LAND REVENUE BRANCH

 

Instructions regarding Disposal of Uncontested/Contested Mutations and Unregistered/Registered wills on time bound basis.

 

                                                   Government of Punjab

                                Department of Revenue and Rehabilitation

                                                (Land Revenue Branch)                                        

                                                              No. 25/57/2005-LR.II/3337

 

To,

 

                                                All the Commissioners of the Division/

                                                Deputy Commissionrs and

                                                Sub-Divisional Magistrates in the State..        

                                                Chandigarh, dated the 3-10-2005.

        

Subject:-                                 Disposal of Uncontested/Contested Mutations and Unregistered/                                                                                                           Registered wills on time bound basis.

 

                                                                             *******

Sir,                        

 

                                                 I am directed to refer to the subject noted above and to say that Para                         7.4(vii) of the Punjab Land Record Manual interalia lays down that an uncontested mutation shall be attested by the Revenue Officer within a period of three months from the date of concurrence of the event  necessitating the mutation. For the disposal of the contested mutation this period shall not exceeded six months from such date. The Patwari shall make the necessary entries in the mutation register within one month of the event necessitating the mutation and the attestation work shall be completed within the remaining period.

                             

2.                                              Attention in this connection, is invited to Section 34 of the Punjab Land Revenue Act, 1887 which is also reproduced as under:-

                 

               “34. Making of that part of the annual record which relates to landowners, assignees of the revenue and occupancy tenants:-         

 

(1)    Any person acquiring by inheritance, purchase, mortgage, otherwise, any right in an estate as a land-owner, assignee of land revenue or tenant having a right of occupancy, shall report his acquisition of the right to the patwari of the estate.

 

(2)    If the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the Patwari.

 

 

 

(3)    The Patwari shall enter in his register of mutations every report made to him under sub-section (1) or sub-section (2), and shall also make an entry therein respecting the acquisition of any such right as aforesaid which he has reason to believe to have taken place, and of which a report should been made to him under one or other of those of sub-section has not been so made.

 

(4)    A Revenue– Officer shall from time inquire into the correctness of all entries in the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which, under the foregoing sub-section, report should have been made to the patwari and entry made in that register and shall in each case make such order as he thinks fit with respect to the entry in the annual record of the right acquired.

 

(5)    Such an entry shall be made by the insertion in that record of description of the right acquired and by the omission from that record of any entry in any record previously prepared which by reason of the acquisition has ceased to be correct.

 

3.          It would also be useful to refer to the entries in the death register maintained by the Chowkidar of the village and or the Department of Health and Family Welfare duly corroborated by the death certificate issued by the competent authority.

 

4.          The matter of entering and disposal of mutation has been considered by the Government in the light of existing provisions of Land Revenue Act, Land Records Manual and the “ b?v foekov rkfJv” and it is felt that too much time is taken in entering the mutation on the basis of the information available from the above said sources including the Wills. In the wake of fast communication, it has been decided that the patwari must enter the mutation within a period of 15 days from the event necessitating such an entry of mutation. Thereafter, the uncontested/ undisputed mutation should be decided within a period of one month. The villages adjacent to each other and geographically contiguous area should be taken as a cluster and one day fixed for considering the mutation as already laid down vide Punjab Government letter No 25 /109 /2001- L. R.2/ 9533, dated 16-10-2001. An advance notice may be given to the concerned villagers and a copy of such notice should always be put on the notice board in the tehsil, locality of the villages concerned besides mushtari munadi as usual. The Revenue Officer should put up the particulars of the mutations sanctioned or rejected on the notice board on the same day. The Patwari shall specifically report to the concerned Circle Revenue Officer on the last date of every month about the mutations entered and pending.

 

5.            It has also been decided that the mutation fee should be got deposited at the time of registering the deed. A note of this effect must be given on the ‘parcha yadashat’ that fees have actually been deposited wherever mutation has to be considered. In addition, the person concerned may also produce the receipt showing that the fee has been deposited in respect of the particular mutation. The fees once deposited shall not be refunded even if the mutation is rejected/not sanctioned since the process of consideration of mutation has been completed.

 

(4)                    6.             Similarly, the cases of disputed mutation be decided within a period of three months. The process of service of respondents should be done through the issue of dasti summons, mushtari munadi and registered AD simultaneously for speedy completion of this process.

 

 

 

 

7.              The cases filed by NRIs shall be taken up by the Fast Track Courts set up by the Department of Revenue vide letter No. VO/FCR/2005/6508-6513,dated 5-9-2005.

 

8.              Amendment as may be necessary in the provisions of LRM will be conveyed in due course.

 

9.              These instructions may be meticulously complied with and failure to comply with these instructions shall attract the disciplinary proceedings under the relevant rules. This may be brought to the notice of all the officers/ officials concerned.

 

 

      

                                                                                                  Yours faithfully

                                                                                                          Sd/-

                                                                                         Under Secretary Revenue(B)

 

 

Endst. No. 25/57/2005- L. R.11/3338   Chandigarh, dated the 3-10-2005

 

                    A copy is forwarded to the Department of NRI Affairs, Government of Punjab for information and necessary action.

 

 

                                                                                                          Sd/-

                                                                                          Under Secretary Revenue(B)

 

 

Endst. No. 25/57/2005-L. R. 11/3338-A Chandigarn, dated the 3-10-2005.

 

 

                 A copy is forwarded to Director, Land Records, Punjab , Kapurthala Road, Jalandhar for information and necessary action.

 

 

                                                                                                             Sd/-

                                                                                           Under Secretary Revenue(B)

 

                                                       

 

 

 

 

                                           Government of Punjab

                            Department of Revenue & Rehabilitation

                                           ( Land Revenue Branch )

 

                                                  No. 25/71/2005-L. R. 11/3335

 

To,

                           

                            All the Commissioners of the Divisions/

                            all the Deputy Commissioners and

                             the Sub- Divisional Magistrates in the State.

 

                                 Chandigarh, dated the 3-10-2005

 

Subject:-                  Change in the entries of Khasra girdawari in respect of                                   widows consequent upon the death of husband who was                                   cultivating the land.

                                

      

                                                                 *******

Sir,

 

 

                                      I am directed to refer to the subject noted above and to say that change in the entries of khasra girdawari consequent upon the death of the person in whose name the entries of the khasra girdawari stood at the time of his death, the NRI (s) and the serving members of Armed Forces of the Union whose name figures in the cultivating column has been engaging the attention of the State Government.

 

2                               The matter has been considered at length and it has been decided that the entries of khasra girdawari of land standing in the name of NRI (s) in the cultivating column should not be changed except with his/their prior written consent. This practice should also be made applicable to the serving members of the Armed Forces of the Union as well as to persons who are serving on government/non-government assignments in far away stations. Further, if the name of a person existed in the cultivating column on the date of his death and the girdawari was standing in his name the entry should be changed to the name of his widow/legal heirs of the deceased. In other words, the girdawari is to continue in his name till it is changed to the name of the of his legal heirs. It should not be changed without the written and prior consent of the legal heirs.

3.                                         These instructions may be brought to the notice of the officers/officials concerned for meticulous compliance

 

4.                                        Formal amendment in the relevant provisions of the Land Record Manual shall be made in due course of time.

 

                                                                                

       

 

                                                                        

                                                                                         Yours faithfully

                                                                                                    Sd/-

                                                                                                Under Secretary Revenue(B)

 

Endst. No. 25/71/2005-L. R. 11/3336                                      Chandigarh, dated the 3-10- 2005

 

 

                                            A copy is forwarded to all the Financial Commissioners and Administrative Secretaries, Government of Punjab for information and necessary action.

 

 

                                                                                                                  Sd/-

                                                                                           Under Secretary Revenue(B)

 

Endst No. 25/71/2005- L. R. 11 / 3336-A Chandigarh, dated the 3-10-2005.

 

                                       A copy is forwarded to Director, Land Records, Punjab, Kapurthala Road, Jalandhar for information and necessary action.

 

 

 

                                                                                                                   Sd/-

                                                                                            Under Secretary Revenue(B)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     

                                                      Government of Punjab

                                   Department of Revenue & Rehabilitation

                                                ( Land Revenue Branch)

 

                                                       No. 25/68/2005-L. R. 11/ 3339

 

 

To

                                         All the Commissioners of the Divisions/

                                         All the Deputy Commissioners and

                                         The Sub-Divisional Magistrates in State.

 

                                               Chandigarh, dated the 3-10-2005

 

Subject:-                          Demarcation of Land-Completion within specified time.

 

                                                                                *******

 

Sir,                                                                                   

                       

                                           

                                                I am directed to say that the Department of Revenue had issued a  “G'a foekov rkJhv@  sometime back. Vide chapter 9 of this guide it has been explained  that a person has to present his application in duplicate for the demarcation of his land by affixing a Court fee  of Rs.1.25 on a judicial paper to the Revenue Officer. The Revenue Officer is required to keep a record of such a copy in the register and send it to the Kanungo. The Kanungo is to demarcate the land within a period of one month by visiting the spot. The Circle Revenue Officer is also to give a date to the applicant to come present before him so that he could inform him that his work has been attended to or not. It has further to be ensured that the applicant has not to be appear before him on more than two occasion.

 

2.                                             It has also been decided that the cases filled by the NRIs be given special attention. These cases have to be disposed of within a period of one month positively. Even where police help was required in such cases that shall be arranged within this period only. In no case this time limit should be allowed to be violated. In any case, the circumstances shall be explained to the concerned Collector and specific permission may be obtained in writing should this time limit is not possible to be observed.

           

3.                                         These instructions may be brought to the notice of all officers/officials for strict compliance.

 

                                                                                                        Yours faithfully

                                                                                                                 Sd/-

                                                                                               Under Secretary Revenue(B)   

 

Endst. No. 25/68/2005-L.R.II/3340                                 Chandigarh, dated the 3-10-2005.

 

 

                                 A copy is forwarded to the Secretary to Govt. Punjab, Departmant of NRI Affairs for information and necessary action.

 

 

                                                                                                                  Sd/-

 

                                                                                              Under Secretary Revenue(B)

 

Endst. No. 25/68/2005-L.R.II/3340-A                                   Chandigarh, dated the 3-10-2005.

 

                                A copy is forwarded to Director, Land Records, Punjab, Kapurthala Road, Jalandhar for information and necessary action.

 

     

 

                                                                                                                    Sd/-

                                                                                              Under Secretary Revenue(B)     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Most Immediate

Confidential                                Government of Punjab       

                                       Department of Revenue and Rehabilitation

                                                     (Legal and Policy Branch)

 

To

 

                                             1. All the Commissioners of Divisions in the State.

                                             2. All the Deputy Commissioners-Cum-CSC’s in the State.

                                             3. All the Sub-Divisional Magistrates-cum-SC’s in the State.

                                             4. All District Revenue Officers-cum-Additional Custodian in the State.

                                             5. All the Tehsildars-Cum-M.O’s in the State.

 

                                              Memo No. 2/66/70-PL-2/4538

                                              Chandigarh dated the 1-12-2005.

 

Subject:                               The Displaced Persons Claims and Other Laws Repeal Act, 2005-                                              Regarding.

 

                                                                              

                                                                            ******

 

                                              A copy of notification issued by Ministry of Law and Justice, Legislative Department. New Delhi, which has been published in the Gazette of India, Extra-Ordinary-Part-II, Section-I- No. 44 dated 6-9-2005 vide which the Displaced Persons Claims and Other Laws Repeal Act, 2005 (No. 38 of 2005) has been published, is sent herewith for your information and necessary action. Vide this notification the following enactments have been repealed:-

 

 

Sr. No.

Name of the Act

Year

Act No.

1.

The Administration of Evacuee Property Act

1950

31

2.

The Displaced Persons (Claims Act)

1950

44

3.

The Evacuee Interest (Separation) Act

1951

64

4.

The Displaced Persons (Claims) Supplementary Act

1954

12

5.

The Displaced Persons (Compensation and Rehabilitation Act)

1954

 44

 

 

2.                           In view of the above notifications, all the authorities like Financial Commissioner Revenue, Deputy Commissioner-cum-Chief Settlement Commissioner, Sub –Divisional Magistrate cum Settlement Commissioner,Tehsildar-cum-Managing Officer, Chief Settlement Commissioner, Punjab at the Head Quarters, Settlement Commissioner, Punjab at the head quarters, and Managing Officer (HQ) using delegated powers from the Government of India under the Displaced Persons(Compensation and Rehabilitation) Act, 1954 or Rules made there under should stop working with immediate effect.  No fresh cases are to be entertained and no action on the cases pending before them should be taken. They are requested to intimate the number of cases which are pending before them under each of the Acts within two days with complete details including names of parties, dates of filling/institution of application/appeals as well as the present status of each case.

 

3.                                        Similarly, the Custodian General, Punjab and Additional Custodian under the Administration of Evacuee Property Act. 1950 should also stop working with immediate effect and no action on the cases pending before them should be taken. They are also requested to intimate to Government the number of cases which are pending before them within two days with the details including names of parties and dates of filling/institution of applications/appeals and present status of each case.

 

                                                                                                                             Sd/-

                                                                                                         Under Secretary Revenue(S)

                                                                                   

 

I.D.No. 2/66/70-PL-2/4539                                                   Chandigarh, Dated the: 1-12-2005

 

A copy is forwarded to the:-

1.   Private Secretary to the Financial Commissioner Commissioner, Revenue and Secretary to      Government Punjab, Revenue and Rehabilitation Department.

2.   Secretary Revenue-Cum Chief Settlement Commissioner, Punjab.

3.  Additional Secretary Revenue-Settlement Commissioner, Punjab.

4.  M.E.O.-cum-Managing Officer,(HQ).

 

    

                                        For information and immediate compliance.

 

 

                                                                                               

                                                                                                                             Sd/-

                                                                                                        Under Secretary Revenue(S)

                                                                                   

 

I.D.No. 2/66/70-PL-2/4540                                                       Chandigarh, Dated the: 1-12-2005

 

                              A copy is forwarded to the Under Secretary to the Government of India, Ministry of Home Affairs-Jaisalmer House, Mansingh Road New Delhi, w.r.t. their letter No. MHA/RD/SW/CC/99, dated 19.10.2005 for information.

 

 

                                                                                                                               Sd/-

                                                                                                          Under Secretary Revenue(S)

                                       

                                        

I.D.No. 2/66/70-PL-2/4541                                                       Chandigarh, Dated the: 1-12-2005

 

 

                                           A copy is forwarded to the Advocate General, Punjab, Chandigarh, alongwith a copy of notification dated 6.9.2005 for information and necessary action.

 

 

 

                                                                                                                            Sd/-

                                                                                                         Under Secretary Revenue(S)

                                                                                    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                          MOST IMMEDIATE

                                                     No. MHA/RD/SW/CC/99

                                                         Government of India     

                                                    Ministry Of Home Affairs                      

    

                                                                                                          Jaisalmer House, Mansingh                                                                                                                                Road,

                                                                                                          New Delhi

                                                                                                          Dated 21st of September,2005.

To

 

                                                   The Chief Secretaries

                                                   All States/Union Territories

                                                   Government of Punjab

                                                   Chandigarh..

 

Subject:                                     The Displaced Persons Claims and Other Laws Repeal Act,                                                    2005 regarding.

 

                                                  

                                                                             ******

 

Sir,

 

                                          I am directed to refer to the above mentioned subject and to enclose a copy of the Gazette of India, Extraordinary Part II- Section I-No. II- Dated September 6,2005, in which the Displaced Persons Claims and other Laws Repeal Act, 2005(No. 38 of 2005) has been published for general/information.

 

 

                                                                                                            Yours faithfully       

 

                                                                                                            

                                                                                                              (Man Mohan)

 

                                                                                   Under Secretary to Government of India.

 

  CC:- State Secretaries, all States/ Union territories for information and necessary action

 

 

                                                                                                             (Man Mohan)

 

                                                                                    Under Secretary to Government of India.

 

 

 

 

                                                       The Gazette of India

                                                                   Extraordinary

                                                                Part II- Section-I                

                                                    PUBLISHED BY AUTHORITY 

________________________________________________________________________________

 

No. 44                 NEW DELHI, TUESDAY, SEPTEMBER 6,2005/ BHADRA 15,1927.

________________________________________________________________________________ 

 

         Separate paging is given to this Part in order that it may be filed as a separate compilation.

________________________________________________________________________________

 

 

                                                   MINISTRY OF LAW AND JUSTICE

                                                       (LEGISLATIVE DEPARTMENT)

 

                                                     

                                                                                 New Delhi, the 6th September, 2005/ Bhadra 15,                                                                                           1927(Saka)

  

                        The following Act of parliament received the assent of the President on 5th September, 2005 and is hereby published for general information.

      

 

            THE DISPLACED PERSONS CLAIMS AND OTHER LAWS REPEAL ACT,2005.

 

                                                                  No. 38 of 2005.

   

                                                                                                               (5th September, 2006)

                             An Act to repeal the Displaced Persons (Claims) Act, 1950

                             and certain other enactments.

 

                       Be it enacted by Parliament in the Fifty sixth Year of the Republic of India as follows:-

 

  1. This Act may be called the Displaced Persons Claims and other              Short title.

      Laws Repeal Act,2005.

 

     2.    The enactments specified in the Schedule are hereby repealed                  Repeal of  

                                                                                                                                 enactments

 

 

 

 

 

 

 

                                                           The Schedule.

                                                              (Section-2)

 

            Sr. No

                   Name of the Act

    Year

Act No.

1.

2.

3.

4.

5.

 The Administration of Evacuee Property Act.

 The Displaced Persons (Claims) Act.

 The Evacuee Interest (Separation) Act.

 The Displaced Persons (Claims) Supplementary Act.

 The Displaced Persons (Compensation and    Rehabilitation) Act.

   1950

   1950

   1951

   1951

   1951

31

41

61

12

41

                                                                        

 

                                                                            

                                                                                                         L.K. Viswanathan.

                                                                                                Secretary to the Govt. of India.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                Most Immediate                                            

                                                NO. MHA/RD/SW/CC/99                          Confidential

                                            Government of India

                                                   Ministry of Home Affairs.

                                               

                                                                                                         Jaisalmer House, Mansingh Road,

                                                                                                   New Delhi- 110011,

                                                                                                            Dated the 19th October, 2005.           

To,

                                    

                                           The (Adressee)

                                         Government of (State)

                                           (Capital)

                                         (State UT)

 

Subject:-                                   The Displaced Persons Claims and Other Laws Repeal                                                          Act, 2005 regarding.

 

                                                                             *******

Sir,

 

                                       This is in continuation to the letter of even number Dated21st 

September 2005 with which a  copy of the Gazette of India-Extraordinary- Part 11Section 1 – No 41 dated September 6, 2005, was enclosed.

 

 

2.                                                 In this regard, Ministry of Law, Government of India’s opinion dated 6th October 2005 is reproduced below:

 

                                                 “MHA seeks to be advised whether after the coming into force of the Displace Persons Claims and Other Laws Repeal Act, 2005, all/some of the notified authorities under Displaced Persons (Compensation and Rehabilitation) Act, 1954 will be deemed to be discontinued or not.

 

                                              “2. the Displaced Persons (Claims) Act,1950, the Administration of the Evacuee Property Act, 1950, the Evacuee interest ( Separation ) Act, 1951, the Displaced Persons ( Claims ) Supplementary Act, 1954 and the Displaced persons ( Compensation and Rehabilitation ) Act, 1954 were enacted, inter alia to make provisions for the registration and verification of claims of displaced persons in respect of immovable property in Pakistan, the administration of evacuee, providing for the separation of the interests of evacuees from those of other persons in property in which other persons are also interested, the payment of compensation and rehabilitation grant to displaced persons and the disposal of certain proceedings pending under the Displaced Persons ( Claims ) Act, 1950.

 

 

 

      

3.                                                   It had come to the notice of Central Govt. that a number of persons unconnected with claimants, posing as their legal heirs were presenting fraudulent claims for lands. It was therefore, felt necessary to repeal the aforesaid Acts and to discourage such fraudulent claims and consequently these Acts were repealed by the Displaced Persons Claims and Other Laws Repeal Act, 2005. The repealing Act was enacted pursuant to the recommendations of Core Group which recommended the repeal of aforesaid Acts and Rules make there under .

“4.                                                         The question for our consideration therefore is whether the proceedings, which were initiated before the repeal of aforesaid Acts, could continue even after the said repeal. In this contest Sec6(c) of the General Clauses Act (GC Act) would be relevant which reads as under:

 

Effect of repeal- Where this Act or any Central Act or regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears shall not-

 

    (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

 

“5. In Kohlapur Canesagar’s case (AIR 2000 SC 811), the Apex Court has held as under:

 

The position is well known that at common law, the normal effect of repealing a statute or deleting a provision is to obliterate it from the statute book as completely as it had never been passed, and the statute must be considered as a law that never existed. To this rule, an exception is engrafted by the provisions of Section 6(1). If a provision of a statute is unconditionally omitted without a saving clause in favour of pending proceedings, all actions must stop where the omission finds them and if final relief has not been granted, before the ommission goes into effect, it cannot be granted afterwards. Saving of the nature contained in Section 6 or in special acts may modify the position. Thus the operation of repeal or deletion as to the future and the past largely depends on the savings applicable. In a-case where a particular provision in a statute is omitted and in its place another provision dealing with the same contingency is introduced without a saving clause then it can be reasonably inferred that the intention of the legislature is that the pending proceedings shall not continue but a fresh proceeding for the same purpose may be initiated under the new provision.

 

“6. Now, coming back to Section 6(C) of the GC Act and the effect thereof on the proceedings, a reference may be made to decision of Apex Court in M.S Shiyananda case (1980) 1.SCC 149 therein the Apex Court has held as under:

 

         The distinction between what is , and what is not a right preserved by the provision of Section 6 of the General Clauses Act is often one of great fineness. What is unaffected by the repeal of a statute is a right acquired or accrued under it and not a mere hope or expectation of, or liberty to apply for, acquiring a right.

“7. The Apex Court in Bansidhar case 1989 (2) SCC 557 has again held that “right” must be “Accrued” and not merely an in inchoate one.

“8. Thus under the repealed Acts, there is no “accrued” or “acquired” right in favour of the claimants what is a mere hope or expectations.

“9.  In view of the above legal position and reading through SOR of said repealing Act, we are of the opnion that the proceedings under the repealed Acts will come to an end and cannot continue after such repeal”.

 

2.                Special attention is invited to Para-9 of Ministry of Law’s opinion.

3.                You are advised to take appropriate necessary action without delay. 

    

                                                                                                     

                                                                                                         Yours faithfully,

                                                                                                                  Sd/-

                                                                                                       (Man Mohan)

                                                                                Under Secretary to the Govt. of India.

 

CC: The Secretary, Department of “Department”, Govt. of “State UT” “Capital” “State UT”- for information and appropriate necessary action, and with the advise that this may also be circulated to all concerned without delay. 

 

Copy also to : All Officers ( Section Officers and above ) in Rehabilitation and Settlement Wing of  MHA { Government of India } for information and appropriate necessary action.

 

               

      

                                                                                                         ( Man Mohan )

              

                                                                             Under Secretary to the Government of India

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                   MOST IMMEDIATE

                                                                                                                   Ministry of Home Affairs   

 

                                                 No. MHA/RD /SW / CC / 99

                                                      Government of India

                                                     Ministry of Home Affairs

 

 

                                                                                                       Jaisalmer House, Mansingh Road,

                                                                                                       New Delhi-110011.

                                                                                                       Dated the 18th November, 2005.

To

 

                                          The Chief Secretary,

                                          Government of Punjab,

                                          Chandigarh,

                                          Punjab

 

Subject:                                   The Displaced Persons Claims and Other Laws Repeal Act,                                                  2005- regarding.

 

                                                                ******

                                                 This is in continuation of the letters of even number dated 21st September 2005 and 19th October 2005.

 

2.                                       In this regard, Ministry of Law and Justice, Government of India’s opinion was further obtained requesting them to advice whether after the coming into force of the Displaced Persons Claims and Other Laws Repeal Act, 2005, all/some of the notified authorities under the Repealed Acts may be formally discontinued or not/ will be deemed to be discontinued (or not).

 

3.                                              Ministry of Law, vide their opinion dated 9th November 2005 have              opined that:-

 

             “………As observed from the Repealed Act, 2005 there is no saving clause in the                    Repealing Act which would validate the actions taken before coming into force of the Act.             The statutory authorities appointed are required to exercise their powers or take actions as             mentioned in the Repealed Act. Hence in view thereof, after the repeal of these acts no             action can be taken or any authority exercised under the repealed acts by these notified             authorities. In the circumstances the notified authorities shall be deemed to be             discontinued……”

 

4.        You are advised to take appropriate necessary action without delay.

 

                                                                                                             

 

 

 

Yours faithfully

 

                                                                                                                         ( Man Mohan )

 

                                                                                    Under Secretary to the Government of India

                                                                                           

 

C:                       The Secretary, Department of Rehabilitation, Government of Punjab, Chandigarh, Punjab for information and appropriate necessary action, and with the advice that may also be circulated to all concerned without delay.

 

 

Copy also to:    All Officers 9 Section Officers and above ) in Rehabilitation and Settlement Wing of MHA[Government of India ]for information and appropriate necessary action.

 

 

                                                                                                             ( Man Mohan )

                        

                                                                                 Under Secretary to the Government of India