THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 
 Last Updated 18-3-2020 
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SECTIONS  

ARRANGEMENT OF SECTIONS 
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1.  Short title, extent and commencement.  
2.  Definitions.  
3.  Appointment of estate officers.  
3A. Eviction from temporary occupation.  
3B.  Eviction from residential accommodation. 
4.  Issue of notice to show cause against order of eviction.  
5.  Eviction of unauthorised occupants.  
5A. Power to remove unauthorised constructions, etc.  
5B. Order of demolition of unauthorised construction.  
5C. Power to seal unauthorised constructions.  
6.  Disposal of property left on public premises by unauthorised occupants.  
7.  Power to require payment of rent or damages in respect of public premises.  
8.  Powers of estate officers.  
9.  Appeals.  
10.  Finality of orders.  
11.  Offences and penalty.  
11A. Offences under section 11 to be cognizable.  
12.  Power to obtain information.  
13.  Liability of heirs and legal representatives.  
14.  Recovery of rent, etc., as an arrear of land revenue. 
15.  Bar of jurisdiction.  
16.  Protection of action taken in good faith.  
17.  Delegation of powers.  
18.  Power to make rules.  
19. Repeal.  
20. Validation. 

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THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED  
OCCUPANTS) ACT, 1971 

ACT NO. 40 OF 1971 

An  Act  to  provide  for  the  eviction  of  unauthorised  occupants  from  public  premises  and  for 

certain incidental matters. 

BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Public  Premises 

[23rd August, 1971.] 

(Eviction of Unauthorised Occupants) Act, 1971. 

(2) It extends to the whole of India. 

(3) It shall be deemed to have come into force on the 16th day of September, 1958 except sections 11, 

19 and 20 which shall come into force at once. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

1* 

* 

* 

* 

* 

(b)  “estate  officer”  means  an  officer  appointed  as  such  by  the  Central  Government  under  

section 3; 

(c) “premises” means any land or any building or part of a building and includes,— 

(i)  the  garden,  grounds  and  outhouses,  if  any,  appertaining  to  such  building  or  part  of  a 

building, and 

(ii)  any  fittings  affixed  to  such  building  or  part  of  a  building  for  the  more  beneficial 

enjoyment thereof; 

(d) “prescribed” means prescribed by rules made under this Act; 
 2[(e) “public premises” means— 

(1)  any  premises  belonging  to,  or  taken  on  lease  or  requisitioned  by,  or  on  behalf  of  the 
Central  Government,  and  includes  any  such  premises  which  have  been  placed  by  that 
Government,  whether  before  or  after  the  commencement  of  the  Public  Premises  (Eviction  of 
Unauthorised Occupants) Amendment Act, 1980 (61 of 1980) under the control of the Secretariat 
of either House of Parliament for providing residential accommodation to any member of the staff 
of that Secretariat; 

(2) any premises belonging to, or taken on lease by, or on behalf of,— 

(i) any company as defined in section 3 of the 3[the Companies Act, 2013 (18 of 2013)], 
in which not less than fifty-one per cent. of the paid-up share capital is held by the Central 
Government or any company which is a subsidiary (within the meaning of that Act) of the 
first-mentioned company; 

(ii) any corporation (not being a company as defined in section 3 of the 3[the Companies 
Act,  2013  (18  of  2013)],  or  a  local  authority)  established  by  or  under  a  Central  Act  and 
owned or controlled by the Central Government; 

4[(iii)  any  company  as  defined  in  clause  (20)  of  section  2  of  the  Companies  Act,  2013  
(18 of 2013) in which not less than fifty-one per cent. of the paid up capital is held partly by 
the  Central  Government  and  partly  by  one  or  more  State  Governments  and  includes  a 

1. Clause (a) omitted by Act 61 of 1980, s. 2 (w.e.f. 20-12-1980). 
2. Subs. by s. 2, ibid., for clause (e) (w.e.f. 20-12-1980). 
3. Subs. by Act 2 of 2015, s. 2, for “the Companies Act, 1956 (1 of 1956)” (w.e.f. 22-6-2015). 
4. Subs. by s. 2, ibid., for item (iii) (w.e.f. 22-6-2015). 

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company  which  is  a  subsidiary  (within  the  meaning  of  that  Act)  of  the  first-mentioned 
company and which carries on the business of public transport including metro railway. 

Explanation.—For  the  purposes  of  this  item,  “metro  railway”  shall  have  the  same 
meaning  as  assigned  to  it  in  clause  (i)  of  sub-section  (1)  of  section  2  of  the  Metro 
Railway (Operation and Maintenance) Act, 2002 (60 of 2002); 

(iiia) any University established or incorporated by any Central Act,]; 

(iv)  any  Institute  incorporated  by  the  Institutes  of  Technology  Act,  1961                           

(59 of 1961); 

1[(v) any Board of Trustees or any successor company constituted under or referred to 

in the Major Port Trusts Act, 1963 (38 of 1963);] 

(vi)  the  Bhakra  Management  Board  constituted  under  section  79  of  the  Punjab 
Reorganisation  Act,  1966  (31  of  1966),  and  that  Board  as  and  when  re-named  as  the 
Bhakra-Beas Management Board under sub-section (6) of section 80 of that Act, 2***. 

3[(vii) any State Government or the Government of any Union territory situated in the 

National Capital Territory of Delhi or in any other Union territory, 

(viii)  any  Cantonment  Board  constituted  under  the  Cantonments  Act,  1924               

(2 of 1924); and] 

(3) in relation to the 4[National Capital Territory of Delhi],— 

(i)  any  premises  belonging  to  the  5[Council  as  defined  in  clause  (9)  of  section  2 of  the 
New  Delhi  Municipal  Council  Act,  1994  (44  of  1994)  or  Corporation  or  Corporations 
notified  under  sub-section  (1)  of  section  3  of  the  Delhi  Municipal  Corporation  Act,  1957          
(66 of 1957),] of Delhi, or any Municipal Committee or notified area committee,  2*** 

(ii) any premises belonging to the Delhi Development Authority, whether such premises 

are in the possession of, or leased out by, the said Authority;] 6[and], 

7[(iii) any  premises  belonging  to,  or  taken  on  lease  or  requisitioned  by,  or  on  behalf  of 

any State Government or the Government of any Union Territory,] 

8[(iv) any premises belonging to, or taken on lease by, or on behalf of any Government 

company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013). 

Explanation.—For  the  purposes  of  this  clause,  the  expression  “State  Government” 
occurring  in  clause  (45)  of  the  said  section  shall  mean  the  Government  of  the  National 
Capital Territory of Delhi;] 

9[(4)  any  premises  of  the  enemy property  as  defined  in  clause  (c)  of section  2 of  the 

Enemy Property Act, 1968 (34 of 1968).] 

(f) “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, 

where such charge or tax is payable by the Central Government or the 10[statutory authority]; 

1. Subs. by Act 2 of 2015, s. 2, for item (v) (w.e.f. 22-6-2015). 
2. The word “and” omitted by Act 7 of 1994, s. 2 (w.e.f. 1-6-1994). 
3. Ins. by s. 2, ibid. (w.e.f. 1-6-1994). 
4. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 1-6-1994). 
5. Subs. by Act 2 of 2015, s. 2, for “Municipal Corporation” (w.e.f. 22-6-2015). 
6. The word “and” added by Act 7 of 1994, s. 2 (w.e.f. 1-6-1994). 
7. Ins. by s. 2, ibid. (w.e.f. 1-6-1994). 
8. Ins. by Act 2 of 2015, s. 2 (w.e.f. 22-6-2015). 
9. Ins. by Act 3 of 2017, s. 20 (w.e.f. 7-1-2016). 
10. Subs. by Act 61 of 1980, s. 2, for “corporate authority” (w.e.f. 20-12-1980). 

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1[(fa) “residential accommodation occupation" in relation to any public premises means occupation by any 
person  on  grant  of  licence  to  him  to  occupy  such  premises  on  the  basis  of  an  order  of  allotment  for  a  fixed 
tenure or for a period he holds office, in accordance with the rules and instructions issued in this regard, made 
under  the  authority  of  the  Central  Government,  a  State  Government,  a  Union  territory  Administration  or  a 
statutory authority, as the case may be;] 

2[  3[(fb)]  “statutory  authority”,  in  relation  to  the  public  premises  referred  to  in  clause  (e)  of  this  section, 

means,— 

(i)  in  respect  of  the  public  premises  placed  under  the  control  of  the  Secretariat  of  either  House  of 

Parliament, the Secretariat of the concerned House of Parliament, 

(ii)  in  respect  of  the  public  premises  referred  to  in  item  (i)  of  sub-clause  (2) 4[and  in  item  (iv)  of           

sub-clause  (3)]  of  that  clause,  the  company  or  the  subsidiary  company,  as  the  case  may  be,  referred  to 
therein, 

(iii)  in  respect  of  the  public  premises  referred  to  in  item  (ii)  of  sub-clause  (2)  of  that  clause,  the 

corporation referred to therein, 

(iv)  in  respect  of  the  public  premises  referred  to,  respectively,  in  items  (iii),  (iv),  (v)  and  (vi)  of         

sub-clause (2) of that clause, the University, Institute or Board, as the case may be, referred to therein, and 

(v)  in  respect  of  the  public  premises  referred  to  in  sub-clause  (3)  of  that  clause,  the 5[Council, 
Corporation  or  Corporations],  Committee  or  Authority,  as  the  case  may  be,  referred  to  in  that  
sub-clause;] 
6[ 7[(fc)] “temporary occupation” in relation to any public premises, means occupation by any person on the 
the basis of an order of allotment made under the authority of the Central Government, a State Government, the 
Government  of  a  Union  territory  or  a  statutory  authority  for  a  total  period  (including  the  extended  period,  if 
any) which is less than thirty days;] 

(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  Central  Government  may,  by  notification  in  the  Official 

Gazette,— 

(a) appoint such persons, being gazetted officers of Government 8[or of the Government of any Union 
Territory] or officers of equivalent rank of the 9[statutory authority], as it thinks fit, to be estate officers for 
the purposes of this Act; 10*** 

11[Provided  that  no  officer  of  the  Secretariat  of  the  Rajya  Sabha  shall  be  so  appointed  except  after 
consultation with the Chairman of the Rajya Sabha and no officer of the Secretariat of the Lok Sabha shall 
be so appointed except after consultation with the Speaker of the Lok Sabha: 

Provided further that an officer of a statutory authority shall only be appointed as an estate officer in 

respect of the public premises controlled by that authority; 12***] 

13[Provided also that the Custodian, Deputy Custodian and Assistant Custodian of the enemy property 
appointed  under section  3 of  the  Enemy  Property  Act,  1968  (34  of  1968),  shall  be  deemed  to  have  been 
appointed as the Estate Officer in respect of those enemy property, being the public premises, referred to in 
sub-clause  (4)  of  clause  (e) of section  2 of  this  Act  for  which  they  had  been  appointed as  the  Custodian, 
Deputy Custodian and Assistant Custodian under section 3 of the Enemy Property Act, 1968.] 

(b) define the local limits within  which, or the categories of public premises in respect of which, the 
estate officers shall exercise the powers conferred, and perform the duties imposed, on estate officers by or 
under this Act. 

1. Ins. by Act 36 of 2019, s. 2 (w.e.f. 15-9-2019). 
2. Ins. by Act 61 of 1980, s. 2 (w.e.f. 20-12-1980). 
3. Clause (fa) renumbered as clause (fb) by Act 36 to 2019, s. 2 (w.e.f. 15-9-2019). 
4. Ins. by Act 2 of 2015, s. 2 (w.e.f. 22-6-2015). 
5. Subs. by s. 2, ibid., for “Corporation” (w.e.f. 22-6-2015). 
6. Ins. by Act 7 of 1994, s. 2 (w.e.f. 1-6-1994). 
7. Clause (fb) renumbered as clause (fc) by Act 36 of 2019, s. 2 (w.e.f. 15-9-2019). 
8. Ins. by Act 7 of 1994, s. 3 (1-6-1994). 
9. Subs. by Act 61 of 1980, s. 2, for “corporate authority” (w.e.f. 20-12-1980). 
10. The word “and” omitted by s. 3, ibid. (w.e.f. 20-12-1980). 
11. Provisos added by s. 3, ibid. (w.e.f. 20-12-1980). 
12. The word “and” omitted by Act 3 of 2017, s. 20 (w.e.f. 7-1-2016). 
13. Ins. by s. 20, ibid. (w.e.f. 7-1-2016). 

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1[3A.  Eviction from  temporary  occupation.—Notwithstanding  anything  contained  in  section  4  or 
section 5, if the estate officer, after making such inquiry as he deems expedient in the circumstances of 
the case, is satisfied that any persons who were allowed temporary occupation of any public premises are 
in unauthorised occupation of the said premises, he may, for reasons to be recorded in writing, make an 
order for the eviction of such persons forthwith and, thereupon, if such persons refuse or fail to comply 
with the said order of eviction, he may evict them from the premises and take possession thereof and may, 
for that purpose, use such force as may be necessary.] 

2[3B.   Eviction  from  residential  accommodation.—(1)  Notwithstanding  anything  contained  in 
section 4 or section 5, if the estate officer has information that any person, who was granted residential 
accommodation  occupation,  is  in  unauthorised  occupation  of  the  said  residential  accommodation,  he 
shall— 

(a) forthwith issue notice in writing calling upon such person to show cause within a period of 

three working days why an order of eviction should not be made; 

(b) cause the notice to be served by having it affixed on the outer door or some other conspicuous 
part  of  the  said  residential  accommodation,  and  in  such  other  manner  as  may  be  prescribed, 
whereupon the notice shall be deemed to have been served upon such person. 

(2)  The  estate  officer  shall,  after  considering  the  cause,  if  any,  shown  by  the  person  on  whom  the 
notice  is  served  under  sub-section  (1)  and  after  making  such  inquiry  as  it  deems  expedient  in  the 
circumstances of the case, for reasons to be recorded in writing, make an order of eviction of such person. 

(3)  If  the  person  in  unauthorised  occupation  refuses  or  fails  to  comply  with  the  order  of  eviction 
referred to in sub-section (2), the estate officer may evict such person from the residential accommodation 
and take possession thereof and may, for that purpose, use such force as may be necessary.] 

4.  Issue  of  notice  to  show  cause  against  order  of  eviction.—3[(1)  If  the  estate  officer  has 
information 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 within seven 
working days from the date of receipt of the information regarding the unauthorised occupation calling 
upon the person concerned to show cause why an order of eviction should not be made. 

(1A) If the estate officer knows or has reasons to believe that any person is in unauthorised occupation 
of  the  public  premises,  then,  without  prejudice  to  the  provisions  of  sub-section  (1),  he  shall  forthwith 
issue a notice in writing calling upon the person concerned to show cause why an order of eviction should 
not be made. 

(1B)  Any  delay  in  issuing  a  notice  referred  to  in  sub-sections  (1)  and  (1A)  shall  not  vitiate  the 

proceedings under this Act.] 

(2) The notice shall— 

(a) specify the grounds on which the order of eviction is proposed to be made; and 
4[(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation 

of, or claim interest in, the public premises,— 

(i) to show cause, if any, against the proposed order on or before such date as is specified in 

the notice, being a date not 5[later than] seven days from the date of issue thereof, and 

(ii)  to  appear  before  the  estate  officer  on  the  date  specified  in  the  notice  along  with  the 
evidence  which  they  intend  to  produce  in  support  of  the  cause  shown,  and  also  for  personal 
hearing, if such hearing is desired.] 

1. Ins. by Act 7 of 1994, s. 4 (w.e.f. 1-6-1994). 
2.  Ins. by Act 36 of 2019, s. 3 (w.e.f. 15-9-2019). 
3. Subs. by Act 2 of 2015, s. 3, for sub-section (1) (w.e.f. 22-6-215). 
4. Subs. by Act 61 of 1980, s. 4, for clause (b) (w.e.f. 20-12-1980). 
5. Subs. by Act 2 of 2015, s. 3, for “earlier than” (w.e.f. 22-6-2015). 

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(3)  The  estate  officer  shall  cause  the  notice  to  be  served  by  having  it  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.  

* 

* 

1* 
5. Eviction of unauthorised occupants.—2[(1) If, after considering the cause, if any, shown by any 
person in pursuance of a notice under section 4 and any evidence produced by him in support of the same 
and after personal hearing, if any, given under sub-clause (ii) of clause (b) of sub-section (2) of section 4, 
the  estate  officer  is  satisfied  that  the  public  premises  are  in  unauthorised  occupation,  the  estate  officer 
shall 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 but not later than fifteen days from the date of 
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: 

* 

* 

Provided that every order under this sub-section shall be made by the estate officer as expeditiously 
as  possible  and  all  endeavour  shall  be  made  by  him  to  issue  the  order  within  fifteen  days  of  the  date 
specified in the notice under sub-section (1) or sub-section (1A), as the case may be, of section 4.] 

(2) If any person refuses or fails to comply with the order of eviction 3[on or before the date specified 
in the said order or within fifteen days of the date of its publication under sub-section (1), whichever is 
later,] the estate officer or any other officer duly authorised by the estate officer in this behalf 4[may after 
the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person] from, 
and  take  possession  of,  the  public  premises  and  may,  for  that  purpose,  use  such  force  as  may  be 
necessary. 

5[Provided that if the estate officer is satisfied, for reasons to be recorded in writing, that there exists 
any  compelling  reason  which  prevents  the  person  from  vacating  the  premises  within  fifteen  days,  the 
estate officer may grant another fifteen days from the date of expiry of the order under sub-section (1) to 
the person to vacate the premises.] 

6[5A. power to remove unauthorised constructions, etc.—(1) No person shall— 

(a) erect or place or raise any building or 7[any movable or immovable structure or fixture] 

(b) display or spread any goods, 

(c) bring or keep any cattle or other animal,  

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 transfer) under which he was allowed to occupy such premises. 
8[(2) Where any building or other immovable structure or fixture has been erected, placed or raised on 
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  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  building  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 estate 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  from  the  person 
aforesaid as an arrear of land revenue. 

1. Sub-section (4) omitted by Act 7 of 1994, s. 5 (w.e.f. 1-6-1994). 
2. Subs. by Act 2 of 2015, s. 4, for sub-section (1) (w.e.f. 22-6-2015). 
3. Subs. by Act 61 of 1980, s. 5, for certain words (w.e.f. 20-12-1980). 
4. Subs. by s. 5, ibid., for “may evict that person” (w.e.f. 20-12-1980). 
5. Ins. by Act 2 of 2015, s. 4 (w.e.f. 22-6-2015). 
6. Ins. by Act 61 of 1980, s. 6 (w.e.f. 20-12-1980). 
7. Subs. by Act 35 of 1984, s. 2, for “other structure or fixture” (w.e.f. 13-11-1984). 
8. Subs. by s. 2, ibid., for sub-section (2) (w.e.f. 13-11-1984). 

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(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 provisions of 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.] 

5B. Order of demolition of unauthorised construction.—(1) Where the erection of any building or 
execution of any work has been commenced, or is being carried on, or has been completed, on any public 
premises  by  any  person  in  occupation  of  such  public  premises  under  an  authority  (whether  by  way  of 
grant  or  any  other  mode  of  transfer),  and  such  erection  of  building  or  execution  of  work  is  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 or 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 1*** 

Provided  that  no  order  under  this  sub-section  shall  be  made  unless  the  person  concerned  has  been 
given, by means of a notice 2[of not less than seven days] served in the prescribed manner, a reasonable 
opportunity of showing cause why such order should not be made. 

(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-section (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 section 9. 

(3)  The  estate  officer  shall  cause  every  order  made  under  sub-section  (1),  or,  as  the  case  may  be, 
under  sub-section  (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  demolition  made  by  the  estate  officer 
under sub-section (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.] 

3[5C. Power to seal unauthorised constructions.—(1) It shall be lawful for the estate officer, at any 
time,  before  or  after  making  an  order  of  demolition  under  section  5B,  to  make  an  order  directing  the 
sealing  of  such  erection  or  work  or  of  the  public  premises  in  which  such  erection  or  work  has  been 
commenced 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 nature and extent 
of such erection or work. 

(2) Where 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 the purpose of demolishing such erection or work in 
accordance with the provisions of this Act, order such seal to be removed. 

(3) No person shall remove such seal except— 

1. Certain words, brackets and figure omitted by Act 35 of 1984, s. 3 (w.e.f. 13-11-1984). 
2. Ins. by s. 3, ibid. (w.e.f. 13-11-1984). 
3. Ins. by s. 4, ibid. (w.e.f. 13-11-1984). 

7 

 
                                                           
(a) under an order made by the estate officer under sub-section (2); or 

(b) under an order of the appellate officer made in an appeal under this Act.] 

6.  Disposal  of  property  left  on  public  premises  by  unauthorised  occupants.—(1)  Where  any 
persons  have  been  evicted  from  any  public  premises  under  section  5  1[or  where  any  building  or  other 
work has been demolished under section 5B], the estate officer may, after giving fourteen days’ notice to 
the persons 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 remaining on such premises. 

1[(1A)  Where  any  goods,  materials,  cattle  or  other  animal  have  been  removed  from  any  public 
premises under section 5A, the estate officer may, after giving fourteen days' notice to the persons owning 
such  goods,  materials,  cattle  or  other  animal  and  after  publishing  the  notice  in  at  least  one  newspaper 
having  circulation  in  the  locality,  dispose  of,  by  public  auction,  such  goods,  materials,  cattle  or  other 
animal. 

(1B) Notwithstanding anything contained in sub-section (1) and (1A), 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.]  

(2) Where any property is sold under sub-section (1), the sale proceeds thereof shall, after deducting 
the  expenses  of  the  sale  and  the  amount,  if  any,  due  to  the  Central  Government  or  the  2[statutory 
authority]  on  account  of  arrears  of rent  or  damages  or  costs,  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. 

1[(2A)  The  expression  “costs”,  referred  to  in  sub-section  (2),  shall  include  the  cost  of  removal 

recoverable under section 5A and the cost of demolition recoverable under section 5B.] 

7. 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[(2A) While making an order under sub-section (1) or sub-section (2), the estate officer may direct 
that  the  arrears  of  rent  or,  as  the  case  may  be,  damages  shall  be  payable  together  with  4[compound 
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 (14 of 1978).] 

(3) No order under sub-section (1) or sub-section (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  5[within seven days from the 
date  of  issue  thereof],  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. 

1. Ins. by Act 61 of 1980, s. 7 (w.e.f. 20-12-1980). 
2. Subs. by s. 2, ibid., for “corporate authority” (w.e.f. 20-12-1980). 
3. Ins. by s. 8, ibid. (w.e.f. 20-12-1980). 
4. Subs. by Act 2 of 2015, s. 5, for “simple interest” (w.e.f. 22-6-2015). 
5. Subs. by s. 5, ibid., for certain words (w.e.f. 22-6-2015). 

8 

 
                                                           
1[(3A) If the person in unauthorised occupation of residential accommodation challenges the eviction 
order passed by the estate officer under sub-section (2) of section 3B in any court, he shall pay damages 
for every month for the residential accommodation held by him.] 

2 [(4) Every order under this section shall be made by the estate officer as expeditiously as possible 
and all endeavour shall be made by him to issue the order within fifteen days of the date specified in the 
notice.] 

8. 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  
(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; 

(c) any other matter which may be prescribed. 

9.  Appeals.—(1)  An  appeal  shall  lie  from  every  order  of  the  estate  officer  made  in  respect  of  any 
public premises under 3[section 5 or section 5B] 4[or section 5C] or section 7 to an appellate 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 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, 5[within twelve days] from the date of 

publication of the order under sub-section (1) of that section; 6*** 

(b) in the case of an appeal from an order  7[under section 5B or section 7, within twelve days] 

from the date on which the order is communicated to the appellant; 8[and] 

4[(c) in the case of an appeal from an order under section 5C, within twelve days from the date of 

such order:] 

9[Provided that the appellate officer may entertain the appeal in exceptional cases after the expiry 
of the said period, if he is satisfied for reasons to be recorded in writing  that there was compelling 
reasons which prevented the person from filing the appeal in time.] 

(3) Where an appeal is preferred from an order of the estate officer, the appellate officer may stay 

the enforcement of that order for such period and on such conditions as he deems fit: 
10[Provided  that  where  the  construction  or  erection  of  any  building  or  other  structure  or  fixture  or 
execution of any other work was not completed on the day on which an order was made under section 5B 
for the demolition or removal of such building or other structure or fixture, the appellate officer shall not 
make any order for the stay of enforcement of such order, unless such security, as may be sufficient in the 
opinion  of  the  appellate  officer,  has  been  given  by  the  appellant  for  not  proceeding  with  such 
construction, erection or work pending the disposal of the appeal.] 

11[(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as 
possible and every endeavour shall be made to dispose of the appeal finally within one month from the 
date of filing the appeal, after providing the parties an opportunity of being heard.] 

(5) The costs of any appeal under this section shall be in the discretion of the appellate officer. 

1. Ins. by Act 36 of 2019, s. 4 (w.e.f. 15-9-2019). 
2. Ins. by Act 2 of 2015, s. 5 (w.e.f. 22-6-2015) 
3. Subs. by Act 61 of 1980, s. 9, for “section 5” (w.e.f. 20-12-1980). 
4. Ins. by Act 35 of 1984, s. 5 (w.e.f. 13-11-1984). 
5. Subs. by Act 61 of 1980, s. 9, for “within fifteen days” (w.e.f. 20-12-1980). 
6. The word “and” omitted by Act 35 of 1984, s. 5 (w.e.f. 13-11-1984). 
7. Subs. by Act 61 of 1980, s. 9, for “under section 7, within fifteen days” (w.e.f. 20-12-1980). 
8. Ins. by Act 35 of 1984, s. 5 (w.e.f. 13-11-1984). 
9. Ins. by Act 2 of 2015, s. 6 (w.e.f. 22-6-2015). 
10. The proviso added by Act 61 of 1980, s. 9 (w.e.f. 20-12-1980). 
11. Subs. by Act 2 of 2015, s. 6, for sub-section (4) (w.e.f. 22-6-2015). 

9 

 
                                                           
(6) For the purposes of this section, a presidency-town shall be deemed to be a district and the chief 
judge or the principal judge of the city civil court therein shall be deemed to be the district judge of the 
district. 

10. 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 execution 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 conferred by or under 
this Act. 

11. Offences and penalty.—1[(1) If any person unlawfully occupies any public premises, he shall be 
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 to be in 
occupation  of  such  premises  after  such  authority  has  ceased  to  be  valid,  shall  not  be  guilty  of  such 
offence.] 

2[(2)] 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 3[five thousand rupees], or with both. 

 2[(3)]  Any  magistrate convicting  a person under  4[sub-section (2)]  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. 

5[11A.  Offences  under  section  11  to  be  cognizable.—The  Code  of  Criminal  Procedure,  1973  

(2 of 1974), 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 

(ii) for the purposes of matters, other than— 

(1) matters 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) 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 statutory authority in the case of an offence in relation to the public 
premises specified in sub-clause (2) of clause (e) of section 2; 

(c)  such  Deputy  Commissioner,  in  the  case  of  an  offence  in  relation  to  the  public 
premises  belonging  to  the  Municipal  Corporation  of  Delhi,  as  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 premises belonging to the New Delhi Municipal Committee; 

(e) the Secretary of a notified area committee, in the case of an offence in relation to the 

public premises belonging to that committee; 

1. Ins. by Act 35 of 1984, s. 6 (w.e.f. 13-11-1984). 
2. Sub-sections (1) and (2) renumbered as sub-sections (2) and (3) thereof by s.6, ibid. (w.e.f. 13-11-1984). 
3. Subs. by s. 6, ibid., for “one thousand rupees” (w.e.f. 13-11-1984). 
4. Subs. by s. 6, ibid., for “sub-section (1)” (w.e.f. 13-11-1984). 
5. Ins. by Act 35 of 1984, s. 7 (w.e.f. 13-11-1984). 

10 

 
                                                           
(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.] 

12. 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 
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. 

13.  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  damages  1[or  for  the 
determination of the amount payable by way of interest on such arrears of rent or damages] 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. 

1[(1A) 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) 2[or sub-
section  (3)]  of  section  5A,  or  any  expenses  of  demolition  are  to  be  recovered  under  sub-section  (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.] 

(2) Any amount due to the Central Government or the 3[statutory authority] from any person whether 
by  way  of  arrears  of  4[rent  or  damages  or  costs  of  removal  referred  to  in  section  5A  or  expenses  of  
demolition referred to in section 5B or interest referred to in sub- section (2A) of section 7 or any other 
cost] shall, after the death of the person, be payable by his heirs or legal representatives but their liability 
shall be limited to the extent of the assets of the deceased in their hands. 

14. Recovery of rent, etc., as an arrear of land revenue.—If any person refuses or fails to pay 5[the 
5[the expenses of demolition payable under sub-section (5) of section 5B or] the arrears of rent payable 
under  sub-section  (1)  of  section  7  or  the  damages  payable  under  sub-section  (2)  5[or  the  interest 
determined under sub-section (2A)] of that section or the costs awarded to the Central Government or the  
3[statutory authority] under sub-section (5) of section 9 or any 6[portion of such rent, damages, expenses, 
interest] 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 same as an 
arrear of land revenue. 

7[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  

8[(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 

1. Ins. by Act 61 of 1980, s. 10 (w.e.f. 20-12-1980). 
2. Ins. by Act 35 of 1984, s. 8 (w.e.f. 13-11-1984). 
3. Subs. by Act 61 of 1980, s. 2, for “corporate authority” (w.e.f. 20-12-1980). 
4. Subs. by s. 10, ibid., for “rent or damages or costs” (w.e.f. 20-12-1980). 
5. Ins. by s. 11, ibid. (w.e.f. 20-12-1980). 
6. Subs. by s. 11, ibid., for “portion of such rent, damages” (w.e.f. 20-12-1980). 
7. Subs. by s. 12, ibid., for section 15 (w.e.f. 20-12-1980). 
8. Ins. by Act 35 of 1984, s. 9 (w.e.f. 13-11-1984). 

11 

 
                                                           
(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.] 

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. 

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. 

18. Power to make rules.—(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; 

2[(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;] 

3[(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;] 

(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. Subs. by Act 61 of 1980, s. 2, for “corporate authority” (w.e.f. 20-12-1980). 
2. Ins. by Act 35 of 1984, s. 10 (w.e.f. 13-11-1984). 
3. Ins. by Act 61 of 1980, s. 13 (w.e.f. 20-12-1980). 
4. Subs. by s. 13, ibid., for certain words (w.e.f. 20-12-1980). 

12 

 
                                                           
19. Repeal.—The Public Premises (Eviction of Unauthorised Occupants) Act, 1958 (32 of 1958), is 

hereby repealed. 

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. 

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