LexThe Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery Act, 1971
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH PUBLIC PREMISES AND LAND
(EVICTION AND RENT RECOVERY) ACT, 1971
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Unauthorised occupation of public premises.
4. Issue of notice to show cause against order of eviction.
5. Eviction of un-authorised occupants.
6. Disposal of property left in public premises by un-authorised
occupants.
7. Power to require payment of rent or damages in respect of
public premises. 8. Power of Collector.
9. Appeals.
10. Finality of orders.
11. Offences and penalty.
12. Power to obtain information.
13. Liability of heirs and legal representatives.
14. Recovery of rent etc., as arrears of land revenue.
15. Bar of jurisdiction.
16. Protection of action taken in good faith.
17. Power to make rules.
18. Repeal.
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THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND
(EVICTION AND RENT RECOVERY) ACT, 1971
(ACT No. 22 OF 1971) 1
(Received the assent of the Governor on the 5th November, 1971 and
was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the
19th November, 1971, pp. 1448-1454.
Amended, repealed or otherwise affected by:-
(i) H.P. Act No. 9 of 19832, assented to by the Governor on the
30th April, 1983, published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 30th April, 1983, pp. 505-507.
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh,
(Extra-ordinary), dated 24th September, 1971, p. 1235.
2. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh,
(Extra-ordinary), dated 17th March, 1983, p. 296.
2 THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND (EVICTION AND RENT
RECOVERY) ACT, 1971
(ii) H.P. Act No. 18 of 20071, assented to by the Governor on the
26th December, 2007, published both in Hindi and English in
the Rajpatra, Himachal Pradesh, dated 29th September, 2007,
pp. 6149-6151.
(iii) H.P. Act No. 15 of 20092, assented to by the Governor on the
17th September, 2009, published both in Hindi and English in
the Rajpatra, Himachal Pradesh, dated 22nd September, 2009,
pp. 3992-3995.
(iv) H.P. Act No. 1 of 2012 3, assented to by the Governor on the
18th January, 2012, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 28th January, 2012, pp.
5323-5324.
An Act to provide for the eviction of un-authorised occupants from public
premises and for certain incidental matters.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-second Year of the Republic of India as follows:-
1. Short tide, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Public Premises and Land (Eviction and Rent
Recovery) Act, 1971.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “Collector” means the Collector of the district, and includes
any other officer appointed by the State Government for
performing the functions of the Collector under this Act;
(b) “corporate authority” means any company or corporation
referred to in sub-clauses (ii) and (iii) of clause (e) of this
section;
(c) “estate” has the meaning assigned to it in the Himachal
Pradesh Land Revenue Act, 1953 (6 of 1954);
(d) “premises” means any land, whether used for agricultural or
non-agricultural purposes, or any building or part of a
building and includes,-
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
7th September, 2007, pp. 4972 and 4978.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For the Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh dated 28th August,
2009, pp. 3107 and 3110-3111.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh dated 22nd December,
2011, pp. 4748-4749.
THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND (EVICTION AND RENT 3
RECOVERY) ACT, 1971
(i) the garden, grounds and out-houses, 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) “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/committee, notified area
committee, panchayat samiti, Panchayat or
improvement trust 1[XXXXXXXXXXX],
(ii) any company as defined in section 3 of the Companies
Act, 1956, in which not less than fifty one per cent of
the paid up share capital is held by the State
Government, 2[XXXXX]
(iii) any corporation (not being a company as defined in
section 3 of the Companies Act, 1956 or a local
authority) established by or under a Central Act as
defined in clause (7) of section 3 of the General Clauses
Act, 1897, or a Himachal Pradesh Act and owned or
controlled by the State Government 3[, and]
4[(iv) any Co-operative Society registered or deemed to have
been registered under the Himachal Pradesh Co-
operative Societies Act, 1968;]
(f) “prescribed” means prescribed by rules made under this Act;
(g) “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; and
(ii) any tax (by whatever name called) payable in respect of
the premises, where such charge or tax is payable by the
State Government, the corporate authority or a local
body as given in sub-clause (i) of clause (e) of this
section.
1. The sign “or a Wakf property registered with the Himachal Pradesh Wakf Board”
added vide H.P. Act No. 18 of 2007 and omitted vide H.P. Act No. 1 of 2012.
2. Word “and” omitted vide H.P. Act No. 9 of 1983.
3. Substituted for the sign “,” inserted H.P. Act No. 9 of 1983.
4. New sub-clause (iv) added vide H.P. Act No. 9 of 1983.
4 THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND (EVICTION AND RENT
RECOVERY) ACT, 1971
3. Unauthorized occupation of public premises.- For the purposes
of this Act, a person shall be deemed to be in unauthorised occupation of any
public premises-
(a) where he has whether before or after the commencement of
this Act entered into possession thereof otherwise than under
and in pursuance of any allotment, lease or grant; or
(b) where he, being an allottee, lessee or grantee, has by reason of
the determination or cancellation of his allotment, lease or
grant in accordance with the terms in that behalf therein
contained, ceased, whether before or after the commencement
of this Act, to be entitled to occupy or hold such public
premises; or
(c) where any person authorised to occupy any public premises
has, whether before or after the commencement of this Act
(i) sub-let in contravention of the terms of allotment, lease
or grant, without the permission of the State
Government or of any other authority competent to
permit such sub-letting the whole or any part of such
public premises, or
(ii) otherwise acted in contravention of any of the terms,
express or implied, under which he is authorised to
occupy such public premises.
Explanation.-For the purposes of clause (a) a person shall not merely
by reason of the fact that he has paid any rent be deemed to have entered into
possession as allottee, lessee or grantee.
4. Issue of notice to show cause against order of eviction.- (1) If the
Collector is of opinion that any persons are in unauthorised occupation of any
public premises situate within his jurisdiction and that they should be evicted,
the Collector shall 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 is specified in the notice,
being a date not earlier than ten days from the date of issue
thereof.
(3) The Collector shall cause the notice to be affixed on the outer door
or some other conspicuous part, of the public premises, or of the estate in
which the public premises are situate, and in such other manner as may be
THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND (EVICTION AND RENT 5
RECOVERY) ACT, 1971
prescribed, whereupon the notice shall be deemed to have been duly given to
all persons concerned.
(4) Where the Collector 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. Eviction of unauthorised occupants.- (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 Collector is satisfied that the
public premises are in unauthorised occupation, the Collector 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 unauthorised 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 or of the estate in which the public
premises are situate:
1[Provided that subject to the provisions of this Act or any rules made
thereunder, the Collector shall make an order of eviction within a period of six
months from the date of issuance of notice under section 4, however, the
period may further be extended by three months for the reasons to be recorded
in writing.]
2[(2) If any person refuses or fails to comply with the order of eviction
within fifteen days of the date of its publication under sub-section (1), the
Collector or any other officer duly authorized by him in this behalf may evict
that person, within fifteen days after expiry of the above mentioned period,
and take possession of the public premises and may, for that purpose, use such
force as may be necessary.
(3) The Collector shall impose upon the person evicted under this
section a fine upto ten thousand rupees or the market value of the premises
whichever is higher.]
6. Disposal of property left on public premises by un-authorised
occupants.- (1) Where any persons have been evicted from any public
premises under section 5, the Collector may, after giving fourteen days’ notice
to the persons 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 sell by public auction any
property remaining on such premises.
(2) Where any property is sold under sub-section (1), the sale
proceeds thereof shall, after deducting the expenses of the sale and the
1. Proviso inserted vide H.P. Act No. 15 of 2009.
2. For sub-section (2), sub-sections (2) and (3) substituted vide H.P. Act No. 15 of
2009.
6 THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND (EVICTION AND RENT
RECOVERY) ACT, 1971
amount, if any, due to the State Government, a corporate authority or a local
body as given in sub-section (i) of clause (e) of section 2 on account of arrears
of rent or damages or costs, be paid to such person or persons as may appear
to the Collector to be entitled to the same:
Provided that where the Collector 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 dispute to the civil court of
competent jurisdiction and the decision of the court thereon shall be final.
7. Power to require payment of rent or damages in respect of
public premises.- (1) Where any person is in arrears of rent payable in
respect of any public premises, the Collector may, by order, require that
person to pay the same within such time as may be specified in the order.
(2) Where any person is, or has at any time been, in unauthorised
occupation or any public premises, the Collector 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 as maybe 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 Collector:
1[Provided that every order under sub-sections (1) and (2) shall be
made within a period of six months, however, the period may further be
extended by three months for the reasons to be recorded in writing.]
8. Power of Collector.- A Collector 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;
(c) any other matter which may be prescribed.
9. Appeals.- (1) An appeal shall lie from every order of the Collector
made in respect of any public premises under section 5 or section 7 to the
Commissioner .
(2) An appeal under sub-section (1) shall be preferred-
1. Proviso inserted vide H.P. Act No. 15 of 2009.
THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND (EVICTION AND RENT 7
RECOVERY) ACT, 1971
(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:
Provided that the Commissioner may entertain the appeal after the
expiry of the 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 Collector, the
commissioner may stay the enforcement of that order for such period and on
such conditions as he deems fit.
1[(4) Every appeal under this section shall be disposed of by the
Commissioner within a period of three months.]
(5) The costs of any appeal under this section shall be in the discretion
of the Commissioner.
10. Finality of orders.- Save as otherwise expressly provided in this
Act, every order made by the Collector or Commissioner 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. Offences and penalty.- 2[(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 twenty
thousand rupees or twice the market value of the premises, whichever is
higher, or with both.]
(2) Any Magistrate convicting a person under sub-section (1) may
make an order for evicting that person summarily and he shall be liable to
such eviction without prejudice to any action that may be taken against him
under this Act.
12. Power to obtain information.- If the Collector has reasons to
believe that any persons are in unauthorised occupation of any public
premises, the Collector 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.
1. Sub-section (4) substituted vide H.P. Act No. 15 of 2009.
2. Sub-section (1) substituted vide H.P. Act No. 15 of 2009.
8 THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND (EVICTION AND RENT
RECOVERY) ACT, 1971
13. Liability of heirs and legal representatives.- (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 tendency 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, any corporate authority
or a local body as mentioned in sub-clause (i) of clause (e) of section 2 from
any person 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.
14. Recovery of rent etc., as arrears of land revenue.- 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, any corporate authority or a local
body as given in sub-clause (i) of clause (e) of section 2 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 Collector shall
proceed to recover the amount due as arrears of land revenue.
15. Bar of jurisdiction.- No civil court shall have jurisdiction to
entertain any suit or proceeding in respect of the eviction of any person who is
in unauthorized 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 the costs awarded to the State
Government, corporate authority or a local body as given in sub-clause (i) of
clause (e) of section 2 under sub-section (5) of section 9 or any portion of
such rent, damages or costs.
16. Protection of action taken in good faith.- No suit, prosecution or
other legal proceeding shall lie against the State Govt. or the Commissioner or
the Collector 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.
17. Power to make rules.- (1) The State Government may, by
notification in the Official Gazette, make rules not inconsistent with this Act,
prescribing all matters which by this Act are required or permitted to be
prescribed or which are necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
(2) In particular, and without prejudice to the generality of the
preceding sub-section, such rules may provide for all or any of the following
matters, namely:-
(a) the form of any notice required 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;
THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND (EVICTION AND RENT 9
RECOVERY) ACT, 1971
(c) the procedure to be followed in taking possession of public
premises;
(d) the manner in which damages for unauthorized occupation
may be assessed and the principles which may be taken into
account in assessing such damages;
(e) the manner in which appeals may be preferred and the
procedure to be followed in appeals; and
(f) any other matter which has to be or may be prescribed.
(3) All rules made under this Act shall as soon as may be after they
are made, be laid before the State Legislature and shall be subject to such
modifications as the State Legislature may make during the session in which
they are so laid or the session immediately following:
18. Repeal.- The Punjab Public Premises and Land (Eviction and
Rent Recovery) Act, 1959 (31 of 1959), as in force in the areas added to
Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966
(31 of 1966) is hereby repealed.
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