Power to evict certain persons from Board premises

Power to evict certain persons from Board premises.––

1. (1) If the competent authority is satisfied––
   • (a) that the person authorised to occupy any Board premises has––
     • (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months, or
     • (ii) sub-let, 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, express or implied, under which he is authorised to occupy such premises, or
   • (b) that any 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––
     • (i) by post, or
     • (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or
     • (iii) 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, to 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. (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. (3) If any property belonging to the evicted occupant is found deposited in the premises at the time of taking possession of the premises under sub-section (2), the competent authority shall take possession of such property, and after giving reasonable time to the owner to recover it, dispose it of by public auction and the Board shall not be liable to pay any compensation for the alleged loss on the property left behind by the evicted person. The net proceeds realised from disposal fo the property belonging to the evicted occupant shall be returned to him.
4. (4) If a person, who has been ordered to vacate any premises under sub-clause
   • (I) or sub-clause
   • (iii) of clause
   • (a) of sub-section
5. (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
6. (1) 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. Explanation:–– For the purposes of this section and section 62, the expression "unauthorised occupation", in relation to any person unauthorised to occupy any Board premises, includes the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined.