Legislation UpdatesNotifications

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]

Legislation UpdatesStatutes/Bills/Ordinances

Parliament received the assent of the President on 09-08-2019 for Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019.

Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2019 is an Act to amend the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

  • Amendment of Section 2:

In Section 2, clause (fa) and clause (fb) shall be renumbered as clause (fb) and (fc) respectively, and before clause (fb) as so renumbered, the following clause shall be inserted, namely:—

‘(fa) “residential accommodation occupation” in relation to any public premises means occupation by any person on grant of licence to him to occupy such premises on the basis of an order of allotment for a fixed tenure or for a period he holds office, in accordance with the rules and instructions issued in this regard, made under the authority of the Central Government, a State Government, a Union territory Administration or statutory authority, as the case may be;’.

  • Insertion of new Section 3B: Eviction from residential accommodation

“3B. (1) Notwithstanding anything contained in Section 4 or Section 5, if the estate officer has information that any person, who was granted residential accommodation occupation, is in unauthorised occupation of the said residential accommodation, he shall—

(a) forthwith issue a notice in writing calling upon such person to show cause within a period of three working days why an order of eviction should not be made;

(b) cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the said residential accommodation, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been served upon such person.

(2) The estate officer shall, after considering the cause, if any, shown by the person on whom the notice is served under sub-section (1) and after making such inquiry as it deems expedient in the circumstances of the case, for reasons to be recorded in writing, make an order of eviction of such person.

(3) If the person iN unauthorised occupation refuses or fails to comply with the order of eviction referred to in sub-section (2), the estate officer may evict such person from the residential accommodation and take possession thereof and may, for that purpose, use such force as may be necessary.”

  • Amendment of Section 7:

After sub-section (3), the following sub-section shall be inserted, namely:—

“(3A) If the person in unauthorised occupation of residential accommodation challenges the eviction order passed by the estate officer under sub-section (2) of Section 3B in any court, he shall pay damages for every month for the residential accommodation held by him.

*Please refer the notification here: NOTIFICATION

Ministry of Law and Justice