The Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972

PUBLIC PREMISES AND LAND (EVICTION & RENT RECOVERY)

ACT, 1972/1973 APPLICABLE TO PUNJAB AND HARYANA

[Received the assent of the Pesident of India on the 29th June" 1973, and was first published for general information in the Punjab Government Gazette (Extraordinary), dated the 6th July, 1973].

An Act to provide for the eviction of unauthorized occupants from public premises and for certain incidental matters.

Be it enacted by the Legislatures. of ,Haryana/Punjab in the [Twenty-third]1 [Twenty-fourth]2 Year of the Republic of India as follows :-

(1) This Act may be called the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972. (2) It extends to the whole of the State of Haryana. (3) It shall be deemed to have come into force on the 10th day of August, 1959, except Sections 11, 18, and 19 which shall come into force at once.

In this Act, unless the context otherwise requires,— (a) "Collector" means the collector of the district and includes any other officer appointed by the state Government for performing the functions of Collector under this Act; (b) "Estate" has the meaning assigned to it in the Punjab Land Revenue Act, 1887; (c) "premises" means any land, whether used for agricultural or non-agricultural purposes, or 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 the building; and (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; (d) "prescribed" means 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, Requisitioning and Acquisition of Immovable property Act, 1954, and includes any premises belonging to any local authority, District Soldiers and Airman’s Board, as any University established by law. (f) "rent" in relation to any public premises, means the consideration payable periodically for the authorized 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. In this Act, unless the context otherwise requires, "common purposes land" means the land reserved for the common purposes of a village under Section 18 of the East Punjab Holdings(Consolidation and Prevention of Fragmentation )Act, 1948, the management and control whereof vests in the State Government or the Gram Panchayat under Section 23-A if the aforesaid Act.

For the purposes of this Act, a person shall be deemed to be in unauthorised occupation of any public premises— (a) where he has, whether before or after the commencement of this Act entered into possession thereof otherwise than under and in pursuance of any allotment lease or grant; or , (b) where he, being an allottee, lessee or grantee, has, by reason of the determination or cancellation of his allotment, lease or grant in accordance with the terms in that behalf therein contained, ceased, whether before or after the commencement of this Act, to be entitled to occupy or hold such public premises; or (c) where any person authorised to occupy any public premises has, whether before or after the commencement of this Act,- (i) sub-let, in contravention of the terms of allotment, lease or grant, without the permission of the State Government or of any other authority competent to permit such sub-letting, the whole or any part of such public premises; or (ii) otherwise acted in contravention of any of the terns, express or implied, under which he is authorised to occupy such public premises. Explanation.—For the purpose of clause (a), a person shall not merely by reason of the fact that he has paid any, rent be deemed to have entered into possion as allottee, lessee or grantee. Notwithstanding anything contained in any law for the time being in force, the provisions of the Haryana Public Premises and Land (Eviction and Rent Recovery ) Act, 1972, shall apply to common purposes land which shall be deemed to be public premises for the purpose of the said Act.

(1) If the Collector is of opinion that any persons are in unauthorised occupation of any public premises situate, within his jurisdiction and they should be evicted, the collector shall issue in the manner hereinafter provided a notice in writing calling upon all person concerned, to show cause why an order of eviction should not be made. (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) The Collector shall cause the notice to be affixed on the outer door or some other conspicuous part of the public premises or the estate. in which the public premises are situate, and in such other manner as may be prescribed whereupon the notice shall be deemed to have been duly given to all persons concerned. (4) Where the Collector 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 tending it to that person in such other manner as may be prescribed. (1) Where the person on whom a notice under sub-section (1) of section 4, or sub-section (1) of section 6 of the Act is to be found, a copy of such notice shall, in addition to any other manner of service specified in the Act, be affixed in a conspicuous part of the last known place of business of such person in the presence of two witnesses preferably of the locality in which the public premises are situated or be delivered to some adult member of his family. (2) The Collector may also cause the contents of any notice proclaimed in the locality by beat of drum.

(1) If, after considering the cause if any, show by any person in pursuance of a notice under Section 4 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Collector is satisfied that the public premises are in unauthorised occupation, the Collector 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 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 or of the estate in which the public premises are situate. (2) If any person refuse or fails to comply with the order of eviction within thirty days of its publication under sub-section (1), the Collector or any other officer duly authorised by him in this behalf may evict that person form and take possession of the public and may, for that purpose, use such force as may be necessary. (1) If any obstruction is offered, or is in the opinion of the Collecter likely to be offered, to the taking possession of any public premises under the Act, the Collactor or any other officer duly authorised by him in this behalf may obtain necessary police assistance. (2) Where any public premises of which possession is to be taken under the Act is found locked, the Collector or any officer duly authorised by him in this behalf may either seal the premises or in the presence of two witnesses preferably of the locality in which the public premises are situated in Hr. break open the locks or open or cause to be opened any door, gate or other barrier and enter the premises: Provided that- (1)(a) no entry shall be made into, or possession taken of a public premises before sunrise or after sunset; (2)(b) where any public premises is forced open an inventory of the articles found in the premises shall be prepared in the presence of two witnesses preferably of the locality in which the public premises is saturated in Hr. only.

(1) Where any persons have been evicted from any public premise under Section 5, the Collector may, after giving fourteen days notice to the persons from whom possession of the public premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or sell by public auction any property remaining on such premises. (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 the authority on account of arrears of rent or damages or costs be paid to such person or persons as may appear to the Collector to be entitled to the same : Provided that where the Collector 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 limit. In asessing damages for unauthorised use and occupation of any public premises, the Collector shall take into consideration the following matters, namely: (a) the purpose and the period for which the public premises were in un-authorised occupation; (b) the nature, size and standard of the accommodation available in such premises; (c) the rent that would have been realised if the premises had been let on rent for the period of unauthorised occupation to private person; (e) any other matter relevant for the purpose of assessing damages.

(1) Where any person is in arrears of rent payable in respect of any public premises, the Collector may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order. (2) Where any person is, or has at any time been in unauthorised occupation of any public premises the Collector 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. (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 by 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 Collector. COMMENTARY 1. For authorised occupation of public premises or land no recovery of rent can be made under Section 7 of the Act, 1975 PLJ 204. 2. Power of Collector and Assistant Collector to evict-Authority under the Act statutory provision are ultravires. 1982 ALL INDIA LAND LAWS REPORTER 210, GRAM PANCHAYAT VILLAGE KAILA BANDAR VS. COMMISSIONER PTL. DIVISION PATIALA. 3. Lessee of the Panchayat cannot avail of the special procedure :- The provisions of Section 7 of the Punjab village Common Land (Regulations) Act, 1969 are meant to safeguard the interest of panchayats and to put them into possession, the Panchayat may take action under Section 7, but the person in possession if dispossessed by a third person cannot resort to the provisions of Section 7, 1964 Cur. LJ 375-66 PLR 959. 4. Power to get back possession, when the premises transferred.- Where the premises are transferred by way of a sale then the provisions of Section 7 cannot be resorted to get the possession back. ILR 1965(1) Pb. 245 5. Giving notice of a period less than prescribed by law.-Where notice of a period less than that prescribed by law is given than the notice is not bad. AIR 1963 Pb. 290 6. Requirement to give show cause notice is mandatory.- The person against whom proceeding are taken should be given notice and the ground on which it is proposed to take action should be communicated-Where the grounds are not disclosed then the order Cannot be sustained. 1962 PLR 977. 7. Default in appearance; Its effect.-Where the Panchayat does not appear then the petition can be dismissed in default by the Collector-Collector however has inherent powers to restore the petition dismissed in default. 1968 PLR 163. 8. Petition for ejectment and recovery of rents.-A petition for recovery of rent would for maintainable even if the prayer for recovery of possession is held to be ultravires. It was held that the petition for arrears of rent Would still be maintainable as otherwise Section 10 will preclude the Panchayat from establishing its title in a court of law. AIR 1968 Pb. 163. 9. Special remedy, provision are not ultravires.- The procedure for getting possession provided under section 7 is not ultra vires because it is essential to have a speedy remedy- In this connection the observation made by the Supreme Court in the case of M. Chagan Lal v. Greater Bombay Municipality, AIR 1974 SC 2009 may be seen. In this case the earliest decision of the Supreme Court in Northern India Caterers (Pvt.) Ltd. v. state of Punjab, AIR 1967 SC 1381 was held to be bad law and was over ruled. It was observed as under:-"where a statute providing for a more drastic procedure different from the ordinary procedure covers the whole field covered by ordinary procedure, as in Anwar AliSakar's case, AIR 1952 SC 75 and Suraj MallMohtaj case, AIR 1954 SC545 without any guidelines as to the class of cases in which either procedure is to be resorted to the statute will be hit by Article 14. Even there as mentioned in Suraj Mall Mohtaj's case, a provision for appeal may cure the defect. Further in such case if from the preamble and surrounding circumstances, as well as the 12 provisions of the statute themselves explained and appeal filed by affidavits, necessary, guidelines could be inferred as in Saurashtra case AIR 1855 sc 123 and Jyoti Parshad's case. AIR 1961 SC 1962 the statute will not be hit by Article 14. Then again where the statute itself covers only a class as in Haldal case, AIR 1953 SC 404 the statute will not be bad. The fact that in such case the executive will choose which cases are to be tried under the special procedure will not effect the validity to the statute, Therefore, the content on that the mere availability of two procedures will vitite one of them, that is the special procedure, is not supported by reason of authority. The further observations made that the act is not bad because two remedies have been provided was considered and rejected with these observations :"merely because one procedure provides the forum of a civil court while the other provides the forum of an administrative tribunal, if cannot be said that the latter is necessarily more drastic and onerous. To attract the inhibition of Article 14 there must be substantial and qualitative differences between the two procedures so that one is really and substantially more drastic and prejudicial. Superfine differences are bound to exist when two procedures are prescribed. 10. Officer issuing notice is not party to the lis- Merely because a notice is issued by the estate officer, it cannot be said that he is a party to the lis and that there is violation of the principle of natural justice, AIR 1967 Delhi 86, See also ILR 1961 Bom. 671 Bom. 671 Bom AIR 1970 Punjab 407. 11. Rent includes license fee.- A licence fee included in the deninition of rent and can be legitimately recovered a arrears of land revenu. 67 P.L.R. 1120. 12. Opportunity should be given.- An action taken without giving show cause notice cannot be sustained. Wirenetting stores v. Delhi Development Authority. 1966. 3 SCC 415. 13. Revision under Section 115 C.P.C against the order of appellate-authority.- Where an appeal lies to District Judge against the order of viction then no revision can be entertained under section 115 of the Code of Civil procedure. AIR 1966 MP 7, See also 1969 Punjab 304 and AIR 1972 Tripura 1 . 14. Power of civil court to decide question of title.- Where it is claimed that the premises in question are owned by a person then the civil courts can go into the question of title. The civil courts is not precluded from deciding such a question. 1968 All. L.J. 493. 15. Cancellation of lease.- Where lease is cancelled or is varied then it has to be accompanied by payment of compensation. This is so provided in section 10 (a) of the Act. Mansha Singh v Commissioner, Ambala Division, AIR 1974 PLR 21. 16. Tenancy cannot be terminated by passing a mere resolution- The Gram Panchayat has to establish that the tenant has contrav ned any of the terms of the grant. The Gram Panchayat cannot by passing a mere resolution terminate a tenancy which has been lawfully consituted. 1974 PLR 21. 17. Power of resumption.- Once land is given to a person on grant loan the same cannot be resumption proceedings initiated by the authorities under the Public Premises (Eviction of Occupants Act), 1971 are not maintainable. 1972 Rent C R. 718. 18. Agricultural and Included in the definition of premises:- The Permises would include even agricultural land. See AIR 1972 SC 2205, AIR 1964 Pb, 304. 19. Possession when becomes unauthorised.-- The possession would become anauthorised after the expiry of notice-AIR 1968 Cal. 1. But where a person transfers his possession to another then the occupation would become unauthorised from the date of transfer and not from the date of Issue of notice. 1965 (69) Cal.W.N. 1035. 20. Appointment of office.- where powers' are conferred on a person by virtue of his office then the appointment would be by reason of Section 15 of the General Clauses Act 1897, AIR 1964 Tripura 9 21. Private knowledge on the part of the authority eviction.- The fact that the authority ordering eviction has personal knowledge in respect of the question whether the premises have been occupied in an unauthorised manner or not would not vitiate the final order. AIR 1964 Delhi 86. 22. Notice should specify the premises correctly.- The description of the premises should be correctly given in the notice otherwise the proceedings would be bad.-This defect cannot be cured at a stage. AIR 1964 Tripura 9. 23. Recovery of time barred rent.- The provision of section 7 merely create a remedy and does not confer a new right.- Thus a time barred rent cannot be recovered. 1965 PLR 1190. 24. Appellate authority should give a regular hearing.- The appellate authority is supposed to give a regular hearing. AIR 1961 Pb. 98. 25. Additional evidence can be taken in appeal.- There is nothing in law which prevents the appellate authority from recording additional evidence in appeal. AIR 1962 Patna 476. 26. Second Appeal not competent.- The right of second appeal has been taken away both in states of the Punjab and Haryana by amendments made by both the States, 1976 PLR 388 . 27. Year means Calender Year.- Where the lease of Panchayat land is granted for one year. the term 'Year' would mean a Calender year. Hardev Singh vs. Executive Magistrate, 1976 PLR 35. 28. Possession of land without payment of rent.- A person in possession of land of Panchayat without paying any rent is not a tenant-Hazara Singh v. B.S. Malik 1967 Cur. LJ 137. Sec also Darbara Singh v. State 1976 PLJ 47. 29. Person paying lease money but not taking possession.-A person paying instalment of lease money but not taking possession of the land is not a lessee. Karta Ram v. state 1956 PLR 1143. 30. Person entered as Gair Morosi is not a tenant.- A person who is entered in Khasra Girdawri as Gair Marosi is not a tenant unless some other evidence is brought on the record to suggest otherwise. ILR 1967 Punjab 846. 31. Payment of arrears of Rent after the decree of eviction, is no reason to get an ad interim stay against eviction-Action does not give a tenant a status of holdingover-As for rent arrears, these had to be paid-Civil Procedure Code 1908, O. 39, Rr 1 and 2-1992 (1) ALL INDIA LAND LAWS REPORTER_134 32 ss. 4 and 7-Respondent No.3 who has been granted eviction of tenant by the lower Court, is not shown in the record of rights as owner of the land-Presumption of truth is attached to record of rights- Order of eviction quashed. 1992(1)ALL INDIALAND LAWS REPORTER239 . 33.-Sections 4 and 7- Occupant is prayed to be evicted by Gram Panchayat after expiry of Jamabandi entries in the record of rights-Land does not vest in the Gram Panchayat-Impugned order of the lower Courts cannot be sustained-Order of eviction quashed-1991 (1) ALL INDIA LAND LAWS. REPORTER 508. 34.-Section 7-Municipality maintains a record of the property belonging to it- No such record produced-Questions Of ownership of public premises cannot be decided in summary trial under writ jurisdiction of India Art. 226 and 227. 1992. (1) All INDIA LAND LAWS" REPORTER 238 35. The conclusion arrived at by the prescribed authority that a Sarpanch of the Gram Panchayat is not a tenant cannot be interfered with under Article 226 of the Constitution. This is a question basically one of fact and would not be interfered with under Article 226. Mahan Singh v. Resident Magistrate 1965 Cur. LJ 37, 1965 PLR 161. --Section 7-Expiry of term of lease-Gram Panchayat can dispossess by taking action U/S. 7 or under any other provision of law available to them 1998 (1)All INDIA LAND LAVVS REPORTER 609. Section 7-Limitation Act, 1963-Articles 112 and 113-Petitioner denies having been in possession of public premises and further resents the recovery of rent as time barred-Once it is held that petitioner remained in occupation of Government land, he cannot resist the recovery of rent/damages as barred by limitation--As held in 1983(1) ALL INDIA LAND LAWS REPORTER 572, Limitation was 30 years under Article 117-Article 113 would not be applicable; Gajjan Singh v. State of Punjab; 1997(2) All INDIA LAND LAWS REPORTER (P&H) 121. Ss. 7 and 10-On expiry of tenure of service an employee of the L.I.C. was I required to vacate the Premises owned and possessed by L.I.C. -Old not-Clause shown by respondent-employee did not appeal to the L.I .C . and hence an order of eviction-Unsuccessfully challenged before the City Civil court and was not entertained, by the appellate court-In writ jurisdiction the respondent whereas could not demolish the grounds of eviction, clung to plea of despair that in case he went to Small Cause Court, in view of S.10 of the Act; his possession during the pendency of the suit would not remain protected-High Court ordered (i) matte may be taken up before a court of competent authority and (ii) directed the orders of the Estate Officer to be stayed for that period L.I.C. is in appeal-Apex Court held (i) Respondent would gave an undertaking to Vacate the premises within 6 months, quantum of rent and damage to be sympathetically decided by L.I.C. (ii) Retiral dues to be cleared within two months, to enable respondent to seek alternative accommodation; Life Insurance Corporation of India V. Shiva. Prasad Tripathi ; 1996(1) ALL INDIA LAND LAWS REPORTER (SUPREME COURT) 533. (1) Where any person on whom a notice or order under the Act, has been served, desires to be heard through his representative, he should authorise such representative in writing. (2) The Collector shall record the summary of the evidence produced before him. The summary of such evidence and any relevant documents filed before him shall form part of the records of the proceedings.

The collector shall, for the purpose of holding an enquiry under this Act, have the same power as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matter, namely :- (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. (2) On receipt of the appeal and after calling for and perusing the record of the proceedings before the Collector, the appellate officer shall fix in Hr. a time and place for the hearing of the appeal and shall give notice thereof to the Collector against whose orders the appeal is preferred and to the appellant.

(1) An appeal shall lie from every of Collector made in respect of any public premises under Section 5 or Section 7 to the Commissioner. (2) An appeal under Sub-section (1) shall be preferred- (a) in the case of an appeal from an order under section 5, within thirty days from the date of puplication of the order under sub-section (1) of that section; and (b) in the case of an appeal from an order under section 7, within thirty days from the days on which the order is communicated to the appellant: Provided that the commissioner may entertain the appeal after the expiry of the said period of thirty days if he satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) Where an appeal is preferred from an order of the Collector, the Commissioner may stay the enforcement of that order for such period and on such conditions as he deems fit. (4) Every appeal under this section shall be disposed of by the Commissioner as expeditiously as possible. (5) The costs of any appeal under this section shall be in the discretion of the Commissioner. The Punjab Public Premises and Land (Eviction and Rent Recovery) Rules, 1959, are hereby repealed.

Save as otherwise expressly provided in this Act, every order made by the Collector or Commissioner 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.

(1) If any person who has been evicted from any public premises under this Act again oocupies the premises without authority for such occupation he shall (on conviction by an Executive Magistrate-in Pb. only) be punishable with imprisonment for a term which may extend to one year or with fine Which may extend to one thousand rupees, or with both. (2) Any Executive Magistrate convicting a person under sub-section (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.

(1) If the Collector has reason to believe that any persons are in unauthorised occupation of any public premises, the Collector or any other officer authorised by him in this behalf may require those persons or any other person to furnish information relating to 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 of possession!

(1) Where any person against whom any proceeding for the determination of arrears of rent or for the assessment of damages is to be ,or has been taken dies before the proceeding is taken or during the pendency thereof. The (-in Hr.) (Iegal- in Pb.) proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person. (2) Any amount due to the State Government or the (local -in Hr.) (corporate -in Pb.) authorised from any person whether by way of rent or damages or costs shall, after the death of the persons" be payable by his heirs or legal representatives but their liability shall be limited to the extent of the-assets of the deceased in their hands.

If any person refuses or fails to pay the arrears of rent payable under sub-section (1) or Section 7 or the damages payable under sub-section (2) of sub-section or the costs awarded to the State Government or the (local-in Hr.) (corporate -in Pb.) authority under sub-section (5) of Section 9 or any portion of such rent, damages or costs, within the time, if any, specified therefore in the order relating thereto, the Collector shall proceed to recover the amount due as arrears of land revenue.

No court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person Who in unauthorised occupation of any public premises or the recovery of the arrears of rent payable under sub-section (1) of Section 7 or the damages payable under sub-section (2) of that section other costs awarded to the State Government, or the (local, in Hr.) (corporate -in Pb.) authority under sub-section (5) of Section 09 or any portion of such rent, damages or costs.

No suit, prosecution or other legal proceeding shall lie against the State Government or the (Local-in Hr.) (corporate -in Pb.)authority or the Commissioner or the Collector in respect of any-thing which is in good faith done or intended to be done in pursuance of this Act of any rules or orders made thereunder.

(1) The-state Government may, by notification, make rules for carrying out the purpose of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, 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 enquiries under this Act; (c) the procedure to be followed in taking possession of public premises; (d) the manner in which damages .for unauthorised occupation be assessed and the principles which may be taken into account in assessing such damages; (e) the manner in which appeals may be preferred and the procedure to be followed in appeals; (f) any other matter which has to be or may be prescribed. (3) Every rule made under section shall be laid as soon as may be, after it is made, before the (House of the-in Hr.) State Legislature while it is in session for a total period of ten days which .may be comprised in one session or in two or more successive session, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made the rule shall thereafter have effect only In such modified form or be of no effect, as the case may be; so ,however, that any ,such modification- or annulment shall be without prejudice to the validity of anything previously done under that rule.

The punjab Public Premises and Land (Eviction and Rent Re-covery }.Act,1959, is hereby repealed:

Notwithstanding any judgment, decree or order of any court, anything done or any action (including or orders made notice issued, eviction ordered, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959( (hereinafter in this section referred to as the 1959 Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act which, under sub-section (3) of section 1 shall be deemed to have come into force on the (10th day of August 1959-in Hry.) (27th day of November,1959, in Pb.) and accordingly- _ (a) no suit or other legal proceeding shall maintained or continued in any court .for the refund of any rent or damages or cost recovered under the 1959 Act where such refund has been claimed .merely on the ground that said Act has been declared to be unconstitutional and void; and . (b) no court shall enforce decree or order directing the refund of any rent or damages or costs recovered under the 1959 Act merely on the ground the said Act has been declared to be unconstitutional and void.

office then the appointment would be valid by reason of Section 15 of the General Clauses. Act1897, AIR 1964 Tripura 9

The fact that the authority ordering eviction has personal knowledge in respect of the question whether the premises have been occupied in an unauthorised manner or not would not vitiate the final order.

Notice should specify the premises correctly.- The description of the premises

should be correctly given in the notice otherwise the proceedings would be bad.-This defect cannot be cured at a stage.

Rocovery of time barred rent.- The provision of section 7 merely create a

remedy and does not confer a new right.- Thus a time barred rent cannot be recovered. 1965 PLR 1190.

AIR 1961 Pb. 98.

There is nothing in law which prevents the appellate authority from recording additional evidence in appeal. AIR 1962 Patna 476 .

.

The right of second appeal has been taken away both in states of the Punjab and Haryana by amendments made by both the States, 1976 PLR 388 .

Where the lease of Panchayat land is granted for one year. then the term 'Year' would mean a Calender year. Hardev Singh vs.

Possession of land without payment of rent.- A person in possession of land of

Panchayat without paying any rent is not a tenant-Hazara Singh v. B.S. Malik 1967 Cur. LJ137. Sec also Darbara Singh v.

Person paying lease money but not taking possession.-A person paying

instalment of lease money but not taking possession of the land is not a lessee. Karta Ram v. state 1956 PLR 1143.

Khasra Girdawri as Gair Marsoi is not a tenant unless some other evidence is brought on the record to suggest otherwise.

Payment of arrears of Rent after the decree of eviction, is no reason to get an ad

interim stay against eviction-Action does not give a tenant a status of holdingover-As for rent arrears, these had to be paid-Civil Procedure Code 1908, O. 39, Rr 1 and 2-1992 (1) ALL INDIA LAND LAWS REPORTER_134

32 ss. 4 and 7-Respondent No.3 who has been granted eviction of tenant by the lower

Court, is not shown in the record of rights as owner of the land-Presumption .

16 Public permises and Land (Eviction & Rent Recovery) Act SECTION- 7 and 8 of truth is attached to record of rights- Order of eviction quashed.

1992(1)ALL INDIALAND LAWS REPORTER239 .

33.-Sections 4 and 7- Occupant is prayed to be evicted by Gram Panchayat after expiry of

Jamabandi entries in the record of rights-Land does not vest in the Gram Panchayat-Impugned order of the lower Courts cannot be sustained-Order of eviction quashed-1991 (1) All INDIA LAND LAWS. REPORTER 508 •.

34.-Section 7-Municipality maintains a record of the property belonging to it- No such record

produced-Questions Of ownership of puplic premises cannot be decided in summary trial under writ jurisdiction-Constitution of India Art. 226 and 227. 1992. (1) All INDIA LAND LAWS" REPORTER 238

Panchayat is not a tenant canno.t be interfered with under Article 226 of the Constitution. This is a question basically one of fact and would not be interferred with under Article 226. Mahan Singh v. Resident Magistrate 1965 Cur. LJ 37, 1965 PLR 161.

--Section 7-Expiry of term of lease-Gram Panchayat can dispossess by taking action U/S. 7 or under any other provision of law available to them 1998 (1)All INDIA LAND LAVVS REPORTER 609.

Section 7-Limitation Act, 1963-Articles112 and 113-Petitioner denies having. been in ossession of public premises and further resents the recovery of rent as time barred-Once it is held that petitioner remained in occupation of Government land, he cannot resist the recovery Of rent/damages as barred by limitation--As held in 1983(1) ALL INDIA LAND LAWS REPORTER 572, Limitation was 30 years under Article 117--Article 113 would not be applicable; Gajjan Singh v. State of Punjab; 1997(2) All INDIA LAND LAWS REPORTER (P&H) 121.

Ss. 7 and 10-On expiry of tenure of service an employee of the L.I.C. was I required to vacate the Premises owned and possessed by L.I.C. -Old not-Clause shown by respondent-employee did not appeal to the L.I. C .and hence an order of eviction-Unsuccessfully challenged before the City Civil court and was not entertained, by the appellate court-ln writ jurisdiction the respondent whereas could not demolish the grounds of eviction, clung to plea of despair that in case he went to Small Cause Court, in view of S.10 of the Act; his possession during the pendency of the suit would not remain protected-High Court ordered (i) matte may be taken up before a court of competent authority and (ii) directed the orders of the Estate Officer to be stayed for that period L.I.C. is in appeal-Apex Court held (i) Respondent would gave an undertaking to Vacate the premises within 6 months, quantum of rent and damage to be sympathetically decided by L.I.C. (ii) Retiral dues to be cleared within two months, to enable respondent to seek alternative accommodation; Life Insurance Corporation of lndia V. Shiva. Prasad Tripathi ;

1996(1) ALL INDIA LAND LAWS REPORTER (SUPREME COURT) 533.

. FOR PUNJAB AND HARYANA .

8. POWER OF COLLECTOR :- The collector shall, for the purpose of holding an enquiry under this Act, have the same power as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matter, namely :-

Public Permises and Land (Eviction & Rent Recovery) Act . 17 SECTION-9 to 11

1. (a) summorning and enforcing the attend of any person and examining him on oath : .
2. (b) requiring the discovery and production of doccument :
3. (c) any other matter which may be prescribed. FOR PUNJAB AND HARYANA 9. APPEALS :-(1) An appeal shall lie from every of Collector made in respect of any public premises under Section 5 or Section 7 to the Commissioner. (2) An appeal under Sub-section (1) shall be preferred-
4. (a) in the case of an appeal from an order under section 5, within thirty days from the date of puplication of the order under sub-section (1) of that section; and
5. (b) in the case of an appeal from an order under section 7, within thirty days from the days on which the order is communicated to the appellant: Provided that the commissioner may entertain the appeal after the expiry of the said period of thirty days if he satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

1. (3) Where an appeal is preferred from an order of the Collector, the Commissioner may stay the enforcement of that order for such period and on such conditions as he deems fit.
2. (4) Every appeal under this section shall be disposed of by the Commissioner as expeditiously as possible .
3. (5) The costs of any appeal under this section shall be in the discretion of the Commissioner. COMMENTARY S. 9-Grounds-Occupantof Municipal shop did not appear on notice.-Evicted by exparte order by Collector on grounds of unauthorised possession and non payment of rent-Appeal before Commissioner contending an attorney had been engaged who had failed to appear-dismissed In limine on above grounds-Question in dispute is could the commissioner dismiss the appeal without issuing notice to the Collector-High Court appeal could not be dismissed on merits because of non compliance of the said rules-Case remanded to Commissioner for decision. 1991(2) ALL INDIA LAND LAWS REPORTER438. FOR PUNJAB AND HARYANA .10. FINALITY OF ORDER.-Save as otherwise expressly provided in this Act, every order made by the Collector or Commissioner 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. COMMENTARY -Section 1 order passed by Commissioner under Section 9-Revision be fore Financial commissioner not maintainable-Order of Commissioner is final . 1986(1)ALL INDIA LAND LAWS REPORTER 111. FOR PUNJAB AND HAYRANA 11. OFFENCES AND PENALTY :--(1) If any person who has been evicted from any public premises under this Act again oocupies the premises without authority for such occupation he shall (on conviction by an Executive Magistrate-in Pb. only) be punishable with imprisonment for a term which may extend to one year or with fine 18 Public Permises and Land (Eviction & Rent Recovery) Act SECTION- 11 and 16 Which may extend to one thousand rupees, or with both.
4. (2) Any Executive Magistrate convicting a person under sub-section (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. ' FOR PUNJAB AND HARYANA 12. POWER TO OBTAIN INFORMATION :-(1) If the Collector has reason to believe that any persons are in unauthorised occupation of any public premises, the Collector or any other officer authorised by him in this behalf may require those persons or any other person to furnish information relating to 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 of possession! FOR PUNJAB AND HARYANA 13. LIABILITY OF HEIRS AND LEGAL REPRESENTATIVES.-Where any person against whom any proceeding for the determination of arrears of rent or for the assessment of damages is to be ,or has been taken dies before the proceeding is taken or during the pendency therof. The (-in Hr.) (Iegal- in Pb.) proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person.
5. (2) Any amount due to the State Government or the (local -in Hr.) (corporate -in Pb.) authorised from any person whether by way of rent or damages or costs shall, after the death of the persons" be payable by his heirs or legal representatives but their liability shall be limited to the extent of the-assets of the deceased in their hands. FOR PUNJAB AND HARYANA, . 14. RECOVERY OF RENT ETC. AS ARREARS OF LAND REVENUE.-If any person refuses or fails to pay the arrears of rent payable under sub-section (1) or Section 7 or the damages payable under sub-section (2) of sub-section or the costs awarded to the State Government or the (local-in Hr.) (corporate -in Pb.) authority under sub-section (5) of Section 9 or any portion of such rent, damages or costs, within the time, if any, specified therefore in the order relating thereto, the Collector shall proceed to recover the amount due as arrears of land revenue. . FOR PUNJAB AND HARYANA 15. BAR OF JURISDICTION.-No court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person Who in unauthorised occupation of any public premises or the recovery of the arrears of rent payable under sub-section (1) of Section 7 or the damages payable under subsection (2) of that section other costs awarded to the State Government, or the (local-in, Hr.) (corporate -in Pb.) authority under sub-section (5) of Section 09 or any portion of such rent, damages or costs. FOR PUNJAB AND HARYANA 16. PROTECTION OF ACTION TAKEN IN GOOD FAITH.-:No suit, prosecution or other legal proceeding shall lie against the State Government or the (Local-in Hr.) (corporate -in Pb)authority or the Commissioner or the Collector in respect of any-thing which is in good faith done or intended to be done in pursuance of this Act of any rules or orders made thereunder. Public Permises and Land (Eviction & Rent Recovery) Act 19 SECTION- 17and 18 . FOR PUNJAB AND HARYANA 17. POWER TO MAKE RULES.-(1) The-state Government may, by notification, make rules for carrying out the purpose of this Act.
6. (2) In particular, and without prejudice to the generality of the foregoing power, 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 enquiries 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 manner in which appeals may be preferred and the procedure to be followed in appeals;
   • (f) any other matter which has to be or may be prescribed.
7. (3) Every rule made under section shall be laid as soon as may be, after it is made, before the (House of the-in Hr.) State Legislature while it is in session for a total period of ten days which .may be comprised in one session or in two or more successive session, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made the rule shall thereafter have effect only In such modified form or be of no effect, as the case may be; so ,however, that any ,such modificationor annulment shall be without prejudice to the validity of anything previously done under that rule. FOR PUNJAB AND HARYANA 18. REPEAL.- The punjab Public Premises and Land (Eviction and Rent Re-covery}.Act,1959, is hereby repealed: FOR PUNJAB AND HARYANA . 19. VALIDATION.- Notwithstanding any judgment, decree or order of any court, anything done or any action (including or orders made notice issued, eviction ordered, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959( (hereinafter in this section referred to as the 1959 Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act which, under sub-section (3) of section 1 shall be deemed to have come into force on the (10th day of August 1959-in Hry.) (27th day of November,1959, in Pb.) and accordingly- _
   • (a) no suit or other legal proceeding shall maintained or continued in any court .for the refund of any rent or damages or cost recovered under the 1959 Act where such refund has been claimed .merely on the ground that said Act has been declared to be unconstitutional and void; and . (b) no court shall enforce decree or order directing the refund of any rent or damages or costs recovered under the 1959 Act merely on the ground the said Act has been declared to be unconstitutional and void. THE PUNJAB/HARYANA PUBLIC PREMISES AND LAND EVICTION,AND RENT RECOVERY) RULES, 1974/1973 1. SHORT TITLE.-These rules may be called the Punjab/Haryana Public Premises and Land (Eviction and Rent Recovery) Rules [1974-in Pb.}, [1973 in Hr.]. 2. DEFINITIONS-In these rules[ . ............unless the context otherwise re- quires ..........•. in Pb. Only]. (a) "Act means the Punjab/Haryana Public Premises and Land (Eviction and Rent recovery) Act,1973/72. (b) "Form" means a form appended to these rules; (c)Words and expressions used but not defined in these rules shall have the meaning, if any, assigned to them in the Act. 3. FORM OF NOTICES AND ORDERS. [Section 17(2)(a)--. in Pb.], [Section 7 -n Hr.] A notice or order under the Act shall be in one of the appropriate Forms appended to these rules. Rule 4 as in Punjab 14. MANNER OF SERVICE OF NOTICES .--. (1) In addition to any mode of service specified in the Act, a notice issued under sub-section (1)of Section 4 Of sub-section (1 ) of Section 6 or sub-section (3)- of on 7 of the Act shall be served by delivering or tendering a copy of the notice to the person for whom it is intended or to any adult member of his family, or by sending it by registered post in a letter addressed to that person at his usual or last known place of residence or business.
8. (2) Where the copy of the notice under sub-rule(1) is delivered or tendered the signature of the person to whom the copy is so delivered or tendered shall be obtained in token of acknowledgement of the service.
9. (3) In respect of a notice issued under sub-section (1) of Section 6 or subsection (3) of Section 7 of the Act, where the person or the adult member of the family of such person refuses to sign the acknowledgement, or where such person cannot be found after using all due and reasonable diligence - and there is no adult member of the family of such person, a copy of the notice shall be affixed on the outer door or some other conspicuous part of that ordinary residence or usual place of business of such person and the original notice shall be returned to the Collector who issued the notice with a reportendorsed thereon or annexed thereto stating that copy has been so affixed the circumstances under which it was so done and the name and address of the person, if any, by whom the ordinary residence or usual place of business was identified and in whosepresence the copy was affixed.
10. (4) If a notice issued under sub-section (1) of Section 4 and sub-section (3) of Section 7 of the Act cannot be served in the manner provided in sub-rule (1), the Collector may, if he thinks fit, direct such notice shall also be published in at least Public Permises and.Land (Eviction & Rent Recovery) Rules 21 RULES -4 one newspaper having circulation in the locality and he may also proclaim the contents of any notice in the locality by beat of drum.] (Substituted by FG notn. No. GSR 122/PA. 31/73 Amd (1)/76 dated 5-10-6,] Rule 4 as in Haryana 4. MANNER OF SERVICES OF NOTICE [SECTIONS 4 AND 6].-(1) Where the person on whom a notice under sub-section (1) of section 4, or sub-section (1) of section 6 of the Act is to be found, a copy of such notice shall, in addition to any other manner of service specified in the Act, be affixed in a conspicuous part of the last known place of business of such person [in the presence of two witnesses preferably of the locality in which the public premises are situated] or be delivered to some adult member of his family. [(2) The Collector may also cause the contents of any notice proclaimed in the locality by beat of drum] . Rule 6 of Punjab and rule 5 of Haryana 6/5. Manner of taking possessions of public premises: [Sections 5 (2) &, 17(2)(e)-in Pb.] Section 5 (2)in Hr. if any obstruction is offered, or is in the opinion of the Collecter likely to be offered, to the taking possession of any public premises under the Act, the Collactor or any other officer duly authorised by him in this behalf may obtain necessary police assistance.
11. (2) Where any public premises of which possession is to be taken under the Act is found locked, the Collector or any [1] officer duly authorised by him in this behalf may either seal the premises or in the presence of two [independent-in Pb.] witnesses [preferably of the locality in which the public premises are situated-in Hr.] break open the locks or open or cause to be opened any door, gate or other barrier and enter the premises : Provided that- (1)(a) no entry shall be made into, or possession taken of a public premises before sunrise or after sunset; (2)(b) where any public premises is forced open an inventory of the articles found in the premises shall be prepared in the presence of two [independent-in Pb]] witnesses [preferably of the locality in which the public premises is satuated-in Hr. only]. Rule 7 of Punjab and Rule 6 of Haryana 7.6. Assessment of damages [Section 7 & 17 (2)(d)-Pb.] [Section 7]. In asessing damages for unauthorised use and occupation of any public premises, the Collector shall take into consideration the following matters, namely:
    • (a) the purpose and the period for which the public premises, the Collector shall take into consideration the following matters, namely:
    • (a) the purpose and the period for which the public premises were in un-authorised occupation;
    • (b) the nature, size [location--in Pb.] [Inserted by ibid] and standard of the accommodation available in such premises;
    • (c) the rent that would have been realised if the premises had been let on rent for the period of unauthorised occupation to private person; (e) any other matter relevant for the purpose of assessing damages. 22 (Pb.)Public Permises and.Land (Eviction & Rent Recovery) Rules FORM- 7,,8 and 9 Rule 5 of Punjab and Rule 7 of Haryana 5.7. Holding of inquiries [Sectlon.17(2)(d)-in Pb.] [Section 8-in Hr.] (1) Where any person on whom a notice or order under the Act, has been served, desires to be heard through his representative, he should authorise such representative in writing
12. (2) The Collector shall record the summary of the evidence [tendered-in Pb,] [produced in Hr.] before him. The summary of such evidence and any relevant documents filed before him shall form part of the records of the proceedings. 8. Procedure in appeal, [Sections 9 and 17(2)(a)-in Pb.] [S.11(2)(e)-in Hr.] (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.
13. (2) On receipt of the appeal .and after calling for and perusing the record of the proceedings before the Collector, the appellate officer shall (appoint-in Pb.] [fix-in Hr.] a time and place for the hearing of the appeal and shall give notice thereof to the Collector against whose orders the appeal is preferred and to the appellant. '. 9. Repeal.- The Punjab Public Premises and Land (Eviction and Rent Recovery) Rules, 1959, are hereby repealed. Form A Form of notice under sub-section (1) of Section 4 of the Punjab/Hr. Public Premises and Land (Eviction and Rent Recovery) Act, [1973/1972]. To Shri/Shrimati/Kumari . [son/daughter of-in Hr.] .....(Address-in Hr.] ........ ..... Whereas I, the undersigned, am of opinion, on the grounds specified below, that you are in unauthorised occupation of the public premises mentioned in the Schedule below and that you should be evicted from the said premises:- GROUNDS Now, therefore, in pursuance of sub-section (1) of Section 4 of the Act, I hereby call upon you to show cause on or before the ****

Date ..................... Signature and seal of the Collector 26 Pb.) Public Permises and Land (Eviction & Red Recovery) RULES 1974 FORM- F and G FORM F(As in Haryana Rules) Notice under sub-section (3) of Section 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1972. To Shri/Shrimati/Kumari ..... son/wife/daughter of……….. Address ...........................•............ Whereas I, the undersigned, am satisfied that you are/were in occupation/ unauthorised occupation (Strike off portion not required) of the public premises mentioned in. the Schedule below:- And, whereas in exercise of the pow.ers conferred at me by sub-section (1) of Section 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act. 1972. I consider that the arrears of rent per mensum/per annun are due from you for the period from….to… And whereas in exercise of the powers conferred at me by sub-section(2) of Section 7 of the Punjab Public Premises and land (Eviction and Rent Recovery) Act. 1972. I consider the damages amounting to Rs. ..... at the rate of Rs……. Per mensem/ per annum have been caused on account of unauthorised use and occupation of the said premises for the period from…to ...... Now, therefore. under the provisions of sub-section (3) of Section 7 of the Act,I hereby call upon you to show cause on or before the .....why an order requiring you to pay the said arrears of rent damages [Strike off portion not required) should not be made.