Bare Act
The Punjab Reclamation of Land Act, 1959
1. Shorr ~itle. extcm and comrnencemcnl
1. (1) This Act may becallcd ~hePunjabRcclamaiion oiLand Act, 1959. ( 2 ) IL extends to the whole of the Statc o121Haryana]. (3) It shall come into force a1 once.
2. Definitions.
2. In this Acl, unlcss the coniext othenvise requires,- ( [ I ) "preliminary survey" means ope]-ations undertaken t o ascettain the qualily of any land for the purpose of declaring it to be a reclaimable area ; (b} "reclamation" means such operations as are considered necessary by the Dircctor to reclaim and cultivate any reclaimable area. (cj "reclaimable area" means such waste land and the in tcnlening cultivated lands as ~ h c Siare Government may, by notification under section 5, declare to be a reclai rnable area. {dl "the Direclor" means rhc Director of Asriculrure, ' [Hary an a] ; (e) "waste land" means land recordcd as Banjar of any kind in revenue records and such Ghairrnumkin lands as are reclaimable.
3. Inrerpreta~ioii.
3. The Punjab Gcneral Clnuscs Act. 1398, shall apply for the interpretation of this Act as it applics tbr the inlerpretarjon of a Pun jab Act.
4. Authori~y to cnrcr upon wasre Lands.
The Director or any person authorised by him in writins may enter upon any wastc land for thc purpose of carrying out p~|tirninary survey.
5. Declaration of reclaimable area and powers of thc Dirct: tar with rcgud therelo.
(1) Tf the Srale Government is of opinion that any area cnmprising wastc lands and the inel-vening cultiva~l land is requjlhed for rzcla~mation, it may by n~i|fication declare such area to be rcclclin~rtble area forthe purpnscs of this Act and such norification shall bc conclusive cvidence nf the rnatlers siatcd thcrejn, and shnl t not he liable ro be called in question in any court, (2) Thc Collecror or the dis~rt-icl in |vhich the ~.eulairn;lble arra is sirualed shall sivc publiciry to tlic r~uri t'lcation issued under- sub-sectiorl ( 1 ) in such manner as he may dccm fit. (3) Upon the issue of a nolification under sub-sectinn ( 1 ) thc Collector nq~r, notwithstnnding any law ro rhe contrnn, authorise the Director ro take possession of the ~j~holc 01- any part or the area specified thct-till for a period not exceeding tcn years for the purpose of canying o u ~ reclamation.
6. Powcr to usc rnrce elc.
The Collector may take or cause to be taken such slcps or use 01- ci~rst: lo be L I S C ~ such force as may in his opinion bc reasonably neccessal-y lor securing cornpliancc w i ~ h rhe provisions of' this Act.
7. Delegation of powers.
The Director may delegate all or any of his powers and functions under this Act to any officer of the Agriculture Department, [Haryana].
8. Liability of owners for cost of reclamation.
(1) The total expenditure incurred by the State Government in carrying out reclamation of any reclaimable area shall be equitably apportioned by the Director between the several owners and persons having interest in the lands comprised in such area and each of such owners and persons shall be liable to pay the amount falling to his share. (2) The amount apportioned under sub-section (1) shall be a charge on the land to which it relates and the apportionment shall not be called in question in any court or before any authority. (3) The Director shall determine whether the amount apportioned shall be payable in a lump sum or by annual instalments, and in case of annual instalments he shall fix the amount and number thereof.
9. Recovery of cost.
(1) The cost of reclamation apportioned under section 8 whether before or after the commencement of this Act, shall be recoverable as arrears of land revenue. (2) The Collector shall cause to be served upon every person owning or having interest in the land in which reclamation is effected, a notice of demand specifying the amount of cost of reclamation payable by him and the period within which it is to be paid.
10. Persons acting under the Act to be public servants.
Every person while exercising any power or performing any duty under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
11. Bar of suits of legal proceedings.
(1) No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the State Government for any damage caused by anything which is in good faith done or intended to be done under this Act.
12. Power to make rules.
The State Government may by notification make rules for carrying out the purposes of this Act.
13. Repeal.
The East Punjab Reclamation of Land Act, 1949 (XIXU of 1949), and the Pepsu Rcclmation of Laad Act, 2009 (Act V of 2009 DK), are hereby repealed. btrt norwithslanding such repeal .any order madc, any notification issued, any thirls done, any action taken or- any proceedings commcnccd in excrcise of thc powers canfcl-red by or undcr thc said Acts shall be deemed to have been made, issued, done, taken or commenced in thc exeihcisc of powers confer-red by or under this Acr.
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