Cabinet approved amendment to the Public Premises (Eviction of Unauthorized Occupants) Act, 1971

Cabinet approved amendment to the Public Premises (Eviction of Unauthorized Occupants) Act, 1971

Question: What is the time line for evacuating the government residence under the proposed amendment to Public Premises (Eviction of Unauthorized Occupants) Act, 1971?
(a) 30 days
(b) 90 days
(c) 45 days
(d) 3 days
Ans: (d)
Related Fact :

  • On May 17, 2017, the Union Cabinet chaired by Prime Minister Narendra Modi gave its approval for amendment in Section 2 and Section 3 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PPE Act, 1971).
  • The Amendment will enable the Estate officer to apply summary proceedings for evicting unauthorised occupants from residential accommodations allotted for a fixed tenure.
  • Estate Officer can make such inquiry as he deems expedient in the circumstances of the case and thus do not have to follow the elaborate procedures prescribed as per sections 4, 5 and 7 of the Act.
  • Estate Officers can even make an order for the eviction of such persons forthwith following the procedure proposed in the new section.
  • If such persons refuse or fail to comply with the said order of eviction, Estate Officer may use force to evict them.
  • The changes also seek to debar such occupants to move any court below the high court with their appeals for overstay.
  • Currently, it takes around a month to issue the vacation orders after issuing notices and hearing out the occupants.
  • Once the vacation order is issued, another up to 30 days are given to the occupants for leaving the premises.
  • In between, the occupants move the courts, especially the lower courts, to get a stay order. With the amendments, the process will end in three days.
  • The amendment will thus facilitate smooth and speedy eviction of unauthorised occupants from government residences.
  • The Government of India has to evict unauthorized occupants from Government accommodations under the provisions of PPE Act, 1971. However, the eviction proceedings take unusually long time, thereby reducing the availability of govt. accommodations to new incumbents.

Reference:
http://pib.nic.in/newsite/PrintRelease.aspx?relid=161853
http://indiatoday.intoday.in/story/cabinet-nod-to-changes-in-law-to-stop-overstay-of-mps-babus/1/956448.html

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