The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – Sections and full text – Page 2

Section 15 Bar of jurisdiction.

¹ [15. 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 goods, cattle or other animal from any public premises under section 5A, or

(c) the demolition of any building or other structure made, or ordered to be made, under section 5B, or

⁶⁰ [(cc) the sealing of any erection or work or of any public premises under section 5C, or]

(d) the arrears of rent payable under sub-section (1) of section 7 or damages payable under sub-section (2), or interest payable under sub-section (2A), of that section, or

(e) the recovery of--

(i) costs of removal of any building, structure or fixture or goods, cattle or other animal under section 5A, or

(ii) expenses of demolition under section 5B, or

(iii) costs awarded to the Central Government or statutory authority under sub-section (5) of section 9, or

(iv) any portion of such rent, damages, costs of removal, expenses of demolition or costs awarded to the Central Government or the statutory authority.]

¹. Subs. by s. 12, ibid., for section 15 (w.e.f. 20-12-1980).

². Ins. by Act 35 of 1984, s. 9 (w.e.f. 13-11-1984).

Section 16 Protection of action taken in good faith.

No suit, prosecution or other legal proceeding shall lie against the Central Government or the ¹ [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.

¹. Subs. by Act 61 of 1980, s. 2, for "corporate authority" (w.e.f. 20-121980).

Section 17 Delegation of powers.

The Central 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 a State Government or an officer of the State Government or an officer of the State Government.

Section 18 Power to make rules. 2 docs

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served;

(b) the holding of inquiries under this Act;

(c) the distribution and allocation of work to estate officers and the transfer of any proceeding pending before an estate officer to another estate officer;

(d) the procedure to be followed in taking possession of public premises;

(e) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages;

¹[(ee) the manner in which the sealing of any erection or work or of any public premises shall be made under sub-section (1) of section 5C;]

²[(ea) the rate at which interest shall be payable on arrears of rent specified in any order made under sub-section (1) of section 7, or damages assessed under sub-section (2) of that section;]

³[(eb) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 11B;

(ec) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 11B;]

(f) the manner in which appeals may be preferred and the procedure to be followed in appeals;

(g) any other matter which has to be or may be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or ⁴[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,] both Houses agree in making any modification in the 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 rule.

1. Ins. by Act 35 of 1984, s. 10 (w.e.f. 13-11-1984).

2. Ins. by Act 61 of 1980, s. 13 (w.e.f. 20-12-1980).

3. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 1-7-2026).

4. Subs. by Act 61 of 1980, s. 13 for certain words (w.e.f. 20-12-1980).

Section 19 Repeal.

The Public Premises (Eviction of Unauthorised Occupants) Act, 1958 (32 of 1958), is hereby repealed.

Section 20 Validation.

Notwithstanding any judgment, decree or order of any court, anything done or any action taken (including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the public Premises (Eviction of Unauthorised Occupants) Act, 1958 (32 of 1958) (hereafter in this section referred to as the 1958-Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act which, under sub-section (3) of section 1 shall be deemed to have come into force on the 16th day of September, 1958, and accordingly--

(a) no suit or other legal proceeding shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under the 1958-Act where such refund has been claimed merely on the ground that the said Act has been declared to be unconstitutional and void; and

(b) no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under the 1958-Act merely on the ground that the said Act has been declared to be unconstitutional and void.

Section 11B Adjudication of penalties.

¹[11B. Adjudication of penalties. ---(1) For the purpose of adjudicating penalties under sub-sections (2) and (4) of section 11, the Central Government shall appoint an officer at least one rank higher than the Estate Officer as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the Central Government may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Any person aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to such officer, at least one rank higher than the adjudicating officer, as may be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed.

(3) The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.

(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.

(6) If a penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]

1.Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 1-7-2026).

Rules, notifications and other documents under this section 2