Public Premises (Eviction of Unauthorised Occupants) Act : Eviction of unauthorised occupants. Indian

Public Premises (Eviction of Unauthorised Occupants) Act,1971

Act No : 40

Section : Eviction of unauthorised occupants.

5. Eviction of unauthorised occupants. (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 4 and 3*[any evidence produced by him in support of the same and after personal hearing, if any, given under clause (b) of sub- section (2) of section 4], the estate officer is satisfied that the public premises are in unauthorised occupation, the estate officer 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 be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises. (2) If any person refuses or fails to comply with the order of eviction 2*[on or before the date specified in the said order or within fifteen days of the date of its publication under sub-section (1), whichever is later,] the estate officer or any other officer duly authorised by the estate officer in this behalf 2*[may, after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person] from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary. ---------------------------------------------------------------------- 1. Subs. by Act 61 of 1980, s. 4, for cl. (b). 2. Omitted by Act 7 of 1994, s. 5 (w.e.f. 1-6-1994). 3. Subs. by Act 61 of 1980 s. 5, for certain words. 77