Smooth & Speedy Eviction of Unauthorised Occupants from Government Residential Accommodation

The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019 which was passed by the Parliament during the Budget Session, 2019 has come into effect from yesterday, i.e. 16-09-2019. The Gazette Notification in this regard has been issued.

This would facilitate smooth and speedy eviction of unauthorised occupants from Government residential accommodations, and ensure retrieval of these residential accommodations from unauthorised occupants without requiring elaborate procedures under Sections 4 and 5 of the Act. This is expected to further increase the availability of Government residential accommodations for eligible persons and reduce the waiting period.

As per the Amendment Act, the Estate officer will issue short Show cause notice of three days before the eviction of the unauthorized occupant from Government accommodation.

The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was enacted to provide for eviction of unauthorised occupants from “public premises” and for certain incidental matters. Government provides residential accommodation on licence basis to its employees, Members of Parliament and other dignitaries while they are in service or till the term of their office. As per the existing allotment rules, after the end of eligibility as per the terms and conditions of the licence, the occupants of such residential accommodations become unauthorised occupants and are to vacate the same. The Act confers powers upon the estate officers to evict such unauthorised occupants from “public premises” in a smooth, speedy and time-bound manner. Under the existing provisions, the eviction proceedings of unauthorised occupants from “public premises” takes around five to seven weeks’ time. It may take around four more weeks in case the unauthorised occupants file an appeal before the District Court under the Act. However, eviction proceedings take a much longer period than the timeline prescribed in the Act. Sometimes, it takes years to evict the unauthorised occupants, especially, if the unauthorised occupant approaches higher courts.

Ministry of Housing & Urban Affairs

[Press Release dt. 16-09-2019]

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