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[Cites 0, Cited by 7] [Entire Act]

State of Odisha - Section

Section 3 in The Orissa Tenancy Act, 1913

3. Definitions.

- In this Act, unless there is something repugnant in the subject or context -
(1)"agricultural year" means the year commencing on the first day of Baisakh of the Oriya year;Provided that the first agricultural year shall be deemed to commence on the first day of Baisakh following the date of the commencement of this Act;
(2)"bazyaftidar" means a person holding lands the title to hold which upon special terms was declared invalid by the Cuttack Land Revenue Regulation, 1805 (XII of 1805), the Bengal Land Revenue Assessment (Resumed Lands) Regulation, 1819 (II of 1819) or the Bengal Revenue-free Lands Regulation, 1825 (XIV of 1825) and which have been assessed, in the course of a settlement of land-revenue, at a rent fixed for the term of that settlement; and includes also the successors-in-interest of such person;
(3)"chandnadar" means a person holding land which has been recorded as chandana in the course of a settlement of land-revenue, and for which a rent has been fixed for the term of that settlement; and includes also the successor-in-interest of such a person;
(4)"Collector" in any provision of this Act means the Collector of a district, and includes also -
(a)any Revenue Officer or Deputy Collector who is specially empowered by the State Government to discharge any of the functions of a Collector under that provision, and
(b)any Deputy Collector to whom the Collector may, by general or special order approved by the Commissioner, transfer any of his functions under that provision, other than functions covered by Section 204;
(5)"Commissioner" means a person appointed by the State Government to exercise the powers and functions of the Commissioner under this Act;
(6)"Deputy Collector" includes an Assistant Collector and a Sub-Deputy Collector.
(7)"estate" means land included under one entry in any of the general registers of revenue-paying lands and revenue free lands prepared and maintained under the law for the time being in force by the Collector of a district; and includes Government khasmahals and revenue-free lands not entered in any register; and includes also the sub-proprietary interests referred to in Clause (20);
(8)"holding" means a parcel or parcels of land held by a, raiyat and forming the subject of a separate tenancy;
(9)"landlord" means a person immediately under whom a tenant holds, and includes the Government;
(10)"pay", "payable" and "payment" used with reference to rent, include "deliver", "deliverable" and "delivery".
(11)"permanent settlement" means the permanent settlement of portions of Orissa, made in the year 1793 and in subsequent years;
(12)"permanent tenure" means a tenure which is heritable and which is not held for a limited time;
(13)"prescribed" means prescribed by the State Government by notification in the official Gazette;
(14)"proprietor" means a person owning whether in trust or for his own benefit, an estate or a part of an estate; and includes also the sub-proprietary interests referred to in Clause (21);
(15)"registered" means registered under any Act for the time being in force for the registration of documents;
(16)"rent" means whatever is lawfully payable or deliverable in money or kind by a tenant to his landlord on account of the use or occupation of the land held by the tenant; and;for the purpose of Sections 62 to 77 and 82 to 85, Chapter XIII, Chapter XVI and Schedules III, "rent" includes also money recoverable under any enactment for the time being in force as if it was rent;
(17)"Revenue Court" means any Court (other than a Civil Court) having jurisdiction under this Act to entertain suits or other proceedings;
(18)"Revenue Officer" in any provision of this Act, means any officer whom the State Government may appoint to discharge any of the functions of a Revenue Officer under that provision;
(19)"signed" includes "marked" when the person making the mark is unable to write his name; it also includes "stamped' with the name of the person referred to;
(20)"sub-proprietary interest" means the interest of a sub-proprietor;
(21)"sub-proprietor" means a person who, in the course of a settlement of land-revenue, has executed an engagement for the payment of his land-revenue through a proprietor or another sub-proprietor; and includes also-
(i)persons holding lands the title to hold which for a payment fixed in perpetuity was declared valid by the Cuttack Land Revenue Regulation, 1805 (XII of 1805); and
(ii)the successor-in-interest of any person as aforesaid;
(22)"succession" includes both intestate and testamentary succession;
(23)"tenant" means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that person;
(24)"tenure" means the interest of a tenure-holder or an undertenure-holder; and
(25)"village" means the area defined, surveyed and recorded as a distinct and separate village in -
(a)the general land-revenue survey which has been made of the Province of Bengal, or
(b)any survey made by the Government which may be adopted any notification in the official Gazette as defining villages for the purposes of this Clause in any specified area;
and, where a survey has not been made, by, or under the authority of, the Government, "village" means such area as the Collector may, with the sanction of the Board of Revenue, by general or special order, declare to constitute a village.Chapter-II Classes of tenants