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[Cites 0, Cited by 7] [Entire Act]

State of Punjab - Section

Section 2 in Punjab Package Deal Properties (Disposal) Act, 1976

2. Definitions

- In this Act, unless the context otherwise requires -
(1)[ Commissioner means the Commissioner of a division.] [Vide Punjab Act No. 10 of 1979.]
(1A)[ 'package deal property' means the surplus evacuee property taken over by the State Government and referred to in the Government of India letter - ] [Vide Punjab Act No. 10 of 1979.]
(i)No. 3(35) Pol.II/60-Land & Rent, dated 3rd June 1961, read with letter No. 3(54)/Pol. II/60-L & R, dated 5th March, 1962.
(ii)No. F. 18(40) J/61/Prop/Comp & Prop., dated 23rd March, 1963 and,
(iii)No. F. 18(40)/61-Prop-Comp & Prop., dated 29th March, 1963, reproduced in the Schedule to this Act; but excluding such property as may be required for transfer or allotment, by way of compensation to a displaced person, as defined in the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and rural agricultural land required for similar allotment to a displaced person of non-Punjabi extraction in pursuance of the Directions of the Central Government given under Section 32 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, read with sub-rule (2) of Rule 66 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 :
(2)"Schedule Castes" means such castes as have been specified in Part X of the Constitution (Scheduled Castes) Order, 1950 in relation to the State of Punjab;
(3)"standard acre" means a measure of land convertible with reference to yield from and the quality of, the soil, into an ordinary acre according to the prescribed scale;
(4)"State Government" means the Government of the State of Punjab; and
(5)"unauthorised occupation" means a person shall be deemed to be in unauthorised occupation of any package deal property -
(a)where he has, whether before or after the commencement of this Act, entered into possession thereof otherwise than under and in pursuance of any allotment, lease or grant or
(b)where he notwithstanding anything contained in para (a), has whether before or after the commencement of this Act, entered into possession thereof in pursuance of an order obtained by him by means of fraud, false representation or concealment of any material facts; or
(c)where he, being an allottee, lessee or grantee, has by reason of the determination or cancellation of his allotment, lease or grant in accordance with the terms in that behalf therein contained, ceased, whether before or after the commencement of this Act, to be entitled to occupy or hold such package deal property; or
(d)where any person authorised to occupy, any package deal property has, whether before or after the commencement of this Act. -
(i)sublet, in contravention of the terms of allotment, lease or grant, without the permission of the State Government or of any other authority competent to permit such sub-letting, the whole or any part of such package deal property, or
(ii)otherwise acted in contravention of any of the terms, express or implied under which he is authorised to occupy such package deal property.
Explanation. - For the purposes of sub-clause (a) a person shall not merely by reason of the fact that he has paid any rent be deemed to have entered into possession as allottee, lessee or grantee.