Bare ActsThe Kerala Land Conservancy Act, 1957 (No.8 of 1958)

Section 9

Liabtlity for unavthorised occupation

Amendment status not verified — confirm the current text below against the official source.

Liabtlity for unavthorised occupation.-Any person un- authonsedly occupymg any land whiCh is the property of Government, whether a poramboke or not, ami hable to a fine under scctron 7 shall, in addition to the assessment or prohibitory assessment to whiCh he may be liable under sectwn 8. be hable foF the value, as ad]udg~d by the Collector, of any useful tree destroyed or appropnated by him IO. Penalty for destruction or approprwtion of frees.-Any person who destroys or appropriates any useful tree belongmg to t.he Government shall be liable for damages not exceeding three, times tbe value of the tree as adjudged by the Collector, and shall also be liable on conviCtiOn by a mag1stJ ate to be punished With impnsonment for a term extending to s1x months or "With fine not exceedmg five hundred rupees, or with both II. (I) Liability of unauthorised occupant to summary eviction, jorfetlure of crops, etc -Any person unauthonsedly occupymg any land for which he IS hable to pay a fine under sectwn 7 and an assessment or proh1b1tory assessment under sectiOn 8 may be summarily evicted by the Collector, and any crop or other product raised on the land shall be hable to forfeiture, and any butldmg or structme erected or anythmg deposited thereon shall also, if not removed by him after such wntten notice as the Collector may deem reasonable, be liable to forfeiture. Forfeiture under this sectwn shall be adjudged by the Collector and any property so forfeited shall be disposed of as the Collector may direct. (2) Mode of evictwns.-An evJCtion under this sectiOn shall be made in the followmg manner, namely - By serving a notiCe on a person reputed to be in occupation or his agent reqmring him Withm such t1me as the Collector may deem reasona- ble after receipt of the said notiCe to vacate the land, and 1f such notice is not obeyed, by removmg or deputing a subordmate to remove any person who may refuse to vacate the same, and, if the officer removmg any such person shall be resisted or obstructed by any person, the .. f • 23 CoUcctor shall hold a summary enqmry mto the fac1.H of the case, and, If BILl isficrl that the resistance or obstructiOn still con I inues, may issue a. wammt for the arrest of the said person, anrl on hill appearance may scncl him w1th a warrant in the form of the Rcheduln for imprisonment. jll tllc Cinl Ja1l of the district for such periorl not mu:cedmg 30 days afl mny be necessary to prevent the continuance of s11ch obstruction or rP~:~istance Provided that no person so committc•cl or impt isoned ·under th1s scotion shall be liable to be prosecuted unrlcH' sectiOn 183, 186 and 188 of tho Jndmn Penal Code m respect of the same facts. I 2 Prwr notice to occupant, etc.-Tho Collm:tor shall, before pasHing an order under this Act, give notico to the occupant or other purHon hkely to be affected by the order, uud rcc·ord any statement whi<'h such occupant or person may mako nnd any evidence which he mny adduce w1thm a reasonable time; and all orders passed by the Collector under this Act shall be m wnting und under his hand. The Collector may reqmre any subordina.te officer not below the mnk of a Deputy Tahsildar to hold the enquiry WI prescribed in para- graph 1 of this sectwn and s~bmit the rf'c'OJ d to him. On such record tho Collector may pass orders. For the purpose of section 199 of tho Inrl ian Penal Code the proeeedmg~> taken by the Collector unde1 tllis sect ion shall be dcemc!l to he judiCial proceedmgs.

Section 9 – The Kerala Land Conservancy Act, 1957 (No.8 of 1958) | DailyLaw.ai