The Punjab Motor Vehicles Taxation (Amendment) Act, 2021
Chapter VIII MISCELLANEOUS
Chapter VIII MISCELLANEOUS
20. Summoning
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.
- (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.
- (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).
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21. Presumption in favour of entries in the standing record of rights
21.
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22. 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.
Suit for declaratory decree by persons aggrieved by an entry in a record 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).
Chapter VIII MISCELLANEOUS
23. Correction of clerical errors
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.
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24. Protection of action taken in good faith
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.
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25. Power to remove difficulties
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.
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26. Exclusion of jurisdiction of civil courts
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 to determine or dispose of.
Chapter VIII MISCELLANEOUS
27. Powers of officers to enter upon land, dwelling and habitation areas, survey units for the purposes of survey and demarcation
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.
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28. Penalty for destruction, dismantling or removal of survey marks and demarcation
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.
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29. Power of the Government to make rules
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;
- (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.
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