On September 16, 2019 The Public Premises (Eviction of Unauthorized Occupants) Amendment Bill, 2019 which provides for the eviction of unauthorized occupants from public premises in certain cases has come into effect. It amends the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The new bill is expected to increase the availability of government residential accommodations for eligible beneficiaries and reduce the waiting period.Key Points:
- Background: The bill was introduced by the Minister of State (Independent Charge) of the Ministry of Housing and Urban Affairs, Mr. Hardeep Singh Puri, in Lok Sabha on July 8, 2019, and was passed on July 31, 2019. Rajya Sabha passed it on August 06, 2019.
- Definition: The Bill defines ‘residential accommodation occupation’ as the occupation of public premises by a person on the grant of a license for such an occupation. The license must be given for a fixed tenure, or for the period the person holds office. The occupation must be allowed under the rules made by the central, state or union territory government, or statutory authority.
- Notice for eviction: The estate officer must issue a written notice to a person if he is in unauthorized occupation of residential accommodation. The notice will require the person to show cause why an eviction order should not be made against him, and it must be done within three working days. The written notice must be fixed to a conspicuous part of the accommodation, in a prescribed manner.
- Order of eviction: The estate officer will make an order for eviction. If the person fails to comply with the order, the estate officer may evict such person from the residential accommodation, and take possession of it. The estate officer may also use such force as necessary.
- Payment of damages: The person in unauthorized occupation will be required to pay damages for every month of such occupation.
- Changes: Changes have been made in sections 4 and 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
About residential accommodation:
The government provides residential accommodation to its employees including the Members of Parliament (MPs) and other dignitaries on a license basis while they are in service or till the term of their office.