Section 2 in The Gujarat Agricultural Lands Ceiling Act, 1960
2. Definitions.
- In this Act, unless the context requires otherwise-(1)[ "agriculture" includes- [This clause was substituted for the Original by Gujarat 2 of 1974, Section 4 (1).](a)horticulture,(b)the raising of crops, grass or garden produce,(c)the use by an agriculturist of the land held by him or part thereof for grazing.(d)the use of any land, whether or not an appendage to rice or paddy land, for the purpose of rabmanure,(e)dairy farming;(f)poultry farming.(g)breeding of live-stock, and(h)the cutting of wood:Provided that in relation to any period prior to the specified date, "agriculture" shall not include any of the pursuits specified in sub-clauses (d), (e), (f), (g) and (h) and also such other pursuits as may have been prescribed prior to the specified date as pursuits not included in that word;](2)"agricultural labourer" means a person whose principal means of livelihood is manual labour on agricultural land;(3)"agriculturist" means a person who cultivates land personally;(3A)[ "Amending Act of 1972" means the Gujarat Agricultural lands Ceiling (Amendment) Act, 1972 (Gujarat 2 of 1974);] [Clause (3-A) was inserted by Gujarat 2 of 1974, Section 4 (2).](4)"appointed day" means the day on which this Act, comes into force;(5)"ceiling area" means the extent of land determined under Section 5 to be the ceiling area;(6)[ "class of land" means any of the following classes of land, that is to say.- [This clause was substituted for the Original by Gujarat 2 of 1974, Section 4 (3).](i)perennially irrigated land;(ii)seasonally irrigated land;(iii)superior dry crop land;(iv)dry crop land;Explanation I. - For the purpose of this Act-(a)"perennially irrigated land" means land which is assured of a regular and actual supply of water for a period of not less than ten months during the year from any source of irrigation and which is consequently capable of growing at least two crops in a year or is utilised for growing sugarcane crop:Provided that land irrigated by a tube-well or lift irrigation from a perennial source of water, operated by diesel or electric power or both and constructed on or after 15th August, 1972 by any person other than Government or a local authority, shall not be deemed to be perennially irrigated land;(b)"seasonally irrigated land" means land which is assured of a regular and actual supply of water for a period of less than ten months but not less than four months during the period from 15th September, to the end of February in a year from any source of irrigation, and is consequently capable of growing at least one crop in a year;(c)"Superior dry crop land" means rice land and orchard;(d)"rice land" means land which is situated in a local area where the average rainfall is not less than 89 centimetres a year, such average being calculated on the basis of rain-fall in that area during the five years immediately proceeding the year 1959 and which is used for the cultivation of rice or which, in the opinion of the State Government is fit for the cultivation of rice but does not include perennially or seasonally irrigated land used for the cultivation of rice;(e)"dry crop land" means land other than the land specified in paragraphs (a) to (c) and grass land, that is to say, land which abounds in grass grown naturally and which is capable of being used for agricultural purposes;(f)"grass land" referred to in paragraph (e) shall, notwithstanding anything contained in that paragraph, be deemed to be rice land if it is situated in a local area referred to in paragraph (d) and in the opinion of the State Government it is fit for the cultivation of rice;(g)land irrigated by dug wells except in the irrigation command of an irrigation project or in the bed of a river, stream, or natural collection of water or a drainage channel (being an irrigation project, a river, stream, natural collection of water or a drainage channel which is a perennial source of water) shall be deemed to be irrigated land;Explanation II.-For the purpose of paragraphs (a) and (b) or Explanation I, a certificate granted by [a competent officer] in respect of any land, after such inquiry as he deems fit that it is perennially irrigated land, or as the case may be seasonally irrigated land and for the purpose of paragraph (g) of Explanation I, a certificate granted by such officer, in like manner, in respect of any source of water referred to in the said paragraph (g) that it is a perennial source of water, shall be conclusive evidence in that behalf;][Explanation III.-For the purpose of Explanation-II."competent officer" means-(a)in relation to any other land or source of water which is situated within the jurisdiction of a canal-officer as defined in clause (6) of Section 3 of the Bombay Irrigation Act, 1879 (Bombay VII of 1879) such canal officer; and,(b)in relation to any other land or source of water, such officer as the State Government may "by notification in the Official Gazette, designate in this behalf](6A)[ "Code" means the Bombay Land Revenue Code, 1879 (Bombay V of 1879);] [Clause (6-A) was inserted by Gujarat 2 of 1974, Section 4 (4).].(7)"Collector" includes an Additional Collector and an Assistant or Deputy Collector performing the duties and exercising the powers of a Collector under the relevant Code or any other officer specially empowered by the State Government to perform the functions of the Collector under this Act;(8)[***] [Clause (8) was deleted by Gujarat 15 of 1964, Section 4 Schedule](9)"co-operative joint farming society" means a co-operative farming society-(i)in which the ownership of all the land under its control vests, and which gets all such land cultivated jointly by its members; or(ii)the members of which cultivate their lands jointly;(10)"co-operative farming society", means a society registered as co-operative farming society under any law relating to the registration of co-operative societies in force in any part of the State of Gujarat;(11)"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;Explanation.-A person who enters into a contract only 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;(12)"to cultivate personally", means to cultivate land 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 or one's family by hired labour or by servants on wages payable in cash or kind but not in crop share:Explanation I. - A widow or a minor or a person who is subject to any physical or mental disability; or a serving member of the armed forces shall be deemed to cultivate land personally; if such land is cultivated by her or his servants or hired labour;Explanation. II - In the case of a joint family, land shall be deemed to be cultivated personally, if it is so cultivated by any member of such family;(13)"exempted land" means land exempt from the provisions of this Act under Section 3;(14)"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 1947);(15)"to hold land" with its grammatical variations and cognate expressions means to be lawfully in actual possession of land as owner or tenant as the case may be:Provided that in the case of land mortgaged with possession-(a)if it is not in the actual possession of the tenant, the mortgagor shall be deemed to hold it as an owner; and(b)if it is in the actual possession of a person as a tenant thereof, such person shall be deemed to hold it as a tenant;(16)"Joint family" means an undivided Hindu family and in the case of other persons a group or unit the members of which by custom or usage are joint in estate or residence;(17)[ "land" means- [Clause (17) was substituted for the Original by Gujarat 2 of 1974, Section 4 (5).](i)in relation to any period prior to the specified date, land which is used or capable of being used for agricultural purpose and includes the sites of farm buildings appurtenant to such land;(ii)in relation to any other period, land which is used or capable of being used for agricultural purpose, and includes-(a)the sites of farm buildings appurtenant to such land;(b)the lands on which grass grows naturally;(c)the bid lands held by the Girasdars or Barkhalidars under the Saurashtra Land Reforms Act, 1951 (Saurashtra Act XXV of 1951), the Saurashtra Barkhali Abolition Act, 1951 (Sau. Act XXV of 1951) or the Saurashtra Estates Acquisition Act, 1952 (Saurashtra Act III of 1952), as the case may be;(d)such bid lands as are held by a person who, before the commencement of the Constitution (Twenty-Sixth Amendment) Act, 1971 was a Ruler of an Indian State comprised in the Saurashtra area of the State of Gujarat, as his private property in pursuance of the covenant entered into by the Ruler of such State(e)trees and standing crops on such land;(f)canals, channels, wells, pipes or reservoirs and other works constructed or maintained on such land for the supply or storage of water for the purpose of agriculture;(g)drainage works, embankments, bandharas or any other works appurtenant to such land, or constructed or maintained thereon for the purpose of agriculture, and all structures and permanent fixtures on such land;Explanation. - In clause (d), the expressions "Ruler" and "Indian State" shall have the same meanings as are assigned to them in clauses (22) and (15) respectively of Article 366 of the Constitution and the expression "covenant" shall have reference to the covenant which was referred to in Articles 291, of the Constitution before the repeal of that article by the Constitution (Twenty-Sixth Amendment) Act, 1971;] [Explanation III was inserted, Presi. Act 43 of 1976, Section 2 (2).](18)"landless person" means a person who holds no land for agricultural purposes whether as an owner or tenant, but earns his livelihood principally by manual labour on agricultural land and intends to take to the profession of agriculture;(19)"Mamlatdar" includes a Mahalkari and any other officer whom the State Government may appoint to perform the duties of a Mamlatdar under this Act;(19A)[ "orchard" means a compact area of land, having fruit bearing trees grown thereon in such number that they preclude, or when fully grown would preclude, a substantial part of such land from being used for any agricultural purpose, which has been used for the growing of such trees for a period of not less than three years immediately preceding the 24th day of January, 1971; but shall not include vine yards or other areas of land used exclusively for growing coconuts, arecanuts, bananas and guavas ;] [Clause (19-A) was inserted by Gujarat 2 of 1974, Section 4 (6).](20)"owner" in relation land includes a person holding the land as occupant, or land-holder as defined in the [*] [The word 'relevant', was deleted, by Gujarat 2 of 1974, Section 4 (7).] Code or as lessee of Government and a person holding land for his maintenance;(21)"person" includes a joint family;(22)"physical or mental disability" means physical or mental disability by reason of which the person subject to such disability is incapable of cultivating land by personal labour or supervision;(23)"prescribed" means prescribed by rules made under this Act ;(24)[ ***] [Clause (24) was deleted, by Gujarat 2 of 1974, Section 4 (8).](25)"relevant tenancy law" means-(a)in the Bombay area of the State of Gujarat the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXVI1 of 1948);(b)in the Saurashtra area of the State of Gujarat, any law relating to tenancies of agricultural lands in force in that area; and(c)in the Kutch area of the State of Gujarat, the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 (Bombay XCIX of 1958);(26)"serving member of the armed forces" means a person in the service of the armed forces of the Union; provided that if a 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;(27)"small holder" means an agriculturist cultivating less than [one-sixteenth] [This word was substituted for the words 'one eighth,' by Gujarat 2 of 1974, Section 4 (9).] of the ceiling area and who earns his livelihood principally by agriculture or by agricultural labour;(27A)[ "specified date" means the date of the coming into force of the Amending Act of 1972;] [Clause (27-A) was inserted, by Gujarat 2 of 1974, Section 4 (10).](28)"surplus land" means land which is deemed to be or declared to be surplus land under the provisions of this Act;(29)"tenant" and "landlord" shall have the meaning assigned to corresponding words under the relevant tenancy law;(30)"Tribunal" means the Agricultural Lands Tribunal constituted for any area under the relevant tenancy law and where in any part of the State of Gujarat the relevant tenancy law does not provide for the constitution of the Tribunal, such officer not below the rank of a Mamlatdar as the State Government may appoint to be the Tribunal for any area in that part of the State of Gujarat;(31)words and expressions used in this Act but not defined shall have the meanings assigned to them in the [ * *] [The word 'relevant' was deleted, by Gujarat 2 of 1974, Section 4 (11).] Code.
