Section 6 in Tamil Nadu Land Encroachment Act, 1905
6. Liability of person unauthorisedly occupying land to summary eviction, forfeiture of crops, etc.
(1)Any person unauthorisedly occupying any land for which he is liable to pay assessment under section 3 [or section 3- A] [Inserted by section 4 of and the Second Schedule to, the Tamil Nadu Act 23 of 1960.] may be summarily evicted by the Collector, [or subject to his control, by the Tahsildar or Deputy Tahsildar or any other officer authorized by the State Government in this behalf (hereinafter referred to as the 'authorized officer')] [Inserted by section 3 of the Tamil Nadu Act 26 of 1965.] and any crop or other product raised on the land shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also, if not removed by him after such written notice as the Collector [or subject to his control, the Tahsildar or Deputy Tahsildar or authorized officer] [Inserted by section 3 of the Tamil Nadu Act 26 of 1965.] may deem reasonable, be liable to forfeiture. Forfeitures under this section shall be adjudged by the Collector [or subject to his control by the Tahsildar or Deputy Tahsildar or authorized officer] [Inserted by section 3 of the Tamil Nadu Act 26 of 1965.] and any property so forfeited shall be disposed of as the Collector [or subject to his control, the Tahsildar or Deputy Tahsildar or authorized officer] [Inserted by section 3 of the Tamil Nadu Act 26 of 1965.] may direct.(2)Mode of eviction. - An eviction under this section shall be made in the following manner, namely: - By serving a notice in the manner provided in section 7 on the person reputed to be in occupation or his agent requiring him within such time as the Collector [or the Tahsildar or Deputy Tahsildar or the authorized officer] [Inserted by section 3 of the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1965).] may deem reasonable after receipt of the said notice to vacate the land, and if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same, and if the officer removing any such person shall be resisted or obstructed by any person, the Collector [or the Tahsildar or Deputy Tahsildar or authorized officer] [Inserted by section 3 of the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1965).] shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction still continues, may issue a warrant for the arrest of the said person and on his appearance commit him to close custody in the office of the Collector [or of any Tahsildar or Deputy Tahsildar or authorized officer] [Substituted for the words 'or of any Tahsildar or Deputy Tahsildar' by section 3 of the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1965).] for such period not exceeding 30 days as may be necessary to prevent the continuance of such obstruction or resistance or may send him with a warrant in the form of the schedule for imprisonment in the civil jail of the district for the like period:Provided that no person so committed or imprisoned under this section shall be liable to be prosecuted under sections 183,186 or 188 of the Indian Penal Code, 1860 (Central Act XLV of 1860), in respect of the same facts.(3)[ Any authorized officer taking proceedings under this section shall make a report in writing containing such particulars as may be specified in rules or orders made under section 8 to the Collector, Tahsildar or Deputy Tahsildar having jurisdiction.] [Added by section 2 of the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1965).]
