Section 2 in The Bombay Inams (Kutch Area) Abolition Act, 1958
2. Definitions.
- In this Act, unless the context otherwise requires,-(i)"appointed day" means the date on which this Act comes into force;(ii)"butadar" means a person who holds heritable and transferable right in land, and who is in possession thereof on payment of land revenue or rent;(iii)"Code" means the Bombay Land Revenue Code, 1879 (Bombay V of 1879), as extended to Kutch;(iv)"Collector" includes an officer appointed by the State Government to exercise the powers and perform the functions of the Collector under this Act;(v)"Creditor" means a person to whom a secured debt is due;(vi)"to cultivate personally" means to cultivate land 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)under the personal supervision of oneself or the personal supervisor of any member of one's family, by a servant for wages payable in cash or kind (but not in crop share) or by hired labour;Explanation. - For the purposes of this clause-(1)a widow or a minor, or a person who is subject to any physical or mental disability or a person who is a member of the armed forces of the Union, shall be deemed to cultivate land personally if it is cultivated by her or his servants or by hired labour;(2)in the case of an undivided Hindu family the land shall be deemed to have been cultivated personally, if it is cultivated by any member of such family;(vii)"Dharmada land" means land or village held for religious or charitable institution;(viii)"gharkhed land" means land which is the private property of an inamdar and which is cultivated by him personally;(viiia)[ "improvement", with reference to any land, means any work which adds to the value of the land and which is suitable thereto as also consistent with the purpose for which the land is held, and includes,- [Clause (viiia) was inserted by Gujarat 43 of 1961, section 2 (1).](a)the construction of tanks, wells, water-channels and other works for storage, supply or distribution of water for agricultural purposes, and(b)the erection of buildings on the land required for the convenience or profitable use of such land for agricultural purposes;](ix)"inam" means a tenure commonly known in Kutch as Girasdari, Mulgiras, Jagiri, Bhayati, Chakariat, Danodi, Dharmada, Khcrati, Varduka, Kamipasa or by other name (including service inam but not including the tenure on which land is held for service as revenue or police patel) under a grant, or recognition as a grant-(a)of the soil, with or without exemption from payment of land revenue, or(b)of the assignment of the whole or a share of land revenue, or(c)of total or partial exemption from payment of land revenue,by, or on behalf of, the Ruler for the time being of the former Indian State of Kutch before merger, and includes-(I)a tenure commonly known is Kutch as Vaghela Jagir on which a village portion of a village or land is held by a person and whereby under usage or custom or otherwise, such village, portion or land is held by such person as his private property totally or partially exempt from payment of land revenue, and(II)a tenure on which any village, portion of a village or land is held in his own State, by the Ruler of the former Indian State of Kutch as his private property before merger, and recognised as such after merger, being property which is totally or partially exempt from the payment of land revenue;(x)"inamdar" means the holder of an inam and includes his co-sharer, and also any person lawfully holding an inamdar or through him;Explanation 1. - Where any inam village, or portion thereof, or any inam land has been mortgaged or otherwise transferred by the holder for the time being of the inam and by bar of limitation or otherwise such holder has lost the right or redeeming or resuming such village, portion thereof, or land, the mortgagee or transferee, as the case may be, shall, for the purpose of this Act, be deemed to be the inamdar of such village, or portion thereof, or the land;Explanation 2. - In the case of a Dharmada inam, the religious or charitable institution shall be deemed to be the inamdar;(xi)"inam village" of "inam land" means a village or portion of a village or, as the case may be, land held as inam;(xii)"Kamipasa land" means land held for service useful to Government or analogous service or, as the case may be, to the village community, but does not include land held for service as revenue or police patel;(xiii)"Kutch" means the Kutch area of the [State of Gujarat] [These words were substituted for the words 'State of Bombay' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.];(xiv)"merger" means the cession by the Ruler of the former Indian State of Kutch of the full and exclusive jurisdiction and powers for and in relation to the governance of the said State;(xv)"prescribed" means prescribed by rules made under this Act;(xvi)"ret butadar" means a person-(a)who holds a grant of land in an inam village whether on payment of land revenue or rent, or both, on condition that the land shall revert to the grantor or his successor-in-interest on the failure of the heirs male of the body of such person, or on the happening of a definite event, or(b)who not being an inamdar or a holder of a sub-inam [or a mortgagee in possession or a person claiming through or under such mortgagee] [These words were inserted by Gujarat 43 of 1961, section 2(2).] is in continuous possession of land in an inam village for a period exceeding twenty years immediately preceding the commencement of this Act;Explanation. - For the purpose of computing the period of twenty years specified in sub-clause (b), the period during which the predecessor-in-title of the person was in occupation of the land shall be included;(xvii)"secured debt" means a debt due from an inamdar which is lawfully subsisting at the commencement of this Act and which is secured by a mortgage of, or charge on, the inam village or land held as inam or sub-inam;(xviii)"service inam" means a tenure on which land other than Kamipasa land is held for the purpose of performing service useful to Government or to the village community, and includes an inam held for such service although such service has ceased to be demanded but does not include an inam held for service as revenue or police patel;(xix)"Sub-inam" means a tenure on which land is held as Dharmada Kamipasa or Varduka land or, otherwise under a grant made by an inamdar but does not include land held for service as revenue or police patel under a grant made by the inamdar;(xx)"Varduka land" means land held by a person belonging to the communities in the village specified in the Schedule, on payment of a fixed sum as land revenue, assessed either on the inam village as a whole or on any holding comprising the inam, and on condition that such land shall revert to the grantor or his successor-in-interest on the failure of the heirs male of the body of such person or on the happening of a definite event;(xxi)other words and expressions used, but not defined, in this Act shall have the meanings assigned to them in the Code.(2)References in this Act to the incidents of inams and sub-inams shall, notwithstanding the abolition of the inams and sub-inams by this Act, be construed as references to the incidents as they were in force immediately before the appointed day.
