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PUBLIC PREMISES EVICTION OF UNAUTHORISED OCCUPANTS ACT, 1971

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S.1 Short title, extent and commencement

       (1) This Act may be called the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
       (2) It extends to the whole of India.
       (3) It shall be deemed to have come into force on the 16th day of September, 1958 except sections 11, 19 and 20 which shall come into force at once.


S.2 Definitions

       In this Act, unless the context otherwise re­quires,—
       1[***]
       (b)  “estate officer” means an officer appointed as such by the Central Government under section 3;
       (c)  “premises” means any land or any building or part of a building and includes—
       (i)  the garden, grounds and outhouses, if any, appertaining to such building or part of a building, and
       (ii)  any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
       (d)  “prescribed” means prescribed by rules made under this Act;
       2[(e) “public premises” means—
       (1) any premises belongin

S.3 Appointment of estate officers

       The Central Government may, by notification in the Official Gazette,—
       (a) appoint such persons, being gazetted officers of Government 1[or of the Government of any Union Territory] or officers of equivalent rank of the 2[statutory authority], as it thinks fit, to be estate officers for the purposes of this Act: 3[***]
        4[Provided that no officer of the Secretariat of the Rajya Sabha shall be so appointed except after consultation with the Chairman of the Rajya Sabha and no officer of the Secretariat of the Lok Sabha shall be so appointed except after consultation with Speak­er of the Lok Sabha:
        Provided further that an officer of a statutory authority shall only be appointed as an estate officer in respect of the public premises controlled by that authority; and]
   &n

S.3(a) Eviction from temporary occupation

       Notwithstanding anything contained in section 4 or section 5, if the estate officer, after making such inquiry as he deems expedient in the circumstances of the case, is satisfied that any persons who were allowed temporary occupation of any public premises are in unauthorised occupation of the said premises, he may, for reasons to be recorded in writing, make an order for the eviction of such persons forthwith and, thereupon, if such persons refuse or fail to comply with the said order of eviction, he may evict them from the premises and take possession thereof and may, for that purpose, use such force as may be necessary.]
        
       ------------------------------
        1. Ins. by Act 7 of 1994, sec. 4 (w.e.f. 1-6-1994).
       ------------------------------

S.4 Issue of notice to show cause against order of eviction

       (1) If the estate officer is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the estate officer shall issue in the manner hereinafter provided a 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
       1[(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, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than seven days from the date of issue thereof;

S.5(a) Power to remove unauthorised constructions, etc

       (1) No person shall—
       (a) erect or place or raise any building or 2[any movable or immovable structure or fixture],
       (b) display or spread any goods.
       (c) bring or keep any cattle or other animal,
       on, or against, or in front of, any public premises except in accordance with the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy such premises.
       3[(2) Where any building or other immovable structure or fixture has been erected, placed or raised on any public premises in contravention of the provisions of sub-section (1), the estate officer may serve upon the person erecting such building or other structure or fixture, a notice requiring him either

Legal Commentary on Section 5(a) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971

Introduction

The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as "the Act") is a special legislation enacted to provide for the speedy eviction of unauthorised occupants from public premises and for the removal of unauthorised constructions. Section 5-A of the Act specifically empowers the Estate Officer to remove unauthorised constructions, structures, or fixtures erected on public premises. This commentary focuses on the interpretation, scope, and application of Section 5-A as elucidated by various judicial pronouncements.

What Section 5-A Says

Section 5-A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 empowers the Estate Officer to remove unauthorised constructions, etc. Sub-section (1) of Section 5-A provides that no person shall erect or place or raise any building or any movable or immovable structure or fixture on or in front of any public premises except in accordance with the authority conferred by or under any law for the time being in force. Sub-section (2) authorises the Estate Officer to serve a show-cause notice upon the person responsible for such unauthorised construction and after giving reasonable opportunity of being heard, may direct the removal of such unauthorised construction.

Essential Ingredients

The essential ingredients of Section 5-A are:

  1. Existence of public premises - The premises must fall within the definition of "public premises" under the Act
  2. Unauthorised construction - Erection, placement, or raising of any building, structure, or fixture
  3. Absence of lawful authority - The construction must be without proper authority or in contravention of existing law
  4. Jurisdiction of Estate Officer - The Estate Officer must have the authority to act
  5. Compliance with procedure - Issuance of show-cause notice and providing reasonable opportunity of hearing

Scope of Section

The scope of Section 5-A is wide and covers:

Punishment for Section

The Act does not prescribe specific punishment under Section 5-A itself. However, Section 5-A read with other provisions of the Act provides for:

  • Order of removal of unauthorised construction
  • Demolition of unauthorised structures
  • Power to take possession of the premises
  • The Estate Officer may direct the removal of any building, structure, or fixture erected in contravention of sub-section (1) [ANIL MAHAJAN VS UNION OF INDIA - 2013 0 Supreme(All) 2022]

Legal Comments

S.5 Eviction of unauthorised occupants

       (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 4 and 1[any evidence produced by him in support of the same and after personal hearing, if any, given under 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 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 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.
       (2) If any person refuses or fails to comply with the order of eviction 1[on or before the date specified in the said order or within fifteen days of the date of its publicat

S.5(c) Power to seal unauthorised constructions

       (1) It shall be lawful for the estate officer, at any time, before or after making an order of demolition under section 5B, to make an order directing the sealing of such erection or work or of the public premises in which such erection or work has been commenced or is being carried on or has been completed in such manner as may be prescribed, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erection or work.
       (2) Where any erection or work or any premises in which any erection or work is being carried on has, or have been sealed, the estate officer may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed.
       (3) No person shall remove such seal except—
     &nb

S.5(b) Order of demolition of unauthorised construction

       (1) Where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed on any public premises by any person in occupation of such public prem­ises under an authority (whether by way of grant or any other mode of transfer), and such erection of building or execution of work is in contravention of, or not authorised by, such authori­ty, then, the estate officer may, in addition to any other action that may be taken under this Act or in accordance with the terms of the authority aforesaid, make an order, for reasons to be recorded therein, directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced, or is being carried on, or has been complet­ed, within such period, as may be specified in the order 2[***]:
       Provided that no order under this sub-section shall b

S.6 Disposal of property left on public premises by unauthorised occupants

       (1) Where any persons have been evicted from any public premises under section 5, 1[or where any building or other work has been demolished under section 5B], the estate officer may, after giving fourteen days’ notice to the Persons from whom possession of the public premises has been taken and after pub­lishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises.
       1[(1A) Where any goods, materials, cattle or other animal have been removed from any public premises under section 5A, the estate officer may, after giving fourteen days’ notice to the persons owning such goods, materials, cattle or other animal and after publishing the notice in at least one newspaper having circulation in the locality, dispose of, by public auction, such goods. materials, cattle or

S.7 Power to require payment of rent or damages in respect of public premises

       (1) Where any person is in arrears of rent payable in respect of any public premises, the estate officer 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 estate officer 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.
       1[(2A) While making an order under sub-section (1) or sub-section (2), the estate officer may direct that the arrears of rent or, as the case may be, damages shall be payable together with simple interest a

S.8 Power of estate officers

       An estate officer shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 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;
       (c)  any other matter which may be prescribed.


S.9 Appeals

       (1) An appeal shall lie from every order of the estate officer made in respect of any public premises under 1[section 5 or section 5B] 2[or section 5C]] or section 7 to an appellate officer who shall be the district judge of the district in which the public premises are situate or such other judicial officer in that district of not less than ten years’ standing as the district judge may designate in this behalf.
       (2) An appeal under sub-section (1) shall be preferred,—
       (a) in the case of an appeal from an order under section 5. 3[within twelve days] from the date of publication of the order under sub-section (1) of that section; 4[***]
       (b) in the case of an appeal from an order 5[under section 5B or
       section 7, within twelve days] from the date

Legal Comments

Note: Each bullet point references specific judgments or statements from the provided sources to ground the statements in the actuarial jurisprudence surrounding Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

S.10 Finality of orders

       Save as otherwise expressly provided in this Act, every order made by an estate officer or appellate officer 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.


S.11(a) Offences under section 11 to be cognizable

       The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to an offence under section 11 as if it were a cognizable offence—
       (i) for the purposes of investigation of such offence, and
       (ii) for the purposes of matters other than—
       (1) matters referred to in section 42 of that Code, and
       (2) arrest of a person except on the complaint of, or upon infor­mation received from,—
       (a) a Group A officer as may be appointed by the Central Govern­ment, in the case of an offence in relation to the public prem­ises specified in sub-clause (1) of clause (e) of section 2;
       (b) an officer equivalent to the rank of a Group A officer of the Central Government or where it is

S.11 Offences and penalty

       1[(1) If any person unlawfully occupies any public premises, he shall be punishable with simple imprison­ment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both:
       Provided that a person who, having been lawfully in occupation of any public premises by virtue of any authority (whether by way of grant, allotment or by any other mode whatsoever) continues to be in occupation of such premises after such authority has ceased to be valid, shall not be guilty of such offence.]
       2[(2)] If any person who has been evicted from any 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 3[five thousand rupees], or with both.
 &n

S.12 Power to obtain information

       If the estate officer has reason to believe that any persons are in unauthorised 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.


S.13 Liability of heirs and legal representatives

       (1) Where any person against whom any proceeding for the determination of arrears of rent or for the assessment of damages 1[or for the determination of the amount payable by way of interest on such arrears of rent or damages] is to be or has been taken dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken, as the case may be, continued against the heirs or legal representatives of that person.
       1[(1A) 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 animal is to be recovered under sub-section (2) 2[or sub-section (3)] of section 5A, or any expenses of demolition are to be recovered under sub-section (5) of sec­tion 5B, dies before any proceeding is taken for the recovery of such cost or during the pendency thereof, the proceeding may be taken or,

S.14 Recovery of rent, etc., as an arrear of land revenue

       If any person refuses or fails to pay 1[the expenses of demolition payable under sub-section (5) of section 5B or] the arrears of rent payable under sub-section (1) of section 7 or the damages payable under sub-section (2) 2[for the interest determined under sub-section (2A)] of that section or the costs awarded to the Central Government or the 3[statutory authority] under sub-section (5) of section 9 or any 4[portion of such rent, damages, expenses, interest] or costs, within the time, if any, specified therefor in the order relating thereto, 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.any person refuses or fails to pay 1[the expenses of demolition payable under sub-section (5) of section 5B or] the arrears of rent payable under sub-section (1) of section 7 or the damages payable under sub-section (2) 2[for the interest dete

S.15 Bar of jurisdiction

       No court shall have jurisdiction to entertain any suit or proceeding in respect of—
       (a) the eviction of any person who is in unauthorised occupation of any public premises, or
       (b) the removal of any building, structure or fixture or goods, cattle or other animal from any public premises under section 5A, or
       (c) the demolition of any building or other structure made, or ordered to be made, under section 5B, or
       2[(cc) the sealing of any erection or work or of any public premises under section 5C, or]
       (d) the arrears of rent payable under sub-section (1) of section 7 or damages payable under sub-section (2), or interest payable under sub-section (2A), of that section, or
   &

S.16 Protection of action taken in good faith

       No suit, prosecu­tion or other legal proceeding shall lie against the Central Government or the 1[statutory authority] or 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 Act or of any rules or orders made thereunder.
        
       ----------------------------
        1. Subs. by Act 61 of 1980, sec. 2, for “corporate authority” (w.e.f. 20-12-1980).
       ----------------------------


S.17 Delegation of powers

       The Central 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 specified in the notification, be exer­cisable also by a State Government or an officer of the State Government.


S.18 Power to make rules

       (1) The Central Government may, by notification in the Official Gazette make rules for carrying out the purposes of this Act.
       (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.
       (b) the holding of inquiries under this Act;
       (c) the distribution and allocation of work to estate officers and the transfer of any proceeding pending before an estate officer to another estate officer;
       (d) the procedure to be followed in taking possession of public premises;
   &nb

S.19 Repeal

       The Public Premises (Eviction of Unauthorised Occu­pants) Act, 1958 (32 of 1958) is hereby repealed.


S.20 Validation

       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 Public Premises (Eviction of Unauthorised Occupants) Act, 1958 (32 of 1958) (hereafter in this section referred to as the 1958 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 16th day of September, 1958, and accordingly—
       (a) no suit or other legal proceeding shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under the 1958, Act where such refund ha

Legal Comments

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