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Punjab · Act · 2021

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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Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: b30be4a13c58e11d7ab9ecbfc44ee22ac5945d78fb2cfee07b45381e19de77db.

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.
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Section 5

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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

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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

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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

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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

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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

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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

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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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PUNJAB ENFORCEMENT OF WOMEN'S PROPERTY RIGHTS ACT 2021
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