THE EAST PUNJAB UTKLXZATXON OF LANDS ACT, 1949 TtcBLE OF CONTENTS Sections.
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16. Short-ti~lc and extent. Dcfinirions. Power 10 take possession of any vacant land. Payment of compensation. Lease by Collector. Power oF Cdlcctor to determine leasc in cenain cases. Dclivery of posscssjcn on teminalion of leu*~'. Penalty for failure of the [enant lo grow food or [odder crops. Omitted. Sums due rec~~venble as arrears of Iand rcvenue. Power of Collecror to use force for sccuring compliance with his order. Delegadon of functions. Instrument of'leasc not ncctlssmy. Appeal and Revision. Omitred. Dcbar to suils or legal proceedings. Powcr of Governmen! to make n11es. 'TJdE EAST PUNJAB UTILIZATION OF LANDS ACT, 1949. EAST PUNJAB ACT NO. 38 OF 1949. ' (&c&ved the assent of His DccIIency the Go~mzor-Gmeml !he 22nd hroverrtber, 1949, and f i r plrblished j?r I he East Pltrqub Government Gazelte (Ehrno~-dinary) of Novenr ber 26, 1 9491. - 1 - Year - 1949 - - 4 Whether repealed or urherwise affecled hy legtsla~iun. Amended in put by the Adaptarion of Laws Order, 1950> Amended in pan by h e Adaphlion of Laws (Third Amendment) Order,
1951. Amended in par[ by Punjab Acr 1 1 of 19512. Amended in part by Punjab Act 32 of 1953'. Amended by Punjab Act No 39 of 1956'. Amcndcd by Punjab ACI No. 24 of f 9575. Extended to the rerrirorics which I immedia~el y beforc ~ h c lsl November, 1956; were comprised in the Statc I of PaliaIa and East Punjab State Union, by Punjab Act No. 5 of 1 95g6. 2 No. 3R 1 . For Statement of Objccts and Rcasons. sre East Punjab Government Gazelle (Extraordinary). 1949. page 1 130.
2 . For Slaternen1 of Objccls and Reasons, see Punjab Government Gazet~e Fxtraordinary)l95 1, page 93. (This Act rcpaled Punjab Ordinance No. 15 of - 1950). 3 Shdrt title The East Punjab Utilization OF Lands Act. 1349
3. For Statement of Objects and Reasons, sce Punjab Governmenr Gazette Exuaordinary). 1953. page 164. L
4. Fur Statemcn~ u i Objects and Reasons, see Punjab Government Gazcttt: - .(Exvaordinaq), the 2 I" August, 1956, pages 1078-79. 5 - For Sta~emcnt of Objects and Rcasons, sct: Punjab Gclvernment Gazc~tc (Exrranrdinary). dated the 21" May, 1957, paze 660.
6. For Stalemcnt nf Objects and Reasons, see Punjab Covcrnmcnt Gaze~tc ( E ~ t r ~ z o r d i n a r y ) , 1355. pagc 1487. 272 UTILIZATION OF LANDS [I949 : EAST PB. ACT 38 Year 1 No. - ( Shon tide 1 Whether repealed or otherwise affected by Iegislatinn. 38 The East Punjab Ulilization of Lands Act, 1949 Arnendcd by Punjab Acr No, lof 1960'. Amended by thc Haryana A d a p ~ d o n of Laws (State and Concurrent Subjects) Order, 1968. Amended by Haryana Acr 1 of 197 1 '. Arnendcd by Haryana Act 35 of 197 1'. AN ACTTO PROVIDE FOR THE UTILIZATION OF LANDS M 'DRYANA] It is hereby enacted as follows :- s hurl ~ide and 1. ( I ) This Act may be called the East Punjab UdIization of Lands extent. Act, 1949.
(2) It extends to the whole of the '[State] of 4[Haryana]. Definitions. 2. In this Act, unless thcre is anything repugnanl in the subject or context,- East Punjab Acl (a) "Allottee" has the meaning assigned to it under the East 36 of 1949. Punjab Displaced Persons (Land Resettlement) Act, 1949.
(6 ) "Collector" means Collector of the district where the land is situated.
1. For Staremcnt of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dared the 31" march. 1959, page 472. 2- For Statemeni of Objects and Reasons, sce Haryana G o v e m e n ~ Gazette (Extraordinary) 1971, page 138.
3. For S~a~emcnt of Objects and Reasons, sec Haryana Government Gazette (Extraordinary) 197 1, page 1002.
4. Substituted for the word "Punjnb by [he Haryana Adapla~ion oC Laws (SI~IC and Concurrent Subjecls)Order, 1968. I 5 . Substituted for h e word "Province" by the Adaprauon of laws Order. 1950.
6. Sub-section (3) wliich read as Follows :- "Ir shall remain in force Inr two years from the dare of iis cornmenccment" was ornilled by Punjnb Aci 1 1 ol' 1951, section ?.. 1349 : EAST h. ACT 381 1 ITII_IZATION OF LANDS 273
(c) "Custodian" has the meaning assigned to i t in the Administration of Evacuec Propcrty Ordinance, 1949. d "Evacuee !and" means Iand which has vested in the Custodian under the provisions of the Administration of Evacuee Property Ordinance, 1949.
(e) "Land" means land which is not urban land and is not occupicd as the site OF k y building i n a town nr village, but does not iqclude Iand which is leased by Government or ~ustodian under any law other than this Act. (J "Owner" means a person having a proprietary righL in the land and includes an allottee, a usufructuary mortgagee or a lessee.
(g) "Prescribed" means prescribed by rulcs made under the Act.
( h ) 'Tenant" means a person to whom land is leased by the Collecror undcr the provisiotls of this Act.
( i ) "Urban land" means all land included within the limits of a Corporation, Municipal Committee, Notified Area Committee. Town Area, Small Town Committee and Cantonment.
3. ' [ { I ) Notwithstanding any law to the contrary. the Cnllecror Power to take may issue notice lo the owner of any land which has not been cultivated possession of for the last six or more hanests to show cause within thirty days of the vacant date of the service of such notice on him, why the land has not heen cultivated and in case rhe Collector does not find the explanation to h e satisfactory, hc may rake possession of the land forthwith for the purposes of this Act :
Provided that the Collector may take possession of the land without issue of notice, if, in his opinion, the owner lhereof has been wronghll y shown in the revenue records to have cultivated the land which in fact remained uncul~ivated for six or more harvests prior to such wrong entry.)
(2) The notice required hy sub-section ( I ) shall be deemed to be duly served if delivered at or sent by post to, the usual or last known place of residencc of the owner : 1 , Sub-section I I ) of scciian 3 subsliruted by Punjab h c l No. 39 of 1956. secl~on 2. 274 UTIL~ZATION OF LANDS 11 949 : EAST PB. ACT 38 Lensc by Collector. Power of Collector to determine lease in certain cases.
Provided that no notice shall be deemcd to be invalid on the ground of any defect, vagueness or insufficiency. '14. Where possession of any land has been taken undcr h e last preceding section, compensation shall be paid in accordance with the provision of sccrion 23 (1) of the Land Acquisition Act, 1894 (Act No. 1 of 1894) :
Provided that from the compensation rhe Collector shall be competent to deduct the expenditure, if any, incurred in relation to any preliminary prmess incidental to the utilization of the said land or in connecrion with any additional staff or services rendered necessary for such utilization and computed in the manner prescribed. The balance shall be paid to the person who in his opinion is entitled to reccive h e same, without prejudice to the rights of any other person who may be lawfully enlitled to claim it.]
5. Where the Collector has taken possession of any land under section 3 he may, lease i t to any person on such terms and conditions as he may deem fit for the purpose of growing food and fodder crops : ?[Provided thar the period of lease shall nor be less than 7 years or morc than 30 years.] 3[6. ( I ) If a tenant commits a breach of my of the terms and condilions of his tenancy, the Collector shall have the power to determine h e Icase and take possession of the land afier affording a rcasonabIe opportunity to the tenant to show cause why h ~ s Lease should nor be determined and the possession of the land taken.
(2) Where lease has been determined by the Collector under sub-section (I), the tenant shall not be entitled to any cornpensarion.
(3) The principles embodied in the various provisions of the Transfer of Property Act, 1882, shall not apply to any proceedings under this Act.
(4) No civil or revenue court shall have jurisdiction to entertain any suit or prnceedjngs in respect of the determination of lease or eviction of a tenant.]
1. Substi~utcd for section 4, by the Easl Punjab Ut~liznrion oFLsnds (Arnendmenr) Act, 1953, section 2 (Punjab Acr 32 of 1953).
2 . Substituted for the old proviso by Punjab Aci 1 1 of I95 1, seclion 5.
3. Subsriiuted for ~ e c ~ i o n 6 by Haryana Act 35 197 1. 1949 : EAST PB. ACT 381 UTILIZATION OF LANDS 27 5
7. ( I ) Where any land taken possession of by the Collecror under Delivery of section 3, is on the expiry of the lease ' [ " * * * * "1 to be returned p"ssession on to rt~e owner, thc ~ollector-may after making such inquiry, if any, as he termination of leasc. considers necessary, specify by order in writing the person ro whom I possession of the land shall be given.
(2) The delivery of possession of land to ~ h c person specified i n any order made under sub-secrion (1 ) shall be a full discharge of the Collector Irom all liability i n respect of such delivery bul shall not prejudice any rights in respeclo1 the land which any other person may be cnti tled by due process of law io enforce against the person to whom possession of the land is so delivered.
(3) Where the person to whom possession of any land is to be givcn cannot be found and has no agent or other person empowered to accept delivery on his behalf, the Collector shall cause n notice declaring that the land is released to be affixed on some conspicuous part of the land.
(4) On issue of the notice referred to in sub-section (3) the land specified i n the notice shall be deemed to have. been delivered LO [he person entitled to the possession thereof, and the Government or the Colle.ctor shall not bc liable. lor any compensation or other claim in respecr of the land for any period aftcr the said dale.
8. Where the tenant fails to grow food or fodder crops on the land Pendry for fadure of fir: renmr leased to him, he shall bcrides the payment of rent fixcd under section 5 ,o or be also liable to pay a penalty not exceeding twice such renr. Foddtr crops. 1 0. All sur-11s due under (his Act from thc n wner or tcnant shall be suln5 due Ircorerahle as arrcars rc~overable as marrcars of land Ievenue. of land rcvcnuc.
11. The Collector may takc or cause Lo be taken such steps and usc palk-cr uf collcclur to usc l'orcc or cause to hc used force as may in his opinion be reasonably necessary ,,,,,i ,, for sccuring compliance wilh any order madc by him undcr this ACL. cumpliantc lvil l l his ordcrs.
12. The Collecror may delegate all or any of his powers and Dclcgillion or funclions under thls Act to any officcr of [he Revcnue or Rehabilitation rUnC'io"S. Deparimcl~t in his &strict cithcr by name or designation.
1 . 'f'hc words ''or its earlicr tcrminalion" ornilred by Phnjab Act I I of 195 I . section 7. 2 , Secliun 9 omitted by Punji~b 11ct I 1 of 195 1 , section 8. 276 U T ~ I Z A T I O N C F LANDS 11 949 : EAST PB. ACT 38 Ins~rumenr of 13. Notwithstanding anything contained in any law for the time ! Ica~c no1 ncccs- I sv being i n force, no instrument in writing to give effect ro a lease by the Collector under the Act shall require stamps, attestation or registration. : ~ p p e a l ;md Rcvi- '(14. (I) Any person aggrieved by an order passed by the Collector ' sion. may, within fifteen days lrom the date of such order, or such longcr '7 PI-iud as [he Ccmissioner m y a?lc.+ fcr xasons :G 5c recordcd iii wri tins, prefer- an appeal in writing to the Commissioner of Di vjsion i n which the land is situate. r + , ~ ~ ~ ~ ~ i ~ , , :- ln b a ~ ~ i p k ~ ~ r l g -. -.--.-,* the peiiod ai G Tizerl diiys, t i ~ c ; tinlt: raken in obraining a certifitd copy of rhe order appealed against sbzll br excf uded. 12) On such appeal being preferred, the Commissioner may order stay o f f~ r rhe r ~ r s f eedings in lhc ma!:c: ~ r ; d i n g decisioi; or: the appe'li . [.3! Thc Ci~!nmi.;.;irqer .h_tw!] decide the ?ppc.! ?I!r!- a- ni~:i?.c 5 tho % m a w parlies an opporrunity of being heard and, if necessary, after sending for the ~ c o r t ! s of the case fr tm the CnIIcctor and zF!er mahng such ennrvi-' Y "*'J as ilc Lhinks fit either personally or through the r'lniltcror. I . . ( A ) '!'!h~ ylz[e ~~;#zy~~-z~ E T ;hz 5;; ;~c: i ~;,;;-i;;>;r,;iGEcr auhoriscd by i t in this bchail: may, nt m y h e . for the cspose of "..':..L ;.--I&' .-.- L L . - . - : f ' ..... >. b . . , - . . I . . t . . . u 2 . ' , - --- - --.= :L-:-:U i:i i : : i c - * - ' * w w -LL :LI :ILL I G ~ L L ~ I L J u;' ++l3Ci , Ui Zi LXtZipassed by E:, nffircr under thjs Act, cd! fix :fid examiae the :EGG:& of any case pcnding before or disposed of by such officer and may: after giving the parties a reasonable opportunity of being heard, p:~ss such order in reference t!:c~-eco as may be deemed fit. (51 E.rcepr as provided ill Lllis Act no order made or x t i n n rekcn in cxcrctsc oiiuly powerconlmeci by Ihis Act shall becalled in~oquesrion in any court or S E F ~ I . ~ sny ufficcr or mthoirj.1 i . Sc~riulr i4 sub~~ililicci by Punjab Act KO, i d 19tiii. swtior~ j 2. t3rt..\ir>uslg sub-sec~ion (1) !hcrcnf was subsiituled by Punjab Acl No. 39 o f 1956, section 3 .
2 . Section I C A whicn was previously inserted hy Haryann Aui I oi!9'11. onlitled by lbryana ACI 3 of 197 I , -1 949 : EAST ?B. ACT 381 UTILIZATION OF l.A>!P> 277
15. ( I ) Tdo suil, prosecution or other Iegnl proceedir,g shall be Debar LC suit!; instituted against m y pesnn for any thins which is, in good faith, done or O r legal prointcnded to be done under this Act. ccedings.
(2) No suit or orher legal proceedings shall iic against the '[Government] for any damage causcd by any ihi ng which is, in good F~itb, donc or inkndcd to by d ~ i i c mdcr tiis Act. IG. The ' [St~ie] Government may by noti~ication make 'rules for Pawcr of GOV- carrying out ihe provisions of this Act. ernmcnl lo makc m ! ~ . --A .
1. Sr~bs~ihtcd for the word "C7-own" by rhe .4daptarion &Laws Order, 1950.
2. Subs!ituted f a the word 'Pmui ncial" hy 11;e Adaptafitm naT L a w Order, 1950.
3 . For rules, SCE Pritljab Governrr~la~t MotiJicario~l No. 1'16U-FP-5Uf780, dared 20th I:cbruary, 1950. 1949HR38.pdf