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The Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973
Act 31 of 1973
Keyword(s): Corporate Authority, Estate, Premises, Public Premises, Rent
1973 : Pb. Act अप pUBLIC PREMISES AND LAND 939 (EVICTION AND RENT RECOVERY) THE PUNJAB PUBLIC PREMISES AND LAND (EVICTION AND RENT RECOVERY) ACT, 1973. (PunJas Act No. 31 or 1978) Arrangement of Sections. SECTIONS. . 1. 7. 10. 11. 12. 13, 14. 15. थम 16. 17. 18. हु. छा. फट १७ Short title, extent and commencement. Definitions. Unauthorised occupation of public premises. Issue of notice to show cause against order of eviction. Eviction of unauthorised persons. Disposal of property left on public premises by un- authorised occupants. Power to recover damages in respect of public premises as arrears of land revenue. Power of Collector. Appeals. Finality of orders. Offences and penalty. Powev‘r to obtain information. Liability of heirs and legal representatives. Recovery of rent, etc. as arrears of land revenue. Bar of jurisd :tion. , Protection of action taken in good faith., Power to make rules. Repeal. Validation,
T 1973 : Pb. Act 31] PUBLIC PREMISES AND LAND 941 (EVICT ION AND RENT RECOVERY) "THE PUNJAB PUBLIC PREMISES AND LAND (EVICTION AND RENT RECOVERY) ACT, 1973 Punsas Act No. 31 or 1973 [Received the assent of the President of India on the 29th June, 1973 and was published for general information in the Punjab Government Gazette (Extraordinary), dated the 6th July, 1973.] AN ACT to provide for the eviction of unauthorised occupants from public premises, and for certain incidental matters. Bk it enacted by the Legislature of the State of Punjab in the Twenty-fourth Year of the Republic of India, as follows .— 1. (1) This Act may be called the Punjab Public Short title, Premises and Land (Eviction and Rent Recovery) Act,mexetnecnetmaenntd'”m' 1973. (2) Tt extends to the whole of the State of Punjab. (3) It shall be deemed to have come into force on the 27th day of November, 1959, except sections 11, 18 and 19, which shail come into force at once. 2. In this Act, unless the context otherwise Definitions. requires,— (a) “Collector” means the Collector of the district and includes any other officer appointed by the State Government for performing the functions of फिट Collector under this Act; iFor Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1973, pages 215-216.
हि | | 942 PUBLIC PREMISES AND LAND [1973 : Pb. Act 31 (EVICTION AND RENT RECOVERY) (b) “corporate authority” means— (i) any local authority referred to in sub- clause (i), or (ii) any company or :Corporation referred to in sub-clause (i) and (iii), - of clause (e) of this section; (0) “estate” has the meaning assigned to it in the Punjab Land Revenue Act, 1887; (d) “premises” means any land, whether used for agricultural or mnon-agricultural pur- poses, or any building or part of a building and includes,— | ‘ । (i) the garden, grounds and out-houses, it any, appertaining to such building or part of a building; and (it) any fittings affixed to such building or part of a building for the more bene- ficial enjoyment thereof; . . (e) “public. premises” means any premises be- longing to, or taken on lease or requi- sitioned by, or on behalf of, the State Government and includes any premises belonging to, or taken on lease by, or on behalf of— | | (1) any Municipal Committee, Notified Area Committee, Zila Parishad, Panchayat Samiti, Panchayat or Improvement Trust; | (i1) any company as defined in section 3 of the Companies Act, 1956 (1 of 1956), in which not less than fifty-one per cent _ -of the paid up share capital is held by the State Government: and
1973 : Pb. Act 31] PUBLIC PREMISES AND LAND 943 (EVICTION AND RENT RECOVERY) (i) any Corporation [not being a company as defined in section 3 of the Companies Act, 1956 (1 of 1956), or a local authority] established by or under 9 Central Act as defined in clause (7) of section 3 of the General Clauses Act, 1897, or a Punjab Act and owned or . controlled by the State Government; (f) “prescribed” means prescribed by rules made under this Act; (9) “rent” in relation to any public premises, means the consideration payable periodi- cally for the authorised occupation of the premises and includes— (i) any charge for electricity, water or any other services in connection with thc occupation of the premises, (i) any tax (by whatever name called) pay- able in respect of the premises; where such charge or tax is payable by the State Government or the corporate authority. 3. For the purposes of this Act, a person shall be Unauthoris xd deemed to be in unauthorised occupation of any public Oof.pcuubplaitfprn ) premises— mises, (a) where he has, whether before or after the ’ commencement of this Act, entered into q possession thereof otherwise than under and in pursuance of any allotment, lease o: grant; or (b) where he, being an allottee, lessee or grantee, has, by reason of the determination or cancellation of his allotment, lease or . - grant in accordance with the terms in that behalf therein contained, ceased, whether before or after the commencement of this
Lfiwe of notice to show cause 944 pPUBLIC PREMISES AND LAND [1973 : Pb. Act 31 (EVICTION AND RENT RECOVERY) Act, to be entitled to occupy or hold such public premises; or (0) where any person authorised to occupy any public premises has, whether before or after the commencement of this Act— (i) sub-let, in contravention of the terms of allotment, lease or grant, without the permission of the State Government or of any other authority competent to permit such sub-letting, the whole or any part of such public premises, or (1) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such public premises. Explanation.—For the purposes of clause (a), a person shall not merely by reason of the fact that he has paid any rent be deemed tc have entered into possession as allottee, lessee or grantee. 4. (1) If the Collector is of opinion that any persons are in unauthorised occupation of any public against order of premises situate within his jurisdiction and that they eviction. should be evicted, the Collector ghall issue in the manner hereinafter provided. g notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. (2) The notice shall— (a) specify the grounds on which the order of 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, to show cause, if any. against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days {rom the date of issue therect.
o - 1973 : Pb. Act 31] puBLIC PREMISES AND LAND 945 (EVICTION AND RENT RECOVERY) (3) The Collector shall cause the notice to ke affixed on the outer-door or some other conspicucus part, of the public premises, or of the estate in which {he public premiscs are situate, and 1in such ot}}er manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persoiis concerned. (4) Where the Collector knows or has reasons Lo believe that any persons are in occupation of the publiv premises, then without prejudice to the pro- visions of sub-section (3), he shall cause a copy of ihe notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed. 5. (1) If, after considering the cause, if any.Eviction of shown by any person in pursuance of a notice under p“enras‘lotnhslorls‘ed section 4 and any evidence he may produce in support ' of the same and after giving him a reasonable oppor- tunity of being heard, the Collector is satisfied that the public premises are in unauthorised occupation, ti: Collector may make an order of eviction, for reasorns to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order, by all persons who may be in / occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door o: some other conspicuous part of the public premises or of the estate in which the public premises are situate. ~(2) If any person refuses or fails to comply with the order of eviction within thirty days of the date of its publication under sub-section (1), the Collector or any other officer duly authorised by him in this behaif may evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary. 6. (I) Where any persons have been evicted from bisposal of pro- any public premises under section 5, the Collector perty left on may, after giving fourteen days notice to the persons poruc premises A o ) by unauthorised from whom possession of the public premises has been occupants.
P RIS T Power to reco- ver damages ir respect of public premises as arrears of land revenue, i | 946 PUBLIC PREMISES ALD LaND [1973 : Pb. Act 31 (EVICTION AND RENT RECOVERY) taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or sell by public auction any property remaining on such premises. (2) Where any property is sold under sub- section (1), the sale-proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the State Government: or the corporate authority on account of arrears of rent or damages or costs be paid to such person or persons as may appeai to the Collector to be entitled to the same : Provided that where the Collector is wunable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and the decision of the court thereon shall be final. 7. (1) Where any person is in arrears of rent payable in respect of any public premises, the Collector may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order. | ! (2) Where any person is, or has at any time been in unauthorised occupation of any public premises, the Collector may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may by order, require that person to pay the damages within such time and in such instalments as may be specified in the order. (3) No order under sub-section (1) or sub-sec- tion (2) 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 order should not be made, and until his objections, if any, and any evi- dence he may produce in support of the same, have been considered by the Collector.
TN T 1973 : Pb. Act 31] PUBLIC PREMISES AND LAND 947 (EVICTION AND RENT RECOVERY) '8. The Collector shall, for the purpose of holding §ower ot Collec- any inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely ;— (a) summoning and enforcing the attendance of ” any person and examining him on oath; (b) requiring the discovery and production of - . % documents; (¢) any other matter which may be prescribed. 9. (1) An appeal shall lie from every order of Appeals. the Collector made in respect of any public premises under section 5 or section 7 to the Commissioner. (2) An appeal under sub-section (1) shall be preferred— (a) in the case of an appeal from an order under section 5, within thirty days from the date of publication of the order under sub- section (1) of that section; and (b) in the case of an appeal from an order under section 7, within thirty days from the date on which the order is communicated to the appellant : Provided that the Commissioner may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) Where an appeal is preferred from an order of the Collector, the Commissioner may stay the en- forcement of that order for such period and on such conditions as he deemg fit. (4) Every appeal under this section shall be dis- posed of by the Commissioner as expeditiously as Pposgible. ‘ ' ः ‘
T - o है... .. 948 PUBLIC PREMISES AI[!D 1anp [1973 : Pb. Act 31 (EVICTION AND RENT RECOVERY) - (5) The costs of any appeal under this section shall ‘be in the discretion of the Commissioner. Finality of 16. Save as otherwise expressly provided in this orders. Act, every order made by the Collector or Commis- sioner 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. Offences and- 11, (1) If any person who has been evicted from penalty. any public premises under this Act again occupies the " premises without authority for such occupation he shall on conviction by an Executive Magistrate be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. (2) Any Executive Magistrate convicting a person under sub-section (1) may make an order for evictirg that person summarily, and he shall be liable to suchk eviction without prejudice to any other action that may be taken against him under this Act. m.P °fowrm°":fi°on°_b“m 12. If the Collector has reason to believe that anhy persons are in unauthorised occupation of any public premises, the Collector or any other officer authorised by him in this behalf may require those persons or any other person to furnish information yelating to the names and other particulars of the persong in occupation of the public premises and every person so required shall be bound to furnish the information in his possession. Liability of 153. (1) Where any p‘erson against whom any rehpe‘rressean“tda:l.evge!',la proceeding for the determination of arrears of rent * or for the assessment of damages is to be or has been taken dies before the proceeding is taken or during the pendency thereof, legal proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person. vl
Tfi% : Pb. Act 31] P—WBMC PREMISES AND LAND 949 (EVICTION AND RENT RECOVERY) (2) Any amount due to the State Government or the corporate authority from any person whether by way of arrears of rent or damages or costs shall after the death of the person, be payable by his heirs or legal representatives, but their liability shall be limited to the extent of the assets of the deceased in their hands. 14. If any person refuses or fails to pay the Recovery ०१ arrears of rent payable under sub-section (1) of sec- rent, etc-f’ व tion 7 or the damages payable under sub-section (2) of 2o © that section or the costs awarded to the State Govern- ment or the corporate authority under sub-section (9) of section 9 or any portion of such rent, damages छा" costs, within the time, if any, specified therefor in the order relating thereto; the Collector shall proceed (o recover the amount due as arrears of land revenue, 15. No court shall have jurisdiction to entertain Bar of jurisdic- any suit or proceeding in respect of the eviction of o™ any person who is in unauthorised occupation of any public premises or the recovery of the arrears of rent payable under sub-section (1) of section 7 or the damages payable under sub-section (2) of that section or the costs awarded to the State Government or the corporate authority under sub-section (5) of section 9 or any portion of such rent, damages or costs. 16. No suit, prosecution or other legal proceeding P rotection of shall lie against the State Government or the Corpo- gaocotldonfaitahk,en m rate authority or the Commissioner or the Collector in respect of anything which ig in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder. . 1% (1) The State Government may, by notifica- Fower to make Atlon, make rules for carrying out the purposes of this की ct. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may
Repeal. e पं PUBLIC PREMISES AND LaND [1973 : Pb. Act 31 (EVICTION AND RENT RECOVERY) provide for all or any of the following matters namely :— (a) the form of any notiLe required or autho- rised to be given under this Act and the manner in which it may be served; (b) the holding of enquiries under this Act; (९) the procedure to be followed in taking pos- session of public premises; o (d) the manner in which damages for un- authorised occupation may be assessed and the principles which may be taken into account in assessing such damages; ' (e) the manner in which appeals may be pre- ferred and the procedure to be folluwed in appeals; ‘ (f) any other matter which has to be or may be prescribed. I (3) Every rule made under this section shall be laid, as soon as may be, after it is made, before the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions and ii, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shali thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any stich modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | 18. The Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959; is hereby repealed. ‘ ’
h*—__-i ’ LN 1973 : Ph. Act 31] pUBLIC PREMISES AND LAND 951 (EVICTION AND RENT RECOVERY) Validation, 19. Notwithstanding any judgment, decree or order of any court, anything done or any action takeu (including rules or orders made, notices issued, evic- tions ordered or effected, damages assessed, rents ov damages or costs receovered and proceedings initiat- ed) or purported to have been done or taken under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959 (hereinafter in this section ‘referred to as the 1959-Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act which, under sub-section (3) of section 1 shall be deemed to have come into force on the 27th day of November; 1959, and accordingly— (a) no suit or other legal proceeding shall be maintained or continued in any court [fox the refund of any rent or damages or cosis recovered under the 1959-Act where such refund has been claimed merely on the ground that the said Act has been declared to be unconstitutional and void; and (9) no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under the 1959-Act mere- 1y on the ground that the said Act has been declared to be unconstitutional and void. 6573L R Govt. Press Chd.