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State of West Bengal - Section

Section 2 in West Bengal Estates Acquisition Act, 1953

2. Definitions.

—In this Act unless there is anything repugnant in the subject or context,—
(a)"agricultural year" means the Bengali year commencing on the first day of Baisakh;
(b)"agricultural land" means land ordinarily used for purposes of agriculture or horticulture and includes such land, notwithstanding that it may be lying fallow for the time being:
(c)"charitable purpose" includes the relief of the poor, medical relief or the advancement of education or of any other object of general public utility;
(d)"Collector" means the Collector of a district or any other officer appointed by the State Government to discharge any of the functions of the Collector under this Act;
(e)"date of vesting" means the date mentioned in the notification under sub-section (1) of section 4;
(f)"estate" or "tenure" includes part of an estate or part of a tenure;
[ xxx ] [[Clause (ff) omitted by Section 2(1) of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect), which was Inserted by Section 2 of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect) as under :'(ff) forest means any land recorded in the record-of-rights prepared or revised for the purpose of this Act under the classification jhari, jhati, jangal, ban, salban or other similar terms:'.]]
(g)"homestead" means a dwelling house together with—any courtyard, compound, garden, out-house, place of worship, family grave-yard, library, office, guest-house, tanks, wells, privies, latrines, drains and boundary walls annexed to or appertaining to such dwelling house;
(h)"encumbrance" in relation to estates and rights of intermediaries therein does not include the rights of a raiyat or of an under-raiyat or of a non-agricultural tenant [but shall, except in the case of land allowed to be retained by an intermediary under the provisions of section 6, include all rights or interests of whatever nature, belonging to intermediaries or other persons, which relate to lands comprised in estates or to the produce thereof]; [Inserted by Section 2(a) of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Bengal Act No. 25 of 1957) (with retrospective effect).]
(i)[ "intermediary" means a proprietor, tenure-holder, under-tenure holder or any other intermediary above a raiyat or non-agricultural tenant and includes a service tenure-holder and in relation to mines and minerals, includes a lessee and a sub-lessee;] [[Clause (i) Substituted by Section 2(2) of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect), which read as under :
'(i) intermediary means a proprietor, tenure-holder, under-tenure-holder or any other intermediary above a raiyat or a non-agricultural tenant;'.]]
(j)"non-agricultural land" means land other than agricultural land [or other than land comprised in a forest]; [Inserted by Section 2(b) of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Bengal Act No. 25 of 1957) (with retrospective effect).]
(k)"non-agricultural tenant" means a tenant of non-agricultural land who holds under a proprietor, a tenure-holder [, a service tenure-holder] [Inserted by Section 2 of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Bengal Act No. 17 of 1960) (with retrospective effect).] or an under-tenure-holder;
(l)"notified area" means a district or part of a district in respect of which a notification has been duly published under section 4;
(m)"prescribed" means prescribed by rules made under this Act;
(n)"religious purpose" means a purpose connected with religious worship, teaching or service or any performance of religious rites;
(o)"rent" means whatever is lawfully payable or deliverable in money or kind or both by a tenant to his landlord, on account of the use or occupation of the land held by the tenant and includes also money recoverable under any enactment for the time being in force as if it was rent;
(p)expressions used in this Act and not otherwise defined have in relation to the areas to which the Bengal Tenancy Act, 1885 (VIII of 1885), applies, the same meaning as in that Act and in relation to other areas meaning as similar thereto as the existing law relating to land tenures applying to such areas, permits.