Section 20 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Notwithstanding any judgment, decree or order of any court, anything done or any action taken (including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the public Premises (Eviction of Unauthorised Occupants) Act, 1958 (32 of 1958) (hereafter in this section referred to as the 1958-Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act which, under sub-section (3) of section 1 shall be deemed to have come into force on the 16th day of September, 1958, and accordingly--
- (a)no suit or other legal proceeding shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under the 1958-Act where such refund has been claimed merely on the ground that the said Act has been declared to be unconstitutional and void; and
- (b)no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under the 1958-Act merely on the ground that the said Act has been declared to be unconstitutional and void.
Summary
- This section protects actions and decisions that happened under the old 1958 law.
- It covers past things like notices, evictions, collecting rent, and assessing damages.
- The new law pretends it has been active since September 16, 1958, to cover these past actions.
- No one can sue in court to get a refund for rent or damages just because the old 1958 law was declared unconstitutional and void.
- Courts are forbidden from enforcing any orders that demand a refund simply because the old 1958 law was declared unconstitutional and void.
Practical examples
FAQ
1. What happens to an eviction that was ordered under the old 1958 law?
It is still valid and effective, just as if it had been ordered under the new law.
2. Can I get my money back if I paid damages under the 1958 law and a court later said that law was unconstitutional?
No, you cannot maintain a lawsuit for a refund based on that reason, and a court cannot force a refund either.
3. What does "unconstitutional and void" mean here?
It means a court decided the older law violated the basic rules of the country and had no legal power, but this section steps in to save the actions taken before that decision.
4. When does this law pretend to have started in order to protect these past actions?
It links back to another section to pretend it started on the 16th day of September, 1958.
Test yourself
Q1.Under Section 20 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what is the legal status of an eviction effected under the 1958 Act?
Q2.Section 20 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 prevents people from getting refunds for rent paid under the 1958 Act if their claim relies on what specific excuse?
Q3.Under Section 20 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, which of the following actions from the 1958 Act is NOT specifically listed as being protected and validated?
Q4.Section 20 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 states that past actions are valid as if done under the new law, which came into force on a specific past date according to Section 1(3). Under Section 1(3) of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what is that past date?
Q5.Section 20 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 connects to Section 1(3) to make the new rules apply to the past. However, under Section 1(3) of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 20 itself does NOT go back in time. When does Section 20 come into force?
Q6.Based on Section 20 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, if a court had previously issued an order to refund damages collected under the 1958 Act, what must happen now?