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Section 2 – The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

Section 2. Definitions

As in Punjab only.

In this Act, unless the context otherwise requires, –

(a)”Collector” mean the Collector of the district and includes any other officer appointed by the State Government for performing the functions of the Collector under this Act;

(b) “corporate authority referred to in sub-clause (i), or

(i) any local authority referred to in sub-clause (i), or

(ii)any company or Corporation referred to in sub-clauses (ii)

and (iii).

of clause (e) of this section

(c) “estate” has the meaning assigned to it in the Punjab Land Revenue Act,1887;

(d) “premises” means any land, whether used for agricultural or non-agricultural purposes, or any building or part of a building and includes, –

(i) the garden, grounds and out-houses, if any, appertaining to such building; or part of a 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) “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 fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;

(ii)any company as defined in section 3 of the Companies Act,1956 (1 of 1956), in which not less than fifty ” one per cent of the paid up share capital is held by the State Government [and omitted in H.P.]

(iii) any Corporation [ not being a company as defined in section 3 of the Companies Act,1956 (1 of 1956), or a local authority] established by or under a Central Act as defined in clause (7) of section 3 of the General Clauses Act,1897, or a Punjab Act owned or controlled by the State Government;

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

(g) “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 State Government or the corporate authority.

Clause (i) as in Himachal Pradesh only

“[any co-operative Society registered or deemed to have been registered under the Himachal Pradesh Co-operative Societies Act,1968 ” in HP only

COMMENTARY

1. Collector.According to the definition the term includes any officer appointed by Govt. for performing the functions of Collector. All the Sub-Divisional Officers of State of Punjab thus act as Collector within their respective jurisdiction. Cf. Dharam Vir v Commissioner, Patiala. 1982 Rev: L.R. 285 = 1982 PLJ 157.

2. Public Premises. In the case of the Patiala Central Co-operative Bank more than 51 per cent of its shares are held by the State Govt. and the Bank is registered under the Companies Act and therefore the premises of the Bank leased out to a third person are public premises. Vide S.2 (e) Dharam Vir V. Commissioner, Patiala 1982 Rev. L.R. 285 = 1982 PLJ 157. Similarly premises belonging to or taken on lease by or on behalf of a municipal committee, NAC, Zila Parishad, Panchayat, Panchayat Samiti or Improvement Trust are public
premises. Ravinder Kumar v. State of Punjab. 1982 REV. L.R. 77 = 1983 PLR 3 SN. Even premises owned by Punjab University, which is inter ” State body corporate, are public premises under clause (c). Vinod Sood v Punjab University. 1983 Land L.R. 193.

3. Effect of Haryana Common Purposes Land (Eviction and Rent Recovery) Act (No 15) of 1985. This Act defrines ” common purposes land” as under :-

“Definition. In this Act unless the context otherwise requires “common purposes land” means the land reserved for the common purposes of a village, under section 15 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act. 1948, the management and control whereof vests in the State Government of the Gram Panchayant under section 23-A of the aforesaid Act.” And section 3 of this (Haryana Act 15 of 1985) runs as under:- 3.Notwithstanding anything contained in any law for the time being in force, the provisions of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act,1972 shall apply to common purposes Land which shall be deemed to be public premises for the purposes of the said Act. Haryana Act 15 of 1985 received the assent of the President of India on the 4th December,1985 and was published in. Haryana Gazette (Extra.) on 17.12.85 vide Legislative Dept. notification no. Leg-16/85, dated public premises.”

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The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

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