PUBLIC PREMISES EVICTION OF UNAUTHORISED OCCUPANTS RULES, 1971

R.1 Short title

       These rules may be called the Public Premises (Eviction of Unauthorised Occupants) Rules, 1971.

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        1. Vide G.S.R. 1883, dated 25th November, 1971, published in the Gazette of India Extra., Pt. II, Sec. 3(i), dated 18th December, 1971.

R.2 Definitions.--

       In these rules unless the context otherwise requires:
       (a) "Act" means the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971);
       (b) "form'' means a form appended to these rules;
       (c) all other words and expressions used hereinafter but not defined herein shall have the same meaning as respectively assigned to them in the Act.

R.3 Form of notices or orders

A notice or order under the Act shall be in one of the appropriate Forms appended to these rules.

R.4 Manner of service of notices and orders

(1) In addition to any mode of service specified in the Act, 1[a notice issued under sub-section (1) of section 4 or sub-section (2) of section 5A or sub-section (1) of section 5B or sub-section (1) or sub-section (1A) of section 6 2[or an order issued under section 3A or sub-section (1) of section 5] or sub-section (1) or sub-section (2) or sub-section (5) of section 5B or sub-section (1) or sub-section (2) of section 5C or sub-section (1) or sub-section (2) of section 7 of the said Act shall be served by delivering, or tendering a copy of the notice or order, as the case may be,] to the person for whom it is intended or to any adult member of his family, or by sending it by registered post acknowledgement due in a letter addressed to that person at his usual or last-known place of residence or business.
(2) Where the copy of 1[the notice or the order, as the case may be,] under s

R.5 Holding of inquiries

(1) Where any person on whom a notice or order under this Act has been served desires to be heard through his representative he should authorise such representative in writing.
(2) The estate officer shall record the summary of the evidence tendered before him. The summary of such evidence and any relevant documents filed before him shall form part of the records of the proceedings.

R.6 Transfer of pending proceedings

       (1) On the application of any person to whom a notice under the Act has been served and after hearing him, if he desires to be heard, or of its or his own motion, the Central Government or any Gazetted officer especially authorised by the Central Government in this behalf by notification in the Official Gazette may at any stage transfer any proceeding before an estate officer for disposal of the same.
       (2) Where any proceeding has been transferred under sub-rule (1), the estate officer who thereafter is in charge of such proceeding may, subject to any special directions in the order of transfer, either re-start it or proceed from the point at which it was transferred.

R.7 Manner of taking possession of public premises

       (1) If any obstruction is offered, or is in the opinion of the estate officer likely to be offered—
        (a) to the taking possession of any public premises; or
        (b) to the sealing of erection or work or of the public premises, under the said Act, the estate officer or any other officer duly authorised by him in this behalf may obtain necessary police assistance:
       Provided that no sealing or taking possession of the unauthorised construction shall be made before sunrise or after sunset.]
       (2) Where any public premises of which possession is to be taken under the Act is found locked, the estate officer or any other officer duly authorised by him in this behalf may either seal the premises or in the presence of two witnesses break open the lock

R.8 Assessment of damages

       In assessing damages for unauthorised use and occupation of any public premises the estate officer shall take into consideration the following matters, namely:—
        (a) the purpose and the period for which the public premises were in unauthorised occupation;
        (b) the nature, size and standard of the accommodation available in such premises;
        (c) the rent that would have been realised if the premises had been let on rent for the period of unauthorised occupation to a private person;
        (d) any damage done to the premises during the period of unauthorised occupation;
        (e) any other matter relevant for the purpose of assessing the damages.
      &nbs

R.9 Procedure in appeals

       .—(1) An appeal preferred under section 9 of the Act shall be in writing, shall set forth concisely the grounds of objection to the order appealed against, and shall be accompanied by a copy of such order.
       (2) On receipt of the appeal and after calling for and perusing the record of the proceedings before the estate officer, the appellate officer shall appoint a time and place for the hearing of the appeal and shall give notice thereof to the estate officer against whose order the appeal is preferred, to the appellant and to the head of the department or authority in administrative control of the premises.