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Section 40: Allotment of accommodation

The Chhattisgarh Accomodation Control Act, 1961State Act of Chhattisgarh · Act 41 of 1961

The Collector [or the authorised officer] shall as far as possible allot accommodation under sub-Section (2) of Section 39 in accordance with the following principles :

(1) The accommodation shall be allotted in the following order of priority:

(i) persons holding office of profit under the Union or the State Government;

(ii) persons in the service of a local authority, Madhya Pradesh Electricity Board, Board of Secondary Education, Madhya Pradesh, or such other body corporate as may be specified by the State Government by notification.

(2) If the accommodation was occupied by a person holding an office of profit for the Union or the State Government, it shall be allotted to his successor:

Provided that for reasons to be recorded in writing, it may be allotted to any other person who is not a successor of the previous occupant.

[40A. Special provision of allotment during emergency. - (1) In this Section 'Proclamation of Emergency' means a Proclamation issued under clause (1) of Article 352 of the Constitution of India.

(2) During the period a Proclamation of Emergency remains in force the members of the family of-

(i) a member of the naval, military, air or other armed forces of the Union on active duty; or

(ii) a civil Government servant who, during such period, takes up service in the aforesaid forces, may notwithstanding anything- contained in this Act, be allotted accommodation at a place to be specified by the member of the said forces or the civil Government servant, as the case may be, by the Collector having jurisdiction over the said place or the authorised officer, if the accommodation is vacant or is likely to fall vacant and the said Collector or the authorised officer, as the case may be, may direct the landlord to put the members of the family in whose favour the accommodation has been allotted in possession of such accommodation and the landlord shall place such members of the family in possession thereof immediately, if the accommodation is vacant or as soon as it becomes vacant.

(3) Tenancy of any person who has been allotted accommodation under this Section shall terminate on the expiry of a period of one year from the date, the Proclamation of Emergency ceases to be in force].

Where this provision sits

ActThe Chhattisgarh Accomodation Control Act, 1961
Section40
Marginal noteAllotment of accommodation
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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