Liability of unauthorised occupant to summary eviction, forfeiture of crops, etc

1. (1) Liability of unauthorised occupant to summary eviction, forfeiture of crops, etc .-Any person unauthorisedly occupying any land for which he is liable to pay a fine under section 7 and an assessment or prohibitory assessment under section 8 may be summarily evicted by the Collector, and any crop or other product raised on the land shall be liable to forfeiture, and any building or structure erected or anything deposited thereon shall also, if not removed by him after such written notice as the Collector may deem reasonable, be liable to forfeiture. Forfeiture under this section shall be adjusted by the Collector and any property so forfeited shall be disposed of as the Collector may direct.
2. (2) Mode of eviction .-An eviction under this section shall be made in the following manner, namely:-By serving a notice on a person reputed to be in occupation or his agent requiring him within such time as the Collector may deem reasonable after receipt of the said notice to vacate the land, and if such notice is not obeyed by removing or deputing a sub-ordinate to remove any person who may refuse to vacate the same, and, if the officer removing any such person shall be resisted or obstructed by any person, the Collector shall hold a summary enquiry into the facts of the case, and, if satisfied that the resistance or obstruction still continue, may issue a warrant for the arrest of the said person, and on his appearance may send him with a warrant in the form of the Schedule for imprisonment in the Civil Jail of the district for such period not exceeding 30 days as may be necessary to prevent the continuance of such obstruction or resistance: Provided that no person so committed or imprisoned under this section shall be liable to be prosecuted under sections 183, 186 and 188 of the Indian Penal Code in respect of the same facts.
3. (3) Notwithstanding anything contained in sub-section (2), where the Collector is of opinion in any case falling under sub-section
4. (1) that it is expedient in the public interest to take urgent action without following the procedure laid down in sub-section
5. (2) he may, after recording his reasons for so doing issue a notice to the person in occupation calling upon him to vacate the land within such period as may be specified in the notice, and if the land is not vacated within the said period, any officer authorised by the Collector may enter upon the land and take possession of the same, if necessary by using such force as the circumstances may justify.) Prior notice to occupant, etc .-The Collector shall, before passing an order under this Act, give notice to the occupant or other person likely to be affected by the order, and record any statement which such occupant or person may make and any evidence which he may adduce within a reasonable time; and all orders passed by the Collector under this Act shall be in writing and under his hand. ( Provided that no such notice shall be necessary-
   • (i) when the Collector takes action under sub-section
6. (3) of section 11; or
   • (ii) in the case of any person unauthorisedly occupying any land which is the property of Government, if, within a period of two years prior to the date of such occupation, he had been evicted from such land under section 11 or had vacated such land voluntarily after the receipt of a notice under this section or section 11.) (The Collector may require any subordinate officer not below the rank of Deputy Tahsildar or any other officer authorised by the Government in this behalf to hold the enquiry as prescribed in the preceding paragraph and submit the record to him; and on such record the Collector may pass orders.) For the purpose of section 199 of the Indian Penal Code the proceedings taken by the Collector under this section shall be deemed to be judicial proceedings.

¹² Prior notice to occupant, etc