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Section 55: Power of Eviction of lessee, licensee or mortgagee with possession in certain cases

The Hindu Religious Institutions and Charitable Endowments Act, 1997State Act of Karnataka · Act 33 of 2001

(1) Where the Assistant Commissioner is of the opinion that the lessee, licensee or mortgagee with possession of any land or building belonging to a Notified Institution or a Declared Institution has taken any action which has marred or is likely to mar the artistic appearance, aesthetic beauty or religious character of the Institution, the Assistant Commissioner shall cause to be served on the lessee, licensee or mortgagee concerned, a notice calling upon him to show cause why an order terminating the lease or licence or mortgage and directing delivery of possession to the Chairman, Manger, Executive Officer or other person concerned with the affairs of the Institution before a specific date, should not be made. A copy of the notice shall also be served on the Chairman, Manager, Executive Officer or other person of the Institution.

(2) After considering the objections, if any received from the lessee, licensee or mortgagee, the Assistant Commissioner may, if he decides that the artistic appearance, aesthetic beauty or the religious character has been marred or is likely to be marred by the action of the lessee, licence or mortgagee, by order terminate the lease or licence or mortgage and direct delivery of possession of the property to the Chairman, Manager or Executive Officer or other person managing the affairs of the Institution before a date to be specified in the order.

(3) Where before the date specified in the order under sub-section (2), the lessee, licensee or mortgagee has not delivered the provision of the property the Assistant Commissioner may take steps to recover and restore the property to the Institution under the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974.

Where this provision sits

ActThe Hindu Religious Institutions and Charitable Endowments Act, 1997
Section55
Marginal notePower of Eviction of lessee, licensee or mortgagee with possession in certain cases
JurisdictionState of Karnataka
StatusIn force as published by the source

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