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PARLIAMENT BILLS

THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) AMENDMENT BILL, 2019

KEY HIGHLIGHTS OF THE ACT

  • The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019 was introduced by the Minister of Housing and Urban Affairs on July 8, 2019. 
  • The Bill amends the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.  The Act provides for the eviction of unauthorised occupants from public premises in certain cases

 Residential accommodation 

  • Residential accommodation occupation is defined as the occupation of public premises by a person on the grant of a license for such occupation.  The license must be given for a fixed tenure, or for the period the person holds office.  
  • Also, the occupation must be allowed under the rules made by the central, state or union territory government, or a statutory authority (such as Parliament Secretariat, or a central government company, or premises belonging to a state government). 

Notice for eviction 

  • The Bill has a provision laying down the procedure for eviction from residential accommodation.  It requires an estate officer (an officer of the central government) to issue a written notice to a person if he is in unauthorised occupation of a residential accommodation.  
  • The notice will require the person to show cause of why an eviction order should not be made against him, within 3 working days. The written notice must be fixed to a conspicuous part of the accommodation, in a prescribed manner. 

 Order of eviction

  • The estate officer will make an order for eviction, after considering the cause shown, and making any other inquiries.
  • If the person fails to comply with the order, the estate officer may evict such person from the residential accommodation, and take possession of it.  
    • For this purpose, the estate officer may also use such force as necessary.

 Payment of damages

  • If the person in unauthorised occupation of the residential accommodation challenges the eviction order passed by the estate officer in court, he will be required to pay damages for every month of such occupation.  

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