Public Buildings ( Eviction of Unauthorised Occupants)Act

00 119 THE KERALA PUBLIC BUILDINGS (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1968 (Act 25 of 1968) CONTENTS PREAMBLE. SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Appomtment of estate officers 4. Issue of notice to show cause against order of eviction. 5. Eviction of unauthorised occupants. 6. Disposal of property left in public building by unauthorised occupants. 7. Liability of unauthorised occupant to pay damages. 8. Power to recover rent and damages in respect of public buildings. 9. Power of estate officers. 10. Appeals. 11. Power to obtain information. 12. Liability of heirs and legal representatives. 13. Recovery of rent, etc., as arrears of public revenue due on land. 14. Further mode of recovery. 15. Finality of orders. 16. Offences and penalties. 17. Protection of action taken in good faith. 18. Power to make rules. THE KERALA PUBLIC BUILDINGS (EVICTIONS OF UNAUTHORISED OCCUPANTS) ACT, 1968 "' Act 25 of 1968 An Act to provide for [he euictzon of unauthorised occupants from publzc buzldzngs and for matters connected lhcrewzth. Preamble.—WHEREAS it is expedient to provide for the eviction of unauthorised occupants from public buildings and for matters connected therewith ; " Published in the Gazette Extraordinaiy No. 234, dated 24th September, 1968. 120 Bi: it enacted in the Nineteenth Year of the Republic of India as follows :— 1. Short tztle, talent and commencement.—(l) This Act may be called the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968. (2) It extends to the whole of the State of Kerala. (3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. Defmztzons.—In this Act unless the context other“ ise requiies,— (a) “ estate office: ” means an officer appointed as such by the Government under section 3 ; (b) “local authority “ means a municipal corporation, a muni- Cipal counCil, a township committee, a panchayat or any other authority by whatever name called, constituted unclei any law for the time being in force for the purpose of local self-government and includes the Trivandrum City Improvement Trust constituted under the Trivandrum City Impiovement Ti ust Act, 1960 (l of 1961) or any othei authority constituted under any law for the time being in force for the development of any local area ; (c) “ prescribed ” means prescribed by rules made under this Act ; (d) “ public building " means any building or part of a building belonging to, or taken on lease or requisitioned by, or on behalf of, the Government or a local authority and includes— (1) the garden, grounds and outhouses, if any appertaining to such building or pait ofa building ; and (11) any fittings afiixed to such building or part of a building [01 the more beneficial enjoyment thereof; (6) “ rent”, in relation to any public building, means the con- srderation payable periodically for the authorised occupation of the building, and includes-— (2) any charge fox electricity, water or any other services in connection With the occupation ofthe building, (11) any tax (by whatever name called) payable in respect 01 the building, where such charge 01 tax is payable by the Government or the local authority, as the case may be ; (f) “ unauthorised occupation ”, in relation to any public budding, means the occupation by any person of the building without authority for such occupation and includes the continuance in occupation by any person of the public building after the authority (whether by 0 O ()0 J1 A__..._...—-._.___q_.._ 4‘,__.__A 4 iv- /c r\/ l2l way of lease or any other {mode of transfer) under which he was allowed to occupy the building has expired or has been determined for any reason whatsoever. 3. Appomlment of estate offmrs.— l‘he Government may, by notification in the Gazette,— (a) appomt such persons, being Gazetted Oflicers of Govern- ment below the rank of DIStI‘lCt Collector, as they tllll’lk fit, to be estate officers for the purposes of this Act : Provxded that m the case of local bodies, executive authmitics of the concerned local authoxitics shall be appomted as estate officers; and (1)) define the local limits within which, or the categories of public buildings'in respect of which, the estate officers shall CYCFLISC the powers confei red, and pet form the duties imposed, on estate olliceis by or under this Act. 4. Issue ofnotice to Show cause agamst cider of cmctzon.—(l) If the estate officer 15 of opinion that any persons are m unauthorised occu- pation of any public building and that they should be cvnctcd, the estate officer shall issue 1n the manner hereinafter prowded a notice in writing calling upon all pelsons concerned to show cause why an order of ev1ctlon should not be made. (2) The notice shall-— (a) speedy the grounds on whlch the 01 der of eviction is p10- posed to be made , and (b) require all peisons concerned, that 15 to say, all persons who are, 01 may be, in occupation of, or claim inteiests m, the public building, to show cause, If any, against the proposed order on or before such date as is specnfied 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 it affixed on the outer door or some other conspicuous part of the public building, and in such other manner as may be prescribed, wheieupon the notice shall be deemed to have been duly given to all persons concerned. (4) Where the estate officer knows or has reason to l)CllCVC that any persons are in occupation of the public building, then, Without prejudice to the provisions of sub-section l3): he shall cause a copy of the notice to be served on every such person by post or by deliveung ortendeiing it to that person or in such other manner as may be prescribed. 5. Emma); of wzauthomcd 066ufidnt5.—-(l) If, after consxdermg the cause, if any, shown by any person m pursuance of a notice under section 4 and any evidence produced by such person in support of the same and after givmg him a reasonable opportunity of being heard, 122 the estate officer is satisfied that the public building is 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 building 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 published by affixing it on the outer door or some other conspi- cuous part of the public building. (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 him in this behalf may evict that person from, and take possession of, the public building and may, for that purpose, use such force as may be necessary. 6. Disposal of property qut in public building by umzuthorzred occupanls.—(l) Where any persons have been evicted from any public building under section 5, the estate officer may, after giving fourteen days’ notice to the persons from whom posseSSion of the public building 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 dispose of by public auction any property left by such persons in such building. (2) Where any property is sold under sub-section (l), the sale proceeds shall, after deducting the expenses of the sale and the amount, if any, due to the Government or the local authority, as the case may be, on account of rent payable in respect of the public building or damages payable under sub-section (2) of section 8 or costs awarded under sub-section (5) of section 10, 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 ii. hom the balance of the amount 15 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. 7. Lzabilziy of unauthorzred occupant to My damagor.——Any person who is, or has at any time been, in unauthorised occupation of any public budding shall be liable to pay for the whole period of such occupation, such damages on account of the use and occupation of such building as may be assessed by the estate officer havuig regard to such principles of assessment ofdamages as may be prescribed. 8. Power to recover rent and damages in respectof public buildings.— (1) Where any person is in arrears of rent payable in respect of any public building, the estate officer may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order. O O OO O 123 (2) Where any person is liable to pay damages under section 7, the estate officer may, by order require that person to pay such damages within such time and in such instalments 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 ofa notice in writing to the person calling upon him to show cause within such time as may be spec1fied in the notice why such order should not be made, and until his objections, if any, and any evidence produced by him in support of the same, have been considered by the estate officer. 9. Power of estate afloat—An estate officer shall, for the purpose of holding any inquiry under this Act, have the same p0wers as are vested in a civil court under the Code of Civrl Procedure, 1908 (5 of 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; (a) any other matter which may be prescribed. 10. Appealr.—-(l) An appeal shall lie from any order of the estate officer made In respect of any public building under section 5 or section 8 to the Collector of the District in which the public building is s1tuate. (2) An appeal under subsection (1) shall be preferred,— (a) in the case of an appeal from an order under section 5, within fifteen days from the date of publication of the order under sub-section (1) ofthat section; and (b) in the case of an appeal from any order under section 8, within fifteen days from the date on which the order is communicated to the appellant; (3) Where an appeal is preferred from an order of the estate officer, the District Collector may stay the enforcement ofthat order for such period and on such conditions as he deems fit. (4) Every appeal under this section shall be disposed of by the District Collector as expeditiously as possible. (5) The costs of any appeal under this section shall be in the discretion of the District Collector. (6) The appellate authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, m respect of the followmg matters, namely.— (a) summoning and enfmcing the attendance of any person and examining him on oath; 124 (b) requiring the discovery and production of document; (c) any other matter which may be prescribed. ll. Powei to obtain mformatzon.—-If the estate officer has reason to believe that any persons are in unauthorised occupation ofany public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possesswn of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly. 12. Lzabzlity of/Lez'rs and legal representatwes.—(l) Where any person against whom any proceeding for— (a) the determination of arrears of rent; or (b) the assessment of damages, is to be, or has been taken under this Act, 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 repre- sentatives of that person. (2) Any amount due to the Government or to a local authority, as the case may be, from any person whether by way of arrears of rent, damages or costs shall, after the death of that person, be payable by his heirs or legal representatives, but their liability shall be limited to the extent of the assets ofthe deceased in their hands. 13. Recovery ofmit, ela, as arreais ofpublzc 2ewnue due on land.--If any person refuses 0i fails to pay the arrears of rent payable undCi sub-section (1) of section 8 or the damages payable under sub-section (2) of that section or costs awarded to the Government or to local autho- rity, as the case may be, under sub-section (5) of section 10, or any portion of such rent, damages or costs, Within the time, if any, specified therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the Collector of the District in which the public building is Situate, who shall theieupon proceed to recover the same as arrears of public revenue clue on land. 14. Further mode of recovery ——If the person refusmg or failing to pay any oftlic amounts ieferred to in section 13 is in ieceipt of' any salaiy, the estate officer may. notwithstanding the issue ofa certificate to the Collector under the said section, require any person paying the salary to deduct from any payment of salary subsequent to the date of such requis1tion any such amount or any portion thereof as may be specified in the requiSition and such person shall comply With any such requisition and shall pay the sum so deducted to the credit of the Government or the local authority, as the case may be: OO O o O \‘1 V0 0 125 Provided that any part of the salary exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908), shall be exempted from any requisi- tion made under this section. Explanation.—For the purposes of this section, “salary” includes,— (1) wages; (21) any annuity or pension; (222) any gratuity; (w) any fees, commissions, honoraria or profits in lieu of or in addition to any salary or wages; and (v) any advance of salary. 15. Finality of order:.——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 suit, application or execution 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. 16. OflZ-nces and penaltze:.—(l) If any person who has been evicted from any public building under this Act again occupies the building without authority for such Occupation, he shall be punishable With imprisonment for a term 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 undei sub-section (1 may make an order for eVicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act. (3) Ifa person fails without reasonable cause or excuse to deduct and pay any amount as iequiied under section 14, he shall be punish— able with fine which may extend to ten rupees for every day duiing which the default continues. (4) A person shall not be proceeded against for an offence under sub-section (3) except at the instance of the Collector of the district in which the public building is Situated. (5) The Collector may eithei before or after the institution of proceedings compound the offence referred to in sub-section (3). 17. Protection of action taken in good fazllz.—No suit, prosecution or other legal proceedings shall lie against the Goxernment or a local authority or the appellate authority or the estate oflicer or any other oflicer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made thereunder. 126 18. Power to make rule5.—-(1) The Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the genetality of the foregoing power such rules may provide for all or any ofthe followmg 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 holdmg of inquiries under this Act ; (c) the distribution and allocat1on of work to estate officers and the transfer of any proceedings pending before an estate officer to another estate officer ; (d) the procedure to be followed in taking possession of public buildings ; (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 ; ) the manner in which appeals may be preferred and the procedure to be followed in appeals; (g) any other matter which has to be, or may be, prescribed. (3) Eve1y rule made under this section shall be laid as soon as may be after it 15 made, before the Legislative Assembly while it is in session for a total per1od of fourteen days which may be comprised in one session or 1n two success1ve sess1ons, and 1f, before the expiry of the sessmn 1n wh1ch 1t 15 so laid, or the sessmn 1mmediately following, the Legislative Assembly makes any mod1ficat1on in the rule or decides that the tule should not be made, the rule shall thereafter have effect only in such mod1ficd form or be of no effect, as the case may be; so however that any such mod1fication or annulment shall be without prejudice to the valid1ty of anythmg previously done under that rule. gnu...