Section 4 in Maharashtra Government Premises (Eviction) Act, 1956
4. Power to evict.
(1)If the competent authority is satisfied -(a)that the person authorised to occupy any Government premises, has whether before or after the commencement of this Act,-(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 the whole or any part of such premises, without the permission of the State Government, or the competent authority, or the officer who has or in whose name the premises are taken on behalf of the State Government, or any other officer designated by the State Government in this behalf, or] [Paragraph (ii) was substituted for the original by Maharashtra 12 of 1969, Section 3(a).](iia)[ 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] [Sub-clause (iia) was inserted by Bombay 62 of 1959, Section 5(a).](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 unauthorised occupation of any Government premises, or(c)that any Government premises named are required for any other Government purposes,the competent authority, may, [* * *] [The words 'notwithstanding anything contained in any law for the time being in force' were deleted by Maharashtra 12 of 1969, Section 3(b).] 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, order that, 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 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.The notice shall -(a)specify the ground on which the order of eviction is proposed to be made; and(b)require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the Government premises, to show cause, if any, against the proposed order, on or before such date as is specified in the 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 the amount claimed in the notice, as it deems fit.Any written statement put in by any person and documents produced in pursuance of the 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 advocate, attorney or pleader.The notice to be served under this sub-section shall be served by having it affixed on the outer door or on some conspicuous part of the premises, and in such manner as may be prescribed; and thereupon the notice shall be deemed to have been duly given to all persons concerned.] [Sub-section (2) was substituted for the original by Bombay 62 of 1959, Section 5(b).](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 that purpose use such force as may be necessary.(4)The [competent authority] [These words substituted for the words 'State Government' by Bombay 62 of 1959, Section 5(c) and (d).] may, after giving fourteen clear days' notice to the person from whom possession of the Government premises has been taken under sub-section (3) and after publishing such notice in the Official Gazette and in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises. Such notice shall be served in the manner provided for service of notice under sub-section (1).(5)Where the property is sold under sub-section (4), the sale proceeds shall, after deducting the expenses of sale, be paid to such person or persons as may appear to the [competent authority] [These words substituted for the words 'State Government' by Bombay 62 of 1959, Section 5(c) and (d).] to be entitled to the same :[Provided that, where the competent authority is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he shall refer such dispute to a Civil Court of competent jurisdiction, and the decision of the Court thereon shall be final.] [This proviso was inserted by Bombay 62 of 1959, Section 5(d).](6)If a person who has been ordered to vacate any Government premises for the reasons specified in sub-clause (i) or (iii) of clause (a) of sub-section (1) within one month of the date of service of the notice or such longer time as the competent authority may allow, pays to the said competent authority the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the said competent authority, as the case may be, the said competent authority shall in lieu of evicting such person under sub-section (3), cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.Explanation. - For the purposes of this section and section 5, the expression "unauthorised occupation" in relation to any person authorised to occupy any Government 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.
