Amendment status not verified — confirm the current text below against the official source.
In this Act unless the context otherwise requires,— (a) “‘Collector” means the Collector of the District and includes Definitions. any other officer| appointed by the State Government for performing the functions of the Collector under this Act ; (6) “‘Commissioner’ means the Commissioner of a division ; (6) ‘‘estate’ means any area— (i) for which a separate record-of-rights has been made ; or ] (0) Which has teen separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed ; or (47) which the State| Government may, by general rule or special order. declare to be an estate ; (d) “Religious Institution”, means any gurudwara, temple, church, mosque, temple of Jains or Budhas—which is registered under the provisions of the Societies Registration Act, 1860 . (Central Act No. XXI of 1860) or is established under any statute and includes any other place of worship by whatever name, it may be called, which is registered as aforesaid or is established under ny statute ; wy land ov used for rposes, or any building a Religious Institution (e) “religious premises”, agricultural or np or part of a build and includes, — | IN. J : . : Objerie and ਹਨ: 012 wee 4 ॥॥੯॥ Governtteny Gazette (Extraordiniryy dud the 1611 Doce ber, 1697, pege 2828. | { 2 • . . (1) • the girden,.groundk and out-houses, if.any, appertaining .to . ... • Such building or part of.a building ; and • . . • (fi) any fitting& affixed.to such building or part of a building - . • for the. More beneficial enjoyment thereof • . . (f) "tent" in relatioia to . any religious premises, means the con- sideration .payable periodically for the 'authorised occupation of the religious premises and: includes -- • (i) any charge . for electricity, water or any. other services in . connection with the occupation of, the.premiseS ; ,..: . . . . (ii) ' any tax (by-whatever:name Called) payable in.respett.of the religious premises ; . where such charge or tax is payable. by the ' Religious ' Institution. . Unauthicrised . 3.. For the purpOseS of this Act,. a person shall be deemed to be ih •occtpation of unatithorised occupation of any religious prentises,— `filitit5us . . , grommet:. (a)• where Ihe has, whether before or after the.commencement of 'this Act, entered into possession thereof. otherwise:-than. under and in pursuan.ee of any allotmentleaSe•or grant ; or , ... . (b) -Where be, being an allbttoe; lessee or grantee has, be reason • of the determination. Or eancellatiOn of his allotment, lease . or grant in accordance withtheterms in-that behalf therein contqned, ceased, whether before or after su the bommencement of this Act,. to be entitled to occupy premises . or hold ch religious premises ; or • . . . V . (c) where any person authorised to occupy any. religious premises has, whether before or after the commencement of this Act— . (i) sub-let, in contravention of the. terms of allotment, lease or grant, without the permission of the Relig,ious Institution, premises ; or the whole or any part of such religious - . . (i i) OtherWise acted in contravention . of any of.the terms., ex- • press or implied, under' which •he is' authorised. to occupy Such religious premises. • . . ., ExplaRation-I—For the. purpose of 'Clause (a), uperson shall not merely — - ' by reason of the fact that he has paid any . rent be deemed to have entered iatO•posSesSion as allottee,.. lessee or grantee.' . . . Issue of notice • 4. .(1) ,On an application Made by a Religious .Institution, : if the sbow.cause Collector -iS •of opinion that any persons are :in.unauthorised.occupation - against order ' of any religious premises situate within his vjurisdietion and that they , „ of. Irctioti. . should be evicted, the Collector shall issue in the manner hereinafter " ,provided,. a notice in writing callini:upon all p'ersons.concerned: to show . • vcatiSe 'v!by an .order of eviction Should riga' e made. • . . . _ Unauthorised ‘seeupation of religious premises, Issue of notice -to show.causg against order of ection. ji 2 6) - the garden, grounds and out-housés, if any, appertaining to such building or part of.a building ; and (6:9) any Fittings affixed. to such building or pat of a building for the Topp benef: ictal enjoyment thereof ; (f) “rent” in relation to. any religious premises, means the con- ¥: 67) any tax (by whatever nate called) payable in. respect of the sideration payable periodically for the authorised Saggation of the religious premises and: includes — =-- (i) any charge. for electricity, water or any em Services in connection with the occupation of the premises ; religious premises ; where| such charge or tax is payable by the ‘Religious Institution. 3.. For the purposes of this Act,. a person shall be deemed tobe in unauthorised Serspaton of any religious premises,— (0). where he has, whether before “or after the commencement of ‘this Alt, entered into possession thereof otherwise -than under and i in pursuange of any allotment,’ least of grant ; or 6) where! 16, being an 16466, lessee or grantee has, be 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 cornmencement of this Act, to be entitled to occupy or hired such religious premises ; or (c) where any person authorised to occupy any. religious premises (if). otherwise acted in contravention . of any of the terms, ex- ` has, Whether before or after the commencement: of this Act— @ 9196, 4 in contravention of the terms of allotment, lease or grant, without the permission of the Religious Institution, the whole er any part of such religious premises ; or press or implied, under which he is’ authorised, to occupy such religious premises. . Tyee yor the purpose of Clauss wo, a person shall not merely | by reason of the fact that he has paid any , rent be + deemed to have entered intd’ possession as allottee, lessee or grantee.’ A : ` 4, (I) Onan application made by a Religious Institution, if the ` Qoflector is of opinion that any persons are “in unauthorised occupation of any religious premises situate within his jurisdiction and that they should be evicted, the Collector shall issue in the manner hereinafter ਕਿ provided, . a notice in writing calling upon all persons . concerned. to show 64988 Why an’ order of eviption should sit be made. | 3 (2) The notice shall— • (a) specify the grounds on which the order of eviction is proposed to be made ; and (b) require all persons concerned, that iS to Say; all persons who are, or may be, in-occupation of, or claim interest in, the religious premises to show cause, if any, against the proposed order on or before such date as is specified in the notice being a date not earlier than ten days from the date of issue thereof. (3) The Collector shall cause the notice to be sent through a registered post and, also affixed on the outerdoor or some other conspi- cuous part of the religious premises, or of the estate in which the religious premises are situate whereupon the notice shall be deemed to have been duly given to all persons, concerned. , g. (1) If, after considering the cause, if any, shown by any person Eviction of in pursuance of a notice under section 4 and any evidence he may p ttnauthor ersons iced produce in support of the same and after giving him a reasonable oppor- . tunity of being heard, the Collector is satisfied that the religious pre- mises are in unauthorised occupation the Collector may make an order of eviction, for reasons to be recorded therein, directing that religious pre- mises shall be vacated, on such date not being the date beyond the period of forty-five days from the date of receipt of application by him under section 4 and as may be specified in the order by all, persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outerdoor or some other conspicuous part of the reli- gions premises or of the estate in which the religious premises are situate. (2) If any person refuses or fails to comply with the order of eviction within thirty days' of the date of order made under sub-section (1), the Collector or any other officer duly authorised by.him in this behalf may evict that-person from, and deliver the possession of the religious premises to the concerned Religious 'Institution and, may- for that purpose, use such force as may be. necessary.