The Bombay Government Premises (Eviction) Rules, 1960

Published vide Notification G. N., L. & S. W. D., No. INT. 1559-M, dated 30th March, 1960 (B. G., Part 4-B, page 429)

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LEGISLATIVE HISTORY 6

In exercise of the powers conferred by section 12 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) and in supersession of the Bombay Government Premises (Eviction) Rules, 1956, and all other rules made under the Acts repealed by section 10 of the Bombay Government Premises (Eviction) (Extension and Amendment) Act, 1959 (Bombay LXII of 1959), and in force in any part of the State of Bombay, the Government of Bombay hereby makes the following rules, namely :-

Short title.- These rules may be called the Bombay Government Premises (Eviction) Rules, 1960.
Definitions.- (1) In these rules, unless there is anything repugnant in the subject or context,-

(a) "Act" means the Bombay Government Premises (Eviction) Act, 1955;

(b) "Form" means a form appended to these rules;

(2) Words and expressions used but not defined in these rules shall have the meanings assigned to them in the Act.

Form of notice.- A notice -

(a) under sub-section (1) of section 4 shall be in Form 'A';

(b) under sub-section (2) of section 4 shall be in Form 'B';

(d) under sub-section (2) of section 5 shall be in Form 'D'.

Mode of service of notice.- A notice under sub-sections (1) and (2) of section 4 and sub-sections (1) and (2) of section 5 may be served by any officer or servant working under the control of the competent authority by giving or tendering it to the person to whom it is addressed.
Entry into premises for taking possession.- For the purpose of taking possession of the premises under sub-section (3) of section 4, the competent authority or any officer or servant empowered by him in this behalf may enter the premises at any time except before sunrise and after sunset.
Assessment of damages for unauthorised occupation.- (1) In assessing damages for unauthorised use and occupation of any Government premises, the competent authority shall take into consideration the following matters, namely :-

(a) the purpose and the period for which the Government premises were in unauthorised occupation;

(b) the nature, size and standard of the accommodation available on such premises;

(c) the rent that would have been realised if the premises had been let on rent for the period of unauthorised occupation;

(d) any damage done to the premises during the period of unauthorised occupation;

(e) any other matter which, in the opinion of the competent authority, is relevant for the purpose of assessing the damages.

(2) Before assessing the damages, the competent authority shall give the person in unauthorised occupation an opportunity of being heard.

Agreement to be executed by employee of local authority.- An agreement under sub-section (2) of section 6 shall be in Form 'E'.
Procedure in appeals.- In an appeal under section 7 from an order of the competent authority, the appellate officer shall, as far as may be and with the necessary modifications, follow the practice and procedure prescribed for appeals from original decrees to a District Court by the Code of Civil Procedure, 1908.

Form 'A'

(See rule 3)

Shri/Shrimati/Kumari ......................................... residing at .............................. [in Greater Bombay/Taluka District].

Whereas I, the undersigned, am satisfied -

[(i) that you have not paid rents lawfully due from you for more than two months in respect of the premises described in the Schedule appended hereto;]

[(ii) that you have sub-let, without permission of the Government or of the competent authority, the whole or part of the premises described in the Schedule appended hereto;]

[(ii-a) that you have committed, or are committing, such acts of waste as are likely to diminish materially the value, or impair substantially the utility, of the premises described in the Schedule appended hereto;]

[(iii)] [that you have]

and thereby have acted in contravention of the terms under which you were authorised to occupy the premises described in the Schedule appended hereto;

[(iv) that you are in unauthorised occupation of the premises described in the Schedule appended hereto;]

[(v) that the premises described in the Schedule appended hereto are required for Government purposes;]

Now, Therefore, in exercise of the powers conferred on me under sub-section (1) of section 4 of the Bombay Government Premises (Eviction) Act, 1955, I order you [(as well as .......................................... who is/are in occupation of the whole/a part of the said premises)] to vacate the said premises within one month of the date of the service of this notice.

[Schedule

(Here enter the description of the premises)]

Date :

Signature of the Competent Authority.

Form 'B'

(See rule 3)

To,

Shri/Shrimati/Kumari ............................................. residing at.................... [in Greater Bombay/Taluka ....................... of District].

Whereas I, the undersigned, am satisfied -

[(i) that you have not paid rent lawfully due from you for more than two months commencing from .................................... in respect of the premises described in the Schedule appended hereto;]

[(ii) that you have sub-let, without the permission of Government or of the competent authority, the whole or part of the premises described in the Schedule appended hereto;]

[(iii)] [that you have]

and thereby have acted in contravention of the terms under which you were authorised to occupy the premises described in the Schedule appended hereto;

[(iv) that you are in unauthorised occupation of the premises described in the Schedule appended hereto;]

[(v) that the premises described in the Schedule appended hereto are required for Government purposes;]

And Whereas, in exercise of the powers conferred on me under sub-section (2) of section 4 of the Bombay Government Premises (Eviction) Act, 1955, I propose to order you to vacate the said premises within one month from ................. on the grounds aforesaid (hereinafter referred to as the proposed Order);

Now, Therefore, as required by the provisions of sub-section (2) of the said section 4, I call upon you to tender an explanation and produce evidence, if any and show cause within ten days from the date of the service of this notice why the proposed order should not be made.

[Schedule

(Here enter the description of the premises)]

Date :

Signature of the Competent Authority.

Form 'C'

(See rule 3)

Shri/Shrimati/Kumari ....................................... residing at................................... [in Greater Bombay/Taluka .......................... of District].

Whereas you are in occupation of Government premises described in the Schedule hereto appended;

And Whereas, a sum of Rs.................................. being the arrears of rent from ........... day of.............. 19......................... in respect of the said premises is due and payable by you to the State Government;

Now, Therefore, in exercise of the powers conferred on me under sub-section (1) of section 5 of the Bombay Government Premises (Eviction) Act, 1955, I hereby order you to pay the said sum within[.........................] from the date of service of this notice, failing which the said sum will be recovered as arrears of land revenue.

[Schedule

(Here enter the description of the premises)]

Date :

Signature of the Competent Authority.

Form 'D'

(See rule 3)

To,

Shri/Shrimati/Kumari residing at................... [in Greater Bombay/Taluka....................... of District],

Whereas you are in unauthorised occupation of the Government premises described in the Schedule appended hereto;

And Whereas in exercise of the powers conferred upon me by sub-section (2) of section 5 of the Bombay Government Premises (Eviction) Act, 1955, I have assessed Rs.......................... as damages payable by you on account of the use and occupation of the said premises. I hereby order you to pay the said amount of damages within [..............] days from the date of the service of the notice. If the said amount is not paid within the period specified above it will be recovered as arrears of land revenue.

[Schedule

(Here enter the description of the premises)]

Date :

Signature of the Competent Authority.

Form 'E'

(See rule 7)

This Agreement made at ............... the ............. day of ....................................... 19 ..........., between the Governor of [Maharashtra] exercising the executive power of the Government of the State of[Maharashtra] (hereinafter referred to as "the Government") of the one part and Shri/Shrimati/Kumari ..................... (hereinafter referred to "the Allottee") of the other part:

Whereas the Allottee who is an employee of a Local Authority constituted under the Act (hereinafter called "the Local Authority") is a monthly tenant of the Government premises particulars whereof are set out in Part I of the Schedule hereto (hereinafter referred to as the "said Government premises") allotted to him by the Government:

And Whereas an amount of Rs is due by the Allottee to the Government in respect of the said Government premises according to the particulars, set out in Part II of the said Schedule;

And Whereas the Allottee has offered to execute an agreement in favour of the Government as provided in sub-section (2) of section 6 of the Bombay Government Premises (Eviction) Act, 1955 (hereinafter called the said Act) in the manner hereinafter contained;

Now, Therefore, the Allottee hereby agrees with the Government of [Maharashtra] that the said Local Authority by or under whom the Allottee is employed shall be competent to deduct from time to time the salary of wages payable to the Allottee by the said Local Authority such sum not exceeding Rs..................... per month and to pay the amount so deducted to the Competent Authority appointed under the said Act in satisfaction of the said amount of Rs. ........................... now due or any other amount that may become due hereinafter by the Allottee to the Government in respect of the said Government premises.

In witness whereof the Allottee has set his/her hand hereto the day and year first above written.

Schedule

Part I

Particulars of Government premises

Block No...........

Tenement No............

Monthly rent ..........

Date of commencement of tenancy............

Part II

Particulars of the arrears of rent

Signed and delivered by the abovenamed allottee in the presence of -

Notifications

N., L. & S. W. D., No. DDC. 5058/134546-G, dated 27th August, 1958 (B. G., Part IV-B, page 880)- In pursuance of sub-rule (2) of rule 7 of the Bombay Government Premises (Eviction) Rules, 1956, and in supersession of the Government Order, Labour and Social Welfare Department, No. DDC. 5055. dated 1st December, 1956, the Government of Bombay hereby authorises the Special Officer to the Government of Bombay, Labour and Social Welfare Department, to hear appeals under section 7 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), against the orders of the competent authorities appointed in respect of the areas mentioned in the Schedule hereto appended.

Schedule

(1) The area comprising the Bombay Development Department Chawls situated in the City of Bombay at Worli, Delisle Road, Nalgaum and Sewri.

(2) The area comprised in the Thakur Bapa Colony situated in Survey No. 14 of Chembur in the Bombay Suburban District.