THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 [Act, No. 40 of 1971] [23rd August, 1971.] PREAMBLE An Act to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows :--
View Complete Act List Judgments citing this section(1) This Act may be called The Public Premises (Eviction of Unauthorised Occupants) Act, 1971. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 16th day of September, 1958 except sections 11, 19 and 20 which shall come into force at once.
View Complete Act List Judgments citing this section1[(3A) Eviction from temporary occupation Notwithstanding anything contained in section 4 or section 5, if the estate officer, after making such inquiry as he deems expedient in the circumstances of the case, is satisfied that any persons who were allowed temporary occupation of any public premises are in unauthorised occupation of the said premises, he may, for reasons to be recorded in writing, make an order for the eviction of such persons forthwith and, thereupon, if such persons refuse or fail to comply with the said order of eviction, he may evict them from the premises and take possession thereof and may, for that purpose, use such force as may be necessary.] _________________________ 1. Inserted by Public Premises (Eviction of Unauthorised Occupants) Amendment Act (7 of 1994), section 4 (1-6-94).
View Complete Act List Judgments citing this section.....shown, and also for personal hearing, if suchhearing is desired.] (3) The estate officer shall cause thenotice to be served by having it affixed on the outer door or some otherconspicuous part of the public premises, and in such other manner as may beprescribed whereupon the notice shall be deemed to have been duly given to allpersons concerned. 2 [x x x x x x x]. _________________________ 1. Clause(b) substituted by the Public Premises (Eviction of Unauthorised Occupants)Amendment Act, 1980 (61 of 1980), section 4 (20-12-1980). 2. Omittedby the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980(61 of 1980), section 4 (20-12-1980), (7 of 1994), section 5 (1-6-94).
View Complete Act List Judgments citing this section.....a notice under section 4 and 1 anyevidence produced by him in support of the same and after personal hearing, ifany, given under clause (b) of sub-section (2) of section 4], the estate officeris satisfied that the public premises are in unauthorised occupation, the estateofficer may make an order of eviction, for reasons to be recorded therein,directing that the public premises shall be vacated, on such date as may bespecified in the order, by all persons who may be in occupation thereof or anypart thereof, and cause a copy of the order to be affixed on the outer door orsome other conspicuous part of the public premises. (2) If any person refused or fails tocomply with the order of eviction 2 [on or before, the date specifiedin the said order or within fifteen days of its publication under sub-section(1) whichever is later,] the estate officer or any other officer duly authorisedby the estate officer in this behalf may evict that person from, and takepossession of, the public premises and may, for that purpose, use such force asmay be necessary. _________________________ 1. Substitutedfor the words "any evidence he may produce in support of the same and aftergiving him a.....
View Complete Act List Judgments citing this section.....of sub-section (1) by any person, the estate officer may, by order, remove or caused to be removed without notice, such structure, fixture, goods, cattle or other animal, as the case may be, from the public premises and recover the cost of such removal from such person as an arrear of land revenue.] _________________________ 1. Inserted by the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980 (61 of 1980), section 12(20-12-1980), 1984 (35 of 1984), section 9 (12-11-1984). 2. Substituted for the words "other structure or fixture" by the Public Premises (Eviction of Unauthorised Occupants) Act, 1980 (61 of 1980), section 6 (20-12-1980), 1984 (35 of 984), section 2 (a) (12-11-1984). 3. Substituted by the Public Premises (Eviction of Unauthorised Occupants) Act, 1980 (61 of 1980), section 6 (20-12-1980), 1984 (35 of 984), section 2 (a) (12-11-1984), section 2(b) (12-11-1984).
View Complete Act List Judgments citing this section.....commenced, or is being carried on, or has been completed, within such period, as may be specified in the order,2[* ******* *.] Provided that no order under this sub-section shall be made unless the person concerned has been given, by means of a notice3[of not less than seven days] served in the prescribed manner, a reasonable opportunity of showing cause why such order should not be made. (2) Where the erection or work has not been completed, the estate officer may, by the same order or by a separate order, whether made at the time of the issue of the notice under the proviso to subsection (1) or at any other time direct the person at whose instance the erection or work has been commenced, or is being carried on, to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under section 9. (3) The estate officer shall cause every order made under sub-section (1), or, as the case may be, under sub-section (2), to be affixed on the outer door, or some other conspicuous part, of the public premises. (4) Where no appeal has been preferred against the order of demolition made by the.....
View Complete Act List Judgments citing this section1[5c. Power to seal unauthorised consstructions (1) It shall be lawful for the estate officer, at any time, before or after making an order of demolition under section 5B, to make an order directing the sealing of such erection or work or of the public premises in which such erection or work has been completed in such manner as may be prescribed, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erection or work. (2) Where any erection or work or any premises in which any erection or work is being carried on has, or have been sealed, the estate officer may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed. (3) No person shall remove such seal except-- (a) under an order made by the estate officer under sub-section (2); or (b) under an order of the appellate officer made in an appeal under this Act.] _________________________ 1. Inserted by Public Premises (Eviction of unauthorised Occupants) Amendment Act, 1984 (35 of 1984), section 4 (12-11-1984).
View Complete Act List Judgments citing this section.....assess the damages on account of the use and occupation of suchpremises and may, by order, require that person to pay the damages within suchtime and in such instalments as may be specified in the order. 1 [(2A) While making an order undersub-section (1) or sub-section (2), the estate officer may direct that thearrears of rent or, as the case may be, damages shall be payable together withsimple interest at such rate as may be prescribed, not being a rate exceedingthe current rate of interest within the meaning of the interest Act, 1978.] (3) No order under sub-section (1) orsub-section (2) shall be made against any person until after the issue of anotice in writing to the person calling upon him to show cause within such timeas may be specified in the notice, why such order should not be made, and untilhis objections, if any, and any evidence he may produce in support of the same,have been considered by the estate officer. _________________________ 1. Insertedby the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980(61 of 1980), section 8 (20-12-1980).
View Complete Act List Judgments citing this sectionAn estate officer shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely :-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) any other matter which may be prescribed.
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