CAPITAL OF PUNJAB (DEVELOPMENT AND REGULATION) (CHANDIGARH AMENDMENT)
ACT, 1973 [REPEALED] THE CAPITAL OF PUNJAB (DEVELOPMENT AND
REGULATION) (CHANDIGARH AMENDMENT) ACT,1973 [Act No. 17 of 1973] [09th April,1973] An Act further to amend the Capital of Punjab
(Development and Regulation) Act,1952, as in force in the Union territory of
Chandigarh. BE it
enacted by Parliament in the Twenty-fourth Year of the Republic of India as
follows: -- (1)
This Act may be called the Capital of Punjab
(Development and Regulation) (Chandigarh Amendment) Act,1973. (2)
It shall be deemed to have come into force on
the1st day of November,1966 except section7 which shall come into force at
once. In
section 3 of the Capital of Punjab (Development and Regulation) Act,1952
(Punjab Act XXVII of1952), as in force in the Union territory of Chandigarh
(hereinafter referred to as the principal Act),-- (i)
in sub-section (1), for the words "The
Central Government may", the words "Subject to the provisions of this
section, the Central Government may" shall be substituted; (ii)
for sub-section (3), the following
sub-section shall be substituted, namely: -- "(3) ?Notwithstanding
anything contained in any other law for the time being in force, until the
entire consideration money together with interest or any other amount, if any,
due to the Central Government on account of the transfer of any site or
building, or both, under sub-section (1) is paid, such site or building, or
both, as the case may be, shall continue to belong to the Central
Government.". For
section 8 of the principal Act, the following sections shall be substituted,
namely: -- "8.
Imposition of penalty and mode of recovery of arrears.--(1) Where any transferee makes any default in the payment
of any rent due in respect of any lease of any site or building, or both, as
the case may be, under section 3, or where any transferee or occupier makes any
default in the payment of any fee or tax levied under section 7, the Estate
Officer may direct that in addition to the amount of arrears, a sum not
exceeding that amount shall be recovered from the transferee or occupier, as
the case may be, by way of penalty: Provided
that no such direction shall be made unless the person affected thereby has
been given a reasonable opportunity of being heard in the matter. (2)? ?Where any person makes any default in the
payment of any amount, being the arrears and penalty directed to be paid under
sub-section (1), such amount may be recovered from the transferee or occupier,
as the case may be, in the same manner as an arrear of land revenue. 8A.
Resumption and forfeiture for breach of conditions of transfer.-- (1)
If any transferee has failed to pay the
consideration money or any instalment thereof on account of the sale of any
site or building, or both, under section3, or has committed a breach of any
other conditions of such sale, the Estate Officer may, by notice in writing,
call upon the transferee to show cause why an order Of resumption of the site
or building, or both, as the case may be and forfeiture of the whole or any
part of the money, if any, paid in respect thereof (which in no case shall
exceed ten per cent, of the total amount of the consideration money, interest
and other dues payable in respect of the sale of the site or building, or both)
should not be made. (2)
After considering the cause, if any, shown by
the transferee in pursuance of a notice under sub-section (1) and any evidence
he may produce in support of the same and after giving him a reasonable
opportunity of being heard in the matter, the Estate Officer may, for reasons
to be recorded in writing, make an order resuming the site or building, or
both, as the case may be, so sold and directing the forfeiture as provided in
sub-section (1) of the whole or any part of the money paid in respect of such
sale.". Section9
of the principal Act shall be omitted. In
sub-section (1) of section10 of the principal Act, for the words and figures
"sections 8 and 9", the words, figures and letter "section 8 or
section 8A" shall be substituted. For
section 19 of the principal Act, the following section shall be substituted,
namely: -- "19.
Bar of jurisdiction.--No court shall have
jurisdiction to entertain any suit or proceeding in respect of the recovery of
any arrears or penalty under section 8 or in respect of the resumption of any
site or building, or both, as the case may be, under section 8A or the
forfeiture of any money under that section, or in respect of any order made by
the Central Government or any other authority in the exercise of any power
conferred by or under this Act.". Notwithstanding
any judgment, decree or order of any court, anything done or any action taken
(including any notice issued, any order made for resumption of any site or
building, or both, as the case may be, or any such resumption effected, or any
order made for the forfeiture of any money or any money forfeited, or any order
made for the recovery of any arrears or any arrears recovered, or any penalty
imposed or recovered) or purported to have been done or taken under the
principal Act shall, in so far as it is consistent with the provisions of the
principal Act as amended by this Act, be deemed to be as valid and effective as
if such thing or action was done or taken under the principal Act as amended by
this Act, and accordingly no suit or other legal proceeding shall be maintained
or continued in any court,-- (i)
for the recovery of any site or building, or
both, as the case may be, which has or have been resumed; or (ii)
for the cancellation of any order made for
the resumption of any site or building, or both, as the case may be; or (iii)
for the recovery of any money forfeited; or (iv)
for the cancellation of any order made for
the forfeiture of any money; or (v)
for the refund of any arrears recovered; or (vi)
for the cancellation of any order made for
the recovery of any arrears; or (vii)
for the refund of any penalty recovered; or (viii)
for the cancellation of any order imposing
any penalty.
Preamble - THE CAPITAL OF PUNJAB (DEVELOPMENT
AND REGULATION) (CHANDIGARH AMENDMENT) ACT,1973PREAMBLE