Section 48 of The Arunachal Pradesh Housing Board Act, 2014 — The Board or any person aggrieved by a decision of Appeal to the
Bare section text
Official Legislative Text
the Tribunal may within three months from the date of High Court. the decision, or such further time as the High Court may for sufficient cause allow, appeal to the High Court and the High Court shall pass such orders on the appeal as it thinks fit.
CHAPTER - VI POWER TO EVICT PERSONS FROM BOARD PRE- MISES 49. (1) If the competent authority is satisfied, — Power to n ict persons
- (a)that the person authorised to occupy any ©VI° Board premises has— from Board 5 y premises.
- (i)not paid rent lawfully due from him in respect of such premises for a period of more than two months ; or
- (ii)sublet, 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, expressed or implied, under which he is authorised to occupy such premises ; or
- (b)thatany person is in unauthorised occupation of any Board premises; the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or 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 from the date of the service of the notice : Provided that no such order shall be passed unless the person has been afforded an opportunity to show cause why such order should not be made.
- (2)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.
- (3)Ifa person, who has been ordered to vacate any premises under sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (1), within thirty days of the date of service of the notice or such longer time as the competent authority may allow, pays to the Board the rent in arrears or carries out or otherwise complies 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 (2), cancel its order made under sub-section (7) 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. Power to 50. (1) Subject to any rules made by the State recover Government in this behalf and without prejudice rent, loan or to the provisions of section 48, where any person damages as is in arrears of rent payable in respect of any Board arrears of premises or arrears of instalments payable in land respect of any loan advanced by the Board for revenue. construction, reconstruction or repair of a house the competent authority may, by notice served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the same within such time not being less than thirty days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent or the arrears of instalments of loan within the time specified in the notice, such arrears may be recovered as arrears of land revenue.
- (2)Where any person is in unauthorised occupation of any Board premises, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit, and may by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the damage within such time not being less than thirty days as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as per the provisions of law. 51. (1) Without prejudice to the provisions of section 49 Rent to be any person, who is an employee of the State recovered by Government or a local authority and who hasbeen deduction allotted any Board premises, may execute an from salary agreement in favour of the State Government or wages in providing that the State Government or the local certain authority, as the case may be, under or by whom cases. he/she is employed, shall be competent to deduct from the salary or wages payable to him/her such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent due from him in respect of the Board premises allotted to him/her.
- (2)On the execution of such agreement, the State Government or local authority, as the case may be, shall, if so required by the Board by requisition in writing make the deduction of the amount specified in the requisition from the salary or wages of the employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board. Penalty. 52. (1) Ifany amount due under the Act or the rules made thereunder is not paid by any person in compliance with the orders of the competent authority, such authority may, after giving such person an opportunity of being heard, impose upon him a penalty not exceeding twenty-five per cent of the amount due, if it has reason to believe that the person liable to pay the amount has wilfully failed to pay the same.
- (2)If the penalty imposed under sub-section (7) is not paid within a period of thirty days the same shall be recoverable as arrears of land revenue. Appeal. 53. (1) Any person aggrieved by an order of the competent authority may within thirty days from the date of—
- (i)the service of notice under section 49 or section 50 ; or
- (ii)the imposition of penalty under section 52, prefer an appeal to the Deputy Commissioner of the District in which the premises of the Board are situated or to any other officer, as the State Government may appoint in this behalf : Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
- (2)Where an appeal is preferred under sub-section (1), the appellate officer may stay the enforcement of the order of the competent authority for such period and on such conditions as he deems fit.
- (3)Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. 54. (1) Save as otherwise expressly provided in this Act, Finality of every order made by a competent authority or an orders and appellate officer under this chapter shall be final bar of and shall not be called in question in any original jurisdiction of suit, application or execution proceedings. Civil Courts.
- (2)No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter of which the cognizance can be taken of and disposed of by any authority, empowered by this Act or the rules made thereunder. CHAPTER - Vil