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THE ORISSA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1972
THE ORISSA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1972
Orissa Act 7 of 1972
[Received the assent of the President on the 9th February 1972, first published in an extraordinary issue of the Orissa Gazette, dated the 23rd February 1972]
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 the State of Orissa in the Twenty-second Year of the Republic of India, as follows:—
1. Short title, extent and commencement.
(1) This Act may be called the Orissa Public extent and Premises (Eviction of unauthorised Occupants) Act, 1972.
(2) It extends to the whole of the State of Orissa.
(3) It shall be deemed to have come into force on the 21st December 1961 except sections 13, 18 and 19 which shall come into force at once.
2. Definitions.
In this Act, unless the context otherwise requires—
(a) 'Board' means the Orissa State Electricity Board constituted under the Electricity (Supply) Act, 1948;
(b) 'company' means a Government company as defined in section 617 of the Companies Act, 1956, but shall not include any such company in which not less than fifty- one per cent of the paid-up share capital is held by the Central Government;
(c) 'Estate Officer' means an officer appointed as such by the State Government under section 3;
(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 situated within the jurisdiction of a Municipal Council or Notified Area Council constituted under the Orissa 0risso am Municipal Act, 1950 and—
(i) belonging to or taken on lease by the State Government or any Company or by the Board; or
(ii) requisitioned by the State Government;
(g) 'unauthorised occupation’ in relation 10 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 Officer.
The State Government may, by notification—
(a) appoint such persons, being gazette officers of Government or officers of equivalent rank of a Company or the Board, as they think fit, to be Estate Officers for the purposes 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 Officers by or under this Act.
Explanation— For the purposes of clause (a), the expression gazetted officers of Government shall include any such officer who is on deputation to the services of a Company or the Board.
4. Issue of notice to show cause against order of eviction.
(1) If the Estate Officer is of the opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the Estate Officer 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.
(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 so 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 fifteen days from the date of service 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, if any, 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 reasons to believe that any persons are in occupation of the public premises, then, without prejudice to the provisions of sub-section (5), 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.
5. Eviction of unauthorised occupants.
(1) If, after considering the cause, if any shown by any person in pursuance of a notice under section 4 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, 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 recordedtherein, 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 forty-five days of the date of its publication under sub-section (1), the Estate Officer or any other officer duly authorised 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:
Provided that in the case of any such person who is not an employee of the State Government or a Company or the Board, as the case may be, and who has been in continuous occupation of the public premises for a period exceeding three years immediately preceding the date of the publication of the order of eviction, the Estate Officer shall not, if an application is made to him in this behalf, evict such person from the public premises within ninety days of such publication.
6. Disposal of property left on public premises by unauthorised occupants.
(1) where any persons have been evicted from any public premises, under section 5, the Estate Officer may, after giving twenty-one days notice to the persons from whom possession of the public premises has been taken and after publishing the notice in at least two daily newspapers, 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 any property is sold under sub-section (1), the sale-proceeds shall, after deducting the expenses of the sale and the amount, if any, due to the State Government or Company or Board, as the case may be, on account of arrears of rent or damages, 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 disputeto the Civil Court of competent jurisdiction arid the decision of the Court thereon shall be final.
7. Power to recover rent or damages in respect of public premises as arrears land revenue.
(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 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 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 instalments as may be specified in the order:
Provided that no such order shall be made 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 as to 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.
(3) If any person refuses or fails to pay the arrears of rent or any instalment thereof payable under sub-section (1) or the damages or any instalment thereof payable under sub-section (2) within the time specified in the order relating thereto, the Estate Officer may issue a certificate for the amount due to the Collector who shall proceed to recover the same as an arrear of land revenue.
8. Powers of Estate Officer.
An Estate Officer shall, for the purpose of holding any enquiry 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.
9. Appeals.
(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 the Court of the District Judge within whose jurisdiction such premises are situate.
(2) An appeal under sub-section (1) shall be preferred.
(a) in the case of any appeal from an order under section 5, within thirty 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 thirty days from the date on which the order is communicated to the appellant:
Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty 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 Estate Officer, the appellate authority 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 appellate authority as expeditiously as possible.
10. Finality of orders.
Save as otherwise expressly provided in this every order made by an Estate Officer or appellate authority under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding.
11. Power to obtain information.
If the Estate Officer has reason to believe that any persons are in unauthorised occupation of any public premises, he may require those persons or any other person to 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.
12. 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 damages is to 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 representives of that person.
(2) Any amount due to the State Government or Company or Board 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.
13. Offences and penalty.
(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) The 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.
14. Bar of suit and other proceedings.
No suit or other proceeding in respect of matters or disputes for determining or deciding which provision is made in this Act shall be instituted in any Court of Law, except under and in conformity with the provisions of this Act.
15. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the State Government on the appellate authority or the Estate Officer or any other officer duly authorised by the Estate Officer under sub-section (2) of section 5 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.
16. Delegation of powers.
The State 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 an Officer of the Government.
17. Power to make rules.
(1) The State Government may, by notification 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 procedure to be followed in taking possession of public premises;
(d) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages;
(e)the manner in which appeals may be preferred and the procedure to be followed in appeals; and
(f) any other matter which has to be or may be prescribed.
(3) All rules made under this section shall, as soon as may be after they are made, be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions and if during the said period, the State Legislature makes modifications, if any, therein, the rules shall thereafter have effect only in such modified form; So, however, that such modifications shall be without prejudice to the validity of anything previously done under the rules.
18. Repeal.
The Orissa Public Premises (Eviction of Unauthorised Occupants ) Act, 1961, is hereby repealed.
19. Validation.
Notwithstanding any judgment, decree or order of any court, anything done or any action taken (including rules or orders made, notices issued, evictions ordered or effected, damages, assesed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1961 (herein after-in this section referred to as the 1961 Act), shall be deemed to be as valid and effective as if such thing or action was done or taken undet the corresponding provisions of this Act which, under sub-section (3) of section 1, shall be deemed to have come into force on the 21st December 1961 and accordingly—
(a)no suit or other legal proceeding shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under the 1961 Act, where such refund has been claimed merely on the ground that the said Act has been declared to be unconstitutional and void; and
(b)no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under the 1961 Act, merely on the ground that the said Act has been declared to be unconstitutional and void.
