Section 34 in Hindu Religious Institutions and Charitable Endowments Act, 1997
34. Arrears of rent due to a Notified Institution.
(1)Where any person is in arrears of rent due to a notified institution, in respect of any building, the Assistant Commissioner may, by order require that person to pay the same within such time as may be specified in the order.(2)Where any person is or has at any time been in unauthorised occupation of any building belonging to a notified institution, the Assistant Commissioner may having regard to such principles of assessment of damage as may be prescribed, assess the damage on account of the unlawful use and occupation of such building if any, may, by order require that person to pay the damages within such time as may be specified in the order :Provided that no such order shall be made until after issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice why an order should not be made and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Assistant Commissioner.(3)If any person refuses or fails to pay the arrears payable under sub-section (1) or the damages payable under sub¬section (2) within the time specified in the order relating thereto, the Assistant Commissioner may issue a certificate for the amount due to the Deputy Commissioner of the District, who shall proceed to recover the same as an arrears of land revenue.(4)Any person aggrieved by the order of the Assistant Commissioner under sub-sections (1) or (2) may within thirty days from the date of receipt of such order appeal to the Deputy Commissioner having jurisdiction :Provided that an appeal filed after the expiry of the said period of thirty days may be entertained if the appellate authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.(5)Where an appeal is preferred under sub-section (4) the enforcement of the order appealed against shall not be stayed unless the appellant has deposited an amount equal to fifty percent of the rent or damage, as the case may be, determined by the Assistant Commissioner under sub-sections (1) or (2).(6)The Deputy Commissioner may after holding such enquiry as he deems fit pass orders in appeal which shall be final and shall not be called in question in any suit, application or other proceeding before any Court or other authority.
