Mode of evicting unlawful occupant.

Mode of evicting unlawful occupant. Whenever a Collector may desire to evict, under the provisions of this Act or any other law, any person having unlawful occupation of any land, such eviction shall be made in the following manner:-

(1) a notice shall be served on the unlawful occupant requiring him to vacate the land within a fixed period from the date of receipt of the notice;

(2) if it is not obeyed such person shall be evicted from the land by force;

(3) if such eviction is resisted and obstructed by any person, the Collector may hold before him a summary inquiry into the case and if satisfied after inquiry into the facts of the case that the resistance or obstruction was without any just cause and that such resistance and obstruction continues, shall issue a warrant for the arrest of the said person and keep him in custody in the office of the district, or Tahsil or send him with a warrant for imprisonment in the Civil Jail of the district for a period not exceeding thirty days, as may be necessary to prevent the obstruction and resistance.

Explanation:- Nothing in this section shall prevent proceedings against such person under the Indian Penal Code, 1860.