Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com TRIPURA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1982 1 of 1983 [] CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Appointment of Estate Officers 4. Issue of notice to show cause against order of eviction 5. Eviction of unauthorised occupants 6. Power to remove unauthorised constructions etc 7. Order of demolition of unauthorised construction 8 . Disposal of property left on public premises by unauthorised occupants 9. Power to require payment of rent or damages in respect of public premises 10. Powers of Estate Officers 11. Appeals 12. Finality of orders 13. Offences and penalties 14. Power to obtain information 15. Liability of heirs and legal representatives 16. Recovery of rent, etc., as an arrear of land revenue 17. Bar of jurisdiction 18. Protection of action taken in good faith 19. Delegation of power 20. Power to make rules TRIPURA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1982 1 of 1983 [] An Act to provide an effective machinery for eviction of unauthorised occupants from public premises and certain incidental matters Be it enacted by the Legislative Assembly of Tripura in the Thirty-third year of the Republic of India as follows : 1. Short title, extent and commencement :- (1) This Act may be called the Tripura Public Premises (Eviction of Unauthorised Occupants) Act, 1982. (2) It extends to the whole of the Tripura. (3) It shall come into force at once. 2. Definitions :- In this Act unless the context otherwise requires (a) "Estate Officer" means an officer appointed as such by the State Gvernment under S. 3 ; (c) "prescribed" means prescribed by rules made under this Act; (f) "statutory authority" means any authority referred to in CL. (d) of this section ; (g) "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 (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. 3. Appointment of Estate Officers :- The State Government may, by notification in the official Gazette (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 im- posed, on Estate Officers by or under this Act. 4. Issue of notice to show cause against order of eviction :- (1) If The Estate Officer is of opinion that any person is in unauthorised occupation of any public premises and that he should be evicted, the Estate Officer shall issue in the manner hereinafter provided a notice in writing calling upon the persons concerned to show cause why an order of eviction should not be made. (3) The Estate Officer shall cause the notice to be served by having affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned. 5. Eviction of unauthorised occupants :- (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under S. 4 and any evidence produced by hm in support of the same and after personal hearing, if any, given under Cl. (b) of sub-S. (2) of S. 4, the Estate Officer is satisfied that the public premises are in unauthorised occupation, the Estate Officer may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises. (2) If any person refuses or fails to comply with the order of eviction within thirty days of the date of its publication under sub- S. (1), the Estate Officer or any other officer duly authorised by the Estate Officer in this behalf may, after the expiry of the period aforesaid, evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary. 6. Power to remove unauthorised constructions etc :- (2) Where any building or other structure or fixture has been erected or any cattle or other animal has been brought on, or any goods have been displayed or spread, in public premises in contravention of the provisions of sub-S. (1), the Estate Officer m a y serve upon the person erecting such building or other structure or fixture or bringing such cattle or other animal or displaying or spreading such goods 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 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 building or ether structure or fixture, or as the case may be, such goods or cattle 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 ma y 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 costs of such removal from the person aforesaid as an arrear of land revenue. 7. Order of demolition of unauthorised construction :- (2) Where the erection or work has not been completed, the Estate Officer may, by the same order or by a separate order, whether made at the time of the issue of the notice under the proviso to sub-S. (1) or at any other time, direct the person at whose instance the erection or work has been commenced or is being carried on, to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under S. 11. (3) The Estate Officer shall cause every order made under sub- S. (1), or as the case may be under sub-S. (2), to be affixed on the outer door, or some other conspicuous part, of the public premises. (4) Where no appeal has been preferred against the order of demo- lition made by the Estaie Officer under sub-S. (1) or where an order of demolition made by the Estate Officer under that sub- section has been confirmed on appeal, whether with or without variation, the person against whom the order has been made shall comply with the order within the period specified therein, or, as the case may be, within the period, if any, fixed by the appellate officer on appeal, and, on the failure of the person to comply with the order within such period, the Estate Officer or any other officer duly authorised by the Estate Officer in this behalf, may cause the erection or work to which the order relates to be demolished. (5) Where an erection or work has been demolished, the Estate Officer may, by order, require the person concerned to pay the expenses of such demolition within such time, and in such number of instalments, as may be specified in the order. 8. Disposal of property left on public premises by unauthorised occupants :- (1) Where any person has been evicted from any public premises under S. 5, or where any building or other work has been demolished under S. 7, the Estate Officer may, after giving fourteen days' notice to the person from whom possession of the public premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property left by such person and remaining on such premises. (2) Where any materials, cattle or other animal have been removed from any public premises under S. 6, the Estate Officer may, after giving fourteen days' notice to the persons owning such materials, cattle or other animal and after pvblishing the notice in at least one newspaper having circulation in the locality, dispose of, by public auction, such materials, cattle or other animal. (3) Notwithstanding anything contained in sub-Ss. (1) and (2), the giving or publication of any notice referred to therein shall not be necessary in respect of any property which is subject to speedy and natural decay, and the Estate Officer may, after recording such evidence as he may think fit, cause such property to be sold or otherwise disposed of in such manner as he may think fit. (5) The expression 'costs', referred to in sub-S. (4) shall include the cost of removal recoverable under S. 6 and the expenses of demolition recoverable under S. 7. 9. Power to require payment of rent or damages in respect of public premises :- (1) Where any person is in arrears of rent payable in respect of any public premises, the Estate Officer may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order. (2) Where any person is, or has, at any time, been in unauthorised occupation of any public premises, the Estate Officer may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may by order, require that person to pay the damages within such time and in such instalments as may be specified in the order, (3) While making an order under sub-S. (1) or sub-S. (2), the Estate Officer may direct that the arrears of rent or, as the case may be, damages shall be payable together with simple interest at such rate as may be prescribed, not being a rate exceeding the current rate of interest within the meaning of the Interest Act, 1978. (4) No order under sub-S. (1) or sub S. (2) 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 same, have been considered by the Estate Officer. 10. Powers of Estate Officers :- An Estate Officer shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a suit in respect of the following matters, namely : (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of documents ; and (c) any other matter which may be prescribed. 11. Appeals :- (1) An appeal shall lie from every order of the Estate Officer made in respect of any public premises under S. 5 or S. 7 or S. 9, to an appellate officer who shall be the District Magistrate and Collector of the district in which the public premises are situte. (4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. (5) The cost of any appeal under this section shall be in the discretion of the appellate officer. (6) The State Government may call for and examine the record of any case pending before or disposed by any appellate officer for the purpose of satisfying itself as to the legality or propriety of any decision made or order passed by that officer and may make such order in the case as it thinks fit. 12. Finality of orders :- 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 executive proceeding 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 conferrred by or under this Act. 13. Offences and penalties :- (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 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-S. (1) may make an order for convicting that person summarily and he shall be liable to such eviction without prejudice to any action that may be taken against him under this Act. 14. Power to obtain information :- If the Estate Officer has reason to believe that any persons are in unauthorised occupation of any public premises, the Estate Officer or any other officer authorised by him in this behalf may require those persons or any other person to furnish information relating to the names or 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. 15. Liability of heirs and legal representatives :- (1) Where any person against whom any proceeding for the determination of arrears of rent or for the assessment of the damages or for the determination of the amount payable by way of interest on such arrears of rent or damages, or for recovery of any cost under sub-S. (2) of S. 6 or any expenses under sub-S. (5) of S. 7, is to be or has been taken dies before the proceeding 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. (2) Any amount due to the State Government or the statutory authority from any person whether by way of arrears of rent or damages or costs of removal referred to in S. 6 or expenses of demolition referred to in S. 7 or interest referred to in sub-S. (3) of S. 9 or any other cost shall, after the death of the person, be payable by his heirs or legal representatives, but their liability shall b e limited to the extent of the assets of the deceased in their hands. 16. Recovery of rent, etc., as an arrear of land revenue :- If any person refuses or fails to pay the expenses of demolition payable under sub-S. (5) of S. 7 or the arrears of rent payable under sub-S. (1) of S. 9 or the damages payable under sub-S. (2) or the interest determined under sub-S. (3) of that section or the costs awarded to the State Government or the statutory authority under sub-S. (5) of S. 11 or any portion of such rent, damages, expenses, interest or costs, within the time, if any or 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 same as an arrear of land revenue. 17. Bar of jurisdiction :- No Court shall have jurisdiction to entertain any suit or proceeding in respect of, (a) the eviction of any person who is in unauthorised occupation of any public premises ; or (b) the removal of any building, structure or fixture or cattle or other animal from any public premises under S. 6, or (c) the demolition of any building or other structure made, or ordered to be made, under S. 7, or (d) the arrears of rent payable under sub-S. (1) of S. 9 or damages payable under sub-S. (2), or interest payable under sub-S. (3), of that seetion ; or 18. Protection of action taken in good faith :- No suit, prosecution or other legal proceeding shall lie against the State Government r the statutory authority or the appellate officer or the Estate Officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder. 19. Delegation of power :- The State Government may, by notification in the official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by an officer of the State Government. 20. Power to make rules :- (1) The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (3) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of Tripura while it is in session for a total period of fourteen 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 sessions immediately following the session or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House 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 rule.