Act 027 of 1950 : Public Premises (Eviction) Act, 1950

Section 1. Short title and extent

1. Short title and extent.-(1) This Act may be called the ¹[Public Premises] (Eviction) Act, 1950.

(2) It extends to the whole of India ²[* * *].

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Prior to amendment by Act 62 of 1956, Section 1 read as:

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1. Short title and extent.-(1) This Act may be called the ³[Public Premises] (Eviction) Act, 1950.

(2) It extends to the whole of India except ⁴[the States of Jammu and Kashmir].

Section 2. Definitions

2. Definitions.-In this Act, unless the context otherwise requires,-

(a) "competent authority" means any person authorized by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification;

¹[(b) ‘Government premises’ means,-

(i) in relation to the State of Jammu and Kashmir, any premises or land belonging to, or taken on lease by or on behalf of the Central Government, or acquired or requisitioned on behalf of the Central Government by the State Government; and

(ii) in relation to the rest of India, any premises or land belonging to, or taken on lease or requisitioned by, the Central Government or requisitioned by the competent authority under the Requisitioning and Acquisition of Immovable Property Act, 1952, (30 of 1952) and, in relation to the State of Delhi, includes also any premises or land belonging to any municipality in Delhi or any land belonging to the Improvement Trust, Delhi, whether such land is in the possession of, or leased out by, the Improvement Trust;]

(c) "premises" ²[means any land or any building] or part of a building and includes-

(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building, and

(ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof;

(d) "prescribed" means prescribed by rules made under this Act;

³[(e) "unauthorized occupation", in relation to any person authorized to occupy public premises, includes the continuance in occupation by him of the premises after the authority under which he was allowed to occupy the premises, has been duly determined.]

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Prior to amendment by Act 62 of 1956, Section 2 read as:

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2. Definitions.-In this Act, unless the context otherwise requires,-

(a) "competent authority" means any person authorized by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification;

⁴[(b) "public premises" means any premises belonging to, or taken on lease or requisitioned by, the Central Government, or requisitioned by the competent authority under the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952) and, in relation to the State of Delhi, includes any premises vested in the Delhi Improvement Trust or a local authority in that State, whether such premises are in the possession of, or have been leased out by, the Trust or local authority, as the case may be;]

(c) "premises" ⁵[means any land or any building] or part of a building and includes-

(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building, and

(ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof;

(d) "prescribed" means prescribed by rules made under this Act;

⁶[(e) "unauthorized occupation", in relation to any person authorized to occupy public premises, includes the continuance in occupation by him of the premises after the authority under which he was allowed to occupy the premises, has been duly determined.]

Section 3. Power to evict certain persons from Public premises

3. Power to evict certain persons from Public premises.-(1) If the competent authority is satisfied-

(a) that the person authorized to occupy any ¹[public premises] has, whether before or after the commencement of this Act,-

(i) sub-let, without the permission of the Central Government ²[or of any other authority competent to permit such sub-letting] the whole or any part of such premises, or

(ii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorized to occupy such premises, or

(b) that any person is in unauthorized occupation of any ³[public premises],

the competent authority may, by notice served by post or otherwise, order that that person as well as any other person who may be in occupation of the whole or any part of ⁴[the ⁵[public premises]], shall vacate them within fifteen days of the date of the service of the notice.

(2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict that person from, and take possession of, ⁶[the ⁷[public premises]], and may for that purpose use such force as may be necessary.

Section 4. Power to recover rent or damages in respect of Public premises as arrears of land revenue

¹[4. Power to recover rent or damages in respect of Public premises as arrears of land revenue.-(1) Subject to any rules that may be made in this behalf by the Central Government, by notification in the Official Gazette, any sum due by way of rent in respect of any ²[public premises] which is in arrear may be recovered by the competent authority from the person liable to pay the same in the same manner as an arrear of land revenue.

(2) Where any person is in unauthorized occupation of any ³[public premises], the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the ⁴[public premises] as it thinks fit and may, by notice served by post or in such other manner, as may be prescribed by rules made in this behalf, order that person to pay the damages within such time as may be specified in the notice.

(3) If any person refuses or fails to pay the damage within the time specified in the notice under sub-section (2), the damages may be recovered in the same manner as an arrear of land revenue.]

Section 5. Appeal

5. Appeal.-(1) Any person aggrieved by an order of the competent authority under Section 3 or Section 4 may, within ten days of the date of the service of the notice under Section 3 or Section 4, as the case may be, prefer an appeal to the Central Government:

Provided that the Central Government may entertain the appeal after the expiry of the said period of ten days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the Central Government may, after calling for a report from the competent authority, and after making such further inquiry, if any, as may be necessary, pass such orders as it thinks fit, and the order of the Central Government shall be final.

(3) Where an appeal is preferred under sub-section (1), the Central Government may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit.

Section 6. Bar of jurisdiction of Civil Courts

6. Bar of jurisdiction of Civil Courts.-No order made by the Central Government or the competent authority in the exercise of any power conferred by or under this Act shall be called in question in any Court 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.

Section 7. Protection of action taken in good faith

7. Protection of action taken in good faith.-No suit, prosecution or other legal proceeding shall lie against the Central Government or the competent authority 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.

Section 8. Delegation

8. Delegation.-The Central Government may, by notification in the Official Gazette, direct that any power exerciseable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification, be exerciseable also by an officer specially empowered in this behalf by the Central Government.

Section 9. Penalty

9. Penalty.-Any person who contravenes any provision of this Act or of any rule or order made thereunder or obstructs the lawful exercise of any power conferred by or under this Act shall be punishable with fine which may extend to one thousand rupees.

Section 10. Power to make rules

10. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, make rules¹ for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the form of notice and the manner on which it may be served;

(b) the procedure to be followed in taking possession of ²[public premises];

³[(bb) the circumstances under which rent in respect of ⁴[public premises] may be recovered as an arrear of land revenue;]

(c) the manner in which damages for unauthorized occupation may be assessed ⁵[and the matters which may be taken into account in assessing such damages];

⁶[(cc) the manner of service of any notice under this Act;]

(d) the manner in which appeals may be preferred and the procedure to be followed in appeals;

(e) any other matter which has to be, or may be, prescribed.