The Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997

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 Govern-
ment 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 Forty-
eighth 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 Govern- 
ment 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 Forty- 
eighth 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 con-
sideration .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. 
|
3 
(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 conspi-
cuous 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
ttnauthorersons 
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 pre-
mises 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-
gions 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 conspi- 
cious 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 oppor- 
tunity of being heard, the Collector i$ satisfied that the religious pre- 
mises 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 
representa-
tives. 
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. 
5 
(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. 
3 
(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 pro- 
ceeding 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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