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Section 2: Definitions

The Kerala Public Buildings (Eviction of unauthorised Occupants) Act 1968State Act of Kerala · Act 25 of 1968

In this Act, unless the context otherwise requires,— 2[(a) “company” means a company in which not less than fifty-one per cent of the paid up share capital is held by the Government of Kerala or jointly by the Central Government and the Government of Kerala and includes a company which is a subsidiary of any such company;

(aa) “corporation” means a corporation established or constituted by or under any Central or State Act and owned or controlled by the Government of Kerala;]

3[(aaa)] “estate officer” means an officer appointed as such by the Government under section 3 ;

4[(b) “local authority” means a panchayat at any level constituted under the Kerala Panchayat Raj Act, 1994 or a municipality constituted under the Kerala Municipality Act, 1994 or any other authority, by whatever name called, constituted under any law for the time being in force for the development of any local area;]

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

(d) “public building” means any building or part of a building belonging to, or taken on lease or requisitioned by, or on behalf of, the Government or a local authority 5[or a company or a corporation] and includes— * Received the assent of the Governor on the 23rd day of September, 1968 and published in the Kerala Gazette Extraordinary No.234 dated 24th September, 1968.

1 S.R.O No. 64/69 dated the 10th February,1969 ( w.e.f 15-2-1969).

2. Inserted by Act 19 of 1986 ( w.e.f 7-2-1983).

3. Re-lettered by Act 19 of 1986 ( w.e.f 7-2-1983).

4. Substituted by Act 16 of 2000 ( w.e.f 12-5-2000).

5. Inserted by Act 19 of 1986 ( w.e.f 7-2-1983).

(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building ; 1[xxxx]

(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof ;2[and] 3[(iii) all buildings, whether residential or non-residential irrespective of categories or types, constructed by individuals or co-operative societies or other institutions with the aid of any loan from the Government;]

(e) “rent”, in relation to any public building, means the consideration payable periodically for the authorised occupation of the building, and includes—

(i) any charge for electricity, water or any other services in connection with the occupation of the building,

(ii) any tax (by whatever name called) payable in respect of the building, where such charge or tax is payable by the Government or the local authority, as the case may be ;

(f) “unauthorised occupation”, in relation to any public building, means the occupation by any person of the building without authority for such occupation and includes the continuance in occupation by any person of the public building after the authority (whether by way of lease or any other mode of transfer) under which he was allowed to occupy the building has expired or has been determined for any reason whatsoever.

Where this provision sits

ActThe Kerala Public Buildings (Eviction of unauthorised Occupants) Act 1968
Section2
Marginal noteDefinitions
JurisdictionState of Kerala
StatusIn force as published by the source

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