Chapter VI POWER TO EVICT PERSONS FROM BOARD PREMISES.

Power to evict certain persons from Board premises. (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 (ia) not paid any of the instalments of loan due from him to the Board in respect of such premises for a period of more than two months from the due date, 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, 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) If a person, who has been ordered to vacate any premises under sub-clause (i) or (ia) or (iii) 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 any instalment of loan 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 (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.

Power to recover rent, damages, instalments of loan or other dues as arrears of land revenue. (1) Subject to any rules made by the State Government in this behalf and without prejudice to the provisions of section 45, where any person is in arrears of rent payable in respect of any Board premises or any arrears of instalment of loan or other dues payable to the Board, 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 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 arrears of instalments of loan or other dues within the time specified in the notice, such arrears may be recovered as arrears of land revenue or by distraint and sale of movable property of the defaulter, by such officer, in such manner and in accordance with such procedure as may be prescribed. (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 (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.

Rent to be recovered by deductions from salary or wages in certain cases. (1) Without prejudice to the provisions of section 45 any person who is an employee of the State Government or a local authority and who has been allotted any Board premises, may execute an agreement in favour of the State Government providing that the State Government or the local authority, as the case may be, under or by whom he is employed, shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent due by him in respect of the Board premises allotted to him. (2) On the execution of such agreement, the State Government or local authority, as the case may be, shall, if so required by the Board by requisition in writing, make the deduction of the amount specified in the requisition from the salary or wages of the employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board.

(1) Any person aggrieved by an order of the competent authority under section 45 or section 46, as the case may be, prefer an appeal to the District Judge of the District in which the premises of the Board are situated or such other judicial officer in that District of not less than ten years’ standing as the State Government may designate in this behalf: Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Where an appeal is preferred under sub-section (1), the appellate officer may stay the enforcement of the order of the competent authority for such period and on such conditions as he deems fit. (3) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.

Finality of orders. Save as otherwise expressly provided in this Act, every order made by a competent authority or appellate officer under this Chapter shall be final and shall not be called in question in any original suit, application or execution proceedings.