The Punjab Abadi Deh (Record of Rights) Act, 2021. (Punjab Act No. 8 of 2021)

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
CHANDIGARH, THURSDAY , APRIL 1, 2021
(CHAITRA 11, 1943 SAKA)
( xliii )
LEGISLATIVE  SUPPLEMENT
Contents Pages
Part - I Acts
1. The Punjab Excise (Amendment) Act, 2021.
(Punjab Act No. 7 of 2021).
2. The Punjab Abadi Deh (Record of Rights)
Act, 2021.
(Punjab Act No. 8 of 2021)
3. The Sardar Beant Singh State University
Act, 2021.
(Punjab Act No. 9 of 2021)
4. The Shaheed Bhagat Singh State University
Act, 2021.
(Punjab Act No. 10 of 2021)
5. The Punjab Motor Vehicles Taxation
(Amendment) Act, 2021.
(Punjab Act No. 11 of 2021)
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction  Slips,  Republications and
Replacements
                         Nil      ______
..    43-44
..    45-58
..    59-78
..    79-96
..    97-107
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 1st April, 2021
No. 7-Leg./2021.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 24th day of
March, 2021, is hereby published for general information:-
THE PUNJAB EXCISE (AMENDMENT) ACT, 2021
(Punjab Act No. 7 of 2021)
AN
 ACT
further to amend the Punjab Excise Act, 1914.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
second Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Excise (Amendment) Act, 2021.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In the Punjab Excise Act, 1914 (hereinafter referred to as the principal
Act), in section 61, in sub-section (1),-
(i) after clause (c) and before the proviso, for the words “three years”,
the words “five years” shall be substituted; and
(ii) in the proviso, in item (v), for the words and sign “ten cases i.e.
Ninety”, the words and sign “twenty-seven” shall be substituted.
3. In the principal Act, after section 61, the following section shall be inserted,
namely:-
“61-A (1). Whoever mixes or permits to be mixed with any liquor
sold or manufactured or possessed by him any noxious
drug or any foreign ingredient likely to cause disability
or grievous hurt or death to human beings, shall be
punishable –
(a) if as a result of such an act, death is caused, with death or
imprisonment for life and shall also be liable to fine which may
extend to twenty lakh rupees;
(b) if as a result of such an act, disability or grievous hurt is caused,
with imprisonment for a term which shall not be less than six years
but which may extend to imprisonment for life and with fine which
may extend to ten lakh rupees;
Short title and
commencement.
Amendment in
section 61 of
Punjab Act 1 of
1914.
Insertion of new
section 61-A in
Punjab Act 1 of
1914.Penalty for
mixing or
permitting to mix
with liquor any
noxious drug.
43
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(c) if as a result of such an act, any other consequential injury is caused
to any person, with imprisonment for a term which may extend to
one year and with fine which may extend to five lakh rupees;  and
(d) if as a result of such an act, no injury is caused, with imprisonment
which may extend to six months and with fine which may extend to
two lakh and fifty thousand rupees.
Explanation.- For the purpose of this section, the expression “grievous hurt”
shall have the same meaning as in section 320 of the Indian
Penal Code, 1860.
(2)     (i) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), the court, when passing
an order under this Act, if it is satisfied that death or injury has been
caused to any person due to consumption of liquor sold in any place,
order the manufacturer and seller, whether or not he is convicted of
an offence, to pay, by way of compensation, an amount  not less
than five lakh rupees to the legal representatives of each deceased
or three lakh rupees to the person to whom grievous hurt has been
caused,  or fifty thousand rupees to the person for any other
consequential injury:
Provided that where the liquor is sold in a licensed shop, the
liability to pay the compensation under this section shall be on the licensee;
(ii) Any person aggrieved by an order under clause (i) may, prefer an
appeal to the High Court within a period of ninety days from the
date of receipt of certified copy of order:
Provided that no appeal can be filled by the accused unless
the amount ordered to be paid under clause (i) is deposited by him
in the court:
Provided further that the High Court may entertain appeal
after the expiry of the said period of ninety days if it is satisfied that
the appellant was prevented by sufficient cause from preferring
the appeal in time.”
4. In the principal Act, in section 63, for the words “one year” and “one
thousand”, the words “three years” and “ten thousand” shall respectively be
substituted.
Amendment
in section
63 of  Punjab
Act 1 of 1914.S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
2265/4-2021/Pb. Govt. Press, S.A.S. Nagar
44
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 1st April, 2021
No. 8-Leg./2021.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 26th day of
March, 2021, is hereby published for general information:-
THE PUNJAB ABAD DEH (RECORD OF RIGHTS) ACT, 2021
(Punjab Act No. 8 of 2021)
AN
 ACT
 to provide for recording and resolving of proprietary rights of abadi
deh area in the revenue estates and for matters connected therewith or incidental
thereto.
WHEREAS, the abadi deh area in Punjab has remained without
recording of rights of the proprietors, preparation of record, or the marking of
boundaries by carrying out a survey. This has over the years resulted in disputes
about demarcation of boundaries and identification of rights in the dwelling and
other areas; besides causing hardship in the effective transfer of rights;
WHEREAS, the object of this Act is to identify, record and resolve
the existing rights of the proprietors within the abadi deh by a process of
ascertaining the person(s) best entitled to be recorded as proprietor; besides,
demarcating, delineating the boundaries and areas of each survey unit. It is to
create a presumption of truth in the records so prepared.
WHEREAS, the preparation of this record would provide for
development of the abadi deh that preserves the heritage of the village to the
extent possible, provide and upgrade civic services and environment in villages
to integrate them with planned urban development, enhance the land value by
improving the lay out and provide a road map for development norms for
villages in an easy and simple manner.
45
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
BE it enacted by the Legislature of the State of Punjab in the Seventy-
second year of the Republic of India, as follows: -
 CHAPTER 1
PRELIMINARY
1. (1) This Act may be called the Punjab Abadi deh (Record of
Rights) Act, 2021.
(2) It extends to the whole of the State of Punjab.
(3) It shall come into force with immediate effect:
Provided that it shall come into effect for the abadi deh area falling
within the limits of a municipal area on the date as may be notified in this
regard.
2. In this Act, unless the context otherwise requires, -
(a) “Abadi deh” means the site recorded as such in the Record
of Rights prepared and maintained under the Revenue Act,
which is not assessed to land revenue and includes such land
in a municipal area;
(b) “Appointed day” means the first day of January, 2021;
(c) “Assistant Recording and Resolution Officer” means a
Revenue Officer not below the rank of Naib-Tehsildar under
the Revenue Act or the Executive Officer of the municipal
body notified to perform functions under this Act;
(d) “Chief Recording and Resolution Officer” means the Collector
of the district under the Revenue Act, notified to perform
functions under this Act;
(e) “Commissioner” means the Commissioner of the division  under
the Revenue Act, notified to perform functions under this Act;
(f) “Common area” means an area or building within the abadi
deh used for any common need, convenience or benefit of
the community and includes roads, paths,streets, public parks,
drains, public toilets, ponds and tanks, wells, water courses,
play grounds, bus stand or waiting places, places used for
Short title,
extent and
commence-
ment.
Definitions.
46
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
public sittings and gatherings or for any such other purposes
used by the inhabitants, and any vacant site or plot not owned
by any  person; but does not include a building or area which
houses an institution under the control of the Central or State
Government;
(g) “Financial Commissioner” means the Financial Commissioner,
Revenue in the Government notified to perform the functions
under this Act;
(h) “Government” means the Government of Punjab in the
Department of Revenue, Rehabilitation and Disaster
Management;
(i) “Municipal body” means a body constituted under the Punjab
Municipal Corporation Act, 1976 (Punjab Act No. 42 of 1976)
or the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911);
(j) “Notification or notified” means a notification published by
the Government in the Official Gazette;
(k) “Panchayat” means a Gram Panchayat constituted under the
Punjab Panchayati Raj Act, 1994 (Punjab Act No. 9 of  1994);
(l) “Prescribed” means prescribed by rules made under this Act;
(m) “Proprietary right” means the right of ownership recorded in
the name of a person, panchayat, municipal body, Central or
State Government, juristic person or any other entity but does
not include the rights of a tenant, lessee, mortgagee or any
other right which does not confer ownership;
(n) “Recording and Resolution Officer” means a revenue officer
not below the rank of Sub-Divisional Magistrate notified to
perform functions under this Act;
(o) “Revenue Act” means the Punjab Land Revenue Act, 1887
(Punjab Act No. XVII of 1887);
(p) “Revenue Officer” means a revenue officer exercising the
powers under the Revenue Act;
47
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(q) “Survey Officer” means an officer appointed by the
Government to act and perform functions under this Act;
(r) “Survey unit” means the area within the abadi deh, to which
a survey number is assigned under this Act;
(s) “Village Committee” means the committee nominated in the
village or municipal area, as the case may be, by the Assistant
Recording and Resolution Officer, with its composition as
prescribed to identify the ownership of survey units and
common areas set apart for common purposes within the
abadi deh; and
(t) Words and expressions used in this Act but not defined herein,
have the meanings assigned to them under the Revenue Act.
CHAPTER II
OFFICERS AND POWERS
3. (1) Subject to the provisions of this Act, there shall be the following
officers notified to perform the functions and exercise powers under this Act,
namely: -
(a) Financial Commissioner;
(b) Commissioner;
(c) Chief Recording and Resolution Officer;
(d) Recording and Resolution Officer;
(e) Assistant Recording and Resolution Officer; and
(f)  Survey Officer.
(2) Subject to the provision of this Act, the officers mentioned in
clauses (b), (c), (d) and (e) of sub-section (1) shall have, for the purposes of
discharging their functions under this Act, the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908, in respect of the following
matters, namely: -
(i) the summoning and enforcing the attendance of any person
and examining him;
Officers.
48
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(ii) requiring the discovery and production of documents;
(iii) receiving evidence on affidavit;
(iv) subject to the provisions of sections 123 and 124 of the Indian
Evidence Act, 1872, requisitioning any public record or
document or copy of such record or document from any office;
and
(v) issuing commissions for the examination of witnesses or
documents.
4. (1) The superintendence and control over all officers in their
administrative functioning under this Act shall vest in the Financial
Commissioner, and all such officers shall be subordinate to him.
(2) Subject to the superintendence and control of the Financial
Commissioner, the Chief Recording and Resolution Officer shall control all
other officers under this Act, in his district.
(3) Subject as aforesaid and to the control of the Chief Recording
and Resolution Officer, the Recording and Resolution Officer shall control all
other officers under this Act, in his sub-division.
CHAPTER III
SURVEY, MAPPING AND IDENTIFICATION
5. The Government may, by notification, specify any abadi deh in a
district, sub-division of a district, municipal area or a village as an area for the
purpose of identifying, recording and resolving the rights in each survey unit.
6. (1) The Government shall appoint a Survey Officer for each area
notified under section 5 to conduct a survey in the manner as may be prescribed.
(2) The Government, upon notifying areas of which the standing
record of rights within an abadi deh is to be prepared, shall itself or through a
notified agency get a survey conducted and mapping done of such area to
determine the boundary of the abadi deh, define the area and dimensions of
each survey unit, and assign a unique survey number to each such unit.
(3) The survey reports and maps prepared of the area shall be
submitted to the Assistant Recording and Resolution Officer for the purpose
of preparing the standing record of rights in the survey units.
Superinten-
dence
and control of
Officers.
Identification
of abadi deh
area.
Survey and
mapping.
49
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
CHAPTER IV
STANDING RECORD OF RIGHTS AND ITS MAKING
7. There shall be a standing record of rights for each abadi deh area,
which shall comprise the following, namely: -
(i) the record of proprietary rights of each survey unit prepared
under this Chapter;
(ii) the survey reports and maps prepared under Chapter III with
dimensions;
(iii) the record of proceedings of the meetings of the village
committee; and
(iv) such other document as may be prescribed or notified.
8. (1) The Assistant Recording and Resolution Officer, on his being
designated as such, shall constitute a village committee for identifying the
proprietary rights of the proprietors in the survey units.
(2) The Assistant Recording and Resolution Officer, in respect of
the abadi deh of which the standing record of rights is to be prepared, shall
inform the inhabitants of the area, in the manner prescribed, about the proposal
to prepare such record for each of the survey unit.
9. (1) The Assistant Recording and Resolution Officer, after
deliberations and consultations with the village committee and hearing the parties
interested, shall, in a summary manner, and as may be prescribed, record the
proposed entries of proprietors and their proprietary rights and of the boundaries
of the survey unit in the standing record of rights, as on the appointed day.
(2) The entry of proprietor and his or its proprietary rights shall
be recorded by the Assistant Recording and Resolution Officer in the name of –
(i) the owner of the built up dwelling and residential areas including
its open or enclosed court yards, other vacant land and plots
of owners not being a common area, shops and other
establishments;
(ii) the panchayat and the municipal body for the common area,
vacant land or plot not owned by any person; and
Standing
record of
rights.
Inquiry by
the Assistant
Recording
and
Resolution
Officer.
Preparation
of standing
record of
rights.
50
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(iii) the Central, State Government, juristic person or other entity
in respect of the land or institutions owned by it.
(3) In the conduct of exercise under sub-sections (1) and (2) if a
survey unit is found to be sub-divided, which escaped the attention of the
Survey Officer, the Assistant Recording and Resolution Officer shall assign a
unique number to each such survey unit.
10.  The survey map prepared by the Survey Officer under section 6 and
the record of entries of proprietors in a survey unit prepared under section 9,
shall be displayed at a conspicuous place in the village and a copy thereof
supplied to the Panchayat through the Sarpanch of the village or the Chief
Executive of the municipal body, as the case may be, in the manner, as may be
prescribed.
11. (1) A person aggrieved by the demarcation of any boundary in
the survey record, or an entry regarding the proprietary rights in the standing
record of rights in a survey unit, may, within ninety days from the date of
display of record under section 10, file objections about the correctness thereof
before the Assistant Recording and Resolution Officer.
(2)  The Assistant Recording and Resolution Officer after hearing
the parties and perusing the record, if any, shall make necessary correction of
the boundaries in the survey map, and ascertain the person best entitled to be
recorded as the proprietor in the survey unit, and within sixty days of the
expiry of the period under sub-section (1), pass an order in this regard by
recording reasons.
Explanation. - The recording of the proprietary rights of a person in a
survey unit shall not be conclusive proof of ownership and shall be subject to
corrections and alterations in appeal or revision under this Act as also the
rights so determined by a judgment and order of a court of competent jurisdiction.
(3)  An entry recorded in the standing record of rights under section
9, if no objection is filed within the period provided under sub-section (1), shall
be treated as final.
(4) The Assistant Recording and Resolution Officer shall thereafter
in the manner prescribed, publish the record as finalized, which shall incorporate
an order that may be passed under sub-section (2).
Display of
record.
Raising of
objections
and decision.
51
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(5) The standing record of rights finalized by the Assistant
Recording and Resolution Officer shall be amended or modified in the event of
an order passed under sub-section (4) is set aside, modified or reversed in
appeal, review or revision.
CHAPTER V
APPEAL, REVIEW AND REVISION
12. (1) Any person aggrieved by an order passed by the Assistant
Recording and Resolution Officer under section 11   may, within thirty days of
the passing of such order, file an appeal before the Recording and Resolution
Officer.
(2) The Recording and Resolution Officer after hearing the parties
interested and likely to be affected either accept the appeal or dismiss the
same by passing a reasoned order.
(3) Any person aggrieved by an order passed by the Recording
and Resolution Officer under sub-section (2) may, within thirty days of the
passing of such order, appeal to the Chief Recording and Resolution Officer,
who shall after hearing the parties interested and likely to be affected either
accept the appeal or dismiss the same by passing a reasoned order.
(4) Appeals under sub-sections (2) and (3) shall be decided by
the Recording and Resolution Officer and the Chief Recording and Resolution
Officer, as the case may be, within sixty days from the date the respondent
puts in appearance after notice or is proceeded against ex-parte unless for
reasons to be recorded in writing it is directed otherwise.
(5)  An appellate authority shall not remand a case except where
it is established from the record that an adverse order has been passed against
a necessary party who was not duly served.
13. The Assistant Recording and Resolution Officer, the Recording and
Resolution Officer and the Chief Recording and Resolution Officer, may within
sixty days of the order sought to be reviewed either on their own motion or on
the application of a party interested, after notice to the party likely to be affected
and giving reasonable hearing, review, and on so reviewing, modify, reverse or
confirm any order passed by himself or his predecessor in office:
Appeals.
Review.
52
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
Provided that -
(i) when an Assistant Recording and Resolution Officer finds it
necessary to review any order, he shall first obtain the sanction
of the Recording and Resolution Officer;
(ii) when a Recording and Resolution Officer finds it necessary
to review any order, he shall first obtain the sanction of the
Chief Recording and Resolution Officer;
(iii) when a Chief Recording and Resolution Officer finds it
necessary to review any order, he shall first obtain the sanction
of the Commissioner;
(iv) when any such order is modified or reversed on review by the
Assistant Recording and Resolution Officer, or the Recording
and Resolution Officer, an appeal shall lie against the order of
the Assistant Recording and Resolution Officer to the Recording
and Resolution Officer, and from the order of the Recording
and Resolution Officer to the Chief Recording and Resolution
Officer, and the order on such appeal shall be final;
(v) an order against which an appeal or revision has been preferred
shall not be reviewed; and
(vi) an appeal shall not lie from an order refusing or granting
permission to review or confirming on review a previous
order.
14. The Commissioner may, on an application of an aggrieved party, within
sixty days of an order being passed, call for and examine the records relating
to any order passed or proceedings taken under this Act for the purpose of
satisfying himself as to the legality or propriety of such order or proceedings
and after hearing the affected parties, may pass such order in relation thereto
as he may deem fit and modify, reverse or confirm any order passed under this
Act.
15. An order of an officer passed under this Act shall be subject to a
decree or order which may be passed by a court of competent jurisdiction.
Revision by
Commis-
sioner.
Decree or
order of the
court.
53
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
CHAPTER VI
TRANSFER OF RECORD
16. After preparation and finalization of the standing record of rights of
the abadi deh area, it shall be attested by the Assistant Recording and Resolution
Officer and transferred to the District Collector for maintaining and revising it
under the Revenue Act.
17. The provisions of Chapter IV of the Revenue Act after transfer of the
record under section 16 shall apply mutatis mutandis to such record.
CHAPTER VII
PARTITION
18. A partition of survey units comprised in abadi deh may be allowed by
a Revenue Officer after the standing record-of- rights has been transferred,
and only if the partition has been affirmed by all interested parties with a map
showing the proposed partition signed by all persons having proprietary rights:
Provided that the Revenue Officer after examining such of the co-
proprietors of the survey unit and other persons may, if he is of the opinion that
the survey unit is impartible or the partition is impractical and there is good and
sufficient cause why partition should be disallowed, refuse to partition the
survey unit by recording the grounds of his refusal.
19. An application for the partition of a survey unit, in the event of a
dispute, shall not lie before the Revenue Officer and the party aggrieved may
approach the civil court for partition.
CHAPTER VIII
MISCELLANEOUS
20. (1) A summons issued by an officer appointed under this Act
shall be served–
(i) personally, on the person to whom it is addressed, or failing him;
(ii) his recognized agent; or
(iii) an adult member of his family usually residing with him.
(2) A summons may also be served by pasting a copy thereof at
the usual or last known place of residence of the person to whom it is addressed.
Transfer of
record to
the District
Collector.
Application
of Chapter
IV of
Revenue
Act.
Partition of
survey
units.
Disputes as
to
partition.
Summoning.
54
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(3) A summons may, if an officer appointed under this Act so
directs, be served on the person named therein, either in addition to, or in
substitution for, any other mode of service, by forwarding the summons by
post in a letter addressed to the person and registered under Chapter VI of the
Indian Post Office Act, 1898 (Central Act VI of 1898), or sent through a
reputed courier agency notified by the Government in this regard.
(4) When a summons is so forwarded in a letter, and it is proved
that the letter was properly addressed and duly posted and registered, the
officer appointed under this Act may presume that the summons was served
at the time when receipt of its delivery is furnished:
Provided that in case of a letter sent through registered post, its delivery
may be presumed after thirty days if it is not received back undelivered within
this period.
(5) A summons may also be served on the person named therein
by publication of the contents thereof in a daily Punjabi newspaper having
wide circulation:
Provided that if the summons relates to a case in which persons having
the same interest are so numerous that personal service on all of them is not
reasonably practicable, it may, in the first instance and if the officer appointed
under this Act so directs, be served by delivery of a copy thereof to such of
those persons as the officer appointed under this Act nominates in this behalf,
and by publication of the contents thereof in a daily Punjabi newspaper having
wide circulation, for the information of the other persons interested.
(6) The summons may also be served through Short Message
Service, email, or through other electronic modes at the phone number or
e-mail address otherwise known or made known, to the officer appointed under
this Act:
Provided that if service is effected through any of the above modes, a
printout of the delivery of summons shall be placed on the record.
(7) A notice, order of proclamation or copy of any such  document,
issued by an officer under this Act for service on any person shall be served in
the manner provided in this section for the service of a summons.
55
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(8)  Any of the modes of service provided in sub-sections (2), (3),
(5) or (6) may be adopted simultaneously in addition to the mode of service
provided in sub-section (1).
21. Any entry made in a standing record-of-rights in accordance with the
provisions of this Act shall be presumed to be true until the contrary is proved
or a new entry is lawfully substituted therefor.
22. If any person considers himself aggrieved as to any right of which he
is in possession by an entry in a standing record-of-rights, he may institute a
suit for a declaration of his right under Chapter VI of the Specific Relief Act,
1963(Central Act No. 47 of 1963).
23. The clerical or arithmetical mistakes in any order passed by any officer
under this Act may, at any time be corrected by the authority concerned either
of its own motion or on the application of any of the parties and an intimation of
such correction shall be made to the parties free of any charges and also to the
concerned officer for its implementation.
24. No suit, prosecution or other legal proceedings shall lie against any
officer under this Act or any official acting under the directions of such officer,
for anything which is in good faith done or intended to be done under the
provisions of this Act or any rule made thereunder.
25. (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 provision, 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 a 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.
26. Except as otherwise provided in this Act, no civil court shall entertain
any suit instituted or application made to obtain a decision or order in respect
of any matter which the Government or any officer is by this Act empowered
Presump-
tion in
favour of
entries in
the standing
record of
rights.
Suit for
declaratory
decree by
persons
aggrieved
by an entry
in a record.
Correction of
clerical errors.
Protection of
action taken
in good faith.
Power to
remove
difficulties.
Exclusion of
jurisdiction of
civil courts.
56
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
to determine or dispose of.
27. The officers under this Act and any person acting under their orders
may, in the discharge of any duty under this Act, enter upon and survey land in
the manner prescribed, put and erect survey marks thereon and demarcate the
boundaries thereof and do all other such acts necessary for the proper
performance of that duty.
28. (1) If any person willfully destroys, dismantles or without lawful
authority removes a survey or demarcation mark lawfully erected or put, he
may be ordered by the Recording and Resolution Officer to pay such fine not
exceeding rupees one thousand for each mark so destroyed, dismantled or
removed, as may, in the opinion of that officer, be necessary to defray the
expenses of restoring the same and rewarding the person, if any, who gave
information of the destruction, dismantling or removal.
   (2) The amount of fine levied under sub-section (1), if not paid in
the manner prescribed, shall be recoverable as arrears of land revenue under
the Revenue Act.
   (3) The imposition of a fine under this section shall not bar a
prosecution under section 434 of the Indian Penal Code, 1860 (Central Act
No. 45 of 1860); or prosecution of the offender under any other law for the
time being in force.
29. (1)  The Government may, by notification, in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2)  In particular, and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the following matters
under this Act, namely: -
(a) the composition and members of the village committee;
(b) the appointment or nomination of officers under this Act for
carrying out its intent and purpose;
(c) the documents to be comprised in the standing record of rights;
Powers of
officers to
enter upon
land, dwelling
and habitation
areas, survey
units for the
purposes of
survey and
demarcation.
Penalty for
destruction,
dismantling or
removal of
survey marks
and demarcation.
Power of the
Government
to make rules.
57
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(d) the manner in which the standing records of rights is to be
prepared, displayed and published;
(e) the procedure for the transfer of the standing records-of-rights
prepared under this Act to the revenue authorities under the
Revenue Act;
(f) the procedure for the imposition and deposit of fine imposed
by the Recording and Resolution Officer for willfully destroying,
dismantling or without lawful authority removing a survey
demarcation mark;
(g) the forms for the service of summons, display, publication,
preparation and maintenance of records under this Act;
(h) the manner in which boundaries of all or any survey unit are
to be demarcated and the survey marks to be erected thereon;
(i) for issuing of copies and certified copies, including digitized
copies of record, order and documents prepared and
maintained under this Act and the rules made thereunder; and
(j) any other matter for giving effect to the provisions of this Act,
or may be prescribed under this Act.
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
2265/4-2021/Pb. Govt. Press, S.A.S. Nagar
58
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 1st April, 2021
No. 9-Leg./2021.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 26th day of
March, 2021, is hereby published for general information:-
THE SARDAR BEANT SINGH STATE UNIVERSITY ACT, 2021
(Punjab Act No. 9 of 2021)
AN
 ACT
59
to provide for the establishment and incorporation of a University for
the advancement of education and development thereof in the State of Punjab
and for the matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
second Year of the Republic of India as follows:-
1. (1) This Act may be called the Sardar Beant Singh State University
Act, 2021.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In this Act, unless the context otherwise requires,-
(a) “Academic Council” means the Academic Council of the
University;
(b) "authorities" means the authorities of the University;
(c) “Board” means the Board of Governors of the University;
(d) “Board of Studies” means the Board of Studies of the University;
(e) “campus” means the campus of the Beant College of
Engineering and Technology as on the date of coming into
force of this Act;
(f) "Chancellor" means the Chancellor of the University;
(g) "Chairman" means the Chairman of the Board;
Short title
and
commence-
ment.
Definitions.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(h) “employee” means any person appointed by the University,
and includes teachers and other academic staff of the
University;
(i)  “Finance Committee” means the Finance Committee of the
University;
(j) “Planning Board” means the Planning Board of the
University;
(k) "Registrar" means the Registrar of the University;
(l) “regulations” means the regulations of the University made
under this Act;
(m) “School” means a School of Studies of the University;
(n) "State Government" means the Government of the State  of
Punjab;
(o) “student” means a student of the University, and includes any
person who has enrolled himself for pursuing any course of
study of the University;
(p) “teachers” means Professors, Associate Professors, Assistant
Professors and such other persons as may be designated as
such by the regulations for imparting instruction in the
University or for giving guidance or rendering assistance to
students for pursuing any course of study of the University;
(q) “University” means the Sardar Beant Singh State University
established under this Act; and
(r) “Vice-Chancellor” means the Vice-Chancellor of the
University.
3. (1) There shall be established a University by the name of the
Sardar Beant Singh State University.
(2) The headquarter of the University shall be at Gurdaspur.
(3) The first Vice-Chancellor, the first members of the Board of
Governors, the Academic Council and the Planning Board and all persons who
may hereafter become such officers or members, so long as they continue to
hold such office or membership, are hereby constituted a body corporate by
Establishment
and incorpora-
tion of the
University.
60
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
the name of the Sardar Beant Singh State University.
(4) The University shall have perpetual succession and a common
seal and shall sue and be sued by the said name.
4. The University shall perform the following functions, namely:-
(a) to make provisions for providing, upgrading and promoting
technical education and training and research in Technical
Education and to create entrepreneurship and a conducive
environment for the pursuit of the technical education in close
cooperation with the industry;
(b) to generate and maintain resources through consultancy
services, testing services, continuing education programmes,
national and international collaborations and transfer of
intellectual property rights;
(c) to institute and confer degrees, diplomas, certificates and other
academic distinctions;
(d) to hold examinations and to grant and confer degrees, diplomas,
certificates and other distinctions to and on persons who,-
(i) shall have pursued a course of study in the University
and shall have passed the examinations prescribed
by the University; and
(ii) shall have carried on research under conditions
prescribed by the regulations;
(e) to confer honorary degrees in the manner laid down by the
regulations;
(f) to institute Professorships, Associate Professorships, Assistant
Professorships and any other teaching posts required by the
University and to appoint persons to such Professorships,
Associate Professorships, Assistant Professorships and other
posts;
(g) to institute and award fellowships, scholarships, studentships,
Powers and
functions of
the
University.
61
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
exhibitions and prizes in accordance with the provisions of the
regulations;
(h) to institute and maintain Halls and Hostels;
(i) to supervise and control the residence and discipline of the
students of the University and to make arrangement for
promoting their health and general welfare;
(j) to organise laboratories, libraries, museums and to provide
such other equipment for teaching and research as is required;
(k) to demand and receive such fees and other charges as may
be prescribed by regulations;
(l) to hold and manage trusts and endowments which may be
created in favour  of the University;
(m) to institute and manage,-
(i) Printing and Publication Departments;
(ii) University Extension Boards;
(iii) Information Bureau; and
(iv) Employment Bureau;
(n) to make special provisions for the spread of technical education
amongst classes and communities which are educationally
backward;
(o) to make provisions for,-
(i) the maintenance of National Cadet Corps or other
similar organizations;
(ii) physical and military training; and
(iii) sports and athletic clubs;
(p) to create administrative, ministerial and other necessary posts
and make appointments thereto;
(q) to receive gifts, donations or benefactions from the State
Government or the Central Government and to receive
62
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
bequests, donations and transfer of moveable or immovable
property from testators, donors or transferors, as the case
may be; and
(r) to do all such other acts whether incidental to the powers
aforesaid or not, as may be required in order to further the
objects of the University.
5. The University shall exercise its jurisdiction within its campus.
6.  (1) The University shall be open to persons of either sex and of
whatever race, creed, caste or class, and it shall not be lawful for the University
to adopt or impose on any person any test whatsoever of religious belief or
profession in order to entitle him to hold any post or any other office in the
University or be admitted as a student in the University, or to graduate thereat,
or to enjoy or exercise any privilege thereof.
(2) Nothing in sub-section (1) shall be deemed to prevent the
University from making any special provision for the appointment or admission
of women or of persons belonging to the weaker sections of the society, and in
particular, of persons belonging to the Scheduled Castes or Scheduled Tribes.
7. The following shall be the officers of the University, namely:-
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Registrar; and
(iv) such other persons in the service of the University, as may be
declared by the regulations to be the officers of the University.
8. The Governor of Punjab shall be the Chancellor of the University.
9. (1) The Vice-Chancellor shall be appointed by the Chancellor on
the advice of the State Government out of a panel of persons of national
eminence, prepared through a transparent screening process:
Provided that the first Vice-Chancellor shall be appointed for a period
of three years by the State Government.
Jurisdiction.
University
open to all
classes, castes
and creeds.
Officers of the
University.
Chancellor.
Appointment ,
powers, duties,
conditions of
service and
removal of the
Vice- Chancellor.
63
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(2) The Vice-Chancellor shall hold office for a term of three years,
which may be extended for another three years by the Chancellor, on the
advice and recommendations of the State Government.
(3) The Chancellor shall determine the amount of remuneration
and other conditions of service of the Vice-Chancellor:
Provided that such terms and conditions shall not be altered to the
disadvantage of the Vice-Chancellor during his term of office.
(4) Notwithstanding anything contained in sub-section (2), the
Chancellor, on the recommendations of the State Government may, at any
time, by an order in writing, remove the Vice-Chancellor from the office on the
ground of incapacity, misconduct or violation of statutory provisions:
Provided that no such order shall be made by the Chancellor unless
the Vice-Chancellor has been given a reasonable opportunity of showing cause
against the action proposed to be taken against him:
Provided further that during the pendency of any inquiry, the Chancellor
may, on the recommendations of the State Government, place the Vice-
Chancellor under suspension.
(5) In case the office of the Vice-Chancellor becomes vacant
due to death, resignation, expiry of term, illness or such other cause, the
Chancellor, on the recommendations of the State Government may appoint
any person to perform the functions of the Vice-Chancellor until a new Vice-
Chancellor is appointed.
(6) The Vice-Chancellor shall be the principal executive and
academic officer of the University and shall exercise general control over its
affairs in accordance with the regulations and give effect to the decisions of
the authorities of the University.
(7) The Vice-Chancellor shall have the power of convening
meetings of the Academic Council.
(8) It shall be the duty of the Vice-Chancellor to ensure that the
provisions of this Act and the regulations are faithfully observed and he shall
have all powers necessary for this purpose.
64
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
(9) If, in the opinion of the Vice-Chancellor, an emergency has
arisen which requires immediate action to be taken, the Vice-Chancellor shall
take such action as he deems necessary with the approval of the Chairman
and shall report the same for confirmation at the next meeting to the authority,
which in the ordinary course, would have dealt with the matter:
Provided that where any such action taken by the Vice-Chancellor is
not approved by the authority concerned, he may refer that matter to the
Chancellor, whose decision thereon shall be final:
Provided further that where any such action taken by the Vice-
Chancellor affects any person in the service of the University, such person
shall be entitled to prefer an appeal to the Board, within a period of thirty days
from the date on which he receives notice of such action.
10.  (1) The Registrar shall be appointed by the Board on the
recommendations of the Vice-Chancellor for a period of three years, which
may be extended by another term of three years.
(2) The terms and conditions of service of the Registrar shall be
such, as may be determined by the Board.
(3) The Registrar shall be the ex-officio Secretary of the Board
and the Academic Council.
(4) It shall be the duty of the Registrar to,-
(a) be custodian of the records, common seal and such
other property of the University, as the Board may
commit to his charge;
(b) keep the minutes of all meetings of the Board and the
Academic Council;
(c) conduct the official correspondence of the Board and
the Academic Council;
(d) arrange for and superintend the examination of the
University;
(e) supply to the Chancellor, copies of the agenda of the
Appoint-
ment,
powers,
duties and
conditions of
service of the
Registrar.
65
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
meetings of the authorities as soon as they are issued,
and minutes of the meetings of the authorities ordinarily
within a period of one month of the holding of the
meetings; and
(f) perform such other duties, as may from time to time,
be assigned to him by the Vice-Chancellor or the
Board.
11. (1) Subject to the provisions of this Act, the powers and duties of
the officers of the University other than the Chancellor, the Vice-Chancellor
and the Registrar, the terms for which they shall hold office and the filling of
casual vacancies in such offices, shall be provided for by the regulations.
(2) The mode of appointment

Excerpt shown. Open the full act in Lexace.

‹ Prev All Punjab acts Next ›