The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is an Act of the Parliament of India that provides for the eviction of unauthorised occupants from public premises. The Act defines "public premises" as any land, building or other structure, which is owned or controlled by the Government or a local authority. The Act also defines "unauthorised occupant" as a person who occupies a public premises without any lawful authority.
The Act provides a two-step process for the eviction of unauthorised occupants. The first step is for the estate officer to issue a notice to the unauthorised occupant, calling upon them to show cause why they should not be evicted. If the unauthorised occupant fails to show cause, or their cause is not found to be sufficient, the estate officer may order their eviction.
The second step is for the eviction order to be executed by the police. The police are required to remove the unauthorised occupant and their belongings from the public premises, and to take possession of the premises. The unauthorised occupant is also liable to pay rent or damages for the period of their unauthorised occupation.
The Public Premises Act is a useful tool for the government to reclaim public premises that are being occupied by unauthorised persons. The Act provides a speedy and efficient process for eviction, and it helps to ensure that public premises are used for their intended purpose.
Here are some of the key provisions of the Public Premises Act:
- The Act applies to all public premises, whether owned by the central government, state government, or local authority.
- An unauthorised occupant is defined as a person who occupies a public premises without any lawful authority.
- The estate officer is the person responsible for carrying out the provisions of the Act.
- The estate officer may issue a notice to an unauthorised occupant, calling upon them to show cause why they should not be evicted.
- If the unauthorised occupant fails to show cause, or their cause is not found to be sufficient, the estate officer may order their eviction.
- The eviction order may be executed by the police.
- The unauthorised occupant is liable to pay rent or damages for the period of their unauthorised occupation.
The Public Premises Act is an important piece of legislation that helps to protect the interests of the government and the public. The Act provides a clear and concise process for the eviction of unauthorised occupants, and it helps to ensure that public premises are used for their intended purpose.