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State of Gujarat - Section

Section 2 in The Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972

2. Definitions.

- In this Act, unless the context otherwise requires,-
(a)"Competent Officer" means an officer appointed as such by the State Government under Section 3;
(b)"corporate authority" means any Municipal Corporation, Municipality, Panchayat or other Corporation referred to in clause (f) of this section;
(c)"land" includes benefits to arise out of land and things attached to the earth or permanently fastened to the earth or permanently fastened to anything attached to the earth;
(d)"premises" means any laid or any building or part of a building and includes-
(i)the garden, grounds and outhouses, if any, appertaining to such building or part of a building, and
(ii)any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(e)"prescribed" means prescribed by rules made under this Act;
(f)"public premises" means any premises belonging to or taken on lease or requisitioned by, or on behalf of, the State Government and includes any premises belonging to or taken on lease by, or on behalf of-
(i)any Municipal Corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949) or any Municipality constituted under the Gujarat Municipalities Act. 1963 (Gujarat 34 of 1964).
(ii)a panchayat constituted under the Gujarat Panchayats Act, 1961 (Gujarat VI of 1962).
(iii)any Corporation (not being a company as defined in Section 3 of the Companies Act, 1956 (I of 1956)) established by or under a Central or State Act, and owned or controlled by the State Government, [***] [Word 'and' deleted by Gujarat 6 of 2004, dated 6th March 2004.].
(iv)any University established or incorporated by or under any law in the State of Gujarat or any institution recognised by the University Grants Commission or declared by the Central Government to be a University, in accordance with the provisions of Clause (f) of Section 2 or of Section 3, as the case may be the University Grants Commission Act. 1956; [and] [Added by Gujarat 6 of 2004, dated 6th March 2004.]
(v)[ a public trust registered under the Bombay Public Trust Act, 1950, as the State Government may, by notification in the Official Gazette, declare the premises of such trust to be of national importance or historical interest.] [Clause (v) inserted by Gujarat 6 of 2004, dated 6th March 2004.]
(g)"rent" in relation to any public premises, means the consideration payable periodically for the authorised occupation of the premises, and includes-
(i)any charge for electricity, water or any 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 the State Government or the Corporate authority;
(h)"unauthorised occupation" in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.