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Section 8: Power to recover rent and damages in respectof public buildings

Public Buildings ( Eviction of Unauthorised Occupants)ActState Act of Kerala · Act 25 of 1968

(1) Where any person is in arrears of rent payable in respect of any public building, the estate officer may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order.

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(2) Where any person is liable to pay damages under section 7, the estate officer may, by order require that person to pay such damages within such time and in such instalments as may be specified in the order.

(3) No order under sub-section (1) or sub-section (2) shall be made against any person until after the issue ofa notice in writing to the person calling upon him to show cause within such time as may be spec1fied in the notice why such order should not be made, and until his objections, if any, and any evidence produced by him in support of the same, have been considered by the estate officer.

9. Power of estate afloat—An estate officer shall, for the purpose of holding any inquiry under this Act, have the same p0wers as are vested in a civil court under the Code of Civrl Procedure, 1908 (5 of 1908), when trying a suit, in respect of 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;

(a) any other matter which may be prescribed.

10. Appealr.—-(l) An appeal shall lie from any order of the estate officer made In respect of any public building under section 5 or section 8 to the Collector of the District in which the public building is s1tuate.

(2) An appeal under subsection (1) shall be preferred,—

(a) in the case of an appeal from an order under section 5, within fifteen days from the date of publication of the order under sub-section (1) ofthat section; and

(b) in the case of an appeal from any order under section 8, within fifteen days from the date on which the order is communicated to the appellant;

(3) Where an appeal is preferred from an order of the estate officer, the District Collector may stay the enforcement ofthat order for such period and on such conditions as he deems fit.

(4) Every appeal under this section shall be disposed of by the District Collector as expeditiously as possible.

(5) The costs of any appeal under this section shall be in the discretion of the District Collector.

(6) The appellate authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, m respect of the followmg matters, namely.—

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

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(b) requiring the discovery and production of document;

(c) any other matter which may be prescribed.

ll. Powei to obtain mformatzon.—-If the estate officer has reason to believe that any persons are in unauthorised occupation ofany public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possesswn of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly.

Where this provision sits

ActPublic Buildings ( Eviction of Unauthorised Occupants)Act
Section8
Marginal notePower to recover rent and damages in respectof public buildings
JurisdictionState of Kerala
StatusIn force as published by the source

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