TO BE INTRODUCED IN LOK SABHA
Bill No. 184 of 2014
THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED
OCCUPANTS) AMENDMENT BILL, 2014
A
BILL
further to amend the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Public Premises (Eviction of Unauthorised Occupants) Short title and
Amendment Act, 2014. commencement.
(2) It shall come into force on such date as the Central Government may, by notification
5 in the Official Gazette, appoint.
40 of 1971. 2. In the Public Premises (Eviction of Unauthorised Occupants) Act,1971 (hereinafter Amendment
referred as the principal Act), in section 2,— of section 2.
(a) in clause (e), in sub-clause (2),—
1 of 1956. (A) in item (i), for the words and figures "the Companies Act, 1956", the
18 of 2013. 10 words and figures "the Companies Act, 2013" shall be substituted;
1 of 1956. (B) in item (ii), for the words and figures "the Companies Act, 1956", the
18 of 2013. words and figures "the Companies Act, 2013" shall be substituted;
(C) for item (iii), the following items shall be substituted, namely:—
2
"(iii) any company as defined in clause (20) of section 2 of the
Companies Act, 2013 in which not less than fifty-one per cent. of the paid- 18 of 2013.
up capital is held partly by the Central Government and partly by one or
more State Governments and includes a company which is a subsidiary
(within the meaning of that Act) of the first-mentioned company and which 5
carries on the business of public transport including metro railways.
Explanation.— For the purposes of item (vii), "metro railway" shall
have the same meaning as assigned to it in clause (i) of sub-section (1) of
section 2 of the Metro Railway (Operation and Maintenance) Act, 2002. 60 of 2002.
(iiia) any University established or incorporated by any Central Act;"; 10
(D) for item (v), the following item shall be substituted, namely:—
"(v) any Board of Trustees or any successor company constituted
under or referred to in the Major Port Trusts Act, 1963;"; 38 of 1963.
(E) in sub-clause (3),—
(a) in item (i), for the words "Municipal Corporation", the words, 15
brackets and figures "Council as defined in clause (9) of section 2 of the
New Delhi Municipal Council Act, 1994 or Corporation or Corporations 44 of 1994.
notified under sub-section (1) of section 3 of the Delhi Municipal
Corporation Act, 1957," shall be substituted; 66 of 1957.
(b) after item (iii), the following item shall be inserted, namely:— 20
"(iv) any premises belonging to, or taken on lease by, or on
behalf of any Government company as defined in clause (45) of
section 2 of the Companies Act, 2013. 18 of 2013.
Explanation.— For the purposes of this clause, the expression,
“State Government” occurring in clause (45) of the said section shall 25
mean the Government of the National Capital Territory of Delhi.”.
(F) in clause (fa) in sub-clause (ii) after the words 'in item (i) of sub-clause
(2),' the words 'in item (iv) of sub-clause (3)' shall be inserted.
(G) in clause (fa) in sub-clause (v), for the words "Corporation", the words
"Council, Corporation or Corporations" shall be substituted. 30
Amendment 3. In section 4 of the principal Act,—
of section 4.
(a) for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) If the estate officer has information 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 within 35
seven working days from the date of receipt of the information regarding the
unauthorised occupation calling upon the person concerned to show cause
why an order of eviction should not be made.
(1A) If the estate officer knows or has reasons to believe that any person
is in unauthorised occupation of the public premises, then, without prejudice to 40
the provisions of sub-section (1), he shall forthwith issue a notice in writing
calling upon the person concerned to show cause why an order of eviction
should not be made.
(1B) Any delay in issuing a notice referred to in sub-sections (1) and (1A)
shall not vitiate the proceedings under this Act."; 45
(b) in sub-section (2), in clause (b), in sub-clause (i), for the words "earlier than"
the words "later than" shall be substituted.
Amendment 4. In section 5 of the principal Act,—
of section 5.
(a) for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) If, after considering the cause, if any, shown by any person in 50
pursuance of a notice under section 4 and any evidence produced by him in
3
support of the same and after personal hearing, if any, given under sub-clause
(ii) of 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 shall make
an order of eviction, for reasons to be recorded therein, directing that the public
5 premises shall be vacated, on such date as may be specified in the order but not
later than fifteen days from the date of 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:
Provided that every order under this sub-section shall be made by the
10 estate officer as expeditiously as possible and all endeavour shall be made by
him to issue the order within fifteen days of the date specified in the notice under
sub-section (1) or sub-section (1A), as the case may be, of section 4.";
(b) after sub-section (2), the following proviso shall be inserted, namely:—
"Provided that if the estate officer is satisfied, for reasons to be recorded in
15 writing, that there exists any compelling reason which prevents the person from
vacating the premises within fifteen days, the estate officer may grant another fifteen
days from the date of expiry of the order under sub-section (1) to the person to vacate
the premises.";
5. In section 7 of the principal Act,— Amendment
of section 7.
20 (a) in sub-section (2A), for the words "simple interest", the words "compound
interest" shall be substituted;
(b) in sub-section (3), for the words "within such time as may be specified in the
notice", the words "within seven days from the date of issue thereof" shall be substituted;
(c) after sub-section (3), the following sub-section shall be inserted, namely:—
25 "(4) Every order under this section shall be made by the estate officer as
expeditiously as possible and all endeavour shall be made by him to issue the
order within fifteen days of the date specified in the notice.".
6. In section 9 of the principal Act,— Amendment
of section 9.
(a) in sub-section (2), for the proviso, the following proviso shall be substituted,
30 namely:—
"Provided that the appellate officer may entertain the appeal in exceptional cases
after the expiry of the said period, if he is satisfied for reasons to be recorded in writing
that there was compelling reasons which prevented the person from filing the appeal in
time.";
35 (b) for sub-section (4), the following sub-section shall be substituted, namely:—
"(4) Every appeal under this section shall be disposed of by the appellate officer as
expeditiously as possible and every endeavour shall be made to dispose of the appeal finally
within one month from the date of filing the appeal, after providing the parties an opportunity
of being heard.".
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STATEMENT OF OBJECTS AND REASONS
The Public Premises (Eviction of Unauthorised Occupants), Act, 1971 was enacted to
provide for speedy machinery for the eviction of unauthorised occupants from public
premises, including the premises of Government companies and those of corporations
established by or under any Central Act.
2. The Delhi Metro Railway Corporation (DMRC) had requested that metro properties
be declared as public premises by amending the PP (E) Act, 1971 and to confer powers of an
Estate Officer under the said Act, to the officers of the DMRC to be appointed by the Central
Government for dealing with the problem of eviction in a more expeditious manner.
3. Clause (e) of section 2 of the PP(E) Act, 1971 contains the definition of public
premises. Item (i) of sub-clause (2) of clasue (e) of section 2 of PP(E) Act, 1971 provides that
any premises belonging to, or taken on lease by, or on behalf of any company as defined in
section 3 of the Companies Act, 1956, in which not less than fifty-one per cent of the paid-up
share capital is held by the Central Government or any company which is a subsidiary (within
the meaning of that Act) of the first-mentioned company as public premises. The paid-up
share capital held partly by the Central Government and partly by one or more State
Governments is not included under this item.
4. The Companies Act, 1956 now stands reenacted as Companies Act, 2013.
5. It is, therefore, proposed to include within the meaning of public premises any
premises belonging to, or taken on lease by, or on behalf of, any company as defined in
clause (20) of section 2 of the Companies Act, 2013 in which not less than fifty-one per cent
of the paid-up capital is held partly by the Central Government and partly by one or more
State Governments and includes a company which is a subsidiary (within the meaning of that
Act) of the first-mentioned company and which carries on business of public transport
including metro railways by substituting existing item (iii) in sub-clause (2) of clause (e)
under section 2 of the PP(E) Act, 1971.
6. As the Major Port Trusts Act, 1963 is being amended to include any successor
company constituted under or referred to in this Act to the existing Board of Trustees, it is
proposed to make similar changes in item (v) of sub-clause (2) of clause (e) of section 2 of
PP(E) Act 1971.
7. The public premises, in relation to the National Capital Territory of Delhi means, any
premises belonging to the Municipal Corporation of Delhi, or any Municipal Committee or
notified area committee under the provisions as contained in item (i) of sub-clause (3) of
clause (e) of section 2 of Public Premises (Eviction of Unauthorised Occupants), Act, 1971.
An issue was raised in a case before the Hon'ble High Court of Delhi in a civil writ petition
No. 9664/2007 as to whether the expression "Municipal Committee" or "notified area
committee" in the National Capital Territory of Delhi would include the Muncipal Council as
defined in clause (e) of section 2 of the Public Premises (Eviction of Unauthorised Occupants),
Act, 1971. The Hon'ble High Court held that there is no question of any ambiguity in expression
"any Municipal Committee or notified area committee" used in relation to any premises held
by them and dismissed the writ petition. To avoid reoccurrence of any litigation in future and
to remove any doubts, it is proposed to bring Muncipal Council within the purview of public
premises by amending section 2 of the PP(E) Act, 1971.
8. It is proposed to substitute the word "Municipal Corporation" by the phrase
"Corporation or Corporations" notified under sub-section (1) of section (3) of the ‘‘Delhi
Municipal Corporation Act, 1957", as per recommendation of the Parliamentary Standing
Committee on Urban Development.
4
5
9. In relation to National Capital Territory of Delhi, it is proposed to bring any premises
belonging to, or taken on lease by, or on behalf of any Government Company as defined in
clause (45) of section 2 of the Companies Act, 2013 under the purview of public premises, by
incorporating a new item (iv) below section 2(e)(3)(iii) of the Act.
10. It is also proposed to make consequential amendments in sub-clause (ii) and (v) of
clause (fa) of section 2 of the Act so that officers of the proposed companies and New Delhi
Municipal Council can be appointed as estate officers under section 3 of the PP(E) Act, 1971.
11. The Parliamentary Standing Committee (PSC) on Urban Development had given
certain observations/recommendations on Public Premises (Eviction of Unauthorised
Occupants) Amendment Bill, 2011. Further, the Hon'ble Supreme Court had given twenty
suggestions with regard to unauthorised occupancy in para 28 of its Judgment dated
05.07.2013 in Civil Appeal No. 4064/2004 in the case of S.D. Bandi vs. Divisional Traffic
Officer, Karnataka State Road Transport Corporation (KSRTC) & Ors. The observations/
recommendations of the PSC and the suggestions given by the Hon'ble Supreme Court were
aimed at smooth and speedy eviction of unauthorised occupants from the public premises in
a time-bound manner. In order to give statutory form to four recommendations of the
Parliamentary Standing Committee and eighteen suggestions given by the Hon'ble Supreme
Court in the aforesaid judgment, which have been accepted by the Government, certain
suitable amendments have been proposed in section 4, section 5, section 7 and section 9 of
the PP(E) Act, 1971.
12. Out of the above mentioned twenty suggestions given by the Hon'ble Supreme
Court, two suggestions were not accepted as it may have lead to further delays in the
proceedings under PP(E) Act, 1971.
13. The Bill seeks to achieve the above objectives.
NEW DELHI; M. VENKAIAH NAIDU
The 4th December, 2014.
S3 \F\BILL 2014\LS\3401LS\3401LS
ANNEXURE
EXTRACTS FROM THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS ACT, 1971)
(40 OF 1971)
* * * * *
Definitions. 2. In this Act, unless the context otherwise requires,—
* * * * *
(e) "public premises" means—
(1) any premises belonging to, or taken on lease or requisitioned by, or on
behalf of, the Central Government, and includes any such premises which have
been placed by that Government, whether before or after the commencement of
the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980, 61 of 1980.
under the control of the Secretariat of either House of Parliament for providing
residential accommodation to any member of the staff of that Secretariat;
(2) any premises belonging to, or taken on lease by, or on behalf of,—
(i) any company as defined in section 3 of the Companies Act, 1956, 1 of 1956.
in which not less than fifty-one per cent. of the paid-up share capital is
held by the Central Government or any company which is a subsidiary
(within the meaning of that Act) of the first-mentioned company,
(ii) any corporation (not being a company as defined in section 3 of
the Companies Act, 1956, or a local authority) established by or under a 1 of 1956.
Central Act and owned or controlled by the Central Government,
(iii) any University established or incorporated by any Central Act,
* * * * *
(v) any Board of Trustees constituted under the Major Port Trusts
Act, 1963, 38 of 1963.
* * * * *
(3) in relation to the National Capital Territory of Delhi;
(i) any premises belonging to the Municipal Corporation of Delhi, or any
municipal committee or notified area committee;
* * * * *
(iii) any premises belonging to, or taken on lease or requisitioned by, or on
behalf of any State Government or the Government of any Union territory;
Issue of notice 4. (1) If the estate officer is of opinion that any persons are in unauthorised occupation
to show cause of any public premises and that they should be evicted, the estate officer shall issue in the
against order manner hereinafter provided a notice in writing calling upon all persons concerned to show
of eviction.
cause why an order of eviction should not be made.
* * * * *
Eviction 5. (1) If, after considering the cause, if any, shown by any person in pursuance of a
unauthorised notice under section 4 and any evidence produced by him in support of the same and after
occupants.
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 there 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.
6
7
(2) 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 the date of its publication under sub-
section (1), whichever is later, the estate officer or any other officer duly authorised by the
estate officer in this behalf may, after the date so specified or after the expiry of the
period aforesaid, whichever is later, evict that person from, and take possession of, the
public premises and may, for that purpose, use such force as may be necessary.
* * * * *
7. (1) * * * * Power to
require
(2A) While making an order under sub-section (1) or sub-section (2), the estate officer payment of
may direct that the arrears of rent or, as the case may be, damages shall be payable together rent or
with simple interest at such rate as may be prescribed, not being a rate exceeding the current damages in
respect of
14 of 1978. rate of interest within the meaning of the Interest Act, 1978. public
premises.
(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 he may produce in support of the same,
have been considered by the estate officer.
* * * * *
9. (1) * * * * * Appeals.
(2) An appeal under sub-section (1) shall be preferred,—
(a) in the case of an appeal from an order under section 5, within twelve days
from the date of publication of the order under sub-section (1) of that section;
(b) in the case of an appeal from an order under section 5B or section 7, within
twelve days from the date on which the order is communicated to the appellant; and
(c) in the case of an appeal from an order under section 5C, within twelve days
from the date of such order:
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
filing the appeal in time,
* * * * *
(4) Every appeal under this section shall be disposed of by the appellate officer as
expeditiously as possible.
* * * * *
LOK SABHA
————
BILL
further to amend the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
————
(Shri M. Venkaiah Naidu, Minister of Urban Development, Housing and Urban Poverty
Alleviation and Parliamentary Affairs)
GMGIPMRND—3401LS(S-3)—08.12.2014.
LOK SABHA
------
CORRIGENDUM
to
THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS)
AMENDMENT BILL, 2014
[To be/As introduced in Lok Sabha]
1. Page 2, for lines 27 to 30,–
read '(F) in clause (fa), –
(a) in sub-clause (ii), after the words, brackets and figures in
item (i) of sub-clause (2), the words "in item (iv) of sub-clause (3)"
shall be inserted;
(b) in sub-clause (v), for the word "Corporation", the words
"Council, Corporation or Corporations" shall be substituted.'.
NEW DELHI;
December 10, 2014 ______
Agrahayana 19, 1936 (Saka)
