Eviction of unauthorised occupants

Eviction of unauthorised occupants.—

1. (1) If the competent authority is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the competent authority shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.
2. (2) The notice shall—
   • (a) specify the grounds on which the order of eviction is proposed to be made; and
   • (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof.
3. (3) The competent authority shall cause the notice to be served by being affixed—
   • (a) on the outer door or some other conspicuous part of the public premises, and
   • (b) in such other manner as may be prescribed, whereby the notice is made known to all persons concerned.
4. (4) Where the competent authority knows or has reasons to believe that any persons are in occupation of the public premises, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.
5. (5) If, after considering the cause, if any, shown by any person in pursuance of a notice under this section and any evidence, he may produce in support of the same and after giving him a reasonable opportunity of being heard, the competent authority is satisfied that the public premises are in unauthorised occupation, the competent authority may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises.
6. (6) If any person refuses or fails to comply with the order of eviction within thirty days of the date of its publication under sub-section (5), the competent authority or any other officer duly authorised by the competent authority in this behalf may evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary.