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Section 7

The Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972State Act of Gujarat · Act 12 of 1973

(1) Subject to any rules made by the State Government in this behalf and without prejudice to the provisions of section 4, where any person is in arrears of rent payable in respect of any public premises, the competent officer may, by issuing a notice to him, require that person to pay the same within such time, not less than ten days, and in such instalments as may be specified in the notice.

(2) Where any person is, or has at any time been, in unauthorised occupation of any public premises, the competent officer may, having regard to such principles of assessment of damages as may be prescribed assess the damages on account of the use and occupation of such premises and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order.

(3) No order under sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the competent officer.

(4) The notice under sub-section (1) or (3) shall be served in the manner provided for service of notice under sub-section (3) of section 4.

8. A competent officer shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit in respectof the following matters, namely : —

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) any other matter which may be prescribed.

Where this provision sits

ActThe Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972
Section7
JurisdictionState of Gujarat
StatusIn force as published by the source

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