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Home Bare Acts Phrase: constructive evictionPublic Premises (Eviction of Unauthorised Occupants) Act, 1971 Complete Act
Title: Public Premises (Eviction of Unauthorised Occupants) Act, 1971
State: Central
Year: 1971
.....of property left on public premises by unauthorised occupants Section7 - Power to require payment of rent or damages in respect of public premises Section8 - Power of estate officers Section9 - Appeals Section10 - Finality of orders Section11 - Offences and penalty Section11A - Offences under section 11 to be cognizable Section12 - Power to obtain information Section13 - Liability of heirs and legal representatives Section14 - Recovery of rent, etc. as an arrear of land revenue Section15 - Bar of jurisdiction Section16 - Protection of action taken in good faith Section17 - Delegation of powers Section18 - Power to make rules Section19 - Repeal Section20 - Validation
List Judgments citing this sectionPublic Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 5A
Title: Power to Remove Unauthorised Constructions, Etc.
State: Central
Year: 1971
.....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 sectionPublic Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 5B
Title: Order of Demolition of Unauthorised Construction
State: Central
Year: 1971
.....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 sectionKarnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 Section 8
Title: Unauthorised Constructions Not Regularised to Be Demolished
State: Karnataka
Year: 1991
Section 8 - Unauthorised constructions not regularised to be demolished All unauthorised constructions which are not regularised under this Act shall be liable for demolition and 1 [the supply of water or electricity shall be liable to be disconnected without notice and] the persons who have made such constructions shall be liable to be evicted summarily in accordance with the relevant law. _______________________________ 1. Substituted by Act 9 of 1994 w.e.f. 1.8.1992
View Complete Act List Judgments citing this sectionPublic Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 5C
Title: Power to Seal Unauthorised Constructions
State: Central
Year: 1971
1[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 sectionPublic Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 3A
Title: Eviction from Temporary Occupation
State: Central
Year: 1971
1[(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 sectionPublic Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 5
Title: Eviction of Unauthorised Occupants
State: Central
Year: 1971
.....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 sectionPublic Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 4
Title: Issue of Notice to Show Cause Against Order of Eviction
State: Central
Year: 1971
.....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 sectionBombay Government Premises (Eviction) Act, 1955, (Maharashtra) Preamble 1
Title: the Bombay Government Premises (Eviction) Act, 1955
State: Maharashtra
Year: 1955
.....16 of 1997, s. 8. @@ Maharashtra Ordinance No. XX of 1997 was repealed by Mah. 14 of 1998, s. 7. This indicates the date of commencement of Act. Section 3 of Mah. 46 of 1976 reads as follows:- "3. Non-application of Rent control Acts to premises of Corporation-- The Bombay Rents, Hotel and Lodging House Rates Control Act (I of 1956), 1947 or any other law corresponding thereto for the time being in force, in any part of the State-(a) shall not apply to any premises belonging to, or vesting in, any company as defined in section 3 of the Companies Act, 1956, in which not less than fifty-one percent, of the paid-up share capital is held by the State Government, or any Corporation (not being any such company or a local authority) established by or under any Central or State Act and owned, or controlled fully or partly by the State Government (hereinafter collectively referred to as "the said Corporation"); (b) shall not apply as against the said Corporation to any tenancy, licence or other like relationship created by the said Corporation in respect of any such premises; (c) but shall apply in respect of any premises let, or given on licence, to the said.....
View Complete Act List Judgments citing this sectionBombay Government Premises (Eviction) Act, 1955, (Maharashtra) Section 4
Title: Power to Evict
State: Maharashtra
Year: 1955
.....allow, pays to the said competent authority the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the said competent authority, as the case may be, the said competent authority shall in lieu of evicting such person under sub-section (3), cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him. Explanation:-For the purposes of this section and section 5, the expression "unauthorised occupation" in relation to any person authorised to occupy any Government premises, includes the continuance in occuaption by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined. _______________________ 1. Paragraph (ii) was substituted for the original by Mah. 12 of 1969, s. 3(a). 2. Sub-clause (iia) was inserted by Bom. 62 of 1959, s. 5(a). 3. The words "notwithstanding anything contained in any law for the time being in force" were deleted by Mah. 12 of 1969, s. 3 (b). 4. Sub-section (2) was.....
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