The Punjab Land Preservation Act 1900

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THE PUNJAB LAND PRESERVATION ACT,
(Punjab Act II of 1900)
CONTENTS
preliminary
sections
1.—Short title and commencement.

GENERAL DEFINITIONS

2.    Definitions.

NOTIFICATION AND REGULATION OF AREAS

3.         Notification of areas.

4.   Power to regulate, restrict or prohibit, by general or special order, within notified areas, certain matters.

5.  Power in certain cases, to regulate, restrict, or prohibit, by special order, within notified areas, certain further matters.

5-A. Power to require execution of works and   taking of measures.

6.   Necessity for regulation, restriction or prohibition to be recit­ed in the order under section 4 or 5. Publication of order.

7.   Proclamation of regulations, restrictions and prohibitions and admission of claims for compensation for rights which are re­stricted or extinguished.

7-A.Deputy Commissioner's power regarding execution of works and taking of measures.

CONTROL OVER THE BEDS ON NALAHS

8.    Action when Provincial Government considers it desirable to take measures to regulate the beds of Nalahs, Vesting of such beds in the Provincial Government,

9.   Effect of notification to suspend or extinguish private rights in the area notified under section 8.

10. Power of Deputy Commissioner to delimit the bed and to decide what constitutes such bed. Power to take possession of bed when vested in the Provincial Government.
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SECTIONS

11.   Bar of compensation for acts done under sections 8, 9 or 10
12. Condition as to sale of land acquired under the Act and obliga­tion of Provincial Government to keep account of moneys expended on such land.

POWER TO ENTER UPON AND DELIMIT NOTIFIED AREAS
AND BEDS
13.  Power to enter upon, survey and demarcate areas notified under
section 3 or section 8.

INQUIRY INTO CLAIMS AND AWARD OF COMPENSATION

14.   Inquiries into claims and awards thereupon.
15.   Method of awarding compensation and effect of such award.

PROCEDURE, RECORDS AND APPEAL

16.  Record-of-rights in respect of notified areas.
17. Mode of proclaiming notifications and of serving notices, orders and processes, issued under the Act.
18.  Appeal, review and revision.

PENALTIES, BAR OF SUITS AND RULES.

19.    Penalty for offences.
20.       Application of provisions of Act XVI of 1927.
21.       Bar of suits.
22.       Power to make rules.

 

THE 2TWEST PAKISTAN AND RESERVATION ACT, 1900

{Punjab Act   II of 1900

[10th October, 1900]
Act to provide  for the better preservation and protection of Certain portions of the territories of 3[N'.W.F.P].
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preliminary

1.(1) This Act may be called the 6[*    *]  Act,   1900.

Short title and commencement.

7(2) It shall extend to the whole of the [N. W.F.P.] except the Tribal Areas.]
9[(3)] It shall come into force at once.

2.    In this Act Unless a different intention appears  from   the subject or context,-

Definitions.

(a)   the expression "land" means land within any 10[* * *] area preserved and protected or otherwise dealt within manner in this Act provided, and includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

2.    Subs by 11. P ord  No. VI of  1963-
3.    Omitted and Subs by A.W.F.P. A. L. O,   1975.
4.    Omitted by Punjab Act,  Xo-  XI,194,?.5,ff
5.    The Preamble Omitted, Ibid, 8 3
6.    The brackets and the word "(Chos)"    omitten   by    Punjab.   \d   No.  IV of 1944 5?  (a).
7.         Subs by W. Pord No. VI of ]96.i for Sub Section (2j.
8.   Subs by  M. W. F.P.A.L-O. 1975.
9.    The original Sub-Section (2) re-cumbered   as   Sub-Section     3)    by   Punjab
Act No. XI of 1942, S. 4 (a).
10. The word "Local" Omitted by Punjab Act  IV of 1944, S. 3 (a).
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1[(b) The  expression "nalali" means a stream  or torrent flowing through or from any mountain range within the 2[Province.]:

(c)   the expressions "tree", "timber," "forest-produce" and "cattle" respectively, shall have the meanings severally assign­ed thereto in Section 2 of the 3[* * *] Forest Act 4[l927j;

(d)   the expression "person interested" includes all persons claim­ing any interest in compensation to be made on account of any measures taken under this Act, 5[* * *]

(e}   the expression "Deputy Commissioner" includes any officer or officers at any time specially appointed by the 6[Provincial Government] to perform the functions of a Deputy Com­missioner, under this Act,

7(f} the expression "rightholder" includes-

(i) persons not being tenants or mortgages having rights to or in land; and

(ii) persons having rights of collection of forest produce or of grazing or pasture: and

(g)the expression "erosion" includes the removal or displace­ment of earth, soii, stones or other materials by the action, of wind or water.]

NOTIFICATION AND REGULATION OF AREAS

8[3.Whenever it appears to the Provincial Government that it is desirable to provide for the conservation of sub-soil water or the pre­vention of erosion in any area subject to erosion or likely to become liable to erosion, such Government may by notification make a direction accordingly.]

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4 In respect of area notified under section 3 generally or the? whole or any part of any such area, the 1[Provincial Government] may, by general or special order temporarily 2[* *] regulate, re- strict or prohibit—

Power to regulate restrict or prohibit, by general or special order within notified areas, certain matters.

(a)   the clearing or breaking up or cultivating of land not ordinarily under cultivation prior to the publication of the notification under section 3;
(b)   the quarrying of stone or the burning of lime at places where such stone or limehad not. ordinarily been so quarried or burnt prior to the publication of the notifi­cation under section 3:

(c) the cutting of trees or timber, or the collection or removal or subjection to any manufacturing process,   otherwise, than as described in clause (b) of this  sub-section of any forest-produce other than grass, save for bonafide domestic or agricultural purposes 3[of right holder in such area];

(d)   the setting of fire of trees, timber or forest produce:

(e)   the admission, herding, pasturing or retention of sheep, 4[goats or camels];

(f)   the examination of forest-produce passing out of any such area ; and

(g) the granting of permits to the inhabitants of towns and villages situate within the limits or in the vicinity  of any such area, to take any tree, timber or forest   produce for their own use there from, or to pasture sheep, %oats or camels] or to cultivate or erect buildings  therein and the production and return of such permits by such persons.

5.   In respect of any specified village or villages, or part or part  thereof, comprised within the limits of any area notified  under section a 3 the Provincial Government] may, by special  order, temporarily : regulate, restrict or prohibit—

Power, in certain cases to regulate restrict or prohib, it by special order within notified area certain further matters.

(a)   the cultivating of any land ordinarily under cultivation prior to the publication of thenotification under section 3

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(b)   the quarrying of any stone or the burning of any lime at places where such stone or lime had ordinarily been so quarried or burnt prior to the publication of the notifica­tion under section 3;
(c)   the cutting of trees or timber or the collection or removal or subjection to any manufacturing process, otherwise than as described in clause (b) of this sub-section of any forest-produce ![for any purposes]; and
(d)   the admission, herding, pasturing or retention of cattle generally other than sheep, 2[goats and camels] or of any class or description of such cattle.

Power to require execution of works and taking or measures.

3[5-A.    In respect of areas notified under section 3 generally or the whole or any part of any such area, the Provincial Government   may, by genera] or special order, direct—

(a)   the levelling, terracing, drainage and embanking of fields;

(b)   the construction of earth-works in fields and   ravines;

(c)   the provision of drains for storm water;

(d)   the protection of land against the action of wind  or water;

(e)   the training of streams ; and

(f)   the execution of such other works and the carrying out of such other measures as may, in the opinion of the Provin­cial Government, be necessary for carrying out the pur­poses of this Act.]

Necessity for regulation restriction or prohibition to be recited in the order under section 4 or 5.

6. Every order made under 4[sections 4,5 or 5-A] shall be publish-' ed in the [Official Gazette} and shall set forth that the ^[Provincial e Government] is satisfied, after due inquiry, that regulations, restrictions, "[prohibitions or directions] contained in the order are -necessary for the purpose of giving effect to the provisions of this Act.

2.      Subs, for the words ''and goats" by Punjab Act IV of 1944, s.5,
3.      Ins. ibid, s. 6.
4.      Subs, for the words and figures "section 4 or section 5",   by Punjab Act IV of 1944. s. 7.
5.      Subs, for the word "Gazette", by A. O., 1937.
6.      Subs, ibid., for the words "Local Government"
7.      Subs, for the words "or Prohibitions" by Punjab Act IV of 1944. S. 7.

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7. (i) When, in respect of any 1[* *] area, a notification has1 been published under section 3, and (a)   upon such publication  any  general order, made under j section 4 2[or section 5-A] becomes applicable to such area, or     ; (b)   any special order under 3[sections 4,5 or 5-A] is made in respect of such area,

Publication of order, Proclamation of regulations, restrictions, and prohibitions and admission of claims for compensation for rights which are restricted or extinguished.

            the Deputy Commissioner shall cause public notice of the provisions of such general or special order to be given, and if the provisions of any such order restrict or 4[prohibit the exercise of] any existing rights, shall also publish in the language of the country and in every town and village the boundaries of which include any portion of the area within or over which the 5[exercise of any such rights is so restricted or prohibited] a proclamation stating the regulations, restrictions and prohibitions which have been imposed, by any such order, within the limits of such area or in any part or parts thereof; fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any compensation in respect of any right so restricted or prohibited, within such period either to present ^to such officer a written notice specifying, or to appear before him and state, the nature and extent of such right and the amount and particulars of the compensation (if any) claimed in respect thereof.

(2) Any claim not preferred within the time fixed in the pro­clamation made under sub-section (1), shall be rejected:
Provided that, with the previous sanction of the Commissioner, the Deputy Commissioner may admit any such claim as if it had been made within such period.

6[7-A. (1) When an order has issued under section 5-A, the Deputy Commissioner may by notice require the owner or occupier of the land to execute such works or take such measures as may be speci­fied in the notice.

(Deputy Commissioner’s powers regarding execution of works or taking or measures).

(2) Every such notice shall state the time within which the works are to be executed or measures are to be taken.

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(3) A person aggrieved by an order contained in such a notice as aforesaid may, within thirty days from the service of such notice or within such longer period as the Deputy Commissioner may allow in this behalf, serve a notice of his objections on the Deputy Comm­issioner in such manner as may be provided by the rules made under this Act.
(4) If and in so far as an objection under this section is based on the ground of some informality, defect or error in or in connection with the notice, the Deputy Commissioner shall dismiss the objection, if he is satisfied that the informality, defect or error was not a material one.
(5) If the objection is brought on all or any of the follow­ing grounds, that is to say:
(a) that the notice might lawfully have been served on the occupier of the land in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served;
(b) that some other person, being the owner, occupancy tenant, mortgagee with possession or lessee or farm holder or poss­essing some other right in or over the land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required:
(c) where the work or measure is work or measure for the common benefit of the land in question and other land, that some other person being the owner or occupier of land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required;

the objector shall serve a copy of his notice 01 objection on each other person referred to and on the hearing of the objection the Deputy Commissioner may make such order as he thinks fit with respect to the person by whom any work is to be executed or measure is to be taken and the contribution to be made by any other person towards the cost of the work or measure, or as to the proportions in which any expenses which may become recoverable by the Deputy Commissioner under sub-section (6) are to be borne by the objector and such other person:

Provided that no such order shall be made unless the person who is likely to be affected thereby has been given a reasonable oppor­tunity of being heard.

In exercising his power under this sub-section the Deputy Commissioner shall have regard—
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(a) as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works and measures re­quired; and
(b)   in any case to the degree of benefit to be derived by the different persons concerned.
(6) Notwithstanding anything to the contrary in any Jaw for the time being in force, no person required by a notice or an order under this section to execute any work or to take any measure shall be required to obtain the consent of any other person before comply­ing with such notice or order.
(7) Subject to such right of objection as aforesaid and the right of appeal under section 18, if the person required by the notice to execute works or to take measures fails to execute the works or to take the measures indicated within the time thereby limited, the Deputy Commissioner may himself or by an agent execute the work or take the measures and recover from that. person the expenses reasonably incurred by him in so doing:
(1) provided that it shall not be necessary for the Deputy Commissioner to wait for the decision of any objection other than at objection under clause (a) of sub-section (5), or an appeal against any decision on such objection, before taking action under this sub-section:
(2) provided further that the maximum amount that shall be recoverable in respect of any land in regard to which the work has been executed or the measure taken shall not exceed -

(a) where the work is required to be executed or the measure to be taken by the owner, ten times the land revenue assess ed on all the lands owned by him in the l[Province]; and

(b) where the work is required to be executed by the occupier, ten times the land revenue assessed on all the lands occupi­ed by him in the state in which such land is situated.

(8) If the cost of any work executed or any measure taken by any person remains unpaid by the person from whom it is due after the date specified in a notice issued in this behalf by the Deputy Commissioner or such other date as is fixed by him, such cost shall be recoverable as an arrear of land revenue and a certificate issued by the Deputy Commissioner in this behalf shall be final and conclusive evidence of the sum so recoverable and the person liable for the same.

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(9) livery order issued under this section shall be published in such manner as may be prescribed in the rules made under this Act, and upon such publication every person affected thereby shall, unless the contrary be proved, be deemed to have had due notice thereof.
(10) The Deputy Commissioner may by general or special order authorise any revenue officer subordinate to him to enquire in to any objection that may be brought under this section:
Provided that no final order on any such objection shall be passed except by the Deputy Commissioner himself.
(11) In making an order on objections brought under this section, the Deputy Commissioner shall be guided by such rules, if any, as the Provincial Government may make in this behalf.
(12) For the purposes of this section, the expression "Estate'" shall have the meaning assigned thereto in the Punjab Land Revenue Act, 1887.
CONTROL OVER THE BEDS OF 1[NALAHS]

Action when Provincial Government considers it desirable take measures to regulate the bdes of 1(Nalah) vesting of such beds in 2(Provincial Govet),

8. (1) Whenever it appears to the 2[Provincial Government] that re" it is desirable that measures should be taken in the bed of any ![nalah} [° for the purpose of—

 (a)regulating the flow of water within and preventing the
widening or extension of such bed, or of
(b) reclaiming or protecting any land situate within the limits of such bed;
such Government, may, either proceed at once in manner in sub­section (2) provided, or, in the first instance, by notification specifying nature and extent of the measures to be taken and the locality in and the time within which such measures are to be so taken, require all persons possessing proprietary or occupancy rights in land situate in such locality to themselves carry out the measures specified in such notification accordingly.
(2) If the whole or any part of the bed of any 1[nalah] be unclaimed, or, if, in the opinion of the 2[Provincial Government], the measures deemed necessary under sub-section (1) are of such a

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     character, in regard to extent and cost, that the interference of the 1 [Provincial     Government]    is    absolutely     necessary,    or   in the event of the owner or occupier of any portion of the bed of any 2[nalah] failing, to comply with the requirements of any notification issued under  sub-section (1), such Government may, by notification
declare that the whole or any part of the area comprised within the limits of the bed of any2[nalah] shall 3[vest in Provincial Govern­ment] 4[*   *   *] for such period and subject to such conditions (if any) as may be specified in the notification:                                                                                              

Provided that no such declaration shall be made in respect of or shall affect any land included within the limits of the bed of any such 1[nalah] which, at the date of the publication of the notification making such declaration, is cultivated or culturable, or yield any pro­duce of substantial value.

(3) When the owners or occupiers of such locality are unable to agree among themselves regarding the carrying out of such measures, the decision of those paying the larger amount of land re­venue shall be held to be binding on all.

(4) The [Provincial Government] may, from time to time, by like notification, extend the period during which any such area shall remain vested in 5[the Provincial Government].

9.   Upon the making of any declaration  under sub-section (2) of section 8, all private rights of whatever kind existing in or relating! any land comprised within the area specified in the Notification: containing   such declaration at the time of the publication thereof, shal!6[be suspended for the period specified in the declaration and for such further period (if any) to which such period may at any time be extended]:

Effect of notification to suspend or extinguish private rights in the area notified under section 8,

 

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Provided that, as far as circumstances admit, such rights of way and water shall be reserved, in respect of every such area, as may be necessary to meet the reasonable requirements and convenien­ce of the person (if any) who, at the time of the making of such de­claration, possessed any such rights over such area.

Power of Deputy Commissioner to delimit the bed and constitute such bed.

10. (1) The Deputy Commissioner shall, for the purposes of every notification issued   under   sub-section  (2)   of section   8, fix the > limits of the area comprised within the bed of the 1[nalah] to which ' such notification is to apply.

Power to take possession of bed when vested in 1(Provincial Govt)

(2) Upon the  publication of a notification containing any declaration under sub-section (2) of section 8,  it shall be lawful for the Deputy Commissioner to —

(a)   take possession of the area specified in such declaration;
(b)   eject all persons there from : and to
(c)   deal with such area, while it remains vested in ^[Provincial Government], as if it were the absolute property of 1[Provincial Government].

Bar of compensation for acts done under section 8, 9 or 10.

11.    No person shall be entitled to any compensation for anything at any time done, in good faith, in exercise of any power conferred by section 8, section 9 or section 10.

12, [Condition ay to sale of land acquired under the Act and objection of Local Government to keep account of moneys expended on such land]—Repealed by A ct VII of 1926 s. 4

POWER TO ENTER UPON AND DELIMIT NOTIFIED AREAS   AND   BEDS

Power to enter upon, survey and demarcate 3(XXX)

13.    It shall be lawful for the Deputy Commissioner and  For his subordinate officers, servants, care-takers and workmen, from   time to time, as occasion may require,—

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(a)   to enter upon, and survey any land comprised within any * i[   *   *]   area   in  regard   to which  any notification, < has been issued under sections or sections 2[or in regard to which a notification is proposed to be issued  under section 5-A];

(b)   to erect bench; marks on and to delimit and demarcate the boundaries of any such l[* *] area; and

(c)   to do all other acts and things which may be necessary in order adequately to preserve or project any land or to give effect to all or any of the provisions of this Act:

Provided that reasonable compensation, to be assessed and determined in the manner in this Act provided, shall be made in res­pect of any damage or injury caused to the property or rights of any person in carrying out any operations under the provisions of this section, but no such compensation shall be payable in respect of any­thing done under the said provisions within the limits of any if * *] area notified under section 8.

INQUIRY INTO CLAIMS AND AWARD OF COMPENSATION

14.     (1) The Deputy Commissioner shall—
(a)   fix a date for inquiring into all claims made under section? 3 {* * 1 and may in his discretion, from time to time adjourn the inquiry to a date to be fixed by him;

(b)   record in writing all   statements   made under section 7:

(c)   inquire into all claims duly preferred und OT section 7 3f * *]; and

(d)   make arid award upon each such claim, setting out there­in the nature and extent of the rights claimed, the person or persons making such claim, the extent (if any) to which, and the person, or person in whose favour, the right claimed is established, the extent to which it is to be restricted or prohibited] and the nature and amount of the compensation (if any), awarded.

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(2) For the purposes of every such inquiry the Deputy Commis­sioner may exercise all or any of the powers of a Civil Court in the trial of suits under the Code of  Civil Procedure.
(3) The Deputy Commissioner shall announce his award to such persons interested, or their representatives, as are present, and shall record the acceptance of those who accept it. To such as are not present, the Deputy Commissioner shall cause immediate notice of his award to be given.

Method of awarding compensation and effect of such award,

15. (1) In determining the amount of compensation the Deputy It Commissioner shall be guided, so far as may be, by the provisions of sections 23 and 24 of the Land Acquisition Act, 1894, and as to matters which cannot be dealt with under those provisions, by what is just and reasonable in the circumstances of each case.

(2) The Deputy Commissioner may, with the sanction of the 3[Provincial Government] and the consent of the person entitled, instead of money award compensation in land or by reduction in revenue or in any other form.

(3) If, in any case, the exercise of any right is prohibited for a time only, compensation shall be awarded only in respect of the period during which the exercise of such right is so prohibited.

(4)        4[*        *          *          *          *]

PROCEDURE, RECORDS AND APPEAL

Record of rights in respect of notified area.

16.        (1) For   every area, notified under section 3 or section 8, the >f Deputy Commissioner shall prepare a record setting forth the nature description, local situation and extent of all rights mentioned in section 4 and section 5—

(a)   existing within such area at the time of the publication of the notification relating thereto under section 3 or section 8; and
(b)   regulated, restricted, or 4[* * ] prohibited] by any order under section 4 or section 5.

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(2) When any award is made under section 14, its effect upon any right shall also be recorded therein.

17.     (1) Upon the publication of a  notification  issued under any of the provisions of this Act, the Deputy  Commissioners  shall cause public notice of the substance thereof to  be given at convenient places ,in   the   locality   to   which   such   notification   relates.

Mode of Proclaiming notification and of servings notices, orders and processes, issued under the Act.

1[(2) The procedure prescribed for the service of summons, notice, order or proclamation under the law relating to land  revenue for the time being in force, shall be followed, as far as may be,  in proceedings   under   this   Act.]

18. Every order passed and every award made by a Deputy Com­missioner under this Act, shall, for the purposes, of appeal, review and revision, respectively be deemed to be the order of a Collector within die meaning of sections 13, 14, 15 and 16 of the 2Punjab Land Revenue Act, 1887,3 [for the corresponding provisions of the Sind Land Revenue Code, 1879, or any other law relating to land revenue for the time being in force, as the case may be]:

Appeal, review and revision.

Provided that nothing in this Act contained shall be deemed to exclude the jurisdiction of any Civil Court to decide any dispute aris­ing between the persons interested in any compensation awarded as to the apportionment or distribution thereof amongst such persons or any of them.

PENALTIES, BAR OF SUITS AND RULES.

19. Any person who, within the limits of any 4[* *] area notified under section 3, commits any breach of any regulation made, 5[restriction or prohibition imposed, order passed or requisition made under sections 4,5,5-A, or 7-A] shall be punished with imprisonment For a term which may extend to one month, or with a fine which may extend to one hundred rupees, or with both.

Penalty for offences.

The word "Local" omitted by Punjab Act IV of 1944, s. II.
Subs, ibid for the words and figures   "of restriction or prohibition    imposed   under
section 4 or section 5".

 

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Application of provisions of (Act XVI of 1927).

20. 1[The provisions of sections 52, 54,55,56,57, 58, 59,60,61, 62, 64 (excluding the last sentence), 66, 67, 68 and 73 of the 2[* *] Forest Act, 1927, shall so far as applicable, be read as part of this Act, and for the purposes of those provisions, every offence punishable under section 19 shall be deemed to be a "forest offence" and every officer employed in the management of any area notified under section 3 or section 8, as care-taker or otherwise, shall be deemed to be a forest officer.

Bar of suits.

21. No suit shall lie against the 4[Provincial Government] for any thing done under this Act, and no suit shall lie against any pub­lic servant for anything done, or purporting to have been done, by him, in good faith, under this Act.

Power to make Rules.

22. (1) The 5[Provincial Government] may make rules, consistent with this Act,—

(a)   regulating the procedure to be observed in any inquiry or proceeding under this Act; and

(b)   generally for the purpose of carrying into effect all or any of the provisions of this Act.

(2)  All rules made under this section shall be published  in the 6[Official Gazette].

2.      The word "Indian" omitted by Punjab Act XV of 1955, b. 2. Sch.  i Part-11.
3.      Subs, ibid, for the words and figures "Act VII of 1878",
4.      Subs., for the words "Crown", by West Pakistan Laws (Adaptation) Order 1%4, s. 2,(1) Sch. Part-II which was previously subs., for the words "the Secretary of State for India in Council, or the Government" by A. O.. 1937.
5.      Subs., for the words "Local Government", by A. O., 1937.
6.      Subs, ibid, for the word "Gazette".

Attachments