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Section 18 – The Public Premises (Eviction of Unauthorised Occupants) Act,1971

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

Section 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 possession of public premises;

(e) The manner in which damages for unauthorised occupation may be assessed and the principles, which may be taken into account in assessing such damages;

1[(ea) The rate at which interest shall be payable on arrears of rent specified in any order made under subsection (1) of section 7, or damages assessed under sub-section (2) of that section;]

2[(ee) The manner in which the sealing of any erection or work or of any public premises shall be made under subsection (1) of section 5C;]

(f) The manner in which appeals may be preferred and the procedure to be followed in appeals;

(g) Any other matter which has to be or may be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is session for a total period of thirty days which may be comprised in one session or 3[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,] both Houses agree in making any modification in the rule of both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

——————–

1. Ins. by Act 61 of 1980, Sec. 13.

2. Ins. by Act 35 of 1984, Sec. 10 (w.e.f. 13th November,1984).

3. Subs. by Act 61 of 1980, Sec. 13, for certain words.

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

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