Amendment status not verified — confirm the current text below against the official source.
Repeal and savings. * * * * STATEMENT OF OBJECTS AND REASONS I Act 32 of 1974.- The Public Premises (Eviction of Unauthorised Occupants) Act, 1961 (Mysore Act 3 of 1962) was enacted to provide for a speedy remedy for the eviction of unauthorised occupants from public premises. Public Premises (Eviction of [1974: KAR. ACT 32 Unauthorised Occupants 752 In Northern India Caterers Private Ltd, Vs. The state of Punjab (A.I.R. 1967, S.C. 1581, the Supreme Court declared section 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959 (31 of 1959), void on the ground that the section is discriminatory and violative of Article 14 of the Constitution, in as much in it conferred an additional remedy over and above the usual remedy by way of suit and provided two alternative remedies to the Government, leaving it to the unguided discretion of the Collector to resort to one or the other of the procedures. The object and procedure prescribed by the Public Premises (Eviction of Unauthorised Occupants) Act 1958 the Central Act being similar to those in the Punjab Act and in order to avoid a risk of the Central Act also being struck down by the Supreme Court, if challenged, on similar grounds of discrimination, Central Act of 1958 was suitably amended by the Public Premises (Eviction of Unauthorised Occupants) (Amendment) Act, 1968 (Central Act) in order to overcome the decrees of the Court . By the amendment Act civil courts were precluded from entertaining any suit or proceeding in respect of the eviction of persons who are in unauthorised occupation of public premises and in respect of the recovery the arrears of rent or damages from such persons. The vires of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958, as amended by the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1968 (Central Act ) was again recently challenged by way of writ petitions in the Delhi High Court and certain other High Courts. By a majority judgement, the Delhi High Court in P.L.Mehra Vs D.R. Khanna (AIR 1972 Delhi 1) have held the whole of the Act as void under Article 13(2) of the Constitution as it was found to contravene Article 14 thereof. The Court also observed that as the Act of 1958 (Central Act) was void, the amending Act of 1968 (Central Act) was also ineffective, Similar views have also been held by the High Court of Allahabad (in AIR 1971 All, 268). Since the court decisions referred to above created serious difficulties for the Government in as much as the proceedings taken by the competent officers appointed under the Act either for the eviction of persons who are in unauthorised occupation of public premises or for the recovery of rent or damages from such persons having been found to be null and void the Central Act of 1958 was reenacted as central Act 40 of 1971, to restore a speedy remedy for the eviction of persons who are in unauthorised occupation of public premises keeping in view at the same time the 1974: KAR. ACT 32] Public Premises (Eviction of Unauthorised Occupants 753 necessity of complying with the provisions of the Constitution and the judicial pronouncements, referred to above. The Mysore Public Premises (Eviction of Unauthorised Occupants) Act, 1961 (Mysore Act 3 of 1962) is also on the lines of the Central Act of 1958. Further this Act was also amended Mysore Act 32 of 1969 on the lines of the Central Amendment Act of 1968. The provisions of this Act are therefore vulnerable like those the Central Act. In view of the position explained above it is necessary and safe to re- enact the Mysore Act also and accordingly, it is proposed to re-enact the Mysore Public Premises (Eviction of Unauthorised Occupants) Act, 1961 as amended from time to time. The law proposed to be re-enacted is to be given retrospective effect from 18th January 1962 the date on which the 1961 Act came into force. It is also proposed to make a suitable validating provision providing that anything done or any action taken or purported to have been done or taken under the 1961 Act shall be deemed to be as valid and effective as if such thing or action was taken or done under the corresponding provisions of the proposed law. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) dated 12-3-1973, Part IV-2A, as No. 250 at page 13.) II Amending Act 1 of 1977.- The Karnataka State Road Transport Corporation authorities are experiencing the difficulty of evicting the occupants of their buildings and premises unauthorisedly occupied i.e. occupied either after the employees to whom the quarters have been allotted ceased to be the employees of the Corporation, or the occupants of their buildings given for running refreshment rooms, tea stalls and allied catering establishments on lease and licence basis, refuse to vacate the premises after the period of the lease and licence had expired.