Saturday Brain Storming Thought (113) 15/05/2021

COMPILED BY ER AVINASH KULKARNI

Public Premises Act 1971 (Eviction of Unauthorized Occupants) (23/08/1971)

An act to provide for the eviction of unauthorized occupants from public premises and for certain incidental matters

1) act may be called the Public Premises (Eviction of Unauthorized Occupants) Act 1971

2) it extends to the whole of India

Public Premises

Act was enacted to provide for speedy and summary eviction of unauthorized occupants from premises of Central Government companies in which not less than 51% paid-up share capital is held by CG and corporations (other than local authorities) established under a central acre and owned and controlled by CG

Act also applies to the premises belonging to Delhi Development Authority, the Municipal Corporation of Delhi, and other Municipal bodies

Public premises means any hotel, restaurant, tavern, store, arena, hall or other places of public accommodation, business, amusement or resort

Arena

It is a level area surrounded by seating, in which sports, entertainments and other public events are held

Tavern

It is a place of business where people gather to drink alcoholic beverages and be served food where travelers would receive lodging

Unauthorized Occupation

Occupation of the public premises without any authority for such occupation

Estate Officer

It means an officer appointed as such by the Central Government under section 3 of the act

Eviction from the temporary occupation

Estate officer, after making such inquiry as he deems expedient in the circumstances of the case, is satisfied that any person who was allowed temporary occupation of any public premises are in unauthorized occupation of the said premises, he may, for reasons to be recorded in writing, make an order of eviction of such persons, and take possession thereof and may use force as necessary under section 3(A)

Issue of notice to show cause against the order of eviction (section 4)

An eviction notice in writing within 7 working days from the date of receipt of information regarding unauthorized occupation
Calling upon the person concerned to show cause

Any delay in issuing a notice shall not vitiate the proceedings under the act

Notice shall –

1) specify the grounds on which the order of eviction is proposed to be made

2) require all persons concerned

3) show cause notice

4) to appear before the estate officer

Eviction of unauthorized occupants (section 5)

After satisfaction unauthorized occupation of public premises, the estate officer shall make the order of eviction

After 15 days from the date of order

If persons refuse or fail to comply with the order of eviction, within 15 days, the estate officer can take possession with force if required

Power to remove unauthorized constructions etc (section 5A)

No person shall –

1) erect or place or raise any building or (any movable or immovable structure or fixture)

2) display or spread any goods

3) bring or keep any cattle or other animal

Except in accordance with the authority

Estate officer may serve notice require him either to remove within 7 days as may specify in the notice

Recover the cost of such removal from the person aforesaid as an arrear of land revenue

Under subsection (I) estate officer may, by order, remove or cause to be removed without notice and recover the cost of such removal from such person as an arrear of land revenue

Order of demolition of unauthorized construction (section 5B)

Unauthorized construction which is not authorized by authority, by means of notice (not less than 7 days), a reasonable opportunity of showing cause why such order should not be made

The Estate officer may give the same order or a separate order, at the time of issue of notice to stop the erection of work until the expiry of the period within which an appeal against the order of demolition, if made may be preferred under section 9

The Estate officer can make order relates to being demolished

After demolition, the estate officer may, by order, require the person concerned to pay the expenses of such demolition within such time, and in such number of installments, as may be specified in the order

Power to seal unauthorized constructions (section 5C)

It shall be lawful for the estate officer, at any time, before or after making an order of demolition under section 5B, to make an order directing the sealing of such erection of work or of the public premises in which such erection or work has been commenced or is being carried out on or has been completed in such manner as may be prescribed, for the purpose of carrying out the provisions of this act, or for preventing any dispute as to the nature and extent of such erection or work

Such seal can be removed by the estate officer at the time of demolition

No person shall remove such seal except

a) an order made by estate officer under subsection (2) or

b) under an order of the appellate officer made in an appeal under this act

Disposal of property left on public premises by unauthorized occupants (section 6)

After demolition, the estate officer may, after giving 14 days notice to the persons from whom the possession of the public premises has been taken and after publishing the notice at least one newspaper having circulation in the locality, remove or cause to be removed or disposed of by public auction any property remaining on such premises

Giving or publication of any notice referred to therein shall not be necessary in respect of any property which is subject to speedy and natural decay, estate officer, after recording such evidence as he may think fit, cause such property to be sold or otherwise disposed of in such manner as he may think fit

The amount remained after deducting sale cost, government dues, to be paid to such person as may appear to the estate office to be entitled to the same

In case of dispute, it may refer to a civil court of competent jurisdiction, and decision of the court thereon shall be final

Power to require payment of rent or damages in respect of public premises (section 7)

Any person is in arrears of rent payable in respect of any public premises, estate officer may, by order, require that person to pay the same within such time and in such installment as may be specified in the order

The Estate officer may order the person to pay the damages within such time and installment as may be specified in the order
No order shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause

While such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the estate officer

Every order under this section shall be made by the estate officer as expeditiously as possible and all endeavor shall be made by him to issue the order within 15 days of the date specified in the notice

Powers of estate officer (section 8)

Same powers as are vested in a civil court under CPC, 1908

1) summoning and enforcing the attendance of any person and examine him on oath

2) requiring the discovery and production of documents

3) any other matter which may be prescribed

Appeals (section 9)

1) appeal to an appellate officer who shall be the district judge of the district in which the public premises are situated or such other judicial officer in that district of not less than 10 years standing as the district judge may designate in this behalf

2) appeal within 12 days from date of publication of the order

3) whereas an appeal is preferred from an order of the estate officer, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit

4) every endeavor shall be made to dispose of the appeal finally within one month from the date of filing the appeal, after providing the parties an opportunity of being heard

5) the costs of any appeal under this section shall be in the direction of the appellate officer

6) a presidency-town shall be deemed to be a district and the chief judge or the principal judge of the city civil court therein shall be deemed to be the district judge of the court

Finality of orders (section 10)

every order made by an estate officer, or appellate officer under this act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act

Offenses and penalty (section 11)

1) if any person unlawfully occupies any public premises, he shall be punishable with simple imprisonment for a term which may extend to six months, or with a fine which may extend to Rs five thousand or with both

2) if any person who has evicted from any public premises under this act again occupies the premises without authority, for such occupation, he shall be punishable with imprisonment for a term may extend to one year, fine which may extend to Rs five thousand or with both

3) any magistrate convicting a person may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this act

Offenses under section 11 to be cognizable (section 11A)

The code of criminal procedure 1973 (2 of 1974) shall apply to an offense under section 11 as if it were a cognizable offense

1) for the purpose of investigation of such offense

2) for the purposes of matters, other than – Matters referred to sectionn42 of that code

The arrest of a person except on the complaint of, or upon information received from

Officers appointed by CG
The rank of group A officer
Deputy Commissioner
Secretory
Director

Power to obtain information (section 12)

Every person so required shall be bound to furnish the information in his possession to the estate officer

Liability of heirs and legal representatives (section 13)

Arrears of rent or for the assessment of damages, proceedings may be taken or, as the case may be, continued against the heirs or legal representatives of that person

Recovery of demolition cost or pendent thereof

Amount due to CG, but their liability shall be limited to the extent of the assets of the deceased in their hands

Recovery of rent etc as an arrear of land revenue (section 14)

The estate officer may issue a certificate for the amount due to the collector who shall proceed to recover the same as an arrear of land revenue

Bar of the jurisdiction (section 15)

No court shall have jurisdiction to entertain any suit or proceedings in respect of

1) eviction for unauthorized occupation of any public premises

2) the removal of any building, structure, fixtures, goods, cattle or any animal from any public premises under section 5A

3) the demolition of any building or other structure made or ordered to be made, under section 5B

Sealing of an erection or work or of any public premises under section 5C

4) the arrears of rent payable under subsection (1), damages payable (2), interest payable (2A) of section 7
5) the recovery of

Removal cost
Demolition expenses
CG awarded cost
Rent, damages awarded

Protection of action taken against good faith (section 16)

No suit, prosecution or another legal proceeding shall lie again CG or appellate officer overstate officer in respect of anything which is in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder

Delegation of powers (section 17)

CG, by notification in the official gazette, direct that any power exercisable by it under this Act shall, subject to such conditions if any, as may be specified in the notification be exercisable also by SG or an officer of SG

Power to make rules (section 18)

The CG may, by notification in the official gazette, make rules for carrying out the purposes of this act

Notice
Inquiries
Work allocation to EO
Possession procedure
Assessment of damages
Sealing of erection
Appeal
Any other matter

Modifications or annulment shall be without prejudice to the validity of anything previously done under that rule

Repeal (section 19)

The Public Premises (Eviction of Unauthorized Occupants) Act 1958 (32 of 1958) is hereby repealed

Validation (section 20)

Any judgment, decree, court order, action is taken under this act shall be deemed to be as valid and effective

No suit or other legal proceeding shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under this act

Refund claimed has been declared to be unconstitutional and void

No court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under this act merely on the ground that the said act has been declared to be unconstitutional and void

Compiled by:-

Avinash Kulkarni

Chartered Engineer
Govt Regd Valuer
IBBI Regd Valuer

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Saturday Brain Storming Thought (113) 15/05/2021

COMPILED BY ER AVINASH KULKARNI

Public Premises Act 1971 (Eviction of Unauthorized Occupants) (23/08/1971)

An act to provide for the eviction of unauthorized occupants from public premises and for certain incidental matters

1) act may be called the Public Premises (Eviction of Unauthorized Occupants) Act 1971

2) it extends to the whole of India

Public Premises

Act also applies to the premises belonging to Delhi Development Authority, the Municipal Corporation of Delhi, and other Municipal bodies

Public premises means any hotel, restaurant, tavern, store, arena, hall or other places of public accommodation, business, amusement or resort

Arena

It is a level area surrounded by seating, in which sports, entertainments and other public events are held

Tavern

It is a place of business where people gather to drink alcoholic beverages and be served food where travelers would receive lodging

Unauthorized Occupation

Occupation of the public premises without any authority for such occupation

Estate Officer

It means an officer appointed as such by the Central Government under section 3 of the act

Eviction from the temporary occupation

Issue of notice to show cause against the order of eviction (section 4)

An eviction notice in writing within 7 working days from the date of receipt of information regarding unauthorized occupation Calling upon the person concerned to show cause

Any delay in issuing a notice shall not vitiate the proceedings under the act

Notice shall –

1) specify the grounds on which the order of eviction is proposed to be made

2) require all persons concerned

3) show cause notice

4) to appear before the estate officer

Eviction of unauthorized occupants (section 5)

After satisfaction unauthorized occupation of public premises, the estate officer shall make the order of eviction

After 15 days from the date of order

If persons refuse or fail to comply with the order of eviction, within 15 days, the estate officer can take possession with force if required

Power to remove unauthorized constructions etc (section 5A)

No person shall –

1) erect or place or raise any building or (any movable or immovable structure or fixture)

2) display or spread any goods

3) bring or keep any cattle or other animal

Except in accordance with the authority

Estate officer may serve notice require him either to remove within 7 days as may specify in the notice

Recover the cost of such removal from the person aforesaid as an arrear of land revenue

Under subsection (I) estate officer may, by order, remove or cause to be removed without notice and recover the cost of such removal from such person as an arrear of land revenue

Order of demolition of unauthorized construction (section 5B)

Unauthorized construction which is not authorized by authority, by means of notice (not less than 7 days), a reasonable opportunity of showing cause why such order should not be made

The Estate officer may give the same order or a separate order, at the time of issue of notice to stop the erection of work until the expiry of the period within which an appeal against the order of demolition, if made may be preferred under section 9

The Estate officer can make order relates to being demolished

After demolition, the estate officer may, by order, require the person concerned to pay the expenses of such demolition within such time, and in such number of installments, as may be specified in the order

Power to seal unauthorized constructions (section 5C)

Such seal can be removed by the estate officer at the time of demolition

No person shall remove such seal except

a) an order made by estate officer under subsection (2) or

b) under an order of the appellate officer made in an appeal under this act

Disposal of property left on public premises by unauthorized occupants (section 6)

The amount remained after deducting sale cost, government dues, to be paid to such person as may appear to the estate office to be entitled to the same

In case of dispute, it may refer to a civil court of competent jurisdiction, and decision of the court thereon shall be final

Power to require payment of rent or damages in respect of public premises (section 7)

Any person is in arrears of rent payable in respect of any public premises, estate officer may, by order, require that person to pay the same within such time and in such installment as may be specified in the order

The Estate officer may order the person to pay the damages within such time and installment as may be specified in the order No order shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause

While such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the estate officer

Every order under this section shall be made by the estate officer as expeditiously as possible and all endeavor shall be made by him to issue the order within 15 days of the date specified in the notice

Powers of estate officer (section 8)

Same powers as are vested in a civil court under CPC, 1908

1) summoning and enforcing the attendance of any person and examine him on oath

2) requiring the discovery and production of documents

3) any other matter which may be prescribed

Appeals (section 9)

1) appeal to an appellate officer who shall be the district judge of the district in which the public premises are situated or such other judicial officer in that district of not less than 10 years standing as the district judge may designate in this behalf

2) appeal within 12 days from date of publication of the order

3) whereas an appeal is preferred from an order of the estate officer, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit

4) every endeavor shall be made to dispose of the appeal finally within one month from the date of filing the appeal, after providing the parties an opportunity of being heard

5) the costs of any appeal under this section shall be in the direction of the appellate officer

6) a presidency-town shall be deemed to be a district and the chief judge or the principal judge of the city civil court therein shall be deemed to be the district judge of the court

Finality of orders (section 10)

Offenses and penalty (section 11)

1) if any person unlawfully occupies any public premises, he shall be punishable with simple imprisonment for a term which may extend to six months, or with a fine which may extend to Rs five thousand or with both

2) if any person who has evicted from any public premises under this act again occupies the premises without authority, for such occupation, he shall be punishable with imprisonment for a term may extend to one year, fine which may extend to Rs five thousand or with both

3) any magistrate convicting a person may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this act

Offenses under section 11 to be cognizable (section 11A)

The code of criminal procedure 1973 (2 of 1974) shall apply to an offense under section 11 as if it were a cognizable offense

1) for the purpose of investigation of such offense

2) for the purposes of matters, other than – Matters referred to sectionn42 of that code

The arrest of a person except on the complaint of, or upon information received from

An eviction notice in writing within 7 working days from the date of receipt of information regarding unauthorized occupation
Calling upon the person concerned to show cause

The Estate officer may order the person to pay the damages within such time and installment as may be specified in the order
No order shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause

Officers appointed by CG
The rank of group A officer
Deputy Commissioner
Secretory
Director

4) the arrears of rent payable under subsection (1), damages payable (2), interest payable (2A) of section 7
5) the recovery of

Removal cost
Demolition expenses
CG awarded cost
Rent, damages awarded

Notice
Inquiries
Work allocation to EO
Possession procedure
Assessment of damages
Sealing of erection
Appeal
Any other matter

Chartered Engineer
Govt Regd Valuer
IBBI Regd Valuer