Section 2 in The Pepsu Occupancy Tenants (Vesting of Proprietary Rights) Act, 1954
2. Definitions.
- In this Act, unless the context otherwise requires, -(a)"appointed day" means -(i)in relation to any person who at the commencement of the President's Act, is, or is deemed to be, an occupancy tenant, the date of such commencement; and(ii)in relation to any other person who, after the commencement of the President's Act, obtains a right of occupancy in respect of any land the date on which he obtains such right of occupancy;(b)"Collector" means the Collector of the district in which the land, in respect of which proprietary rights are vested in an occupancy tenant under this Act, is situate and includes any other officer specially empowered by the Government to perform the duties of a Collector under this Act;(c)"Commissioner" and "Financial Commissioner" have the meanings respectively assigned to them under the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887) and includes any other officer specially empowered by the Government to perform the duties of a Commissioner or Financial Commissioner under this Act;(d)"Government" means the Government of the State of [Punjab] [Substituted by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.];(e)"Land", "land revenue", "rent" and all other words and expressions used, but not defined in this Act and defined in the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887) shall have the meanings respectively assigned to them in that Act;(f)"landlord" means a landowner or any other person under whom an occupancy tenant holds land and to whom the occupancy tenant is, or but for a special contract would be, liable to pay rent for that land and includes the predecessors and successors in interest of a landlord;(g)"landowner" has the same meaning as in the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887);(h)"Occupancy tenant", in respect of any land means a person who, at the commencement of the President's Act is or is deemed to be an occupancy tenant in respect of the land and includes a person who, after such commencement, obtains a right of occupancy in respect of the land, whether by any agreement with the landlord or by any decree or order of any court or other authority of competent jurisdiction and includes also the predecessors and successors in interest of an occupancy tenant :Provided that no person who has abandoned his tenancy shall be deemed to be an occupancy tenant within the meaning of this clause.Explanation I. - For the purposes of this clause, a person is or is deemed to be an occupancy tenant at the commencement of the President's Act -(i)if he is recorded, immediately before the commencement of the President's Act, as an occupancy tenant in the latest annual records; or(ii)if he is recorded in the record-of-rights of any of the estates of the former Faridkot State as -(a)Muzara-i-shartia;(b)Chakotedar khas;(c)Muzara bilatai-yun sifat;(d)Muzara tabe marzi malik;(e)Chakotedar nautor;of any landlord, not being the Government; or(iii)if he is recorded in the latest annual records of any estate of the former Malerkotla State as -(a)dakhilkar;(b)maurussi; or(iv)if he was recorded as an occupancy tenant in the annual records on the 11th March, 1940, and -(a)his right of occupancy in the land has been extinguished, but partition proceedings under the Farman-i-Shahi No. 6, dated the 11th March, 1947, or the Patiala and East Punjab States Union Abolition of Biswedari Ordinance, 2006 Bk. (Ordinance No. XXIII of 2006 Bk.) have not been finally completed; or(b)he has been dispossessed, or deprived of his right to the occupation of the land at any time after the 11th March, 1940, but has not been granted any relief under the Patiala and East Punjab States Union Abolition of Biswedari Ordinance, 2006 Bk.Explanation II. - Where an occupancy tenant holds any land under another occupancy tenant, the former shall be deemed to be the occupancy tenant within the meaning of this clause;(i)"prescribed" means prescribed by rules made under this Act;(j)"special officer" means any officer appointed by the Government by notification in the official Gazette for performing the functions and duties assigned to such officer under this Act and a special officer shall have jurisdiction to perform his functions in such local area as may be specified in the notification;(k)"the President's Act" means the Patiala and East Punjab States Union Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953 (President's Act 3 of 1953);(l)references, in this Act to the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887), and the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), shall be construed as references to those Acts as in force in the State of Patiala and East Punjab States Union.
