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Section 5A: Power to remove unauthorised constructions, etc.

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

[5A. power to remove unauthorised constructions, etc.--(1) No person shall--

(a) erect or place or raise any building or [any movable or immovable structure or fixture]

(b) display or spread any goods,

(c) bring or keep any cattle or other animal,

on, or against, or in front of, any public premises except in accordance with the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy such premises.

[(2) Where any building or other immovable structure or fixture has been erected, placed or raised on on any public premises in contravention of the provisions of sub-section (1), the estate officer may serve upon the person erecting such building or other structure or fixture, a notice requiring him either to remove, or to show cause why he shall not remove such building or other structure or fixture from the public premises within such period, not being less than seven days, as he may specify in the notice; and on the omission or refusal of such person either to show cause, or to remove such building or other structure or fixture from the public premises, or where the cause shown is not, in the opinion of the estate officer, sufficient, the estate officer may, by order, remove or cause to be removed the building or other structure or fixture from the public premises and recover the cost of such removal from the person aforesaid as an arrear of land revenue.

(3) Where any movable structure or fixture has been erected, placed or raised, or any goods have been displayed or spread, or any cattle or other animal has been brought or kept, on any public premises, in contravention of the provisions of sub-section (1) by any person, the estate officer may, by order, remove or cause to be removed without notice, such structure, fixture, goods, cattle or other animal, as the case may be, from the public premises and recover the cost of such removal from such person as an arrear of land revenue.]

Where this provision sits

ActThe Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Section5A
Marginal notePower to remove unauthorised constructions, etc.
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 61 of 1980. . Ins. by Act 61 of 1980, s. 6 (w.e.f. 20-12-1980).
  • substituted, Act 35 of 1984. . Subs. by Act 35 of 1984, s. 2, for "other structure or fixture" (w.e.f. 13-11-1984).
  • substituted. . Subs. by s. 2, ibid., for sub-section (2) (w.e.f. 13-11-1984).

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