The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975
The Tamil Nadu Act No. 1 of 1976, The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975, is a State law that provides a process to evict unauthorised occupants from public premises in Tamil Nadu and deal with related matters such as rent arrears, damages and appeals. The source text also notes an amendment appended, 33 of 2010.
What this law is
The Tamil Nadu Act No. 1 of 1976, The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975, was enacted by the Legislature of the State of Tamil Nadu to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters. It extends to the whole of the State of Tamil Nadu, and it comes into force on such date as the Government may appoint by notification, with different dates possible for different areas.
What counts as public premises
The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 applies to public premises. The text says this includes premises belonging to, taken on lease by, or requisitioned by or on behalf of the Government. It also includes certain premises of:
- Government companies where not less than fifty one per cent of the paid up share capital is held by the Government.
- Corporations established by or under law and owned or controlled by the Government.
- Local authorities.
- Boards constituted under any law.
The word premises includes land, buildings, huts, parts of buildings or huts, and related grounds, outhouses and fittings.
Who it affects
The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 affects:
- People occupying Government or other covered public property.
- Tenants or occupants who stay after their authority has expired or been ended.
- Government bodies, corporate authorities, local authorities and boards that manage public premises.
Unauthorised occupation includes occupation without authority, and also continuing in occupation after the authority to occupy has expired or has been determined for any reason.
Main process under the law
The Government may appoint estate officers, who must be gazetted officers of Government or officers of equivalent rank of the corporate authority.
If an estate officer believes there is unauthorised occupation, the estate officer must issue a written notice to show cause why eviction should not be made. The notice must:
- State the grounds for proposed eviction.
- Give a date for reply, not earlier than ten days from the date of issue.
After considering objections, evidence and giving a reasonable opportunity of being heard, the estate officer may order eviction and specify a date to vacate. If the person does not comply, the estate officer or an authorised officer may evict the person and take possession, using necessary force.
Rent, damages, appeal and penalties
The estate officer may require payment of arrears of rent. The estate officer may also assess damages for unauthorised use and occupation, after notice and consideration of objections.
An appeal lies from orders under section 5 or section 7 to the district judge of the district where the public premises are situated, or another designated judicial officer in that district. The law also says that re occupation after eviction without authority is punishable with imprisonment, fine, or both.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this law apply only to Government buildings?
No. The text includes premises belonging to, taken on lease by, or requisitioned by or on behalf of the Government, and also certain premises of Government companies, corporations, local authorities and boards constituted under law.
Can a person be treated as an unauthorised occupant even if they originally entered lawfully?
Yes. The text says unauthorised occupation includes continuing in occupation after the authority under which the person was allowed to occupy the premises has expired or has been determined for any reason whatsoever.
Will I get notice before eviction from public premises under this law?
Yes. The estate officer must issue a written notice calling upon all persons concerned to show cause why an eviction order should not be made, and the reply date cannot be earlier than ten days from the date of issue of the notice.
Is there any appeal against an estate officer's order?
Yes. The text provides an appeal from every order of the estate officer under section 5 or section 7 to the district judge of the district where the public premises are situated, or another designated judicial officer in that district.
