Section 5 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
5. Definitions
In this Act, unless the context otherwise requires(1)"agricultural year" shall mean the year commencing on the first day of July and ending on the thirtieth day of June next following;(2)"Agriculture" shall include horticulture, Cattle breeding, dairy farming. Poultry farming and forestry development.(3)"Agriculturist" shall mean a person who by himself or by servants or tenants earns his livelihood wholly or principally by agriculture.(4)"Assistant Collector" shall mean an Assistant Collector appointed under the Rajasthan Territorial Divisions Ordinance, 1949, or under any other law for the time being in force;(5)"Biswedar" shall mean a person on whom a village or portion of a village in any part of the State is setelled on the Biswedari system and who is recorded as Biswedar or as an owner in the record of rights and shall include a Khatedar in the Ajmer area;(6)"Board" shall mean the Board of revenue for the State established and constituted under the Rajasthan Board of Revenue Ordinance, 1949. or under any other law for the time being in force;(6A)"Ceiling area" [x x x ](7)"Collector" shall mean a Collector or an Additional Collector appointed under the Rajasthan Territorial Divisions Ordinance, 1949, or under any other law for the time being in force;(8)"Commissioner" shall mean the Commissioner of a Division and shall include an Additional Commissioner.(9)"Crops" shall include shrubs, bushes, plants and climbers such as rose bushes, plants, mehendi bushes plantains and papittas, but shall not include fodder and natural produce.(10)"Estate" shall mean Jagir land or interest in Jagir land held by a Jagirdar and shall include land or interest in land held by a Biswedar. or a Zamindar; or a Land owner.(11)"Estate holder" shall mean the holder for the time being of an estate, that is to say, a Jagirdar, a Biswedar or a Zamindar; or a Land owner.(11-A) "Existing Jagir Law" shall mean any Act, Ordinance, Regulation, rule, order, resolution, notification or bye-law relating to Jagir Lands or Jagirdars in force in the whole or any part of the State at the commencement of this Act and shall include(a)any custom or usage or relating to such Jagir land or Jagirdars prevailing at the commencement of this Act in the whole or any part of the State and having the force of law, and(b)the terms and conditions contained in any order or instrument granting or recognising the grant of Jagir lands;(11-B) "fragment" shall mean a piece of land less in area than the minimum preScribed by the State Government;(12)"Grant" shall mean a grant or a right to hold land or interest in land in any part of the St-Ate and the person to whom such right is granted shall be called the 'grantee' thereof;(13)"Grant at a favourable rate of rent" shall mean a grant in any part of the State at a rent which is less than the rent thereof, calculated in accordance with the sanctioned rent rates and which is, in accordance with the terms of the grant, not liable to variation under Chapter IX; and the holder of such a grant shall be called a 'grantee at a favourable rate' which expression shall also include concessional holder in the Sunel area;(14)Omitted.(15)"Grove-land" shall mean any specific piece of land in any part of the State having trees planted thereon in such numbers that they preclude, or where full grown, will preclude, such land or any considerable portion thereof from being used primarily for any other agricultural purpose and the trees so planted shall constitute a grove.(16)"High Court" shall mean the High Court for the State of Rajasthan;(17)"Holding" shall mean a parcel or parcels of land, held under one lease, engagement or, in the absence of such lease, engagement or grant, under one tenure and shall include, in the case of an Ijaradar or Thekadar, the ijara or theka area:Provided that, for the purposes of Chapter III-B, all parcels of land held anywhere throughout the State by a person under one or more than one lease, engagement, grant or tenure, and whether cultivated personally or let or sub-let by him, shall be deemed to be his holding and, where any such land is held by more then one person as co-tenants or co-sharers, the share of each of them shall be deemed to be his separate holding whether a division thereof has or has not actually taken place;(18)"Ijara or Theka" shall mean a farm or lease granted for the collection of rent, the area to which an Ijara or Theka relates shall be called the "Ijara or Theka area" And an "Ijaradar" or "Thekadar" shall mean the person to whom an Ijara or Theka is granted;(19)"Improvement" shall mean, with reference to a tenant's holding-(a)a dwelling house erected. on the holding by the tenant for his own occupation or a cattle-shed or a storehouse or any other construction for agricultural purposes erected or set up by him on his holding;(b)any work which adds materially to the value of the holding and which is consistent with the purpose for which it was let; and subject to the foregoing provisions of his clause, shall include(1)The construction of bunds, tanks, wells, water channels and other work for the storage, supply or distribution of water for agricultural purposes,(2)the construction of works for the drainage of land for its protection from floods or from erosion or from other damage by water,(3)the reclaiming, clearing, enclosing, levelling or terracing of land,(4)the erection in the immediate vicinity of the holding, otherwise than on the village-site, of building required for the convenient or profitable use or occupation of the holding.(5)the renewal or reconstruction of any of the foregoing works or such alteration therein or additions thereto as are not of the nature of mere repairs;but shall not include such temporary wells, water channels, bunds, enclosures or other works as are made by tenants in the ordinary course of cultivation.(20)Omitted.(21)"Jagirdar" shall mean any person holding Jagir land or any interest therein in any part of the State and recognised as a Jagirdar under any existing Jagir Law and shall include a grantee of Jagir land from a Jagirdar;(22)"Jagir land" shall mean land in any part of the State in which or in relation to which a Jagirdar has rights in respect of land revenue or any other kind of revenue and shall include(a)land held in the pre-reorganisation State of Rajasthan other than the Sironj area on any of the tenure; specified in the Second Schedule,(b)land, if any, held in the Abu area as Jagir as defined in clause (vi) of subsection (1) of section 2 of the Bombay Merged Territories and Areas (Jagir Abolition) Act, 1953 (Bombay Act 39 of 1954).(c)land, if any, held in the Ajmer area as an estate as defined in clause (v) of sub-section (1) of section 2 of the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955 (Ajmer Act HI , 1955) that is to say, as an Istmrari estat, or as Jagir, Bhum, Muafi or Guzara or by a minor Istmradar or a non-Sanadi Istmrardar, and(d)Jagir land as defined in clause (vii) of sub-section (2) of the Madhya Bharat Abolition of Jagirs, Act, Samvat 2008 (Madhya Bharat Act 28 of 1951) , if any, held in the Sunel area;(e)land or interest in land held by a Land owner.(23)"Khudkasht" shall mean land in any part of the State cultivated personally by in estate holder and shall include(i)land recorded as Khudkasht, Sir, Havala, Niji-jot, Gharkhed in settlement records at the commencement of this Act in accordance with law in force at the time when such record was made, and(ii)land allotted after such commencement as Khudkasht under any law for the time-being. in force in any part of the State.(24)"land" shall mean land which is let or held for agricultural purposes or for purposes subservient thereto or as grove land or for pasturage, including land occupied by houses or enclosures situated on a holding, or land covered with water which may be used for the purpose of irrigation or growing singhara or other similar produce but excluding abadi land; it shall include benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to earth.(25)"land cultivated personally" with all its grammatical variations and cognate expressions, shall mean land cultivated on one's own account(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 in kind but not by way of a share in crop:Provided that in the case of a person who is a widow or a minor or is subject to any physical or mental disability or is a member of the Military, Naval or Air Services of India or who, being a student of an educational institution recognised by the State Government is below the age of twenty-five years, land shall be deemed to be cultivated personally even in the absence of such personal supervision.(25-A) Land Ownershall mean the Ruler of a Covenanting State in Rajasthan holding an estate, as defined in clause (b) of section 2 of the Rajasthan Land Reforms and Acquisition of Landowner's Estate Act, 1963 (Rajasthan Act 11 of 1964) under and in accordance with the Settlement of his personal or private properties made in pursuance of the covenant and finally approved by the Central Government.(26)"land-holder" shall mean the person (in any part of the State, by whatever name designated) to whom rent is, or, but for a contract, express or implied, would be, payable and shall include(i)an estate-holder,(ii)a grantee at a favourable rate of rent,(iii)in the case of a sub-lease, the tenant-in chief who has sublet or his mortgagee,(iv)for the purposes of Chanter IX' and X, and ijaradar or Thekadar, and(v)generally every person who is a superior holder, in relation t;) persons holding directly from or under him;(26-A) "Landless person" shall mean an agriculturist by profession who cultivates or can reasonably be expected to cultivate land personally but who does not hold any land, whether in his own name or in the name of any member of his joint family, or holds a fragment;(26-AA) "Malik" means a Zamindar or a Biswedar who;upon the vesting of his estate in the State Government under the Rajasthan Zamindari and Biswedari Abolition Act, 1959, becomes, under section 29 thereof, the Malik of the Khudkasht land by him;(26-B) "Member of the Military, Naval or Air Services of India" or "member of the Armed Force of the Union" shall include a member of the Rajasthan Armed Constabulary.(27)"Occupied land" shall mean land which for the time being has been let out to, and is in the occupation of, a tenant and shall include khudkasht, and "unoccupied land" shall mean land which is not occupied;(28)"Pasture land" shall mean land used for the grazing of the cattle of a village or villages or recorded in settlement records as such at the commencement of this Act or thereafter reserve as such in accordance with rules framed by the State Government;(29)"Pay" with all its grammatical variations and cognate expression, shall, when used with reference to rent, include "deliver" with all its grammatical variations and cognate expressions;(30)"Prescribed" shall mean prescribed by rules made under this Act;(31)"Registered" shall mean registered under the Indian Registration Act, 1908 (Central Act XVI of 1908) and shall include "attested" under the provisions of section 33 of this Act;(32)"Rent" shall mean whatever is in cash or in kind or partly in cash and partly in kind payable on account of the use of (he occupation of land or on account of any right in land and, unless the contrary intention appears, shall include sayer,(33)Omitted.(34)"Revenue" shall mean land revenue, that is to say, the annual demand payable directly to the State Government on any account whatsoever in respect of and or of any interest in or use of land and shall include assigned land revenue;(34-A) "Revenue appellate authority" shall mean the officer appointed as such authority under section 20A of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) ;(35)"Revenue Court" shall mean a court or an officer having jurisdiction to entertain suits or other proceedings relating to agricultural tenancies, profits and other matters, connected with land or any right or interest in land, wherein such court or officer is required to act judicially; it shall include the Board and every member thereof, a revenue appellate authority, a Collector, a Sub-Divisional Officer, an Assistant Collector, a Tehsildar or any other revenue officer while so acting;(36)"Revenue Officer" shall mean any officer employed in the business of revenue and rent or in maintaining revenue records;(37)"Sayar" shall include whatever is to be paid by a lessee or licensee on account of the right to gather from unoccupied land such produce as grass, thatching grass, wood, fuel, fruits lac, gum, long; pala, panni, water-nuts or the like or such refuse as bones or dung lying scattered on the surface or on account of fisheries of forest rights or the use of water for irrigation purposes from artificial sources;(37-A) "Scheduled caste" shall mean any of the castes, races or tribes or members of, groups within, the castes or tribes, specified in Part XIV of the Constitution (Scheduled Castes) Order 1950.(37-B) "Scheduled tribe" means any of the tribes, tribal communities or parts of or groups within the tribes or tribal communities, specified in Part XII of the Constitution (Scheduled Tribes) Order, 1950;(38)"Settlement" shall mean settlement or resettlement of rent or revenue or both and shall include a summary settlement under the Rajasthan Lands Summary Settlement Act, 1953 (Rajasthan Act XIX of 1953) ;(39)"State" shall mean the State of Rajasthan as formed by section 10 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) ;(40)"Sub-Divisional Officer" shall mean an Assistant Collector placed incharge of one or more sub-divisions under the Rajasthan Territorial Divisions Ordinance, 1949, or under any other law for the time being in force; and includes for the purpose of Chapter III-B, an Assistant Collector in respect of all the subdivisions in the district where he is posted for the time being.(41)"Sub-tenant" shall mean a person in any part of the State by whatever name designated who holds land from the tenant thereof including a Malik or a tenant from a land owner and by whom rent is or but for a contract express or implied would be, payable;(42)"Tehsildar" shall mean Tehsildar appointed under the Rajasthan Territorial Divisions Ordinances, 1949, or under any other law for the time being in force;(43)"Tenant" shall mean the person by whom rent is, or, but for a contract, express or implied, would be, payable and, except when the contrary intention appear, shall include-(a)in the Abu area, a permanent tenant or a protected tenant.(b)In the Ajmer area, an ex-proprietary tenant or an occupancy tenant or a hereditary tenant or a non-occupancy tenant or a Bhooswami or a Kashtkar,(c)In this Sunel area, an ex-proprietary tenant or a pakka tenant or an ordinary tenant.(d)a co-tenant,(e)a grove-holder,(f)a village servant,(ff)a tenant holding from a land owner,(g)a tenant of Khudkasht,(h)a mortgagee of tenancy rights, and(i)a sub-tenant,but shall not include a grantee at a favourable rate of rent or an Ijaredar or thekadar or a trespasser;(44)"Trespasser" shall mean a person who takes or retains possession of and without authority or who prevents another person from occupying land duly let out to him;(45)"Village service grant" shall mean a grant in any part of the State, by whatsoever name designated and either rent-free or at a favourable rate of rent, or on other terms made in lieu of or as remuneration for some specific service to be performed to the village community 'or in the village administration, and the holder of such grant shall be called a "village servant".(46)"Zamindar" shall means a person on whom a village or portion of a village in any part of the State is settled on the Zamindari system and who is recorded as such in the record of rights and shall include a proprietor as defined in clause (a) of section 2 of the Madhya Bharat Zamindari Abolition Act, Samvat 2001 (Madhya Bharat Act 13 of 1951) , if any, in the Sunel area;(47)"Nalbat" shall mean a payment in cash or in kind to the owner of a well by some person for using that well for irrigation.
