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State of Punjab - Section

Section 8 in The Punjab Land Preservation Act, 1900

8. Action when State Government considers it desirable to take measures to regulate the beds of chos. Vesting of such beds in State Government

. - (1) Whenever it appears to the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government that it is desirable that measures should be taken in the bed of any cho for the purpose of -(a)regulating the flow of water within, and preventing the widening or extension of, such bed, or of(b)reclaiming or protecting any land situate within the limits of such bed;such Government, may, either proceed at once in manner in sub-section (2) provided, or, in the first instance, by notification specifying the nature and extent of the measures to be taken and the locality in and the time within which such measures are to be so taken, require all persons possessing proprietary or occupancy rights in land situate in such locality to themselves carry out the measures specified in such notification accordingly.
(2)If the whole or any part of the bed of any cho be unclaimed, or, if, in the opinion of the [State] [Substituted for the word 'Provincial'by the Adaptation of Laws Order, 1950.] Government the measures deemed necessary under sub-section (1) are of such a character, in regard to extent and cost, that the interference of the State Government is absolutely necessary, or in the event of the owner or occupier of any portion of the bed of any cho failing to comply with the requirements of any notification issued under sub- section (1), such Government may, by notification, declare that the whole or any part of the area comprised within the limits of the bed of any cho shall [vest in the State Government] [Substituted for the words 'His Majesty for the purposes of the Province' by the Adaptation of Laws (Third Amendment) Order, 1951.] [-] [The words 'either absolutely and in perpetuity or' were omitted by Punjab Act 8 of 1926, section 2.] for such period and subject to such conditions (if any) as may be specified in the notification :Provided that no such declaration shall be made in respect of, or shall affect, any land included within the limits of the bed of any such cho, which, at the date of the publication of the notification making such declaration, is cultivated or culturable, or yields any produce of substantial value.
(3)When the owners or occupiers of such locality are unable to agree among themselves regarding the carrying out of such measures, the decision of those paying the larger amount of land-revenue shall be held to be binding on all.
(4)The [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, from time to time, by like notification, extend the period during which any such area shall remain vested in [the State Government] [Substituted for the words 'His Majesty' by the Adaptation of Laws (Third Amendment) Order, 1951.].