The Tripura Public Premises (Eviction of Unauthorised Occupants) Act, 1982

TRIPURA PUBLIC PREMISES (EVICTION OF UNAUTHORISED 
OCCUPANTS) ACT, 1982*1 
(Act No. 1 of 1983) 
An Act to provide an effective machinery for eviction of unauthorised occupants from public premises and 
certain incidental matters 
Be it enacted by the Legislative Assembly of Tripura in the Thirty-third year of the Republic of India as follows : 
1. Short title, extent, and commencement. (1) This Act may be called the  Tripura Public Premises (Eviction of 
Unauthorised Occupants) Act, 1982. 
(2) It extends to the whole of the Tripura. 
(3) It shall come into force at once. 
2. Definitions. In this Act unless the context otherwise requires— 
(a) “Estate Officer” means an officer appointed as such by the State Government under S. 3 ; 
(b) “Premises” means any land or any building or part of a building and includes,— 
(i) that 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; 
(c) “prescribed” means prescribed by rules made under this Act; 
(d) “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 company as defined in S. 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 ; or 
(ii) any Corporation (not being a company as defined in S. 3 of the Companies Act, 1956 or a local authority) estab-
lished by or under a Central or State Act and owned or controlled by the State Government ; or 
(iii) any Municipal Committee or Notified Area Authority ; 
(iv) any gaon sabha constituted under U. P. Panchayat Raj Act as extended to Tripura ; 
(e) “rent” in relation to any public premises,  means the con sideration 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 or the statutory authority ; 
where such charge or tax is payable by the State Government or the statutory authority ; 
(f) “statutory authority” means any authority referred to in Cl. (d) of this section ; 
(g) “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)  under which he was 
allowed to occupy the premises has expired or has been determined for any reason whatsoever. 
3. Appointment of Estate Officers. The State Government may, by notification in the official Gazette— 
(a) appoint such persons, being Gazetted officers of the Govern ment, officers of equivalent in rank of the corporate 
or statutory authority, as it thinks fit to be Estate Officers for the purposes of this Act : 
                                                
1 *Published in the Tripura Gazette, dated 21-3-1983. 
  
Provided that an officer of a corporate or statutory authority shall be appointed, in consultation with that authority, 
as an Estate Officer in respect of only those public premises which are controlled by that authority ; 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 Officers by or under this Act. 
4. Issue of notice to show cause against order of eviction. (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 Officer shall issue in the 
manner hereinafter provided a notice in writing calling upon the 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, 
(i) 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 ; and 
(ii) to appear before the Estate Officer on the date specified in the notice along with the evidence which they intend 
to produce in support of the cause shown, and also for personal hearing, if such hearing is desired. 
(3) The Estate Officer shall cause the notice to be served by having 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. 
5. Eviction of unauthorised occupants.  (1) If, after considering the cause, if any, shown by any person in 
pursuance of a notice  under S. 4 and any evidence produced  by him in support of the same and after personal  
hearing, if any, given under Cl. (b) of sub-S. (2) of S. 4, the Estate Officer is satisfied that the public premises are in 
unauthorised occupation, the Estate 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 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-S (1), the Estate Officer or any other officer duly authorised by the Estate Officer in this behalf may, after 
the expiry of the period aforesaid, evict that person from, and take possession of, the public premises and may, for 
that purpose, use such force as may be necessary. 
6. Power to remove unauthorised constructions etc. (1) No person shall—: 
(a) erect or place or raise any building or other structure or fixture ; or 
(b) bring or keep any cattle or other animal ; or 
(c) display or spread any goods, on or against, or in front of any public  premises except in accordance with the 
authority (whether by way of grant or an y other mode  of transfer) under which he was allowed to occupy such 
premises. 
(2) Where any building or other structure or fixture has been erect ed or any cattle or other animal has been brought 
on, or any goods have been displayed or spread, in public pr emises in contravention of the provisions of sub-S. (1), 
the Estate Officer may serve upon the per son erecting such building or other structure or fixture or bringing such 
cattle or other animal or displaying or spreading such goods on the public premises , a notice requiring him either to 
remove, or to show cause why he shall not remove such building, other structure or fixture, or, as the case may be, 
such goods or cattle or other animal from the public premises within such period, not being less than sev en days, as 
he may specify in the notice, and on the omission or refusal of such person either to show cause, or to remove such 
building or ether structure or fixture, or as the case may be, such goods or cattle or other animal from the public 
premises, or, where the cause shown is not in the opinion of the Estate Officer sufficient, the Estate Officer ma y 
remove the building or other structure or fixture, or, as the case may be, such goods or cattle or other animal from 
the public premises and recover the costs of such removal from the person aforesaid as an arrear of land revenue. 
7. Order of demolition of unauthorised construction. (1) Where the erection of any building or  execution of any 
work has been commenced, or is being carried on, or has been  completed, on any public premises by any person in 
occupation of such public premises under an authority (whether by way of grant or any other mode of transfer), and 
such erection of building or execution of work is in contravention of, or not authorised by such authority, then, the 
Estate Officer may, in addition to any other action that maybe taken under this Act, or in accordance with the terms 
of the authority aforesaid, make an order, for reasons to be recorded therein, directing that such  erection or wor k 
shall be demolished by the person at whose instance the erection or work has been commenced, or is being carried  
on, or has been completed, or within such period, as may be specified in the order, not being less than seven days, or 
more than fifteen days, from the date of publication of the order under sub-S. (3) : 
Provided that no order under this sub section shall be made unless the person concerned has been given, by means of 
a notice served in the prescribed manner, a reasonable opportunity of showi ng cause why such order should not be 
made. 
(2) Where the erection or work has not been completed, the Estate Officer may, by the same order or by a separate 
order, whether made at the time of the issue of the notice under the proviso to sub -S. (1) or at any other time, direct 
the person at whose instance the erection or work has been commenced or is being carried on, to stop the erection or 
work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred 
under S. 11. 
(3) The Estate Officer shall cause every order made  under sub-S. (1), or as the case may be under sub -S. (2), to be 
affixed on the outer door, or some other conspicuous part, of the public premises. 
(4) Where no appeal has been preferred against the order of demolition made by the Estate Officer under sub-S. (1) 
or where an  order of demolition made by the  Estate Officer under that sub -section has been confirmed on appeal,  
whether with or without variation, the person against whom the  order has been made shall comply with the order 
within the period specified therein, or, as the case may be, within the period, if any, fixed by the appellate officer on 
appeal, and, on the failure of the person to comply with the order within such period, the Estate Officer or any other 
officer duly authorised by the Estate Officer in this behalf, may cause the erection or work to which the order relates 
to be demolished. 
(5) Where an erection or work has been demolished, the Estate Officer may, by order, require the person concerned 
to pay the expenses of such demolition within such time, and in such number of installments, as may be specified in 
the order. 
8. Disposal of property left OH public premises by unauthorised occupants.  (1) Where any person has been 
evicted from any public premises under S. 5, or where any building or other work has been demolished under S. 7, 
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 left by such person and remaining on such 
premises. 
(2) Where any materials, cattle or other animal *have been removed from any public premises under S. 6, the Estate 
Officer may, after giving fourteen days' notice to the persons owning such materials, cattle or other animal and after 
publishing the notice in at least one newspaper having circulation in the locality, dispose of, by public auction, such 
materials, cattle or other animal. 
(3) Notwithstanding anything contained in sub -Ss. (1) and (2), the giving or publication of any  notice referred to 
therein shall not be necessary in respect of any property which is subject to speedy and natural decay, and the Estate 
Officer may, after recording such evidence as he may think fit, cause such property to be sold or otherwise disposed 
of in such manner as he may think fit. 
(4) Where any property is sold under sub-S (1), the sale proceeds 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 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 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. 
(5) The expression „costs‟, referred to in sub-S. (4) shall include the cost of removal recoverable under S. 6 and the 
expenses of demolition recoverable under S. 7. 
9. 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 Estate Officer may, by order, require that person to pay 
the same within such time and in such installments 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 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 premises and may by  order, require that person to pay the damages 
within such time and in such installments as may be specified in the order, 
(3) While making an order under sub-S. (1) or sub-S. (2), the Estate Officer may direct that the arrears of rent or, as 
the case may be, damages shall be payable together with simple interest at such rate as may be prescribed, noticing a 
rate exceeding the current rate of interest within the meaning of the Interest Act, 1978. 
(4) No order under  sub-S. (1) or  sub S. (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 Estate Officer. 
10. Powers of Estate Officers. 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 (Central Act 5 of 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. 
11. Appeals. (1) An appeal shall lie from every order of the Estate Officer made in respect of any public premises 
under S. 5 or S. 7 or S. 9, to an appellate officer who” shall be the District Magistrate and Collector of the district in 
which the public premises are situate. 
(2) An appeal under sub-S. (1) shall be preferred— 
(a) in the case of an appeal from an order under S . 5, within fifteen days from the date of publication of the order 
under sub-S. (1) of that section ; and 
(b) in the case of an appeal from an order under S. 7 or S. 9, 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. 
(3) Where an appeal is preferred from an order of the Estate Officer, the appellate officer may stay the enforcement 
of that order for such period and on such conditions as he deems fit. 
Provided that where the construction or erection of any building or other structure or fixture or executi on of any 
other work was not completed on the day on which an order was made under S. 7 for the demo lition or removal of-
such building or other structure or fixture, the appellate officer shall not make any order for the stay of enforcement 
of such order, unless such security, as may be sufficient in the opinion of the appellate officer, has been given by the 
appellant for not proceeding with such construction, erection or work pending the disposal of the appeal. 
(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. 
(5) The cost of any appeal under this section shall be in the discretion of the appellate officer. 
(6) The State Government may call for and examine the record  of any case pending befo re or disposed by any 
appellate officer for the purpose of satisfying itself as to the legality or propriety of any decision made or order 
passed by that officer and may make such order in the case as it thinks fit. 
12. Finality of orders. 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 
executive proceeding and no  injunction shall be granted by an y 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. 
13. Offences and penalties. (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 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 -S. (1) m ay make an order for convicting 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. 
14. Power to obtain  information. If the Estate Officer has reason 5lieve that any pe rsons are in unauthorised 
occupation of any public  premises, the Estate Officer or any other officer authorised by him in this  behalf may 
require those persons or any other person to furnish informa tion relating to the names or 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. 
15. 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 the damages or for the determination of the amount payable 
by way of interest  on such arrears of rent or damages, or for recovery of any  cost under sub-S. (2) of S. 6 or any 
expenses under sub -S. (5) of S.  7, is t o 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 o r the statutory authority from any person whether by way of arrears 
of rent or damages or costs of removal referred to in S. 6 or expenses of demolition referred to in S. 7 or interest 
referred to in sub S. (3) of S. 9 or any other cost shall, after the d eath 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. 
16. Recovery of rent,  etc., as an area of land revenue. If any person refuses or fails to  pay the expenses of 
demolition payable under sub -S. (5) of S. 7 or the arrears of rent payable under sub -S. (1) of S. 9 or the damages 
payable under sub-S. (2) or the interest determined under sub-S. (3) of that section or the costs awarded to the State 
Government or the statutory authority under sub -S. (5) of S. 11 or any portion of such rent, damages, expenses, 
interest or costs, within the time, if any or specified therefor in the order relating thereto, the Estate Officer may 
issue a certificate for t he amount due to the Collector who shall proceed to recover the same as an arrear of land 
revenue. 
17. Bar of jurisdiction. No Court shall have jurisdiction to entertain any suit or proceeding in respect of,— 
(a) the eviction of any person who is in unauthorised occupation of any public premises ; or 
(b) the removal of any building, structure or fixture or cattle or other animal from any public premises under S. 6, or 
(c) the demolition of any building or other structure made, or ordered to be made, under S. 7, or 
(d) the arrears of rent payable under sub-S. (1) of S. 9 or damages payable under sub-S. (2), or interest payable under 
sub-S. (3), of that section ; or 
(e) the recovery of— 
(i) costs of removal of any building, structure or fixture or goods, cattle or other animal under S. 6, or 
(ii) expenses of demolition under S. 7, or 
(iii) costs awarded to the State Government or statutory authority under sub-S. (5) of S. 11, or 
(iv) any portion of such rent, damages, costs of removal, expenses of demolition or  costs awarded to the State 
Government or the statutory authority. 
18. Protection of action taken in good faith . No suit, prosecution or other legal proceeding shall lie against the 
State Government or the statutory 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. 
19. Delegation of power. The State Government may, by notifica tion in the official Gazette, dire ct that any power 
exercisable by it under this Act shall, subject to such conditions,  if any, as may be specified  in the notification, be 
exercisable also by an officer of the State Government. 
20. Power to make rules.  (1) The State Government may, by not ification in the official Gazette, 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 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 Estate Officers and the  transfer of any proceeding pending before an 
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 be laid as soon a s may be after it is made, before the Legislative 
Assembly of Tripura while it is in session for a total period of fourteen days which may be comprised in one session 
or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the  sessions 
immediately following the session or  the successive  sessions aforesaid, |the  House agrees in making any 
modification in the  rule or the House agree that the rule should not be made, the rule shall thereafter have effect, 
only an such modified form or be of no effect, as the case may be ; so how ever, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 
  

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