CourtMesh

Section 2: Definitions.

The Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988Union territory Act of Jammu and Kashmir · Act 17 of 1988

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 and 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 authorized 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 subclause (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 subclause (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) “unauthorized 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.

Where this provision sits

ActThe Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988
Section2
Marginal noteDefinitions.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act VII of 2016. . Clause (a) inserted by Act VII of 2016, s. 2.
  • renumbered. . Existing clause (a) re-numbered as clause (aa) ibid.

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.