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Section 23: Power to make rules.

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

(1) The Government may, by notification in the [Government Gazette], make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :––

(a) the form of any notice required or authorized to be given under this Act and the manner in which it may be served ;

(b) the holding of inquires under this Act ;

(c) the distribution and allocation of work to estate officers and the transfer of any proceeding pending before an estate officer to another estate officer ;

(d) the procedure to be followed in taking possession of public premises ;

(e) the manner in which damages for unauthorized occupation may be assessed and the principles which may be taken into account in assessing such damages ;

(f) the manner in which the sealing of any erection or work or any public premises shall be made under section 8 ;

(g) the rate at which interest shall be payable on arrears of rent specified in any order made under sub-section (1) of section 10 or damages assessed under sub-section (2) of that section ;

(h) the manner in which appeals may be preferred and the procedure to be followed in appeals ;

(i) any other matter which has to be or may be prescribed.

(3) Every rule under this section shall be laid, as may be after it is made, before [Legislative Assembly of the Union territory of Jammu and Kashmir] while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, [Legislative Assembly of the Union territory of Jammu and Kashmir] agree in making any modification in the rule or [Legislative Assembly of the Union territory of Jammu and Kashmir] agree that the rules should not be made, the rules shall therafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Where this provision sits

ActThe Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988
Section23
Marginal notePower to make rules.
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.

  • other. . Now Official Gazette.
  • substituted. .Substituted by S.O. 1229(E) dated 31.03.2020 for “each House of State Legislature”.
  • other. . Construed for “both Houses” by S.O. 3912 (E) dated 30.10.2019.

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