Section 3B of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971
1[3B. Eviction from residential accommodation.-- (1) Notwithstanding anything contained in section 4 or section 5, if the estate officer has information that any person, who was granted residential accommodation occupation, is in unauthorised occupation of the said residential accommodation, he shall--
- (a)forthwith issue notice in writing calling upon such person to show cause within a period of three working days why an order of eviction should not be made;
- (b)cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the said residential accommodation, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been served upon such person.
- (2)The estate officer shall, after considering the cause, if any, shown by the person on whom the notice is served under sub-section (1) and after making such inquiry as it deems expedient in the circumstances of the case, for reasons to be recorded in writing, make an order of eviction of such person.
- (3)If the person in unauthorised occupation refuses or fails to comply with the order of eviction referred to in sub-section (2), the estate officer may evict such person from the residential accommodation and take possession thereof and may, for that purpose, use such force as may be necessary.]
Summary
- This rule applies specifically to evicting people from residential accommodation.
- It bypasses the standard slow eviction processes in Sections 4 and 5.
- The estate officer issues a written notice demanding the person show cause within three working days why they should not be evicted.
- The notice is served by sticking it on the outer door or a visible part of the residence.
- After considering any reply, the officer writes down the reasons and orders eviction. If ignored, the officer can use necessary force to remove the person.
Practical examples
FAQ
1. How much time does someone in residential accommodation get to reply to the notice?
They get a period of three working days.
2. How will the person receive this notice?
It will be affixed on the outer door or some other conspicuous part of the residential accommodation.
3. Can the officer use physical force to remove the person from the home?
Yes, if the person refuses to comply with the eviction order, the estate officer can use such force as may be necessary.
Test yourself
Q1.Under Section 3B of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, how many days does a person have to show cause against the eviction order?
Q2.Under Section 3B of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, how must the show-cause notice generally be served?
Q3.Under Section 3B of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, how does Section 3B interact with the rules in Section 4 and Section 5?
Q4.Under Section 3B of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what must the estate officer do after considering the cause shown by the person?
Q5.Under Section 3B of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what power does the estate officer have if the person refuses to comply with the eviction order?