THE ANDHRA PRADESH PUBLIC PREMISES (EVICTION OF UNAUTHORISED

OCCUPANTS) ACT, 1968.

ACT No. 20 OF 1968

ARRANGEMENT OF SECTIONS
SECTIONS

1. Short title and extent

2. Definitions
3. Appointment of estate officer
4. Issue of notice to show cause against order of eviction
5. Eviction of unauthorized occupants
6. Disposal of property left on public premises by unauthorized occupants
7. Power to recover rent or damages in respect of public premises as
arrears of land revenue
8. Powers of estate officer
9. Appeals
10. Finality of orders
11. Bar of jurisdiction
12. Offences and Penalties
13. Power to obtain information
14. Liability of heirs and legal representatives
15. Recovery of rent, etc., as an arrear of land revenue
16. Protection of action taken in good faith
17. Delegation of powers
18. Power to make rules
19. Andhra Pradesh Land Encroachment Act, 1905 not to apply to garden,
etc., appertaining to public premises.
20. Repeal of Act XXXVII of 1961.
 THE ANDHRA PRADESH PUBLIC PREMISES (EVICTION OF
UNAUTHORISED OCCUPANTS) ACT, 1968
ACT No.20 of 1968
[12th October, 1968]

AN ACT TO PROVIDE FOR THE EVICTION OF UNAUTHORISED

OCCUPANTS FROM PUBLIC PREMISES AND FOR MATTERS CONNECTED
THEREWITH

BE it enacted by the Legislature of the State of Andhra Pradesh in the

Nineteenth year of the Republic of India as follows:-

1. Short title and extent - (1) This Act may be called the Andhra Public
Premises (Eviction of Unauthorised Occupants) Act, 1968.
(2) It extends to the whole of the State of Andhra Pradesh.

2. Definitions - In this Act, unless the context otherwise requires,-

(a) 1[“corporate authority” means,-

(i) any local authority;
(ii) any company or corporation referred to in clause (d)].
2[(aa)]
“estate officer” means an officer appointed as such by the Government
under section 3;
(b) “Government” means the State Government;
(c) “notification” means a notification published in the Andhra Pradesh
Gazette and the expression “notified” shall be construed accordingly;
(d) 3[“public premises” means any premises belonging to or taken on lease or

requisitioned by, or on behalf of the Government; and includes any premises

belonging to, or taken on lease by, or on behalf of,-
(i) any local authority;
(ii) any company as defined in section 3 of the 4[Companies Act, 1956,
(Central Act 1 of 1956)] in which not less than fifty-one per cent of the paid up
share capital is held by the Government; and
(iii) any corporation (not being a company as defined in section 3 of the
4[Companies Act, 1956 (Central Act 1 of 1956)] or a local authority established)
by or under a Central Act or a State Act and owned or controlled by the
Government;]
(e) “premises” means 5[any land or building or any part thereof] and
includes—

(i) out-houses, gardens, grounds and vacant sites, if any,

appertaining to such building or part of a building;
(ii) any fittings affixed to such building or part of a building for the
more beneficial enjoyment thereof;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “rent” in relation to any public premises means the consideration

1. Inserted by the Act No.15 of 1986, S.2.

2.Clause (a) re-lettered as clause (aa) by Act No.15 of 1986, S.2.
3. Substituted by the Act No.15 of 1986, S.2.
4
.See now the relevant provisions of the Companies Act, 2013 (Central Act 18 of 2013).
5. Substituted by the Act No.15 of 1986, S.2.
payable periodically for the authorised occupation of the premises, and
includes—
(i) any charge for electricity, water or any other services in connection with
the occupation of the premises;
(ii) any tax (by whatever name called) payable in respect of the premises,
where such charge or tax is payable by the Government 1[or the corporate
authority];

(h) “unauthorised occupation’’ in relation to any public premises, means the

occupation by any person of the public premises without authority for such
occupation and includes the continuance in occupation by any person of the
public premises after the authority (whether by way of grant or any other mode
of transfer) under which he was allowed to occupy the premises has expired or
has been determined for any reason whatsoever.

3. Appointment of estate officer - The Government may, by notification—

(a) appoint such persons, being Gazetted officers of Government 2[or officers
of equivalent rank of the corporate authority], as they think fit, to be estate
officers for the purpose of this Act; and
(b) define the local limits within which, or the categories of public premises
in respect of which, each estate officer shall exercise the powers conferred, and
perform the duties imposed, on estate officer by or under this Act.

4. Issue of notice to show cause against order of eviction – (1) If the estate
officer is of opinion that any person is in unauthorized occupation of any
public premises and that he should be evicted, the estate officer shall issue in
the manner hereinafter provided a notice in writing calling upon all persons
concerned to show cause why an order of eviction should not be made.

(2) The notice shall,-

(a) specify the grounds on which the order of eviction is proposed to
be made; and
(b) require all persons concerned, that is to say, all persons who are,
or may be, in occupation of, or claim interest in, the public premises, to show
cause, if any, against the proposed order on or before such date as is specified
in the notice, being a date not earlier than ten days from the date of issue
thereof.
(3) The estate officer shall cause the notice to be served by having it affixed
on the outer door or some other conspicuous part of the public premises, and
in such other manner as may be prescribed, whereupon the notice shall be
deemed to have been duly given to all persons concerned.
(4) Where the estate officer knows or has reason to believe that any person
is in occupation of the public premises, then, without prejudice to the
provisions of sub-section (3), he shall cause a copy of the notice to be served on
every such person by registered post or by delivering or tendering it to that
person or in such other manner as may be prescribed.

5. Eviction of unauthorized occupants - (1) If, after considering the cause, if

any, shown by any person in pursuance of a notice under section 4 and any
evidence he may produce in support of the same and after giving him an
opportunity of being heard, the estate officer is satisfied that the public
premises are in unauthorised occupation, the estate officer may, for reasons to

1
.Inserted by the Act No.15 of 1986, S.2.
2
. Inserted by the Act No.15 of 1986, S.3.
be recorded, on a date to be fixed for the purpose, make an order of eviction,
directing that the public premises shall be vacated by all persons who may be
in occupation thereof and cause a copy of the order to be affixed on the outer
door or some other conspicuous part of the public premises.

(2) If any person refuses or fails to comply with the order of eviction within
thirty days of the date of its publication under sub-section (1), the estate officer
or any other officer duly authorised by the estate officer in this behalf, may
evict that person from, and take possession of, the public premises and may,
for that purpose, use such force as may be necessary.

6. Disposal of property left on public premises by unauthorised occupants

- (1) Where any person has been evicted from any public premises under
section 5, the estate officer may, after giving fourteen days notice to the person
from whom possession of the public premises has been taken and after
publishing the notice in at least one newspaper having circulation in the
locality, remove or cause to be removed or dispose of by public auction any
property remaining on such premises.

(2) Where any property is sold under sub-section (1), the sale proceeds shall,
after deducting the expenses of the sale and the amount, if any, due to the
Government 1[or the corporate authority] on account of arrears of rent or
damages or costs, be paid to such person or persons as may appear to the
estate officer to be entitled to the same:
Provided that where the estate officer is unable to decide as to the person
or persons to whom the balance of the amount is payable or as to the
apportionment of the same, he may refer such dispute to the civil court of
competent jurisdiction and the decision of the court thereon shall be final.

7. Power to recover rent or damages in respect of public premises as

arrears of land revenue - (1) Where any person is in arrears of rent payable in
respect of any public premises, the estate officer may, by order, require that
person to pay the same within such time and in such instalments as may be
specified in the order.
(2) Where any person is, or has at any time (whether before or after the
commencement of this Act) been in unauthorised occupation of any public
premises, the estate officer may, having regard to such principles of
assessment of damages as may be prescribed, assess the damages on account
of the use and occupation of such premises and may, by order, require that
person to pay the damages within such time and in such instalments as may
be specified in the order.
(3) No order under sub-section (1) or sub-section (2) shall be made against
any person until after the issue of a notice in writing to the person calling upon
him to show cause within such time as may be specified in the notice why such
order should not be made, and until his objections, if any, and any evidence he
may produce in support of the same, have been considered by the estate
officer.

8. Power of estate officer - An estate officer shall, for the purpose of holding
8.

any inquiry under this Act, have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a
suit, in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and

examining him on oath;

1
. Inserted by the Act No.15 of 1986, S.4.
 (b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribed.

9. Appeals - (1) An appeal shall lie from every order of the estateofficer made
in respect of any public premises under section 5 or section 7 to an appellate
officer who shall be the district judge of the district in which the public
premises are situate or such other judicial officer in that district of not less
than ten years standing as the district judge may designate in this behalf.
(2) An appeal under sub-section (1) shall be preferred—
(a) in the case of an appeal from an order under section 5, within fifteen
days from the date of publication of the order under sub-section (1) of that
section; and
(b) in the case of an appeal from an order under section 7, within fifteen
days from the date on which the order is communicated to the appellant:
Provided that the appellate officer may entertain the appeal after the
expiry of the said period of fifteen days, if he is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.

(3) 1[Where an appeal is preferred from an order of the Estate Officer, no

order for stay of operation thereof shall be made by the appellate officer
pending disposal of the said appeal, unless the appellate office is satisfied-
(i) that substantial loss may result to the party applying for stay, unless
the order is made; and
(ii) that security has been given by the appellant for the due performance
of such order as may ultimately be binding upon him].

(4) Every appeal under this section shall be disposed of by the appellate
officer as expeditiously as possible.
(5) The costs of any appeal under this section shall be in the discretion of
the appellate officer.
(6) An order made by an appellate officer, shall be executable by the estate
officer concerned as if it were an order made by him under sub-section (1) of
section 5 or section 7, as the case may be.
(7) For the purposes of this section, the cities of Hyderabad and
Secunderabad shall be deemed to be a district and the Chief Judge or the
Principal Judge of the City Civil Court therein shall be deemed to be the
District Judge of the said district.
10. Finality of orders - Save as otherwise expressly provided in this Act, every
order made by an estate officer or appellate officer under this Act shall be final
and shall not be called in question in any original suit, application or execution
proceeding and no injunction shall be granted by any court or other authority
in respect of any action taken or to be taken in pursuance of any power
conferred by or under this Act.

11. 2[Bar of jurisdiction - No court shall have jurisdiction to entertain any

suit or proceeding in respect of, the eviction of any person who is in
unauthorised occupation of any public premises or, the recovery of the arrears
of rent payable under sub-section (1) of section 7 or the damages payable
under sub-section (2) of that section or the costs awarded to the Government
or the corporate authority under sub-section (5) of section 9 or any portion of

1.Substituted by the Act No.60 of 1976, S.2.

2
. Substituted by the Act No.15 of 1986, S.5.
such rent, damages or costs.]
12. Offences and penalties - If any person who has been evicted from any
public premises under this Act again occupies the premises without authority
for such occupation, he shall be punishable with imprisonment which may
extend to one year, or with fine which may extend to one thousand rupees, or
with both.
(2) Any Magistrate convicting a person under sub-section (1) may make an
order for evicting that person summarily and he shall be liable to such eviction
without prejudice to any action that may be taken against him under this Act.

13. Power to obtain information – If the estate officer has reason to believe
that any person is in unauthorized occupation of any public premises, the
estate officer or any other officer authorized by him in this behalf may require
such person or any other person to furnish information relating to the names
and other particulars of the persons in occupation of the public premises and
every person so required shall be bound to furnish the information in his
possession.

14. Liability of heirs and legal representatives - (1) Where any person
against whom any proceeding for the determination of arrears of rent or for the
assessment of damages is to be or has been taken, dies before the proceeding
is taken or during the pendency thereof, the proceeding may be taken or, as
the case may be, continued against the heirs or legal representatives of that
person.
(2) Any amount due to the Government 1[or the corporate authority] from
any person whether by way of arrears of rent or damages or costs shall, after
the death of the person, be payable by his heirs or legal representatives, but
their liability shall be limited to the extent of the assets of the deceased in their
hands.

15. Recovery of rent, etc., as an arrear of land revenue - If any person

refuses or fails to pay the arrears of rent payable under sub-section (1) of
section 7 or the damages payable under sub-section (2) of that section or costs
awarded to the Government 2[or the corporate authority] under sub-section (5)
of section 9, or any portion of such rent, damages or costs, within the time, if
any, specified therefor in the order relating thereto, the estate officer may issue
a certificate for the amount due, to the District Collector who shall proceed to
recover the same as an arrear of land revenue.

16. Protection of action taken in good faith - No suit, prosecution or other

legal proceeding shall lie against the Government 3[or the corporate authority]
or the appellate officer or the estate officer in respect of anything which is in
good faith done or intended to be done in pursuance of this Act or of any rules
or orders made thereunder.

17. Delegation of powers- The Government may, by notification, direct that

any power exercisable by them under this Act shall, subject to such conditions,
if any, as may be specified in the notification, be exercisable also by such
officer of the Government as may be specified therein.

18. Power to make rules - (1) The Government may by notification, make
rules for carrying out the purposes of this Act.

1.Inserted by the Act No.15 of 1986, S.6.

2
. Inserted by the Act No.15 of 1986, S.7.
3
. Inserted by the Act No.15 of 1986, S.8.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:-

(a) the form of any notice required or authorised to be given under this
Act and the manner in which it may be served;
(b) the holding of inquiries under this Act;
(c) the distribution and allocation of work to estate officers and the
transfer of any proceeding pending before one estate officer to another estate
officer;
(d) the procedure to be followed in taking possession of public premises;
(e) the manner in which damages for unauthorised occupation may be
assessed and the principles which may be taken into account in assessing
such damages;
(f) the manner in which appeals may be preferred and the procedure to
be followed in appeals; and
(g) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this section shall, immediately after it is
made, be laid before each House of the State Legislature if it is in session and if
it is not in session, in the session immediately following, for a total period of
fourteen days which may be comprised in one session, or in two successive
sessions, and if, before the expiration of the session in which it is so laid or the
session immediately following both Houses agree in making any modification in
the rule or in the annulment of the rule, the rule shall, from the date on which
the modification or annulment is notified, have effect only in such modified
form or shall stand annulled as the case may be; so however that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.

19. Andhra Pradesh Land Encrochment Act, 1905 not to apply to garden,
etc., appertaining to public premises - The provisions of the AndhraPradesh
Land Encroachment Act, 1905 shall not apply to the garden, ground or vacant
site, appertaining to any public premises.

20. Repeal of Act XXXVII of 1961 - (1) The Andhra Pradesh Public Premises
(Eviction of Unauthorised Occupants) Act, 1961 is hereby repealed.

(2) Upon such repeal the provisions of sections 8 and 18 of the Andhra
Pradesh General Clauses Act, 1891 (Act No.1 of 1891) shall apply:

Provided that all proceedings pending before any officer or authority

under the provisions of the repealed Act may be continued by the appropriate
officer or authority under this Act, as if this Act had been in force on the day
on which the said proceedings were instituted.