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State of Gujarat - Section

Section 2 in The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context-
(1)"agricultural year" means the year commencing on the first day of April;
(2)"Consolidation of holdings" means the amalgamation and where necessary the redistribution of holdings or portions of holdings in any village, mahal or taluka or any part thereof so as to reduce the number of plots in holdings;
(3)"Consolidation Officer" means an officer appointed as such under Section 15 by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government and includes any person authorised by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to perform all or any of the functions of the Consolidation Officer under this Act;
(3A)[ "Co-operative Society" means a co-operative society registered or deemed to be registered under [the Gujarat Cooperative Societies Act, 1961] [This clause was inserted by Bombay 69 of 1953, Section 2.]; [* * * * *;] [The words from 'or that Act' to 'region of the State' were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.]
(4)"fragment" means a plot of land of less extent than the appropriate standard area determined under this Act;Provided that, no plot of land shall be deemed to be a fragment by reason of any diminution in its area by diluvion;
(5)"land" means agricultural land, whether alienated or unalienatcd;
(6)"local area" means any area notified as such in the Official Gazette under Section 3;[* * * * * ] [Clause (1) was deleted by Bombay 61 of 1958, Section 3 (2) (b).]
(8)"owner" means in the case of unalienated land the occupant [or tenure-holder] [These words were inserted by Bombay 61 of 1958, Section 3 (2) (c).] and when such land has been mortgaged owner means the mortgagor; in the case of alienated land owner means the superior holder [or Girsadar] [These words were added, by Bombay 61 of 1958, Section 3 (2) (c)];[* * * * *] [This proviso was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.]Explanation. - In this clause the expression "Girasdar" shall have the meaning assigned to it in the Saurashtra Land Reforms Act, 1951 (Saurashtra Act XXV of 1951).]
(9)"prescribed" means prescribed by rules made under this Act;
(9a)[ "relevant Code" means- [Clauses (9a) to (9c) were inserted by Bombay 6 of 1958, Section 3 (2) (d).]
(a)[ in the Kutch area of the State of Gujarat, the Bombay Land Revenue Code, 1879 (Bombay V of 1879) as applied to that area and in the rest of the State of Gujarat, the Bombay Land Revenue Code, 1879 (Bombay V of 1879);]
[* * * * * *] [Clauses (b) and (c) were omitted, by the Gujarat Adaptation of Laws (States and Concurrent Subjects) Order, 1960]
(9b)"relevant tenancy law" means-
(a)[ in the Bombay area of the State of Gujarat, the Bombay Tenancy and Agricultural Lands Act, 1948 and in the Kutch area of that State, the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch area) Act, 1958, in its application to the Kutch area of the State;] [Clause (a) was substituted for the original by the Gujarat Adaptation of Laws (States and Concurrent Subjects) Order, 1960.]
[* * * * * *] [Clauses (b) and (c) were omitted by the Gujarat Adaptation of Laws (States and Concurrent Subjects) Order, 1960.]
(d)in the Saurashtra area of the [State of Gujarat] [These words were substituted for the words 'State of Bombay', by the Gujarat Adaptation of Laws (States and Concurrent Subjects) Order, 1960.], the Saurashtra Prohibition of Leases of Agricultural Lands Act, 1953 (Saurashtra Act XXIII of 1953) and the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance, 1949 (Saurashtra Ordinance LVI of 1949);
(9c)"Settlement Commissioner" includes a Commissioner of Survey Settlement;]
(10)"Standard area" in respect of any class of land means the area which the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may from time to time determine under Section 5 as the minimum area necessary for profitable cultivation in any particular local area, and includes a standard area revised under the said section;
(10a)[ "village committee" means a village committee constituted under Section 34A;] [This clause was inserted by Bombay 61 of 1958, Section 3 (2) (e) and (g).]
(11)words and expressions used in this Act, but not defined have the meaning assigned to them in the [relevant Code] [These words were substituted for the words and figures 'Bombay Land Revenue Code, 1879' by Bombay 61 of 1958, Section 3 (2) (1).];
(12)[ any reference in this Act to the Bombay Land Revenue Code, 1879 (Bombay V of 1879), shall, where the context so requires, be construed as reference to that Code as applied to the [Kutch area of the State of Gujarat.] [This clause was inserted, by Bombay 61 of 1958, Section 3 (2) (g).]