Historic Steps for NRP’s
NRI's can now get their multiple properties vacated from tenants
Punjab government amends the Rent act 1995 to allow NRI's to get their multiple properties vacated from tenants.
Punjab amends acts: Punjab Security of Land Tenures (Amendment) Bill & The Pepsu Tenancy and Agriculture Lands (Amendment) bill, Now NRI’s can get their property vacated from tenant.
Punjab Vidhan Sabha, on Tuesday 29th Oct'13, unanimously passed the Punjab Security of Land Tenures (Amendment) Bill, 2013 and The Pepsu Tenancy and Agriculture Lands (Amendment)bill with which the Non-Resident Indians (NRIs) and have got the
right to vacate their property from tenants in the state. Earlier, the state government had in 2008 enacted a law empowering the NRIs and Armed Forces personnel to get their single property vacated from tenants.
Presenting the Bill, Revenue and Rehabilitation Minister Bikram Singh Majithia termed it as a historic step to safeguard the interest of the. Earlier also the Punjab government had given them liberty to vacate single property and now with this amendment,
the NRIs can get their ancestral property and that owned by them for at least 5 years vacated.
Under the new amendments, who have given land on lease or rent, will now be able to get it back without providing alternate arrangements for stay and other strong conditions. A single ownership proof and a visit to the sub-divisional magistrate (SDM) would
do the needful.
Punjab makes 10% Reservation for NRIs in allocation of Residential and Industrial Plots
NRls can now avail security from PESCO while on visit to Punjab
Meeting the long pending demands of NRIs for their personal security while on visit to Punjab and their properties, Punjab Government Undertaking PESCO would supply professionally trained ex-servicemen guards with or without weapons.
To prevent fraud in marriages Punjab Government enacts Punjab Compulsory Registration of Marriages Act 2012
The Punjab Compulsory Registration of Marriages Act 2012, providing for compulsory registration of marriages solemnized under any law governing the parties irrespective of their religion, caste, creed or nationality. Any marriage solemnized in Punjab is
now compulsorily register able and even marriages solemnized outside the state of Punjab can be registered at a place where parties have their temporary residence in Punjab. However, if the marriage is already registered elsewhere, it shall not be registered
again in the state of Punjab.
The new law notifies DC's, DRO's, Tehsildars and NaibTehsildars for easy accessibility in cities, towns and tehsils. The Registrars so designated, shall upon scrutiny verify that the marriage between the parties has been performed in accordance with the
personal law of parties to confirm their marital status and identities. A memorandum of marriage signed by the parties and their priest will be presented to the concerned Registrar within three months of marriage in the jurisdiction where the marriage was
solemnized or where parties have temporary residence if they were married outside Punjab. Refusal to register shall be appealable and the Registrar may also suo moto or on notice call parties and register any marriage performed in his jurisdiction. Any erroneous
or fraudulent entry in a marriage register may be corrected or cancelled after giving opportunity of hearing to persons concerned.
Non-Registration not to Invalidate Marriages
The new law states that no marriage shall be deemed to be invalid solely by the reason or the fact that it was not registered. This shortcoming is attributed to codified personal marriage laws of parties in India by which performance of essential ceremonies
and not registration validates a marriage between parties. Hence, a State enactment cannot undo a law made by Parliament prescribing only ceremonies for recognition of a valid marriage. Consequently, resorting to compulsory registration may have to develop
more as a accepted societal norm and practice for the law to gain recognition. Ailing the fact remains that Punjab has taken the lead to register NRI Marriages which will help in curbing matrimonial frauds to ameliorate the plight of ailing "Nowhere Holiday
Wives". Punjab would do equally well if it were to constitute Family Courts in every district in Punjab under the existing Family Courts Act, 1984, to provide speedy justice to abandoned spouses and deserted children as well. Prevention is better than cure
but redressal of issues arising out of a broken or limping matrimonial relationship must be remedied too simultaneously.
- Every marriage between parties who are Indian nationals or NRIs or foreign nationals solemnized or performed shall be registered.
- Foreign nationals will mean any person who is not an Indian citizen and shall include PIOs and OCIs.
- To avoid any ambiguity, term NRI has been defined in the new Act.
- Whenever any party is an NRI, his passport and foreign address details as also relevant particulars about him shall be entered both in the marriage register as well as the marriage certificate.
- Any marriage solemnized outside Punjab shall also be registered in Punjab. However, if any marriage is already registered elsewhere, it shall not be registered again in Punjab.
- A complete mechanism and procedure for registration has been laid down and identified with nominated Registrars of Marriages.
- The marriage to be registered shall have to be solemnized in accordance with the personal law of the parties to the satisfaction of the Registrar of Marriages concerned.
Non-registration will not invalidate the marriage as such because the new law is only for registration and cannot invalidate a marriage solemnized as per Central Laws.
To prevent exploitation by fraudulent immigration consultants and travel agents Punjab Government enacts "Prevention of Human Smuggling Act, 2012"
Punjab becomes the first state in the country to enact a law of its against human trafficking. For the first time, the act defines "human smuggling" and "travel agent". It provides for a licensing regime for agents, allows grant of compensation to aggrieved
person from the travel agent, gives power of search, seizure and arrest, authorizes Judicial Courts for trials and identifies punishment for offences under the act.
The Punjab Prevention of Human Smuggling Act, 2012, passed by the Punjab Vidhan Sabha on 21 December 2012 is as an Act to provide for the regulation of the profession of travel agents with a view to check and curb their illegal, fraudulent activities, and
malpractices of the persons involved in organized human smuggling in the State of Punjab and for the matters connected there with or incidental thereto. This law has nine noteworthy features.
- For the first time, it defines "human smuggling" and "travel agent".
- Provides for a licensing regime for agents
- Allows grant of compensation to aggrieved person from travel agent.
- Gives power of search, seizure and arrest.
- Authorizes Judicial Courts for trials under the Act.
- Identifies defined variable punishment for offences under the Act.
- Provides for liability of Director, Manager, Secretary of Companies responsible for conduct of their business when negligence can be attributed.
- Authorises Courts to decide whether any illegally acquired property is liable to be confiscated.
- Cheating shall have the same meaning as under the Indian Penal Code.
- Travel agent is defined as a person in a profession that involves arranging, managing or conducting affairs related to sending people abroad.
- It includes consultancy for permanent emigration, obtaining education, work, travel for tourism, cultural entertainment or musical shows, medical treatment, spreading or preaching religion, participating in sport tournaments, issuing advertisements for
travel, holding seminars and lectures to promote emigration, arranging matrimonial alliances for purposes of emigration, and arranging overseas travel for any purpose whatsoever.
- Dishonest misrepresentation with intention to have wrongful gain for inducing, deception, cheating or allurement for above activities is punishable under the Act. If any travel agent wants to advertise or hold seminars, he with have to notify the competent
authority in writing giving complete details of advertisement of seminars.
- The words "travel agent" and "human smuggling" in the Punjab Act, find definition in the following words.
- "Travel Agent" means a person doing the profession which involves arranging, managing or conducting affairs relating to sending persons abroad or which arise out of the affairs of persons sent to a foreign country, and shall include a range of activities
covering diverse practices.
- "Human Smuggling" shall mean and include illegally exporting, sending or transporting persons out of India by receiving money from them or their parents, relatives or any other persons interested in their welfare, by inducing, alluring or deceiving or cheating.
Punjab Government puts check on registration of unwanted FIRs against NRIs by making it mandatory for SHOs to first get approval from the concerned DSP.
Punjab sets up 11 NRI Specific Police Stations -
4* more to be added.
- SBS Nagar
- Ludhiana Rural
- Revenue District Amritsar
- Jalandhar Rural
- SAS Nagar
NRI journalists to get accreditation from Punjab Govt.
NRP Privilege cards issued
252 NRP cards dispatched along with discount booklet.
Discount offered to NRP Card Holder
NRI’s can now easily get mobile sim card while on visit to India
Punjab Chief Minister Parkash Singh Badal sought intervention of Telecom Minister Kapil Sibal to put in place a mechanism to issue local SIM cards to NRIs on the basis of their passports.Government of India has allowed issue of sim card.
"In case of foreign tourists visiting India, the copy of Passport with valid Visa stamp shall be treated as proof of identity. For proof of address, the address of local reference which may also be the tour operator shall be taken. In case, there
is no local reference, the address of stay (hotel etc.) shall be taken"
Punjab government to sponsor 50 meritorious students every year, for higher studies abroad in reputed institutions
NRI can now get there power of Attorney stamped at the district and divisional level in additional to office of the Financial Commissioner revenue Punjab at Chandigarh