THE ARUNACHAL PRADESH PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 2003

ACT NO. 2 OF 2003

to provide for eviction of unauthorised occupants from public premises and matters connected therewith. Be it enacted by the Legislative Assembly of Arunachal Pradesh in the fifty fourth year of the Republic of India as follows :—

Read full Act

S.1 Short title, extent and commencement.

(i) This Act may be called the Arunachal Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 2003.

(ii) It extends to the whole of the State of Arunachal Pradesh.

(iii) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint and different dates may be appointed for different areas and for different provisions of the Act.

S.2 Definitions

In this Act, unless the context otherwise requires :—

• (i) "Deputy Commissioner" means the Deputy Commissioner in charge of a District ;
• (ii) "Estate Officer" means an Officer appointed as such by the State Government under section 3 ;
• (iii) "Premises" means any land or any building or part of a building and includes :—
  • (a) the houses, gardens, grounds and the building or part of a building ; and
  • (b) any fittings affixed to such building or part of a building for more beneficial enjoyment thereof ;
• (iv) "Public Premises" means any land or structure belonging to :
  • (a) The state Government, and
  • (b) Any other Corporation or Public Sector undertakings owned or sponsored and controlled by the State Government ;
• (v) "Rent" in relation to any public premises, means the consideration payable periodically for the authorized occupation of the premises, and inclu
  

S.3 Appointment of Estate Officers.

The State Government may, by notification in the official gazette :

• (i) appoint such persons, being gazetted officer of the Government, as it thinks fit, to be Estate Officers for the purposes of this Act ; and
• (ii) define the local limits within which or the categories of public premises in respect of which, the Estate Officer shall exercise the power conferred, and perform the duties imposed, on Estate Officers by or under this Act.

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

(i) If the Estate Officer is of opinion that any person is in unauthorized occupation on 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.

(ii) 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—
  • (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 ten days from the date issued thereof ; and
  • (ii) to appear before the Estate Officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown and also for personal hear
    

S.5 Eviction of unauthorized occupants.

(i) 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 clause (b) of sub-section (ii) of section 4, the Estate Officer is satisfied that the public premises are in unauthorized 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.

(ii) If any person refuses or fails to comply with the order of eviction on or before the date specified in the said order or within fifteen days of its publication under sub-section (i) whichever is later, the Estate Officer or any other officer duly authorized by the Est

S.6 Power to remove unauthorized constructions etc.

(i) No person shall

• (a) erect or place or raise any building or any movable or immovable structure or fixture,
• (b) display or spread any goods,
• (c) bring or keep any cattle or other animals 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.

(ii) 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 (i), the Estate Officer may serve upon the person erecting such building or other structure or fixture, a notice requiring him either to remove or to show cause why he shall not remove such building or other structure or fixture, from the public premises within such period not being less than seven days, as he may specify in the notice, and on the omission or refusal of such person eithe

S.7 Order of demolition of unauthorized construction.

(i) 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 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 authorized 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 may 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 of work has been commenced, or is being carried on, or has been completed, within such period, as may be specified in the order :

Provided that no order under this sub-section shall be made unless the person concerned has been given, by means of a notice of not less than seven days served in

S.8 Power of seal unauthorized constructions.

(i) It shall be lawful for the Estate Officer at any time, before or after making an order of demolition under section (7), 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 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.

(ii) 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.

(iii) No person shall remove such seal except :

• (a) under an order made by the Estate Officer under sub-section (ii), or
• (b) under an order of the appellate officer made in an appeal under this Act.

S.9 Disposal of property left on public premises by unauthorized occupants

(i) Where any persons have been evicted from any public premises under section 5 or where any building or other work has been demolished under section 7, 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 disposed of by public auction any property remaining on such premises.

(ii) Where any goods, materials, cattle or other animals have been removed from any public premises under section 6, the Estate Officer may, after giving fourteen days, notice to the persons owing such goods, materials cattle or other animals 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 other animals.

(iii) Notwithstanding anything contained in sub-section (i) and (ii) the giving or

S.10 Power to require payment of rent or damages in respect of public premises

(i) 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 installments as may be specified in the order.

(ii) Where any person is, or has at any time been in unauthorized 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 installments as may be specified in the order.

(iii) While making an order under sub-section (i) or sub-section (ii) the Estate Officer may direct that the arrears of rent or ; as the case may be, damages shall be payable together with simple interest at such rates as may be prescribed not being a rate exceeding the current rate of interest within the meaning of the Interest Act, 1

S.11 Power of Estate Officer

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 :—

• (i) summoning and enforcing the attendance of any person and examining him on oath ;
• (ii) requiring the discovery and production of documents ;
• (iii) any other matter which may be prescribed.

S.12 Appeals.

(i) An appeal shall lie from every order of the Estate Officer made in respect of any public premises under section 5 or section 7 or section 8 or section 10 to an appellate officer who shall be the Deputy Commissioner of the District in which the public premises are situated.

(ii) An appeal under sub-section (i) shall be preferred

• (a) in the case of an appeal from an order under section 5 within thirty days from the date of publication of the order under sub-section (i) of that section ;
• (b) in the case of an appeal from an order under section 7 or section 10 within thirty days from the date on which the order is communicated to the appellant :

  Provided that the appellate officer may entertain the appeal after the expiry of the said period, if he is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time ; and

• (c) in the case of an appeal from an order under section 8 within thirty day
  

S.13 Finality of order.

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.14 Offences and penalty.

(i) 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 two 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 as ceased to be valid, shall not be guilty of such offence.

(ii) 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 five thousand rupees or with both.

(iii) Any Magistrate convicting a person under sub-section (ii) may make an order for evicting that person summarily and he shall be liable to such ev

S.15 Offences under section 14 to be cognizable.

The Code of Criminal Procedure, 1973 shall apply to an offence under section 14 as if it were a congnizable offence

• (i) for the purposes of investigation of such offence, and
• (ii) for the purposes of matters, other than (I) 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 Gazetted Officer as may be appointed by the state government in the case of an offence in relation to the public premises specified in sub-section (iv) of Section 2 of the Act.

S.16 Power to obtain information.

If the Estate Officer has reason to believe that any persons are in unauthorized occupation of any public premises, the Estate Officer or any other Officer authorized by him in this behalf, may require those persons or any other persons to furnish information relating to the names and other particulars of the persons in occupation of public premises and every person so required shall be bound to furnish the information in his possession.

S.17 Liability of heirs and legal representatives.

(i) Where any person against whom any proceeding for the determination of arrears of rent or for the assessment of damages or for the determination of the amount payable by way of interest on such arrears of rent or damages is to 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.

(ii) 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 animals is to be recovered under sub-section (ii) or sub-section (iii) of section 6, or any expenses of demolition are to be recovered under sub-section (v) of section 7, dies before any proceeding is taken for the recovery of such cost 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.

(iii)

S.18 Recovery of rent, etc. as an arrear of land revenue.

If any person refuses or fails to pay the expenses of demolition payable under sub-section (v) of section 7 or the arrears of rent payable under sub-section (i) of section 10 or the damages payable under sub-section (ii) or the interest determined under sub-section (iii) of that section or the costs awarded to the state government or the corporation under sub-section (v) of section 12 or any portion of such rent, damages, expenses, interest or costs within the time, if any, specified thereof, in the order relating thereto, the Estate Officer may issue a certificate for the Deputy Commissioner, who shall proceed to recover the same as an arrear of land revenue.

S.19 Bar of jurisdiction.

No court shall have jurisdiction to entertain any suit or proceeding in respect of—

• (i) the eviction of any person who is in unauthorized occupation of any public premises, or
• (ii) the removal of any building, structure or fixture or goods, cattle or other animals from any public premises under Section 6, or
• (iii) the demolition of any building or other structure made or ordered to be made under Section 7, or
• (iv) the sealing of any erection or work or of any public premises under Section 8, or
• (v) the arrears of rent payable under sub-section (i) of section 10 or damages payable under sub-section (ii) or interest payable under sub-section (iii) of that section, or
• (vi) the recovery of —
  • (a) costs of removal of any building structure or fixture or goods, cattle or other animals under Section 6, or
  • (b) expenses of demolition under Section 7, or
  • (c) costs awarded to the state government o
    

S.20 Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the State Government 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 there under.

S.21 Delegation of powers.

The State 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 an officer of the State Government.

S.22 Power to make rules.

(i) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(ii) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters namely :-

• (a) the form of any notice required or authorized to be given under this Act and in the manner in which it may be served ;
• (b) the holding of inquires under this Act ;
• (c) the distribution and allocation of work to Estate Officers and the transfer of any proceeding pending before and Estate Officer to another Estate Officer ;
• (d) the procedure to be followed in taking possession of public premises ;
• (e) the manner in which damages for unauthorized occupation may be assessed and the principles which may be taken into account in assessing such damages ;
• (f) the rate at which interest shall be payable on arrears of rent specified in any order m
  

S.23

Anything done or any action taken under The Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (Central Act) shall be deemed to have been done or taken under this Act.