The Punjab Slum Dwellers (Proprietary Rights) Act, 2020.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
(CHTR 12, 1942 SAKA)
Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020
EXTRAORDINARY
Published by Authority
CHANDIGARH, WEDNESDAY, APRIL 1, 2020
(CHAITRA 12, 1942 SAKA)
( xxviii )
LEGISLATIVE  SUPPLEMENT
Contents Pages
Part - I Acts
1. The Punjab Slum Dwellers (Proprietary Rights)
Act, 2020.
(Punjab Act No. 7 of 2020)
2. The Punjab Management and Transfer of
Municipal Properties Act, 2020.
(Punjab Act No. 8 of 2020)
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction  Slips,  Republications and
Replacements
Nil
                           ______
..      51-61
..      63-75
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
(CHTR 12, 1942 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL  AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICA TION
The 1st April, 2020
No. 7-Leg./2020.– The following Act of the Legislature of the S tate
of Punjab received the assent of the Governor of Punjab on the 20th day of
March, 2020, is hereby published for general information :–
THE PUNJAB SLUM DWELLERS (PROPRIET ARY RIGHTS)
ACT, 2020
(Punjab Act No. 7 of 2020)
AN
ACT
to provide for sustainable growth of basic civic services in slum areas
in urban towns and cities of the State of Punjab by conferring proprietary
rights of land to the slum dwellers and ensuring their development  through
optimal utilization of resources.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
first Year of the Republic of India as follows:-
1. (1)  This Act may be called the Punjab Slum Dwellers   (Proprietary
Rights) Act, 2020.
(2) This Act shall be applicable to the whole of the State of Punjab.
(3)  This Act shall come into force on and with ef fect from the
date of its publication in the Official Gazette.
2. (1) In this Act, unless the context otherwise requires,-
(a) "Authorized Officer" means the head of the Slum
Redevelopment and Rehabilitation Committee or any officer
authorized by the Government, by order , to exercise such
powers as may be prescribed;
(b) "basic civic services" means the services of drinking water
supply, sanitation, drainage, sewerage, solid waste disposal,
street lighting and urban environment improvement;
Short title, extent
and
Commencement.
Definitions.
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(c) "Collector" means the Deputy Commissioner of a district and
includes the Additional Deputy Commissioner or the
Commissioner of Municipal Corporation or any officer
specially appointed by the Government to perform the
functions of a Collector under this Act;
(d) "Committee" means the Slum Area Redevelopment and
Rehabilitation Committee constituted under section 6 of this Act;
(e) "Economically Weaker Section (EWS)" means the section of
beneficiaries whose household income is up to such limit as
may be notified by the Government from time to time and is
landless;
(f) "family" means husband, wife, unmarried son, unmarried
daughter or any other person related by blood and wholly
dependent on the slum dweller;
(g) "financial institution" means any institution or Company
possessing license under the Banking Regulation Act, 1949 to
carry out banking business and includes a Housing Finance
Institution which has obtained a certificate of registration under
the National Housing Bank Act, 1987;
(h) "Government" means the Government of  the State of Punjab
in the Department of Local Government;
(i) "Government land" means any land owned or acquired by the
Government of Punjab or its undertakings and includes the
land owned by the Urban Local Bodies;
(j) "landless person" means a person residing in the State of
Punjab, who is a citizen of India and does not own either in his
own name or in the name of any member of his family any
house or land, or land rights granted or inherited under this
Act in the urban area;
(k) "member" means a member of the Committee or sub-committee,
as the  case may be, and includes the Chairperson;
(l) "occupation" means an occupation of a land by a slum  dweller
for residential purposes;
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(m)  "prescribed" means prescribed by rules made under this Act;
(n) "proprietary rights" means the rights to land assigned to slum
dwellers under section 3 of this Act;
(o) "public interest" means land usage as prescribed under the
master plan or zonal development plans under the approved
city development plan, if any, or the provision of basic urban
services to public at large or prohibition of human habitation in
environmentally hazardous or ecologically fragile sites or
heritage sites;
(p) "redevelopment" means improvement to the existing slum by
providing basic civic services and facilitating improvement of
housing conditions in accordance with the housing scheme
framed by the Government from time to time;
(q) "rehabilitation" means relocation of slum dwellers to other
location in accordance with the housing scheme or policy
framed by the Government from time to time;
(r) "slum" or "slum area" means a compact settlement of at least
twenty-five households with a collection of poorly built
tenements, mostly of temporary nature, crowded together
usually with inadequate sanitation and drinking water facilities
in unhygienic conditions, which may be on the Government
land in an urban area;
(s) "slum dweller" means any landless person in occupation within
the limits of a slum area;
(t) "tenable habitations" means the habitations as decided by the
Committee, where existence of human population does not
entail undue risk to the safety or health or life of the residents
or habitation or such sites are not considered contrary to public
interest or the land is not required for any public or development
purpose;
(u) "untenable habitations" means such areas where existence of
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human population entails undue risk to the safety or health or
life of the inhabitants themselves or where habitation on such
areas is considered by the Committee not to be in the public
interest;
(v) "urban area" means the area comprised within the limits of
Urban Local Bodies; and
(w) "Urban Local Bodies" means the municipal bodies established
under the Punjab Municipal Act, 1911 and the Punjab Municipal
Corporation Act, 1976.
           (2) Words  and expressions used herein but not defined, shall
have  the same meaning as assigned to them under the Punjab
Municipal Act, 1911 and the Punjab Municipal Corporation
Act, 1976.
CHAPTER II
PROPRIETARY RIGHTS
3. (1) Notwithstanding anything contained in any other law of the
State of Punjab for the time being in force, and subject to the provisions of
sub-section (2), every slum dweller, occupying land in a slum in any urban area
by such date as may be notified by the Government, shall be entitled for
settlement of land occupied by him or on such other land as may be notified by
the Government and a certificate of proprietary rights of land shall be issued in
accordance with the provisions of this Act:
Provided that the Municipalities desirous of transferring
Municipal Properties in accordance with the provisions of this Act, shall pass a
resolution with simple majority to this effect:
Provided further that if the land occupied by a slum dweller
belongs to any statutory Board or Corporation or any Department of the Punjab
Government, consent of such Board or Corporation or the Department shall
be obtained before the settlement of land under this Act.
(2) The proprietary rights on such land shall be settled in favour
of a slum dweller to the extent specified hereinafter, namely:-
Proprietary
Rights.
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(a)  a slum dweller shall be entitled to a land as nearly as may be,-
(i) where the slum is situated within the Municipal
Corporation area, not exceeding thirty square meter;
(ii)  where  the slum is situated within the Municipal
Council area, not exceeding forty-five square meter;
and
(iii) where the slum is situated within the Notified Area
Committee area, not exceeding sixty-square meter:
Provided that where a slum dweller is not
getting in-situ settlement, in such a situation the
maximum limit of land in a relocation site shall not
exceed thirty square meter:
Provided further that where the slum dweller
is in occupation of land in any of the areas mentioned in sub-
clauses (i) to (iii), less than the maximum area mentioned
therein, the land in actual occupation of such slum dwellers
shall be settled accordingly;
(b) where the slum dweller belongs to EWS category , the
proprietary rights of land shall be settled free of cost;
(c) where the slum dweller belongs to a category other than EWS,
the land shall be settled at such rates, as may be determined
by the Government from time to time; and
(d) where a slum dweller occupies land beyond the maximum
permissible limit provided under clause (a), irrespective of the
category he may belong to, such excess land shall be settled
in favor of the occupant at such rates as may be determined
by the Government from time to time and in case it is not done
so for reasons to be recorded in writing by the Authorized
Officer, the slum dweller shall voluntarily vacate such excess
land and the Authorized Officer shall take over the possession
of such excess land before the issue of the certificate of
proprietary rights of land.
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 (3)     The proprietary rights of land so settled under sub-section (1),
shall be inheritable but not transferable by sub-lease, sale, gift, or any other
manner whatsoever for thirty years from the date of issue of certificate of
proprietary rights of land:
         Provided that the land so settled may be mortgaged for the
purpose of raising finance in the form of housing loan from any financial
institution.
 (4)     The certificate of the proprietary rights of land shall be issued
jointly  in the name of both the spouses in case of married persons and in the
name of single head in the case of a household headed by a single person.
(5) If the slum dweller, with whom the proprietary rights of land
has been settled or right has accrued for allotment of any land under this Act,
transfers of such land, except by way of mortgage under sub-section (3), or
the said land is not used for residential purposes, the following consequences
shall follow, namely:-
(a) the certificate of proprietary rights of land issued under sub-section
(1), shall automatically stand cancelled;
(b) such transfer shall be null and void;
(c)  no rights shall accrue to the transferee in respect of such
land;
(d)  the Authorized Officer shall dispossess the person who is in
actual possession of such land;
(e) such slum dweller shall be debarred from getting any land in
future under this Act; and
(f)  such slum dweller shall be guilty of an offence under this
Act.
(6) The slum dweller, with whom the proprietary rights of land
has been settled under this Act, shall not hold any certificate of proprietary
rights of land in any other urban area of the State of Punjab and if he holds any
such certificate, he shall surrender all such certificate(s) to the Authorized
Officer in such manner, as may be prescribed.
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(7) If any slum dweller is found to have obtained more than one
certificate of the proprietary rights of land by way of misrepresentation of
facts, the Authorized Officer shall, after giving reasonable opportunity of being
heard to such slum dweller,  cancel  all  the certificates of the proprietary rights
of land and without prejudice to the penalty that may be imposed under this
Act, dispossess him from such land.
(8) The evidence for the grant of certificate of proprietary rights
of land under sub section (1) in favour of a slum dweller shall include,-
(a) Government authorized documents such as aadhaar card, voter
identity card, ration card under National Food Security Act,
2013, smart card under Sarbat Sehat Bima Yojana (SSBY) or
passport; or
(b) Government records such as Census, survey, maps, satellite
imagery, plans, reports, reports of committees and commissions,
Government orders, notifications, circulars or resolutions.
(9) The certificate of proprietary rights of land granted under
sub-section (1) shall be acceptable as evidence for address proof of residence.
4. (1) Subject to the other provisions of this Act, the proprietary
rights of land conferred under sub-section (1) of section 3 shall, as far as
practicable, be provided in-situ and on as-is where-is basis:
Provided that where the Government decides that the site has untenable
habitations, in such circumstances the slum dwellers shall be rehabilitated
elsewhere:
Provided further that:
(a) where, it is decided that the slum dwellers shall be rehabilitated
elsewhere, the said site shall be utilized for any  other  purpose,
as  the  Government  may decide; and
(b) where, after providing land in the existing slum to the slum
dweller, any land remains surplus, the Government may utilize
such land for any purpose, as it may decide.
Redevelopment of
slums.
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(2) In the event of in-situ redevelopment, the applicable planning
and building regulations shall be applied and wherever any relaxation is felt
necessary for implementation of a redevelopment plan, the same may be deemed
to have been granted under permissible deviation under the said regulations.
(3) During the period of redevelopment of the slum area, transit
space shall be provided to the slum dwellers for such duration as may be
necessary as provided under the housing scheme issued by the Government,
from time to time.
5. All proceedings relating to eviction of slum dwellers pending on the
ground of unauthorized occupation before any authority or Court under any
law of the State of Punjab shall abate on the issue of certificate of proprietary
rights of land under this Act.
CHAPTER III
PROCEDURE FOR SETTLEMENT  OF PROPRIETARY RIGHTS
6. (1) For the purposes of this Act, the Government shall constitute
a Committee to be known as the Slum Area Redevelopment and Rehabilitation
Committee for each urban area with the name of such urban area, as it deems
necessary and such Committee shall have the authority to approve the list of
persons on whom the proprietary rights of land under this Act, shall be settled
and shall exercise jurisdiction over the areas and exercise such powers and
functions as may be prescribed.
(2) Every Committee shall be headed by the Collector and shall
comprise of such other members as may be notified by the Government from
time to time.
(3) Without prejudice to the generality of powers and functions
under sub-section (1), the Committee shall,-
(a) undertake necessary surveys, spatial mapping, fix the physical
boundary of the slums, identify eligible slum dwellers with
community participation, prepare and publish the list of slum
dwellers to whom the certificate of proprietary rights of land
has been issued, in such manner as may be prescribed; and
Abatement of
proceedings.
Slum Area
Redevelopment
and
Rehabilitation
Committee.
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(b) for the purposes of facilitating the implementation of the
provisions of this Act and rules made there under, constitute
such sub-committee for each slum area, cluster of slums,
comprising of such number of members, as may be specified
by the Committee.
(4) For the purpose of efficient functioning of the Committee, the
Government shall provide such officers and employees, as may be notified,
from time to time.
7.         The procedure for the conduct of business of the Committee shall be
such, as may be prescribed.
8. (1)   Subject to such rules as may be made, appeal from any decision
or order made under this Act, shall lie to such an officer, as may be appointed
by the Government.
(2) Every appeal preferred under this section, shall be heard and
disposed of in such manner, as may be prescribed.
(3) Every order passed by the Appellate Authority under this
section shall be final.
(4) Notwithstanding anything contained in this Act, the
Government shall be competent to review any order passed by the Committee
or Appellate Authority.
CHAPTER IV
OFFENCES AND PENALTIES
9. Whoever contravenes the provisions of sub-sections (5) and (6) of
section 3 or fails to comply with any notice or order issued under this Act or
rules made there under, shall be punished with imprisonment of either description
for a term which may extend to one year or with fine, which may extend to
fifty thousand rupees, or with both.
Conduct of
business of
Committee.
Appeal.
Panalty for
contravention of
the Act.
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10. (1) There shall be constituted a fund called the Municipal Area
Development Fund at the level of each urban local body to which the moneys
received from the slum dwellers under this Act shall be credited and in addition
to the same, the following receipts may also be credited to the said fund,
namely:-
            (a)  contributions from the State and Central Governments, if any;
             (b) contributions from organizations, philanthropists, individuals  and
Non-Government Organizations; and
(c) the Government may notify any other sources of funding
including the Corporate Social Responsibility (CSR) funding.
(2) The constitution and administration of the fund shall be in such
manner, as may be prescribed.
11. No suit, prosecution or other legal proceedings shall lie against the
Government or any officer or other employee of the Government or the
Committee or any sub-committee constituted under this Act, which is, in good
faith, done or intended to be done under this Act.
12. The Government or any officer authorized by it in this behalf shall be
the Nodal Agency for the implementation of the provisions of this Act.
13. No civil court shall have jurisdiction to entertain any suit or proceeding
in respect of any matter which the Government or the Committee constituted
under this Act is empowered by or under this Act to determine and no injunction
shall be granted by any court or other authority in respect of any action taken
or to be taken in pursuance of any power conferred by or under this Act.
14.      An offence punishable under this Act shall be tried in the court of
Judicial Magistrate in accordance with the Criminal Procedure Code, 1973:
Provided that no court shall take cognizance of any offence punishable
under this Act, except upon a complaint in writing made by  any officer of the
Government authorized by the Government.
15. (1) The Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
Municipal Area
Development
Fund.
Protection of
action taken in
good faith.
Nodal Agency
Bar of
Jurisdiction of
Civil Court.
Cognizance of
offence.
Power to make
rules.
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(2) Every rule made under this section, shall be laid, as soon as
may   be, after it is made, before the House of the State Legislature while it is
in session for a total period of ten days, which may be comprised in one session
or in two or more successive sessions and if, before the expiry of the session
in which it is so laid or the successive sessions as aforesaid, the House agrees
in making any modification in the rule or the House agrees that the rule should
not be made, the rule shall thereafter, have effect only in such modified form
or be of no ef fect, as the case may be. However , any such modification or
annulment shall be without prejudice to the validity of anything previously done
or omitted to be done under that rule.
16. Notwithstanding anything contained in any other law enacted by the
Legislature of the S tate of Punjab, the provisions of this Act shall have
precedence and overriding effect in the matters covered under it.
17. The Government may by an order clarify doubts, if any arise, on any
of the provisions of this Act or the rules made there under , with a view to
ensure fair and proper implementation of the Act.  The Government shall also
be competent to issue guidelines for implementation of this Act.
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
Overriding effect
on other laws.
Power to remove
difficulties.
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2001/4-2020/Pb. Govt. Press, S.A.S. Nagar
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
(CHTR 12, 1942 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL  AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICA TION
The 1st April, 2020
No. 8-Leg./2020.– The following Act of the Legislature of the S tate
of Punjab received the assent of the Governor of Punjab on the 20th day of
March, 2020, is hereby published for general information :–
THE PUNJAB MANAGEMENT  AND TRANSFER OF
MUNICIPAL PROPER TIES ACT, 2020
(Punjab Act No. 8 of 2020)
AN
ACT
to provide for inclusive and sustainable delivery of basic civic services
in municipal towns and cities of the State of Punjab by unlocking and optimal
utilization of resources namely the land and buildings and for the matters
connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
first Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Management and Transfer
of Municipal Properties Act, 2020.
(2) It shall extend to the whole of the State of Punjab.
(3) 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) "basic civic services" means services of drinking water supply,
drainage, sewerage, solid waste disposal, street lighting and
improvement of environment as provided by a Municipality;
(b) "building" means a house, out-house, stable, shed, hut and other
enclosed structure, whether of masonry bricks, wood, mud,
metal or any other material whatsoever , whether used as
human dwelling or otherwise and also includes verandahs,
fixed platforms, plinths, door-steps, electric meters, walls
including compound walls and fencing and the like, but does
not include plant or machinery comprised in a building;
Short title, extent
and
Commencement.
Definitions.
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(c) "Collector" means the Deputy Commissioner and includes an
Additional Deputy Commissioner or Commissioner, Municipal
Corporation or any officer specially appointed by the
Government to perform the functions of a Collector under
this Act;
(d) "Government" means the Government of Punjab in the
Department of Local Government;
(e) "Municipality" means an institution of local self-government
as defined in the Punjab Municipal Act, 1911 or the Punjab
Municipal Corporation Act, 1976 or Improvement Trust
incorporated  or constituted under the Punjab Town
Improvement Act, 1922;
(f) "municipal property” means the land and building owned by a
Municipality;
(g) "occupant" means a person occupying the property owned by
a Municipality in an authorized or unauthorized manner;
(h) “Officer of the Municipality” means the Commissioner under
the Punjab Municipal Corporation Act, 1976 or the Executive
Officer under the Punjab Municipal Act, 1911 or the Executive
Officer under the Punjab Town Improvement Act, 1922, as
the case may be;
(i) "prescribed" means prescribed by rules made under this Act;
(j) “relative” means a person  as  defined in clause (77) of section
2 of the  Companies Act, 2013;
(k) "specified” means specified by notification by the Government
in the Official Gazette;
(l) "tenant" means a person to whom the municipal property has
been rented or leased out;
(m) “transfer” means sale or lease of a municipal property for a
price or rent;
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(n) "Tribunal" means the Tribunal constituted under section 17 of
this Act;
(o) "urban area" means the area comprised within the limits of a
Municipality; and
(p) words and expressions used but not defined in this Act shall
have the same meaning as assigned to them in the Punjab
Municipal Act, 1911 or the Punjab Municipal Corporation Act,
1976 or the Punjab Town Improvement Act, 1922.
3. Notwithstanding anything contained in any law for the time
being in force enacted by the State of Punjab, every Municipality shall cause-
(a) all municipal properties to be identified and entered into a
Property Register in such manner as may be specified by the
Government;
(b) all municipal properties to be demarcated and notified for the
information of the general public;
(c) the name and address of the tenant or an occupant, whether
authorized or unauthorized, along with the details of the
municipal property under the possession of such an occupant,
to be notified for the information of the  general public; and
 (d) to follow Government orders on Asset Management Policy
and Capital Investment Plan.
4. Notwithstanding anything contained in any law for the time
being in force enacted by the State of Punjab, a Municipality may transfer a
municipal property in a transparent manner through an open e-auction in the
case of commercial properties and through draw of lots in the case of residential
properties. In case of other properties, the Municipality shall follow the directives
of the Government as specified from time to time:
Provided that open e-auction and draw of lots shall be conducted in
such manner as laid down under this Act.
Management of
municipal
property .
Transfer of
municipal
property .
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5. (1) Notwithstanding anything contained in any law for the
time being in force enacted by the State of Punjab, a Municipality may vest the
proprietary rights of a municipal property in a tenant or an occupant of such a
municipal property at a price determined by the Price and Rent Fixation
Committee constituted for this purpose under section 7 of this Act and upon
satisfaction of such conditions as may be specified by the Government from
time to time:
Provided that a tenant or an occupant has been in continuous possession
of such a municipal property for at least twelve years:
Provided further that a tenant or an occupant should not be or should
not have been an employee of the Municipality or Department of Local
Government or an elected member of the Municipality or his relative or Member
of Parliament or his relative or a Member of the Punjab Legislative Assembly
or his relative.
(2)  A tenant or an occupant shall furnish necessary proof in the
form of electricity meter connection or water supply connection or ration card
or any other Government issued document showing that the municipal property
sought to be vested was in his continuous possession for the last twelve years.
(3) A municipal property vested in a tenant or an occupant in
accordance with this section shall not be sold or leased or mortgaged with
possession, wholly or partially, or otherwise alienated, in any manner , for a
period of twenty years, other than by way of inheritance or by way of pledging
or mortgaging such a property in favour of  the State Government or Semi-
Government Organizations or Banks for securing loan for effecting
improvements on the said property,
(4) A tenant shall be liable to pay arrear of lease rent, if any, due
to the municipality along with due price before the proprietary rights are vested
in him.
6. (1) No person, who has been transferred a municipal property
on rent through a written agreement by a Municipality, shall sublet the same to
another person.
Vesting of
proprietary rights
in tenants or
occupants.
Sub-letting of a
municipal
property in
future.
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67
(2)  In case a municipal property is sublet by the tenant, the
Municipality shall cancel such a tenancy or lease forthwith and such property
shall vest to the Municipality without any notice to the tenant or an occupant.
(3) In case of death of a tenant, the tenancy or lease rights of
such a municipal property may be vested in the legal heir(s) of the deceased
tenant:
Provided that such a legal heir(s) undertakes in writing to agree with
the terms and conditions of the tenancy or lease agreement.
7. (1) The Government shall constitute a Price and Rent Fixation
Committee  for every district in the State of Punjab to determine the reserve
price or rent of a municipal property which a Municipality intends to transfer
under the provisions of this Act.
(2)  The Price and Rent Fixation Committee shall be headed by
the Collector and which shall also consist of the following members, namely:-
(a) the Members of Parliament, and all Members of the Punjab
Legislative Assembly or their nominee whose constituency
comprises part or whole of the area of the Municipality;
(b) Mayor or President  of the Municipality; and
(c ) Officer of the Municipality, duly deputed by the  Government.
(3) The price of the municipal property determined by the Price
and Rent Fixation Committee and duly approved by the Government shall be
commensurate with the prevailing Collector rate.
(4) The lease money or the rent of a municipal property shall be
the rate fixed by the Price and Rent Fixation Committee as duly approved by
the Government or the price discovered by a Municipality through an open
e-auction, whichever is higher.
(5) The lease money or the rent of a municipal property determined
in sub-section (3) shall be enhanced by at least five per cent every year.
(6)  The price determined by the Price and Rent Fixation
Committee for commercial municipal property as duly approved by the
Price and Rent
Fixation
Committee.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
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68
Government shall be the reserve price for auction of such property.
(7) The rent fixed by the Price and Rent Fixation Committee for
residential municipal property as duly approved by the Government shall be
the lease money or rent for such municipal property.
(8) Wherever a municipal property has been under continuous
lease or occupation for a period of twelve years or more, and is intended to be
transferred to the tenant or occupant, the price shall be fixed in the following
manner, namely:-
(i) for Economically Weaker Sections (EWS), having an annual
income not more than rupees three lakhs, at the rate of 12.5
per cent of the Collector Rate;
(ii) for Lower Income Groups (LIG), having an annual income
more than rupees three lakhs but not more than rupees eight
lakhs, at the rate of 25 per cent of the Collector rate;
(iii) for Medium Income Groups (MIG), having an annual income
more than rupees eight lakhs but not more than rupees fifteen
lakhs at the rate of 50 per cent of the Collector rate;
(iv) for High Income Groups (HIG), having an annual income more
than rupees fifteen lakhs, at the Collector rate;
(v) for the aforesaid purpose, proof of Income shall be the Income
Tax Return filed by a tenant or an occupant of the previous
year of the year in which the transfer is to be made.  In case
a tenant or an occupant is not required to file Income Tax
Return, in that case, he shall get an income certificate issued
from the Sub-Divisional Magistrate of the area concerned;
and
(vi) for categories referred to as items (i), (ii) and (iii), the municipal
property only up to fifty square metres shall be transferred at
the rate specified therein. However, if the municipal property
occupied is more than fifty square metres then on the area of
municipal property beyond fifty square metres, collector rate
shall be payable.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
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8. (1) Every auction of a municipal property under this Act shall be
done through e-auction and shall be subject to a reserve price determined
under section 7 of this Act.
(2) The Officer of the Municipality shall cause to publish a public
notice of the intention of the Municipality to auction a municipal property:
Provided that no auction shall be conducted until the expiry of at least
thirty days from the publication of such a notice.
(3) Every notice issued under sub-section (2) shall give clear
details of the municipal property, including its reserve price, location and size in
addition to the terms and conditions of the auction:
Provided that the Government may prescribe any or all of the terms
and conditions of the auction, and such terms and conditions, shall be clearly
mentioned in the notice.
(4) Notwithstanding anything contained in this section, where it is
observed that the prospective bidders have come to a tacit understanding to
depress the bid price, the Municipality may, after recording reasons in writing
and with the prior approval of the Government, invite sealed bids in place of an
e-auction.
9. (1) A Municipality may transfer a residential municipal property
on rent or allot it through a draw of lots.
(2) The Officer of the Municipality shall cause to publish a public
notice of the intention of the Municipality to transfer a municipal property
through a draw of lots:
Provided that no such transfer by draw of lots shall be allowed until
the expiry of at least thirty days from the publication of such a notice.
(3)  Every notice issued under sub-section (2) shall give clear
details of the municipal property, including its price, location and size in addition
to the terms and conditions of the draw of lots:
Provided that the Government may prescribe any or all of the terms
and conditions of the draw of lots and such terms and conditions shall be
clearly mentioned in the notice.
Procedure of
auction.
Draw of  lots.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
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70
10. (1) Where a Municipality has decided to transfer a municipal
property, it shall execute a registered agreement or a deed, clearly giving the
terms and conditions of the transfer.
(2) Every agreement executed by a Municipality for transfer of
property under this Act shall have appropriate penal clauses as specified in the
agreement and in keeping with the provisions of this Act.
(3) The Municipality shall have the right to get the municipal
property vacated in case the agreement executed by it, is violated in any
manner by the person in whose favour the municipal property has been
transferred.
11. In case a Municipality has decided to transfer its property to a
tenant on rent, such a tenant shall be liable to pay the agreed rent as per terms
and conditions of the agreement:
Provided that where the tenant fails to pay the agreed rent for three
months in a row, he shall be liable to vacate the municipal property forthwith
without any notice and possession of such municipal property shall be deemed
to have reverted to the Municipality.
12. (1) In case a Municipality decides to transfer a municipal property
in accordance with the provisions of this Act, it shall identify and prepare a list
of such properties, clearly giving details of their measurements, locations,
occupants or tenants.
(2) Every list of municipal property prepared under sub-section (1),
shall be notified for the information of the general public before these are
transferred in accordance with the provisions of this Act.
13. (1)  A Municipality desirous of transferring a municipal property
in accordance with the provisions of this Act shall pass a resolution to this
effect:
Provided that no such resolution of a Municipality shall be valid unless
it is approved by at least two third of the total elected members of the
Municipality.
(2) Every resolution of the Municipality passed under sub-section (1)
Agreement for
transfer of
municipal
properties.
Payment of  rent.
Identification and
notification of
municipal
property to be
transfered.
Resolution of  the
Municipality .
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
(CHTR 12, 1942 SAKA)
71
shall be sent to the Government for approval.
(3) The Government may , upon receipt of a resolution of the
Municipality under sub-section (2), accord its approval or disapproval, for
reasons, to be recorded in writing:
Provided that the Government shall convey its approval or disapproval
within sixty days of the receipt of such a resolution from a Municipality, failing
which the resolution shall be deemed to have been approved.
14. (1) In the case of transfer of a municipal property through auction
or draw of lots by a Municipality, the transferee shall be required to pay the
price as per terms and conditions of such a transfer.
(2) In the case of transfer of a property to a tenant or an occupant,
the Municipality shall communicate the decision to transfer the property to him
in accordance with the provisions of this Act within fifteen days of the approval
of the resolution of the Municipality to this effect by the Government.
(3) In case a Municipality decides to transfer ownership of a
municipal property to its tenant or occupant at a price fixed by the Price and
Rent Fixation Committee in accordance with the provisions of this Act, the
transferee shall give his consent for the same in writing within fifteen days of
receipt of communication of such a decision of the Municipality.
(4) Any tenant or occupant, who has given his consent under
sub-section (3) shall be required to make payment of due price in following
manner, namely:-
(a) fifty per cent of the amount within one week from the date of
issue of letter of decision of transfer by the Municipality;
(b) balance amount within two months of date of issue of  letter
of decision of transfer;
(c ) in case the occupier chooses to pay the whole amount in lump
sum within one week from the date of issue of letter of decision
of transfer, he shall be entitled to a rebate of five percent on
the whole amount;
Payment of
Price.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
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72
(d) if the property is in the name of women or a person above the
age of sixty-five years then rebate of ten per cent shall be
given on lump sum payment; and
(e) if the due price is not paid by due dates, interest at the rate of
twelve percent per annum shall be charged on the due
price for the period of  delay, for not more than  ninety days.
Thereafter, the concerned Municipality shall proceed  with
the eviction of the property . However , the interest shall
continue to be levied till the date actual possession is taken by
the Municipality.
15. (1) Where a tenant or an occupant of a municipal property, which
the Municipality has decided to transfer in accordance with the provisions of
this Act, refuses to accept the transfer or fails to pay the price, he shall be
liable to vacate such municipal property within three months of such refusal or
failure.
(2) In case a tenant or an occupant fails to vacate the property in
accordance with the provisions of sub-section (1), the Municipality shall proceed
to get the property vacated by making a reference to the Tribunal constituted
under this Act.
16. (1) Where a Municipality transfers a municipal property to a tenant
or an occupant under the provisions of this Act, a letter of intent to transfer the
property shall be issued by the Municipality.
(2) Every such person, who has been issued a letter of intent to
transfer the property by a Municipality , shall be eligible to get the property
registered in his name on full payment of price and past arrears, if any.
(3) Where a tenant or an occupant of a municipal property, given
to him for a specific purpose, uses the same for a purpose other than that for
which it was given, he shall be liable to vacate the property immediately and
deed of transfer of such property shall be deemed to have been cancelled,
notwithstanding any other law for the time being in force enacted by the State
of Punjab.
Vacation of
municipal
property .
Registration  of
municipal
property .
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
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73
(4) Where a municipal property is occupied by a person or persons
other than a tenant or an occupant, such person or persons shall be liable to
vacate the property immediately. The Municipality shall initiate legal proceedings
under the Code of Criminal Procedure, 1973 against such person or persons
and shall further initiate eviction proceedings by making a reference to the
Tribunal constituted under this Act.
17. (1) The Government shall constitute a Tribunal or authorise any
officer or officers or do both for the purpose of deciding references or appeal
against the order of the Municipality as may be made to it by the Municipalities
or by a tenant or an occupant in the State of Punjab, as the case may be, under
the provisions of this Act.
(2) The Tribunal shall consist of a President and two other
members to be nominated by the Government.
(3) The President of the Tribunal shall be a retired or serving
Judge of the Punjab and Haryana High Court or a retired or serving officer not
below the rank of a Financial Commissioner or Principal Secretary to the
Government of Punjab:
Provided that no person shall be eligible for appointment as
the President of the Tribunal if he is or has been elected or nominated as a
member of any Municipality in the State of Punjab:
Provided further that no person shall be eligible for appointment
as the President of the Tribunal, if he has attained the age of seventy years.
(4) The member of the Tribunal shall be a person who has
experience of dealing with matters and laws governing the Municipalities for
at least ten years and bears a good moral character or is a retired or serving
officer not below the rank of a Secretary to the Government of Punjab:
Provided that no person shall be eligible for appointment as a
member of the Tribunal, if he is or has been elected or nominated as a member
of any Municipality in the State of Punjab:
Provided further that no person shall be eligible for appointment
as the Member of the Tribunal if he has attained the age of seventy years.
Constitution of a
Tribunal.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
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74
(5) The term of office of the President and members of the Tribunal
shall be two years:
 Provided that upon the expiry of the term of two years, the
President or the Member may be reappointed for a further period of two
years.
(6)  The Government may remove the President or a Member of
the Tribunal if such President or Member -
(i) refuses to act, or becomes, in the opinion of the Government,
incapable of acting as such; or
(ii) has been declared insolvent; or
(iii) has been convicted of any such offence or subjected by a
Criminal Court to any such order which in the opinion of the
Government, implies a defect of character and which makes
him unfit to continue as a President or a Member of the
Tribunal; or
(iv) has been declared by notification to be disqualified for
employment or has been dismissed from public service and
the reason for such disqualification or dismissal is, in the opinion
of the State Government, a defect of character which makes
him unfit  to be a President or a Member of the Tribunal.
(7) The terms and conditions of the appointment of a President or
a Member of the Tribunal shall be such as may be specified by the Government.
18. (1) Wherever a municipal property is under unauthorized
occupation, the Officer of the Municipality shall make a reference for eviction
of such unauthorized occupants to the Tribunal or of ficer authorised under
section 17 of this Act .
(2) The Tribunal or officer shall pass an appropriate order within
sixty days from the date of receipt of a reference referred to in   sub-
section (1).
(3)  An eviction order passed by the Tribunal or officer shall be
final.
Eviction from
municipal
property .
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020
(CHTR 12, 1942 SAKA)
75
(4) Every order of the Tribunal or officer directing eviction of an
unauthorized occupant   shall be sent to the Collector for execution.
(5)  Upon receipt of an order referred to in sub-section (4), the
Collector, or any other officer not below the rank of an Executive Magistrate
authorized by him in this behalf, shall cause such order to be executed, within
thirty days of the receipt of such an order.
(6) Pursuant to the vacation of a property in compliance with the
orders of the Tribunal or officer, the officer of the Municipality shall get such a
property demarcated and notified as a municipal property under section 3 of
this Act.
19. If any difficulty arises in giving effect to the provisions of this
Act, the Government may, by order, duly published in the Of ficial Gazette,
make such provisions, not inconsistent with the provisions of this Act, as may
appear to it to be necessary or expedient for the removal of the difficulty.
20. The Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
21. No civil court shall have jurisdiction to entertain 

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