Bare Act
The Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Act, 2020
1. Short title and commencement.
- (1) This Act may be called the Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Act, 2020.
- (2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
2. Definitions.
In this Act, unless the context otherwise requires, -
- (a) "Acre" means an area of land measuring 4840 square yards;
- (b) "Allotment Commissioner" means the Assistant Collector of the First Grade under the Punjab Land Revenue Act, 1887 (Punjab Act No. XVII of 1887) posted as Sub-Divisional Magistrate in a Sub-Division;
- (c) “Allottee” means an occupant of land to whom land has been allotted by an order passed by the Allotment Commissioner but does not confer right of ownership;
- (d) “Appointed day” means the first day of January, 2020;
- (e) "Chief Allotment Commissioner" means the District Collector or the Deputy Commissioner of the District;
- (f) “cultivating possession” means continuous cultivating possession for a period of ten years or more as on the appointed day by a landless, marginal or small farmer or his predecessor on Government land established by entries in the revenue record;
- (g) “Financial Commissioner” means the Financial Commissioner, Revenue of the Government of Punjab;
- (h) “Government” means the Government of Punjab in the Department of Revenue, Rehabilitation and Disaster Management;
- (i) “land” means the agriculture land in rural area belonging to or vesting in the State Government of any department, but shall not include,-
- (i) evacuee land, governed by the Punjab Package Deal Properties (Disposal) Act, 1976;
- (ii) nazool land as defined in rule 2 (d) of the Nazool Lands (Transfer) Rules, 1956; and
- (iii) surplus area of land in excess of the permissible area declared under the Punjab Land Reforms Act, 1972 (Punjab Act No.10 of 1973);
- (j) “Landless, Marginal and Small Farmer” means a farmer, who, does not own, owns up to 2.5 acres and more than 2.5 acres and up to 5 acres of agriculture land respectively in the State of Punjab;
- (k) “occupant” means a person including his predecessors in cultivating possession;
- (l) “prescribed” means prescribed by rules made under this Act;
- (m) “rural area” means an area which is not part of urban area and is not within the limits of any municipality or local self-government institution;
- (n) “Sub-Divisional Magistrate” means the in-charge of the revenue administration of a Sub-Division in the District; and
- (o) “Tehsildar” means the Tehsildar of a Tehsil under the Punjab Land Revenue Act, 1887 (Punjab Act No. XVII of 1887).
3. Addition of Appendices B-1 and B-2
In the said rules, after Appendix 'B', the following Appendices shall be added, namely:— "Appendix B-1 {See rule 10(2)} Serial No.(1) Designation of the post(2) Nature of Penalty(3) Punishing Authority(4) Appellate Authority(5) 1. Joint Director, 2. Professor, 3. Associate Professor, 4. Assistant Professor, 5. Senior Lecturer. (i) Censure; (ii) withholding of promotions; (iii) recovery from pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders; (iv) withholding of increments of pay without cumulative effect; (v) withholding of increments of pay with cumulative effect or reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of pay; (vi) reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government employee to the time-scale of pay, grade, post or service from which he was reduced with or without further directions regarding conditions of restoration to the grade or post or service from which the Government employee was reduced and his seniority and pay on such restoration to that grade, post or service; (vii) compulsory retirement; (viii) removal from service which shall not be a disqualification for future employment under the Government; (ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government. Secretary Incharge Minister Incharge. "APPENDIX B-2 {See rule 10(3)} Serial No.(1) Designation of the post(2) Nature of Order(3) Ordering Authority(4) Appellate Authority(5) 1. Joint Director, 2. Professor, 3. Associate Professor, 4. Assistant Professor, 5. Senior Lecturer. As specified in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. Secretary Incharge Minister Incharge."
4. Price of land.
The price payable by an eligible applicant for allotment of land shall be determined on the basis of the Collector rate fixed by the Collector for the area prevalent on the date of application and the rate of allotment shall be determined as follows: - For Marginal and Small Farmers of General Category:-
- (a) up to 2.5 acres: fifty per cent of the Collector rate
- (b) above 2.5 acres and up to 5 acres: sixty-five per cent of the Collector rate For Landless of both categories (General Category and Scheduled Castes Category); and Members of Scheduled Castes Category:-
- (a) up to 2.5 acres: thirty per cent of the Collector rate
- (b) above 2.5 acres and up to 5 acres: forty per cent of the Collector rate
5. Procedure for allotment.
- (1) On receipt of an application for allotment of land, the Allotment Commissioner shall call for the report and recommendations of the Tehsildar.
- (2) The Allotment Commissioner in respect of land for which an application for allotment has been received shall serve a notice to the Secretary to Government of the department in which the land vests and in the manner as may be prescribed, for raising specific objections, if any, within sixty days of the date of notice.
- (3) The Allotment Commissioner on receipt of the report under sub-section (1) and objections, if any, of the department under sub-section (2) and after conducting such inquiry as he deems fit, and hearing the applicant and the District head of the concerned Government Department in which the land vests, shall by order in writing by recording reasons determine whether the land is to be allotted and thereafter either allot the land by determining the amount payable in the manner prescribed or decline the allotment: Provided that an occupant shall be ineligible for allotment of land, if, he is an allottee or vendee of land, the allotment or transfer of which has been cancelled on the ground of fraud or misrepresentation of facts or otherwise.
6. Mode of payment.
- (1) The allottee shall within thirty days of the passing the order of allotment, deposit and pay twenty-five per cent of the total amount determined, failing which the allotment shall be cancelled: Provided that in the event an allottee deposits the entire amount of the price determined within thirty days of the passing of the order of allotment of land, he shall be entitled for a discount of ten per cent.
- (2) The balance amount payable after payment of the initial amount under sub-section (1), shall be paid and deposited by the allottee in six equated interest free installments within a period of three years from the date of allotment of land.
- (3) In the event of failure to pay the due amount in terms of sub-section (2) within thirty days, the allotment shall be deemed to be cancelled and possession of the allotted land shall be taken by the Tehsildar who shall dispose of the same in the manner prescribed.
7. Issuance of conveyance deed and conferment of ownership rights on the allottee.
- (1) The Allotment Commissioner on receipt of full and final amount of consideration, shall execute a conveyance deed conferring ownership rights of the allotted land in favour of the allottee.
- (2) In the event of death of the allottee, his legal heirs shall be entered in his place.
- (3) Mutation of ownership rights shall be entered and sanctioned in favour of the allottee on the basis of conveyance deed executed by the Allotment Commissioner in favour of the allottee.
8. Cancellation of allotment.
- (1) The Allotment Commissioner except in case of deemed cancellation under sub-section (3) of section 6 of this Act, may after due enquiry and an opportunity of being heard to an allottee, cancel and rescind the allotment of land, if the allotment had been made on misrepresentation or fraud.
- (2) The amount paid shall be forfeited to the Government in case of cancellation of allotment under sub- section (1).
9. Appeal.
An allottee or a department of the Government, in which the land vests, aggrieved by an order passed by the Allotment Commissioner affecting his or its rights may, within thirty days from the date of order, prefer an appeal to the Chief Allotment Commissioner in such form and manner, as may be prescribed: Provided that the Chief Allotment Commissioner may entertain an appeal after the expiry of said thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and decide it within sixty days.
10. Revision.
The Government may, at any time call for the record of any case under this Act pending before, or disposed of, by the Allotment Commissioner or the Chief Allotment Commissioner and pass such order, consistent with the [Act...]
11. Procedure
The procedure for conduct of proceedings under this Act shall be in such manner as may be prescribed.
12. Finality of orders and bar of jurisdiction of Civil Courts
Save as otherwise expressly provided in this Act, an order passed by the Allotment Commissioner, the Chief Allotment Commissioner or the Government under this Act, shall be final and the jurisdiction of the Civil Court to entertain any suit or proceedings in respect of any matter which the said authorities are empowered by or under this Act, shall be barred.
13. Protection of action taken in good faith
No suit or other legal proceedings shall lie against the Government or any officer or authority functioning under this Act in respect of anything done or action taken or intended to be taken or done in good faith, in pursuance of this Act.
14. Power of Government to make rules
- (1) The Government may, by notification in the Official Gazette, make rules to carry 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 form for making an application by an eligible occupant of land under this Act for allotment;
- (b) the method and procedure for the Tehsildar to conduct an inquiry for consideration of entitlement of an intended allottee for allotment of land under this Act, and for calculating and determining the price of the land;
- (c) the procedure for paying and depositing (after the payment of initial twenty-five per cent of the determined price for allotment of land) the six-monthly installments and the amount of each installment;
- (d) the procedure for refund of the amount paid for allotment in case of cancellation of allotment under section 6 of this Act;
- (e) the procedure for disposing the land that is repossessed after failure on the part of the allottee to pay the determined amount or installments;
- (f) the procedure to be followed for the conduct of proceedings under this Act; and
- (g) any other matter which is required to be, or may be, prescribed.
15. Power to remove difficulties
- (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 provisions, consistent 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 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.
16. Period of applicability of this Act
This Act shall remain in force for a period of two years from the date of its commencement: Provided that any proceedings initiated or pending under this Act at the expiry of two years from the date of commencement of this Act shall continue in the same manner till its final completion as if this Act had not lapsed.
17. Act to have overriding effect
The provisions of this Act shall have overriding effect, notwithstanding anything contained in any judgment or decree of any court or anything inconsistent herein in any other law, rule or policy for the time being in force.
18. Repeal
- (1) The Punjab Allotment of State Government Land Act, 2016 (Punjab Act No.54 of 2016) shall stand repealed.
- (2) Notwithstanding such repeal-
- (i) any order passed or anything done or any action taken in pursuance of any provision of the repealed Act shall be deemed to have been made, done or taken under the provisions of the Act so repealed; and
- (ii) any proceeding pending under the provisions of the repealed Act shall continue in the same manner as if that Act had not been repealed.
Punjab Nursing Education (Group-A) Service (Amendment) Rules, 2021 (Rule 1). Short title and commencement
- (1) These rules may be called the Punjab Nursing Education (Group-A) Service (Amendment) Rules, 2021. (2) They shall come into force on and with effect from the date of their publication in the Official Gazette.
Punjab Nursing Education (Group-A) Service (Amendment) Rules, 2021 (Rule 2). Amendment of Rule 9
In the Punjab Nursing Education (Group-A) Service Rules, 2016 (hereinafter referred to as the said rules), in rule 9, for sub-rule (2), the following shall be substituted, namely:- "(2) The authority empowered to impose penalties as specified in rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, and the appellate authority thereunder in respect of the members of the service, shall be as specified in Appendix B-1. (3) The authority competent to hear the appeal against an order as specified under rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, other than an order imposing any of the penalties as mentioned in Appendix B-1, shall be as specified in Appendix B-2."
Punjab Nursing Education (Group-B) Service (First Amendment) Rules, 2021 (Rule 1). Short title and commencement
- (1) These rules may be called the Punjab Nursing Education (Group-B) Service (First Amendment) Rules, 2021. (2) They shall come into force on and with effect from the date of their publication in the Official Gazette.
Punjab Nursing Education (Group-B) Service (First Amendment) Rules, 2021 (Rule 2). Amendment of Rule 8
In the Punjab Nursing Education (Group-B) Service Rules, 2016 (hereinafter referred to as the said rules), in rule 8, for sub-rule (2), the following shall be substituted, namely:- "(2) The authority empowered to impose penalties as specified in rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, and the appellate authority thereunder in respect of the members of the service, shall be as specified in Appendix B-1. (3) The authority competent to hear the appeal against an order as specified under rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, other than an order imposing any of the penalties as mentioned in Appendix B-1, shall be as specified in Appendix B-2."
Notification No. S.O. 03/P.A.5/2017/S.128/Amd./2021. Amendment to Notification No. SO.13/P.A.5/2017/S.128/2018
In the said notification, in the third proviso for the figures , letters, word and sign "10th January, 2020", the figures, letters, word and sign "17th January, 2020" shall be substituted.
Notification No. S.O. 04/P.A.3/2020/S.1/2021. Appointment of date of commencement of Punjab Goods and Services Tax (Amendment) Act, 2020
In exercise of the powers conferred by sub-section (2) of section 1 of the Punjab Goods and Services Tax (Amendment) Act, 2020 (Punjab Act No. 3 of 2020) and all other powers enabling him in this behalf, the Governor of Punjab, on recommendations of the Council, is pleased to appoint the 10th day of November, 2020, as the date on which the provisions of section 7 of the said Act shall be deemed to have come into force.
Notification No. S.O. 05/P.A.5/2017/Ss.148 and 39/ 2021. Special procedure for registered persons under Punjab GST
In exercise of the powers conferred by section 148 read with sub-section (7) of section 39 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No. 5 of 2017), (hereinafter referred to as the said Act) and all other powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, is pleased to notify the registered persons, notified under proviso to sub-section (1) of section 39 of the said Act, who have opted to furnish a return for every quarter or part thereof, as the class of persons who may, in first month or second month or both months of the quarter, follow the special procedure such that the said persons may pay the tax due under proviso to sub-section (7) of section 39 of the said Act, by way of making a deposit of an amount in the electronic cash ledger equivalent to, - (i) thirty five per cent. of the tax liability paid by debiting the electronic cash ledger in the return for the preceding quarter where the return is furnished quarterly; or (ii) the tax liability paid by debiting the electronic cash ledger in the return for the last month of the immediately preceding quarter where the return is furnished monthly: Provided that no such amount may be required to be deposited- (a) for the first month of the quarter, where the balance in the electronic cash ledger or electronic credit ledger is adequate for the tax liability for the said month or where there is nil tax liability; (b) for the second month of the quarter, where the balance in the electronic cash ledger or electronic credit ledger is adequate for the cumulative tax liability for the first and the second month of the quarter or where there is nil tax liability: Provided further that registered person shall not be eligible for the said special procedure unless he has furnished the return for a complete tax period preceding such month.
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