LexThe Bihar Government Premises (Rent Recovery and Eviction) Act, 1956
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The Bihar Government Premises (Rent Recovery and
Eviction) Act, 1956
(Bihar Act 20 of 1956)
[President’s Assent published in the Bihar Gazette, Extraordinary, of the 1 st
October, 1956.]
An Act to provide for collection of rents from persons; in occupation of
Government premises and for eviction of person s from such premises in certain
circumstances.
Be it enacted by the legislature of the State of Bihar in the seventh year of the
Republic of India as follows:-
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1. Short title, extent and commencement –(1) This Act may be c alled the
Bihar Government Premises (Rent, Recovery and Eviction) Act, 1956.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force at once.
2. Definition – In this Act, unless there is anything repugnant in the subject or
context –
a) ‘allotment’ means the grant, in writing, by or on behalf of the State
Government, of a right of use and occupation of any Government
premises to any person but does not include a grant by way of lease;
b) ‘competent authority’ means any officer not below the rank of a
Sub-deputy Collector or a Sub -deputy Magistrate, authorized by the
State Government by notification in the official Gazette, to p erform
all any of the functions of the competent authority under this Act for
such area as many be specified in the notification;
[S.O. 565 dated 26.06.1971 – In exercise of the powers conferred by clause (b)
of section 2 of the Bihar Government Premises (R ent, Recovery and Eviction) Act,
1956 (Bihar………..XX of 1956), and in supersession of Public Works Department
notification no. 23472, dated on the 29th November, 1968, the Governor of Bihar is
pleased to authoris e the following officer to perform all or any of the func tions of
the competent authority under the said Act for the areas specified below :-
Area Competent authority
1 For the New Capital Area, Patna as specified
in the schedule here to annexed in respect of
residences meant for Ministers, Deputy
Ministers, Parliamentary Secretaries,
Presiding Officers of the Bihar Legislature,
Legislators, Officers and staff of the
Secretarial and attached officers and such
other residences as the State Government
may, from time to time, decide.
Under-Secretary to Government
Assistant Secretary to
Government of Bihar in the
Public Works Department.
2 For Other places in the State as also in
respect of residences located in the New
Capital Area, Patna Other than those
specified in item (1) above.
The Civil Sub-divisional Officer of
the area in which the residence
is situated.
SCHEDULE
Boundaries of the New Capital Area, Patna.
North - Villages Shekhpura Sherulahpur, Dhakanpura, Mahauli, Dujra, Diara,
Raipore, Hasanpore.
South - Railway line and villages Yarpur, Dhakanpura, Dhirachak.
East - Bakaraganj Nala from the bank of r iver to the Government land near
Daldali Bazar, Maharampur, Bankipore, Chief Justice’s Compound on
the eastern side, Frazer Road, Patna Junction Station.
West - Villages Sadhanpore, and Samanpura and Shekhpura.
c) ‘Government premises’ means any premises b elonging to, or take on
lease or requisitioned by, the State Government;
d) ‘premises’ means any land or building or part of a building and
includes–
(i) the garden, grounds and out -houses, if any , appertaining to
such building or part of building;
(ii) any furniture supplied by the State Government for use in such
building or part of building; and
(iii) any fitting 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’ shall have the meaning assigned to it in the Transfer of Proper ty
Act, 1882 (IV of 1882) and includes gr ound rent, municipal tax or any
other amount payable by any allottee for use and occupation of
premises; and
g) ‘unauthorized occupation’ means the occupation of Government
premises by any person either without any allotment or after the expiry
of one month from the date on w hich an allotment is cancelled under
section 3.
3. Cancellation of allotment – If any Government premises is required for any
public purpose, the competent authority may, notwithstanding anything contained
in any other law for the time being in force, c ancel the allotment under which such
premises, is held or occupied by a person.
Provided that before cancelling the allotment under this section, the
competent authority shall require such person to show cause within fifteen days
why the allotment should not be cancelled.
4. Power to evict -certain persons from Government premises -
Notwithstanding anything to the contrary contained in any l aw for the time being
in force, if the competent authority is satisfied-
(a) that the person authorized to occupy any Government
premises has, whether before or after the commencement of
this Act-
(i) sub-let, without the perm ission of the State
Government or of the competent authority, the whole
or any part of such premises; or
(ii) committed or is committing such acts of waste as are
likely to affect materially the value or utility of the
premises; or
(iii) otherwise acted in cocntravention of any of the terms,
express or implied, under which he is authorized to
occupy such premises;
(b) that any person is in unauthorized occupation of any
Government premises –
the competent authority may, by notice served by registered post or in such
other manner as may be prescribe d, order that person as well as any other person
who may be in occupation of the whole or any part of the premises, shall vacate
the premises within 1[One Week] of the date of the service of the notice and if any
person refuses or fails to comply with such order, the competent authority may
evict that person from, and take possession of the premises and may for that
purpose use force as may be necessary :
2[Provided that if within one week of the service of notice on him, the
person concerned files a show cause, the competent authority shall consider and
shall pass such order thereon, as he may consider necessary, and if the show cause
is rejected, necessary steps for eviction of the person concerned may be taken]
5. Power to rec over damages – (1) Where any person is in unauthorized
occupation of any Government premises, the competent authority may, in the
prescribed manner, asses s such damages on account of the use and occupation of
premises as it may deem fit, and may, by notice served by registered post or in
such other manner as may be prescribed, order that person to pay the damages
within such time as may be specified in the notice.
(2) Where any person in occupation of any Government premises commits
such acts of waste as are likely to affect materially the value or utility of the
premises, the competent authority may, by notice served by registered post or in
such other manner as may be prescribed, order that person to pay damages as
may be assessed by such authority withi n such time as may be specified in the
notice :
Provided that, before assessing damages under Sub -section (1) or (2), the
competent authority shall communicate to the person concerned the frauds on
which it is proposed to make such assessment and require him to show cause
within a month why such assessment should not be made.
(3) If any person refuses or fails to pay the damages within the time specified
in the notice, the damage may be recovered as arrears of land revenue.
6. Notice of demand for rents not paid – (1) Where an arrear of rent is
payable by any person for occupation of Government premises, the competent
authority may at any time after thirty days from the date on which the rent
accrued due, serve or cause to be se rved upon the person liable a notice of
demand stating the name of the person, amount payable by him and the
Government premises in respect of which it is due.
(2) The notice of demand shall be signed by the competent authority.
1. Subs. For ‘’15 days’’ by Act 5 of 1982
2. Subs. by Act 5 of 1982
7. Recovery of rent – If the arrears of rent for which the notice of demand has
been served are not paid to the competent authority within thirty days from the
date of the service of the notice or such exten ded period as the competent
authority may allow, such arrears with all costs of recovery shall be recoverable as
arrears of land revenue.
8. Appeal – (1) Any person aggrieved by an order of the competent authority
under this Act may, within 1[one week], of such or der, prefer an appeal to the
State Government :
Provided that the State Government may entertain the appeal after the expiry
of the said period of 1[one week], if it is satisfied that the appellant was prevented
by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub -section (1), the State Government may,
after calling for a report from the competent authority and after hearing the
appellant and making such further inquiry, if any, as may be necessa ry, pass such
order as may be deemed proper and the orders of the state Government shall be
final.
(3) Where an appeal is preferred under sub -section (1) the State Government
may stay the enforcement of the order of the competent authority for such perio d
and on such conditions as it thinks fit.
9. Bar of Jurisdiction of Civil Court – No order made or action taken by the
State Government or the competent authority in the exercise of any power
conferred by or under this Act shall be called in question in any court and no
injunction shall be granted by any court or other authority in respect of any order
made or action taken or to be taken in pursuance of any power conferred by or
under this Act.
10. Protection of action taken in good faith – No suit, prosecution or other
legal proceeding shall lie against the State Government or the competent authority
or any officer subordinate to them in respect of anything which is in good faith
done or intended to be done in pursuance of this Act or of any rules ma de there
under.
11. Delegation – 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 by an
officer specially empowered in this behalf by the State Government :
Provided that the powers under section 8 shall not be delegated to an officer
below the rank of Additional Collector or Additional District Magistrate.
12. Penalty – Any person who contravenes any provision of this Act, or of any
rule or order made thereunder or obstructs the lawful exercise of any power
conferred by or under this Act, or who abets such contravention or obstruction,
shall, without prejudice to recovery of damages under section 5, be punishable
with fine which may extend to one thousand rupees.
1. Subs. for ‘’1 month’’ by Act 5 of 1982
13. Fees not to be paid on petition, etc . – Notwithstanding anything
contained in the court fees Act, 1870 (VII of 1870 ) no fee shall be required to be
paid on petitions and memorandums of appeal filed under the provisions of Act.
14. Power to make rules – (1) The State Governm ent may by notification in
the Official Gazette, 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 notice and manner in which it may be served;
(b) the procedure to be f ollowed in taking possession of Government
premises;
(c) the manner in which damages under section 5 may be assessed and
the matter which may be taken into account in assessing such
damages;
(d) the manner in which appeals may be preferred and procedure to be
followed in appeals;
(e) any other matter which has to, or may be, prescribed.
15. Application of other laws not barred – The provisions of this Act shall be
in addition to and in derogation of, any other law for the time b eing in for ce
relating to occupation of Government premises.