The ARUNACHAL PRADESH PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 2003

160
THE ARUNACHAL PBADESH PUBLIC PREMISES (EVICTION OF
UNAUTHORISED OCCUPANTS) ACT, 2OO3
(ACT I\lO. 2 OF 2003)
AN
Short title,
exlent and
@mrnen@rrent.
ACT
to provide for eviction of unauthorised occupants
from public premises and matters connected
therewith.
Be it enacled by the Legisiative Assembly of
Arunachal Pradesh in the fifty fourth year ol the
Republic of lndia as lollows :-
1. (i) This Act may be called the Arunachal
Pradesh Public Premises (Eviction of
Unauthorised Occupants) Act, 2003.
(ii) It extends to the whole of the State ol
Arunachal Pradesh.
Definitions
(i!i) lt shall come into force on such date as
lhe State Government miy, by
notification in the official Gazette, appoint
and different dates may be appointed for
different areas and for different
provisions ol the Act-
2. ln this Act, unless lhe context otherwise
requires:-
(i) "Deputy Commissioner" means the
Deputy Commissioner in charge of a
District ;
(ir) "Estate Officer" means an Oflicer
appointed as such by the State
Governmenl under section 3 ;
(iii) "Premises" means any land orany building
or part of a builcling and includes :-
(a) the houses, gardens, grounds and
the building orpart ol a building ; and
(b) any littings affixed to such building
or part of a building for more
beneficial enjoyment thereof ;
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(iv) 'Public Premises" means any land
or sti'ucture belonging to :
(a) The state Government, and
(b) Any other Corporation or Public
Sector undertakings cvJned or
sponsored and controlled by the
State Government ;
(v) "Rent" in relation to any public
premises, means the consideration
payable periodically for the
authorized occupation of the
premises, and includes-
(a) any charge for electricity, water
or any other services in
connection with the occupation ol
the prernises ;
(b) any tax (by whatever name
called) payable in respect ol the
premises, where such charge or
tax, payable by the State
Government or the corporate
authority.
(vi) "State Government" means the State
Government of Arunachal Pradesh :
(vii) "Unauthorized Occupation", in
relation to any public premrses,
means the occupation by any person
ol the public premises without
authority for such occupation, and
includes the continuance in
occupation by any person ol the
public premises alter the authority
(whether by way of grant or any other
mode ol transfer) under which he was
allowed to occupy the premises has
expired or has been determined for
any reason whatsoever.
Appointment ol
Estate Otficers.
lssue of nolice
to show cause
against order of
eviction.
162
3. The State Govemment may, by noti{ication
in the official gazette :
(i) appoint such persons, being gazetted
otlicer of the Government, as it thinks fit,
to be Estate Officers lor the purposes ol
this Act ; and
(ii) def ine the local limits within which or the
categories of public premises in respect
of whlch, the Estate Officer shall exercise
the power conferred, and perform the
duties imposed, on Estale Otficers by or
under this Act.
4. (i) lf the Estate Otficer is ol opinion that any
person is in unauthorized occupation on any public
premises and that he should be evicted, the Estate
Otficer shall issue in the manner hereinafler provided
a notice in writing calling upon all persons concerned
to show cause why an order ol eviction should not
be made.
(ii) The notice shall-
(a) specifythe grounds on which the order
ol 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, il any, against the
proposed order on or belore such
date as is specified in the notice,
being a date not earlier than ten
days from the date issued thereof ;
and
(ii) to appear before the Estate Otficer
on the date specified in the notice
along with the evidence which they
intend to produce in support of lhe
cause shown and also for personal
hearing, if such hearing is desired.
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(iii) The Estate Officer shall cause lhe
notice lo be served by having it aflixed
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 lo have been
duly given to all persons concerned.
(iv) Where the Estate Otlicer known or has
reasons to believe that any person is
in occupation ol the public premises,
lhen without prejudice to the provisions
ol sub-section (iii) he shallcause a copy
ol lhe nolice lo be served on very such
person by post or by delivering or
tendering it to that person or in such
other manner as may be prescribed.
5. (i) ll, after considering the cause, if any,
shown by any person in pursuance of a notice under
seclion 4 and any evidence produced by him in
support of the same and after personal hearing, if
any, given under clause (b) o, sub-section (ii) of
section 4, the Estate officer is satisfied that the public
premises are in unauthorized occupation, the Estate
Olficer may make an order of eviction, for reasons
to be recorded therein, directing that the public
premises shall be vacated, on such dale as may be
specilied in the order, by all persons who may be in
occupation thereo, or any part thereof, and cause a
copy of the order to be atfixed on the outel door or
some other conspicuous part of the public premises.
(ii) lf any person refuses or fails to comply with
the order ol eviction on or before the date specified
in lhe said order or within tifteen days of its
publication under sub-section (i) whichever is later,
the Eslate Officerorany other ofticerduly authorized
by the Estate Officer in his behall may evict that
person lrom, and take possession of, the public
premises and, may, for that purpose, use such lorce
as may be necessary.
Eviction ol
unauthorized
occupanls.
L-
Powerto remove
unaulhorized
constructions etc.
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6. (i) No person shall
(a) erect or place or raise any building or
any movable or immovable slruclure or
fixture,
(b) display or spread any goods,
(c) bring or keep any cattle or other animals
on, or against or in front ol, any public
premises except in accordance with the
authority (whether by way of granl or any
other mode of transfeo under which he
was allowed lo occupy such premises.
(ii) Where any building or other immovable
structure or fixture has been erected, placed or raised
on any public premlses jn contravention o, the
provisions ol sub-section (i), the Estate Officer may
serve upon the pe;son erecting such building or other
structure or {ixture, a notice requiring him eithe|to
remove or to show cause why he shall not remove
such building or olher structure or fixture, from the
public premises within such period not being less
than seven days, as he may specity in the notice,
and on the omission or refusal of such person either
to show cause, or to remove such building or other
structures or.finures f rom the public premises, or
where the cause shown is not, in the opinion of the
Estate Off icer sufficienl, lhe Estate Otf icer may, by
order, remove or cause to be removed the building
or other structure or fixture trom the public premises
and recover the cost of such removalfrom the person
aforesaici as an arrear of land revenue
(iii) Where any movable structure or f ixlure has
been erected, placed or rajsed, or any goods have
been displayed or spread, or any cattle or other
animal has been brought or kept, on any public
premises, in contravention ol the provisions of sub-
section (i) by any person, the Estate Officer may, by
order, remove or caused to be removed without
notice such structure, fixture, goods, cattle or other
animals as the case may be, from the public
premises and recover the cost ol such removal from
such person as an arrear of land revenue.
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7. (i) Where lhe erection of any building or
execulion ol any work has been commenced, or is
being carried on, or has beefl completed, on any
public premises by any person in occupation ol such
premises under an authority (whethe:'by way ol grant
or any other mode of transfer), and such erection ol
building or execution of work is in contravention of,
or not authorized by such authority, then, the Estate
Otlicer may, in addition to any olher aciicn that may
be taken under this Act or in accordance with the
terms of the authority aforesaid may make an order
lor reasons to be recorded therein, direotino that such
erection or work shall be demolished by the person
at whose instance the erection ol work has been
commenced, or is being carried on, or has been
completed, within such period, as may be specilied
in the order :
Provided that no order under this sub-section
shall be made unless the person concerned has been
given, by means ol a notice of nol less than seven
days served in the prescribed manner, a reasonable
opportunity of showing cause why such order should
not be made.
(ia) Where the erection or work has not been
completed, the Estate Officer may, by the same
order or by a separate order, whether made at the
time of the issue ol the notice under the proviso to
sub-section (i) or al any other time, direcl the person
at whose instance the erection orthe work has been
commenced, or is being carried on, to stop the
erection or work until the expiry ol the period within
which an appeal against the order ot demolition, if
made may be preferred under section 12.
(iii) The Estate Officer shall cause every order
made under sub-section (i) or as the case may be
under sub-section (ii). to be aff;xed on the outer door,
or some other conspicuous part ol the public
premises.
(iv) Where no appeal has been preterred against
the order of demolition made by the Eslate Officer
under the sub-section (i) or where an order ol
Order ol de-
molition of
unauthorized
construction.
Power ol seal
unauthorized
constructions.
166
demolition made by the Estate Oflicer under that
sub-seclion has been confirmed on appeal where
with or without varialion, the person against whom
the order has been made shall comply with the order
within the period specified therein, or, as the case
may be, within the period, if any, fixed by the
appellate officer on appeal, and, on the failure ol
the person to comply with lhe order within such
period, the Eslate Olficer or any cther otficer duly
authorized by the Estate Officer in thas behalf , may
cause the erection or work to which the order relates
to be demolished.
(v) Where an erection or work has been
demolished, the Estate Officer may by order, require
the person concerned to pay the expenses of such
demolition within such time, and in such number of
instalments, as may be specified in the order.
8. (i) lt shall be lawful for the Estate Officer
at any time, before or after making an order of
demolition under section (7), to make an order
directing the sealing of such erection or work or of
the public premises in wh,ch such erection or work
has been completed in such manner as may be
prescribed, for the purpose of carrying out the
provisions of this Act, or tor preventing any dispute
as to the nalure and extent of such erection or work.
(ii) Where any erection or work or any premises
in which any erection or work is being carried on
has, or have been sealed the Eslate Oflicer, may,
forthe purpose ol demolishing such erection orwork
in accordance with the provisions ol this Act, order
such seal to be removed.
(iii) No person shall remove such seal except:
(a) under an order made by the Estate
Otficer under sub-section (ii), or
(b) under an order ol the appellate officer
made in an appeal under this Act.
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9. (i) Where any persons have bcen evicted
{rom any public premises under section 5 or where
any buiiding or other work has been dem6lished
under section 7, the Estate Ofticer may, after giving
fourteen days notice to the persons from whom
possession of the public premises has Deen taken
and after publishing the notice in at least one
newspaper having circulation in the locality, remove
or cause to be removed or disposed o{ by public
auction any property remaining on such premises.
(ii) Where any goods, materials, cattle or other
animals have been removed lrom any public
premises under section 6, the Estate Oflicer may,
after giving fourteen days, notice to the persons
owing such goods, materials cattle or other animals
and after publishing the notice in at least one
newspaper having circulation in the locality, dispose,
of, by public auction such goods, materials, cattle
or olher animals.
(iii) Notwithstanding anything contained in sub-
section (i) and (ii) the giving or publication of any
notice referred to lherein shall not be necessary in
respect ol any property which is subject to speedy
and natural decay, and the Estate Officer, may after
recording such evidence as he may think fit, cause
such property to be sold or otherwise disposed of in
such manner as he may think fit.
(iv) Where any property is sold under sub-section
(i), 1i.e sale proceeds thereo{ shall,.alter deductrng
the expenses of the sale and the amount, if any,
due to the State Governmenl or lhe corporation/
public sector undertaking on account of arrears ol
rent or damages or costs, be paid to such person or
persons as may appear to the Estate Officer to be
entitled lo the same :
Provided lhat where the Estate Off icer is unable
to decide as to the person or persons to whom the
balance ol the amount is payable or as to the
appointment of the same, he may reler such dispute
to the civil court of competenl jurisdiction and the
decision of the court lhereon shall be Iinal.
Disposal ol pro-
perty lelt on
public premises
by unauthoriz-
ed occupants
Pov/erto require
payrnent of rent
or damages in
respect of pubiic
premises
Power of Estate
Ofticer
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(v) The expression "costs" relerred to in sub-
section (iv) shall include the cost of removal
recoverable under section 6 and the cost of
demolition recoverable under section 7.
10. (i) Where any person, is in arrears ol rent
payable in respect ol any public premises, the Estate
Officer may, by order, require that person to pay the
same within such time and in such installments as
may be specilied in the order.
(ii) Where any person is, or has at any time
been in unauthorized occupalion of any public
premises, the Eslate Officer may, having regard to
such principles ol assessment of damages as rnay
be prescribed, assess the damages on account ot
the use and occupation ol such premises and may,
by order, require that person to pay the damages
within such time and in such installments as may be
specilied in the order.
(iii) While making an order under sub-section
(i) or sub-section (ii) the Estate Officer may direct
that the arrears of rent or;as the case may be,
damages shall be payable together with simple
interesl at such rates as may be prescribed not being
a rate exceeding the current rate ol interest within
the meaning o{ the lnterest Act, 1978.
(iv) No order under sub-section (i) or sub-
section (ii) 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 an order
should not be made and uniil his objectaons, if any,
and any evidence he may produce in suppbrt of the
same, have been considered by the Estate Otiicer.
'11 . An Estate Officer shall, for the purpose
ol holding any inquiry underthis Act, have the same
powers as are vested in a Civil Court under the Code
ot Civil Procedure, 1908 when trying a suit in respect
of the lollowing matters namely :-
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(i) summoning and enforcing the
attendance of any person and
examining him on oath ;
(ii) requiring the discovery and production
of documents ;
(iii) any other matter which may be
prescribed.
12. (i) An appeai shall lie from every order of
the Estate otficer made in respect ol any public
premises under seclion 5 or section 7 or section I
or section 10 to an appellate otlicer who shall be the
Deputy Commissioner ol the District in which the
public premises are situated.
(ii) An appeal under sub-section (j) shall be
preferred
(a) in the case of an appeal fromanorder
under section 5 within thiny days from
lhe date of publication of lhe order
under sub-section (i) of that section ;
(b) in the case of an appeallrom an order
under section 7 orsectionl0 within thirty
days from the date on which the order
is communicated to the appellant :
Provided that the appellate otficer
may entertain the appeal after the expiry
of the said period, if he is satisfied that
the appellant was prevented by
sufficient cause lrom {illing the appeal
in time ; and
(c) in the case ol an appeallrom an order
under section I within thirty days lrom
the date of such order ;
(iii) where an appeal is prelerred f rom an order
ol the Estate Ottice( the appellate oflicer may stay
the enlorcement of that order for such period and
on such conditions as he deems lit :
Appeals.
Finality of order.
Offences and
penalty.
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Provided that where the construction or erection
ol any building or other structure or lixlure or
execution of any other work was not completed on
the day on which an order was made under section
7 for the demolition or removal ol such building or
other structure or fixture, the appellate oflicer shall
not make any order lor the stay ol entorcement of
such order, unless such security, as may be sutficient
in the opinion otthe appellate officer, has been given
by the appellant for not proceeding with such
construction, erection or work pending the disposal
of the appeal.
(iv) Every appeal under this section shall be
disposed of by the appellate officer as expeditiously
as possible.
(v) The costs of any appeal under this section
shall be in the discretion ot the appellate otficer.
13. Save as olherwise expressly provided in
this Act, every order made by an Estate Officer or
appellate olficer 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 orto be taken
in pursuance of any power conlerred by or under
this Act.
14. (i) lf any person unlawfully occupies any
public premises, he shall be punishable with simple
imprisonment lor a term which may extend to six
months, or with fine which may extend to two
thousand rupees, or with both :
Provided thata person who, having been lalvfully
in occupation ol any public premises by virtue of
any authority (whether by way ol grant, allotment or
by any other mode whatsoever) continues to be in
occupalion ol such premises afler such aulhority as
ceased to be valid, shall not be guilty o, such oftence.
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(ii) lf any person who has been evicted from
any public premises undet this Act again occupies
the premises without authority lor such Jccupation,
he shall be punishable with imprisonment tor a term
which may extend to one year or with fine which
may extend to live thousand rupees or with both.
(iii) Any Magistrate convicting a person
under sub-section (ii) may make an order for evicting
lhat 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.
15. The Code of Criminal Procedure, I 973
shall apply to an otfence under section 14 as if it
were a congnizable offence
(i) Ior the purposes ol investigation ol such
offence, and
(ji) lor the purposes of matters, other than (l)
matters relerred to in section 42 of that Code, and
(2) arrest of a person except on the complaint or, or
upon inlormation recejved from a Gazetted Otficer
as may be appointed by the state government in
the case of an otfence in relation to the public
premises specified in sub-seclion (iv) ol Section 2
ol the Act.
16. ll the Estate Officer has reason to believe
that any persons are in unaulhorized occupation of
any public premises, the Estate Officer or any other
Officer authorized by him in this behall, may require
those persons or any other persons to Iurnish
intormation relating to the names and other
particulars of the persons in occupation of public
premises and every person so required shall be
bound to lurnish the inrormation in his possession.
17. (i) Where any person against whom any
proceeding lor the determination of arrears of renl
or for the assessment of damages or for the
determination ol the amount payable by way of
interest on such arrears of rent or damages is to be
or has been taken dies beforethe proceeding is taken
or during the pendency thereof, the proceeding may
Otfences under
section 14 to be
cognizable.
Powerto obtain
inlormation.
Liability of heirs
and legal
representatives.
Recovery of
rent, etc. as an
arrear of land
revenue.
Bar ol
jurisdication
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be taken or, as the case may be, continued against
the heirs or iegal representatives of that person.
(ii) Where any person from whom any cost of
removal of any building or other structure or fixture
or, as the case may be, any goods, cattle or other
animals is to be recovered under sub-section (ii) or
sub-section (iii) of section 6, or any expenses of
demolition are to be recovered under sub-section
(v) of section 7, dies before any proceeding js taken
for the recovery ol such cost or during the pendency
thereof, the proceeding may be taken or, as the case
may be, continued againsl the heirs or legal
representatives of that person.
(iil) Any amount due to the state government
or the corporalion lrom any person whether by way
ol arrears ol rent or damages or costs lor removal
referred to in section 6 or expenses ol demolition
referred to in section 7 or interest rererred to in sub-
section (iii) o, section 10 or any other cost shall,
after the death of the person, be payable by his heirs
or legal representatives but their Iiability shall be
limited to the extent of the assets of the deceased
in their hands.
'18. lf any person refuses or fails to pay the
expenses of demolition payable under sub-section
(v) c{ sect:Dn 7 or the arrears o, renl payable under
sub-section (i) ol section 10 or rhe damages payable
under sub-section (ii) or the interest determined
under sub-seclion (iii) of that section or the costs
awarded to the state government or the corporation
under sub-section (v) ol section 12 or axy portion ol
such renl, damages, expenses, interesl or costs
within the time, if any, specilied thereof , in the orCer
relating thereto, the Estate Otlicer may issue a
certificate for the amount due to lhe Deputy
Commissioner, who shall proceed to recover the
same as an arrear of land revenue.
19. No court shall have jurisdiction to entertain
any suit or proceeding in respect of-
(i) the eviction of any person who is in
unauthorized occupation of any public premises, or
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(ii) the removal ot any building, structure or
Iixture or goods, cattle or olher animals lrom any
public premises under Section 6, or
(iii) the demolition ol any building or other
structure made or ordered to be made under Section
7,ot
(iv) the sealing ol any ereclion or work or of
any public premises under Section 8, or
(v) the arrears ol rent payable under sub-
section (i) of section .10 or damages payable under
sub-section (ii) or interesl payable under sub-section
(iii) ol that section, or
(vi) the recovery of -(a) costs ol removal ol any building
structure or fixture or goods, cattle or
other animals under Section 6, or
(b) expenses of demolition under Section
Z, or
(c) cosls awarded to the state government
or corporation under sub-section (v) ol
Section 12 ; or
(d) any porlion ol such rent, damages,
costs of removal, expenses of
demolition orcosts awarded to the stale
government or the corporation.
20. No suit, prosecution or other legal
proceeding shall lie against the State Government
or the appellate oflicer or the Estate Officer in respect
o, anything which is in good raith done or intended
to be done in pursuance of this Act or of any rules or
orders made thereunder.
21 . The State Government may, by notification
in the Official Gazette, direct that any power
exercisable by it under this Act shall, subject to such
conditions, if any, as may be specilied in the
notilication, be exercisable also by an oflicer of the
State Government.
Protection of
action taken in
good faith
Delegalion of
powers.
Power to make
rules.
174
22. (i) The Slate Government may, by
notilicalion in the official Gazette, make rules lor
carrying out the purposes ol this Act.
(ii) ln particulars, and without prejudice to the
generalily ol the loregoing powers such rules may
provide for all or any of the following matters namely :-
(a) the lorm ol any notice required or
authorized to be given under this Act and
in the manner in which it may be served ;
(b) the holding ol inquires under this Act :
(c) the distribution and allocation of work to
Estate Otficers and the lransfer ol any
proceeding pending before and Estate
Oflicer to another Estate Otf icer ;
(d) the procedure to be followed in taking
possession ol public premiseS ;
(e) the manner in which damages lor
unauthorized occupation may be assessed
and the principles which may be taken into
account in assessing such damages ;
(l) the rate at which interest shall be payable
on arrears of rent specified in any order
made under sub-section (i) of section 10,
or damages assessed under sub-section
(ii) of that section ;
(g) the manner in which the sealing ot any
ereclion or work ol any public premises
shall be made under sub-section (i) oI
section I ;
(h) the manner in which appeals may be
preferred and the procedure to be lollowed
in appeals ;
(i) any other matter which has to be or may
be prescribed.
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23. Anything done or any action laken under
The Publii Premises (Eviction ot Unauthorized
Occupants) Act, 1971 (Central Act) shall be deemed
lo have been done or taken under this Act.

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