The Bihar Government Premises (Allotment, Rent, Recovery and Eviction) (Amendment) Act, 2008

Short title, extension and commencement .—(1) This Act may be called The Bihar Government Premises (Allotment, Rent, Recovery and Eviction) (Amendment) Act 2008.

1. (2) It shall extend to whole of the State of Bihar.
2. (3) It shall come into force at once.

Insertion of a new sub section after section 2A

1. (2) in Bihar Act 20 of 1956.—In the said Act after section 2A
2. (2) the following new sub section shall be inserted namely :-

"(3) The state government may allot government premises to various Departments/

Authorities/Boards/Commissions/Statutory Bodies for their official use for the period, the order is in force."

"12 Penalty and Procedure-

1. (1) Contravention of any provision or obstruction to the lawful exercise of any power conferred or abetment to such contravention or obstruction, under this Act or any Rule or order made there under shall constitute and offence and any person committing offence shall be punishable with imprisonment for a period which may extend to two years or fine which may extend to Ten Thousand Rupees, or with both.
2. (2) Proceeding for punishment under subsection
3. (1) shall neither be initiated nor any Court shall take cognizance of such offence except on a report in writing of the facts constituting

such an offence made by the competent authority with the previous sanction of the State

Government.

1. (3) No Court inferior to that of a Judicial Magistrate of the first class shall try any offence defined under subsection (1)"

"12A- offences to be cognizable and non-bailable-Every offence, as defined under section 12

1. (1) of the Act, shall be cognizable and non-bailable." 1. Short title, extent and commencement Short title, extent and commencement .—(1) This Act may be called The Bihar Government Premises (Allotment, Rent, Recovery and Eviction) (Amendment) Act 2008.
2. (2) It shall extend to whole of the State of Bihar.
3. (3) It shall come into force at once. 2. Amendment of Section- 2 Amendment of Section- 2.-
4. (1) Sub Section
   • (a) of section 2 shall be substituted as follows:- ''Allotment'' means the grant, in writing by or on behalf of the State Government, of a right of use and occupation of any Government Premises to any person by an order or by grant of lease, settlement and license or in any other manner.
5. (2) Sub Section
   • (b) of section 2 shall be substituted as follows:- "Competent Authority" not below the rank of a Deputy Collector authorized by the competent department of the State Government by notification in official gazette, perform all or any of the functions of competent authority under this Act for such area as may be specified in the notification.
6. (3) Sub Section
   • (d) of section 2 shall be substituted as follows:-
     • (i) “Government Premises” shall include any land or a building belonging to or vested in the state or taken on lease or requisitioned by or on behalf of the State Government and includes any premises belonging to or taken on lease by or on behalf of
   • (a) Any Government Company
   • (b) Any Local Authority
   • (c) Any Corporation/Autonomous body created by the State Government by statute or by an executive order
   • (d) Any Society registered under Societies Registration Act, 1860 or any Co-operative Society registered under Bihar Co- operative Societies Act 1935, the governing body whereof consists inter alia, of Government Officers or nominees of the State Government or both or where state government has contributed to the shares of the society or co-operative society.
     • (ii) Government Premises shall also include
   • (a) The Garden , Grounds and Out Houses , if any , appertaining to such building or part of building,
   • (b) Any furniture supplied by the State Government for use in such

building or part of building and

1. (c) Any fitting affixed to such building or part of a building for beneficial enjoying thereof.
   • (iii) “Competent department” means the department which is administrating the land or building belonging to the state government or in case of section-2d (i),
2. (a) to (d), the department which is the administrative department.

1. (4) Sub Section
   • (f) of section 2 shall be substituted as follows:- "Rent" shall have the meaning assigned to it in the Transfer of Property Act, 1882 and includes rent as fixed by the Government or an empowered authority for land or building or both and includes ground rent, Municipal Tax or any other tax or any other amount payable by the allottee for use and occupation of the premises.
2. (5) Sub Section
   • (g) of section 2 shall be substituted as follows:- "Unauthorized occupation" in relation to any Government

premises, means the occupation by any person of the Government

premises without authority for such occupation, and includes the continuance in occupation by any person of the Government premises after the authority (whether by way of grant/ lease/ allotment/ license or any other mode of transfer under which or the capacity in which he was allowed to hold or occupy the premises) has expired or had been determined for any reason whatsoever and also includes continuance in occupation in the circumstances, specified in this act and a person shall not, merely by reason of the fact that he had paid any amount as rent, be deemed to be in authorized occupation."

2B. Power to determine Rent Power to determine Rent.- The Competent Authority, while making allotment of premises by whatever method, shall determine payable rent including statutory taxes. In determining rent, the Competent Authority shall keep in mind the market rent as payable for similar type of premises in the vicinity. Provided that the rent of premises to be allotted to a public servant will be fixed in accordance with admissible H.R.A. for such Class of Public Servant. Provided further that the Competent Authority shall have right to revise the rent including tax after expiry of five years from the date of allotment in the same manner in which rent has originally been determined.

3. Cancellation of allotment Cancellation of allotment- if any Government premises are required for any public purpose, the competent authority may, notwithstanding anything contained in any other law for the time being in force, cancel the allotment either through an order, lease or settlement or license or any other mode under which such premises, is held or occupied by a person. Provided that before cancelling the allotment under this section, the competent authority shall require such person to show cause within fifteen days why the allotment should not be cancelled.

4. Power to evict Government premises Power to evict Government premises.-Notwithstanding anything to the contrary contained in any law for the time being in force, if the competent authority is satisfied.

1. (a) That the person authorized to occupy any Government premises has, whether before or after the commencement of this Act-
   • (i) Sub-let, without the permission of the State Government or of the competent authority, the whole or any part of such premises; or
   • (ii) Committed or is committing such acts of waste as are likely to affect materially the value or utility of the premises; or
   • (iii) Otherwise acted in contravention of any of the terms, express or implied, under which he is authorized to occupy such premises;
2. (b) That any person is in unauthorized occupation of any Government premises by virtue of cancellation of allotment/ lease/ settlement/ license/ order, The competent authority may, by notice served by registered post or in such other manner as may be prescribed, order that person as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate/ remove/ demolish the premises within One Week of the date of the service of the notice and if any person refuses or fails to comply with such order, the competent authority may evict that person from, and take possession of the premises and may for that purpose use force as may be necessary: Provided that if within one week of the service of notice on him, the person concerned files a show cause, the competent authority shall consider and shall pass such order thereon, as he may consider necessary, and if the show cause is rejected, necessary steps for eviction of the person concerned may be taken. 7A. Liability of heirs and legal representatives Liability of heirs and legal representatives.-
   • (i) Where any person against whom any proceedings for the determination of arrears of rent for the assessment of damages is to be or has been taken dies before the proceeding is taken ог 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) Any amount due to the State Government or the Corporate Authority from any person 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 that come into their hands and have not been only disposed of. 8. Appeal Appeal .-

1. (1) Any person aggrieved by an order of the competent authority under this Act may within one week of such order, prefer an appeal to the Secretary of the Department. Provided that the Secretary of the Department for another seven days may entertain the appeal after the expiry of the said period one week, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
2. (2) On receipt of an appeal under sub-section (1), the Secretary of the Department may, after calling for a report from the competent authority and after hearing the appellant and making such further inquiry, if any, as may be necessary, pass such order as may be deemed proper and the orders of the Secretary of the Department shall be final.
3. (3) Where an appeal is preferred under sub-section
4. (1) the Secretary of the Department may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit.

Amendment of Section- 12.- Sub Section (1) of Section 12 shall be substituted as follows.- "Any person who contravenes any provision of this Act, or of any rule or order made there under or obstructs the lawful exercise of any power conferred by or under this Act, or who abets such contravention or obstruction, shall, without prejudice to recovery of damages under section 5, be punishable with Simple Imprisonment for a term which may extend to Six months or with a fine which may extend to Ten thousand rupees, or with both."