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Start Free TrialPunjab Apartment and Property Regulation Act, 1995 Complete Act
State: Punjab
Year: 1995
.....and circulated a Model Draft Bill, fey the guidance of the State Government to enact such a legislation speedily. Hence this Bill. Scope of the Act. The Act of 1995 has been enacted with a view to regulate the promotion of the construction, transfer and management of apartments on ownership basis, to regulate colonies and property transactions and to provide for registration of promoters and estate agents and enforcement of obligations on promoters and estate agents and for matters connected therewith or incidental thereto. Before the enactment of 1995 Act, the Punjab Regulation of Colonies Act, 1975 occupied the field. However, it was felt that the private colonizers were operating in the State with the sole motive of making profits without regard to the interest and rights of individual buyers of plots/flats. In order to check, control and regulate the activities of private colonisers and protect the interest of the consumers keeping in view the National Housing Policy, the Legislature enacted the 1995 Act. National Housing Policy. - About the necessity for promoting a national housing policy to overcome the acute shortage of housing in our country, this Court had occasion.....
List Judgments citing this sectionThe Punjab Regional and Town Planning and Development Act, 1995 Complete Act
State: Punjab
Year: 1995
THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT, 1995 THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT, 1995 Punjab Act No. 11 of 1995 Legislative History 1. Amended by Punjab Act 4 of 1996 (Notification dated 17-04-1996). 2. Punjab Act No. 13 of 2003 (Notification dated 06-05-2003). 3. Punjab Act No. 30 of 2006 (Notification dated 27-10-2006). Notification The 26th May, 1995 No. 11-Leg./95. - The following Act of the Legislature of the State of Punjab received the assent of the President of India on the 24th May, 1995, and is hereby published for general information :- AN ACT to make provision for better planning and regulating the development and use of land in planning areas delineated for that purpose, for preparation of Regional Plans and Master Plans and implementation thereof; for the constitution of a State Regional and Town Planning and Development Board, for guiding and directing the planning and development processes in the State; for Constitution of a State Urban Planning and Development Authority, Special Urban Planning and Development Authorities and New Town Planning and Development Authorities, for the effective and planned.....
List Judgments citing this sectionWakf Act, 1995 Complete Act
State: Central
Year: 1995
.....to the commencement of that provision in such State or area. SECTION 02: APPLICATION OF THE ACT Save as otherwise expressly provided under this Act, this Act shall apply to all wakfs whether created before or after the commencement of this Act : Provided that nothing in this Act shall apply to Dargah Khawaja Saheb, Ajmer to whichthe Dargah Khawaja Saheb Act, 1955 (?? of 1955)applies. SECTION 03: DEFINITIONS In this Act, unless the context otherwise requires- (a) "beneficiary" means a person or object for whose benefit a wakf is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law; (b) "benefit" does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli; (c) "Board" means a Board of Wakf established under sub-section (1), or as the case may be, under sub-section (2) of section 13-and shall include a common Wakf Board established under section 106-; (d) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 23-; (e) "Council" means the Central Wakf Council established under section 9-; (f).....
List Judgments citing this sectionWakf Act, 1995 Chapter VI
Title: Maintenance of Accounts of Wakfs
State: Central
Year: 1995
.....time, modify the scheme in such manner as may be necessary to bring it in conformity with the directions of the wakf or of the provisions of this Act and the rules made thereunder. (2) Notwithstanding anything contained in this Act and in the deed of the wakf, the Board may, if it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is not functioning properly and satisfactorily, or that the wakf is being mismanaged and that in the interest of its proper management, it is necessary so to do, by an order, supersede such committee, and, on such supersession, any direction of the wakf, in so far as it relates to the constitution of the committee, shall cease to have any force: Provided that the Board shall, before making any order superseding any committee, issue a notice setting forth therein the reasons for the proposed action and calling upon the Committee to show cause within such time, not being less than one month, as may be specified in the notice, as to why such action shall not be taken. (3) Every order made by the Board under sub-section (2) shall be published in the prescribed manner and on such publication shall.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 52
Title: Recovery of Wakf Property Transferred in Contravention of Section 51
State: Central
Year: 1995
.....the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order. (3) Every order passed under sub-section (2) shall be served (a) by giving or tendering the order, or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of the family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor. (4) Any person aggrieved by the order of the Collector under sub-section (2) may within a period of thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final. (5) Where an order passed under sub-section.....
View Complete Act List Judgments citing this sectionFinance Act, 1995 Chapter III
Title: Direct Taxes
State: Central
Year: 1995
.....by virtue of holding a capital asset, being a share or any other security, within the meaning of clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956 (hereafter in this clause referred to as the financial asset), the assessee - (A) becomes entitled to subscribe to any additional financial asset; or (B) is allotted any additional financial asset without any payment, then, subject to the provisions of sub-clauses (i) and (ii) of clause (b)"; (ii) after sub-clause (iii), the following sub-clause shall be inserted, namely :- "(iiia) in relation to the financial asset allotted to the assessee without any payment and on the basis of holding of any other financial asset, shall be taken to be nil in the case of such assessee;". Section 15 - Insertion of New Section 80DDA After section 80DD of the Income-tax Act, the following section shall be inserted, with effect from the 1st day of April, 1996, namely :- '80DDA. Deduction in respect of deposit made for maintenance of handicapped dependant. - (1) In computing the total income of an assessee who is resident in India, being an individual or a Hindu undivided family, there shall be.....
View Complete Act List Judgments citing this sectionFinance Act, 1995 Section 32
Title: Insertion of New Chapter Xivb
State: Central
Year: 1995
.....to in sub-section (1) relates to an assessment year for which the previous year has not ended or the date of filing the return of income under sub-section (1) of section 139 for any previous year has not expired, and such income or the transactions relating to such income are recorded on or before the date of the search or requisition in the books of account or other documents maintained in the normal course relating to such previous years, the said income shall not be included in the block period. 158BB. Computation Of Undisclosed Income Of The Block Period (1) The Undisclosed Income Of The Block Period Shall Be The Aggregate Of The Total Income Of the previous years falling within the block period computed, in accordance with the provisions of Chapter IV, on the basis of evidence found as a result of search or requisition of books of account or documents and such other materials or information as are available with Assessing Officer, as reduced by the aggregate of the total income, or as the case may be, as increased by the aggregate of the losses of such previous years, determined, - (a) where assessments under section 143 or section 144 or section 147 have been.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Chapter V
Title: Registration of Wakfs
State: Central
Year: 1995
.....matter, and after giving a reasonable opportunity to the Executive Officer or a member of his staff of being heard, confirm, modify or reverse the order. Section 39 - Powers of Board in relation to wakfs which have ceased to exist (1) The Board shall, if it is satisfied that the objects or any part thereof, of a wakf have ceased to exist, whether such cesser took place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive Officer, in the prescribed manner, to ascertain the properties and funds pertaining to such wakf. (2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an order (a) specifying the property and funds of such wakfs; (b) directing that any property or funds pertaining to such wakf which have been recovered shall be applied or utilised for the renovation of any wakf property and where there is no need for making any such renovation or where utilisation of the funds for such renovation is not possible, be appropriated, to any of the purposes specific in sub-clause (iii) of clause (e) of sub-section (2) of section 32. (3) The Board may, if it has reason to believe that.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 38
Title: Powers of Board to Appoint Executive Officer
State: Central
Year: 1995
.....spent on the salaries and allowances from the fund of the wakf concerned. (6) The Board may, for sufficient reasons, and after giving to the Executive Officer or a member of his staff, a reasonable opportunity of being heard, suspend, remove or dismiss the Executive Officer or a member of his staff from his post. (7) Any Executive Officer or a member of his staff who is aggrieved by any order of removal or dismissal made under sub-section (6) may, within thirty days from the date of communication of the order, prefer an appeal against the order to the Tribunal and the Tribunal may, after considering such representation as the Board may make in the matter, and after giving a reasonable opportunity to the Executive Officer or a member of his staff of being heard, confirm, modify or reverse the order.
View Complete Act List Judgments citing this sectionThe Punjab Apartment Ownership Act, 1995 Complete Act
State: Punjab
Year: 1995
.....to the exclusion of the other apartments ; (r) "local authority" means a corporation constituted under section 4 of the Punjab Municipal Corporation Act, 1976 (Punjab Act No. 42 of 1976), a committee constituted under section 12 of the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911) or any other authority notified by the State Government for the purposes of this Act ; (s) "majority" or "majority of apartment owners" means the apartment owners with fifty one per cent or more the votes in accordance with the percentage assigned in the conveyance deeds of apartments for voting purposes ; (t) "person", includes company, firm, co-operative society, joint family and an incorporated body of persons ; (u) "prescribed" means prescribed by rules made under this Act ; (v) "promoter" means the person who constructs or causes to be constructed a building consisting of apartments or who converts an existing building or a part thereof into apartments for the purpose of selling all or some of the apartments to other persons and includes his assigns and where the person who constructs or converts a building and the person who sells are different persons, the term includes both of them ; .....
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