Power of Custodian to take possession of evacuee property vested in him.

(1) If any person in possession of any evacuee property refuses or fails on demand to surrender possession thereof to the Custodian or to any person duly authorised by him in this behalf, the Custodian may use or cause to be used such force as may be necessary for taking possession of such property and may for this purpose, after giving reasonable warning (and reasonable facility to any woman who by custom or usage will not appear in public, to withdraw), remove or break open any lock bolt or any door or do any other act necessary for the said purpose. (2) Where it becomes necessary to use force, the Custodian may, with the approval of Government requisition the aid of the Police and in such cases, every officer of the Police shall be bound to render such assistance as may be required by the Custodian. (3) No such force as is referred to in sub-section (2) shall be used against any person who, as on the 30th day of June 2000, is in occupation of a dwelling house situated on evacuee property vested in the Custodian under the principal Act. (i) Where a notice has been duly served on the occupant or holder of the property under Rule 6 and the possession is not delivered, as required, the officer who issued the notice or any other officer, not below the rank of a Deputy Custodian, may issue a warrant of eviction or seizure in Form No. 4. One copy of the warrant shall be forwarded to the officer-in-charge of the Police Station within the territorial limits of which the property concerned is for the time being to be found or such other officer as may be in-charge of carrying out evictions or seizures, who shall forthwith take steps to effect the eviction or seizure with the use of such force as may be necessary. (ii) Every Police Officer to whom a warrant of eviction or seizure is sent for execution shall submit a weekly report to the Senior Superintendent of Police having jurisdiction and a copy thereof to the Custodian giving details of number of warrants entrusted to, as well as executed by him together with such other particulars as may be necessary. (iii) A register of warrants shall be maintained by the Custodian and such register shall contain the following particulars: (a) Name of owner. (b) Description of property. (c) Name of the person against whom the warrant is to be executed. (d) Date of issue and service of surrender notice. (e) The final result. (1) On the determination of purchase price by the Custodian under the preceding rule, the tenant or occupant shall have the option to deposit the purchase price either in lumpsum or in twenty equal annual instalments. (2) The first instalment of the purchase price shall be paid by the tenant or occupant within thirty days from the date of allotment order and the subsequent instalment shall be paid within a period of one year from the date on which the previous instalment was due. (3) Where the purchase price is payable in lumpsum under sub-rule (1), the lumpsum shall be paid within a period of six months from the date of allotment order. (4) The Government may vary the period of payment, laid down under this rule, in cases or class of cases wherever Government feels appropriate. (5) Where the tenant or occupant fails to intimate his willingness within the period specified in Rule 5 or having intimated his willingness fails to pay lumpsum or first instalment, the tenant or occupant shall be deemed to have relinquished his right to purchase the property and he shall forthwith forfeit all his rights, title and interest in the property and the same shall be offered to any other person as per the rules. (6) Where the tenant or occupant deposits the first instalment but fails to pay any subsequent instalment within the due date, the Custodian may, at his discretion decide either to grant him extension of time limit as may be considered reasonable with the previous approval of the Government and the amount in default shall carry interest at the rate of six per cent per annum: Provided that nothing shall prevent the Custodian to recover the defaulted amount together with any interest due as arrears of land revenue.