Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988
No: 17 Dated: Sep, 01 1988
THE JAMMU AND KASHMIR PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS), ACT, 1988
(Act No. XVII of 1988)
An Act to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-ninth Year of the republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.
2. Definition. - In this Act,unless the context otherwise requires,-
(a) "appellate officer" in respect of a public premises means the District Magistrate of the District in which such public premises are situate.
(aa) "estate officer" means an officer appointed as such by the Government under section 3;
(b) "premises" means any land or any building or part of a building includes,-
(i) the garden, grounds and out houses, if any, appertaining to such building or part of a building; and
(ii) any fittings affixed to such building or part of building for the more beneficial enjoyment thereof;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "public premises" means-
(1) any premises belonging to, or taken on lease or requisitioned by, or on behalf of, the Government;
(2) any premises belonging to, or taken on lease, or on behalf of,-
(i) any company as defined in section 3 of the Companies Act, 1956 in which not less than fifty-one per cent of the paid up share capital is held by the Government or any company which is a subsidiary (within the meaning of that Act) of the first mentioned company;
(ii) any corporation (not being a company as defined in section 3 of the companies Act, 1956, or a local authority) established by or under a State or Central Act and owned or controlled by the Government;
(iii) any University established or incorporated by or under any State Act;
(3) any premises belonging to any town area committee; and
(4) any premises belonging to the Development Authority constituted under the Jammu and Kashmir Development Act, whether such premises are in the possession of or leased out by the said Authority;
(e) "rent" in relation to any public premises, means the consideration payable periodically for the authorised occupation of the premises, and includes-
(i) any charge for electricity, water or any other services in connection with the occupation of the premises,
(ii) any tax (by whatever name called) payable in respect of the premises, where such charge or tax is payable by the Government or the corporate authority;
(f) "statutory authority" in relation to the public premises referred to in clause (d) of this section means-
(i) in respect of the public premises referred to in item (i) of sub-clause (2) of that clause, the company or the subsidiary company, as the case may be, referred to therein,
(ii) in respect of the public premises referred to in item (ii) of sub-clause (2) of that clause, the corporation referred to therein,
(iii) in respect of the public premises referred to in sub-clause (3) of that clause, committee referred to in that sub-clause;
(g) "unauthorised occupation in relation to any public premises", means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.