(1) If the estate officer is of opinion that any persons I~~~~ of notice are in unauthorised occupation of any public premises to show cause and that they should be evicted, the estate officer against order shall issue, in the manner hereinafter provided, a notice eviction.
in writing calling upon all persons concerned to show cause why an order of eviction should not be made.
(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, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof.
(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.
(4) Where the estate officer knows or has reason to believe that any persons are in occupation of the public premises, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served oneevery such person by post or by delivering or tendering it to that person or in wch other manner as may be prescribed.
524 I Public Premises (Eviction of [I976 : T.N.Act 1 Unauthorised Occupants) Eviction of 5. (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section occupants. 4 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the estate officer is satisfied that the public premises are in unauthxised occupation, the estate officer may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order, by all persons who may be in occupation there of or any part ther; of, and cause a copy of the order to be affixed on the outer door or soms other conspicuous part of the public premises.
(2) If any person refuses or fails to comply with the order of eviction under sub-section (1), the estate officer or any other officer duly authorised by the estate officer in this behalf may evict that person from, and take possession of, the public premises and may, for that purpose, use s: ch force as may be necessary.
Disposal of 6. (1) Where any persons have been evicted from any :gEgdn public premises under section 5, the estate officer may, by unauthorisedafter giving fourteen days' notice to the persons from occupants. whom possession of the public premises has been taken and, after publishing the notice in atleast one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction, any property remaining on such premises.
(2) Where any property is sold under sub-section (I), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the Government or the corporate authority on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the estate officer to be entitled to the same :
Provided that where the estate officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and; the decision of the court thereon shall be final, Power to re- 7. (1) Where any person is in arrzars of rent payable quire payment in respect of any public premises, the estate officer may, Of rent Or by order, require that person to pay the same within such time and is such instalrnents as may be specified in the public premises, order, i976-: T. N. Actzl]' Public Premises (Eviction of 323 Unauthorised Occupants)
(2) Where any person is, or has at any time been in unauthorised occupation of any public premises, the estate officer may, having regard to such principles of assessment of damage: 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 (1) or 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 estate officer.
8. An estate officer shall, for the purpose of holding any Powers of inquiry under this Act, have the same powers as are wate officers.
vested in a civil court under the Code of Civil Procedure 1908 (Central Act V of 1908), when trying a suit in respect of thp 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.