Section 27 Delhi Police Act: Occupation and Vacation of Police Residential Premises

Section 27: Statutory provision

Occupation of, and liability to vacate, premises provided for police officers

Meaning and scope of Section 27

The provision concerns residential accommodation provided by the Commissioner of Police, rather than every property occupied by a police employee. The right to occupy such quarters is linked to the applicable terms of allotment and the officer's service status.

Section 27(1)(a): Conditions of occupation

The Commissioner of Police may prescribe conditions through general or special orders. An allottee must comply with those conditions, which may deal with permitted use, eligibility, retention and surrender of the premises. The actual conditions should be checked against the relevant allotment order and currently applicable departmental instructions.

Section 27(1)(b): When quarters must be vacated

The statute requires vacation on ceasing to be a police officer. It also permits a vacation requirement where the Commissioner of Police, or an officer duly authorised by the Administrator, considers it necessary and expedient. In that second situation, the provision expressly requires reasons to be recorded in writing.

Section 27(2): Failure to vacate

If a person bound or required to vacate does not do so, the Administrator or a duly authorised officer may order vacation and direct police assistance to enter, remove persons and take possession. The statutory power is vested in the specified authority; it should not be treated as permission for an unauthorised person to evict an occupant.

Practical points for police residential accommodation

1. Check the allotment: Identify the premises, the allotting authority and the conditions under which the quarters were provided.
2. Identify the basis for vacation: Determine whether service has ceased or an authorised vacation direction has been issued under Section 27(1)(b).
3. Review written reasons and authority: Where applicable, check the recorded reasons and the authority of the officer issuing the direction.
4. Check the order: If the premises have not been vacated, examine whether an order under Section 27(2) has been made by the Administrator or an authorised officer.
5. Preserve records: Retain copies of allotment letters, vacation directions, correspondence, payment records and any possession documents.

Any dispute about an allotment or vacation order turns on the particular facts, the statutory authority involved and the applicable service or accommodation rules. Section 27 itself does not prescribe a general fixed notice period or a universal appeal deadline.

Related legal provisions

Section 25 addresses resignation by subordinate-rank officers. Section 26 requires return of certificates and other official property on ceasing to be a police officer. Section 27 separately addresses residential premises. Read the provisions together where service termination and surrender of official accommodation arise.

For the enacted legislation and related departmental material, consult the India Code official legislation portal and the Delhi Police Acts and Rules resource.

Frequently asked questions

Does a police officer have an unconditional right to retain allotted quarters?

No. Under Section 27(1)(a), occupation is subject to the terms and conditions specified by the Commissioner of Police.

Can an officer be required to vacate before leaving police service?

Section 27(1)(b) permits this where the competent authority considers vacation necessary and expedient and records its reasons in writing.

Who may order removal after a failure to vacate?

Under Section 27(2), the Administrator or an officer authorised by the Administrator may order vacation and direct the taking of possession with police assistance.