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State of West Bengal - Section

Section 2 in The West Bengal Government Premises (Regulation of Occupancy) Act, 1984

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context, -
(a)"Appellate Authority" means any authority, superior in rank to the Competent Authority, appointed by the State Government in respect of any Government premises or class of Government premises by notification for the purposes of sub-section (3) of section 11 and sub-section (3) of section 15, and includes different such authorities for different Government premises and different classes of Government premises;
(b)"appointed day" means the date on which this Act comes into force;
(c)"Competent Authority" means an authority, not below the rank of Assistant Secretary to, or Deputy Director under, the Government of West Bengal or Sub-divisional Officer or Executive Magistrate or Sub-divisional Police Officer or Assistant Commissioner of Police or Assistant Engineer or any other officer declared by the State Government to be of rank equivalent to the rank of any officer as aforesaid, appointed by the State Government in respect of any Government premises or class of Government premises by notification for carrying out the purposes of this Act, and includes different such authorities for different Government premises and different classes of Government premises;
(d)"Government premises" means State premises which are not public premises;
(e)"Government Undertaking" means a body corporate constituted by or under a Central or State Act and owned or controlled or managed by the State Government, and includes any company, as defined in section 3 of the Companies Act, 1956, which is under the management of, or in which not less than fifty-one per cent of the paid up share capital is held by, the State Government;
(f)"license" means a license granted under section 7 or anything deemed to be a license within the meaning of section 9;
(g)"license fee", in relation to any Government premises, means the consideration, by whatever name called, payable periodically or otherwise 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, and
(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 Government Undertaking having control over the premises;
(h)"notification" means a notification published in the Official Gazette;
(i)"premises" means any building, shed or hut, used or intended to be used for residential purposes, and includes part of a building, shed or hut and a room or a seat in a room allotted separately, and also includes -
(i)the gardens, grounds, outhouses, garages and godowns, if any, appurtenant thereto, and
(ii)any furniture supplied or any fittings or fixtures affixed for the use of the occupant of such building, garage, godown, shed, hut, room or seat in a room, as the case may be;
(j)"prescribed" means prescribed by rules made under this Act;
(k)"public premises" means State premises in respect of which a declaration has been made under section 3 and includes the State premises mentioned in Schedule II;
(l)"specified distance" means the distance specified in any license or, where no such distance is specified, a distance of twenty kilometres, measured in either case by the shortest surface route from any place;
(m)"specified post", in relation to any Government premises, means any post the headquarters in respect of which are within the specified distance from such premises or any post specified in respect of such premises in any declaration made under section 5 or any post in consideration of which an authority had lawfully been granted to any person for the occupation of such premises before the appointed day;
(n)"State premises" means any premises belonging to, or taken on lease or license or requisitioned by, or on behalf of, the State Government.