Section 2 in The West Bengal Non-Agricultural Tenancy Act, 1949
2. Definitions. -
In this Act, unless there is anything repugnant in the subject or context,-(1)"Bengali year" means a year ending on the last day of the Bengali month of Chaitra;(2)"Collector" includes any officer appointed by the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to perform all or any of the functions of a Collector under tins Act;(3)"landlord" means a person immediately under whom a non-agricultural tenant holds and includes the Government;(4)"non-agricultural land" means land which is used for purposes not connected with agriculture or horticulture, and includes any land which is held on lease for purposes not connected with agriculture or horticulture irrespective of whether it is used for any such purposes or not, but does not include-(a)a homestead to which the provisions of [the West Bengal Land Reforms Act, 1955] [Words and figures substituted for the words and figures 'section 182 of the Bengal Tenancy Act, 1885,' by W.B. Act 8 of 1974.] apply,(b)land which was originally leased for agricultural or horticultural purposes but is being used for purposes not connected with agriculture or horticulture without the consent either express or implied of the landlord, if the period for which such been so used is less than twelve years, [* * * *] [Word 'and' omitted by W.B. Act 24 of 1953.](c)land in the districts of Darjeeling or Jalpaiguri which is held for purposes connected with the cultivation or manufacture of tea, [and] [Word 'and' inserted by W.B. Act 24 of 1953.](d)[ land vested in, or in the possession of, the State Government in respect of which any license has been granted by the State Government:] [Sub-clause(d) inserted by W.B. Act 24 of 1953.]Provided that where an order has been made under section 72 converting a parcel of land which is not non-agricultural land into a tenancy to which the provisions of this Act apply such land shall be deemed to be non-agricultural land ;(5)"non-agricultural tenant" means a person who holds non-agricultural land under another person and is, or but for a special contract would be, liable to pay rent to such person for that land but does not include [a person who holds any premises or part of any premises, situated on non-agricultural land and erected or owned by another person, and who is, or but for a special contract would be, liable to pay rent for such premises or such part of the premises to such person.] [Words substituted for the words 'any person who holds any such land on which any premises occupied by such person are situated if such premises have been erected, or are owned, by the person to home such occupier Is, or but for a special contract would be, liable to pay rent for such occupation,' by W.B. Act 24 of 1953.]Explanation.- In this clause "premises" means any building, such as a house, manufactory, warehouse, stable, shop or hut whether constructed of masonry, bricks, concrete, wood, mud, metal or any other material whatsoever and includes any land appertaining to such building;(6)"prescribed" means prescribed by rules made under this Act;(7)"pucca structure" means any structure constructed mainly of brick, stone or concrete or any combination of these materials;(8)all words and expressions used but not defined in this Act and used in [the West Bengal Land Reforms Act, 1955] [Words and figures substituted for the words and figures 'the Bengal Tenancy Act, 1885,' by W.B. Act 8 of 1974.] or the Transfer of Property Act, 1882, have the same meanings as in those Acts.
