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State of West Bengal - Section

Section 8 in The Murshidabad Estate (Management Of Properties) And Miscellaneous Provisions Act, 1980

8. Issue of notice to show cause against order of eviction of unauthorised occupants of any premises included in Estate properties. -

(1)If the Estate Manager is of opinion that any persons are in unauthorised occupation of [any premises or other immovable properties included in the Estate properties (hereinafter referred to as the premises or other immovable properties)] [Words and brackets substituted for the words and brackets 'any premises included in the Estate properties (hereinafter referred to as the premises)' by W.B. Act 11 of 1996.] and that they should be evicted, the Estate Manager shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.
(2)The notice shall-
(a)specify the grounds on which the order of eviction is proposed to be made; and
(b)require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, 5[the premises or other immovable properties,] to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof.
(3)The Estate Manager shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of [the premises or other immovable properties,] [Words substituted for the words 'the premises,' by W.B. Act 11 of 1996.] and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned.
(4)Where the Estate Manager knows or has reasons to believe that any persons are [in unauthorised occupation of the premises or other immovable properties,] [Words substituted for the words 'in occupation of the premises,' by W.B. Act 11 of 1996.] then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.
Section 9 substituted by W.B. Act 11 of 1996. which was earlier as under:-9. Eviction of unauthorised occupants.- (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 8 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Estate Manager is satisfied that the premises are in unauthorised occupation, the Estate Manager may. on a date to be fixed for the purpose, make an order of eviction, for reasons to be recorded there in, directing that the premises shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the premises.(2) If any person refuses or fails to comply with the order of eviction within thirty days of the date of its publication under sub-section (1), the Estate Manager or any other officer duly authorised by the Estate Manager in this behalf may evict that person from, and take possession of, the premises and may, for that purpose, use such force as may be necessary.