The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973
(PUNJAB ACT 31 OF 1973)
To provide for the eviction of unauthorized occupants from public premises and for certain incidental matters.
The chief effective sections 5 and 7(2) of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1959, were declared ultra vires by the Supreme Court (discussed in commentary under section 5) vide AIR 1967 SC 1581 and hence the promulgation of a new enactment was called for after meeting the objections to the earlier Act. For Statement of Objects and Reasons see HG Gazette Notification No. 23-HLA of 1972/28, dated the 8th August 1972, Page 955, and P.G. Gazette (Extraordinary) dated the 9th July,1973 pages 215-16.
The Haryana and Punjab Acts, are almost identical with minor variations which have been indicated in the context. Briefly these variation are :-
(1) The Haryana Act is named as Haryana Act of 1972, and was published in the 23rd year of the Republic of India while the other is Punjab Act 31 of 1973 and published in the 24th year of the Republic of India.
(2) The Haryana Act came into force, with the exception of sections 11,18 and 19 on the 10th August,1959, and the Punjab Act came into force with the exception of section 11,18 and 19 on the 27.1.1959.
(3) Sections 11,18 and 19 came into force on the 9-11-1972 in Haryana (being the date of notification) and on 6-7-1973 in Punjab (for the Same reasons).
(4) The variations in definitions have been shown in the context separately under section 2.
(5) In sections 6 (2),13(2),14,15 and 16 the Haryana Act use the words `local authority for `corporate authority in the Punjab Act.
(6) The Punjab Act contains additional words `on conviction by an Executive Magistrate before the words `be punishable in section 11(1).
(7) In the Haryana Act the word `the occurs in place of the word `legal in the Punjab Act before ` proceeding in section 13(1).
(8) In section 17 (3) the Haryana Act uses the words `House of the State Legistature in place of `State Legistature `in the Punjab Act.
Haryana Act 24 of 1972/ Punjab Act 31 of 1973
Be it enacted by the Legislature of the State of Haryana / Punjab in the (Twenty-third- in Hr.) (Twenty-forth- in Punjab) Year of the Republic of India as follows:-
Section 1. Short title, extent and commencement
(1) This Act may be called the Haryana/[Punjab] Public Premises and Land (Eviction and Rent Recovery) Act, [1972- in Hr.] [ 1973- in Pb.]
2. It extends to the whole of the State of Haryana / Punjab.
3. It shall be deemed to have come into force on the [10th day of August,1959- in Hr.] [27th November,1959- in Pb.] except sections 11,18 and 19 which shall come into force at once.