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Public Premises (Eviction of Unauthorized Occupants) Amendment Bill, 2019 comes into force

The Public Premises (Eviction of Unauthorized Occupants) Amendment Bill, 2019 would ensure retrieval of the residential government accommodations from unauthorised occupants.

Sep 17, 2019 09:57 IST
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Parliament

The Public Premises (Eviction of Unauthorized Occupants) Amendment Bill, 2019 that will facilitate smooth and speedy eviction of unauthorised occupants from government residential accommodations, has come into effect. The Bill was passed by the Parliament during the last Budget session.

The Public Premises (Eviction of Unauthorized Occupants) Amendment Bill, 2019 would ensure retrieval of the residential government accommodations from unauthorised occupants without requiring elaborate procedures under sections 4 and 5 of the Act.

Public Premises Eviction of Unauthorized Occupants Amendment Bill, 2019

The bill is expected to increase the availability of government residential accommodations for the eligible beneficiaries and reduce the waiting period. As per the provisions of the Amended Bill, the estate officer will issue a short show cause notice of three days before the eviction of the unauthorized occupant from the Government accommodation.

Government residential accommodations rules

The government provides residential accommodation to its employees including the Members of Parliament and other dignitaries on a license basis while they are in service or till the term of their office.

As per the existing allotment rules, after the end of the license, the occupants of the residential accommodations become unauthorized occupants and are supposed to vacate the place. The Act empowers the Estate Officers to evict such unauthorized occupants from public premises in a smooth, speedy and time-bound manner.

Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019: In Detail

The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019 amends the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The act provides for the eviction of unauthorised occupants from government residential accommodations in cases where there is a violation of license term.

What is residential accommodation occupation?

‘Residential accommodation occupation’ is defined by the bill as the occupation of public premises by an individual on the grant of a license for such an occupation. The license is given for a fixed term or for the period the person is in public service. The occupation of the premises must be allowed under the rules made by the centre or state government or a statutory authority such as the Parliament Secretariat or central government company.

Procedure for Eviction

The bill lays down the provision for eviction from the residential accommodation. Under it, the estate officer, who is an officer of the central government, is required to issue a written notice to a person who is in unauthorised occupation of a government residential accommodation. The notice will require the individual to cite the reason as to why an eviction order should not be made against him, within three working days. The written notice must be fixed to a conspicuous part of the accommodation, in a prescribed manner.

Eviction Order

After considering the show cause of the individual and making the other required inquiring, the estate officer can issue an eviction order. If the unauthorized resident fails to comply with the order, the estate officer can evict such a person from the accommodation and take possession of it. The estate officer can also use force if necessary. If the unauthorised occupant of the residential accommodation challenges the eviction order, he will have to pay damages for every month of such occupation. 

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