Bare Act
Chapter IV ACQUISITION AND DISPOSAL OF LAND
Infrastructure198660 sections6 chapters
Chapter IV ACQUISITION AND DISPOSAL OF LAND
28. Power to purchase or lease by agreement.
Statutory text
- (1) The Board may enter into an agreement with any person for the acquisition by purchase, lease, exchange or otherwise of any land or any interests therein which is needed for the purpose of Housing Schemes and such agreement may provide for compensation the owners thereof.
Chapter IV ACQUISITION AND DISPOSAL OF LAND
29. Power to evict person
Statutory text
- (1) Notwithstanding anything to the contrary containing in any other law for the time being in force, if the competent authority is satisfied-
- (a) that the person authorised to occupy any Board premises-
- (i) has not paid rent lawfully due from him in respect of the premises for a period of more than two months, or
- (ii) has sublet without the permissions of the Board the whole or any part of the premises, or
- (iii) has otherwise acted in contravention of any of the terms and conditions 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, by notice served upon the person or persons in occupation of the premises by registered post or otherwise or by affixing a copy of the notice on the outer door or some other conspicuous part of the premises, order that the person as well as any other person who may be in occupation of the whole or any part of the said premises vacate them within one month from the date of the service of the notice.
- (a) that the person authorised to occupy any Board premises-
- (2) Before an order under sub-section (1) is made against any person, the competent authority 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 the notice.
- (3) The competent authority may, on application and for sufficient cause shown, grant extension of the period specified in the notice served under sub-sections (1) or (2) as it deems fit.
- (4) Any written statement put in by such person and documents produced in pursuance of such notice shall be filed with the records of the case, and such person shall be entitled to appear in the proceedings either in person or by an authorised agent or by a pleader.
- (5) If any person refuses or fails to comply with the order made under sub-section (1), the competent authority may evict that person from and take possession of the premises and may, for that purposes, use such force as may be necessary.
- (6) If any person who has been ordered to vacate any premises under sub-clauses (i) or (iii) of clause (a) of sub-section (l) within one month 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 areas or carries out or otherwise complies with the terms and conditions contravened by him to the satisfaction of the competent authority, the competent authority shall, in lieu of eviction of such person under the section, cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms and conditions on. Explanation: For the purpose of this Section and Sections 30 the expression Un-authorised Occupation in relation to any person authorised to occupy any Board premises includes the continuance in occupation by him or by any person claiming through or under him beyond the period of authorised occupation.
Chapter IV ACQUISITION AND DISPOSAL OF LAND
30. Power to recover rent, loan or damages as arrears.
Statutory text
- (1) Subject to rules made by the Government in this behalf and without prejudice to the provisions of section 29, where any person is in arrears of rent payable in respect of any Board premises, or is in arrears of repayment of any loan or interest under any Housing Scheme, the competent authority may, by notice served in the manner laid down in sub-section (1) of Section 29, order that person to pay the same within such time not being less than fifteen days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent, loan or interest, as the case may be, within the time specified in the notice, such arrears may be recoverable from him as an arrears of land revenue.
- (2) Where any person is in unauthorised occupation of any Board premises, the competent authority may, in the prescribed manner, asses the damages on account of the use and occupation of the premises and may, by notice served-
- (a) by registered post or otherwise, or
- (b) by affixing a copy of the notice on the outer day or some other conspicuous part of such premises, or
- (c) in such other manner as may be prescribed, order that person to pay the damage 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 shall be recoverable from him as arrears of land revenue.
- (3) No order under sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling on him to show cause within such period as may 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.
Chapter IV ACQUISITION AND DISPOSAL OF LAND
31. Appeal
Statutory text
Any person aggrieved by an order of the competent authority either under Section 29 or 30 may, within one month from the date of service of such order, prefer an appeal to the Meghalaya Board of Revenue: Provided that the Board of Revenue may entertain the appeal after the expiry of the said period of one month, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time
Chapter IV ACQUISITION AND DISPOSAL OF LAND
32. Rent to be recovered by deduction from salary or wages in certain cases.
Statutory text
- (1) Without prejudice to the provision of Section 29 or 30, where any person who is an employee of the Central or State Government , a Local Authority, District Council or of a Private Employer has been allotted with any Board premises he may execute an agreement in favour of the Board to the effect that the Central or State Government, the Local authority, District Council or Private Employer, as the case may be, under or by whom he is employed, shall be competent to deduct from that 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 from him in respect of the Board Premises allotted in him.
- (2) On the execution of such agreement, the Central or State Government, the Local Authority, District Council or Private Employer 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 in accordance with the agreement and pay the amount so deducted to the Board.
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