The Assam Public Premises (Eviction of Unauthorised Occupants)Act, 1971 (Single Document)

ASSAM ACT XX OF 1976 
[Received the assent of the Governor on the 19th day of October 1976 ] 
THE ASSAM PUBLIC PREMISES (EVICTION OF UNAUTHORISED 
OCCUPANTS) ACT, 1971 
 
AN 
ACT 
  to provide an effective machinery for eviction of persons in 
unauthorised occupation of Public Premises and certain 
incidental matters connected therewith. 
 
 
Preamble.       Whereas it is expedient to provide by law an effective 
machinery for eviction of persons in unauthorised occupation 
of Public Premises and certain incidental matters connected 
therewith;  
     It is hereby an ena cted in the Twenty -Second Year of the 
Republic of India as follows :- 
 
 
Short title, 
extent and 
commencement. 
1. (1) This Act may be called the Assam Public Premises 
(Eviction of Unauthorised Occupants) Act, 1971.  
 
(2) 1[It extends to the whole of the State of Assam to the 
premises held by the State Government, wherever they 
situate, within the territorial jurisdiction of the States of 
West Bengal, Tamil Nadu, Maharastra, Meghalaya and 
Delhi.] 
 
(3) It comes into force on such date as the State Government 
may, by notification in the official Gazette, speci fy in this 
behalf and different dates may be specified for different 
areas and for different purposes of the Act. 
 
 
 
 
 
 
 
 
 
 
 
1. Subs. by Assam Act No. XVI of 1995. 
2 
 
Definitions. 2. In this Act unless the context otherwise requires :- 
(a) “Collector” means any officer who exercises the 
powers of a collector under the Land Acquision Act, 
1894; 
 
(b) “Estate Officer” means an Officer appointed as such by 
the State Government under Section 3 of this Act; 
 
(c) “Public Premises” means any premises belonging to, or 
taken on lease, hire or requisitioned by or on behalf of 
the State Government the Assam State Electricity 
Board the Assam State Road Transport Corporation or 
any Public sector undertaking owned or sponsored by 
the State Government; 
 
(d) “Premises” means any land or any building or part of a 
building and includes,- 
 
(i) the gard en, grounds and out houses, if a ny 
appertaining to such building or part of a building; 
and 
 
(ii) any fittings affixed to such building or part of a 
building for the more beneficial enjoyment thereof; 
 
(e) “prescribed” means prescribed by rules made under this 
Act; 
 
(f) “rent” in relation to any public premises, means the 
consideration payable periodically for the authorised 
occupation of the premises, and includes:- 
 
(i) any charge for electricity, water or any other 
services in connection with the occupation of the 
premises, 
 
(ii) any tax (by whatever name called) payable in 
respect of the premises where such charge or tax is 
payable by the State Government; 
 
(g) “State Government” means the State Government of 
Assam;  
 
(h) “unauthorised occupation” in relation to any public premises 
means the occupation by any person of the public premises 
without authority for such occupation and includes the 
continuance in occupation by any person of the public 
premises after the authority under which he was allow ed to 
occupy the premises has expired or has been determined for 
any reason whatsoever. 
 
Central Act I 
of 1894 
3 
 
 
Appointment of 
Estate Officers. 
3. The State Government may, by notification in the official 
Gazette :- 
(a) appoint such persons, being Gazetted Officers of 
Government, as it thinks fit to be estate officers for the 
purposes of this Act, and 
 
(b) define the local limits within which, or the categories 
of pubic premises in respect of which, each estate 
officer shall exercise the powers conferred, and 
performed the duties imposed, on estate officers by or 
under this Act. 
 
 
 
Issue of notice 
to show cause 
against order of 
eviction. 
4. (1) If the estate officer is of opinion that any person in 
unauthorised occupation of any public premises and that he 
should be evicted the officer shall issue in the manner 
hereinafter provided a notice in writing calling upon the 
persons 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 evict ion 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 estate officer shall cause the notice to be served by 
having affixed on the outer door or some other conspicuous 
part of the public premises, and in such other mann er as 
may be prescribed, whereupon the notice shall be deemed 
to have been duly given to all persons concerned. 
 
(4) Where the estate officer knows or has reasons to believe 
that any person is in occupation of the public premises, 
then, without prejudice to the provisions of sub-section (3), 
he shall cause a copy of the notice to be served on every 
such person by post or by delivering or tendering it to that 
person or in such other manner as may be prescribed. 
 
 
 
 
 
 
4 
 
Eviction of 
unauthorised 
occupants. 
5. (1) If, after considering the cause, if any shown 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 estate officer is 
satisfied that the public premises are in unauthorised 
occupation, the estate officer may, on a date to be fixed for 
the purpose, make an order of eviction, for reasons to be 
recorded therein, directing that the public premises shall be 
vacated by all persons who may be in occupation thereof or 
any part thereof, and cause a copy of the order to be affixed 
on the outer door or some other conspicuous part of the 
public premises. 
 
(2) If any person refuses or fails to comply with the order of 
eviction within thirty days of the date of its publication 
under sub-section (1), the estate officer or any other officer 
duly authorised by the estate officer in this behalf may evict 
that person from and take possession of , the public 
premises and may, for that purpose, use such force as may 
be necessary. 
 
 
 
Disposal of 
property left on 
public premises 
by 
unauthorised 
occupants. 
6. (1) Where any person has been evicted from any public 
premises under section 5, the estate officer may, after 
giving fourteen days' notice to the person 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 disposed of by public auction any property remaining on 
such premises. 
 
(2) Where any property is sold under sub -section (1), the sale 
proceeds shall; after deducting the expenses of the sale and 
the amount, if any due to the State Government on account 
of arrears of rent or damages; or costs, be paid to such 
person or persons as may appe ar to the estate officer to be 
entitled to the same :  
 
     Provided that where the estate officer 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 dispu te to the Civil Court of competent 
jurisdiction and the decision of the Court thereon shall be 
final. 
 
 
 
 
 
 
 
 
5 
 
Power to 
recover rent or 
damages in 
respect of 
public premises 
as arrears of 
land revenue. 
7. (1) Where any person is in arrears of re nt payable in respect of 
any public premises, the estate officer may, by order, 
require that person to pay the same within such time and in 
such manner 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 estate 
officer may, having regard to such principles of assessment 
of damages as may be prescribed, assess the damages on 
account of the use and occupation of such premises and 
may, by order, require that person to pay the damages 
within such time and in such manner 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 to the person calling upon him to show cause within 
such time as may be specified in the notice why such order 
should not be made, and until his objections, if any, and 
any evidence he may produce in support of the same, have 
been considered by the estate officer. 
 
 
 
Power of Estate 
Officer. 
8. An estate officer shall, for the purpose of holding any inquiry 
under this Act, have the same powers as are vested in a Civil 
Court under the Code of Civil Procedure, 1908, when trying a 
suit in respect of the following matters, namely :- 
(a) summoning and enforcing the attendance of any person 
and examining him on oath; 
 
(b) requiring the discovery and production of documents; 
and 
 
(c) any other matter which may be prescribed. 
 
 
 
Central Act 
5 of 1908. 
Appeals. 9. (1) An appeal shall lie from every order of the estate officer 
made in respect of any public premises under section 5 or 
section 7 to an appellate officer who shall be the collector. 
 
(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 publication 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 date on which the order is 
communicated to the appellant:  
 
 
6 
 
     Provided that the appellate officer  may entertain the 
appeal after the expiry 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 appeal is preferred from an order of the estate 
officer, the ap pellate officer 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 
appellate officer as expeditiously as possible. 
 
(5) The cost of any appeal under this section shall be in the 
discretion of the appellate officer. 
 
 
Finality of 
orders. 
10. Save as otherwise expressly provided in this Act every order 
made by an estate officer or appellate officer under this Act 
shall be final and shall not be called in question in any original 
suit, application or executive proceeding and no injunction shall 
be granted by any court or other authority in respect of any 
action taken or to be taken in pursuance of any power conferred 
by or under this Act. 
 
 
 
Offences and 
penalty. 
11. (1) If any person who has been evicted from any public 
premises under this Act again occupies the premises 
without authority for such occupation, he shall be 
punishable with imprisonment which may extend to one 
year, or with fine which, may extend  to one thousand 
rupees, or with both. 
 
(2) Any magistrate convicting a person under sub -section (1) 
may make an order for evicting that pe rson summarily and 
he shall be liable to s uch eviction without prejudice to any 
action that may be taken against him under this Act. 
 
 
 
Power to obtain 
information. 
12. If the estate officer has reasons to believe that any person is in 
unauthorised occupation of any public premises , the estate 
officer or any other officer authorised by him in this behalf may 
require that or any other person to furnish information relating 
to the names or other particulars of the persons in occupation of 
the public premises and every person so require d shall be 
bound to furnish the information in his possession. 
 
 
 
 
 
 
7 
 
Liability of 
heirs and legal 
representatives. 
13. (1) Where any person against whom any proceeding for the 
determination of arrears of rent or for the assessment of the 
damages is to be or has been taken dies before the 
proceeding is taken or during the pendency thereof, the 
proceeding may be taken or, as the case may b e, continued 
against the heirs or legal representatives of that person.  
 
(2) Any amount due to the State Government from any pe rson 
whether by way of arrears of rent or damages or costs shall, 
after the death of the person, 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. 
 
 
 
Recovery of 
rent, etc, as an 
arrear of land 
revenue. 
14. If any person refuses or fails to pay the arrears of rent payable 
under sub-section (1) of section 7 or the damages payable under 
sub-section (2) of that section or costs awarded to the State 
Government 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 estate officer may 
issue a Certificate for the amount due to the collector who shall 
proceed to recover the same as an arrear of land revenue. 
 
 
 
Protection of 
action taken in 
good faith. 
15. No suit, prosecution or other legal proceeding shall lie against 
the state Government or the appellate officer or the estate 
officer in respect of anything w hich is in good faith done or 
intended to be done in pursuance of this Act or of any rules or 
orders made there under. 
 
 
 
1[Bar of 
Jurisdiction. 
15A. No Civil Court shall have jurisdiction to entertain any suit or 
proceeding in respect of eviction of any person who is 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 or 
costs awarded to the Government of Assam under  sub-section 
(5) of Section 9 or any portion of such rent, damages or costs.] 
 
 
 
Delegation of 
power. 
16. 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 specified in 
the notification be exercisable also by an officer of the State 
Government. 
 
 
 
 
 
 
 
1. Ins. by Assam Act No. IV of 1978. 
 
8 
 
Power to make 
rules. 
17. (1) The State Government may, by notification in the Official 
Gazette, make rules for carrying out the purposes 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 re quired or authorised to be 
given under this Act and the manner in which it may be 
served; 
 
(b) the holding of inquiries under this Act;  
 
(c) the distribution and allocation 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 followed in taking possession of 
public premises; 
 
(e) the manner in which damages for unauthorised 
occupation may be assessed and the principles which 
may be taken into account in assessing such damages;  
 
(f) the manner in which appeals may be preferred and the 
procedure to be followed in appeals ; and  
 
(g) any other matter which has to be, or may be, 
prescribed. 
 
(3) Every rule made under this section shall be laid as soon as 
may be after it is made, before the Assam  Legislative 
Assembly whole it is in session for a total period of 
fourteen days which may be comprised in one session or in 
two successive sessions, and if, before the expiry of the 
session in which it is so laid or the sessions immediately 
following the Assam Legislative Assembly agree in making 
any modification in the rule or the Assam Legislative 
Assembly agree 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. 
 
 
 
 
 
 
 
 
9 
 
Repeal and 
saving. 
18. (1) The Assam Public Premises (Eviction of Unauthorised 
Occupants) Ordinance, 1971 is hereby repealed. 
 
(2) Notwithstanding such repeal, anything done or any action 
taken under the Assam Public Premises (Eviction 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 February, 1971 
(the date of promulgation of the Ordinance). 
Assam 
Ordinance II 
of 1971. 
 
 
 
 
 
 

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