Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968
(1) If the estate officer is of opinion that any persons are in unauthorized occupation of any public building 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
(b) require all persons concerned, that it so say, all persons who are, or may be, in occupation of, or claim interests in, the public building, 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 of issue thereof.
(3) The estate officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public building, and in such other manner as may be prescribed, whereupon the notic
(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 such person in support of the same and after giving him a reasonable opportunity of being heard, the estate officer is satisfied that the public building is in unauthorised occupation, the estate officer may, on a date to be fixed for the purpose, make an order of eviction, for reason to be recorded therein, directing that the public building shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be published by affixing it on the outer door or some other conspicuous part of the public building.
(2) If any person refuses or fails to comply with the order of eviction within thirty days of the date of its publication under sub-section (1), the estate officer or any other officer duly authorised by him in this behalf may evict that person from, and take possession of, the public buil
(1) Where any persons have been evicted from any public building under section 5, the estate officer may, after giving fourteen days' notice to the persons from whom possession of the public building 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 left by such persons in such building.
(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 the local authority 11[or the company or the corporation], as the case may be, on account of rent payable in respect of the public building or damages payable under sub-section (2) of section 8 or costs awarded under sub-section (5) of section 10, be paid to such person or persons as may appear to the estate officer to be entitled to the same:
Provided that where the estate off
Any person who is, or has at any time been, in unauthorised occupation of any public building shall be liable to pay for the whole period of such occupation, such damages on account of the use and occupation of such building as may be assessed by the estate officer having regard to such principles of assessment of damages as may be prescribed.
(1) Where any person is in arrears of rent payable in respect of any public building, 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 liable to pay damages under section 7, the estate officer may, by order require that person to pay such damages within such time and in such instalments as may be specified in the order.
(3) No order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice why such order should not be made, and until his objections, if any, and any evidence produced by him in support of the same, have been considered by the 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 (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.
(1) An appeal shall lie from any order of the estate officer made in respect of any public building under section 5 or section 8 to the Collector of the District in which the public building is situate.
(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 any order under section 8, within fifteen days from the date on which the order is communicated to the appellant;
(3) Where a appeal is preferred from an order of the estate officer, the District Collector may stay the enforcement of that order for such period and on such conditions as he deems fit.
(4) Every appeal under this section shall be disposed of by the District Collector as expeditiously as possible.
(5) The costs of any appeal under this section shall be in the discret
If the estate officer has reason to believe that any persons are in unauthorized occupation of any public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possession of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly.
(1) Where any person against whom may proceeding for-
(a) the determination of arrears of rent; or
(b) the assessment of damages, is to be, or has been taken under this Act, 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 12[or a local authority or a company or a corporation], as the case may be, from any person whether by way of arrears of rent, damages or costs shall, after the death of that 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 hands.
If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of section 8 or the damages payable under sub-section (2) of that section or costs awarded to the Government 13[or a local authority or a company or a corporation], as the case may be, under sub-section (5) of section 10, 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 Collector of the District in which the public building is situate, who shall thereupon proceed to recover the same as arrears of public revenue due on land.
If the person refusing or failing to pay any of the amounts referred to in section 13 is in receipt of any salary, the estate officer may, notwithstanding the issue of a certificate to the Collector under the said section, require any person paying the salary to deduct from any payment of salary subsequent to the date of such requisition any such amount or any portion thereof as may be specified in the requisition and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Government 14 [or the company or the corporation] as the case may be:
Provided that any part of the salary exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908), shall be exempted from any requisition made under this section.
Explanation.-- For the purposes of this section, "salary" includes,-
(i) wages;
(ii) any annuity or pension;
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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 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.
(1) If any person who has been evicted from any public building under this Act again occupies the building 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 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 other action that may be taken against him under this Act.
(3) If a persons fails without reasonable cause or excuse to deduct and pay any amount as required under section 14, he shall be punishable with fine which may extend to ten rupees for every day during which the default continues.
(4) A person shall not be proceeded against for an offence under sub-section (3) except at the instance of the Collector of the district in which the public building is situated.
(5) The Collector may ei
No suit, prosecution or other legal proceedings shall lie, against the Government 15 ["or a company or a corporation"] or the appellate authority or the estate officer or any other officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made thereunder.
(1) The Government may, by notification in the 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 proceedings pending before an estate officer to another estate officer;
(d) the procedure to be followed in taking possession of public buildings;
(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 manner in which appeals may be preferred and the procedure to be followed in appeals;
(1) This Act may be called the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
In this Act unless the context otherwise requires,-
[2] ["(a) "company" means a company in which not less than fifty-one per cent of the paid up share capital is held by the Government of Kerala or jointly by the Central Government and the Government of Kerala and includes a company which is a subsidiary of any such company;
(aa) "corporation" means a corporation established or constituted by or under any Central or State Act and owned or controlled by the Government of Kerala ;"];
[3](aaa) "estate officer" means an officer appointed as such by the Government under section 3 ;
[4] ["(b) "local authority" means a panchayat at any level constituted under the Kerala Panchayat Raj Act, 1994 or a municipality constituted under the Kerala Municipality Act, 1994 or any other authority, by whatever name called, constituted under any law for the time being in force for the development of any local area;".]
(c) "prescribed" means prescribed by rules made und
The Government may, by notification in the Gazette,-
(a) appoint such persons, being Gazetted Officers of Government below the rank of district Collector, as they think fit, to be estate officers for the purposes of this Act:
9 [ "Provided that-
10 [(i) in the case of a local authority, the Secretary of the local authority; and in the case of any other authority, the executive authority of that authority.]
(ii) in the case of a company or a corporation, an officer of that company or corporation not below the rank of a Deputy Director of the Industries Department, nominated by that company or corporation shall be appointed as estate officer;"].
(b) define the local limits within which, or the categories of public buildings in respect of which, the estate officers shall exercise the powers conferred, and perform the duties imposed, on estate officers by or under this Act.
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