Repeal and Savings

(4) Where any person makes default in the payment of any rent due in respect of lease of any site or building or both, as the case may be or any fees payable for providing, maintaining or continuing any amenity under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, the Secretary of the Committee may direct that in addition to the amount of arrears, a sum not exceeding that amount shall be recovered from the person by way of penalty: Provided that no such direction shall be made unless the person affected thereby has been given a reasonable opportunity of being heard in the matter. (5) Where any person makes default in the payment of any amount being the arrears or penalty, or both, directed to be paid under sub-section (4), such amount may be recovered from him in the same manner as arrears of land revenue. (6) Where any person makes default in the payment of any consideration money or any instalment on account of the sale of any site or building, or both, to him, the Secretary of the Committee may, by notice in writing, call upon him to show cause within a period of thirty days. Why a penalty which shall not exceed ten percent of the amount due from him, be not imposed upon him. (7) After considering the cause, if any, shown by him and after giving him a reasonable opportunity of being heard in the matter, the Secretary of the committees may, for reasons to be recorded in writing, make an order imposing the penalty and direct that the amount of money due alongwith the penalty shall be paid by such person within such period as may be specified in the order. (8) If a person fails to pay the amount due together with the penalty in accordance with the conditions of sale or allotment of any site or building to him or commits a breach of any other conditions of such sale or allotment, the Committees may, by notice in writing, call upon him to show cause, within a period of thirty days,, why an order of resumption of the site or building or both, as the case may be and forfeiture of the whole or any part of the money, if any, paid in respect thereof, which in no case shall exceed ten percent of the total amount of the consideration money, interest and other dues payable in respect of the sale or allotment should not be made. (9) After considering the cause, if any shown by him in pursuance of a notice under sub-section (8) and any evidence that he may produce in support of the same and after, giving him a reasonable opportunity of being heard in the matter, the Committee may, for reasons to be recorded in writing, make an order resuming the site or building or both, as the case may be and directing the forfeiture as provided in sub-section (8) of the whole or any part of the money paid in respect of such site, etc., (10) Omitted. (11) Omitted. (12) Omitted. (13) For the purposes of this section ‘Mandi portion’ means that portion of any type of land or building, inclusive of all encumbrances, enclosures, fittings and fixtures, roads, parks, parking, passengers, platforms, plots etc., where sale-purchase of agricultural produce or other connected activity of any kind in pursuance of the purposes of the Punjab New Mandi Townships (Development and Regulation) Act, 1960 takes place. The Punjab Agricultural Produce Markets Act, 1939, and The Patiala Agricultural Produce Markets Act, 2004 B.K., are here by repealed: Provided that such repeal shall not affect- (a) the previous operation of any Act so repealed or any-thing duly done or suffered thereunder ; or (b) any right, privilege, obligation or liability acquired or incurred under any Act so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed; or (d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment as aforesaid; and any such invesigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed : Provided futher that anything done or any action taken under the Acts so repealed shall be deemed to have been done or taken under this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act : Provided futher that the State Marketing Board constituted under the Patiala Agricultural Produce Markets act, 2004 B.K. and functioning immediately before the commencement of this Act, shall, till a Board is established and constituted under section 3, be deemed to be the State Agricultural Marketing Board for the purposes of this Act and all employees in the service of the State Marketing Board immediately before such commencement shall be deemed to be the employees of the State Agricultural Marketing Board and their emoluments and other conditions of service shall not be varied to their disadvantage : Povided further that the Market Committees functioning immediately bofore the commencement of this Act shall be deemed to be constituted for the first time under sub-section (4) of section 12 and their members including the Chairman and Vice-Chairman shall hold office until new Committees set up under this Act are notified.