Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 9] [Entire Act]

State of Bihar - Section

Section 2 in Bihar Privileged Persons Homestead Tenancy Act, 1947

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context -
(a)"building" includes a house, shed, hut and any other structure whether of masonry bricks, wood, mud, metal, bamboo, khar or any other material but does not include the land on which it stands;
(b)"Collector" includes any officer appointed by the State Government to discharge all or any of the functions of a Collector under this Act;
(c)"holding" means a parcel of homestead held by a privileged tenant and forming the subject of a separate tenancy;
(d)"homestead" means any land which is held on lease or used with the consent, express or implied, of the landlord for residential purposes and includes any building erected thereon, together with any Sahan and Bari appurtenant thereto;
(e)"industrial establishment" means, -
(i)"an industrial establishment" as defined in clause (ii) of Section 2 of the payment of Wages Act, 1936 (IV of 1936), or
(ii)a factory as defined in clause (i) of Section 2 of the [Factories Act, 1934 (XXV of 1934)] [Now see factory Act, 1948.] or
(iii)a railway as defined in clause (4) of Section 2 of the Indian ? Railways Act, 1890 (IX of 1890);
(f)"mahajan" means a person whose business is money lending;
(g)"permanent tenancy" means a tenancy which is heritable in the same manner as any other immovable property and which is transferable subject to the provisions of this Act;
(h)"prescribed" means prescribed by Rules made under this Act;
(i)[ "privileged persons" means a person - [Substituted by Amendment Act 11 of 1989.]
(a)who is not a proprietor, tenure-holder, under tenure-holder or Mahajan; and
(b)who, besides his homestead, holds no other land or holds any such land not exceeding one acre;
but does not include any person who has come into possession of the homestead land in contravention of the provisions of Section 20 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act XIV of 1949) or Section 46 of the Chotanagpur Tenancy Act, 1908 (Bengal Act VI of 1908) or Section 49-C of the Bihar Tenancy Act, 1885 (Act VIII of 1885.]
(j)"priviliged tenant" means a privileged person who holds homestead under another person and is or but for a special contract would be , liable to pay rent for such homestead to such person.
(k)"rent" means whatever is lawfully payable or deliverable in money or in other any form by a privileged tenant to his landlord on account of the use or occupation of the homestead held by such tenancy; and
(l)all words and expressions used but not defined in this Act and used in the Bihar Tenancy Act, 1885(VIII of 1885) or in the Chotangpur Tenancy Act, 1908 (Bengal Act VI of 1908), shall in respect of the areas to which the Chotangpur Tenancy Act, 1908 (Bengal Act VI of 1908) applies , have the meanings assigned to them in that Act and, in respect to the other areas, the meaning assigned to them in the first mentioned Act.