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  "id": "punjab-code-7148f091c34a8e75",
  "title": "PUNJAB LAND PRESERVATION ACT, 1900",
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  "text": "``  \r\n \r\nCONTENTS \r\nPreliminary \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nNotification and regulation of areas \r\n3. Notification of areas \r\n4. Power to regulate, restrict or prohibit, by general or special  order, within \r\nnotified areas, certain matters \r\n5. Power, in certain cases, to regulate, restrict or prohibit, by special order, within \r\nnotified areas, certain further matters \r\n 5-A. Power to require execution of works and taking of measures \r\n6. Necessity for regulation, restriction or prohibition to be  recited in the order \r\nunder section 4 or 5 \r\nPublication of order \r\n7. Proclamation of regulations, restrictions and prohibitions and admission of \r\nclaims for compensation for rights which are restricted or extinguished \r\n 7-A. District Officer (Revenue)’s powers  regarding execution of works or taking of \r\nmeasures \r\nControl over the beds of Nalahs \r\n8. Action when the Provincial Government considers it desirable to take \r\nmeasures to regulate the beds of Nalah \r\nVesting of such beds in the Provincial Government \r\n9. Effect of notification to suspend or extinguish private rights in the area notified \r\nunder section 8 \r\n 10. Power of District Officer (Revenue) to delimit the bed and to decide what \r\nconstitutes such bed  \r\nPower to take possession of bed when vested in the Provincial Government \r\n 11. Bar of compensation for acts done under section 8, 9 or 10 \r\n 12. Omitted \r\nPower to enter upon and \r\ndelimit notified areas and beds \r\n(II of 1900) \r\nTHE PUNJAB LAND PRESERVATION ACT, 1900 \r\n 13. Power to enter upon  survey and demarcate areas notified under section 3 or \r\nsection 8 \r\nInquiry into claims and \r\naward of compensation \r\n 14. Inquiries into claims and awards thereupon \r\n 15. Method of awarding compensation and effect of such award \r\nProcedure, Records and Appeal \r\n 16. Record-of-rights in respect of notified areas \r\n 17. Mode of proclaiming notifications a nd of serving notices, orders and \r\nprocesses, issued under the Act \r\n 18. Appeal, review and revision \r\nPenalties, bar of suits and rules \r\n 19. Penalty for offences \r\n 20. Application of provisions of Act XVI of 1927 \r\n 21. Bar of suits \r\n 22. Power to make rules \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB LAND PRESERVATION ACT, 1900 \r\n(II of 1900) \r\n[29 November 1900] \r\nAn \r\nAct \r\nto provide for the better preservation and protection of certain portions of the territories of \r\n2\r\n[Punjab] \r\n3\r\n[* * * * * * * * * * *] \r\n4\r\n[*  * * * * * *]. \r\n5\r\n[* * * * * * * * * * * * * *  * * * *] \r\nIt is hereby enacted as follows:– \r\nPreliminary \r\n1.  Short title and commencement .– (1) This Act may be called the Punjab Land \r\nPreservation \r\n6\r\n[* *] Act, 1900; and \r\n \r\n7\r\n[(2) It shall extend to the whole of the Province of \r\n1\r\n[Punjab] except  the Tribal \r\nAreas\r\n2\r\n.] \r\n                                                \r\n1This Act was published in the Government Gazette Punjab and its Dependencies, dated: 29 November 1900, pp. 19-23. For \r\nStatement of Objects and Reasons, see Punjab Gazette, 1899, Part V-A, p. 13; for Report of the Select Committee, see ibid., \r\n1900, Part V, p. 1; for Proceedings in Council, see ibid., 1899, Part VI, p. 14 and ibid., 1900, Part VI, p. 12. \r\n2Substituted  for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974) published in the \r\nPunjab Gazette (Extraordinary), dated: 20 November 1974, pp.1425 -A to 1425 -PP, Article 2 read with the Schedule: it came \r\ninto force on 14 August 1973. It was earlier substitu ted for the words “the Punjab” by the Punjab Land Pr eservation (West \r\nPakistan Amendment) Ordinance, 1963 (VI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 9 \r\nFebruary 1963, pp. 723 -724, s. 2; duly approved by the West Pakistan Provincial Assembly on 30 March 1963 which was \r\npublished in the Gazette of West Pakistan (Extraordinary) on the same day, pp. 1349-1350. \r\n3The words “situate within or adjacent to the Siwalik mountain range” were omitted by the Punjab Land Preservation (Chos) \r\n(Amendment) Act, 1942 (XI of 1942), published in the Government Gazette (Extraordinary) Punjab, dated: 21 November 1942, \r\np. 273, s. 2. \r\n4The rest of the expression contained in the ‘ long title’  “or affected or liable to be affected by the deboisment of forests within \r\nthat range, or by the action of strea ms and torrents, such as are commonly called chos, flowing through or from it” deemed to \r\nbe omitted being meaningless/redundant by virtue of omission of the words appearing before the said expression “situate within \r\nor adjacent to the Siwalik mountain rang e” by the Punjab Land Preservation (Chos) (Amendment) Act, 1942 (XI of 1942), \r\npublished in the Government Gazette (Extraordinary) Punjab, dated: 21 November 1942, p. 273, s. 2. \r\n5Preamble was omitted by the Punjab Land Preservation (Chos) (Amendment) Act, 1 942 (XI of 1942), published in the \r\nGovernment Gazette (Extraordinary) Punjab, dated: 21 November 1942, p. 273, s. 3.  \r\n6The expression “(Chos)” was omitted by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published \r\nin the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 2. \r\n7Substituted by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), published in the \r\nGazette of West Pakistan (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 3; duly approved by the West Pakistan \r\nProvincial Assembly on 30 March 1963 which was published in the Gazette of West Pakistan (Extraordinary) on the same day, \r\npp. 1349 -1350. It was earlier substituted by the Punjab Laws (Adaptation, Revision and R epeal) Act, 1954 (XV of 1955), \r\npublished in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87 -108, s. 2 read with the First Schedule. It was \r\nearlier substituted by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), pub lished in the Punjab \r\nGazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 2. It was earlier inserted by the Punjab Land Preservation (Chos) \r\n(Amendment) Act, 1942 (XI of 1942), published in the Government Gazette (Extraordinary) Punjab, dated: 21 November 1942, \r\np. 273, s. 4. \r\n   \r\n3\r\n[(3)] It shall come into force at once. \r\n2.  Definitions.– In this Act , unless a different intention appears from the subject or \r\ncontext,– \r\n(a) the expression “land” means land within any \r\n4\r\n[*] area preserved and protected \r\nor otherwise dealt within manner in this Act provided, and includes benefits to \r\narise out of land, and things attached to the earth or permanently fastened to \r\nanything attached to the earth; \r\n5\r\n[(b) The expression “nalah” means a stream or torrent flowing through or from any \r\nmountain range within the \r\n6\r\n[Province]; ] \r\n(c) the expressions “tree,” “timber,” “forest-produce,” and “cattle,” respectively, shall \r\nhave the meanings severally assigned thereto in section 2 of the \r\n7\r\n[*] Forest Act, \r\n8\r\n[1927]; \r\n(d) the expression “person interested” includes all persons claiming any interest \r\nin compensation to be made on account of any measures taken under this \r\nAct; \r\n9\r\n[*] \r\n(e) the expression “\r\n10\r\n[District Officer (Revenue)]” includes any officer or officers at \r\nany time spec ially appointed by the \r\n11\r\n[Provincial Government] to perform the \r\nfunctions of a \r\n12\r\n[District Officer (Revenue)] under this Act. \r\n13\r\n[(f) the expression “rightholder” includes– \r\n                                                                                                                                                  \r\n1Substituted  for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), published in the \r\nPunjab Gazette (Extraordinary), dated: 20 November 1974, pp.1425 -A to 1425 -PP, Article 2 read with t he Schedule: it came \r\ninto force on 14 August 1973. \r\n2This Act had also been extended to Dera Ghazi Khan Excluded Area by the Punjab Land Preservation (West Pakistan \r\nExtension to Dera Ghazi Khan Excluded Area) Regulation, 1959 (I of 1959), s. 2. \r\n3Renumbered by the Punjab Land Preservation (Chos) (Amendment) Act, 1942 (XI of 1942), published in the Government \r\nGazette (Extraordinary) Punjab, dated: 21 November 1942, p. 273, s.4. \r\n4The word “local” was omitted  by the Punjab Land Preservation (Chos) (Amendment) A ct, 1944 (IV of 1944), published in the \r\nPunjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 3. \r\n5Substituted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette \r\n(Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n6Substituted for the word “Punjab” by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 4; duly approved by the \r\nWest Pakistan Provincial Assembly on 30 March 1963 which was published in the Gazette of West Pakistan (Extraordinary) on \r\nthe same day, pp. 1349-1350. \r\n7The word “Indian” was omitted  by the Punjab La ws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n8Substituted for the figure “1878”  by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in \r\nthe Punjab Gazette (Extraordinary), dated:18 April 1944, pp. 374-376, s.3. \r\n9The word “and”  was omitted ibid. \r\n10Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordi nance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Con stitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  \r\n267-316, s. 96. \r\n11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n12Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001  (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s. 96. \r\n13Added by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette \r\n(Extraordinary), dated: 18 April 1944, pp. 374-376, s. 3. \r\n(i) persons not being tenants or mortgagees having rights to or in land; \r\nand \r\n(ii) persons having rights of collection of forest produce or of grazing or \r\npasture; and \r\n(g) the expression “erosion” includes the removal or displacement of earth, soil, \r\nstones or other materials by the action of wind or water.] \r\nNotification and regulation of Areas \r\n1\r\n[3.  Notification of areas.– Whenever it appears to the Provincial Government that it is \r\ndesirable to provide for the conservation of sub-soil water or the prevention of erosion in any \r\narea subject to erosion or likely to become liable to erosion such Go vernment may by \r\nnotification make a direction accordingly.] \r\n4.  Power to regulate, restrict or prohibit, by general or special order, within notified \r\nareas, certain matters.– In respect of areas notified under section 3 generally, or the whole or \r\nany part of any such area, the \r\n2\r\n[Provincial Government] may, by general or special order , \r\ntemporarily \r\n3\r\n[* *], regulate, restrict or prohibit– \r\n(a) the clearing or breaking up or cultivating of land not ordinarily under \r\ncultivation prior to the publication of the notification under section 3; \r\n(b) the quarrying of stone , or the burning of lime , at places where such stone or \r\nlime had not ordinarily been so quarried or burnt prior to the publication of the \r\nnotification under section 3; \r\n(c) the cutting of trees or timber,  or the collection or removal or subjection to any \r\nmanufacturing process, otherwise than as described in clause (b) of this sub -\r\nsection, of any forest -produce other than grass, save for bona fide domestic \r\nor agricultural purposes \r\n4\r\n[of rightholder in such area]; \r\n(d) the setting on fire of trees, timber or forest-produce; \r\n(e) the admission, herding, pasturing or retention of sheep \r\n5\r\n[goats or camels]; \r\n(f) the examination of forest-produce passing out of any such area; and \r\n(g) the granting of permits to the inh abitants of towns and villages situate within \r\nthe limits or in the vicinity of any such area, to take any tree, timber or forest \r\nproduce for their own use therefrom, or to pasture sheep \r\n6\r\n[goats or camels] or \r\nto cultivate or erect buildings therein and the production and return of such \r\npermits by such persons. \r\n5.  Power, in certain cases, to regulate, restrict or prohibit, by special order, within \r\nnotified areas, certain further matters .– In respect of any specified village or villages, or \r\n                                                \r\n1Substituted by the Punjab Land Preservation (Chos) (Amendment) Act, 1942 (XI of 1942), published in the Government \r\nGazette (Extraordinary) Punjab, dated: 21 November 1942, p. 273, s. 5. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3The words “or p ermanently” were omitted by the  Punjab  Land  Preservation  (Chos)  Amendment Act,  1926  (VII of 1926),  \r\npublished  in  the  Government  Gazette   Extraordinary   Punjab   and  its  \r\nDependencies, dated: 16 August 1926, p. 63, s. 2. \r\n4Added  by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette \r\n(Extraordinary), dated: 18 April 1944, pp. 374-376, s. 4. \r\n5Substituted ibid., for the words “or goats”. \r\n6Ibid. \r\npart or parts ther eof, comprised within the limits of any area notified under section 3, the \r\n1\r\n[Provincial Government] may, by special order, temporarily \r\n2\r\n[* * ], regulate, restrict or \r\nprohibit– \r\n(a) the cultivating of any land ordinarily under cultivation prior to the publication of \r\nthe notification under section 3; \r\n(b) the quarrying of any stone or the burning of any lime at places where such \r\nstone or lime had ordinarily been so quarried or burnt prior to the publication \r\nof the notification under section 3; \r\n(c) the cutting of trees or timber, or the collection or removal or subjection to any \r\nmanufacturing process, otherwise than as described in clause (b) of this sub -\r\nsection, of any forest-produce \r\n3\r\n[for any purposes]; and \r\n(d) the admission, herding, pasturing or retention of c attle generally, other than \r\nsheep \r\n4\r\n[goats and camels] or of any class or description of such cattle. \r\n5\r\n[5-A.  Power to require execution of works and taking of measures .– In respect of \r\nareas notified under section 3 generally or the whole or any part of any  such area, the \r\nProvincial Government may, by general or special order, direct– \r\n(a) the levelling, terracing, drainage and embanking of fields; \r\n(b) the construction of earth-works in fields and ravines; \r\n(c) the provision of drains for storm water; \r\n(d) the protection of land against the action of wind or water; \r\n(e) the training of streams; and \r\n(f) the execution of such other works and the carrying out of such other \r\nmeasures as may, in the opinion of the Provincial Government, be necessary \r\nfor carrying out the purposes of this Act.] \r\n6.  Necessity for regulation, restriction or prohibition to be recited in the order \r\nunder section 4 or 5.–  Publication of order.– Every order made under \r\n6\r\n[section 4, 5 or 5-A], \r\nshall be published in the  \r\n7\r\n[Official Gazette] and sha ll set forth that the \r\n8\r\n[Provincial \r\nGovernment] is satisfied, after due inquiry, that the regulations, restrictions \r\n9\r\n[prohibitions or \r\ndirections] contained in the order are necessary for the purpose of giving effect to the \r\nprovisions of this Act. \r\n                                                \r\n1Substituted for the words “Local Government” by the  Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2The words “or permanently” were omitted  by the Punjab Land Preservation (Chos) Amendment Act, 1926 (VII of 1926), \r\npublished in the Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 63, s. 3. \r\n3Substituted for the words “for bona fide domestic or agricultural purposes” by t he Punjab Land Preservation (Chos) Act \r\n(Amendment) Act, 1905 (IV of 1905),  published in the Government Gazette Punjab and its Dependencies, dated: 21 \r\nSeptember 1905, s. 2. \r\n4Substituted for the words “and goats” by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published \r\nin the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 5. \r\n5Inserted ibid., s. 6. \r\n6Substituted ibid., for the expression “section 4 or section 5”, s. 7. \r\n7Substituted for the word “Gazette” by th e Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n8Ibid., for the words “Local Government”. \r\n9Substituted for the words “or prohibitions” by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), \r\npublished in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 7. \r\n7.  Proclamation of regulations, restrictions and prohibitions and admission of \r\nclaims for compensation for rights which are restricted or extinguished .– (1) When, in \r\nrespect of any \r\n1\r\n[*] area, a notification has been published under section 3, and– \r\n(a) upon such publication any general order made under section 4 \r\n2\r\n[or section 5-\r\nA] becomes applicable to such area, or \r\n(b) any special order under \r\n3\r\n[sections 4, 5 or 5 -A], is made in respect of such \r\narea, \r\nthe \r\n4\r\n[District Officer (Revenue)] shall cause public notice of the p rovisions of \r\nsuch general or special order to be given, and , if the provisions of any such \r\norder restrict or \r\n5\r\n[prohibit the exercise of] any existing rights, shall also publish, \r\nin the language of the country , in every town and village the boundaries of \r\nwhich include any portion of the area within or over which \r\n6\r\n[the exercise of any \r\nsuch rights is so restricted or prohibited], a proclamation stating the regulations, \r\nrestrictions and prohibitions which have been imposed, by any such order, \r\nwithin the limits of such area or in any part or parts thereof; fixing a period of \r\nnot less than three months from the date of such proclamation, and requiring \r\nevery person claiming any compensation in respect of any right so restricted or \r\nprohibited, within such period, either to present to such officer a written notice \r\nspecifying, or to appear before him and state, the nature and extent of such \r\nright and the amount and particulars of the compensation (if any) claimed in \r\nrespect thereof. \r\n(2)  Any claim not preferred within the time fixed in the proclamation made under \r\nsub-section (1), shall be rejected: \r\nProvided that, with the previous sanction of the \r\n7\r\n[Executive District Officer (Revenue)], \r\nthe \r\n8\r\n[District Officer (Revenue)] may admit any such claim as if it had been made wi thin such \r\nperiod. \r\n  \r\n9\r\n[7-A.  \r\n10\r\n[ \r\n1\r\n[District Officer (Revenue)]’s powers regarding execution of works or taking \r\nof measures ].– (1) When an order has issued under section 5 -A, the \r\n2\r\n[District Officer \r\n                                                \r\n1The word “local” was omitted by the Punjab Land Preservati on (Chos) (Amendment) Act, 1944 (IV of 1944), published in the \r\nPunjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 8. \r\n2Inserted ibid. \r\n3Substituted ibid., for the expression “section 4 or section 5”. \r\n4Substituted for the words “Deputy Comm issioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2 : the said Ordinance \r\nwas saved under Article 270AA of the Constitution of t he Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  \r\n267-316, s. 96. \r\n5Substituted for the word “extinguish”  by the  Punjab Land Preservation (Chos) Amendment Act, 1926 (VII of 1926), published \r\nin the Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 63, s. 4. \r\n6Ibid., for the words “any such rights are so restricted or extinguished”. \r\n7Substituted for the word “Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), \r\npublished in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851-1852, s. 3: the said Ordinance was saved \r\nunder Artic le 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267 -316, s. \r\n96. \r\n8Ibid., for the words “Deputy Commissioner”, s. 2. \r\n9Inserted by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette \r\n(Extraordinary), dated: 18 April 1944, pp. 374-376, s. 9. \r\n10Added by the Punjab Laws (Adaptation, Revi sion and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette \r\n(Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n(Revenue)] may by notice require the owner or occupier of the land to execute such works or \r\ntake such measures as may be specified in the notice. \r\n(2)  Every such notice shall state the time within which the works are to be \r\nexecuted or measures are to be taken. \r\n(3)  A person aggrieved by an order contained in such a notice as aforesaid may, \r\nwithin thirty days from the service of such notice or within such longer period as the \r\n3\r\n[District \r\nOfficer (Revenue)] may allow in this behalf, serve a notice of his objections on the \r\n4\r\n[District \r\nOfficer (Revenue)] in such manner as may be provided by the rules made under this Act. \r\n(4)  If and in so far as an objection under this section is based on the ground of \r\nsome informality, defect or error in or in connection with the notice, the \r\n5\r\n[District Officer \r\n(Revenue)] shall dismiss the objection, if he is satisfied that the informality, defect or error was \r\nnot a material one. \r\n(5)  If the objection is brought on all or any of the following grounds, that is to \r\nsay:– \r\n(a) that the notice might lawfully have been served on the occupier of the  \r\nland in question instead of on the owner, or on the owner instead of on \r\nthe occupier, and that it would have been equitable for it to have been \r\nso served; \r\n(b) that some other person, being the owner, occupancy tenant, \r\nmortgagee with possession or lessee o r farm holder or possessing \r\nsome other right in or over the land to be benefited, ought to \r\ncontribute towards the expenses of executing any works or taking any \r\nmeasures required; \r\n(c) where the work or measure is work or measure for the common \r\nbenefit of the land in question and other land, that some other person , \r\nbeing the owner or occupier of land to be benefited, ought to \r\ncontribute towards the expenses of executing any works or taking any \r\nmeasures required; \r\nthe objector shall serve a copy of his notice o f objection on each other person \r\nreferred to, and on the hearing of the objection the  \r\n6\r\n[District Officer (Revenue)] may make \r\nsuch order as he thinks fit with respect to the person by whom any work is to be executed or \r\nmeasure is to be taken and the contrib ution to be made by any other person towards the \r\ncost of the work or measure, or as to the proportions in which any expenses which may \r\nbecome recoverable by the \r\n7\r\n[District Officer (Revenue)] under subsection (6) are to be borne \r\nby the objector and such other person: \r\n                                                                                                                                                  \r\n1Substituted for the words “Deputy Commissioner”  by the Punjab Land Preservation (Amendment) O rdinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  \r\n267-316, s. 96. \r\n2Ibid. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Substituted for the words “Deputy Commissioner” by the Punjab Land Prese rvation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, a s substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  \r\n267-316, s. 96. \r\n7Ibid. \r\nProvided that no such order shall be made unless the person who is likely to be \r\naffected thereby has been given a reasonable opportunity of being heard. \r\nIn exer cising his power under this sub section the \r\n1\r\n[District Officer (Revenue)] shall \r\nhave regard– \r\n(a) as between an owner and an occupier, to the terms and conditions, whether \r\ncontractual or statutory, of the tenancy and to the nature of the works and \r\nmeasures required; and \r\n(b) in any case , to the degree of benefit to be derived by the different  persons \r\nconcerned. \r\n(6)  Notwithstanding anything to the contrary in any law for the time being in force, \r\nno person required by a notice or an order under this section to execute any work or to take \r\nany measure shall be required to obtain the consent of an y other person before complying \r\nwith such notice or order. \r\n(7)  Subject to such right of objection as aforesaid and the right of appeal under \r\nsection 18, if the person required by the notice to execute works or to take measures fails to \r\nexecute the works o r to take the measures indicated within the time thereby limited, the \r\n2\r\n[District Officer (Revenue)]  may himself or by an agent execute the works or take the \r\nmeasures and recover from that person the expenses reasonably incurred by him in so \r\ndoing; \r\n(1) provided that it shall not be necessary for the \r\n3\r\n[District Officer (Revenue)] to \r\nwait for the decision of any objection other than an objection under clause (a) \r\nof sub -section (5), or an appeal against any decision on such objection, \r\nbefore taking action under this subsection; \r\n(2) provided further that the maximum amount that shall be recoverable in respect \r\nof any land in regard to which the work has been executed or the measure \r\ntaken shall not exceed– \r\n(a) where the work is required to be executed or the measur e to be taken \r\nby the owner, ten times the land revenue assessed on all the lands \r\nowned by him in the \r\n4\r\n[Province]; and \r\n(b) where the work is required to be executed by the occupier, ten times \r\nthe land revenue assessed on all the lands occupied by him in the  \r\nestate in which such land is situated. \r\n(8)  If the cost of any work executed or any measure taken by any person remains \r\nunpaid by the person from whom it is due after the date specified in a notice issued in this \r\nbehalf by the \r\n5\r\n[District Officer (Revenue)] or such other date as is fixed by him, such cost \r\n                                                \r\n1Ibid. \r\n2Ibid. \r\n3Substituted for the words “Deputy Commissioner” by the Pun jab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  \r\n267-316, s. 96. \r\n4Substituted for the word “Punjab” by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 5; duly approved by the \r\nWest Pakistan Provincial Assembly on 30 March 1963 which was published in th e Gazette of West Pakistan (Extraordinary) on \r\nthe same day, pp. 1349-1350. \r\n5Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated : 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s. 96. \r\nshall be recoverable as an arrear of land revenue and a certificate issued by the \r\n1\r\n[District \r\nOfficer (Revenue)] in this behalf shall be final and conclusive evidence of the sum so \r\nrecoverable and the person liable for the same. \r\n(9)  Every order issued under this section shall be published in such manner as \r\nmay be prescribed in the rules made under this Act, and upon such publication every person \r\naffected thereby shall, unless the contrary be proved, be deem ed to have had due notice \r\nthereof. \r\n(10) The \r\n2\r\n[District Officer (Revenue)] may by general or special order authorise any \r\nrevenue officer subordinate to him to enquire into any objection that may be brought under \r\nthis section: \r\nProvided that no final order on  any such objection shall be passed except by the \r\n3\r\n[District Officer (Revenue)] himself. \r\n(11) In making an order on objections brought under this section, the \r\n4\r\n[District \r\nOfficer (Revenue)] shall be guided by such rules, if any, as the Provincial Government  may \r\nmake in this behalf. \r\n(12) For the purposes of this section, the expression “estate” shall have the \r\nmeaning assigned thereto in the Punjab Land Revenue Act, \r\n5\r\n[1967 (XVII of 1967)]. ] \r\nControl over the beds of \r\n6\r\n[Nalahs] \r\n8.  Action when \r\n7\r\n[the Provincial G overnment] considers it desirable to take \r\nmeasures to regulate the beds of \r\n8\r\n[Nalahs].– vesting of such beds in \r\n9\r\n[the Provincial \r\nGovernment].– (1) Whenever it appears to the \r\n10\r\n[Provincial Government] that it is desirable \r\nthat measures should be taken in the bed of any \r\n11\r\n[nalah] for the purpose of– \r\n                                                \r\n1Ibid. \r\n2Ibid. \r\n3Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary) , dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gaze tte of Pakistan (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s. 96. \r\n4Ibid. \r\n5Ibid., for the figure “1887”, s. 4. \r\n6Substituted for the word “Chos” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n7Substituted for the words “His Majesty” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated: 3 Ju ne 1964, pp. 1805 -1849, Article 2 read with the Schedule: it came into force on 8 June \r\n1962. They were earlier substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) \r\nOrder, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth \r\nSchedule. \r\n8Substituted for the word “Chos” by the Punjab La ws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n9Substituted for the words “His Majesty” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, Article 2 read with the Schedule: it came into force on 8 June \r\n1962. They were earlier substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) \r\nOrder, 1937, published in the Gazette of India (Extraordinary), dated: 1 Apr il 1937, pp. 75 -344, Article 3 read with the Sixth \r\nSchedule. \r\n10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n11Substituted for the word “ Cho” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n(a)  regulating the flow of water within and preventing the widening or extension of \r\nsuch bed, or of \r\n(b)  reclaiming or protecting any land situate within the limits of such bed; \r\nsuch Government may, either proceed at once in manner in sub-section (2) provided, \r\nor, in the first instance, by notification specifying the nature and extent of the measures to be \r\ntaken and the locality in and the time within which such measures are to be so taken, require \r\nall persons posses sing proprietary or occupancy rights in land situate in such locality to \r\nthemselves carry out the measures specified in such notification accordingly. \r\n(2)  If the whole or any part of the bed of any \r\n1\r\n[nalah] be unclaimed, or, if, in the \r\nopinion of the \r\n2\r\n[Provincial Government], the measures deemed necessary under sub -section \r\n(1) are of such a character, in regard to extent and cost, that the interference of the \r\n3\r\n[Provincial \r\nGovernment] is absolutely necessary, or in the event of the owner or occupier of any portion of \r\nthe bed of any \r\n4\r\n[nalah] failing, to comply with the requirements of any notification issued under \r\nsub-section (1), such Government may, by notification, declare that the whole or any part of \r\nthe area comprised within the limits of the bed of any  \r\n5\r\n[nalah] shall \r\n6\r\n[vest in \r\n7\r\n[the Provincial \r\nGovernment] ] \r\n8\r\n[* * * * * * ] for such period and subject to such conditions (if any) as may be \r\nspecified in the notification: \r\nProvided that no such declaration shall be made in respect of or shall affect any land \r\nincluded within the limits of the bed of any such \r\n9\r\n[nalah], which, at the date of the publication \r\nof the notification making such declaration, is cultivated or culturable, or yield s any produce \r\nof substantial value. \r\n(3)  When the owners or occupiers of suc h locality are unable to agree among \r\nthemselves regarding the carrying out of such measures, the decision of those paying the \r\nlarger amount of land-revenue shall be held to be binding on all. \r\n(4)  The \r\n10\r\n[Provincial Government] may from time to time, by like  notification, \r\nextend the period during which any such area shall remain vested in \r\n11\r\n[the Provincial  \r\nGovernment]. \r\n                                                \r\n1Substituted for the word “Cho” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Ibid. \r\n4Substituted for the word “Cho” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n5Ibid. \r\n6Substituted f or the words “vest in the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule. \r\n7Substituted for the words “His Majesty for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964 , pp. 1805-1849, Article 2 read with the \r\nSchedule: it came into force on 8 June 1962. \r\n8The words “either absolutely and in perpetuity or” were omitted by the Punjab Land Preservation (Chos) Second Amen dment \r\nAct, 1926 (VIII of 1926),  published in the Government Gazette Extraordinary Punjab and its Dependencies , dated: 16 August \r\n1926, p. 64, s. 2. \r\n9Substituted for the word “Cho” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n11Substituted for t he words “His Majesty”   by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 3 June 1964 , pp. 1805-1849, Article 2 read with the Schedule : it came into force on 8 \r\nJune 1962. They were earlier substituted for the words “the Government” by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the \r\nSixth Schedule. \r\n9.  Effect of notification to suspend or extinguish private rights in the area notified \r\nunder section 8.– Upon the making of any declaration under sub-section (2) of section 8, all \r\nprivate rights of whatever kind existing in or relating to any land comprised within the area \r\nspecified in the notification containing such declaration at the time of the publication thereof, \r\nshall–  \r\n1\r\n[be suspended for the period specified in the declaration and for such further period \r\n(if any) to which such period may at any time be extended]: \r\nProvided that, as far as circumstances admit, such rights of way and \r\nwater shall be reserved, in respect of every such area, as  may be necessary \r\nto meet the reasonable requirements and convenience of the person s (if any) \r\nwho, at the time of the making of such declaration, possessed any such rights \r\nover such area. \r\n10.  Power of \r\n2\r\n[District Officer (Revenue)] to delimit the bed and t o decide what \r\nconstitutes such bed.– Power to take possession of bed when vested in  \r\n3\r\n[the Provincial \r\nGovernment].– (1) The \r\n4\r\n[District Officer (Revenue)] shall, for the purposes of every \r\nnotification issued under sub -section (2) of section 8, fix the limit s of the area comprised \r\nwithin the bed of the \r\n5\r\n[nalah] to which such notification is to apply. \r\n(2)  Upon the publication of a notification containing any declaration under sub -\r\nsection (2) of section 8, it shall be lawful for the \r\n6\r\n[District Officer (Revenue)] to– \r\n(a)  take possession of the area specified in such declaration; \r\n(b) eject all persons therefrom; and to \r\n(c) deal with such area, while it remains vested in \r\n7\r\n[the Provincial \r\nGovernment], as if it were the absolute property of \r\n1\r\n[the Provincial \r\nGovernment]. \r\n                                                \r\n1Substituted by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of 1926),  published in the \r\nGovernment Gazette Extraordinary  Punjab and its Dependencies , dated: 16 August 1926, p. 64, s. 3., for the following \r\nclauses:- \r\n “(a) if no period is specified in such declaration—cease and determine absolutely; \r\n(b) if any period is specified in such declaration —be suspended for such period and for such further period (if any) to \r\nwhich such period may at any time be extended”. \r\n2Substituted for the words “Deputy Commis sioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the  Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  \r\n267-316, s. 96. \r\n3Substituted for the words “His Majesty” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, Article 2 read with the Schedule: it came into force on 8 June \r\n1962. They were earlier substituted for the words “the  Government” by the Government of India (Adaptation of Indian Laws) \r\nOrder, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth \r\nSchedule. \r\n4Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic R epublic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  \r\n267-316, s. 96. \r\n5Substituted for the word “Cho” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n6Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Ame ndment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substitute d by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  \r\n267-316, s. 96. \r\n7Substituted for the words “His Majesty” by the West Pakistan Laws (Adaptation) Order, 1964 , (1 of 1964),  published in the \r\nGazette of West Pakistan (Extraordinary), dated: 3 June 1964 , pp. 1805-1849, Article 2 read with the Schedule : it came into \r\n11.  Bar of compensation for acts done under section 8, 9 or 10 .– No person shall be \r\nentitled to any compensation for anything at any time done, in good faith, in exercise of any \r\npower conferred by section 8, section 9 or section 10. \r\n2\r\n[12.  Condition as to sale of land acquired under the Act and obligation of Local \r\nGovernment to keep account of moneys expended on such land.– * * * * * *\r\n * * * * * * * * * * * * * *] \r\nPower to enter upon and \r\ndelimit notified areas and beds \r\n13.  Power to enter upon survey and demarcate \r\n3\r\n[*] areas notified under section 3 or \r\nsection 8 .– It shall be lawful for the \r\n4\r\n[District Officer (Revenue)] and for his subordinate \r\nofficers, servants, care-takers and workmen, from time to time, as occasion may require,– \r\n(a) to enter upon and survey any land comprised within any \r\n5\r\n[*] area in regard to \r\nwhich any notification has been issued under section 3 or section 8 \r\n6\r\n[or in \r\nregard to which a notification is proposed to be issued under section 5-A]; \r\n(b) to erect bench-marks on and to delimi t and demarcate the boundaries of any \r\nsuch \r\n7\r\n[*] area; and \r\n(c)  to do all other acts and things which may be necessary in order adequately \r\nto preserve or protect any land or to give effect to all or any of the provisions \r\nof this Act: \r\nProvided that reasonabl e compensation, to be assessed and determined in the \r\nmanner in this Act provided, shall be made in respect of any damage or injury caused to the \r\nproperty or rights of any person in carrying out any operations under the provisions of this \r\nsection, but no su ch compensation shall be payable in respect of anything done under the \r\nsaid provisions within the limits of any \r\n8\r\n[*] area notified under section 8. \r\nInquiry into claims and award of compensation \r\n14.  Inquiries into claims and awards thereupon .– (1) The \r\n9\r\n[District Officer (Revenue)] \r\nshall– \r\n                                                                                                                                                  \r\nforce on 8 June 1962. They were earlier substituted for the words “the Government” by the Government of India (Adaptation of \r\nIndian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with \r\nthe Sixth Schedule. \r\n1Ibid. \r\n2Omitted by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of 1926), published in the Government \r\nGazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 64, s. 4. \r\n3The word “local” was omitted  by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n4Substituted for the words “Deputy Commi ssioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Ga zette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s. 96. \r\n5The word “Local” was omitted by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the \r\nPunjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 10. \r\n6Added ibid. \r\n7The word “Local” was omitted ibid. \r\n8The word “Local” was omitted by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the \r\nPunjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 10. \r\n9Substituted for the words “Deputy Commissioner”  by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November  2001,  pp. 1851-1852, s. 2:  the said  Ordinance  \r\nwas saved  under Article 270AA of the  \r\n(a) fix a date for inquiring into all claims made under section 7 \r\n1\r\n[* * *] and may, in \r\nhis discretion, from time to time , adjourn the inquiry to a date to be fixed by \r\nhim; \r\n(b) record in writing all statements made under section 7; \r\n(c) inquire into all claims duly preferred under section 7 \r\n2\r\n[* * *]; and \r\n(d) make and award upon each such claim, setting out therein the nature and \r\nextent of the right claimed, the person or persons making such claim, the \r\nextent (if any) to which,  and the person or persons in whose favour, the right \r\nclaimed is established, the extent to which it is to be restricted or \r\n3\r\n[prohibited], \r\nand the nature and amount of the compensation (if any) awarded. \r\n(2)  For the purposes of every such inquiry the \r\n4\r\n[District Officer (Revenue)] may \r\nexercise all or any of the powers of a Civil Court in the trial of suits under the Code of Civil \r\nProcedure\r\n5\r\n. \r\n(3)  The \r\n6\r\n[District Officer (Revenue)] shall announce his award to such persons \r\ninterested, or their representatives, as are present, and shall record the acceptance of those \r\nwho accept it. To such as are not present, the \r\n7\r\n[District Officer (Revenue)]  shall cause \r\nimmediate notice of his award to be given. \r\n15.  Method of awarding compensation and effect of such award.– (1) In determining \r\nthe amount of compensation , the \r\n8\r\n[District Officer (Revenue)] shall be guided, so far as may \r\nbe, by the provisions of sections 23 and 24 of the Land Acquisition Act, 1894\r\n9\r\n, and, as to \r\nmatters which cannot be dealt with under those provisions, by what is just and reasonable in \r\nthe circumstances of each case. \r\n(2)  The \r\n10\r\n[District Officer (Revenue)]  may, with the sanction of the \r\n1\r\n[Provincial \r\nGovernment] and the consent of the person entitled, instead of money , award compensation \r\nin land or by reduction in revenue or in any other form. \r\n                                                                                                                                                  \r\nConstitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n1The expression “or section 12” was  omitted  by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of \r\n1926), published in the Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 64, s. 5. \r\n2Ibid. \r\n3Substituted ibid., for the word “extinguished”. \r\n4Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 No vember 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakista n (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s. 96. \r\n5XIV of 1882. Subsequently replaced by the Code of Civil Procedure, 1908 (V of 1908). \r\n6Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s. 96. \r\n7Ibid. \r\n8Ibid. \r\n9I of 1894. \r\n10Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  \r\n267-316, s. 96. \r\n(3)  If, in any case, the exercise of any right is prohibited for a time only, \r\ncompensation shall be awarded only in respect of the period during which the exercise of \r\nsuch right is so prohibited. \r\n2\r\n[(4) * * * * * * * * * * * * * * * * * *] \r\nProcedure, Records and Appeal \r\n16.  Record-of-rights in respect of notified area s.– (1) For every area, notified under \r\nsection 3 or section 8, the \r\n3\r\n[District Officer (Revenue)] shall prepare a record setting forth  the \r\nnature, description, local situation and extent of all rights mentioned in section 4 and section 5– \r\n(a) existing within such area at the time of the publication of the notification \r\nrelating thereto under section  3 or section 8; \r\n(b) regulated, restricted, \r\n4\r\n[*]  or \r\n5\r\n[prohibited] by any order under section 4 or \r\nsection 5. \r\n(2)  When any award is made under section 14, its effect upon any right s shall \r\nalso be recorded therein. \r\n17.  Mode of proclaiming notifications and of serving notices, orders and processes, \r\nissued under the Act.– (1) Upon the publication of a notification issued under any of the \r\nprovisions of this Act, the  \r\n6\r\n[District Officer (Revenue)] shall cause public notice of the \r\nsubstance thereof to be given at convenient places in the locality to which such notific ation \r\nrelates. \r\n \r\n7\r\n[(2) The procedure prescribed for the service of summons, notice, order or \r\nproclamation under the law relating to land revenue for the time being in force, shall be \r\nfollowed, as far as may be, in proceedings under this Act.] \r\n18.  Appeal, review and revision .– Every order passed and every award made by a \r\n8\r\n[District Officer (Revenue)] under this Act, shall, for the purposes of appeal, review and revision, \r\n                                                                                                                                                  \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian La ws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with Table of General Adaptations. \r\n2Omitted by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of 1926),  published in t he Government \r\nGazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 64, s. 6. \r\n3Substituted for the words “Deputy Commissioner”  by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gaz ette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), p ublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s. 96. \r\n4The word “suspended” was omitted  by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of 1926),  \r\npublished in the Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 64, s. 7. \r\n5Substituted ibid., for the word “extinguished”. \r\n6Substituted for the words “Deputy Commissioner”  by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s. 96. \r\n7Substituted by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), published in the \r\nGazette of West Pakistan  (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 6; duly approved by the West Pakistan \r\nProvincial Assembly on 30 March 1963 which was published in the Gazette of West Pakistan (Extraordinary) on the same day, \r\npp. 1349-1350. \r\n8Substituted for the wo rds “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the C onstitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  \r\n267-316, s. 96. \r\nrespectively, be deemed to be the order of a Collector within the meaning of sections \r\n1\r\n[161, 162, \r\n163 and 164] of the Punjab Land Revenue Act, \r\n2\r\n[1967 (XVII of 1967)] \r\n3\r\n[ \r\n4\r\n[* * * * * * * * * * * *], or \r\nany other law relating to land revenue for the time being in force, as the case may be]: \r\nProvided that nothing in this Act contained shall be deemed to exclude the jurisdiction of \r\nany Civil Court to decide any dispute arising between the persons interested in any \r\ncompensation awarded as to the apportionment or distribution thereof amongst such persons or \r\nany of them. \r\nPenalties, bar of suits and rules \r\n19.  Penalty for offences .– Any person who, within the limits of any \r\n5\r\n[*] area notified \r\nunder section 3, commits any breach of any regulation made, \r\n6\r\n[restriction or prohibition \r\nimposed, order passed or requisition made under sections 4, 5, 5 -A or 7 -A], shall be \r\npunished with imprisonment for a term which may extend to one month, or with a fine which \r\nmay extend to one hundred rupees, or with both. \r\n20.  Application of provisions of \r\n7\r\n[Act XVI of 1927].– \r\n8\r\n[The provisions of sections 52, 54, \r\n55, 56, 57, 58, 59, 60, 61, 62, 64 (excluding the last sentence), 66, 67, 68 and 73 of the \r\n9\r\n[*] \r\nForest Act, 1927\r\n10\r\n], shall, so far as applicable, be read as part of this Act, and, for the purposes \r\nof those provisions, every offence punishable under section 19 shall be deemed to be a “forest \r\noffence,” and every officer employed in the management of any area notified under section 3 or \r\nsection 8, as care-taker or otherwise, shall be deemed to be a Forest-officer. \r\n21.  Bar of suits .– No suit shall lie against \r\n11\r\n[the \r\n12\r\n[Provincial Government] ], for anything \r\ndone under this Act, and no suit shall lie against any public servant for anything done, or \r\npurporting to have been done, by him, in good faith, under this Act. \r\n                                                \r\n1Ibid., for the expression “13, 14, 15 and 16”, s. 5. \r\n2Ibid., for the figure “1887”. \r\n3Inserted by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), published in the Gazette \r\nof West Pakistan (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 7; d uly approved by the West Pakistan Provincial \r\nAssembly on 30 March 1963 which was published in the Gazette of West Pakistan (Extraordinary) on the same day, pp. 1349-\r\n1350. \r\n4The words “or the corresponding provisions of the Sind Land Revenue Code, 1879” were deleted by the Punjab Land Preservation \r\n(Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851-\r\n1852, s. 5: the said Ordinance was saved under Article 270AA of the Constitution of th e Islamic Republic of Pakistan, as \r\nsubstituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n5The word “Local” was omitted by the Punjab Lan d Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the \r\nPunjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 11. \r\n6Substituted ibid., for the expression “or restriction of prohibition imposed under section 4 or section 5”. \r\n7Substituted for the expression “Act VII of 1878” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), \r\npublished in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n8Substituted for the expression “The provisions of sections 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 63 (excluding the last \r\nsentence), 64, 65, 66, 67 and 72 of Indian Forest Act, 1878” by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 \r\n(IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 12. \r\n9The word “Indian” was omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n10XVI of 1927. \r\n11Substituted for the words “the Secretary of State for India in Council, or the Government” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazett e of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the Sixth Schedule. \r\n12Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated: 3 J une 1964, pp. 1805 -1849, Article 2 read with the Schedule: it came into force on 8 June \r\n1962.  \r\n22.   Power to make rules.– (1) The \r\n1\r\n[Provincial Government] may make rules, consistent \r\nwith this Act,– \r\n(a) regulating the procedure to be observed in any inquiry or proceeding under \r\nthis Act; and \r\n(b) generally for the purpose of carrying into effect all or any of the provisions of \r\nthis Act. \r\n(2)  All rules made under this section shall be published in the \r\n2\r\n[Official Gazette]. \r\n \r\n \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Substituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.",
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