LexThe Telangana Public Premises (Eviction of Unauthorised Occupants) Act, 1968.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PUBLIC PREMISES (EVICTION OF
UNAUTHORISED OCCUPANTS) ACT, 1968.
(ACT NO. 20 OF 1968)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and extent.
2. Definitions.
3. Appointment of estate officer.
4. Issue of notice to show cause against order of
eviction.
5. Eviction of unauthorized occupants.
6. Disposal of property left on public premises by
unauthorized occupants.
7. Power to recover rent or damages in respect of
public premises as arrears of land revenue.
8. Powers of estate officer.
9. Appeals.
10. Finality of orders.
11. Bar of jurisdiction.
12. Offences and Penalties.
13. Power to obtain information.
14. Liability of heirs and legal representatives.
15. Recovery of rent, etc., as an arrear of land
revenue.
16. Protection of action taken in good faith.
17. Delegation of powers.
18. Power to make rules.
2 [Act No. 20 of 1968]
19. Telangana Land Encroachment Act, 1905 not to
apply to garden, etc., appertaining to public
premises.
20. Repeal of Act XXXVII of 1961.
THE TELANGANA PUBLIC PREMISES (EVICTION OF
UNAUTHORISED OCCUPANTS) ACT, 1968.1
ACT No.20 OF 1968.
1. (1) This Act may be called 2the T elangana Public
Premises (Eviction of Unauthorised Occupants) Act, 1968.
(2) It extends to the whole of the 2State of Telangana.
2. In this Act, unless the context otherwise requires,-
3[(a) “corporate authority” means,-
(i) any local authority;
(ii) any company or corporation referred to in
clause (d);]
4[(aa)] “estate officer ” means an officer appointed as
such by the Government under section 3;
(b) “Government” means the State Government;
(c) “notification” means a notification published in the
2Telangana Gazette and the expression “notified” shall be
construed accordingly;
1. The Andhra Pradesh Public Premises (Eviction of Unauthorised
Occupants) Act, 1968 received th e assent of the President on
05.10.1968.The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide . the Telangana Adaptation of Laws Order, 2016, issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Inserted by Act No.15 of 1986.
4. Clause (a) relettered as clause (aa) by Act No.15 of 1986.
Short title and
extent.
Definitions.
2 [Act No. 20 of 1968]
5[(d) “public premises” means any premises belonging
to or taken on lease or requisitioned by , or on behalf of the
Government; and includes any premises belonging to, or
taken on lease by, or on behalf of,-
(i) any local authority;
(ii) any company as defined in section 3 of the
6Companies Act, 1956, in which not less than fifty -one per
cent of the paid up share capital is held by the Government;
and
(iii) any corporation (not being a company as defined
in section 3 of the 6Companies Act, 1956 or a local authority
established) by or under a Central Act or a State Act and
owned or controlled by the Government;]
(e) “premises” means 5[any land or building or any part
thereof] and includes—
(i) out-houses, gardens, grounds and vacant sites, if
any, appertaining to such building or part of a building;
(ii) any fittings affixed to such building or part of a
building for the more beneficial enjoyment thereof;
(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—
5. Substituted by Act No.15 of 1986.
6. See now the relevant provisions of the Companies Act, 2013 (Central
Act 18 of 2013).
[Act No. 20 of 1968] 3
(i) any charge for electricity, water or any other
services in connection with the occupation of the premises;
(ii) any tax (by what ever name called) payable in
respect of the premises, where such charge or tax is
payable by the Government 7[or the corporate authority];
(h) “unauthorised occupation’’ in relation to any public
premises, means the o ccupation 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) under which he was allowed
to occupy the premises has expired or has been determined
for any reason whatsoever.
3. The Government may, by notification—
(a) appoint such persons, being gazetted officers of
Government, 7[or officers of equivalent rank of the corporate
authority] as they think fit, to be estate officers for the
purpose of this Act; and
(b) define the local limits within which, or the categories
of public premises in respect of which, each estate officer
shall exercise the powers conferred, and perform the duties
imposed, on estate officer by or under this Act.
4. (1) If the estate officer is of opinion that any person is in
unauthorised occupation of any public premises and that he
should be evicted, the estate office r 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.
7. Inserted by Act No.15 of 1986.
Appointment of
estate officer.
Issue of notice to
show cause
against order of
eviction.
4 [Act No. 20 of 1968]
(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 estate officer shall 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, whereupon the notice shall
be deemed to have been duly given to all persons
concerned.
(4) Where the estate officer knows or has reason to
believe that any person is 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 registered post or by delivering or
tendering it to that person or in such other mann er as may
be prescribed.
5. (1) If, after considering the cause, if any, shown by any
person in pursuan ce of a notice under section 4 an d any
evidence he may produce in support of the same and after
giving him an opportunity of being heard, the estate officer
is satisfied that the public premises are in unauthorised
occupation, the estate officer may, for reasons to be
recorded, on a date to be fixed for the purpose, make an
order of eviction, directing that the pu blic premises shall be
vacated by all pe rsons who may be in occupa tion thereof
and cause a copy of the order to be af fixed on the outer
Eviction of
unauthorised
occupants.
[Act No. 20 of 1968] 5
door or some other conspicuous part of the public
premises.
(2) If any person refuses or fails to comply with the
order of eviction within thirty days of the date of its
publication under sub -section (1 ), the estate officer or any
other officer duly author ised by the estate 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.
6. (1) Where any person has been evicted from any
public premises under section 5, the estate officer may, after
giving fourteen days notice to the person 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
dispose of by public auction any property remaining on
such premises.
(2) Where a ny property is sold under sub -section (1),
the sale proceeds shall, after deducting the expenses of the
sale and the amoun t, if any, due to the Government 8[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 estate officer to be entitled to the same:
Provided that where the estate officer is unable to
decide as to the person or persons to whom the balance of
the amount is payable or as to the appor tionment of the
same, he may refer such dispute to the civil court of
competent jurisdiction and the de cision of the court thereon
shall be final.
8. Inserted by Act No.15 of 1986.
Disposal of
property left on
public premises
by unauthorised
occupants.
6 [Act No. 20 of 1968]
7. (1) Where any person is in arrears of r ent payable in
respect of any public premises, the estate officer 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 (whether
before or after the commencement of this Act ) been in
unauthorised occupation of any public premises, the estate
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 prem ises 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 sho uld not be made, and until his
objections, if any, a nd any evidence he may produce in
support of the same, have been considered by the estate
officer.
8. An estate 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 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; and
(c) any other matter which may be prescribed.
Power to recover
rent or damages
in respect of
public premises
as arrears of land
revenue.
Powers of estate
officer.
Central Act 5 of 1908.
[Act No. 20 of 1968] 7
9. (1) An appeal shall lie from every order of the estate
officer made in respect of any public premises under section
5 or section 7 to an appellate officer who shall be the district
judge of the district in which the public premises are situate
or such other judicial officer in that dist rict of not less than
ten years standing as the district judge may designate in
this behalf.
(2) An appea l under sub -section (1) shall be
preferred—
(a) in the case of an appeal from an order under
section 5, within fifteen 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 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 days, if he
is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time.
9[(3) Where an appeal is preferred from an order of the
Estate Officer, no order for stay of operation thereof shall be
made by the appellate officer pending disposal of the said
appeal, unless the appellate officer is satisfied -
(i) that substantial loss may result to the party
applying for stay, unless the order is made; and
(ii) that security has been given by the app ellant for
the due performance of such order as may ultimately be
binding upon him.]
9. Substituted by Act No.60 of 1976.
Appeals.
8 [Act No. 20 of 1968]
(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) An order made by an appellate officer, shall be
executable by the estate officer concerned as if it were an
order made by him under sub -section (1) of section 5 or
section 7, as the case may be.
(7) For the purposes of this section, the cities of
Hyderabad and Secunderabad shall be deemed to be a
district and the Chief Judge or the Principal Judge of the
City Civil Court therein shall be deemed to be the District
Judge of the said district.
10. Save as otherwise expressly provided in this Act, every
order made by an estate 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.
10[11. 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 7 or the damages payable under sub -section (2)
of that section or the costs awa rded to the Government or
the corporate authority under sub -section (5) of section 9 or
any portion of such rent, damages or costs.]
10. Substituted by Act No.15 of 1986.
Finality of orders.
Bar of jurisdiction.
[Act No. 20 of 1968] 9
12. (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 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 action that may be taken against him under
this Act.
13. If the estate officer has reason to believe that any
person is in unauthorised occupation of any public
premises, the estate officer or any other officer authorised
by him in this behalf may require such person or any other
person to furnish information rela ting 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.
14. (1) Where a ny person against whom any proceeding
for the determination of arrears of rent or for the assessment
of damages is to be o r 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 Government 11[or the
corporate authority] from any person whether by way of
arrears of rent or damages or costs shall, after the death o f
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.
11. Inserted by Act No.15 of 1986.
Offences and
penalties.
Power to obtain
information.
Liability of heirs
and legal
representatives.
10 [Act No. 20 of 1968]
15. 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 o r costs
awarded to the Government 12[or the corporate authority]
under sub -section (5) of section 9, or any portion of such
rent, damages or costs, with in the time, if any, specified
therefor in the order relating thereto, the estate officer may
issue a certificate for the amount due, to the District
Collector who shall proceed to recover the same as an
arrear of land revenue.
16. No suit, prosecution or other legal proceeding shall lie
against the Government 12[or the corporate authority] or the
appellate officer or the estate 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.
17. The Government may, by notification, direct that any
power exercisable by them under this Act shall, subject to
such conditions, if any, as may be specified in the
notification, be exercisable also by such officer of the
Government as may be specified therein.
18. (1) The Government may, by notification, make rules
for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the genera lity
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 thi s Act and the manner in which it may be
served;
12. Inserted by Act No.15 of 1986.
Recovery of rent,
etc., as an arrear
of land revenue.
Protection of
action taken in
good faith.
Delegation of
powers.
Power to make
rules.
[Act No. 20 of 1968] 11
(b) the holding of inquiries under this Act;
(c) the distribution and allocation of work to estate
officers and the transfer of any proceeding pending before
one estate officer to another estate officer;
(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 account in assessing such damages;
(f) the manner in which appeals may be preferred
and the procedure to be followed in appeals; and
(g) any other matter which has to be, or may be,
prescribed.
(3) Every rule made under this section shall,
immediately after it is made, be laid before each House of
the State Legislature if it is in session and if it is not in
session, in the session immediately following, for a total
period of fourteen days which may be comprised in one
session, or in two successive sessions, and if, before the
expiration of the session in which it is so laid or the session
immediately following both Houses agree in making any
modification in the rule or in the annulment of the rule, the
rule shall, from the date on which the modification or
annulment is notified, have effect only in such modified form
or shall stand annulled as the ca se may be; so however that
any such modification or annulment shall be without
prejudice to the validity of anything previously done under
that rule.
12 [Act No. 20 of 1968]
19. The provisions of the 13Telangana Land Encroachment
Act, 1905 shall not apply to the garden, ground or vacant
site, appertaining to any public premises.
20. (1) The Andhra Pradesh Public Premises (Eviction of
Unauthorised Occupants) Act, 1961 is hereby repealed.
(2) Upon such repeal the provisions of sections 8 and
18 of the 13Telangana General Clauses Act, 1891 shall
apply:
Provided that all proceedings pending before any
officer or authority under the provisions of the repealed Act
may be continued by the appropriate officer or authority
under this Act, as if this Act had been in force on the day on
which the said proceedings were instituted.
* * *
13. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Repeal of Act
XXXVII of 1961.
Act I of 1891.
Telangana Land
Encrochment Act,
1905 not to apply
to garden, etc.,
appertaining to
public premises.