Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 2 - Bare Act |
| State | Central Government |
| Year | 1971 |
| Section Title | Definitions |
In this Act, unless the context otherwiserequires,--
(a)1 [* * *]
(b) "estate officer" means an officer appointedas such by the Central Government under Section 3;
(c) "premises' means any land or anybuilding or part of a building and includes,--
(i) the garden, grounds and outhouses, ifany, appertaining to such building or part of a building, and
(ii) any fittings affixed to suchbuilding or part of a building for the more beneficial enjoyment thereof;
(d) "prescribed" meansprescribed by rules made under this Act;
2 [(e) "public premises" means--
(1) any premises belonging to, or takenon lease or requisitioned by, or on behalf of the Central Government, andincludes any such premises which have been placed by that Government, whetherbefore or after the commencement of the Public Premises (Eviction of UnauthorisedOccupants) Amendment. Act, 1980 under the control of the Secretariat of eitherHouses of Parliament for providing residential accommodation to any member ofthe staff of that Secretariat;
(2) any premises belonging to, or takenon lease by, or on behalf of,--
(i) any company as defined in section 3of the Companies Act, 1956, in which not less than fifty-one per cent, of thepaid-up share capital is held by the Central Government or any company which isa subsidiary (within the meaning of that Act) of the first-mentioned company,
(ii) any corporation (not being a companyas defined in section 3 of the Companies Act, 1956, or a local authority)established by or under a Central Act and owned or controlled by the CentralGovernment.
(iii) any University established orincorporated by any Central Act,
(iv) any Institute incorporated by theInstitutes of Technology Act, 1961,
(v) any Board of Trustees constitutedunder the Major Port Trusts Act, 1963,
(vi) the Bhakra Management Boardconstituted under section 79 of the Punjab Reorganisation Act, 1966, and thatBoard as and when re-named as the Bhakra-Beas Management Board under sub-section(6) of section 80 of that Act 3 [* * *].
3 [(vii) any State Government or theGovernment of any Union territory situated in the National Capital Territoryof Delhi or in any other Union territory.
(viii) any Cantonment Board constitutedunder the Cantonments Act, 1924; and]
(3) in relation to the4 [NationalCapital Territory of Delhi],--
(i) any premises belonging to theMunicipal Corporation of Delhi, or any Municipal Committee or notified areacommittee, 5 [*].
(ii) any premises belonging to the DelhiDevelopment Authority, whether such premises are in the possession of, or leasedout by, the said Authority;] 5 [and],
5 [(iii) any premises belonging to, ortaken on lease or requisitioned by, or an behalf of any State Government or anyUnion Territory.]
(f) "rent", in relation to anypublic premises, means the consideration payable periodically for the authorisedoccupation of the premises, and includes--
(i) any charge for electricity, water orany 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 theCentral Government or the corporate authority;
6 [(fa) "statutory authority", inrelation to the public premises referred to in clause (e) of this section,means,--
(i) in respect of the public premisesplaced under the control of the Secretariat of either House of Parliament, theSecretariat of the concerned House of Parliament,
(ii) in respect of the public premisesreferred to in item (i) of sub-clause (2) of that clause, the company or thesubsidiary company, as the case may be, referred to therein,
(iii) in respect of the public premisesreferred to in item (ii) of sub-clause (2) of that clause, the corporationreferred to therein,
(iv) in respect of the public premisesreferred to, respectively, in items (iii), (iv), (v) and (vi) of sub-clause (2)of the clause, the University, Institute or Board, as the case may be referredto therein, and
(v) in respect of the public premisesreferred to in sub-clause (3) of that clause the Corporation, Committee orAuthority, as the case may be, referred to in that sub-clause;]
7 [(fb) "temporary occupation" inrelation to any public premises, means occupation by any person on the basis ofan order of allotment made under the authority of the Central Government, aState Government, the Government of a Union Territory or a statutory authorityfor a total period (including the extended period, if any) which is less thanthirty days;]
(g) "unauthorised occupation",in relation to any public premises, means the occupation by any person of thepublic premises without authority for such occupation, and includes the continuancein occupation by any person of the public premises after the authority (whetherby way of grant or any other mode of transfer) under which he was allowed tooccupy the premises has expired or has been determined for any reasonwhatsoever.
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1. Clause(a) omitted by the Public Premises (Eviction of Unauthorised Occupants)Amendment Act, 1980 (61 of 1980), section 2 (20-12-1980).
2. Clause(e) substituted by the Public Premises (Eviction of Unauthorised Occupants)Amendment Act, 1980 (61 of 1980), section 2 (20-12-1980).
3. Word"and" omitted and inserted by the Public Premises (Eviction ofUnauthorised Occupants) Amendment Act, 1980 (61 of 1980), section 2(20-12-1980), Act (7 of 1994), section 2 (1-6-94).
4. Substitutedfor the words "union territory of Delhi" by the Public Premises(Eviction of Unauthorised Occupants) Amendment Act, 1980 (61 of 1980), section 2(20-12-1980), Act (7 of 1994), section 2 (1-6-94).
5. Word"and" in item (i) omitted, word "and" added after item (ii)and item (iii) inserted by the Public Premises (Eviction of UnauthorisedOccupants) Amendment Act, 1980 (61 of 1980), section 2 (20-12-1980), Act (7 of1994), section 2 (1-6-94).
6. Insertedby the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980(61 of 1980), section 2 (20-12-1980).
7.Insertedby the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980(61 of 1980), section 2 (20-12-1980), Act (7 of 1994), section 2 (1-6-94).