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State of Uttarakhand - Section

Section 3 in Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960

3. Definitions.

- In this Act unless there is anything repugnant in the sub-section or context-
(1)"Collector" includes an Assistant Collector of the First Class empowered by the State Government by a notification in the official Gazette to discharge all or any of the functions of a Collector under this Act;
(2)"Compensation Commissioner" means the Compensation Commissioner referred to in Section 50;
(3)"Compensation Officer" means the Compensations officers appointed under section 50;
(4)"existing law means the law in force in Kumaun and Garhwal Divisions on the date immediately preceding the date of commencement of this sections and includes any ordinance, order, bye-law, rule, regulation notification, custom or usage having the force of law,
(5)Gunth or Sadabrat grant shall include grant or other similar assignment of land revenue in favour of a temple or diety or a religious or charitable institution made by the State Government or any of its predecessor Government and which was in operation on the date immediately preceding the date of notification under section4;
(6)"hissedar" shall have the meaning assigned to it in the existing law relating to land tenure applicable to Kumaun and Garhwal Divisions and includes the following:
(i)Guzaredars of pargana Askot,
(ii)Holders of fee simple estates,
(iii)maharaja of Tehri in respect of land held by him as khudkasht on the date of merger of Tehri-Garhwal, as defined in the Tehri-Garhwal (Administration) Order, 1949, in Uttar Pradesh,
(iv)Sakalana Muafidars in Tehri-Garhwal (in respect of land held by them as their Khudhashi on the date of surrender of their proprietary and Mudfidar rights in 1948);
(v)the Muafidars of Padyargarn in Tehri-Garhwal,
(vi)a Maurusidar or a halband Muafidar in Tehri-Garhwal or Uttar Kashi in respect of that part of his land of which is held by a Khaikar;
(vii)a Jagirdar or a soldier's settlement estate, and
(viii)an allottee of land in the Dunagiri Colonization area in the Almora District who has purchased hissedari rights before the appointed date.
(7)"Khaikar" shall have the meaning assigned to it in the existing law relating to land tenures applicable to Kumaun and Garhwal Divisions and includes a Maurusidar or a halbandi Muafidar in Tehri-Garhwal or Uttar Kashi in respect of that part of his land which is not held by a khaikar;
(8)"Khaikarl land" means land held by a khaikar and includes "Gaon Sanjait"
(9)["Kumaun Division" [Inserted by U.P. Act No. 35 of 1974] means the districts of Naini Tal, Almora and Pithoragarh;]
(9A)['Garhwal Division' [Subs, by U.P. Act No. 30 of 1975] means the districts of Tehri-Garhwal, Garhwal, Uttar Kashi and Chamoli;]
(10)"land" means land held or occupied for purposes connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming but shall not include a forest;
(11)"mine" shall have the meaning assigned to it in the U.P. Zamindari Abolition and Land Reforms Act, 1950;
(12)"prescribed" means prescribed by rules made under this Act;
(13)"previous agricultural year" means the agricultural year immediately preceding that in which, the appointed date falls;
(14)"State Government" means the Government of Uttar Pradesh;
(15)"thekedar" means lessee of the rights in khaikari land of a hissedar;
(16)words and expressions, "cess", "fee simple estate", "Gaon Sanjait", "Gharpadhan", "Grove", "Grove land", "Grove-holder", "land revenue", "Pradhan", "Pandhanchari land", "rent","sirtan", "thokdar", and "thkdari land" used in this Act shall have the meaning assigned to them in the existing law relating to land tenures applicable to Kumaun and Garhwal Division [****] [The words 'and' omitted by Section 35 of U.P. Act XII of 1965];
(17)words and expressions "Assistant Collector","Assistant Collector Incharge of a sub-division", and "mehal", used in this Act shall have the meaning assigned to them in the U.P. Land Revenue Act, 1901, as applicable to Kumaun and Garhwal Divisions.[;and]
(18)[references to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and to the U.P. Land Revenue Act, 1901 or to rules framed thereunder shall be construed respectively as references to the said Acts or rules as amended from time to time, and references to enactments relating to acquisition of land for a public purpose shall be construed as references to those enactments as amended from time to time in their application to Uttar Pradesh.] [Added by Section 35 of U.P. Act XII of 1965]Chapater II Acquisition and Modifications of Existing Rights in Land