Received the assent of the President on the 5th October, 1968, and said assent is hereby first published on the 12th October, 1968 in the Andhra Pradesh Gazette, for general information: An Act to provide for the eviction of unauthorised occupants from public premises and for matters connected therewith. Be it enacted by the Legislature of the State of Andhra Pradesh in the Nineteenth Year of the Republic of India as follows:

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S.3 Appointment of Estate officer

Appointment of Estate officer:- The Government may, by notification

(a) appoint such persons, being Gazetted Officers of Government, * [or officers of equivalent rank of corporate authority] as they think fit, to be estate officers for the purpose of this Act; and

(b) define the local limits within which, or the categories of public premises in respect of which, each estate officer shall exercise the powers conferred, and perform the duties imposed, on estate officer by or under this Act.

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

Issue of notice to show cause against order of eviction:- (1) If the estate officer is of opinion 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 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 agai

S.5 Eviction of unauthorised occupants

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 any evidence he may produce in support of the same and after giving him an opportunity of being heard, the estate officer is satisfied that the public premises are in unauthorised occupation, the estate officer may, for reasons to be recorded, on a date to be fixed for the purpose, make an order of eviction, directing that the public premises shall be vacated by all persons who may be in occupation 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

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

Disposal of property left on public premises by unauthorised occupants:- (1) Where any person has been evicted from any public premises under Section 5, the estate officer may, after giving fourteen day's notice to the person from whom possession of the public premises has been taken and after publishing the notice in atleast 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.

(2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses of the sale and the amount, if any, due to the Government * [or corporate authority] on accoun

S.7 Power to recover rent or damages in respect of public premises as arrears of land revenue

Power to recover rent or damages in respect of public premises as arrears of land revenue:- (1) Where any person is in arrears or 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 (whether before or after the commencement of this Act) 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 tim

S.8 Power of estate office

Power of estate office:- 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 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; and

(c) any other matter which may be prescribed.

S.9 Appeals

Appeals:- (1) An appeal shall lie from every order of the 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 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, within fifteen days from the date of publication of the order under sub-section (1) of that section; and

(b) in the case of an appeal from an orde

S.10 Finality of orders

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 Bar of Jurisdiction

* [Bar of Jurisdiction:- No court shall have jurisdiction to entertain any suit or proceeding in respect of, the eviction of any person who is in unauthorised occupation of any public premises or, the recovery of the arrears of rent payable under sub-section (1) of Section 7 of the damages payable under sub section (2) of the section 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.]

S.12 Offences and penalties

Offences and penalties:- (1) 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 which may extend to one year, or with fine which may extend to one thousand rupees or with both.

(2) Any 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 action that may be taken against him under this Act.

S.13 Power to obtain information

Power to obtain information:- If the estate officer has reason to believe that any person is in unauthorised occupation of any public premises, the estate officer or any other officer authorised by him in this behalf may require such person or any 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.14 Liability of heirs and legal representatives

Liability of heirs and legal representatives:- Where any person against whom any proceeding for determination of arrears of rent or for the assessment of damages is to be or has been taken, dies before the proceeding is taken or during the pendency 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 corporate authority] from any person whether by way of arrears of rent or damages or costs shall after the death of the person, be payable by his heirs or legal representatives, but their liability shall be limited to the extent of the assets of the deceased in their ha

S.15 Recovery of rent, etc., as an arrear of land revenue

Recovery of rent, etc., as an arrear of land revenue:- If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of Section 7 or the damages payable under sub-section (2) of that section or costs awarded to the Government * [or corporate authority] under sub-section (5) of Section 9, or any portion of such rent, damages 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 District Collector who shall proceed to recover the same as an arrear of land revenue.

S.16 Protection of action taken in good faith

Protection of action taken in good faith:- No suit, prosecution or other legal proceedings shall lie against the Government * [or the corporate authority] or the appellate officers or 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.

S.17 Delegation of powers

Delegation of powers:- The Government may, by notification, direct that any power exercisable by them under this Act shall subject to such conditions, if any, as may be specified in the notification be exercisable also by such officer of the Government as may be specified therein.

S.18 Power to make rules

Power to make rules:- (1) The Government may, by notification 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 one estate officer to another estate officer;

S.19 Andhra Pradesh Land Encroachment Act not to apply to garden, etc., appertaining to public premises

Andhra Pradesh Land Encroachment Act not to apply to garden, etc., appertaining to public premises:- The provisions of the Andhra Pradesh Land Encroachment Act, 1905 shall not apply to the garden, ground or vacant site, appertaining to any public premises.

S.20 Repeal of Act XXXVII of 1961

Repeal of Act XXXVII of 1961:- (1) The Andhra Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1961 is hereby repealed.

(2) Upon such repeal the provisions of Sections 8 and 18 of the Andhra Pradesh General Clauses Act, 1891 shall apply:

Provided that all proceedings pending before any officer or authority under the provisions of the repealed Act maybe continued by the appropriate officer or authority under this Act, as if this Act had been in force on the day on which the said proceedings were instituted.

S.2 Definitions

Definitions:- In this Act, unless the context otherwise requires.

* [(a) "Corporate Authority" means,]

(i) any local authority;

(ii) any company or corporation referred to in clause (d);

(aa) estate officer means an officer appointed as such by the Government under Section;

(b) "Government" means the State Government;

(c) "Notification" means a notification published in Andhra Pradesh Gazette and the expression notified shall be construed accordingly;

*

S.1 Short title and extent

Short title and extent:- (1) This Act may be called the Andhra Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1968.

(2) It extends to the whole of the State of Andhra Pradesh.