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State of Gujarat - Section

Section 4 in The Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972

4. Issue of notice to show cause against order of eviction.

(1)If the competent officer is satisfied-
(a)that the person authorised to occupy any public premises has-
(i)not paid rent lawfully due from him in respect of such premises for a period of more than two months, or
(ii)sub-let without the permission of the State Government or, as the case may be, the corporate authority, the whole or any part of such premises, or
(iii)committed, or is committing such acts of waste as are likely to diminish materially the value, or impair substantially the utility, of the premises, or
(iv)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 public premises, or
(c)that any public premises are required for any other purpose of the State Government, or as the case may be, the corporate authority to whom such premises belong, the competent officer shall, notwithstanding anything contained in any other law for the time being in force issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.
(2)The notice shall-
(a)specify the grounds on which the order of eviction is proposed to be made; and
(b)require all persons concerned, that is to say, all person who are, or maybe, in occupation of or claim interest in, the public premises, to show cause, if any, against the proposed order on or before such date as may be specified in the notice, being a date not earlier than ten days from the date of issue thereof.
(3)The competent officer shall cause the notice to be served by post or by having it affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all person concerned.
(4)Where the competent officer knows or has reason to believe that any person are in occupation of the public premises, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.
(5)If any person makes an application to the competent officer for extension of the period specified in the notice, the competent officer may grant the same on such terms as to payment and recovery of the amount claimed in the notice, as it deems fit.