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State of West Bengal - Section

Section 2 in West Bengal Land Reforms Act, 1955

2. Definitions.

—In this Act, unless there is anything repugnant in the subject or context,—
(1)"agricultural year" means the Bengali year commencing on the first day of Baisakh;
(2)"bargadar" means a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of such land to that person; [and includes a person who under the system generally known as kisani [or by any other description] [Inserted by Act No. 12 of 1972.] cultivates the land of another person on condition of receiving a share of the produce of such land from that person;][but does not include a person who is related to the owner of the land as-
(a)wife, or
(b)husband, or
(c)child, or
(d)grandchild, or
(e)parent, or (t) grandparent, or
(g)brother, or
(h)sister, or
(i)brother's son or brother's daughter, or
(j)sister's son or sister's daughter, or
(k)daughter's husband, or (/) son's wife, or
(m)wife's brother or wife's sister, or [(ma) husband's brother, or]
[Inserted by Act No. 31 of 2000, w.r.e.f. 7.8.1969.]
(n)brother's wife,], and
[Explanation.—A bargadar shall continue to be a bargadar until cultivation by him is lawfully terminated under this Act;] [Added by Act No. L of 1981, w.r.e.f. 7.8.1969.]
(3)"certificate" means a certificate signed under the Bengal Public Demands Recovery Act, 1913 (Bengal Act No. 3 of 1913);
(4)"Collector" means the Collector of a district or any other officer appointed by the State Government to discharge any of the functions of a Collector under this Act;
(5)[ "consolidation" includes re-alignment of a plot of land or rearrangement of parcels of land comprised in different plots of land for the purpose of rendering such plots of land more compact;] [[Subsection (5) substituted by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003) for the following:
(5)consolidation includes re-arrangement of parcels of land comprised in a holding or in different holdings for the purpose of rendering such holding or holdings more compact;]]
(6)[ "co-sharer of a raiyat in a plot of land" means a person, other than the raiyat, who has an undemarcated interest in the plot of land along with the raiyat]
(6A)"encumbrance" means any lien, easement or other right or interest created by a raiyat on his [plot of land] [Subsection (6) substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] or in limitation of his own interest therein, but does not include the right of the bargadar to cultivate the land of the [plot of land] [Substituted for "holding" by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003).];
(7)[ "land" means land of every description and includes tank, tank-fishery, fishery, homestead, or land used for the purpose of livestock breeding, poultry farming, dairy or land comprised in tea garden, mill, factory, workshop, orchard, hat, bazar, ferries, tolls or land having any other sairati interests and any other land together with all interests, and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to earth;] [[Subsection (7) substituted by West Bengal Act No. 50 of 1981, w.r.e.f. 7.8.1969; the old sub-section read as follows:
(7)land means agricultural land other than land comprised in a tea-garden which is retained under sub-section (3) of Section 6 of the West Bengal Estates Acquisition Act, 1953 and includes homesteads but does not include tank.]]Explanation.—"Homestead" shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953 (West Bengal Act No. 1 of 1954);
(8)"Personal cultivation" means cultivation by a person of his own land on his own account—
(a)by his own labour, or
(b)by the labour of any member of his family, or
(c)by servants or labourers on wages payable in cash or in kind not being as a share of the produce or both:
[Provided that such person or member of his family resides for the greater part of the year in the locality where the land is situated and the principal source of his income is [produce of,] [Inserted by the West Bengal Land Reforms (Amendment) Act, 1977.] such land.Explanation.—The term "family" shall have the same meaning as in clause (c) of Section 14K.];
(9)"prescribed" means prescribed by rules made by the State Government under this Act;
(9A)"prescribed authority" means an authority appointed by the State Government by notification in the Official Gazette, for all or any of the purposes of this Act;
(10)[ "raiyat" means a person or an institution holding land for any purpose whatsoever;] [Subsection (10) substituted by West Bengal Act No. 50 of 1981, w.r.e.f. 7.8.1969, the old sub-section read as follows: (10) raiyal means a person who holds land for purpose of agriculture;.]
(11)[ xxx ] [[Omitted by West Bengal Land Holding Revenue Act, 1979, w.e.f. 14.4.1981, the old sub-section read as follows:revenue means whatever is lawfully payable or deliverable in money or kind or both by a <i>raiyat</i> under the provisions of this Act in respect of the land held by him;]]
(12)"Revenue Officer" means any officer whom the State Government may appoint by name or by virtue of his office to discharge any of the functions of a Revenue Officer in any area;
(13)[ "Scheduled Tribe" shall have the same meaning as in clause (25) of Article 366 of the Constitution of India.] [Substituted by West Bengal Act No. 19 of 1986, w.e.f. 30.7.1965.]