Section 193A in Gujarat Panchayats (Third Amendment) Act, 1963
193A.
(1)If a panchayat is satisfied-(a)Power certain sons panchayat permit.- that the person authorised to occupy any premises belonging to it (hereinafter referred to as "the panchayat premises") as tenant or otherwise 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 panchayat, the whole or any part of such premises, or(iii)acted in contravention of any of the terms, express or implied under which lie is authorised to occupy such premises, or(b)that any person is in unauthorised occupation of any panchayat premises, the panchayat 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, on (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 service of the notice.(2)Before an order under sub-section (1) is made against any person the panchayat shall inform the person by notice in writing of the grounds on 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 panchayat for extension of the period specified in the notice the panchayat may grant the same on such terms a to payment and recovery of the amount claimed in the notice as it 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 panchayat by advocate, attorney on 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 officer authorised by the panchayat in this behalf may evict that person from, and take possession of, the premises and may for that purpose use such force as may be necessary.(4)If a person, who has been ordered to vacate any premises on the grounds mentioned in sub-clause (i) or (ii) of clause (a) of sub-section (1) within one month of the date of service of the notice or such longer time as the panchayat may allow, pays to the panchayat, the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the panchayat, the panchayat 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 which notice was served on him.Explanation.-For the purposes of this section and section 193B, the expression "unauthorised occupation", in relation to any person authorised to occupy any panchayat 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.
