The EAST PUNJAB UTILIZATION OF LANDS ACT, 1949

1949 : East Pb. Act XXXVIII) UTILISATION OF 449 LANDS THE EAST PUNJAB UTILISATION OF LAND, ACT, 1949. S TABLE OF CONTENTS. Sections. Short title, extent and duration. Definitions. i’ower to take possession of any vacant land. Payment of compensation. Lease by Collector. Power of Collector to determine lease in certain cases. Delivery of possession on termination of lease. Penalty for failure of the temant to grow food or fodder crops. Omitted. 10. Sums due recoverable as arrears of land revenue. 11. Power of Collector to use force for securing compliance with his order. 12 Delegation of functions. 13. Instrument of lease not necessary. 14. Appeals and Revision. 15 Debar to suits or legal proceedings. 16. Power of Government to make rules. 1949 : East Pb. Act XXXVIIL] uniLizatioy of LANDS 451 'THE EAST PUNJAB UTILIZATION el ACT, 1949. RF, Kals _(E_x p G l u e ' b n l a e i r z s a m h l e d d i o i m n n r t y s t h s h ) e e e n t E o 2 a b f 2 g f n t N d H o i P v s u N e o n m v j b e a E e m b x r c b e e l 2 G r l 6 e , o , n v cy e } 1 r 1 9 9 n 4 4 t 9 m 9 h . 6 e ; ] n t g z G ? a e z % e : t ; t t e - 3 7 Year No. Short title Whether repealed or otherwise affected by legislatisn 1949 XXXVIIT East Punjab Utili- Amended in part by the Adapta- A Z c a t ti , o 1 n 9 o 4 f 9 Lands Am ti e o n n d o e f d L a in w s p a O r r t d e b r, y t 1 h 9 e 5 0 Adapta- tion of Laws (Third Amend- ment) Order, 1951 Amended in part by Punjab Act XIof 19512 Amended in part by Punjab Act XXXII of 19533 Amended by Punjab Act No. XXXIX of 19564 Amended by Punjab Act No. XXIV of 19575 ) Extend:d o the teritories which, immedialy before the Ist November, 1956, were compriszd in the State of Patiala and gast Punjab States Union, by Punjab Act No, Vof 19598, Amended by Punjab Act No. I of 19607 Amended by the Punjab Re- ! organisation (Chandigarh) ! (Adaptation of Laws on State ‘| &l{gd Concurrent Subjects) Order, 68, An Act to provide for the utilization of lands in $[Punjab]. It is hereby enacted as follows — : 1. ({) This Act may be called the' ‘East Punjab Short title, extent Utilization of Lands Act, 1949, and duration. 1For Statement of Objects and Reasons, see East Punjab Governnent Gazette ( L E e x g t i r sl a a o t r i d v i e n a A r s y s ) e , m 1 b 9 l 4 y 9 , D e p b a a g t e e s 1 , 1 3 V 0 o , lu fo m r e p I r V o , c e 1 e 94 d 9 i , n gs P a i 3 n 3 s t ( h 8 e ) 6 A 1 s — s ( e 8 m ) b l 6 y 3 , , see East Pupab o t r iv d e i na A r s * y s F ) e , o m r b 1 l S 9 t y 5 a 1 t , e D m e p e b a n a g t t e e o s f 9 , 3 , O b V j f o x or c l t u p s r m o a e c n e d I e I d R I i , e n a g s s o 1 9 n i 5 n s 1 , t , h s e e z A P s u 2 s n 2 e j 3 m a b b l ( y 2 , G 1 o ) s 1 v 2 3 e 2 8 r — n ( P m 2 a e 1 a n ) j t 1 i 5 b 2 G . a S z t e a t ( t t T e e h is ( Ex i t s r A l a c a t - - repealed Punjab Ordinance No. XV of 1950). o b r ly d in D a e r b 3 y a F ) t o , e r s 1 , S 9 t 5 a 3 1 , 9 t 5 e p 3 m . . e 1 n 6 t 4 , o f O f b o j r e . p c r t o s c a e n ed d i n R g e s a s i i n n s A , s s s e e m e b l P y u , n j “ a s b ze P G a o n v j e a r b n m L e e n g t is G l a a z t e iv t e t e ( E A x s t s r em a - - 4For Statemenotf OVj:cts and Reasons, see Punjab Goyernment Gazette (E ctraordinary) 1956, pages 1078-79. sFor Stztemeg;oof Objects and Reasons, see Punjab Government Gazette Extraordina e 680. il lfl?]’:or rgt)axt):rient of Objects and Reasons, see Punjah Government Gazette (Extraordinary), 1958, page 1487, 7For Statems;lt of (i).;,izscm and Reasoas, see Punjob Government Gazette iExtraorditnary), 195 9, Tpa ge v 472. ords. “Enst Puni i al” by Adaptation of : L aws (Third Amendment) Order, 1951, = 432 UTILiZATION OF LANDS [1949: East Pb. Act XXXVHI (2) It extends to the whole o_f the [Union terriroy of Chandigarh]. i @3 ot ¥ ¥ kK¥ Definitions. 2. In this Act, unless there is anything repugns in the subject or contextl,l— " . ) “Allottee” has the meaning assigned ¢, @ under the East Punjab Displaced Persons (Lan‘;%,ah& Resettlement) Act, 1949. Isgh (b) “Collector” means Collector of the district where the land is situated. . (c) “Custodian” has the meaning assigned to it in the Administration of Evacuee Property Orgi. nance, 1949. . (d) “Evacuee land”” means land which has vesteq in the Custodian under the provisions of the Administration of Evacuee Property Ordinance, 1949. (¢) “Land” means land which is not urban land and is not occupied as the site of any building in a town or village but does not include land which is leased by Government or Cusrodian under any law other than this Act. (f) “Owner” means a person having a proprictary right in the land and includes an allottee, a usufructuary mortagagee or a lessee, (g) “Prescribed” means prescribed by rules made under the Act. (h) “Tenant” means a person to whom land is leas- f{i by the Collector under the provisions of this ct. () “Urban land”” means all land included within the limits of a Corporation, Municipal Com- mittee, Notified Area Committee, Town Area, Small Town Committee and Cantonment. Power fo take 3. 3(]) Notwithstanding any lawto t ntrary, the D mal ¥ Collector may issue notice .togthe ):)wner(:)fhaen; (iand \!‘{Vhi‘;h has not been cultivated for the last six or more harvests show cause, within thirty days of the date of the service 0 such notice on him, why the land has not been cultivated and in case the Collector does not find the explanatiol to be satisfactory, he may take possession of the lan forthwith for the puposes of the Act : iSubstituted for the words “Statc of Punjab’ by the Punjab Reorganis?tio® gglfil;nd'mh) (Adaptation of Laws fm Sta[a: al;)é C:ncufli:'s“"j”“) Ot sSub-sectlon (3) which reads as follows : Was om * ‘ m S I i u t b t s t s t e h i a d t l u l b t y ed r P e b u m y a n P i j u n a n b j i a A n b c f t o A r c X c t e 1 N f o o o . r r t 3 ; 9 v tw o g o f s i 19 a 5 g 6 l , g :né.‘e 4 i maies cement” 1949; East Pb. Act XXX VIIl| UTILIZATION OF LANDS 453 Provided that the Collector may take i the land without issue of notice, if, in hyis opinig:,s i;sefig?vng thereof has been wrorgfully shownin the revenue records to have cultlvateq the land which in fact has remained ;r:tcrl;lt]wated for six or more harvests prior to such wrong 2) ‘The notice required by sub-section (1) shall be deemed to be duly served if delivered at, or sent by post to, the usual or last known place of residence of the owner : Provided that no notice shall be deemed to be invalid on the ground of any defect, vagueness or insufficiency. '[4. Where possession of any land has been taken Payment of com- under the last prceding section, compensation shall be Ppensation. paid in accordanwciteh the provision of section 23(J) of the Land A cquisition Act, 1894 (Act No. 1 of 1894): Provided that from the compensation the Collector shall be competent to deduct the expenditure, if any, incur- red in relation to any preliminary process incidental to the utilization of the said land or in connection with any ad- ditional staff or services rendered necessary for such ufiliza- tion and computed in ths manner prescribed. The balance shall be paid to the person who in his opinion is entitled to receive the same without prejudice to the rights of any other person whomay belaw fully entitled to claim it.] 5. Where the Collector has taken possession of any Lease by Collector. land under section 3, he may lease it to any person on suc terms and conditions as he may deem fit for the purpose of growing food and fodder crops : ?[Provided that the period of lease shall not be less than 7 years or more than 20 years.] 3[6. (1) Ifapersonto whomland has been leased under Power of Coliector section 5 commits a breach of any of the terms and condi- to determine lease in certain cases. tions thereof, the Collector shall, without prejudice to any other right or remedy against him, have the power to deter- mine the lease and take possession of the land. (2) Where lease has been determined by the Collector, the lessee shall not be entitled to any compensation.] 1Substituted for section 4, by the East Punjab Utilization of Lands (Amend- ment) Act, 1953, section 2 (Punjab Act 32 of 1953). 2Substituted for the old proviso by Punjab Act XI of 1951, section 5, 3Section 6 omitted by Punjab Act XI of 1951, sectlon 6, “but now section 6 inserted by Punjab Act No. 24 of 1957, 454 UTILIZATION OF LANDS [1949 : East Ph, Ac XXXVI[] Delivery of possas. 7. (1) Where any land taken possession of 33: of 153"5'?'"*!‘ Collector under section 3 is on the exXpiry of ¢p, }ilhc ¥ % x o 1x e x % {0 be returned to the owner, (pe Coe]?s° tor may after making such inquiry, if any, as pe COnsidec' necessary, specify by order in writing the person to wh;rs possession of the land shall be given. M (2) The delivery of possession of the land to the pe son specified in any order made under sub-sectiop 0)) Sharfi be a full discharge of the Collector from all liability {y Tes pect of such delivery but shall not prejudice any rightg j'; respect of the land which any other person may be entitleq by due process of law to enforce against the person tq Whom possession of the land is so delivered. (3) Where the person to whom possession of any land is to be given cannot be found and has no agent or other person empowered to accept delivery on his behalf, the Collector shall cause a notice declaring that the land released to be affixed on some conspicuous rart of the land . (4) On issue of the notice referred to in sub-section (3) the land specified in the notice shall be deemed to have been delivered to the person entitled to the possession there- of, and the Government or the Collector shall not be liable for any compensation or other claim in respect of the land for any period after the said date. Penalty for failure 8. Where the tenant fails to grow food or fodder crops ofthe lemaat0 o1 the land leased to him, he shall besides the payment of fodder crops. rent fixed under section 5 be also liable to pay a penalty not exceeding twice such rent. 9, ¥ k *x 2% % % S ums due Tocoser. 10. All sums due under this Act from the owner or fand rovemve.' tenant shall be recoverable as arrears of land revenue. P s o e w c e ur r i n o g. f C e o e li w e o c r to r steps 1 a 1. n d T h us e e C o o r l l c e a c u t s o e r t m o a b y e t u a s k e e d o s r u c c a h u f s o e r t c o e b a e s t m a a k y e n i n s u h c l h : o l r i d a e n r c s e . with his w o i p t i h n i a o n n y b or e d e r r e a m s a o d na e b b ly y h n i ec m e u s n sa d r e y r t f h o i r s A s c e t c . u ring complianc Delegation of func- 12. The Collector may delegate all or any of lfi: tions. powers and functions under this Act to any officer of : Revenue or Rehabilitation Department in his district eith by name or designation, - section T 7 h . e words “o i r its earlier termination” omitted by Punja = b Act XI of! 951, 2Section 9 omitted by Punjab Act XT of 1951, section 8. 1949 : East Pb. Act XXXvIIy) UTILIZATION OF LANDS 455 13. . NotwiVtihthsst anding anyyttphi;n g cont i i e f f o f r e c t t h e t o t i a m l e e a b s e e i n b g y i t n h e f o C r o c l e l , e n c o to i r n u s n t d r e fi y me t n h t e ?r A ll c m\ t aa c s rl h r a i: l ? l n g Itlg i i t wm?’m stamp, attestation or registratjon, Sire by t 1 h 1 e 4 . Co ( l 1) l ec A t n o y r p m e a r y s , o n w i . t aa h gg i e n r i fi e f v t e e d e n b d );y a s n f o r r o d m er t]%afisaig oo : m of a y s u a c l h lo ; o v. r d f e o r r , g o g r a s s o u ; c ls h lo ht n o g e b r e p r e e r c io o d r d a e s d t i h n e C wr o i m ti m n i g s , si pr o e n f e e r r an appeal in writing to the Commiss; ivision i which the land is situate, sefier. of Divrsion i Explanation.—In computing the period of fifteen d the time taken in obtaining a certifigd copy of the o:ly;: appealed against shall be excluded. © (2) On such appeal being preferred, the Commis- sioner may order stay of further proceedings in the matter pending decision on the appeal. (3) The Commissioner shall decide the appeal after giving the parties an opportunity of being heard and, if necessary, after sending for the records of the case from the Collector and after making such enquiry as he thinks fit either personally or through the Collector. (4) The 2[Central Government] or the Financial Commisioner authoriscd by it in this behalf, may, at any time, for the purpose of satisfying itself or himself as to the legality or propriety of any order passed by any officer under this Act, call for and examine the records of any case pending before or disposed of by such officer . and may, after giving the parties a reasonable opportunity of being heard, pass such order in reference thereto as may be deemed fit. 5) Except as provided in this Act no order made or actio(n )taken 11:1 exercise of any power conferred by this Act shall be called into question in any court or before any officer or authority.], ings lsi . a ll(lb?e N i o ns t s i u t i u 0 t t , edp p a r g o a s i e n c s u t t 3 i o a n n y o r p o e t r h s e o r n le f g o a r l a p n r y o t c h e i g n d g . DD e e! g b a a l r art p t r o o c Ss e uu e i d it i s n oort which is, in good faith, done or intended to be done under this Act. 1Substituted by Punjab Act No. 1 of 1960, section 12. 1‘;‘;‘; (Cha S n u d b i s g t a i r t h u ) t ed ( Ad f a o p r t t a h t e i o w n o rd o s f «S s t L a a t w e s G o o v n e S r t n a m te e n a t n ” d b y C o t n h c e u rr P e u n n t j S a u b b j R ec e t o s r ) g a O n r i d z e a r, - 456 UTILiZATION OF LANDS [1949 : East Pb. Ac¢ XXx (2) No suit or other legal proceedings shaj) lie agaj the 1[Government] for any damage caused b anygpt which is, in good faith, done or intended to be done u“dng this Act. e Poweorf Govern- 16. The *[Central Government] may by noific,: Tt0 0 mako make 3rules fo£ carrying out the provisions of thjg Ac?tlon e Substituted for the word “Crown” by the Adaptation of Laws Order, 195, . *Substituted for the words “‘State Government”’ by the Punjab Reorgap; ‘ign (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects &selsra 68 ; 3Forr ulseee Psunj,ab Government Notification No. 1763‘FP'50/786, dueg 20th February, 1950, -