The Manipur Public Premises (Eviction of Unauthorised Occupants) (Amendment) Act, 1985

'IHE MANIPUR PUBLIC PREMISES (EVICTION OFUNAUTHORISED occpPANTS) (AMENBMENT)131%, 1985 t -
(As passed ty the Legislative Assembl 'A‘ “a énipur on 26~2—85)
A
BILL-
Io amend the Mam'pur Public Premises (Eviction 0f Unauthorised Occupants)Act, 1978 (Manipur Act No. 4 of 1979)
BE it enacted by the Legislature of Manipur in the Thirty-sixthYear of the Republic of India as follows :—
1. This Act may be called the Manipur Puinc Premises (Evictionof Unauthorised Occupants) (Amendment) Act, 1985.
2. In sub-section (2) cf sectionlef the Manipur Public Premises(Eviction of Unauthorised Occupants) Act, 1978 (hereinafter referred toas the principal Act), the full stop at the end shall be substituted bycolon and, thereafter, the following proviso and explanation shall beadded, namely,—
“Prcvided that'it shall apply at the first instance to the localareas within Imphal Municipality but the Government may, bynotificatfon in the cflicial Gazette, apply all or any of the provisionsof this Act to such other municipality, small town or other localarea. as may be specified in the notification.
Explanation :~In this secticn, “small town” means the localarea declared as a “small town” under section 219 of the ManipurMunicipalities Act, 1976.”.
3. In clause (g) of section 2 cf the principal Act, the words and- ccmmas “, within a pericd cf six years immediately before the date ofcommencement cfthis Act or at any time after such date,” shall beomitted.
4. In section 3 of the principal Act,~
(a) sub-section (1) shall be re-arranged as follows, namely,—
“(1) If the competent authority, after making such inquiryas it dents fit, is satisféd that any public premises are in unauthorisedoccupation, it may, fcr reasons to be recorded in writing, make orderof eviction directing that the public premises shall—
(i) in the case of buildings, within ten days from the date _ ofthe proclamation referred to in clause (b) or sub-sectlon
(2), and
Short title.
Amendment
of section L
Amendment
of section 2..
Amendment
of section 3,.
(ii) in other cases, within three days from the date of suchproclamation,
be vacated by all persons whormay be in occupation thereof onany part thereof.”; and
(b) in clause (a) of sub—section (2), for the word, letter and brackets“clause (0)”, the word, letter and brackets “clause (b)” shall besubstituted. '
Amendment 5. The existing section 4 of the principal Act, shall be renumbered as '9f “Ctlon 4- sub-section (1) thereof and, thereafter, the following sub-section shallbe added, namely,—
“(2) Whoever re—enters into or is found in unauthorised occupa-tion of the public premises at any time after he has vacated the publicpremises in compliance of an order of eviction or has been evictedtherefrom under sub-section (1), shall, for the purposes of thatsub-section, be deemed to have refused or failed to comply with theorder of eviction notwithstanding his previous compliance of suchorder or, as the case may be, eviction therefrom and, thereupon,he may be evicted forthwith on the basis of the same order of evictionwithout prejudice to any other action that may be taken against ‘him under this Act”. ‘
Amendment 6. In sub-section (1) of section 5 of the principal Act, for the wordsuof'seetion 5. “prescribed remove or cause to be removed such manner as may beprescribed remove or cause to be removed premises”; the following words' shall be substituted, namely,—
“prescribed, remove or cause to be removed or dispose of by publicauction, any property remaining on such premises”.
Amendment 7. In sub-section (5) of section 6 of the principal Act, the following’Of 560““ 6- words shall be added at the end before the full stop, namely,—
“and shall not be called in question in any suit, application orexecution proceeding and no injunction shall be issued 'by any court
(not being the Supreme Court or High Court) 01' any authority inrespect of any action taken or to be taken in pursuance of any power
conferred by or under this Act”.
Insertion of 8. . After section 6 of the principal Act, the following new sectionsnew sections ‘ . ,1 e1 _
6A and 6B. shall be added, nam _y’
“Offence 6A. (1) If any person who has been evicted from any public
““1 Penalty- 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 three years or
with fine which may extend to three thousand rupees 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
other action that may be taken against him under this Act.
flower to
obtain .
information.
9.
6B. If the competent authority has reason to believe that anyperson is in unauthourised occupation of any public premism,the competent authority or any: other oflicer authorised by himin this behalf may require that person or any other person tofurnish information relating to the name and other particularsof the person in occupation of the public premises and everyperson so required shall be bound to furnish the informationin his possession”.
In section 7 of the principal Act, between the words “under”and “provided”, the word “and” shall be inserted.
10.
shall be
“Protection
of action
taken in
good faith.
After section 7 of the principal Act, the following new sectionadded, namely,—
7A. No suit, prosecution or other legal proceeding shalllie against the Government or the Revenue Commissioneror the competent authority in respect of anything which isin good faith done in pursuance of this Act or of any'ruiesor orders made thereunder.”.
Amendment
of section 7.
Addition of
new sectio:
7A.

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