BOMBAY GOVERNMENT PREMISES (EVICTION) (EXTENSION AND AMENDMENT) ACT, 1959
(Bombay Act No. 62 of 1959)
For Statement of Objects and Reasons, see Bombay Government Gazette, 1959, Part V, pages 359-360.
An Act to combine in one law in force throughout the State, the laws relating to the control and regulation of the occupation of certain premises by displaced persons and the laws relating to the eviction of persons from Government premises; for that purpose to extend the Bombay Government Premises (Eviction) Act, 1955, with certain further amendments made thereto to the whole of the State, in consequence whereof to repeal corresponding laws in force in any part of the State; and to provide for matters connected with the purposes aforesaid.
Whereas it is expedient to combine, in one law in force throughout the State, the laws relating to the control and regulation of the occupation of certain premises by displaced persons and the laws relating to the eviction of persons from Government premises; for that purpose to extend the Bombay Government Premises (Eviction) Act, 1955, with certain further amendments made thereto to the whole of the State, in consequence whereof to repeal corresponding laws in force in any part of the State; and to provide for matters connected with the purposes aforesaid;
It is hereby enacted in the Tenth Year of the Republic of India as follows :-
1. Short title and commencement. - (1) This Act may be called the Bombay Government Premises (Eviction) (Extension and Amendment) Act, 1959.
(2) Extension of Bombay II of 1956 to rest of the State of Bombay. - It shall come into force on such date as the State Government may, by notification in the Official Gazette, [appoint].
Object & Reasons
Statement of Objects sand Reasons. - With a view to securing uniformity in the law relating to the control and regulation of the occupation of certain premises by displaced persons and the laws relating to the eviction of persons from Government premises it was proposed to amend and extend the Bombay Government Premises (Eviction) Act, 1955, to the whole of the Bombay State and to repeal corresponding Acts in force in the Marathwada and Vidarbha area.
Opportunity was also taken to include the provisions of the Bombay Displaced Persons Premises Control and Regulation Act, 1953 (XXXI of 1962) and the Saurashtra Displaced Persons' Premises Control and Regulation Act, 1953 (XXXIII of 1953) in the principal Act with a view to unification of those two Acts as their provisions were similar to the provisions of the principal Act.
The principal Act is also amended with a view to providing that appeals against the orders of a Competent Authority should lie to a Judicial Officer instead of to the State Government.
2. The Bombay Government Premises (Eviction) Act, 1955, as in force in the pre-Reorganisation State of Bombay, excluding the transferred territories, is hereby extended to, and by such extension shall be in force in, the remaining part of the State of Bombay.
3 to 9. [The amendments made by sections 3-9 have been incorporated in the Bombay Government Premises (Eviction) Act, 1955.]
10. Repeal and savings. - The Government Premises (Eviction) Act, 1955, of the former Hyderabad State, the Madhya Pradesh Government Premises (Eviction) Act, 1952, the Bombay Displaced Persons' Premises Control and Regulation Act, 1952, and the Saurashtra Displaced Persons' Premises Control and Regulation Act, 1953, are hereby repealed Provided that, such repeal shall not effect -
(a) the previous operation of the Acts so repealed, or anything duly done or suffered thereunder, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any of the Acts repealed, or
(c) any penalty or punishment incurred in respect of any offence committed against any of the provisions of the Acts repealed, or
(d) any investigation, legal proceedings, or remedy in respect of any such right, privilege, liability, penalty or punishment as aforesaid, or
(e) any proceedings under the Acts repealed before any competent authority or before any person or authority in appeal therefrom or in revision from any order passed in appeal, and any such investigation, legal proceedings, or remedy may be instituted, continued or enforced and any such penalty or punishment may be imposed, and, any such proceedings before a competent authority or before any person or authority in appeal therefrom, or in revision from any order passed in appeal, shall be continued and disposed of, as if this Act had not been passed :
Provided further that, subject to the preceding proviso, anything done or any action taken (including any rules and orders made, notices issued, stay granted and damages assessed) by or under the provisions of the Acts so repealed shall, in so far as it is not inconsistent with the provisions of the principal Act, be deemed to have been done or taken under the corresponding provisions of that Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the provision of the principal Act.
Notifications
G. N., L. & S.W.D., No. INT. 1559-M, dated 14th January, 1960 (B. G., Part IV-B, page 105) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Government Premises (Eviction) (Extension and Amendment) Act, 1959 (Bombay LXII of 1959), the Government of Bombay hereby appoints the first day of March, 1960 to be the date on which the said Act shall come into force in the whole of the State of Bombay.
Amended by G. N., U. D. & P. H. D., No. DDC. 5060-E, dated 16th January, 1961 (M. G., Part IV-B, page 164).
G. N., L. & S. W. D., No. DDC. 5059-G, dated 13th April, 1960 (B. G., Part IV-B, page 516) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) (Extension and Amendment) Act, 1959, the Government of Bombay hereby appoints the following officers of the Forest Department to be the competent authorities for carrying out the purposes of the said Act in respect of the areas within their respective jurisdictions-
1. Divisional Forest Officer, Panchmahals (Godhra),
2. Divisional Forest Officer, Baria (Devgadh Baria),
3. Divisional Forest Officer, Chhota Udepur (Chhota Udepur),
4. Divisional Forest Officer, Rajpipla (Rajpipla),
5. Divisional Forest Officer, Banaskantha (Palanpur),
[6. Divisional Forest Officer, Dhulia],
7. Divisional Forest Officer, Sabarkantha (Himatnagar),
8. Divisional Forest Officer, North Khandesh (Dhulia),
9. Divisional Forest Officer, East Khandesh (Jalgaon),
10. Divisional Forest Officer, East Nasik (Nasik),
11. Divisional Forest Officer, West Nasik (Nasik),
12. Divisional Forest Officer, Dangs (Ahwa),
13. Divisional Forest Officer, Vyara (Vyara),
14. Divisional Forest Officer, Surat (Bulsar),
15. Divisional Forest Officer, North Thana (Dahanu),
16. Divisional Forest Officer, Thana (Shahapur),
17. Divisional Forest Officer, West Thana (Thana),
18. Divisional Forest Officer, Kolaba (Alibag),
19. Sub-Divisional Forest Officer, Janjira (Roha),
20. Sub-Divisional Officer, Sawantwadi (Sawantwadi),
21. Divisional Forest Officer, Poona (including Ahmednagar),
22. Divisional Forest Officer, Satara (Satara),
23. Divisional Forest Officer, Kolhapur (Kolhapur).
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