section Schedule II
Conditions applicable to grantees who acquire proprietary right.
The Colonization of Govt. Lands (Punjab) Act, 1912(Referred to in Section 30.)
1. The Government does not grant to the grantee but hereby absolutely excepts and reserves to itself out of and in respect of the said lands (1) all grounds situate in the said lands or any part thereof already marked out, excavated or otherwise utilized for the distributary channels, and(2) all existing rights to and over all mines and minerals, coals, gold-washings, earth-oil and quarries in or under the said lands or any part thereof, together with all easements heretofore enjoyed by the Government in respect of the said lands or any part thereof. And it likewise excepts and reserves the right of the public to use existing thoroughfares traversing the said lands or any part thereof including a width of 1 1/2 kadams on either side of survey base line, and also any lines of road which, though not yet made, have been marked out upon the ground.
2. The grantee shall at all times permit the officers of the Government to enter and do all acts and things that may be necessary and expedient for the purpose of searching for, working, getting or carrying away any such mines and minerals, coals, gold-washings earth-oil and quarries, and for the full enjoyment of the ground and of the rights herein before reserved to the Government to and over all mines and minerals, coals, gold-washings, earth-oil, quarries and easements in or under the said lands and all parts thereof.
3. The Government agrees to pay the grantees compensation for all damage occasioned by the exercise of the rights reserved to itself in clauses 1 and 2. Such compensation shall be assessed by the Collector, and if the grantee is not satisfied with the finding of the Collector, he may appeal to the Commissioner.
4. The grantee shall duly comply with such directions as the Collector shall from time to time issue requiring him to construct boundary marks on limits of the said lands or any part thereof, and shall keep them, when erected in good repair to the satisfaction of the Collector.
5. In the event of any dispute arising between the State Government and the grantee as to the property and rights hereby reserved, to the Government, or as to any matter in any way relating thereto, or as to any of the conditions of the grant, or as to any matter or thing anywise connected therewith, the said dispute shall be referred for the opinion of the Commissioner whose decision shall be final and conclusive between the State Government and the grantee.
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