The Assam Public Premises (Eviction of Unauthorised Occupants)Act, 1971 (Single Document)
# ASSAM ACT XX OF 1976

 [Received the assent of the Governor on the 19th day of October 1976]

 THE ASSAM PUBLIC PREMISES (EVICTION OF UNAUTHORISED
 OCCUPANTS) ACT, 1971

 AN
 ACT

**to provide an effective machinery for eviction of persons in**
**unauthorised occupation of Public Premises and certain**
**incidental matters connected therewith.**

**Preamble.** Whereas it is expedient to provide by law an effective
machinery for eviction of persons in unauthorised occupation
of Public Premises and certain incidental matters connected
therewith;

It is hereby an enacted in the Twenty-Second Year of the
Republic of India as follows :

**Short title,**
**extent and**
**commencement.**


**1.** (1) This Act may be called the Assam Public Premises

(Eviction of Unauthorised Occupants) Act, 1971.

(2) **[1][It extends to the whole of the State of Assam to the**

premises held by the State Government, wherever they
situate, within the territorial jurisdiction of the States of
West Bengal, Tamil Nadu, Maharastra, Meghalaya and
Delhi.]

(3) It comes into force on such date as the State Government

may, by notification in the official Gazette, specify in this
behalf and different dates may be specified for different
areas and for different purposes of the Act.


1. Subs. by Assam Act No. XVI of 1995.


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**Definitions.** **2.** In this Act unless the context otherwise requires :
(a) “Collector” means any officer who exercises the

powers of a collector under the Land Acquision Act,
1894;

(b) “Estate Officer” means an Officer appointed as such by

the State Government under Section 3 of this Act;

(c) “Public Premises” means any premises belonging to, or

taken on lease, hire or requisitioned by or on behalf of
the State Government the Assam State Electricity
Board the Assam State Road Transport Corporation or
any Public sector undertaking owned or sponsored by
the State Government;

(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) “rent” in relation to any public premises, means the

consideration payable periodically for the authorised
occupation of the premises, and includes:
(i) any charge for electricity, water or any other

services in connection with the occupation of the
premises,

(ii) any tax (by whatever name called) payable in

respect of the premises where such charge or tax is
payable by the State Government;

(g) “State Government” means the State Government of

Assam;

(h) “unauthorised occupation” in relation to 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 under which he was allowed to
occupy the premises has expired or has been determined for
any reason whatsoever.

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Central Act I
of 1894


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**Appointment of**
**Estate Officers.**

**Issue of notice**
**to show cause**
**against order of**
**eviction.**


**3.** The State Government may, by notification in the official
Gazette :
(a) appoint such persons, being Gazetted Officers of

Government, as it thinks fit to be estate officers for the
purposes of this Act, and

(b) define the local limits within which, or the categories

of pubic premises in respect of which, each estate
officer shall exercise the powers conferred, and
performed the duties imposed, on estate officers by or
under this Act.

**4.** (1) If the estate officer is of opinion that any person in

unauthorised occupation of any public premises and that he
should be evicted the officer shall issue in the manner
hereinafter provided a notice in writing calling upon the
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 to 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 ten
days from the date of issue thereof.

(3) The estate officer shall cause the notice to be served by

having affixed on the outer door or some other conspicuous
part of the public premises, and in such other manner 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 person is in occupation of the public premises,
then, without prejudice to the provisions of sub-section (3),
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.

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**Eviction of**
**unauthorised**
**occupants.**

**Disposal of**
**property left on**
**public premises**
**by**
**unauthorised**
**occupants.**


**5.** (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, on a date to be fixed for
the purpose, make an order of eviction, for reasons to be
recorded therein, directing that the public premises shall be
vacated 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 thirty 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.

**6.** (1) Where any person has been evicted from any public

premises under section 5, the estate officer may, after
giving fourteen days' notice to the person from whom
possession of the public premises has been taken and after
publishing the notice in at least one newspaper having
circulation in the locality, remove or cause to be removed
or disposed 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 on account
of arrears of rent or damages; or costs, 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 dispute to the Civil Court of competent
jurisdiction and the decision of the Court thereon shall be
final.

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**Power to**
**recover rent or**
**damages in**
**respect of**
**public premises**
**as arrears of**
**land revenue.**

**Power of Estate**
**Officer.**


**7.** (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 manner 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 manner as may be specified in
the order.

(3) No order under sub-section (1) or sub-section (2) shall be

made against any person 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 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.

**8.** An estate officer shall, for the purpose of holding any inquiry
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.


Central Act
5 of 1908.


**Appeals.** **9.** (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 an appellate officer who shall be the collector.

(2) An appeal under sub-section (1) shall be preferred—

(a) in the case of an 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:

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**Finality of**
**orders.**

**Offences and**
**penalty.**

**Power to obtain**
**information.**


Provided that the appellate officer may entertain the
appeal after the expiry of the said period of thirty days, if
he 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 officer may stay the enforcement of
that order for such period and on such conditions as he
deems fit.

(4) Every appeal under this section shall be disposed of by the

appellate officer as expeditiously as possible.

(5) The cost of any appeal under this section shall be in the

discretion of the appellate officer.

**10.** Save as otherwise expressly provided in this Act every order
made by an estate officer or appellate officer under this Act
shall be final and shall not be called in question in any original
suit, application or executive proceeding and no injunction shall
be granted by any court or other authority in respect of any
action taken or to be taken in pursuance of any power conferred
by or under this Act.

**11.** (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 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
he shall be liable to such eviction without prejudice to any
action that may be taken against him under this Act.

**12.** If the estate officer has reasons to believe that any person is in
unauthorised occupation of any public premises, the estate
officer or any other officer authorised by him in this behalf may
require that or any other person to furnish information relating
to the names or 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.

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**Liability of**
**heirs and legal**
**representatives.**

**Recovery of**
**rent, etc, as an**
**arrear of land**
**revenue.**

**Protection of**
**action taken in**
**good faith.**

**1[Bar of**
**Jurisdiction.**

**Delegation of**
**power.**


**13.** (1) Where any person against whom any proceeding for the

determination of arrears of rent or for the assessment of the
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 representatives of that person.

(2) Any amount due to the State Government 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.

**14.** If any person refuses or fails to pay the arrears of rent payable
under sub-section (1) of section 7 or the damages payable under
sub-section (2) of that section or costs awarded to the State
Government under sub-section (5) of section 9 or any portion
of such rent, damages or costs, within the time, if any, specified
therefore 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.

**15.** No suit, prosecution or other legal proceeding shall lie against
the state Government or the appellate officer or the estate
officer 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 there under.

**15A.** No Civil Court shall have jurisdiction to entertain any suit or
proceeding in respect of eviction of any person who is in
unauthorised occupation of any public premises or the recovery
of the arrears of rent payable under sub-section (1) of Section 7
or the damages payable under sub-section (2) of that Section or
costs awarded to the Government of Assam under sub-section
(5) of Section 9 or any portion of such rent, damages or costs.]

**16.** The State Government may, by notification in the Official
Gazette, direct that any power exercisable by it 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 State
Government.


1. Ins. by Assam Act No. IV of 1978.


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**Power to make**
**rules.**


**17.** (1) The State Government may, by notification in the Official

Gazette, 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 distribution and allocation of work to estate officers

and the transfer of any proceeding pending before an
estate officer to another estate officer;

(d) the procedure to be followed in taking possession of

public premises;

(e) the manner in which damages for unauthorised

occupation may be assessed and the principles which
may be taken into account in assessing such damages;

(f) the manner in which appeals may be preferred and the

procedure to be followed in appeals ; and

(g) any other matter which has to be, or may be,

prescribed.

(3) Every rule made under this section shall be laid as soon as

may be after it is made, before the Assam Legislative
Assembly whole it is in session for a total period of
fourteen days which may be comprised in one session or in
two successive sessions, and if, before the expiry of the
session in which it is so laid or the sessions immediately
following the Assam Legislative Assembly agree in making
any modification in the rule or the Assam Legislative
Assembly agree that the rule should not be made the rule
shall thereafter have effect, only in such modified form or
be of no effect as the case may be; so however, that any
such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.

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Assam
Ordinance II
of 1971.


**Repeal and**
**saving.**


**18.** (1) The Assam Public Premises (Eviction of Unauthorised

Occupants) Ordinance, 1971 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action

taken under the Assam Public Premises (Eviction of
Unauthorised Occupants) Ordinance, 1971, shall be
deemed to have been done or taken under this Act as if this
Act had commenced on the eighth day of February, 1971
(the date of promulgation of the Ordinance).

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