The JAMMU AND KASHMIR PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1988

PUBLIC PREMISES (EVICTION OF
UNAUTHORISED OCCUPANTS)
ACT, 1988
(Act No. XVII of 1988)
THE  JAMMU AND K ASH MI R P UB LIC P REM I SES
(EVI CTION OF  UNAUTHORISED O CCUPANTS)
ACT,  1 9 8 8
(Act  No. XVII of 1988)
CONTENTS
SECTION.
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of estate officer.
4. Issue of notice to produce documents in proof of authorization of occupa-
tion.
5. Eviction of unauthorised occupants.
6. Power to remove unauthorised construction, etc.
7. Order of demolition of un-authorised construction.
8. Power to seal unauthorised construction.
9. Disposal of property left on public premises by unauthorised occu-
pants.
10. Power to require payment of rent or damages in respect of public premises.
11. Powers of estate officers.
12. Appeals.
13. Finalty of orders.
14. Offences and penalty.
15. Offences under section 14 to be cognizable.
16. Power to obtain information.
SECTION.
17. Liability of heirs and legal representatives.
18. Recovery of rent, etc as an arrear of land revenue.
19. Bar of jurisdiction.
20. Over-riding effect of the Act.
21. Protection of action taken in good faith.
22. Delegation of powers.
23. Power to make rules.
24. Repeal.
–––––––
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ACT, 1988
THE JAMMU AND KASHMIR PUBLIC PREMISES
(EVICTION OF UNAUTHORISED OCCUPANTS),
ACT, 1988
(Act No. XVII of 1988)
[Received the assent of the Governor on 31st August, 1988 and is
published in Government Gazette Dated Ist September, 1988.]
An Act to provide for the eviction of unauthorised occupants from public
premises and for certain incidental matters.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-
ninth Year of the Republic of India as follows :––
1. Short title, extent and commencement. ––(1) This Act may be called
the Jammu and Kashmir Public Premises (Eviction of Unathorised Occupants)
Act, 1988.
(2) It extends to the whole of the 1[State of Jammu and Kashmir].
2[(3) It shall come into force on such date as the Government may, by
notification in the 3[Government Gazette], appoint.]
2. Definitions.–– In this Act, unless the context otherwise requires,––
4[(a) “appellate officer” in respect of a public premises means the District
Magistrate of the District in which such public premises are situate ;]
5[(aa)] “estate officer” means and officer appointed as such by the
Government under section 3 ;
(b) “premises” means any land or any building or part of a building
includes,––
(i) the garden, grounds and out houses, if any, appertaining to
such building or part of a building ; and
(ii) any fittings affixed to such building or part of building for the
more beneficial enjoyment thereof ;
1. Now Union territory of Jammu and Kashmir.
2. Enforced w.e.f. 26th January, 1989.
3. Now Official Gazette.
4. Clause (a) inserted by Act VII of 2016, s. 2.
5. Existing clause (a) re-numbered as clause (aa) ibid.
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(c) “prescribed” means prescribed by rules made under this Act ;
(d) “public premises” means––
(1) any premises belonging to, or taken on lease or requisitioned
by, or on behalf of, the Government ;
(2) any premises belonging to, or taken on lease, or on behalf
of,––
(i) any company as defined in section 3 of the Companies
Act, 1956 in which not less than fifty-one per cent of
the paid up share capital is held by the Government or
any company which is a subsidiary (within the meaning
of that Act) of the first mentioned company ;
(ii) any corporation (not being a company as defined in
section 3 of the Companies Act, 1956, or a local authority)
established by or under a State or Central Act and owned
or controlled by the Government ;
(iii) any University established or incorporated by or under
any State Act ;
(3) any premises belonging to any town area committee ; and
(4) any premises belonging to the Development Authority
constituted under the Jammu and Kashmir Development
Act, whether such premises are in the possession of or
leased out by the said authority ;
(e) “rent” in relation to any public premises, means the consideration
payable periodically for the authorized occupation of the 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 respect of
the premises, where such charge or tax is payable by the
Government or the corporate authority ;
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(f) “statutory authority” in relation to the public premises referred to
in clause (d) of this section means––
(i) in respect of the public premises referred to in item (i) of sub-
clause  (2) of that clause, the company or the subsidiary company,
as the case may be, referred to therein,
(ii) in respect of the public premises referred to in item (ii) of sub-
clause (2) of that clause, the corporation referred to therein,
(iii) in respect of the public premises referred to in sub-clause (3)
of that clause, committee referred to in that sub-clause ;
(g) “unauthorized occupation in relation to any public premises”, means
the occupation by any person of the public premises without authority
for such occupation, and includes the continuance in occupation by
any person of the public premises after the authority (whether by way of
grant or any other mode of transfer) under which he was allowed to
occupy the premises has expired or has been determined for any reason
whatsoever.
3. Appointment of estate officer.–– The Government may by notification
in the 1[Government Gazette],––
(a) appoint such persons, being gazetted officers of Government or
officers of equivalent rank of the statutory authority, as it thinks
fit, to be estate officer for the purpose of this Act :
Provided that an officer of a statutory authority shall only be
appointed as an estate officer in respect of the public premises con-
trolled by that authority ;
(b) define the local limits within which, or the categories of public
premises in respect of which, the estate officers shall exercise the
powers conferred, and perform the duties imposed, on estate
officers or under this Act.
2[4. Issue of notice to produce documents in proof of authorization of
occupation. ––(1) If the Estates Officer has reasons to believe that any person
is in unauthorized occupation of any public premises and that he should be
evicted, the Estates Officer shall call upon such person by a notice in writing
1. Now Official Gazette.
2. Section 4 substituted by Act VII of 2016, s. 3.
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to produce any documentary or other evidence within a period of seven days
from the date of issuance of such notice to prove that he had been duly
authorized by the Competent Authority to occupy such public premises failing
which the person/persons shall be evicted after expiry date.
(2) When a person is served with a notice under sub-section (1), the
burden of proving that he has been duly authorized to occupy public premises
by the authority competent to do so shall be upon such person.
(3) The notice shall be served upon such occupant by having it affixed
on the outer door or some other conspicuous part of the public premises and
also be published in at least two leading newspapers or in such other manner
as may be prescribed, whereupon the notice shall be deemed to have been duly
served to all persons concerned.
(4) Where the Estates Officer knows or has reasons to believe that more
than one person is in occupation of the public premises, then, without prejudice
to the provisions of sub-section (3) he shall cause a copy of the notice to be
served on every such person in the manner as aforesaid.]
5. Eviction of unauthorized occupants. ––1[(1) If after a person who has
been served with a notice to 
produce proof or evidence under section 4 fails to
produce any such proof or evidence within the stipulated period, or if after
considering the proof or evidence, if any, produced by him, the Estates Officer is
satisfied that the public premises is in unauthorized occupation, the Estates
Officer shall make an order of eviction for reasons to be recorded therein
directing that the public premises shall be vacated, on such date as may be
specified in the order, by such person or all such persons who may be in
occupation thereof or any part thereof and cause a copy of the order to be
affixed on the outer door or some other conspicuous part of the public premises.]
(2) If any person refuses or fails to comply with the order of eviction on
or before the date specified in the said order or within seven days of the date
of its publication under sub-section (1), whichever is later, the estate officer or
any other officer duly authorized by the estate officer in this behalf may after
the date so specified or after the expiry of the period aforesaid, which ever is
later, evict that person from and take possession of, the public premises and
may, for that purpose, use such force as may be necessary.
6. Power to remove unauthorized construction, etc. ––(1) No person
shall––
(a) erect or place or raise any building or any movable or immovable
structure or fixture,
1. Sub-section (1) of section 5 substituted by Act VII of 2016, s. 4.
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(b) display or spread any goods,
(c) bring or keep any cattle or other animal, on, or against, or in front
of, any public premises except in accordance with the authority
(whether by way of grant or any other mode of transfer) under
which he was allowed to occupy such premises.
(2) Where any building or other immovable structure or fixture has
been erected, placed or raised on any public premises in contravention of the
provisions of sub-section (1), the estate officer may serve upon the person
erecting such building or structure or fixture, a notice requiring him either to
remove, or to show cause why he shall not remove such building or other
structure or fixture from the public premises within such period, not being
less than five days as he may specify in the notice ; and on the omission or
refusal of such person either to show cause or to remove such building or
other structure or fixture from the public premises, or where the cause shown
is not, in the opinion of the estate officer, sufficient, the estate officer may by
order, remove or cause to be removed the building or other structure or
fixture from the public premises and recover the cost of such removal from
the person aforesaid as an arrear of land revenue.
(3) Where any movable structure or fixture has been erected, placed or
raised, or any goods have been displayed or spread, or any cattle or other animal
has been brought or kept, on any public premises, in contravention of the provi-
sions of sub-section (1) by any person, the estate officer may, by order, remove
or cause to be removed without notice, such structure, fixture, goods, cattle or
other animal, as the case may be, from the public premises and recover the cost
of such removal from such persons as an arrear of land revenue.
7. Order of demolition of unauthorised construction. ––(1)Where the
erection of any building or execution of any work has been commenced, or is
being carried on, or has been completed, on any public premises by any person
in occupation of such public premises under an authority (whether by way of
grant or any other mode of transfer), and such erection of building or execution
of work is in contravention of, or not authorized by, such authority, then, the
estate officer may, in addition to any other action that may be taken under this
Act or in accordance with the terms of the authority aforesaid, make an order,
for reasons to be recorded therein, directing that the such erection or work
shall be demolished by the person at whose instance the erection of work has
been commenced, or is being carried on, or has been completed, within such
period, as may be specified in the order :
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Provided that no order under this sub-section shall be made unless the
person concerned has been given, by means of a notice of not less than five
days served in the prescribed manner, a reasonable opportunity of showing
cause why such order should not be made.
(2) Where the erection or work has not been completed, the estate officer
may, by the same order or by a separate order, whether made at the time of the
issue of the notice under the proviso to sub-section (1) or at any other time,
direct the person at whose instance the erection or work has been commenced,
or is being carried on, to stop the erection or work until the expiry of the period
within which an appeal against the order of demolition, if made may be preferred
under section 12.
(3)The estate officer shall cause every order made under sub-section (1),
or, as the case may be, under sub-section (2), to be affixed on the outer door, or
some other conspicuous part, of the public premises.
(4) Where no appeal has been preferred against the order of demolition
made by the estate officer under sub-section (1) or where an order of demolition
made by the estate officer under that sub-section has been confirmed on appeal,
whether with or without variation, the person against whom the order has been
made shall comply with the order within the period specified therein, or, as the
case may be, within the period, if any, fixed by the appellate officer on appeal,
and, on the failure of the person to comply with the order within such period, the
estate officer or any other officer duly authorized by the estate officer in
this behalf, may cause the erection or work to which the order relates to be
demolished.
(5)Where an erection or work has been demolished, the estate officer
may, by order, require the person concerned to pay the expenses of such
demolition within such time and in such number of instalments, as may be
specified in the order.
8. Power to seal unauthorised construction. ––(1) It shall be lawful for the
estate, officer, at any time, before or after making an order of demolition under
section 7, to make an order directing the sealing of such erection or work or of the
public premises in which such erection or work has been commenced or is being
carried on or has been completed in such manner as may be prescribed for the
purposes of carring out the provisions of this Act, or for preventing any dispute as
to the nature and extent of such erection or work.
(2) Where any erection or work or any premises in which any erection or
work is being carried on has or have been sealed, the estate officer may, for the
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purpose of demolishing such erection or work in accordance with the provisions
of this Act, order such seal to be removed.
(3) No person shall remove such seal except––
(a) under an order made by the estate officer under sub-section (2) ; or
(b) under an order of the appellate officer made in an appeal under this
Act.
9. Disposal of Property left on public premises by unauthorised
occupants. ––(1) Where any person have been evicted from any public
premises under section 5 or where any building or other work has been
demolished under section 7, the estate officer may, after giving fourteen
days notice to the person from whom possession of the public premises
has been taken and after publishing the notice in at least one newspaper
having circulation in the locality, remove or cause to be removed or disposed
of by public auction any property remaining in such premises.
(2) Where any goods, materials, cattle or other animals have been
removed from any public premises under section 6, the estate officer, may after
giving fourteen days’ notice to the persons owning such goods, material,
cattle or other animal and after publishing the notice in at least one newspaper
having circulation in the locality, dispose of by public auction, such goods,
materials, cattle or other animal.
(3) Where any property is sold under sub-section (1) the sale proceeds
thereof shall, after deducting the expenses of the sale and the amount, if any,
due to the Government or the corporate authority on account of arrears of rent
or damages or cost, be paid to such person or persons as may appear to the
estate officer to be entitled to the same :
Provided that where the estate officer is unable to decide as to the
person or persons to whom the balance of the amount is payable or as to the
apportionment of the same, he may refer such dispute to the Civil court of
competent jurisdiction and the decision of the court thereon shall be final.
(4) Notwithstanding anything contained in sub-section (1) and (2) the
giving or publication of any notice referred to therein shall not be necessary in
respect of any property which is subject to speedy and natural decay, and the
estate officer may, after recording such evidence as he may think fit, cause such
property to be sold or otherwise disposed of in such manner as he may think fit.
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(5) The expression “costs”, referred to in sub-section (3) shall include
the cost of removal recoverable under section 6 and the cost of demolition
recoverable under section 7.
10. Power to require payment of rent or damages in respect of public
premises. ––(1) Where any person is in arrears of rent payable in respect of any
public premises the estate officer may, by order, require that person to pay the
same within such time and in such instalments as may be specified in the order.
(2) Where any person is, or has at any time been in unauthorized occupation
of any public premises, the estate officer may, having regard to such principles
of assessment of damages as may be prescribed assess the damages on
account of the use and occupation of such premises and may, by order, require
that person to pay the damages within such time and in such instalments as
may be specified in the order.
(3) While making an order under sub-section (1) or sub-section (2),
the estate officer may direct that the arrears of rent or, as the case may be,
damages shall be payable together with simple interest at such rate as may
be prescribed.
(4) No order under sub-section (1) or sub-section (2) shall be made against
any person until after the issue of a notice in writing to the person calling upon
him to show cause within such time as may be specified in the notice, why
such order should not be made, and until his objections, if any, and any
evidence he may produce in support of the same, have been considered by the
estate officer.
11. Powers of estate officers.–– An estate officer shall for the purpose of
holding any inquiry under this Act, have the same powers as are vested in a
civil court under the 1[Code of Civil Procedure, 1908 (5 of 1908)] when trying a
suit in respect of the following matter, namely :––
(a) summoning and enforcing the attendance of any person and
examining him on oath ;
(b) requiring the discovery and production of documents ;
(c) any other matter which may be prescribed.
12. Appeals. ––2[(1) An appeal shall lie from every order of the Estates
Officer made in respect of any public premises under section 5 or section 7 or
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Code of Civil Procedure, Samvat 1977”.
2. Sub-section (1) of section 12 substituted by Act VII of 2016, s. 5.
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section 8 or section 10 to the District Magistrate of the District in which public
premises are situate.]
(2) An appeal under sub-section (1) shall be preferred,––
(a) in the case of an appeal from an order under section 5, within twelve
days from the date of publication of the order under sub-section
(1) of that section ;
(b) in the case of an appeal from an order under section 7 or 10 within
twelve days from the date on which the order is communicated to
the appellant ; and
(c) in the case of an appeal from an order under section 8, within twelve
days from the date of such order :
Provided that the appellate officer may entertain the appeal after the
expiry of the said period of twelve days, if he is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(3) Where an appeal is preferred from an order of the estate officer, the
appellate officer may stay the enforcement of that order for such period and on
such condition as he deems fit :
Provided that where the construction or erection of any building or other
structure or fixture or execution of any other work was not completed on the
day on which an order was made under section 7 for the demolition or removal
of such building or other structure or fixture, the appellate officer shall not
make any order for the stay of enforcement of such order, unless such security
as may be sufficient in the opinion of the appellate officer, has been given by
the appellant for not proceeding with such construction, erection or work
pending the disposal of the appeal.
(4) Every appeal under this section shall be disposed of by the appellate
officer as expeditiously as possible.
(5) The costs of any appeal under this section shall be in the discretion
of the appellate officer.
13. Finality of orders.–– Save as otherwise expressly provided in this
Act, every order made by an estate officer or appellate officer under this Act
shall be final and shall not be called in question in any original suit, application
or execution proceeding and no injunction shall be granted by any court or
other authority in respect of any action taken or to be taken in pursuance of
any power conferred by or under this Act.
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14. Offences and Penalty. ––(1) If any person unlawfully occupies any
public premises, he shall be punishable with simple imprisonment for a term
which may extend to six months, or with fine which may extend to 1[fifty
thousand rupees], or with both :
Provided that a person who, having been lawfully in occupation of any
public premises by virtue of any authority (whether by way of grant, allotment or
by any other mode whatsoever) continue to be in occupation of such premises
after such authority has ceased to be valid, shall not be guilty of such offence.
(2) If any person who has been evicted from any public premises under
this Act again occupies the premises without authority for such occupation,
he shall be punishable with imprisonment for a term which may extend to one
year, or with fine which may extend to five thousand rupees, or with both.
(3) Any Magistrate convicting a person under sub-section (2) may make
an order for evicting that person summarily and he shall be liable to such
eviction without prejudice to any other action that may be taken against him
under this section.
15. Offences under section 14 to be cognizable.–– The 2[Code of Criminal
Procedure, 1973 (2 of 1974)], shall apply to an offence under section 14 as if it
were a cognizable offence––
(i) for the purpose of investigation of such offence, and
(ii) for the purpose of mater other than––
(1) matters referred to in section 57 of that Code ; and
(2) arrest of a person except on the complaint of, or upon
information received from,––
(a) an officer as may be appointed by the Government, in
the case of an offence in relation to the public premises
specified in sub-clause (1) of clause (d) of section 2 ;
(b) an officer equivalent to the rank of an aforesaid officer of
the Government or where it is not possible to specify an
officer of such equivalent rank, such executive officer as
may be appointed by the statutory authority in the case
of an offence in relation to the public premises specified
in sub-clause (2) of clause (d) of section 2 ;
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “five thousand rupees”.
2. Substituted ibid for “Code of Criminal Procedure, Samvat 1989”.
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(c) the Secretary of the Town Area Committee in the case of
an offence in relation to the public premises belonging
to that committee ;
(d) such officer, in the case of an offence in relation to the
public premises belonging to the Development Authority,
as may be appointed by the Government.
16. Power to obtain information.–– If the estate officer has reason to
believe that any person is in authorized occupation of any public premises, the
estate officer or any other officer authorized by him in this behalf may require
those persons or any other person to furnish information relating to the names
and other particulars of the person in occupation of the public premises and
every person so required shall be bound to furnish the information in his
possession.
17. Liability of heirs and legal representatives. ––(1) Where any person
against whom any proceeding for the determination of arrears of rent or for the
determination of the amount payable by way of interest on such arrears of rent
or damage is to be or has been taken, dies before the proceedings is taken or
during the pendency thereof, the proceeding may be taken or, as the case may
be, continued against the heirs or legal representatives of that person.
(2) Where any person from whom any cost of removal of any building or
other structure or fixture, or as the case may be, any goods, cattle or other
animal is to be recovered under sub-section (2) or sub-section (3) of section 6,
or any expenses of demolition are to be recovered under section 5 or section 7,
or dies, before any proceeding is taken for the recovery of such cost or during
the pendency thereof, the proceeding may be taken or, as the case may be,
continued against the heirs or legal representatives of that person.
(3) Any amount due to the Government or the corporate authority from any
person whether by way of arrears of rent or damages or costs of removal referred
to in section 6 or expenses of demolition referred to in section 7 or interest
referred to in sub-section (3) of section 10 or any other cost or costs shall, after
the death of the person, be payable by his heirs or legal representatives but their
liability shall be limited to the extent of the assets of the deceased in their hands.
18. Recovery of rent, etc. as an arrear of land revenue.–– If any person
refuses or fails to pay the expenses of demolition payable under sub-section
(5) of section 7 or the arrears of rent payable under sub-section (1) of section
10 or the damages payable under sub-section (2) or the interest determined
under sub-section (3) of that section or the costs awarded to the Government
or the corporate authority under sub-section (5) of section 12 or any portion of
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such rent, damages, expenses, interest or costs within the time, if any, specified
therefor in the order relating thereto, the estate officer may issue a certificate for
the amount due to the Collector who shall proceed to recover the same as an
arrear of land revenue.
19. Bar of jurisdiction.–– No 1[civil court] shall have jurisdiction to
entertain any suit or proceeding in respect of––
(a) the eviction of any person who is in unauthorized occupation of
any public premises, or
(b) the removal of any building, structure or fixture or goods, cattle or
other animal from any public premises under section 6, or
(c) the demolition of any building, or other structures made, or ordered
to be made, under section 7, or
(d) the sealing of any erection or work or of any public premises under
section 8, or
(e) the arrears of rent payable under sub-section (1) of section 10 or
damages payable under sub-section (2), or interest payable under
sub-section (3), of that section, or
(f) the recovery of––
(i) costs of removal of any building, structure or fixture or goods,
cattle or other animal under section 6, or
(ii) expenses of demolition under section 7, or
(iii) costs awarded to the Government or statutory authority under
sub-section (5) of section 12, or
(iv) any portion of such rent, damage, costs of removal, expenses
of demolition or costs awarded to the Government or the
statutory authority.
20. Over-riding effect of the Act.–– The provisions of this Act shall have
effect notwithstanding anything to the contrary contained in any other law or
any other law or any instrument having effect by virtue of such other law.
1. Substituted for the word “court” by Act VII of 2016, s. 6.
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21. Protection of action taken in good faith.–– No suit, prosecution or
other legal proceeding shall  lie against the Government or the corporate authority
or the appellate officer or the estate officer in respect of anything which is in good
faith done or intended to be done in pursuance of this Act or of any rules or orders
made thereunder.
22. Delegation of powers.–– The Government, may, by notification in the
1[Government Gazette], direct that any power exercisable by it under this Act
except under section 2 shall, subject to such conditions, if any, as may be specified
in the notification, be exercisable also by an officer of the Government.
23. Power to make rules. ––(1) The Government may, by notification in
the  1[Government Gazette], make rules for carrying out the purposes of this
Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely :––
(a) the form of any notice required or authorized to be given under this
Act and the manner in which it may be served ;
(b) the holding of inquires under this Act ;
(c) the distribution and allocation of work to estate officers and the
transfer of any proceeding pending before an estate officer to
another estate officer ;
(d) the procedure to be followed in taking possession of public
premises ;
(e) the manner in which damages for unauthorized occupation may be
assessed and the principles which may be taken into account in
assessing such damages ;
(f) the manner in which the sealing of any erection or work or any
public premises shall be made under section 8 ;
(g) the rate at which interest shall be payable on arrears of rent specified
in any order made under sub-section (1) of section 10 or damages
assessed under sub-section (2) of that section ;
(h) the manner in which appeals may be preferred and the procedure to
be followed in appeals ;
1. Now Official Gazette.
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(i) any other matter which has to be or may be prescribed.
(3) Every rule under this section shall be laid, as may be after it is made,
before 1[Legislative Assembly of the Union territory of Jammu and Kashmir]
while it is in session for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of
the session in which it is so laid or the session immediately following, 2[Legis-
lative Assembly of the Union territory of Jammu and Kashmir] agree in making
any modification in the rule or 2[Legislative Assembly of the Union territory of
Jammu and Kashmir] agree that the rules should not be made, the rules shall
therafter have effect only in such modified form or be of no effect, as the case
may be so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
24. Repeal. ––(1) The Jammu and Kashmir Public Premises (Eviction of
Unauthorised Occupants) Act, 1959 is hereby repealed.
(2) Notwithstanding such repeal or any judgment, decree or order of any
court, anything done or any action taken (including rules or orders made,
notices issued, evictions ordered or effected, damages assessed, rents or
damages or costs recovered and proceedings initiated) or purported to have
been done or taken under the Jammu and Kashmir Public Premises (Eviction of
Unauthorised Occupants) Act, 1959 shall be deemed to be as valid and effective,
as if such thing or action was done or taken under the corresponding provi-
sions of this Act and accordingly :––
(a) no suit or other legal proceeding shall be maintained or continue in
any court for the refund of any rent or damages or costs recovered
under the Jammu and Kashmir Public Premises (Eviction of
Unauthorised Occupants) Act, 1959 where such refund has been
claimed merely on the ground that the said Act has been repealed ; and
(b) no court shall enforce a decree or order directing the refund of any
rent or damages or costs recovered under the Jammu and Kashmir
Public Premises (Eviction of Unauthorised Occupants) Act, 1959
merely on the ground that the said Act has been repealed.
–––––––
1.Substituted by S.O. 1229(E) dated 31.03.2020 for “each House of State Legislature”.
2. Construed for “both Houses” by S.O. 3912 (E) dated 30.10.2019.

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