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The Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1994

Amendment Act · 19944,153 characters of text

The enactment

TypeAmendment Act
Year1994
StatusIn force as published by the source
TextPublished as one document, as the source published it

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

REGISTERED NO. DL-33004/94 The Gazette of India EXTRAORDINARY

PART II—Section 1 PUBLISHED BY AUTHORITY No. 7| NEW DELHI, FRIDAY, JANUARY 7, 1994/PAUSA 17, 1915 Separate paging it. given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 7th January, 1994/Pausa 17, 1915 (Saka) The following Act of Parliament received the assent of the President on the 7th January, 1994, and is hereby published for general information:— THE PUBLIC PREMISES (EVICTION OF UNAUTHO- RISED OCCUPANTS) AMENDMENT ACT, 1993 No 7 OF 1994 [1th January, 1094.] An Act further to amend the Public Premises (Eviction of Unauthorised Occupants) Act 1971. BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:—

1. (1) This Act may be called the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1993.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Short title and commencement. 40 of 1971.

2. In section 2 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the principal A c t ) -

(1) in clause (e) , ~ (A) in sub-clause (2) ,—

(a) in item (vi), the word "and", occurring at the, end, shall be omitted; Amendment of section 2, 7 G Of I—1. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PMIT II—

(b) after item (vi), the following items shall be inserted, namely: — " (vii) any State Government or the Government of any Union territory situated in the National Capital Territory of Delhi or in any other Union territory,

(viii) any Cantonment Board constituted under the Cantonments Act, 1924; and"; 2 of 1924. (B) in sub-clause (3) ,—

(a) in the opening portion, for the words ' Union territory of Delhi", the words "National Capital Territory of Delhi" shall be substituted; Q') in iiem (i), the word "and", occurring ot the end, shall ba omitted;

(c) in item (ii), the word "and" shall be added at the end;

(d) after item (ii), the following item shall be inserted, namely: — " (Hi) any premises belonging to, or taken on lease or requisitioned by, or on behalf of any State Government or the Government of any Union territory.";

(2) in clause (fa), in item (iu), for the word, brackets and figures "and (vi)", the brackets, figures and word ", (vi) and (viii)" shall be substituted;

(3) after clause <ja)t the following clause shall be inserted, namely; — '(fb) "temporary occupation", in relation to any public premises, means occupation by any person on the basis of an order of allotment made under the authority of the Central Government, a State Government, the Government of a Union territory or a statutory authority for a total period (including the extended period, if any) which is less than thirty days;'. Amendment of section

3.

3. In section 3 of the principal Act, in clause (a). after the words "officers of Government", the words "or of the Government of any Union territory" shall be inserted. Insertion of new secton

3A. Eviction temporary occupation.

4. After section 3 of the principal Act, the following section shall be inserted, namely: — "3A. Notwithstanding anything contained in section 4 or section 5, if the estate officer, after making such inquiry as he deems expedient in the circumstances of the case, is satisfied tbrit any persons who were allowed temporary occupation of any public premises are in unauthorised occupation of the said premises, he may, for reasons to be recorded in writing, make an order for the eviction of such persons forthwith and, thereupon, if such SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 3 persona refuse or fail to comply with the said order of eviction, he may evict them from the premises and take possession thereof and may, for that purpose, use such force as may be necessary.".

5. In section 4 of the principal Act, sub-section (4) shall be omitted. Amendment of section 4. K. L. MOHANPURIA, Secy, to the Govt, of India. PRINTED BY THE MANAGER, G<WI RNMENT OF INDIA i'RESS, MINTO ROAI>, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1994.

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