Panchayat:Repo18/vol2-page0310 - Revision history

Joshypb at 09:55, 23 January 2019

2019-01-23T09:55:35Z

Dinesh at 09:06, 1 February 2018

2018-02-01T09:06:49Z

← Older revision		Revision as of 09:06, 1 February 2018
Line 13:		Line 13:
	<br>		<br>
	(c) any other matter which may be prescribed.		(c) any other matter which may be prescribed.
	~~<br>~~
	11. Power to obtain information.- If the estate officer has reason to believe that any persons are in unauthorised occupation of any public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possession of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly.		11. Power to obtain information.- If the estate officer has reason to believe that any persons are in unauthorised occupation of any public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possession of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly.
	<br>		<br>

Dinesh at 09:05, 1 February 2018

2018-02-01T09:05:24Z

Dinesh at 08:22, 1 February 2018

2018-02-01T08:22:55Z

← Older revision		Revision as of 08:22, 1 February 2018
Line 1:		Line 1:
	~~310 THE KERALA PUBLIC (EVICTION OF...) ACT, 1968 Sec. 11~~
	(3) Where an appeal is preferred from an order of the estate officer, the District Collector may stay the enforcement of that order for such period and on such conditions as he deems fit.		(3) Where an appeal is preferred from an order of the estate officer, the District Collector 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 District Collector as expeditiously as possible.		(4) Every appeal under this section shall be disposed of by the District Collector as expeditiously as possible.

Nandakumar: '310 THE KERALA PUBLIC (EVICTION OF...) ACT, 1968...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

2018-01-04T08:51:50Z

'310 THE KERALA PUBLIC (EVICTION OF...) ACT, 1968...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

New page

310 THE KERALA PUBLIC (EVICTION OF...) ACT, 1968 Sec. 11
(3) Where an appeal is preferred from an order of the estate officer, the District Collector 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 District Collector as expeditiously as possible.
(5) The costs of any appeal under this section shall be in the discretion of the District Collector.
(6) The appellate authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of document;
(c) any other matter which may be prescribed.
11. Power to obtain information.- If the estate officer has reason to believe that any persons are in unauthorised occupation of any public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possession of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly.
12. Liability of heirs and legal representatives.- (1) Where any person against whom any proceeding for
(a) the determination of arrears of rent; or
(b) the assessment of damages, is to be, or has been taken under this Act, dies before the proceeding is taken or during the pendency 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 a local authority or a company or a corporation"), as the case may be, from any person whether by Way of arrears of rent, damages or Costs shall, after the death of that 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.
13. Recovery of rent, etc., as arrears of public revenue due on land.- If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of section 8 or the damages payable under sub-section (2) of that section or costs awarded to the Government (or a local authority or a company or a corporation"), as the case may be, under Sub-section (5) of section 10, or any portion of such rent, damages or costs, within the time, if any, Specified therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the Collector of the District in which the public building is situate, who shall thereupon proceed to recover the same as arrears of public revenue due on land.
14. Further mode of recovery.- If the person refusing or failing to pay any of the amounts referred to in section 13 is in receipt of any salary, the estate officer may, notwithstanding the issue of a certificate to the Collector under the said section, require any person paying the salary to deduct from any payment of salary Subsequent to the date of Such requisition any Such amount or any portion thereof as may be specified in the requisition and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Government or the company or the Corporation) as the case may be:

Provided that any part of the salary exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908), shall be exempted from any requisition made under this section.
Explanation:- For the purposes of this section, "Salary" includes,-
(i) Wages
(ii) Any annuity or pension;
{{Create}}

← Older revision		Revision as of 09:55, 23 January 2019
Line 8:		Line 8:
	(6) The appellate authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, in respect of the following matters, namely:-		(6) The appellate authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, in respect of the following matters, namely:-
	<br>		<br>
	(a) summoning and enforcing the attendance of any person and examining him on oath;		*(a) summoning and enforcing the attendance of any person and examining him on oath;
	<br>		<br>
	(b) requiring the discovery and production of document;		*(b) requiring the discovery and production of document;
	<br>		<br>
	(c) any other matter which may be prescribed.		*(c) any other matter which may be prescribed.

	11. Power to obtain information.- If the estate officer has reason to believe that any persons are in unauthorised occupation of any public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possession of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly.		'''11. Power to obtain information.- ''' If the estate officer has reason to believe that any persons are in unauthorised occupation of any public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possession of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly.
	<br>		<br>
	12. Liability of heirs and legal representatives.- (1) Where any person against whom any proceeding for		'''12. Liability of heirs and legal representatives.- ''' (1) Where any person against whom any proceeding for
	<br>		<br>
	(a) the determination of arrears of rent; or		(a) the determination of arrears of rent; or
Line 24:		Line 24:
	(2) Any amount due to the Government (or a local authority or a company or a corporation"), as the case may be, from any person whether by Way of arrears of rent, damages or Costs shall, after the death of that 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.		(2) Any amount due to the Government (or a local authority or a company or a corporation"), as the case may be, from any person whether by Way of arrears of rent, damages or Costs shall, after the death of that 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.
	<br>		<br>
	13. Recovery of rent, etc., as arrears of public revenue due on land.- If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of section 8 or the damages payable under sub-section (2) of that section or costs awarded to the Government (or a local authority or a company or a corporation"), as the case may be, under Sub-section (5) of section 10, or any portion of such rent, damages or costs, within the time, if any, Specified therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the Collector of the District in which the public building is situate, who shall thereupon proceed to recover the same as arrears of public revenue due on land.		'''13. Recovery of rent, etc., as arrears of public revenue due on land.-''' If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of section 8 or the damages payable under sub-section (2) of that section or costs awarded to the Government (or a local authority or a company or a corporation"), as the case may be, under Sub-section (5) of section 10, or any portion of such rent, damages or costs, within the time, if any, Specified therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the Collector of the District in which the public building is situate, who shall thereupon proceed to recover the same as arrears of public revenue due on land.
	<br>		<br>
	14. Further mode of recovery.- If the person refusing or failing to pay any of the amounts referred to in section 13 is in receipt of any salary, the estate officer may, notwithstanding the issue of a certificate to the Collector under the said section, require any person paying the salary to deduct from any payment of salary Subsequent to the date of Such requisition any Such amount or any portion thereof as may be specified in the requisition and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Government or the company or the Corporation) as the case may be:		'''14. Further mode of recovery.-''' If the person refusing or failing to pay any of the amounts referred to in section 13 is in receipt of any salary, the estate officer may, notwithstanding the issue of a certificate to the Collector under the said section, require any person paying the salary to deduct from any payment of salary Subsequent to the date of Such requisition any Such amount or any portion thereof as may be specified in the requisition and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Government or the company or the Corporation) as the case may be:

	Provided that any part of the salary exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908), shall be exempted from any requisition made under this section.		Provided that any part of the salary exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908), shall be exempted from any requisition made under this section.
	<br>		<br>
	Explanation:- For the purposes of this section, "Salary" includes,-		'''Explanation:- ''' For the purposes of this section, "Salary" includes,-
	<br>		<br>

	(i) Wages		(i) Wages

	(ii) Any annuity or pension;		(ii) Any annuity or pension;
	{{Create}}		{{Create}}

← Older revision		Revision as of 09:05, 1 February 2018
Line 1:		Line 1:

	(3) Where an appeal is preferred from an order of the estate officer, the District Collector may stay the enforcement of that order for such period and on such conditions as he deems fit.		(3) Where an appeal is preferred from an order of the estate officer, the District Collector may stay the enforcement of that order for such period and on such conditions as he deems fit.
			<br>
	(4) Every appeal under this section shall be disposed of by the District Collector as expeditiously as possible.		(4) Every appeal under this section shall be disposed of by the District Collector as expeditiously as possible.
			<br>
	(5) The costs of any appeal under this section shall be in the discretion of the District Collector.		(5) The costs of any appeal under this section shall be in the discretion of the District Collector.
			<br>
	(6) The appellate authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, in respect of the following matters, namely:-		(6) The appellate authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, in respect of the following matters, namely:-
			<br>
	(a) summoning and enforcing the attendance of any person and examining him on oath;		(a) summoning and enforcing the attendance of any person and examining him on oath;
			<br>
	(b) requiring the discovery and production of document;		(b) requiring the discovery and production of document;
			<br>
	(c) any other matter which may be prescribed.		(c) any other matter which may be prescribed.
	11. Power to obtain information.- If the estate officer has reason to believe that any persons are in unauthorised occupation of any public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possession of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly.		<br>
			11. Power to obtain information.- If the estate officer has reason to believe that any persons are in unauthorised occupation of any public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possession of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly.
			<br>
	12. Liability of heirs and legal representatives.- (1) Where any person against whom any proceeding for		12. Liability of heirs and legal representatives.- (1) Where any person against whom any proceeding for
			<br>
	(a) the determination of arrears of rent; or		(a) the determination of arrears of rent; or
			<br>
	(b) the assessment of damages, is to be, or has been taken under this Act, dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person.		(b) the assessment of damages, is to be, or has been taken under this Act, dies before the proceeding is taken or during the pendency 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 a local authority or a company or a corporation"), as the case may be, from any person whether by Way of arrears of rent, damages or Costs shall, after the death of that 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.		(2) Any amount due to the Government (or a local authority or a company or a corporation"), as the case may be, from any person whether by Way of arrears of rent, damages or Costs shall, after the death of that 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.
			<br>
	13. Recovery of rent, etc., as arrears of public revenue due on land.- If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of section 8 or the damages payable under sub-section (2) of that section or costs awarded to the Government (or a local authority or a company or a corporation"), as the case may be, under Sub-section (5) of section 10, or any portion of such rent, damages or costs, within the time, if any, Specified therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the Collector of the District in which the public building is situate, who shall thereupon proceed to recover the same as arrears of public revenue due on land.		13. Recovery of rent, etc., as arrears of public revenue due on land.- If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of section 8 or the damages payable under sub-section (2) of that section or costs awarded to the Government (or a local authority or a company or a corporation"), as the case may be, under Sub-section (5) of section 10, or any portion of such rent, damages or costs, within the time, if any, Specified therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the Collector of the District in which the public building is situate, who shall thereupon proceed to recover the same as arrears of public revenue due on land.
			<br>
	14. Further mode of recovery.- If the person refusing or failing to pay any of the amounts referred to in section 13 is in receipt of any salary, the estate officer may, notwithstanding the issue of a certificate to the Collector under the said section, require any person paying the salary to deduct from any payment of salary Subsequent to the date of Such requisition any Such amount or any portion thereof as may be specified in the requisition and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Government or the company or the Corporation) as the case may be:		14. Further mode of recovery.- If the person refusing or failing to pay any of the amounts referred to in section 13 is in receipt of any salary, the estate officer may, notwithstanding the issue of a certificate to the Collector under the said section, require any person paying the salary to deduct from any payment of salary Subsequent to the date of Such requisition any Such amount or any portion thereof as may be specified in the requisition and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Government or the company or the Corporation) as the case may be:

	Provided that any part of the salary exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908), shall be exempted from any requisition made under this section.		Provided that any part of the salary exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908), shall be exempted from any requisition made under this section.
			<br>
	Explanation:- For the purposes of this section, "Salary" includes,-		Explanation:- For the purposes of this section, "Salary" includes,-
			<br>

	(i) Wages		(i) Wages

	(ii) Any annuity or pension;		(ii) Any annuity or pension;
	{{Create}}		{{Create}}