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State of Assam - Section

Section 2 in Assam State Acquisition of Zamindaries Act, 1951

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context.-
(a)"Acknowledged estates" means estates in Bijni and Sidli Duars acknowledged by the State to be in possession of, and settled with, the Rajas of Sidli on a periodic basis :
(b)"Agriculture" includes horticulture :
(c)"Agriculture land" means land used for the purpose of agriculture and includes land over which agricultural residences stand :
(d)"Agriculture year" means the year commencing on the first day of Bahag Baisakh :
(e)"Arrear" means either the whole, in instalment or part of an instalment of rents, revenue or other dues which is not paid on or before the date on which it is payable, and includes arrears in respect of which suits were pending or decrees not finally satisfied on the date of notification under section 3 :
(f)"Charitable purpose" includes relief of the poor, education and medical relief and the advancement of any other object of general public utility :
(g)"Claims Officer" means the Claims Officer appointed under sub-section (1) of section 14 of this Act :
(h)"Compensation Officer" means the Compensation officer appointed under section 10 of this Act :
(i)"Date of vesting" means the first day of the agricultural year next following the date of publication of notification under section 3 of this Act ;
(j)"Deputy Commissioner" means the Deputy Commissioner of the district in which the land in question is situated, and includes any Revenue Officer or Extra Assistant Commissioner empowered by the State Government to discharge any of the functions of the Deputy Commissioner under any provision of this Act ;
(k)"Estate" means lands included under one entry in any of the general registers of revenue paying and revenue-free lands, prepared and maintained under the law for the time being in force by the Deputy Commissioner, and includes revenue-free lands not entered in any register ;
(l)"Holding" means a parcel or parcels of land held by a tenant other than a tenure-holder and forming the subject of a separate engagement with the landlord ;
(m)"Homestead" means a dwelling house (whether used by the owner or let out on rent) and the land on which it stands, together with any courtyard, compound, attached garden, orchard and out-buildings, and includes any out-buildings used for purposes connected with agricultural or horticulture and any tank and place of worship appertaining to such dwelling house ;
(n)"Lakhiraj estate" means any estate exempt from assessment under any grant made by the previous rulers of the country and confirmed by or on behalf of the Government ;
(o)"Land-holder" means any person deemed to have acquired the status of a land holder under section 8 of the Assam Land and Revenue Regulation (Regulation I of 1886) ;
(p)"Landlord" means a person immediately under whom a tenant holds, but does not include the Government ;
(q)"Land revenue" means any revenue assessed by the State Government on an estate ;
(r)"Permanently-settled estates" means any estate in the districts of Cachar, Garo Hills and Goalpara included in the decennial settlement of the Lower Provinces of Bengal or permanently-settled at any subsequent date under any law for the time being in force ;
(s)"Permanent settlement" means the permanent settlement of Bengal and portions of Assam made in or about the year 1793 and upto and including the year 1869 ;
(t)"Prescribed" means prescribed by the rules made under this Act ;
(u)"Private land" means the land described as proprietor's private land under section 123 of the Goalpara Tenancy Act, 1929 (Assam Act I of 1929), and section 143 of the Sylhet Tenancy Act, 1936 (Assam Act XI of 1936), or lands in possession of a proprietor of 'acknowledged estates' within such estates for the purpose of cultivating it by himself or by the members of his family or by servants or hired labourers ;
Provided that the proprietor for this purpose includes a tenure-holder;
(v)"Proprietor" means a person holding in trust or owning for his own benefit any permanently-settled estate or any Lakhiraj estate or any 'acknowledged estate', or a part of any such estate and includes the hires and successors-in-interest of a proprietor, and where a proprietor is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator ;
(w)"Raiyat" means a person who has acquired from a proprietor or a tenure-holder a right to hold land for the purpose of cultivating it by himself or by the members of his family of by servants or hired labourers ;
(x)"Rent" means whatever is lawfully payable in money or kind by a tenant on account of the use and occupation of the land held by him;
(y)"Settlement holder" means any person, other than a proprietor, who has entered into an engagement with the State to pay land revenue and includes a land-holder ;
(z)"Settlement Officer" means a "Settlement Officer" appointed by State Government under section 9 of this Act ;
(za)"Temporarily-settled estate" means any estate not being a revenue-free or permanently-settled estate or 'acknowledged estate';
(zb)"Tenant" means a person who holds land under another person and is or, but for a special contract, would be, liable to pay rent for that land to that other person, but does not include a person who holds immediately under Government ;
(zc)"Tenure" means the interest of a tenure-holder or an under-tenure-holder ;
(zd)"Tenure-holder" means a person who has acquired from a proprietor or from another tenure-holder right to hold land for the purpose of collecting rents or of bringing it under cultivation by establishing tenants on it, and includes a "permanent tenure-holder" and "Trust" within the meaning of section 6 of the Goalpara Tenancy Act (Assam Act I of 1929), and also includes the successor-in-interest of a person who has acquired such a right and a person who holds such right in trust, and where a tenure-holder is a minor or of unsound mind or an idiot, his guardian, committee, or other legal curator ;
(ze)"Trust" includes any express or constructive trust created or existing for a public purpose of a charitable or religious nature and a Hindu, Muslim, Christian, Buddhist or any other religious or charitable endowment ;
(zf)"Under-raiyat" means a person holding land immediately or mediately under a raiyat.