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Section 52

The Telangana Housing Board Act, 1956.State Act of Telangana · Act 46 of 1956

(1) If the competent authority is satisfied:-

(a) that the person authorised to occupy any Board premises has whether before or after the commencement of this Act-

(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months, or

(ii) sublet, without the permission of the Board, 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 any Board premises, the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that such person as well as any other Decision of Tribunal to be final.

Power to evict certain persons from Board premises.

36 [Act No. XLVI of 1956] person, who may be 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) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may after giving such person a reasonable opportunity of being heard confirm such order and evict that person from, and take possession of the premises and may for that purpose use such force as may be necessary.

56[(2-A) Where the Board premises are required by the Board for its use, the competent authority may, notwithstanding anything in any other law for the time being in force in this regard by notice served in the manner laid down in sub-section (1), order that every person who is in occupation of the said premises shall vacate the said premises and shall deliver possession thereof to the Board, within the time specified in the notice. If any person refuses or fails to comply with any such order of the competent authority, the person in occupation of the premises shall be deemed to be in unauthorised occupation thereof, and thereupon the competent authority may, after giving the person who is in such unauthorised occupation an opportunity of making his representation confirm the said order and evict him from, and take possession of, the premises and may for that purpose use such force as may be necessary.]

(3) If a person, who has been ordered to vacate any premises under sub-clause (i) or (iii) of clause (a) of subsection (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 Board the rent in arrears or carries out or otherwise complies with the terms contravened by him to

56. Inserted by Act No.18 of 1971.

[Act No. XLVI of 1956] 37 the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (2), cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.

Where this provision sits

ActThe Telangana Housing Board Act, 1956.
Section52
JurisdictionState of Telangana
StatusIn force as published by the source
Judgments citing it1

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