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The Punjab Land Preservation Act, 1900 |
This legislation was enacted to save the soil from erosion. At the time of
enactment it was applicable to whole of Punjab. Now it is applicable to whole of
the State of Haryana. Areas of northern Haryana along the Shiwalik hills which
are prone to soil erosion due to water flow in the rugged and slopy terrain and
areas of southern and western Haryana which are prone to erosion both by air and
water have been put under restriction of certain activities under this law.
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Object:
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An act to provide for the better preservation and protection of certain portions
of the territories. It extends to whole of Haryana.
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Salient Features
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Act can be divided into 6 major portions containing 22 section altogether.
Section 2 deals with the definitions. Section 3 to Section 7A empower the
government to notify and regulate certain areas, restrict or prohibit, by
general or special order, within notified areas certain activities and to
require execution of works and taking of other measures as deemed necessary to
protect these areas. Section 8 to Section 11 endows the government control over
the beds of chos. Section 13 deals with the power to enter upon and delimiting
notified areas and beds. Section 14 and 15 are related with inquiry into claims
and award of compensation. Section 16 to Section 18 lay down procedure for
proclaiming notifications and of serving notices, orders and processes, issued
under the Act. Section 19 to Section 22 are related with penalty for offences,
bar of suits and applicability of Indian Forest Act, 1927.
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Restrictions
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Section 4
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In respect of areas notified under section 3 generally or the whole or any part
of any such area, the State Government may, by general or special order,
temporarily regulate, restrict or prohibit.
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the clearing or breaking up or cultivating of land not
ordinarily under cultivation prior to the publication of the notification under
section 3.
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the quarrying of stone or the burning of lime at
places where such tone or lime had not ordinarily been so quarried or burnt
prior to the publication of the notification under section 3.
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the cutting of trees or timber or the collection or
removal or subjection to any manufacturing process, otherwise than as described
in clause (b) of this sub-section of any forest-produce other than grass save
for bona fide domestic or agricultural purposes of right-holder in such areas.
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the setting on fire of trees, timber of forest produce.
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the admission, herding pasturing or retention of sheep,
goats or camels.
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the examination of forest-produce passing out of any such area; and
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the granting of permits to the inhabitants of towns and
villages situated within the limits or in the vicinity of any such area to take
any tree, timber or forest produce for their own use there from, or to pasture
sheep, goats or camels or to cultivate or erect buildings therein and the
production and return of such permits by such persons.
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Section 5
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In respect of any specified village or villages, or part or pats, thereof,
comprised within the limits or any area notified under section 3 of the State
Government may, by special order temporarily regulate, restrict or prohibit -
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the cultivating of any land ordinarily under cultivation prior to the
publication of the notification under section 3.
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the quarrying of any stone or the burning of any lime at
places where such stone or lime had ordinarily been so quarried or burnt prior
to the publication of the notification under section 3.
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the cutting of trees and timber or the collection or
removal or subjection to any manufacturing process, otherwise than as described
in clause (b) of this sub-section of any forest-produce for any purposes; and
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the admission, herding, pasturing or retention of cattle generally other than
sheep, goats and camels, or of any class or description of such cattle.
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Penalty
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Section 19
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Any persons who, within the limits of any area notified
under section 3, commits any breach of any regulation made, restriction or
prohibition imposed, order passed or requisition made under sections 4, 5, 5-A
or 7-A shall be punished with imprisonment for a term which may extend to one
month, or with a fine which may extend to one hundred rupees, or with both.
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The area closed under section 4 & 5 of this act is recorded
as forest in the government records. As per the interim order of Hon'ble Supreme
Court of India in CWP 202, provisions of Forest Conservation Act, (1980) apply
in the areas notified under this Act.
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2009, Haryana Forest Department, All rights reserved |
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