,. THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 27, 1976 605 · ·--- - -- - . --=--'-------, . . - f . The· 23rd October · l!J76 Ne;LJL.Sll/7t/37.-TJaefeliowi91 ·Act ef du~ .Assam- LcJislalliv• Assembly waich reecived the assent of . the· Oevernor is llerolty pu1>foihc4 for ccaeral information. , 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 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 . e ffective tnachinery for eviction of persons in un authorised occupation of. Pnblic Premises and certain incidental matters connected th~rewit~; lt is hereby ana,cted in the.Twenty-S-econd Year of . the RepubLc of India as follows :-:- . I 1 ~ " Shart title, 1 1. (1) This Act may be ca;lled the Assam Public •xteat and Premises (Eviction of Unauthorised Occupants) commeneeaeat. Act, 1971. · ·
(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 Tequires :- . . I ',· ·1, • .. (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; j • I . ,_ •• • .. 606 THE ASSAM G~ZETTE, EXTRAORDINARY, 9CT. 27, 1976 _______ ,___ ________ -------------· ·- . . , Gb) I - "Estate Officer" · means an Offket ·appointed 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
(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 , I ' ·. ,, I '. :'! , . ·• ' • !' - t I :.- ... THE ASSAM GAZETTE EXTRAORDIN.AiRY, OCl'. 27, 1976 I p07 • ·- of the 'public , premises after the autho rity unde,r wh:ch he was allowed to occupy the premises- has expiried or has .., been determined for any reason whatsoever. Appoint· 3. The State Government may, by notification ~ent of · ;n t.he official Gazettie :-Es t~te ()fficers. ~·
(a) ·appoint such persons, · being Gazetted Officers of Government, as it thinks fit . to .9e estate offio~rs for the purposes of this Act, and 1 · . · .
(b) ·aefine the Jocal lim:t.s within which, or the cat1egories of oub~ic premises in respect of which, each estat!e officer shall 'exerc:se the ·powers conferred, ' and performed the duties imposed, on estate officers by or under this Act. I I · Iss~~ 0~ 4. (1) •If the estate officer is of opinion that any . ,. · ~h 0 o~ e cau~e person 4n unaµthorised occupation of any public against premises and that he .should be evicted, the estate order ef officer shali issue in the manner hereina,fter: pro-e viction. • vided a notice in writing calling upon the piersons concerned to show. cause why an .order· of eviction 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 ·public 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 ·the pupli..c premises, th•en, -w:thoµt prejudice · to ,,- . . .. . . \ , .. I ... . / . . 608 THE ASSAM GAZETTE EXTRAORDINARY, OCT. 27, . 1976 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 ·that person or in such other manner as may be 12rescribed. "' Eviction !f ·5. (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 ·order 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. . . ~ Disr osaf 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 unau or1-. . h b k d ft bl' h' th se• occu· premises as elen ta en an a er pu J.s mg e pants. notice in at least one newspaper having circulation 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 : · ffi . '\ Provideq that where the estate o der Is un- · able to decide as ·to the person or. persons · to whom the balance of th,e amount is payable or as I. .. ... '.., . . ... THE ASSAM GAZETTE EXTRAORDINARY, OCT. '27, 1~76 . 609 ~ 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 reveaue
(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. Apiteall
(a) summoning and enforcing the attendance of any person · and examining h~m on oath;
(b) requiring the discovery ahd production of . documents; and I / (<!) any other matter which may be prescril:led .
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 appellate officer who shall be thie collector. · ::;;;:;; . - .· ' .. . ' ). ·, . .
610 . THE ASSAM . GAZETTE EXTRAORDINARY, OcT: ·in.1~76 . ~2)' An appeal . und:er sub.,.section . (1) shall be preferred- ... . 'i ' ' . I. i'inaJity of orders. • I
(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 ·• ·appellant. : ( . . . Provided that the appella,te officer may ent1ertain 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 · 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~pedit .iously as 1pbss~ble . . · .,
(5) The cost Of any a:ppeal under 'this section shall be _in 1 the discretion of the _$lppeilate \)ffieler. I °" 10. Save as otherwise expressly " ,prov ided' in . 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 power conferrecj, by or under this A_ct. · . - - . ,r ,. ' ... . ' : .. . 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 ment which may !extend to one year, or with fine. which, may extend· to one thousand :' rupees, or W1ith both.
(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. . ' , I ' \ ., . ' .. " - .I ,,. J . ' • ': • .. . ) .. I • <. J) ' I THE ASSAM GAZETTE. EXTRAORDINARY. 'ocT. 27. 1976 611 ----~"--- . . . . 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 ·assessment. 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 may be taken or, as thle case may be, . continued . against the heirs or le$al representa- . ... tives of~that ' person. . (~) A~y ameunt .duie to the State Government from any person whether by -·way of arreats o~ · r ent or damages or costs shall, ;after the death of . the person, be payable · · by P.is h!eirs or . legaJ. · · representatives,· but their liability shall be li:initep to the !extent of the .assets of the d~ceased in . their: hands.' Recovery of 14. If any person .refuses or fails to pay the . r~nt • .etc., as arrears of rent payable under sub-section (1) of . an auear of s:ecLon 7 or the damages · payable under sub ~~~~ • . reve- section. (2) .of that section or costs awarded to · the State Gov,ernment und1er sub-section ('5} , of , . section 9 or ariy portion of such rent, damages qr · ·costs, within thie time; if any,. specified therefor in tbe order: relating thereto, the estate officer, may issue a Clertificate for the amount due to tl:ie . collector who . sha~l proceed ,to recover the same ·as a'n .arrear of land revenue: • Protection 15. ' No slJ.it, prosecution or other legal procee of action ding shall lle against the-·$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 rules or orders made thereunder. 1, • D~legation of pPWer. ' ' I . .. .
16. The $fate Government may, by notification . '· in the Official Gazette, '.direct that any ·power exerdsaQle by it under this Act shall, subject to such -conditions,. if any, as may be s'pecified in-thle notification . . be exercisable . also by . an .officer of the State Go~e.rnment . . . . ,· ... ... / .. , I .· I, ~ . .. . . . \ ·......-:::: ,,..- . / . l _612 __ )'HE AS-SAM GAZ~TTE, EXTR:'-ORDINARY, OCT. 27, 1976 - 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. ,. .. , , • I · (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 ·officers 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 ·no 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. · '. • .. . ., ". • -; - \ . .... ' . . .. .. . . THE ASSAM <'AZEtTE, EXTRAORDlNARY; OCT. 27, 1976 613 ' • - . ___ _... __ ·----~ - - · t- ------·- - . Repeal and 18 (1) .The As 0sam ·Public Premises (Eviction of 1 0 Assda.m . 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&) ~ ' 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, extent and " " comm enc· ment. · . . 1. (1) ThiS Act ,may be called the Gauhati 'Un~versi±y (Amendment) Act, 1976. ' . ..