Public Buildings (Eviction of Unauthorised Occupants) Act, 1968

No: 25 Dated: Sep, 24 1968

THE KERALA PUBLIC BUILDINGS (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1968

(Act 25 of 1968)

    An Act to provide for the eviction of unauthorised occupants from public buildings and for matters connected there with.

    Preamble. - Whereas it is expedient to provide for the eviction of unauthorised occupants from public buildings and for matters connected therewith;

Be it enacted in the Nineteenth Year of the Republic of India as follows: -

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Public Buildings Eviction of Unauthorised Occupants Act, 1968.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may by notification in the Gazette, appoint

2. Definitions. - In this Act unless the context otherwise requires, -

(a)"estate officer" means an officer appointed as such by the Government under section 3;

(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 local authority and includes -

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

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

(e) "rent", in relation to any public building, means the consideration payable periodically for the authorised occupation of the buildings 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 determine for any reason whatsoever.