PUNJAB ENFORCEMENT OF WOMEN'S PROPERTY RIGHTS ACT 2021
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THE PUNJAB ENFORCEMENT OF WOMEN'S PROPERTY RIGHTS ACT 2021 (X of 2021)
TEXT 1THE PUNJAB ENFORCEMENT OF WOMEN'S PROPERTY RIGHTS ACT 2021 (X of 2021)
[17 May 2021] An Act to protect and secure the rights of ownership of women in the property. It is expedient to provide for protection of rights of ownership and possession of properties owned by women, ensuring that such rights are not violated by means of harassment, coercion, force or fraud. Be it enacted by Provincial Assembly of the Punjab as follows:
Section 1. Short title, extent and commencement.
(1) This Act may be cited as the Punjab Enforcement of Women's Property Rights Act 2021.
(2) It extends to whole of the Punjab.
(3) It shall come into force at once.
Section 2. Definitions.
In this Act:
(a) “complainant” means a woman who files a complaint or for whom proceedings are initiated in respect of the title or possession of her property;
(b) “Government” means Government of the Punjab;
(c) “Ombudsperson” means the Ombudsperson appointed under section 7 of the Protection against Harassment of Women at the Workplace Act, 2010 (IV of 2010);
(d) “prescribed” means prescribed by the rules;
(e) “property” includes any moveable and immoveable property; and
(f) “rules” means the rules made under this Act.
Section 3. Powers of the Ombudsperson
In addition to the powers, functions and authority under this Act and the rules, the Ombudsperson, for the purpose of this Act, shall have the same powers, functions and authority as are vested in the Ombudsperson under the Protection against Harassment of Women at the Workplace Act, 2010 (IV of 2010).
Section 4. Complaint to the Ombudsperson in case no proceedings in a court of law are pending
(1) Any woman deprived of ownership or possession of her property, by any means, may file a complaint to the Ombudsperson if no proceedings in a court of law are pending regarding that property:
Provided that the Ombudsperson, on its own motion or on a complaint filed by any person including a non-governmental organization, may also initiate action under subsection (1) in relation to the ownership or possession of a woman's property, if no proceedings are pending in a court in respect of that property.
1This Act was passed by Provincial Assembly of the Punjab on 17 May 2021; assented to by the Governor of the Punjab on 17 May 2021; and, was published in the Punjab Gazette (Extraordinary), dated: 17 May 2021, pp.9203-9205.
(2) The Ombudsperson shall make preliminary assessment of the complaint filed under subsection (1) whereafter he may, if the matter requires further probe or investigation, refer the matter to the concerned Deputy Commissioner, who, after calling the record, if necessary, and issuing notices to the complainant or her adversaries, conduct a summary enquiry and submit a report within fifteen days to the Ombudsperson.
(3) If the matter does not require any detailed probe, investigation or recording of evidence, the Ombudsperson may, after calling any record, if deemed necessary, pass orders under section 5.
(4) The Ombudsperson upon receiving the report under subsection (2), may further conduct such summary enquiry and call for such record as he may deem
fit.
(5) The Ombudsperson after confronting the report of the concerned Deputy Commissioner and the conclusion and findings of his own enquiry, shall call upon the complainant and her adversaries to submit objections, whereafter he may conduct a hearing, and pass orders under section 5, preferably within sixty days of receipt of the complaint under subsection (1).
Section 5. Delivery of possession and transfer of ownership of property to women
(1) On conclusion of the proceedings under section 4, if the Ombudsperson finds that the complainant has been illegally deprived of ownership or possession of her property, he shall direct the Deputy Commissioner or a state functionary or any private person to take steps so as to restore or confer possession or title of the property to the complainant, including measures to perfect such title.
(2) The Ombudsperson may, where deemed fit, direct the officer-in-charge of a police station for such assistance as may be required for the purposes of implementing the orders passed under subsection (1).
(3) The concerned Deputy Commissioner shall submit a compliance report within seven days to the Ombudsperson in respect of implementation of his orders.
Section 6. Reference to court
(1) Notwithstanding anything contained in sections 4 and 5, if upon preliminary assessment, or upon receiving the report of the Deputy Commissioner or upon conducting further summary enquiries by the Ombudsperson himself, he comes to the conclusion that matter requires in-depth enquiry, investigation or detailed recording of evidence or intricate adjudication, he shall formulate a reference along with all the reports and material collected and submit the same to the concerned Civil Court preferably within sixty days of receipt of the complaint under subsection (1) of section 4.
(2) Notwithstanding anything contained in any other law, the Civil Court shall entertain the reference under subsection (1), as a civil suit and proceed further in terms of the Code of Civil Procedure, 1908 (V of 1908) and the relevant rules.
Section 7. Complaint to the Ombudsperson in case proceedings in a court of law are pending
(1) Where proceedings in a court of law are pending in relation to the ownership or possession of any property claimed to be owned by a woman, she may file a complaint under this subsection to the Ombudsperson:
Provided that the Ombudsperson, on its own motion or on a complaint filed by any person including a non-governmental organization may also initiate action under subsection (1) in relation to the ownership or possession of a woman’s property, even if proceedings are pending in a court in respect of that property.
(2) The Ombudsperson shall make a preliminary assessment of the complaint under subsection (1), whereafter he may, if the matter requires further probe or investigation, refer the matter to the concerned Deputy Commissioner, who, after calling the record, if necessary, and issuing notices to the complainant or her adversaries, conduct a summary enquiry and submit a report within fifteen days to the Ombudsperson.
(3) If the matter does not require any detailed probe, investigation or recording of evidence, the Ombudsperson may, after calling any record, if deemed necessary, file a report in the court of law, in which the case is pending, recommending that the proceedings in the court may be terminated or put in abeyance unconditionally or subject to any order of the court, and the Ombudsperson be permitted by the court to take further proceedings under this Act.
(4) Before filing of the report under subsection (3), the Ombudsperson shall call upon the complainant and her adversaries to submit objections, and conduct a hearing and pass orders, preferably within thirty days of the hearing, as to whether the Ombudsperson shall or shall not file a report under subsection (3).
(5) In case the Ombudsperson passes an order of not filing a report under subsection (3), he may advise the complainant to pursue the proceedings in the court of law and terminate the complaint.
(6) The Ombudsperson upon receiving the report under subsection (2), may further conduct such summary inquiry and call for such record as he may deem
fit.
Section 8. Loss of rent
On culmination of proceedings under section 5, the Ombudsperson may also direct the complainant to be paid by the person depriving the said complainant of the use of the property, the amount equivalent to the rent that the property would fetch at the prevalent market rate, for the duration for which the complainant was deprived of the use of such property.
Section 9. Execution of orders
The Ombudsperson may direct any executive state functionary including the relevant Deputy Commissioner where the property of the Complainant is situated, to execute the orders in letter and spirit.
Section 10. Appointment of officers, etc
For carrying out the objects and purposes of this Act, the Government shall appoint such officers as may be required, on such terms and conditions as may be prescribed.
Section 11. Bar of Jurisdiction
No court or other authority shall have jurisdiction:
(a) to question the validity of any action taken, order made or anything purported to have been done under this Act; or
(b) to grant an injunction or stay or to make any interim order in relation to any proceeding before, or anything done or intended to be done or purporting to have been done by, or under the orders or at the instance of the Ombudsperson.
Section 12. Power to make rules
The Government may make rules to carry out the purposes of this Act.
Section 13. Repeal
The Punjab Enforcement of Women's Property Rights Ordinance 2021 (IX of 2021) is hereby repealed.
Print contents from the source
CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Powers of the Ombudsperson 4. Complaint to the Ombudsperson in case no proceedings in a court of law are pending 5. Delivery of possession and transfer of ownership of property to women 6. Reference to court 7. Complaint to the Ombudsperson in case proceedings in a court of law are pending 8. Loss of rent 9. Execution of orders 10. Appointment of officers, etc 11. Bar of Jurisdiction 12. Power to make rules 13. Repeal
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THE PUNJAB ENFORCEMENT OF WOMEN'S PROPERTY
RIGHTS ACT 2021
(X of 2021)
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Powers of the Ombudsperson
4. Complaint to the Ombudsperson in case no proceedings in a court of
law are pending
5. Delivery of possession and transfer of ownership of property to women
6. Reference to court
7. Complaint to the Ombudsperson in case proceedings in a court of law
are pending
8. Loss of rent
9. Execution of orders
10. Appointment of officers, etc
11. Bar of Jurisdiction
12. Power to make rules
13. Repeal
TEXT
1
THE PUNJAB ENFORCEMENT OF WOMEN'S PROPERTY RIGHTS
ACT 2021
(X of 2021)
[17 May 2021]
An
Act
to protect and secure the rights of ownership of women in the property.
It is expedient to provide for protection of rights of ownership and possession of
properties owned by women, ensuring that such rights are not violated by means of
harassment, coercion, force or fraud.
Be it enacted by Provincial Assembly of the Punjab as follows:
1. Short title, extent and commencement .– (1) This Act may be cited as the
Punjab Enforcement of Women's Property Rights Act 2021.
(2) It extends to whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.– In this Act:
(a) “complainant” means a woman who files a complaint or for whom
proceedings are initiated in respect of the title or possession of her
property;
(b) “Government” means Government of the Punjab;
(c) “Ombudsperson” means the Ombudsperson appointed under section 7
of the Protection against Harassment of Women at the Workplace Act,
2010 (IV of 2010);
(d) “prescribed” means prescribed by the rules;
(e) “property” includes any moveable and immoveable property; and
(f) “rules” means the rules made under this Act.
3. Powers of the Ombudsperson . – In addition to the powers, functions and
authority under this Act and the rules, the Ombudsperson, for the purpose of this Act,
shall have the same powers, functions and authority as are vested in the
Ombudsperson under the Protection against Harassment of Women at the
Workplace Act, 2010 (IV of 2010).
4. Complaint to the Ombudsperson in case no proceedings in a court of
law are pending . – (1) Any woman deprived of owners hip or possession of her
property, by any means, may file a complaint to the Ombudsperson if no
proceedings in a court of law are pending regarding that property:
Provided that the Ombudsperson, on its own motion or on a complaint filed by
any person including a non-governmental organization, may also initiate action under
subsection (1) in relation to the ownership or possession of a woman's property, if no
proceedings are pending in a court in respect of that property.
1This Act was passed by Provincial Assembly of the Punjab on 17 May 2021; assented to by the Governor of the Punjab on 17
May 2021; and, was published in the Punjab Gazette (Extraordinary), dated: 17 May 2021, pp.9203-9205.
(2) The Ombudsperson shall make pre liminary assessment of the
complaint filed under subsection (1) whereafter he may, if the matter requires further
probe or investigation, refer the matter to the concerned Deputy Commissioner, who,
after calling the record, if necessary, and issuing notice s to the complainant or her
adversaries, conduct a summary enquiry and submit a report within fifteen days to
the Ombudsperson.
(3) If the matter does not require any detailed probe, investigation or
recording of evidence, the Ombudsperson may, after call ing any record, if deemed
necessary, pass orders under section 5.
(4) The Ombudsperson upon receiving the report under subsection (2),
may further conduct such summary enquiry and call for such record as he may deem
fit.
(5) The Ombudsperson after confron ting the report of the concerned
Deputy Commissioner and the conclusion and findings of his own enquiry, shall call
upon the complainant and her adversaries to submit objections, whereafter he may
conduct a hearing, and pass orders under section 5, prefera bly within sixty days of
receipt of the complaint under subsection (1).
5. Delivery of possession and transfer of ownership of property to
women. – (1) On conclusion of the proceedings under section 4, if the
Ombudsperson finds that the complainant has be en illegally deprived of ownership
or possession of her property, he shall direct the Deputy Commissioner or a state
functionary or any private person to take steps so as to restore or confer possession
or title of the property to the complainant, including measures to perfect such title.
(2) The Ombudsperson may, where deemed fit, direct the officer -in-charge
of a police station for such assistance as may be required for the purposes of
implementing the orders passed under subsection (1).
(3) The concerned Deputy Commissioner shall submit a compliance report
within seven days to the Ombudsperson in respect of implementation of his orders.
6. Reference to court . – (1) Notwithstanding anything contained in sections 4
and 5, if upon preliminary assessment, or upon receiving the report of the Deputy
Commissioner or upon conducting further summary enquiries by the Ombudsperson
himself, he comes to the conclusion that matter requires in -depth enquiry,
investigation or detailed recording of evidence or intricate a djudication, he shall
formulate a reference along with all the reports and material collected and submit the
same to the concerned Civil Court preferably within sixty days of receipt of the
complaint under subsection (1) of section 4.
(2) Notwithstanding anything contained in any other law, the Civil Court
shall entertain the reference under subsection (1), as a civil suit and proceed further
in terms of the Code of Civil Procedure, 1908 (V of 1908) and the relevant rules.
7. Complaint to the Ombudsperson in case proceedings in a court of law
are pending. – (1) Where proceedings in a court of law are pending in relation to the
ownership or possession of any property claimed to be owned by a woman, she may
file a complaint under this subsection to the Ombudsperson:
Provided that the Ombudsperson, on its own motion or on a complaint filed by
any person including a non -governmental organization may also initiate action under
subsection (1) in relation to the ownership or possession of a woman’s property,
even if proceedings are pending in a court in respect of that property.
(2) The Ombudsperson shall make a preliminary assessment of the
complaint under subsection (1), whereafter he may, if the matter requires further
probe or investigation, refer the matter to the concerned Deputy Commissioner, who,
after calling the record, if necessary, and issuing notices to the complainant or her
adversaries, conduct a summary enquiry and submit a report within fifteen days to
the Ombudsperson.
(3) If the matter does not require any detailed probe, investigation or
recording of evidence, the Ombudsperson may, after calling any record, if deemed
necessary, file a report in the court of law, in which the case is pending,
recommending that the proceedings in the court may be terminated or put in
abeyance unconditionally or subject to any order of the court, and the
Ombudsperson be permitted by the court to take further proceedings under this Act.
(4) Before filing of the report under subsection (3), the Ombudsperson
shall call upon the complainant and her adversaries to submit objections, and
conduct a hearing and pass orders, preferably within thirty days of the hearing, as to
whether the Ombudsperson shall or shall not file a report under subsection (3).
(5) In case the Ombudsperson passes an order of not filing a report under
subsection (3), he may advise the complainant to pursue the proceedings in the
court of law and terminate the complaint.
(6) The Ombudsperson upon receiving the report under subsection (2),
may further conduct such summary inquiry and call for such record as he may deem
fit.
8. Loss of rent . – On culmination of proceedings under section 5, the
Ombudsperson may also direct the complainant to be paid by the person depriving
the said complainant of the use of the property, the amount equivalent to the rent
that the property would fetch at the prevalent market rate, for the duration for which
the complainant was deprived of the use of such property.
9. Execution of orders . – The Ombudsperson may direct any e xecutive state
functionary including the relevant Deputy Commissioner where the property of the
Complainant is situated, to execute the orders in letter and spirit.
10. Appointment of officers, etc . – For carrying out the objects and purposes of
this Act, the Government shall appoint such officers as may be required, on such
terms and conditions as may be prescribed.
11. Bar of Jurisdiction. – No court or other authority shall have jurisdiction:
(a) to question the validity of any action taken, order made or anything
purported to have been done under this Act; or
(b) to grant an injunction or stay or to make any interim order in relation to
any proceeding before, or anything done or intended to be don e or
purporting to have been done by, or under the orders or at the instance
of the Ombudsperson.
12. Power to make rules . – The Government may make rules to carry out the
purposes of this Act.
13. Repeal.– The Punjab Enforcement of Women's Property Rights Ordinance
2021 (IX of 2021) is hereby repealed.This law in the library
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does not require any detailed probe, investigation or recording of evidence, the Ombudsperson may, after call ing any record, if deemed necessary, pass orders under section 5. (4) The Ombudsperson upon receiving the report under subsection (2), may further conduct such summary enquiry and call for such record as he may deem fit. (5) The Ombudsperson after confron ting the report of the concer
Section 5
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and findings of his own enquiry, shall call upon the complainant and her adversaries to submit objections, whereafter he may conduct a hearing, and pass orders under section 5, prefera bly within sixty days of receipt of the complaint under subsection (1). 5. Delivery of possession and transfer of ownership of property to women. – (1) On conclusion of the proceedings under section 4, if the Om
Section 4
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eceipt of the complaint under subsection (1). 5. Delivery of possession and transfer of ownership of property to women. – (1) On conclusion of the proceedings under section 4, if the Ombudsperson finds that the complainant has be en illegally deprived of ownership or possession of her property, he shall direct the Deputy Commissioner or a state functionary or any private person to take steps so
Section 4
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the reports and material collected and submit the same to the concerned Civil Court preferably within sixty days of receipt of the complaint under subsection (1) of section 4. (2) Notwithstanding anything contained in any other law, the Civil Court shall entertain the reference under subsection (1), as a civil suit and proceed further in terms of the Code of Civil Procedure, 1908 (V of 1908) a
Section 5
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nder subsection (2), may further conduct such summary inquiry and call for such record as he may deem fit. 8. Loss of rent . – On culmination of proceedings under section 5, the Ombudsperson may also direct the complainant to be paid by the person depriving the said complainant of the use of the property, the amount equivalent to the rent that the property would fetch at the prevalent market r
Provisions explicitly cited in other instruments 1
Section 7 of PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT 2010
Cited by PUNJAB ENFORCEMENT OF WOMEN'S PROPERTY RIGHTS ACT 2021
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d in respect of the title or possession of her property; (b) “Government” means Government of the Punjab; (c) “Ombudsperson” means the Ombudsperson appointed under section 7 of the Protection against Harassment of Women at the Workplace Act, 2010 (IV of 2010); (d) “prescribed” means prescribed by the rules; (e) “property” includes any moveable and immoveable property; and (f) “rules” means the rules made under this Act. 3. Powers of the Ombudsperson . – In additi
Target heading · PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT 2010
15 [7. Ombudsperson.– The Government shall appoint the Ombudsperson on such terms and conditions as may be prescribed. (2) A person shall be qu alified to be appointed as the Ombudsperson who is not less than forty five years of age and– (a) has been or is qualified to be a Judge of a High Court; or (b) has
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