An Ordinance to provide for the speedy recovery of possession of certain lands and buildings. 1 WHEREAS it is expedient to provide for the speedy recovery of possession from unauthorised occupants of lands or buildings belonging to Port Authorities within the limits of major ports, and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
(1) This Ordinance may be called the Port Authorities Lands and Buildings (Recovery of Possession) Ordinance, 1962.
(2) It applies to all major ports.
(3) It shall come into force at once.
In this Ordinance, unless there is anything repugnant in the subject or context,-
(1) If, on the expiry, whether before or after the commencement of this Ordinance, of the period of any lease in respect of any land or building of which a Port Authority is the lessor, or on the determination of such lease on the ground of breach of any covenant or in pursuance of a condition in the lease imposing any obligation on the lessee to give up possession of the demised land or building in the event of such land or building being required for the purposes of a Port Authority, the lessee refused or failed, or refuses or fails, to vacate and deliver vacant possession of such land or building to the Port Authority, then, notwithstanding anything contained in any other law for the time being in force or in any contract, such Port Authority may, by notice in writing, require such lessee to vacate and deliver vacant possession of such land or building, and to remove structures, if any, erected or built thereon by him, within such time as may be specified in the notice.
(2) If the Port Authority is satisfied, after making such enquiry as it may think fit, that a person is an unauthorised occupant of any land or building, it may, by notice in writing, require such person to vacate such land or building, and deliver vacant possession thereof to it, and to remove structures, if any, erected or built thereon by him, within such time as may be specified in the notice.
(3) If any person to whom a notice is issued under sub-section (1) or sub-section (2) -
(1) Upon receipt of complaint under section 3, the Authorised Officer shall forthwith issue notice to the person against whom the complaint has been made calling upon him to show cause why he should not be evicted from the land or building occupied by him, and after giving such person an opportunity of being heard, and if necessary, after making such further enquiry as he may think fit, the Authorised Officer, shall, by an order in writing, either-
(2) If any person fails to comply with a direction under clause (b) of sub-section (1), the Authorised Officer may, notwithstanding anything contained in any other law for the time being in force, but subject to any order on appeal under section 5, enter upon the land or building to which the direction relates, and evict such person by such force as he may consider necessary, and demolish any or all of the said structures.
(3) No person shall be evicted under sub-section (2) between sunset and sunrise.
(1) Any person aggrieved by an order under sub-section (1) of section 4 may, within fifteen days from the date of such order, appeal, in such manner and on payment of such fee as may be prescribed, to the District Magistrate, or an Additional District Magistrate who may, pending the disposal of such appeal, make such orders as he thinks fit.
(2) The decision of the District Magistrate or an Additional District Magistrate on an appeal under sub-section (1) shall be final and shall not be called in question in any Court or by any authority.
A notice or an order under section 3 or section 4 shall be served in such manner as may be prescribed.
(1) The cost of demolition of structures under section 3 or section 4, hereafter in this section referred to as the cost, shall be payable to the Port Authority by the lessee or unauthorised occupant evicted .
(2) If the cost is not paid on demand, the Authorised Officer may, on an application made in this behalf by the Port Authority, and after giving the lessee or the unauthorised occupant an opportunity of being heard, cause the materials of the structures demolished to be sold in auction in such manner as may be prescribed.
(3) If the proceeds of the sale under sub-section (2) are not sufficient to cover the cost, the balance shall be recoverable as arrears of land revenue and, if such proceeds exceed the cost, the excess shall be paid to the lessee or the unauthorised occupant.
If any rent payable in respect of any land or building has been in arrears on the day of recovery of possession of such land or building, the amount due on account of such arrears, with interest, if any, accrued thereon, shall be recoverable as arrears of land revenue.
Save as provided by this Ordinance no Court shall question anything done under this Ordinance by or at the instance of a Port Authority, or to grant an injunction, or to make any other order, in relation to any notice or complaint issued or made by a Port Authority under this Ordinance, or in relation to any proceedings before an Authorised Officer.
No suit, prosecution or other legal proceeding shall lie against a Port Authority or any person in respect of anything which is in good faith done or intended to be done under this Ordinance.
A Port Authority may, with the previous approval in writing of the Government, make rules for carrying out the purposes of this Ordinance.