The Punjab Reclamation of Land Act, 1959

1959 Pb. Act 211 THE PUNJAB RECLAMATION
OF LAND ACT, 1959

THE PUNJAB RECLAMATION OF LAND

ACT, 1959

ARRANGEMENT OF SECTIONS

SECTIONS CONTENTS

697

1. Short title. extent and commencement.

2. Definitions.

3. Interpretation.

4. Authority to enter upon waste lands.

5. Declaration of reclaimable area and powers of the Director

with regard thereto.

6. Power to use force etc.

7. Delegation of Powers.

8. Liability of owners for cost of reclamation.

9. Recovery of cost.

10. Persons acting under the Act to be publie servants

11. Bar of suits or legel proceeding.

12. Power to make rules.

13. Repeal.



1959:Pb. Act 21] THE PUNJAB RECL AMATION 699
OF LAND ACT, 1959

THE PUNJAB RECLAMATION OF LAND ACT, 1959

PUNJAB Aст No. 21 OF 1959

[Received the assent of the President of India on
the Ist June, 1959 and was first published for general
information in the Punjab Government Gazette (Ex-
traordinary) dated the 13th June,1959]

1 2 3

Year No. Short title]

1959 21

4

Whether affected by
Legislaiton

The Punjab Reclamation of Amended by Punjab
Land Act, 1959 Act 21 of 19642

An Act to consolida te and amend the law relating
to the reclamation of lands in certajn areas.

BE it enacted by the Legislature of the State of
Punjab in the Tenth Year of the Republic of India as
follows:-

1. (1) This Act may be called the Punjab Re-
clamation of Land Act, 1959.

(2) It extends to the whole of the State of Punjab.

(3) It shall come into force at once.

2. In this Act, unless the context otherwise re-
quires,-

(a) "Preliminary survey" means operations
undertaken to ascertain the quality 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 Director
to reclaim and cultivate any reclaimable
area;

1For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1958, pages 1532-33.

2For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1964, page 389.

Short tit le,
extent and

commence-
ment

Definitions.



I nterpreta-
tion.

Authority
to enter

upon waste

lands.

Declara-
tion of re-

claimable
andarea

powers of
the Director

with

regard
thereto.

Power

use

etc.

to

force

700 THE PUNJAB RECLA MATION

OF LAND AСT, 1959

[1959 Pb. Act 21

(c) "reclaimable area" means such waste

lands and the intervening cultivated lands

as the State Government may, by notifica-

tion under section 5, declare to be a re-

claimable area;

(d) "the Director" means the Director of Agri-
culture, Punjab;

(e) "waste land" means land recorded as Banjar

of any kind in revenue records and such

Ghairmumkin lands as are reclaimable.

3. The Punjab General Clauses Act, 1898, shall

apply for the interpretation of this Act as it applies for

the interpretation of a Punjab Act.

4. The Director or any person authorised by him

in writing may enter upon any waste land for the pur-

pose of carrying out preliminary survey.

5. (1) If the State Government is of opinion
that any area comprising waste lands and the intervening

cultivated lands is required for reclamation, it may

by notification declare such area to be reclaimable

area for the purposes of this Act and such notifica-
tion shall be conclusive evidence of the matters stated

therein, and shall not be liable to be called in question

in any court.

(2) The Collector of the district in which the re-
claimable area is situated shall give publicity to the

! notification issued under sub-section (1) in such

manner as he may deem fit.

(3) Upon the issue of a notification under sub-

section (1) the Collector may, notwithstanding any
law to the contrary, authorise the Director to take

possession of the whole or any part of the area speci-
fied therein for a period not exceeding ten years for

the purpose of carrying out reclamation.

6. The Collector may take or cause to be taken

such steps or use or cause to be used such force as may
in his opinion be reasonably necessary for securing
compliance with the provisions of this Act.



1959 Pb. Act 21] THE PUJNAB RECLAMATION

OF LAND ACT, 1959

701

Delegation
of powers.7. The Director may delegate all or any of his

powers and functions under this Act to any officer of
the Agriculture Department, Punjab.

8. (1) The total expenditure incurred by the State

Government in carrying out reclamation of any reclaim-

able 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 also determine whether the

amount apportioned shall be payable in a lump sum
or by annual instalments, and in case of annual instal-
ments he shall fix the amount and number thereof.

9. (1) The cost of reclamation apportioned
under section 8, whether before or after the commence-
ment of this Act, shall be recoverable as arrears of land
revenue.

[XXX]
(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. 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. (1) No suit, prosecution or other legal pro-
ceeding shall be instituted against any person for any-
thing which is in good faith done or intended to be done

under this Act.

1Omitted by Punjab Act 21 of 1964, section 2.

Liability of
owners for cost
of reclamalion.

Recovery
of cost.

Persons

acting
under the

Act to be

public
servants.

Bar

suits

legal
ceedings.

of

or

pro-



702 THE PUNJAB RECLAMATION

OF LAND АСT, 1959
[1959:Pb. Act 21

Power to

nake rules.

Repeal.

'(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. The State Government may by notification
make rules for carrying out the purposes of this Act.

13. The East Punjab Reclamation of Land Act,
1949 (XXII of 1949), and the Pepsu Reclamation of
Land Act, 2009 (Act V of 2009 BK), are hereby re-
pealed, but notwithstanding such repeal any orders
made, any notification issued, anything done, any

action taken or any proceedings commenced in exer-

cise of the powers conferred by or under the said Acts
shall be deemed to have been made, issued, done, taken
or commenced in the exercise of powers conferred by
or under this Act.