Bare ActsThe Kerala Industrial Infrastructure Development Act,1993(3 of 1993)

Section 22

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Powet lo evbt persons lrom Co(Wrulion Premis€s - ( 1 ) It lhe competent aulhority is satisfied - (a) thal th€ person ajfpdsed lo @rpy any Corpaatbn prer[s€s has - {i} not pat b\€ rsot lawlully dua frorn him in r6pecl of $ch premises ba a psfi]d of ,norB than tvvo months; or (ii) sub-let, without lhe pemisilon o{ the Corporation, the wtlole or any part of sucfi premises: or (iii) Otherwise acted in conlra\€nlim of any of the lefi|s, express o. inplied, riifer whk$ he b axhodsed to occr.py $cfi p.emises; o. (b) lhat any person is in unautprised occupation ot the Corpo.ation premises: 10 the comp€tent authority may, notwithslanding anrhing contained in the Kerala Public Buildings lEvicliofl ol Unaulhorised Occupants) Act, i969 (25 ol 1968). by notice served by regisleled post, or by affixing a. copy of it on the outer door ol lhe buildi4g or some othet consricuous part of such premises, ot in such other rnanner as may be presarib€d, ordet that the person aulhorised to occupy as tvell as any other persofl wtro is in ocdjpation of the wtlole or any part of the promises shall vacate them with one rnonth of the date of the service ot th€ notice. (2) Before an order under suEssction (f) b rEde against any person, the compelenl authodly shall inftlfm the p€rson, by nolics in writing arld served in .tho maoner plol/ided b servica of notico undor sub- .section (1), of ths gtounds on t$bh tho proposod ord€r is to be made and give him.a roasonabl€ oppotlunity to ofter an exphnation and to produce evk enco. if any, and tosholY cause nithin a p€ri(, to be specilied in sudt ,ptioe why sucrl an o(d8r should not be made. (3) The competent authority may, oo aPplication, grant edonsion of the period specmed in such notice oo such terms as to payments and .ecovery of lhe amount daimed in the notie as he deems lit. (4) Any writlen statement put in by sutit persons and the documents produced in pursuance of the notice shall be liled before the competent authority and such persons shall be entilled to appear before him either in person or bY Pleader. (5) lf any ptson refusos or fails to corllply with an order made under sub-section ( t ), the competenl authodty may evicl thal person from and take possession of the premises and may for that purpose use such force as may be necessary. (6) lf any person who has been ordered to vacate any premises under sub-clause (i) or (ii) oI clause (a) o, suFs€ction (1) . wilhin one month of the dat8 of seoice ol the nolica or such longer time as the competenl authodty rnay aUolx, pays to lhe Corporation lhe ront in arears or carias ot.t o. otherrus€ cornply wilh lho t6ms contravsn€d by him to the satisfaction of lhe competsnt authority, as the cass may be, the competdnt aulhority shall, in lieu ot evicling such Prsons uMer suF seclion (5). cancel its order made under sub-section (1), and lhereupon suctr petsons shall hold th€ premises on tha sarne lerms on wht$ he held lhern immodialaly betote such notice was sbrv€d on him. 11 Explanalion -- For tha purpose of this seciion, thd expression "unauthoris€d occupation' in relation to any p€raon authdisod b oc@py any Cofporalio premises. includ€s th€ continuanco of occupalion by him or by any person claiming ttrqrgh or under him of th€ pr€mbo3 aier lhe aulhority under which he was allolf,od to occupy tho paemises ha3 bs6n duly detemin€d.

Section 22 – The Kerala Industrial Infrastructure Development Act,1993(3 of 1993) | DailyLaw.ai