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THE ARUNACHAL PBADESH PUBLIC PREMISES (EVICTION OF
UNAUTHORISED OCCUPANTS) ACT, 2OO3
(ACT I\lO. 2 OF 2003)
AN
Short title, exlent and @mrnen@rrent.
ACT
to provide for eviction of unauthorised occupants from public premises and matters connected therewith.
Be it enacled by the Legisiative Assembly of Arunachal Pradesh in the fifty fourth year ol the Republic of lndia as lollows :-
1. (i) This Act may be called the Arunachal Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 2003. (ii)
It extends to the whole of the State ol Arunachal Pradesh.
Definitions
(i!i) lt shall come into force on such date as lhe State Government miy, by
notification in the official Gazette, appoint and different dates may be appointed for different areas and for different provisions ol the Act-
2. ln this Act, unless lhe context otherwise requires:-
(i) "Deputy Commissioner" means the Deputy Commissioner in charge of a District ;
(ir) "Estate Officer" means an Oflicer appointed as such by the State Governmenl under section 3 ;
(iii) "Premises" means any land orany building or part of a builcling and includes :-
(a) the houses, gardens, grounds and the building orpart ol a building ; and
(b) any littings affixed to such building or part of a building for more beneficial enjoyment thereof ;
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(iv) 'Public Premises" means any land or sti'ucture belonging to:
(a) The state Government, and
(b) Any other Corporation or Public Sector undertakings cvJned or sponsored and controlled by the State Government ;
(v) "Rent" in relation to any public premises, means the consideration payable periodically for the authorized occupation of the premises, and includes-
(a) any charge for electricity, water or any other servicesin
connection with the occupation ol the prernises ;
(b) any tax (by whatever name called) payable in respect ol the premises, where such charge or tax, payable by the State Government or the corporate authority.
(vi) "State Government" means the State Government of Arunachal Pradesh :
(vii) "Unauthorized Occupation", in relation to any public premrses, means the occupation by any person ol the public premises without authority for such occupation,and includes the continuancein occupation by any person ol the public premises alter the authority (whether by way of grant or any other mode ol transfer) under which he was allowed to occupy the premises has expired or has been determinedfor any reason whatsoever.
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Appointment ol Estate Otficers. lssue of nolice to show cause against order of eviction.
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3. The State Govemment may, by noti{ication in the official gazette :
(i) appoint such persons, being gazetted otlicer of the Government, as it thinks fit, to be Estate Officers lor the purposes ol this Act ; and
(ii) def ine the local limits within which or the categories of public premises in respect of whlch, the Estate Officer shall exercise the power conferred, and perform the duties imposed, on Estale Otficers by or under this Act.
4. (i) lf the Estate Otficer is ol opinion that any person is in unauthorized occupation on any public premises and that he should be evicted, the Estate Otficer shall issue in the manner hereinafler provided a notice in writing calling upon all persons concerned to show cause why an order ol eviction should not be made.
(ii) The notice shall-
(a) specifythe grounds on which the order ol eviction is proposed to be made ; and
(b) require all persons concerned, that is to say, all persons who are or may be in occupation of, or claim interest in, the public premises-
(i) to show cause, il any, against the proposed order on or belore such date as is specified in the notice, being a date not earlier than ten days from the date issued thereof ; and
(ii) to appear before the Estate Otficer on the date specified in the notice along with the evidence which they intend to produce in support of lhe cause shown and also for personal hearing, if such hearing is desired.
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(iii) The Estate Officer shall cause lhe notice lo be served by having it aflixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed lo have been duly given to all persons concerned.
(iv) Where the Estate Otlicer known or has reasons to believe that any person is in occupation ol the public premises, lhen without prejudice to the provisions ol sub-section (iii) he shallcause a copy ol lhe nolice lo be served on very such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.
5. (i) ll, after considering the cause, if any, shown by any person in pursuance of a notice under seclion 4 and any evidence produced by him in support of the same and after personal hearing, if any, given under clause (b) o, sub-section (ii) of section4, the Estate officer is satisfied that the public premises are in unauthorized occupation, the Estate Olficer may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such dale as may be specilied in the order, by all persons who may be in occupation thereo, or any part thereof, and cause a copy of the order to be atfixed on the outel door or some other conspicuous part of the public premises.
(ii) lf any person refuses or fails to comply with the order ol eviction on or before the date specified in lhe said order or within tifteen days ofits publication under sub-section(i) whichever is later, the Eslate Officerorany other ofticerduly authorized by the Estate Officer in his behall may evict that person lrom, and take possession of, the public premises and, may, for that purpose, use such lorce as may be necessary.
Eviction ol
unauthorized
occupanls.
L-
Powerto remove unaulhorized constructions etc.
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6. (i) No person shall
(a) erect or place or raise any building or any movable or immovable slruclure or fixture,
(b) display or spread any goods,
(c) bring or keep any cattle or other animals on, or against or in front ol, any public premises except in accordance with the authority (whether by way of granl or any other mode of transfeo under which he was allowed lo occupy such premises.
(ii) Where any building or other immovable structure or fixture has been erected, placed or raised on any public premlses jn contravention o,the provisions ol sub-section (i), the Estate Officer may serve upon the pe;son erecting such building or other structure or {ixture, a notice requiring him eithe|to remove or to show cause why he shall not remove such building or olher structure or fixture, from the public premises within such period not being less than seven days, as he may specity in the notice, and on the omission or refusal of such person either to show cause, or to remove such building or other structures or.finures f rom the public premises, or where the cause shown is not, in the opinion of the Estate Off icer sufficienl, lhe Estate Otf icer may, by order, remove or cause to be removed the building or other structure or fixture trom the public premises and recover the cost of such removalfrom the person aforesaici as an arrear of land revenue
(iii) Where any movable structure or f ixlure has been erected, placed or rajsed, or any goods have been displayed or spread, or any cattle or other animal has been brought or kept, on any public premises, in contravention ol the provisions of sub- section(i) by any person, the Estate Officer may, by order, remove or caused to be removed without notice such structure, fixture, goods, cattle or other animals as the case may be, from the public premises and recover the cost ol such removal from such person as an arrear of land revenue.
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7. (i) Where lhe erection of any building or execulion ol any work has been commenced, oris being carried on, or has beefl completed, on any public premises by any person in occupation ol such premises under an authority (whethe:'by way ol grant or any other mode of transfer), and such erection ol building or execution of work is in contravention of, or not authorized by such authority, then, the Estate Otlicer may, in addition to any olher aciicn that may be taken under this Act or in accordance with the terms of the authority aforesaid may make an order lor reasons to be recorded therein, direotino that such erection or work shall be demolished by the person at whose instance the erection ol work has been commenced, or is being carried on, or has been completed, within such period, as may be specilied in the order :
Provided that no order under this sub-section shall be made unless the person concerned has been given, by means ol a notice of nol less than seven days servedin the prescribed manner, a reasonable opportunity of showing cause why such order should not be made.
(ia) Where the erection or work has not been completed, the Estate Officer may, by the same order or by a separate order, whether made at the time of the issue ol the notice under the proviso to sub-section(i) or al any other time, direcl the person at whose instance the erection orthe work has been commenced, or is being carried on, to stop the erection or work until the expiry ol the period within which an appeal against the order ot demolition, if made may be preferred under section 12.
(iii) The Estate Officer shall cause every order made under sub-section(i) or as the case may be under sub-section (ii). to be aff;xed on the outer door, or some other conspicuous part ol the public premises.
(iv) Where no appeal has been preterred against the order of demolition made by the Eslate Officer under the sub-section (i) or where an order ol Order ol de-
molition of
unauthorized
construction.
Power ol seal unauthorized constructions.
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demolition made by the Estate Oflicer under that sub-seclion has been confirmed on appeal where with or without varialion, the person against whom the order has been made shall comply with the order within the period specified therein, or, as the case may be, within the period, if any, fixed by the appellate officer on appeal, and, on the failure ol the person to comply with lhe order within such period, the Eslate Olficer or any cther otficer duly authorized by the Estate Officer in thas behalf , may cause the erection or work to which the order relates to be demolished.
(v) Where an erection or work has been demolished, 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 instalments, as may be specified in the order.
8. (i) lt shall be lawful for the Estate Officer at any time, before or after making an order of demolition under section (7), to make an order directing the sealing of such erection or work or of the public premises in wh,ch such erection or work has been completed in such manner as may be prescribed, for the purpose of carrying out the provisions of this Act, or tor preventing any dispute as to the nalure and extent of such erection or work.
(ii) Where any erection or work or any premises in which any erection or work is being carried on has, or have been sealed the Eslate Oflicer, may, forthe purpose ol demolishing such erection orwork in accordance with the provisions ol this Act, order such seal to be removed.
(iii) No person shall remove such seal except:
(a) under an order made by the Estate Otficer under sub-section (ii), or
(b) under an order ol the appellate officer made in an appeal under this Act.
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9. (i) Where any persons have bcen evicted {rom any public premises under section 5 or where any buiiding or other work has been dem6lished under section7, the Estate Ofticer may, after giving fourteen days notice to the persons fromwhom possession of the public premises has Deen taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or disposed o{ by public auction any property remaining on such premises.
(ii) Where any goods, materials, cattle or other animals have been removed lrom any public premises under section 6, the Estate Oflicer may, after giving fourteen days, notice to the persons owing such goods, materials cattle or other animals and after publishing the notice in at least one newspaper having circulationin the locality, dispose, of, by public auction such goods, materials, cattle or olher animals.
(iii) Notwithstanding anything contained in sub- section (i) and (ii) the giving or publication of any notice referred to lherein shall not be necessaryin respect ol any property whichis subject to speedy and natural decay, and the Estate Officer, may 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.
(iv) Where any property is sold under sub-section (i), 1i.e sale proceeds thereo{ shall,.alter deductrng the expenses of the sale and the amount, if any, due to the State Governmenl or lhe corporation/ public sector undertaking on account of arrears ol rent or damages or costs, be paid to such person or persons as may appear to the Estate Officer to be entitled lo the same :
Provided lhat where the Estate Off icer is unable to decide as to the person or persons to whom the balance ol the amount is payable or as to the appointment of the same, he may reler such dispute to the civil court of competenl jurisdiction and the decision of the court lhereon shall be Iinal. Disposal ol pro-
perty lelt on
public premises
by unauthoriz-
ed occupants
Pov/erto require payrnent of rent or damages in respect of pubiic premises
Power of Estate Ofticer
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(v) The expression "costs" relerred to in sub- section (iv) shall include the cost of removal recoverable under section 6 and the cost of demolition recoverable under section7.
10. (i) Where any person, is in arrears ol rent payable in respect ol any public premises, the Estate Officer may, by order, require that person topay the same within such time and in such installments as may be specilied in the order.
(ii) Where any person is, or has at any time been in unauthorized occupalion of any public premises, the Eslate Officer may, having regard to such principles ol assessment of damages as rnay be prescribed, assess the damages on account ot the use and occupation ol such premises and may, by order, require that person to pay the damages within such time and in such installments as may be specilied in the order.
(iii) While making an order under sub-section
(i) or sub-section (ii) the Estate Officer may direct that the arrears of rent or;as the case may be, damages shall be payable together with simple interesl at such rates as may be prescribed not being a rate exceeding the current rate ol interest within the meaning o{ the lnterest Act, 1978.
(iv) No order under sub-section (i) or sub- section (ii) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice, why such an order should not be made and uniil his objectaons, if any, and any evidence he may produce in suppbrt of the same, have been considered by the Estate Otiicer. '11 . An Estate Officer shall, for the purpose ol holding any inquiry underthis Act, have the same powers as are vested in a Civil Court under the Code ot Civil Procedure, 1908 when trying a suit in respect of the lollowing matters namely :-
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(i) summoning and enforcing the attendance of any person and examining him on oath ;
(ii) requiring the discovery and production of documents ;
(iii) any other matter which may be prescribed.
12. (i) An appeai shall lie from every order of the Estate otficer made in respect ol any public premises under seclion 5 or section 7 or section I or section10to an appellate otlicer who shall be the Deputy Commissioner ol the District in which the public premises are situated.
(ii) An appeal under sub-section (j) shall be preferred
(a) in the case of an appeal fromanorder under section 5 within thiny days from lhe date of publication of lhe order under sub-section (i) of that section ;
(b) in the case of an appeallrom an order under section 7 orsectionl0 within thirty days from the date on which the order is communicated to the appellant:
Provided that the appellate otficer may entertain the appeal after the expiry of the said period, if he is satisfied that the appellant was prevented by sufficient cause lrom {illing the appeal in time ; and
(c) in the case ol an appeallrom an order under section I within thirty days lrom the date of such order ;
(iii) where an appeal is prelerred f rom an order ol the Estate Ottice( the appellate oflicer may stay the enlorcement of that order for such period and on such conditions as he deems lit :
Appeals.
Finality of order. Offences and
penalty.
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Provided that where the construction or erection ol any building or other structure or lixlure or execution of any other work was not completed on the day on which an order was made under section 7 for the demolition or removal ol such building or other structure or fixture, the appellate oflicer shall not make any order lor the stay ol entorcement of such order, unless such security, as may be sutficient in the opinion otthe appellate officer, has been given by the appellant for not proceeding with such construction, erection or work pending the disposal of the appeal.
(iv) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.
(v) The costs of any appeal under this section shall be in the discretion ot the appellate otficer.
13. Save as olherwise expressly provided in this Act, every order made by an Estate Officer or appellate olficer 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 orto be taken in pursuance of any power conlerred by or under this Act.
14. (i) lf any person unlawfully occupies any public premises, he shall be punishable with simple imprisonment lor a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both :
Provided thata person who, having been lalvfully in occupation ol any public premises by virtue of any authority (whether by way ol grant, allotment or by any other mode whatsoever) continues to be in occupalion ol such premises afler such aulhority as ceased to be valid, shall not be guilty o, such oftence.
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(ii) lf any person who has been evicted from any public premises undet this Act again occupies the premises without authority lor such Jccupation, he shall be punishable with imprisonment tor a term which may extend to one year or with fine which may extend to live thousand rupees or with both.
(iii) Any Magistrate convicting a person under sub-section (ii) may make an order for evicting lhat 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.
15. The Code of Criminal Procedure, I 973 shall apply to an otfence under section 14 as if it were a congnizable offence
(i) Ior the purposes ol investigation ol such offence, and
(ji) lor the purposes of matters, other than (l) matters relerred to in section 42 of that Code, and
(2) arrest of a person except on the complaint or, or upon inlormation recejved from a Gazetted Otficer as may be appointed by the state government in the case of an otfence in relation to the public premises specified in sub-seclion (iv) ol Section 2 ol the Act.
16. ll the Estate Officer has reason to believe that any persons are in unaulhorized occupation of any public premises, the Estate Officer or any other Officer authorized by him in this behall, may require those persons or any other persons to Iurnish intormation relating to the names and other particulars of the persons in occupation of public premises and every person so required shall be bound to lurnish the inrormation in his possession.
17. (i) Where any person against whom any proceeding lor the determination of arrears of renl or for the assessment of damages or for the determination ol the amount payable by way of interest on such arrears of rent or damages is to be or has been taken dies beforethe proceeding is taken or during the pendency thereof, the proceeding may Otfences under
section 14 to be
cognizable.
Powerto obtain
inlormation.
Liability of heirs
and legal
representatives.
Recovery of rent, etc. as an arrear of land revenue.
Bar ol
jurisdication
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be taken or, as the case may be, continued against the heirs or iegal representatives of that person.
(ii) Where any person from whom any cost of removal of any building or other structure or fixture or, as the case may be, any goods, cattle or other animals is to be recovered under sub-section (ii) or sub-section (iii) of section 6, or any expenses of demolition are to be recovered under sub-section
(v) of section 7, dies before any proceedingjs taken for the recovery ol such cost or during the pendency thereof, the proceeding may be taken or, as the case may be, continued againsl the heirs or legal representatives of that person.
(iil) Any amount due to the state government or the corporalion lrom any person whether by way ol arrears ol rent or damages or costs lor removal referred to in section 6 or expenses ol demolition referred to in section 7 or interest rererred to in sub- section (iii) o, section 10 or any other cost shall, after the death of the person, be payable by his heirs or legal representatives but their Iiability shall be limited to the extent of the assets of the deceased in their hands.
'18. lf any person refuses or fails to pay the expenses of demolition payable under sub-section
(v) c{ sect:Dn 7 or the arrears o, renl payable under sub-section(i) ol section 10 or rhe damages payable under sub-section (ii) or the interest determined under sub-seclion (iii) of that section or the costs awarded to the state government or the corporation under sub-section(v) ol section 12 or axy portion ol such renl, damages, expenses, interesl or costs within the time, if any, specilied thereof , in the orCer relating thereto, the Estate Otlicer may issue a certificate for the amount due to lhe Deputy Commissioner, who shall proceed to recover the same as an arrear of land revenue.
19. No court shall have jurisdiction to entertain any suit or proceeding in respect of-
(i) the eviction of any person who is in unauthorized occupation of any public premises, or
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(ii) the removal ot any building, structure or Iixture or goods, cattle or olher animals lrom any public premises under Section 6, or
(iii) the demolition ol any building or other structure made or ordered to be made under Section 7,ot
(iv) the sealing ol any ereclion or work or of any public premises under Section 8, or
(v) the arrears ol rent payable under sub- section(i) of section.10 or damages payable under sub-section (ii) or interesl payable under sub-section
(iii) ol that section, or
(vi) the recovery of -
(a) costs ol removal ol any building structure or fixture or goods, cattle or other animals under Section 6, or
(b) expenses of demolition under Section Z, or
(c) cosls awarded to the state government or corporation under sub-section (v) ol Section 12 ; or
(d) any porlion ol such rent, damages, costs of removal, expenses of demolition orcosts awarded to the stale government or the corporation.
20. No suit, prosecution or other legal proceeding shall lie against the State Government or the appellate oflicer or the Estate Officer in respect o, anything which is in good raith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.
21 . The State Government may, 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 specilied in the notilication, be exercisable also by an oflicer of the State Government.
Protection of
action taken in
good faith
Delegalion of
powers.
Power to make rules.
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22. (i) The Slate Government may,by notilicalion in the official Gazette, make rules lor carrying out the purposes ol this Act.
(ii) ln particulars, and without prejudice to the generalily ol the loregoing powers such rules may provide for all or any of the following matters namely :-
(a) the lorm ol any notice required or authorized to be given under this Act and in the manner in which it may be served ;
(b) the holding ol inquires under this Act :
(c) the distribution and allocation of work to Estate Otficers and the lransfer ol any proceeding pending before and Estate Oflicer to another Estate Otf icer ;
(d) the procedure to be followed in taking possession ol public premiseS ;
(e) the manner in which damages lor unauthorized occupation may be assessed and the principles which may be taken into account in assessing such damages ;
(l) the rate at which interest shall be payable on arrears of rent specified in any order made under sub-section (i) of section 10, or damages assessed under sub-section
(ii) of that section ;
(g) the manner in which the sealing ot any ereclion or work ol any public premises shall be made under sub-section (i) oI section I ;
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23. Anything done or any action laken under The Publii Premises (Eviction ot Unauthorized Occupants) Act, 1971 (Central Act) shall be deemed lo have been done or taken under this Act.