The UTTAR PRADESH PUBLIC PREMISIS (EVICTION OF CERTAIN UNAUTHORISED OCCUPANTS) ACT, 2010

THE UTTAR  PRADESH PUBLIC PREMISES (EVICTION OF CERTAIN 
UNAUTHORISED OCCUPANTS) ACT, 20101 
(U.P. ACT NO. 12 OF 2010) 
 
ARRANGEMENT OF SECTIONS 
SECTIONS 
1- Short title 
2- Definitions 
3- Eviction of unauthorised occupant 
4- Recovery of rent or damages in respect of public premises 
5- Finality of orders 
6- Offences and penalty 
7- Liability of heirs and legal representatives 
8- Recovery of rent, etc, as arrears of Land Revenue 
9- Bar of jurisdiction 
10- Protection of action taken in good faith 
11- Power to make Rules 
 
THE UTTAR  PRADESH PUBLIC PREMISES (EVICTION OF CERTAIN 
UNAUTHORISED OCCUPANTS) ACT, 20101 
(U.P. ACT NO. 12 OF 2010) 
[As passed by the Uttar Pradesh Legislature] 
AN 
ACT 
        to provide for the eviction of unauthorised occupants belonging to the Non -Government 
Organisation, Political Parties, Societies, Trusts, Trade Unions, Employees Associations, Outfits or Frontal 
Organisations of Political Parties or Non-Government  Persons from the Government premises situated at 
Lucknow and under the administrative control of the Estate Department and for matter connected there 
with or incidental there to. 
          IT IS HEREBY enacted in the Sixty–first Year of the Republic of India as follows:- 
Short title 
 
Definitions 
 
1. This Act may be called the Uttar Pradesh public Premises (Eviction of certain 
Unauthorised Occupants) Act, 2010. 
2. In this Act, unless the context otherwise requires,- 
(a) "Employees Association or anybody of persons " means an Employee 
Association or a body of persons whether incorporated or not; 
(b) "Estate Officer" means the Officer -in-charge of Estates to the Government of 
Uttar Pradesh; 
(c) "Lucknow" means the area within the jurisdiction of Lucknow Development 
Authority; 
(d) "Non-Government Organisations" means an Organisation, whether 
incorporate or registered or not; 
(e) "Non-Government Person" means any person who is not a Government 
Servant, or office bearer or representative of a Society, Trust or an ybody of 
persons, whether incorporated or not; 
(f) "Outfit or frontal or other Organisation " means an outfit or a frontal or any 
other Organisation of a Political Party whether recognised or not; 
 
 
1.For SOR see Extra Ordinary Gazette Dated  05.03.2010  (w.e.f. 05.03.2010) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Eviction of 
unauthorised 
occupant 
 
 
 
 
 
 
 
 
 
 
Recovery of 
rent or 
damages in 
respect of 
public 
premises 
 
 
 
(g) "Political Party " means a party not recognised by the Election Commission 
of India; 
(h) "Public P remises" means any premises belonging to or taken on lease or 
requisitioned by or on behalf of the State Government in Lucknow  and under 
the administrative control of Estate Department of the Government of Uttar 
Pradesh; 
(i)  "Rent", in relation to any public premises, mean s the consideration 
payable periodically for the authorised occu pation of the premi ses, and 
includes- 
(i) any charge for water or any other services or any other thing supplied 
in connection with the occupation of the Premises;  
(ii) Tax (by whatever  name called) payable in respect of the Premises; 
(j) " Society " means a Society registered under the Societies Registration Act, 
1860; 
(k) " Trade  Union " means a Trade Un ion registered under the Trade U nions 
Act, 1926; 
(l)  " Trust " means a Trust registered under the Indian Trusts Act, 1888; 
(m) " Unauthorised Occupation " means the unauthorised oc cupation as 
defined in the Uttar Pradesh Public premises (Eviction of Unauthori sed 
occupants ) Act, 1972; 
 
3. if any Non -Government Organiz ation, Political Party,  Society, Trust, Trade 
Union, Employees Association or any Body of persons, Outfit or frontal or other 
Organization, Non -Government Person, for the use of whom an 
accommodation at Lucknow has been provided by the Estate De partment of 
Uttar Pradesh, is in Occupation of an accommodation after the e xpiration of 
the period of  allotment or the capacity in which was allowed to occupy such 
accommodation, the State government or an officer authorized by it in this 
behalf may by notice in writing require such person to vacate the said 
accommodation within 15 days, and if such perso n fails to vacate the said 
accommodation within the said period, an officer authorised by  the State 
Government in this behalf may take possession of the accommodation and 
may for the purpose use such force as may be  necessary in the circumstances. 
 
4.(1) where any Non Govern ment Organization, political Party , Society, Trust, 
Trade Union, Employees Association or anybody of persons, Outfit or frontal or 
other Organization, Non -Government person, is in arrears of rent for three 
months payable in respect of any public premises, any officer authorized by the 
State Government in this behalf may by notice require the concerned occupant 
to pay such arrears within the period specified in the notice and if the 
concerned occupant fails to pay such arrears, the premis es concerned shall be 
deemed to be an unauthorized occupation. 
    (2) Where any Non Govern ment Organization, Political Party , Society, Trust, 
 
 
 
 
 
 
 
Finality of 
orders 
 
 
 
 
 
Offences and 
penalty 
 
 
 
 
 
 
 
Liability of 
heirs and legal 
representatives 
 
 
 
Recovery of 
rent, etc, as 
arrears of Land 
Revenue 
 
 
Bar of 
jurisdiction 
 
 
Protection of 
action taken in 
good faith 
 
Trade Union, Employees Association or anybody of persons, outfit or frontal o r 
other Organization, Non -Government person, is or has at any time been in 
unauthorized occupation of any public premises, any officer authorized in  this 
behalf by the State Government may by notice re quire the Unauthorised 
Occupant to pay the damages for which he has been found to be resp onsible 
within the period specified in the notice. 
 
5. Save as otherwise expressly provided in this Act, every order made by the 
State Government or an authorised officer under thes e 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 autho rity 
in respect of any action taken or to be taken in pur suance of any power 
conferred by or under this Act. 
 
6. (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 -section (1) may make an 
order for evicting that person summarily and such person shall be liable to such 
eviction without prejudice to any other action that may be  taken against him 
under this Act.  
 
7.  Any amount due to the State govern ment from any person whether by way 
of arrears of rent or damages, after the death of the person, be payable by his 
heirs or legal representatives but their liability shal l be limited to the ext ent of 
the assets of the d eceased that come into their hands and have no t been duly 
disposed of. 
 
8.  If any person refuses or fails to pay the arrears of ren t payable under sub -
section (1)  or the damages payable under sub -section (2) of section 4  within 
the time, if any, specifie d therefor in t he notice relating thereto, the Es tate 
Officer may issue a certifica te for the amount due to Collector who shall 
proceed to recover the same as arrears of Land Revenue.  
 
9. No Co urt shall have Jurisdiction to entertain any suit or procee dings in 
respect of eviction of any  person who  is in unauthorised occupation o f any 
Public Premises or the recovery of rent or damages. 
 
10. No suits, prosecution or other legal proceeding sh all lie against the State 
Government in respect of anything which is in the good faith done or intended 
to be done in pursuance of this Act or of any rules or orders make there under. 
 
Power to make 
Rules 
 
 
11. (1) The State Government may by notification in the Gazette make Rules for 
carrying out the purposes of this Act. 
      (2) Every rule made under this section shall be laid as soon as may be after 
it is made, before each h ouses of Legislature While it is in  session for a total 
period of fourteen days,  which may be comprised in one session  or in  the 
successive sessions and if, during the said period both Houses agree in making  
any modification in the rule or both Houses agree that the rule should not be 
made the rule shall thereafter have e ffect only in such modified form or be of 
no effect, as the case may b e, s o how ever that any such mo dification or 
annulment shall be without prejudice to the validity of anything previously 
done under that rule. 
 
 

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