Validation

Validation -- Notwithstanding any judgment, decree or order of any court, anything done or any action taken (including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rent or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the Madhya Pradesh Government Premises (Eviction) Act, 1952 (No. 16 of 1952) (hereinafter referred to as the 1952 Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under sub-section

1. (3) of section 1 deemed to have come into force in the Mahakoshal region on the 12th September, 1952 and the other regions on the 1st January, 1959 and accordingly :-
   • (a) no suit or other legal proceedings shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under the 1952 Act, where such refund has been claimed merely on the ground that the said Act has been declared to be unconstitutional and void;
   • (b) no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under 1952 Act, merely on the ground that the said Act has been declared to be unconstitutional and void. 1. Short title Short title, extent and commencement -
2. (1) This Act may be called the Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyan, 1974.
3. (2) It extends to the whole of Madhya Pradesh.
4. (3) It shall be deemed to have come into force --
   • (i) in the Mahakoshal region on the 12th September, 1952, and
   • (ii) in other regions of the State on the 1st January 1959, except sections 11, 19 and 20, which shall come into force at once. 2. Definitions Definitions -- In this Act, unless the context otherwise requires --
   • (a) "competent authority" means an authority appointed as such by the State Government under Section 3;
   • (b) "corporate authority" means any company or corporation referred to in clause
   • (e) of the section;
   • (c) "premises" means any building or part of a building and includes --
     • (i) the garden, grounds and out-houses, if any, appertaining to such building or part of a building; and
     • (ii) any fittings, affixed to such building or part of a building for the more beneficial enjoyment thereof;
   • (d) "prescribed" means prescribed by rules made under this Act;
   • (e) "public premises" means any premises belonging to 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 -
     • (i) any company as defined in section 3, of the Companies Act, 1956 (No 1 of 1956), in which not less than fifty one per cent. of the paid up share capital is held by the State Government; and
     • (ii) any Corporation not being a company as defined in section 3 of the Companies Act, 1956 (No. 1 of 1956) established by or under a Central or State Act and owned or controlled by the State Government or a local authority.
   • (f) "rent" in relation to any public premises, means the consideration payable periodically for the premises, and includes --
     • (i) any charge for electricity, water or any other services in connection with the occupation of the premises;
     • (ii) any tax (by whatever name called) payable in respect of the premises, where such charge or tax is payable by the State Government or Corporate authority;
   • (g) "unauthorised occupation" in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. 3. Form of notices Appointment of competent authority — The State Government may, by notification in the official Gazette —
   • (a) appoint such person being an officer not below the rank of Assistant Collector or Deputy Collector as competent authority for the purposes of this Act: and
   • (b) define the local limits within which, or the categories of public premises in respect of which, the competent authority shall exercise the powers conferred, and perform the duties imposed, on competent authority by or under this Act. 4. Manner of service of notice Issue of notice to show cause against order of eviction —
5. (1) If the competent authority is of the opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the competent authority shall issue a notice in writing calling upon all persons concerned to show cause on the specified date why an order of eviction should not be made.
6. (2) The notice issued under sub-section
7. (1) 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 of issue thereof; and
     • (ii) to produce on the date specified all evidence in support of the cause to be shown.
8. (3) The competent authority shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises, and it shall also be published in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly served on all persons concerned.
9. (4) Where the competent authority knows or has reasons to believe that any persons are in occupation of the public premises then, without prejudice to the provisions of sub-section (3), it shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed. 5. Holding in inquiries Holding in inquiries —
10. (1) The competent authority 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.
11. (2) Every inquiry held by the competent authority under this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860) and the competent authority shall be deemed to be a civil court for the purposes of section 195 of the Code of Criminal Procedure, 1898 (5 of 1898). 6. Transfer of pending proceedings Transfer of pending proceedings —
12. (1) On the application of any person to whom a notice under the Act has been served and after hearing him, if he desires to be heard, or of its or his own motion, the State Government or any Gazetted Officer especially authorised by the State Government in this behalf by notification in the Official Gazette may at any stage transfer any proceeding pending before any competent authority for disposal of the same.
13. (2) Where any proceeding has been transferred under sub-section (1), the competent authority who thereafter is incharge of such proceeding may, subject to any special directions in the order of transfer, either restart it or proceed from the point at which it was transferred. 7. Manner of taking possession of public premises Power to require payment of rent or damages in respect of public premises.—
14. (1) Where any person is in arrears of rent payable of any public premises, the competent authority may, by order, require that person to pay the same [within such time and in such instalments] as may be specified in the order.
15. (2) Where any person is, or has at any time been, in unauthorised occupation of any public premises, the competent authority 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 instalments as may be specified in the order.
16. (3) No order under sub-section
17. (1) or sub-section
18. (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 competent authority. 8. Assessment of damages Power of competent authority.—
19. (1) A competent authority shall, for the purpose of holding any enquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (No. V of 1908), when trying a suit in respect of the following matters, namely:-
    • (a) summoning and enforcing the attendance of the person and examining him on oath;
    • (b) requiring the discovery and production of documents;
    • (c) any other matter which may be prescribed. 9. Procedure in appeals Procedure in appeals -
20. (1) An appeal preferred under section 9 of the Act shall be in writing, shall set forth concisely the grounds of objection to the order appealed against, and shall be accompanied by a copy of such order.
21. (2) On receipt of the appeal and after calling for and pursuing the record of the proceedings before the competent authority, the appellate officer shall appoint a time and place for the hearing of the appeal and shall give notice thereof to the competent authority against whose orders the appeal is preferred, to the appellant and to the head of Department or authority in administrative control of the premises. 10. Repeal Repeal - Madhya Pradesh Government Premises (Eviction) Act, 1952 (No. 16 of 1952) is hereby repealed: Provided that anything done or any action taken under the rules so repealed shall, unless such thing or action is inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.