Chapter VI Chapter VI

(1) If the Estate Officer is satisfied - (a) that any person authorised to occupy any premises of the Authority has,- (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months; or (ii) sublet, without the permission of the Estate Officer, the whole or any part of such premises; or (iii) otherwise acted in contravention of any of the terms expressed or implied, under which he is authorised to occupy such premises; or (b) that any person is in unauthorised occupation of any premises of the Authority; or (c) that any person has not vacated any premises which has been resumed under Section 45; the Estate Officer may, notwithstanding anything contained in any law, for the time being in force, by notice served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed order that, 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 a period of thirty days from the date of the service of the notice: Provided that no such order shall be passed unless such person has been afforded an opportunity to show cause as to 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 Estate Officer 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 sub-clause (iii) of clause (a) of sub-section (1), within a period of thirty days from the date of service of the notice or within such longer time as the Estate Officer may allow, pays the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the Estate Officer, as the case may be, the Estate Officer shall in lieu of evicting such person under sub-section (2) cancel his order made under sub-section (2) 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.

Where any person is in unauthorised occupation of any premises of the Authority, the Estate Officer may in the prescribed manner, assess such damages on account of the use and occupation of the premises as he may deem fit and may by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the damages within such time not being less than thirty days as may be specified in the notice and 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 arrear of land revenue.

(1) Any person aggrieved by an order of the Estate Officer under Section 46 or Section 47 may within a period of thirty days from the date of the service of notice under Section 46 or Section 47, as the case may be, prefer an appeal to the Competent Authority: Provided that the Competent Authority may entertain the appeal after the expiry of the said period of thirty days, if it 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 Competent Authority may stay the enforcement of the order of the Estate Officer for such period and on such conditions, as it deems fit. (3) Every appeal under this section shall be disposed of by the Competent Authority as expeditiously as possible.