Eviction from the premises

The Orissa Industrial Housing Act, 1966

Infrastructure196623 sections

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Statutory text

(1) If the Housing Commissioner is satisfied that-
- (a) the person authorised to occupy any house-
  - (i) has not executed an agreement under section 11 and is in arrears of rent or other charges in respect of a period of two months or more lawfully due from him in respect of such house, or
  - (ii) has sub-let, the whole or any part of such house, or
  - (iii) has otherwise acted in contravention of any of the terms express or implied, under which he is authorised to occupy such house, or
- (b) any person is in unauthorised occupation of any house, he 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 house, or
  - (iii) in such other manner as may be prescribed: require such person, as well as any other person who may be in occupation of the whole or any part of the house, to vacate it within one month of the date of the service of the notice : Provided that an industrial worker where question of services is under dispute between the employer and employee as a subject-matter of an adjudication before an Industrial Tribunal as defined in the Industrial Disputes Act, 1947 is not liable to be evicted.
(2) If any person refuses, or fails to comply with the notice served under sub-section (1), the Housing Commissioner may order eviction of that person from, and take possession of, the house and may for that purpose authorise the use of such reasonable force as may be necessary.
(3) A copy of the order made under sub-section
(2) shall be served upon the person against whom such order is made.
(4) If a person, who has been ordered to vacate any house under sub-clause
- (i) or
- (iii) of clause
- (a) of sub-section
(1) pays, within one month of the date of service of the notice or such longer time as the Housing Commissioner may allow, to the Housing Commissioner the rent or other charges in arrears or carries out or otherwise complies with the terms contravened by him, to the satisfaction of the Housing Commissioner, he may, instead of evicting such person cancel his order under sub-section
(1) and thereupon such person shall hold the house on the same terms as those on which he held it immediately before such notice was served and on such other terms and conditions which may be laid down by the Housing Commissioner.

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