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

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

Section 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. 1[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.

1[(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 days notice to the persons owning such goods, materials, cattle or other animal and after publishing the notice in at least one newspaper having circulation in the locality, dispose of, by public auction, such goods. materials, cattle or other animal.

(1B) Notwithstanding anything contained in subsections (1) and (IA), the giving or publication of any notice referred to therein shall not be necessary in respect of any property which is subject to speedy and natural decay, and the estate officer may, after recording such evidence as he may think fit, cause such property to be sold or otherwise disposed of in such manner as he may think fit.]

(2) Where any property is sold under subsection (1), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the Central Government of the 2[statutory authority] on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the estate officer to be entitled to the same:

Provided that where the estate officer 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.

3[(2A) The expression “costs” , referred to in subsection (2), shall include the cost of removal recoverable under Section 5A and the cost of demolition recoverable under Section 5B.]

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1. Subs. by Act 61 of 1980, Sec. 2, for “corporate authority” .

2. Ins. by Act 61 of 1980, Sec. 7.

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

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