Jammu and Kashmir · Act 17 of 1988

Section 2 — Definitions.

THE JAMMU AND KASHMIR PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1988

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In this Act, unless the context otherwise requires,––

1[(a) “appellate officer” in respect of a public premises means the District Magistrate of the District in which such public premises are situate ;]

2[(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.

Source footnotes

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

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Next · Section 3Appointment of estate officer. →All sections / सभी धाराएँTHE JAMMU AND KASHMIR PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1988 →
More sections of this actSection 1 · Short title, extent and commencement.Section 3 · Appointment of estate officer.Section 4 · Issue of notice to produce documents in proof of authorization of occupation.Section 5 · Eviction of unauthorised occupants.Section 6 · Power to remove unauthorised construction, etc.Section 7 · Order of demolition of un-authorised construction.Section 8 · Power to seal unauthorised constructionSection 9 · Disposal of property left on public premises by unauthorised occupants.
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India Code, Government of India. Text fetched 14 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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Section 2 — Definitions. | THE JAMMU AND KASHMIR PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1988 | NYAYA SIGNAL

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