Insertion of Chapter IXA to Guj. VI of

In the principal Act, after section 193, the following Chapter and sections shall be inserted, namely :—

"CHAPTER IXA. POWER TO EVICT PERSONS FROM PREMISES BELONGING TO PANCHAYATS. Power to certain persons in panchayat premises. 193 A.

1. (1) If a panchayat is satisfied—
   • (a) that the person authorised to occupy any premises belonging to it (hereinafter referred to as "the panchayat premises") as a tenant or otherwise 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 panchayat, the whole or any part of such premises, or
     • (iii) 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 panchayat premises, the panchayat 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, 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 of the date of service of the notice.
2. (2) Before an order under sub-section
3. (1) is made against any person the panchayat shall inform the person by notice in writing of the grounds on which the proposed order is to be made and give him a reasonable opportunity of tendering an explanation and producing evidence, if any, and to show cause why such order should not be made, within a period to be specified in such notice. If such person makes an application to the panchayat for extension of the period specified in the notice the panchayat may grant the same on such terms as to payment and recovery of the amount claimed in the notice as it deems fit. Any written statement put in by such person and documents produced in pursuance of such notice shall be filed with the record of the case and such person shall be entitled to appear before the panchayat by advocate, attorney or pleader. Such notice in writing shall be served in the manner provided for service of notice under sub-section (1).
4. (3) If any person refuses or fails to comply with an order made under sub-section (1), the officer authorised by the panchayat in this behalf may evict that person from, and take possession of, the premises and may for that purpose use such force as may be necessary.
5. (4) If a person, who has been ordered to vacate any premises on the grounds mentioned in sub-clause
   • (i) or
   • (iii) of clause
   • (a) of sub-section
6. (1) within one month of the date of service of the notice or such longer time as the panchayat may allow, pays to the panchayat, the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the panchayat, the panchayat shall, in lieu of evicting such person under sub-section (3), cancel its order made under sub-section
7. (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 193B, the expression "unauthorised occupation", in relation to any person authorised to occupy any panchayat 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. Power to recover rent as arrears of revenue. 193B.
8. (1) Subject to any rules made by the State Government in this behalf, without prejudice to the provisions of section 193 A, where any person is in arrears of rent payable in respect of any panchayat premises, the panchayat may, 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 such person to pay the same within such time not being less than ten days as may be specified in the notice. If such person refuses or fails to pay, the arrears of rent within the time specified in the notice, such arrears may be recovered as arrears of land revenue.
9. (2) Where any person is in unauthorised occupation of any panchayat premises, the panchayat 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
   • (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 to pay the damages within such time 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 arrears of land revenue.
10. (3) No order shall be made under sub-section
11. (2) until after the issue of a notice in writing to the person calling on him to show cause, within a reasonable period to be specified in such notice, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same have been considered by the panchayat. Recovery of dues from certain cases. 193C.
12. (1) Without prejudice to the provisions of section 193 A any person who has been allotted any panchayat premises and is an employee of the State Government or a local authority may execute an agreement in favour of the panchayat providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer such amount as may be specified in the agreement and to pay the amount so deducted to the panchayat in satisfaction of the rent due by him in respect of the panchayat premises allotted to him.
13. (2) Notwithstanding anything contained in any law for the time being in force, on the execution of such agreement, the State Government or, as the case may be, the local authority shall, if so required by the panchayat by a requisition in writing".