45. Power to evict certain persons from Board premises.
(1)If the competent authority is satisfied-(a)that the person authorised to occupy any Board 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 Board the whole or any part of such premises ; or(iii)made, or is making, material additions to, or alterations in such premises without the previous written permission of the Board ; 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 Board premises, he 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, other than such person as well as any other person who may be in occupation of the whole or any part of the promises, shall vacate them within one month from the date of the service of the notice :Provided that no such order shall be passed unless the person has been afforded an opportunity to show-cause why such order should not be made.(2)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 reasonable force as may be necessary.(3)If a person, who has been ordered to vacate any premises under Sub-clause (i) or (iv) of Clause (a) of Sub-section (1) pays, within thirty days of the date of service of the notice or such longer time as the competent authority may allow, to the Board the rent in arrears or, as the case may be, carries out or otherwise complies with the terms contravened by him to the satisfaction of the competent authority, he shall, instead of evicting such person under Sub-section (2) cancel the order made under Sub-section (1) and thereupon such person shall hold the premises on the same term on which he held them immediately before such notice was served on him.Explanation - For the purposes of this section and Section 46, the expression "unauthorised occupation", in relation to any person authorised to occupy any Board premises, includes the continuance in 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 expired or has been duly determined.
