The Punjab Public Premises and Land (Eviction and Rent Recovery)
Rules, 1974
Contents
|
S.No. |
Contents |
|
1.
|
|
|
2.
|
|
|
3.
|
|
|
4.
|
|
|
5.
|
|
|
6.
|
|
|
7.
|
|
|
8.
|
|
|
9.
|
|
|
10.
|
|
|
11.
|
|
|
12.
|
|
|
13.
|
|
|
14.
|
|
|
15.
|
The Punjab Public Premises and Land (Eviction and Rent Recovery) Rules,
1974
1. Short title- These rules may be called the Punjab Public
Premises and land (Eviction and Rent Recovery) Rules, 1974.
2. Definition- In these rules, unless the context otherwise
requires-
(a)
Act
means the Punjab Public Premises and Land (Eviction and Rent Recovery)Act,
1974;
(b)
Form
means a Form appended to these rules;
(c)
Words
and expressions used but not defined in these rules shall have the meanings if
any assigned to them in the Act.
3. Form of notices and orders- Section 17(2)(a)- A notice or
order under the Act shall be in one of the appropriate Forms appended to these
rules.
2[4. Manner of service of notices- (1) In addition to any mode of
service specified in the Act, a notice issued under sub section (1) of section
4 or sub section (1) of section 6 or sub section (3) of section 7 of the Act
shall be served by delivering or tendering a copy of the notice to the person
for whom it is intended or to any adult member of his family, or by sending it
by registered post in a letter addressed to that person at his usual or last
known place of residence or business.
(2) Where the copy of the notice under sub
rule (1) is delivered or tendered the signature of the person to whom the copy
is so delivered or tendered shall be obtained in token or acknowledgement of the
service.
(3) In respect of a notice issued under sub
section (1) of section 6 or sub section (3) of section 7 of the Act, where the
person or the adult member of the family of such person refuses so sign the
acknowledgement or where such person cannot be found after using all due and
reasonable diligence and there is no adult member of the family of such person,
a copy of the notice shall be affixed on the outer door or some other
conspicuous part of the ordinary residence or usual place of business of such
person and the original notice shall be returned to the Collector who issued
the notice, with a report endorsed thereon or annexed thereto stating that a
copy has been so affixed, the circumstances under which it was so done and the
name and address of the person, if any, by whom the ordinary residence or usual
place of business was identified and in whose presence the copy was affixed.
(4) If a notice issued under sub section (1)
of section 4 or sub section (3) of section 7 of the Act can not be served in
the manner provided in sub rule (1), the Collector may, if he thinks fit,
direct that such notice shall also be published in at least one newspaper
having circulation in the locality and he may also proclaim the contents of any
notice in the locality by beat of drum].
1.
See Pb. Leg. Suppl. Part-III, dt. 25/10/1974,
P.623.
2.
See Pb. Leg. Suppl. Part III, dt. 6/10/1976.
5. Holding of inquiries-
[ Section 17 (2) (b)]-(1) Where any person on whom a notice or order under this
Act has been served desires to be heard though his representative, he should
authorise such representative in writing.
(2) The
Collector shall record the summary of the evidence tendered before him. The
summary of such evidence and any relevant documents filed before him shall form
part of the records of the proceedings.
6. Manner of taking
possession of public premises- [Section 5(2) and 17 (2) (c)]- (1) If any
obstruction is offered, or is in the opinion of the Collector likely to be
offered to the taking possession of any public premises under the Act, the
Collector or any other officer duly authorised by him in this behalf may obtain
necessary police assistance.
(2) Where
any public premises of which possession is to be taken under the Act, is found
locked, the Collector or any 1[--] officer duly authorised by him in
this behalf may either seal the premises or in the presence of two 1[independent] witnesses break open the locks or open or
cause to be opened any door, gate or other barrier and enter the premises:
Provided that-
(1)
no entry
shall be made into, or possession taken of, a public premises before sunrise or
after sunset;
(2)
where
any public premises is forced open, an inventory of the articles found in the
premises shall be prepared in the presence of two 1[independent]
witnesses.
7. Assessment of damages-[Section
7 and 17 (2)(d)]- In assessing damages for unauthorised use and occupation of
any public premises, the Collector shall take into consideration the following
matters, namely:-
(a)
the
purpose and the period for which the public premises were in unauthorised
occupation;
(b)
the
nature size 1[, location] and standard of the accommodation
available in such premises;
(c)
the
rent that would have been realised if
the premises had been let on rent for the period of unauthorised occupation to
a private person;
(d)
any
damage done to the premises during the period of unauthorised occupation;
(e)
any
other matter relevant for the purpose of assessing the damages.
8. Procedure in appeals-[Section
9 and 17 (2)(e)].-(1) An appeal preferred under section 9 of the Act, shall be
in writing, shall set forth concisely the grounds or objection to the order
appealed against, and shall be accompanied by a copy of such order.
(2) On
receipt of the appeal and after calling for and persuing the record of the
proceedings before the Collector, the appellate officer shall appoint a time
and place for the hearing of the appeal and shall give notice thereof to the
Collector against whose orders the appeal is preferred and to the appellant.
9. The Punjab Public Premises and Land
(Eviction and Rent Recovery) Rules, 1959 are hereby repealed.
1. See Pb. Leg. Suppl. Part III, dt.
6/10/1976.
Form of notice under sub section (1) of section
4 of the Punjab Public Premises and land (Eviction and Recovery) Act, 1973.
To
Shri/Shrimati/Kumari_____________
_____________________________
Whereas I, the undersigned, am of
opinion, on the grounds specified below, that you are in unauthorised
occupation of the public premises mentioned in the Schedule below and that you
should be evicted from the said premises:
GROUND
Now, therefore, in pursuance of sub
section (1) of section 4 of the Act, I hereby call upon you to show cause on or
before the *_________ why such an order of eviction should not be made.
SCHEDULE
Dated_________ Signature and Seal
of the Collector.
*This date should be a date not earlier than
ten days from the date of issue of the notice.
Order under sub section (1) of section 5 of the
Punjab Public Premises and land (Eviction and Recovery) Act, 1973.
Whereas I, the undersigned, am satisfied for
the reasons, recorded below that Shri/Shrimati/Kumari______________ is / are in
unauthorised occupation of the public premises specified in the Schedule below.
REASONS
Now, therefore, in exercise of the
powers conferred on me by sub section (1) of section 5 of the Act, I hereby
order the said Shri/Shrimati/Kumari___________ and all persons who may be in
occupation of the said premises or any part thereof to vacate the said premises
within thirty days of the date of publication of this order. In the event of
refusal or failure to comply with this order within the period specified above,
the said Shri/Shrimati/Kumar________ and all other person concerned are liable
to be evicted from the said premises, if need be by the use of such force as
may be necessary.
SCHEDULE
Dated_____ Signature
and Seal of the Collector.
Form of notice under sub section (1) of section
6 of the Punjab Public Premises and land (Eviction and Recovery) Act, 1973.
To
Shri/Shrimati/Kumari_____________
_____________________________
Whereas on the ________ you were
evicted from the public premises described in the schedule below which was
unauthorisedly occupied by you.
Now, therefore, in exercise of the powers
conferred on my by sub section (1) of section 6 of the Act, I hereby give you
notice that after fourteen days of the service of this notice on you, any
property remaining on the said premises will be liable to be removed or
disposed of by public auction. In case you desire to take possession of your
property and to remove the same from the said premises, you will be permitted
to do so on written authority from the undersigned provided any arrears of
rent/damages due from you are paid within the said period of fourteen days.
SCHEDULE
Dated_____ Signature
and Seal of the Collector.
Notice under sub section (3) of section 7 of
the Punjab Public Premises and land (Eviction and Recovery) Act, 1973 read with
sub section (1) of section 7 thereof.
To
Shri/Shrimati/Kumari_____________
_____________________________
Whereas you are in occupation of the
Public premises described in the Schedule below:
And whereas a sum of Rs._____ being the arrears
of rent from the _______ day of _________ 19________ upto the _____ day
of________ 19_________, in respect of the said premises is due and payable to
you to the Government;
Now, therefore, as required by sub section (3)
of section 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery)
Act, 1973. I hereby call upon you to show cause on or before the __________ why
an order requiring you to pay the said arrear of rent should not be made.
SCHEDULE
Dated_____ Signature
and Seal of the Collector.
Form of order under sub section (1) of section
7 of the Punjab Public Premises and land (Eviction and Recovery) Act, 1973.
To
Shri/Shrimati/Kumari_____________
_____________________________
Whereas you are/were in occupation of
the public premises described in the Schedule below:
And whereas, by a written notice dated
_____________ you were called upon to show cause on or before _______why an
order requiring you to pay sum of Rs.________being the rent payable in respect
of the said premises should not be made.
*And whereas, I have considered your objection
and/or the evidence produced you you;
*And, whereas, you have not made by objections
or produced any evidence before the said date;
Now therefore, in exercise of the powers
conferred by sub section (1) of section 7 of the Punjab Public Premises and
Rent (Eviction and Rent Recovery) Act, 1973, I hereby require you to pay the
sum of Rs.________ (Rupees___________) as follows:
In case
the said sum is not paid within the said period or in the said manner, it will
be recovered as an arrear of land revenue.
SCHEDULE
Dated_____ Signature
and Seal of the Collector.
*Strike of portion and required.
Notice under sub section (3) of section 7 of
the Punjab Public Premises and land (Eviction and Recovery) Act, 1973 read with
sub section (2) of section 7 thereof.
To
Shri/Shrimati/Kumari_____________
_____________________________
Whereas I, the undersigned, am
satisfied that you/were in unauthorised occupation of the public premises
mentioned in the Scheduled below:
And whereas in exercise of the powers conferred
on my by sub section (2) of section 7 of the Punjab Public Premises and Land
(Eviction and Rent Recovery) Act, 1973, I consider the damages amounting to
Rs._________ at the rate of Rs.________, p.m./p.a. have been caused on account
of unauthorised use and occupation of the said premises for the period
from__________to ________.
Now, therefore, as required by sub
section (3) of section 7 of the Act, I hereby call upon you to show cause on or
before the ___________, why an order requiring you to pay the said damages
should not be made.
SCHEDULE
Dated_____ Signature
and Seal of the Collector.
Form or order under sub section (2) of section
7 of the Punjab Public Premises and land (Eviction and Recovery) Act, 1973.
To
Shri/Shrimati/Kumari_____________
_____________________________
Whereas I, the undersigned, am
satisfied that you/were in unauthorised occupation of the public premises
mentioned in the Scheduled below:
And whereas by a written notice date____ you
were called upon to show cause on or before the _______, why an order requiring
you to pay damages of Rs._______ for unauthorised use and occupation of the
said premises, should not be made;
*And whereas I have considered your objections
and/or the evidence produced by you _____.
*And whereas you have not made any objections
or produced any evidence before the said date;
Now, therefore, in exercise of the powers
conferred on me by sub section (2) of section 7 of the Punjab Public Premises
and Land (Eviction and Rent Recovery) Act, 1973, I hereby order you to pay the
sum of Rs._________, assessed by me as damages on account of your unauthorised
occupation of the said premises on or before the _________.
In the
event of your refusal of failure to pay the damages within the said period, the
amount will be recovered as an arrear of land revenue.
SCHEDULE
Dated_____ Signature
and Seal of the Collector.
*Strike off portion not required.