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Public 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

The Madurai City Municipal Corporation Act, 1971(Tamil Nadu Act Xv of 1971) Complete Act

State: Tamil Nadu

Year: 1971

THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971 (TAMIL NADU ACT XV of 1971) THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971 (TAMIL NADU ACT XV of 1971) An Act to provide for the establishment of Municipal Corporation for the City of Madurai in the State of Tamil Nadu. Be it enacted by the Legislature of the state of Tamil Nadu in the Twenty Second Year of the Republic of India as follows: CHAPTER " I PRELIMINARY 1. SHORT, TITLE, EXTENT AND COMMENCEMENT : (1) This Act may be called The Madurai City Municipal Corporation Act, 1971. NOTES The said Act and the Madras District Municipalities Act, 1920 have very many identical provisions. See 95 L.W. 324. (2) It extends to the City of Madurai (3) It shall be deemed to have come into force on the first day of May, 1971. 2. DEFINITIONS: - In this Act, unless the context otherwise requires:- (1) "Appoint" includes to appoint temporarily or in an officiating capacity; (2) "Appointment" includes temporary and officiating appointments; (3) "Budget Grant" means any sum entered on the expenditure side of the Budget estimate which has been adopted by the council; (4) "Building" includes " (a) a house, out-house, stable, latrine,.....

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Complete Act

State: Central

Year: 1971

.....building or execution of work is in contravention of, or not authorised by, such authority, then, the estate officer may. in addition to any other action that-may be taken under this Act or in accordance with the terms of the authority aforesaid, make an order, for reasons to be recorded therein, directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced, or is being carried on, or has been completed, within such period, as may be specified in the order,22[* * *] : Provided that no order under this sub-section shall be made unless the person concerned has been given by means of a notice23[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 sub-section (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.....

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 6

Title: Disposal of Property Left on Public Premises by Unauthorised Occupants

State: Central

Year: 1971

.....is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil Court of competent jurisdiction and the decision of the court thereon shall be final. 1[(2A) The expression "costs", referred to in sub-section (2), shall include the cost of removal recoverable under section 5A and the cost of demolition recoverable under section 5B.] _________________________ 1. Inserted by the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980 (61 of 1980), section 7 (20-12-1980). 2. Substituted for the words "corporate body" by the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980 (61 of 1980), section 7 (20-12-1980), section 2.

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 7

Title: Power to Require Payment of Rent or Damages in Respect of Public Premises

State: Central

Year: 1971

.....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).

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Preamble 1

Title: Public Premises (Eviction of Unauthorised Occupants) Act, 1971

State: Central

Year: 1971

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 :--

The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Complete Act

State: Rajasthan

Year: 1971

THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 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:" 1.Short title, extent and commencement. (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. 2. Definitions. In this Act, unless the context otherwise requires," (Cl. (a) omitted by Act 61 of 1980, s. 2.2. Subs. by s.) (b) "estate officer" means an officer appointed as such by the Central Government under section 3; (c) "premises" means any land or any building or part of a building and includes," (i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building, and (ii) any fittings affixed to such building or part of a building for the more.....

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 2

Title: Definitions

State: Central

Year: 1971

.....under section 79 of the Punjab Reorganisation Act, 1966, and thatBoard as and when re-named as the Bhakra-Beas Management Board under sub-section(6) of section 80 of that Act 3 [* * *]. 3 [(vii) any State Government or theGovernment of any Union territory situated in the National Capital Territoryof Delhi or in any other Union territory. (viii) any Cantonment Board constitutedunder the Cantonments Act, 1924; and] (3) in relation to the4 [NationalCapital Territory of Delhi],-- (i) any premises belonging to theMunicipal Corporation of Delhi, or any Municipal Committee or notified areacommittee, 5 [*]. (ii) any premises belonging to the DelhiDevelopment Authority, whether such premises are in the possession of, or leasedout by, the said Authority;] 5 [and], 5 [(iii) any premises belonging to, ortaken on lease or requisitioned by, or an behalf of any State Government or anyUnion Territory.] (f) "rent", in relation to anypublic premises, means the consideration payable periodically for the authorisedoccupation of the premises, and includes-- (i) any charge for electricity, water orany other services in connection with the occupation of the premises, (ii).....

The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Complete Act

State: Assam

Year: 1971

.....or the appellate officer or the estate officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder. 17. Delegation of powers.- The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by a State Government or an officer of the State Government. 18. Power to make rules.- (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: " (a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served; (b) the holding of inquiries under this Act; (c) the distribution and allocation of work to estate officers and the transfer of any proceeding pending before an estate officer to another estate officer; (d) the procedure to be followed in.....

Public 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.....