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Section 42

Dusib Act 2010Union territory Act of Delhi · Act 7 of 2010

(1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 41 and any evidence produced by him in support of the same and after personal hearing, if any, given under clause (b) of sub-section (2) of 21 section 41, the Board is satisfied that the public premises are in unauthorized occupation, the Board may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order , by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises.

(2) If any person refuses or fails to comply with the order of eviction on or before the date specified in the said order or within fifteen days of the date of its publication under sub-section (1), whichever is later, the Board may, after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary.

Mode of recovery of certain dues.

43. All dues to the Board on account of any charges, costs, expenses, fees, rates, licence fee, damages or rent or on any other account under this Act or any rule or regulation made thereunder shall be recoverable from the person from whom such sum is due as arrears of land revenue.

Provided that no proceeding for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.

Revision.. 44. The Lieutenant Governor may, either suo moto or on an application, call for and examine the record of any proceedings or decision or order passed by the Board for the purpose of satisfying himself as to the legality or propriety of any decision or order passed, and, if in his opinion any such decision or order should be modified, annulled or revised, may, after giving the persons affected thereby an opportunity of being heard, pass such order thereon as he may deem fit:

Provided that every application to the Lieutenant Governor for the exercise of the powers under this section shall be preferred within ninety days from the date on which the proceeding, decision or order to which the application relates was communicated to the applicant.

Appeals.

Where this provision sits

ActDusib Act 2010
Section42
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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