Lok Sabha passes Public Premises (Eviction of Unauthorized Occupants) Amendment Bill, 2014

The Lok Sabha on 15 December 2014 passed the Public Premises (Eviction of Unauthorized Occupants) Amendment Bill, 2014, which seeks to amend the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.  The Act provides for the speedy eviction of unauthorised occupants from public premises, including those of government companies and corporations. 

  Salient Provisions of the Public Premises (Eviction of Unauthorized Occupants) Amendment Bill, 2014

The Bill proposes to make suitable amendments in Sections 2, 4, 5, 7 and 9 of the 1971 Act.

The Bill redefines public premises to include companies in which at least 51 percent of the paid-up share capital is held by Central and state governments.

The Bill seeks to bring the properties of Delhi Metro Rail Corporation and other Metro Rails which may come up in future and also the properties of New Delhi Municipal Council within the ambit of the 1971 Act.

The Act outlines the process that must be followed by Estate Officers in determining whether the premises are in unauthorised occupation.  The Bill outlines time limits for certain actions to be followed while evicting unauthorised occupants:  

If the Estate Officer is satisfied that premises are in unauthorised occupation, he may order the eviction of the premises.  This should be done within 15 days from the order.  The 15 day period may be extended if the Estate Officer feels there are compelling reasons which prevent a person from vacating the premises in 15 days. 

If an Estate Officer receives information that a person is in unauthorised occupation of the premises, he must make an order, within seven days of receiving this information, directing persons who have occupied the premises to show cause as to why they should not be evicted.  However, any delay in issuing this order will not invalidate proceedings.

When a person is in arrears of rent payable, the Estate Officer may order that he pay rent or damages, after issuing a notice asking the person to explain why such as order should not be made.  The explanation must be provided within seven days of the notice.  

The Act states that every appeal to the Estate Officer’s orders must be disposed off as quickly as possible.  The Bill states that appeals must be disposed off within one month, as far as possible.

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. The Act has been amended previously in 1980, 1984 and 1994.

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. The Act has been amended previously in 1980, 1984 and 1994.