`` CONTENTS Preliminary 1. Short title, extent and commencement 2. Definitions Notification and regulation of areas 3. Notification of areas 4. Power to regulate, restrict or prohibit, by general or special order, within notified areas, certain matters 5. Power, in certain cases, to regulate, restrict or prohibit, by special order, within notified areas, certain further matters 5-A. Power to require execution of works and taking of measures 6. Necessity for regulation, restriction or prohibition to be recited in the order under section 4 or 5 Publication of order 7. Proclamation of regulations, restrictions and prohibitions and admission of claims for compensation for rights which are restricted or extinguished 7-A. District Officer (Revenue)’s powers regarding execution of works or taking of measures Control over the beds of Nalahs 8. Action when the Provincial Government considers it desirable to take measures to regulate the beds of Nalah Vesting of such beds in the Provincial Government 9. Effect of notification to suspend or extinguish private rights in the area notified under section 8 10. Power of District Officer (Revenue) to delimit the bed and to decide what constitutes such bed Power to take possession of bed when vested in the Provincial Government 11. Bar of compensation for acts done under section 8, 9 or 10 12. Omitted Power to enter upon and delimit notified areas and beds (II of 1900) THE PUNJAB LAND PRESERVATION ACT, 1900 13. Power to enter upon survey and demarcate areas notified under section 3 or section 8 Inquiry into claims and award of compensation 14. Inquiries into claims and awards thereupon 15. Method of awarding compensation and effect of such award Procedure, Records and Appeal 16. Record-of-rights in respect of notified areas 17. Mode of proclaiming notifications a nd of serving notices, orders and processes, issued under the Act 18. Appeal, review and revision Penalties, bar of suits and rules 19. Penalty for offences 20. Application of provisions of Act XVI of 1927 21. Bar of suits 22. Power to make rules TEXT 1 THE PUNJAB LAND PRESERVATION ACT, 1900 (II of 1900) [29 November 1900] An Act to provide for the better preservation and protection of certain portions of the territories of 2 [Punjab] 3 [* * * * * * * * * * *] 4 [* * * * * * *]. 5 [* * * * * * * * * * * * * * * * * *] It is hereby enacted as follows:– Preliminary 1. Short title and commencement .– (1) This Act may be called the Punjab Land Preservation 6 [* *] Act, 1900; and 7 [(2) It shall extend to the whole of the Province of 1 [Punjab] except the Tribal Areas 2 .] 1This Act was published in the Government Gazette Punjab and its Dependencies, dated: 29 November 1900, pp. 19-23. For Statement of Objects and Reasons, see Punjab Gazette, 1899, Part V-A, p. 13; for Report of the Select Committee, see ibid., 1900, Part V, p. 1; for Proceedings in Council, see ibid., 1899, Part VI, p. 14 and ibid., 1900, Part VI, p. 12. 2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974) published in the Punjab Gazette (Extraordinary), dated: 20 November 1974, pp.1425 -A to 1425 -PP, Article 2 read with the Schedule: it came into force on 14 August 1973. It was earlier substitu ted for the words “the Punjab” by the Punjab Land Pr eservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 2; duly approved by the West Pakistan Provincial Assembly on 30 March 1963 which was published in the Gazette of West Pakistan (Extraordinary) on the same day, pp. 1349-1350. 3The words “situate within or adjacent to the Siwalik mountain range” were omitted by the Punjab Land Preservation (Chos) (Amendment) Act, 1942 (XI of 1942), published in the Government Gazette (Extraordinary) Punjab, dated: 21 November 1942, p. 273, s. 2. 4The rest of the expression contained in the ‘ long title’ “or affected or liable to be affected by the deboisment of forests within that range, or by the action of strea ms and torrents, such as are commonly called chos, flowing through or from it” deemed to be omitted being meaningless/redundant by virtue of omission of the words appearing before the said expression “situate within or adjacent to the Siwalik mountain rang e” by the Punjab Land Preservation (Chos) (Amendment) Act, 1942 (XI of 1942), published in the Government Gazette (Extraordinary) Punjab, dated: 21 November 1942, p. 273, s. 2. 5Preamble was omitted by the Punjab Land Preservation (Chos) (Amendment) Act, 1 942 (XI of 1942), published in the Government Gazette (Extraordinary) Punjab, dated: 21 November 1942, p. 273, s. 3. 6The expression “(Chos)” was omitted by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 2. 7Substituted by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 3; duly approved by the West Pakistan Provincial Assembly on 30 March 1963 which was published in the Gazette of West Pakistan (Extraordinary) on the same day, pp. 1349 -1350. It was earlier substituted by the Punjab Laws (Adaptation, Revision and R epeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87 -108, s. 2 read with the First Schedule. It was earlier substituted by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), pub lished in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 2. It was earlier inserted by the Punjab Land Preservation (Chos) (Amendment) Act, 1942 (XI of 1942), published in the Government Gazette (Extraordinary) Punjab, dated: 21 November 1942, p. 273, s. 4. 3 [(3)] It shall come into force at once. 2. Definitions.– In this Act , unless a different intention appears from the subject or context,– (a) the expression “land” means land within any 4 [*] area preserved and protected or otherwise dealt within manner in this Act provided, and includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; 5 [(b) The expression “nalah” means a stream or torrent flowing through or from any mountain range within the 6 [Province]; ] (c) the expressions “tree,” “timber,” “forest-produce,” and “cattle,” respectively, shall have the meanings severally assigned thereto in section 2 of the 7 [*] Forest Act, 8 [1927]; (d) the expression “person interested” includes all persons claiming any interest in compensation to be made on account of any measures taken under this Act; 9 [*] (e) the expression “ 10 [District Officer (Revenue)]” includes any officer or officers at any time spec ially appointed by the 11 [Provincial Government] to perform the functions of a 12 [District Officer (Revenue)] under this Act. 13 [(f) the expression “rightholder” includes– 1Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), published in the Punjab Gazette (Extraordinary), dated: 20 November 1974, pp.1425 -A to 1425 -PP, Article 2 read with t he Schedule: it came into force on 14 August 1973. 2This Act had also been extended to Dera Ghazi Khan Excluded Area by the Punjab Land Preservation (West Pakistan Extension to Dera Ghazi Khan Excluded Area) Regulation, 1959 (I of 1959), s. 2. 3Renumbered by the Punjab Land Preservation (Chos) (Amendment) Act, 1942 (XI of 1942), published in the Government Gazette (Extraordinary) Punjab, dated: 21 November 1942, p. 273, s.4. 4The word “local” was omitted by the Punjab Land Preservation (Chos) (Amendment) A ct, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 3. 5Substituted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 6Substituted for the word “Punjab” by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 4; duly approved by the West Pakistan Provincial Assembly on 30 March 1963 which was published in the Gazette of West Pakistan (Extraordinary) on the same day, pp. 1349-1350. 7The word “Indian” was omitted by the Punjab La ws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 8Substituted for the figure “1878” by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated:18 April 1944, pp. 374-376, s.3. 9The word “and” was omitted ibid. 10Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordi nance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Con stitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 12Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 13Added by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 3. (i) persons not being tenants or mortgagees having rights to or in land; and (ii) persons having rights of collection of forest produce or of grazing or pasture; and (g) the expression “erosion” includes the removal or displacement of earth, soil, stones or other materials by the action of wind or water.] Notification and regulation of Areas 1 [3. Notification of areas.– Whenever it appears to the Provincial Government that it is desirable to provide for the conservation of sub-soil water or the prevention of erosion in any area subject to erosion or likely to become liable to erosion such Go vernment may by notification make a direction accordingly.] 4. Power to regulate, restrict or prohibit, by general or special order, within notified areas, certain matters.– In respect of areas notified under section 3 generally, or the whole or any part of any such area, the 2 [Provincial Government] may, by general or special order , temporarily 3 [* *], regulate, restrict or prohibit– (a) the clearing or breaking up or cultivating of land not ordinarily under cultivation prior to the publication of the notification under section 3; (b) the quarrying of stone , or the burning of lime , at places where such stone or lime had not ordinarily been so quarried or burnt prior to the publication of the notification under section 3; (c) the cutting of trees or timber, or the collection or removal or subjection to any manufacturing process, otherwise than as described in clause (b) of this sub - section, of any forest -produce other than grass, save for bona fide domestic or agricultural purposes 4 [of rightholder in such area]; (d) the setting on fire of trees, timber or forest-produce; (e) the admission, herding, pasturing or retention of sheep 5 [goats or camels]; (f) the examination of forest-produce passing out of any such area; and (g) the granting of permits to the inh abitants of towns and villages situate within the limits or in the vicinity of any such area, to take any tree, timber or forest produce for their own use therefrom, or to pasture sheep 6 [goats or camels] or to cultivate or erect buildings therein and the production and return of such permits by such persons. 5. Power, in certain cases, to regulate, restrict or prohibit, by special order, within notified areas, certain further matters .– In respect of any specified village or villages, or 1Substituted by the Punjab Land Preservation (Chos) (Amendment) Act, 1942 (XI of 1942), published in the Government Gazette (Extraordinary) Punjab, dated: 21 November 1942, p. 273, s. 5. 2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 3The words “or p ermanently” were omitted by the Punjab Land Preservation (Chos) Amendment Act, 1926 (VII of 1926), published in the Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 63, s. 2. 4Added by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 4. 5Substituted ibid., for the words “or goats”. 6Ibid. part or parts ther eof, comprised within the limits of any area notified under section 3, the 1 [Provincial Government] may, by special order, temporarily 2 [* * ], regulate, restrict or prohibit– (a) the cultivating of any land ordinarily under cultivation prior to the publication of the notification under section 3; (b) the quarrying of any stone or the burning of any lime at places where such stone or lime had ordinarily been so quarried or burnt prior to the publication of the notification under section 3; (c) the cutting of trees or timber, or the collection or removal or subjection to any manufacturing process, otherwise than as described in clause (b) of this sub - section, of any forest-produce 3 [for any purposes]; and (d) the admission, herding, pasturing or retention of c attle generally, other than sheep 4 [goats and camels] or of any class or description of such cattle. 5 [5-A. Power to require execution of works and taking of measures .– In respect of areas notified under section 3 generally or the whole or any part of any such area, the Provincial Government may, by general or special order, direct– (a) the levelling, terracing, drainage and embanking of fields; (b) the construction of earth-works in fields and ravines; (c) the provision of drains for storm water; (d) the protection of land against the action of wind or water; (e) the training of streams; and (f) the execution of such other works and the carrying out of such other measures as may, in the opinion of the Provincial Government, be necessary for carrying out the purposes of this Act.] 6. Necessity for regulation, restriction or prohibition to be recited in the order under section 4 or 5.– Publication of order.– Every order made under 6 [section 4, 5 or 5-A], shall be published in the 7 [Official Gazette] and sha ll set forth that the 8 [Provincial Government] is satisfied, after due inquiry, that the regulations, restrictions 9 [prohibitions or directions] contained in the order are necessary for the purpose of giving effect to the provisions of this Act. 1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 2The words “or permanently” were omitted by the Punjab Land Preservation (Chos) Amendment Act, 1926 (VII of 1926), published in the Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 63, s. 3. 3Substituted for the words “for bona fide domestic or agricultural purposes” by t he Punjab Land Preservation (Chos) Act (Amendment) Act, 1905 (IV of 1905), published in the Government Gazette Punjab and its Dependencies, dated: 21 September 1905, s. 2. 4Substituted for the words “and goats” by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 5. 5Inserted ibid., s. 6. 6Substituted ibid., for the expression “section 4 or section 5”, s. 7. 7Substituted for the word “Gazette” by th e Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 8Ibid., for the words “Local Government”. 9Substituted for the words “or prohibitions” by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 7. 7. Proclamation of regulations, restrictions and prohibitions and admission of claims for compensation for rights which are restricted or extinguished .– (1) When, in respect of any 1 [*] area, a notification has been published under section 3, and– (a) upon such publication any general order made under section 4 2 [or section 5- A] becomes applicable to such area, or (b) any special order under 3 [sections 4, 5 or 5 -A], is made in respect of such area, the 4 [District Officer (Revenue)] shall cause public notice of the p rovisions of such general or special order to be given, and , if the provisions of any such order restrict or 5 [prohibit the exercise of] any existing rights, shall also publish, in the language of the country , in every town and village the boundaries of which include any portion of the area within or over which 6 [the exercise of any such rights is so restricted or prohibited], a proclamation stating the regulations, restrictions and prohibitions which have been imposed, by any such order, within the limits of such area or in any part or parts thereof; fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any compensation in respect of any right so restricted or prohibited, within such period, either to present to such officer a written notice specifying, or to appear before him and state, the nature and extent of such right and the amount and particulars of the compensation (if any) claimed in respect thereof. (2) Any claim not preferred within the time fixed in the proclamation made under sub-section (1), shall be rejected: Provided that, with the previous sanction of the 7 [Executive District Officer (Revenue)], the 8 [District Officer (Revenue)] may admit any such claim as if it had been made wi thin such period. 9 [7-A. 10 [ 1 [District Officer (Revenue)]’s powers regarding execution of works or taking of measures ].– (1) When an order has issued under section 5 -A, the 2 [District Officer 1The word “local” was omitted by the Punjab Land Preservati on (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 8. 2Inserted ibid. 3Substituted ibid., for the expression “section 4 or section 5”. 4Substituted for the words “Deputy Comm issioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2 : the said Ordinance was saved under Article 270AA of the Constitution of t he Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 5Substituted for the word “extinguish” by the Punjab Land Preservation (Chos) Amendment Act, 1926 (VII of 1926), published in the Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 63, s. 4. 6Ibid., for the words “any such rights are so restricted or extinguished”. 7Substituted for the word “Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851-1852, s. 3: the said Ordinance was saved under Artic le 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267 -316, s. 96. 8Ibid., for the words “Deputy Commissioner”, s. 2. 9Inserted by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 9. 10Added by the Punjab Laws (Adaptation, Revi sion and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. (Revenue)] may by notice require the owner or occupier of the land to execute such works or take such measures as may be specified in the notice. (2) Every such notice shall state the time within which the works are to be executed or measures are to be taken. (3) A person aggrieved by an order contained in such a notice as aforesaid may, within thirty days from the service of such notice or within such longer period as the 3 [District Officer (Revenue)] may allow in this behalf, serve a notice of his objections on the 4 [District Officer (Revenue)] in such manner as may be provided by the rules made under this Act. (4) If and in so far as an objection under this section is based on the ground of some informality, defect or error in or in connection with the notice, the 5 [District Officer (Revenue)] shall dismiss the objection, if he is satisfied that the informality, defect or error was not a material one. (5) If the objection is brought on all or any of the following grounds, that is to say:– (a) that the notice might lawfully have been served on the occupier of the land in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served; (b) that some other person, being the owner, occupancy tenant, mortgagee with possession or lessee o r farm holder or possessing some other right in or over the land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required; (c) where the work or measure is work or measure for the common benefit of the land in question and other land, that some other person , being the owner or occupier of land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required; the objector shall serve a copy of his notice o f objection on each other person referred to, and on the hearing of the objection the 6 [District Officer (Revenue)] 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 the contrib ution to be made by any other person towards the cost of the work or measure, or as to the proportions in which any expenses which may become recoverable by the 7 [District Officer (Revenue)] under subsection (6) are to be borne by the objector and such other person: 1Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) O rdinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 2Ibid. 3Ibid. 4Ibid. 5Ibid. 6Substituted for the words “Deputy Commissioner” by the Punjab Land Prese rvation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, a s substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 7Ibid. Provided that no such order shall be made unless the person who is likely to be affected thereby has been given a reasonable opportunity of being heard. In exer cising his power under this sub section the 1 [District Officer (Revenue)] shall have regard– (a) as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works and measures required; and (b) in any case , to the degree of benefit to be derived by the different persons concerned. (6) Notwithstanding anything to the contrary in any law for the time being in force, no person required by a notice or an order under this section to execute any work or to take any measure shall be required to obtain the consent of an y other person before complying with such notice or order. (7) Subject to such right of objection as aforesaid and the right of appeal under section 18, if the person required by the notice to execute works or to take measures fails to execute the works o r to take the measures indicated within the time thereby limited, the 2 [District Officer (Revenue)] may himself or by an agent execute the works or take the measures and recover from that person the expenses reasonably incurred by him in so doing; (1) provided that it shall not be necessary for the 3 [District Officer (Revenue)] to wait for the decision of any objection other than an objection under clause (a) of sub -section (5), or an appeal against any decision on such objection, before taking action under this subsection; (2) provided further that the maximum amount that shall be recoverable in respect of any land in regard to which the work has been executed or the measure taken shall not exceed– (a) where the work is required to be executed or the measur e to be taken by the owner, ten times the land revenue assessed on all the lands owned by him in the 4 [Province]; and (b) where the work is required to be executed by the occupier, ten times the land revenue assessed on all the lands occupied by him in the estate in which such land is situated. (8) If the cost of any work executed or any measure taken by any person remains unpaid by the person from whom it is due after the date specified in a notice issued in this behalf by the 5 [District Officer (Revenue)] or such other date as is fixed by him, such cost 1Ibid. 2Ibid. 3Substituted for the words “Deputy Commissioner” by the Pun jab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 4Substituted for the word “Punjab” by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 5; duly approved by the West Pakistan Provincial Assembly on 30 March 1963 which was published in th e Gazette of West Pakistan (Extraordinary) on the same day, pp. 1349-1350. 5Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated : 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. shall be recoverable as an arrear of land revenue and a certificate issued by the 1 [District Officer (Revenue)] in this behalf shall be final and conclusive evidence of the sum so recoverable and the person liable for the same. (9) Every order issued under this section shall be published in such manner as may be prescribed in the rules made under this Act, and upon such publication every person affected thereby shall, unless the contrary be proved, be deem ed to have had due notice thereof. (10) The 2 [District Officer (Revenue)] may by general or special order authorise any revenue officer subordinate to him to enquire into any objection that may be brought under this section: Provided that no final order on any such objection shall be passed except by the 3 [District Officer (Revenue)] himself. (11) In making an order on objections brought under this section, the 4 [District Officer (Revenue)] shall be guided by such rules, if any, as the Provincial Government may make in this behalf. (12) For the purposes of this section, the expression “estate” shall have the meaning assigned thereto in the Punjab Land Revenue Act, 5 [1967 (XVII of 1967)]. ] Control over the beds of 6 [Nalahs] 8. Action when 7 [the Provincial G overnment] considers it desirable to take measures to regulate the beds of 8 [Nalahs].– vesting of such beds in 9 [the Provincial Government].– (1) Whenever it appears to the 10 [Provincial Government] that it is desirable that measures should be taken in the bed of any 11 [nalah] for the purpose of– 1Ibid. 2Ibid. 3Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary) , dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gaze tte of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 4Ibid. 5Ibid., for the figure “1887”, s. 4. 6Substituted for the word “Chos” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 7Substituted for the words “His Majesty” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 Ju ne 1964, pp. 1805 -1849, Article 2 read with the Schedule: it came into force on 8 June 1962. They were earlier substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth Schedule. 8Substituted for the word “Chos” by the Punjab La ws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 9Substituted for the words “His Majesty” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, Article 2 read with the Schedule: it came into force on 8 June 1962. They were earlier substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 Apr il 1937, pp. 75 -344, Article 3 read with the Sixth Schedule. 10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 11Substituted for the word “ Cho” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. (a) regulating the flow of water within and preventing 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 which such measures are to be so taken, require all persons posses sing proprietary or occupancy rights in land situate in such locality to themselves carry out the measures specified in such notification accordingly. (2) If the whole or any part of the bed of any 1 [nalah] be unclaimed, or, if, in the opinion of the 2 [Provincial Government], the measures deemed necessary under sub -section (1) are of such a character, in regard to extent and cost, that the interference of the 3 [Provincial Government] is absolutely necessary, or in the event of the owner or occupier of any portion of the bed of any 4 [nalah] failing, to comply with the requirements of any notification issued under sub-section (1), such Government may, by notification, declare that the whole or any part of the area comprised within the limits of the bed of any 5 [nalah] shall 6 [vest in 7 [the Provincial Government] ] 8 [* * * * * * ] for such period and subject to such conditions (if any) as may be specified in the notification: Provided that no such declaration shall be made in respect of or shall affect any land included within the limits of the bed of any such 9 [nalah], which, at the date of the publication of the notification making such declaration, is cultivated or culturable, or yield s any produce of substantial value. (3) When the owners or occupiers of suc h locality are unable to agree among themselves regarding the carrying out of such measures, the decision of those paying the larger amount of land-revenue shall be held to be binding on all. (4) The 10 [Provincial Government] may from time to time, by like notification, extend the period during which any such area shall remain vested in 11 [the Provincial Government]. 1Substituted for the word “Cho” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 3Ibid. 4Substituted for the word “Cho” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 5Ibid. 6Substituted f or the words “vest in the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule. 7Substituted for the words “His Majesty for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964 , pp. 1805-1849, Article 2 read with the Schedule: it came into force on 8 June 1962. 8The words “either absolutely and in perpetuity or” were omitted by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of 1926), published in the Government Gazette Extraordinary Punjab and its Dependencies , dated: 16 August 1926, p. 64, s. 2. 9Substituted for the word “Cho” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 11Substituted for t he words “His Majesty” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964 , pp. 1805-1849, Article 2 read with the Schedule : it came into force on 8 June 1962. They were earlier substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth Schedule. 9. Effect of notification to suspend or extinguish private rights in the area notified under section 8.– Upon the making of any declaration under sub-section (2) of section 8, all private rights of whatever kind existing in or relating to any land comprised within the area specified in the notification containing such declaration at the time of the publication thereof, shall– 1 [be suspended for the period specified in the declaration and for such further period (if any) to which such period may at any time be extended]: Provided that, as far as circumstances admit, such rights of way and water shall be reserved, in respect of every such area, as may be necessary to meet the reasonable requirements and convenience of the person s (if any) who, at the time of the making of such declaration, possessed any such rights over such area. 10. Power of 2 [District Officer (Revenue)] to delimit the bed and t o decide what constitutes such bed.– Power to take possession of bed when vested in 3 [the Provincial Government].– (1) The 4 [District Officer (Revenue)] shall, for the purposes of every notification issued under sub -section (2) of section 8, fix the limit s of the area comprised within the bed of the 5 [nalah] to which such notification is to apply. (2) Upon the publication of a notification containing any declaration under sub - section (2) of section 8, it shall be lawful for the 6 [District Officer (Revenue)] to– (a) take possession of the area specified in such declaration; (b) eject all persons therefrom; and to (c) deal with such area, while it remains vested in 7 [the Provincial Government], as if it were the absolute property of 1 [the Provincial Government]. 1Substituted by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of 1926), published in the Government Gazette Extraordinary Punjab and its Dependencies , dated: 16 August 1926, p. 64, s. 3., for the following clauses:- “(a) if no period is specified in such declaration—cease and determine absolutely; (b) if any period is specified in such declaration —be suspended for such period and for such further period (if any) to which such period may at any time be extended”. 2Substituted for the words “Deputy Commis sioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 3Substituted for the words “His Majesty” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, Article 2 read with the Schedule: it came into force on 8 June 1962. They were earlier substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth Schedule. 4Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic R epublic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 5Substituted for the word “Cho” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 6Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Ame ndment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substitute d by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 7Substituted for the words “His Majesty” by the West Pakistan Laws (Adaptation) Order, 1964 , (1 of 1964), published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964 , pp. 1805-1849, Article 2 read with the Schedule : it came into 11. Bar of compensation for acts done under section 8, 9 or 10 .– No person shall be entitled to any compensation for anything at any time done, in good faith, in exercise of any power conferred by section 8, section 9 or section 10. 2 [12. Condition as to sale of land acquired under the Act and obligation of Local Government to keep account of moneys expended on such land.– * * * * * * * * * * * * * * * * * * * *] Power to enter upon and delimit notified areas and beds 13. Power to enter upon survey and demarcate 3 [*] areas notified under section 3 or section 8 .– It shall be lawful for the 4 [District Officer (Revenue)] and for his subordinate officers, servants, care-takers and workmen, from time to time, as occasion may require,– (a) to enter upon and survey any land comprised within any 5 [*] area in regard to which any notification has been issued under section 3 or section 8 6 [or in regard to which a notification is proposed to be issued under section 5-A]; (b) to erect bench-marks on and to delimi t and demarcate the boundaries of any such 7 [*] area; and (c) to do all other acts and things which may be necessary in order adequately to preserve or protect any land or to give effect to all or any of the provisions of this Act: Provided that reasonabl e compensation, to be assessed and determined in the manner in this Act provided, shall be made in respect of any damage or injury caused to the property or rights of any person in carrying out any operations under the provisions of this section, but no su ch compensation shall be payable in respect of anything done under the said provisions within the limits of any 8 [*] area notified under section 8. Inquiry into claims and award of compensation 14. Inquiries into claims and awards thereupon .– (1) The 9 [District Officer (Revenue)] shall– force on 8 June 1962. They were earlier substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth Schedule. 1Ibid. 2Omitted by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of 1926), published in the Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 64, s. 4. 3The word “local” was omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 4Substituted for the words “Deputy Commi ssioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Ga zette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 5The word “Local” was omitted by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 10. 6Added ibid. 7The word “Local” was omitted ibid. 8The word “Local” was omitted by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 10. 9Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851-1852, s. 2: the said Ordinance was saved under Article 270AA of the (a) fix a date for inquiring into all claims made under section 7 1 [* * *] and may, in his discretion, from time to time , adjourn the inquiry to a date to be fixed by him; (b) record in writing all statements made under section 7; (c) inquire into all claims duly preferred under section 7 2 [* * *]; and (d) make and award upon each such claim, setting out therein the nature and extent of the right claimed, the person or persons making such claim, the extent (if any) to which, and the person or persons in whose favour, the right claimed is established, the extent to which it is to be restricted or 3 [prohibited], and the nature and amount of the compensation (if any) awarded. (2) For the purposes of every such inquiry the 4 [District Officer (Revenue)] may exercise all or any of the powers of a Civil Court in the trial of suits under the Code of Civil Procedure 5 . (3) The 6 [District Officer (Revenue)] shall announce his award to such persons interested, or their representatives, as are present, and shall record the acceptance of those who accept it. To such as are not present, the 7 [District Officer (Revenue)] shall cause immediate notice of his award to be given. 15. Method of awarding compensation and effect of such award.– (1) In determining the amount of compensation , the 8 [District Officer (Revenue)] shall be guided, so far as may be, by the provisions of sections 23 and 24 of the Land Acquisition Act, 1894 9 , and, as to matters which cannot be dealt with under those provisions, by what is just and reasonable in the circumstances of each case. (2) The 10 [District Officer (Revenue)] may, with the sanction of the 1 [Provincial Government] and the consent of the person entitled, instead of money , award compensation in land or by reduction in revenue or in any other form. Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 1The expression “or section 12” was omitted by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of 1926), published in the Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 64, s. 5. 2Ibid. 3Substituted ibid., for the word “extinguished”. 4Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 No vember 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakista n (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 5XIV of 1882. Subsequently replaced by the Code of Civil Procedure, 1908 (V of 1908). 6Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 7Ibid. 8Ibid. 9I of 1894. 10Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. (3) If, in any case, the exercise of any right is prohibited for a time only, compensation shall be awarded only in respect of the period during which the exercise of such right is so prohibited. 2 [(4) * * * * * * * * * * * * * * * * * *] Procedure, Records and Appeal 16. Record-of-rights in respect of notified area s.– (1) For every area, notified under section 3 or section 8, the 3 [District Officer (Revenue)] shall prepare a record setting forth the nature, description, local situation and extent of all rights mentioned in section 4 and section 5– (a) existing within such area at the time of the publication of the notification relating thereto under section 3 or section 8; (b) regulated, restricted, 4 [*] or 5 [prohibited] by any order under section 4 or section 5. (2) When any award is made under section 14, its effect upon any right s shall also be recorded therein. 17. Mode of proclaiming notifications and of serving notices, orders and processes, issued under the Act.– (1) Upon the publication of a notification issued under any of the provisions of this Act, the 6 [District Officer (Revenue)] shall cause public notice of the substance thereof to be given at convenient places in the locality to which such notific ation relates. 7 [(2) The procedure prescribed for the service of summons, notice, order or proclamation under the law relating to land revenue for the time being in force, shall be followed, as far as may be, in proceedings under this Act.] 18. Appeal, review and revision .– Every order passed and every award made by a 8 [District Officer (Revenue)] under this Act, shall, for the purposes of appeal, review and revision, 1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian La ws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with Table of General Adaptations. 2Omitted by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of 1926), published in t he Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 64, s. 6. 3Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gaz ette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), p ublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 4The word “suspended” was omitted by the Punjab Land Preservation (Chos) Second Amen dment Act, 1926 (VIII of 1926), published in the Government Gazette Extraordinary Punjab and its Dependencies, dated: 16 August 1926, p. 64, s. 7. 5Substituted ibid., for the word “extinguished”. 6Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 7Substituted by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 6; duly approved by the West Pakistan Provincial Assembly on 30 March 1963 which was published in the Gazette of West Pakistan (Extraordinary) on the same day, pp. 1349-1350. 8Substituted for the wo rds “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851 -1852, s. 2: the said Ordinance was saved under Article 270AA of the C onstitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. respectively, be deemed to be the order of a Collector within the meaning of sections 1 [161, 162, 163 and 164] of the Punjab Land Revenue Act, 2 [1967 (XVII of 1967)] 3 [ 4 [* * * * * * * * * * * *], or any other law relating to land revenue for the time being in force, as the case may be]: Provided that nothing in this Act contained shall be deemed to exclude the jurisdiction of any Civil Court to decide any dispute arising between the persons interested in any compensation awarded as to the apportionment or distribution thereof amongst such persons or any of them. Penalties, bar of suits and rules 19. Penalty for offences .– Any person who, within the limits of any 5 [*] area notified under section 3, commits any breach of any regulation made, 6 [restriction or prohibition imposed, order passed or requisition made under sections 4, 5, 5 -A or 7 -A], shall be punished with imprisonment for a term which may extend to one month, or with a fine which may extend to one hundred rupees, or with both. 20. Application of provisions of 7 [Act XVI of 1927].– 8 [The provisions of sections 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64 (excluding the last sentence), 66, 67, 68 and 73 of the 9 [*] Forest Act, 1927 10 ], shall, so far as applicable, be read as part of this Act, and, for the purposes of those provisions, every offence punishable under section 19 shall be deemed to be a “forest offence,” and every officer employed in the management of any area notified under section 3 or section 8, as care-taker or otherwise, shall be deemed to be a Forest-officer. 21. Bar of suits .– No suit shall lie against 11 [the 12 [Provincial Government] ], for anything done under this Act, and no suit shall lie against any public servant for anything done, or purporting to have been done, by him, in good faith, under this Act. 1Ibid., for the expression “13, 14, 15 and 16”, s. 5. 2Ibid., for the figure “1887”. 3Inserted by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 9 February 1963, pp. 723 -724, s. 7; d uly approved by the West Pakistan Provincial Assembly on 30 March 1963 which was published in the Gazette of West Pakistan (Extraordinary) on the same day, pp. 1349- 1350. 4The words “or the corresponding provisions of the Sind Land Revenue Code, 1879” were deleted by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 26 November 2001, pp. 1851- 1852, s. 5: the said Ordinance was saved under Article 270AA of the Constitution of th e Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 5The word “Local” was omitted by the Punjab Lan d Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 11. 6Substituted ibid., for the expression “or restriction of prohibition imposed under section 4 or section 5”. 7Substituted for the expression “Act VII of 1878” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 8Substituted for the expression “The provisions of sections 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 63 (excluding the last sentence), 64, 65, 66, 67 and 72 of Indian Forest Act, 1878” by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, pp. 374-376, s. 12. 9The word “Indian” was omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 10XVI of 1927. 11Substituted for the words “the Secretary of State for India in Council, or the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazett e of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth Schedule. 12Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 J une 1964, pp. 1805 -1849, Article 2 read with the Schedule: it came into force on 8 June 1962. 22. Power to make rules.– (1) The 1 [Provincial Government] may make rules, consistent with this Act,– (a) regulating the procedure to be observed in any inquiry or proceeding under this Act; and (b) generally for the purpose of carrying into effect all or any of the provisions of this Act. (2) All rules made under this section shall be published in the 2 [Official Gazette]. 1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 2Substituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.