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Section 2: Definitions

The Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974State Act of Karnataka · Act 32 of 1974

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 company or corporation referred to in sub-clauses (ii) and (iii) of clause (e) of this section;

(c) “premises” means any land or any building or hut or part of a building or hut and includes,-

(i) the garden, grounds and out-houses if any, appurtaining to such building or hut or part of a building or hut; and

(ii) any fittings affixed to such building or hut or part of a building or hut for the more beneficial enjoyment thereof;

(d) “prescribed” means prescribed by rules made under this Act;

Public Premises (Eviction of [1974: KAR. ACT 32 Unauthorised Occupants 760

(e) “public premises” means any premises belonging to or allotted to State Government 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) a local authority;

(ii) any company as defined in section 3 of the Companies Act, 1955 (Central Act 1 of 1956) in which not less than fifty one percent of the paid up share capital is held by the State Government;1[or any company which is a subsidiary (within the meaning of the said Act) of the first mentioned company"]1;

1. Inserted by Act 14 of 2000 w.e.f. 27.4.2000

(iii)any corporation (not being a company as defined in section 3 of the Companies, Act, 1956) established by or under 1[a Central Act or]1 a State Act and owned or controlled by the State Government; and

1. Inserted by Act 1 of 1977 w.e.f. 21.2.1977 1[(iii-a) the Institute for social and economic change, Bangalore.]1

1. Inserted by Act 20 of 2004 w.e.f. 19.3.2004.

1[(iv) a Notified Institution or Declared Institution under the Karnataka Hindu Religious Institutions and Charitable Endowments Act 1997.]1

1. Substituted by Act 33 of 2001 w.e.f. 1.5.2003 by Notification. Text of the Notification is at the end of the Act.

1[2[(v) a wakf registered with the Karnataka State Board of Wakfs;]2

(vi) the State Government and the Government of Andhra Pradesh jointly, and under the management or administrative control of the Tungabhadra Board constituted by the Government of India under subsection (4) of section 66 of the Andhra State Act, 1953 (Central Act 30 of 1953).]1

1. Inserted by Act 28 of 1981 w.e.f. 30.9.1980

2. Substituted by Act 22 of 1999 w.e.f. 4.8.1999 1[(vii)a University established or deemed to have been established by or under any law of the State Legislature]1

1. Inserted by Act 4 of 1993 w.e.f. 8.10.1991 and again Substituted by Act 18 of 2005 w.e.f. 27.5.2005.

1974: KAR. ACT 32] Public Premises (Eviction of Unauthorised Occupants 761 1[(viii) A Co-operative Society or a Federation of Co-operative Societies established under any law in force in the State in which the Government Property or share is involved.]1

1. Inserted by Act 15 of 2006 w.e.f. 02.8.2006

Explanation.- For the purposes of this clause ‘local authority’ means,-

(a) a municipal corporation;

(b) a town or city municipal council;

1[(bb) a market committee established under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966);]1

1. Inserted by Act 16 of 1991 w.e.f. 1.8.1991 1[(c)an Improvement Board established under the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976);

1. Substituted by Act 4 of 1993 w.e.f. 8.10.1992 1[(d) a Zilla Panchayat or Taluk Panchayat or a Grama Panchayat established under the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993).]1

1. Substituted by Act 15 of 1995 w.e.f. 15.5.1995

(e) the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976);

(f) an Urban Development Authority constituted under the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987).]1

1. Clause (c) to (f) Inserted by Act 4 of 1993 w.e.f. 8.10.1992 1[(g) the Karnataka Slum Clearance Board established under the Karnataka Slum Areas (Improvement and Clearance) Act, 1973]1

1. Inserted by Act 21 of 2002 w.e.f. 17.11.2001

(f) “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, local authority or the corporate authority;

Public Premises (Eviction of [1974: KAR. ACT 32 Unauthorised Occupants 762

(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.

Where this provision sits

ActThe Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974
Section2
Marginal noteDefinitions
JurisdictionState of Karnataka
StatusIn force as published by the source

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