Amendment status not verified — confirm the current text below against the official source.
In the circumstances it has become necessary to amend section 2 of the said Act to bring the Karnataka State Road Transport Corporation within the purview of the said Act. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, as No. 4468 dated 13-11- 1976 at page 2-3.) III Amending Act 28 of 1981.- The Thungabhadra Board and the Karnataka Wakf Board have requested the State Government to suitably amend the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 so that the unauthorised occupation of the properties under the management of the Tungabhardra Board or belonging to a wakf under the management of the Wakf Board, could be dealt with effectively. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A as No. 95 dated 3-2-1981 at page 4.) IV Amending Act 49 of 1986.- Item (i) of clause (a) of section 3 of the Karnataka Public Premises (Eviction of unauthorised occupants) Act, 1974 empowers the State Government to appoint officers not below the rank of a Class I Officer of the State Civil Services, as competent officers in respect of premises belonging to State Government. However, it is found from past experience that the said officers are overburdened with duties and therefore it is proposed to make a provision in the said Act to appoint officers not below the rank of Group ‘B’ Officers as competent Officers. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, as No.658 dated 29-8- 1986 at page 3.) V Amending Act 16 of 1991.- Note.- By this Act the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 and some other Acts have been amended. Some consequential amendments are made to the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 1974: KAR. ACT 32] Public Premises (Eviction of Unauthorised Occupants 755 extending the provisions of the Act to premises of market committees. Which is extracted below. "xx xx xx xx (25) To amend the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act 1974 to extend the provisions of the Act to premises of market committees. xx xx xx xx" (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 26-3-1991, No.137.) VI Amending Act 4 of 1993.- It was considered necessary to include the premises belonging to, and taken on lease by or on behalf of the Universities within the meaning of the term “public premises” and to include Improvement Boards, Zilla Parishads, Mandal Panchayats, Bangalore Development Authority and Urban Development Authorities within the meaning of the term ‘local authority’ by amending the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. Accordingly the Karnataka Public Premises (Eviction of Unauthorised Occupants) (Amendment), Ordinance, 1992 was promulgated. This Bill seeks to replace the said Ordinance. Hence the Bill. (Obtained from LA Bill No. 32 of 1992, file No. LAW 74 LGN 92.) VII Amending Act 15 of 1995.- Section 2 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974, is proposed to be amended to bring it in consonance with the Karnataka Panchayat Raj Act, 1993. Hence the Bill. (Obtained from LA Bill No. 10 of 1995, file No. LAW 57 LGN 94.) VIII Amending Act 22 of 1999.- It is considered necessary to bring all the Wakf Institutions registered with the Karnataka State Board of Wakfs within the purview of Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974, by amending the said Act. Hence the Bill. (Obtained from LC Bill No. 1 of 1999, file No. DPAL 4 LGN 99.) Public Premises (Eviction of [1974: KAR. ACT 32 Unauthorised Occupants 756 IX Amending Act 14 of 2000.- In the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974, the definition of Public Premises, among others, includes "any company as defined in section 3 of the Companies Act, 1955 (Central Act 1 of 1956) in which less than fifty one percent of the paid up share capital is held by the State Government. However it does not include a company which is a subsidiary of a Government Company. In the absence of inclusion of a subsidiary company in the definition, certain practical difficulties are encountered in implementing the Act. The Companies Act and the Central Public Premises (Eviction of Unauthorised Occupants) Act, 1971, specifically refer to subsidiary company of Government company also. Therefore to make it more clear it is considered necessary to include a subsidiary company of a Government Company in sub-clause (ii) of Clause (e) of section 2 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. Hence the Bill. (Obtained from L.A. Bill No. 4 of 2000.) X Amending Act 33 of 2001.- There has been before the State Government, a long standing public demand to bring about a uniform law to provide for the regulation of all Charitable Endownments and Hindu Religious Institutions in the State. Which are now regulated under different enactments, having local application in different parts of the State, namely:- (1) The Karnataka Religious and Charitable Institutions Act, 1927; (2) The Madras Hindu Religious and Charitable Endowment Act, 1951; (3) The Bombay Public Trust Act, 1950; (4) The Hyderabad Endowment Act, Regulations, 2349F; and (5) The Coorg Temple Funds Management Act, 1956. It is therefore proposed to enact a new law to replace the several local Acts to bring about uniformity in the matter of regulating, by law, the various Charitable Endowment and Hindu Religious Institutions, especially. 1974: KAR. ACT 32] Public Premises (Eviction of Unauthorised Occupants 757 (1) To make the law applicable generally to all Charitable Endowments and Hindu Religious Institutions, which on the date of commencement of the Act were managed by or receiving annuity, taldik or other grants from the State Government, and to other Hindu Religious Institutions which though not under the management of the State Government, require by reason of mismanagement, to be regulated by the State Government after notifying them as Declared Institutions. (2) to provide that the Charitable Institution and Trusts registered under the Karnataka Societies Registration Act, 1960 or under the Indian Trust Act, 1882 and which are not under the management of the Government shall continue to be autonomous; (3) to create Common Pool Fund out of surplus funds of the Notified Religious Institutions, donations etc., for the maintenance and improvement of needy institutions, managed by an independent committee; (4) to provide for the founder trustees or their lineal descendants to be nominated to the managing committee as Chairman, in keeping with the decision of the Supreme Court of India. (5) to regulate improper alienation or disposal of property belonging to a notified or declared institution by nullifying unlawful transfers and providing for expenditions eviction of unauthorised occupants of property belonging to such institutions; and (6) to make certain other regulations necessary in the local conditions. Hence the Bill. (L.C. Bill No. 4 of 1997 - File No. LAW 112 LGN 1981) XI Amending Act 21 of 2002.- Certain other consequential amendments are also proposed. The Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (Karnataka Act 32 of 1974) is also proposed to be amended to include the Board in the definition of ``Public Premises``. Hence the Bill. (Vide File No. SAMVYASHAE 17 SHASANA 2001 dated. 11.9.2002) XII Amending Act 20 of 2004.- The Institute for social and economic change is a registered society under the Karnataka Societies Registration Act, 1960 and is funded by Central Government and the State Government. The Institute for social and economic change holds 40 acres of land granted Public Premises (Eviction of [1974: KAR. ACT 32 Unauthorised Occupants 758 to it on long term lease by the Bangalore University as per the direction of the Government of Karnataka. In order to protect the land from the unauthorized occupation it is considered necessary to include the Institute for social and economic change, Bangalore in the definition of public premises appearing in clause (e) of section 2 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. Hence the Bill. (LA Bill No. 25 of 2003) (Entries 18 and 35 of List II of the Seventh Schedule to the Constitution of India) XIII Amending Act 18 of 2005.- Sub-clause (vii) of clause (e) of section 2 defines public premises as a University Established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) or the University of Agricultural Sciences Act, 1963 (Karnataka Act 22 of 1963). The Karnataka State Universities Act, 1976, has been repealed in the Karnataka State Universities Act, 2000 (Karnataka Act 29 of 2001). Many new Universities have also been established. It is considered necessary to bring all the Universities established or deemed to have been established by or under any law of the State Legislature within the definition of public premises. Hence the Bill. (LC Bill 5 of 2005) IX Amending Act 15 of 2006.- It is considered necessary to extend the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 to Co-operative Societies and Federations of Co- operative Societies established by law in the State in which Government Property or Share is involved. Hence the Bill. (L.C. Bill No.8 of 2005) * * * 1974: KAR. ACT 32] Public Premises (Eviction of Unauthorised Occupants 759 KARNATAKA ACT No. 32 OF 1974 (First published in the Karnataka Gazette Extraordinary on the Seventh day of October, 1974) THE KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1974 (Received the assent of the President on the First day of October,1974) (As Amended by Acts 1of 1977, 28 of 1981, 49 of 1986, 16 of 1991, 4 of 1993, 15 of 1995, 22 of 1999 and 14 of 2000, 33 of 2001, 21 of 2002, 20 of 2004, 18 of 2005 and 15 of 2006) An Act to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters. WHEREAS it is expedient to provide for the eviction of unauthorised occupants from public premises and for matters connected therewith or incidental thereto; BE it enacted by the Karnataka State Legislature in the Twenty-fifth Year of the Republic of India as follows :-