LexThe Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
Gujarat Act No. 12 of 1973
The Gujarat Public Premises
(Eviction of Unauthorised
Occupants )
Act, 1972
(As modified upto the 31st August, 2007)
THE GUJARAT PUBLIC PREMISES (EVICTION OF UNAUTHORISED
OCCUPANTS) ACT, 1973
CONTENTS.
PREAMBLE.
SECTIONS. PAGE NO.
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of competent officers.
4. Issue of notice to show cause against order of eviction.
5. Eviction of unauthorised occupants.
6. Disposal of property left on public premises by unauthorised occupants.
7. Power to require payment of rent or damages, in respect of public premises.
8. Power of competent officers.
9. Appeal.
10. Finality of order.
11. Offences and penalty.
12. Power to obtain information.
13. Liability of heirs and legal representatives.
14. Recovery of rent, etc. as an arrear of land revenue.
15. Rent to be recovered by deduction from salary or wages of employee.
16. Bar of jurisdiction.
17. Protection of action taken in good faith.
18. Power to make rules.
19. Repeal, saving and validation.
GUJARAT ACT NO. 12 OF 1973.1*
[ THE GUJARAT PUBLIC PREMISES (EVICTION OF UNAUTHORISED
OCCUPANTS) ACT, 1972.]
[26th June, 1973.]
Amended by Guj. 29 of 1981.
Amended by Guj. 6 of 2004.
Amended by Guj. 28 of 2006.
An Act to provide for the eviction of unauthorised occupants from public premises
and for certain incidental matters.
It is hereby enacted in the Twenty-third Year of the Republic of India as follows:-
1. (1) This Act may be called the Gujarat Public Premises (Eviction of Unauthorised
Occupants) Act, 1972.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force at once.
2. In this Act, unless the context otherwise requires,—
(a) "Competent Officer" means an officer appointed as such by the State Government
under section 3;
(b) "corporate authority" means any Municipal Corporation, Municipality, Panchayat
or other Corporation referred to in clause (f) of this section;
(c) "land" includes benefits to arise out of land and things attached to the earth or
permanently fastened to the earth or permanently fastened to anything attached to the
earth;
(d) "premises" means any land or any building or part of a building and includes —
(i) the garden, grounds and outhouses, if any, 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) "public premises" means any premises* belonging to or taken on lease or
requisitioned by, or on behalf of, the State Government, and includes any premises
belonging to, or taken on lease by, or on behalf of-
(i) any Municipal Corporation constituted under the Bombay Provincial
Municipal Corporations Act, 1949 or any Municipality constituted under the
Gujarat Municipalities Act, 1963;
(ii) a panchayatconstituted under the Gujarat Panchayats Act, 1961. 2**
(iii) any Corporation (not being a company as defined in section 3 of the
Companies Act, 1956) established by or under a Central or State Act, and
owned or controlled by the State Government;3[ ]
4[(iv) any University established or incorporated by or under any Law in the
Short title, extent
and
commencement.
Definitions.
Bom. LIX of 1949.
Guj. 34 of 1964.
Guj. VI of 1962.
I of 1956.
State of Gujarat or any institution recognised by the University Grants
Commission or declared by the Central Government to be a University, in
accordance with the provisions of clause (f) of section 2 or of section 3, as
the case may be, of the University Grants Commission Act, 1956;] 5[and]
6[(v) a public trust registered under the Bombay Public Trust Act, 1950, as
the State Government may, by notification in the Official Gazette, declare
the premises of such trust to be of national importance or historical interest;]
(g) "rent" in relation to any public p remises, 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 or the
Corporate authority;
(h) "unauthorised occupation" in relation to any public premises, means the
occupation by any per son 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 (whether by way of grant or any other mode of transfer)
under which he was allowed to occu py the premises has expired or has been
determined for any reason whatsoever.
3. The State Government may, by notification in the Official Gazette,-
(a) appoint such persons, being gazetted officers of Government or off icers of
equivalent rank of the corporate authority, as it thinks fit, to be competent officers for
the purposes of this Act; and
(b) define the local limits within which, or the categories of public premises in
respect of which, the competent officers sh all exercise the powers conferred, and
perform the duties imposed, on competent officers by or under this Act.
4. (1) If the competent officer is satisfied-
(a) that the person authorised to occupy any public premises has—
(i) not paid rent lawfully due from him in respect of such premises
for a period of more than two months, or
(ii) sub-let, without the permission of the State Government or, as
the case may be,the corporate authority, the whole or any part of
such premisses, or
(iii) committed, or is committing such acts of waste as are likely to
diminish materially the value, or impair substanti ally the utility, of
the premises, or
(iv) otherwise acted in contravention of any of the terms, express or
implied, under which he is authorised to occupy such, premises, or
(b) that any person is in unauthorised occupation of any public premises, or
(c) that any public premises are required for any other purpose of the State
Government, or, as the case may be, the corporate authority to whom such
premises belong,
III of 1956.
Bom. 29 of 1950.
Appointment of
Competent officers.
Issue of notice to
show cause against
order of eviction.
the competent officer shall, notwithstanding anything contained in
any other law for the time being in force issue in the manner hereinafter
provided a notice in writing calling upon all 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 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, to show cause,
if any, against the proposed order on or before such date as may be spe cified
in the notice, being a date not earlier than ten days from the date of issue
thereof.
(3) The competent officer shall cause the notice to be served by post or by having it
affixed on the outer door or some other conspicuous part of the public premi ses, and
in such other manner as may be prescribed, whereupon the notice shall be deemed to
have been duly given to all persons concerned.
(4) Where the competent officer knows or has reasons to believe that any persons are
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.
(5) If any person makes an application to the competent officer for extension of the
period specified in the notice, the competent officer may grant the same on such
terms as to payment and recovery of the amount claimed in the notice, as it deems fit.
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, by himself, or by advocate,
attorney or pleader, the competent officer is satisfied that any of the reasons specified
in sub -section (1) of section 4 exists, the competent officer may make an order of
eviction, for reasons to be recorded therein, directing that the public premises shall be
vacated, on such date as may be specified in the order, 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 th e public premises; and thereupon
the order shall be deemed to have been duly served on all the persons concerned.
(2) If any person refuses or fails to comply with the order of eviction within thirty
days of the date of its service under sub -section (1), the competent officer or any
other officer duly authorised by the competent 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.
(3) Notwithstanding an ything contained in sub -section (2), where a person who has
been ordered to vacate any public premises for the reasons specified in sub -clause (i)
or (iv) of clause (a) of sub-section (1) of section 4 pays to the competent officer the
rent in arrears or carries out or otherwise complies with the terms contravened by him
to the satisfaction of the competent officer as the case may be, within one month, of
the date of service of the notice or such longer time as the competent officer may
allow, the competent officer shall, in lieu of evicting such person under sub -section
(2), cancel his order made under sub - section ( 1) and thereupon such person shall
hold the premises on the same terms on which he held them immediately before such
notice was served on him.
Eviction of
unauthorised
occupants.
6. (1) Where any persons have been evicted from any public premises under section 5,
the competent officer may, after giving fourteen days' notice to the persons from
whom possession o f 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 dispose of by public auction any property remaining on such premises.
Such notice shall be served in the manner provided for service of notice under sub -
section (3) of section 4.
(2) Where any property is sold under sub -section (1), the sale proceeds thereof shall,
after deducting the expenses of the sale and the amount if any, due to the State
Government or the corporate authority on account of arrears of rent or damages or
costs, be paid to such person or persons as may appear to the competent officer to be
entitled to the same :
Provided that where the competent officer is unable to decide a s to the
person or persons to whom the balance of the amout is payable or as to the
apportionment of the same, he may refer such dispute to the civil court of competent
jurisdiction and the decision of the court thereon shall be final.
7. (1) Subject to any rules made by the State Government in this behalf and without
prejudice to the provisions of section 4, where any person is in arrears of rent payable
in respect of any publ ic premises, the competent officer may, by issuing a notice to
him, require that person to pay the same within such time, not less than ten days, and
in such instalments as may be specified in the notice.
(2) Where any person is, or has at any time been, in unauthorised occupation of any
public premises, the competent 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 instalments as may be specified in the
order.
(3) No order under 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 s how 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 competent officer.
(4) The notice under sub-section (1) or (3) shall be served in the manner provided for
service of notice under sub-section (3) of section 4.
8. A competent 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 respectof 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;
(c) any other matter which may be prescribed.
9. (1) An appeal shall lie from every order of the competent officer made in respect of
any public premises under section 5 or section 7 to an app ellate officer who shall be
the district judge of the district in which the public premises are situate or such other
judicial officer in that district who has for at least ten years held a Judicial office in
the State as the district judge may designate in this behalf.
(2) An appeal under sub-section (1) shall be preferred,-
Disposal of
property left on
public premises by
unauthorised
occupants.
Power to require
payment of rent or
damages, in respect
of public premises.
Power of competent
officers. V of 1908.
Appeal.
(a) in the case of an appeal from an order under section 5, within fifteen
days from the date of the service 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 fifteen
days from the date on which the order is communicated to the appellant :
Provided that the appellate officer may entertain the appeal after
the expiry of the said period of fifteen da ys, 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 competent officer, the appellate
officer may stay the enforcement of that order for such peri od 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 costs of any appeal under this section shall be in the discretion of the
appellate officer.
(6) For the purposes of the principal Judge of the Ahmedabad City Civil Court shall
be deemed to be the district judge of the district, and the City of Ahmedabad shall be
deemed to be a district.
10. Save as otherwise expressly provided in this Act, every order made by a competent officer
or appellate officer 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 or to be taken in pursuance of any power
conferred by or under this Act.
11. (1) Any person who obstructs the lawful exercise of any power conferred by or under
this Act shall, on conviction, be punished with fine which may extend to one
thousand rupees.
(2) 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 for a term which may extend to one year, or with fine which may
extend to one thousand rupees, or with both.
(3) Any magistrate convicting a person under sub -section (2) may make an orderfor
evicting that person summarily and such person shall be liable to such eviction
without prejudice to any other action that may be taken against him under this Act.
12. If a competent officer has re ason to believe that any persons are in unauthorised
occupation of any public premises or have committed any of the acts specified in clause (a) of
sub-section (1) of section 4, the competent officer or any other officer authorised by him in
this behalf may require those persons or any other person to furnish information relating to the
names and other particulars of the persons in occupation of the public premises and every
person so required shall be bound to furnish the information in his possession.
13. (1) Where any person against whom any proceeding for the determination of arrears
of rent or for the assessment of 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 be, continued against the heirs or legal representatives of that person.
(2) Any amount due to the State Government or the corporate authority from any
person whether by way of arrears of rent or d amages or costs shall, after the death of
the person, be payable by his heirs or legal representatives but their liability shall be
Finality of order.
Offences and
penalty.
Power to obtain
information.
Liability of heirs
and legal
representatives.
limited to the extent of the assets of the deceased in their hands.
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 the costs awarded to
the State Government or the corporate authority 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 competent 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.
15. (1) Without prejudice to any other provision of this Act, where any person to whom
any public premises have been allotted is-
(a) an employee of the state Government or of a corporate authority, or
(b) an employee of a local authority, other than a corporate authority, who
has executed an agreement as provided in sub-section (2),
and is in arrears of rent payable in respect of suc h public premises, the
amount of rent in respect of such premises shall, on a requisition in writing
made in that behalf by the competent officer be liable to be deducted from
the salary or wages payable to such person. On receipt of such requisition
the h ead of the department or office of the State Government, corporate
authority, or as the case may be, local authority under whom such person is
employed, shall deduct from the salary or wages payable to such person the
amount specified in the requisition, a nd pay the amount so deducted to the
competent officer in satisfaction of the amount due as aforesaid.
(2) An employee of a local authority other than a corporate authority, who is allotted
any public premises may execute an agreement in favour of the Sta te Government,
or, as the case may be, the corporate authority to whom such premises belong,
providing that the local authority by or under whom he is employed shall be
competent to deduct from time to time from the salary or wages payable to him, such
amount as is specified in the agreement, and to pay the amount so deducted to the
competent officer in satisfaction of any amount due by him in respect of the public
premises allotted to him.
16. No court shall have jurisdiction to enter tain any suit or proceeding in respect of the
eviction of any person on the ground that he is in unauthorised occupation of any public
premises or for any other reason specified in sub -section (1) of section 4, or the recovery of
the arrears of rent payabl e under sub -section (1) of section 7 or the damages payable under
sub-section (2) of that section or the costs awarded to the State Government or the corporate
authority under sub-section (5) of section 9 or any portion of such rent, damages or costs.
17. No suit, prosecution or other legal proceeding shall lie against the State Government or the
corporate authority or the appellate officer or the competent officer in respect of anything
which is in good faith done or intended to be done in pursuance of this Act or of any rules or
orders made thereunder.
18. (1) The State Government may, by notification in the Official Gazette and subject to
the condition of previous publication, 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 be made to provide for all or any of the matters, expressly required or
allowed by this Act to be prescribed by rules.
(3) All rules made under this section sha ll be laid for not less than thirty days before
the State Legislature as soon as possible after they are made, and shall be subject to
rescission by the State Legislature or to such modifications as the State Legislature
Recovery of rent,
etc. as an arrear of
land revenue.
Rent to be
recovered by
deduction from
salary or wages of
employee.
Bar of jurisdiction.
Protection of action
taken in good faith.
Power to make
rules.
may make during the session in whic h they are so laid or the session immediately
following.
(4) Any rescission or modifications so made by the State Legislature shall be
published in the Official Gazette and shall thereupon take effect.
19. The Bombay Government Premises (Eviction) Act, 1955 and any other corresponding law
providing for the eviction of occupants from public premises are hereby repealed:
Provided that anything done or any action taken (including rules or orders made,
notices issued, evictions ordered or effected, damages assessed, rents or damages or costs
recovered and proceedings initated) or purported to have been done or taken under the Act or
law hereby repealed shall be deemed to have been done or taken under the corres ponding
provisions of this Act, and shall be deemed to be, and to have always been, as valid and
effective as if such thing or action was done or taken under the corresponding provisions of
this Act, as if this Act had been in force when such thing was done or such action was taken.
--------------------------------
Repeal, saving and
validation.
Bom. II of 1956.
1 For Statement of Objects and Reasons, See Gujarat Government Gazette, Extraordinary, Part V, Dated
the 14th December, 1972, pp. 351 to 352.
2 This Act was assented to by the President on the 15th June, 1973.
3 The word “and” was deleted by Guj. 29 of 1981, s. 2(a).
4 The word“and”added, by Guj. 29 of 1981, s. 2(b). and the same was deleted by Guj. 6 of 2004 s. 2(a).
5 This sub clause was inserted, by Guj. 29 of 1981, s. 2(c).
6 This word was added by Guj. 6 of 2004, s. 2(b).
7 This sub-clause was inserted by Guj. 6 of 2004, s. 2(c).