Eviction under public premises act
anuradha goyal
(Querist) 31 August 2012
This query is : Resolved
Whether Banks falls under Public premises act?
What is the procedure for persuing matter under this act to get the land evicted?
ajay sethi
(Expert) 31 August 2012
Section 15 of the Act bars the jurisdiction of a civil court or any other court to entertain any proceedings in respect of eviction of any person who is in unauthorized occupation of any public premises. Public premises has been defined in Section 2(e) to mean any premises belonging to, or taken on lease by any corporation established by or under a Central Act and owned or controlled by the Central Government
Section 3 of the Act provides for appointment of an Estate Officers. Sections 4 provides for issuance of a show cause notice in the following terms :-
Section 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 to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises,--
(i) 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 seven days from the date of issue thereof, and
(ii) to appear before the estate officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown, and also for personal hearing, if such hearing is desired.
(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 as may be prescribed whereupon the notice shall be deemed to have been duly given to all persons concerned.
17. Section 5 deals with the procedure for eviction of unauthorized occupants. It reads :-
Section 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 produced by him in support of the same and after personal hearing, if any, given under clause (b) of sub- section (2) of section 4], 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 recorded therein, 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 refused or fails to comply with the order of eviction on or before, the date specified in the said order or within fifteen days of its publication under sub- section (1) whichever is later, the estate officer or any other officer duly authorized 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.
18. Section 7 empowers the Estate Officer to require payment of rent or damages in respect of public premises by the person who is in unauthorized occupation thereof.
19. Section 9 provides for appeal from an order of the Estate Officer.
ajay sethi
(Expert) 31 August 2012
Keeping in view the provisions of the Banks Nation- alisation Act the nationalised bank is a corporation estab- lished by a Central Act and it is owned and controlled by the Central Government. The premises belonging to a nationa- lised bank are public premises under Section 2(e)(2)(ii) of the Public Premises Act.
Sudhir Kumar, Advocate
(Expert) 31 August 2012
query repeated from earlier thread
http://www.lawyersclubindia.com/forum/Public-premises-act-65117.asp
