2. In this act unless the context otherwise requires, -
(a)
"Corporate authority" means any company, local authority, corporation or society referred to in Clause (e) of this section;
1 [(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 tenure;—
(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 3;
(e)
2 [
"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 capital is 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 a 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 intrusted 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:
3[ (v) on any immovable property belonging to Waqf]
and also includes, -
4 [but does not include, the Public Premises which are under the Administrative control of the Estate Department and which are occupied by,–
(a) a Minister of the Government of Uttar Pradesh or a person given rank of a minister ;
(b) a member of Parliament, a Member of Legislative Assembly or the Legislative Council of Uttar Pradesh ;
(c) a non-Government organization, whether incorporated or registered or not;
(d) a political party not recognized by the Election Commission of India;
(e) a society registered under the Societies Registration Act, 1860, a trust registered under the Indian Trusts Act, 1888 or any Trade Union registered under the Trade Unions Act or any employees’, association or any body of persons, whether incorporated or not ;
(f) any outfit or frontal or other organization of a Political Party, whether recognized or not;
(g) any person who is not government servant, or who is allotted the Public Premises by virtue of his being office bearer or representative of a Society, Trust or any body or persons, whether incorporated or not.]
5
(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 of the corporate authority;
6 [and in the case of lease or any public premises by a corporate authority, also includes premium and interest payble to such authorities;]
(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.
1. Subs. by sec. 25 (1) of U.P. Act No. 28, 1976 and deemed always to have been
substituted.
2. Subs. by sec. 25 of U.P. Act No. 28, 1976 and deemed always to have been substituted.
3. Ins. by sec. 2 of U.P. Act No. 15 of 2014.
4. Ins. by sec. 2 of U.P. Act No. 15 of 2008 and be deemed to have always been inserted.
5. Ins. by sec. 2 of U.P. Act No. 15 of 2014.
6. Add. by sec. 25 (3) of U.P. Act No. 28 of 1976.