Amendment status not verified — confirm the current text below against the official source.
UNAUTHORISED OCCUPATION OF PUBLIC PREMISES.-For the purposes of this Act, a person shall be deemed to be in unauthorised occupation of any public premises- (a) where he has, whether before or after the commencement of this Act entered into possession thereof otherwise than under and in pursuance of any allotment lease or grant; or , (b) where he, being an allottee, lessee or grantee, has, by reason of the determination or cancellation of his allotment, lease or grant in accordance with the terms in that behalf therein contained, ceased, whether before or after the commencement of this Act, to be entitled to occupy or hold such public premises; or (c) where any person authorised to occupy any public premises has, whether before or after the commencement of this Act,- . (i) sub-let, in contravention of the terms of allotment, lease or grant, without the permission of the State Government or of any other authority' competent to permit such sub-letting, the whole or any part of such public premises; or . (ii) otherwise acted in contravention of any of the terns, express or implied, under which he is authorised to occupy such public premises. Explanation.-For the purpose of clause (a), a person shall not merely by reason of the fact that he has paid any, rent be deemed to have entered into possion as allottee, lessee or grantee. 6 Public Permises and land (Eviction & Rent Recovery) Act SECTION-3 COMMENTARY -Section 3-Notice sent not on the prescribed form-Proceedings are not vitiated unless prejudice is alleged to have been caused to the petitioner. 1983(1)ALL INDIA LAWS REPORTER 276 . --Section 3(b)-Person continuing to be in possession after the lease has been determined becomes an unauthorised occupant. 1983(1) ALL INDIA LAND LAWS REPORTER 276. "Sections 3 and 5- Tenancy created for the fixed period-Possession cannot be said to be unauthorised from Inception-Relationship of landlord and tenant in the revenue record as tenant on payment of rent fails within the definition of a tenant holding- Tenant cannot be said to be an unauthorised occupant without invoking the provision Transfer of Property Act. 1986(1) ALL INDIA LAND LAWS REPORTER 467. PUNJAB PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 Section 3-A--Under challenge is the order passed by the District Judge-Upholding on appeal the order of eviction under Punjab Public Premises Act-Under the capital of Punjab Act, the site was allotted for construction of a building for residential purposes-On construction transferee let out the building for running a school In contravention of the allotment terms-Site and building were resumed by Estate Officer-under Punjab Public Premises Act, a show cause notice was issued to the tenant as well as allottee-Site and building resumed under Section 3-A of Punjab Public Premises Act-Once resumed the site and building become public premises-Contractual relations between the allottee and Estate Offlcer came to an end-Occupants become unauthorised Occupants, and possession can be recovered by the Estate Officer without being driven to file a suit a civil Court-No infirmity is found in the order of tile Estate Officer, \V1ich stands confirmed by the District Judge-Capital of Punjab·(Development and Regulation) Act, 1952, S.8A; H.K.L. Vijan v. Chandigarh Administration. & ors.. 1997(2) ALL INDIA LANDLAVUS REPORTER (P.&H.) 553 •.. Sections 2 and 3-Petitioner having been declared as unauthorised occupant of public premises, Is In appeal..-petitioner had taken the public premises (belonging to Gram Panchayat) on rent irregularly paid the rent-Premises later on passed over to Municipal Committee ,and thus, continued to be public premises-Failure to pay rent i.e. failure to comply with the terms of the lease, rendered the petitioner as . unauthorised occupant-NO ground to interfere in exercise of writ jurisdiction; Dr. Paul alias Mahabir Singh v. Municipal Commissioner, Naranund; 1996(2) ALL INDIA LAND LAWS REPORTER (P&H) 423 •. -Sections 2(d), (e), 3 and 5 read with S. 7-Punjab Gram Panchayat Act, 1953, S. 4(2) and (3)- Land In dispute. shown as property of custodian-Later passed over to Gram Panchayat- Thereafter by notification vested in the Municipality-Gram Panchayat was abolished-Municipality gave the land on thekha-A relation of landlord tenant was created-Accepted by appellants-Premises given on theka satisfied the definition given In S. 2(d)-Since it belongs to local authority, it acquires the status or public premises-The Thekedar in the capacity or allotee, lessee or grantee, by reason of determination of such allotment, lease or grant would become Public Permises and land (Eviction & Rent Recovery) Act 7 SECTION-3 and 4 an unauthorized occupant-By force of S.5 read with s. 7~Munlcipality gets-a right to file petition for ejectment-Appeals devoid of merit, are dismissed. Charan Singh v. municipal Committee, Rania; 1996(2)ALL INDIA LAND LAWS REPORTER (P&H) 387. S: 3-:-Lessee where lease has expired and who continues to be in possession can be ejected either by fling a suit OR under the provisions of the Public Premises Act-In case of tenancy for fixed. term, tenancy stands automatically determined by eflux of time- it is tenants duty to handover possession - in not doing that becomes an unau-thoirsed occupant - No action on the part of the landlord byway of notice etc. is necessary Can be ejected under under Public Premises Act- Transfer of Property Act, 1852, S.108(g). 1999(2) ALL INDIA LAND LAW REPORTE(P&H)280. FOR PUNJAB AND HARYANA