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Section 9

The Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975State Act of Tamil Nadu · Act 1 of 1976

(1) An appeal shall lie from every order of the Appeals.

estate officer made in respect of any public premises under section 5 or section 7 to an appellate officer who shall be the district judge of the district in which the public premises are situated or such other j~-dicial officer in that district of not less than such numbers of years standing as may be prescribed and as the district judge may designate in this behalf.

(2) An appeal under sub-section (1) shall be preferred within such period as may be priscribed:

Provided that the appellate officer may entertain the appeal after the expiry of the prescribed period, if hi. is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

$26 2 -~ublic Promises (hvictionlof [1976 : t k . Act 1 Unauthorised Occupants)

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

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

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

(6) For the purposes of this section, a presidency town shall be deemed to be a district and the chief judge or the principal judge of the city civil court therein, shall be deemed to be the district judge of the district.

Finality of 10. Save as otherwise expressly provided in this Act, orders. every orderA9made by an estate officer or appellate offices under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Offences and 11. (1) If any person who has been evicted from any penalty. public premises under this Act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

(2) Any Judicial Magistrate convicting a person under sub-section (1) may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act.

Power to 12. If the estate officer has reason to believe that any information. persons are in uneuthorised occupation of any public premises, the estate officer or any other officer authorised by him in this behalf may require those persons or any other person to furnish information relating to the names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information in his possession.

Liability of 13. (1) Where any person against whom any proceeding heirsandlegal for the determination of arrears of rent or for the representatives. assessment of damages is to be or has been taken, dies before the procceding is taken or during the pendency f 9% 4 ?.h. Act I] Public >remises (Eviction of 327 Unauthorised Occupants) thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person.

(2) Any amount due to the Government or the corporate authority frcm any person whtther by way of arrears of rent or damages or costs shal1,afterthe death of the person, be payable by his heirs or legal representatives but their liability shall be limited to the extent of the assets of the deceased in their hands.

14. ~f any person refuse or fails to pay the arrears Recovery of of rent payable under sub-section (1) of section 7 or the rent, etc., as an damages payable under sub-section (2) of that section ::$::i:f or the costs awarded to the Government or the corporate authority under sub-section (5) of section 9 or any portion of such rent, damages, or costs, within the time, if any, specified theref or in the order relating theretc, the estate officer may issue a certificate for the amount due to the Collector who shall proceed to recover the same as an arrear of land revenue.

15. No court shall have jurisdiction to entertain any Bar of jurisdisuit or proceeding in respect of the eviction of any perscn Ct'Cn.

who isi n unauthorised occupatiol~ of any public premises or the recovery of the arrears of rent payable urider subsection (1) of section 7 or the damages payable under sub-section (2) of that section or the costs awarded to the Government or the corporate authority under sub-section

(5)of section 9orany portion of such rent,damages or costs.

Where this provision sits

ActThe Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975
Section9
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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