Section 42

Presumption as to ownership of forests, quarries and waste-lands.

The Punjab Land-Revenue Act, 1887

  • Act 17 of 1887
  • Ministry of Rural Development
  • Department of Land Resources
About this Act

An Act to amend and declare the Land-revenue Law of the Punjab.

All sections
    (1) When in any record-ofrights completed before the eighteenth day of November, 1871, it is not expressly provided that any forest, quarry, unclaimed, unoccupied, deserted or wasteland, spontaneous produce or other accessory interest in land belongs to the landowners, it shall be presumed to belong to the Government.
    (2) When in any record-of-rights completed after the date it is not expressly provided that any forest or quarry or any such land or interest belongs to the Government, it shall be presumed to belong to the landowners.
    (3) The presumption created by sub-section (1) may be rebutted by showing—
        (a) from the records or report made by the assessing officer at the time of assessment, or
        (b) if the record or report is silent, then from a comparison between the assessment of villages in which there existed, and the assessment of villages of similar character in which there did not exist, any forest or quarry, or any such land or interest, that the forest, quarry, land or interest was taken into account in the assessment of the land-revenue.
    (4) Until the presumption is so rebutted, the forest, quarry, land or interest shall be held to belong to the Government.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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