New sub-clause (iv) added vide H.

P. Act No. 9 of 1983.

4 THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND (EVICTION AND RENT

RECOVERY) ACT, 1971 3. Unauthorized occupation of public premises.- For the purposes of this Act, a person shall be deemed to be in unauthorised occupation of any public premises-

1. (a) where he has whether before or after the commencement of this Act entered into possession thereof otherwise than under and in pursuance of any allotment, lease or grant; or
2. (b) where he, being an allottee, lessee or grantee, has by reason of the determination or cancellation of his allotment, lease or grant in accordance with the terms in that behalf therein contained, ceased, whether before or after the commencement of this Act, to be entitled to occupy or hold such public premises; or
3. (c) where any person authorised to occupy any public premises has, whether before or after the commencement of this Act
   • (i) sub-let in contravention of the terms of allotment, lease or grant, without the permission of the State Government or of any other authority competent to permit such sub-letting the whole or any part of such public premises, or
   • (ii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such public premises. Explanation.-For the purposes of clause (a) a person shall not merely by reason of the fact that he has paid any rent be deemed to have entered into possession as allottee, lessee or grantee. 4. Issue of notice to show cause against order of eviction.- (1) If the Collector is of opinion that any persons are in unauthorised occupation of any public premises situate within his jurisdiction and that they should be evicted, the Collector shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.

1. (2) The notice shall-
   • (a) specify the grounds on which the order of eviction is proposed to be made; and
   • (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises, to show cause, if any, against the proposed

order on or before such date as is specified in the notice,

being a date not earlier than ten days from the date of issue thereof.

1. (3) The Collector shall cause the notice to be affixed on the outer door or some other conspicuous part, of the public premises, or of the estate in which the public premises are situate, and in such other manner as may be

THE HIMACHAL PRADESH PUBLIC PREMISES AND LAND (EVICTION AND RENT 5

RECOVERY) ACT, 1971 prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned.

1. (4) Where the Collector knows or has reasons to believe that any persons are in occupation of the public premises, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.