 16 aug 1iol bid no 32: of 1"3 tim public premises (eviction of ,unautho- rised occupants) amendment blll, 1963 a billfurther to amend the public premises (eviction of unauthorised occupants) act, 1958 'be it enacted by parliament in the fourteenth year of the  republic of india as follows:-1 this act may be called the public premises (eviction of un- short titll 8utharised occupants) amendment act, 1963 32 of 19,8 s 2 in section 2 of the public premises (eviction of unauthorised amc~medt occupants) act, 1958 (hereinafter referred to as the principal act), of lectjon 2 after clause (d), the following clause shall be inserted and shall be deemed always to have been inserted, namely:-10 c (dd) "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, is where such charge or tax is payable by·the central government;' 3 in section 3 of the principal act,-amendment j (a) in clause (a), after the words "gazetted officers of gov- of lection 3 ernment", the words, brackets, letter and figure "or officers of equivalent rank of the corporation or any committee or the authority referred to in clause (b) of section 2" shall be inserted; (b) id elause (b), for the words "eacb estate oftleer", tbe words "tbe estate oftleen" shall be substituted 4 in sub-section (2) of section 5 of the principal act,-amendment ot icction s (a) for the words "forty-five days", the words "thirty days" shall be substituted; (b) the proviso shall be omitted amenclmt:nc 5 in sub-section (2) of section 6 of the principal act, after the of lecdon 6 11 d words "rent or damages,", the words "or costs," aha be inserte 10 6 in section 7 of the principal act,-amendment of lection 7 (a) in sub-section (2), the proviso shall be omitted; (b) for sub-section (3), the following sub-section shall be bubstituted, namely:-"(3) no order under sub-section (1) or sub-section (2) is shall· be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the 20 same, have been considered by the estate officer" 7 in section 9 of the principal act,-amendment of icc:tion 9 (a) in sub-section (2), for the words "thirty days" wherever they occur, the wards "fifteen days" shall be subst~tuted; (b) after sub-section (4), the following sub-section shall be 25 inserted, nl1mely:- (4a) the costs of any appeal under this section shall be in the discretion of the appellate officer" anteddmeat oc aectioa 10 8 to section 10 of the principal act, the following words shall be added at the end, namely:-30 "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" 9 after section 10 of the principal act, the following sections lluertiod of shall be inserted, namely:-newaectiona loa, lob, ioc and 100   "loa (1) if any ·person who has been evicted from any ofl'enus and public premises under this act again occupies the premises penalty without authority for such occupation, he shall be punishable with imprisonment 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 under sub-section (1) may make an order for evicting that person summarily and 10 he shall be liable to such eviction wit1!out prejudice to any action that may be taken against him under this act lob if the estate officer has reasons to believe that any power to persons are in unauthorised occupation of any public premises, :a~~d~afoi'­the estate officer or any other officer authari~d by him in this is behalf may require those persons or any other person to furnish information relating to the names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information in his possession  20 - loco (1) where any person against whom any proceeding liability of for the determination of arrears of rent or for the assessment of iheirl' and   ega repredamages is t(1 be or has been taken dles before the proceeding lentatives is taken or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person 2s (2) any amount due to the central government from any person whether by way of arrears of rent or damages or costs shall, after the death of the person, be payable by his heirs or legal representatives, but their liability shall be limited t the extent of the assets of the deceased in their hands 3s 100 if any person refuses or fails to pay the arrears of rent recovery of payable under sub-section (1) of section 7 or the damaees pay- rent, etc, •• able under sub-section (2) of that section or costs awarded to the ~~ ~~rr central government under sub-section (4a) of section 9 or any revenqe 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 who shall proceed to recover the spme a, an altear of land revenue" 10 in section 13 of the principal act,-amendment of ccdod 13· (a) in sub-section (2), after clause (b), the following clause shall ,be inserted, namely:-" (bb) the distribution and allocation of work to estate officers and the transfer of any proceeding pending before 5 an estate officer to another estate officer;"; (b) for sub-section (3), the following sub-section shall be substituted, namely:-"(3) every rule made under this section shall be laid as soon as may be after it is made, before each house of 10 parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, both houses agree in making any modification in the is rule or both houses agree that the :rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that 20 rule  special provi8ion for umitation 11 for the removal of dou,bts, it is hereby declarld that the amendments made by clause (a) of section 7 of this act shall not apply to any order made under section 5 or section 7 of the principal act before the commencement of this act' 2s the public premises (eviction of unauthorised occupants) act, 1958, was enacted to provide for speedy eviction of unauthorised occupants from public premises and for other connected matters experience of the working of the act has however revealed certain difficulties in relation to procedural matters it is, therefore, proposed to amend the act so as to remove those difficulties and to incorporate certain provisions which would help effectively to implement the act the main features of the bill are-(a) a person who, having been evicted from a public premises, reoccupies it without authority will be committing an offence; (b) no court or other authority shall have power to grant any injunction in respect of any action taken or proposed to be taken by or under the act; (c) the heirs and legal representatives of a person will be liable for arrears of rent or damages or costs due from that person; -(d) the reduction of the time for preferring appeals and for compliance with the orders of eviction mehr chand khanna new delhi; the 8th july 1963 clause 3 of the bill contemplates appointment of more estate officers, who would be empowered to evict persons in unauthorised occupation of public premises it is intended that this work would be entrusted to existing officers and it may not, therefore, be necessary to incur any additional expenditure it is, however, difficult to anticipate whether it would be necessary to create in future any additional posts for expediting the disposal of the work it is not, therefcxre, possible to give any estimate of the additional expenditure, if additional posts are created even if any additiopal expenditure is involved, it is not lilrely to be appreciable and may be about fifty thousand rupees per annum  mmorandum regarding delegated legislationclause 10 of the bill seeks to amend sub-section (2) of section 13 of the act in order to empower the central government to make rules for the distribution and allocation of work to estate officers and the transfer of any proceeding pending before an estate officer to another estate officer these are matters of procedural and adminis· trative nature 2 the delegation of legislative power is thus of a normal charae· ter - - - - - 3 the central government may, by notification in the oftlci~l gazette,-appointment of cit ate officers (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 public premises in respect of which, each estate officer shall exercise the powers conferred, and perform the duties imposed, on estate officers by or under this act - - - - - 5 (1) - - - - eviction of udauthor sed occupants (2) if any person refuses or fails to comply with the order of eviction within forty-five days of the date of its publication under sub-section (1), the estate officer or any other officer duly authorized by the estate officer in this behalf may evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary: provided that in the case of any such person who is not a government employee and who has been in continuous occupation of the public premises for a period exceeding three years immediately preceding the date of the publication of the order of eviction, the estate officer shall not, if an application is made to him in this behalf, evict such person from the public premises within ninety days of such publication g (1) - - - - diapoaalof propa:ty    left ~n (2) where any property is sold under sub-becbon (1), the sale ;~~e by proceeds shall, after deducting the expenses of the sale and 'the unauthor:sed amount, if any, due to the central government on account of occupaots arrears of rent or damages, 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 whom the balance of the amount is 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 (1) -  - - power to recover rent (2) where any person is, or has at any time been, in unauthoris- ?r damages cd occupation of any public premises, the estate officer may, having ~~ ~~cli~t regard to such principles of assessment of damages as may be pres- premises as cribed, assess the damages on accouht of the use and occupation of ia~da~~!_ such premises and may, by order, require that person to pay the nue damages within such time and in such instalments as may be specified in the order: provided that no such order shall be made until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the estate officer (3) if any person refuses or fails to pay the arrears of rent or any instalment thereof payable under sub-section (1) or the damages or any instalment thereof payable under sub-section (2) within the time specified in the order relating thereto, the estate officer may issue a certificate for the amount due tq the collector who shall proceed to recover the same as an arrear of land revenue  - - - - - appeala 9 (1) - - -  (2) an appeal under sub-section (1) shall be preferred-(a) in the case of an appeal from an order under section 5, within thirty days from the date of publication of the order under sub-section (1) of that section; and (b) in the case of an appeal from an order under section 7, within thirty days from the date on which the order is communi-·cated to the appellant: provided that the appellate officer may entertain the appeal after the expiry 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 '" '" - finality d" orders 10 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 original suit, application or execution proceeding '" '" '" - power tc! 13 (1) the central government may, by notification make rules in the of this official gazette, make rules for carrying out the purposes act '" - - '" - (3) all rules made under this section shall, as soon as may be after they are made, be laid for not less than thirty days before each house of parliament and shall be subject to such modifications as parliament may make during the session in which they are so laid or the session immediately following a bill further to amend the public premises (ev iction of unauthorised occupants) act, 1958 (shri mehr chand khanna,        minister of works,        housing and        rehabilitat ion) 