Section 1
or subjections to any manufactur-than as described in ns to any manufa
1 or subjections to any manufactur-than as described in ns to any manufa
than as described in
any forest-produce than as described in
of any forest-produce
i
g of trees or timber or the collection
bjections to any manufactur-
pasturing or retention
sheep *[goats and
cattle.
*5.A. In respect of areas notified under section 3 Foer 0 requin
rally or the whole or any part of any such area, the works and tak-
easures.
(d) the admission, herding,
of cattle generally other the admission, herding,
of cattle generally other th
or of any class or of cattle generally
camels], or of any class or
cattle. camels]
cattle. sturing or retentio
an sheep *[goats and
riptions of such an sheep *[goats
descriptions of such
*5.A. In respect of areas notified under section 3
generally or the whole or any part of any such area, the works
ral Government] may, by general or special order, "8 of r 0
and tak-
asures. generally or the whole or any part of any such area, t
[Central Government] may, by general or special order,
irect— works and ta
"8 of measures. [Centra
direct—
(a) the levelling. terracing, drainage and embank-ing of fields;
the levell
ing of fields;
(b) the construction o
nes; ravines;
{ earth-works in fields and
ravines;
(c) the provision of drains for storm water;
bv the Puniab «gtate Government" State and Con- tion of Laws on bv the Puniab
te Government" State and Con- tion of Laws on 1Suhstituted for the words
n (Chandigarh) (A 1Suhstituted for the wor
Reorganiscation (Chandigarh) (Adapta
rent Subjects) Order, 1968. Reorganiscation (Chandigar
current Subjects) Order, 1968.
ermanently
eection 3.
2GQubstituted for the words "for bona fide
s" by Punjab Act IV of 1905. .
domestic 2GQubstituted for the w
purposes" by Punjab Act IV of 1905.
e words "and
Punjab Act VII of
. . ent Subj
2The words "or permanently
eection 3. 2The words
1628, eection 3.
GQubstituted nj
c .
ic .
or agriculture » were: omitted by
oses" by Punjab Act IV of 1905.
4Substituted for the words "and goats" by Punjab
ion-4(c). 4Subs
section-4(c).
Act IV of 1044,
ion-4(c).
tInserted by Punjab Act IV of 1944, section 5.
(d) the protection of land against the action of wind or water:
the trainin
(e) the training of streams; and
(f) the exccution of such other works and the carry-
other measures as may, in the the exccution of such other works
ing out of such other measures as may, in the
'[Central Government], be necesing out of such other
opinion of the '[Central Government], be neces-
for carrying out the purposes of this Act] opinion of the '[Central Government], be neces-sary for carrying out the purposes of this Act]
or water: (e) the training of streams; and
of such other w
gecu;sséty for 6. Every order may under '[sections 4, 5, or 5-Al
the *[Official Guzette] and shall set gulation,
iction, o
bition - t for 6. Every order may under '[sections 4, 5, or
T chall be published in the *[Official Guzette] and shall set
pro« .
be forth that the '[Central Government] is satisfied, after due gulation
triction,
hibition T
or pro«
to be .
is gulation,
triction, or
hibition - to T chall be publ
o« .
be forth that the '[Central Government] is satisfied, after due
, restrictions, '"[prohibitions or hibition - to be forth that the '[Central Government] is satisfied, after due
reclted oy o2 inquiry, that regulations, restrictions, '"[prohibitions or
divections] contained in the order are necessary for the reclted oy o2 inquiry, that regulations, restrictions, '"[prohibitions or
tions 4, 5 or 5-A, divections] contained in the order are necessary for the
Publication of pyrpose of giving effect to the provisions of this Act. tions 4, 5 o
Publication
order, , divections] contained in the order are necessar
of pyrpose of giving effect to the provisions of this Act. Publica
order,
e s-
nirofi csi:%;s ::3 r;:;-
b R fi csi:%;s ::3 r;:;-
b R pensation
gg?it;'é for pensation
gg?it;'émod;;: hibitea.
order,
Proclamation of
regulations, res7.
n (1) When, in respect of any °[* *] area, a notifi-
s been published under section 3, and— Proclamation of 7. (1) When, in respect of any °[*
regulations, res-cation has been published under section 3, and— P, e niro-
(a) upon such publication any general orde
:
plicable to such
(b) any special order under "[sections 4, 5 or 3-Al,
in respect of such area, any special order under
is made in respect of such area,
ll cause publi
the Deputy Commissioner shall cause public notic
provisions of such general or special order to be given, and
s of any such order restrict or #[prohibit the provisions of such general or special order
if the provisions of any such order restrict or #[prohibit the
ise of | any existing rights, shall also publish in the if the provisions of any such order restrict
syercise of | any existing rights, shall also publish in the
in every town and village the syercise of | any existing rights, shall al
language of the country and in every town and village the
any portion of the area within language of the country and
boundaries of which include any portion of the area within
exercise of any such rights is so resboundaries of which include any portion
or over which the *[exercise of any such rights is so res-
or prohibited] a proclamation stating the regulaor over which the *[exercise of any such rights
tricted or prohibited] a proclamation stating the regula-
d prohibitions which have been imtricted or pro
"iom, restrictions and prohibitions
within th n stating
which have been im"iom, restrictions and prohibitions
nosed, by any such order, within the limits of such area or
(a) upon such publication any general order, made
under section 4 °lor scction 5-Al becomes apupon such publication any general order, made
under section 4 °lor scction 5-Al becomes applicable to such area; or
: is made in respect of such
the Deputy Commissioner shall cause public notice of the
or special order to be given, and
15ubstituted for the
(Chandiga words "State
ati Covernment" by
on St the Punjab
on15ubstituted
Reorganisation (Chandigarh)
bjects) Order, 1968 "State Covernment" by the
(Adaptation of Laws on State and ConReorganisation (Chandi
current Subjects) Order, 1968,
ubstituted for "section 4
ion 7(a).
sSubstituted for the word "Gazette" by the
of Indian Laws) Order, 1937. sSubstituted for the word "Gazett
(Adantation of Indian Laws) Order, 1937.
4Substituted for the words "or prohibit
ent Subjects) Order, 1968,
2Substituted for "section 4 or section 5" by Punjab Act 1V of 1944,
» section 7(a).
sSubstitut ,
»
Government of India
Adantation of Indian Laws) Order, 1937.
4Substituted for the words "or prohibitions" by Punjab Act IV of
ion T(b). 4Substitut
1944, section T(b).
he word "Loc o
-
. .
eInseried by
Inseried .
Inseried by Punjab Act TV of 1944, section 8(b). Inseried by ]
for "section 4 or section 5" by Punjab by a
]
section T(b).
5The word "Local" was omitted by Punjab Act TV of 1944, section 8(A).
S eI
I .
ie
i
Act 1V of 1946
ion 8(0). .
*'SuI'Js'.Ituted for the word "extinguish" by Punjab Act VII of 1926,
on 4. *'SuI'Js
tion 4.
B -
8(
S eInseried by Punjab Act TV of 1944, sec
Inseried by ]
7Substituted for "section 4 or section 5" by Punjab
ion 8(0). . 7Substitut
cection 8(0).
*'SuI'Js'.Itu j
a
tion
B
oSub on 4.
uted for the words "any such rights or so restricted or ex oSubs!it ;
uished" by Punjab Act 7 of 1926, section 4. ; B uted for the words "any such rights
oSubs!it ;
tinguished" by Punjab Act 7 of 1926, section 4.
¥
i R
y ¥ R in any part or parts thereof, fixing a period of not less than
from the date of such proclamation, and re-
in any part or parts thereof, fixing a period
{hree months from the date of such proclamation, and re-
every person claiming any compensation in respect {hree months from the date of such proclamation, and re-quiring every person claiming any compensation in respect
so restricted or prohibited, within such period quiring every person claiming any compensation in respect
of any right so restricted or prohibited, within such period
to such officer a written notice specifying, of any right so restricted or prohibited,
cither to present to such officer a written notice specifying,
before him and state, the nature and extent of cither to present to such officer a written notice specifying,
or to appear before him and state, the nature and extent of
and the amount and particulars of the compenor to appear before him and state,
such right and the amount and particulars of the compen-
if any) claimed in respect thereof. such right and the amount and particulars
sation (if any) claimed in respect thereof.
Any claim not preferred within the time fized in
ed that, with the previous sanction of the Com-mmissioner may admit any such
Co he previous sanction of the C
mmissioner may admit any such
in such period. mmissioner may ad
de within such period. Provid ed
Provid
missioner, the Deputy Co
had been ma d
missioner,
claim as if it had been ma
[7-A.
e (1) When an order has issued under section
Commissioner may by notice require the [7-A. (1) When an order has issued under se
5.4, the Deputy Commissioner may by notice require the
and to execute such works or
occupier of the 1 ner may by notice require
and to execute such works or
be specified in the notice. 5.4, the Deputy C
owner or occupier of the 1
take such measures as may and to execute such w
owner or occupier of the 1
take such measures as may be specified in the notice.
Every such notice shall state the time within
A person aggrieved by an order contained in such
I and in so far as an objection under this - sec-
(1900 : Ph. Aet N
1f the objection is brought on all or any of the
() that the notice might lawfully have he«tn sery. ed on the occupier of the land in question
stead of on in. ed on the occupier of the land in question in. stead of on the owner, or on the owner instead of on instead of on the o(»(vnpinr. and that it would have been equitable for it to have been so served; and that it would hav
equitable for it to have been so served;
that
so served; (b) that some other person, being the owner, occupancy tenant, mortgagee with possession, op lessee, or possession, op lessee, or farm holder, or possessing some other right in or over the land to be or farm holder, or possessing some other right in or over the land to be benefited, ougnt to contribute towards the expenses the land to be benefited, ougnt to contribute towards the expenses of execut. ing any works or taking any measures requirtowards the expenses of execut. ing any works or taking any measures requir- ed; ed;
(¢) where the work or measure is work or measure for the common benefit of the land in uestion
where the work or measure is work or measure for the common benefit of the land in uestion and other land, that some other person for the common benefit of the land in uestion and other land, that some other person baing the owner or occupier of land to he land, that some other person baing the owner or occupier of land to he benefited, ought to contribute towards the owner or occupi
ought to contribute
executing land to he benefited,
towards the expenses of
or taking any contribute towards th
executing any works or taking
required; of
any measures required;
the objector shall serve a copy of his notice of objeetion on each other person referred to, and on the hearing bjector shall serve a copy of his notice of objeetion on each other person referred to, and on the hearing of the objection the Deputy Commissioner may make such r person referred to, and on the hearing of the objection the Deputy Commissioner may make such order as he thinks fit with respect to the person by who jection the Deputy Commissioner may make such order as he thinks fit with respect to the person by whom any
work is to be executed or measure is to be taken and contribution
rk is to be e thinks fit with respect to the person by whom any
contribution
work is to be executed or measure is to be taken and the to be made by any other person towards th executed or measure is to be taken and the to be made by any other person towards the
ork or measure, or as to the pro which
st of
De to be made by any other person towards
which
cost of the work or measure, or as to the proportions
any expenses which may become recoverable ia h
Depaty a
horne he work or measure, or as to the proportions ia
any expenses which may become recoverable by the Commissioner
under sub-section (6) are to enses whi
Commissioner
the objecto paty
horne ay become recoverable by the Commissioner
under sub-section (6) are to he by the objector and such other person: nder sub-section (6
and such other person:
n Provided that no such order shall be made unless the who is Tikely to be affected thereby has been given
Ferson Pr ovided that no such order shall be made unless the who is Tikely to be affected thereby has been given
nable opportunity of being heard. ho is Tikely to be affected thereb
a reasonable opportunity of being heard.
In exercising his power under this
ty Commissioner shall ha sub-section the ercising his power under this
Deputy Commissioner shall have regard— (a) as between
have regard— (a) as between an owner and an occupier, to the terms and conditions, whether contractual o between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works and measures required; and statutory, of the tenancy and to the na
the works and measures required; and
(b) in any case, to the degree of benefit to be deriv-
by the different persons concerned.
in any case, to the degree of
ed by the different persons concerned.
Notwithstanding anything to the contrary in any
Notwithstanding anything to
objection as aforesaid
n 18, if the person re-
Subject to such right of
Provided that it shall not be
1
*
*
*
*
If the cost of any work executed or any measure
If the cost of any work executed or any mea
§9) Every order issued under this
ished in such manner as may be section shall he §9) Every order issued unde
published in such manner as may be prescribed in the
his Act, and upon such publication rules ed in such manner as may be prescribed in the
made under this Act, and upon such publication
ll, unless the contrary rules made under
every person affected thereby shall, unless the contrary be proved, be deemed to have had due notice thereof.
Action
Central when
vernCentral Govern-
ment considers it desirable to take measures to re- late th asur
late
e th
e e e,
of such beds in
Central Governof such beds in
Central Govern- ment. Centra
ment.
The Deputy
Provided that no final order on any suqh objection shall be passed except by the Deputy Commissioner himself.
In making an order on objections brought under
For the purposes of this section, the expression
CONTROL OVER THE BEDS OF CHOS.
in measures to re- late th . s e e, (a) regulating the flow of water within
of such beds in venting . s
(a) regulating the flow of water within, and pre-
venting regulating the flow of water within, and pre-
venting the widening or extension of, such bed, or of
(b) reclaiming or protecting any land situate within the limits of such bed;
such Government, may, either proceed at once in manner in sub-section (2) provided, or, in the first instance, by notification specifying the nature and extent of the measures to be taken and the locality in and the time within
so taken, require all persures to be taken and the locality in and the time within
which such measure are to be so taken, require all persons possessing proprietary or occupancy rights
to themselves carry out in land sons possessing proprietary or occupancy
situate in such locality to themselves carry out the mea-
specified in such notification accordingly. situate in such locality to themselves
sures specified in such notification accordingly.
If the whole or any part of the bed of any cho
If the whole or any part of the bed of any cho
Provided that no such declaration shall be made in
shall affect, any land included within the
Provided that no such declaration shall b
respect of, or shall affect, any land included within the
of the bed of any such cho, which, at the date of the respect of, or shall affect, any land included within
limits of the bed of any such cho, which, at the date of the
n of the notification making such declaration, limits of the bed of any such cho, which, at t
publication of the notification making such declaration,
ted or culturable, or yields any produce of subpublication of the notification making such
is cultivated or culturable, or yields any produce of substantial value.
When the owners or occupiers of such locality
When the owners or occupiers of
The '[Central Government] may, from
The '[Central Government]
-
rights in the
ied area n the
notified
Punjab under . gection 8.
current Subjects
Order, 1968,
Pr *Substituted for the words “His Mejesty for the purposes of the
rovince” by the Adaptation of Laws (Third Amendment) Order, 1951.
-
-
!Substituted for
ganisation (Chan the word "State
igarh) (Adaptati Government" by the
Laws on State a !Substituted for the word "State Government" by th
Reorganisation (Chandigarh) (Adaptation of Laws on State and Con-
rent
jects),
er,
, Reorgan
current Subjects), Order, 1968,
r *Subst
rovince" uted for the words "His Mejesty for the purposes of the
by the Adaptation of Laws (Third Amendment) Order, 1951.
SThe words "either absolutely and in perpetuity or" were amitted by Punjab Act VIIT of 1926, section 2 4Substituted for the words "His
Majesty" by the Adaptation of
Punjab Act VIIT of 1926, section
4Substituted for the words "His
s (Third Amendment) Order, 19 4Substituted for
Laws (Third Amendment) Order, 1951,
\
/'
avea specified in the notification containing such'declara- tion at the time of the publication thereof, shall "[be sus. avea specified in the notification containing such'declara- tion at the time of the publication thereof, shall "[be sus. pended for the period specified in the declaration and at the time of the publication thereof, shall "[be sus. pended for the period specified in the declaration and for such further period (if any) to which such period may pended for the period specified in the declaration and for such further period (if any) to which such period may at any time be extended]: such further period (if
any time be extended]:
Provided that, as far as circumstances admit, such
rights of way and water shall
ne be reserved, in respect of
reasonrights of way and water shall be re
cvery such area, as may be necessary to meet the reason-able requirements and convenience of the persons (if any) cvery such area, as may be necessary to meet the re
able requirements and convenience of the persons (if any) who, at the time of the making of such declaration, posses-sed any such rights over such area. who, at the
sed any such rights over such area.
ower
ty of De-
C wer
ty
;rfe o
C g':i d'"d' ,:"d Power to taxe Passesslon of bed
'h vested i ass
'h
'he on of
vested
'ftf: ed
i
n ernment,
o
10, (1) The Deputy Commissioner shall, for the pur-
puty L » 1D
:
f uty C
puty L
ation i »
ec r
1D
o ty C : puty L » 1D gil;rfer to 3211?;7{ puses of every notification issued under su})—sectlo_n (_2) of to section 8, fix the limits of the area comprised within the stitutes s bea bed of the cho to which such notification is to apply.
Upon the publication of a notification containing
n
N
io .
io on
:
io ta
it (2) Upon the publication of a notification containing 'h vested i N . : . ;'hem::e'ftf: Gon any declaration under sub-section (2) of section 8, it shall ernment, be lawful for the Deputy Commissioner t under sub-section (2) of sectio
be lawful for the Deputy Commissioner to—
(a) take possession of the area specified in such de- claration; - :
claration; -:
(b) eject all persons therefrom; and -
(c¢) deal with such area, while it remains vested in ®[the *[Central Government], as area, while it remains vested in ®[the *[Central Government], as if it were.the
absolute property of *[the *[Ce [Central Government]
absolute property of *[the
ment]]. the
*[Central Government]].
Bar of compen11. No person shall be entitled to any compensation
. . . . . .
ng at any time done,
sation
Zone for
nger acts
sec_ .
n .
i .
i .
it .
i shall be entitled to any compensation sation for acts . . . . . . Zone unger sec_for anything at any time done, in good faith, in exercise of tions 8, 9 or 10.a1V Power conferred hy section ything at any time done, in good faith, in exercise of tions 8, 9 or 10.a1V Power conferred hy section 8, section 9 or section 10.
[Condition as to sale of land acquired under the
[Condition as to sale of land acquired under the Act and obligation of Local Government to keep account of moneys expended on such land.]—Repealed ion of Local Government to keep account of moneys expended on such land.]—Repealed by Act VIII of 1926, s. 4. of 1926, s. 4.
ISubstituted for the old clauses (a) and (b) by Punjab Act VIIT of
Roop's Law Assist