The Meghalaya Public Premises (Eviction of Unauthorised Occupants) (Act No.15 of 1980)

MEGHALAYA ACT 15 OF 1980
THE MEGHALAYA PUBLIC PREMISES (EVICTIONOF UNAUTHORISED OCCUPANTS)
ACT, 1980
(As passed by the Assembly)
[Received the assent of the Governor on 7th July, 1980]
(Published in the Gazette of Meghalaya Extraordinary, dated 9th July, 1980)
An
Act
to provide for the eviction of unauthorised occupants from public premises and for certain
incidental matters.
Be it enacted by the Legislature of Meghalaya in the Thirty-first year of the Republic of
India as follows:-
Short title, extent and
commencement
1. (1) This Act may be called the Meghalaya Public Premises
(Eviction or Unauthorised Occupants) Act, 1980.
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force at once.
Definitions 2. In this Act, unless the context otherwise require,-
(a) “Board of Revenue” means the Meghalaya Board of
Revenue constituted under the Meghalaya Board of
Revenue Act (Assam Act XXI of 1962 as adapted by
Meghalaya);
(b) “Corporate authority” means-
i. any company as defined in Section 3 of the
Companies Act, 1956, (1 of 1956) in which  not
less than fifty -one percent of the paid up share
capital is held by the State Government.
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ii. any corporation, board, public undertaking,
institution or any other authority, whether
statutory or not, owned, controlled or sponsored
by the State Government.
iii. a municipal corporation, municipality or town
committee constituted or established by or under
any State Act.
iv. the Meghalaya State Electricity Board.
v. the Meghalaya Transport Corporation, and
vi. the Meghalaya Co-operative Apex Bank Ltd.
(c) “Deputy Commissioner” includes the Additional
Deputy Commissioner and the Sub -divisional Officer
within their respective jurisdiction ;
(d) “Premises” means any land or any building or part of
a building and includes,-
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) “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, a
corporate authority;
(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.
ii. Any tax (by whatever name called; payable
in respect of the premises,
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Where such charge or tax is payable by the State Government or
the corporate authority;
(h) “State Government” means the State Government
of Meghalaya;
(i) “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 (whether by way of grant or any
other mode of transfer grant under which he was
allowed to occupy the premises has expired or has
been determined for any reason whatever.
Issue of notice to show
cause against order of
eviction.
3. (1) If the Deputy Commissioner is of opinion that any persons
are in unauthorised occupation of any public premises and that
they should be evicted the Deputy Commissioner shall issue in
the manner hereinafter provided a notice in writing calling upon
all persons concerned to show cause why an order of e viction
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 intere st 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 Deputy Commissioner s hall cause the notice to be
served by having it affixed on the outer door or some other
conspicuous part of the public premises, and in such other
manner as may be prescribed, where upon the notice shall be
deemed to have been duly given to all persons concerned.
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(4) Where the Deputy Commissioner knows or has reason
to believe that any persons are in occupation of 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.
Eviction of unauthorised
occupants.
4. If, after considering the cause, if any, shown by any
person in pursuance of a notice under Section 3 and any
evidence he may produce in support of the same and
after giving him a reasonable opportunity of being
heard, the Deputy Commissioner is satisfied that the
public premises are in unauthorised occupation the
Deputy Commissioner may make an order  of eviction,
for reason to be recorded therein, directing that the
public premises shall be vacated, by such date not being
earlier than fifteen days from the date of its service, as
may be in occupation thereof or any pa rt 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 under sub -section (1) the Deputy
Commissioner or any o ther officer duly authorised by
the Deputy Commissioner in this behalf may evict that
person from, and take possession of the public premises
and for that purpose, use such force as may be
necessary.
Disposal of property left on
public premises by
unauthorised occupants.
5. (1) Where any persons have been evicted from any
public premises under Section (4), the Deputy
Commissioner may after giving fourteen days’ notice to
the persons from whom possession of the public
premises has been taken and after publis hing 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 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 Deputy
Commissioner to be entitled to the same;
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Provided that where the Deputy Commissioner is
unable to decide as to the person or persons to whom the
balance of the amount is payable or as to the appointment
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.
Power to require payment of
rent for damages in respect of
public premises.
6. (1) Where any person is in arrears of rent payable in
respect of any public premises, the Deputy
Commissioner may, by order, require that person to pay
the same within such time and in such instalments 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
Deputy Commissioner 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 (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 in by the
Deputy Commissioner.
Powers of Deputy
Commissioner.
7. The Deputy Commissioner shall, for the purpose of
holding any inquiry under this act, have the same
powers are vested in a civil court under the Code of
Civil Procedure, 1908 (5 of 1908), when trying a suit in
respect of the following matters, namely:-
a) Summoning an d enforcing the attendance of
any person and examining him or oath;
b) Requiring the discovery and production of
documents;
c) Any other matter which may be prescribed/
Appeals. 8. (1) An appeal shall lie from every order of the Deputy
Commissioner in respect of any public premises under
Section 4 or Section 6 to the Board of Revenue.
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(2) An appeal under sub -section (1) shall be preferred
within fifteen days from the date on which the order is
Communicated to the appellant:
Provided that t he Board of Revenue may
entertain the appeal after the expiry of the said period of
fifteen days, if it 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
Deputy Commissioner, the Board of Revenue may stay
the enforcement of that order for such period and on
such conditions as it deems fit.
(4) Every appeal under this section shall be disposed of
by the board of Revenue as expeditiously as possible.
(5) The costs of any appeal under this section shall be
in the discretion of the Board of Revenue.
Finality of orders.
9. Save as otherwise expressly provided in this Act, every
order made by a Deputy Commissioner of the Board of
Revenue under this Act shall be final and shall both be
called in question in any original suit, application or
execution proceedings 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.
Offence and penalty. 10. (1) If any person who has been evicted from any public
premises under this Act again occupied 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.
(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.
Power to obtain
information.
11. If the Deputy Commissioner, has reason to believe that
any persons are in unauthorised occupation of any
public premises, the Deputy Commissioner or any other
officer authorised by him in this behalf may require
those persons or any other person in 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.
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Liability of heirs and legal
representatives.
12. (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 proceedings 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 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.
13. If any person refuses or fails to pay the arrears of rent
payable under sub -section (1) of Section 6 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 8
or any portion of such rent, damages or costs, within the
time, if any, specified, therefore in the order relating
thereto, the Deputy Commissioner may issue a
certificate for the amount due to the Collector who shall
proceed to recover the same as an arrear of land
revenue.
Bar of jurisdiction. 14. No court shall have jurisdiction to entertain any suit or
proceeding in respect of the 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 6 or the damages payable under
sub-section (2) of that section or the cost awarded to the
State Government or the corporate authority under sub-
section (5) of Section 8 or any portion of such rent,
damages or costs.
Protection of action taken in
good faith
15. No suit, prosecution of other legal proceeding shall lie
against the State Government or the corporate authority
or the Board of Revenue or the Deputy Commissioner
or any officer of the Government 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.
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Power to make rules. 16. (1) The State Government, may, by notification in the
Official Gazette., make rules for carrying out the
purposes.
(2) In particular, and without prejudiced 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 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;
(c) the distribution and allocation of work to
Deputy Commissioner and the transfer of any
proceeding pending before the Deputy
Commissioner to another Deputy
Commissioner.
(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 accounts to assessing
such damages;
(f) the manner in which appeals may be preferred
and fees thereof;
(g) any other matter which has to be or may be
prescribed.
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