Section 40 in The Jammu and Kashmir Housing Board Act, 1976
40. 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)subject, without the permission of the Board, the whole or any part of such premises, or(iii)committed, or is committing any act contrary to the provisions of clause (o) of section 108 of the Transfer of the Property Act, 1977, or(iv)made, or is making, material additions to or alteration in such premises without previous written permission of the Board, or(v)otherwise acted in contravention of any of the terms, express or implied, under which lie is authorised to occupy such premises ; and(b)that any person is in unauthorised occupation of any Board premises.the competent authority may, by notice served-(i)by post,(ii)by affixing a copy of it on the outer door or some other conspicuous part of such premises,(iii)in such other manner as may be prescribed,order that person as well as any other 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)Before an order under sub-section (1) is made against any person the competent authority shall inform the person by notice in writing of the grounds for which the proposed order is to be made and give him a reasonable opportunity of tendering an explanation and producing evidence, if any, and to show cause why such order should not be made, within a period to be specified in such notice. If such person makes an application to the competent authority for extension of the period specified in the notice, the competent authority may grant the same on such terms as to payment and recovery of amount claimed in the notice as he deems fit. Any written statement put in by such person and documents produced in pursuance of such notice shall be filed with the record of the case and such person shall be entitled to appear before the officer proceeding in this connection by the Advocate, Attorney or Pleader. Such notice in writing shall be served in the manner provided for service of notice under sub-section (1).(3)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 the purpose use such force as may be necessary.Explanation.- For the purposes of this section and section 41 the expression "authorised 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 been duly determined.
