(1) This Act may be called the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force at once.
2. In this Act, unless the context otherwise requires,—
(a) "Competent Officer" means an officer appointed as such by the State Government under section 3;
(b) "corporate authority" means any Municipal Corporation, Municipality, Panchayat or other Corporation referred to in clause (f) of this section;
(c) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to the earth or permanently fastened to anything attached to the earth;
(d) "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;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "public premises" means any premises* belonging to or taken on lease or requisitioned by, or on behalf of, the State Government, and includes any premises belonging to, or taken on lease by, or on behalf of-
(i) any Municipal Corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 or any Municipality constituted under the Gujarat Municipalities Act, 1963;
(ii) a panchayatconstituted under the Gujarat Panchayats Act, 1961. 2**
(iii) any Corporation (not being a company as defined in section 3 of the Companies Act, 1956) established by or under a Central or State Act, and owned or controlled by the State Government;3[ ] 4[(iv) any University established or incorporated by or under any Law in the Short title, extent and commencement.
Definitions.
Bom. LIX of 1949.
Guj. 34 of 1964.
Guj. VI of 1962.
I of 1956.
State of Gujarat or any institution recognised by the University Grants Commission or declared by the Central Government to be a University, in accordance with the provisions of clause (f) of section 2 or of section 3, as the case may be, of the University Grants Commission Act, 1956;] 5[and] 6[(v) a public trust registered under the Bombay Public Trust Act, 1950, as the State Government may, by notification in the Official Gazette, declare the premises of such trust to be of national importance or historical interest;]
(g) "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 or the Corporate authority;
(h) "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.
3. The State Government may, by notification in the Official Gazette,-
(a) appoint such persons, being gazetted officers of Government or officers of equivalent rank of the corporate authority, as it thinks fit, to be competent officers for the purposes of this Act; and
(b) define the local limits within which, or the categories of public premises in respect of which, the competent officers shall exercise the powers conferred, and perform the duties imposed, on competent officers by or under this Act.