Public Premises (Eviction of Unauthorized Occupants) Act, 1971

2. Definitions.-

In this Act, unless the context otherwise require,-

(b) "Estate Officer" means an officer appointed as such by the Central Government under section 3;

(c) "premises" means any land or any building or part of 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;

(d) "prescribed " means prescribed by rules made under this Act;

(e) "public premises" means-

(1) any premises belonging to, or taken on lease or requisitioned by, or on behalf of, the Central Government, and includes any such premises which have been placed by that Government, whether before or after the commencement of the Public Premises (Eviction or Unauthorized Occupants) Amendments Act, 1980, under the control of the Secretariat of either House of Parliament for providing residential accommodation to any member of the staff of that Secretariat;

(2) 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 Central Government or any company which is a subsidiary (within the meaning of that Act ) of the first-mentioned company.

(ii) any corporation (not being a company as company as defined in section 3 of the Companies Act, 1956 or a local authority) established by or under a Central Act and owned or controlled by the Central Government.

(iii) any University established or incorporated by any Central Act.

(iv) any Instituted incorporated by the Institutes of Technology Act, 1961.

(v) any Board of Trustees constituted under the Major Port Trusts Act, 1963.

(vi) the Bhakra Management Board constituted under section 79 of the Punjab Reorganization Act, 1966 and that Board as and when re-named as the Bhakra- Beas Management Board under sub-section (6) of section 80 of that Act.

(vii) any State Government or the Government of any Union Territory situated in the National Capital Territory of Delhi or in any other Union Territory.

(viii) any Cantonment Board constituted under the Cantonments Act, 1924 (2 of 1924); and

(3) in relation to the [National Capital Territory of Delhi],-

(i) any premises belonging to the Municipal Corporation of Delhi, or any municipal committee or notified area committee,

(ii) any premises belonging to the Delhi Development Authority, whether such premises are in the possession of, or leased out by, the said Authority;

(iii) any premises belonging to, or taken on lease or requisitioned by, or on behalf of any State Government or the Government of any Union Territory.

(f) "rent", in relation to any public premises, means the consideration payable periodically for the authorized 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 Central Government or the corporate authority;

(fa) "statutory authority", in relation to the public premises referred to in clause (e) of this section , means,-

(i) in respect of the public premises placed under the control of the Secretariat of either House of parliament, the Secretariat of the concerned House of Parliament.

(ii) in respect of the public premises referred to in item (I) of sub-clause (2) of that clause, the company or the subsidiary company, as the case may be , referred to therein,

(iii) in respect of the public premises referred to in item (ii) of sub-clause (2) of the clause, the corporation referred to therein.

(iv) in respect of the public premises referred to, respectively, it items(iii), (iv), [ (vi) and (vii)] of sub-clause (2) of that clause, the University, Institute of Board, as the case may be, referred to therein, and

(v) in respect of the public premises preferred to in sub- clause (3) of that clause, the Corporation, Committee or Authority, as the case may be, referred to in that sub-clause;]

(fb) "temporary occupation ", in relation to any public premises, means occupation by any person on the basis of an order of allotment made under the authority of the Central Government, a State Government, the Government of a Union Territory or a Statutory Authority for a total period (including the extended period, if any) which is less than thirty days;

(g) "unauthorized 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.

Comment: “To begin with, it is manifest that S. 2 (2) (g) does not use the word 'possession' or the words 'entry into possession, at any point of time at all. The Section merely requires occupation of any public premises. Entry into possession connotes one single terminus, viz., the point of time when a person enters into possession or occupies the property whereas occupation is a continuous process which starts right from the point of time when the person enters into possession or occupies the premises and continues, until he leaves the premises. What is germane for the purpose of interpretation of Section 2  (2) (g) is whether or not the person concerned was in occupation of the public premises when the Premises Act was passed”  M/s. Jain Ink Manufacturing Company, Appellant v. Life Insurance Corporation of India AIR 1981 SUPREME COURT 670

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