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State of Gujarat - Section

Section 3 in The Bombay Land Revenue Code, 1879

3. Interpretation section.

- In this Act, unless there be something repugnant in the subject or context -
(1)"revenue officer". - "revenue officer" means every officer of any rank whatsoever appointed under any of the provisions of this Act, and employed in or about the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith [and for the purposes of sections 25 and 26 includes village-officer appointed or officiating under any of the provisions of the Bombay Hereditary Offices Act or the Matadars Act, 1887] [These words and figures were added by 1st Schedule of the Bombay Repealing and Amending Act, 1905 (Bombay 4 of 1905).];
(2)"Survey Officer". - "Survey officer" means an officer appointed under, or in the manner provided by section 18 [***] [The words 'of this Act' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886), Schedule B. This Schedule is printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay 1 of 1904).];
(3)[ "Survey settlement". - "Survey settlement" includes a settlement made under the provisions of Chapter VIIIA] [Clause (3) was inserted by Bombay 20 of 1939, section 2.];
(4)"land". - "Land" includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth, and also shares in or charges on, the revenue or rent of villages, or other defined portion of territory;
(5)"estate". - "estate" means any interest in lands and the aggregate of such interests vested in a person or aggregate of persons capable of holding the same;
(6)"survey number". - "survey number" means a portion of land of which the area and [assessment] [This word was substituted for the words 'other particulars' by Bombay 4 of 1913, section 6 (b).] are separately entered, under an indicative number in the [land records] [These words were substituted for the words 'survey records', by Bombay 4 of 1913, section 6 (b).] [***] [The words 'of the village, town, or city in which it is situated, and includes a recognised share, of a survey number' were repealed, by Bombay 4 of 1913, section 6.];
(7)"sub-division of a survey number". - [Sub-division of a survey number" means a portion of a survey number of which the area and assessment are separately entered in the land records under an indicative number subordinate to that of the survey number of which it is a portion;] [This definition was substituted for the definition of 'recognised share of a survey number', by Bombay 4 of 1913, section 6 (c).]
(8)[ "chavdi". - "chavdi" means in any village in which there is no chavdi, such place as the Collector may direct shall be deemed to be the chavdi for the purposes of this Act;] [Clause (8) was added, by Bombay 4 of 1913, section 6 (d).]
(9)"building site". - "building site" means a portion of land held for building purposes, whether any building be actually erected thereupon or not, and includes the open ground or court-yard enclosed by, or adjacent to, any building erected thereupon;
(10)"boundary mark". - "boundary mark" means any erection, whether of earth, stone, or other material, and also any hedge, [unploughed ridge, or] [These words were substituted for the word 'vacant' by Bombay 6 of 1901, section 2.] strip of ground, or other object whether natural or artificial, set up, employed or specified by a survey officer, or other revenue officer having authority in that behalf, in order to designate the boundary of any division of land;
(11)[ "to hold land", "land holder" or "holder". - "to hold land" or to be a "landholder" or "holder" of land means to be lawfully in possession of land, whether such possession is actual or not] [These definitions were substituted for the original definitions of 'holder' or 'landholder' and 'holding' by Bombay 4 of 1913, section 6 (e).];
(12)[ "holding". - "holding" means a portion of land held by a holder] [These definitions were substituted for the original definitions of 'holder' or 'landholder' and 'holding' by Bombay 4 of 1913, section 6 (e).];
(13)[ "superior holder" "inferior holder".-"superior holder"] [This definition was substituted for the original definitions of 'superior holder' and 'inferior holder', by Bombay 4 of 1913, section 6 (f).] means a land entitled to receive rent or land revenue from other landholders (hereinafter called "inferior holders") whether he is accountable or not for such rent or land revenue, or any part thereof, to [the [State] [The words 'the Provincial Government' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.] Government]:Provided that where land has been granted free of rent or land revenue, subject to the right of resumption in certain specified contingencies, by a Jagirdar, Inamdar or other such holder of alienated land whose name is authorizedly entered as such in the land records, such Jagirdar, Iamdar or holder shall, with reference to the grantee, be deemed to be the superior holder of land so granted by him and the grantee shall, with reference to the grantor, be deemed to be the inferior holder of such land and for the purposes of section 8 of the 9Bombay Local Funds Act, 1869 (Bombay III of 1869), shall notwithstanding anything hereinafter contained in the definition of the word "tenant", be deemed to be the tenant of such grantor);
(14)[ "tenant". - "tenant"] [These definitions were substituted for the original definitions of 'tenant' by Bombay 4 of 1913, section 6 (g)] means a lessee, whether holding under an instrument, or under an oral agreement, and includes a mortgagee of a tenant's rights with possession; but does not include a lessee holding directly under the [Government] [The words 'Government' was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.];
(15)[ "land lord". - "landlord" means a lessor] [These definitions were substituted for the original definitions of 'tenant' by Bombay 4 of 1913, section 6 (g)];
(16)[ "occupant". - "occupant" means a holder in actual possession of unalienatcd land, other than a tenant: provided that where the holder in actual possession is tenant, the landlord or superior landlord, as the case may be, shall be deemed to be the occupant;] [These definitions was substituted for clauses (16) by Bombay 4 of 1913, 6 (h).]
(17)[ "occupy". - "occupy" means a portion of land held by an occupant;]
(18)[ "to occupancy land". - "to occupancy land" means to possess or take possession of land] [These definitions were substituted for clauses (17), (18) and (19) by Bombay 4 of 1913, section 6(h).];
(19)[ "occupation" "alienated". - "occupation" means possession] [These definitions were substituted for clauses (17), (18) and (19) by Bombay 4 of 1913, section 6(h).];
(20)"alienated". - "alienated" means transferred in so far as the rights of [the [State] [The words 'the Provincial Government' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.] Government] to payment of the rent or land revenue are concerned, wholly or partially, to the ownership of any person;
(21)[ "village" includes a town or city an all the land belonging to a village, town or city] [This definition was substituted for the original clause (20), by Bombay 4 of 1913, section 6 (i).];
(22)"revenue year" "year". - the words "revenue year" or "year" means the period from, and exclusive of, the thirty-first July of one calendar year until and inclusive of, the thirty-first July in the next calendar year;
(23)[Definition of "section"] Rep. by Bombay Ill of 1886.
(24)[Definition of "this Chapter"] Rep. by Bombay Ill of 1886.
(25)[ "Joint holders" "Joint occupants". - The term "joint holders", or "joint occupants", means holders or occupants who hold land as co-sharers, whether as co-sharers in a family undivided, according to Hindu law or otherwise, and whose shares are not divided by metes and bounds; and where land is held by joint holders or joint occupants, "holder" or "occupants", as the case may be, means all of the joint holders or joint occupants;] [These definitions were added, by Bombay 4 of 1913, 6 (j).]
(26)[ "Land records". - "land records" means records maintained under the provisions of, or for the purposes of, this Act;] [These definitions were added, by Bombay 4 of 1913, 6 (j).]
(27)[ "certified copy" "certified extract". - "certified copy" or "certified extract" means a copy or extract, as the case may be, certified in the manner prescribed by section 76 (I of 1872) of the Indian Evidence Act, 1872;] [These definitions were added, by Bombay 4 of 1913, 6 (j).]
(27A)[ In this Act, where there is any reference to any other enactment or a provision thereof, such enactment or provision shall not merely by reason of such reference be deemed to extend to the Kutch area of the State of Gujarat but if there be any law corresponding to such enactment or provision in force in the said area, the reference to the enactment or provision as aforesaid shall include a reference to such corresponding law.] [Clause (27A) was inserted by Gujarat 35 of 1965, section 4.][***] [Clause (28) was omitted by the Adaptation of Laws Order, 1950.]