Section 6 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971
- (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.]
Summary
- If someone leaves belongings behind after being evicted or having their building demolished, the estate officer can remove or auction those items.
- However, if the abandoned items are rotting or spoiling quickly, the officer can sell or dispose of them immediately without giving any notice.
- Money from an auction is first used to pay off any selling costs, unpaid rent, removal costs, or demolition expenses owed to the government.
- Any leftover money goes to the person who owned the items, but if there is a dispute about who gets it, a civil court will decide.
Practical examples
FAQ
1. Do I get the money if the government auctions my belongings?
Yes, the remaining balance will be paid to you, but the government will first deduct the sale expenses and any arrears of rent, damages, or costs you owe.
2. What if the property left behind is fresh food that will go bad in a few days?
If the property is subject to speedy and natural decay, the estate officer can sell or dispose of it immediately without giving any notice.
3. How will the public know about the auction of abandoned items?
The estate officer must publish the notice in at least one newspaper having circulation in the locality.
Test yourself
Q1.Under Section 6 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, how many days' notice must be given before auctioning non-perishable property left behind by evicted persons?
Q2.Under Section 6 and Section 5A of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what must an estate officer do before auctioning cattle removed under Section 5A?
Q3.Under Section 6 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, when is a notice NOT required to sell abandoned property?
Q4.Under Section 6 and Section 5B of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, how are the proceeds of a property sale distributed?
Q5.Under Section 6 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what happens if there is a dispute over who gets the leftover money from the auction?