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Keyword(s):
Corporate Authority, Estate Officer, Premises, Public Premises, Rent, Unauthorized Occupation
Amendment appended: 33 of 2010
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1976 : T.N. Act I] Public Premises (Eviction of 521 Unauthorised Occupants)
TAMIL NADU ACT NO. 1 OF 1976.*
i
THE TAMIL NADU PUBLIC PREMISES (EVICTION
OF UNAUTHORISED OCCUPANTS) ACT, 1975.
[Received the assent of the President on the 3rd January
1976, Jirst published in the Tamil Nadu Government Gazette Extraordinary on the 10th January 1976
(Margazhi 26, lratchasa (2006-Thkuvalluvar Aandu)).] '
An Act to provide for the eviction of unauthorised occupant8 from public premises and for certain incidentai matters.
BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-sixth Year of the Republic of India as follows:- i
1, (1) This Act may be called the ~ a m i l Nadu Public Short title, Premises (Eviction of Unauthorised Occupants) Act, 1975. extent and
commence-
(2) It extends to the whole of the State of Tamil ment. Nadu.
I (3) It shall come into force on such date as the Government may, by notification, appoint ; and different dates may be appointed for different areas.
2. In this Act, unless the context otherwise requires,- Definitions.
(a) " corporate authority " means-
(i) any company or corporation referred to in sub-clause (I), or I
(ii) any local authority or any ~ o a r d referred to in sub-clause (2),
of clause (e) ;
(b) " estate officer " means an officer appointed
as such by the Government under section 3 ;
(e) " Government " means the state Government ; * For Statement of Objects and Reasons, see Tamil Nadu
ffovernmenr Gazette Extraordinary, dated the 24th October 1975, part IV-Section 1 , page 240.
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522 Public Premises (Eviction of [I976 : T.N. Act 1
Unuuthorised Occupants)
( d ) " premises " means any land or any building or hut or part of a building or hut and includes,-
(i) gardens, grounds and outhouses, if any, appertaining to such building or hut or part of a build~ng or hut ; and
(ii) any fittings afixed to suc building or hut or part of a building or hut for the more beneficial enjoyment thereof;
(e) " public premises " means any premises belonging to or taken on lease or requisitioned by, or on behalf of, the Government, and includes-
(I) any premises belonging to, br taken on lease by, or on behalf of-
(i) any company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956) in which not less than fifty-one per cent of the paid up share capital is held by the Government ; and
(ii) any corporation [not being a company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956) or a local authority] established by or under any law and owned or controlled by the Government ; and
(2) any premises belonging to, or vested in, a local authority or any Board constituted under any law ;
( j ) " rent " in relation to any public premises means the consideration payable periodically for the authorised occupation of the premises, and includes-
(i) any charge for electricity, water or any other services in connection with the occupation of the premises ;
(ii) any tax (by whatever name called) payable in respect of the premises,
where such charge or tax is payable by the Government or the corporate authority ;
( g ) "unauthorised occupation ", in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever,
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1W6 : T.N. Act 11 Public Premises (Eviction of 523 Unauthorised Occupants)
3. The Government may, by notification,- Appointment of estate --
officers.
(a) appoint such persons, being gazetted officers of Government or officers of equivalent rank of the corporate authority, as the Government think fit, to be estate officers for the purposes of this Act; and
(b) define the local limits within which, or the categories of public premises in respect of which, the estate officers shall exercise the powers conferred and perform the duties imposed, on estate officers by or under this Act.
4. (1) If the estate officer is of opinion that any persons I~~~~ of notice
are in unauthorised occupation of any public premises to show cause
and that they should be evicted, the estate officer against order shall issue, in the manner hereinafter provided, a notice eviction.
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 from the date of issue thereof.
(3) The estate officer shall cause the notice to be served by having it affixed 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 to have been duly given to all persons concerned.
(4) Where the estate officer knows or has reason to believe that any persons are in occupation of the public premises, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served oneevery such person by post or by delivering or tendering it to that person or in wch other manner as may be prescribed.
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524 I Public Premises (Eviction of [I976 : T.N.Act 1
Unauthorised Occupants)
Eviction of 5. (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section occupants. 4 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being
heard, the estate officer is satisfied that the public
premises are in unauthxised occupation, the estate
officer may make an order of eviction, for reasons 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
there of or any part ther; of, and cause a copy of the
order to be affixed on the outer door or soms other
conspicuous part of the public premises.
(2) If any person refuses or fails to comply with the order of eviction under sub-section (1), the estate officer or any other officer duly authorised by the estate officer in this behalf may evict that person from, and take possession of, the public premises and may, for that purpose, use s: ch force as may be necessary. Disposalof 6. (1) Where any persons have been evicted from any :gEgdn public premises under section 5, the estate officer may,
by unauthorisedafter giving fourteen days' notice to the persons from occupants. whom possession of the public premises has been taken and, after publishing the notice in atleast one news- paper having circulation in the locality, remove or cause to be removed or dispose of by public auction, any property remaining on such premises.
(2) Where any property is sold under sub-section (I), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the Government or the corporate authority on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the estate officer to be entitled to the same :
Provided that where the estate officer is unable 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,
Power to re- 7. (1) Where any person is in arrzars of rent payable
quire payment in respect of any public premises, the estate officer may,
Of rent Or by order, require that person to pay the same within such time and is such instalrnents as may be specified in the
public premises, order,
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i976-: T. N. Actzl]' Public Premises (Eviction of 323
Unauthorised Occupants)
(2) Where any person is, or has at any time been in unauthorised occupation of any public premises, the estate officer may, having regard to such principles of assessment of damage: 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 specifiedin the order.
(3) No order under sub-section (1) or sub-section
(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 evidence he may produce in support of the same, have been considered by the estate officer.
8. An estate officer shall, for the purpose of holding any Powers of
inquiry under this Act, have the same powers as are wate officers.
vested in a civil court under the Code of Civil Procedure 1908 (Central Act V of 1908), when trying a suit in respect of thp 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;
(c) any other matter which may be prescribed.
9. (1) An appeal shall lie from every order of the Appeals.
estate officer made in respect of any public premises under section 5 or section 7 to an appellate officer who shall be the district judge of the district in which the public premises are situated or such other j~-dicial officer in that district of not less than such numbers of years standing as may be prescribed and as the district judge may designate in this behalf.
(2) An appeal under sub-section (1) shall be preferred within such period as may be priscribed:
Provided that the appellate officer may entertain the appeal after the expiry of the prescribed period, if hi. is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
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$26 2 -~ublic Promises (hvictionlof [1976 : t k . Act 1 Unauthorised Occupants)
(3) Where an appeal is preferred from an order of the estate officer, the appellate officer may stay the enforce- ment of that order for such period and on such condi- tions as he deems fit.
(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.
(5) The costs of any appeal under this section shall be in the discretion of the appellate officer.
(6) For the purposes of this section, 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 district. Finality of 10. Save as otherwise expressly provided in this Act, orders. every orderA9made by an estate officer or appellate offices 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 any penalty. public premises under this Act again occupies the premises without authority for such occupation, he shall 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 Judicial Magistrate convicting a person under sub-section (1) 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.
Power to 12. If the estate officer has reason to believe that any information. persons are in uneuthorised occupation of any public premises, the estate officer or any other officer authorised by him in this behalf may require those persons or any other person to furnish information relating to the names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information in his possession. Liability of 13. (1) Where any person against whom any proceeding heirsandlegal for the determination of arrears of rent or for the representatives. assessment of damages is to be or has been taken, dies before the procceding is taken or during the pendency
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f 9% 4 ?.h. Act I] Public >remises (Eviction of 327 Unauthorised Occupants)
thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person.
(2) Any amount due to the Government or the corporate authority frcm any person whtther by way of arrears of rent or damages or costs shal1,afterthe death of the person, be payable by his heirs or legal representa- tives but their liability shall be limited to the extent of the assets of the deceased in their hands.
14. ~f any person refuse or fails to pay the arrears Recovery of
of rent payable under sub-section (1) of section 7 or the rent, etc., as an
damages payable under sub-section (2) of that section :$:i:f
or the costs awarded to the Government or the corporate authority under sub-section (5) of section 9 or any portion of such rent, damages, or costs, within the time, if any, specified theref or in the order relating theretc, 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.
15. No court shall have jurisdiction to entertain any Bar of jurisdi-
suit or proceeding in respect of the eviction of any perscn Ct'Cn.
who isi n unauthorised occupatiol~ of any public premises or the recovery of the arrears of rent payable urider sub- section (1) of section 7 or the damages payable under sub-section (2) of that section or the costs awarded to the Government or the corporate authority under sub-section (5)of section 9orany portion of such rent,damages or costs.
16. (1) No suit, prosecution or other legal proceeding Protection of
shalllie against any person for anything which is, in good acti@n tskcn in faith, done or intended to be done in pursuance of this good
Act or any rules or orders made thereunder.
(2) No suit or other legal proceeding shall lie agzinst the Government, the corporate authority, the appellate officer or the estate officer in respect of anything which is, in good faith, done or intended to be done in pursuance of this Actor ofanyrules or orders made thereunder.
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17. (1) Where an offence against any of the provisions offences by
of this Act or any rule made thereunder has been corn- companies.
mitted by a company, every person, who, at the time the offence was committed, was in-charge of, and was responsible to the company for the conduct of the business
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The ~u i ld iws (Lease and Rent Co~trol) Act not to apply.
I
$28 Public Premises (Eviction-of 11976 : T. h. AC~ i
Unauthorised Occupants) of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished aocordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was co~mi t t ed without his knowledge or that he exercised alldue diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub- section (I), where an oKence punishable urider this Act has been committed by a company, and it is proved that the offence has been committed with the consent o r connivance of, or is attributable to any neglect on the
part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purposes of this section ,--
(a) " company " means any body corporate and includes a firm, society or other association of individ~.als; and
(b) " director " in relation to-
(i) a firm means a partner in the firm,
(ii) a society or other association of individuals, means the person who is entrusted urder the rules of the society or other association with the management of the affairs of the society or cthcr asscciation, as the case may be. I
18. The Tamil Nadu Buildings ' (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960)-
(a) shall not apply to any building belonginl, ' to or vesting in the corporate authority ;
(c) shallnot apply as against the corporate autho- rity to any tenancies or like relationship created by the corporate authority in respect of any such building ;
(c) but shall apply to any building let to the corporate authority.
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1976 : T.N. Act i] Public Premises (Eviction of 529 Unauthorised Occupants)
19. The Government may, by notification, exempt Bemptions.
any public premises or class of public premises or person or class of persons from all or any of the provisions of this Act or of any rules made thereunder, subject to_such conditions and restrictions as the Government may impose.
30. (1) The Government may make rules to carry Pawer tomake
out the purposes of this Act. rules.\;
(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 any notice required or authorised to be given under this Act and the manner in which it may be served;
1 (b) the holding of inquiries under this Act ;
(c) the distribution and allocation of work to estate officers and transfer of any proceeding pending before an estate officer to another estate officer;
(d) the procedure to be followed in taking posses- sion of public premises;
(e) the manner in which damages for unauthori- sed occupation may be assessed and the principles which may be taken into account in assessing such damages;
(f) the manner in which appeals may be preferred and the procedure to be followed in appeals; and
(g) any other matter which has to be or may be
prescribed.
(3) (u) All rules made under this Act shall be
published in the Tamil Nadu Government Gazette andi unless they are expressed to come into force on a parti- cular day, shall come into force on the day on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come into force on a parti- cular day, come into force on the day on which they published. -
125-10 -34
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530 ~ubl ic Premises (Eviction oj" [I916 : T.N. Act i
Unauthorised Occupants)
(4) Every rule made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session, in which it is so placed or the next session, both Houses agree in making any modification in any such rule or notification or both H~uses agree that the rule or notifi- cation should not be made or issued, the rule or notifi- cation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
Repeal, 21. The Tamil Nadu Public remises (Eviction of 27 of 1960), is hereby repealed.
!P
Unauthorised Occupants) Act, 1960 (Tamil Nadu Act
validation. 22. Notwithstanding any judgment, decree or order of any court, anything done or any action taken (including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the Tamil Nadu Public Premises (Eviction of Unauthoiised Occupants) Act, 1960 (Tamil Nadu Act 27 of 1960) (hereafter in this section referred to as the 1960 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 and accordingly,--
(a) no suit or other legal proceeding shall be maia- tained or continued in any court for the refund of any rent or damages or costs recovered under the 1960 Act where such refund has been claimed merely on the ground that the said Act has been declared to be unconstitutional and void; and
(b) no court shall enforce a decree or order direct-
ing the refund of any rent or damages or costs recovered under the 1960 Act merely on the ground that the said Act has been declared to be unconstitutional and void,
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211TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Tamil Nadu
Act 1 of 1976.
Short title and
c o m m e n c e -
ment.
Amendment of
section 2.
An Act to amend the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-first Year of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2010.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. In section 2 of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975, in clause (e),—
(1) in sub-clause (1), in item (ii), the word "and" occurring at the end shall be omitted;
(2) in sub-clause (2), the word "and" shall be added at the end;
(3) after sub-clause (2), the following sub-clause shall be added, namely:—
"(3) any premises belonging to a wakf, registered with the Tamil Nadu Wakf Board;"
The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 26th November 2010 and is hereby published for general information:—
ACT No. 33 OF 2010.
(By order of the Governor)
S. DHEENADHAYALAN,
Secretary to Government, Law Department.
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