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Section 54

The Assam State Housing Board Act, 1972State Act of Assam · Act 1 of 1974

(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 <m y premises under sub-clause (i) or (v) of clause (a) of sub-sect ion (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 arr ears 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 sect ion 55 the expression "unauthorized occupation".

in relation to any person authorized to occupy any Board premises, includes the continuance in occupation by h im 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'o we! to recove r 55. (1) Subj ect to any rules made by the State Go­ rent or damages vernment in this behalf and without prejudice to the as arrears of land provisions of section 54 where any person is in arrears revenue. of r ent payable in respect of any Board premises, the competent authority may , by notice served (i) by post, or (iii) by affixing a copy of it on the outer door or some other conspicuom' par t of such premises, or (iU) in such other manner as may be prescribed, order that person to pav the same within such time not less than fifteen days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent w~thin the time specified in the notice, such arrears may be reco­ vered as arrears of land revenue.

Rent to be recover t d from deductions from salary of wages in certain cues.

(2) Where any person is in unauthorised occupa­ tion of any Board premises, the competent authority m ay, in the manner, and having regard to the princi­ ples of assessment of damages, prescribed in this behalf, assess such damages on account of the use and occupation of the premises as it may deem fit, and may by notice served (i) by post, (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that person to pay the damages with­ in such time as may be specified in the notice. If any person refuses or fails to pay the damages within the t ime specified in the notice, the damages may be reco­ vered from him as arrears of land revenue.

(3) No order shaU be made under sub-section (2) until after the service of a notice in writing to the per­ son calling on him to .show cause, within a reasonable per iod to be specified in such notice, why such order should not be m ade, and until his objections, if any, and any evidence he may produce in support of the same have been considered bv the competent autho­ r.it y .

Where this provision sits

ActThe Assam State Housing Board Act, 1972
Section54
JurisdictionState of Assam
StatusIn force as published by the source

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