Section 4 in The Himachal Pradesh Land Revenue Act, 1953
4. Definitions.
- ln this Act, unless there is something repugnant in the subject or context,-(1)"agricultural year" means the year commencing on the sixteenth day of June, or on such other date as the State Government may by notification appoint for any local area;(2)"assessment circle" means a group of estates which in the opinion of the Financial Commissioner, to be recorded in an order in writing are sufficiently homogeneous to admit of a common set of rates being used as a general guide in calculating the land revenue to be assessed upon them;(3)"arrear of land revenue" means land revenue which remains unpaid after the date on which it becomes payable;(4)"defaulter" means a person liable for an arrear of land revenue and included person who is responsible as surety for the payment of the arrear;(5)"estate" means any area: -(a)for which a separate record-of-rights has been made, or(b)which has been separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed, or(c)which the State Government may, by general rule or special order, declare to be an estate;(6)"Gazette" means the Official Gazette for Himachal Pradesh;(7)"holding" means a share or portion of an estate held by one land-owner or jointly by two or more land-owners;(8)"incumbrance" means a charge upon or claim against land arising out of private grant or a contract;(9)"land-owner" does not include a tenant Or an assignee of land revenue but does include a person to whom a holding revenue or of a sum recoverable as such an arrear, and every other person not hereinbefore in this clause mentioned who is in possession of an estate or any share or portion thereof, or in the enjoyment of any part of the profits of an estate;(10)"land revenue" includes assigned land revenue and any sum payable in respect of land, by way of quit-rent or commutation for service, to the State or to a person whom the State has assigned the right to receive the payment;(11)"legal practitioner" means any legal practitioner within the meaning of the Legal Practitioners Act, 1879;(12)"net-assets"of an estate or group of estates means the estimated average annual surplus produce of such estates group of estates remaining after deduction of the ordinary expenses of cultivation as ascertained or estimated.Explanation. - Ordinary expenses of cultivation include payments, if any, which the land-owner customarily bears whether in kind or in cash either in whole or in part in respect of:-(1)water rates,(2)maintenance of means of irrigation,(3)maintenance of embankments,(4)supply of seed,(5)supply of manure,(6)improved implements of husbandry,(7)concessions with regard to fodder,(8)special abatements made for fallows or bad harvests,(9)cost of collection of rent,(10)allowance for shortage in collection of rent,(11)interest changes payable in respect of advances mode in cash, free of interest, to tenants for the purpose of cultivation,(12)wages or customary dues paid to artisans or menials whose products or labour are utilised for the purposes of cultivation and harvesting, and the share that would be retainable by a tenant if the land were let to a non-occupancy tenant paying rent, whether in cash or in kind, at the normal rate actually prevalent in the estate or group of estates;(12A)[ "net letting value" of a site put to non-agricultural use means the estimated annual rent of the site remaining after deduction of- [Inserted by section 2 (b)of HP. Act 21 of 1976, the Himachal Pradesh 'Panchayat Raj Act'.](i)fair remuneration for the capital invested on building or machinery or both after deducting the depreciation on their value;(ii)house-tax, property-tax; and(iii)maintenance charges not exceeding one month's gross rent, as ascertained or estimated in the manner prescribed.Explanation. - Where no reliable data regarding the cost of buildings and machinery on a site is forthcoming or is otherwise available, valuation and depreciation shall be based on the standards of the Public Works Department of Himachal Pradesh, and](13)"notification" means a notification published by authority of the State Government in the Official Gazette;(14)"pay with its grammatical variations and cognate expressions, includes when used with reference to rent, "deliver" and "render" with their grammatical variation and cognate expressions;(15)"rates and cesses" means rates and cesses which are primarily payable by land-owners, and includes: -(a)the local rate if any payable under the law in force in the State and any fee payable to local bodies including Panchayats formed under the [Himachal Pradesh Panchayati Raj Act, 1968] [Substituted by section 2(c)of HP. Act 21 of 1976, for words 'the Himachal Pradesh Panchayat Raj Act'.] for the use of, or all benefits derived from the following works:-(i)the construction and repair of embankments and the supply, storage and control of water for agricultural purposes;(ii)the preservation and reclamation of soil and the drainage and reclamation of swamps;(b)village officer's cesses; and(c)sums payable on account of village expenses;(16)"rent", "tenant", "landlord" and "tenancy" have the meanings, respectively, assigned to those words in the [Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953] [Substituted by section 147 (c) (of HP. Act 15 of 1953 for the words and figures Punjab Tenancy Act as applied to Himachal Pradesh'.];(17)"Revenue Officer" in any provision of this Act, means a Revenue Officer having authority under this Act to discharge the functions of a Revenue Officer under that provision;(18)[ "State Government" means the Governor of the State of Himachal Pradesh] [Substituted by section 2 of HP. Act 11 of 1955.](19)"survey-mark" includes boundary-mark;(20)"village-cess" includes any cess,contribution or due which is customarily leviable within an estate and is neither payment for the use of private property or for personal service nor imposed by or under any enactment for the time being in force;(21)"village officer" means a Nambardar, Patwari and any other officer so appointed by the State Government.
