Amendment status not verified — confirm the current text below against the official source.
Substituted by Act No.33 of 2007. Act XVII of 1956. Act XXI of 1950. Encroachments by persons on land or building belonging to charitable or religious institution or endowment and the eviction of encroachers. [Act No. 30 of 1987] 103 jurisdiction over the division in which the institution or endowment is situated. Explanation:— For the purpose of this Chapter the expression ‗encroacher‘ shall mean any person who unauthorizedly occupy any land or building or space and deemed to include any person who is in occupation of the land or building or space without the approval of the competent authority sanctioning lease or mortgage, or license and also a person who continues to remain in the land or building or space after the expiry or termination or cancellation of the lease, mortgage or license in respect thereof granted to him or it. (2) Where, on a perusal of the report received by him under sub-section (1), the 84[Endowments Tribunal] finds that there is a prima facie case of encroachment, 84[it] shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling on him to show cause before a certain date why an order requiring him to remove the encroachment before the date specified in the notice should not be made. A copy of the notice shall also be sent to the trustee of the institution or endowment concerned. (3) The notice referred to in sub-section (2) shall be served in such manner as may be prescribed. (4) Where after considering the objections, if any, of the encroacher received during the period specified in the notice referred to in sub-section (2) and after conducting such enquiry as may be prescribed, the 84[Endowment Tribunal] is satisfied that there has been an encroachment, 84[it] may, by order, require, the encroacher to remove the encroachment and deliver possession of the land or