Executive Summary:
The document is The Public Premises Eviction of Unauthorised Occupants Amendment Act, 2019. It amends the Public Premises Eviction of Unauthorised Occupants Act, 1971. The Act received presidential assent on August 9, 2019, and introduces provisions for eviction from residential accommodations and associated damages.
Key Points / Main Content:
Amendment Act Details
* Short title: The Public Premises Eviction of Unauthorised Occupants Amendment Act, 2019.
* Commencement: The Act will come into force on a date to be appointed by the Central Government via notification in the Official Gazette.
Amendments to the Public Premises Eviction of Unauthorised Occupants Act, 1971
* Section 2 Amendment: Clause fa is inserted to define "residential accommodation occupation." It means occupation based on a license granted via allotment for a fixed tenure or while holding office, according to Central Government, State Government, Union territory Administration, or statutory authority rules.
* Insertion of Section 3B:
* If a residential estate officer has information that a person granted residential accommodation is in unauthorised occupation, they must issue a written notice to show cause within three working days why an eviction order should not be made.
* The notice must be affixed to the outer door or a conspicuous part of the accommodation.
* The estate officer, after considering the cause and making an inquiry, can make an eviction order, with reasons recorded in writing.
* If the person refuses to comply, the estate officer can evict them and take possession, using necessary force.
* Section 7 Amendment:
* If a person in unauthorised occupation of residential accommodation challenges an eviction order in court, they must pay damages for every month they hold the accommodation.
Impact Analysis:
Central Government, State Government, Union Territory Administration, Statutory Authority
* Impact: These entities are responsible for issuing rules and instructions regarding residential accommodation occupation and allotment.
* Action Required: Ensure compliance with the amended Act when managing and allotting public residential premises.
Residential Estate Officers:
* Impact: They are granted additional powers for eviction from residential accommodations.
* Action Required: Implement the new eviction procedures under Section 3B, including issuing notices and executing eviction orders.
Unauthorised Occupants of Public Premises:
* Impact: Faces a streamlined eviction process from residential accommodations and potential liability for damages if challenging eviction orders in court.
* Action Required: Comply with eviction notices and orders. If challenging an eviction order, be prepared to pay damages for continued occupation.
Courts:
* Impact: May see cases challenging eviction orders.
* Action Required: Enforce the provision requiring payment of damages during legal challenges to eviction orders.
Key Entities Referenced
The Public Premises Eviction of Unauthorised Occupants Amendment Act, 2019: An Act further to amend the Public Premises Eviction of Unauthorised Occupants Act, 1971.
Parliament: The legislative body that enacted the Public Premises Eviction of Unauthorised Occupants Amendment Act, 2019.
Public Premises Eviction of Unauthorised Occupants Act, 1971: The principal Act which is being amended by the Public Premises Eviction of Unauthorised Occupants Amendment Act, 2019.
Central Government: The government body that may appoint the date on which the Act comes into force.
Union territory Administration: One of the authorities under which residential accommodation occupation rules are issued.
Estate Officer: The officer responsible for issuing eviction notices and evicting unauthorised occupants from residential accommodation.
Dr. G. Narayana Raju: Secretary to the Government of India.
Minto Road, New Delhi 110002: Address of the Government of India Press.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9th August, 2019/Shravana 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2019, and is hereby published for general information:—
THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED
OCCUPANTS) AMENDMENT ACT, 2019
NO. 36 OF 2019
[9th August, 2019.]
An Act further to amend the Public Premises (Eviction of Unauthorised
Occupants) Act, 1971.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Public Premises (Eviction of Unauthorised Occupants) Short title and
Amendment Act, 2019. commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
40 of 1971. 2. In the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter Amendment of
referred to as the principal Act), in section 2, clause (fa) and clause (fb) shall be renumbered section 2.
as clause (fb) and (fc) respectively, and before clause (fb) as so renumbered, the following
clause shall be inserted, namely:—
'(fa) "residential accommodation occupation" in relation to any public premises
means occupation by any person on grant of licence to him to occupy such premises
on the basis of an order of allotment for a fixed tenure or for a period he holds office, in
accordance with the rules and instructions issued in this regard, made under the
authority of the Central Government, a State Government, a Union territory
Administration or a statutory authority, as the case may be;'.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
Insertion of 3. In the principal Act, after section 3A, the following section shall be inserted, namely:—
new section
3B.
Eviction from "3B. (1) Notwithstanding anything contained in section 4 or section 5, if the
residential estate officer has information that any person, who was granted residential
accommodation.
accommodation occupation, is in unauthorised occupation of the said residential
accommodation, he shall—
(a) forthwith issue notice in writing calling upon such person to show
cause within a period of three working days why an order of eviction should not
be made;
(b) cause the notice to be served by having it affixed on the outer door or
some other conspicuous part of the said residential accommodation, and in
such other manner as may be prescribed, whereupon the notice shall be deemed
to have been served upon such person.
(2) The estate officer shall, after considering the cause, if any, shown by the
person on whom the notice is served under sub-section (1) and after making such
inquiry as it deems expedient in the circumstances of the case, for reasons to be
recorded in writing, make an order of eviction of such person.
(3) If the person in unauthorised occupation refuses or fails to comply with the
order of eviction referred to in sub-section (2), the estate officer may evict such
person from the residential accommodation and take possession thereof and may, for
that purpose, use such force as may be necessary.".
Amendment 4. In section 7 of the principal Act, after sub-section (3), the following sub-section
of section 7. shall be inserted, namely:—
"(3A) If the person in unauthorised occupation of residential accommodation
challenges the eviction order passed by the estate officer under sub-section (2) of
section 3B in any court, he shall pay damages for every month for the residential
accommodation held by him.".
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—2608GI(S3)—09-08-2019.