Superintendence and control of Officers

1. Short title, extent and commencement 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. Definitions 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 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; (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. 3. Officers 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; (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.