FRESH GUIDELINES TO PREVENT ARBITRARY EVICTION
FROM PUBLIC PREMISES
In order to prevent arbitrary use of powers to evict genuine
tenants from public premises under the control of Public Sector
Undertaking and financial institutions, a notification has been
issued seeking to limit the use of powers by the Estate Officers.
The resolution already notified by the Ministry of Urban Development
and Poverty Alleviation in the Gazette, states that the provisions
of Public Premises (Eviction of Unauthorised Occupants) Act 1971
should be used "primarily to evict totally unauthorized occupants
of the premises of public authorities or subletees, or employees
who have ceased to be in their service and thus ineligible for
occupation of the premises."
The guidelines stipulate that the "provisions of the P.P.(E)
Act 1971 should not be resorted to either with a commercial motive
or to secure vacant possession of the premises in order to accommodate
their own employees, where the premises were in occupation of
the original tenants to whom the premises were let either by the
public authorities or the persons from whom the premises were
acquired."
The resolution further states that the fact of unauthorized occupation
shall be decided by following the due procedure of law. The notification
specifies that the contractual agreement shall not be wound up
by taking advantage of the provisions of P.P.(E) Act 1971. Moreover,
the public authorities would have rights similar to private landlords
under the Rent Control Act in dealing with genuine legal tenants
to secure periodic revision of rent.
In order to give "no room for allegations" regarding
selective eviction done for the purpose of securing an unwarranted
increase in rent or that a change in tenancy was permitted so
as to benefit particular individuals or institutions, the guidelines
lay down that the release of premises or change of tenancy should
be decided at the level of Board of Directors of public sector
undertakings.
And finally the resolution says that "all the Public Undertakings
should immediately review all pending cases before the Estate
Officer or Courts with reference to these guidelines, and withdraw
eviction proceedings against genuine tenants on grounds otherwise
than as provided under these guidelines".
