The Gujarat Public Premises (Eviction of Unathorised Occupants) Act, 1972

Short title, extent and commencement.—

1. (1) This Act may be called the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.—In this Act, unless the context otherwise requires,—

1. (a) “corporate authority” means—
   • (i) any local authority which is a body corporate;
   • (ii) 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 State Government or any company which is a subsidiary (within the meaning of that Act) of the first mentioned company;
   • (iii) any corporation (not being a local authority) established by or under a Central or State Act and owned or controlled by the State Government;
2. (b) “estate officer” means an officer appointed as such by the State Government under section 3;
3. (c) “premises” means any land or any building or part of a building and includes,—
   • (i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building, and
   • (ii) any fittings affixed to such building or any part of such building for the more beneficial enjoyment thereof;
4. (d) “prescribed” means prescribed by rules made under this Act;
5. (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 local authority;
   • (ii) any corporate authority;
   • (iii) any University established by or under any law for the time being in force in the State;
6. (f) “rent” in relation to any public premises, means the consideration payable periodically for the authorised occupation of 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 the corporate authority;
7. (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.

Appointment of competent officers

1. (1) The State Government may, by notification in the Official Gazette, appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be the competent officers for the purposes of this Act.
2. (2) The State Government may, by notification in the Official Gazette, define the local limits within which, or the categories of public premises in respect of which, the competent officers shall exercise the powers conferred, and perform the duties imposed, on them by or under this Act.

Issue of notice to show cause against order of eviction

1. (1) If the competent officer is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the competent 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. (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 is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises 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. (3) The competent officer 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 in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned.

Eviction of unauthorised occupants.—

1. (1) If the competent authority is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the competent authority 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. (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 is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises, 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. (3) The competent authority shall cause the notice to be served by being affixed—
   • (a) on the outer door or some other conspicuous part of the public premises, and
   • (b) in such other manner as may be prescribed, whereby the notice is made known to all persons concerned.
4. (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), he 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. (5) If, after considering the cause, if any, shown by any person in pursuance of a notice under this section and any evidence, he may produce in support of the same and after giving him a reasonable opportunity of being heard, the competent authority is satisfied that the public premises are in unauthorised occupation, the competent authority may make an order of eviction, for reasons to be recorded therein, directing that the public premises 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 affixed on the outer door or some other conspicuous part of the public premises.
6. (6) 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 (5), the competent authority or any other officer duly authorised by the competent authority in this behalf may evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary.

Disposal of property left on public premises by unauthorised occupants.—

1. (1) Where any persons have been evicted from any public premises under section 5, the competent authority may, after giving fourteen days’ notice to the person who was in occupation or was in charge of the premises and after publishing the notice in at least two newspapers having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises.
2. (2) Where any property is sold under sub-section (1), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the State Government or a corporate authority on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the competent authority to be entitled to the same: Provided that where the competent authority is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and the decision of the court thereon shall be final.

Power to require payment of rent or damages in respect of public premises.—(1) Where any person is in arrears of rent payable in respect of any public premises, the competent 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.

1. (2) Where any person is, or has at any time been, in unauthorised occupation of any public premises, the competent officer 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.
2. (3) No order under sub-section
3. (1) or sub-section
4. (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 officer.

Powers of competent officers.—An officer authorised by the State Government under section 3 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 (V of 1908), when trying a suit in respect of the following matters, namely:—

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of documents;
3. (c) any other matter which may be prescribed.

Appeals.

1. (1) An appeal shall lie from every order of the competent officer made in respect of any public premises under section 5 or section 7 to an appellate officer who shall be the District Judge of the district in which the public premises are situate or such other judicial officer in that district of not less than ten years' standing as the District Judge may designate in this behalf.
2. (2) An appeal under sub-section
3. (1) shall be preferred,—
   • (a) in the case of an appeal from an order under section 5, within ten days from the date of the publication of the order under sub-section
4. (1) of that section; and
   • (b) in the case of an appeal from an order under section 7, within ten days from the date on which the order is communicated to the appellant: Provided that the appellate officer may entertain the appeal after the expiry of the said period of ten days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
5. (3) Where an appeal is preferred from an order of the competent officer, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit.
6. (4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.
7. (5) The costs of any appeal under this section shall be in the discretion of the appellate officer.

Finality of orders. Save as otherwise expressly provided in this Act, every order made by a competent officer or appellate officer under this Act shall be final and shall not be called in question in any original 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.

Offences and penalty

1. (1) If any person who has been evicted from any public premises under this Act again occupies the premises 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 five thousand rupees, or with both.
2. (2) The magistrate convicting a person under sub-section
3. (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.

Power to obtain information If the competent officer has reason to believe that any person is in unauthorised occupation of any public premises, the competent officer or any other officer authorised by him in this behalf may require those persons or any other person to furnish information relating to the names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information in his possession.

Liability of heirs and legal representatives.

1. (1) Where any person against whom any proceeding for the eviction of any unauthorised occupant or for the recovery of any damages in respect of any unauthorised occupation of any public premises is to be or has been taken, 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. (2) Any amount due to the State Government or, as the case may be, the corporate authority from any person whether by way of damages or otherwise in respect of any unauthorised occupation of any public premises shall be payable by the heirs or legal representatives of that person and shall be recoverable out of the estate of the deceased person in the hands of his heirs or legal representatives.

Recovery of rent, etc., as an arrear of land revenue. If any person refuses or fails to pay the damages payable under sub-section

1. (1) of section 7 or the rent payable under the agreement referred to in section 4 or the damages or costs awarded to the State Government or the corporate authority under this Act, within the time specified in the order in respect of the payment thereof, the estate officer may issue a certificate for the amount due to the Collector who shall proceed to recover the same as an arrear of land revenue.

Bar of jurisdiction. No court shall have jurisdiction to entertain any suit or proceeding in respect of—

1. (a) the eviction of any person who is in unauthorised occupation of any public premises;
2. (b) the removal of any building, structure or fixture or goods, cattle or other animal from any public premises under this Act;
3. (c) the demolition of any building or other structure made, or ordered to be made, under section 5B;
4. (d) the sealing of any erection or work or of any public premises under section 5C;
5. (e) the recovery of arrears of rent or damages or costs payable to the estate officer or the State Government;
6. (f) the refusal to issue or renewal or the cancellation of a lease or licence of any public premises.

Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the State Government or the estate officer or the appellate officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

Power of State Government to call for record.

1. (1) The State Government may, at any time, before the expiry of sixty days from the date of any order made by the appellate officer under this Act, call for the record of the proceeding in which the order was made and after examining the record, may pass such order as it thinks fit.
2. (2) No order which prejudicially affects any person shall be passed under this section without giving that person a reasonable opportunity of being heard.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing powers, 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 any inquiry under this Act;
   • (c) the procedure to be followed in taking possession of public premises;
   • (d) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages;
   • (e) the rate at which damages under sub-section
3. (2) of section 7 shall be calculated;
   • (f) the manner in which appeals may be preferred and the procedure to be followed in appeals;
   • (g) any other matter which has to be, or may be, prescribed.
4. (3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication.
5. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

Repeal and saving.

1. (1) The Bombay Government Premises (Eviction) Act, 1955 (Bom. II of 1956) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any rules, orders, notifications or notices made or issued) under the Act hereby repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.