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Section 4: Issue of notice to show cause against order of eviction.

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

[(1) If the estate officer has information that any person is in unauthorised occupation of any public premises and that he should be evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing within seven working days from the date of receipt of the information regarding the unauthorised occupation calling upon the person concerned to show cause why an order of eviction should not be made.

(1A) If the estate officer knows or has reasons to believe that any person is in unauthorised occupation of the public premises, then, without prejudice to the provisions of sub-section (1), he shall forthwith issue a notice in writing calling upon the person concerned to show cause why an order of eviction should not be made.

(1B) Any delay in issuing a notice referred to in sub-sections (1) and (1A) shall not vitiate the proceedings under this Act.]

(2) The notice shall--

(a) specify the grounds on which the order of eviction is proposed to be made; and

[(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises,--

(i) to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not [later than] seven days from the date of issue thereof, and

(ii) to appear before the estate officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown, and also for personal hearing, if such hearing is desired.]

(3) The estate officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned.

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Where this provision sits

ActThe Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Section4
Marginal noteIssue of notice to show cause against order of eviction.
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.

  • substituted, Act 2 of 2015. . Subs. by Act 2 of 2015, s. 3, for sub-section (1) (w.e.f. 22-6-215).
  • substituted, Act 61 of 1980. . Subs. by Act 61 of 1980, s. 4, for clause (b) (w.e.f. 20-12-1980).
  • substituted, Act 2 of 2015. . Subs. by Act 2 of 2015, s. 3, for "earlier than" (w.e.f. 22-6-2015).
  • omitted, Act 7 of 1994. . Sub-section (4) omitted by Act 7 of 1994, s. 5 (w.e.f. 1-6-1994).

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