(1) If the competent authority is satisfied—
(a) that the person authorised to occupy any Corporation premises has-
(i) not paid the rent lawfully due from him in respect of such premises for period of more than two months; or 12
(ii) sub-let, without the permission of the Corporation, the whole or any part of such premises; or
(iii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises; or
(b) that any person is in unauthorised occupation of the Corporation premises;
the competent authority may, notwithstanding anything contained in the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968 (25 of 1968), by notice served by registered post, or by affixing a copy of it on the outer door of the building or some other conspicuous part of such premises, or in such other manner as may be prescribed, order that the person authorised to occupy as well as any other person who is in occupation of the whole or any part of the premises shall vacate them within one month of the date of the service of the notice.
(2) Before an order under sub-section (1) is made against any person the competent authority shall inform the person, by notice in writing and served in the manner provided for service of notice under sub-section (1), of the grounds on which the proposed order is to be made and give him a reasonable opportunity to offer an explanation and to produce evidence, if any, and to show cause within a period to be specified in such notice why such an order should not be made.
(3) The competent authority may, on application, grant extension of the period specified in such notice on such terms as to payments and recovery of the amount claimed in the notice as he deems fit.
(4) Any written statement put in by such persons and the documents produced in pursuance of the notice shall be filed before the competent authority and such persons shall be entitled to appear before him either in person or by pleader.
(5) If any person refuses or fails to comply with an order made under sub-section
(1), the competent authority may evict that person from and take possession of, the premises and may for that purpose use such force as may be necessary.
(6) If any person who has been ordered to vacate any premises under sub-clause (i) or (ii) of clause (a) of sub-section (1), within one month of the date of service of the notice or such longer time as the competent authority may allow, pays to the Corporation the rent in arrears or carries out or otherwise comply with the terms contravened by him to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such persons under sub-section (5), cancel its order made under sub-section
(1), and thereupon such persons shall hold the premises on the same terms on which he held them immediately before such notice was served on him.
Explanation.— For the purpose of this section, the expression “unauthorised occupation” in relation to any person authorised to occupy any Corporation premises, includes the continuance of occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined.
13 1[(7) If the competent authority has taken possession of the premises under subsection (5) and the person has failed to make any outstanding payment to the Corporation, the competent authority shall issue a notice calling upon him to make the payment and in case the person fails to do so within the time allowed by the competent authority, the Kerala Industrial Infrastructure Development Corporation shall take such action as deemed necessary on the assets of the industrial unit including transfer of undertaking along with the assets to another willing purchaser after conducting a valuation of assets by an independent approved valuer and sell the assets for realisation of the dues to the Corporation.
Note 1:— For the purpose of this sub-section, the expression “industrial unit” means any industrial unit established by an entrepreneur or allottee under an agreement with the Corporation in the land owned by the Corporation.
Note 2:— For the purpose of this sub-section, the expression “undertaking” means any building, plant and machinery or any other assets of the industrial unit established by an entrepreneur or allottee under an agreement with the Corporation in the land owned by the Corporation.]