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| GOVERNMENT QUARTERS (RECOVERY OF POSSESSION) |
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AN ACT TO MAKE PROVISION FOR THE RECOVERY OF POSSESSION OF QUARTERS PROVIDED BY OR ON BEHALF OF THE GOVERNMENT OR A PUBLIC CORPORATION FOR THE OCCUPATION OF PERSONS, AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
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| Act Nos, |
| 8 of 1981 |
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| 45 of 1985 |
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| Act Nos, |
| 7 of 1969 |
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| 3 of 1971 |
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[28th April
, 1969 ]
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Short title.
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1. This Act may be cited as the Government Quarters (Recovery of Possession) Act.
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Application of Act.
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2. The provisions of this Act
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(a) shall apply to all Government quarters; and
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(b) shall be deemed at all times to have been, and to be, an implied condition of the occupation by persons of such quarters.
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Power to issue quit notices.
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3.
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(1) A competent authority may, at any time, serve or cause to be served on the occupier of any Government quarters a notice stating the reasons for the issue of such notice and requiring such occupier
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(a) to vacate such quarters together with his dependants, if any ; and
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(b) to deliver vacant possession of such quarters to such authority, or any other such competent authority or authorized person as may be specified in the notice, before the expiry of such period as shall be specified in the notice, being a period commencing on such date as shall be so specified. The specified period shall not in any instance be less than two months from the date of its commencement.
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(2) Every notice under subsection (1) issued in respect of any Government quarters is in this Act referred to as a ” quit notice “.
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(3) A quit notice issued in respect of any Government quarters shall be deemed to have been served on the occupier of such quarters if such notice is sent by registered letter through the post to such occupier at the address of such quarters.
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(4) Every quit notice shall be in the form A set out in the Schedule to this Act.
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Obligation to comply with a quit notice.
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4. Where a quit notice has been served on the occupier of any Government quarters
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(a) neither such occupier nor any dependant of his shall be entitled to occupy such quarters after the expiry of the period within which such occupier is required by such notice to vacate such quarters ; and
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(b) such occupier shall, before the expiry of that period, deliver vacant possession of such quarters to the authority or person to whom he is required to do so by the quit notice, and together with his dependants, if any, depart from such quarters.
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Withdrawal of quit notices or suspension.
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5. A competent authority may at any stage withdraw any quit notice or suspend its operation for such period as he deems fit.
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Effect of non- compliance with a quit notice.
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6.
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(1) In any case where the occupier of any Government quarters fails to comply with the provisions of paragraph (b) of section 4 in respect of any quit notice served on him relating to any Government quarters, any competent authority (whether or not he is the competent authority who issued such notice) may make an application in writing in the form B set out in the Schedule to this Act to the Magistrate’s Court having jurisdiction over the area in which such quarters are situated
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(a) setting forth the following facts, namely
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(i) that he is a competent authority for the purposes of this Act,
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(ii) that a quit notice (a copy of which is attached to the application) was served on the occupier of such quarters,
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(iii) the reason for the serving of such quit notice on the occupier, and
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(iv) that such occupier has failed to comply with the provisions of the aforesaid paragraph (b) in respect of such notice relating to such quarters; and
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(b) praying for the recovery of possession of such quarters and for the ejectment of such occupier and his dependants, if any, from such quarters.
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(2) Every application under subsection (1) shall be supported by an affidavit in the form C set out in the Schedule to this Act verifying the facts set forth in such application, and shall also be accompanied by a copy of the quit notice.
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(3) Every application supported by an affidavit and accompanied by a copy of a quit notice under the preceding provisions of this section is in this Act referred to as an ” application for ejectment “.
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(4) Every application for ejectment shall be conclusive evidence of the facts stated therein.
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(5) No stamp duties shall be payable for any application for ejectment.
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Proceedings on receipt of an application for ejectment.
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7.
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(1)Upon receipt of an application for ejectment in respect of any Government quarters, a Magistrate’s Court shall forthwith issue, and if need be reissue, a writ of possession to the Fiscal requiring and authorizing such Fiscal before a date specified in the writ, not being a date earlier than three or later than seven clear days from the date of the issue of such writ, to deliver possession of such quarters to the competent authority or other authorized person specified in the quit notice relating to such premises. Such writ shall be sufficient authority for the said Fiscal or any police officer authorized by him in that behalf to enter such quarters with such assistants as the Fiscal or such officer shall deem necessary and to give possession accordingly, and to eject the occupier and his dependants, if any, from such quarters.
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(2) Notwithstanding anything in any other law, the issue or re-issue of a writ of possession under subsection (1) shall not be stayed in any manner, by reason of any steps taken or proposed to be taken in any court with a view to questioning the issue or re-issue of such writ of possession or the quit notice in pursuance of which such writ of possession is issued or re-issued.
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(3) Nothing in this Act shall be read and construed as precluding any person who claims to have been unlawfully ejected from Government quarters under this section from instituting an action for damages or other relief.
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Exclusion of application of the Rent Act.
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8. Nothing in the provisions of the Rent Act shall apply to the ejectment of any person in occupation of any Government quarters.
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9. In this Act, unless the context otherwise requires
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” authorized person”, in relation to any Government quarters, means any person, other than a competent authority, authorized by a quit notice issued in respect of such quarters to take possession of such quarters;
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” competent authority ” means-
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(a) in relation to Government quarters the Secretary to the Ministry of the Minister in charge of the subject of Public Administration or any public officer authorized by such Secretary to be a competent authority for the purposes of this Act;
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(b) in relation to quarters belonging to a public corporation
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(i) the Chairman of such public corporation or any officer authorized by such Chairman to be a competent authority for the purposes of this Act or
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(ii) where such public corporation has no Chairman the Secretary to the Ministry of the Minister in charge of such public corporation or any officer authorized by such Secretary to be a competent authority for the purposes of this Act;
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” dependant”, in relation to the occupier of Government quarters, means any person who is dependent on the occupier, whether as spouse, child or otherwise, and includes any other person who is permitted by the occupier to reside in such quarters;
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” Government quarters ” means any building or room or other accommodation occupied for the use of residence which is provided by or on behalf of the Government or any public corporation to any person and includes any land or premises in which such building or room or other accommodation is situated, but does not include any house provided by the Commissioner for National Housing to which Part V of the National Housing Act applies;
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” occupier , in the event or the death of the person who first came into occupation, includes a dependant of that person.
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” public corporation” means any corporation, board or other body which was or is established by or under any written law other than the Companies Ordinance, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise.
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Schedules
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