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Section 3: Appointment of estate officers

The Public Premises (Eviction of Unauthorized Occupants) Act, 1971Union territory Act of Chandigarh · Act 40 of 1971

The Central Government may, by notification in the Official Gazette,—

(a) appoint such persons, being gazetted officers of Government 4 [or of the Government of any Union Territory] or officers of equivalent rank of the 5 [statutory authority], as it thinks fit, to be estate officers for the purposes of this Act:

6 *** 7 [Provided that no officer of the Secretariat of the Rajya Sabha shall be so appointed except after consultation with the Chairman of the Rajya Sabha and no officer of the Secretariat of the Lok Sabha shall be so appointed except after consultation with the Speaker of the Lok Sabha:

Provided further that an officer of a statutory authority shall only be appointed as an estate officer in respect of the public premises controlled by that authority:

8 ***] 9 [Provided also that the Custodian, Deputy Custodian and Assistant Custodian of the enemy property appointed under section 3 of the Enemy Property Act, 1968 (34 of 1968) shall be deemed to have been appointed as the Estate Officer in respect of those enemy property, being the public premises, referred to in sub-clause (4) of clause (e) of section 2 of this Act for which they had been appointed as the Custodian, Deputy Custodian and Assistant Custodian under section 3 of the Enemy Property Act, 1968;]

(b) define the local limits within which, or the categories of public premises in respect of which, the estate officers shall exercise the powers conferred, and perform the duties imposed, on estate officers by or under this Act.

10 [3A. Eviction from temporary occupation.—Notwithstanding anything contained in section 4 or section 5, if the estate officer, after making such inquiry as he deems expedient in the circumstances of

1. Ins. by Act 2 of 2015, s. 2 (w.e.f. 22-6-2015).

2. Subs. by s. 2, ibid., for “Corporation” (w.e.f. 22-6-2015).

3. Ins. by Act 7 of 1994, s. 2 (w.e.f. 1-6-1994).

4. Ins. by s. 3, ibid. (1-6-1994).

5. Subs. by Act 61 of 1980, s. 2, for “corporate authority” (w.e.f. 20-12-1980).

6. The word “and” omitted by s. 3, ibid. (w.e.f. 20-12-1980).

7. Provisos added by s. 3, ibid. (w.e.f. 20-12-1980).

8. The word “and” omitted by Act 3 of 2017, s. 20 (w.e.f. 7-1-2016).

9. Ins. by s. 20, ibid. (w.e.f. 7-1-2016).

10. Ins. by Act 7 of 1994, s. 4 (w.e.f. 1-6-1994).

4 the case, is satisfied that any persons who were allowed temporary occupation of any public premises are in unauthorised occupation of the said premises, he may, for reasons to be recorded in writing, make an order for the eviction of such persons forthwith and, thereupon, if such persons refuse or fail to comply with the said order of eviction, he may evict them from the premises and take possession thereof and may, for that purpose, use such force as may be necessary.]

Where this provision sits

ActThe Public Premises (Eviction of Unauthorized Occupants) Act, 1971
Section3
Marginal noteAppointment of estate officers
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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