Section 3A of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971
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.]
Summary
- This rule provides a fast track for evicting people who were only given temporary occupation of a public premises.
- The estate officer does not have to follow the standard slow notice processes found in Sections 4 and 5.
- The officer must first make an inquiry and be satisfied the person is in unauthorised occupation.
- The officer must record the reasons for the eviction in writing and order the person to leave forthwith (immediately).
- If the person refuses to leave, the officer can take possession and use necessary force.
Practical examples
FAQ
1. Do temporary occupants get a long warning before eviction?
No, if they are in unauthorised occupation, the estate officer can order their eviction forthwith.
2. Does the officer have to explain the decision?
Yes, the officer must record the reasons for the eviction in writing.
3. What happens if the occupant ignores the eviction order?
The estate officer can evict them, take possession of the premises, and use as much force as necessary.
Test yourself
Q1.Under Section 3A of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, how quickly does the estate officer order the eviction of a temporary occupant?
Q2.Under Section 3A of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, how does Section 3A change the rules normally required by Section 4 and Section 5?
Q3.Under Section 3A of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what must the estate officer do before making the order for eviction?
Q4.Under Section 3A of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what physical action is permitted if the temporary occupant refuses to comply with the eviction order?
Q5.Under Section 3A of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, who holds the authority to decide if the temporary occupant is in unauthorised occupation?