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State of Gujarat - Section

Section 2 in Gujarat Devasthan Inams Abolition Act, 1969

2. Definitions.

- In this Act, unless the context otherwise requires,
(1)"appointed day" means the dote on which this Act comes into force;
(2)"assessment" in relation to any land means -
(a)the assessment fixed on the land under the Code immediately before the appointed day, and
(b)where no assessment was so fixed on the land, the amount which would have been fixed as assessment on the land under section 52 of the Code;
(3)"authorised holder" in relation to a Devasthan land means a person in whom the ownership of such land vests permanently whether by virtue of the operation of the tenancy law or of any kind of valid transfer made otherwise than under the tenancy law;
(4)"Code" means the Bombay Land Revenue Code, 1879 (Bombay V of 1879);
(5)"Collector" includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act;
(6)"Devasthan inam" means an inam consisting of a grant or recognition as a grant-
(a)of a village, portion of a village or land, whether such grant be-
(i)of soil with or without exemption from payment of land revenue, or
(ii)of assignment of the whole of the land revenue of the village, portion of the village or, as the case may be, land, or of a share of such land revenue, or
(iii)of total or partial exemption from payment of land revenue in respect of any land; or
(b)of cash allowance or allowance in kind by whatever name called, by the ruling authority for the time being for a religious or charitable institution and entered as such in the alienation register kept under section 53 of the Code or in any other revenue record or public record maintained in respect of alienations or determined as such by a decision under section 5 of the Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat XXX-III of 1963), but does not include-
(i)revenue free sites' granted by a competent authority for the construction of schools, colleges, hospitals, dispensaries or other public works from which no profit is intended to be derived, or
(ii)any alienation to which the provisions of the Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat XXX-III of 1963) or of any of the laws specified in the Schedule thereto apply;
(7)"Devasthan land" means a village, portion of a village or land held under a Devasthan inam;
(8)"forest land" means any Devasthan land or part thereof declared as forest under section 34A of the Indian Forest Act, 1927 (XVI of 1927) before the appointed day, provided such declaration was in force immediately before the appointed day;
(9)"inferior holder" means a person who is in possession of a Devasthan land whether by inheritance, or succession or valid transfer under the tenancy law or otherwise and who, being liable to pay assessment in cash or kind, holds such land, whether on payment of assessment or not;
(10)"inaindar" means the religious or charitable institution for which a Devasthan inam is held, whether such inam is actually entered in the relevant revenue record in the name of such institution or of any person in charge of such institution or having the management thereof;
(11)"prescribed" means prescribed by rules made under this Act;
(12)"religious institution" means any institution belonging to any religion;
(13)"tenancy law" means the Bombay Tenancy and Agricultural Lands Act, 1948; (Bombay LXVII of 1948)
(14)"unauthorised holder" means a person in possession of a Devasthan land under any kind of alienation thereof which is null and void under the law applicable to such land immediately before the appointed day;
(15)the other words or expressions used but not defined in this Act shall have the meanings assigned to them in the Code.