Keyword(s):
Owner, Person Concerned, Premises, Public Premises, Unauthorised
Occupation
ACT NO.9 OF 1980
AN
ACT
to provide for the speedy eviction of unauthorised occupants from the public premises;
[16th October, 1980J
WHEREAS it is expedient to provide for speedy eviction of unauthorised
occupants from public premises;
Be it enacted by the Legislature of Sikkim in the Thirty-first Year of the Republic of India as
follows:
1.
Definitions.
Short title, extent
and commen-
cement,
(1) This Act may be called the Sikkim Public Premises (Eviction
of Unauthorised Occupants and Rent Recovery) Act, 1980.
(2) It extends to the whole of Sikkim.
(3) It shall be deemed to have come into force on
the 22nd day of August, 1980.
- In this Act, unless the context otherwise requires,
(a) “Appellate Authority” means an Officer appointed by the State
Government under sub-section (1) of section 9 of this Act;
(b) ‘Collector” means the Collector of the district and includes any
other officers appointed by the State Government for
performing the functions of the Collector under this Act;
(c) “notification” means a notification published in the Official
Gazette;
(d) “owner” means
(i) in relation to any premises belonging to, or taken on lease
by, or requisitioned by or on behalf of the State
Government; that Government; and 364
(ii) in relation to any premises belonging to, or ~taken on lease
by, a local authority, company or corporation, such local
authorities, company or corporation, as the case may be;
(e) “person concerned” in relation to any public premises, means
any person who is in the use or occupation of the public
premises;
(f) “premises” means any land, whether used for agricultural or
non-agricultural or any other purposes, or any building or part
of a building and inc1udes,
(i) the garden, grounds and out-house~, if any, appertaining
to such 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;
(g) “public premises” means any premises belonging to, or taken
on lease by the State Government, or local authority, or a
Government company or a corporation owned or controlled by
the State Government and includes any land requisitioned by
or on behalf of the State Government;
Explanation.- In this clause “Government company” means any company
in which not less than fifty one percent of the paid up share capital is held
by the State Government.
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