 to the public fret-118m (eviction of unauthorised occupants) amindhent bill, 1983 (as introduced in 10k ~bha) •1 - i'a ge l~, line 40,-a fter "or" insert "of" 2 page 5, line 8 from bottom,-after "availed" insert "of" 3 page 8, line 8,-!ql: "appeliate" ~ ''appellate'' 4 page 8,-against section 15, insert t:ho l'i'ilrginal hoaninp'" "bar of jurisdiction " ) ',-" i , new dslhi; august 25' 1983 bha dra 3 19f'l 5' c sa ka)  bill no 105 of 1983 the public premises (eviction of unauthorised occupants) amendment bill, 1983 a billfuf1her to amend the publ~' premises (eviction of unauthorised occupantls) act, 1971 be it enacted by parliament in the thirty-fourth year of the republic of india as follows:-1, (1) this act may be called the public premises (eviction of short unauthorised occupants) amendment act, 1983 title and 5 com mencement (2) it shall come into force on such date as the central government may, by notification in the officiial gazette, appoint and different dates may be appointed for different provisions of this act 40 of 1971 2 in section sa of the public premises (eviction of unauthorised occupants) act, 1971 (hereinafter referred to as the principal act) ,-10 amendment of section (a) in sub-seetlon (1), in clause (a), for the words "other 5a structure or fixture", the words "any movable or immovable structure or fixture" shall be substituted; (b) for sub-seetion (2), the following sub-sections shall be substltu1led, namely:-(2) where any building or other immovable structure or fixture has been erected, placed or raised on any, public premises in contravention of the provisions of sub-section (1), the estate officer may serve upon the person erecting such building or other structure or fixture, a notice requiring him 5 either to remove, or to show cause why he shall not remove such building or other structure or fixture from the public premises within such period, not being less than seven days, as he may specify in the notice; and on the omission or refusal of such person either to show cause, or to remove such build- jo ing or other structure or fixture from the public premises, or where the cause shown is not, in the opinion of the estate officer, sufficient, the ~state officer may by order, remove or cause to be removed the building or other structure or fixture from the public premises and recover the cost of such removal 15 from the person aforesaid as an arrear of land revenue (3) where any movable structure or fixture has been erected, placed or raised, or any goods have been displayed or spread, or any cattle or other animal has been brought or kept, on any public premises, in contravention of the provisioll8 of 20 sub-section (1) by any person, the estate officer may, by order, remove or cause to be removed without notice, such structure, fixture, goods, cattle or other animal, as the case may be, from the public premises and recover the cost of such removal from such person as an arrear of land revenue" 3 in section sb of the principal act, in suh-section (1),-amendment of section 5b (a) in the opening paragraph the words brackets and figure u, not being less than seven days, or more than fifteen days, from the date of publication of the order under sub-section (3)" shall be omitted; (b), in the proviso, af~r the words "by means of a notice", the 30 words "of not less than seven days" shall be inserted 4 after section sb of the principal act, the following section shall be inserted, namely:-, - insertion of new _-tion 5c power to seal unauthorised constructions '"sc (1) it shall be lawful for the estate officer, at any time, before or after making an order of demolition under section 5b, to 35 make an order directing the sealing of such erection or work or of the public premises in which such erection or work has been com-menced or is being carried on or has been completed in such manner as may be prescribed, for the purpose of carrying out the provisions of this act, or for preventing any dispute as to the dature and 4-0 extent of such erection or work (2) wher~ any erection or work or any premises in which any erection or work is being carried on has, or have been sealed, the estate officer may, for t,he purpose of demolishing such erection or work m accordance with the provisions of this act, order bucll seal 45 to be removed "" ' ' , (3) no person shall remove such seal except-(a) under an order made by the estate officer under subsection (2) j or (b) under an order of the appellate officer made in an 5 appeal under this act" 5 in section 9 of the principal act,-amend_ ment of section 9 (a) in sub-section (i), after the words, figure and letter "or section 5b", the words, figure and letter "or section 5c" shall be inserted; ('b) in sub-section (2),-10 (i) in clause (a) the word "and" at the end shall be omitted; (ii) in clause (b), the word "and" shall b'i! inserted at the end; (iili) after clause (b) the following clause shall be inserted, 15 namely:-"(c) in the case of an appeal from an order under section 5c, within twelve days from the date of such order;" & in section 11 of the principal act,-amendment of seetion 11 20 (a) sub-sections (1) and (2) shall be renumbered as subsections (2) and (3) thereof respectively, and before sub-section (2) as so renumbered, the following sub-section shall be inserted, namely:-"(1) if any person unlawfully occupies any public premises, he shall be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both: provided that a person who, having been lawfully in occupation of any public premises by virtue of any authority (whether by way of grant, allotment or by any other mode whatsoever) continues ito be in occupation of such premises after such authority has ceased to be valid, shall not be guilty of such offence"; (b) in sub-section (2) as so renumbered, for the words one thousand rupees", the words "five thousand rupees" shall be substituted; 35 (e) in sub-section (3) as so renumbered, for the word, brackets and figure "sub-section (1) it, the word, brackets and figure "sub-section (2)" shall be substituted 7 mter section 11 of the principal act, the following section shall 40 be inserted, namely:-2 of 1974 "lla the code of criminal procedure, 1973, shall apply to an offence under section 11 as if it were a cognizable offence--(i) for the purposes of investigation of such offence, and inser~io of new section 11a of!enc;es under section 11 to be cognizable (ii) for the purposes of matters other than-(1) matrers referred to in section 42 of that code, and (2) arrest of a person except on the complaint of or upon information received from,-(a) a group a officer as may be appointed by the central government, in the case of an offence in relation to the public premises specified in sub-clause (1) 5 of clause (e) of section 2: (b) an officer equivalent to the rank of a group a officer of the central government or where it is not possible to specify an officer of such equivalent rank such executive officer as may be appointed by the 10 statutory authority in the case of an offence in relation to the public premises specified in sub-clause (2) ot clause (e) of section 2; (c) such deputy commissioner, in the case of an offence in relation to the public premises belonging to 15 the municipal corporation of delhi, a's may be appointed by the administrator of the union territory of delhi; (d) the secretary, new delhi municipal committee in the case of an offence in relation to the public 20 premises belonging to the new delhi municipal com  ~~; ~ (e) the secretary of a notified area committee, in the case of an offence in relation to the public premises belonging to that committee; 25 (f) such director, in the case of an offence in relation to the public premises belonging to the delhi development authority, as may be appointed by the administrator of the union territory of delhi", 8 in section 13 of the principal act, in sub-section (j a), after the 30 word, brackets and figure "sub-section (2) ", the words, brackets and figure "or sub-section (3) , shall be inserted, amendment of section 13 9 in section 15 of the principal act, after clause (c), the following clause shall be inserted, namely:-amendment of section 15 "(ce) the sealing of any erection or work or of any public pre- 35 mises under section sc, or", 10 in sub-section (2) of section 18 of the principal act, after clause (e), the following clau'se shall be inserted, namely:-amendment of lection 18 ii (ee) the manner in which the sealing of any erection or work or any public premises shall be made under sub-section (1 \' o~40 section' 5c;''' '   statement of objects and reasonsthe public premises (eviction of unauthorised occupants) act, 1971, provides for the eviction of unauthorised occupants from public premises and, for this purpose, the act provines for appointment of estate officers who have been given power, after necessary inquiry, to pass orders of eviction of such unauthorised occupants the estate officer has also been given powers to remove, and to order demolition of, unauthorised constructions 2 of late cases of unauthorised occupation in public premises especially in the union territory of delhi, had been on the increase thele had been suggestions from many quarters to strengthen the provistbns of this act by providing for increased penalties and making the offences under the act cognizable in order, therefore, to enable the estate officers to exercise their powers under the act effectively and to remove unauthorised occupants from public premises, it is proposed to amend the act 3 the bill ac<'ordingly provides, among other things, for the following changes in the act, namely:-(i) under the existing provisions, the estate officer is required to make an order directing the demolition of unauthorised cunstruction within a period of not less than seven days or more than fifteen days to be specified in such order and no such order shall be made unle~s the person concerned has been given a show cause notice it is proposed to omit the provision regarding the reference to the specific period to be mentioned in the order for demolition and to provide only for a period of seven days for the show cause notice (ii) it is proposed to empower the estate officer, at any time before or after making an order of demolition of unauthorised construction, to make an order to direct the sealing of any unauthorised construction the sealing of such unauthorised construction in pursuance of an order made by the estate officer can be removed only by him for the p'urpose of demolishing such construction or in pursuance of an order made by the appellate officer in any appeal made under the provisions of the act a provision for appeal against the order of sealing by the estate officer to the appellate officer has also been included (iii) it is proposed to create a new offence of unlawful occupation of any public premises and to make it punishable with imprisonment for six months or with fine up to five thousand rupees opportunity has· also been availed to increase the penalty by way of fine now provided for occupying a public premises by an evicted person without authority for such occupation (iv) it is also proposed to make the offences under the act cognizable 4 the bill seeks to achieve the aforesaid objects new dellii; the 19th au{1u8t 1983 birra singh  memorandum regarding delegated legislationclause 10 of the bill seeks to insert a new clause (ee) in sub-section  (2) of section 18 of the public premises (eviction of unauthorised occupants) act, 1971, so as to empower the central government to specify by rules the manner in which the sealing of any erection or work or of any public premises shall be made under sub-section (j) of the new section 5c proposed to be inserted in the act by clause 4 of the bill 2 the matters with respect to which rules may be made by the central government under the proposed provision are matters of procedure or detail the delegation of legislative power is, therefore, normal in character  occupants) act, 1971(40 of 1971) - - - - - - sa (1) no person shallor power to remove unauthorised constructions, etc (a) erect or place or raise any building or other structure fixure, - - - - - - on, or against, or in front of, any public premises except in accordance with the authority (whether by way of grant or any other mode of traimfer) under which he was allowed to occupy such premises; (2) where any building or other structure or fixture has been erected or any goods have been displayed or spread or any cattle or other animal has been brought on, any public premises in contravention of the provisions of sub-section (1), the estate officer may serve upon the person erecting such building or other structure or fixture or displaying or spreading such goods' or bringing such cattle or other animal on the public premises, a notice requiring him either to remove or to show cause why he shall not remove, such building, other structure or fixture, or, as the case may be, such goods or cattle or other animal from the public premises within such period, not being jess than seven days, as he may specify in the notice; and on the omission or refusal of 'such person either to show cause, or to remove such building or other structure or fixture, or, a's the case may be, such goods or calttle or other animal from the public premises, or, where the cause shown is not in the opinion of the estate officer, sufficient, the estate officer may remove the building or other structure or fixture, or, as the case may be, such goods or cattle or other animal from the public premises and recover the cost of such removal from the person aforesaid as an arrear of land revenue | order      ||------------|| demolition || of         || unautho-   || rised      || construc-  || tion      |58 (1) where the erection of any building or execution of any work has been commenced, or is being carried on or ha!': been completed, on any public premises by any person in occupation of such public pr~­mises under an authority (whether by way of m-ant or any other mode of transfer), and such erecti'on of building or execution of work i~ in contravention of, or not authorised by, such authority, then the estate officer may, in addition to any other action that may be taken under this act at in accordance with the terms of the authority aforesaid make an order, for reasons to be recorded therein, directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced, or is being carried on, or has been completed within such period, as may be specified in the order, not being less than seven days, 01' more than fifteen days, from the date of publication of the order under suh·~~~tiqn (3): , provided that no order under thios sub-section shall be made unless the person concerned has been given, by means of a notice served in the prescribed manner, a reasonable opportunity of showing cause why such order should not be made - - - - - - appeals 9 (1) an appeal shan lie from every order of the estate officer made in respect of any public premises under section 5 or section 5b or section 7 to an appeliate officer who shall be the district judge of the district in which the public premises are situate or such other judicial officer in that district of not less than ten years' standing as the 10 district judge may designate in this behalf (2) an appeal under sub-section (1) shall be preferred,-(a) in the case of an appeal from an order under section 5, within twelve days from the date of publication of the order under sub-section (1) of that section; and 15 offences and penalty (b) in the case of an appeal from an order under section 5b or section 7, within twelve days from the date on which the order is communicated to the appellant: provided that the appellate officer may entertain the appeal after the expiry of the said period, if he is scitisfied that the appellant was 20 prevented by sufficient cause from filing the appeal in time tt (1) if any person who has been evicted from any public premises under this act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may exrend to one year, or with fine which may extend rto one 25 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 he shall be liable to such eviction without prejudice to any other action that may be taken against him under this act 30 - -  | 13         | (1)    ||-------------|--------|| -           |        ||          |        ||          |     || -           |        || -           |        || ,           |        || "           |        ||             |        || ,           |        || liability   |        || of heirs    |        || and         | legal  || rew-e-      |        || sentatives |        |(1 a) where any person from whom any cost of removal of any building or other structure or fixture, or, as the case may be, any goods, cattle or other animal is to be recovered under 'sub-section (2) of sec- 35 tion 5a, or any- expenses of demolition are to be recovered under subsection (5) of section 5b, dies before any proceeding is taken for the recovery of such cost 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  - - -  -  15 no court shall have jurisdiction to entertain any suit or proceeding in respect of-~i" power to make rules 18 "(1) -   - "  (2) in particular, and without prejudice to the generality of the 45 foregoing power, such rules may provide for all or any of the following matters, namely:-- - - - -  a billfurther to amend the publicpremises (eviction of unauthorised occup~) act, 1971 (shri buta singh mmistlet of parliamentary a:fjaits, sports and wotks & housing) 