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Section 18: Power to make rules.

The Public Premises (Eviction of Unauthorised Occupants) Act, 1971Central Act · Act 40 of 1971

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served;

(b) the holding of inquiries under this Act;

(c) the distribution and allocation of work to estate officers and the transfer of any proceeding pending before an estate officer to another estate officer;

(d) the procedure to be followed in taking possession of public premises;

(e) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages;

[(ee) the manner in which the sealing of any erection or work or of any public premises shall be made under sub-section (1) of section 5C;]

[(ea) the rate at which interest shall be payable on arrears of rent specified in any order made under sub-section (1) of section 7, or damages assessed under sub-section (2) of that section;]

(f) the manner in which appeals may be preferred and the procedure to be followed in appeals;

(g) any other matter which has to be or may be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or [in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Where this provision sits

ActThe Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Section18
Marginal notePower to make rules.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 35 of 1984. . Ins. by Act 35 of 1984, s. 10 (w.e.f. 13-11-1984).
  • inserted, Act 61 of 1980. . Ins. by Act 61 of 1980, s. 13 (w.e.f. 20-12-1980).
  • substituted. . Subs. by s. 13, ibid., for certain words (w.e.f. 20-12-1980).

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