Enforcement of the order made under section 51.

The Tamil Nadu Vanniyakula Kshatriya Public Charitable Trusts and Endowments (Protection and Maintenance) Act, 2018

Civil201891 sections

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Statutory text

(1) Where the person, ordered under sub-section (3) of section 51 to remove any encroachment, omits or fails to remove such encroachment, within the time specified in the order or, as the case may be, fails to vacate the land, building, space or other property to which the order relates, within the time aforesaid, the Chief Administrative Officer may apply to the Judicial Magistrate within the local limits of whose jurisdiction the land, building, space or other property is situate for evicting the encroacher, and, thereupon, such Judicial Magistrate shall make an order directing the encroacher to remove the encroachment, or as the case may be, vacate the land, building, space or other property and to deliver possession thereof to the concerned trustee or administrator and in default of compliance with the order, remove the encroachment or, as the case may be, evict the encroacher from the land, building, space or other property and may, for the purpose, take such police assistance as may be necessary. (2) (a) Any person who, on or after the commencement of this Act, continues to be in occupation, otherwise than by a lawful possession of a land belonging to a charitable trust or endowment shall be guilty of an offence under this Act. (b) Whoever contravenes the provisions of clause (a) shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which may extend to five thousand rupees. (c) No Court shall take cognizance of an offence punishable under clause (b) except on the complaint in writing of the Chief Administrative Officer. (d) No offence punishable under clause (b) shall be inquired into or tried by any Court inferior to that of a Judicial Magistrate of the first class.

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