Keyword(s):
Estate Officer, Public Building, Rent, Unauthorized Occupation
An Act to provide for the eviction of unauthorised occupants from public
and for matters connected therewith.
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,- 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-
(i) the garden, grounds and outhouses, if any appertaining to such
building or part of a building; 6 [*]
(ii) any fittings affixed to such building or part of a building for the
more beneficial enjoyment thereof; 7 and8[“(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) “unauthorized occupation”, in relation to any public building, means
the occupation by any persons 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.
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