THE PUBLIC PREMISES
(EVICTION OFUNAUTHORISED OCCUPANTS) RULES, 1971
1. Short title.
2. Definitions.
4. Manner of service of notices
and orders.
6. Transfer of pending proceedings.
7. Manner cf taking possession of
public premises.
10. Repeal
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THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) RULES,1971
G.S.R. 1883, dated 25th November, 19711-In exercise of the powers
conferred by Sec. 18 of the Public Premises (Eviction of Unauthorised
Occupants) Act, 1971 (40 of 1971 ), the Central Government hereby makes the
following rules, namely :
1 . Published in the Gazette of India,
Extrtordinary, Part 11, Sec. 3(i), dated 13th December, 1977.
1. Short
title.-These rules may be called
the Public Premises (Eviction of Unauthorised Occupants) Rules, 1971.
2. Definitions.-In these rules under the context otherwise
requires,-
(a) ActmeansthePublicPremises(Eviction of Unauthorised Occupants)Act, 1971 (40 of 1971);
(b) Form
means a form appended to these rules;
(c) All other
words and expressions used hereinafter but not defined herein shall have the
same meaning as respectively assigned to them in the Act.
3. Form
of notice so rorders.-Anotice ororder
under the Act shall be in one of the appropriate forms appended to these rules.
4. Manner of
service of notices and orders.-
(1) In
addition to any mode of service specified in the Act, 1[a notice issued
under sub-section (1) of Sec. 4 or sub-section(2) of Sec. 5A or sub-section (1)
of Sec. 5B or sub-section (1) or sub-section (1A) of Sec. 6 2[or
an order issued under Sec. 3A or sub-section (1) or sub-section (3) of Sec. 5A]
of sub-section (1) or sub-section (2) or sub-section (5) of Sec. 5B or
sub-section (1) or sub-section (2) of Sec. 5C or sub-section (1) or sub-section
(2) of Sec. 7 of the said Act shall be served by delivering tendering a copy of
the notice or order, as the case may be] to the person for whom it is intended
or to any adult member of his family, or by sending it by registered post
acknowledgment due in a letter addressed to that person at his usual or
last-known place of residence or business.
(2) Where
the copy of 3[as
the case may be] under sub-rule (1) is delivered or tendered, the signature of
the person to whom the copy is so delivered or tendered should be obtained in
token of acknowledgment of the service.
(3) In respect of 4[a
notice issued under sub-section (1) of Sec.4or sub-section (2)of Sec. 5A or
sub-section (1) or sub-section (1A) or Sec.6 5[oranorderissuedunderSec.3Aof
sub-section (1) or sub-section (3) of Sec. 5A] or sub-section (1) or
sub-section (2) or sub-section (5) or Sec. 5B or sub-section (1) or sub-section
(2) of Sec. 5C or sub-section (1) or sub-section (2) of Sec. 7 of the said
Act.] where the person or the adult member of the family of such person refuses
to sign the acknowledgment, or where such person cannot be found after using
all due and reasonable diligence, and there is no adult member of the family of
such person, a copy of 6[the notice or the order, as the
case may be] shall be affixed on the outer door or some other conspicuous part
of the ordinary residence or usual place of business of such person and the
original shall be returned to the estate officer who issued 7[the
notice or the order, as the case may be], with a report endorsed thereon or
annexed thereto stating that a copy has been so affixed, the circumstances
under which it was done so and the name 8[and] address of
the person, if any, by whom the ordinary residence or usual place of business
was identified and in whose presence the copy was affixed.
9[(4) If a notice under sub-section (1) of Sec. 4 or sub-section (2) of Sec. 5A or sub-section (1) or sub-section (]A) of Sec. 6 or an order issued under sub-section (1) of Sec. 5 or sub-section (1) or sub-section (2) or sub-section (5) or Sec. 5B or sub-section (1) or sub-section (2) of Sec. 5E or sub-section (1) or sub-section (2) of Sec. 7 of the said Act cannot be served in the manner provided in sub-rule (1), the estate officer may, if he thinks fit, direct that such notice or order, as the case may be, shall also be published in at least one newspaper having circulation in the locality and he may also proclaim the contents of any notice or order in the locality by beat of drum];
1 . Subs. by G.S.R. 1114 (E), dated 23rd
September, 1986 (w.e.f. 29th September, 1986).
2. Subs. by G.S.R. 3(E), dated 3rd
December, 1997 (w.e.f. 2nd January, 1998).
3. Subs. by
G.S.R. 11 14 (E), dated 23rd September, 1986 (w.e.f. 29th September, 1986).
4. Ibid.
5. Subs. by
G.S.R. 3(E), dated 3rd December, 1997 (w.e.f. 2nd January, 1998).
6. Subs. by
G.S.R. 1114 (E), dated 23rd September, 1986 (w.e.f. 29th September, 1986).
7. Subs. by G.S.R. 1114 (E), dated 23rd
September, 1986 (w.e.f. 29th September, 1986).
8. Ins. by G.S.R. 741, dated 4th July,
1981.
9. Sub-rule (4), subs. by G.S.R. 1114 (E),
dated 23rd September, 1986 (w.e.f 29th September, 1986).
(1)
Where any person on whom a notice or order under this Act has been served desires
to be heard through his representative he should authorised such representative
in writing.
(2) The estate officer shall record the summary of the evidence tendered before him. The summary of such evidence and any relevant documents filed before him shall form part of the records of the proceedings.
6. Transfer of
pending proceedings.-
(1) On
the application of any person to whom a notice under theact has been served and
after hearing him, if he desires to be heard, or of its or his own motion, the
Central Government or any Gazetted officer especially authorised by the Central
Government in this behalf by notification in the Official Gazette may at an
stage transfer any proceeding pending before an estate officer for disposal of
the same.
(2) Where
any proceeding has been transferred under sub-rule (1), the estate officer who
thereafter is in charge of such proceeding may, subject to any special
directions in the order of transfer, either re-start it or proceed from the
point at which it was transferred.
7. Manner of
taking possession of public premises.-
1[(1) If any obstruction is offered, or is in
the opinion of the estate officer likely to be offered
(a) To
the taking possession of any public premises;
(b) To the
sealing of erection or work or of the public premises;
under
the said Act, the estate officer or any other officer duly authorised by him in
this behalf may obtain necessary police assistance :
Provided
that no sealing or taking possession of the unauthorised construction shall be
made before the sunrise or after sunset.]
(2) Where any public premises of which possession is to be taken under by the Act is found locked, the estate officer or any other officer duly authorised by him in this behalf may either seal the premises or in the presence of two witnesses break open the locks or open or cause to be opened any door, gate or other barrier and enter the premises
Provided that,-
(1) No
entry shall be made into, or possession taken of, a public premises before
sunrise or after sunset;
.
(2) Where any public premises is forced open, an inventory of the articles found in the premises shall be taken in the presence of two witnesses.
2[(3) The sealing under sub-section (1) of Sec. 5C
of the Act shall be made in the following manners, namely:-
(i) Affixine,
the office seal on outer door or any erection or work of any public premises
after all other outlets and inlets to there erection or work or public premises
have been properly bolted, locked or encircled with rope, wire or wire-mesh;
(ii) Where
doors and windows have not been fixed to any erection or work.or public
premises or where the erection of work on public premises is of such a nature
that it cannot be encircled with rope, wire or wire-mesh in that case such
erection of work or public premises shall be covered by wooden plants, iron or
cement sheets and office seal affixed in a manner that no person can enter into
or upon the erection or work or public premises without tampering the office seal
:
(iii) Were
any erection or work or any public premises is found locked, the lock may be
broken or and door, cate or any other barrier caused to be opened in the
presence of two witnesses and an inventory of the articles found in the premises
shall be prepared in the presence of the two witnesses before affixing the seal
in the manner aforesaid.]
1. Subs. by ibid.
2. Added by G.S.R. 11 14(E), dated 23rd
September, 1986 (w.e.f. 29th September, 1986).
8. Assessment
of damages.-In assessing
damages of unauthorised use and occupation of any public premises the estate
officer shall take into consideration the following matters, namely :
(a) The
purpose and the period for which the public premises were in unauthorised
occupation-,
(b) The
nature, size and standard of the accommodation available in such premises;
(c) The
rent that would have been realised if the premises had been let on rent for the
period of unauthorised occupation to a private person;
(d) Any
damage done to the premises during the period of unauthorised occupation;
(e) Any
other matter relevant for the purpose of assessing the damages.
(1)
An appeal preferred under Sec. 9 of
the Act shall be in writing, shall set forth concisely the grounds of objection
to the order appealed against, and shall be accompanied by a copy of such
order.
(2) On receipt of the appeal and after calling for and pursuing the record of the proceedings before the estate officer the appellate officer shall appont a time and place for the hearing of the appeal and shall give notice thereof to the estate officer against whose orders the appeal is preferred to the appellant and to the head of the department or authority in administrative control of the premises.
10. Repeal.-The Public Premises (Eviction of Unauthorised
Occupants) Rules, 1958 is hereby repealed.
1[FORM A
Form of notice under sub-section (1) and
CI. (b) (ii) of sub-section (2) of Sec. 4 of the Public Premises (Eviction of
Unauthorised Occupants) Act, 1971
To
Shri/Shrimati/Kumari
.
.
Where
as 1, the undersigned, am of opinion, on the ground specified below that you
are
unauthorised occupation of the Public Premises mentioned in the Schedule below
and that you should be evicted from the said premises
Grounds
Now,
therefore, in pursuance of sub-section (1) of Sec. 4 of the Act, I hereby call
upon you to show cause on or before
the*
why such an order of eviction should not be made.
And
in pursuance of Cf. (b) (ii) of sub-section (2) of Sec. 4, I also call upon you
to appear before me in person or through a duly authorised representative
capable to answer all material questions connected with the matter along with
the evidence which you intendto produce in support of the cause shown , on
.at
for personal hearing . In case, you fail to appeaar on the date
and time, the case will be decided ex parte.
Schedule
Date Signature
and seal of the
Estate Officer
(*
This date should be a date not earlier than seven days from the date of issue
of the notice)]
1. Subs.
by G.S.R. 741, dated 4th July, 1981
Form of notice under sub-section (2) of
Sec. 5-A of the Public Premises
(Eviction of Unauthorised Occupants) Act,
1971
To
Shri/Shrimati/Kumari
Whereas
1, the undersigned, am of the opinion on the grounds specified below, that the
building/structure/fixture erected, goods, displayed/spread, cattle/animal
brought on the public premises mentioned in the Schedule below is/are in
contravention of the provisions of sub-section (1) of Sec.5-A and that the said
building/structure/fixture erected, goods displayed,/spread, cattle/animal
brought on the said public premises should be removed from the said premises
Grounds
Now,
therefore, in pursuance of sub-section (2) of Sec. 5-A of the Act, I hereby
call upon you to remove the said building/structure/fixture erected, goods
displayed spread, cattle/animal brought on the public premises mentioned in the
Schedule below on or before the *
or to show cause why this should not be removed on or before the above
mentioned date. In the event of your
refusal or failure to comply with this notice within the periods specified
above, the said goods/animal/cattle, work etc., shall be removed by the Estate
officer or the Officer authorised by him and the cost of such removal shall be
recovered from you as arrears of land revenue.
Schedule
Date
Signature and seal of the Estate Officer
(
* This date should be a date not earlier than seven days from the date of
issue).]
1. Added
by G.S.R. 741, dated 4th July, 1981.
1[FORM AA-I
Order under sub-section (2) of Sec. 5-A of
the Public Premises (Eviction of Unauthorised Occupants) Act, 1971
To
Shri/Shrimati/Kumari
.
Whereas
1, the undersigned is of the opinion on the ground specified below that you
have erected/placed/raised the building/immovable structure fixture on the
public premises mentioned in the Schedule below in contravention of the
provisions of sub-section (1)of the said Act;
2. And whereas, by a written notice dated
..you were called upto to remove or to show cause by
.why you should
not remove such building/ immovable structure/fixture from the said public
premises :
And
whereas you have omitted/refused to show cause/remove such building/ immovable
structure/fixture from the said public premises.
Grounds
.
Now,
therefore, in exercise of the powers conferred by sub-section (2) of Sec. 5A of
the said Act, I hereby order that the said building/inimovable
structure/fixture be removed from the said public premises. I also hereby order Shri/Sint./Km to pay a sum of Rs
.(Rupees
.
)assessted by me as cost of removal of the said building/immovable
structure/fixture from the said public premises as an affear of land revenue.
Schedule
Date
. Signature and seal of
theEstate Officer
1. Ins. by G.S.R. 1114(E), dated 23rd Septmeber,
1986 (w.e.f. 29th September, 1986).
Order under sub-section (3) of Sec.5A of
the Public Premises (Eviction of Unauthorised Occupants) Act, 1971
To
Shri/Shrimati/Kumari
..
Whereas
1, the undersigned on the -rounds specified below is of the opinion that the
moveable structure/fixture erected/placed/raised, goods displayed/spread,
cattle/animal, brought/kept on the public premises mentioned in the Schedule
below by Shri/Smt./Km. ................................. is/are in
contravention of thc provisions sub-section (1) of Sec. 5A of the said Act and
that the said moveable structui,e/fixtui-e erected/placed/raised, goods
displayed/ spread, cattle/animal brought on the said public premises be removed
from the said premises;
Grounds
Now,
therefore, in exercise of the powers conferred by sub-section (3) of Sec. 5A of
the said Act, I hereby order that the said movable structure/fixture
erected/placed, raised, goods displayed/spread, cattle/animal brought/kept on
the said public premises be removed from the said public premises.be removed from the said public premises. I
also hereby order Shri/Smt./Km
to pay a sum of
Rs
(Rupees)
.assessed
by me as cost of removal of movable structure/fixture erected placed/raised,
goods displayed/spread/animal brought/kept on the said public premises as an
arrear of land revenue.
Schedule
Date
.
Signature and seal of the
Estate
Officer
Form of notice under proviso to
sub-section (1) of
Sec. 5B of the Public Premises (Eviction
of Unauthorised Occupants) Act, 1971
To
Shri/Shrimati/Kumari
.
Whereas
I, the undersigned is of the opinion on the grounds specified below, that you
have erected/completed/commenced the work on the public premises specified
below in the Schedule in contravention of, or not authorised by the competent
authority and that the said work be demolished in the said premises.
Grounds
..
.
Now,
therefore, in pursuance of proviso to sub-section (1) of Sec. 5B of the said
Act, I hereby call upon you to show cause on or before the*
why an order
for demolition of such erection or work may not be made.
Schedule
Date
Signature and seal of the
Estate Officer
(*This
date shout! be a date not earlier than seven days from the date of publication
of
the notice).]
1. Subs.G.S.R.741
, dated 4th July, 1981.
-----------
1[FORM B
Order under sub-section (1) of Sec. 5 of
the Public Premises
(Eviction of Unauthorised Occupants) Act,
1971
Whereas
I, the undersigned, am satisfied for the reasons recorded below that Shri/
Smt./Km
is/are
in unauthorised occupation of the Public Premises specified in the Schedule
below :
Reasons
Now,
therefore, in exercise of the powers conferred on me under sub-section (1)
of Sec. 5 of the Public Premises
(Eviction of Unauthorised Occupants) Act, 1971, I hereby order the said
Shri/Smt./Km
..and all persons who may be in occupation of the said Premises
or any part thereof to vacate the said premises within 15 days of the date of
publication of this order. In the event
of refusal or failure to comply with this order within the period specified
above the said Shri/Smt./Km
.and all other persons concerned are liable
to be evicted from the said premises, if need be, by the use of such force as
may be necessary.
Schedule
Date
.. Signature and seal of
the
Estate Officer]
1. Subs.G.S.R.741 , dated 4th July, 1981
----------
1[FORM BB
Notice/Order under sub-section (1) of Sec.
5B of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971
To
Shri/Shrimati/Kumari
..
Whereas
1, the undersigned, is satisfied for the reason recorded below that the work
erected/completed
commenced by Shri/Smt./Km
on the public premises specified in the Schedule
is in contravention of the provisions of the said Act, or not authorised by the
competent authority;
And
whereas, by a written notice dated
.you were called upon to remove or to
show cause by
.why you should not remove such building/immovable
structure/fixture from the said public premises;
And
whereas you have omitted/refused to show cause to remove such building/
immovable structure/fixture from the said public premises;
And
whereas I have considered the cause shown by you for not removing the said
building/immovable structure/fixture from the said public mises.
Reasons
Now,
therefore. in exercise of the powers conferred by sub-section (1) ol'Sec. 5B of
the said Act, I hereby order Shri/Smt./Km
..that the said work shall be
demolished. In the event ol' your refusal or failure to comply with this order,
the said work shall be demolished by the Estate Officer or the officer
authorised by him and the expenses of such demolition shall be recovered from
you.
Schedule
Date
..
Signature and seal of the
Estate
Offic
1. Ins by G.S.R. 1114 (E), dated 23er
September, 1986 (w.e.f. 29th September, 1986).
Order under sub-section (2) of Sec. 5B of
the Public Premises (Eviction of Unauthorised Occupants) Act, 1971
To
Shri/Shriinati/Kumari
Where
as 1, the undersigned, is of the opinion that the work erected/commenced by
Shri/Smt./Km
..on
the public premises specified in the Schedule is in contravention of Act or not
authorised by the competent authority.
Reasons
.
..
Now,
therefore, in exercise of the powers conferred by sub-section (2) of Sec. 5B of
the said Act, I hereby order Shri/Smt./Km
.to stop the erection of work
until the expiry of the period within which an appeal against the order of
demolition, if made may be preferred under Sec. 9.
Schedule
Date
Signature
and seat of the
Estate Officer
Order
under sub-section (5) of Sec. 5B of the Public Premises (Eviction of
Unauthorised Occupants) Act, 1971
Whereas
in pursuance of the order under sub-section (1) of Sec. 5B of the Public
Premises
(Eviction of unauthorised Occupants) Act,1971 ,the work
erected/completed/commenced by Shri/Smt./Km
on the public premises
specified in the Schedule was demolished and the expenditure of such demolition
are recoverable from the said Shri/Smt./Km
..
Now,
therefore in exercise of the powers conferred by subsection (5) of Sec. 5B of
the said Act, I hereby order Shri/Snit./Km
..to pay a sum of
Rs
..(Rupees
.) as expenses of such demolition within
(date to be specified in order) in
No. of instaiments.
Schedule
Date
. Signature and seal of the
Estate Officer
Order under sub-section (1) of Sec. 5C of
the Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Whereas,
I the undersigned, is satisfied that the work erected/completed/commenced
by
Shri/Smt./Km
on the public prei-nises specified in the Schedule below is in
contravention of the provisions of the said Act, or not authorised by the
competent authority.
Now,
therefore in exercise of the powers conferred by sub-section (1) of Sec. 5C of
the said Act, I hereby order that the said work shall be sealed forthwith.
Schedule
Date
.
Signature and seal of the
Estate Officer
Order under sub-section
(2) of Sec. 5C of the Public Premises (Eviction of Unauthorised Occupants) Act,
1971
Whereas
the work/erected/completed/commenced by Shri/Smt./Km
..
in
contravention of the provisions of the said Act, or not authorised by the
competent authority on the public premises specified in the Schedule below was
sealed on
..in pursuance of order under sub-section (1) of Sec. 5C of the
said Act.
And
whereas it is necessary for such seal to be removed for the purpose of
demolition of such work erected/completed/commenced by Shri/Smt./Km
in contravention of or not authorised by
the competent authority for the purpose of demolition of such work
erected/completed/commenced by Shri/Smt./Km
.
Now,
therefore in exercise of the powers conferred by sub-section (2) of Sec. 5C of
the said Act, I hereby order that the said seal from the said public premises
be removed forthwith for demolition of such work erected/completed/commenced on
the said public premises.
Schedule
Date
Signature and seal of the
Estate
Officer
Form of notice under sub-section (1) of
Sec. 6 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971
To
Shri/Shrimati/Kumari
..
..
Whereas
on the you were evicted from the public premises described in the Schedule
below which was unauthorisedly occupied by you :
Now,
therefore, in exercise of the powers conferred on me by sub-section (1) of Sec.
6 of the Act, I hereby give you notice that after fourteen days of the service
of this notice on you, any property remaining on the said premises will be
liable to be removed or disposed of by public auction. In case you desire to take possession of
your property and to remove the same from the said premises, you will be
permitted to do so on written authority from the undersigned provided any
arrears of rent/damages/costs due from you are paid within the said period of
fourteen days.
Schedule
Date
.
Signature and seal of the
Estate Officer
1[FORM CC
Form of notice under sub-section (1 -A) of
Sec. 6 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971
To
Shri/Shrimati/Kumari
..
..
Whereas
in compliance of the order made under sub-section (2) of Sec. 5-A, the Estate
Officer has removed the goods described in the Schedule below from the Public
Premises No
.
Now,
therefore, in exercise of the powers conferred on me by sub-section (1-A) of
Sec. 6 of the Act, I hereby give you notice that after fourteen days of the service
of this ,notice on you such goods as described in the Schedule below shall be
disposed of by public auction. In case
you desire to take possession of your such goods, you will be permitted to do
so on written authority from the.undersigned provided any arrears of
rent/damages/costs due from you are paid within the said period of fourteen
days.
Schedule
Date
...
Signature and seal of the
Estate
Officer
1. Ins. by G.S.R. 11 14(E), dated 23rd
Septemeber, 1986 (w.e.f 29th September, 1986).
1[FORM D
Form of Notice Under sub-section (3) of
Sec. 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971
To
Shri/Shrimati/Kumari
...
.
Whereas
1, the undersigned, am satisfied that you are/were in occupation of the Public
Premises described in the Schedule below :
1. And whereas in exercise of the powers
conferred on me by sub-section (1) of Sec. 7 of the Public Premises (Eviction
of Unauthorised Occupants) Act. 197 1, I consider that a sum of
Rs
.(rupees
.) being arrears of rent from the
day of
198 , up to
the
day of
.198 (both days inclusive) in respect of the said premises is due and payable by you to the
Government Statutory Authority;
And
whereas in exercise of the powers conferred on me by sub-section (2-A) of Sec.
7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, I
consider that you are also liable to pay simple interest to the
Government/statutory Authority on the said arrears at the rate determined by
the undersigned till its final payment;
Now,
therefore in pursuance of sub-section (3) of Sec. 7 of the Public Premises
(Eviction of Unauthorised Occupants) Act, 1971, I hereby call upon you to show
cause on or before the why tin order requiring you to pay the said arrears of
rent together with simple interest should not he made.
Schedule
Date
..
Signature and seal of the
Estate Officer]
2. Subs.
by G.S.R. 741, dated 4th July, 1981.
1[FORM E
Form of order under sub-sections (1) and
(2-A) of Sec. 7 of the Public Premises (Eviction of Unauthorised Occupants)
Act, 1971
To
Shri/Slii-iinati/Kumari
.
.
Whereas
you are/were in occupation of the public premises described in the Schedule
below :-
And whereas, by a written notice dated
you
were called upon to show cause on or before
.why an order requiring you to
pay a sum of Rs
.. (Rupees
) being the rent payable touether with the
simple interest in respect of the said premises should not be made
And
whereas I have considered vour objections and/or the evidence produced by
You;
And
whereas you have not made any objections or produced any evidence before the
said date ;
Now,
therefore, in exercise of the powers conferred by sub-section (1) of Sec. 7 of
the Public Premises (Eviction of Unauthorised Occupants) Act, 197 1, I hereby
require you to pay the sum of Rs.
In
exercise of the powers conferred by sub-section (2-A) of Sec. 7 of the said
Act, I alsohereby require you to pay
simple interest @ Rs
per annum on the above sumw.e.f
..till its final
payment.
In
case the said sui-n is not paid within the said period or in the said manner,
it will he recovered as arrears of land revenue tlirou-h the Collector.
Schedtile
Date
Signature
and seal of the
Estate Officer]
1. Subs.
by G.S.R. 741, dated 4tli July. 1981
1[FORM F
Forms of notice under sub-section (3) of
Sec. 7 of the Public
To
Sh
ri/Shri inati/Kumari
..
.
Whereas
I, the undersigned, am satisfied that you are/were in unauthorised occupation
of the public premises mentioned in the Sch.-I below
And,
whereas, in exercise of'the powers conferred on me by sub-section (2) of Sec. 7
of the Public Prermises (Eviction of Unauthorised Occupants) Act, 1971, I
consider the damages amounting to R
(Rupees
(are
due for the period (s) and at the rate(s) shown in SCHEDULE-II below on account
of unauthorised use and occupation of the said Premises ;
And,
whereas, in exercise of the powers conferred on me by sub-section (2-A) of Sec.
7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, I
consider that you are also liable to pay simple interest to the
Government/Statutoi-y Authority on the said arrears at the rate determined by
the undersigned till its final payment.
Now,
therefore, under the provisions of subsection (3) of Sec. 7 of the Act, I
hereby
call
upon you to show cause on or before why an order requiring you to pay the said
dainaoes together with interest should not be made.
Schedule
I
Schedule
II
|
Period |
Rates at which assessed |
Amount
assessed |
Amount
paid |
Balance
in arrears |
Date
. Signature and seal of the
Estate Officer]
1. Subs.
by G.S.R. 741, dated 4th July, 1981.
1[FORM G
Form of order under sub-section (2) and
(2-A) of Sec. 7 of the
To
Shri/Shrimati/Kumari
.
..
Whereas
I, the undersigned, am satisfied that you are/were in unauthor'lsed occupation
of the public pr mises mentioned in the Schedule below:-
And
whereas by a written notice dated
.. You are called upon to show-cause on or
before
. why an order requiring you to pay damages of Rs
.. together with
simple interest for unauthorised use and occupation of the said premises,
should not be made;
And
whereas I have considered your objections and/or the evidence produced by you ;
And
whereas you have not made any objections or produced any evidence before the
said date ;
Now,
therefore, in exercise of the powers conferred on me by sub-section (2) of Sec.
7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, I
herebv order you to pay the sum of Rs
.(Rupees
.) assessed by me as
damage on account of your unauthorised occupation of the premises.
In
exercise of the powers conferred by sub-section (2-A) of Sec. 7 of the said
Act, I also hereby require you to pay simple interest of the rate of Rs
..
per annum on the above sum w.e.f
till its final payment.
In
the event of your refusal or failure to pay the damages or any instalment
thereof the said period or in the manner aforesaid, the amount will be
recovered as an arrear of land revenue.
Schedule
Date
.
Signature and seal of the
Estate Officer]
1. Subs.
by O.S.R. 741, dated 4th July, 1981.
Form of order under Sec. 12 of the Public
Premises
(Eviction of Unauthorised Occupants) Act,
1971
To
Shri/Shrimati/Kumari
.
Whereas,
there are reasons to believe that certain persons are in unauthorised
occupation of the public premises described in the Schedule hereto annexed.
Now,
therefore, in exercise of the powers conferred by Sec. 12 of the Public
Premises (Eviction of Unauthorised Occupants) Act, 1971 read with the
notification of the Estate Officer
.. I hereby require you to furnish
the information in the form specified in Sch. 11 hereto annexed on or
before
..
Schedule
I
Schedule
II
Date
.
Signature and seal of the Estate Officer
or the signature of the Officer authorised
by the Estate Officer
Note.-Failure
to comply with this order is an offence under the Indian Penal Code.
1[FORM I
Certificate under Sec. 14 of the Public
Premises (Eviction of Unauthorised Occupants) Act, 1971, from the estate
officer to the collector
This
is to certify that an amount of Rs
(Rupees
. ) is due to
Central
Government/Statutory authority from Shri/Smt./Km
. in respect
Of
for
the period from
to
.. on account of
Rent/damages/expenses/costs/interest.
In
pursuance of Sec. 14 of the Public Premises (Eviction of Unauthorised
Occupation) Act, 1971, I,
Estate Officer, request you to proceed to recover
the same as arrear of land revenue.]
1. Subs.
by G.S.R. 741, dated 4th July, 1981.
Notice under sub-section (2) Sec. 13 of
the Public Premises
(Eviction of Unauthorised Occupants) Act,
1971
To
Shri/Shrimati/Kumari
.
.
Whereas
Shri
..(now deceased) was in occupation/unauthofised occupation of the
public premises described in the Schedule below;
And
whereas the amount Rs
being arrears of rent/damages from the
..
day
of
.197,
. up to the
. day of
197, in
respect
of the said premises has become due and payable by the said Shri
..to the
Government ;
And
whereas you are the heir/legal representative of the deceased, Shri
..;
Now,
therefore, in pursuance of sub-section (2) of Sec. 13 o.l'the Act, I hereby
call
upon
you to show cause on or before the
.why an order requiring you to pay the said arrears of rent/damages should not be
made against you.
Schedule
Date
. Signature
and seal of the
Estate Officer
1[FORM K
Form of order under (2) Sec. 3-Aof the
Public Premises (Eviction of Unauthorised Occupants) Act, 1971
All persons concerned and in particular
Shri/Shrimati/Kumari
Suit/Fat
No.
Servant
Qtr. No.
Motor
Garge No.
Whereas,
I, the undersigned am satisfied for the reasons recorded below that Shri/
Smt
..is
in unauthorised occupation of the Public Premises specified
in
the Schedule below.
Reasons
Shri/Smt
.
was allowed temporary occupation of Public Premises specified in the Schedule
below for the period from
..to
.
He/She
has been continuing to occupy the same even after the expiry of the said period
of allotment without any authority.
How,
therefore, in exercise of the powers conferred on me under Sec. 3-A of the
Public Premises (Eviction of Unauthorised Occupants) Act, 197 1, I hereby order
that said Shri/ Smt
and all other persons who may be in occupation of the
said premises or any part thereof to vacate the premises forthwith. In the event of refusal or failure to comply
with this order, the said Shri/Smt
. and all other concerned are liable to be
evicted from the said premises, if need be, use of such force as may be
necessary.
Schedule
Suit/Flat
No.
.
Servant
Qtr./Garge No
.
Signature
and Seal
of the Estate Officer
-----------
1. Ins. by G.S.R. 3(E), dated 19th
December, 1997 (w.e.f. 2nd January, 1997).