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Report No. 10

2. Definitions.-

In this Act, unless the context otherwise requires,-

(a) "appropriate Government" means, in relation to acquisition or requisitioning of land for the purposes of the Union, the Central Government, and in relation to acquisition or requisitioning of land for purposes other than those of the Union, the State Government;

["Appropriate Government"] [Section 3(ee), L.A.A.]

(b) "Collector" includes any officer specially appointed by the appropriate Government to perform, the functions of a Collector under this Act;

["Collector"[ [Section 3(c), L.A.A.]

(c) "Company" means-

(i) a company formed and registered under the Companies Act, 1956; (1 of 1956)

(ii) a company formed and registered under any previous company law for the time being in force in any part of India other than the State of Jammu and Kashmir;

(iii) a company formed and registered under any other law for the time being in force in the State of Jammu and Kashmir;

(iv) a company-

(a) incorporated under any law relating to companies for the time being in force in any foreign country, and

(b) having the principal place of business in India;

(v) a company incorporated by an Indian law relating to a particular company;

(vi) a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any law corresponding to that Act for the time being in force in any part of India;

(vii) an industrial concern ordinarily employing ten or more workmen in a manufacturing process carried on without aid of power or twenty or more workmen in a manufacturing process carried on without the aid of power; and

(viii) a corporation created by or under any law for the time being in force in any part of India not being a corporation owned or controlled by the State;

["Company"] [Section 3(c), L.A.A.] [Section 38A, L.A.A.]

(d) "competent authority" means any person or authority authorised by the appropriate Government, by notification in the Official Gazette, to perform the functions of the competent authority under Part III for such area as may be specified in the notification;

["Competent authority"] [section 2(b), R.A.]

(e) "Co-operative Society" means a registered society within the meaning of the Co-operative Societies Act, 1912 (2 of 1912), or any society registered under any law corresponding to that Act for the time being in force in any part of India;

["Co-operative Society"] [New]

(f) "court" means a principal civil court of original jurisdiction, and includes any other civil court empowered by the State Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction;

["Court"] [Section 3(d), L.A.A.]

(g) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

["Land"] (Section 3(d), L.A.A.]

(h) "landlord" means any person who for the time being is receiving, or is entitled to receive, or has received the rent of or premium for any premises, whether on his own account, or on account or on behalf or for the benefit, of any other person or as a trustee, guardian or receiver for any other person, or who would so receive the rent or be entitled to receive the rent or premium if the premises were let to a tenant;

["Landlord"] [Section 2(c), R.A.]

(i) "local authority" includes a town planning authority;

["Local authority"] [New]

(j) the expression "person interested" includes all persons claiming, or entitled to claims, an interest in compensation payable on account of the acquisition or requisitioning of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;

["Person interested"] [Section 3(b) L.A.A.]

"premises" means 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;

(ii) any fittings affixed to such building or part of building for the more beneficial enjoyment thereof;

["Premises"] [Section 2(e), R.A.]

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

["Prescribed"] [Section 2(f), R.A.]

(m) "public purpose" includes?

(i) the provision of village sites in districts in which the appropriate Government shall have declared by notification in the Official Gazette that it is customary for the Government to make such provision;

(ii) the provision of land for planned development from public funds and subsequent disposal thereof in whole or in part by lease assignment or outright sale with the object of securing further development as planned;

(iii) the provision of land for town or rural planning under any law relating to such planning;

(iv) the provision of land-

(1) for carrying out any housing scheme or health scheme sponsored by the Union Government or any State Government or a local authority, or

(2) for clearing slum areas, or

(3) for relieving congestion, or

(4) for housing poor, landless, or displaced parsons, or persons residing in areas affected by floods:

(v) the provision of-

(1) residence for any person holding an office of profit under the Central Government or accredited as a diplomatic consular or trade representative of a foreign Government.-

(2) building for locating a public office;

(vi) the provision of land for corporations owned or controlled by the State, or other nationalised industries or concerns;

(vii) the provision of land for any local authority and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development;

(viii) the provision of land for a company1

1. Cf. Section 40(1)(a) and (b), LAA.

(a) for the erection of dwelling houses for workmen employed by the company or for the provision of amenities directly connected therewith; or

(b) where the land, is needed for the construction of some work and such work is likely to prove substantially useful to the pubic;

(ix) the provision of land for a co-operative society-

(a) for the erection of dwelling houses for workmen employed by the co-operative society or for the provision of amenities directly connected therewith; or

(b) where the land is needed for the construction of some work and such work is likely to prove substantially useful to the public; or

(c) where the land is needed by a building co-operative society for the construction of houses

(x) the provision of land for any charitable trust;

Explanation.-"Charitable trust" includes a trust established or to be established for the relief of the poor, education, medical relief or advancement of any other object of general public utility;

["Public purpose"] [Section 3(f), L.A.A.]

(n) "tenant" means any person by whom or on whose account premium or rent is paid or payable, or both are paid or payable, for any premises and includes such sub-tenants and other persons as have derived title under the tenant under any law for the time being in force.

["Tenant"] [Section 2(h), L.A.A.]



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