Section 246A in The Punjab Municipal Corporation Act, 1976
246A. [ Prohibition of encroachment upon land, premises or public place.] [Added vide Punjab Act No. 7 of 1995.]
(1)No person shall, in way encroach upon any land, premises or public place, not being private property, whether such land, premises or public place belongs to or vests in a Corporation or not, by raising a temporary or permanent structure thereon or by occupation thereon, in any manner.Explanation. - Parking of Rehri temporarily or setting up steps for providing passage to the houses and shops in a street or a drain, channel, well or tank passing through or by the side of land, premises or public place shall not be construed encroachment within the meaning of this section.(2)The Commissioner or any officer authorised by him in this behalf shall have power to remove any encroachment within the meaning of sub-section (1), and the expenses of such removal shall be paid by the person who has caused the said encroachment.(3)Notwithstanding anything contained in the foregoing provisions of this section the Commissioner or the officer authorised by him in this behalf shall, in addition to any other action which may be taken under this section, also have power to seize or attach any property found on the land, premises or public place referred to in this section, or as the case may be, attached to or permanently fastened to anything attached to such land, premises or public place.(4)Where any property is seized or attached in terms of sub-section (3) by an officer authorised by the Commissioner, he shall immediately make a report of such seizure or attachment to the Commissioner.(5)The Commissioner may make such orders as he may think fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings and if, the property is subject to speedy and natural decay, or it is otherwise expedient so to do, the Commissioner may order it to be sold or otherwise disposed of.(6)Where any such property is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of any such sale or other incidental expenses relating thereto, shall -(a)Where no order of confiscation is passed by the Corporation under sub-section (7); or(b)Where an order passed in appeal under sub-section (11) so requires, be paid to the owner thereof or the person from whom it is seized.(7)Where any property is seized or attached under sub section (3), the Corporation may, subject to the provisions of sub-section (8), order confiscation of such property.(8)No order for confiscating property under sub-section (7) shall be made unless the owner of such property or the person from whom it is seized or attached is give,-(i)a notice, in writing, informing him of the grounds on which it is proposed to confiscate the property;(ii)an opportunity of making a representation, in writing, within such reasonable time as may be specified in the notice against the grounds of confiscation; and(iii)a reasonable opportunity of being heard in the matter.(9)The order of any confiscation made under sub-section (7) shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.(10)Any person aggrieved by such confiscation order may, within one month from the date of the communication to him of such order, appeal against it to the District Judge of the District in which such property is seized or attached.(11)On such appeal, the District Judge may, after giving an opportunity to the appellant and the respondent to be heard direct the order to be stayed pending disposal of the appeal, or may modify, alter or annual the order and make any further order that he may think proper in the matter.(12)Subject to the provisions of sub-section (5), whenever any property is seized or attached pending confiscation under sub-section (7), the Corporation or the District Judge shall have, and notwithstanding anything to contrary contained in any other law for the time being in force, and any other court, tribunal or other authority shall not have jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property.(13)Where a person is prosecuted of an offence for the contravention of the provisions of sub-section (1) under this Act, the burden of proving that he has not committed the said offence shall be on such person.(14)An employee of the Corporation shall not permit anybody to encroach upon or abet to encroach upon any property specified in sub-section (1)(15)No court shall take cognizance of an offence of the contravention of the provisions of sub-section (14) except with the previous sanction of the Corporation.(16)No investigation of an offence for contravention of the provisions of sub-section (1) or sub section (14), as the case may be, shall be made by an officer below the rank of a Deputy Superintendent of Police.
