PUBLIC PREMISES ACT 1971
( EVICTION OF UNAUTHORISED OCCUPANTS)
BY SHRI ASHOK KELKAR MUMBAI
1. OBJECTS OF THE ACT.
A) The Act is known as Public Premises (Eviction of unauthorized Occupants) Act 1971 and Rules have been framed for this Act. This act is no. 40 of 1971 as amended by Act 61 of 1980 and Act 35 of 1984.
The Act provides for the eviction of unauthorized occupants from Public Premises and for this purpose, the act provides appointment of estate officers who have been given powers after necessary enquiry, to pass orders of eviction of such unauthorized occupants. The estate officer has also been given powers to remove and to order demolition of unauthorized constructions.
The bill provides, among other things, for the following changes in the act viz:
i) Under the existing provisions, the estate officer is required to make an order directing the demolition of unauthorized constructions within a period of not less than seven days or more than 15 days to be specified in such order and no such order shall be made unless 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 and after making an order for demolition of unauthorized construction, to make an order to direct the sealing of any unauthorized construction. The sealing of such unauthorized construction in pursuance of an order made by the estate officer can be removed only by him for the purpose demolishing such construction or in pursuance of order made by an appellatte officer in any appeal made under the provisions of the act. A provision for appeal against the order for 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 of six months or with fine upto five thousand rupees. Opportunity has also been availed of 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.
The bill also seeks to achieve the aforesaid objects.
Public Premises (Eviction of unauthorized Occupants) Act 1971 was enacted to provide for speedy and summary eviction of unauthorized occupants from premises of Central Government, companies in which not less than fifty one per cent paid up share capital is held by the Central Government, and Corporations (other than local authorities) established under central acts and owned and controlled by the Central Government. So far as Union Territory if Delhi is concerned, the act also applies to te premises belonging to Delhi Development Authority, the Municipal Corporation of Delhi and other Municipal bodies.
The act does not at present apply in relation to the premises belonging to or taken on lease by or on behalf of the autonomous and statutory organizations, such as the major ports, Bhakra Managmenet Board, Universities and similar Institutions set up under a central act or subsidiary of a company in which central Government has at least 51 % of the paid up share capital. As considerable difficulties have been experienced by these organizations in evicting unauthorized occupants from their premises, it is proposed to amend the act so as to cover premises belonging to such organizations.
B ) Short title, extent and commencement :
i) This act may be called the Public Premises (Eviction of Unauthorized Occupants ) Act 1971.
ii) It extends to the whole of India.
iii) It shall be deemed to have come into force on the 16 th day of September 1958, except Sections 11, 19 and 20 which shall come into force at once.
C ) Some important definitions :
i) “ Premises” means any land or any building or part of a building and includes
the garden, grounds and outhouse, if any , appertaining to such buildings or part of a building
any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof
ii) Public Premises means any premises belonging to , or taken on lease or requisitioned by, on or behalf of the central government and includes such premises which have been placed by the Government whether before or after the commencement of the Public Premises ( Eviction of unauthorized Occupants ) Act 1980.
iii) Rent in relation to any Public Premises, means the consideration payable periodically for the authorized occupation of the premises and includes any charge for electricity, water or any other service connection with the occupation of the premises and any tax ( by whatever name called ) payable in respect of the premises.
iv) “ Unauthorized Occupation “ in relation to any public premises means the occupation by any person of the public premises without authority of such occupation and includes the continuance of the occupation by any person of the public premises after the authority (whether by way of grant or other mode of transfer ) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.
D ) ASSESSMENT OF DAMAGES :
In assessing the damages of unauthorized use and occupation of any public premises the estate officer shall take into consideration the following matters viz :
a) The purpose and period for which the public premises were in unauthorized occupation.
b) The nature, size and standard of the accommodation available in such premises.
c) The rent that would have been realized if the premises had been let on rent for the period of unauthorized occupation to a private person.
d) any other matter relevant for the purpose of assessing the damages.
2. WHO ARE OUR CLIENTS TO EXECUTE THIS ACT.
A) Public Sector undertaking viz: LIC of India, GIC, Nationalized Banks, etc. either as owners or as tenants of private owners. The properties may be shops, commercial or residential.
3. ROLE OF VALUERS IN THE ACT.
The property termed as Public Premises being an immovable property , the services of Valuers are engaged by the clients to determine the damages to be recovered from the unauthorized occupant of the premises for the period of unauthorized occupation of the premises.
4. DATA TO BE COLLECTED BEFORE INSPECTION OF PREMISES
1. Whether the land is freehold or leasehold? If leasehold, the name of lessor and lessee, period of lease, date of commencement, lease rent and other terms of lease.
2. Whether the property and the building in which it is located has been constructed by LIC of India or purchased by LIC and if so what was the amount spent on this.
3. What is the year of construction of the building? Whether LIC of India has carried out the maintenance and repairs? Is any major repair work undertaken, if so when and amount spent on repairs work and what was the nature of work done.
4. Is any extension done over the building? if So in which year and what was the area and cost of the same.
5. Area of land with FSI available, FSI consumed and balance remaining to be utilised. Is the building under the heritage buildings.
6. What amenities and facilities have been provided by LIC of India as the owner. Is any charge levied for these facilities.
7. What is the existing rent and rent on the date when the market rent is to be worked out. What were the municipal taxes and repair cess if any? Is the building under A category?
8. Are any drawings for the building and property available, if yes, please give copies of the same.
9. Is any part of the building sold in open market . If so what was the price received for the same and in which year with area of premises sold.
10. A copy of the municipal notice for taxes and repair cess giving the ratable value of the property.
The above information will enable valuer to reduce the assumptions made for the purpose of valuation of the property and to have questions during cross examination answered suitably for correct assessment of the value and market rent. Please arrange to have appointment of the occupants taken for inspection of the premises by the undersigned along with authorised representative of client.
5. INSPECTION PROCEDURE :
A ) Inspection is a must and necessary.
B) Inspection Equipments - Site plan / location plan
a ) Address of the property with premises No. , floor, name of building
b ) Name of client, telephone numbers, tenant / occupant.
c ) Purpose of Valuation.
d ) Measurement equipments tape or any other new.
e ) Camera to keep record evidence and special features.
f ) Appointment with the occupant and representative of client to accompany to confirm the right premises to be inspected
g ) Authority letter to inspect for valuation.
h ) Manual help required if any.
I ) Survey instruments if any.
J ) Record all the notes in a diary and not on loose papers
6. DATA COLLECTED DURING INSPECTION :
SPECIFICATIONS , ELEVATION , INFRASTRUCTURE
1. FOUNDATIONS - DEPTH , SOIL , LOAD , BASEMENT PILES / SEPARATE FOOTINGS / RAFTS
2. R. C. C. WORK - MIX STRENGTH
3. MASONARY TYPE - BRICKS/ BLOCKS / SIPOREX/CONCRETE
4. PLASTER - FINISH / POP PUNNING
5. PAINTING - TYPE OR CLADDING OR GLASS CURTAIN WALL
6. DOOR FRAMES AND SHUTTERS WITH FITTINGS, FINISH
7. WINDOWS - WOODEN, STEEL , ALUMINIUM AND FITTINGS
8. FLOORING , SKIRTING, DADO, CLADDING
9. KITCHEN PLATFORM, SINK TYPE
10. PLUMBING AND SANITARY INSTALLATION AND DRAINAGE, FITTINGS TYPE
11. ELECTRICAL INSTALLATION CONCEALED / OPEN, SWITCHES, FITTINGS, TELEPHONE CABLE WIRING
12. WATERPROOFING IN TOILETS AND TERRACE
13. LIFTS NOS. AND TYPE
14. WATER SUPPLY, TANKS AND PUMPS WITH ROOM
15. ELECRICAL SUBSTATION AND TRANSFORMERS
16. COMPOUND WALL AND GATES
17. PAVEMENT IN OPEN SPACES
POINTS TO BE NOTED IN A STRUCTURE
1. YEAR OF CONSTRUCTION
2. AGE AND LIFE OF STRUCTURE
3. TYPE OF STRUCTURE
4. NUMBER OF FLOORS
5. NUMBER OF LIFTS, STAIRCASES
6. PARKING PLACES IN STILTS , OPEN ARES
7. NUMBER OF FLATS PER FLOOR
8. SIZE OF FLAT - NO. OF BEDROOMS, TERRACE, BALCONIES ( SEPARATE OR MERGED WITH ROOMS), NO. OF TOILETS ( SEPARATE OR COMBINED ), FLOOR HEIGHT
9. CARPET AREA , BUILT UP AREA , SALEABLE AREA WITH PERCENTAGE OVER CARPET AREA
10. OPEN SPACES, STRUCTURES IN OPEN SPACES, SET BACKS, ENCHROACHMENTS,
11. CONDITION OF FLAT AND BUILDING FOR REPAIRS , PAINTING, LEAKAGES AND COST OF SAME, WHEN PAINTED AND REPAIRED LAST
12. WHETHER CONSTRUCTION AND LAYOUT IS AS PER APPROVED DRAWING FOR CONSTRUCTION, ANY DEVIATIONS , WHETHER ALLOWED OR NOT
13. INTERNAL CHANGES IN THE FLAT , WHETHER AUTHORISED OR NOT, PERMISSION OBTAINED
14. LEVEL OF GROUND INSIDE TO ROAD LEVEL, WATER STAGNATION POSSIBILITY AND DRAIN OUT
15. WATER SUPPLY SOURCE AND SUFFICIENCY, ALETRNATIVE SOURCES IF AVAILABKLE
16. DRAINAGE CONNECTION OR SEPTIC TANK
17. ACCESS ROAD TO PROPERTY AND CONDITION
18. OTHER AMENITIES AVAILABLE FOR PROPERTY AND FLAT INSIDE
19. OUTGOES FOR THE PROPERTY
20. ANY CHANGES NOTED IN SHAPE OR SIZE OF LAND
7. PURPOSE AND FINAL RESULTS REQUIRED IN THE REPORT
A ) Purpose is to work out the damages to be charged by the clients for unauthorized occupation of the premises under reference.
B ) Results consists of market rent per sq. ft. of the premises of let out to a private occupant in open market and amount of taxes and other outgoes These results are required for the period of unauthorized occupation of the premises from the date of giving the notice for eviction of the premises. Thus valuation will be required on the date when this notice has been served to the unauthorized occupant.
8. CONTENTS AND FORMAT OF THE REPORT :
A ) Ingredients of a good valuation report.
a ) Logical structure.
b ) Objective / purpose at the beginning.
c ) Conclusion at the end.
d ) Report to be professional.
e ) Check errors in grammar / calculations / spellings.
f ) Clear and precise language.
g ) Reasoning and analysis of pertinent data.
h ) Qualitative & not quantitative, data and analysis should support valuation.
B ) Additional Points to be remembered.
a ) Be precise but not at the cost of being clear.
b ) Fundamental Valuation Principles, sound reasoning, common sense.
c ) Sketches and plans to be clear.
d ) Terms and data to be defined.
e ) Procedure to be clearly described.
f ) Report to co relate one section with next and lead to conclusion.
g ) Assumptions and basis analysed.
h ) Deviation from standard practice to be mentioned.
j ) No writing of essays. Divide report into heads and subheads.
C ) Design of a valuation Report
a ) Standard formats to be used wherever possible.
b ) Separate formats for rural and urban properties.
c ) Separate format for land / land and building.
d ) Owner occupied or tenanted.
e ) Use of structure and type.
f ) Name of property and address and particulars on top.
g ) Specific interest in the property Leasehold or freehold.
h ) Comparable sale instances.
j ) Method of valuation
K ) Structural stability and environmental aspects
l ) Any improvements, repairs, changes done.
m ) Licences, approvals, permissions, water, power, access.
n ) Transport and other amenities availability.
o ) Any adverse features to be mentioned affecting value.
p ) Alternative use / potential possibility.
9. PREPERATION TO BE A WITNESS BEFORE ESTATE OFFICER
10. EXAMINATION IN CHIEF BY ADVOCATE OF YOUR CLIENT
11. CROSS EXAMINATION BY TENANT’S ADVOCATE