Amendment status not verified — confirm the current text below against the official source.
Short title, extent and commencement: (1) This act may be called the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948. (2) It extends to whole of the 1[State] of 2[Punjab]. (3) This section shall come into force at once and the remaining provisions of the act shall come into force in such area and from such dates as the 1[state] Government may by notification appoint in his behalf the different dates may be appointed for the coming into force of different provisions of the Act. Interpretation 2/3 2. In this Act, unless there is anything repugnant in the subject or context,- (a) 'Consolidation Officer" means an officer appointed as such under section 14 by the 1[State] Government and includes any person authorized by the 1[State] Government perform are all any of the functions of the consolidation officer under this Act; (b) "Consolidation of Holdings " means the amalgamation and the redistribution of all or any of lands in an estate so as to reduce the number of plots in the holdings; (1Substituted for the word " Province " by the Adaptation of Laws order, 1950. 3Section 4 of the Punjab Act no. 39 of 1963, reads as follows: - "Validation.- Notwithstanding any thing contained in the Principle Act or in any other law for the time being in force in any judgment, decree or order of any court or other authority, where in any scheme made at any time before the commencement of this Act, land has been assumed or reserved for common purpose referred to in sub-clause (iii) or sub-clause (iv)of clause (bb) of section 2 the principle Act, as amended by this Act, the assignment or reservation of such land for such purpose shall be, and shall be deemed always to have been, valid and no such scheme shall be questioned on the ground that such land could not be assigned or reserved for such purpose in such scheme". 3Section 2 of Punjab Act No. 9 of 1939, reads as follows; - "Validation. - Notwithstanding any thing contained in any judgment, decree or order of any court or other authority to the contrary where in any scheme made at any time before the commencement of this validation Act, land has been assigned or reserved for a common purpose as define in the clauses (bb) of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, in accordance with the executive instructions issued by the Government from time to time such as scheme shall be, and shall be deemed always to have been, valid and no such scheme shall be questioned merely on the ground that the scale for such assignment or reservation had not been laid down by rules farmed under the said Act''. 1[(bb) "Common purpose" means any purpose in relation to any common need convenience or benefit of the village]; (1Insrted by Punjab Act 22 of 1954. This clause shall be deemed always to have been to inserted) . 2[ and including the following purposes: (i) extension of the village Abadi; 3[*]. (ii) Providing income for the Panchayat of the village concerned for the benefit of the village community]. (2Added and deemed always to have been so added by Punjab Act No. 27 of 1960). (3 The word "and" omitted and shall be deemed always to have been omitted by Punjab Act No. 39 of 1963, section 2). 4[(iii) Village roads and paths; village drains village wells; ponds or tanks; village water-course or water channels; village bus stands and waiting places; manure pits; hada rori; public latrines; cremation and burial grounds, Panchayat Ghar; Janj Ghar; grazing grounds; tanning places of religious or charitable nature; and (4Added and shall be deemed always to have been added by Punjab Act No. 39 of 1963, section 2). (iv) Schools and play grounds; dispensaries, hospitals and institutions of like nature, waterworks or tube-wells whether such schools, playgrounds, dispensaries, hospitals institutions, waterworks or tube-wells may be managed and controlled by the State Government or not]. (c) "fragment" means a plot of land of less extent than the appropriate standard area determined under this Act:' Provided that no plot of land shall be deemed to be a fragment by reason of any diminution in its area by diluvion; (d) "Land " means which is not occupied as the site of any building in the town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture, or a pasture, and includes the sites of buildings and other structures on such land; (e) "Notified area" means any area notified as such under section 3; (f) "Owner” means in the case of unlamented land the lawful occupant and when such land has been mortgaged , owner means the mortgagor; in the case of alienated land, owner means the superior holder; (g) "Prescribed " means prescribed by rules made under this Act; (h) "Settlement officer (Consolidation)' means an officer appointed as such under section20 by 1[State] Government and includes any person authorized by the 1[State] Government to perform all or any of the functions of the settlement Officer (Consolidation) under this Act. (i) " Standard area": in respect of any class of land means the area which the 1[State] Government may from the time to time determine under section 5 as the minimum area necessary for the profitable cultivation in any particular notified area and includes a standard area revised under the said section'; ( j) "sub-division" means apart on estate recorded as Sub-division, pati , tarf or pana in a record of rights prepared under section 31 of the Punjab land Revenue Act, 1887, provided it forms a compact block; and (k) Words and expressions used in this act but not defined, have the meanings assigned to them in the Punjab Land Revenue Act, 1887. CHAPTER II DETERMINATION OF STANDARD AREAS AND TREATMENT OF FRAGMENTS