Section 8 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971
An estate officer shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:--
- (a)summoning and enforcing the attendance of any person and examining him on oath;
- (b)requiring the discovery and production of documents;
- (c)any other matter which may be prescribed.
Summary
- When an estate officer holds an inquiry under this Act, they are granted the same powers as a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit.
- The officer has the power to summon any person, force them to attend the inquiry, and examine them under oath.
- The officer can also order people to discover and produce documents needed for the inquiry, along with any other matters that may be prescribed by rules.
Practical examples
FAQ
1. Does the estate officer have the same power as a regular judge during an inquiry?
Yes, for the purpose of holding an inquiry, the estate officer has the same powers as a civil court under the Code of Civil Procedure, 1908.
2. Can an estate officer force me to hand over my private paperwork?
Yes, if the paperwork is relevant to the inquiry, the officer has the power to require the discovery and production of documents.
3. Do I have to swear an oath if I am called to speak to the estate officer?
Yes, the estate officer has the power to summon people and examine them on oath.
Test yourself
Q1.Under Section 8 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, which law grants civil court powers to the estate officer?
Q2.Under Section 8 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what can an estate officer do regarding witnesses?
Q3.Under Section 8 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what power does the estate officer have concerning documents?
Q4.Under Section 8 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, when does the estate officer get to use these civil court powers?
Q5.Under Section 8 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, is the list of powers limited only to summoning people and requesting documents?