Cap. 228 Art. 3Compulsory eviction.

(1) The Commissioner, if it appears to him to be necessary or expedient to do so, may in his absolute discretion order the compulsory eviction of any person from any land which is occupied by such person without any title or on encroachment terms or where, in respect of land that may from time to time be specified in terms of article 2 of the Commissioner of Land Ordinance, the time-period specified in a contract conferring title has lapsed and the removal therefrom of any movable effects, within a specified period of time to be stated in the order, and may for the purpose give such directions as appear to him necessary so that any such order may be put into effect with the least possible delay:

Provided that the provisions of article 535 of the Civil Code shall not be applicable to eviction orders issued in accordance with subarticle (1): Provided further that an eviction order so issued shall not constitute an arbitrary exercise of pretended rights in terms of article 85 of the Criminal Code.

(2) When the identity of the evictee is unknown, the order shall be addressed to the ‘occupant’ and such order is deemed served once it is fixed on the land.

(3) If the occupier of any such land does not comply with the order within the period of time so specified, the Commissioner may instruct any Police officer, to take such steps and to use such force as appear to him reasonably necessary for securing compliance with the order and with any directions given under subarticle (1) and for the removal from such land of any movable effect existing therein. In giving such instructions the Commissioner may also provide that the Police officer may be assisted by an officer of the Government Property Department or by any other person and will not be held responsible for their safe custody, and the removal of such movable effects shall be carried out at the complete risk and expense of the evictee: Provided that before the removal of such movable effects an inventory of such effects shall be made and such inventory shall be signed by the Commissioner or his representative and by a Police officer: Provided further that the evictee shall be liable to refund any expenses which may have been incurred by the government directly or in connection with the eviction.