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Section 3: Cancellation of allotment

The Bihar Government Premises (Rent Recovery and Eviction) Act, 1956State Act of Bihar · Act 20 of 1956

If any Government premises is required for any public purpose, the competent authority may, notwithstanding anything contained in any other law for the time being in force, cancel the allotment under which such premises, is held or occupied by a person.

Provided that before cancelling the allotment under this section, the competent authority shall require such person to show cause within fifteen days why the allotment should not be cancelled.

4. Power to evict-certain persons from Government premises- Notwithstanding anything to the contrary contained in any law for the time being in force, if the competent authority is satisfied-

(a) that the person authorized to occupy any Government premises has, whether before or after the commencement of this Act-

(i) sub-let, without the permission of the State Government or of the competent authority, the whole or any part of such premises; or

(ii) committed or is committing such acts of waste as are likely to affect materially the value or utility of the premises; or

(iii) otherwise acted in cocntravention of any of the terms, express or implied, under which he is authorized to occupy such premises;

(b) that any person is in unauthorized occupation of any Government premises – the competent authority may, by notice served by registered post or 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 the premises within 1[One Week] of the date of the service of the notice and if any person refuses or fails to comply with such order, the competent authority may evict that person from, and take possession of the premises and may for that purpose use force as may be necessary :

2[Provided that if within one week of the service of notice on him, the person concerned files a show cause, the competent authority shall consider and shall pass such order thereon, as he may consider necessary, and if the show cause is rejected, necessary steps for eviction of the person concerned may be taken]

Where this provision sits

ActThe Bihar Government Premises (Rent Recovery and Eviction) Act, 1956
Section3
Marginal noteCancellation of allotment
JurisdictionState of Bihar
StatusIn force as published by the source

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