(1) This Act may be called the Assam Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
(2) 1 [It extends to the whole of the State of Assam to the premises held by the State Government, wherever they situate, within the territorial jurisdiction of the States of West Bengal, Tamil Nadu, Maharastra, Meghalaya and Delhi.]
(3) It comes into force on such date as the State Government may, by notification in the official Gazette, specify in this behalf and different dates may be specified for different areas and for different purposes of the Act.
1. Subs. by Assam Act No. XVI of 1995.
2 Definitions. 2. In this Act unless the context otherwise requires :-
(a) “Collector” means any officer who exercises the powers of a collector under the Land Acquision Act, 1894;
(b) “Estate Officer” means an Officer appointed as such by the State Government under Section 3 of this Act;
(c) “Public Premises” means any premises belonging to, or taken on lease, hire or requisitioned by or on behalf of the State Government the Assam State Electricity Board the Assam State Road Transport Corporation or any Public sector undertaking owned or sponsored by the State Government;
(d) “Premises” means any land or any building or part of a building and includes,-
(i) the garden, grounds and out houses, if any appertaining to such building or part of a building;
and
(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “rent” in relation to any public premises, means the consideration payable periodically for the authorised occupation of the premises, and includes:-
(i) any charge for electricity, water or any other services in connection with the occupation of the premises,
(ii) any tax (by whatever name called) payable in respect of the premises where such charge or tax is payable by the State Government;
(g) “State Government” means the State Government of Assam;
(h) “unauthorised occupation” in relation to any public premises means the occupation by any person of the public premises without authority for such occupation and includes the continuance in occupation by any person of the public premises after the authority under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.
Central Act I of 1894 3 Appointment of Estate Officers.
3. The State Government may, by notification in the official Gazette :-
(a) appoint such persons, being Gazetted Officers of Government, as it thinks fit to be estate officers for the purposes of this Act, and
(b) define the local limits within which, or the categories of pubic premises in respect of which, each estate officer shall exercise the powers conferred, and performed the duties imposed, on estate officers by or under this Act.
Issue of notice to show cause against order of eviction.