section 41
Power to recover rent or damages as arrears of land revenue.
The Jammu and Kashmir Housing Board Act, 1976Infrastructure197668 sections
Statutory text
- (1) Subject to any rules made by the Government in this behalf and without prejudice to the provisions of section 40 where any person is in arrears of rent payable in respect of any Board premises, the competent authority 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 same within such time not 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.
- (2) Where any person is in unauthorised occupation of any Board premises, the competent authority may in the manner, and having regard to the principles of assessment of damages, prescribed in this behalf 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 may be recovered from him as arrears of land revenue.
- (3) No order shall be made under sub-section (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 competent authority.
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