Bombay Government Premises (Eviction) Act, 1955, (Maharashtra) Preamble 1 - Bare Act

StateMaharashtra Government
Year1955
Section Title the Bombay Government Premises (Eviction) Act, 1955
Act Info:

THE BOMBAY GOVERNMENT PREMISES (EVICTION) ACT, 1955

[Act No. II of 1956]1

[ 19th January 1956]

Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects Order, 1956. Amended by Bom. 62 of 1959.

Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

Amended by Mah. 12 of 1969.*

,, ,, ,, 46 of 1976 (18-11-1976).

,, ,, ,,35 of 1981.

,, ,, ,, 16 of 1997 (7-12-1996) @

,, ,, ,, 14 of 1998(26-12-1997) @ @ **

PREAMBLE

An Act to provide for the eviction of certain persons from Government Premises and for certain matters connected therewith.

WHEREAS, it is expedient to provide for the eviction of certain persons from Government premises and for certain matters connected therewith; It is hereby enacted in the Sixth Year of the Republic of India as follows:--

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1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1955, Part V. P. 148.

This Act was extended to and by such extension shall be in force in, the remaining part of the State of Bombay (vide Bom. 62 of 1959, s. 2).

* Section 6-of Mah. 12 of 1969 reads as follows:-

"6. Application of Government Premises Act to existing premises taken on behalf of Government on the basis of tenancy or other like relationship--

Notwithstanding anything contained in any judgment, degree or order of any Court or in any contract, the provisions of the Bombay Government Premises (Eviction) Act, 1955 (Bom. II of 1956), shall apply to all premises which have been taken on behalf of the State Government on the basis of tenancy or other like relationship by, or in the name of, any officer subordinate to the State Government authorised in this behalf, and which, immediately before the 19th day of November 1968, were in the possession of this State Government or used or occupied by an officer or ex-officer of that Government or for any purpose of the State".

** Section 6 of Mah. 14 of 1998, reads as follows:-

"6. Removal of doubt--

For the removal of doubt it is hereby declared that the conferral of tenancy rights on Government allottee under the provisions of the principal Act (Bom. LVII of 1947) as amended by this Act shall not have the effect of setting aside the decision of a court inter partes to which effect has already been given or in any way affect the undertaking given by or on behalf of any Government allottee in the court."

@ Maharashtra Ordinance No. XXIII of 1996 was repealed by Mah. 16 of 1997, s. 8.

@@ Maharashtra Ordinance No. XX of 1997 was repealed by Mah. 14 of 1998, s. 7.

This indicates the date of commencement of Act.

Section 3 of Mah. 46 of 1976 reads as follows:-

"3. Non-application of Rent control Acts to premises of Corporation--

The Bombay Rents, Hotel and Lodging House Rates Control Act (I of 1956), 1947 or any other law corresponding thereto for the time being in force, in any part of the State-(a) shall not apply to any premises belonging to, or vesting in, any company as defined in section 3 of the Companies Act, 1956, in which not less than fifty-one percent, of the paid-up share capital is held by the State Government, or any Corporation (not being any such company or a local authority) established by or under any Central or State Act and owned, or controlled fully or partly by the State Government (hereinafter collectively referred to as "the said Corporation");

(b) shall not apply as against the said Corporation to any tenancy, licence or other like relationship created by the said Corporation in respect of any such premises;

(c) but shall apply in respect of any premises let, or given on licence, to the said Corporation."