Bare ActsThe Assam Public Premises (Eviction of Unauthorised Occupants) Act, 1971

Section 4

(1) •If the estate officer is of opinion that any

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(1) •If the estate officer is of opinion that any . ,. · ~h 0 o~ e cau~e person 4n unaµthorised occupation of any public against premises and that he .should be evicted, the estate order ef officer shali issue in the manner hereina,fter: pro- e viction. • vided a notice in writing calling upon the piersons concerned to show. cause why an .order· of eviction should not be mpde. ' (2) The notice shall- ..,. (a) specify'the .grounds on'which the order ' of ev:c;tion is ._groposed to.be ,made; and · (b) require all persons concerhed, that is to say, all persons· who aiie, or may be; in occupation of, or · cla:im interest in lhe p_ublic pre!J1ises, to show cause, if any, against the proposed · order on or . befoiie such dat,e as i.s specified :j.n the notice, being ··a date not earlier than . ten days from the' dat1e of .issue thereof; . (3) The est(!te officer shall caUse the notice to be S12,..ved by having affixed .on the outer door or some other conspicuous part of the ·public pre- mises, and in such other manner as may be pres- cr: bed, wherieupori the notice shall be deemed to ·· have· been duly given to all persons concernied. (4) Where the estalle officer knows or has rea- sons to believe that any pe.rson is in occupatfon of ·the pupli..c premises, th•en, -w:thoµt prejudice· to ,,- . . .. . . \ , .. I ... . / . . 608 THE ASSAM GAZETTE EXTRAORDINARY, OCT. 27, . 1976 the provisions of sli'b-section "(3), he shall cause a copy of the notice to be served on !every such per- , . son by post or' by delivering or tendering it to ·that person or in such other manner as may be 12rescribed. "' Eviction !f ·5. (l) If, after considering the ca,use, if any. :iauth:~- shown by . any pe:r;son ·in J?Ursua'nce of a notiee paats. under sect10n 4 and any evidence he rp.ay pro.duce · in support of the same and after giving hin'i'°~ rea- sonable opportunity of being heard, the estate officer is satisfied that the public premises are in unauthorised occupatil~µ, the estate officer may, on a date to be fix~d for the purpose, make an ·order of eviction, for reasons to be recorded therein, directing 'that the · public premises shall be vacated by al~ persons who may be in occupa- tion thereof or any part th~reof, and ~ause a copy of the order to be affixed on the outer door or sorpe other conspicuous part of the publie pre-· . ' mises. \ (2) If any person refuses 'or fails to comply v.ith . the order of eviction within thirty days of the date o_f its publication under sub-section (1), the estate officer or any other· officer duly autho- rised by the estate -officer in this behalf may -evict that person from; and fake prosse~sion of, · the public piiemises and . may, for that purpose; use such force as may 'be necessary. . . ~ Disrosaf of

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