Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 19, 2020
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Published by AuthorityPublished by AuthorityPublished by AuthorityPublished by AuthorityPublished by Authority
CHANDIGARH, THURSDAY, NOVEMBER 19, 2020
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LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
Nil
Part - II Ordinances
Nil
Part - III Delegated Legislation
1. Notification No. G.S.R. 95/P.A.7/2020/
S.15/2020, dated the 17th November, 2020,
containing the Punjab Slum Dwellers
.. 609-619
(Proprietary Rights) Rules, 2020.
2. Notification No. G.S.R. 96/Const./Art.309/
P.A.17/1887/Ss. 28 and 156/Amd.(5)/2020,
dated the 17th November, 2020, containing
amendment in the Punjab Revenue
Kanungos (Group 'C') Service Rules, 1994.
.. 621
Part - IV Correction Slips, Republications and
Replacements
Nil
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF LOCAL GOVERNMENT
(LG-4 BRANCH)
NOTIFICATION
The 17th November, 2020
No. G.S.R. 95/P.A.7/2020/S.15/2020.- In exercise of the powers
conferred by section 15 of the Punjab Slum Dwellers (Proprietary Rights), Act
2020 (Punjab Act No. 7 of 2020), and all other powers enabling him in this
behalf, the Governor of Punjab is pleased to make the following rules, namely:—
RULES
1. Short title, extent and commencement.- (1) These rules may be
called the Punjab Slum Dwellers (Proprietary Rights) Rules, 2020.
(2) They shall extend to all the existing slums, including but not limited
to notified or non-notified or recognised or authorized slums or the slums
identified in accordance with the Act.
(3) They shall come into force on and with effect from the date of their
publication in the Official Gazette.
2. Definitions. - (1) In these rules, unless the context otherwise requires;
(a) "Act" means the Punjab Slum Dwellers (Proprietary Rights) Act,
2020;
(b) "appellate authority" means the appellate authority referred to in
section 8;
(c) "Form" means a Form appended to these rules;
(d) "land" means any Government land as defined in clause (i) of sub-
section (1) of section 2 of the Act;
(e) "premise/s" means any land, building or part of land or building which
is used or intended to be used as a residence;
(f) "section" means a section of the Act; and
(g) "slum household" means a family as defined in clause (f) of sub-
section (1) of section 2 of the Act.
(2) Words and expressions used but not defined in the rules, shall have
the same meaning as assigned to them in the Act or under the Punjab Municipal
Act, 1911 or the Punjab Municipal Corporation Act, 1976.
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3. Powers and functions of the Slum Area Redevelopment and
Sub-section 3 of section 6.
Rehabilitation Committee. - (1) Without prejudice to the generality of the
powers and functions under sub-section 3 of section 6 of the Act, the Slum
Area Redevelopment and Rehabilitation Committee constituted under the
section 6, shall,-
(a) undertake necessary survey of land in a slum area or any part
thereof, whenever it thinks fit, to prepare the slum map, establish
the locations and spatial dimensions of the slum households into the
Geographic Information System (GIS) platform, capture socio-
economic data of the slum households, collate spatial information
with respect to network of basic infrastructure like roads, drainage,
water supply, sewerage, street light etc.;
(b) cause maintenance, revision and correction of survey records, maps
and entries in registers;
(c) approve a list of slum dwellers eligible for proprietary rights and
cause to be maintained a register containing details of slum dwellers
at the Urban Local Body level;
(d) ensure that a certificate of proprietary rights is provided to the eligible
slum dweller in a time-bound manner:
Provided that where due to reasons of untenability, the
certificate of proprietary rights cannot be provided to slum dwellers,
eligibility certificate may be provided to the eligible slum dweller.
(e) ensure preparation of database regarding tenable and untenable
slum areas and share it with the State Government;
(f) identify land available in urban areas for making provisions for
rehabilitation;
(g) formulate plans and projects for slum redevelopment and
rehabilitation so as to cover all slums in a time-bound manner;
(h) facilitate implementation of the schemes for slum redevelopment
and rehabilitation;
(i) encourage community participation at various stages of slum
redevelopment and rehabilitation;
(j) constitute sub-committees for implementing the provisions of the
Act and these rules; and
(k) review and coordinate the activities of the sub-committees, agencies PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 19, 2020 611
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and experts engaged and put in place effective implementation,
monitoring and evaluation systems.
(2) The Committee shall discharge such other functions in accordance
with the guidelines, orders or standard operating procedures, as may be issued
by the State Government, from time to time.
Section 7.
4. Manner of conduct of business of Committee. - (1) The meetings of
the Committee shall be convened by the Chairperson of the Committee or by
any member nominated by the Chairperson, in this behalf, and shall be held at
such intervals, time and place, as may be decided by the Committee.
(2) The Chairperson of the Committee or in his absence, any other
member nominated by the Chairperson, shall preside over the meeting.
(3) The quorum necessary for the conduct of business of the Committee
shall be four.
(4) The Member- Secretary or such officers and employees of the
Committee, nominated by the Chairperson of the Committee shall maintain the
records, accounts, receipts and documents connected with the business of the
Committee.
5. Framework for operationalization. - To facilitate the operationalization
of the Act, the following committees shall be notified, namely : -
(1) An Empowered Committee shall be notified at the State level as
the policy making body for guiding the overall implementation of the Act and
these rules and enable frameworks for taking decisions concerned with the
transfer of land through the process of inter-departmental coordination.
(2) A Steering Committee shall be notified as the body to steer the
inter-departmental issues and operationalization of the Act and these rules.
The functions of the Steering Committee shall be guided by the Empowered
Committee.
6. Powers and functions of the Authorised Officer.- In addition to the
powers and functions specified in the Act, the Authorised Officer, as defined
Clause (a) of sub -section 1 of section 2.
in clause (a) of sub-section (1) of section 2, shall exercise the following powers
and functions, namely: -
(a) to enter upon any land or premises within the slum area or part
thereof under survey between the hours of sunrise and sunset;
(b) to cause a notice in writing to be served on the slum dwellers,
calling upon them to appear before him within a specified time for
the purpose of pointing out boundaries and for producing such 612 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 19, 2020
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information, as may be required; and every person on whom such
notice may be served shall be bound to appear as required by the
notice and to give any information which may be required and is
within his knowledge;
(c) after due service of notice under clause (b), to proceed with the
survey whether the persons upon whom such notice has been served
are present or not; and every such person who fails to appear as
required by the said notice shall be bound by the results of the
survey in the same manner and to the same extent as if the survey
were made in his presence;
(d) to hold an inquiry, if in the course of a survey, a dispute is found to
exist as to the boundaries of any land to be surveyed, summon and
enforce attendance of witnesses, compel production of documents
and to pass an order, in writing, after giving opportunity of being
heard to the parties involved;
(e) to issue the certificate of proprietary rights to the eligible slum
dwellers in Form I, upon approval by the Committee;
(f) to issue eligibility certificate to the slum dwellers for an interim
period in Form II, where the certificate of proprietary rights cannot
be provided due to impending issues such as tenability etc.;
(g) to facilitate determination of rates for excess land or to ascertain
the severability of the excess land or the vacation of the excess
land or practicability of repossessing the excess land, as the case
may be.
(h) to ensure that, post providing the certificate of proprietary rights,
there is a mutation in the land records in accordance with the
provisions of the Punjab Land Revenue Act, 1887; and
(i) to exercise such powers and perform such duties, not inconsistent
with the provisions of the Act and these rules.
7. Manner for determination of rate for occupied land within
permissible limit .- (1) Subject to the provisions of clause (b) of sub-section
Clauses (b) and (c) of sub-section (2) of section 3.
(2) of section 3, the proprietary rights of the slum dweller belonging to EWS
category occupying land within the stipulated permissible limit of thirty square
meter in the Municipal Corporation area, forty-five square meter in the Municipal
Council area and sixty square meter in the Notified Area Committee, as mentioned
in clause (a) of sub-section (2) of section 3, shall be settled free of cost.
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(2) Subject to the provisions of clause (c) of sub-section (2) of section
3, the slum dweller belonging to a category other than EWS, shall have to pay
the price of the land at the rate of 12.5 per cent of the Collector rate, within the
permissible limit of thirty square meter in the Municipal Corporation area,
forty-five square meter in the Municipal Council area and sixty square meter
in the Notified Area Committee, as mentioned in clause (a) of sub-section (2)
of section 3.
8. Procedure for determination of rates for excess land.- (1) In normal
circumstances, if the slum dweller is in occupation of land in excess of the
Clauses (a) and (d) of sub-section 2 of section 3.
permissible limit provided under clause (a) of sub-section (2) of section 3, he
shall voluntarily vacate such excess land. However, in case the excess land is
not severable then, irrespective of the category a slum dwellers may belong to
and subject to the provisions of clause (d) of sub-section (2) of section 3 and
the procedures laid down by the Government from time to time, the excess
land shall be settled in favour of such slum dweller occupying land beyond the
permissible limit upon payment of the price of the excess land in occupation
which shall be fixed in the following manner, namely:-
(i) for Economically Weaker Sections (EWS), at the rate of 12.5 per
cent of the Collector rate; and
(ii) for non- Economically Weaker Sections, i.e., having annual income
above rupees three lakhs, at the rate of 25 per cent of the Collector
rate:
Provided that the excess land shall be settled at the Collector
rate if the land occupied is exceeding,
(i) 60 square meters, where the slum is situated within the Municipal
Corporation area;
(ii) 75 square meters, where the slum is situated within the Municipal
Council area; and
(iii) 90 square meter, where the slum is situated within the Notified
Area Committee.
(2) The excess land repossessed shall be constructively utilised for
such purpose, as may be decided by the State Government.
(3) If the slum dweller is not willing to pay the price of the excess land
or does not want to retain the excess land due to any reason, as provided in
clause (d) of sub-section (2) of section 3, the occupant shall voluntarily vacate
such excess land and the Authorised Officer, shall record the reasons, in writing, 614 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 19, 2020
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and take over the constructive possession of such excess land and issue a
Certificate of Proprietary Rights.
Explanation.- While taking over constructive possession, the Authorized
Officer may demolish the unauthorized construction, place identification marks
or restrict the accessibility of such excess land in a reasonable manner, as he
deems fit.
9. Manner of surrender of certificates .- (1) Subject to the provisions
Sub-section 6 of section 3.
of sub-section (6) of section 3, the slum dweller holding more than one certificate
of proprietary right shall immediately surrender all such certificates to the
concerned Authorised Officer and shall not use certificates for any purpose
whatsoever.
(2) The Authorised Officer, upon receipt of such certificates, shall cancel
them and shall cause revision of the necessary records and intimate the same
to the Committee at its next meeting.
Section 8.
10. Manner of filing, hearing and disposal of appeals .- (1) Every appeal
made under section 8 shall be preferred within a period of thirty days from the
date on which a copy of the direction or order or decision made under the Act
or these rule is received by the aggrieved person and it shall be in Form III:
Provided that the Appellate Authority may entertain any appeal after the
expiry of thirty days if it is satisfied that there was sufficient cause for not
filing it within that period.
(2) On receipt of an appeal under sub-rule (1), the Appellate Authority
may, after giving the parties an opportunity of being heard, pass such orders,
including interim orders, as it thinks fit.
(3) The Appellate Authority shall send a copy of every order made by
it to the concerned parties and to the Committee or the Authorized Officer, as
the case may be.
(4) The appeal preferred under sub-rule (1), shall be dealt with as
expeditiously as possible and endeavour shall be made to dispose of the appeal
within a period of sixty days from the date of receipt of the appeal:
Provided that where any such appeal could not be disposed of within
the said period of sixty days, the Appellate Authority shall record its reasons in
writing for not disposing of the appeal within that period.
(5) The Appellate Authority may, for the purpose of examining the
legality or propriety or correctness of any order or decision made under the
Act or these rules, on its own motion or otherwise, call for the records relevant PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 19, 2020 615
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to dispose of such appeal and make such orders as it thinks fit.
Section 12.
11. Powers and Functions of the Nodal Agency.- (1) In addition to the
powers and functions specified in the Act, the Nodal Agency shall exercise the
following powers and functions, namely:-
(a) to facilitate State level coordination among various functionaries;
horizontally across urban local bodies and vertically among the
urban local body, District and State;
(b) to facilitate inter-departmental coordination across the State;
(c) to facilitate participatory redevelopment of the slum areas across the
State; and
(d) to facilitate resolution of any genre of dispute or discords among the
various functionaries and stakeholders.
(2) the Nodal Agency shall exercise such powers and perform such
duties not inconsistent with the provisions of the Act and these rules.
12. Management and utilisation of Municipal Area Development Fund.-
Section 10.
(1) The concerned Urban Local Body shall be responsible for the management
of the Municipal Area Development Fund, constituted under section 10 of the
Act.
(2) The Fund shall be applied for creation and up-gradation of urban
infrastructure, living conditions and environment in slums within the Urban
Local Body and incidental expenses relating to its operation and maintenance.
(3) If adequate infrastructure has been created and upgraded in slums,
subject to the prior approval of Government, the Fund can also be utilized for
development works in other areas falling within the limits of Urban Local
Body.
(4) An authority may be designated or a sub-committee may be
appointed to spend monies out of the Fund for carrying out the objects for
which the Fund has been constituted.
(5) The Fund may be utilised and spent in accordance with the guidelines,
orders or standard operating procedures issued by the Government, from time
to time.
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FORM I
See rule 6 (e)
Certificate of Proprietary Rights
Certificate No.
Name(s) of holder(s) of proprietary rights (including spouse)
Name: Name:
Family Details
Name of the father/mother: Name of dependant family members:
Address
Door No.: District: Municipal Corporation /
Municipal Council/ NAC:
Road/Street/ Slum:
Ward No. Phone No.
Pincode:
Other details
Aadhar No./ Identification No.:
Details of the land settled
Description of boundaries by prominent Area (in sq. m.) landmarks:
The proprietary rights issued by this certificate are inheritable but not transferable by sub-lease, sale, gift or any other manner whatsoever for a period of thirty years under sub section (3) of section 3 of the Act.
The certificate of proprietary rights may be mortgaged for the purpose of raising finance in the form of housing loan from any financial institution.
The certificate of proprietary rights shall be acceptable as evidence for address proof.
I/We, the undersigned, hereby, for and on behalf of the Government of Punjab affix my/our signature(s) to issue the above certificate of proprietary rights.
Date:
District Collector/ Authorised Officer PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 19, 2020 617
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FORM II
See rule 6 (f)
Eligibility Certificate
Eligibility Certificate No.
Name(s) of holder(s) (including spouse)
Name: Name:
Family Details
Name of the father/mother: Name of dependant family members:
Address
Door No.: District: Municipal Corporation/
Municipal Council/ NAC:
Road/Street/ slum:
Ward No.: Phone No.
Pin code:
Other details
Aadhar No./Identification No.: EWS/ non-EWS: Other Information:
The above mentioned slum HH will be eligible for Proprietary Rights Certificate and can claim entitlement as and when a resettlement scheme is operationalized in the concerned ULB subject to the terms and conditions of the Punjab Slum Dwellers Land Rights (Proprietary Rights) Act, 2020 and the allied Rules.
I/We, the undersigned, hereby, for and on behalf of the Government of Punjab affix my/our signature(s) to issue the above eligibility certificate.
Authorised Officer 618 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 19, 2020
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Form III
See rule 10
FORM FOR APPEAL
To, The Appellate Authority …………..…..…………. ………………… (Name & Address)
1. Name and Address of the Appellant (including phone no.)
__________________________________________________________ __________________________________________________________ __________________________________________________________
2. Name of the SARRC/ Authorized Officer against the decision of whom the appeal is preferred: __________________________________________________________ __________________________________________________________ 3. Details of order of the SARRC/ Authorized Officer:
Order/Notification No. __________ dated ________
4. Date of receipt of order by the Appellant:_____________________________
5. Brief facts leading to the appeal:
__________________________________________________________ __________________________________________________________ __________________________________________________________ 6. Relief sought:
__________________________________________________________ __________________________________________________________
7. Grounds for relief:
__________________________________________________________ __________________________________________________________
8. Any other information necessary for deciding the appeal:
__________________________________________________________ __________________________________________________________
9. List of enclosures:
a) Copy of the order/notification, against which appeal is being preferred b) Any other documents, if any (specify):
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 19, 2020 619
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Declaration
I … … … … … … … … … … … … … … … … … … … s o n / d a u g h t e r of….……………………residing at …………………………… ………………………………………. verify that the contents of the above appeal filled by me are true to the best of my knowledge and belief.
Name of Appellant:
AJOY KUMAR SINHA, Secretary to Government of Punjab,
Department of Local Government.
2161/11-2020/Pb. Govt. Press, S.A.S. Nagar
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF REVENUE, REHABILITATION AND
DISASTER MANAGEMENT
NOTIFICATION
The 17th November, 2020
No. G.S.R. 96/Const./Art.309/P.A.17/1887/Ss. 28 and 156/Amd.(5)/2020.-With
reference to the Government of Punjab, Department of Revenue, Rehabilitation and Disaster Management, Notification No.G.S.R.81/Const./Art.309/P.A.17/1887/Ss.28 and 156/Amd./ 2020 dated 5th October, 2020 and in exercise of the power conferred by Article 309 of the Constitution of India read with Section 28 of the Punjab Land Revenue Act, 1887 (Punjab Act No.17 of 1887) and all other power enabling him in this behalf, the Governor of Punjab is pleased to make the following rules further to amend the Punjab Revenue Kanungos (Group 'C') Services Rules, 1994, namely:-
RULES
1. (1) These rules may be called the Punjab Revenue Kanungos (Group 'C') Service
(Amendment) Rules, 2020.
(2) They shall come into force at once.
2. In the Punjab Revenue Kanungos (Group 'C') Service Rules, 1994, in rule 8, in sub
rule (1), in clause (ii) for the words "ten years", the words "seven years" shall be substituted.
VISWAJEET KHANNA,
Financial Commissioner Revenue and
Secretary to Government of Punjab,
Department of Revenue, Rehabilitation
and Disaster Management.