Amendment status not verified — confirm the current text below against the official source.
1900 : Ph. Act TI| LAND PRESERVATION 203 ¥ R in any part or parts thereof, fixing a period of not less than {hree months from the date of such proclamation, and re- quiring every person claiming any compensation in respect of any right so restricted or prohibited, within such period cither 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 compen- sation (if any) claimed in respect thereof. (2) Any claim not preferred within the time fized in the proclamation made under sub-section (1), shall be re- jected: ed that, with the previous sanction of the Com- mmissioner may admit any such de within such period. Provid missioner, the Deputy Co claim as if it had been ma [7-A. (1) When an order has issued under section 5.4, the Deputy Commissioner may by notice require the and to execute such works or owner or occupier of the 1 take such measures as may be specified in the notice. (2) Every such notice shall state the time within which the works are to be executed or measures are to be taken. (3) A person aggrieved by an order contained in such 4 notice as aforesaid may, within thirty days from the ser- vice or such notice or within such longer period as the Leputy Commissioner may allow in this behalf, serve a notice of his objcetions on the Deputy Commissioner in <uch manner as may be provided by the rules made under this Act. (4) I and in so far as an objection under this - sec- tion is based on the ground of some informality, defect or error in or in connection with the notice, the Deputy Coni- missioner shall dismiss the objection, if he is satisfied that the informality. defect or error was not a material one. ‘Inserted by Punjab Act IV of 1944, section 9 204 LAND PRESERVATION (1900 : Ph. Aet N (5) 1f the objection is brought on all or any of the following grounds, that is to say-— () that the notice might lawfully have he«tn sery. ed on the occupier of the land in question in. stead of on the owner, or on the owner instead of on the o(»(vnpinr. and that it would have been equitable for it to have been so served; (b) that some other person, being the owner, oc- cupancy tenant, mortgagee with possession, op lessee, or farm holder, or possessing some other right in or over the land to be benefited, ougnt to contribute towards the expenses of execut. ing any works or taking any measures requir- ed; (¢) where the work or measure is work or measure for the common benefit of the land in uestion and other land, that some other person baing the owner or occupier of land to he 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 of objeetion 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 ia which any expenses which may become recoverable by the Depaty Commissioner under sub-section (6) are to he horne by the objector and such other person: Provided that no such order shall be made unless the Ferson who is Tikely 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— (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 1900 : Ph. Act 11| LAND PRESERVATION 205 (b) in any case, to the degree of benefit to be deriv- ed by the different persons concerned. (6) Notwithstanding anything to the contrary in any law 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 con- sent 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 re- Juired by the notice to execute works or to take measures Z4i)s to execute the works or to take the measures indicat- ed within the time thereby limited, the Deputy Commis- sioner may himself or by an agent execute the works or {uke the measures and recover from that person the ex- penses 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 ob- jection other than an objection under clause (a) of sub: soction (5), or an appeal against any decision on such ob- iection, before taking action under this sub-section; 1 * * * * (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 Comimissioner 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 tne Deputy Commissioner in this behalf shall be final and con- clusive evidence of the sum so recoverable and the person liable for the same. §9) Every order issued under this section shall he 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. 'Proviso (2) omitted by Punjab Act I of 1951, section 3.l 206 LAND PRESERVATION [1900 : Pbh. Act 11 (10) The Deputy Commissioner may by general or special order authorise any revenue officer subordinate to him to enquire into any objection that may be brought vnder this section: Provided that no final order on any suqh objection shall be passed except by the Deputy Commissioner him- self. (11) In making an order on objections brought under this section, the Deputy Commissioner shall be guided by such rules, if any, as the '[Central Government] may make 1n 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 CHOS. Action when