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State of Jammu-Kashmir - Section

Section 5 in The Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988

5. Eviction of unauthorised occupants.

- [(1) If after a person who has been served with a notice to produce proof or evidence under section 4 fails to produce any such proof or evidence within the stipulated period, or if after considering the proof or evidence, if any, produced by him, the Estates Officer is satisfied that the public premises is in unauthorized occupation, the Estates Officer shall make an order of eviction for reasons to be recorded therein directing that the public premises shall be vacated, on such date as may be specified in the order, by such person or all such 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 public premises.] [Substituted by Act No. 7 of 2016, dated 23.7.2016.]
(2)If any person refuses or fails to comply with the order of eviction on or before the date specified in the said order or within seven days of the date of its publication under sub-section (1), whichever is later, the estate officer or any other officer duly authorised by the estate officer in this behalf may after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person from and take possession of, the public premises and may, for the purpose, use such force as may be necessary.