Occupier - Definition - Law Dictionary Home Dictionary Definition occupier

Definition :

Occupier, includes, --

(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable.

(ii) an owner in occupation of or otherwise using his land or building.

(iii) a rent-free tenant of any land or building, and

(iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building. [The Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(i)]

Means a person who occupies a site or building within a zone and including his successors and assignees. [The Rajasthan Special Economic Zones Development Act, 2003, s. 2(h)]

Occupier, of a jute-mill means the person who has ultimate control over the affairs of the jute-mill. [The West Bengal Value Added Tax Act, 2003, s. 2(25)]

The person residing in or upon or having a right to reside in or upon any house, land, or place; formerly rateable to the poor rate under the Poor Relief Act, 1601, 43 Eliz. c. 2, and as 'inhabitant occupier' and entitled to the parliamentary franchise, under the Representation of the People Acts, 1867 and 1884, now a person liable to pay rates by reason of occupation of premises under the (English) Rating and Valuation Acts, 1925, 1932, and see (English) Representation of the People Act, 1918 (7 & 8 Geo.5. s. 641), s. 3.

In common parlance, an 'occupier' is one who 'takes' or (more usually) 'holds' possession: SHORTER OXFORD DICTIONARY, 3rd Edn. Vol. 2, p. 1433. In the legal sense, an occupier is a person in actual occupation, Industrial Supplies Pvt. Ltd. v. Union of India, AIR 1980 SC 1858: (1980) 4 SCC 341: (1981) 1 SCR 375.

In relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(vi)]

In relation to any factory or premises, means a person who has control over the affairs of the factory or the premises and includes, in relation to any substance, the person in possession of the substance. [Environment (Protection) Act, 1986, s. 2(f)]

In relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance the person in possession of the sub-stance. [Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), s. 2(m)]

In relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance. [Water (Prevention and Control of Pollution) Act, 1974, s. 2(d)]

It includes an owner in occupation of, or otherwise using his own land or building. [Cantonments Act, 1924, s. 2(xxiii)]

It means the owner or person in occupation of the premises where energy is used or proposed to be used. [Indian Electricity Rules, 1956, R. 2(1)(af)]

The expression 'occupier' would take in its sweep every person who is in occupation of the area declared as slum area and irrespective of the character of possession of such person, Tah Mohamed Yakub v. Abdul Gani Bhikan, AIR 1991 Bom 236 (239). [Maharashtra Slum Area (Improvement, Clearance and Development Act), 1971, s. 2(e)(v), 22(1)]

Occupier includes, (a) any person who is paying or is liable to pay to the owner the rent or any, portion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of or otherwise using his own land or building; (c) a rent free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner of land or building damages for the use and occupation of such land or building. [Manipur Municipalities Act, 1994 (43 of 1994), s. 2(38)]

The term occupier as defined in s. 2(16) includes an owner who is in occupation othe premises. [Uttar Pradesh Water Supply and Sewerage Act (43 of 1975), s. 52, 2(16)]