Manner of eviction

Manner of eviction.—(1) Where any person fails or refuses to vacate and deliver vacant possession of the demised plot under section 5, the Competent Authority shall serve an order of eviction in the manner prescribed on the person in occupation of the demised plot or on his agent requiring him to vacate and deliver possession thereof within such time as may be specified in such order and after receipt of such order the person in occupation of the demised plot shall vacate the same and deliver possession thereof to the Competent Authority within such time as may be specified in such order.

1. (2) Where the person in occupation of the demised plot or portion thereof fails or refuses to vacate the demised plot or portion thereof within the time specified in the order under sub-section (1), the Competent Authority may take possession of the demised plot from the person in occupation thereof and where any such Competent Authority is resisted in the exercise of such power or discharge of such duty, he may direct any Police Officer not below the rank of a Sub-Inspector to render such assistance as may be necessary, to enable the Competent Authority to exercise such power or discharge such duty.
2. (3) Where a structure has been constructed on the demised plot, possession of which is to be taken under this Act and the same is found locked, the Competent Authority may either cause the premises sealed or in the presence of two or more witnesses break or cause it to be broken open by its door, gate or other barriers and enter the premises : Provided that—
   • (a) where any structure is forced open, an inventory of the articles found in the premises shall be taken in the presence of two or more witnesses;
   • (b) where any person has been evicted from the demised plot under sub-section
3. (2) of Section 6, the Competent Authority may after giving thirty days notice to the person from whom possession of the demised plot has been taken 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 demised plot;
   • (c) where any property is sold under clause (b), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the State Government or any other authority on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the Competent Authority to be entitled to the same.