6Disposal of property left on public premises by unauthorised occupants
(1) Where any persons have been evicted from any public premises under section 5 1 [or where any building or other work has been demolished under section 5B], the estate officer may, after giving fourteen days notice to the persons from whom possession of the public premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises.
1 [(1A) Where any goods, materials, cattle or other animal have been removed from any public premises under section 5A, the estate officer may, after giving fourteen days' notice to the persons owning such goods, materials, cattle or other animal and after publishing the notice in at least one newspaper having circulation in the locality, dispose of, by public auction, such goods, materials, cattle or other animal.
(1B) Notwithstanding anything contained in sub-section (1) and (1A), the giving or publication of any notice referred to therein shall not be necessary in respect of any property which is subject to speedy and natural decay, and the estate officer may, after recording such evidence as he may think fit, cause such property to be sold or otherwise disposed of in such manner as he may think fit.]
(2) Where any property is sold under sub-section (1), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the Central Government or the 2 [statutory authority] on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the estate officer to be entitled to the same:
Provided that where the estate officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and the decision of the court thereon shall be final.
1 [(2A) The expression "costs", referred to in sub-section (2), shall include the cost of removal recoverable under section 5A and the cost of demolition recoverable under section 5B.]
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1. Ins. by Act 61 of 1980, s. 7 (w.e.f. 20-12-1980).
2. Subs. by s. 2, bid., for "corporate authority" (w.e.f. 20-12-1980).
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Appointment of estate officers
- 3A Eviction from temporary occupation
- 3B Eviction from residential accommodatio
- 4 Issue of notice to show cause against order of eviction
- 5 Eviction of unauthorised occupants
- 5A Power to remove unauthorised constructions, etc
- 5B Order of demolition of unauthorised construction
- 5C Power to seal unauthorised constructions
- 6 Disposal of property left on public premises by unauthorised occupants
- 7 Power to require payment of rent or damages in respect of public premises
- 8 Powers of estate officers
- 9 Appeals
- 10 Finality of orders
- 11 Offences and penalty
- 11A Offences under section 11 to be cognizable
- 12 Power to obtain information
- 13 Liability of heirs and legal representatives
- 14 Recovery of rent, etc., as an arrear of land revenue
- 15 Bar of jurisdiction
- 16 Protection of action taken in good faith
- 17 Delegation of powers
- 18 Power to make rules
- 19 Repeal
- 20 Validation