section 49
(1) If the competent authority is satisfied,
The ARUNACHAL PRADESH HOUSING BOARD ACT, 2014Power to n ict persons (a) that the person authorised to occupy any ©VI° Board premises has— from Board 5 y premises. (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months ; or (ii) sublet, without the permission of the Board the whole or any part of such premises ; or (iii) otherwise acted in contravention of any of the terms, expressed or implied, under which he is authorised to occupy such premises ; or 216 (b) thatany person is in unauthorised occupation of any Board premises; the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, order that person as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate them within one month from the date of the service of the notice : Provided that no such order shall be passed unless the person has been afforded an opportunity to show cause why such order should not be made. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict that person from, and take possession of the premises and may for that purpose use such force as may be necessary. (3) Ifa person, who has been ordered to vacate any premises under sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (1), within thirty days of the date of service of the notice or such longer time as the competent authority may allow, pays to the Board the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (2), cancel its order made under sub-section (7) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him. Power to 50. (1) Subject to any rules made by the State recover Government in this behalf and without prejudice rent, loan or to the provisions of section 48, where any person damages as is in arrears of rent payable in respect of any Board arrears of premises or arrears of instalments payable in land respect of any loan advanced by the Board for revenue. construction, reconstruction or repair of a house 217 the competent authority may, by notice served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the same within such time not being less than thirty days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent or the arrears of instalments of loan within the time specified in the notice, such arrears may be recovered as arrears of land revenue. (2) Where any person is in unauthorised occupation of any Board premises, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit, and may by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the damage within such time not being less than thirty days as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as per the provisions of law.
- (a) that the person authorised to occupy any ©VI° Board premises has— from Board 5 y premises.
- (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months ; or
- (ii) sublet, without the permission of the Board the whole or any part of such premises ; or
- (iii) otherwise acted in contravention of any of the terms, expressed or implied, under which he is authorised to occupy such premises ; or 216
- (b) thatany person is in unauthorised occupation of any Board premises; the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, order that person as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate them within one month from the date of the service of the notice : Provided that no such order shall be passed unless the person has been afforded an opportunity to show cause why such order should not be made.
- (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict that person from, and take possession of the premises and may for that purpose use such force as may be necessary.
- (3) Ifa person, who has been ordered to vacate any premises under sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (1), within thirty days of the date of service of the notice or such longer time as the competent authority may allow, pays to the Board the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (2), cancel its order made under sub-section (7) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him. Power to 50. (1) Subject to any rules made by the State recover Government in this behalf and without prejudice rent, loan or to the provisions of section 48, where any person damages as is in arrears of rent payable in respect of any Board arrears of premises or arrears of instalments payable in land respect of any loan advanced by the Board for revenue. construction, reconstruction or repair of a house 217 the competent authority may, by notice served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the same within such time not being less than thirty days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent or the arrears of instalments of loan within the time specified in the notice, such arrears may be recovered as arrears of land revenue.
- (2) Where any person is in unauthorised occupation of any Board premises, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit, and may by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the damage within such time not being less than thirty days as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as per the provisions of law.
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