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State of West Bengal - Section

Section 2 in The Bengal Tanks Improvement Act, 1939

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context, -(a1)[ "agricultural land" includes land used for the growing of vegetables and the like and also waste land which is capable of cultivation but does not include a fruit garden, an orchard, any temple, mosque or homestead land;] [Clause (a1) inserted by W.B. Act 24 of 1948.]
(1)"authorised person" means the Collector, a local authority, co-operative society, or any other person who takes possession of a tank under the provisions of this Act and includes the successors in interest of such a person;
(2)"Collector" includes a magistrate in charge sub-division of a district and any officer appointed by the [State] [Words substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] Government to exercise all or any of the functions of a Collector under this Act ;
(3)"co-operative society" means a society registered under [the Bengal Co-operative Societies Act, 1940] [Words and figures substituted by W.B. Act 19 of 1949.];
(4)"derelict tank" means a tank which has been declared to be derelict irrigation work under section 4 ;
(5)"period of possession" means the period from the time when possession is first taken of a tank under section 5 or section 6 until the time when possession thereof is restored under section 21 ;
(5a)[ "person having control over a tank" does not include a person by whom the tank is held for a limited time and whose interest in the tank is not transferable ;] [Clause (5a) inserted by W.B. Act 2 of 1944.]
(6)"prescribed" means prescribed by rules made under this Act ;
(7)"tank" means a reservoir, or place which has been used as a reservoir, for the storage of water whether formed by excavation or by the construction of one or more embankments or place where water naturally accumulates, and includes any part of a tank and the banks thereof except such portions of the banks as are homestead garden or orchard land.