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PUNJAB VIDHAN SABHA SECRETARIAT

NOTIFICATION

The 18th October, 2020

No. 24-PLA-2020/68.-The Punjab Bhondedar, Butemar, Dohlidar, Insar

Miadi, Mukarraridar, Mundhimar, Panahi Qadeem, Saunjidar or Taraddadkar

(Vesting of Proprietary Rights) Bill, 2020 is hereby published for general

information under the proviso to rule 121 of the Rules of Procedure and

Conduct of Business in the Punjab Vidhan Sabha (Punjab Legislative

Assembly):-

Bill No.24-PLA-2020

THE PUNJAB BHONDEDAR, BUTEMAR, DOHLIDAR,

INSAR MIADI, MUKARRARIDAR, MUNDHIMAR,

PANAHI QADEEM, SAUNJIDAR OR TARADDADKAR

(VESTING OF PROPRIETARY RIGHTS) BILL, 2020

BILL

to vest proprietary rights in persons recorded as Bhondedar, Butemar,

Dohlidar, Insar Miadi, Mukarraridar, Mundhimar, Panahi Qadeem, Saunjidar,

or Taraddadkar, and to provide for payment of compensation to land owners

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, SUNDAY, OCTOBER 18, 2020

(ASVINA 26, 1942 SAKA)

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020

(ASVN 26, 1942 SAKA)

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and for other consequential and incidental matters.

BE it enacted by the Legislature of the State of Punjab in the Seventy-

first Year of the Republic of India as follows:-

(1)

This Act may be called the Punjab Bhondedar, Butemar, Dohlidar,

Insar Miadi, Mukarraridar, Mundhimar, Panahi Qadeem, Saunjidar, or

Taraddadkar (Vesting of Proprietary Rights) Act, 2020.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

(3)

This Act shall be applicable to occupiers of land who or their

predecessors in interest have been recorded as Bhondedar, Butemar, Dohlidar,

Insar Miadi, Mukarraridar, Mundhimar, Panahi Qadeem, Saunjidar, or

Taraddadkar for a period of at least twenty years on the appointed day.

In this Act, unless the context otherwise requires:-

(a)

"appointed day" means the day on which this Act comes into

force;

(b)

"Collector" means the Collector of the district appointed under

The Punjab Land Revenue Act, 1887 and includes any officer not

below the rank of an Assistant Collector of the First Grade specially

empowered by the State Government to perform the duties of a

Collector under this Act;

(c)

"Commissioner" means the Commissioner of the Division appointed

under the Punjab Land Revenue Act, 1887;

(d)

"compensation" means the sum payable to the land owner, being

the amount deposited under section 4 of this Act by a person of

the specified categories;

(e)

“estate” means an estate as defined in clause (1) of section 3 of

the Punjab Land Revenue Act, 1887;

(f)

"Financial Commissioner" means the Financial Commissioner and

Administrative Secretary to Government of Punjab, Department

of Revenue and Rehabilitation appointed under the Punjab Land

Revenue Act, 1887;

(g)

"Government" means the Government of the State of Punjab;

(h)

"land" means land which is recorded in the revenue record of the

Definations.

Short title,

commencement

and application.

estate in the name of a person belonging to the specified categories

and includes the sites of buildings and other structure on such land;

but does not include Shamlat or Panchayat land that vests in the

Panchayat under Sub Sections (1) or (2) of Section 4 of the Punjab

Village Common Lands (Regulation) Act 1961;

(i)

"land owner" means a person or entity recorded as owner of the

land and under whom a person belonging to specified categories

is recorded as such and includes his predecessors and successors-

in-interest;

(j)

"prescribed" means prescribed by Rules made under this Act;

(k)

"recorded" means recorded in the record of rights maintained under

the Punjab Land Revenue Act, 1887; and

(l)

"specified categories" means persons recorded as Bhondedar,

Butemar, Dohlidar, Insar Miadi, Mukarraridar, Mundhimar, Panahi

Qadeem, Saunjidar, or Taraddadkar for a period of at least twenty

years on the appointed day, and includes their predecessors and

the successors-in-interest.

(1)

Notwithstanding anything to the contrary contained in any other

law, custom, usage, contract or deed for the time being in force, and in

accordance with the procedure under this Act and as prescribed, all rights,

title and interests of the landowner in such land shall be extinguished, and

shall vest free from all encumbrances in the person belonging to specified

categories who is in occupation of the land.

(2)

No contract, claim or liability, against the land owner, under any

decree or order of a civil court or otherwise, shall be enforceable against the

land, which has vested in a person of a specified category.

(3)

The land owner shall after the commencement of this Act not

be entitled to receive any service in respect of such land that a person of the

specified categories may have rendered.

A person belonging to the specified categories shall submit an application

to the Collector in such form and manner, and accompanied by such amount

as may be prescribed, for the conferment of proprietary rights of the land.

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020

(ASVN 26, 1942 SAKA)

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Vesting of land in

persons of

specifed

categories.

Form and manner

of application

and amount to be

deposited with

application.

On receipt of an application filed under Section 4, the Collector shall

proceed in the manner as may be prescribed, and pass an order either accepting

or rejecting the application:

Provided that no order accepting or rejecting an application shall be

passed unless the land owner or a person belonging to the specified categories

have been given reasonable opportunity of being heard in the matter.

(1)

The Collector upon acceptance of the application shall pass an

order conferring proprietary rights on the applicant, and all rights, title and

interests of the land owner in such land shall thereupon stand extinguished.

(2)

The Collector shall after the expiry of sixty days from the date

of order conferring proprietary rights issue a certificate to this effect.

(3)

Any land owner whose rights have been extinguished under this

Act may, within two years from the day of the order extinguishing his rights,

title and interests apply to the Collector, in such form and manner as may be

prescribed, for the release of compensation payable to him:

Provided that the Collector may, within a period not exceeding five

years from the date of his order, entertain an application after the expiry of

the period of two years if he is satisfied that the applicant was prevented by

sufficient cause from filing the application in time and in case no such an

application is received within five years, the amount deposited by a person of

the specified category shall stand forfeited to the Government.

(4)

Where there is any dispute as to the person or persons who are

entitled to the compensation, the Collector shall decide such dispute and if

the Collector finds that more than one person are entitled to compensation,

he shall apportion the amount thereof amongst such persons:

Provided that the findings, if any, of a Civil Court about the persons

entitled to receive compensation shall be binding on the Collector.

(5)

Where the compensation is payable to a minor, a person of

unsound mind or to a person having a limited interest, the Collector may make

such arrangements as may be equitable having regard to the interest of the

minor, the person of unsound mind or the person concerned.

(6)

The land which is subject to a mortgage at the time of payment of

compensation shall pass unencumbered to the person in whom it is vested;

and the mortgage debt shall be a charge on the compensation payable to the

land owner.

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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020

(ASVN 26, 1942 SAKA)

Powers of the

Collector.

Conferment of

proprietary rights

and payment of

compensation.

(7)

The Collector shall, in the absence of any such charge and subject

to any order of any Revenue Officer or decree of a Court, pay the

compensation to the landowner.

(8)

In case there is such a charge, the Collector shall, subject to as

aforesaid, apply in the discharge of such charge so much of the compensation

as is required for the purpose and pay the balance, if any, to the landowner or

retain the compensation pending decision of the Civil Court as to the person

or persons entitled thereto, as the case may be.

In case an application filed under Section 5 is rejected by the Collector,

the amount deposited as compensation by the applicant shall be refunded to

him.

The provisions of Sections 13, 14, 15, and 16 of the Punjab Land Revenue

Act, 1887 shall apply, mutatis mutandis, to the proceedings under this Act.

No prosecution, suit or other legal proceeding shall lie against the State

Government or any officer or authority for anything which is in good faith

done or intended to be done in pursuance of this Act or of any Rules made

thereunder.

10.

No Civil Court shall have jurisdiction to entertain any suit or proceeding

in respect of any matter which the Collector is empowered by this Act to

determine, 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.

11.

(1)

If any difficulty arises in giving effect to the provisions of this Act,

the Government may, by order published in the Official Gazette, make such

provisions, not inconsistent with the provisions of this Act, as appear to it to

be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of the period

of two years from the date of commencement of this Act.

(2)

Every order made under this Section shall, as soon as may be

after it is made, be laid before the State Legislature.

12.

(1)

The Government may, by notification in the Official Gazette, make

rules to carry out the purposes of this Act.

(2)

In particular and without prejudice to the generality of the foregoing

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020

(ASVN 26, 1942 SAKA)

Refund of

compensation

amount

deposited.

Appeal, review

and revision.

Protection of

acts done in good

faith.

Power to remove

difficulties.

Bar of Civil

Courts.

Power of

Government to

make rules

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power, such rules may provide for all or any of the following matters, namely:-

(i)

the form and manner in which the application claiming the

proprietary rights may be filed by a person of specified categories;

(ii)

the amount to be deposited along with such application, and the

manner of retaining such amount by the Collector;

(iii)

the procedure to be followed by the Collector while deciding an

application filed under Section 5;

(iv)

the form in which the certificate conferring proprietary rights is to

be issued;

(v)

the form and manner in which an application for compensation

may be filed by the landowner; and

(vi)

the manner in which appeals and revisions may be filed.

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020

(ASVN 26, 1942 SAKA)

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STATEMENT OF OBJECTS AND REASONS

A class of occupancy tenants has already been vested with proprietary

rights. However, a certain category of tenants namely Bhondedar, Butemar,

Dohlidar, Insar Miadi, Mukarraridar, Mundhimar, Panahi Qadeem, Saunjidar,

or Taraddadkar was not vested with such rights. This Act is a measure of

agrarian reform to grant proprietary rights to such class of tenants, and to

provide for payment of compensation to the land owners whose rights in the

land shall be extinguished. This measure will also promote investment in

agriculture and boost its productivity.

The Punjab Bhondedar, Butemar, Dohlidar, Insar Miadi, Mukarraridar,

Mundhimar, Panahi Qadeem, Saunjidar, or Taraddadkar (Vesting of Proprietary

Rights) Bill, 2020 will be beneficial as above .

GURPREET SINGH, KANGAR

Revenue, Rehabilitation and Disaster

Management Minister, Punjab.

______________

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020

(ASVN 26, 1942 SAKA)

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MEMORANDUM REGARDING DELEGATED LEGISLATION

Section 12 of “The Punjab Bhondedar, Butemar, Dohlidar, Insar Miadi,

Mukarraridar, Mundhimar, Panahi Qadeem, Saunjidar, or Taraddadkar (Vesting

of Proprietary Rights) Bill, 2020” empowers the State Government to make

rules to carry out the purposes of this Act. The powers sought are necessary

for the proper implementation of the provisions of the Act and are normal in

nature.

______________

CHANDIGARH

SHASHI LAKHANPAL MISHRA

THE 18th OCTOBER, 2020

SECRETARY.

______________

2130/10-2020/Pb. Govt. Press, S.A.S. Nagar

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020

(ASVN 26, 1942 SAKA)

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