Bihar Government Premises (Rent Recovery and Eviction) Act, 1956
No: 20 Dated: Oct, 01 1956
Bihar Government Premises (Rent Recovery and Eviction) Act, 1956
Bihar Act 20 of 1956
An Act to Provide for collection of rents from persons in occupation of Government Premises and for Eviction of persons from such premises in certain circumstances.
Be it enacted by the Legislature of the State of Bihar in the Seventh Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Bihar Government Premises Allotment Rent Recovery and Eviction Act, 1956.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "allotment" means the grant, in writing, by or on behalf of the State Government, of a right of use and occupation of any Government premises to any person but does not include a grant by way of lease;
(b) "competent authority" means any officer not below the rank of a Sub-Deputy Collector or a Sub Deputy Magistrate, authorised by the State Government by notification in the Official Gazette, perform all or any of the functions of the competent authority under this Act for such area as may be specified in the notification;
(c) "Government premises" means any premises belonging to, or taken on lease or requisitioned by, the State Government;
(d) "premises" means any land or building or part of a building and includes-
(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building;
(ii) any furniture supplied by the State Government for use in such building or part of a building; and
(iii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof;
(e) "prescribed" means prescribed by Rules made under this Act;
(f) "rent" shall have the meaning assigned to it in the Transfer of Property Act, 1882 (IV of 1882) and includes ground rent, municipal tax or any other amount payable by any allottee for use and occupation of premises; and
(g) "unauthorised occupation" means the occupation of Government premises by any person either without any allotment or after the expiry of one month from the date on which an allotment is cancelled under Section 3.
3. Cancellation of allotment. - If any Government premises is required for any public purpose, the competent authority may, notwithstanding anything contained in any other law for the time being in force, cancel the allotment under which such premises is held or occupied by a person:
Provided that before cancelling the allotment under this Section, the competent authority shall require such person to show cause within fifteen days why the allotment should not be cancelled.
4. Power to evict certain persons from Government Premises. - Notwithstanding anything to the contrary contained in any law for the time being in force, if the competent authority is satisfied-
(a) that the person authorised to occupy any Government premises has, whether before or after the commencement of this Act,-
(i) sub-let, without the permission of the State Government or of the competent authority, the whole or any part of such premises; or
(ii) committed or is committing such acts of waste as are likely to affect materially the value or utility of the premises; or
(iii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises;
(b) that any person is in unauthorised occupation of any Government premises, the competent authority may, by notice served by registered post or in such other manner as may by prescribed, order that the person as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate the premises within one week of the date of the service of the notice; and if any person refuses or fails to comply with such order, the competent authority may evict that person from, and take possession of, the premises and may for that purpose use such force as may be necessary:
Provided that if within one week of the service of notice on him, the person concerned files a show cause, the competent authority shall consider and shall pass such order thereon, as he may consider necessary, and if the show cause is rejected, necessary steps for eviction of the person concerned may be taken.