Bare Act Search Results

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 20

Title: Validation

State: Central

Year: 1971

Notwithstanding any judgment, decree or order of any Court, anything done or any action taken (including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 (hereafter in this section referred to as the 1958 Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act which, under sub-section (3) of section 1 shall be deemed to have come into force on the 16th day of September, 1958, and accordingly-- (a) no suit or other legal proceeding shall be maintained or continued in any Court for the refund of any rent or damages or costs recovered under the 1958 -- Act where such refund has been claimed merely on the ground that the said Act has been declared to be unconstitutional and void; and (b) no Court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under the 1958 Act merely on the ground that the said Act has been declared to be.....

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

State: Central

Year: 1971

.....in respect of which, the estate officers shall exercise the powers conferred, and perform the duties Imposed, on estate officers by or under this Act SECTION 03A: EVICTION FROM TEMPORARY OCCUPATION Notwithstanding anything contained In Sec. 4 "or Sec. 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 reason 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.] SECTION 04: ISSUE OF NOTICE TO SHOW CAUSE AGAINST ORDER OF EVICTION (1) If the estate officer is of opinion that any persons are in unauthorised occupation of any public premises and that they should by evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of.....

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

State: Assam

Year: 1971

.....is hereby repealed. 20. Validation. -Notwithstanding any judgement, decree or order of any court, anything done or any action taken (including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 (32 of 1958) (hereinafter in this section referred to as the 1958-Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act which, under sub-section (3) of section 1 shall be deemed to have come into force on the 16th day of September, 1958, and accordingly- ---- (a) no suit or other legal proceeding shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under the 1958-Act where such refund has been claimed merely on the ground that the said Act has been declared to be unconstitutional and void; and (b) no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under the 1958-Act merely on the.....

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

State: Assam

Year: 1971

.....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 taking.....

The Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 Complete Act

State: Haryana

Year: 1972

.....which he is authorised to occupy such public premises. Explanation. "For the purposes of clause (a), a person shall not merely by reason of the fact that he has paid any rent be-deemed to have entered into possession as allottee, lessee or grantee. 4. Issue of notice to show cause against order of eviction. (1) If the Collector is of opinion that any persons are in unauthorised occupation of any public premise? situate within his jurisdiction and that they should be evicted, the Collector shall issue, in the manner hereinafter provided, a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. (2) The notice shall" (a) specify the grounds on which the order of eviction is proposed to be made; and (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises, to show cause, if any, against the proposed order on or' before such date as is specified in the' notice, being a date not earlier than ten days from the date of issue thereof. (3) The Collector shall cause the notice to be affixed on the outer door or some other conspicuous.....

The Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972 Complete Act

State: Orissa

Year: 1972

.....under sub-section (2) of section 5 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. 16. Delegation of powers. The State Government may, by notification, direct that any power exercisable by them under this Act shall, subject to such-conditions, if any, as may be specified in the notification, be exercisable also by an Officer of the Government. 17. Power to make rules. (1) The State Government may, by notification 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 autho rised 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 procedure to be followed in taking possession of public premises; (d) the manner in which damages for unautho rised occupation may be assessed and the principles which may be taken into account in assessing such damages; (e) the manner in which appeals may be preferred and the.....

The Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (Punjab Act 31 of 1973) Complete Act

State: Punjab

Year: 1973

.....which he is authorized to occupy such public premises. Explanation :- For the purpose of clause (a), a person shall not merely by reason of the fact that he has paid any rent be deemed to have entered into possession as allottee, lessee or grantee. COMMENTARY The Word ˜thereof' in clause (a) of this section shows that in order that a person may be deemed to be in unauthorized occupation he must have centered into possession of public premises before the property was sold to Govt., he could not be said to have entered into the possession of public premises, because the property then belonged to the original owners (in this case the former Maharaja of erstwhile Patiala State). The title under which the property was possessed is not very relevant for this purpose. In this case the appellants were not even allottees, lessees or grantees so that clause (b) also did not apply, nor did (c) and therefore they were not in unauthorized possession. Raj Kumar Divender Singh V Punjab State. A.I.R. 1973 SC 66; 1972 PLJ 592 Rent CR 780 : (1973) 3 SCC 401. By reference to clause (b) of this section it is clear that when the lease, grant or allotment is determined and thereafter.....

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

State: Rajasthan

Year: 1971

.....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.] 6. Disposal of property left on public premises by unauthorised occupants. (1) Where any persons have been evicted from any public premises under section 5 (Ins. by Act 61 of 1980, s. 7.79.(2)) [or where any building or other work has been demolished under section 5B], the estate officer may, after giving fourteen days notice to the persons from whom possession of the public premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises. (Ins. by Act 61 of 1980, s. 7.79.(2)) [(1A) Where any goods, materials, cattle or other animal have been removed from any public premises under section 5A, the estate officer may, after giving fourteen.....

The Tamil Nadu Tax on Professions, Trades, Callings and Employments Act, 1992 Complete Act

State: Tamil Nadu

Year: 1992

.....for the amount due under this Act, whichever is less. (5) Where any person to whom a notice under sub-section (1) is sent proves to the satisfaction of the executive authority that the sum demanded or any part thereof is not due to the assessee or that he does not hold any. money for or on account of the assessee, then nothing contained in this section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, to the executive authority. (6) Any amount of money which a person is required to pay to the executive authority or for which he is personally liable to the executive authority under this section shall, if it remains unpaid, be recoverable as an arrear of land revenue. Notes Section-20 deals with special mode, of recovery after issuing notice to the assessee. 21. (Substituted by Tamil Nadu Act 9 of 1994) [ Production and inspection of accounts and documents and search of premises ] (a) The Commissioner of a Municipal Corporation ; or (b) any executive authority other than a Commissioner of a Municipal Corporation, with the prior approval of, - (i) in the case of Municipalities and townships, constituted under.....

Karnataka Public Moneys (Recovery of Dues) Act, 1979 Section 6

Title: Repeal and Validation, Etc.

State: Karnataka

Year: 1979

(1) The Karnataka Public Moneys (Recovery of Dues) Act, 1976 (Karnataka Act No. 79 of 1976) is hereby repealed. (2) Notwithstanding any judgement, decree or order of any court, anything done or any action taken (including rules or orders made, notices or certificates issued and proceedings initiated to recover any amount) or purported to have been done or taken under the Karnataka Public Moneys (Recovery of Dues) Act, 1976 (hereinafter referred to as the 1976 Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act, which under sub-section (3) of section 1 shall be deemed to have come into force on the 15th day of June, 1976, and accordingly no suit or other legal proceedings shall be maintained or continued in any court questioning the validity of anything done or any action taken or purported to have been done or taken under the 1976 Act on the ground that the said Act is unconstitutional or void as it has not been reserved for the assent of the President and assented to by the President.