**Executive Summary:**
The Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2015, amends the 1971 Act. It received presidential assent on March 13, 2015, and will come into force on a date appointed by the Central Government via official notification. The Act modifies definitions and procedures related to eviction of unauthorized occupants from public premises.
**Key Points / Main Content:**
* **Amendment of Section 2 (Definitions):**
* Replaces references to "the Companies Act, 1956" with "the Companies Act, 2013" in clauses related to companies.
* Substitutes item iii to define companies with government ownership in public transport, including metro railway, referencing the Metro Railway Operation and Maintenance Act, 2002.
* Substitutes item v relating to Board of Trustees under the Major Port Trusts Act, 1963.
* Expands the definition of "public premises" to include premises of Government companies under the Companies Act, 2013 in the National Capital Territory of Delhi.
* Includes reference to item iv of subclause 3 in clause fa.
* Substitutes word "Corporation" with "Council, Corporation or Corporations" in subclause v.
* **Amendment of Section 4 (Notice of Eviction):**
* Substitutes subsection 1 regarding the issuance of eviction notices by the estate officer, mandating a notice within seven working days of receiving information about unauthorized occupation.
* Introduces provisions (1A and 1B) to ensure prompt notice issuance, clarifying that delays do not invalidate proceedings.
* Replaces "earlier than" with "later than" in subsection 2, clause b, subclause i.
* **Amendment of Section 5 (Eviction Orders):**
* Substitutes subsection 1, detailing the process for issuing eviction orders, requiring reasons to be recorded and specifying a vacation date no later than fifteen days from the order date.
* Adds a proviso allowing the estate officer to grant an additional fifteen days for vacating premises if compelling reasons exist, which must be recorded in writing.
* **Amendment of Section 7 (Assessment of Damages):**
* Changes "simple interest" to "compound interest" in subsection 2A.
* Changes the time for payment of dues from "within such time as may be specified in the notice" to "within seven days from the date of issue thereof" in subsection 3.
* Adds subsection 4, mandating the estate officer to issue orders expeditiously, ideally within fifteen days of the notice date.
* **Amendment of Section 9 (Appeals):**
* Substitutes the proviso in subsection 2, allowing the appellate officer to entertain appeals after the specified period in exceptional cases with recorded reasons.
* Substitutes subsection 4, directing the appellate officer to dispose of appeals expeditiously, ideally within one month, after providing parties a hearing opportunity.
**Impact Analysis**
* **Estate Officers:**
* *Impact:* Must adhere to revised procedures for issuing eviction notices and orders, including stricter timelines and documentation requirements.
* *Action Required:* Update procedures to comply with the new timelines for issuing notices and orders, and ensure proper documentation of reasons for decisions.
* **Unauthorized Occupants of Public Premises:**
* *Impact:* Face potentially faster eviction processes due to the revised timelines for notice and order issuance.
* *Action Required:* Be prepared to respond to eviction notices promptly and gather evidence to support their case.
* **Appellate Officers:**
* *Impact:* Must dispose of appeals more quickly and document reasons for delays in entertaining appeals.
* *Action Required:* Streamline appeal processes to meet the one-month disposal target and document reasons for any delays.
* **Government and Public Sector Entities:**
* *Impact:* Their ability to reclaim public premises from unauthorized occupants may be enhanced due to the expedited eviction processes.
* *Action Required:* Ensure awareness of the amended Act among relevant staff and update internal procedures accordingly.
Key Entities Referenced
The Public Premises Eviction of Unauthorised Occupants Amendment Act, 2015: The title of the Act being analyzed, which amends the 1971 Act.
Public Premises Eviction of Unauthorised Occupants Act, 1971: The original Act that is being amended by the Public Premises Eviction of Unauthorised Occupants Amendment Act, 2015.
Parliament of India: The legislative body that enacted the Public Premises Eviction of Unauthorised Occupants Amendment Act, 2015.
Central Government: The government entity empowered to appoint the date on which the Act comes into force.
Companies Act, 2013: Replaces references to the Companies Act, 1956 in the original act.
Metro Railway Operation and Maintenance Act, 2002: Act related to the definition of metro railway.
New Delhi Municipal Council Act, 1994: Act related to definition of Council.
Delhi Municipal Corporation Act, 1957: Act related to definition of Corporation
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 14th March, 2015/Phalguna 23, 1936 (Saka)
The following Act of Parliament received the assent of the President on
the 13th March, 2015, and is hereby published for general information:—
THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED
OCCUPANTS) AMENDMENTS ACT, 2015
NO. 2 OF 2015
[13th March, 2015.]
An Act further to amend the Public Premises (Eviction of Unauthorised
Occupants) Act, 1971
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Public Premises (Eviction of Unauthorised Short title and
Occupants) Amendment Act, 2015. 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
section 2.
referred to as the principal Act), in section 2, in clause (e), in sub-clause (2),—
1 of 1956. (A) in item (i), for the words and figures "the Companies Act, 1956", the words
18 of 2013. and figures "the Companies Act, 2013" shall be substituted;
1 of 1956. (B) in item (ii), for the words and figures "the Companies Act, 1956", the
18 of 2013. words and figures "the Companies Act, 2013" shall be substituted;2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(C) for item (iii), the following items shall be substituted, namely:—
‘(iii) any company as defined in clause (20) of section 2 of the
Companies Act, 2013 in which not less than fifty-one per cent. of the 18 of 2013.
paid up capital is held partly by the Central Government and partly by
one or more State Governments and includes a company which is a
subsidiary (within the meaning of that Act) of the first-mentioned company
and which carries on the business of public transport including metro
railway.
Explanation.— For the purposes of this item, "metro railway" shall
have the same meaning as assigned to it in clause (i) of sub-section (1)
of section 2 of the Metro Railway (Operation and Maintenance)
Act, 2002; 60 of 2002.
(iiia) any University established or incorporated by any Central Act,’;
(D) for item (v), the following item shall be substituted, namely:—
"(v) any Board of Trustees or any successor company constituted
under or referred to in the Major Port Trusts Act, 1963;"; 38 of 1963.
(E) in sub-clause (3),—
(a) in item (i), for the words "Municipal Corporation", the words,
brackets and figures "Council as defined in clause (9) of section 2 of the
New Delhi Municipal Council Act, 1994 or Corporation or Corporations 44 of 1994.
notified under sub-section (1) of section 3 of the Delhi Municipal
Corporation Act, 1957," shall be substituted; 66 of 1957.
(b) after item (iii), the following item shall be inserted, namely:—
‘(iv) any premises belonging to, or taken on lease by, or on
behalf of any Government company as defined in clause (45) of
section 2 of the Companies Act, 2013. 18 of 2013.
Explanation.— For the purposes of this clause, the expression,
“State Government” occurring in clause (45) of the said section shall
mean the Government of the National Capital Territory of Delhi.’;
(F) in clause (fa),—
(a) in sub-clause (ii), after the words, brackets and figures “in
item(i) of sub-clause (2)”, the words, brackets and figures “and in
item (iv) of sub-clause (3)” shall be inserted;
(b) in sub-clause (v), for the word “Corporation”, the words “Council,
Corporation or Corporations” shall be substituted.
Amendment of 3. In section 4 of the principal Act,—
section 4.
(a) for sub-section (1), the following sub-sections shall be substituted, namely:—
"(1) If the estate officer has information that any person is in unauthorised
occupation of any public premises and that he should be evicted, the estate
officer shall issue in the manner hereinafter provided a notice in writing within
seven working days from the date of receipt of the information regarding the
unauthorised occupation calling upon the person concerned to show cause
why an order of eviction should not be made.
(1A) If the estate officer knows or has reasons to believe that any person
is in unauthorised occupation of the public premises, then, without prejudice
to the provisions of sub-section (1), he shall forthwith issue a notice in writing
calling upon the person concerned to show cause why an order of eviction
should not be made.
(1B) Any delay in issuing a notice referred to in sub-sections (1) and
(1A) shall not vitiate the proceedings under this Act.";
(b) in sub-section (2), in clause (b), in sub-clause (i), for the words "earlier
than", the words "later than" shall be substituted.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
4. In section 5 of the principal Act,— Amendment of
section 5.
(a) for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) If, after considering the cause, if any, shown by any person in
pursuance of a notice under section 4 and any evidence produced by him in
support of the same and after personal hearing, if any, given under sub-clause(ii)
of clause (b) of sub-section (2) of section 4, the estate officer is satisfied that
the public premises are in unauthorised occupation, the estate officer shall
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 but not later than fifteen days from the date of 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 or some other conspicuous part of the
public premises:
Provided that every order under this sub-section shall be made by the
estate officer as expeditiously as possible and all endeavour shall be made by
him to issue the order within fifteen days of the date specified in the notice
under sub-section (1) or sub-section (1A), as the case may be, of section 4.";
(b) after sub-section (2), the following proviso shall be inserted, namely:—
"Provided that if the estate officer is satisfied, for reasons to be recorded
in writing, that there exists any compelling reason which prevents the person
from vacating the premises within fifteen days, the estate officer may grant
another fifteen days from the date of expiry of the order under sub-section (1)
to the person to vacate the premises.".
5. In section 7 of the principal Act,— Amendment of
section 7.
(a) in sub-section (2A), for the words "simple interest", the words "compound
interest" shall be substituted;
(b) in sub-section (3), for the words "within such time as may be specified in the
notice", the words "within seven days from the date of issue thereof" shall be substituted;
(c) after sub-section (3), the following sub-section shall be inserted, namely:—
"(4) Every order under this section shall be made by the estate officer as
expeditiously as possible and all endeavour shall be made by him to issue the
order within fifteen days of the date specified in the notice.".
6. In section 9 of the principal Act,— Amendment of
section 9.
(a) in sub-section (2), for the proviso, the following proviso shall be substituted,
namely:—
"Provided that the appellate officer may entertain the appeal in exceptional
cases after the expiry of the said period, if he is satisfied for reasons to be
recorded in writing that there was compelling reasons which prevented the
person from filing the appeal in time.";
(b) for sub-section (4), the following sub-section shall be substituted,
namely:—
"(4) Every appeal under this section shall be disposed of by the appellate
officer as expeditiously as possible and every endeavour shall be made to
dispose of the appeal finally within one month from the date of filing the appeal,
after providing the parties an opportunity of being heard.".
————
DR. SANJAY SINGH,
Secretary to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2015.
GMGIPMRND—5385GI(S3)—16-03-2015.