Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964
No: 2 Dated: Jan, 11 1965
Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964
(Act No. 2 of 1965)
An Act to provide for the eviction of unauthorised occupants from public premises and for certain Incidental matters
Be it enacted by the Rajasthan State Legislature in the Fifteenth Year of the Republic of India as follows-
1. Short title, extent and commencement - (1) This Act may be called the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964.
(2) It extend to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions - In this Act, unless the context otherwise requires-
(a) "estate officer" means an officer appointed-as such by the State Government under section 3;
(b) "public premises" means any premises belonging to, or taken on lease or requisitioned by, or on behalf of the State Government, and includes any premise belonging to-
(i) a Municipal Board or Municipal Council, established or deemed to have been established under the Rajasthan Municipalities Act, 1959 (Rajasthan Act 38 of 1959); or
(ii) an Improvement Trust established under the Rajasthan Urban Improvement Act, 1959 (Rajasthan Act 35 of 1959; or
(iii) the Rajasthan State Industrial and Mineral Development corporation Limited or the Rajasthan State Industrial Development and Investment Corporation Limited and constructed in an Industrial area developed by any of them; or
(iv) a Panchayat establised under the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 of 1953); or
(v) a Panchayat Samiti or a Zila Parishad establised under the Rajasthan Panchayat and Zila Parishad Act, 1959 (Rajasthan Act 37 of 1959); or
(vi) Government Company as defined in Section 617 of the Companies Act, 1956 (Central Act 1 of 1956); or
(vii) Devasthan Department of the Government of Rajasthan or premises managed or controlled by it; or
(viii) a Wakf as defined in the Wakfs Act, 1954 (Central Act 29 of 1954) and entered in the register or Wakfs maintained under S. 26 of that Act; or
(ix) a market committee established under the Rajasthan Agricultural Produce Markets Act, 1961 (Rajasthan Act 38 of 1961).
(x) a body corporate established or constituted by the Central Act or a Rajasthan Act and owned or controlled by the State Government; and
(xi) the Durgah Khwaja Saheb, Ajmer administered in accordance with the provisions of the Durgah Khwaja Saheb Act, 1955 (Rajasthan Act No. 13 of 1959); or
(xii) the Deity of Shri Shrinathji Temple, Nathdwara administered in accordance with the provisions of Nathdwara Temple Act, 1959 (13 of 1959); or
(xiii) the Deity of Shri Sanwaliaji, Mandphia (District Chittorgarh) administered in accordance with the provisions of Nathdwara Temple Act, 1959 (Rajasthan Act No. 13 of 1959); or
(xiv) the Deity of Shri Sanwaliaji, Mandphia (District Chittorgarh) administered in accordance with the provisions of Sanwaliaji Temple Act, 1992 (Rajasthan Act No. 8 of 1992); or
Explanation- For the removal of doubts, it is hereby clarified that the provisions of this Act shall not apply to any immovable property of a Wakf entered as such in the register of Wakfs maintained under Section 26 and transferred without the previous sanction of the Board of Wakfs in contravention of the provisions of Section 63-A of the Wakfs Act, 1954 (Central Act 29 of 1954) and the provisions of 63-B of that Act shall continue to apply for the recovery of the possession of such property;
(c) "premises" means any land or any building or part of a building and includes
(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building; and
(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof,
(d) "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 State Government,
(e) "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 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.