The Andhra Pradesh Government Lands and Buildings (Termination of Leases) Act, 1986.

THE ANDHRA PRADESH GOVERNMENT LANDS AND BUILDINGS (TERMINATION OF
LEASES) ACT, 1986.
Act No. 18 of 1986
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Termination of leases
4. Eviction from demised premises
5. Manner of Eviction from demised premises in certain cases
6. Solatium payable to the lessee
7. Punishment for disobeying eviction order
8. Offence by companies
9. Savings
10. Bar of jurisdiction
11. Act to override other laws
12. Power to make rules
THE ANDHRA PRADESH GOVERNMENT LANDS AND BUILDINGS (TERMINATION OF
LEASES) ACT, 1986.
Act No. 18 of 1986
[25th July, 1986]
AN ACT TO PROVIDE FOR THE DETERMINATION OF LEASES
RELATING TO LANDS AND BUILDINGS BELONGING TO GOVERNMENT
AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Whereas certain buildings and lands belonging to the Government have
been leased out to private parties for long periods;
And whereas due to increasing developmental activities there has been a
phenomenal expansion of Government offices and establishment;
           And whereas the Government have been finding it extremely difficult to
secure land and buildings for public purposes due to acute shortage of lands
and buildings;
And whereas the Government have been forced to take private
accommodation at exorbitant rents for public purposes;
         And whereas in the circumstances, it is considered expedient to empower
the Government to terminate the existing leases of lands and buildings and
resume them wherever any such land or building is required for public
purpose;
          Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in Thirty seventh Year of the Republic of India as follows:
1.  Short title, extent and commencement: - (1) This Act may be called
the Andhra Pradesh Government Lands and Buildings (Termination of Leases)
Act, 1986.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may by
notification in the Andhra Pradesh Gazette appoint.
2.  Definitions: - In this Act, unless the context otherwise requires:
(a)"appointed date" means a date appointed under sub-section (3) of Section 1:
(b)"demised premises" means any land or building belonging to the
Government which has been leased out to any person or in respect of
which there is any arrangement with any person;
(c)"estate officer" means an officer appointed as such under Section 3 of the
Andhra Pradesh Public Premises (Eviction of Unauthorised Occupants)
Act, 1968;
(d)"Government" means the State Government of Andhra Pradesh;
(e)"notification" means a notification published in the Andhra Pradesh
Gazette;
(f) "person"  includes a firm or a branch thereof, a body corporate or a
branch thereof or an association or a joint Hindu family or a Company;
(g)"prescribed" means prescribed by rules made under the Act.
3. Termination of leases: - Notwithstanding anything contained in the Indian
Contract Act, 1872 and the Transfer of Property Act, 1882, it shall be lawful for
the Government to terminate any lease or other arrangements entered into or
made before or after the appointed date between the Government and any
person, in respect of any demised premises, where any such demised premises
is required for a public purpose, after giving such period of notice and in such
manner as may be prescribed to such person and thereupon the rights and
liabilities as between the parties to the lease or other arrangement shall cease
and determine; but any amount due to the Government from the aforesaid
person under the lease or other arrangement so terminated shall be recovered
as an arrear of land revenue.
4. Eviction from demised premises: - Where a lease or other arrangement
with regard to a demised premises stands terminated under Section 3, the
person in occupation of such premises shall within such period as may be
prescribed not exceeding one hundred and eighty days, vacate the demised
premises and deliver possession thereof to the Estate Officer if it is a building,
and to the Mandal Revenue Officer in whose jurisdiction the land is situated if
it is a land.
5. Manner of Eviction from demised premises in certain cases: - (1) Where
any person fails or refuses to vacate and deliver possession of the demised
premises under Section 4, the Estate Officer in case of a building, and the
Mandal Revenue Officer in case of a building, and the Mandal Revenue Officer
in case of a land shall serve an order of eviction in the manner prescribed on
the person in occupation of the demised premises or on his agent requiring him
to vacate and deliver possession thereof within such time as may be specified
in such order and after the receipt of such order the person in occupation of
the demised premises shall vacate the same and deliver possession thereof to
the Estate Officer or as the case may be to the Mandal Revenue Officer within
such time as may be specified in such order.
(2) Where the person in occupation of the demised premises fails to
vacate the premises within the time specified in sub-section (1) the Estate
Officer, or as the case may be the Mandal Revenue Officer, may take
possession of the demised premises from the person in occupation thereof and
where any such officer is resisted in the exercise of such power or discharge of
such duty, the Magistrate having jurisdiction shall, on a written requisition
from such officer, direct any police officer not below the rank of a Sub-
Inspector to render such help as may be necessary to enable the officer to
exercise such power or discharge such duty.
(3) Where the demised premises is a building of which possession is to be
taken under this Act and the same is found locked, the Estate Officer may
either cause the premises sealed or in the presence of two or more witnesses
break or cause it to be taken open by its door, gate or other barriers and enter
the premises:
Provided that:
(a)no entry shall be made into or possession taken of a building before
sunrise or after sunset;
(b) where any building is forced open an inventory of the articles found in
the premises shall be taken in the presence of two or more witnesses.
6. Solatium payable to the lessee: - (1) Where a lease is terminated under
Section 3 the Government shall pay to the lessee an amount of solatium.
(a)equivalent to four months rent for every year of unexpired period of lease
where such unexpired is five years or less; or
(b) equivalent to three months rent for every year of unexpired period of
lease where such unexpired period is more than five years but does not
exceed ten years subject to a minimum amount equivalent to twenty
months' rent; or
(c) equivalent to two months rent for every year of unexpired period of lease
where such unexpired period is more than ten years subject to a
minimum amount equivalent to thirty months’ rent.
Explanation:- For the purpose of computation of the years of unexpired
period of lease under this sub-section any period not exceeding six months
shall be ignored and any period exceeding six months shall be computed as
one year.
(2) The amount payable under sub-section (1) shall be paid to the lessee
in such manner and within such time as may be prescribed.
7. Punishment for disobeying eviction order:- Without prejudice to any
action that may be taken under Section 5, any person continuing in occupation
of a demised premises after the expiry of the period specified in the order of
eviction, shall be punishable with imprisonment of either description which
may extend to one year or with fine which may extend to one thousand rupees
or with both.
8. Offence by companies:- (1) Where an offence against any of the provisions
of this Act or any rule made thereunder has been committed by a company,
every person, who at the time the offence was committed was in charge of, and
was responsible to the company for the conduct of business of the company, as
well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment, if he proves that the offence was
committed without his knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything in sub-section (1) where any such offence
has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect
on the part of, any director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation:- For the purpose of this section,
(a)"company" means any body corporate and includes a firm, a society or
other association of individuals, and
(b)"director" in relation to
(i) a firm, means a partner in the firm;
(ii) a society or other association of individuals means the person who
is entrusted, under the rules of the society or other association, with
the management of the affairs of the society or other association as
the case may be.
9. Savings: - (1) No suit, prosecution or other legal proceedings shall lie
against any person for anything which is in good faith done or intended to be
so done in pursuance of this Act or the rules made thereunder.
(2) No suit or other legal proceedings shall lie against the Government for
any damage caused or likely to be caused or any injury suffered or likely to be
suffered by virtue of the provisions of this Act or by anything which is in good
faith done or intended to be so done in pursuance of this Act or the rules made
thereunder.
10. Bar of jurisdiction:- No Court shall have jurisdiction to entertain any suit
or proceeding in respect of an eviction order served under Section 5 on any
person who is in unauthorised occupation of any demised premises or the
recovery of the amounts under Section 3.
11. Act to override other laws:- The provisions of this Act and the rules made
thereunder shall have effect, notwithstanding anything inconsistent therewith
in any other law for the time being in force, or any custom, usage or
agreement, or decree or order of a Court, tribunal or other authority.
12. Power to make rules:- (1) The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made, be
laid before the Legislative Assembly of the State if it is in session and if it is not
in session, in the session immediately following for a total period of fourteen
days which may be comprised in one session or in two successive sessions, and
if before the expiration of the session in which it is so laid or the session
immediately following, the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from the
date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled, 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.

‹ Prev All Andhra Pradesh acts Next ›