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State of Tamilnadu - Section

Section 84 in Tamil Nadu State Housing Board Act, 1961

84. 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)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 unauthorized occupation of any Board premises, the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served (i) by registered 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, order that the person authorised to occupy 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 and served in the manner provided for service of notice under sub-section (1) is made against any person, the grounds for which the proposed order is to be made and give him a reasonable opportunity for tendering and an explanation and producing evidence, if and to show cause why such order hold not be made within a period to be specified in such notice.
(3)The competent authority may on application. It extension of the period specified in such notice such terms as to payment and recovery of the amount claimed in the notice as he deems fit.
(4)Any written statement put in by such person I documents produced in pursuance of such notice shall be field With the records of the case, and such notice shall be entitled to appear in the proceeding either in person or by pleader.
(5)If any person refuses or fails to comply with order made under sub-section (1) the competent authority may evict that person from, and take from and take possession of, the premises and may for that purpose use such force as may be necessary.
(6)If a person, who has been ordered to vacate lay premises under sub-clause (i) or (iii) of clause (a) of sub-section (i) within one month of the date of service of the notice or such longer time as the Impotent authority may allow, pays to the Board the rent in arrears or carries out or otherwise Implies with the terms contravened by him to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (5), cancel its order made under sub-section (1), and thereupon such person shall hold the premises on the same terms which he held them immediately before such notice was served on him.Explanation. - For the purposes of this section and section 85, the expression unauthorized 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 was pa duly determined.