Definitions

In this Act, unless the context otherwise requires,- (1) "Commissioner" means the Commissioner of a division; (1-a) "Claims Commissioner" means an officer of the Indian Administrative Service or the Punjab Civil Service working in the Department of Revenue, who is not below the rank of an Additional Secretary and is duly appointed as such by the State Government; (1-b) "Claims Officer" means the Tehsildar (Sales), appointed under section 3 of the Act; (1-c) "displaced person" means any person, who on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or the fear of such disturbances in any area, now forming part of Pakistan, has after the first day of March, 1947, left, or been displaced from his place of residence in such area, and who has been subsequently residing in India, and includes any person, who is resident of any place, now forming part of India, and who for that reason is unable or has been rendered unable to manage, supervise or control any immovable property belonging to him in Pakistan and also includes the successors-in-interest of any such person; (1-d) "package deal property" means the surplus evacuee property taken over by the State Government and referred to in the Government of India letter- (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; including 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) "Scheduled 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 equal to 4840 (four thousand eight hundred and forty) square yards irrespective of any kind of land; (4) "State Government" means the Government of the State of Punjab; and (5) "unauthorised occupation" 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 authorized 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 purpose 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.