Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in any other law of the State of Punjab for the time being in force, and subject to the provisions of sub-section (2), every slum dweller, occupying land in a slum in any urban area by such date as may be notified by the Government, shall be entitled for settlement of land occupied by him or on such other land as may be notified by the Government and a certificate of proprietary rights of land shall be issued in accordance with the provisions of this Act: Provided that the Municipalities desirous of transferring Municipal Properties in accordance with the provisions of this Act, shall pass a resolution with simple majority to this effect: Provided further that if the land occupied by a slum dweller belongs to any statutory Board or Corporation or any Department of the Punjab Government, consent of such Board or Corporation or the Department shall be obtained before the settlement of land under this Act. (2) The proprietary rights on such land shall be settled in favour of a slum dweller to the extent specified hereinafter, namely:- Proprietary Rights. 54 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020 (CHTR 12, 1942 SAKA) (a) a slum dweller shall be entitled to a land as nearly as may be,- (i) where the slum is situated within the Municipal Corporation area, not exceeding thirty square meter; (ii) where the slum is situated within the Municipal Council area, not exceeding forty-five square meter; and (iii) where the slum is situated within the Notified Area Committee area, not exceeding sixty-square meter: Provided that where a slum dweller is not getting in-situ settlement, in such a situation the maximum limit of land in a relocation site shall not exceed thirty square meter: Provided further that where the slum dweller is in occupation of land in any of the areas mentioned in sub- clauses (i) to (iii), less than the maximum area mentioned therein, the land in actual occupation of such slum dwellers shall be settled accordingly; (b) where the slum dweller belongs to EWS category, the proprietary rights of land shall be settled free of cost; (c) where the slum dweller belongs to a category other than EWS, the land shall be settled at such rates, as may be determined by the Government from time to time; and (d) where a slum dweller occupies land beyond the maximum permissible limit provided under clause (a), irrespective of the category he may belong to, such excess land shall be settled in favor of the occupant at such rates as may be determined by the Government from time to time and in case it is not done so for reasons to be recorded in writing by the Authorized Officer, the slum dweller shall voluntarily vacate such excess land and the Authorized Officer shall take over the possession of such excess land before the issue of the certificate of proprietary rights of land. 55 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020 (CHTR 12, 1942 SAKA) (3) The proprietary rights of land so settled under sub-section (1), shall be inheritable but not transferable by sub-lease, sale, gift, or any other manner whatsoever for thirty years from the date of issue of certificate of proprietary rights of land: Provided that the land so settled may be mortgaged for the purpose of raising finance in the form of housing loan from any financial institution. (4) The certificate of the proprietary rights of land shall be issued jointly in the name of both the spouses in case of married persons and in the name of single head in the case of a household headed by a single person. (5) If the slum dweller, with whom the proprietary rights of land has been settled or right has accrued for allotment of any land under this Act, transfers of such land, except by way of mortgage under sub-section (3), or the said land is not used for residential purposes, the following consequences shall follow, namely:- (a) the certificate of proprietary rights of land issued under sub-section (1), shall automatically stand cancelled; (b) such transfer shall be null and void; (c) no rights shall accrue to the transferee in respect of such land; (d) the Authorized Officer shall dispossess the person who is in actual possession of such land; (e) such slum dweller shall be debarred from getting any land in future under this Act; and (f) such slum dweller shall be guilty of an offence under this Act. (6) The slum dweller, with whom the proprietary rights of land has been settled under this Act, shall not hold any certificate of proprietary rights of land in any other urban area of the State of Punjab and if he holds any such certificate, he shall surrender all such certificate(s) to the Authorized Officer in such manner, as may be prescribed. 56 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2020 (CHTR 12, 1942 SAKA) (7) If any slum dweller is found to have obtained more than one certificate of the proprietary rights of land by way of misrepresentation of facts, the Authorized Officer shall, after giving reasonable opportunity of being heard to such slum dweller, cancel all the certificates of the proprietary rights of land and without prejudice to the penalty that may be imposed under this Act, dispossess him from such land. (8) The evidence for the grant of certificate of proprietary rights of land under sub section (1) in favour of a slum dweller shall include,- (a) Government authorized documents such as aadhaar card, voter identity card, ration card under National Food Security Act, 2013, smart card under Sarbat Sehat Bima Yojana (SSBY) or passport; or (b) Government records such as Census, survey, maps, satellite imagery, plans, reports, reports of committees and commissions, Government orders, notifications, circulars or resolutions. (9) The certificate of proprietary rights of land granted under sub-section (1) shall be acceptable as evidence for address proof of residence.