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Report No. 138

7.5. Public premises Act -

In a recent case1 the Supreme Court has held that the Public Premises (Eviction of unauthorised occupants) Act, 1971, in so far as it relates to premises of the Government, falls under Union List, entry 32 (property of the Union) and in so far as it relates to lessees or licensees of premises of Government companies, it falls under Concurrent List, entry 6, 7 and 46. Concurrent List, entry 6 relates to transfer of property other than agricultural land, while entry 7 relates to contracts etc., and entry 46 relates to the jurisdiction of courts etc. This judgment of 1990 is confined to lincensees or lessees of premises belonging to a Government company. On that point, the Supreme Court reaffirmed the view taken by it in 1989,2 holding that the Public Premises Act falls in the Concurrent List.

1. Ashoka Marketing Ltd. v Punjab National Bank, JT 1990 (3) SC 417 to 447 (issue dated 13 August, 1990).

2. Savida Mossare v Hindustan Steel Ltd., (1989) SCC 272, affirming L.S. Nair v. Hindustan Steel, AIR 1980 MP 106.



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