Panchayat:Repo18/vol2-page0309

date of its publication under sub-section (1), the estate officer or any other officer duly authorised by him in this behalf may evict that person from, and take possession of, the public building and may, for that purpose, use such force as may be necessary. 6. Disposal of property left in public building by unauthorised occupants.- (1) Where any persons have been evicted from any public building under section 5, the estate officer may, after giving fourteen days' notice to the persons from whom possession of the public building has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public action any property left by such persons in Such building. (2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses of the sale and the amount, if any, due to the Government or the local authority, or the company or the corporation, as the case may be, on account of rent payable in respect of the public building or damages payable under sub-section (2) of section 8 or costs awarded under sub-section (5) of Section 10, 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 amounts 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. 7. Liability of unauthorised occupant to pay damages.- Any person who is, or has at any time been, in unauthorised occupation of any public building, shall be liable to pay for the whole period of such occupation, such damages on account of the use and occupation of such building as may be assessed by the estate officer having regard to such principles of assessment of damages as may be prescribed. 8. Power to recover rent and damages in respect of public buildings.- (1) Where any person is in arrears of rent payable in respect of any public building, the estate officer may, by order, require that person to pay such damages within such time and in Such installments as may be specified in the Order. (2) Where any person is liable to pay damages under section 7, the estate officer may, by order require that person to pay such damages within such time and in such installments 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 produced by him in support of the same, have been considered by the estate officer. 9. Power of estate Officers.- An estate officer shall, for the purpose of holding any inquiry under this Act, 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 documents; (c) any other matter which may be prescribed. 10. Appeals.- (1) An appeal shall lie from any order of the estate officer made in respect of any public building under section 5 or section 8 to the Collector of the District in which the public building is situate. (2) An appeal under sub-section (1) shall be preferred, (a) in the case of an appeal from an order under section 5, within fifteen days from the date of publication of the order under sub-section (1) of that section; and (b) in the case of an appeal from any order under section 8, within fifteen days from the date on which the order is communicated to the appellant; Sec. 10 THE KERALA PUBLIC (EVICTION OF...) ACT, 1968 309 date of its publication under sub-section (1), the estate officer or any other officer duly authorised by him in this behalf may evict that person from, and take possession of, the public building and may, for that purpose, use such force as may be necessary. 6. Disposal of property left in public building by unauthorised occupants.- (1) Where any persons have been evicted from any public building under section 5, the estate officer may, after giving fourteen days' notice to the persons from whom possession of the public building has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public action any property left by such persons in Such building. (2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses of the sale and the amount, if any, due to the Government or the local authority, or the company or the corporation, as the case may be, on account of rent payable in respect of the public building or damages payable under sub-section (2) of section 8 or costs awarded under sub-section (5) of Section 10, 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 amounts 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. 7. Liability of unauthorised occupant to pay damages.- Any person who is, or has at any time been, in unauthorised occupation of any public building, shall be liable to pay for the whole period of such occupation, such damages on account of the use and occupation of such building as may be assessed by the estate officer having regard to such principles of assessment of damages as may be prescribed. 8. Power to recover rent and damages in respect of public buildings.- (1) Where any person is in arrears of rent payable in respect of any public building, the estate officer may, by order, require that person to pay such damages within such time and in Such installments as may be specified in the Order. (2) Where any person is liable to pay damages under section 7, the estate officer may, by order require that person to pay such damages within such time and in such installments 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 produced by him in support of the same, have been considered by the estate officer. 9. Power of estate Officers.- An estate officer shall, for the purpose of holding any inquiry under this Act, 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 documents; (c) any other matter which may be prescribed. 10. Appeals.- (1) An appeal shall lie from any order of the estate officer made in respect of any public building under section 5 or section 8 to the Collector of the District in which the public building is situate. (2) An appeal under sub-section (1) shall be preferred, (a) in the case of an appeal from an order under section 5, within fifteen days from the date of publication of the order under sub-section (1) of that section; and (b) in the case of an appeal from any order under section 8, within fifteen days from the date on which the order is communicated to the appellant; Sec. 10 THE KERALA PUBLIC (EVICTION OF...) ACT, 1968 309 date of its publication under sub-section (1), the estate officer or any other officer duly authorised by him in this behalf may evict that person from, and take possession of, the public building and may, for that purpose, use such force as may be necessary. 6. Disposal of property left in public building by unauthorised occupants.- (1) Where any persons have been evicted from any public building under section 5, the estate officer may, after giving fourteen days' notice to the persons from whom possession of the public building has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public action any property left by such persons in Such building. (2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses of the sale and the amount, if any, due to the Government or the local authority, or the company or the corporation, as the case may be, on account of rent payable in respect of the public building or damages payable under sub-section (2) of section 8 or costs awarded under sub-section (5) of Section 10, 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 amounts 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. 7. Liability of unauthorised occupant to pay damages.- Any person who is, or has at any time been, in unauthorised occupation of any public building, shall be liable to pay for the whole period of such occupation, such damages on account of the use and occupation of such building as may be assessed by the estate officer having regard to such principles of assessment of damages as may be prescribed. 8. Power to recover rent and damages in respect of public buildings.- (1) Where any person is in arrears of rent payable in respect of any public building, the estate officer may, by order, require that person to pay such damages within such time and in Such installments as may be specified in the Order. (2) Where any person is liable to pay damages under section 7, the estate officer may, by order require that person to pay such damages within such time and in such installments 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 produced by him in support of the same, have been considered by the estate officer. 9. Power of estate Officers.- An estate officer shall, for the purpose of holding any inquiry under this Act, 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 documents; (c) any other matter which may be prescribed. 10. Appeals.- (1) An appeal shall lie from any order of the estate officer made in respect of any public building under section 5 or section 8 to the Collector of the District in which the public building is situate. (2) An appeal under sub-section (1) shall be preferred, (a) in the case of an appeal from an order under section 5, within fifteen days from the date of publication of the order under sub-section (1) of that section; and (b) in the case of an appeal from any order under section 8, within fifteen days from the date on which the order is communicated to the appellant;

ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്.