- In this Act unless there is anything repugnant in the subject or context -(1)"agriculture" includes the raising of crops, grass or garden produce, horticulture, dairy farming, breeding and keeping of livestock and use of land as pasture or for forest or for any other purpose where such use is ancillary to agriculture;(2)[* * *] [Omitted vide Orissa Act No. 13 of 1965.](3)"Armed Forces" means Military, Naval of Air Force of the Union;Note. - A serving member of the Armed Forces is a "Person under disability" under Section 2 (21) of the Act.[(3-a) "authorised officer" means an officer appointed as such by the State Government for the purpose of Section 8-A;] [Inserted vide Orissa Gazette Extraordinary No. 763/1.7.1994-O.A. No. 12 of 1994.](4)"basic holding" means an area of land measuring [two] [Substituted vide Orissa Act No. 13 of 1965.] standard acres;Note. - One acre is equal to 0.4047 hectre.(5)[ "ceiling area" means the extent of land which a raiyat or landholder shall be entitled to hold under Section 37-A;] [Substituted vide Orissa Act No. 9 of 1974.](5-A) "classes of land" means -Class I - Irrigated land in which two or more crops (i) were in any year within a period of three years before the commencement of the Orissa Land Reforms (Amendment) Act, 1973, (President's Act 17 of 1973) grown or (ii) can be grown in a year;Class II - Irrigated land in which not more than one crop (i) was, in any year within a period of three years before the commencement of the Orissa Land Reforms (Amendment) Act, 1973, (President's Act 17 of 1973), grown or (ii) can be grown in a year;Class III - Land, other than irrigated land, in which paddy (i) was, in any year within a period of three years before the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973), grown or (ii) can be grown in a year;Class IV - Any other land;Explanation. - For the purposes of this clauses tanks, coconut gardens and orchards (except orchards growing babana), shall deemed to be Class III land.(6)"Collector" means the Collector of a district or any other officer appointed by the Government to discharge all or any of the functions of Collector under this Act;Notes - All Addl. District Magistrate have been appointed by the Govt, to h the Collectors to discharge the functions under Section 59 of the Act (Revisional Powers) within their respective jurisdiction (by notification No. 63375-50/65-Re. 5965-R., dated the 25th September, 1965).All Tahasildar and Additional Tahasildars of the State were appointed to discharge the functions of the Collector under Section (5-2) of the Act, within respective jurisdiction (by Notification 67842-RE 188/73 dated the 22nd October, 1973).(7)"commencement of the Act" in relation to any provision means the date specified in respect of that provision in a notification under Sub-section (3) of Section 1;(8)"District Executive Committee" means the Committee constituted under Section 55;(9)[* * *] [Omitted vide Orissa Act No. 13 of 1965.][(9-a) "fair and equitable rent in respect of any land" means cash rent payable by raiyats for similar lands with similar advantage in the vicinity;] [Inserted vide Orissa Act No. 13 of 1965.](9-b) "fair rent" in respect of one acre of Class I, Class II, Class III or Class IV land means respectively eight, six, four or two standard mounds of paddy or the cash equivalent thereof;[Explanation I - The cash equivalent of paddy shall be calculated on the basis of the market-value of paddy as may be declared every year with respect to different areas by Government by notification in that behalf] [Re-numbered vide Orissa Act No. 44 of 1976.]-;[Explanation II - For the purposes of conversion, one maund shall be equal to 37, 3242 Kilograms;] [Inserted vide Orissa Act No. 44 of 1976.]Note : Fair and equitable rent in respect of any land is the equivalent of cash rent payable by raiyats for similar lands with similar advantages in the vicinity.(10)"Government" means the State Government of Orissa;(11)"holding" means a parcel or parcels of land forming the subject of a separate tenancy;(12)[ "homestead" means any land, whether or not recorded as such, ordinarily used as house-site, ancillary or incidental to agriculture;] [Substituted vide Orissa Act No. 13 of 1965.](13)[ "irrigated land" means land which is assured of irrigation from an irrigation project constructed or maintained or improved or controlled by the Central Government or the State Government or by a body corporated established under any law for the time being in force and includes land which is assured of irrigation from any private source by means of [* * *] [Substituted vide Orissa Act No. 9 of 1974.] lift irrigation from any perennial water source operated by diesel or electric power, but does not include continually water-lodged lands or sand cast lands;](14)[ "land" means land of different classes used or capable of being used for agricultural purposes and includes homestead;] [Inserted vide Orissa Act No. 29 of 1976.](15)"Land Commission" means the Land Commission constituted by the Government under Section 53;(16)"land-holder" means all holders or owners of interest in land between the raiyat and the State and a Proprietor, Sub-proprietor, Malguzar, Thikadar, Gountia, Tenure-holder, Under-tenure-holder and includes an Inamdar, Jagirdar, Zamindar, Illaquadar Kharposhdar, Parganadar, Sarbarakar and Maufidar;(17)"landlord" means a person immediately under whom land is held by a raiyat or a tenant;Explanation I. - A raiyat or a tenant shall be deemed to be a landlord in relation to the tenant or tenants immediately under him;Explanation II. - Government shall be deemed to be landlord in respect of the lands held directly under them either by a raiyat or a temporary lessee or a tenant;(18)"Land Reforms Commissioner" means the Land Reforms Commissioner appointed by the Government;[(18-a) "local Committee" means the local Committee constituted under Section 55;] [Inserted vide Orissa Act No. 29 of 1976.](19)"minor" means a person who has not attained the age of majority under the Indian Majority Act, 1875 (Act 9 of 1875);Note : As per the Indian Majority Act a person becomes major when he completes 18 years of age but in case any Court of wards or guardian is appointed of his person or property by any Court of justice then he becomes major on completion of 21 years of age only. The day in which he was born is to be included in the computation.(20)[ [* * *] [Omitted vide Orissa Act No. 13 of 1965.](21)[ "person under disability" means - [Substituted vide Orissa Act No. 13 of 1965.](a)a widow, or an unmarried woman or a woman, who is divorced or separated from her husband by a decree or order of a Court or under any custom or usage having the force of law, or(b)a minor, or(c)a person incapable of cultivating land by reason of some mental or physical disability; or(d)a serving member of the Armed Forces, or(e)[ a raiyat the total extent of whose lands held in any capacity whatsoever does exceed three standard acres; or](f)a raiyat the total extent of whose lands held in any capacity whatsoever for personal cultivation after the disposal of proceedings, if any, under Chapter-III [does not exceed three standard acres] [Substituted vide Orissa Act No. 13 of 1965.] Provided that in the case of a person covered by any of the Sub-clauses (a), (b) or (e) a certificate has been obtained in accordance with the provisions of this Act, to the effect that such person is incapable of cultivating the land personally :[Provided further that a certificate as aforesaid shall not be granted to a person who is subject to any physical disability if he has any source of income (other than land) as may be prescribed;] [Inserted vide Orissa Act No. 9 of 1974.]Explanation. - In computing the extent of lands for the purposes of Sub-clause (e) or (f) lands covered by homestead, orchards and tanks shall not be taken into account.(22)"personal cultivation" with its grammatical variation and cognate expressions means to cultivate on one's own account-(a)by one's own labour; or(b)by the labour of any member of one's family; or(c)by servants or hired labour on wages, payable in cash or kind, but not in crop-share, under one's personal supervision or the personal supervision of any member of one's family;[Explanation. - 'Family' in relation to an individual, means the individual, the husband or wife, as the case may be, of such individual and their children, whether minor or major;] [Inserted vide Orissa Act No. 29 of 1976.](23)"prescribed" means prescribed by rules made by the Government under this Act;(24)[ "privileged raiyat" means - [Inserted vide Orissa Act No. 9 of 1974.](a)a Co-operative Society registered or deemed to be registered under the Orissa Co-operative Societies Act, 1962 (Act 2 of 1962) and includes a Land Development Bank and the State Land Development Bank as defined in that Act;(b)"Lord Jagannath" at Puri and his Temple within the meaning of the Shri Jagannath Temple Act, 1955 (Act 11 of 1955);(c)any trust or other institution declared under this Act to have been a privileged raiyat prior to the commencement of the Orissa Land Reforms (Amendment) Act, 1973;(d)any trust of other institution whose estate has been declared to be a trust estate by a competent authority under the Orissa Estate Abolition Act, 1951 (Act 11 of 1952);(e)any other trust which is declared to be a religious or charitable trust of public nature by the Tribunal constituted under Section 57-A;and(f)any public financial institution;](25)[ "public financial institution" means - [Inserted vide Orissa Act No. 9 of 1974.](i)a banking company within the meaning of the Banking Regulation Act, 1949 (Act 10 Of 1949);(ii)the State Bank of India constituted under the State Bank of India Act, 1955 (Act 23 of 1955);(iii)a subsidiary Bank within the meaning of the State Bank of India (Subsidiary Banks) Act, 1959 (Act 38 of 1959);(iv)a corresponding new Bank with the meaning of the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 (Act 5 Of 1970);(v)the Agricultural Refinance Corporation established under the Agricultural Refinance Corporation Act, 1963 (Act 10 of 1963);(vi)the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (Act 18 of 1964):(vii)the Industrial Finance Corporation of India established under the Industrial Finance Corporation Act, 1948 (Act 15 of 1948); and(viii)the Orissa State Financial Corporation established under the State Finance Corporation Act, 1951 (Act 63 of 1951);](26)"raiyat" means a person who is deemed to be a raiyat as such under the provisions of this Act;Note. - "Raiyat" or 'Ryot' has been defined under Section 5 (2) of the Orissa Tenancy Act and 'Raiyat' has also been defined under Section 2 (n) of the Orissa Estates Abolition Act, 1951 - In the Orissa Tenancy Act, 'Raiyat" means primarily a person who has acquired a right to hold land for the purpose of cultivation, by himself or by members of his family, hired servant, with partners and includes successor-in-interest or person who has acquired such a right, that in the latter Act, it means any person holding the land for cultivation and who has acquired right of occupancy.(27)"rent" means whatever is lawfully payable or deliverable in money or in kind or in both by a tenant or a raiyat to his landlord on account of the use or occupation of the land held by him;(28)"Revenue Officer" means any officer appointed as such by Government to discharge any of the functions of a Revenue Officer under the provisions of this Act;(29)[ "Scheduled Bank" means a Bank included for the time being in the Second Schedule of the Reserve Bank of India Act, 1934 (Act 2 of 1934).] [Inserted vide Orissa Act No. 9 of 1974.](30)[ "standard acre" means the unit of measurement of land equivalent to one acre of Class I land, one and one-half acres of Class II land, three acres of Class III land or four and one-half acres of Class IV land; [Substituted vide Orissa Act No. 9 of 1974.]Explanation. - For the purpose of conversion, one acre shall be equal to 0.4047 hectare;](31)"tenant" means person who has no rights in the land of another but under the system generally known as Bhag, Sanja Kata or such similar expression as under any other system, law, contract, custom or usage personally cultivates such land on payment of rent in cosh or in kind or in both or on condition of delivery to that person -(a)either a share of the produce of such land; or(b)the estimated value of a portion of the crop raised on the land; or(c)a fixed quantity of produce irrespective of the yield from the land; or(d)produce or its estimated value party in any of the ways described above and partly in another;(32)"vested estate", "date of vesting" and similar other expression refer to an estate which has vested in the State of Orissa under the Orissa Estates Abolition Act, 1951 (Act 1 of 1952);(33)"year" means the agricultural year commencing on the first day of [April] [Substituted vide Orissa Act No. 13 of 1965.];Note. - The term "year" has been defined under Section 2 (a) of the Orissa Agricultural Year Act 24 of 1963 and Section 2 (i) (a) of the Orissa Tenants Relief Act, 1956.(34)word and expression used in this Act but not defined, shall have the same meaning as assigned to them in the Tenancy Acts, Laws, rules, regulations, customs or usages in force in any part of the State of Orissa and the Transfer of Property Act, 1882 (Act 4 of 1882), as the case may be.
