THE PUNJAB REQUSISTIONING AND ACQUISTION OF
IMMOVABLE PROPERTY RULES,1954
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Section |
Subject |
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1.
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2.
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3.
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Procedure to be followed by
competent authority for purpose of section |
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4.
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5.
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6.
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7.
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8.
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9.
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10.
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Appeals |
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11.
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Summoning of persons and
witnesses and production of documents |
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12.
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REQUISITION FOR PUBLIC RECORD |
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NOTICE |
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THE PUNJAB
REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY RULES, 1954.
1.
Short
Title-These rules
may be called the Punjab Requisitioning and Acquisition of Immovable Property
Rules,1954.
2.
Definitions-In these rules,-
(a)
'Act'
means the Punjab Requisitioning and Acquisition of Immovable Property Act 1953.
(b)
'Form'
means a form appended to these rules.
(c)
'Section'
and 'sub-section' mean respectively a section or sub-section of the Act.
3.
Procedure
to be followed by competent authority for purpose of section-3 (1) -A notice under clause (a) of
sub-section (1) and order under clause (b) of sub-section (1) of section 3 of
the Act shall be in Form 'A'.
4.
Order
of Requisitioning -The
order of requisition under sub-section (2) of section 3 of the Act, and the
notice under sub-section (1) of section 4 of the Act shall be issued in Form
'E'.
5.
Breaking
open of locks on requisitioned property -Where the possession of a requisitioned
property is not handed over in compliance with an order issued under
sub-section (1) of section 4 of the Act and the premises are found locked, the
competent authority or any other person authorised by it in writing in this
behalf may break open the lock in the presence of two witnesses [of the
locality] and take possession of the property.
Provided that :-
(i)
before
any such action is taken the competent authority shall satisfy itself that the
order under sub-section (1) of section 4 has bn duly served on the party
concerned and that the party is evading compliance with the order ;
(ii)
the
powers under this rule shall not be exercised at any time after sunset or
before sunrise ; and
(iii)
where
possession is taken in pursuance of the powers conferred by this rule, an
inventory of the articles found in the premises shall be made in the presence
of two witnesses [of the locality] and such articles shall be stored in safe
custody.
6.
Repairs
to requisitioned premises -A notice under sub-section (2) of section 5 of the Act shall be in Form
'F'. The time for execution of repairs to be specified in the notice shall be
such as the competent authority may deem reasonable having regard to the nature
of repairs and other circumstances of the case.
7.
Procedure
to be followed in releasing the property -(1) For the purpose of sub-section (2) of
section 6 the competent authority, may, if it considers it necessary so to do,
make or cause to be made by an officer empowered in this behalf by it, an
enquiry to obtain information in respect of the following natters, namely :-
(i)
the
name and address of the person from whom the property was requisitioned;
(ii)
the
name and address of the person in possession of the property at the time the
property was requisitioned ;
(iii)
the
name of the person who has been receiving compensation ;
(iv)
whether
any alternative accommodation was provided to the occupant when the property
was requisitioned or whether any compensation was paid to him for vacating the
property, or whether the occupants, if any, relinquished the claims for
reoccupation of the property;
(v)
whether
the occupant was a bona fide tenant of the property or was an unauthorised
occupant or has no claim in law for the restitution of the property ;
(vi)
whether
the owner of the property on whom the requisitioning order was first served,
has sold the property and if so, to whom ;
(vii)
in
case the property has been sold whether the owner has sold all rights in
respect of the property ;
(viii)
whether
there is any objection to the property being derequisitioned in favour of the
owner from whom the property was requisitioned ;
(ix)
the
state of repairs of property at the time of enquiry ;
(x)
whether
any structure of articles belonging to Government have been erected or
installed in the property and their value ;
(xi)
the
condition of the property at the time of requisition and whether the property
is in as good a condition as it was when possession thereof was taken subject
to change caused by reasonable wear and tear or irresistible force;
(xii)
the
estimated cost of restoration ; and
(xiii)
any
other matter that the competent authority may consider necessary for the
purpose of specifying the person to whom possession of the property may be
given.
(2) An order under sub-section (2)
of section 6 shall be issued in Form 'G'.
(3) A notice under sub-section (4)
of section 6 shall be in Form 'H'.
8.
Acquisition
of requisitioned property - A notice under sub-section (1) of section 7 of the Act calling upon
the owner or any other person interested in a requisitioned property to show
cause why the property should not be acquired, shall be in Form 'I'. A notice
of actual acquisition shall be in Form 'J'.
9.
Arbitration
- An arbitrator
appointed under clause (b) of sub-section (1) of section 8 shall complete the
arbitration proceedings and give his award within four months. The State
Government may, if it thinks fit whether the time for making the award has
expired or not and whether the award has been made or not, enlarge from time to time, the time for making the award.
(2) An
arbitrator shall take down the evidence of witness, not ordinarily in the form
of question and answer, but in that of a narrative and shall sign it.
(3) Where
before an arbitrator is able to finish the arbitration proceeding and make his
award, a new arbitrator is appointed, the new arbitrator may deal with the
evidence taken down by his predecessor as if such evidence had been taken down
by him and proceed with the arbitration proceedings from the stage at which his
predecessor left it.
(4) The
costs of arbitration and award shall be in discretion of the arbitrator who may
direct to and whom, and in what manner, they or any part thereof shall be paid,
and in case an appeal is preferred to the High Court, such costs and the costs
of the appeal shall be in the discretion of the High court, who may direct to,
and by whom and in what manner, they or any part thereof shall be paid.
10.
Appeals
-(1) Appeals under
section 10 [or 10-A] shall be addressed to the Secretary to the Punjab
Government in the Home Department.
(2) Every appeal shall contain the
grounds of appeal and shall be accompanied by a copy of the order against which
the appeal is preferred.
11.
Summoning
of persons and witnesses and production of documents -An order under section 12 of the
Act summoning and enforcing the attendance of any person and examining him on
oath or requiring the discovery and production of any document shall be issued
in Form 'B'. An order requisitioning public records from any court or office
shall be issued in Form 'C', while an order issuing commissions for examination
of witnesses shall be in Form 'D'.
12.
Inspection
of premises -The
competent authority or any officer, empowered in this behalf by such authority,
by general or special order, shall not in exercise of the powers conferred by
section 14, enter upon any property after sunset or before sunrise.
WHEREAS I.____________________,
being the competent authority under the punjab
(name and designation)
Requisitioning and Acquisition of
Immovable Property Act,1953 (XI of 1953) am of opinion that the property
described in the Schedule hereto annexed is needed/or likely to be needed for a
public purpose,*____________________________________, being a purpose of the
State and that the said property should be requisitioned ;
NOW,
THEREFORE ;in exercise of the powers conferred by sub-section (1) of section 3
of the said Act, I, as the competent, authority, hereby call upon
________________,(name of person) being the *owner of the said
property____________________________ to show cause within fifteen person in
possession of the property days of the date of service of this instrument upon
him why the said property should not be requisitioned and I further direct that
neither the owner of the said property nor any other person shall without my
permission dispose of or structurally alter the said property or let it out to
a tenant until the expiry of two months from the date of service of this
instrument upon him
SCHEDULE
Competent Authority.
Signature.
Designation.
RULES,1954
FORM 'B'
(See Rule 11)
SUMMONS TO WITNESS.
Case No.__________________of 195.
In the
office________________________
Proposed/requisitioning/acquisition/fixation
of compensation in
respect of
__________________________
To
____________________________.
____________________________.
WHEREAS
your attendance is required to give evidence/produce the documents described in
the list enclosed in the case, you are hereby required (personally) to appear
before the undersigned on the _______________ day of _______________ 195, at
_________________o'clock in the forenoon/afternoon and to bring with you (or to
send to this office) the said documents.
In
case you fial to comply with this order without lawful excuse, you will be
subject to consequence of non-attendance laid down in Rule 12 of order XVI of
the C.P.C.
Given
under my hand and the seal of this office this _______________ day of
_________________195.
(SEAL)
Competent
Authority/Arbitrator.
(See Rule 11)
REQUISITION FOR PUBLIC RECORD
To
________________________,
__________________________,
____________________________,
Please
arrange to sand per bearer/through your clerk on the public record(s) mentioned
below for my examination in connection with the proposed
requisitioning/acquisition/fixation of compensation in respect of ________________________________________________RULES,1954
Given
under my hand and seal of this office this ________________ day of
_______________195.
Details of Record.
1._________________.
2._________________.
Competent Authority/Arbitrator.
(SEAL)
(See rule 11)
FORM OF COMMISSION
IN THE MATTER OF
________________________________
It is ordered as follows :-
1.
A
commission may issue direction to ________________ of ________________ for the
examination upon interrogatories or viva voce before the aforesaid Commissioner
of the following witnesses:-
(1)_______________________.
(2)_______________________.
(3)_______________________.
2.
In the
event of any witness on his examination, cross-examination or re-examination
producing any book, document, letter, paper or writing and refusing for good
cause to be stated in his deposition, to part with the original thereof, then a
copy thereof, or extract therefrom certified by the commissioner to be true and
correct copy or extract shall be annexed to the witness's deposition.
3.
Each
witness to be examined under the Commission shall be examined on oath,
affirmation or otherwise in accordance with his religion by or before the siad
Commissioner.
4.
The
depositions to be taken under and by virtue of the sain Commission shall be
subscribed by the witness or witnesses and by the Commissioner.
5.
The
interrogatories, cross-interrogatories and deposition, together with any
documents referred to therein or certified copies thereof or extracts therefrom
shall be sent to competent authority
the __________________
on or before the ________________ day of, arbitrator
or such further or other
day as may be ordered by registered post.
Dated
this_______________day of ________19 .
Competent Authority/Arbitrator.
FORM 'E'
ORDER AND NOTICE
WHEREAS by a notice issued under
sub-section (1) of section 3 of the
Punjab Requisitioning and Acquisition of Immovable Proerty Act,1953 (XI of
1953) _________________________ was called upon to show cause within the period
specified
(enter name of the person)
therein why the property specified
in the Schedule hereto annexed should not be requisitioned ;
AND
WHEREAS the said period has expired and no cause has been shown against the
said notice or/the cause shown against the notice has been considered ;
NOW,
THEREFORE, in exercise of the powers conferred by sub-section (2) of section 3
and by section 4 of the said Act,
I,_____________________,
____________________ being a competent authority under (name) (designation)
the said Act having been satisfied
that it is necessary or expedient so to do, do hereby requisition the said
property and I hereby order the said___________________________ (enter the
name) to surrender or deliver possession thereof to
____________________________ with in (enter the designation of officer) thirty
days of the service of this notice.
If
the said ___________________ refuses or fials to comply with the above
order, (enter the name) it shall be
lawful for me to take possession of the property and for that purpose to use
such force as may be necessary.
SCHEDULE
Signature.
Designation.
To
__________________,
___________________,
____________________,
FORM 'F'
ORDER
WHEREAS the premises known as
________________________ have been requisitioned under section 3 of the Punjab
Requisitioning and Acquisition of Immovable Property Act,1953 (XI of 1953);
AND
WHEREAS the said premises are in need of repairs specified in the Schedule
hereto appended;
NOW,
THEREFORE, in exercise of the powers conferred by sub-section (2) of section 5
of the said Act, I,______________________________, __________________,
(enter name) (enter
designation)
being the competent authority, under
he said Act do hereby order ________________________________, the landlord of
the said premises to execute, the repairs specified in the schedule, being
repairs which are necessary and are usually made by landlords in the locality
in which the premises are situated within a period of
______________________from the date of service of this notice.
If the said
landlord fails to execute the repairs specified in this order within the
aforesaid period, I shall cause the same to be executed at his expense and the
cost thereof shall, without prejudice to any other mode of recovery be deducted
from the compensation payable to him.
SCHEDULE
Signature.
Designation.
To
____________________.
______________________.
________________________.
ORDER
WHEREAS the property specified in
the Schedule hereto annexed was requisitioned by the order of the
_________________, dated_______________, with effect from the ____________;
AND WHEREAS the competent authority
has now decided that the said property shall be released from requsistion with
effect from _____________________________;
NOW,
THEREFORE, in exercise of the powers coferred by sub-section (3) of section 6
of the Pujab Requisitioning and Acquisition of Immovable Property Act, 1953
(No.XI of 1953), I,________________________, being the competent authority
hereby
(enter name and designation)
specify
Mr./Messrs.____________________________________,as the person/persons to whom
possession of the said property shall be given.
SCHEDULE
Signature.
Designation.
To
________________________.
__________________________.
____________________________.
NOTICE
WHEREAS the property specified in
the Schedule hereto annexed was requisitioned by the order of the
________________, No________________, dated__________________ with effect from
__________________________;
AND
WHEREAS the competent authority has decided that the said property shall be
released from requisition ;
AND
WHEREAS in exercise of the powers conferred by sub-section (2) of section 6 of
the Punjab Requisitiong and Acquisition of Immovable Property Act,1953 (No.XI
of 1953), I,_____________________, ___________________, being a competent
(name) (designation)
authority under the said Act have
specified Shri ___________________________, as the person to whom posession of
the said property shall be given ;
AND
WHEREAS, the said Shri ___________________cannot be found and has no agent or
other person empowered to accept delivery on his behalf;
NOW,
THEREFORE, in exercise of the powers conferred by sub-section (4) of section 6
of the said Act, I,____________, _______________, do hereby declare that the
(name) (designation)
said proerty is released from requisition.
Signature.
Designation.
To
_________________.
___________________.
_____________________.
NOTICE
WHEREAS
THE [*State Government _____________________ (here give the name or designation
of the officer to whom the powers to acquie property under section 17 has been
delegated or are deemed to heve been delegated under section 25 of the Act] is
of opinion that the property described in the Schedule hereto annexed which is
subject to requisition should be acquired
for a public purpose, namely, ___________________.
NOW
THEREFORE, in exercise of the powers conferred by sub-section (1) of section 7
of the said Act, [*the State Government _______________________ hereby calls
[read with Punjab Government notification No.____________, dated the
________] being the owner of the said
property
upon shri
___________________________________ to show the person interested in the said
property
cause within fifteen days of the
date of service of this notice upon him why the said property should not be
acquired.
*Unnecessary
words to be struck off.
SCHDULE
Signature.
Designation.
(SEAL)
To
____________________.
______________________.
________________________.
NOTICE
WHEREAS a notice under the proviso
to sub-section (1) of section 7 of the Punjab Requisitioning and Acquisition of
Immovable Property Act,1953 (XI of 1953) was issued by the [State Governnment
________________________ (here give the name or designation of the officer to
whom the powers to acquire the property have been delegated or are deemed to
have been delegated under section 25 of the Act] to Shri ____________________ being the owner of the
said property _______________________________ calling upon him the person
interested in the said property
to show cause within the period
specified therein why the said property should not be acquired ;
AND
WHEREAS the said period has expired and no cause has been shown against the
said notice/the cause against the said notice has been considered, and the
parties have been given an opportunity of being heard ;
NOW,
THEREFORE, in exercise of the powers of sub-section (1) of section 7 of the
said Act, [the State Government ___________________________________(here give
the name or desigation of the officer to whom the powers to acquire the
property have been delegated or are deemed to have been delegated under section
25 of the Act] having been satisfied tha it is necessary so to do, do hereby
acquire the said property.
SCHEDULE
Signature.
Designation.