Section 31A in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
31A. [ Special procedure for disposal of certain applications. [Section 31-A was inserted by Gujarat 7 of 1985, Section 4.]
(1)The State Government may, by notification in the Official Gazette, appoint as many persons as it thinks fit as competent authority for the purpose of exercising the powers conferred, and performing the duties imposed on the competent authority under this section and shall define the local limits within which any competent authority so appointed shall exercise such powers and perform such duties.(2)A person shall not be qualified for appointment as a competent authority unless he had held a judicial office for at least five years or has been practising as an advocate or pleader for atleast seven years.(3)Notwithstanding anything to the contrary contained in this Act, an application for eviction on the ground specified in Section 13-AA shall be made to the competent authority which shall deal with the application in accordance with the procedure laid down in this section.(4)The competent authority shall issue summons, in relation to every application referred to in sub-section (3), in the form specified in Schedule IV.(5)(a)The competent authority shall, in addition to, and simul-taneously with, the issue of summons for service on the tenant, also direct the summons to be served by registered post (acknowledgement due), addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of the summons in a news paper circulating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain.(b)When an acknowledgement purporting to have been signed by the tenant or his agent is received by the competent authority or the registered article containing the summons is received back with an endorsement, purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the competent authority may declare that there has been a valid service of summons.(6)The tenant, on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in Schedule IV shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the competent authority as hereinafter provided and in default of his appearance in pursuance of the summons or his obtaining such leave the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid.(7)The competent authority shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises on the ground specified in Section 13-AA.(8)Where leave is granted to the tenant to contest the application, the competent authority shall commence the hearing of the application as early as practicable.(9)The competent authority shall, while holding an inquiry in a proceeding to which this section applies, follow the practice and procedure of a Court of Small Causes, including the recording of evidence.(10)No appeal shall lie against an order for the recovery of possession of any premises made by the competent authority in accordance with the procedure specified in this section:Provided that High Court may, for the purpose of satisfying itself that an order made in any case by the competent authority under this section is according to law, call for the record of that case and pass such order in respect thereto as it thinks fit.(11)Where no application has been made to the High Court for revision, the competent authority may exercise the powers of review in accordance with the provisions of Order XLVII of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908).(12)If any person refuses or fails to comply with the order of the eviction within thirty days of the date on which it has become final the competent authority or any other officer duly authorised by such competent authority in this behalf, may evict that person from and take possession of, the premises and deliver the same to the landlord and for that purpose, use such force as may be necessary.(13)In respect of an application for eviction on the ground specified in Section 13-AA made to the competent authority the provisions of Section 17 shall apply as if for subsections (1) and (2) the following sub-sections had been substituted, namely,-"(1) Where an order for eviction has been made by the competent authority under Section 13-AA and the, premises are not occupied or the premises are re-let within one year from the date the specified landlord or the successor-in-interest recovers possession, to any person other than the original tenant, the competent authority may on the application of the original tenant made within 13 months of such date order the specified landlord or the successor-in-interest to place the original tenant in occupation of the premises on the original terms and conditions, and on such order being made the specified landlord or the successor-in-interest or any person who may be in occupation of the premises shall give vacant possession to the original tenant.(2)Any specified landlord or the successor-in-interest who recovers possession under Section 13-AA and keeps the premises unoccupied and any specified landlord or successor-in-interest or other person in occupation of the premises who fails to comply with the order of the competent authority under sub-section (1) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both."(14)Save as otherwise provided in this section, the procedure for the disposal of an application for eviction on the ground specified in Section 13-AA shall be the same as the procedure laid down for the disposal of application by the Court.]
