The Assam Public Premises (Eviction of Unauthorised Occupants) Act, 1971
1976
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f .

The· 23rd October · l!J76

Ne;LJL.Sll/7t/37.-TJaefeliowi91        - ct ef du~ .Assam- LcJislalliv•

Assembly waich reecived the assent of . the· Oevernor is llerolty pu1>foihc4

for ccaeral information. ,

_j_

ASSAM ACT XX• OF 197'.

(lleeeived the assent of the Governo.r oa the 19t1t day of Octe~er 191')

THE ASSAM PUBLIC PREMISES (EVICTION OF UNAUTHO-

RISED OCCUPANTS) ACT, 1971            -

An

###### • I

Act

to provide an eftctive machinery for eviction of persons i.a

' un~uthorised occupation of Public Premises and
certain incid~tal matter.s connected therewith,

Pretaabie• Whereas it is exped~ent to provide by law an

. effective tnachinery for eviction of persons in un-
authorised occupation of. Pnblic Premises and

certain incidental matters connected th~rewit~;

',·

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###### lt is hereby ana,cted in the.Twenty-S-econd Year
of. . the I RepubLc of India as follows :-:- 1 ~

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1
Shart title, 1. (1) This Act may be ca;lled the Assam Public

       - teat and Premises (Eviction of Unauthorised Occupants)
commenee-
aeat. Act, 1971.        -        -

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(2) TtJextends to the whole qf the State of
Assam.

(3) It comes into force o~ sue~ da~e as the St~te•

###### •

Government may, by' notJficat1on m Jbe official
Gazette, specify in this ' behalf and difllerent dates
may be specified for different . areas and for ,dif-

fere11t purposes .of th!.~ Act.. i--

:9euhieas 2. In this· Act unless the context otherwise

T. equires . _I_ :-

###### .. (a) " Colle~tor" means any officer who Centra~Act

exercises the powers o.f a collector I or ·1194

~nder the l1and A~quision Act, 1894;


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Gb) "Estate Officer"· means an Offket

                  - ppointed as such. by ·the State Go-

vernment under Section 3 oI this Act;

###### • (c) "Public Premises" means ·any premises

belpnging . to, or taken on' lease, hir1e or

requisitioned by or on , befalf of .the
State Government; the Assam State
EU1ectr:city Board, · tpe Assam State
Road Transport Corporation or                 - any
Public sector· undertaking owned or
sponsored by the State Qovernment;

(d) ' Premjses" means any land · or any
building or part of a building and in-
cludes,-

(i) the' garden, grounds and out houses,

if. any,. appertaining to such buil-' '
ding or part of a building; and

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(ii) any fittings affixed to such buil-
ding or part of a building for the
more beneficial .enjoyment there-
of;

(e) ~prescribed" means prescribed by .rules

made under thfs Act;                - '.

:'!

###### . . , (f)· "rent" in relation to any public pre-

mises, m eans the consideration.payable

                          - perjodicailly for ·thle authorised occu-

pation of the premises, and includes:_:_

                              - (i) any cha,rge for electricity, water 'o:r

                                    - a~y · otper services in                                    - connectioq '

                     - w~th the occupation of the' pre-

1n 1ses,                             - ·

(ii): any tax (by\yhatever name called)
payable in respect of the premises.

' where such chargle pr ta~ is pay-
able by the State Government·
###### - '
(g) . "State Government" means the State

Goviernment o_f As&am; - ·

(h) "unauthqrised occupation" in rela.tioh
to any public premises means the·

occu~ation 1?Y any person of the public

                     - prenuse.s w1thqut authority for such

                   - occupation and includes . the conti-

nuance in .07cupation; by any person

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of the 'public , premises after the autho-

rity unde,r wh:ch he was allowed to

occupy been determined the premises- has for expiried any reason or has .., _I_

whatsoever.

Appoint· 3. The State Government may, by notification

~ent Es t~te of             - ;n t.he official Gazettie :-

()fficers.

(a) ·appoint such persons, · being Gazetted
Officers of Government, as it thinks fit

. to .9e estate offio~rs for the purposes of

t I ~· this Act, and 1         - .         - . . .

(b) ·aefine the Jocal lim:t.s within which, or
the cat[1]egories of oub~ic premises in
respect of which, each estat!e officer \

, . shall 'exerc:se the   - owers conferred, '

:.- and performed the duties imposed, on

estate officers by or under this Act.

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              - Iss~~ 0 ~ 4. (1)              - f the estate officer is of opinion that any . ,.              -

~ho~ e cau~e person 4n unaµthorised occupation of any public

against premises and that he .should be evicted, the estate

e order viction. ef officer shali issue in the manner hereina,fter: pro-

vided a notice in writing calling upon the piersons , ..
concerned to show. cause why an .order· of eviction I

should not be _mpde._ '

(2) The notice shall-

...

..,. (a) specify'the .grounds on 'which the order '

of ev:c;tion is ._groposed to .be ,made; and ·

(b) require all persons concerhed, that is
to say, all persons                      - who aiie, or may be;

in occupation of, or · cla:im interest in

lhe p_ublic pre!J1ises, to show cause, if

any, against the proposed · order on or .

befoiie such dat,e as i.s specified :j.n the
notice, being ··a date not earlier than .
ten days from the' dat1e of .issue thereof;
###### . ..
(3) The est(!te officer shall caUse the notice to

be S12,..ved by having affixed .on the outer door or

some other conspicuous part of the           - ublic pre-
mises, and in such other manner as may be pres-
cr: bed, wherieupori the notice shall be _deemed_ to

             - have             - been duly given to all persons concernied.

. / .

(4) Where the estalle officer knows or has rea-

sons to believe that any pe.rson is in occupatfon of

   -    - he pupli..c premises, th•en, -w:thoµt prejudice    - to
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the provisions of sli'b-section "(3), he shall cause a
copy of the notice to be served on !every such per- ,

. son by post or' by delivering or tendering it to

             - hat person or in such other manner as may be

12rescribed. "'

Eviction !f         - . (l) If, after considering the ca,use, if any.

:iauth:~- shown by . any pe:r;son ·in J?Ursua'nce of a notiee

paats. under sect10n 4 and any evidence he rp.ay pro.duce

               - in support of the same and after giving hin'i'°~ rea-
sonable opportunity of being heard, the estate
officer is satisfied that the public premises are in
unauthorised occupatil~µ, the estate officer may,
on a date to be fix~d for the purpose, make an

            - rder of eviction, for reasons to be recorded ..
therein, directing 'that the · public premises shall

be vacated by al~ persons who may be in occupa-
tion thereof or any part th~reof, and ~ause a copy
of the order to be affixed on the outer door or
sorpe other conspicuous part of the publie pre-             -

. '
mises. \

(2) If any person refuses 'or fails to comply

v.ith . the order of eviction within thirty days of '..,

the date o_f its publication under sub-section (1),
the estate officer or any other· officer duly autho-
rised by the estate -officer in this behalf may -evict

that person from; and fake prosse~sion of, · the
public piiemises and . may, for that purpose; use
such force as may 'be necessary. . . ~

Disrosaf of 6. (1) Where any person has been evicted from

property left any public premises under section 5,. the. estate
on .public officer may, after giving fourteen days' notice to

prernl!thes .by the person from whom prossession of ·the public
se• unau occu· or1-. premises . h as b elen ta k en an d a ft er pu bl' J.s h' mg th e
pants. notice in at least one newspaper having circula-
tion in the )locality, remove or cause td be Iie-

moved or . disposed of by public auction any pro-
. p~rty remain'.ng on such prenrise_s.

(2) Where any-property is sold under                  - sub-sec:

tion (1), the sale proceeds shall; after deducting
th1e 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 ent:tled to· the 'same :              -

. '\
Provideq that where the estate o ffi der Is un- ·

able to _decide_ as ·to the person or. persons             - to
whom the balance of th,e amount is payable or as

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to the apportionment of the same, he may refer
s_uch dispute to the Civil Court of competept ju-
risdiction and the decision of the Court tl'iereon ·
shall be final..              -

Pgwer to 7. (1) Where any person is m . arrears of rent

r~vc;r roJtt payable in respect of any public . premises, the

:;!.a;:~:C ~state offi<.::er may, by order~ require--that 'person

p~ pre- to ·pay the same within such time and in \such

###### •iau. • mannier as may be specified ~n the order.
**ar.re.m** .r .

**laa.l** reve-
aue

(2) Where any person is, or has, at any time, '··

                 - . b~en in unauthorised occupation of any pubLic
premises, the estate offiaer may, having regard to
such principles of assessment of damages as II].ay
be prescri ~ed, assess thie damages on. account of

the use and occupation of such premises and may,
by order, require that person 'to pay thie damages
within such time and iz;i such manner as may be _
specifie~ in the order.

(3) No _order l\ndier sub-section (1) or sub-sec-
tion (2) shall be made            - against any person until
after the issue of a notice in writing to the person

.calling ui>on him to show cause W:ithin suah time ·

as may be specified in the ~notice why such order

          - should not 'be made, .and until his objections, if
any, and ~ny evidence he may produce .in.support
of thie same, have been considered by the estate
officer.              -
###### ..

**Pewer** of       - 8. An .estate officer shall, for the _ purpose of

**:tatc** **om- holding any inquiry under this Act,** have the same
r. powers as are vested in a Civil Court under the .

Code of CivH Procedure, 19-08, when trying a suit Ceatra1 Act
in respect of the fQllowing matters, namely :~ _5 of_ **1981.**

(a) summoning and enforcing the attendance

of any person · and examining h~m on oath;

(b) requiring the discovery ahd production of

. documents; and

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(<!) any other matter which may be prescril:led .

**Apiteall**

9. (1) An appeal shall lie from every order of.

the estate officer made in respect of any pubLlc
premises under section 5 or section 7 to an appel-
late officer who shall be thie collector.           -

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. ~2)' An appeal . und:er sub.,.section . (1) shall be
preferred-

(a) in the case- of an appeail from .an order . ·

under' section 5, within thirty days from

'fhe date of ' p_ubli~ation of the order undei< ...

sub-sedion (1) _bf that_ section; and

(b) ~ n the case of an appeal from an order under·

sectio~ 7,' within thi~·ty pays f~om the date
on which the order is communicated te the               -

                 - ppellant.:

_(_ .. . '

###### ... . Provided that the appella,te officer may ent1ertain
. 'i ' the appeal after the t;xpiry 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 aP,peal is p~eferred fro'm ;n order

' . of the estate officer, the a,pp~llate officer ma,y stay

the .enforcement of that .order for such period and 1             -

I. on 'such conditions as he deems-fit. _( ._ . . . . .

( 4) E:v~ry appeail unqer . this . secti9n -shall be
disposed of. by the appellate c;iffice1: as e~pedi-
t .iously as 1 pbss~ble . .                    - .,

(5) The cost Of any a:ppeal under 'this section
shall be _in

_1[the ]_ [discretion ] [of ] [the ] [_$l][ppeilate ] [\)ffieler. ]

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i'inaJity of 10. Save as otherwise expressly " ,prov ided' in .
orders. this Act eviery order made by an estate officer or .

appellate· officer· und~r tpis Act shall be fina1~ _and _: .._

shall              - not, be , called 'in . question in
any original. suit, ap.plication> or executive pro, .

. e<eeding and no in]:uriction' shal! be gra:tyted by
any court or . other authority . in -respe·ct of any

action taken or 'to be· taken· in pursuance of any

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power conferrecj, by or under this A_ct.             -

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. Offentes . 11. (1) If any per.son . who        - has been evicted

and penalty. from any public. premises und~r this Act again
occupies the premises without authority .for such
occupatfon, he shall ·be punishable .with impr1ison-

which, ment which may may extend!extend · to one to one thousand year, or :' rupees, with fine. or ' \

W1ith both.

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., .

(2) Any magistrat,e convicting- a person under ' ..

sub-section (1) may make an orden for evicting

###### .· Jhat fjerson suIT).mari)ly and he shall be Liable to

. Sil ch eyiction witho.ut · prejµdic~ to any action .

:that may; be taken against him under this Act.

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. Powe; to 12 If the estate officer. has Iieasons to believe ,.

        - obt~in infor- that ·arty person is in unauthorised occupation of.

mauon. 'any. public . premises: the eState . officer or· any

. , other 6ffider- . authorised by him in· this behalf '

may require that Qr-any other person to fornish

':

. information rel?ting' to the names oqother parti-
. culars of the persohs 1in occupation of the public
premises and \every_ person so required shall _pe_

###### • bound to furnish ·. .the · information :in his

,possession.

###### . . .

Liability of          - 13 .. -:-(1) Where any person against          - whom any
heirs . and proceeding for the detierrrifnation· .. of arrears of
legal ~epre- rent or for the          - ssessment. of the damages is to

sentatl9<i_S• _pe_ Or has been takJen dies before the prOCee'din~
is taken or during the pendency thereof, the pro- ·
ceeding m ay be taken or, as thle case may be,.
continued . against the heirs or le$al representa-

. ... tives of~that ' person.

. (~) A~y ameunt .duie to the State Government

from any person whether by -·way of arreats o~ · \

rent or damages or costs shall, ;after the death of

. the person, be payable ·· by P.is h!eirs or . legaJ. ·

###### .. · representatives,· but their liability shall be

li:initep to the !extent of the .assets of the d~ceased .· _I,_

in . their: hands.'

Recovery of 14. If any person .refuses or fails to pay the .

an r~nt au• .etc., e ar of as sarrears :ecLon 7 of or rent the payable damagesunder · payable sub-section under (1) sub-of . ~ . _·......-::::_

~~~~ •. reve- section. (2) .of that section or costs awarded to         - ,,..- .

the State Gov,ernment und1er sub-section ('5} , of , .

section 9 or ariy portion of such rent, damages _qr ·_

              - osts, within thie time; if any,. specified therefor-

in tbe order: relating thereto, the estate officer,
may issue a Clertificate for the amount due to tl:ie . _/_
collector who . sha~l proceed ,to recover the same

              - s a'n .arrear of land revenue:

###### •

Protection 15.' No slJ.it, prosecution or other legal procee-
of action ding shall lle against the-·$tate Govern:r;nent or

. _)_ taken io. . the appellate officer · or the estate officer in' res-

goad faith. pect .of anytJ:iing which is in 'good faith .Gone or .

intended. to be. done in :pursuance of_ thts {\ct or of ..

any I rules . or orders made thereunder. .. 1[, ] . •

. l

D ~ legation 16. The $fate Government may, by notification . '·
of pPWer.

_in_ the Official Gazette, '.direct that any               - ower
exerdsaQle by it under this Act shall, subject to
such -conditions ,. if any, as may be s'pecified in-thle
notifi cation . . be exercisable . also by . an .officer of

the State Go ~ e.rnment ..

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PGwer to . 17. (1) The State GoVlernment may, by noUi-

makc rules, cation in the Official Gazette,, make rules for
carrying out the purposes of th'is Act.

(2.) In particular,, and without prejudice to

the g1enerality of the foregoing power, ~ .uch r ~les

inay provide for all or any of the followmg
matters, nam-ely :-

(a) _the_ 'form of any notice required or

autnorised to be given under this Act

###### ".

and thie manner in- which it may be

-;,erved;

(b) the hblding . o~ inquirie5" under this A~t;

_(_ ,..

_(G)_ the distributi9n and al:location of work

, to estate                             - fficers and the transfer of

any .proceeding pending before · an

                   - estate officer to another estate officer;·

(d) the procedure to be follow:ed in taking
possession of , public premise.s ;
###### . .

(e) the . manner in which damages for u"'n-

.authorised occupation may be asslessed

zcid the prfociples-wh'ich may be taken

                            - into accol!nt in' assessing such damages; -;

,.
###### .. , (f) ~he · manner in which appeals inay qe

preferred and the procedurie to be fol-
lowed in appeals ; and

(g)                  - any other matter which has t~ be, , or

may be, prescribed.

(3) Every rule made -qnder this section shall be

laid as soon as may be· after it is made, before the
Assam Legislative Assembly while it is in session
for a total period of fourteen days which may be

###### , ~omprised in ohie session or in two successive ses- '

sions, and if, before the exp~ry of the session_in·.
which it is so laid or the sessions immediately fol-
lowing the Assam Legislative Assiembily agree in

          - 'making' ny modification ih the rule or the Assam

Legislative A!>sembly agree that the rule should

,not· be made, th.e ru,le shall the,reaf'ter have effect.

only in such modified form or be of           - o efliect ·as
the ca~e may b<;J 'so however, .that any such m~di­            - \
fication or annulment shall be w:thout prejudice
to the validity .of anything prevfously donie under
that rule.            -

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0

Repeal and 18 (1) .The Assam ·Public Premises (Eviction of 1 Assda.m .

0
saving. . Una~thorised Oecupants) Ordinance, 1971 is here-:- 1{~(1~9n7cf.

by repeal1ed. ,, , ..

' (2) Notwithstanding such repeal, any_thiRg

done qr any action t:aken under the Assam Public
Premises (Evichoµ 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 Febru<FY, 1971
(the.date .of promu,lgation of the Or~inance).

U. TAHBILDAR,

Secretary to the Govt .. of Assarri. .

Le~islative' Del>tt.
_/_

\ .

                                                                         -

The 23rd October 1976, ..

                                                                                -

No.LJL.33/76/4.-The following Act. of the ,Assam Legislative Assem-

bly which received tile ·assent of the Governor is · hereby published

, for genrral information .

###### . ....

ASSAM ACT XXI ·OF 1976 . '·

(Received U1e assent ·of the· G~vernor OD the 20th October, 197&)

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THE GAUHATI UNIVEB.SITY (AMENDMENT)       - ACT, i976

An

..

Act •

further to amei:id the Gauhati University Ac;t, 1947

Preamble. Whereas it is expedient tO ;ame~d '. the Assam Act

Gal,lhati, University Act, 19417,-·hereinafter c:alled Th~tof

the principal Act, in th~ manner hereinafter

appearing ;            - ·

###### Ii is hereby enacted in the Twenty-sev.~nth ·

Year _oJ_ the Republic . of India as follq~s >-

Short title, . 1. (1) ThiS Act ,may be called the Gauhati
extent and "

'Un ~ve rsi±y (Amendment) Act, 1976.

comm enc· "

ment. ·

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