Bare ActsThe PUNJAB LAND PRESERVATION ACT, 1900

Section 4

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

Amendment status not verified — confirm the current text below against the official source.

Power to regulate, restrict or prohibit, by general or special order, within notified areas, certain matters.— In respect of areas notified under section 3 generally or the whole or any part of any such area, the 22[22][Provincial Government] may, by general or special order temporarily 23[23][* * *] regulate, restrict or prohibit— (a) the clearing or breaking up or cultivating of land not ordinarily under cultivation prior to the publication of the notification under section 3; 12[12]Substituted for the original clause (b) by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2, Schedule I, Part II. 13[13]Substituted for the words “Punjab” by the Punjab Land Preservation (West Pakistan Amendment) Ordinance, 1963 (VI of 1963), section 4. 14[14]The word “Indian” omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2, Schedule I, Part II. 15[15]Substituted for the figures “1878” by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), section 3 (b). 16[16]The word “and” omitted ibid., section 3 (c). 17[17]Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. 18[18]Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937. 19[19]Substituted for the words “Deputy Commissioner” by the Punjab Land Preservation (Amendment) Ordinance, 2001 (XLVIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. 20[20]Added by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), section 3(d). 21[21]Substituted for the original section 3 by the Punjab Land Preservation (Chos) (Amendment) Act, 1942 (XI of 1942), section 5. 22[22]Substituted, for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937. 23[23]The words “or permanently” omitted by the Punjab Land Preservation (Chos) Amendment Act, 1926 (VII of 1926). (b) the quarrying of stone or the burning of lime at places where such stone or lime had 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 24[24][of rightholder in such area]; (d) the setting on fire of trees, timber or forest produce; (e) the admission, herding, pasturing or retention of sheep, 25[25][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 therefrom, or to pasture sheep, 26[26][goats or camels] or to cultivate or erect buildings therein and the production and return of such permits by such persons. 27[27]5.Power, in certain cases to regulate, restrict or prohibit, by special order within notified areas, certain further matters.— In respect of any specified village or villages, or part or parts thereof, comprised within the limits of any area notified under section 3, the 28[28][Provincial Government] may, by special order, temporarily 29[29][* * *] regulate, restrict or prohibit— (a) the cultivating of any land ordinarily under cultivation prior to the publication of the notification under section 3. (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 30[30][for any purposes]; and (d) the admission, herding, pasturing or retention of cattle generally other than sheep, 31[31][goats and camels] or of any class or description of such cattle. 32[32][5-A. Power to require execution of works and taking of measures.— In respect of areas notified under section 3 generally or the whole or any part of any such area, the Provincial Government may, by general 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 24[24]Added by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), section 4. 25[25]Substituted ibid., for the words, “or goats”. 26[26]Ibid. 27[27]For notification see Punjab Local Rules and Orders. 28[28]Substituted for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937. 29[29]The words “or permanently” were omitted by the Punjab Land Preservation (Chos) Amendment Act, 1926 (VII of 1926), section 3. 30[30]Substituted for the words “for bona fide domestic or agricultural purposes”, by the Punjab Land Preservation (Chos) (Amendment) Act, 1905 (IV of 1905). 31[31]Substituted for the words “and goats”, by the Punjab Land Preservation (Chos) (Amendment) Act, 1944 (IV of 1944), section 5. 32[32]Inserted ibid., section 6. (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].