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Section 38: When tourism unit operator may recover possession

The Himachal Pradesh Tourism Development and Registration Act, 2002State Act of Himachal Pradesh · Act 15 of 2002

(1) Notwithstanding anything contained in this Act a tourism unit operator shall be entitled to recover possession of the accommodation provided by him on obtaining an order from the prescribed authority to the effect that:-

(a) the lodger has been guilty of a conduct which constitutes a nuisance or annoyance to any other lodger; or

(b) the lodger has failed to pay the accommodation charges; or

(c) the lodger has failed to vacate the accommodation on termination of the period of the agreement in respect thereof:

Provided that before issuing an order under this section, the prescribed authority may conduct a summary enquiry and shall pass an appropriate order in a summary manner:

Provided further that any party aggrieved by an order of the prescribed authority may prefer an appeal before the District Magistrate of the concerned district who shall dispose it of in a summary manner.

(2) If the lodger against whom the order has been passed under subsection (1) does not comply with the said order, the prescribed authority may take assistance from the police for the implementation of the order and every police officer shall render the assistance for the implementation of the said order.

Where this provision sits

ActThe Himachal Pradesh Tourism Development and Registration Act, 2002
Section38
Marginal noteWhen tourism unit operator may recover possession
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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