6 [(1) If any person unlawfully occupies any public premises, he shall be be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both:
Provided that a person who, having been lawfully in occupation of any public premises by virtue of any authority (whether by way of grant, allotment or by any other mode whatsoever) continues to be in occupation of such premises after such authority has ceased to be valid, shall not be guilty of such offence.]
7 [(2)] If any person who has been evicted from any public premises under this Act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to 8 [five thousand rupees], or with both.
7 [(3)] Any magistrate convicting a person under 9 [sub-section (2)] may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act.
1. Subs. by Act 61 of 1980, s. 9, for “under section 7, within fifteen days” (w.e.f. 20-12-1980).
2. Ins. by Act 35 of 1984, s. 5 (w.e.f. 13-11-1984).
3. Ins. by Act 2 of 2015, s. 6 (w.e.f. 22-6-2015).
4. The proviso added by Act 61 of 1980, s. 9 (w.e.f. 20-12-1980).
5. Subs. by Act 2 of 2015, s. 6, for sub-section (4) (w.e.f. 22-6-2015).
6. Ins. by Act 35 of 1984, s. 6 (w.e.f. 13-11-1984).
7. Sub-sections (1) and (2) renumbered as sub-sections (2) and (3) thereof by s. 6, ibid. (w.e.f. 13-11-1984).
8. Subs. by s. 6, ibid., for “one thousand rupees” (w.e.f. 13-11-1984).
9. Subs. by s. 6, ibid., for “sub-section (1)” (w.e.f. 13-11-1984).
9 1 [11A. Offences under section 11 to be cognizable.—The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to an offence under section 11 as if it were a cognizable offence—
(i) for the purposes of investigation of such offence, and
(ii) for the purposes of matters, other than—
(1) matters referred to in section 42 of that Code, and
(2) arrest of a person except on the complaint of, or upon information received from,—
(a) a Group A officer as may be appointed by the Central Government, in the case of an offence in relation to the public premises specified in sub-clause (1) of clause (e) of section 2;
(b) an officer equivalent to the rank of a Group A officer of the Central Government or where it is not possible to specify an officer of such equivalent rank, such executive officer as may be appointed by the statutory authority in the case of an offence in relation to the public premises specified in sub-clause (2) of clause (e) of section 2;
(c) such Deputy Commissioner, in the case of an offence in relation to the public premises belonging to the Municipal Corporation of Delhi, as may be appointed by the Administrator of the Union territory of Delhi;
(d) the Secretary, New Delhi Municipal Committee, in the case of an offence in relation to the public premises belonging to the New Delhi Municipal Committee;
(e) the Secretary of a notified area committee, in the case of an offence in relation to the public premises belonging to that committee;
(f) such Director, in the case of an offence in relation to the public premises belonging to the Delhi Development Authority, as may be appointed by the Administrator of the Union territory of Delhi.]