In exercise of the powers
under Section 18 of the U. P. Public Premises (Eviction of Unauthorised
Occupants) Act, 1972 (U. P. Act 22 of 1972), read with Section 21 of the U. P.
General Clauses Act, 1904 (U. P. Act 1 of 1904), the Governor is pleased to
make the following rules: (1)
These rules may be called the
Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Rules, 1973. (2)
They shall come into force at
once. In these rules, unless there
is anything repugnant in the subject or context: (a)
"Act" means, the Uttar
Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972; (b)
"Form" means a form
appended to these rules; (c)
"Section" means a
section of the Act; and (d)
Words and expressions used in the
Act and not defined to those rules shall have the meaning assigned to them in
the Act. Sections 4, 5 and 18 (2)
(a).-A notice or order under the Act shall be in one of the appropriate form
appended to these rules. (1)
In addition to any mode of
service specified in the Act, a notice or order issued under sub-section (1) of
Section 4, or sub-section (1) of Section 6, or sub-section (1) or sub-section
(2) or sub-section (3) of Section 7, or Section 12, or sub-section (1) of
Section 13 shall be served by delivering or tendering a copy of the same to the
person to whom it is addressed or to any adult member of his family, or by
sending it by registered, post acknowledgment due in a letter addressed to that
person at his usual or last known place of residence or business. (2)
Where the copy of the notice or
order under sub-rule (1) is delivered or tendered, the signature of the person
to whom the copy is so delivered or tendered shall be obtained in token of
acknowledgment of the service. (3)
Where the person to whom a notice
or order is delivered or tendered under sub-rule (1) or the adult member of the
family of such person refused to take delivery of the notice or order or
refuses to sign the acknowledgment or where such person cannot be found after
using all due and reasonable diligence, and there is no adult member of the
family of such person, a copy of the notice shall be affixed on the outer door
or some other conspicuous part of the ordinary residence or usual place of
business of such person and the original shall be returned to the prescribed
authority who issued the notice with a report endorsed thereon or annexed
thereto stating that a copy has been so affixed, the circumstances under which it
was so done and the names, and addressed of two persons of the locality by whom
the ordinary residence or used place of business was identified and in whose
presence the copy was affixed. (4)
If a notice or order issued under
sub-rule (1) cannot be served in the manner hereinbefore provided, the
prescribed authority may, if it thinks fit, direct that such notice or order
shall be published in at least one newspaper having circulation in the locality
and it may also proclaim the contents of the same in the locality by beat of
drum. (1)
Where any person on whom a notice
or order under the Act has been served desires to be heard through his
representative, he should authorise such representative in writing. (2)
The prescribed authority shall
record the summary of the evidence and any relevant documents filed before him
shall form part of the records of the proceedings. (1)
On the application of any of the
parties, and after notice to the other parties, and after hearing such of them,
as desire to be heard, or of his own motion, without such notice, the District
Judge may, at any stage, withdraw any proceeding pending before the prescribed
authority competent to dispose of the same within his jurisdiction. (2)
Where any proceeding has been
transferred under sub-rule (1), the prescribed authority, who thereafter
disposes of such proceeding may, subject to any special directions in the order
of transfer, either re-try it or proceed from the point at which it was
transferred. (1)
If any obstruction is offered or
is in the opinion of the prescribed authority, likely to be offered to the
taking possession of any public premises under the Act, the prescribed authority
or any other officer duly authorised by him in this behalf may obtain necessary
police assistance. (2)
Where any public premises of
which possession is to be taken under the Act is found looked, the prescribed
authority or any other officer duly authorised by him in this behalf may either
seal the premises or in the presence of two witnesses break open the locks or
open or cause to be opened any door, gate or other barrier and enter the
premises: Provided that: (1)
no entry into, or possession of,
a public premises shall be made or taken before sunrise or after sunset; (2)
where any public premises is
forced open, an inventory of the articles found in the premises shall be taken
in the presence of two witnesses. In assessing damages for
unauthorised use and occupation of any public premises, the prescribed
authority shall take into consideration the following matters namely: (a)
the purpose and the period for
which the public premises were in unauthorised occupation; (b)
the nature, size, and standard of
the accommodation available in such premises; (c)
the rent that would have been
realised if the public premises had been let out on rent for the period of
unauthorised occupation to a private person; (d)
any damage done to the public
premises during the period of unauthorised occupation; (e)
the expenditure, if any, incurred
in litigation for eviction, including lawyer's fees; and (f)
any other matter relevant for the
purpose of assessing the damages. An appeal under Section 9
may be preferred by any person aggrieved by an order under Section 5 or Section
7. (2) The
appeal shall be preferred in the form of a memorandum signed by the appellant
or his representative and be presented either in person or through such
representative to the District Judge or to the munsarim of his Court. (3)
Every such memorandum shall be
accompanied by a copy of the order appealed against and shall set forth
concisely and under distinct heads the grounds of objection and such grounds
shall be numbered consecutively. (4)
On receipt of the appeal and after
calling for and perusing the record of the proceedings before the prescribed
authority, the appellate officer shall fix a date for the hearing of the appeal
and shall give notice thereof to the prescribed authority against whose orders
the appeal is preferred, as well as to the appellant. [1][Rule
10. Power under the Code of Civil Procedure, 1908: Section 8 (c).- The prescribed authority
of the appellate officer shall for the purpose of holding an inquiry or hearing
any appeal under the Act, shall have the same powers as vested in the civil
court under the Code of Civil Procedure, 1908 when trying a suit in respect of
the following matters, namely: (a)
the power to dismiss an
application or appeal for default and to restore it for sufficient cause; (b)
the power to proceed ex parte and
set aside, for sufficient cause, an order passed, ex parte; (c)
the power to order attachment
before judgment; (d)
the power referred to in Section
151 of the Code of Civil Procedure, 1908 to make an order for the ends of
justice or to prevent the abuse of process of the authority concerned; and (e)
the power to accept affidavits in
proceedings pending before him and to issue commissions in suitable cases.] The prescribed authority
or the appellate officer, as the case may be, may for sufficient cause: (a)
set aside an ex parte order made
in proceedings under Section 5 or Section 7; (b)
restore an appeal arising out of
the proceeding referred to in clause (a) where such appeal has been dismissed
for default of appearance of the appellant or his counsel. (1)
An application under Rule 10 to
set aside an order deciding an appeal or proceeding ex parte shall be made
within thirty days from the date of such order or where the notice of such
appeal or proceeding was not duly served, when the applicant or appellant, as
the case may be had knowledge of that order. (2)
An application under Rule 10 to
restore an appeal or proceeding dismissed for default shall be made within
thirty days from the date of such dismissal. UTTAR
PRADESH PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) RULES, 1973
PREAMBLE