Section 2 in The Bombay Tenancy and Agricultural Lands Act, 1948
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-(1)[ "agriculture" includes horticulture, the raising of crops, grass or garden produce, [the use by an agriculturist of the land held by him or a part thereof for the grazing of his cattle, the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rab manure] [Clauses (1) an (1A) were substituted for the original clause (1) by Bombay 13 of 1956, section 2(1).] but does not include allied pursuits, or the cutting of wood only:[Provided that in the case of such tracts of land abounding in natural growth of grass as the State Government may, by notification, in the Official Gazette, specify, "agriculture" shall include the cutting of grass for any purpose;] [This proviso was added by Gujarat 16 of 1960, section 2.](1A)"agricultural labourer" means a person whose principal means of livelihood is manual labour on land;](2)"agriculturist" means a person who cultivates land personally;(2A)[ "allied pursuits" means dairy farming, poultry framing, breeding of livestock, grazing [(other than the pasturage of one's own agricultural cattle)] [Clauses (2A), (2B), (2C), (2D), and 2(E) were substituted for clause (2A) by Bombay 13 of 1956, s.2(2).] and such other pursuits as may be prescribed;(2B)"appointed day" means the 15th day of June, 1955;(2C)"backward area" means any area declared by the State Government to be a backward area, being an area in which, in the opinion of the State Government, socially, economically and educationally and educationally backward classes of citizens predominate, and includes an area declared to be a Scheduled area under paragraph 6 of the Fifth Schedule to the Constitution of India;(2D)"ceiling area" means in relation to land held by a person, whether as an owner or tenant or partly as owner and partly as tenant, the area of land fixed as a ceiling area under section 5 or 7;(2E)"Collector" includes an Assistant or Deputy Collector performing the duties and exercising the powers of the Collector under the Bombay Land Revenue Code, 1879 (Bombay V of 1879), or any other officer specially empowered by the State Government to perform the functions of the Collector under this Act;](3)"Co-operative Society" means a society registered under the provisions of the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925), or a society deemed to have been registered under the said Act;(4)"Co-operative Farming Society" means a society registered as such under the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925),(5)[ "to cultivate" with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce, whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon; and the expression "uncultivated" shall be construed correspondingly. [Clause (5) was substituted for the original, by Bombay 13 of 1956, section 2(3).]Explanation: - A person who takes up a contract to cut grass, or to gather the fruits or other produce of trees on any land, shall not on that account only be deemed to cultivate such land;](6)[ "to cultivate personally" means to cultivate land on one's own account- [Clause (6) was substituted for the original, by Bombay 13 of 1956, Section 2(4).](i)by one's own labour, or(ii)by the labour of any member of one's family, or(iii)under the personal supervision of oneself or any member of one's family, by hired labour or by servants on wages payable in cash or kind but not in crop share, being land, the entire area of which-(a)is situated within the limits of a single village, or(b)is so situated that no piece of land is separated from another by a distance of more than five miles; or(c)forms one compact block;[***]Explanation I: - A widow or a minor, or a person is subject to physical or mental disability, or a serving member of the armed forces shall be deemed to cultivate the land personally if such land is cultivated by servants, or by hired labour, or through tenants.Explanation II: - In the case of a joint family, the land shall be deemed to have been cultivated personally, if it is cultivated by any member of such family, [and in the case of a family other than a joint family, a person, other than the husband, or as the case may be, wife of the person concerned or any of his lineal descendants dependant on him, shall not be deemed to be a member of the family.] [This proviso was added, by Gujarat 5 of 1973, section 2 (1) (b).][***] [Explanation III deleted by Gujarat 4 of 1995, dated 6th April, 1995.]Provided that, for the purpose of this Explanation, it shall not be necessary for a person to so reside in such village or place if a certificate is granted by the Collector to such person that owing to the smallness of his holding, limited income from agriculture or any other reason as may be prescribed, it is not possible for him to so reside at such village or place, without detriment to his means of livelihood, and such certificate is in force.];[***] [This proviso was deleted by Gujarat 5 of 1973, section 2(l)(a).](6A)[ "to hold land" as an owner or tenant shall, for the purposes of clause (2D) of this section and sections 32A, 32B, 34 and 35, mean to be area of land fixed as an economic holding under section 6 or 7; [Clause (6A) and (6B), were inserted by Bombay 13 of 1956, section 2(5).](6B)"fragment" means a fragment as defined in sub-section (4) of section 2 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1956)];(6C)[ "to hold land" as an owner or tenant shall, for the purposes of clause (2D) of this section and sections 32A, 32B, 34 and 35, mean is be lawfully in actual possession of land as an owner or tenant, as the case may be] [Clause (6C) was inserted by Bombay 15 of 1957, section 2(e).];(7)"improvement" means with reference to any land, any work which adds to the value of the land and which is suitable thereto as also consistent with the purpose for which it is held; and includes-(a)the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;(b)the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage from water;(c), the reclaiming, clearing, enclosing, levelling or terracing of land;(d)the erection of buildings on the land, required for the convenient or profitable use of such land for agricultural purposes; and(e)the renewal or reconstruction of any of the foregoing works or alterations therein or additions thereto as are not of the nature of ordinary repairs; but does not include such clearances, embankments, levellings, enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary course of agriculture;(7A)[ "joint family" means an undivided Hindu Family, and in the case of other persons a group or unit the members of which are by custom joint in estate or residence;] [Clause (7A) was inserted by Bombay 13 of 1956, section 2(6).](8)[ "land" means- [Clause (8) was substituted for the original, by Bombay 13 of 1956, section 2(7).](a)land which is used for agricultural purposes [or which is so used but is left fallow, and includes the sites of farm buildings] appurtenants to such land; and(b)for the purposes of sections 11, 16, 17, 17A, 17B, 18, 19, 20, 26, 28, 29, 29A, 30, 41, [43] [These figures were inserted by Gujarat 30 of 1977, section 2.], 63, 64, 64A, 84A, 84B, and 84C-(i)the sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses.(ii)the site of structures used by agriculturists for allied pursuits;](9)"landholder" means a zamindar, jagirdar, saranjamdar, inamdar, talukdar, malik or khot or any person not hereinbefore specified who is a holder of land or "who is interested in land and whom the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government has declared on account of the extent and value of the land or his interests therein to be a landholder for the purposes of this Act;(9A)[ "landless person" means a person who, holding no land for agricultural purposes, whether as an owner or tenant earns his livelihood principally by manual labour; and intends to take the profession of agriculture and is capable of cultivating land personally;] [Clause (9A) was inserted by Bombay 13 of 1956, section 2(8).](10)"Mamlatdar" includes a Mahalkari and any other officer, whom the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may appoint to perform the duties of a Mamlatdar under this Act;(10A)[ "permanent tenant" means a person- [Clause (10A) was inserted by Bombay 13 of 1956, section 2(9).](a)who immediately before the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (Bombay XIII of 1956) (hereinafter called "the Amending Act, 1955"),-(i)holds land as mulgenidar or mirasdar; or(ii)by custom, agreement, or the decree or order of a Court holds the land on lease permanently; or(b)the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity;and includes a tenant whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as a permanent tenant immediately before the commencement of the Amending Act, 1955];(11)"person" includes [a joint] [These words were substituted for the words 'an undivided' by Bombay 13 of 1956, section 2(10).] [***] [The word 'Hindu' was deleted by Bombay 38 of 1957, section 2(2).] family;(12)"prescribed" means prescribed by rules made under this Act;(13)"profits of agriculture" in respect of any land means the surplus remaining [with the holder] [These words were substituted for the words 'with the cultivator' by Bombay 13 of 1956, section 2(1 l)(a)] after the expenses of cultivation including the wages of the cultivator working on the land are deducted from the gross produce.[Explanation. - If the members of the family of a holder work on the land for the purpose of cultivation thereof, the labour of such members shall be taken into account in estimating the expense of cultivation referred to in this clause] [This Explanation was inserted, by Bombay 13 of 1956, section 2(11)(b).];(14)"protected tenant" means a person who is recognised to be a protected tenant [under section 4A] [These words, figure and letter were substituted for the words and figures 'under section 31', by Bombay 13 of 1956, section 2(12).];[***] [Clause (15) was deleted, by Bombay 13 of 1956, section 2(13).](16)"rent" means any consideration, in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour;(16A)[ "serving member of the armed force" means a person in the service of the armed forces of the Union; provided that if question arises whether any person is a serving member of the armed forces of the Union, such question shall be decided by the State Government, and its decision shall be final; [Clause (16A) and (16B) were inserted, by Bombay 13 of 1956, section 2(14).](16B)"small holder" means an agriculturist cultivating land less in area than an economic holding who earns his livelihood principally by agriculture or by agricultural labour;](16C)[ "specified date" means the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972 (Gujarat 5 of 1973.)] [Clause (16C) was inserted by Gujarat 5 of 1973, section 2(2).];(17)"tenancy" means the relationship of landlord and tenant;(18)[ "tenant" means a person who holds land on lease and includes- [This clause was substituted for the original by Bombay 13 of 1956, section 2(15).](a)a person who is deemed to be a tenant under section 4;(b)a person who is a protected tenant; and(c)a person who is a permanent tenant;(d)[ a person who, after the surrender of his tenancy in respect of any land at any time after the appointed day but before the specified date has continued, or is deemed to have continued, to remain in actual possession, with or without the consent of the landlord, of such land till the specified date;]and the word "landlord" shall be construed accordingly;](19)"Tribunal" means the Agricultural Lands Tribunal constituted under section 67;(20)[ "Village" means a village recognised as such in the revenue accounts;] [This clause was substituted for the original by Bombay 13 of 1956, section 2(16).](20A)[ "Warkas lands" means land which is used for the purpose of rab manure in connection with rice cultivation and is classified in the revenue record as Warkas'] [This clause was inserted by Bombay 15 of 1957,s. 2(e).](21)words and expressions used in this Act but not defined shall have the meaning assigned to them in the Bombay Land Revenue Code, 1879 (Bom V of 1879), and the Transfer of Property Act, 1882 (IV of 1882), as the case may be.
