LexThe Assam Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Assam · state statute
Open in Lexace · Ask the AI about this act,.
THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 27, 1976 605 ·
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The · 23rd October · l!J76
Ne;LJL.Sll/7t/37.-TJaefeliowi91 ·Act ef du~ .Assam- LcJislalliv•
Assembly waich reecived the assent of . the· Oevernor is llerolty pu1>foihc4
for ccaeral information. ,
ASSAM ACT XX• OF 197' .
(lleeeived the assent of the Governo.r oa the 19t1t day of Octe~er 191')
THE ASSAM PUBLIC PREMISES (EVICTION OF UNAUTHO-
RISED OCCUPANTS) ACT, 1971 •
An
Act
to provide an eftctive machinery for eviction of persons i.a
' un~uthorised occupation of Public Premises and
certain incid~tal matter .s connected therewith,
Pretaabie• Whereas it is exped~ent to provide by law an
. effective tnachinery for eviction of persons in un
authorised occupat ion of. Pnblic Prem ises and
certain incidental matters connected th~rewit~;
lt is hereby ana,cted in the .Twenty-S -econd Year
of . the RepubLc of India as follows :-:-. I 1 ~
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Shart title, 1 1. (1) This Act may be ca;lled the Assam Public
•xteat and Premises (Eviction of Unauthorised Occupants) commenee-aea t. Act, 1971. · ·
(2) TtJextends to the whole qf the State of
Assam .
(3) It comes into force o~ sue~ da~e as the St~te•
Gov ernment may, by' notJficat1on m Jbe official
Gazette, specify in this ' behalf and difllerent dates
may be specified for different . areas and for ,dif
fere11t purposes .of th!.~ Act .. i--
:9euhieas 2. In this· Act unless the context otherwise
Tequires :-
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.. (a) " Colle~tor" means any officer who Centra~Act
exerc ises the powers o.f a collector I or ·1194
~nder the l1and A~quision Act , 1894;
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606 THE ASSAM G~ZETTE, EXTRAORDINARY, 9CT. 27, 1976 _______ ,___ ________ ------------- · ·-
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"Estate Officer" · means an Offket
·appointed as such . by ·the State Go
vernment under Section 3 oI this Act;
(c) "Public Prem ises" means ·any premises
belpnging . to, or taken on' lease, hir1e or
requisitioned by or on , befalf of .the
State Govern ment; the Assam State
EU1ectr:city Board , · tpe Assam State
Road Transport Corporation or · any
Public sector · undertaking owned or
sponsored by the State Qovernment;
(d) ' Premjses" means any land · or any
building or part of a building and in
cludes,-
(i) the' garden, grounds and out houses ,
if. any, . appertaining to such buil- ' '
ding or part of a building; and
(ii) any fittings affixed to such buil
ding or part of a building for the
more beneficial .enjoyment there
of;
(e) ~prescribed" means prescribed by .rules
made und er thfs Act ; ·
(f)· "rent" in relation to any public pre
mises , m eans the consideration .payable
• per jodicailly for ·thle authorised occu
pation of the premises , and includes:_:_
· (i) any cha,rge for electricity, water 'o:r
· a~y · otper serv ices in · connectioq '
· w~th the occupation of the' pre-
1n 1ses, • ·
(ii): any tax (by\yhatever name called)
payable in respect of the premises .
' where such chargle pr ta~ is pay
able by the State Government· - '
(g) . "State Government" means the State
Goviernment o_f As&am; - ·
(h) "unauthqrised occupation" in rela.tioh
to any public premises means the·
occu~ation 1?Y any person of the public
· prenuse.s w1thqut authority for such
· occupation and includes . the conti
nuance in .07cupation; by any person
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THE ASSAM GAZETTE EXTRAORDIN.AiRY, OCl'. 27, 1976 I p07 • ·-
of the 'public , premises after the autho
rity unde,r wh:ch he was allowed to
occupy the premises- has expiried or has ..,
been determined for any reason
whatsoever.
Appoint· 3. The State Government may, by notification
~ent of · ;n t.he official Gazettie :-Es t~te
()fficers.
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(a) ·appoint such persons, · being Gazetted
Officers of Government, as it thinks fit
. to .9e estate offio~rs for the purposes of
this Act, and 1 · . · .
(b) ·aefine the Jocal lim:t.s within which, or
the cat1egories of oub~ic premises in
respect of which, each estat!e officer
shall 'exerc :se the ·powers conferred, '
and performed the duties imposed, on
estate officers by or under this Act.
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~ 4. (1) •If the estate officer is of opinion that any . ,. ·
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o~ e cau~e person 4n unaµthorised occupation of any public
against premis es and that he .should be evicted, the estate
order ef officer shali issue in the manner hereina,fter: pro-e viction.
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vided a notice in writing calling upon the piersons
conc ern ed to show. cause why an .order · of eviction
should not be mpde. '
(2) The notice shall-
..,. (a) specify'the .grounds on 'which the order '
of ev:c;tion is ._groposed to .be ,made; and ·
(b) require all persons concerhed, that is
to say , all persons · who aiie, or may be;
in occupation of, or · cla:im interest in
lhe p_ublic pre!J1ises, to show cause, if
any, against the proposed · order on or .
befoiie such dat,e as i.s specified :j.n the
notice, being ··a date not earlier than .
ten days from the ' dat1e of .issue thereof;
. (3) The est(!te officer shall caUse the notice to
be S12,..ved by having affixed .on the outer door or
some other conspicuous part of the ·public pre
mises, and in such other manner as may be pres
cr: bed, wherieupori the notice shall be deemed to
·· have · been duly given to all persons concern ied.
(4) Where the estalle officer knows or has rea
sons to believe that any pe.rson is in occupatfon of
·the pupli..c premises , th•en, -w:thoµt prejudice · to
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. 608 THE ASSAM GAZETTE EXTRAORDINARY, OCT. 27, . 1976
the provisions of sli'b-section "(3), he shall cause a
copy of the notice to be served on !every such per- ,
. son by post or' by delivering or tendering it to
·that person or in such other manner as may be
12rescribed. "'
Eviction !f ·5. (l) If, after considering the ca,use, if any.
:iauth:~- shown by . any pe:r;son ·in J?Ursua'nce of a notiee
paats. under sect10n 4 and any evidence he rp.ay pro.duce
· in support of the same and after giving hin'i'° ~ rea
sonable opportunity of being heard, the estate
officer is satisfied that the public premises are in
unauthorised occupatil~µ, the estate officer may,
on a date to be fix~d for the purpose, make an
·order of eviction, for reasons to be recorded
therein, directing 'that the · public premises shall
be vacated by al~ persons who may be in occupa
tion thereof or any part th~reof, and ~ause a copy
of the order to be affixed on the outer door or
sorpe other conspicuous part of the publie pre- ·
. ' mises. \
(2) If any person refuses 'or fails to comply
v.ith . the order of eviction within thirty days of
the date o_f its publ ication under sub-section (1),
the estate officer or any other · officer duly autho
rised by the estate -officer in this behalf may -evict
that person from ; and fake prosse~sion of, · the
public piiem ises and . may, for that purpose ; use
such force as may 'be nec essary. . . ~
Disr osaf of 6. (1) Where any person has been evicted from
property left any public premises under section 5,. the . estate
on .public officer may, after giving fourteen days' notice to
prernl!thes .by the person from whom prossession of ·the public
unau or1-. . h b k d ft bl' h' th se• occu· premises as elen ta en an a er pu J.s mg e
pants. not ice in at least one newspaper having circula-
tion in the )locality, remove or cause td be Iie
moved or . disposed of by public auction any pro
. p~rty remain '. ng on such prenrise _s.
(2) Where any-property is sold under · sub-sec:
tion (1), the sale proceeds shall ; after deducting
th1e expenses of the sale and the amount, if any
due to ,the State Government on account of
arr ears of rent or damages ; or costs , be paid to
such person or 'persons as may appear to the estat e
officer to' be e nt:tled to· the 'sam e : ·
ffi . '\ Provid eq that where the estate o der Is un- ·
able to decide as ·to the person or. persons · to
whom the balance of th,e amount is payable or as
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THE ASSAM GAZETTE EXTRAORDINARY, OCT. '27, 1~76 . 609
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to the apportionment of the same, he may refer
s_uch dispute to the Civil Court of competept ju
risdiction and the decision of the Court tl'iereon ·
shall be final.. ·'
Pgwer to 7. (1) Where any person is m . arrears of rent
r~vc;r roJtt payable in respect of any public . premises, the
:;!.a;:~:C ~state offi<.::er may , by order~ require--that 'person
p~ pre- to ·pay the same within such time and in \such
•iau. • mannier as may be specified ~n the order. ar.re.m .r .
laa.l reve-aue
(2) Where any person is, or has, at any time,
· . b~en in unauthorised occupat ion of any pubLic
premises, the estate offiaer may, having regard to
such principles of assessment of damages as II].ay
be prescri ~ed, assess thie damages on. account of
the use and occupation of such premises and may,
by order, require that person 'to pay thie damages
within such time and iz;i such manner as may be _
specifie~ in the order.
(3) No _order l\ndier sub-section (1) or sub-sec
tion (2) shall be made · against any person until
after the issue of a notice in writing to the person
.calling ui>on him to show cause W:ithin suah time ·
as may be specified in the ~notice why such order
- should not 'be made, .and until his objections, if
any, and ~ny evidence he may produce .in.support
of thie same, have been considered by the estate officer. ·
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Pewer of · 8. An .estate officer shall, for the _ purpose of
:tatc om- holding any inquiry under this Act, have the same
r. powers as are vested in a Civil Court under the .
Code of CivH Procedure, 19-08, when trying a suit Ceatra1 Act
in respect of the fQllowing matters, namely :~ 5 of 1981.
Apiteall
(a) summoning and enforcing the attendance
of any person · and examining h~m on oath;
(b) requiring the discovery ahd production of
. documents; and
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(<!) any other matter which may be prescril:led .
9. (1) An appeal shall lie from every order of.
the estate officer made in respect of any pubLlc
premises under section 5 or section 7 to an appel-
late officer who shall be thie collector . ·
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610 . THE ASS AM . GAZETTE EXTRAORDINARY, OcT: · in.1~76
. ~2)' An appeal . und:er sub.,.section . (1) shall be
preferred -
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i'inaJity of
orders.
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(a) in the case- of an appeail from .an order . ·
under ' section 5, within thirty days from
'fhe date of ' p_ ubli~ation of the order undei<
sub-sedion (1) bf that section; and
(b) ~ n the case of an appeal from an order under ·
sectio~ 7,' within thi~·ty pays f ~om the date
on which the order is communicated te the ·•
·appellant .:
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. Provided that the appella,te officer may ent1ertain
the appeal after the t;xpiry of the said period of
thirty days , if he _is . satisfied that' the appellant
was prevented by sufficient cause from filing the
appeal ,in time. . ' . '
• _(3) Where an aP,peal is p~eferred fro'm ;n order
of the estate officer, the a,pp~llate officer ma,y stay
the .enforcement of that .order for such period and 1 ·
on 'such condit ions as he deems -fit. ( . . . . . .
( 4) E:v~ry appeail unqer . this . secti9n -shall be
disposed of. by the appellate c;iffice1: as e~pedi-
t.iously as 1 pbss~ble . . · .,
(5) The cost Of any a:ppeal und er 'this section
shall be _in
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the discretion of the _$lppeilate \)ffieler.
I °" 10. Save as oth erwise expressly " ,provided ' in .
this Act eviery order made by an estate officer or .
appellate · officer · und~r tpis Act shall be fina1~ _ and
shall · not , be , called 'in . question in
any original. suit, ap.plication > or executive pro , .
. e<eeding and no in]:uriction ' shal! be gra:tyted by
any court or . other authority . in -respe ·ct of any
action taken or 'to be· taken · in pursuance of any
power conferre cj, by or under this A_ct. ·
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. Offentes . 11. (1) If any per.son . who · has been evicted
and penalty. from any publ ic. premises und~r this Act again
occupies the premises without authority .for such
occupatfon , he shall ·be punishable .with impr1ison
ment which may !extend to one year, or with fine.
which, may extend · to one thousand :' rupees, or
W1ith both .
(2) Any magistrat,e convicting - a person under
sub-section (1) may make an orde n for evicting
Jhat fjerson suIT).mari)ly and he shall be Liable to
. Sil ch eyi ction witho.ut · prejµdic~ to any action .
:that may; be taken against him under this Act.
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THE ASSAM GAZETTE. EXTRAORDINARY. 'ocT. 27. 1976 611
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. Powe; to 12 If the estate officer . has Iieasons to believe ,.
· obt~in infor- that ·arty person is in unauthorised occupation of .
mauon. 'any. public . premises: the eState . officer or· any
. , other 6ffider- . authorised by him in· this behalf '
may require that Qr-any other person to fornish
. information rel?ting' to the names oqother parti-
. culars of the persohs 1in occupation of the public
premises and \every _ person so required shall pe
bound to furnish ·. .the · information :in his
,possession.
Liability of · 13 .. -:-(1) Where any person against - whom any
heirs . and proceeding for the detierrrifnation · .. of arrears of
legal ~epre- rent or for the ·assessment. of the damages is to
sentatl9<i_S• pe Or has been takJen dies before the prOCee'din~
is taken or during the pendency thereof, the pro- ·
ceeding may be taken or, as thle case may be, .
continued . against the heirs or le$al representa-
. ... tives of~ that ' person.
. (~) A~y ameunt .duie to the State Government
from any person whether by -·way of arreats o~ ·
rent or damages or costs shall, ;after the death of
. the person, be payable ·· by P.is h!eirs or . legaJ. ·
· representatives ,· but their liability shall be
li:initep to the !extent of the .assets of the d~ceased
in . their: hands .'
Recovery of 14. If any person .refuses or fails to pay the .
r~nt • .etc., as arrears of rent payable under sub-section (1) of .
an aue ar of s:ecLon 7 or the damages · payable under sub
~~~~ •. reve- section . (2) .of that section or costs awarded to ·
the State Gov,ernment und1er sub-section ('5}, of , .
section 9 or ariy portion of such rent, damages qr ·
·costs , within thie time ; if any,. specified therefor
in tbe order: relating thereto , the estate officer ,
may issue a Clertificate for the amount due to tl:ie .
collector who . sha~l proceed ,to recover the same
·as a'n .arrear of land revenue:
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Protection 15. ' No slJ.it, prosecution or other legal procee
of action ding shall lle against the-·$tate Govern:r;nent or
taken io. . the appellate officer ·or the estate officer in' res
goad faith. pect .of anytJ:iing which is in 'good faith .Gone or .
intend ed. to be. done in :pursuance of_ thts {\ct or of ..
any rules or ord ers made thereunder. 1, •
D ~ legation
of pPWer.
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16. The $fat e Government may , by notification . '·
in the Official Gazett e, '.direct that any ·power
exerdsaQle by it under this Act shall , subject to
such -condit ions ,. if any , as may be s'pecified in-thle
not ification . . be exe rci sa ble . also by . an .officer of
the Stat e Go ~ e.rnment ..
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_612 __ )'HE AS-SAM GAZ~TTE, EXTR:'-ORDINARY, OCT. 27, 1976 -
PGwer to . 17. (1) The State GoVlernment may, by noUi
makc rules, cation in the Official Gazette,, make rules for
carrying out the purposes of th'is Act.
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(2.) In particular ,, and without prejudice to
the g1enerality of the foregoing power, ~.uch r ~les
inay provide for all or any of the followmg
matters, nam-ely :-
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(a) the 'form of any notice required or
autnorised to be given under this Act
and thie manner in- which it may be
-;,erved;
(b) the hblding . o~ inquirie5" under this A~t;
(G) the distributi9n and al:location of work
, to estate ·officers and the transfer of
any .proceeding pending before · an
· estate officer to another estate officer;·
(d) the procedure to be follow:ed in taking
possession of , public premise .s ;
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(e) the manner in which damages for u"'n
.authorised occupation may be asslessed
zcid the prfociples-wh'ich may be taken
· into accol!nt in' assessing such damages;
(f) ~he · manner in which appeals inay qe
preferred and the procedurie to be fol
lowed in appeals ; and
(g)· any other matter which has t~ be, , or
may be, prescribed.
(3) Every rule made -qnder this section shall be
laid as soon as may be· after it is made, before the
Assam Legislative Assembly while it is in session
for a total period of fourteen days which may be
~omprised in ohie session or in two successive ses- '
sions, and if, before the exp~ry of the session_in ·.
which it is so laid or the sessions immediately fol
lowing the Assam Legislative Assiembily agree in
· 'making' ny modification ih the rule or the Assam
Legislative A!>sembly agree that the rule should
,not · be made, th.e ru,le shall the,reaf'ter have effect.
only in such modified form or be of ·no efliect ·as
the ca~e may b<;J 'so however, .that any such m~di
fication or annulment shall be w:thout prejudice
to the validity .of anything prevfously donie under that rule. ·
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THE ASSAM <'AZEtTE, EXTRAORDlNARY ; OCT. 27, 1976 613
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Repeal and 18 (1) .The As
0
sam ·Public Premises (Eviction of 1
0Assda.m .
saving. . Una~thorised Oecupants) Ordinance , 1971 is here-:- 1{~(1~9n7cf.
by repeal1ed. ,,
' (2) Notwithstanding such repeal, any_thiRg
done qr any action t:aken under the Assam Public
Prem ises (Evichoµ of Unauthorised Occupants)
Ordinance, 1971, shall be deemed to have been
done or taken under this Act as if this Act had
commenced on the eighth day of Febru<FY, 1971
(the .date .of promu,lgation of the Or~inance).
U. TAHBILDAR,
Secretary to the Govt .. of Assarri. .
Le~islative' Del>tt. /
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The 23rd October 1976,
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No.LJL.33/76/4.-The following Act . of the ,Assam Legislative Assem
bly which received tile ·assent of the Governor is · hereby published
, for genrral information .
ASSAM ACT XXI ·OF 1976 . '·
(Received U1e assent ·of the· G~vernor OD the 20th October, 197&)
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THE GAUHATI UNIVEB.SITY (AMENDMENT) · ACT, i976
An
Act •
further to amei:id the Gauhati University Ac;t, 1947
Preamble. Whereas it is expedient tO ;ame~d '. the Assam Act
Gal,lhati , University Act, 19417,-·hereinafter c:alled Th~tof
the princip al Act , in th~ manner hereinafter
appearing ; · ·
Ii is hereby enacted in the Twenty-sev.~nth ·
Year oJ the Republic of India as follq~s >-
Short title,
extent and "
" comm enc·
ment. ·
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. 1. (1) ThiS Act ,may be called the Gauh ati
'Un ~ve rsi±y (Amendment) Act, 1976.
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