section 29
Power to evict person
The Meghalaya State Housing Board Act, 1986Infrastructure198660 sections6 chapters
Chapter IV ACQUISITION AND DISPOSAL OF LAND
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.
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