M.M.KUMAR, J. - (1.) THIS petition filed under Article 226 of the Constitution prays for quashing the proceedings initiated by the Estate Officer, Panjab University, Chandigarh vide order dated 21.9.2007 (Annexure P-11) on the ground that the Estate Officer, Panjab University has no jurisdiction and the office of the Estate Officer could not be constituted under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for brevity 'the Act'). The petitioner has emphasised that expression 'public premises' has been defined in Section 2(e)2(iii) of the Act to mean any premises belonging to, or taken on lease by, or on behalf of any university established or incorporated by any Central Act. Accordingly, the following question of law has been raised :- "Whether the Panjab University by virtue of Section 2(e)(2)(iii) is a University established or incorporated by a Central Act so as to entitle to appoint an Estate Officer under Section 3 of the Act."
(2.) MR . Shireesh Gupta, learned counsel for the petitioner has vehemently argued that the Panjab University Act of 1947 is an Act passed by the Provincial Legislature and as such it cannot be regarded as a University established or incorporated by a Central Act. According to the learned counsel once it is so, then the premises belonging to the Panjab University cannot be considered to be public premises within the meaning of Section 2(e)(2)(iii). He has, thus, emphasised that no Estate Officer by the Panjab University can be appointed to initiate proceedings of ejectment against the petitioner. We have considered the submissions made by learned counsel for the petitioner and the same cannot be accepted in view of express provisions made by Section 72 of the Punjab Reorganization Act, 1966. According to Section 72 if a body corporate constituted inter alia, by or under a State Act for the erstwhile State of Punjab or any part thereof serves the needs of successor States or has become an inter-State body corporate then it should continue to function and operate in those areas subject to such directions as may from time to time be issued by the Central Government. Sub-Section 3 of Section 72 expressly clarified that the provisions of Section 72 are to apply to the Panjab University constituted under Panjab University Act, 1947. Section 72 of the Act reads thus :- 72. General Provisions as to statutory corporations. - (1) Save as otherwise expressly provided by the foregoing provisions of this Part, where any body corporate constituted under a Central Act, State Act or Provincial Act for the existing State of Punjab or any part thereof serves the needs of the successor States or has, by virtue of the provisions of Part II, become an inter-State body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the Central Government, until other provision is made by law in respect of the said body corporate. (2) Any direction issued by the Central Government under sub-section (1) in respect of any such body corporate may include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect to such exceptions and modifications as may be specified in the direction. (3) For the removal of doubt it is hereby declared that the provisions of this section shall apply also to the Panjab University constituted under the Panjab University Act, 1947, the Punjab Agricultural University constituted Act, 1947, the Punjab Agricultural University constituted under the Punjab Agricultural University Act, 1961, and the Board constituted under the provisions of Part III of the Sikh Gurudawaras Act, 1925. (4) For the purpose of giving effect to the provisions of this section in so far as it relates to the Panjab University and the Punjab Agricultural University referred to in sub-section (3) the successor States shall make such grants as the Central Government may, from time to time, by order, determine."
(3.) A perusal of Section 72 makes it abundantly clear that even the successor states are to make such grants inter alia for the Panjab University as may be determined by the Central Government from time to time.;