- For speedy eviction of unauthorised occupants from government residential accommodations, Parliament has passed Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019.
- The Bill amends the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Need for the amendments to the law:
- The Union government provides residential accommodation to members of Lok Sabha and Rajya Sabha and also to other officials and government employees.
- However, it was difficult for the estate officers to evict illegal occupants after the expiry of their term or retirement from the service because of the cumbersome and time-consuming provisions in the existing law.
- The existing law has multiple layers of eviction process involving service of a show cause notice and appeal provisions at several levels that took years to implement an eviction order.
- As per the Ministry of Housing and Urban Affairs, here are over 3,000 unauthorised occupants of government accommodations.
Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019
- The Bill has strict provisions to evict illegal occupants from government property allotted to members of Lok Sabha and Rajya Sabha and government officials.
Features of the Bill:
- Notice of eviction: The Bill would enable the estate officer (an officer of the central government) to apply summary proceedings for evicting the unauthorised occupants after a three-day notice.
- Order of eviction: After considering the cause shown by the occupant, and making any other inquiries, 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.
- For this purpose, the estate officer may also use such force as necessary.
- Payment of damages: If any illegal occupant challenges the estate officer’s eviction order in a court of law, then he will have to pay damages to the government on monthly basis.
- Extended summary eviction procedures: Under the summary eviction procedures, the estate officer does not have to follow the elaborate procedure of serving the show cause notice and other time consuming process. The new bill has extended summary eviction procedures on residential properties as well (which was earlier not covered).