(1) The amount of compensation payable un this Act shall be assessed, so far as practicable, in aa compensation or ance with the provisions of sub-section (/) of section 23 ane in case of j of of the La nd Acquisition Act, 1894].
94. ge ;
" 2(2) Where there is dispute in respect of the apportionment of — gq) the amount of compensation determined under sub-section (2) of section 15, or sub-section
(4) of section 17;
(b) the net value realised under sub-section (4) of section 23 ;
(c) the total amount of compensation determined under sub-section (2) of section 26, the Consolidation Officer shall refer the dispute to the decision of the Civil Court and deposit the , amount of compensation or net value, as the case may be, in the Court and thereupon the provisions of sections 33, 53 and 54 of the Land Acquisition Act, 1894, shall, so far as may be lof 1894, apply.
Application of oup of estates or any part Chapter II to conf holdings has been effected solidated holdings.
] shall, as the
35. In any estate or gf thereof where consolidation 0 under this Chapter, the *[Central Government soon as may be, take all necessary steps to apply provisions of Chapter II.
4136. A scheme for the consolidation of holdings oxo to vary oF confirmed under this Act may, at any time, be varied or revoked by the authority which confirms 1t subject to any order of the ®[Central Government] that may be made , in Telation thereto and a subsequent scheme may be prepared, published and confirmed in accordance with the Provisions of this Act.]
Unserted by Punjab Act, XXIII of 1950, section 4.
XXIII *Existing provision of section 34 renumbered as sub-section (2) of 1950, section 4.
ab Reorganisation ts), Order, 1968.
_ by Punjab Act, i$ b I “ec $? Punj (Chand? eostituted for the words “State Government by the ru 'andigarh) (Adaptation of Laws on State and Concurrent Subjec ‘Substituted by Punjab Act XX of 1953, section 3.
~~ 1948 : East 352 HOLDINGS (CONSOLIDATION [ St Ph, Acty.
AND PREVENTION OF FRAGMENTATION) 4 —OTHER POWERS OF CONSOLIDA rg CHAPTER IV eowens N Powers of officers 37. The Consolidation Officer and any Person Acting to enter upon land der hi ders may, in the discharge of any duty Und for purposes of UNder his or or ° d survey land and Crect ot Survey and demarca- this Act, enter upon and survey ; SUrvey tion, marks thereon and demarcate the boundaries thereof and do all other acts necessary for the proper performance of that duty.
- (J) If any person wilfully destroys or injures 0; tom injury withont ha authority removes a survey mark, lawfully marks. SY erected. he may be ordered by a Consolidation Office to pay such fine not exceeding fifty rupees for each mark So destroyed, injured or removed, as may, in the OPinion of that officer be necessary to defray the expenses of restor- ing the same and of rewarding the person, if any, who gave information of the destruction, injury or removal.
(2) The imposition of a fine under this section shall not bar a prosecution under section 434 of the Indian xi Penal Code.
Report of destruc. 39. Ever tion or removal or injury to survey bound to furnish a Consolidation Officer marks, respecting the destruction or remo Pe om 40. (7) A Consolidation Officer or a Settlement Off- Settlement Officer Cer (Consolidation) ma (Consolidation) to dance he considers nece summon persons. : :
(2) A person so summ oned shall be bound to appeat at the time and place menti Oned in the summons in person or if the summons so allows, by hi 43 y his recognised agent or a legal practitioner, ) | . Fast Pb. Act L.] HOLDINGS (CONSOLIDATION 353 1948 AND PREVENTION OF FRAGMENTATION)
(4) If a person summoned under sub-section [(¢ ) od cause, to attend or to produce any joo wit thing which he may be required to produc h oral be liable, at the discretion of the Consolidation Officer shal Settlement Officer (Consolidation), as the case ma be, to 2 fine which may extend to fifty rupees - 4 a " * provided that no such fine shall be imposed on a perunless he was summoned to attend or required to prodocument or other thing within the limits of the which he ordinarily resides, holds or cultivates son duce any estate 1n d.
land. CHAPTER V—General
41. (/) The TCentral Government] may for the Appointment _ of administration of this Act appoint such persons as it thinks oo aeleeation ot fit, and may by notification delegate of its powers or func- Powers. ~ tions under this Act to any of its officers either by name or designation.
(2) A Consolidation Officer or a Settlement Officer 5 (Consolidation) may, with the sanction of the ?[Central Government], delegate any of its powers or functions under this Act to any person in the service of the 2[Central Government]. | 342, The 2[Central Government] may at any time for Powers of *[Central the purpose of satisfying itself as to the legality or propriety Government co can of ‘lany order passed, scheme prepared or confirmed or repartition made by any Officer under this Act,] call for and examine the record of any case pending before or disposed of by such officer and may pass such order 10 reference thereto as it thinks fit : | 1Added by Punjab Act No. VIII of 1952, section 2.
rnment” by the Punjab Reorganisation *Substituted for the words “State Gove , Gand ear) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968.
stio Adapt bie ion 6 of Punjab Act No. 27 of 1960 reads as follows: contained in any hing to the contrary ment of this Act illage concerned ; iud Validation—Notwithstandi ng anyt gement decree of order of any court,
(a) where in any scheme made land has been reserved for the panic for utilising the income thereof, or
(6) where before such commencement | 5s authority to whom it has delegated its powers has Pan" ascinding @ under seclion 42 of the principal Act revisits ‘1 any officer aoe prepared or confirmed or repartition made jot Suc under that Act emed to be vanytesetvation of mere dich order as the case may be shall ° on nd that Such rand any such scheme or order shall not be questioned ny Stctignetvation ofland could not be made Or, as the case aithority ha OWer tone the principal Act the State Government or suc act” bY 4 ASS su 7 , Punjab ubstituted for the words “any order passed by any officer ae thpstituted.
St No. 27 of 1960. and shall be deemed always to have before the commence hayat of the V nment or any the State Gover an order 354 HOLDINGS (CONSOLIDATION: [1948 ; East pp, A AND PREVENTION v* Acty.
OF FRAGMENTATION)
Provided that '[no order, scheme or repartition Sh be varied] or reversed without giving the parties interes notice to appear and opportunity to be heard exc ‘i ed cases where the 3[Central Government] is Satisfied { the e - hat proceedings have been vitiated by unlawful] Consideration Appeal and Re. 43. Except as provided in this Act no a Ppeal or reyj.
“tston. sion shall lie from any order passed under this Act.
Correction of *[43-A. Clerical or arithmetical mistakes in a SCheme clerical errors. made, or an order passed by any officer, under this Act arising from any accidental slip or omission may at an time be corrected by the authority concerned either of its Own motion or on the application of any of the parties].
Court tase ‘i “ 44. No civil court shall] entertain any suit instituted regards matters or application made, to obtain a decision or order in respect arising under this Ace of any matter which the *[Central Government] or any Officer is, by this Act, empowered to determine, decide, or dispose of.
Public __ servants 45. No suit or other le indemnified for acts — gal proceedings shall be main- done under this Act. ined in respect of the exercise of any powers or discretion conferred by this ct » OF against any public Servant or pet- son duly appointed or authorised under this Act) in respect of anything in good faith done Or purporting to be done under the provisions thereof or the rules made thereunder.
ee 'Substituted for Words ‘‘State Government by the Punjab Reorganisation {handiearh) (Adaptation of Laws on State and Concurrent Subjects) Order, ‘Substituted for the words “no order shall ied” jab Act No. 27 of 1960, and shall be deemed always to have been 50 pa held Punj “Inserted by Punjab Act xx of 1953, section 4, *New section 43 A ins; ted by Punjab Act No. 20 of 1959, section 6.
48: East Pb. Act L.] HoLpincs (CONSOLID : ATIO AND PREVENTION —N 395 OF FRAGMENTATION) , (1) The [Central Government] may b ‘ cation make rules *[for carrying oyt the purpo st ota Rules Act. | 2) In particular and without Prejudice tot of the foregoing power, the Central Gove he 8enerality make rules providing for— tment] may
(a) the manner of publication under sub-section (2) of section 4, sub-section (J) of section 14 sub- sections (7) and (2) of secti : lon 19, sub-secti of section 20 and sub-section (1) of section 31
(b) the manner of giving public notice under sub- section (3) of section 5 :
(c) the manner of giving notice under sub-section (2) of section 6 ; (d) the procedure to be followed in the of the scheme under sub-
(e) the manner in which th under section 18 and ¢ preparation J section (2) of section 14:
€ area is to be reserved he manner in which it is to be dealt with and also the Manner in which the village abadi is to be given to proprietors and non-proprietors (including scheduled castes, Sikh backward classes, artisans and labourers) on payment of compensation or otherwise :
(f) the manner in which compensation recoverable from any person under sub-section (3) of section 23 shall be deposited by him :
“[(ff) the fees to be paid in respect of appeals and applications made under this Act, the documents which shall accompany such appeals 7“ applications and the period within which appli- Cations shall be filed];
(g) the guidance of the Consolidation Officer or Tespect of the transfer of a lease, ye g — Other encumbrance under section ;
1 : tab Reorganisation (Changs Ubstituted for the words ‘‘State Government” by the Punja : Order, 1968, Sath)Adaptati and Concurrent Subjects) 1, dated Sth Dear OF Tues, See Rast Pures Government notification No. 10954-D0)/ 1070-71, a8 Mbsequember. » 1949, East Punjab Government Gazette, 1949, PartI, PP. ayutly amended 4 New cla Clause (ff), inserted by Punjab Act No. 20 of 1959, section 7.
os 356 HOLDINGS (CONSOLIDATION [1948 ; East Ph. Ag, : AND PREVENTION ‘ OF FRAGMENTATION) h) the manner in which the area ASSessment (: ( ding water-rate, if any), of each reconsijt holding and tenancy shall be determineg . ‘ed
(7) the appointment of guardians ad litem fo, Minors.
’
(j) generally for the guidance of the Consolidat; » * Officer and other officers and persons in an proceedings under this Act ; and (kK) any other matter which is to be or may be Dres. cribed.
(3) All rules made under this section shall be subject to the condition of previous publication.
47. The enactments mentioned in the schedule are hereby repealed.
THE SCHEDULE (See Section 47) Enactments Repealed Year No. Short title
1936... IV The Punjab Consolidation of Holdings Act, 1936.
1940 .. IX The Punjab Consolidation of Holdings (Amendment) Act, 1940.
1945 .. II The Punjab Consolidation of Holdings (Amendment) Act, 1945.