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State of Gujarat - Section

Section 2 in The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973

2. Definitions.

- In this Act, unless the context otherwise requires,-
(a)"Board" means the Gujarat Slum clearance Board established under section 21;
(b)"building" includes a house, out-house, stable, latrine, shed, hut and other enclosures or structure whether of masonry, bricks, wood, mud, metal or any other material whatsoever, whether used as a dwelling or otherwise; and also includes verandas, fixed platforms plinths, doorsteps, electric meters, walls including compound walls and the fencing and the like but does not include plant or machinery comprised in a building;
(c)"Court" means -
(i)in the City of Ahmedabad, the Ahmedabad City Civil Court; and
(ii)elsewhere, the Court of Civil Judge (Senior Division) having jurisdiction and if there is no such Court, the District Court having jurisdiction;
(d)"erection" in relation to a building includes extension, alteration or reerection;
(e)"Housing Board" means the Housing Board constituted under the Gujarat Housing Board Act, 1961, (Gujarat XXVII of 1961), or the Rural Housing Board constituted under the Gujarat Rural Housing Board Act, 1972 (Gujarat 22 of 1972); or both, as the case may be,
(f)"land" includes building and benefits to arise out of land and things attached to the earth or permanently fastened to any attached to the earth.
(g)"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;
(iv)a license in occupation of any land or building; and
(v)any person who is liable to pay to the owner damages for the use, and occupation of any land or building;
(h)"owner" includes any person, who is receiving or is entitled to receive the rent of any land or building, whether on his own account or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who is entitled to receive the rent, if the land or building were let to a tenant;
(i)"prescribed" means prescribed by rules made under this Act.
(j)"prescribed authority" means such authority or person as the State Government may by notification in the Official Gazette appoint as the prescribed authority for the purposes of this Act.
(k)"Rent Act" means the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay LVII of 1947);
(l)"slum area" means any area declared to be a slum area under sub-section (1) of section 3;
(m)"slum clearance" means the clearance of any slum area by the demolition and removal of buildings therefrom;
(n)"slum clearance area" means any slum area declared to be a slum clearance area under section 11;
(o)"work of improvement" in relation to any building in a slum area includes the execution of any one or more of the following works, namely:-
(i)necessary repairs;
(ii)structural alterations;
(iii)provision of light points, water-taps and bathing places;
(iv)construction of drains, open or covered;
(v)provision of latrines, including conversion of day latrines unto flush latrines;
(vi)provision of additional or improved fixtures or fittings;
(vii)opening up or paving of court yards;
(viii)removal of rubbish;
(ix)replotting or realignment of streets; and
(x)any other work including the demolition of any building or any part thereof which in the opinion of the prescribed authority is necessary for executing any of the works specified above.