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Section 9: Procedure for deciding reference by the Tribunal

Punjab Management and Transfer of Municipal Properties Rules, 2021State Rules of Punjab · 2020

(1) The municipality may make reference to the Tribunal or authorized officer or officers as the case may be, for eviction of tenant or occupant from the municipal property, along with the statement of claims including material facts, evidence by way of affidavit of competent authority/authorized person and of the witnesses along with original or certified copies of documentary evidence.

(2) The Tribunal or authorized officer or officers shall issue notice to the Tenant or occupant, as the case may be, to file reply with the statement of defence including material facts, evidence by way of affidavit of the tenant or occupant or witnesses along with documentary evidence certified by a competent authority, within a period of thirty days from the date of issue of such notice.

(3) The parties may file replication to the reply submitted by the opposite party within a time specified by the Tribunal or authorized officer or officers.

(4) The Tribunal or authorized officer or officers shall hear both the parties before deciding the claim on merit. The parties may submit written arguments before the Tribunal. Thereafter claims shall be decided by passing a detailed/reasoned order.

(5) The Tribunal or authorized officer or officers shall pass an appropriate order within sixty days from the date of receipt of a reference i.e. date of submission of the reference.

(6) The Tribunal or authorized officer or officers shall issue notices/ summons to the parties/witnesses or any Government Authorities in the format/Form specified in the Code of Civil Procedure, 1908 to the extent that it does not contravene the provisions or defeat the purpose of the Principal act or these rules.

Section 14 (3) Section 15 (2) PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 26, 2021 (KRTK 4, 1943 SAKA) 2642

(7) In case any application is received from the tenant or occupant as the case may be, the above mentioned procedure shall be followed by the Tribunal or authorized officer or officers as the case may be.

(8) The Government may by notification in Official Gazette make any alteration or change in the procedure prescribed above for speedy disposal of references /application.

(9) Every order of the Tribunal or authorized officer/officers for eviction of an unauthorized occupant shall be sent to the Collector for execution as provided under the Principal Act.

(10) The Collector, or any other officer authorized by him in this behalf but not below the rank of an Executive Magistrate shall cause such order to be executed, within a period of thirty days of the receipt of such an order.

Where this provision sits

ActPunjab Management and Transfer of Municipal Properties Rules, 2021
Section9
Marginal noteProcedure for deciding reference by the Tribunal
JurisdictionState of Punjab
StatusIn force as published by the source

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