The Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972

{
    "id": 16842,
    "slug": "gujarat-public-premises-eviction-of-unauthorised-occupants-act-1972",
    "title": "The Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972",
    "short_title": "The Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972",
    "act_number": "Gujarat Act No. 12 of 1973",
    "act_year": 1972,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Competent Officer\" means an officer appointed as such by the State Government under Section 3;\n(b) \"corporate authority\" means any Municipal Corporation, Municipality, Panchayat or other Corporation referred to in clause (f) of this section;\n(c) \"land\" includes benefits to arise out of land and things attached to the earth or permanently fastened to the earth or permanently fastened to anything attached to the earth;\n(d) \"premises\" means any laid or any building or part of a building and includes-\n(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building, and\n(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;\n(e) \"prescribed\" means prescribed by rules made under this Act;\n(f) \"public premises\" means any premises belonging to or taken on lease or requisitioned by, or on behalf of, the State Government and includes any premises belonging to or taken on lease by, or on behalf of-\n(i) any Municipal Corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949) or any Municipality constituted under the Gujarat Municipalities Act. 1963 (Gujarat 34 of 1964).\n(ii) a panchayat constituted under the Gujarat Panchayats Act, 1961 (Gujarat VI of 1962).\n(iii) any Corporation (not being a company as defined in Section 3 of the Companies Act, 1956 (I of 1956)) established by or under a Central or State Act, and owned or controlled by the State Government, [***] .\n(iv) any University established or incorporated by or under any law in the State of Gujarat or any institution recognised by the University Grants Commission or declared by the Central Government to be a University, in accordance with the provisions of Clause (f) of Section 2 or of Section 3, as the case may be the University Grants Commission Act. 1956; [and]\n[(v) a public trust registered under the Bombay Public Trust Act, 1950, as the State Government may, by notification in the Official Gazette , declare the premises of such trust to be of national importance or historical interest.]\n(g) \"rent\" in relation to any public premises, means the consideration payable periodically for the authorised occupation of the premises, and includes-\n(i) any charge for electricity, water or any other services in connection with the occupation of the premises;\n(ii) any tax (by whatever name called) payable in respect of the premises, where such charge or tax is payable by the State Government or the Corporate authority;\n(h) \"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.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Appointment of competent officers.",
            "chapter": null,
            "content": "(a) appoint such persons, being gazetted officers of Government or Officers of equivalent rank of the corporate authority, as it thinks fit, to be competent officers for the purpose of this Act; and\n(b) define the local limits within which, or the categories of public premises in respect of which, the competent officers shall exercise the powers conferred, and perform the duties imposed, on competent officers by or under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Issue of notice to show cause against order of eviction.",
            "chapter": null,
            "content": "(a) that the person authorised to occupy any public premises has-\n(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months, or\n(ii) sub-let without the permission of the State Government or, as the case may be, the corporate authority, the whole or any part of such premises, or\n(iii) committed, or is committing such acts of waste as are likely to diminish materially the value, or impair substantially the utility, of the premises, or\n(iv) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such, premises, or\n(b) that any person is in unauthorised occupation of any public premises, or\n(c) that any public premises are required for any other purpose of the State Government, or as the case may be, the corporate authority to whom such premises belong, the competent officer shall, notwithstanding anything contained in any other law for the time being in force 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.\n(a) specify the grounds on which the order of eviction is proposed to be made; and\n(b) require all persons concerned, that is to say, all person who are, or maybe, 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 may be specified in the notice, being a date not earlier than ten days from the date of issue thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Eviction of unauthorised occupants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Disposal of property left on public premises by unauthorised occupants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Power to require payment of rent or damages, in respect of public premises.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Power of competent authorities.",
            "chapter": null,
            "content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of documents;\n(c) any other matter which may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Appeal.",
            "chapter": null,
            "content": "(a) in the case of an appeal from an order under Section 5 within fifteen days from the date of the service of the order under sub-section (1) of that section; and\n(b) in the case of an appeal from an order under Section 7 within fifteen days from the date on which the order is communicated to the appellant:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Finality of order.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Offences and penalty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Power to obtain information.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Liability of heirs and legal representatives.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Recovery of rent, etc. as an arrear of land revenue.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Rent to be recovered by deduction from salary or wages of employee.",
            "chapter": null,
            "content": "(a) an employee of the State Government or of a corporate authority or\n(b) an employee of a local authority other than a corporate authority who has executed an agreement as provided in sub-section (2),",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Bar of Jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Power to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Repeal, saving and validation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        }
    ],
    "metadata": {
        "Act ID": "guj167",
        "Act Number": "Gujarat Act No. 12 of 1973",
        "Enactment Date": "",
        "Act Year": "1972",
        "Short Title": "The Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:49"
}