Central

Section 2 of The Requisitioning and Acquisition of Immovable Property Act, 1952

Definitions.

In this Act, unless the context otherwise requires,--

(a)"award" means any award of an arbitrator made under section 8;
(b)"competent authority" means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification;
(c)"landlord" means any person who for the time being is receiving or is entitled to receive, the rent of 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 if the premises were let to a tenant;
(d)the expression "person interested", in relation to any property, includes all persons claiming, or entitled to claim, an interest in the compensation payable on account of the requisitioning or acquisition of that property under this Act;
(e)"premises" means any building or part of a building and includes--
1. (i)the garden, grounds and outhouses, if any, appertaining to such building or part of a building;
2. (ii)any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(f)"prescribed" means prescribed by rules made under this Act;
(g)"property" means immovable property of every kind and includes any rights in or over such property;
(h)"tenant" means any person by whom or on whose account rent is 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.

Summary

An award is defined as the final decision on compensation made by an arbitrator appointed under Section 8.
A competent authority is a person or office chosen by the Central Government and announced in the Official Gazette (the official government record) to handle properties in a specific area.
A landlord is anyone who receives or is entitled to receive rent for a building, whether for themselves or on behalf of someone else as a trustee, guardian, or receiver.
A person interested includes anyone who has a legal right to claim a share of the compensation money when a property is taken or bought.
Premises refers to any building or part of a building, including connected gardens, yards, outhouses, and fittings attached to it for better enjoyment.
Property means any kind of immovable property, such as land or buildings, while a tenant is anyone who pays rent, including sub-tenants who got their rights legally.

Practical examples

1In April 1955, Mr. Ramesh Patel was acting as the legal guardian for his minor niece and collected rent for her apartment building. Under Section 2, Ramesh is considered the landlord of the premises even though he does not own the building himself.

2In June 1968, the government requisitioned a warehouse. Mrs. Sita Sen owned a small share of the warehouse land, meaning she was entitled to a portion of the compensation. Under Section 2, she is classified as a person interested.

FAQ

1. What does premises mean under this Act?

It means any building or part of a building, and it includes gardens, grounds, outhouses, and any fittings attached to the building.

2. Who decides who a competent authority is?

The central government decides and must publish their choice in the Official Gazette, specifying the exact area the authority can manage.

3. What is an award under this Act?

An award is specifically defined as the decision or ruling on compensation made by an arbitrator under Section 8.

4. Can a sub-tenant be considered a tenant under this Act?

Yes, the definition of tenant includes sub-tenants and any other persons who got their rights from the tenant according to the law.

Test yourself

1.Under Section 2 of The Requisitioning and Acquisition of Immovable Property Act, 1952, how does the definition of an "award" depend on Section 8 of the same Act?

2.Under Section 2 of The Requisitioning and Acquisition of Immovable Property Act, 1952, who is considered a landlord?

3.Under Section 2 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what does the term "premises" include?

4.Under Section 2 of The Requisitioning and Acquisition of Immovable Property Act, 1952, who is defined as a "person interested" in relation to any property?

5.Under Section 2 of The Requisitioning and Acquisition of Immovable Property Act, 1952, how is a competent authority appointed?

6.Under Section 2 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what is included in the definition of a "tenant"?

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