Section 46A in The Punjab Agricultural Produce Markets Act, 1961
46A. Vesting of properties of Mandi Townships, etc.
(1)Notwithstanding anything contained in any other law for the time being in force, -(a)all property, movable and immovable and all interests of whatsoever nature and kind therein of the State Government in respect of mandi portion of the mandi townships established by the Colonization Department under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, shall vest in the Committee;(b)anything done or any action taken including any notification, order, scheme, or rule made, permission granted or issued under any proviso of the Punjab New Mandi Townships (Development and Regulation) Act, 1960, relating to the mandi portion shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under this Act;(c)all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the State Government, under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, in respect of mandi portion only, shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Committee;(d)all taxes, fees and other sums of money in respect of the mandi portion due to the State Government under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, shall be deemed to be due to the Committee;(e)all suits, prosecutions and other legal proceedings instituted or which might have been instituted by, or against the State Government under the Punjab New Mandi Townships (Development and Regulation) Act, 1960 and the Colonization of Government Lands (Punjab) Act, 1912, in respect of mandi portion only, may be continued or instituted by, for or against the Committee.(2)If any mandi portion or a part thereof lies within the limits of a municipality, notified areas, gram panchayat area or local area under the Punjab Town Improvement Act, 1922, the State Government, may, by notification in the Official Gazette, direct that any or all the powers under the Haryana Municipal Act, 1973, the Punjab Gram Panchayat Act, 1952 or the Punjab Town Improvement Act, 1922, as are relevant to the purposes of this act, shall, subject to such conditions and restrictions as may be specified in the notification, cease to operate in such mandi portion and the Municipal Committee, the Gram Panchayat, or the Improvement Trust, as the case may be, shall thereafter cease to have jurisdiction over that mandi portion or a part thereof, as the case may be, in respect of such powers.(3)The provisions of the Haryana Municipal Act, 1973, the Punjab Gram Panchayat Act, 1952, and the Punjab Town Improvement Act, 1922, in so far as they are inconsistent with the provisions of this act, shall not apply to the mandi portion or a part thereto.(4)Where any person makes default in the payment of any rent due in respect of lease of any site or building or both, as the case may be or any fees payable for providing, maintaining or continuing any amenity under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, the Secretary of the Committee may direct that in addition to the amount of arrears, a sum not exceeding that amount shall be recovered from the person 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.(5)Where any person makes default in the payment of any amount, being the arrears or penalty, or both, directed to be paid under sub-section (4), such amount may be recovered from him in the same manner as arrears of land revenue.(6)Where any person make default in the payment of any consideration money or any instalment on account of the sale of any site or building, or both, to him the Secretary of the Committee may, by notice in writing, call upon him to show cause within a period of thirty days, why a penalty which shall not exceed ten per cent of the amount due from him, be not imposed upon him.(7)After considering the cause, if any, shown by him and after giving him a reasonable opportunity of being heard in the matter, the Secretary of the Committee may, for reasons to be recorded in writing, make an order imposing the penalty and direct that the amount of money due alongwith the penalty shall be paid by such person within such period as be may specified in the order.(8)If a person fails to pay the amount due together with the penalty in accordance with the conditions of sale or allotment of any site or building to him or commits a breach of any other conditions of such sale or allotment, the Committee may, by notice in writing, call upon him to show cause, within a period of thirty days, 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 to the total amount of the consideration money, interest and other dues payable in respect of the sale or allotment, should not be made.(9)After considering the cause, if any, shown by him in pursuance of a notice under sub-section (8) and any evidence that he may produce in support of the same and after giving him a reasonable opportunity of being heard in the matter, the Committee may, for reasons to be recorded in writing, make an order resuming the site or building or both, as the case may be, and directing the forfeiture as provided in sub-section (8) of the whole or any part of the money paid in respect of such site, etc.[***] [Subsection (10), (11) and (12) omitted by Haryana Act No. 37 of 2008.](13)[ For the purposes of this section 'Mandi portion' means that portion of any type of land or building, inclusive of all encumbrances, enclosures, fittings and fixtures, roads, parks, parkings, passengers, platforms, plots etc., where sale-purchase of agricultural produce or other connected activity of any kind in pursuance of the purposes of the Punjab New Mandi Townships (Development and Regulation) Act, 1960, takes place] [Inserted by Haryana Act No. 1 of 1991.]
