Section 37 of Establishment and Constitution of Authority — Application of the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972
Bare section text
Official Legislative Text
37.
- (1)The State Government may, by notification in the Official Gazette, provide from such date as may be specified in such notification that the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972 shall apply to premises belonging to, vesting in or leased by the Authority as that Act applies in relation to public premises subject to the provision of sub-section (2).
- (2)On issue of the notification under sub-section (1), the aforesaid Act of 1972 and
Educational Study Layer
Summary
- The State Government may, by notification in the Official Gazette, extend the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972, to premises connected with the Authority.
- The 1972 Act applies from the specific date appointed by the State Government in that gazette notification.
- The covered properties include premises belonging to the Authority, premises vesting in the Authority, or premises leased by the Authority.
- To implement the 1972 Act, the State Government has the power to appoint an officer of the State Government or of the Authority as the Competent Authority.
- In applying the 1972 Act and its rules, statutory references to "public premises" are legally deemed to refer to premises of the Authority.
- In applying the 1972 Act and its rules, statutory references to the "State Government" are legally deemed to refer to the Authority.
Practical examples
FAQ
1. Which properties are covered when the 1972 Act is applied under Section 37?
Under Section 37(1) of this Act, the 1972 Act applies to premises belonging to, vesting in, or leased by the Authority.
2. Who has the legal power to appoint the Competent Authority under Section 37?
Under Section 37(2)(a) of this Act, the State Government appoints an officer of the State Government or of the Authority as the Competent Authority.
3. How are references to "public premises" interpreted under Section 37?
Under Section 37(2)(b) of this Act, references to "public premises" in the 1972 Act and its rules are deemed to be references to premises of the Authority.
4. How are statutory references to the "State Government" modified under Section 37?
Under Section 37(2)(b) of this Act, references to the "State Government" in the 1972 Act are deemed to be references to the Authority.
5. How does the application of the 1972 Act become legally effective under Section 37?
Under Section 37(1) of this Act, it becomes effective from the date specified in a notification published by the State Government in the Official Gazette.
Practice Quiz
Q1.Under Section 37 of this Act, which official instrument is required to apply the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972, to the Authority's premises?
Q2.Under Section 37 of this Act, which category of property is explicitly subject to the eviction provisions of the 1972 Act?
Q3.Under Section 37 of this Act, who holds the statutory power to appoint the Competent Authority under the 1972 Act?
Q4.Under Section 37 of this Act, when reading the 1972 Act in relation to the Authority's premises, how are references to the "State Government" interpreted?