evacuee Propcrty Act, 1350 (31 of 14501,is or has
Evacuee Pma-
becn exchanged for any other land which is not evacuee property, then v l r r .
:.zch =f>cr!-yd shai!, !hc dntc ui tscc-~dfig intz [grce nf
s.i,=iiLc- L= &ciilcd io & cv&be& "iu-wii.f&&j&-=& & s ~ c j i'*pi;likZL,

;. SuIiiii~t&by Fdnjab Acl Kil. 46 af 1955 and shall ZH: clecmG io bsve h c c ~ ~
fro111Decc~ilber27, 1954.
su ~llbslit~iecl
2. New sub-secrion (2) addcd by ;bid.
3 . Substitutcd for thc words and figure "szetion 15" by Punjab A n 20 of 1953,
section 3 .
4. New section 25-A. inscried by Punjab ACL40 of 1954.
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188 HOLDINGS (CONSOLIDATION AND [I948 :EAST


h.ACT'^^
PREVENTION OF FRAGMENTATION)

meaning of the said-Act and the original evacuee land shall, as from
such date, be deemed to havc ceased to be cvacuee property.
(2) If a displaced person to whom any land has been leased or
allotted by the Custodian under the conditions published by the - .
notification of the Governmenr of Punjab in the Department of
Rehabiliration No.489 1-S or 4892-S, dared he 8th July, 1949, has been
allotted some other land in lieu thereof in pursuance of any scheme. for
consolidation of holdings, then such other land shall be deemed to have
been leased or allotted, as the case may be, to such displaced person
under [he afonaid conditions within the meaning ofthe Displaced Persons
(Cornpensat ion and Rehabilitation) Act? 1954 (44 of 1954).
(3) In this section, the e~ipressions'Custodian' and 'displaced
persons', have the meaning, respectively assigned to them in the
Administration of Evacuee Property Act, 1950 (31 of 1950) and the
Displaced Persons (Cornpensarion and Rehahiliration) Act ,1954 (44 of
1954).]
Er?rumbr?nces 26. !7) If[he holding of a lanci-owner nr !he 1en;tncy r?P a !en;rnt
of landowners brought under the scheme of consolidation is burdened with any leasz.
and tenank. , , r r s l c rP? -c. cr n t h ? - ~ ~ r n sfich
v , =-a- cf cfhirr
! P~? S P , ~ rnm~l~~l~;~
I
encurnbmnce shall be asnsremed and attached lo the holding or lenar,cy
....
.--L!LL'-C
.iI-,*-A uiiu": > L L V .--L---
.--A..-vL- -2Ll:--.ilL
-,- +-
Wl L L '
,.,.*L
i7ULkI !
-.,AL <u
., : 1i bL Ud
+LA P A - - , . ~ ; A ~ + . ~ - fi$r:---
U L L L U ! : ~ ' - ' L U ~ L ' L ' ~ L wl!l.-L:,

subject to any niJes that may be made under section 46, may h ~ v e
determined in preparing the scheme; and thereupon the lessee,
mortgagees or other encumbrancer, as the case may be, shall cease to
have any right in or against rhe land from which thc lease, modgage or
other encumbrance has been transferred.
(2) I T the hijiding or teiiswy io w i ~ i c h;i lease, ~iurtgagc,01-
other cncurnhrancc is transferred undcr s11h-sccrjon jl j is of less market
vaiue Gi;ul the origillal i~oldingI'.uru whicll ii is iia~lsi'e~~ed, tile iessee,
mortgagee or other encumbrancer, 3s the case may be, shall subjec: to
the provisions of section 34 be entitled to the payment of such
compensariu~~ by the owricr of the holdirlg, ur as the case mzy be, the
r b l i n ! r ? as t hc C I ~ i i s ~ E d a tSTicc.r
i~n :dc:zmin?..
C--.--..
n
m r
;

( 3 ) Notwithstanding anything contained in section 23, the


C0n:r,l!irl3~ion Orfirer shall i f pecPsralqy~ ) u I3iIY !esz~cor iiriy rnwgEgcc
or other encux hrancei cntitlcd to possession, in possession of the holding
or tenancy or part o t the holding or tenancy to which his lease, mortgaze
or other encumbrrtncr: has been transferred under sub-sec tion (I).
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1948 :EAST'PB.
ACT 501 HOLDLIGS (CONSOLIDATION AND 189
PREVENTION OF FRAGMENTATTON)

27. Notwithstanding any thing contained i n the -Punjab Land Transffe' of


of Iand-
Revenue Act, 1887, and he Punjab Tenancy Act 1887, the rights and rigbls owners in hold-
liabilities of landowners i n their holdings and of tenants in lheir tenancies ings md
shd!, for h e purpose of giving effecr to any scheme of consolidation ,ats in te;;ns-
affecting them, be transferable by exchange or othenvisc and ncither the cjes.
landlord nor tenant nor any other person shail be entitled to object to or
interfere with any transfer made for thc said purpose.
'(27A. Notwithstanding anything contained in the Code of Civil Decrees for
Procedure, 1908, or any other law for the time being in force, no decree oi
land ro bc ex-
for possession of land against a judgment-debtor, whose land has been ecuLed againEl
included in a scheme for consolidatjon of holdings shall be executed laEd z!,u9duz
except after repatlition '[and orders in respect thcrcof uiidcr scction 2 1 reparliliun.
and against 1ar.d allotted to him in pursuance of such repmition and
orders].
'18. ( 1 ) Thc cost of consnlidaiion proceedings shall be assessed in Cost ofcunsuIi-
&heprescribed ma~mer. h t i o n proceed-
I ng:;.
(2) The cnst of cens01ici:rtinn prnceedings shall he recovered
from the persons whose holdings are affected hy the scheme of
--..-.,..--..-...
.-nncnlirl~tinn

23. Compsnsation under section 15 n: rests under section 2%or


~ : r"GILL
any other sums due payable under lhis Acl shail be recoverabie as an " ' ""-"
$
:. --.K;L

sums payable
a m a r of iand rcvcnue. undcr this Act.
30. After a notificalion under sub-section (I) of section 14 has issued TransFer of
and during thc pendency of the consolidation proceedings no Iand-owner rights of land-
or tcnant having a right of occupmcy upon whom rhe scheme will be Owners in hold-
, , hive . = L - . r ~P
l ~ L l O iVl
i
- I:.I...:..- AC~. ....-
L I I L L U l l 3 U l l U U L l U I I UlIlLL1
rnr~and tri [en-
hfiti iii tci~iifi-
to transfer or otherwise deal with any portion of his original holding or iih.
other ienancy so as t~ C ~ C C thc
: rjghfs of any orher lazd-3v:ccr or : e n x i
having a right of occupancy therci n under the schcmc of consolidation.
jr30A. (1) After a notification under sub-scction (1 j of section 14 Prohibi~ion01
has issued and during the pendcncy of consolidation proceedings no cutring trees
erecting
!zed cl>;ner ,rpp=nrl~hcm{he SCheze%:j11 be bindin=- shb!! h.1;~ nnnrpr 2ndid, G G s c.L.-
- - - ' "1'""".

during consoli-
I . New scction 27-A, inserted by punjab Act 20 of 1959, seclion 4.
431ion prccced-
2. Suhstirured for he words "as finally confirmed under seclion 21 and against ings.
lanil allijttcd ro him in purchase of such rcpmition" by l'unj:~bAc: 25 of 1962.

3. New scclion 30-A, insertcd by Punjab Act 12 of 1960, scclicn 7,.


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190 HOLDINGS (CONSOLIDATION AND [I948 :EASTPB.ACT50


PREVENTlON OF FRAGMENTATION)

without the sanction of the Consolidation Officer to cut trees from,


and emt buildings or other structures upan, any portion of his orignal
holding included in the scheme.
(2) If any person contravenes the provisions of sub-section
(1) he shall, on conviction, k.punishable with fine which may extend
to five hundred rupees.
(3)An offence under this section shall be cognizable and
bailable.
( 4 ) If any building or othw structure is erected in contravention
of the provisions of sub-section (1) and the land owner fails to remove it
within one month of the date of publication of the Shajra under sub-
section (1) of section 21, it shall, without payment of any compensation,
vest in the new h d ~ w n ewho r enters into possession of tha! holding as
a result of repartition .]
Transfer nut af- 31. Notwithstanding anything conkned in section 3 of the 'Punjab
Iected by Aliention of Land Act, 1900, no exchange of land by a member of an
Punjab*lien- agdcultuml tribe in pursuance of a scheme of consolidation of holdings
a ~ i o nof Land
. k t , 1900.
shall require the sanction of the Deputy Commissioner under the Act.
i
Suspension of '[32. After a notification under sub-section (1) of section 14 has
partition pro- issued, no proceedings under Chapter 9 of the Punjab Land Revenue
= d i n e s during Act, 1887,in respect of any estate or a sub-division of an estate affected
currency of by the scheme of consolidation shall, subject to the provisions of section
consolidation
p r ~ing. d 16-A, be commenced, and where such proceedings were commenced
before the issue of the notification they shall remain in abeyance, during
the pendency of the consohdatior! prc-r.eedings.]
No instrument 33. Notwithstanding anything contained in any law for the time
f l C C e S S q 10 ef- k i n g in force-
fect transfer.
(a) no instrument in writing shall be necessary in order to give
jzyo!:;ed iEc a r j i z g our any schez-..
EEEt tg- 2 tFz=;;;;7fc7
consoiiuation o l hoiciings. arli

Apponionmcnr (1) 'l'he amount of compensation pay able under this Act
?{?14.
of compensa- shdl beassessed. so far as practicable, :i xcordance with the previsions
tion or net value of sub-section (I) of secti bn 2: of the Land Acquisition k t - , 1894.1
in case of dis-
pule. 1. Repealed by Adaptation of Laws (Third Amendment) Vrder, 1951.
2. Subs~itutedfor section 32 by Punjab Act No. 20 of 1959.
3. Inserted by Punjab Act 23 of 1950, section 4.
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1948 :EAST
h.ACT501 HOLDINGS (CONSOLIDATION AND 191
PREVENTION OF FRAGMENTATION)

'(2) Where there is dispute in respect of the apporrionment


of -
(a) the amount of compensationde~erminedunder sub-section
(2) of section 15,or sub-section (4) of section 17;
(b,l the net value realised under sub-section (4) of section
23 ;
(c) the total amount ofcompensalion determined under sub-
section (2) of section 26, the Consolidation Officer shall
refer the dispute to the decision of the Civil Court and
deposit the arnont of compensation or net value, as the
case may be, in the Court and thereupon the provisions
of sections 33,53 and 54 of the Land Acquisition Act,
1894 shall, so far as may be, apply.
35. Zn any estate or group of estates or any part thereof where Application of
consolidation of holdings has k n effected under this Chapter, Lhez[S tate] Chapter 11 to
Government shall, as soon as may be take all necessary steps to apply consolidared
holdings.
the provisions of Chapter XI.
3136. A scheme for the consolidation of holdings confirmed under Power to
rCYokC
this Act may, at any time, be varied or revoked by the authority which Or
sclxme.
coIlfims it subject to any order of the State Government that may be
made in relation [hereto and a subsequent scheme may be prepared,
published and confirmed in accordance with the provisions of rhis Aa.1
CHAPTER IV - OTHER PQWR5 OF CONSOLIDATION
OFFICERS
37. CorrsoiiJ&ofiCfScer h<d z y j : F r S t a zci,:ngunder his P ~ ~ ~ r s o f o K c -
lo
order may, in the discharge of any duty under this Act. enter upon and
upon land Cur
survcylandanderectsurveymarksthereonanddemmare~heboundaries purposesafrur-
rh=,-,cf and de z!! ciher ZC!S fiec~ssy-yf e y the 3-m-rg.rfnmenr.~:nf vcb. dczzT-
t h X dury. ca~ion.

,327. If any person wilfully destrop Or injures Or without P,,dify for de-
((I)
lawful authority removes a survey mark, lawiuliy erecled, he may bt: srn~cr~r~n,injury
or removal of
1. EaisGr;g ziavisir;;; of :=do;; 34 r e ~ z b = : e das sub-sc!ic:: (3) by Pmjnb Prc survey marks.
23 of 1950, szciiorl4.
h r the word "Pruvincial" by h a Adaptation of Laws Order. 1950.
1. Subs~iru~ed
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HOLDINGS (CONSOLIDATION AND [f 948 :EAST


h.ACT50
'91 PREVENTION OF FRAGMENTATION)

ordered by a Consolidation Officer to pay such fine not exceeding fifty


rupees for each mark so destroyed, injured or removed, as may, in the
opinion of that officer be necessary io defrzy the expenses of restoring '
the same and of rewarding the person, if any, who gave information of
the deslmction, injury or removal.
45 of 1 8 a (2) The imposition of a fine under this section shsll not bar
a prexecutiol~under srctiun 434 of iht- Indian Pend Code.

Report of de- 39. Every village officer of an estate shall be legally bound to
sim~clionor re- furnish a Consolidation officer with infomati on respecting the destruction
rnovalOr i n j v or removal of, or any injury done to, any survey mark kwfully erected
to suvey math.
in the estate.
Power of con- 40. ( 1 ) A Consolidation Officer or a SetrIement Officer
solidmion Of- (Consolidation)may summon any pcrson wh we attendance he considers
'jeer Or Se'cie- necessary for the purpose of any business before him as a Consolidation
ment Officer
(Consolidalion) Officer or a Settlement Officer (Consolidation).
ta summon per-
sons.
(2) A person so summoned shall be bound to appear at the
time and place mentioned in the surilmons in person or if the summons
so allows, by his recognised agent cr a legal practitioner. I

(3) The person so attending iqohedience to the summons


shall be bound to state the truth upon any mailer respecting which he i s
examined or rnakc statements and to produce such documents and other
things relating to any such matter as the Consoli&tian Officer or the
Settleaent Officer (Consulidation) may xquirc.
, ,,;T:E 3 F C ~ S O~;j;~r~2z&
!T(/! ~ under ~ ~ ~ - z e . ~ ; 1) n !z, .+i thout
i o f& <
good causc, to attend or to produce any document or other thing which
hc may bc rcquired to produce, he shall be liable, at rile discretion of the
Consolidation Officer or the Settlement Officer (Consolidation), as the
---A
LGhG 11lUJ
k^
<+-dl .\r q-
- -.-
.,. - -.-,-
4 ,mi'-
--...---C- ---1..
;-<iLi-wll ALiU
.,.,*,-,-.,,
-,--WE#-
- ..-.-...,.-:----,.
*"
k-d i l l b y
-,-a
b
A".

2 peEQr!i ~ ! ! ~ e $hge
rv--- ---
& r r ~I rC ;YdY~Yr%..UC
A .V
l
thqf nn
I."
c l l r : , fqnp
"YY1. ...a V v-...--
v = .i-.an - r r \ n c ~ r lr\n
s h u l l I"I

-
;;;;;;zECA7.=d!Q s ~ z z ~7
d ~ 1 p !c ~T~~~~~ c ~ dr:;rx:zt ~
EEL~
--
pr~ &:r ~
J
~

thing within i l l ~lit~litsof the r s i h i ~in :vilich he ordinixily resides,


holds or cultivates land!.

I . Addcd by Punjab Act No.8 of 1952, section 2.


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1948 :E ~ s Prr.
r ACT50) HOLDWGS (CONSOLIDATION AND 193
PREVENTION OF FRAGMENTATION)

CHAPTER V GENERAL -
41. ( I ) The '[State] Government may for the administration of Appin~mcntor
this Act, appoint such persons as i t thinks fit, and may, by notification ofFit-ers and
, delegate any ofits powers or functions under this Act to any of its officers s'aff and dcl-
' eirher by name or dcsignation.
egation of
powers.
(2) A Consdidation Officer or a Sertlemcnt Officer
(Consoii&aiii>n)::my, sith i11c saiiction cf thc ![S!n~e: Governmen;,
delegate any of its powers or functions under this Acl to any person in
the service of the '[State] Government.

242. The '[State] Government may at any timc forthe purpose of ,,OP of .5talc
satisfying itself as to h e legality or proprieiy of l[any order passcd, Government to
scheme prepared or confirmed or repartltion made by any officer under pro-
ceding.
this Act), call for and examjne thc rccord of any case pending before m
disposed of by such offjcer and may pass such order in reference thereto
as it thinks fit :

1. Substibtcd for the word "Provincial"by Lhc Adapnkjon of Laws Order, 1950.
2. Seclion 6 of Punjab ACLNo. 27 o f 19m reads as faflows :-
Validation :- Notwithstanding anylhing ro the contrary conrained in any
judgment d c m c or order of any court,-
(a) where in any scheme, made hefore the commcncement of this Acl,
land has h a rexrved far rhc Panchayat of !he village concerned for
__._
;.:i:ising Ler. i ~ c c l !~h er z f . cr
-

(b) where before strch wmmcnccmenr h e Slate Governmen! or any


aulhorip to whom ii has delegated its p w e r s has passed an order
under section 42 of the principal Act revising or rescinding a scheme
~:zp:t'l' nr repartition made by any officer under that
TV r~?!:fir~er!
AGL,
such ~ L W Ibliiljn ~f i ~ i E
di ;& G C ; ~ = :2s
, :he ~ l v r _p?zy h.,
fllall hc deemeu ro
:z :;&3. ;;?.d - y v ST:?!: r ~ k ~ ~
r r?Q?
rT ~~P : &a!! not he questionedn n the ground
1h3: z ~ c hTECTYD~~OT! ef land could nrlt l x nlade or. as h c case may be, that
under scction 42 of the ~rincipidAct. the State Cuvcrnment or such aulhority
had nn p"."? ?C pefs s ~ r h
arder.

3. Subs~irutedfor words "any oidet passed by any officer under this AcP' by
Punjab Act No. 27 o f 1960. and shall be dwrncd always to havc been so
subsrituted.
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194 HOLDINGS (CONSOLmATION AND [I 948 :EASTPB.ACT 50


PREVENTION OF FRAGMENTATION)

Providd that '[no order, scheme orqmtition shall be variea orreversed


without giving the parties interestd notice to appear and opportunity to be
heard '[except in cases where the Stale Governtnent is satisfied that the
proceedings have k e n vitiated by unlawful consideration].
Appeal and Re- 43. Except as provided in tlis Act no apgeal or revision shall Iic
vision. from any order passed under this Act.
Correction' of 3[43A. Clericai or arithmetical mistakes in a scheme made, or
clerical errors- an order passed by any officer, under this Act arising from any accidental
slip or omission may at any time be corrected by the authority concerned
ejther of its own motion or on the application of any of the parties].
Jurisdiction of 44. No civil court shall entertain any suit instituted or application
Civil Court made, to obtain a decision or order in respect of any matter which the
barrcd as rc-
4[State] Government or any officer is, by this Act. empowered to
gards mattcrs
arising under deterrninc, decide or dispose of.
this Act.
Public servants 45. No suit or other iegal proceedings shall be maintained in
indemnified for respect of the exercise of any powers or discretion conferred by this Act,
act done undcr against any public servant or person duly appointed or aut horised under
this Act. 1
this Act, in respect of anything in good faith done or purporting to be
done under the provisions thereof or the rulcs made [hereunder.
Power to make 46. (11 The 4[State] Governmelit may by notiillcation make 'rules
rules. for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of
the foregoins power, the 4[State] Government may make rules
:.2::e fimJi
n-~xr;+n"
=:.J:
.-.,- -

( a ) the manner of publication under sub-section (2) of


section 4, sub-section (i) of section 14 6[x x x] section
19, sub-section (4) of section 20 and sub-section (1) of
.-
SCLtic:! L l i
m.

-.
; CVI~CI;IIIIP.-~
-4-d.-...>>... " n nrdp=
~
!!,l,:,..b
. 6,ii::j usri4-,;"
.---- -,I:,>,.,, ".-- N4). 77
P.--:-- ,,L 3 41:

1960, and shall be deemed always l o have been so substituted.


?- inserted by Punjah Acr 2Ci of 1Y5j, seclioil4.
3. NCW section 43A insend b:; Punjab Act No.20 of 1959, sexlion 6.
4. Subsri~c!adfc: :he *::urd "Frelvieclz!'' by &e Aoap!adnr! ~f Laws Ordrr, 15-51?
5. - ~ r rules, Punjab
~ r scc E ~ S L C-overnmenlnolificalion No.10954-D49fl351,
datrd
8th December, 1949, East Punjab Goverrlment Gazelle, 1949, Tart 1, pp. 1070-
7 1, as subszquenlly amended.
6. The words "sub-secrions(1) and (7) of' omitted by Punjab Act 25 of 1962.
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1948 : EAST
PB.ACT501 HOLDINGS (CONSOLIDATION AND 195
PREVENTION OF FRAGMENTATION)

(bJ the manner of giving public notice under sub-section


(3) of section 5 ;
(cj the mczner cf giviag nc:ice undz: s~b-scctioa(2)of
section 6 ;

i ~&j i:i 7 : ~ f i f i a - i~ ii':i~ii,L x~a


is ifi& I - ~ ~ ~ ijild~.:'
I ~ v ~ : <
section 18 and the manner in which it is to be dealt with
and also the manner in which the village aha& is to be
given to prqprietors and non-proprietors (including
Schkdulel castes, Si-kh b~-ckwardr.!asse-s. xaisms anc!
labourers) on payment of compensation w otherwise;
Ifl the manner in which compensation recov'erablefrom any
person under sub-seclion (3) of section 23 shall be
deposited by,him;
'Iff3 the fees to be paid in respect of appeals and applications
made under this Act, the documents which shall
accompany such appeals and applications and the period
within which applications shall be fiIedj.
(g) the guidance of thr Consolidation Officer in respect of
the transfer of a lease, mortgage or other encumbrance
-

under section 26;


(h) the manner in which the area, and assessment (including
water-rate, if any) of each reconstituted holding and
tenancy shd1 be determined;
(i) the appointment of guardians adlilem for minors;
ii) generally for the guidance ofthe Consolidation Oficer
and other officers and persons in all proceedings under
this Act; 2nd
(k) any other matter which j s to be or may be prescribed.
( 3 ) AII rules made under this section shall be subjjecr l o the
condition of previous pub!icatinn.
47. The enactments mentioned in the schedule are hereby repealed. Repeal.

I . New clnusc ( f f ) inserred by Punjab Act 20 of 1959, secrion 7.


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HOLDINGS (CONSOLIDATION AND 11948 : EASTPB.ACT50


Ig6 PREVENTTON OF FRAGMENTATION)

SCHEDULE
(See Section 47)
Enactments Repealed

Year Nu. Sliort title

1936 ...IV The Punjab Consolidation of Holdings


Act, 1936.
1940 ...IX The Punjab Consolidation of HoIdings
(Amendment) Act, 1940.
1945 ...II The Punjab Consolidation of Holdings
(Amendment) Act, 1945.

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