Occupation, also is employed as referring to that which occupies time and attention; a calling; or a trade; and it is only as employed in this sense that the word is discussed in the following paragraphs.
There is nothing ambiguous about the word 'occupation' as it is used in the sense of employing one's time. It is a relative term, in common use with a well-understood meaning, and very broad in its scope and significance. It is described as a generic and very comprehensive term, which includes every species of the genus, and encompasses the incidental, as well as the main, requirements of one's vocation calling, or business. The word 'occupation' is variously defined as meaning the principal business of one's life; the principal or usual business in which a man engages; that which principally takes up one's time, thought, and energies; that which occupies or engages the time and attention; that particular business, profession, trade, or calling which engages the time and efforts of an individual; the employment in which one engages, or the vocation of one's life; the state of being occupied or employed in any way, that activity in which a person, natural or artificial, is engaged with the element of a degree of permanency attached, Corpus Juris Secundum, Vol. 67; see also T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.
It does not necessarily indicate the idea of profit. A man may have an occupation from which he does not get any profit, and never intends to get any profit. He may have as an occupation the printing and publishing of papers, or books or pamphlets, for a charitable society, for which he charges nothing, Portman v. Home Hospital Association, (1879) 27 Ch D 81.
Has a wide meaning such as any regular work, profession, job, principal activity, employment, business or a calling in which an individual is engaged, Sodan Singh v. New Delh Municipal Committee, (1989) 4 SCC 155.
Is defined as 'an activity in which one engages' or a craft, trade, profession or other means of earning a living, Wester's Third New International Dictionary, p. 1650; see also T.M.A. Pai Foundation v. State of Karnataka, (2005) 8 SCC 481.
Means 'to take possession of, occupy, employ', Webster's Third New Dictionary.
Means possession control, tenure, use, Black's Law Dictionary, 5th Edn.
Occupation, possession; act of taking possession; also, trade or mystery; and see OCCUPIER.
'Occupation' of the premises in cl. (g) does not necessarily refer to occupation as residence. The owner can occupy a place by making use of it in any manner, Ramniklal Pitambardas Mehta v. Indradaman Amratlal Sheth, AIR 1964 SC 1676 (1680): (1964) 8 SCR 1. [Bombay Rents and Lodging House Rates Control Act, 1947, s. 13(1)(g)]
The words 'occupation' and 'use' by themselves do not convey the idea of transfer of title. Similarly the 'setting apart of land' for the purposes mentioned in clause (a) cannot be read as implying transfer of title. The bracketting together of the words 'allotment, occupation or use, or setting apart of land' for the purposes mentioned therein without using words like 'transfer' or 'alienation' is clearly indicative of the Constitution-makers' intention to restrict power of the District Council only to make laws with respect to actual use or occupation of the land allotted or set apart for the purposes stated therein, District Council of United Khasi and Jaintia Hills v. Miss Sitimon Sawian, AIR 1972 SC 787: (1971) 3 SCC 708: (1972) 1 SCR 398.
The word 'occupation' in sub-s. (3) of s. 11 has been used in its ordinary dictionary sense meaning the actual user of the property for the purpose for which it is meant, and that it cannot be restricted in its meaning by making it synonymous with residence. The cinema house and not to the residential portions of the premises, Balmakund Khatry v. Hari Narain, AIR 1949 Pat 31 (35).
A territory is considered as occupied when it finds itself in fact placed under the authority of a hostile army. This means that occupation is by military authorities, Rev. Mons. Sebastiao Francisco Xavierdos Remedios Monteiro v. State of Goa, AIR 1970 SC 329: (1969) 3 SCC 419.
The establishment and running of an educational institution where a large number of persons are employed as teachers or administrative staff, and an activity is carried on that results in the imparting of knowledge to the students, must necessarily be regarded as an occupation, even if there is no element of profit generation education per se, will fall under any of the four expressions in Article 19(1)(g). 'Occupation' would be an activity of a person undertaken as a means of livelihood or a mission in life', T.M.A Pai Foundation v. State of Karnataka, (2002) 8 SCC 481 (535). [Constitution of India, Article 19(1)(j)]
The word occupation refers to lawful occupation, Amar Singh v. Union of India, AIR 1967 Del 110 (111). [Displaced Persons (Compensation and Rehabilitation) Rules, 1955]
The words 'Occupation' and 'residence' are not synonymous 'letting the house by the owner would amount to an act of occupation', Harjit Singh v. Harban Lal, AIR 1991 P&H 217. [See UP Urban Buildings Regulation of Letting Rent and Eviction Act, 1972]