[Tamil Nadu Act 1 of 1976 as amended up to Tamil Nadu
Act 33 of 2010][2] [10th January, 1976] An Act to provide for the eviction of unauthorised occupants from
public premises and for certain incidental matters Be it enacted by the
Legislature of the State of Tamil Nadu in the Twenty-sixth Year of the Republic
of India as follows:— (1)
This Act may be called
the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act,
1975. (2)
It extends to the whole of the
State of Tamil Nadu. (3)
It shall come into force on such
date as the Government may, by notification, appoint; and different dates may
be appointed for different areas. In this Act, unless the context otherwise requires,— (a)
“corporate authority” means— (i)
any company or corporation
referred to in sub-clause (1), or (ii)
any local authority or any Board
referred to in sub-clause (2), of clause (e); (b)
“estate officer” means an officer
appointed as such by the Government under Section 3; (c)
“Government” means the State
Government; (d)
“premises” means any land or any
building or hut or part of a building or hut and includes,— (i)
gardens, grounds and outhouses,
if any, appertaining to such building or hut or part of a building or hut; and (ii)
any fittings affixed to such
building or hut or part of a building or hut for the more beneficial enjoyment
thereof; (e)
“public premises” means any
premises belonging to or taken on lease or requisitioned by, or on behalf of,
the Government, and includes— (1)
any premises belonging to, or
taken on lease by, or on behalf of— (i)
any company as defined in Section
3 of the Companies Act, 1956 (Act 1 of 1956) in which not less than fifty-one
per cent of the paid up share capital is held by the Government; and (ii)
any corporation not being a
company as defined in Section 3 of the Companies Act, 1956 (Act 1 of 1956) or a
local authority established by or under any law and owned or controlled by the
Government; [3][* * *] (2)
any premises belonging to, or
vested in, a local authority or any Board constituted under any law; [4][and] [5][(3) any premises belonging to a wakf, registered with the Tamil
Nadu Wakf Board;] (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
Government or the corporate authority; (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. The Government may, by notification,— (a)
appoint such persons, being
gazetted officers of Government or officers of equivalent rank of the corporate
authority, as the Government think fit, to be estate officers for the purposes
of this Act; and (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)
If the estate officer is of
opinion that any persons are in unauthorised occupation of any public premises
and that they should be evicted, the estate officer shall issue, in the manner
hereinafter provided, a notice in writing calling upon all persons concerned to
show cause why an order of eviction should not be made. (2)
The notice shall— (a)
specify the grounds on which the
order of eviction is proposed to be made; and (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, to show cause, if any, against the proposed
order on or before such date as is specified in the notice, being a date not
earlier than ten days from the date of issue thereof. (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. (4)
Where the estate officer knows or
has reason to believe that any persons are in occupation of the public
premises, then, without prejudice to the provisions of sub-section (3), he
shall cause a copy of the notice to be served on every such person by post or
by delivering or tendering it to that person or in such other manner as may be
prescribed. (1)
If, after considering the cause,
if any, shown by any person in pursuance of a notice under Section 4 and any
evidence he may produce in support of the same and after giving him a
reasonable opportunity of being heard, the estate officer is satisfied that the
public premises are in unauthorised occupation, the estate officer may 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, by all persons who may be in occupation there of or any part there of,
and cause a copy of the order to be affixed on the outer door or some other
conspicuous part of the public premises. (2)
If any person refuses or fails to
comply with the order of eviction under sub-section (1), the estate officer or
any other officer duly authorised by the estate officer in this behalf may
evict, that person from, and take possession of, the public premises and may,
for that purpose, use such force as may be necessary. (1)
Where any persons have been evicted
from any public premises under Section 5, 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 atleast 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. (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 Government or the corporate
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)
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)
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 within such time
as may be specified in the notice, 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. 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 (Act 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. (1)
An appeal shall lie from every
order of the estate officer made in respect of any public premises under
Section 5 or Section 7 to an appellate officer who shall be the district judge
of the district in which the public premises are situated or such other
judicial officer in that district of not less than such numbers of years
standing as may be prescribed and as the district judge may designate in this behalf. (2)
An appeal under sub-section (1)
shall be preferred within such period as may be prescribed: Provided that the appellate officer may entertain the appeal after
the expiry of the prescribed period, if he is satisfied that the appellant was
prevented by sufficient cause 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. (4)
Every appeal under this section
shall be disposed of by the appellate officer as expeditiously as possible. (5)
The costs of any appeal under
this section shall be in the discretion of the appellate officer. (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. Save as otherwise expressly provided in this Act, every order made
by an estate officer or appellate offices 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. (1)
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 one
thousand rupees, or with both. (2)
Any Judicial Magistrate
convicting a person under sub-section (1) 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. 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. (1)
Where any person against whom any
proceeding for the determination of arrears of rent or for the assessment of
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. (2)
Any amount due to the Government
or the corporate authority from any person whether by way of arrears of rent or
damages or costs 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. If any person refuse or fails to pay the arrears of rent payable
under sub-section (1) of Section 7 or the damages payable under sub-section (2)
of that section or the costs awarded to the Government or the corporate
authority under sub-section (5) of Section 9 or any portion of such rent,
damages, 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. No court shall have jurisdiction to entertain any suit or
proceeding in respect of the eviction of any person who is in unauthorised
occupation of any public premises or the recovery of the arrears of rent
payable under sub-section (1) of Section 7 or the damages payable under
sub-section (2) of that section or the costs awarded to the Government or the
corporate authority under sub-section (5) of Section 9 or any portion of such
rent, damages or costs. (1)
No suit, prosecution or other
legal proceeding shall lie against any person for anything which is, in good
faith, done or intended to be done in pursuance of this Act or any rules or
orders made thereunder. (2)
No suitor other legal proceeding
shall lie against the Government, the corporate authority, 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 Actor of any rules or orders
made thereunder. (1)
Where an offence against any of
the provisions of this Act or any rule made thereunder has been committed by a
company, every person, who, at the time the offence was committed, was
in-charge of, and was responsible to the company for the conduct of the business
of the company as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render
any such person liable to any punishment, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence. (2)
Notwithstanding anything
contained in sub-section (1), where an offence punishable under this Act has
been committed by a company, and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect
on the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly. ExplanationFor the purposes of this section,— (a)
“company” means any body
corporate and includes a firm, society or other association of individuals; and (b)
“director” in relation to— (i)
a firm means a partner in the
firm, (ii)
a society or other association of
individuals, means the person who is entrusted under the rules of the society
or other association with the management of the affairs of the society or other
association, as the case may be. The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil
Nadu Act 18 of 1960)— (a)
shall not apply to any building
belonging to or vesting in the corporate authority; (b)
shall not apply as against the
corporate authority to any tenancies or like relationship created by the
corporate authority in respect of any such building; (c)
but shall apply to any building
let to the corporate authority. The Government may, by notification, exempt any public premises or
class of public premises or person or class of persons from all or any of the
provisions of this Act or of any rules made thereunder, subject to such
conditions and restrictions as the Government may impose. (1)
The Government may make rules to
carry 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 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; (f)
the manner in which appeals may
be preferred and the procedure to be followed in appeals; and (g)
any other matter which has to be
or may be prescribed. (3)
(a) All rules made under this Act
shall be published in the Tamil Nadu Government Gazette and, unless
they are expressed to come into force on a particular day, shall come into
force on the day on which they are so published. (b) All notifications issued under this Act shall, unless they are
expressed to come into force on a particular day, come into force on the day on
which they are published. (4)
Every rule made or notification
issued under this Act shall, as soon as possible, after it is made or issued,
be placed on the table of both Houses of the Legislature, and if, before the
expiry of the session, in which it is so placed or the next session, both
Houses agree in making any modification in any such rule or notification or
both Houses agree that the rule or notification should not be made or issued,
the rule or notification 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 or notification. [6][* * *] 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 Tamil Nadu Public Premises (Eviction of Un-authorised
Occupants) Act, 1960 (Tamil Nadu Act 27 of 1960) (hereafter in this section
referred to as the 1960 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 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 1960 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 1960 Act merely on the ground that the said Act has been declared to be
unconstitutional and void. [1] Received the
assent of the President on the 3rd January, 1976, first published in the Tamil
Nadu Government Gazette Extraordinary on the 10th January, 1976 (Margazhi 26,
Iratchasa (2006-Thiruvalluvar Aandu)) [2] For Statement of
Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary,
dated the 24th October, 1975, fart IV—Section 1, page 240. [3] The word
“and” omitted by Tamil Nadu Act 33 of 2010, S. 2(1) (w.e.f. the date
to be notified). [4] Ins. by Tamil
Nadu Act 33 of 2010, S. 2(2) (w.e.f. the date to be notified). [5] Ins. by Tamil
Nadu Act 33 of 2010, S. 2(3) (w.e.f. the date to be notified). [6] The Tamil Nadu
Public Premises (Eviction of Unauthorised Occupants) Act, 1960 (Tamil Nadu Act
27 of 1960), is hereby repealed.Tamil Nadu Public Premises
(Eviction of Unauthorised Occupants) Act, 1975[1]
Section 4. Issue of notice to show cause against order of
eviction
Section 6. Disposal of property left on public premises
by unauthorised occupants
Section 7. Power to require payment of rent or damages in
respect of public premises
Section 14. Recovery of rent, etc., as an arrear of land
revenue
Section 18. The Buildings (Lease and Rent Control) Act
not to apply