ITHE PUNJAB REL1 IOUS PREMISES AND LAND (EVICTION AND RENT RECOVERY) ACT, 1997 (PUNJAB ACT NO. 4 OF 1998) [Received the assent of the Governor of Punjab on the 25th January, 1998, and was first published fir general information in Pnnjab Government Gazette (Extraordinary).
Legislative Supplement dated the 29th January, 1998.]
An Act to provide for the eviction of unauthorised occupants from religious premises and for certain incidental matters.
BB it enacted by the Legislature of the State of Punjab in the Fortyeighth Year of the Republic of India as follows :-
1. ,(1) This Act may be palled the Punjab Religious Premises and Short title Land (Eviction and Rent RecoVery) Act, 1997.
and commencement.
(2) It shall come into force at once.
2. In this Act unless the context otherwise requires,—
(a) "Collector" means e Collector of the District and includes Definitions.
any other officer appointed by the State Government for performing the f nctions of the Collector under this Act ;
(b) "Commissioner" means the Commissioner of a division ;
(c) "estate" means any area—
(i) for which a separ,te record-of-rights has been made ; or
(ii) which has been separately assessed to land revenue, or would have been so assessed if the land revenue had not been • released, compounded for or redeemed ; or
(iii) which the State Government may, by general rule or special order. declare to be an estate ;
•
(d) "Religious Institution", means any aurudwara, temple, church, mosque, temple of :Tains .or Budhas—which is registered under the provisions of the Societies Registration Act,..1860 .(Centr Act No- XXI Of 1860) or is established under any statute and includes any other place of worship by whatever name, it may be called, which is registered as aforesaid or is established under any statute ;
(e) "religious premises", means any land whether used for agricultural or n6n-agricultural purposes, or any building or part of a building belonging to a Religious Institution and includes,— 'For Sta'cmcet of Objcris and -RcaEc:.1:, z.cc Ft njab Governinent Gazette (Extraordinary) dad the nth Deccir. bcr. 1597. tr:L:e 282S.
| THE PUNJAB RELIGIOUS PREMISES AND LAND (EVICTION AND RENT RECOVERY) ACT, 1997 (PUNJAB ACT NO. 4 OF 1998) [Recelved the assent of the Governor of Punjab on the 25th January, 1998, and was first published far general information in Panjab Government Gazette (Extraordinary), [Legislative Supplement dated the 29th January, 1998.]
An Act to provide for the eviction of unauthorised occupants from .
religlous premises and for certain incidental matters.
Bg it enacted by the Legislature of the State of Punjab in the Fortyeighth Year of the Republic of India as follows :— -(1) This Act may be WE the Punjab Religious Premises and Short title Lond (Eviction and Rent Recovery) Act, 1997. and { commencement. |
(2) It shall come into force at once.
|
2. In this Act unless the context otherwise requires,—
(a) “‘Collector” means the Collector of the District and includes Definitions.
any other officer| appointed by the State Government for performing the functions of the Collector under this Act ;
(6) “‘Commissioner’ means the Commissioner of a division ;
(6) ‘‘estate’ means any area—
(i) for which a separate record-of-rights has been made ; or ]
(0) Which has teen separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed ; or
(47) which the State| Government may, by general rule or special order. declare to be an estate ;
(d) “Religious Institution”, means any gurudwara, temple, church, mosque, temple of Jains or Budhas—which is registered under the provisions of the Societies Registration Act, 1860 . (Central Act No. XXI of 1860) or is established under any statute and includes any other place of worship by whatever name, it may be called, which is registered as aforesaid or is established under ny statute ;
wy land ov used for rposes, or any building a Religious Institution
(e) “religious premises”, agricultural or np or part of a build and includes, — | IN. J : .
: Objerie and ਹਨ: 012 wee 4 ॥॥੯॥ Governtteny Gazette (Extraordiniryy dud the 1611 Doce ber, 1697, pege 2828.
| { 2 • . .
(1) • the girden,.groundk and out-houses, if.any, appertaining .to . ... • Such building or part of.a building ; and • .
. •
(fi) any fitting& affixed.to such building or part of a building - . • for the. More beneficial enjoyment thereof • . . (f) "tent" in relatioia to . any religious premises, means the consideration .payable periodically for the 'authorised occupation of the religious premises and: includes -- •
(i) any charge . for electricity, water or any. other services in .
connection with the occupation of, the.premiseS ;
,..: . . . .
(ii) ' any tax (by-whatever:name Called) payable in.respett.of the religious premises ;
.
where such charge or tax is payable. by the ' Religious ' Institution. .
Unauthicrised .
3.. For the purpOseS of this Act,. a person shall be deemed to be ih •occtpation of unatithorised occupation of any religious prentises,— `filitit5us . .
, grommet:.
(a)• where Ihe has, whether before or after the.commencement of 'this Act, entered into possession thereof. otherwise:-than.
under and in pursuan.ee of any allotmentleaSe•or grant ; or , ...
.
(b) -Where be, being an allbttoe; lessee or grantee has, be reason • of the determination. Or eancellatiOn of his allotment, lease . or grant in accordance withtheterms in-that behalf therein contqned, ceased, whether before or after su the bommencement of this Act,. to be entitled to occupy premises . or hold ch religious premises ; or • . .
.
V .
(c) where any person authorised to occupy any. religious premises has, whether before or after the commencement of this Act— .
(i) sub-let, in contravention of the. terms of allotment, lease or grant, without the permission of the Relig,ious Institution, premises ; or the whole or any part of such religious - . .
(i i) OtherWise acted in contravention . of any of.the terms., ex- • press or implied, under' which •he is' authorised. to occupy Such religious premises. • .
. ., ExplaRation-I—For the. purpose of 'Clause (a), uperson shall not merely — - ' by reason of the fact that he has paid any . rent be deemed to have entered iatO•posSesSion as allottee,..
lessee or grantee.' .
.
.
Issue of notice • 4. .(1) ,On an application Made by a Religious .Institution, : if the sbow.cause Collector - iS •of opinion that any persons are :in.unauthorised.occupation - against order ' of any religious premises situate within his vjurisdietion and that they , „ of. Irctioti. .
should be evicted, the Collector shall issue in the manner hereinafter " ,provided,. a notice in writing callini:upon all p'ersons.concerned: to show . • vcatiSe 'v!by an .order of eviction Should riga' e made.
• . .
. _ Unauthorised ‘seeupation of religious premises, Issue of notice -to show.causg against order of ection.
ji 2 6) - the garden, grounds and out-housés, if any, appertaining to such building or part of.a building ; and (6:9) any Fittings affixed. to such building or pat of a building for the Topp benef: ictal enjoyment thereof ;
(f) “rent” in relation to. any religious premises, means the con- ¥:
67) any tax (by whatever nate called) payable in. respect of the sideration payable periodically for the authorised Saggation of the religious premises and: includes — =--
(i) any charge. for electricity, water or any em Services in connection with the occupation of the premises ;
religious premises ;
where| such charge or tax is payable by the ‘Religious Institution.
3.. For the purposes of this Act,. a person shall be deemed tobe in unauthorised Serspaton of any religious premises,—
(0). where he has, whether before “or after the commencement of ‘this Alt, entered into possession thereof otherwise -than under and i in pursuange of any allotment,’ least of grant ; or 6) where! 16, being an 16466, lessee or grantee has, be reason of the] determination or cancellation of his allotment, lease "or grant in accordance with the terms in that behalf therein contained, ceased, Whether before or after the cornmencement of this Act, to be entitled to occupy or hired such religious premises ; or
(c) where any person authorised to occupy any. religious premises
(if). otherwise acted in contravention . of any of the terms, ex- ̀ has, Whether before or after the commencement: of this Act— @ 9196, 4 in contravention of the terms of allotment, lease or grant, without the permission of the Religious Institution, the whole er any part of such religious premises ; or press or implied, under which he is’ authorised, to occupy such religious premises. .
Tyee yor the purpose of Clauss wo, a person shall not merely | by reason of the fact that he has paid any , rent be + deemed to have entered intd’ possession as allottee, lessee or grantee.’ A :
` 4, (I) Onan application made by a Religious Institution, if the ` Qoflector is of opinion that any persons are “in unauthorised occupation of any religious premises situate within his jurisdiction and that they should be evicted, the Collector shall issue in the manner hereinafter ਕਿ provided, . a notice in writing calling upon all persons . concerned. to show 64988 Why an’ order of eviption should sit be made.
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(2) The notice shall— •
(a) specify the grounds on which the order of eviction is proposed to be made ; and
(b) require all persons concerned, that iS to Say; all persons who are, or may be, in-occupation of, or claim interest in, the religious premises to show cause, if any, against the proposed order on or before such date as is specified in the notice being a date not earlier than ten days from the date of issue thereof.
(3) The Collector shall cause the notice to be sent through a registered post and, also affixed on the outerdoor or some other conspicuous part of the religious premises, or of the estate in which the religious premises are situate whereupon the notice shall be deemed to have been duly given to all persons, concerned. , g. (1) If, after considering the cause, if any, shown by any person Eviction of in pursuance of a notice under section 4 and any evidence he may p ttnauthor ersons iced produce in support of the same and after giving him a reasonable oppor- .
tunity of being heard, the Collector is satisfied that the religious premises are in unauthorised occupation the Collector may make an order of eviction, for reasons to be recorded therein, directing that religious premises shall be vacated, on such date not being the date beyond the period of forty-five days from the date of receipt of application by him under section 4 and as may be specified in the order by all, persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outerdoor or some other conspicuous part of the religions premises or of the estate in which the religious premises are situate.
(2) If any person refuses or fails to comply with the order of eviction within thirty days' of the date of order made under sub-section
(1), the Collector or any other officer duly authorised by.him in this behalf may evict that-person from, and deliver the possession of the religious premises to the concerned Religious 'Institution and, may- for that purpose, use such force as may be. necessary.
6. (I) Where any person is in arrears of rent payable in respect of any religious, premises the Collector may, by order, require that person to pay the same within. such time and in such instalments as may be specified in the order. •
(2) Where any person is, or has at any time been in unauthorised to occupation of any religious premises the Collector may, having regard reasonable principles of assessment of damages, assess the damages on account of the use and occupation of such premises and may by order, require that person to pay the damages within such time and in.
instalments as may be specified in the order.
(3) No order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice, in writing, 'to the person calling upon him to show cause within such time as may be sepcified• in the notice, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Collector.
Power to recover damages in respect of religious premises a% arrears of land rewnue.
(2) The notice Shall—
(a) specify the grounds on which the order of eviction. is proposed to be made ; and 6) require all persons concerned, that 860 say; all persons who are, or may be, in'occupation of, or claim interest in, the religious premises to show cause, if any, against the proposed order on.
or before such date as is -specified in the notice beinga date ਤ਼ not earlier than ten days from the dato of 29906 thereof.
(3) The Collector shall cause the notice to be sont through a registered post and. also - affixed on the outerdoor or some other conspicious part of the religious premises, or of the estate in which. the religious promises are situate whereupon the fiotice shall be deemed to have been duly given to all persons concerned. ...
5. (I) If, after considering the cause, if any, shown by any person in pursuance of a: notice under section 4 and any evidence he may produce in support of the same and after giving him a redsonable opportunity of being heard, the Collector i$ satisfied that the religious premises are in unauthorised occupation the Collector may make an order of eviction, for reasons to be recorded therein, directing that religious pre- - mises shall be vacated, on such date not being the date beyond the period of forty-five days from the date of receipt of application by him under section 4 and as may be specified in the order by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outerdoor or some other conspicuous part of the reli- . gious premises or of the estate in which the religious premises are situate.
(2) Ifany person refuses or fails to comply with the order of .
eviétion within thirty days’ of the date of order made under sub-section (I), the Collector or any other officer duly authorised by him in this behalf may evict that'person from, and deliver “the possession of the religious premises to the concerned Religious Institution and, may for that purpose, use such force as may be necessary. ਲੇ
6. (I) Where dny ‘person 18 In arrears of rent payable in respect of any religious, premises the Collector may, by order, require that person to pay. the same within such time and in such instalments as may be specified in the order. ਨ
(2) Where any person is, or has at any time been in unauthorised occupation of any religious premises the Collector may, having regard to reasonable principles of assessment . 01 damages, assess the damager on account of the use and occupation of such premises and may by order, Tequire that person to pay the damages within such time and. in, instalments as may be specified in the order. _ . (3) No order under sub-section (J) or sub-section (2) shall be made against any person until after the issue of a notice, in Writing, "to the person calling upon him'to show cause within such time as may be sepeified. in the notice, why such order should not be made, and until = his’ objections, if any, and any evidence hie may produce in * support of the same have been considered by the Collector.
\ . Byiction of unauthorised . persons.
© Power to Tecoyer damages in respect of religions premises ag arrears. of land revenue.
4 Power of 7. The Collector shall for' the purpose of holding any inquiry under Collector. this Act, have the same powers as arevested in a civil court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matter namely:— A tines's.
Finality of orders.
Liability of heirs-and legal representatives.
summoning and enforcing the attendance of any person and examining him. on oath ;
requiring the discovery and produCtion of documents ;
(c) any other matter which he may consider necessary.
8. (1) An appeal shall lie from every order of the Collector made in respect of any religious premises under section 5 or section . 6 to the CommissiOner.
(2) An appeal under sub-section (/)Shall be preferred— * • (a) in the case of an appeal froni an order under section 5, within thirty days from the date of the order, and . _
(b) in the case of.an appeal from an order under section 6 within , thirty days from thedate on which the order is communicated to the appellant.:
Provided that the Commissioner may entertaiii•the appeal after the expiry of the, said period of thirty days if he is satisfied that:' the appellant was prevented by sufficient cause from . filing the appeal in time.
. • (3) Where an appeal is preferred from an, order of the Collector, the Commissioner may stay the enforcement of that order for such period and-on such conditions as he deems fit.
(4)- 'Every • appeal . under this section shall be disposed of by the Commissioner- as expeditiously as possible.
(5) The costs of any 'appeal under this section shall be ii•the diScretion of the Commissioner. .
9. Every order made by the Commissioner and subject to the orders of the Commissioner the order made by the Collector under this Act'shall be final and shall not be called in question 'in any original suit, application.or execution proceeding and no injunction shall be granted by any court or other authority in respeet of any action taken or to be taken in pursuance of any power . conferred by.or under this Act.
. , • 10. (1) Where any person against whom any proceeding for the deterthination of arrears of rent or for the assessment of damages is to be or has been taken under section 6 dies before the proceeding is taken or • during the pendency thereof, legal proceeding may be taken or; as the case's!. may be, continued against the heirs- or legal 'representatives of that person.
(a)
(b) 4 Power of | `ਚ, “The Collector shall for the purpose of holding any inquiry under - Collector, this Act, have the same: powers as'are vested in a civil court under the Cade of Civil Procedure, 1908, when trying a 801੧ in respect of ; the following matter namely -—
(a) . summoning and enforcing the attendance of say person and -examining’ him on oath ;
. 00) requiring the discovery and production of documents 3
(6) any other matter which he may consider recessary. \ Apneals. 8. (1) -An appeal shall lie from every order of the Collector made ‘in respect of any religious premises under section 5 or section 6 to the Commissioner. .
(2) An appeal under sub-section (1) shal be preferred—
(a) 56 the case of an appeal {rom an order under scotion 5, within thirty “days from the date of the order, and ® in the case of an ap; peal from an order under section 6 within thirty days from thé’date on Which the order i is communicated to the appellant: ਹੂ ਹੂ “Provided that the Commissioner may entertain tlie appeal after the-expiry of the said period of thirty days if he 14 satisfied that "the appellant was prevented by sufficient cause from filing the appeal in time.
@ Where an appeal is preferred from an order of the Collector, + the Commissioner aay stay the enforcement of that order for such period and-on such conditions as he deems fit. 2 9) ‘Every “appeal under this section shall be disposed of by the Commissioner: as expeditiously as possible.
ਰ (5) The costs of any "appeal under this section shall be if the discretion of the Commissioner. ਪੂ - Fipality of 8. 9. Every order made by the Commissioner and subject to the orders orders. of the Commissioner the order made by the Collector under this Act shall bé final and shall not be called in- question ‘in any original suit, application. or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by:or under this Act.
ਰਤੀ or 10. (I) Where any person againgt Whom any pooneding foi the “Jogal p determination of arrears of rent or for the assessment of damages is to be representa- or has been taken under section 6 dies before the proceeding is taken or ` tives, during the pendency thereof, legal proceeding may be taken or; as the ` case’; may be, continued against the heirs or legal Tepresentatives of that person.
Recovery of rent as arrears of land ravenue.
13 a r of jurisdiction.
Protection of action, taken in good faith.
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(2) Any amount due to the ReligiduS Institution from any person.
whether , by way of arrears of rent or damages or costs shall after the .
death of the person, by payable by hiS heirs or legal "representatives, but their liability shall be limited to the extent of theussets of 'the deceased in their hands.
11. If any • person refuses or. fails to pay the arrears of rent payable under sub-section' (I) of section 6 or the daMages payable under sub-section (2) of that • section or the costs • awarded to- the Religious Institution under.sub-section. (5) of section 8 or any portion of such rent, damages or costs, within the time, if any, specified thereof in.tho order relating thereto, the Collector shall proceed to recover the amount due as arrears of land revenue.
12. No court shall have jurisdiction to entertain any suit or pro- Ceeding in respect of the eviction of any person who is in unauthorised occupation of any religious prendises or the recovery of the arrears of rent payable under sub-section (1) of. section 6 or the damages payable under sub-section (2) of that section or the costs. awarded to Religious Institution under. sub-section (5) of section 8 or any portion of such rent, damages or costs.'
13. No suit, prosecution or other legal proceeding shall lie against.
the Commissioner, the Collector or any other person authorised by him respect.of anything which is in good faith done or intended to be done in pursuance of this Act of Orders made thereunder.
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(2) “Any amount due to the Religious Institution from any person. - whether. by way of arrears of rent or damages or costs shall after the. .
death - of the person, bg payable by his heirs or legal representatives, but their liability shall be limited to the extent of the: assets of the deceased in Shik hands.
11. If any person refuses or fails to pay the arrears of rent payable under sub-section’ (I) of section 6 or the darhages -payable under sub-section (2) of that -section or the costs: awarded to- the Religious Institution under sub-section 65) of section 8 or any portion of such rent, damages ‘or costs, within the time, if any, specified thereof in.the order relating theréto, the Collector shall proceed to recover the Ament due as arrears of land revenue.
12.. No court shall have jurisdiction to ਕਸਮ any suit or proceeding in respect of the eviction of any person who 18 in unauthorised: ’ occupation of any religious premniises “or the recovery of the arrears of rent payable under sub-section 2) of section 6 or the damages payable under sub-section (2) of that section or .the costs. awarded to Religious Institution under sub-sectien (5) of section 8 or any portien of such rent, damages or costs. .
13. No suit, prosecution or other legal proceeding shall lie against the Commissioner, the Collector or any other person authorised by Lim respect of anything which is in good faith done or intended to be done in i pursuance of this Act or orders ~made thereunder.
Recovery of rent as arrears of land revenue.
Bar of Jurisdiction.
- Protection of action, taken _in 8੦੦੬4 faith, PUNJAB GOVT GAZ. (EXTRA.), JULY 12, 2011 (ASAR 21, 1933 SAKA) GOVERNMENT OF PUNJAB DEPARTMENT OF REVENUE AND REHABILITATION (JAGIR BRANCH) Notification The 12th July, 2011 No. S.0.62/P.A.4/1998/S.2/2011.—In exercise of the powers conferred by clause
(a) of Section 2 of the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 (Punjab Act No. 4 of 1998), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to appoint all the Additional Deputy Commissioners (General) as Collector within the limits of their respective jurisdiction in addition to the Collectors of the Districts in the State of Punjab, for performing the functions of the Collector under the aforesaid Act.
A.R. TALWAR, Financial Commissioner, Revenue and Secretary to Government of Punjab, Department of Revenue and Rehabilitation.
PUNJAB GOVT GAZ. (EXTRA.), JULY 12, 2011 (ASAR 21, 1933 SAKA) GOVERNMENT OF PUNJAB DEPARTMENT OF REVENUE AND REHABILITATION (TAGIR BRANCH) :
Notification The 12 July, 2011 No. S.0.62/P.A.4/1998/8.2/2011.—In exercise of the powers conferred by clause
(a) of Section 2 of the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act.
1997 (Punjab Act No. 4 of 1998), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to appoint all the Additional Deputy Commissioners (General) as Collector within the limits of their respective jurisdiction in addition to the Collectors of the Districts in the Stare of Punjab, for performing the functions of the Collector under the aforesaid Act.
AR. TALWAR, Financial Commissioner, Revenue and Secretary to Government of Punjab, Department of Revenue and Rehabilitation.
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