Section 2 in Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972
2. Definitions.
- In this act unless the context otherwise requires, -(a)"Corporate authority" means any company local authority corporation of society referred to in Clause (e) of this section;(aa)"law relating to land tenure" means the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, the Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956, the Jaunsar Bawar Zamindari Abolition and Land" Reforms Act, 1956, the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960, the Uttar Pradesh Consolidation of Holdings Act, 1953, or the U.P. Imposition of Ceiling on Land Holdings Act, 1960. as amended from time to time;(b)"premises" means any land (including any forest land or trees standing thereon or covered by water or a road maintained by the State Government or land appurtenant to such road) or any building or part of a building and includes-(i)the garden, grounds, and out-houses, if any, appertaining to such building or part of a building, and(ii)any fittings or fixtures affixed to or any furniture supplied with such building or part of a building for the more beneficial enjoyment thereof, but does not include land which for the time being is held by a tenure-holder under any law relating to land tenures.(c)"prescribed" means prescribed by rule made under this Act.(d)"Prescribed Authority" means an officer appointed as Prescribed Authority by the State Government under Section(e)"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 company as defined in Section 3 of the Companies Act, 1956, in which not less than fifty-one per cent of the paid-up share capitals held by the State Government: or(ii)any local authority; or(iii)any Corporation (not being a company as defied in Section 3 of the Companies Act, 1956 or a local authority) owned or controlled by the State Government: or(iv)any society registered under the Societies Registration Act, 1860, the governing body whereof consists, under the rules or regulations of the society, wholly of public officers or nominees of the State Government or both:and also includes, -(i)Nazul land or any other premises entrusted to the management of local authority (including any building built with Government funds on land belonging to the State Government after the entrustment of the land to that local authority, not being land vested in or entrusted to the management of a Gaon Sabha or any other local authority, under any law relating to land tenures):(ii)any premises acquired under the Land Acquisition Act, 1894 with the consent of the State Government for a company (as defined in that Act) and held by that company under an agreement executed under Section 41 of that Act providing for re-entry by the State Government in certain conditions:(f)"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 or any other thing supplied 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 and in the case of lease of any public premises by a corporate authority also includes premium and interest payable to such authority;(g)"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 or the capacity in which he was allowed to hold or occupy the premises} has expired or had been determined for any reason whatsoever and also includes continuance in occupation in the circumstances, specified in Sub-section (1) of Section 7 and a person shall not, merely by reason of the fact that he had paid any amount as rent, be deemed to be in authorised occupation."
