816. Meteorological observations and returns- At some important stations there are observatories under the direct control of the Director-General of Observatories. A note on the climatic conditions of each month by the Meteorological Department of the Government of India is published in the Gazette.
At other headquarter stations and at tahsils there are rain gauges in charge of the assistant to the district kanungo and the tahsil office kanungo, respectively. Registers are kept up by the district kanungo and the tahsil office kanungoes in which the rainfall is recorded. The headquarters register contains columns to show the rainfall at every recording station in the district which is in charge of the district Kanungo. At the beginning of each month a return of the rainfall of the past month with notes on the agricultural situation, is furnished to the Director of Land Records. Besides the rain-gauges in charge of revenue officials others have been put in a number of places where a record of the local rainfall was considered necessary. These are in charge of competent officials, such as Sub-Assistant Surgeons. The rainfall is also recorded by officials of the Irrigation Department and at the chief agricultural farms.
Crop reports-Whenever the Deputy Commissioner, or any Assistant Commissioner or Extra Assistant Commissioner visits a tahsil, he should inspect the rain-gauge and register , and satisfy himself as to the capacity of the office kanungo to observe and record the rainfall correctly. The result should be communicated to the Director of Land Records and to the Meteorological Department of the Government of India. It should be part of the duties of one of the officers at headquarters to inspect the rain- gauge and register at regular intervals.
Reports on the snowfall for the months of January to May are sent by the Deputy Commissioners of Shimla, Kangra, Gurdaspur , Rawalpindi and by the Assistant Commissioner in Kulu to the Meteorological Department of the Government of India, a copy being furnished at the same time to the Director of Land Records . A special report is also sent if possible , about the middle or end of July.
A return showing the monthly rainfall at each district headquarters in the province is embodied in the Director’s yearly Season and Crop Report. ( For detailed instructions as to the record of rainfall and snowfall Financial Commissioner’s Standing Order No. 37 should be referred to.)
817. Crop Reports- From fifteen districts a weekly telegraphic report is sent to the Director of land Record in which the rainfall, the progress of agricultural operations, the prospects of harvest, any serious damages done to crops, the condition of agricultural stock, any marked failure of pasturage, fodder or water supply , when it occurs , and the chief objects of those reports to ensure that the approach of scarcity anywhere in the province shall be signaled. Similar reports are sent from every district in which scarcity is impending or famine or other abnormal circumstances exist. The Deputy Commissioners of the remaining 14 districts are also required to submit by letter a summary of the weekly weather and crop conditions during the period from the 1st of April, till the 15th October (inclusive).
Deputy Directors of Agriculture submit similar reports, converting the same ground to the Director who forwards them through the Financial Commissioner , Development , to the Minister.
For some of the principal spring and autumn crops estimates are furnished by Deputy Commissioners and Deputy Directors of Agriculture to the Director of Agriculture at intervals generally of about two months. There are , therefore three estimates for each crop. The first and second are preliminary and corrected estimates of the area sown, the third prepared after the culture harvest inspection gives the actual area of crops sown, and an estimate of the outturn. In the case of cotton and wheat a fourth estimate is also required.
A statement showing the results of the kharif harvest accompanied by a brief note is sent by Deputy Commissioners to the Director Land records not later than the 10th of December. The district returns with a general note by the Director are published in the Gazette. The rabi crop return forms one of the statements appended to the Crop and Season report which Deputy Commissioners sent to the Director of Land Records and to the Commissioner by the 10th of July, each other.
The note on each harvest should include a concise account of the factors which have influenced the area or the yield of important staples.
The note should be prepared by the Revenue Assistant who should base it upon the reports of tahsildars and his own personal observations . Both the Revenue Assistant and the tahsildar should check their own personal observations by the opinions of reliable agriculturists.
The provincial Crop and Season report is drawn up the Director of Land Records. (For detailed instructions as to weather and crop reports, monthly agricultural prospect reports , estimates of area, yield of certain crops and Season and Crop report, see Financial Commissioner’s Standing Orders Nos. 36,37, 38 and 53.)
818. Crop Experiments-The most reliable crop experiments are those conducted by the settlement staff when a district is under re-assessment. But experiments are also made harvest by harvest in all the districts of the province, except Simla , by the revenue and agricultural staff and the results reported to the Director of Land Records and Director of Agriculture , Respectively. They should be made by naib-tahsildars, tahsildars, Revenue Assistants and Sub-Divisional Officers in the case of revenue staff and by Agricultural Assistants , Extra Assistant Directors of Agriculture and Deputy Directors of Agriculture in case of agriculture staff. Detailed instructions will be found in the Financial Commissioner’s Standing Order No. 9- A.
819. Prices-The deputy Commissioner of the following districts report on 1st and 15th of each month of wholesale prices of the principal food-grain prevailing at the markets and noted against each:-
This prices of the different crops obtaining in each assessment circle at harvest time are entered in the crop abstracts in the circle note-book in accordance with reports received from district kanugos. A register of the retail price at headquarters of the same crops and of salt and firewood is kept up by the district Kanungo. The prices recorded are those current on the fifteenth and the last day of each month . From the register a return showing the retail prices of some of the chief staples and of slat and firewood is compiled and sent to the Director of Land Records on the 1st and 16th of each month. An officer not below the rank of Extra Assistant Commissioner, either the Treasury officer or some other member of the staff whose work ordinarily keeps him at headquarters, should be made responsible for checking the figures of retail and wholesale prices in the returns , and each price current should bear his attestation (Government of India Revenue Department , No. 6-150, dated 20th March, 1872). Through the prices recorded are only those of particular days , it is his duty to keep himself informed from day to day of all variations in the market.
In districts where there is a Cantonment the same officer should be made responsible for the preparation of the monthly lists of bazar prices furnished to the Indian Army service Crops.
Their accuracy is a matter of great importance , as they may be used as the authority for the payment to Indian troops of compensation for dearness provisions. (For detailed instructions as to price lists see Financial Commissioner’s Standing Order. No. 39. ) A copy of the military bazar prices current is sent monthly to the Director of Land records for scrutiny.
The industrial surveyors working under the control of the Director of Industries , Punjab , will also check the records of retail prices at the head quarters of districts once a month. They will report the result of their check to the tahsildar and will not give any directions to the revenue staff, whose responsibility will remain unimpaired.
820. Locusts. Locusts are frequently seen in the province, but as a rule they speedily disappear after doing an amount of damage which , through it may be small in proportion to the total out-turn , may be very serious for the cultivators whose crops have been attacked . In some seasons, however, vast swarms invade the province, and commit widespread devastation. Their power of multiplication is enormous. Whenever locusts are observed in a district measures should be taken to ensure.
An account of the history of locusts with detailed instructions as to the best means of destroying their eggs and the young insects before they acquire wings will be found in appendix V.
Once the locusts have begun to fly no measures hitherto devised appears to be really effective. The use of airplanes to drop dust powder has not been tried in the Punjab. Flame guns can be used to kill the insects as they are resting at night but this measure is obviously of very limited value.
821. Carriage and supplies for troops. The rules for the provisions of carriage and supplies to troops on the march will be found in Financial Commissioners Standing Order No. 58 . IN carrying them out a good deal of care and tact is required to ensure on the one hand that nothing taken without payment and on the other that the reasonable requirements of regiments are met. It is important that civil official should be the medium of communication between officers commanding troops on the march and the country people, No definite rule on the subject can be laid down; but Deputy Commissioners must invariably accredit to the commanding officer an official of sufficient standing powers and intelligence to accompany troops on the march or if the number of the troops is small to be present at each encamping ground on their arrival and departure. When the detachment or force on the march consist of European troops, an English –speaking official should, if possible be sent.( Punjab Government circular No. 12-1724, dated 31st July, 1883). Grass cutters of regiments on the march should on arrival at encamping –grounds be directed to best places for cutting grass. Private property must be respected but there is usually abundance of grass on the sides of the roads and other public places. (Punjab Government Circular No. 22-657, dated 28th March 1870.)
822. Horse, mule and cattle breeding. As all the chief agricultural operations are carried on with the aid of bullock power, the supply of efficient cattle is a mater of great importance. On the whole the live – stock in the Punjab are of better quality than in the rest of India. And in some parts their reputation stands very high. The spread of canal irrigation over the old breeding ground has had a serious effect on the supply and has added to the importance of the cattle –breeding work of the Veterinary Department. Certain districts which are regarded as suitable or horse –breeding have bee n classed as “selected”, and in these the Army Remount Department devotes special attention to the matter; they provide and replace a number of stallions and pay for all costs of establishment, feed and keep. If district broads maintain their own stallions in these districts, these are supervised by the officers of the Army Remount Department.
In other districts , classed as “non-selected” the horse and donkey stallions are supervised by the civil veterinary department ; the initial cost of acquisition is shared between Government and the district boards. While the latter pay for maintenance.
In all districts, the breeding of horned cattle, cattle disease, cattle fairs ,etc. are the care of Director , Veterinary Services , and his Superintendents (see Agricultural circular No. 6)
At Lahore there is a vernally College for training students , stipends are given both by Government and Local bodies (see Agricultural Circular No.3)
Until recently the only organization for the supply of suitable bulls for breeding purposes was the Government Cattle Farm at Hissar (see Agricultural circular No.1) but the establishment of the grantee farms in the Lower Bari Doab Canal colony and the introduction of the Dhanni and Hariana breeding schemes in the districts including the homes of these breeds have provided facilities for obtaining bulls of different breeds required for various districts of the province.
An area has been set apart for a new cattle breeding farm in the Nili Bar colony, which it is hoped, will be developed for the supply of high class bulls.
823. Cattle and horse fairs. Cattle and horse fairs have come to be regarded as a very valuable means of stimulating interest in breeding as well as of facilitating the sale of young stock. They are being used for the exhibition of the better types of stock as well as improved agricultural implements and farm produce. They tend to brighten the prevailing dullness of rural life by providing an occasional district fete. (See Agricultural circular No.2) Several district boards derive a substantial income from such fairs, and there is in consequence a tendency to encourage them as a source of income.
824. Important epidemic diseases among livestock. The principal epidemic diseases of equines and brownies are enumerated below :-
Lymphangitis epizoopica Anthrax
Dourine Black – quarter
Anthraz Foot and mouth
Pleuro – Pneumonia contagious.
As a result of the propaganda work done by the Civil Veterinary Department with regard to contagious diseases and their prevention, live-stock owners readily admit the usefulness of preventive inoculations against the most serious contagious diseases such as rinderpest and hemorrhage septicemia.
The occurrence of epidemic disease amongst live-stock in a village is reported by the lambardar to the patwari who sends the information by postcard (supplied by the Civil Vernally Department for this purpose) to the nearest veterinary assistant concerned . On receipt of information from the patwari , the veterinary assistant adopts the following procedure.
If the report relates to an outbreak of equine epidemic disease in any part of a selected district where such disease is dealt with by the Army Remount Department , he will merely transfer the post-card to he local veterinary assistant of that department for disposal in other cases he himself will proceed at once to the scene of the outbreak for the purpose of taking the necessary remedial and preventive measures. On arrival at the spot at which the contagious disease had been reported to exist , the veterinary assistant takes all requisite steps for the treatment of the disease and for the prevention of its spread. If the situation is sufficiently serious to require this , the veterinary assistant warns his immediate superior that his presence is needed, and the latter will order to the spot such extra staff as may be necessary when the nature of the disease has been ascertained, the veterinary assistant or veterinary assistant surgeon fills in a printed from provided for this purpose and submits it through the proper channel to the Superintendent of the Circle for information . Similar information is also sent to the Deputy Commissioner through the tahsildar on another form supplied by the department. Whenever a serious outbreak of epidemic disease occurs in a district or whenever there is a danger of the disease spreading into the adjacent districts the Deputy Commissioner intimates the occurrence to the Commissioner of the division and also to the Deputy Commissioners of the neighboring districts in order that due precautions may be taken. When epidemic disease appears in a camp or cantonment or amongst animals on a military line of communication , the military authorities have instructions to inform the nearest civil authority without delay. Such information is immediately communicated to the local veterinary assistant or veterinary assistant surgeon and the Superintendent of the Circle in which the infected area lies. Similarly when any epidemic disease amongst animals appears at a horse or cattle fair or in the neighborhood of containment or on a line of military communication the fact and the nature of the disease is at once reported to the nearest military authority.
825. District arboricultural. The importance of arboricultural to a province so bare and arid as was the greater part of the Punjab was early recognized and in 1852 the Board of Administration issued orders designed to increase the fuel supply. The same order provided also for the comfort of travelers; they sanctioned remissions of land revenue on plantations and for the grant rent free, or plots of Government land at every three miles along the main roads to persons who would undertake to sink wells and plant groves Zamindars receiving inams from Government were to be required to raise one kanal of young trees for sale or distribution among their tenants. Trees were to be planted by official agency round all Government building of every description and along roads under construction and officers in charge of canals were to raise plantations at every three miles along their banks; and at every jail and every tahsil nurseries of young trees were to be kept for distribution.
827 Progress of district arboricultural - The success of all arboricultural operations depends so much on the taste and opportunities of individual hand worked officers that progress has been intermittent and sometimes slow; but no one who has toured the province can fail to appreciate the vast amount of good work that has been done. Almost all the main roads run through avenues and the great canals have everywhere well-wooded banks. Most Government building are surrounded by trees and nearly all civil stations have a pleasing appearance. The mileage of avenues along roads and canals must run into many thousands.
828. Tree Planting by private persons. The rules regarding the encouragement of tree-planting by private persons will be found in paragraphs 511-512 of the Settlement Manual. Under those relating to plantations of trees the Deputy Commissioner can at any time send up proposals to free the land from assessment. Those relating to wayside groves (Financial Commissioner’s circular No. 4 of 1882) and the making of tree-planting a condition attached to the grant of inams must be considered as now obsolete. No Compulsion can be exercised to secure the planting of private lands and men with very small holdings cannot afford to plant trees except a few in the immediate vicinity of a well. But they can be encouraged to preserve what trees they have and men with more land can be helped by the distribution of seedlings and especially where the local conditions are favorable , of fruit trees from Government nurseries.
829. Tree planting by public agency. The expenditure on the planting of trees along roads is met by the authority which is responsible for the maintenance of the roads , that is to say either by the Public works Department or the district boards or municipalities. So far as the work is in charge of local bodies, obviously a great deal must depend on the interest shown in it by the Deputy Commissioner and Commissioner. A general superintendence is exercised by the Conservator of Forests , and his advice should be asked on doubtful points. Much help may be derived from the manual of arboricultural . IN this branch of their work commissioners correspond direct with the local Government. It is important that there should be definite scheme as regards tree planting and under existing orders working plans for periods of from 3 to 5 years should be drawn up for each district:-
“The working plan should be of a simple nature, and it may be best , as suggested by some of the officers consulted, to concentrate operations on one or more selected roads in each tahsil and to complete the planting of trees on such road or roads before other roads in the tahsil are taken up. When the plan is sanctioned, the Conservator of Forests should be informed through the Commissioner at the beginning of each year of the operations it is proposed to put in hand during the year, and a report should be submitted at the close of the year showing how far these operations have been carried out. IN the case of roads already planted with trees, it should also be stated what measures have been taken to replace by the planting of young trees losses that may have been caused through trees being blown down by storms or the removal of which has been otherwise necessitated. As suggested by the Conservator ( Letter No. 2790 , dated 21st October , 1901.) where this was not already been done a map on fairly large scale should be prepared and hung up in the Deputy Commissioner’s office showing the actual state of the avenues etc. in the district –a system of lines, full , broken , or dotted, showing whether a road is fully planted whether there are gaps to be planted up or only a few trees here and there.
Arrangements have been made at the Imperial Forest Research Institute and College at Dehra Dun as well as at Changa –Manga for putting district board official through a simple course of training ….. Where feasible, Deputy Commissioner’s should make over to some member of the district staff the immediate supervision of the operations of the whole district, but at the same time the responsibility of the tahsildar for the work in his tahsil should be maintained and encouraged.”
830. Orders of Government of India. The Government of India Issued a resolution (Proceedings September , 1905, Nos., 12-17 – A , Forests file No. 32.) No. 21 dated 11th July, 1905, on the maintenance of avenue trees along roadsides, a few extracts from which may fittingly conclude the discussion of this subject :-
“The question is one of the real importance because of the welcome shade afforded thereby to way –fares, the substantial addition to the beauties of the landscape, and mitigation of the discomforts of long journeys by road. The practice of planting avenues of this description was in earlier days as much a feature of British Administration as the construction of the roads themselves; and some of the order avenue on the main roads of India still supply the most agreeable of memorials to the taste and provision of their founders. The practice has no where died out; and it is still fairly widely , though intermittently and unmethodically , pursued. In recent years, however, great havoc has been caused in some tracts by the mutilation and cutting down of timber in times of famine; and observations tends to show that these ravages have only been partially repaired. In other parts of the country the importance of the matter appears to have been imperfectly kept in view , and , from the want of sustained policy , money and effort have been wasted, and in many places avenues formerly in existence have been allowed to disappear or to become disfigured by unsightly blanks.
“The Government of India are of opinion that the authority responsible for the construction and upkeep of any road upon which the provision of shade is required for the comfort the way – fares , should consider it almost as much its duty to maintain along the road a line of shade giving trees as it is to keep the roadway and bridges in proper order , and should allot its available funds accordingly ,and more especially it should not manage these avenues so as to derive from them a net profit, until all the needs of the roads under its charge in matter of trees have been supplied. The Government of India are far from discouraging all reasonable measures devised in order to make an income from the avenues , which taken as a whole form a very valuable property. Indeed, they are of opinion that in many cases a much larger income might legitimately be secured by more judicious thinning and the felling and replacing of over-mature trees, while steadily keeping in view the main object, which is to provide a continuos row of healthy shade – giving trees, and more especially such trees as a give shape , such as may be seen some of the fine old avenues left to us by the far-sighted officers of an earlier generation. But they would suggest that each authority having roads in its charge not yet provided with avenues, should be required to keep a separate account of its income from and expenditure on arboricultural, and , until the needful roadside avenues are completed , to spend on arboricultural a sum at least equal to the income derived from the existing roadside trees. Moreover, in considering the provision of funds generally or the purpose, local Governments should look to the net expenditure. Rather than to the gross expenditure . On this object, in the connection it is material to observe that the liberal grant recently made to district boards from general revenues will enable them to make better provision for all their duties, including arboricultural.
“In most provinces the responsibility for roadside trees devolves partly on the Public Works , Department and partly on local bodies, In either case it is essential that effort should be concentrated and properly directed and that the work of planting and tending the trees should follow a prearranged system. As a general rule provision should first be made for filling up gaps in existing avenue; next for establishing avenues which have been planted, but in which the trees are not yet beyond the reach of danger from drought or cattle; and lastly for planting new avenues . In taking up new work, preference should be given to those roads which are most frequented and where avenues can be established at the least cost and no more should be attempted at one time than can be thoroughly established by means of the money and supervision available. Care should be taken that the most suitable kind of tree is chosen., preference being given to fruit trees, where otherwise suitable , and to trees which will give shade, rather than to trees which merely develop a rapid growth . The character of timber must also be selected with special reference to the dryness or moisture of the soil. In some cases it may be possible to provide means for the watering of trees by the utilization of neighboring sources of supply. Local Government are requested accordingly to see that where this had not already been arranged for a clear working plan, similar to those prepared for Government forests, and accompanied by the necessary maps is prepared for each district or public Works Division concerned. The working plans should be passed by some responsible officer, such as the Conservator of forests, or the Director of Land Records or Agriculture, or in the case of Government roads the Superintending Engineer; and arrangement should be prescribed for ensuring that they are not lost sight of by the local bodies or officer concerned. The services of the local forest officer where available might be utilized both in the preparation of working plants and in inspecting and advising upon the actual operations . Many cases could be cited in which , when gaps occurs in an old avenue trees of a different and often heterogeneous description have been carelessly introduced in the vacant places, both interrupting the uniformity and spoiling the future appearance of the avenue.
“The subordinate in direct control of arboricultural work, whether under local bodies or under the Public works Department, should as far as possible , receive a training of some kind in the technical branches of the subject either at some Government garden or at a forest school or plantation . The Government of India are aware that funds cannot always to be forthcoming for the entertainment of full time officials of the forester, class for arboricultural work and they also recognize that the success of roadside planting depends far more on strict supervision than on technical details; but they are at the same time convinced that even a few months training in the technical part of the work will add to the efficiency of the present controlling staff, and every facility will be given in forest and Agricultural institutions under the control of the supreme Government to provide a suitable training for such men as may be sent to them for instruction by local bodies or the Public Works Department. It is suggested that such facilities should be arranged for in similar institutions controlled by local Government.
“ Good results have been obtained in some tracts by entrusting certain supplementary work such as the planting of detached piece of road or the filling up of blanks in avenues to village or private agency and paying by results , and in others private enterprise has been stimulated by rewards and by revenue – free grants. The encouragement of private tree- planting by these and other means is , in the opinion of the Government of India. Worthy of the special attention of the local Government, and they are requested to consider whether anything further can be done in this direction than is effected at present.
“It is essential that , as far as possible , the sympathies of the neighboring population should be enlisted in the preservation of the roadside trees. In the case of fruit trees , the produce of which is the little value, the cultivators of the adjoining field should be allowed to take the fruit on condition that they protect the trees from serious damage. And when a fodder famine is prevalent, judicious arrangements should be made to utilize the edible leaves of trees along roadsides as fodder for the cattle at reasonably cheap rates. This does not mean that the trees themselves should be heedlessly mutilated, or cut down but that a temporary sacrifice of sylvan amenity may be gladly accepted in the interest of saving valuable animal life.
“There is one practice that calls for particular deprecation . It is that of lopping or otherwise injuring a beautiful avenue when preparations are being made for the reception of a high Government official. In the anxiety to made proper arrangements for a party or procession proceeding in carriages, it is not an uncommon thing for the district authorities to cut away all the branches from the roadside trees within a certain distance from the ground, serving thereby no purpose. Whatsoever and inflicting damage which it may take years to repair. Officers of Government should maintain a vigilant watch in order to prevent this unthinking and regrettable from of depredation.”
831. Minerals and quarries. All mines of metal and coal all gold washings and all earth oil belong to Government. As regards other minerals such as quarries and canker beds , the land as contained in section 42 of the Punjab Land Revenue Act., is explained in paragraph 191 of the Settlement Manual and is also dealt with in paragraph 10 of the Financial Commissioners’ standing order No. 42 . In some estates these minor minerals are private property, elsewhere they belong to Government, even where the surface is private property.
The extraction of metals , coal earth-oil , gold, salt and generally speaking minerals not included in the definition of “minor minerals” is governed by the Punjab Mining Manual . For minor minerals a references should be made to the Punjab Minor minerals Rules published with the Financial Commissioner’s notification No. 4345-R dated the 23rd December, 1963 (see Punjab Land Administration Act Volume II). Royalty is imposed on minerals belonging to Government extracted by private endeavor. Wherever the minerals are the property of Government the dues of Government are taken in the shape of a royalty. Where on the other hand minerals are the property of the landowners , the gains from them should be included in the assets of the estate at settlement. Section 59 (1) (e) of the Land revenue Act provides for a special assessment in cases where this has not been done.
832. Treasure trove. Rules as to treasures trove are contained in Punjab Government consolidated circular No. 43.
833. (I) Creation of department of fisheries in the Punjab ( I) In about 1868 the Government of India deputed Dr. Day to enquire into the economic conditions of the fisheries of India , as a result of frequent complaints from all the provinces regarding the wholesale slaughter of fish. A second inquiry by Mr. H.S. Dunsford was under taken in 1911 in the Punjab , and he corroborated Dr. Day’s Statements and suggested various remedial measures for the preservation of fish in the province.
(ii) As a result of Mr. Dunsford’s report Mr. G.C.L. Howell, I.C.S. was sent to America to study fishery problems and on his return was appointed Director of Fisheries in 1912 with a small staff, to collect data in order to enable Government to decide whether Fisheries Department in the Punjab was justified , and what steps should be taken to preserve the fish supply. As a result of his efforts the Punjab Fisheries Act II of 1914 came into being . On his vacating the post of Director in November , 1915 the post was abolished but it was decided to retain the department under a Warden of Fisheries which post was accordingly created.
(i)Scope of rules. (ii) The Punjab Fisheries rules and regulationsare all drafted either under the Indian Fisheries Act IV of 1897, or the Punjab Fisheries Act II of 1914. Act IV of 1897 and the rules thereunder prohibit the use of poison, dynamite and other explosiveand obnoxious substances for killing fish, and close certain waters, which are spawning grounds of important species of fish to fishingaltogether for specified periods. The rules framed under the Punjab Act, II of 1914, are simple and merely prohibit the use of fixedengines and small – meshed nets and the diversion of water for killing fish , in order to save the small fry and immature fish. These rulesare applied to waters which are not “Private Water” these can also be applied to “Private Waters” with the consent of the owners thereof.
These rules were first issued Kangra in 1916 and are now in force in 25 districts of the province. They also regulate fishing by prescribing the kinds of gears which are permitted, the seasons during which they may be used and the fees payable for the various kinds of licenses.
Briefly, licenses are of two kinds- general and angling. The former include nets and gears of all kinds as used by professional fishermen and the later for rod and line only , and are for the most part taken out by sports men.
There are different kinds of angling licenses and the fees there of vary considerably for instance provincial licenses, canal head works licenses, trout waters and district. They are obtainable from Deputy Commissioners of districts from the Warden of Fisheries and in case of canal heads works from the Executive Engineers , Irrigation’s Branch.
In 18 districts individual licenses are issued to fishermen and in 7 districts in the western Punjab , and on canals leases are auctioned annually and license issued to highest suitable bidder along with a number of permits for use by his nominees of agents.
In two districts size limit for mahsir and trout has been prescribed below which no fish of these species can be killed. The offering or exposing for sale or barter of mahsir and trout killed in contravention of the rules has also be prohibited in these two districts .
The breaches of the rules are compoundable and compensation not exceeding Rs. 10 for each breach is charged . Such breaches are also punishable with a fine upto Rs. 100.
(iii). Rules under Punjab Act applies to all rivers and streams in Punjab. As almost all the rivers and streams in the Punjab are not the exclusive property of any persons, rules under the Punjab Act have been applied to them.
(ii)Conditions. The conditions on which the waters as licensed or leased are :-
(a)that the licensees are bound to fish in accordance with the conditions laid down in the rules.
(b)That they are bound to report breaches of the rules which come to their notice to the Deputy Commissioner, tahsildar, or any officer the Fisheries Department;
(c)That if, according to the entries in the wajib-ul –arz or record – of –rights , the owners of any village are entitled to a share of the catch of fish from the waterswithin those villages, the licensee shall be bound to give that share to the owners;
(d)In the districts in which fishing is leased, the lessee is required to pay the lease money in advance or by three equal installments; in the latter case he is required to furnish sufficient security for the payment of the future installments ; short paymentsare recoverableas arrears of land revenue.
If a licensee is convicted for a breach of the rules his license can be cancelled.
834. Changes in limits and numbers of tahsils , districts and divisions. An increase in the number of divisions into which a province is divided can only be made with the sanction of the Governor –General in Council. But the local Government may add to the number of tahsils and districts and may vary their limits and those of divisions. (Section 5 of Act XVII of 1887) Such Changes are generally unpopular with the people, and can hardly fail to produce some confusion in administration . The make the comparison of past and present statistics difficult , and are apt to be embarrassing when the time for a general re-assessment comes round. They should , therefore only be proposed when they are essentially necessary for the proper management of the estate or tract concerned.(Government of India , Home Department, Circular No. 194-202, dated 2nd June , 1870. For reports to surveyor –General of changes of boundary , see Financial Commissioner standing order No. 25.)
834-A. Boundary disputes. Any boundary disputes with Indian States which arise should be dealt with promptly . The procedure to be followed in such cases will be found in Punjab Government consolidated circular No. 25. The adoption of fixed boundaries between the Punjab and Indian States where the line of demarcation follows in the main course of a river.(See paragraph 437) ought greatly to reduce the number of such disputes.
In the case of land boundaries the operations of the Survey of India Department and successive settlement operation have left little room for doubt as to the actual border. No difficulties are likely to arise and any that do arise should be easily settled , if the orders requiring Deputy Commissioner whose districts march with Indian States to inspect the boundary or cause it to be inspected every year are carried out. (Government of India. Foreign Department, resolution No.1758, dated 21st August , 1871. The inspection should be noted in the annual revenue report. )
The Darbar should be informed when the district officer proposes to make his inspection and asked to depute a representative of the State to meet him. The State of the boundary pillars should be noted and arrangements made to carry out any necessary repairs.
835. Skeleton maps. Special ¼ district maps showing villages , tahsils and district boundaries , railways main rivers , canals roads and other prominent features as well as a few of the more important places , are issued by the Director of Land Records for use in illustrating new proposals and reports , and can also be conveniently bound into district statistical atlases , the necessary additions being made under the Deputy Commissioner’s orders.
Subsidiary to the above a limited number of ¼ maps are printed with the villages numbered a key sheet being added with alphabetical lists of villages in English and vernacular. These maps are prepared in the Surveyor –General’s Office, and are reductions of the published survey sheets.
835. Authenticated to CM :1KM tehsil maps , 1 CM’ 2 ½ KM district maps and M 10 KM state Map drawn on the basis of survey of India’s Topographical map sleets showing village, sub –Tahsil, Tahsil and district Boundaries, railways , roads, rivers, canals and other prominent features as well as important places , are issued by the Director of Land Records to cater the needs of the various Government Departments for planning purposes.
The necessary additions and alterations made from time to tome are incorporated in these maps of the Director of Land Record, Punjab.
836. Gazetteers. The revision of the gazetteer is under taken at each settlement by the settlement officer. ( See paragraph 552 of the Settlement Manual.) But to assist him in his task and at the same time to make the gazetteer more useful, it should be kept up to date in the interval between settlements. Deputy Commissioners have therefore been ordered to have a copy of the district gazetteer interleaved with good writing paper and to maintain a gazetteer note-book.
In the first they should enter brief notes correcting any statements in text which seem to them to have always been or to have become erroneous or which need to supplemented. For instance , after a new census it is well to correct all figures relating to population . The notes made in interleaved copy of the gazetteer should be very brief.
The gazetteer note book should contain longer entries on any matter which the Deputy Commissioner thinks will be of use in the preparation of the new edition. Each entry should be marked in bold figures with the serial number of the gazetteer heading under which it will fall No. two entries should be appear on a single page. Only one side of the paper should be written on , so that the settlement officer may able to remove the leaves and made use of the entries without recopying them . When the information is available in convenient form in the district or other records a full reference to the papers in questions, with a brief indications of the nature of the material which they contain will suffice.
Both at the time of the redrafting of a new edition and during the interval between the editions , the officers who are collecting information should try to obtain help from residents of the district, Indian and European official and non-official. For example , it may be possible in this way to get better notes on the botany or geology of a district, its manufactures its archaeological remains , or its folklore than the Deputy Commissioner or the Settlement Officer may have either the time of the special knowledge to compile. If vernacular papers are to be made use of they should be composed in a simple style , and the hand-writing should be neat and clear.
The latest instructions as the revisions of district gazetteers are contained in Government of India, Home Department , letter No. 3375, dated 1st November 1902.
The chief difficulty which stands in the way of periodical revision of the existing gazetteers, and the reason which has caused so large a portion of their contents to become obsolete is that they contain a mixture of permanent matter such as that relating to the history , physical characteristics , religion, ethnography etc. of the district ; of matter which changes gradually but as a rule slowly such as that dealing with the agricultural and economic conditions; and of ephemeral matter mainly statistical, which soon becomes out of date. For this reason when a new District Gazetteer is issued it should consist of two volumes. A and B Compiled on the following lines :-
(1) In the first edition all descriptive matter shouldgo into the A volume ; but that volume should containonly such general figures (incorporated in the latter press) as are necessary to give point to remarks in the text . The arrangement of subjects in thisvolume should follow the order prescribed for the provincial articles in the Imperial Gazetteer. All detailed statistics should be relegated to the B volume, whichwould at first consist only of these and of such notes as may be necessary to elucidate them.
(2) On the occasion of the nest revision of statistics in the B volume should be recompiled and this volume should be expanded by addingto it any matter thatmight be required to correct or supplementthe A volume. Thus if there had been a famine since A was published , if new railway had been openedand so forth information on these points would appear in B as supplementary to the appropriate chapters in A.
(3) Thisprocess wouldgo on till the time had come for revising the A volume. Then all the supplementary text matter should be incorporated in the new a Volume and B would revert to its original form as a statistical appendix with explanatory Notes.
(4) A new edition of the B volume should be brought out after each census. The revision of the A volumes must be left to the discretion of the local Governments . The occurrence ofa new settlement will ordinarily be the best time for such revision; but it may well happen that plenty of copies of the original A volume are still available and that the settlement and lapse of time have not brought any important change in the conditions of the district. In that case the revisionof A should stand over till the stock of it no longer suffices for the demand; but a brief account of the settlementoperations and of the changes which they have produced or disclosed in the state of affairs described in the A volume , should be prepared by the Settlement Officer before he is relieved of his duties, for inclusion in the next decennial V volume.
(5) The statistical partor the B volume should be issued with interleaved blank pages so that those who use it can have the figures of later years written in . The tables included in the B volume should be drawn up on uniform lines and should containthe main administrative statistics of the districts and its tahsils of other sub-divisions. Those prescribed enclosure D to my circular letter of 24th September , 1902 No. 2948 –60 , seem generally suitable for adoption , but local Governments will doubtless vary or add to these as local circumstancesdemand. It is thoughtthatincluding the explanatory notes they should not ordinarily exceed a maximum limit of 50 pages.
(6) Similarly a limit of size for A volumes might be fixed at about 300 pages within which compass it should be possible to comprise all really useful information . Some of the present provincial gazetteerserr in the direction of excessive size. The history chapters for example could often be materially condensed by assuming a general knowledge of Indian history on the part of the reader and dealing only with events which occurred in or were connected with the district. Where adjoining districts resemble each other in respect ofclimate , physical features , fiber and fauna history, distribution of castes, and economic conditions much labor might be saved by writing a single account of these and reproducing it. With the necessary local adaptations , in each district volume . It seems desirable that in future editions the severaldistricts should be dealt within separate volumes.
(7) The Government of India have decided that there shall be a separate Index volume in the case of the Imperial Gazetteer and think that it would be very convenient for purposes of reference if a similar index were prepared for each series of provincial gazetteers.
837. Annual Reports : The Crop and Season Report has already been noticed in Paragraph 817. The other yearly reports which Deputy Commissioners have to prepare in connection with the Subjects dealt with this manual are :-
Land Revenue Administration Report. (See parts I , II and IV of Financial Commissioner Standing Order No. 53.)
Report on Land Records
Report on estates under the Court of Wards (See part F of Standing Order No. 53)
838. Escheats. The principles governing the escheat to the State of property left by hairless properties are set forth in Punjab Government Consolidated Circular No. 9 and in the judgement of the Financial Commissioner in Wazira and other Versus Mangal and Others, No. 2 Punjab Record , Revenue , of 1911. The following propositions were laid down Sir Jame Douie in that case :-
(1)The right of the Crown to claim escheat rests not on Customary or Hindu Law, though Hindu Law recognizesescheats , but on grounds of general of universal law.
(2)The right can only arise in the absence of relations entitled by law or custom to inherit.
(3)The right of the proprietary body as a whole to succeed in case in which it exists is primarily based on real or assumed relationship to the holder of the land or to the member of the proprietor body from whom his title was derived.
(4)Such a right should be assumed in the case of homogeneous estates or sub-division of estates where the ownersare all or nearly all of the same tribe as the last holder of the land or the member of the proprietary body from whom he derived his title.
(5)It should not be assumed in the case of heterogeneous estatesor sub divisionsof estates held by persons of different tribes or different got of the same tribe . The presumption in such cases is that the State has right to escheat.
(6)Whenthe property in the land was originally derived by gift from a member of the tribe of the original proprietary bodythe right ofthat body should be recognizedon failure of the donors anddonee’s lines.
(7)In any case in which the Wajib-ul-arz declares the right of the proprietary body to succeed to the land of hairless owners Government shouldset up no claim.
It is further been held by the Financial Commissioner that escheat should not be claimed for Government when there is a daughter , daughter’s son ,sister , or sister’s son.
838-A. Succession –A.I.R. 1940 The attention of all revenue officers is drawn to the judgement of the Lahore high Court reported as A.I.R. 1940 Lahore 416 ,which lays down that in the absence of all agnates of a childless proprietor , a cognate however, distantly , related to him is entitled to succeed to his property in preference to a stranger.
839. Forfeiture of Property. The attention of all officers is drawn to the judgement of the Chief Court reported as Punjab Record 8 of 1908 , the summary of which is as follows: -
“Held by a majority of the Full Bench (Johnstone. J./ dissenting) that where ancestral immovable property held by a person subject to Punjab Customary Law attached and sold by order of criminal Court under section 88 of the Code of Criminal Procedure, the sale conveys the lift interest of that person only and does not extinguish the right of inheritance after his death of his male lineal descendants or of collateral’s descended from the original holder of the property.”
Cases have come to the Financial Commissioner’s notice in which land so sold has been purchased in the bona fide belief that full proprietary rights were being conveyed. Care should be taken to make it clear in all announcements of such sales , and at the time of sale that a life interest only is being sold.
Section 59 of the Land Revenue Act recites the cases in which special assessment may be made by Revenue Officer whose procedure is to regulated by the provisions of the Act relating to general land Revenue assessment subject to such modifications as the Financial Commissioner may introduce by executive instructions.
The following statement gives references to the executive instructions issued under the various clauses of the section :-
Cause (a) of Section 59(1) – Paragraph 179-A and 181-183 of the Settlement Manual paragraphs 197-198 of the Land Administration Manual and Paragraph 19 of Financial Commissioners Standing Order No. 7.
Clause (b) of Section 59 (1) Paragraph 10 of Appendix III and paragraph 5 at page 376 in appendix IV to the Land Administration Manual and paragraph 89 of Financial Commissioner’s Standing Order No. 28.
Clause (c) of Section 59 (1) – Paragraphs 529 –536 of the Land Administration Manual and paragraph 521 of Settlement Manual.
Clause (d) of section 59(1 ) paragraph 438-446 and 579-583 of Land Administration Manual paragraphs 445 and 497 of the Settlement Manual and Financial Commissioner Standing Order No. 26.
Clause (e) of section 59(1) paragraphs 191-192 and 458-460 of the Settlement Manual, paragraphs 767-769 and 831-833 of Land Administration Manual and Financial Commissioners Standing Order No. 42 – especially paragraph 1.
1. Instructions for guidance of forest settlement officers. The following instructions were issued in 1887 by the Financial Commissioner, with the sanction of the Lieutenant – Governor, for the guidance of Forest settlement Officers in proceedings under Chapter II of the Indian Forests Act, 1878 (now Act XVI of 1927).
2. Preliminary reports by Collector. Proposals to constitute reserved forests (whether initiated by local officers or framed in consequence of instructions received from superior authority) should be submitted by Collectors to Commissioners and should be accompanied by :-
(i) a map showing the land which it is proposed to treat in this manner and also the lands adjacent thereto;
(ii) a draft notifications under section 4 of the Act;
(iii) a report stating the rights in the land so far as known , the manner in which the land has hitherto been managed and the reasons for which it is desired to convert it into a reserved forest with suggestions for the appointment of a Forest Settlement Officer and Other agency , if nay required for his assistance.
3. Collector should obtain assistance from District Forest Officer. In drawing up this report the Collector should avail himself of the assistance of the district forest officer. In his absence, or for the proper treatment of cases of sufficient importance the Chief Conservator of Forest May be able to place a forest officer at the Collector’s disposal for the purpose. No detailed inquiry into rights should be made at this stage.
4. Scope of Report. It is of particular importance that this report , which is the first step in forest reservation proceedings , should state clearly the purposes for which the reservation is proposed e.g., for the better supply of the adjacent population with timber, fuel, grass or other forests produce; to meet the demands of railways , cities or cantonments ; to protect by forest growth hillsides and prevent destructive drainage; to grow or protect a high class of timber. The manner in which the reservations is likely to affect adjacent estates or population should be noticed. To this end the map accompanying should show not only the lands which it is proposed to reserve , but also the lands adjacent thereto, distinguishing inhabited sites, cultivation and waste . IT is ordinarily difficult for an agricultural or pastoral population to modify their habits in conformity with novel demands of regulated forest management and it is for the reporting officer to show either that the proposed reservation will not affect the conveniences of the adjacent population , or that sufficient necessity exists for restricting their convenience.
5. Disposal of report. The Commissioner on receipt of the Collector’s report will forward it to the Chief Conservator of Forest for his opinion and after receipt of that officer reply , will submit the report to the Financial Commissioner with his recommendations.
Forest Settlement Procedure
6. Map When a proposal to constitute a reserved forest has been notified, and the forest settlement officer has entered upon his duties and has issued the proclamation required by section 6, his most immediate duty is to ascertain whether he has at his command a sufficiently accurate map of the land to be reserved, and if he has not, then to provide one, for which purposes section 8 of the Act furnishes him with the necessary authority. Except for special reasons, the map should not be on a smaller scale than four inches to the mile. Its outer boundaries and the boundaries of all interior holdings should be carefully attested and be compared with the existing records available in the district record office.
7. Investigation of claims. Section 7 of the Act. In the meantime all claims preferred and statements of rights of which the existence is ascertained( whether from previous records or from local enquiry, should be put up in a file and be dealt with in the manner provided by the Act, claims should be clearly set out, either by petition or by deposition , or in both ways. If rights are believed to exist and the right holders do not appear, these persons should be summoned and be examined with reference to their rights . Documents relied on should befitted in original , or if copies are filed , they should be admitted only after comparison with the originals . Where previous records are referred to , the original records should be inspected and certified extracts should be filed. If claims or rights are disputed, suitable issued should be framed, evidence heard and findings be recorded thereon. In short, the Forest Settlement Officer should remember that he is armed with the power of a Civil Court, and that his decision possesses a similarly finality. AT the same time, separate files need not ordinarily be made up for each claim. Unless difficulties arise it will be usually sufficient to deal with all claims and rights in four files according to the classifications given in the next paragraph. Section 8(b) of the Act.
8. Four Classes of Claims. In respect of the treatment of claims, attention is directed to the following instructions :-
Chapter II of the Forest Act divides the claims with which a forest settlement officer has to deal into four classes, and provides a different method of treatment for each class. The four classes :-
(i) claims to public or private ways or water –courses;
(ii) claims to rights of pasture or to forest produce (section 12);
(iii) claims to other rights (section 11);
(iv) claims relating to the practice of shifting cultivation (section 10).
9. Public and private ways and water courses. The forest settlement officer must be careful to record all public and private ways and water –courses existing at the time his enquires, and in this class of claims must be included right to use the water of well, springs and streams situate inside the boundaries of the proposed reserve, for if the right to use such water exists . It cannot be enjoyed unless a proper way to approach to the water is allowed. But though the forest settlement officer is required to record all rights of this class he has no authority to expropriate or commute them. His duty is limited to the drawing up of a clear record of them. Their feature regulation is a matter for the executive Government under section 25.
10. Rights of pasture or to forest produce. The treatment of the second class of claims viz. Claims to rights of pasture or to forest produce is the most difficult part of the forest settlement officer’s duty. If after the enquiry to which reference has been made in paragraphs , above he rejects a claim in whole or in part, he should be careful that this order contains all the particulars required by section 13. If he admits a claim, he should proceed to record with as much completeness as is possible all the particulars required by section 14.
Having made this record, it remains for the forest settlement officer to secure by one of the three methods laid down in section 15 of the Act the continued exercise of the rights so admitted. He may either transfer the right to another forest tract under the condition stated in section 15(a) , or under the condition stated in section 15(b) ; he may exclude from the forest an area sufficient for the exercise of the rights established . Both of these methods possess obvious advantages, especially in the eyes of the right holders, but it lies with the forest settlement officer to take care that in resorting o them he does not burden any land with rights so extensive as to insure its ultimate deterioration. IT is easy by a too ready resort to expedients of this nature to purchase the proper forest preservation of one forest area at the cost of the ultimate destruction of another forest area. The forest settlement officer is under no necessity to sanction wasteful adjustments of this nature. Under section 15(c) he can record an order appointing the seasons at which , and the portions of forest in which , the rights shall be exercised and he can also propose in his final report any rules which , without restricting the rights admitted, place appropriate safeguard on their excise. In making arrangements of this nature, it is useful to bear in mind the necessity for providing that all areas burdened with rights shall be closed in rotations for reproduction. For instance , where a right of grazing can be sufficiently provided for in a hundred acres. It is expedient if possible to record the right in larger in area, subject to adequate conditions for securing the closing of the whole in rotation.
All this is to be done to the best of the forest settlement officer’s ability and with due regard to the successful maintenance of the forest under reservation Primarily the Government is not interested in extinguishing rights of pasture or to forest produce. But in the last resort and where really necessary in the interests entrusted to this charge, the forest settlement officer has authority under section 16 of the Act to expropriate these rights.
11. Other rights. In respect of the third class of claims the legislature leaves no option to the forest settlement officer. He must either exclude from the forest the land on which these rights are claimed or he must extinguish the rights. IN this connection it should be remembered that provided a given area of land is expressly excluded from the reserve being clearly demarcated off, the mere fact that the reserved forest surrounds such land does not necessitate expropriation of the latter. No doubt such areas (commonly known as chak khariji) often create difficulties in forest management , and where this is the case the settlement officer will act rightly in expropriating them. But in each case the question is for his decision.
12. Expropriations. In carrying out expropriations care should be taken to comply with the rules issued by Government for the guidance of Collectors in their proceedings under the Land Acquisition Act,. I of 1894. For all proposed expropriations village statements should be prepared and filed as required by paragraph 36 of Standing order No. 28 and the award should be entered in form A given in paragraph 73 of the Standing order. If reductions in the revenue roll are necessitated by these expropriations, the forest settlement officer should prepare and forward to the Collector the statement prescribed by paragraph 79 of the Standing order.
13. Certain Orders to be communicated to forest officer. Under section 17 of the Indian Forest Act., an appeal can be lodged by a forest officer against any order passed by a forest settlement officer under sections 11,12,15 or 16. This appeal must be presented within three months after the date of the order. The forest settlement officer after passing an order under any of these sections should at once send a copy to the local forest officer for communication to the Chief Conservator of Forests.
14. Making of boundaries. As the settlement of the reserved forest proceeds , if its boundaries have not already been permanently marked out, it is the duty of the district forest officer to set up permanently marked out, it is the duty of the district forest officer to set up permanent pillars and to test the agreement of these pillars with the final record of the forest settlement officer.
Final record and report.
15. Form of final report. This final record will be prepared by the forest settlement officer as soon as the decision of claims has progressed sufficiently . It should comprise for each forest separately demarcated or where the forest tract is of great size, for each convenient section thereof(I) map (ii) proceeding and (iii) final notifications. Instructions as to the form and contents of these documents are appended and no other paper should be added to the file excepting only orders subsequently issued by the local Government under section 22 of the Act.
16. Form and scope of final report. All claims having been disposed of and the above record having been complete . It will then only remain for the forest settlement officer to move the local Government to issue the notification contemplated by section 19. It is necessary that the local Government should before taking this step be informed of the nature .of the proceeding to which its final sanction is desired. To this end the forest settlement officer should draw up a brief report standing in addition to the information required by clauses (a) , (b) and (c) of section 20 of the Act, the general result of his proceeding . This report should be written by way of continuation of the preliminary report summated under paragraph 2, and need not repeat matters already sufficiently explained therein. No exact form is prescribed for the report. What is required is a brief summary of so much of the proceedings as has not already been reported , and of such a nature as to satisfy the local Government that these proceedings can appropriately be confirmed . It should notice specially the matters referred to in paragraphs 11 and 12 above, and also the extent to which expropriations (by agreement or by award) have been resorted to and the cost and other results of such expropriations. It should be accompanies by a draft notification for issue under section 20 of the Act, by a map showing the limits of the forest as finally settled on the scale and with the other details required by paragraphs 2, 4 and 6 above and also an English abstract of the information given under heads (v) and (vi) of the proceedings prescribed by paragraphs 1 and 3 of the annexture. This abstract should be drawn up with some care for its is intended to serve as a convenient guide to the officers by whom the forest will be managed. If expropriations have been made an abstract statement in the form prescribed by paragraph 79 of Financial Commissioner’s Standing Order No. 28 should also be added. See Cir. No. 17-F . of 18th July, 1885, from Government of India Home Department.
17. Boundaries of reserves on rivers, Government of India No. 746 of 16th July, 1893. In case of all forest reserves which are situated on the banks of a river, the exact position of which owing to allusion and dilution changes , is not constant , the boundaries of the forest should be fixed by maps giving bearings from boundary pillars on the firm land. The boundaries can be altered from time to time under the Act whenever a change of sufficient importance may take place. It would be only after the lapse of some years that newly-formed land would become of sufficient importance may take place . It would be only after the lapse of some years that newly-formed land would become of sufficient importance from a forest point of view to make it worthwhile to take it into a forest. In draft notifications under section 20 of the Act all boundaries which are liable to river action should in future be described in the manner here indicated. (This paragraph was added in 1893)
18. Disposal of Report. The report should be addressed to the Commissioner of the division , but it should be forwarded, unless the Collector is himself the forest settlement officer, through the Collector, who is required to add to it both his own opinion and that of the district forest officer. The Commissioner before forwarding the report to the Financial Commissioner, will proceed as directed in paragraph 5.
19. Disposal of final record - The Final record (paragraph 15) should not be forwarded to the commissioner, but should be deposited in the district record office at the same time as the final report is submitted. These records will be permanently preserved.
20. Preservation of flies. The files of claims (paragraph 7) will also be deposited in the district record office, and part A of these files should also preserved permanently.
21. Forest Settlement Officer should consider effect of reservation on usage’s and submit special proposals, if necessary. The preceding instructions relate to the necessary procedure prescribed under Chapter II of the Indian forest Act when it is proposed or resolved to constitute a reserved forest. In carrying out this procedure , a forest settlement officer must carefully limit himself to ascertaining setting and recording , settling and recording rights actually existing and providing for their exercise and enjoyment in the manner prescribed in the Act. But much more than this is required to enable the local Government to judge whether after the events mentioned in section 20 of the Act have occurred, it is. Or is not , expedient to issue a notification under that section declaring the area to be a reserved forest. The result of the procedure of the Forest Act, when rights have been recorded and maintained, is to impose great restrictions on their exercise and materially to alter the previous usage’s of the people . To such changes , as already observed, the people are slow to accommodate themselves , and it is therefore incumbent on the Government to satisfy itself as to the probable effect which the reservation of the area and its strict management as a reserve will have upon the requirements of the neighborhood and habits of the people. This can best be ascertained by the forest settlement officer in the course of his inquiries for the settlement of rights. If not ascertained and reported on by him, it would have to be separately Enquirer onto and reported on, by the Collector or other revenue officer, which would only cause delay and additional expense. In addition therefore to having his record of rights in strict accordance with the Act the forest settlement officer should in a separate proceedings, record his opinion on the above points . If , on regarding his work from this point of view , he is opinion that the Government ought to make certain concessions beyond what has been awarded under the strict letter of the law, it is his duty to frame recommendations accordingly and to submit them, either in a special report or as an appendix to his final report required by paragraph 16.
22. Two classes of recommendation usually made. The recommendation would usually deal with two classes of cases, viz, those arising out of (1) the use of forest produce permitted as a matter of ordinary convince in the absence of any strict management but not supported by any clear right established by adverse enjoyment ; and 92) the prospective wants of village communities or of individuals whether members of village communities or not.
23. Use of forest produce. A regard the first class, it is desirable to avoid on the one hand, embarrassment to Government by hastily granting unduly liberal concessions which must ultimately be withdrawn in the interest of should forest management ; and on the other hand serious popular discontent by the harsh , illiberal or undue restrictions of usage’s which contribute to the comfort and convenience of the adjacent population . The aim should usually be some executive arrangement giving no ground for any substantial grievance, and so carefully guarded as not to infringe the recognized principles of forest management , or to suggest claims that cannot legally be sustained.
24. Prospective want of neighborhood. The cases of the second class are amongst the most difficult of any which occur in the course of a forest settlement. While it has been determined that the Forest Act does not justify the forest settlement officer, and possible more numerous generation . It is nevertheless pointed out that he might have to take into account prospective wants in particular cases, as when a claimant had established a right of such a nature that it would probably in course of time entitle him to large benefits from a forest than he was entitled to at the time of settlement. It is to be expected that in practice many intermediate cases will arise in which the forest settlement officer will rightly entertain doubts as to what should be done under the Forest Act, and what by order of government outside the Act and by way of executive arrangement. It will be the safest plan to refer, by an intermediate report, for the special orders of Government (1) such doubtful cases (2) any cases in which the results of a strict adherence to the procedure of the Forest Act would apparently conflict with some local popular custom , and (3) any cases in which claims are advanced or arrangements seem advisable not only for the present, but the prospective population of any village or tract.
25. Reasonable requirements of people and desirability of executive orders to be considered. On receipt from a forest settlement officer of any intermediate or final report of the nature required by these instructions , the Collector (when not himself / the forest settlement officer) and the Commissioner of the division will pay special attention to the questions how far the awards under the Act adequately provide for the reasonable requirements of the people , and what , if any executive arrangements , beyond the scope of those awards , it would be expedient or equitable to make in order to meet those requirements.
26. Orders on special proposals to noticed in record and report. The orders passed by Government of special proposals submitted under paragraphs 21 to 25 should be briefly stated in the final – record ( See annexure), and, if passed before submission of the final report, should be recapitulated therein.
27. Procedure when reservation appears undesirable. If in any case a forest settlement officer in the course of his Enquires ascertains that difficulties and objections exist ,which render the completion of the reservation probably undesirable, he should stray proceedings and submit a report through the Collector. This report will be dealt with by the Commissioner in the same manner as directed in paragraph 5 for the original report.
28. Completion of records. The attention of Collectors is directed to 3 (vii) and 4 of the appended instructions concerning the record. The duty of Completing the record by the addition of a copy of the final notification an instructions of the nature contemplated in paragraph 21 to 27 have been issued by Government, which the forest settlement officer has not already incorporated into head (vii) of the proceeding it is duty of the Collector to add them.
Instructions as to the form and contents of final records prepared by Forest Settlement Officers for reserved forest.
The final record shall consist of map, a proceeding and a copy of the final notification issued under section 19 of the Act.
2. The map should not usually be on a smaller scale than 4 inches to the mile. It shall show distinctly boundary pillars, permanent survey mark sand physical features so far as may be convenient. The direct distance between each pair of boundary pillars shall wherever possible , be chained and recorded on the map. The map shall also distinguish by interior boundary lines and survey numbers.
(i) Areas surrounded by the forests, but excluded from them (chak khariji);
(ii) Areas from which rights have been expropriated or in which they have been maintained, or in which claims have been rejected in their entirely;
(iii) Public and private ways, water-courses , springs, and watering –places.
3. The proceedings shall contain the following information.
(i) It shall quote the number and date of the notification issued under section 4 of the Act, and give the contents of the notification, and the name of the forest settlement officer appointed thereunder.
(ii) It shall give a list of all areas (Chaks khariji) surrounded by the forest boundaries but excluded from the forest , thus :-
Number of map A Village to which it appertains
(iii) It shall give an abbreviated list of all claims rejected in entirely under sections 11 and 12 of the Forest Act, thus :-
|Area in which claimed|
|Description of Right claimed||Number on map||Area||By whom Claimed (name with description)||Shortabstract of order rejecting the claim|
|Area in which claimed|
|Description of right claimed||Number of map||Area||Persons expropriated(name with description)||Short abstract of award|
(v) It shall describe the rights to pasturage and rights to forest produce admitted by the forest settlement officer under section 12 of the Act , and the manner in which he has, under sections 14 and 15 directed that those rights shall be hereafter exercised, recording them in a schedule in the following form :-
|Area in which awarded|
|Names of description of personsto whom rights have been awarded||Number of map||Area||Nature of rights, with full detail of all matters covered by section 13 of the Act||Orders issued under section 14 of the Act for the future exercise of these rights|
(vi) It shall describe rights of way; public or private , and existing water-courses , also springs and watering places to which any persons have access, arranging them in the schedule thus :
|Area in which exercised|
|Nature of rights||Number of map||By whom, or how used|
And shall declare that these rights will in future be subject to regulation as provided in section 25 of the Forest Act.
(vii) A brief resume shall be given of any special report submitted to Government under paragraphs 21 to 25 of this appendix and of the orders passed thereon . This resume shall be in sufficient detail to guide both revenue and forest officials and also parties interested in these reports. Copies off the reports themselves should not be given to applicant; and any notice of opinions expressed by the reporting officers, but not approved by Government, should be excluded.
4. When the final notification issues a copy and translation thereof, shall be added to the record. This copy shall be endorsed with a report stating the date on which , and the villages in which translation has been published ,as required by section 21 of the Act.
5. The records shall be drawn up in the vernacular language used in land revenue proceedings, and the survey shall be made on the land measure used in the land revenue records of the district in which the forest is situate.
NOTE:- In the above instructions the words names, with description mean name, father’s name caste or tribe and residence. If the entry is in favour of a whole village, it may be so stated name of individuals being omitted.
(see paragraphs 783 and 784)
(1) RULES FOR THE LEASE OF WASTE LANDS IN THE PUNJAB (Sanctioned by Government of India letter No. 132-2, dated 20th April 1897.)
1.Areas in which leases may not be granted. Except, with the previous sanction of the local Government leases of waste lands owned by Government may not be granted in any tract of country included in any colonization scheme established for lands commanded by a Government canal or in any large tract of country for which there is a prospect of perennial canals being contracted by Government.
B – GENERAL RULES IN RESPECT OF SANCTION.
2. Lists of Government waste lands to be maintained. Lists of Government waste lands in each district shall be maintained by the Collector. The local Government will determine from time to tome which of these lands shall be deemed available for leasing and which of these again should be leased with a condition for acquiring occupancy rights , and which a condition for acquiring proprietary rights.
Where lists such as are contemplated in this rule, are not already in existence in any district . The financial Commissioner has directed that a register in English in the form below should be opened. Land acquired for public purposes, nazul lands and encamping grounds will be executed from this register.
|Name of estate||Whether consisting of whole or part or estate.||Area||Whether irrigable from a canal or not.||Annual Income||remarks|
|Year||income||Source of income|
Note :- Column 1. Observe that all demarcated rakhs are estates by Land Revenue Rule 31.
Column 5 :- This column will contain a continuos record of income.
Column 8. Note the purpose for which the land is useful. If the land is sold or granted away, note this.
8. Powers of sanction - Leases of waste land owned by Government not irrigable by a canal may be granted up to a limit of 75 acres by the Commissioner and 150 acres whether irrigable from a canal or not , by the Financial Commissioner, for a maximum period of 20 years in each case, provided the total area held on lease by single lessees does not exceed 75 and 150 acres, respectively . Proposals for the leasing of lands commanded by a Government canal should be accompanied by a report by an officer of the Irrigation Department regarding the extent to which water will be available. A lease of a larger area than 150 acres , or a lease which (if sanctioned would make the total area held on lease by a single lessee more than 150 acres . required the sanction of the local Government , and should only be recommended in special cases.
C- Procedure in dealing with applications for leases.
4. General procedure in cases of individual applications for leases. If an applicant is made to the Collector for the lease of any waste lands owned by Government , the Collector shall subject in every case to the provisions of rules 1-3, deal with the application in accordance with the instructions relating to the cultivation of such waste lands from time to time received by him from the Financial Commissioner.
5. Rejection of application. The Collector may reject the application at any stage of the proceedings if, with reference to those instructions or for other reasons , objections exist in his opinion to granting a lease of the land. If the Collector rejects an application, he shall record his reasons in writing.
6. Procedure if application is not rejected (I) If the collector entertains the application he shall, when necessary require the applicant to deposit the cost of demarcating surveying and mapping the land and cause the landto be demarcated, surveyed and mapped. He shall , at the same time publish a proclamationstating that the land has been applied for on lease, and that all claims and objection should be preferred within three months.
(ii) The proclamation shall be published in the vicinity of the land applied for on lease and after it has been so published, a copy shall also be posted at the Collector’s office and at the office of the tahsil in which the land is situate.
7. Report by Collector for grant of lease. If no claims or objections are preferred within three months of the posting of the proclamation at the Collector’s office, or in theevent of any claim or objection being preferred, then after the proceedings contemplated by Act XXIII of 1863 have been concluded, the collector may prepare a report giving particulars of the land which it is proposed to lease and the terms on which he proposes thatit shall be leased and may submit the same for the orders of the authority who under these rules, is empowered to sanction the lease. The report shall be drawn up, as far as may be in the form annexed to these rules.
8. Consideration in defining area to be leased. In determining the area proposed to be leased, the Collector shall see that it forms a compact block so as not the detract from the value of the surrounding land. And, in case the area be bounded on one side by a canal , river or public road, the block shall ordinarily be so formed that the length of canal river or road frontage shall not exceed one-half of the depth of the block.
9. Term of lease. IN the absence of special ordersfixing the term for any case or class or cases , the term of lease applied for under rule 4 shall be fixed with reference to the purpose to which the land is to be applied, the time and capital requiredto bring it undercultivation and other like considerations, but shall notexceed twenty years, except with the sanction of the revenue authority who immediately controls the officers sanctioning the lease.
10.(1) Assessment of land revenue. Inthe absence of special instructions issued by the Financial Commissioner with the sanction of the local Government for lands of the class to which the area applied for belongs, in fixing the charges payable in the case of a lease applied for under rule 4, the land revenue shall be assessed with due regard(a)to the revenue rates assessed on similar land at the last settlement of the district and (b) the present renting value for cultivation and grazing of similar land in adjacent estates. Care should , however, be taken that the land revenue imposed on such land does not raise thetotal assessment of the circle in which it is situatedto more than one-fourth of the net assets of the circle. If the land forms part of an estate and is not excluded from the provisions of section 51(3) by section 51(4)of Punjab Land Revenue Act, 1887, this object can in most cases be secured for all practical purposes by providing that the average rate of incidnece of such land does not exceed the average rate of the estate in which it is included. Any case in which this is not suitable, as for example of specially valuable land, should be referred for orders. If , however, the land consists of a fresh estate , the rate of incidence of the assessment imposed thereon should into be such as to raise the existing average rateof incidence of the assessment circle beyond the limit prescribed in section 51(3) . In applying this rule, so much or the area to be leased shall be treated as cultivated as the lessee may fairly be expected to bring under cultivation within the term of the lease.
(2) Malikana ordinarily to be calculated on market value. To this assessment of land revenue there shall be added as proprietary due or malikana a sum which shall ordinarily be calculated with reference to the market valueof the land in its wastecondition , (Subject to land revenue and cessess). The malikana so fixed shall be four percent of thatmarket value unless the Financial Commissioner for special reasons to be stated, considers that a lower rate of malikana should be fixed.
(3) Malikana to be based on land revenue and rent in other cases. Ifthe market value of the land or of similar land in adjacent estates is not ascertainable or approximately ascertainable the malikana shall be sum basedon the difference betweenthe land revenueassessment and the renting value as ascertained under clause (1) , but which shall not ordinarily be less thanhalf the land revenue assessment. IF any case it is proposed to fix a rate or proprietary due less than one-halfof the land revenue assessment,the case shall be reported to the FinancialCommissioner for sanction, and the Financial Commissioner may , for reasons to be stated, reduce the malikana to a sum not lower than one-fourthof the land revenue assessment.
(4) Considerations in fixing land revenue and proprietary due. In fixing the assessment of land revenue and malikana in the manner above prescribed, regard shall be had to the improvements necessary to bring the land into cultivation and to the time necessary for the execution of those improvements; and the authority by whom the lease is sanctioned may in view of these considerations, exempt the lease for a portion of the term of the lease from payment of the whole or part of the land revenue or malikana or both assessed under this rule.
11. Orders on Collector’s report.On receipt of the report of the Collector by the authority who under these rules is empowered to sanctionthe lease, that authority shall subject to the provisions of these rules and to any instructions issued by the Financial Commissioner in respect of any caseor class of cases –pass such order in respect of the refusal or sanctioning the lease and in the event of his sanctioning theleasein respect ofthe area, term , assessment and other conditions of the lease, as he shall think fit.
D-RULES AND CONDITIONS APPLICABLE TO ALL LEASES.
12. Execution of dead of lease and giving possession. When a lease has been sanctioned by the authority appointed by these rules in that behalf , the Collector shall execute and cause to be executed a lease in form A attached to these rules, provided that, if Act V of 1912 has been extended to an area in which leases are being granted ,the provisions of that Act shall be followed.
Possession of the land shall not be given to the applicant until the lease has been executed or until the provisions of section 4 , Act V of 1912 have been complied with, as the case may be.
13. Rates and cesses. A lessee shall in every case convent with Government to pay all rates and cesses chargeable on the land ; and also all charges (other than penalties), at any time livable under chapter VIII of the Punjab Land Revenue Act, 1887, in respect of the land leased to him. He shall also convenient to pay the priceas determined in the manner hereinafterlaid down , of the timber and brushwood on the leases area.
Explanation:- The words “rates” and “cesses” in this rule have the same meaning as in the Punjab Land Revenue Act, 1887.
14. Failure to take possession.If within six months of the execution of the lease having been communicated to the applicant he fails to take possession of the land , or if at any time he fails to comply with any of the conditions ofthe lease the Collector may cancel the lease and shall report the fact to the officer by whom the leasewas sanctioned.
15. Reservation of certain rights of Government and settlement of disputes.(I) There shall be reserved in every lease the right of Government over all rivers and streams , and the rightsof the public to use existing thoroughfares traversing the grant. There shall also be reserved in every lease all mines, minerals , Coals, gold-washings, earth-oil and quarries in or under the land leased, together withthe rightof entering on the said land and doing all acts and things that may be necessary or expedient for the purpose of searching for , working , getting or carrying away any suchmines, minerals coals , gold-washings and quarries.
(ii) The Government on its part will in every case, convent with the lessee to make reasonable compensation to him for all damage occasioned by the exercise of the said rights.
(iii) And the lessee on his part shall convenient with Government that , in case of a dispute arising between the lessee and Government as to the property and rights hereby reserved, or any matter incidental or in any way relating thereto, or as to any compensation as aforesaid , the decision thereon , in each case, of the officer empowered by these rules to sanction the lease of the land shall be considered final and binding on both parties.
16.Trees and brushwood. (I) where trees or brushwood are found on land proposed for lease under these rules, the collector shall estimate the value of such trees or brushwood. In estimating the net value the Collector shall into take account of the prices which the lessee will probably be able to realize and of the probable facilities for sale and shall also make due allowance for expenses , waste and other losses likelyto be incurred in the cutting , removal and sale of the said produce. If the Collector funds that the value which the lessee could obtain for the timber or brushwood would only equal or be less than , the cost of cutting or removal nothing shall be charged for it.
(ii) The Collector shall record the grounds of this estimate and the amount thereof in a proceeding; and in the same proceeding either require the lessee to pay the amount before entering into possessions or fix the installments and dates in and on which the lessee shall pay the same.
(iii) In cases in which these installments extend over a longer period than twelve months from the date of entry, the proportion of the produce actually removed by the lessee in any given year shall not exceed the proportion of the value payable within that year, and in the event of the lessee’s removing in any year a larger proportion, the entire outstanding proportion of the amount of the estimate shall at once become due.
17.Rights of lessee in the land leased. A lessee shall be entitled to sink wells, make water courses, plant trees, build housesand otherwise improve the land ; and subject to the due fulfillment by him of the conditions and liabilities of the lease and to provisions of rules 15 and 16 shall be entitled to all the products of the land, but except with the sanction of the local Government previously obtained no lease of waste land shall authorize the lessee to construct a private canal for the irrigation, either of the land leased to him or of any otherland. In granting any sanction in cases falling under this clause, the local Government may attach to its sanction such other special terms and conditions in respect of the constructions and maintenance of a canal and irrigation from a canal as it shall think fit.
17-A. Loyalty and good conduct. The lessee shall be bound to be and to remain at all times of loyal behavior and to render active support to the Government and its officers in any time of trouble or disorder. The decision of the local Government whether this condition has been violated by the lessee shall be final , and if the local Government is of opinion that the lessee has committed a breach of this condition, it may resume the grant or any portion thereof, either temporarily or permanently, and such resumption shall not affect any other penalty to which the lessee may be liable under these conditions or otherwise.
For leases carrying a promise of occupancy rights on fulfillment of Certain conditions
18.Acquisition of occupancy rights. If at the expiration of five years from the date of the lease the lessee has regularly paid all sums due to Government under the provisions of the lease, has fulfilled the other conditions of the tenancy and has brought under cultivation one –half of the culturable area held on lease , a rightof occupancyof the nature of the subject to the conditions attaching to a right of occupancy established under section 8 of the Punjab Tenancy Act mayon the payment of the Nazarene (if any) fixed by the lease, be conferred on the lessee by an endorsement by the Collector to that effect on the lease.
For lease carrying a promise of proprietary right on fulfillment of certain conditions
19. Purchase of proprietary right. (I) The lessee may purchase the proprietary right of the land at any time during the currency of the lease at the full marked price of the land to be fixed by the Deputy Commissioner, subject to the same sanction to which the grant of the lease was subject.
(ii) The lessee may pay the sum so determined, either in a lump sum or by such installments, extending over a period of not more than five years, as the authority sanctioning the sale may fix. When the whole of the purchase money has not been paid previous to the delivery to the purchaser of the deed of conveyance, the purchaser shall execute a deed of mortgage to secure payment within five years of the unpaid balance with or without interest as the authority sanctioning the sale may determine . The deed of conveyance shall be in form B and the deed of mortgage in form C attached to these rules. They shall both be registered, and the deed of mortgage shall be stamped at the purchaser’s expense, and both shall remain in the possession in the Deputy Commissioner until the whole of the purchase money , with the interest due thereon , if any shall have been paid, when the deed of conveyance shall be made over to the purchaser or his heirs or assigns, the mortgage deed having first been cancelled by the Deputy Commissioner.
(iii) Should the local Government consider that for special reasons the sum payable should be reduced, it may reduce it to such an amount as it thinks fit.
20.Procedure on expiry of lease.(I) On the expiry of the lease (if neither proprietary nor occupancy rights have been acquired by the lessee), Government may resume the whole of the land or any portion of it.
(ii) Failing such resumption ,the lessee shall be entitled to a renewal of the lease for such term and on such conditions as to the amount of land revenue and rent or malikana and other charges to be paid by him as the authority who sanctioned the lease may , subject to the provisions of section 68 of the Punjab Tenancy Act, then determine.
(iii) In fixing these terms and conditions, the sanctioning authority shall be guided by the rules for the lease of waste lands for the time being in force, so far as these rules can be made applicable.
20.-A. Power to sanction alienation by lessees. The power of the local Government to sanction alienation’s by the lessee of State lands has been delegated to the Financial Commissioner, in all leases where it is a condition of the lease that alienation should not be made without the sanction of Government . In cases in which the transfer is a bonafide attempt to arrange for the cultivation of the land without lessee himself giving up his position as cultivator or manager , the power delegated to the Financial Commissioner may be exercised by Commissioners of divisions.
3. Readjustment of rent. If the lessee has acquired occupancy rights during the currency of the lease on the expiration of the term of the lease originally given , the amount of rent including land revenue and malikana and the other charges to be paid byhim , will be readjustment in the manner provided by rule 20 , provided that the rate of malikana shall in no case exceed 12 annas per rupee of the amount of land revenue.
4. Compensations to lessee in certain cases. Should the lease be determined under provisions of rule 20 , the lessee shall be entitled to receive compensation in accordance with the provisions of the Punjab Tenancy Act from Government for any improvements made by him in the said land.
5. Appeal and review of orders. All orders passed by revenue officer under these rules shall be subject to review and revision by the authorities which would review or revise his orders under the Punjab Land Revenue Act 1887.
6. Saving of operation of rules in certain cases. Nothing in these rules shall be held to prohibit the local Government from authorizing by general or special orders the lease of the grazing of waste land or the lease to tenants at will of the right to cultivate plots of cultivable land in blocks of waste land for a single harvest only.
Nothing in these rules shall be held to affect the power of the local Government to make rules for the granting of leases of plots of land along the sides of roads not exceeding ten acres in area for the purpose of providing roadside groves for the convenience and comfort of travelers.
Nothing in these rules shall be taken or understood to interfere with or anywise affect, the rights of Government under the Land Acquisition Act, 1 of 1894.
From of report on an application for a lease of Government waste land under rule 7 of the rules for the lease of waste lands in the Punjab.
1. Districts and tahsil in which the land is situate
2. Area and description of the land applied for.
3. Present income from the land
4. Facilities for irrigation , existing or proposed.
5. Name and description of applicant, with date of his application.
6. Proposed terms of lease, distinguishing.
(a) nature of lease, where to carry a promise of proprietary rights or of occupancy rights or lease for the purpose of planting and maintaining roadside plantations;
(c) annual payment;
(d) disposal of existing timber;
(e) other matters;
7. Recommendations and orders of the Collector and revenue officers of higher classes to be entered consecutively by each officer who deals with the application.
“A lease made by Governor of the Punjab (hereinafter called Government) of the one part to _____________________”;and
son _____________________resident of village __________________parties Tahsil
___________in the _________District of the Punjab(hereinafter called the tenant)of
the other part :
IN PURSUANCE of the orders contained in letter No. _______dated the ____recital Form the _____________to the ______________ .
WHEREAS the tenant has paid to Government :-
(i) the sum of _____________ rupees on account of trees and brushwood;
NOW THIS DEED WITNESSETH as follows :-
Terms of the Lease
1. Area leased. Government hereby demises to the tenant all that plot of land, containing ____________acres more or less, more particularly described in the schedule hereto and delineated and coloured _______________in the plan hereunto annexed, subject to the exceptions and reservations and on the terms and conditions hereinafter appearing.
2. Purpose of the lease. (a) The land is leased for purposes of agriculture only.
(b). The lessee may take to himself all natural products growing on the surface of the land, excluding/including trees and brushwood, subject to the payments and conditions hereinafter mentioned.
(a)The lessee may construct such water – courses, temporary buildings or similar improvements as may be necessary for the purpose of cultivating the land as hereinprovided, subject to the conditions hereinafter provided and to the condition that no claim shall be made against the Government for improvements of any kind , except as hereinafter specifically provided.
3. Period of the lease . The period of the lease shall be for ___years , and shall be deemed to have commenced with effect from the Rabi / kharif season of ______
4. (1) The tenant shall pay a yearly rent of ______rupees in two equal half –yearly installments of ___________________rupees each.
(1)Out of each installment a sum of ____________ rupees shall be paid in advance during working hours at the nearest treasury or at such other place as the Collector may appoint on the ________________Day of and the ___________day of ____________during each year and the rest as provided hereunder.
Rent and other payments. (3) The balance of each installment, amounting to _________ rupees, shall be paid in the manner provided for the payment of land revenue and the teant shall in addition to the rent reserved above pay to Government or as the Collector may direct a sum equivalent to all rates, cesses and other periodical charges which would have been payable by the owner of the land if it had been assessed to land revenue at this rate.
(2) The tenant shall further pay all other rates, cesses, taxes, charges and other out going which are or may become payable by the owner of the land or occupier thereof.
(3) The tenant shall further pay on account of the trees and brushwood now standing on the land and described in the schedule hereto a sum of __________rupee’s , to paid strike out whichever is inapplicable) :-
(1) before entry
(2)in the installments herein stated namely :-
on the day of Rs.
On the day of Rs.
Provided that the value of the trees brushwood actually removed by the tenant in each year shall not exceed the following proportions namely :-
In the year
In the year
And In the year
Of the whole value of the wood and brushwood now existing on the said lands, and if the tenant removes in any year a larger proportion of the wood and brushwood on the said lands then as above stated, the whole amount then outstanding on account of the sum of rupees shall at once become due.
Exceptions and reservations on behalf of Government
5. Mines and Minerals. Government does not demise but excepts and reserves to itself al mines minerals and quarries of whatsoever nature existing on, over or below the surface of the land with liberty to search for, work and remove the same , in as full and ample manner as if this lease had not been made.
6. Rivers , water courses and roads. Government does not demise but excepts and reserves to itself all rivers and streams with their beds and banks all water courses and drainage channels and all public thoroughfares now existing on the land or shown as proposed for construction in the plan annexed.
7. Construction and alteration of roads and water –courses . Government reserves the right to create a public right of way not exceeding three karams in width across the land whenever this may be considered desirable in the public interest by the Collector, without paying any compensation.
8. Re-entry for the exercise and protection of rights reserved. For the full discovery enjoyment and use of the rights hereby reserved, or for the protection and maintenance of any property hereby excluded, it shall be lawful for government through its authorized agents or for any officer of the Crown to enter upon the land and make such used thereof as may be necessary for these purposes without making any compensation to the tenant for such use and occupation except as may be provided hereunder.
Obligations of The Tenant.
9.The tenant hereby convenience with Government as follows :-
Payment of rent etc. : (1) To pay to or on behalf of Government the rent and any other payments which may become due under this lease at the proper time and place and in such manners may be prescribed by law or by the order of any competent authority .
Use of Land. (2) To use the whole or any part of the land for no purpose other than that of agriculture , and not to use it in any way likely to lessen its value.
Boundary marks. (3) At his own cost, when so required by the Collector , to erect permanent marks on the lands hereby leased, demarcating correctly the boundaries and limits thereof, and at all times to maintain the same in good repair in accordance with any directions from time to time issued in that behalf by the Collector.
Against injury and interference. (4) Not to do or suffer to be done any act inconsistent with or injurious to any of the rights excepted and reserved to Government.
Entry. (5) To permit without let or hindrance all officers or servants of the Crown or other persons duly authorized by Government in this behalf to enter the land at all times and do all acts and things necessary for or incidental to ---
(a)The purpose of enforcing compliance with any of the terms of this lease , or of ascertaining whether these have been duly performed or observed or,
(b)Any purpose connected with the full enjoyment discovery and use of the mineral or otherrights hereinafter reserved to Government without claim to compensation whether by reduction of rent of otherwise except as hereinafter specifically provided.
(c)Public rights etc. (6) Not to interfere with lawful used by the public of any thoroughfareon the land or with the exercise by any third person of any existing rights and easements now existing thereon or which the tenant thereon is bound by the terms of this lease to create or allow.
Private canal. (7) Not to construct a private canal for the irrigation of the land demised or of any other land , without the permission of Government in writing first obtained in granting which sanction Government may impose such terms and conditions in respect of the construction and maintenance of the canal and. Or irrigation therefrom as it may deem fit.
Surrender for public purpose. If the land or any portion thereof is required for any public purpose, to surrender the whole or so much of the land as may be required on demand by the Collector, without claiming compensation except as provided hereunder ,and subject only to a proportionate remission of rent.
Restriction on assignment.(9) Not to assign , sublet or transfer by mortgage or otherwise or part with land or any part thereof, except to cultivators holding directly under him who will cultivate the land in a proper manner, without the permission of Government first obtained.
Cost of Survey Etc., (10) To pay such towards the cost of following works as the Collectors acting under the general or special orders of Government may determine whether the cost has already been incurred at the time of the grant or may be incurred thereafter –
(a)the survey and demarcation of the land;
(b)The construction of any water – courseon the estate in which the land situated and from which a supply of water is available for the land;
(c)The construction of any roads , paths, culverts or bridges necessary for the general convenience of the estate in which the land is situated; and
(d)The maintenance and repairof any such roads, paths, culverts or bridges.
Peaceful surrender. (11) At the end or sooner termination of lease, to leave the land and surrender it peaceably to the collector, and during the concluding season of the lease that is the season of kharif / Rabi 19, not to sow any Rabi / kharif it crop.
Loyalty . (12) To remain at all times of loyal behavior and in any time of trouble or disorder to render active support to the Crown and its officers, and to accept the decisions of Government as to whether this convenient has been fulfilled or not.
(13)To render all such assistance in the prevention or discovery of crime as is incumbent on the owner or the occupier of land by any law or rule for the time being in force in the Punjab ,and to be responsible in the same manner as headmen, a watchmen or other inhabitants of villages are under any tract law for the time being in force in the Punjab.
[Sub –clauses(14) to (18) shall only apply if the area of the demised land is 125 acres or more and the lease is for 10 years of longer.] (14) Within 6 calendar months next after the date of these presents at his own cost to erect and finish fit for use on on the land hereby demised or elsewhere as near to the land as possible , houses for the use of sub – tenants and dependents in accordance with a plan or plans to be approved in writing by the Collector and not erect or suffer to be erected on the demised land any building or permanent structure other than and except the said houses and buildings for agricultural purposes and to comply with all such directions as the Collector may issue from time to time as regards the construction of boundary marks and keep the same when erected in good repair and order.
Re-entry.(15) Not to make any alteration in the plan or –elevation of the said houses without such consent as aforesaid in order to use the same or permit the same to be used for any purpose other than that of houses for sub – tenants and dependents.
10. In any of the following events :-
Government may at any time thereafter re-enter upon the land and determine this demise, in which case the tenant shall make all the payments due under these presents for the current season, provided that such termination of the tenancy shall not prejudice any right of action or remedy of Government in respect of any antecedent breach of this agreement by the tenant.
11. Compensation. No compensation shall be payable by Government to the tenant in respect of the exercise of any of the rights reserved in this lease or on the termination of the tenancy, except as provided hereunder :-
12. Stamping and registration . The lessee shall purchase the stamp and within four months from the date of execution shall present this instrument for registration at his own cost failing which, without prejudice to Government ‘s rights otherwise , such failure shall be regarded as a breach of the conditions thereof and the Collector shall be entitled to rescind and cancel the same without any compensation whatsoever.
13. Arbitration (1) IF any question , doubt or objection shall arise in any way connected with or arising out of these presents or the meanings or operation of any part , thereof or the rights duties or obligations of either party , then save in so far as the decision of any such matter has been hereinbefore , provided for and has been so decided ,every such mater shall be referred to the arbitration of the Commissioner, including the following questions :-
Interpretation (2) The decision of the Commissioner shall be final and binding and when any of the matters above mentioned involves a claim for or the payment, recovery or reduction of money only the amount so decided shall be recoverable in respect thereof.
14. In these presents unless context otherwise requires :-
IN WITNESS Whereof the parties have hereto set their hands on the dates hereinafter in each case specified.
THE SCHEDULE ABOVE MENTIONED
Description and boundaries of the land
An area of _____________acres ______________roods _______poles(equal to –ghumaons_____________ kanals ____________________marlas).
Situated in the (mauza /the town of) Tehsil ______________District________
Shown in the (Revenue records / records of the local authority) as no. ______
And bounded as follows :-
On the north by ;
On the east by ;
On the south by ;
On the west by ;
THE PLAN (Note – The following alterations and additons made to the above lease in the circumstances specified below:-
If it is proposed tosell trees and brushwood existing on the land –
For clause 1(2)(b) substitute the following :-
“(b) The tenant may take to himself all the natural products growing on the surface of the land including trees and brushwood, subject to the terms and conditions hereinafter mentioned”.
Add the following to 1(4)
“(c) The tenant will also pay on account of (as in the present clause 5 on page 365))
Signed for an on behalf of the Governor of the Punjab by ___________officer of __________ acting under Officer the orders of the Governor of the Punjab, in the presence of __________________(address) ___________description) on the _______day of _______________in witness the year one thousand nine hundred and _______________
Singed by the said ________________ in the presence of ___________(address)
_______________(description) on the __________Day of _____in the year one thousand nine hundred and ____________________
“References to the colonization of Government Lands(Punjab) Act , 1912 wherever they occur in this form should be omitted when grants are made of land to which this Act has not been applied.”
IN PURSUANCE OF the conditions contained in Punjab (Notification/Letter) Government _____________No. ______________dated.
WHEREAS the land hereinafter mentioned vests in the Crown for the purposes of the Government of the Punjab , which is authorized to dispose of the said land by the provisions of section 175 of the Government of India Act, 1935.
AND The grantee has paid a sum of ________________rupees to Government.
NOW THIS GRANT WITNESSETH as follows :-
Grant. (1) Government on behalf of the Crown as beneficial owner grants unto the grantee ALL that plot of land , containing ___________acres more or less, and more particularly described in the schedule hereto, and delineated in colour ___________
In the plan annexed, TO HOLD the same in proprietary right subject to the exception and reservations and on the terms and conditions hereinafter appearing.
Exceptions and reservations on behalf of Government
Mines and minerals. 3. Government does not grant but excepts and reserves to itself in full proprietary right all mines, minerals and quarries of whatsoever nature existing, on over below the surface of the land with liberty to search for, work and remove the same in as full and ample manner as if this grant had not been made.
Rivers , water –courses and roads. 4. Government does not grant but excepts and reserves to itself all rivers and streams , with their beds and banks all water courses and drainage channels and all public thoroughfares now existing on the land or shown as proposed for construction in the plan annexed.
Construction alteration of water-courses. 5 Government reserves the right :-
Without any liability to pay compensation except as provided hereunder.
Re-entry for the exercise and protection of rights reserved. 6 For the full discovery enjoyment and use of the rights hereby reserved or for the protection and maintenance of any property hereby excluded, it shall be lawful for Government through its authorized agents or for any officer of the Crown to enter upon the land and made such use thereof as may be necessary for these purposes without making any compensation to the grantee for such use and occupation except as may be provided hereunder.
Obligations of the grantee
Land revenue and other payments. - The grantee hereby covenants with Governments as follows:-
(a) To pay promptly the land revenue and all rates cesses, charges and outgoing to which the land be from time to time assessed.
(b) Against injury . Not to do suffer to be done any act inconsistent with or injurious to any of the rights except and reserved to Government.
(c) Entry. To permit without let or hindrance all officers or servants of the Crown and all other persons duly authorized by Government in that behalf to enter the land at all times and to do all acts and things necessary for or incidental to –
(h) the purpose of enforcing compliance with any of the terms and conditions of this grant or of ascertaining whether they have been duly performed or observed or
(iii) any purpose connected with the full enjoyment discovery and use of the rights hereby reserved to Government.
(d) Public rights and easements. Not to interfere with the lawful use by the public of any thoroughfare on the land or with the exercise by any third person of any rights and easements now existing thereon or which the grantee is bound by the terms of this grant to create or allow.
(e) Boundary marks. At his own cost, when so required by the Collector , to erect permanent marks on the land demarcating correctly the boundaries and limits thereof, and at all times to maintain the same in good repair in accordance with any directions from time to time issued by the Collector.
(f) Construction of water –courses. Not to construct or alter any canal water – courses or drainage channel upon the land without the permission of the Canal Officer.
(g) Resumption. If the land is resumed under the terms of this grant to leave the land as soon as the grant is terminated and surrender it peaceably to the collector and if so required by the Collector, to pull down and remove any structure existing thereon, and deliver up the land in a level state as in its former condition.
(h) Surrender for public purpose. If the land or any portion thereof is required for any public purpose to surrender the whole or so much of the land as may be required on demand by the Collector, without claiming compensation except as provided hereunder.
(i) Loyalty. Remain at all times of loyal behavior and at any time of trouble to render active support to the Crown and its officers, and to accept the decision of Government as to whether this convenient has been fulfilled or not.
(j) To pay such amount towards the cost of the following works at the Collector or the Canal Officer, acting under the general or special order of the Government may determine whether the cost has already been incurred at the time of the grant or may be incurred thereafter :-
(i) Cost of survey, etc. The survey and demarcation of the land;
(iii) The construction of any roads ,paths , culverts or bridges necessary for the generalconvenience of the estate in which the land is situated; and
(iv) The maintenanceand repair of any such roads, paths , culverts or bridges,
(v) Not to use the land for any purposeother than that for which it is granted and not to permit or suffer such usage.”
8.(a) Application of the Colony Act (to be omitted for sales of land to which this Act has not been applied). This grant is subject to the provisions of the Colonization of Government Lands (Punjab) Act, 1912, so far as they are applicable thereto.
(c)The grantee shall be deemed to be a tenant of such land unless and until he has fulfilled the terms and conditions of this grant.
9.Resumption. Ifthe grantee fails to perform or commits any breach of any of the terms or conditions of this grant, or suffers or permits such a breach or non-performance, the Collector may at any time thereafter determine the grant and resume possession of the land and may pull down any structure existing thereon and may sell the materials thereof and retain the proceeds of the sale, whether these rights may have been waived in respect of any earlier default or not without prejudice to any other right or claim.
10.(To be omitted for sales of land to which this Act has not been applied). (I) (Except as provided in section 25 of the Act) no compensation shall be payable by Government in respect of the exercise of any rights reserved or conferred by the terms of this grant, except as provided hereunder :-
(a)Compensation. For actual damage or occupation arising out of the exercise of rights other than those relating to the construction of water-courses , such compensation may be determined by the Collector;
(b)For damage caused to standing crops in exercise of the rights relating to water courses, such compensation as may be determined by the Canal Officer;
(c)On resumption of the whole or any portion of the land otherwise than on exchange or for breach of conditions, a proportionate reduction of the rent or a proportionate refund of the purchase price, if any paid and such additional sum if any, as may be determined by the Collector in accordance with the general principles applicable to the acquisition of land for public Purposes.
(ii) When any claim for compensation arises, the officer assessing the amount of the compensation shall give the grantee an opportunity of being heard; and when the amount to be determined by the Collector , he shall act under the control of the Financial Commissioner , Punjab.
(iii)When any sumbecomes due to the grantee by way of compensation any moneys due to Government shall be deducted therefrom;and if Government has any unsettled claim against the grantee, the sum due may be withheld until the claim is settled.
11.Stamping and registration. The grantee shall purchase the stamp and within four months from the date of execution , shall present this instrument for registration at his own cost failing which, without prejudice to Government’s rights otherwise, such failure shall beregarded as a breach of the conditions thereof.
12.(I) If any question or difference whatsoever shall at any time hereafter arise between Governmentand the grantee in any way touching or concerningthis grant , or the construction meaning operation or effect thereofor of any clause herein contained, or as to the rights duties or liabilities of either party under or by virtueof this grant, or touching the subject matter of this grant, or arisingout or in relation thereto, then save in so far as the decision of any suchmatterhas been hereinbeforeprovided for and has been so decided, the matter in difference shall bereferredto the arbitration of the Commissioner, who shall have power to decide anymatter so referred , including the following questions :-
(a)Arbitration. Whether any other provision has been made in these presents for the decision of any matter and if such provision has been made, whether it has been finally decided accordingly and,
(b)Whether the grant should be terminated or has been rightly terminated and what are or will be the rights and obligations of the parties as the result of such termination.
(II) The decision of the arbitrator shall be final and binding and when any matter so referred to arbitration involves a claim for the award increase of reduction of a sum of money by way of compensation or any other payment or recovery of money, only the amount decided by the arbitrator shall be recoverable in respect of the dispute so referred.
13. In these conditions, unless there is anything repugnant in the context.
[(a)(to be omitted for sales of land to which this Act has not been applied).
“the Act” means the Colonization of Government Lands (Punjab) Act, 1912, as in force for the time being;]
(b). “the Canal Officer” means the appropriate officer of the Irrigation Branch of the Public works Department, Punjab;
(c)“the Collector “ and “the Commissioner means the Collector and the commissioner for the time being of the district of division in which the land is situated and include any other person duly authorized by general or special order to exercise the powers of a Collector or Commissioner in respect of conditions governing the grant;
(d)“the Government “ and “the grantee” include their successors in title respectively ; all rights hereby conferred and obligations hereby imposed shall be available for and bind their successors in title as the case may require; and when the term “the grantee” includes co-sharers , any liability of each co-sharer;
(e)“the land” means the land which is the subject of this grant and includes all rights , easements and appurtenances thereto belonging or pertaining; and
(f)“minerals “ include all substances of a mineral nature which can be won from the earth, such as coal, earth oil, gold –washings, stones and forms of soil which can be used for a profitable purpose or removal.
THE SCHEDULE above mentioned.
Description and boundaries of the land
An area of _________ghumaons ______________kanals ________________
Situated in (mauza/the) town of tahsil _____________district _______________
Shown in the revenue(records/records) of the local authority as no :-
And bounded as follows :-
On the north by :
On the east by :
On the south by :
On the west by :
Signature of expectants and witnesses. Signed for and on behalf of the Governor of the Punjab by ________________officer of _____________acting under the orders of the Governor of the Punjab in the presence of ____________(address)___________ description) on the _____________day of _____________in the year one thousand nine hundred and _______________________
Signed by the said ___________in the presence of ____________address) ___________ (description) on the _______________Day of in the year one thousand nine hundred and __________
Note :- If there is no canal omit references to Canal Officer and water –courses.
Instructions to officers preparing conveyances of proprietary rights.
1. If the conveyance is to be made in favour of a body of persons, reference should be made to the instructions circulated with the Home Secretary’s letter No. 1289-J , dated the 17th March , 1938.
2. No conveyance is to be drawn up until the last installment has been paid.
3. The total of the installments should then be entered in words, and not in figures , in the rectal of the deed.
4. Two copies of the deed should be prepared and both should be signed by the grantee as well as by the Collector ; it is not sufficient to keep an office copy,
5. The Collector should see that the copy put up by the grantee is properly stamped before he signs it, and should refuse to sign any deed which is not so stamped.
6. Before the deed is executed ,a special assessment of land revenue should be made under Section 59 of the Land Revenue Act, 1887.
7. Only after the deed has been properly executed , should any change in the revenue records be allowed.
8. No entry of proprietary rights should be made in the revenue records without an addition stating that these rights are subject to the relevant statement of conditions issued by Government.
Parties. A GRANT made by the Governor of the Punjab (hereinafter called Government ) of the one part to ______________son of _____________resident of _____________tahsil_________________in the District of the Punjab (hereinafter called the grantee) or the other part.
Recital In pursuance of letter No. _________________dated the ___________from
The Deputy Secretary to Government, Punjab Development Department to the address of the Commissioner, ____________division.
Whereas the grantee has offered to purchase the Crown land vested in the Governor of the Punjab for the Purposes of that Province and hereinafter described in Schedule “A” and delineated in the plan attached hereto in __________colour and his offer has been accepted.
AND WHEREAS the grantee has paid to Government at the time of the execution of this agreement the sum of______________________ rupees as first installment of the price of the land.
NOW THIS GRANT WITNESSETH as follows :-
1.(a) Area granted. Government hereby grants to the grantee all that plot of land containing _______________________Acres more or less and more particularly described in Schedule “A” hereto and delineated in the plan and coloured with _________colour therein , attached hereto , subject to the exceptions and reservations and on the terms and conditions hereinafter appearing.
(c)(I) Purpose of the grant. The land is granted for the purposes solely of agriculture .
(ii) The grantee may take to himself all natural products growing on the surface of the land including trees and brushwood, subject to the payments and conditions hereinafter mentioned.
(iii) The grantee shall pay to the Government, within six months from the date of the allotment of the land, the value of the trees and brushwood existing on the land at the commencement of the grant as determined by the Government;
Provided that any tree not cut before the determination of the grant and any tree cut but still lying on the land when the grant is determined shall be the property of the Crown and that one tree at least shall be left standing in each acre of the land.
(iv)the grantee may construct such water –courses temporary buildings or similar improvements as may be necessary for the purpose of cultivating the land.
(d)Period of the grant. The grant shall be deemed to have commenced on the ___________________and to have concluded on the day the deed of conveyancereferred to in clause 4(e) is registered unless the grant is sooner determined in accordance with the provisions hereinafter appearing.
(d)Price and interest. The price of the land shall be _____________rupees . The first installment of price has already been paid and the balance of the price shall be paid by the grantee to Government in ____________installments on the _______________Day of _____________________in each year with interest on unpaid balances at the rate of __________________per cent per annum , the second installment or price and interest being payable on the of ______________ ; provided , however that if any of the said installments are not paid on the due dates then such installments shall bear interest during the periods of such default at the rate of __________________per cent per annum instead of percent per annum. The last installment of price and interest shall be paid on the ______________ .
(e)The grantee shall pay land revenue demand, or rent, for the time being assessed on the land and all general taxes local taxes and cesses to which revenue paying lands are liable.
Exceptions and reservations on behalf of Government
2. (a) Mines and Minerals. Government does not grant but excepts and reserves to itself in full proprietary right all mines minerals and quarries of whatever nature existing on over or below the surface of thel and with liberty to search for, work and remove the same, in as full and ample manner as if this grant had not been made.
(b). Rivers , water-courses and roads. Government does not grant but excepts and reserves to itself all rivers and streams with their beds and banks, all water –courses and drainage channels and all public thoroughfares now existing on the land or shown as proposed for construction in the plan annexed.
(c). Construction and alteration of paths and water-courses. Government reserves the right :-
(j) To create a public right of way not exceeding three karams in width across the land whenever this may be considered desirable in the public interest by the Collector; and
(ii) To construct new water –courses on the land orto alter the direction of any water course now existing on the land or to be constructed in future, whenever this may be considered necessary by the Canal Officer in the interest of irrigation.
(e) Re-entry for the exercise and protection of the rights reserved. For the full discovery , enjoyment and use of the rights hereby reserved or for the protection and maintenance of any property hereby excluded, it shall be lawful for Government through its authorized agents or for any officer of the Crown to enter uponthe land and make such use thereofas may be necessary for these purposes without making anycompensation to the grantee for such use and occupation except as may be provided hereunder.