1 [The Punjab Land Improvement Scheme Rules, 1978] 1 Short title –(1) These rules may call the Punjab Land Improvement Rules, 1978
(2) They shall come into force at once. 2 Definitions—In these rules, unless there is anything repugnant in the subject or context—
(a) "Act" means the Punjab Land Improvement Scheme Act, 1963.;
(b) "committee" means the District Land Improvement Committee constituted under section 4;
(c) "Form" means a form appended to these rules;
(d) "section" means a section of Act. 3 Notice of publication of scheme—[section 7 (2) and 30(2) (b)]— Simultaneously with the publication of scheme in the Official Gazette under Sub-section (2) of section 7, the committee shall publish the same alongwith a notice in Form 'A' in every village and at the headquarters of the Tehsil and district in which by affixing a copy thereof on the notice board in the offices of the Tehsildar and the Deputy Commissioner concerned and at conspicuous places in village or villages affected by the scheme. 4 Preparation of the Statement an entries in record of rights—[Sections 16 and 30 (2)(d)]—(1) The Statement under sub-section (1) of section 16 shall be in Form 'B' and prepared in Punjabi, language in Gurmukhi script. It shall be sent in triplicate by the Soil Conservation Officer to the Tehsildar concerned as soon as possible, after the 1st day of April in each year.
(2) On receipt of the statement, the Tehsildar shall retain one copy and shall forward the other two copies to the Patwari of the village concerned.
(3) The Patwari shall make the necessary entries in the mutation register corresponding to each entry in the Statement
(4) After the entry in the mutation register is certified as required by section 35 of Punjab Land Revenue Act 1887, the Patwari shall transfer the entry to the record of rights, under the column "other rights".
(5) The Patwari shall also fill in column 15 of the statement in Form 'B' and return one of the copies of the Divisional Soil Conservation Officer through the Tehsildar concerned.
(6) When the entries in the record of rights are altered on account of change of ownership of land, corresponding changes shall be carried out by the Tehsildar under his signature in column 14 of the statement in Form 'B' prepared under section 16 and received by him under sub-rule(5) 5 Extent Of enhancement of rent and condition subject to which enhancement may be made—[Section 22 and 30 [2](f)]—The landowner whose land has been included in a scheme may after a period of three years from the date of which the scheme come intro force under section 11, enhance the rent payable by a tenant in respect of such land by not more that ten per centum of payable on the date on which the scheme come into force. 6 Form of notice to be served on the land owner for maintaining or repairing works-[Section 17 and 30 (1)]—If any landowner, shown in the statement prepared under section 16 as liable to maintain and repair any work, does not maintain or repair it to the satisfaction of the Soil Conservation Office, the Soil Conservation Officer shall serve upon the land owner a notice in Form 'C' specifying the time within which the repairs described in the notice are to be carried out. 7 Manner in which documents plans and maps relating to a scheme which has come into force shall be accessible to the Public-[Section 25]—Documents, plans and maps relating to a scheme which come into force shall be open for public inspection at the officer of the Tehsildar concerned on payment of a fee of five rupees for each set of documents, plans and maps pertaining to the scheme. 8 Authentication of decision of committee-[Section 30 (2)(f)]—For the purposes of the Act the decisions of the Committee shall be authenticated and given effect to by the Secretary of the Committee. 9 Form of certificate under Section 13A (1)(iii)—The certificate under clause (iii) of sub-section (1) of section 13A shall be in Form 'D'. 10 Procedure for financing scheme and advancing amount under Section 13A—(1) The Punjab State Co0operative Land Mortgage Bank Limited shall examine the scheme along with the particulars received by it under sub-section (1) of section 13A form the Department and in case the said Bank is satisfied that the scheme is viable and is in order, it may sanction the financing of the scheme and forward the same to the Primary Land Mortgage Bank Concerned for financing purpose under intimation to the Department.
(2) In case the Punjab State Land Mortgage Bank Limited is not satisfied with the scheme, it will return the same to Department alongwith memorandum containing the objection due to which the financing of the scheme cannot be sanctioned. On removal of the objection raised by the Bank the Department shall re-submit the scheme to the Punjab State Co-operative Land Mortgage Bank Limited and when the scheme is re-submitted, the provisions of sub-rule (1) shall mutat is mutandis apply.
(3) The notification under sub(3) of section 13A shall be issued in Form 'E'.
(4) After the expiry of a period of one month of the issue of notification under sub rule (3), the department shall intimate to the Primary Land Mortgage rank concerned in the Form 'F' the estimated amount which is to be financed by it for executing the scheme.
(5) The Primary Land Mortgage Bank concerned shall advance the amount intimated under sub-rule (4) to the Department under intimation to the landowner concerned on whose behalf the amount is advanced. 11 Supply of information to the Bank--[Section 30 (2)(f)]—The Soil Conservation Officer shall supply such information to the Punjab State Cooperative Land Mortgage Bank Limited or the Primary Land Mortgage Bank concerned as may be deemed necessary and shall also assist in the inspection of the works of execution of the scheme by officers of said Banks. 12 Repeal & Saving—(1) The Punjab Land Improvement Schemes Rules 1963 are hereby repeated.
(2) Notwithstanding such repeal anything done or nay action taken under the rules hereby repeated shall be deemed to have been done or taken under these rules. 13 Manner of recovery of expenses incurred for carrying out works under section 14(4)—(1) When a scheme of lining a common canal water courses is executed under sub-section (4) of section 14 on behalf of the landowners, a notice in Form 'G' specifying the share of each landowners shall be displayed at a conspicuous place in the concerned village and the substance of that notice shall also be published in the village by beat of drum.
(2) If any landowner failed to deposit the amount of his share of the cost as specified in the notice referred to in sub rules (1) with the Soil Conservation Officer within a period of two months form the date of publication of such notice, the same shall be recovered in ten half-yearly equated installments together with interest thereon at the rate of twelve per cent per annum. Village Objection Approximate area in acres The work of the kind carried under to scheme Private Lands Government Panchayat Total Lands Lands or be out the
8. 9. 10. 11. 12. 13. scheme
14. Form 'A' (See rule 3) Notice of Publication of Draft Scheme In pursuance of the provision of sub-section (2) of section 7 of the Punjab Land Improvement Scheme Act, 1963, the District Land Improvement Committee noted below, hereby publish the draft scheme approved under sub-section (1) of the aforesaid section. Notice of the publication of the scheme is hereby given in accordance with the provisions of section 8 of the Act. All persons affected by the scheme who wish to make any claim or to submit any objection to the draft Scheme may do so in writing or by appearing personally before the Inquiry Officer. Agricultural Inspector or Sectional Officer, Soil Conservation Scheme, as given in column 3 on or before the expiry of 30 days of publication of this draft scheme. Draft Scheme approved under sub-section (1) of section 7 of the Punjab Land Improvement Scheme Act. 1963. Secretary, District Land Improvement Committee -------------------------------------------------- Serial No. District Land Inquiry Improvement Officer Committee Division Sub- Division District Tehsil
1. 2. 3. 4. 5. 6. 7. The agency or agencies Conditions according to through which the work shall be carried out which the Name of the owner Rectangle No. Khasra Nos District Tehsil contraction work will be carried out
16. and his
15. father's name
17. 18. 19. 20. 21. Total cost of work done Amount of subsidy Amount of be recovered Village Tehsil District Form 'B' (See rule 4) Serial No. Rs. Serial No. Khasra No. Name of Owner
3. Area Assessment
1. 2. 4. 5. Number Number Number Number of Total amount to of of of waste drains be recovered bunds trenches weirs from landowner
6. 7. 8. 9. 10. Period of recovery and number of installments of recovery
11. Year from Annual Person or which installment or persons liable recovery six monthly to maintain should begin installment and repair work individually or jointly * Serial number of entry in the mutation register and date of certification of the entry
15. Remarks
12. 13. 14. 16. Form 'C' (see rule 6) Form of Notice To Shri …………………………………… ………………………………………… Whereas according to statement of rights and liabilities prepared under section 16 of the Punjab Land Improvement Scheme Act, 1963, you are liable to maintain and repair the works in land bearing Khasra No. ……..……… in the village of ………………………………. Teshil ………………..……… district ……. ………………………. . Therefore a notice is hereby given under section 17 of the said Act that you should carryout complete to may satisfaction the repair specified below at you cost within ………………………………….. days from the date of this notice failing which I shall get the work carried out and the expenses incurred by me in carrying out the works shall be recovered from you along with interest thereon as arrears of land revenue. Description of repairs to be carried out Dated ……………… the day of 20… Soil Conservation Officer, …………………………… Form 'D' (see rule 9) Certificate Certified that ………………………. Hectares of irrigated and ……………. Hectares of un-irrigated land is included in the scheme. The values of irrigated land per hectare is Rs. ………………………. Thus total irrigated land per hectare land is Rs. ………………………………. Which is sufficient security for purpose of recovering cost of the scheme and the interest there on. Dated: Office of Soil Conservation and Engineering Department, Punjab. Form 'E' [see rule 19(3)] Notification of financing of Soil Conservation Scheme by the Punjab State Cooperative Land Mortgage Bank Limited. Whereas, the Punjab State Co-operative Land Mortgage Bank Limited has sanctioned the financing of the scheme mentioned in the Schedule given below under sub-section (2) of section 13A of the Act. Now, therefore, it is hereby notified that all the land owners affected be the scheme who do not want to avail of the facility of financing by the said Bank, may deposit the amount of estimated cost falling to their respective share to the Assistant Soil Conservation Officer or the Divisional Soil Conservation Officer concerned within a period of one month of the date of issue of this notification, and after the expiry of the said period of one month, the scheme shall be financed by the bank and the loan amount so advanced on his or their behalf shall be deemed to be the loan advanced under section 11A of the Punjab State Co-operative Land Mortgage Bank Act 1957, to such landowner or land owners and shall be subject to all the terms and conditions on which the Bank advance loans to its members for a purpose connected with the improvement of land:- Schedule Serial No. Name of Scheme Village and H.B. No. Tehsil District.
1. 2. 3. 4. 5. Dated: - Chief Conservator of Soils, Punjab Assistant Soil Conservation Office/ Divisional Soil Conservation Officer concerned
6. Total estimated cost of the Scheme Estimated cost per Hectare Remarks
7. 8. 9. Form 'F' [see rule 19(3)] To The Manger, The Primary Co-operative Land Mortgage Bank, …………………………………………… Subject: Estimated amount to be financed for executing the scheme. Dear Sir, Whereas, the scheme regarding …………………………. of village ……..……………….. Tehsil ……………………… district ………………….. has been sanctioned for financing by the Punjab State Co-operative Land Mortgage Bank Limited for an estimated cost of Rs. ………………………….. as intimated …… ……….. vide it No. …………………….. dated ……………….. And whereas an amount of Rs. …………… has been arranged/ deposited by the landowners. Now, therefore, the balance amount of Rs. ………………………… required for the execution of the scheme, may please be advanced in the names of the landowners included in the scheme excepting those mentioned below, and be disbursed to the ……………….. in the ……………….. installments as detailed below:-
1.
2. Name of landowners who have arranged or deposited the amount:-
1.
2.
3.
4. Yours faithfully, Chief Conservator of Soils, Punjab. Form 'G' [see rule 13] Whereas the works of lining of common canal watercourses of outlets at R.D. ………………………… of ……………………….. Distributary / Minor serving village/ villages ……………………………………. H.B. No. No./ Nos. …………….. Tehsil ………………… district …………….. have been carried out in accordance with the scheme approved by District Land Improvement Committee …………………………… and notified in the Punjab Government Gazette, dated ………………………. as provided in the section 14(4) of the Act, and cost of such works with interest thereon is to the recovered from the landowners in proportion of the area owned by such landowners which has been included in the scheme. Now, therefore, the landowners affected by the scheme, as mentioned in the Schedule below, are hereby informed that they may deposit their respective share of costs as given in the schedule, to the Assistant Soil Conservation Officer/ Divisional Soil Conservation Officer, ……………………….., within a period of two months from the date of publication of this notice failing which the amount due shall be recovered from them in the manner specified in rule 13 of the Punjab Land Improvement Scheme Rules, 1978 Schedule Dated Divisional Soil Conservation Officer, Serial No. Name of landowner with father's name
2. Cost per hectare Area owned (included in the scheme) Amount Remarks
1.
1.
2.
3.
4.
3. 4. 5. 6.