Bare ActsThe Assam State Housing Board Act, 1972

Section 54

(1) If the competent authority is satisfied- (a) that the person authorised to occupy · any Board premises has, (d

Amendment status not verified — confirm the current text below against the official source.

(1) If the competent authority is satisfied- (a) that the person authorised to occupy · any Board premises has, (d.) not paid rent lawfully due from him in res- pect of such premises for a period of more than two months, or (ii) sub-let, without the permission of the Board, , .' the whole or any part of such premises, or (iii) committed, or is committing any acL com- trary to the provisions of clause (o) of section 108 of the Transfer of Property Act, 1882, or (iv) made, or is making, material additions to or alterations, in such premises without the previous written permission of the Board or . ' (v) otherw1ise 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 au· th?rd.ty :nay, notwithstanding anything con- tamed m any law for the time being in 26 - ~ force, by notice served (i) by post, or (ii) by affixing a copy of !it on the outer dcior or " some other conspicuous part of such pre- mises, 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 of the date of the service of the notice. (2) Before an order under sub-section (1) is made against any person the competent authority shall in- form the person by notice in writing of the grounds for which the proposed order is to be made and give him a reasonable opportunity of tendering an explana- ~ion and producing evidence, if any, and to show cause why such order should not be made, within a period to be specified in such notice. If such person makes an application to the competent authority for extension of the period specified in the notice, the competent authority may grant the same on such terms as to pay- ment and recpvery of the amount claimed in the notice as he deems fit. Any written statement put in by such person and documents produced in pursuance of such notice shall be filed with the record of the case and such person shall be entitled to appear before the Officer proceeding in this connection by advocate, at- torney or pleader. Such notice in writing shall be ser- ved in the manner provided for service of notice under sub-section (1). (3) If any person refuses or fails to comply with ~n order made under sub-section (1), the competent authority may evict that person from, and take posses- sion of, the premises and may for that purpose use rnch force as may be necessary. ( 4) If 2 person, who has been ordered to vacate <my premises under sub-clause (i) or (v) of clause (a) of sub-section (1) within one month of the date of ser- vice of the nojce or such longer time as the compete:1.t authonity may allow, pays to the Board the rent in arrears or carries out or otherwise complies with the terms contravened by him, to the satisfactbn of the competent authority, as the case may be, the competent ::i.uthor!ty shall, in lieu of evicting such person under sub-section (3), 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 rimmediately before such notice was served on him 0 27 Explanation.- For the purposes of this section and section 55 the expression "unauthorized occupation". in relation to any person authorized to occupy any Board premises, includes the continuance in occupation by him or by any person claiming tt:rough or un~er him of the premises after the authomty under which he was allowed to occupy the premises has been duly determined. l'owe! to recove r

Section 54 – The Assam State Housing Board Act, 1972 | DailyLaw.ai