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State of Maharashtra - Section

Section 2 in The Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971

2. Definitions.

- In these rules, unless the context requires otherwise.
(a)"backward class" means a Schedule Caste, Schedule Tribe Neo-Buddhists, Vimukta jatis specified in Appendix I, Nomadic Tribes specified in Appendix II and the other Backward Classes specified in Appendix III;
(b)"backward class cooperative society" means a society which is registered or deemed to be registered under the Maharashtra cooperative Societies Act, 1960, by not less than 30 per cent members of which belong to the backward class;
(c)"code" means the Maharashtra Land Revenue Code, 1966;
(d)"to cultivate personally" means to cultivate on one's own account;
(i)by one's own labour, or (ii) by the labour of any members of one's family and with the occasional assistance, if any of hired labour of servants, on wages payable in cash or kind, but not in crop share:
(e)"economic holding" means -
(i)6.47 hectares of dry crop or jirayat land; or
(ii)3.24 hectares of seasonally irrigated land or paddy or rice land; or
(iii)1.62 hectares of garden or perennially irrigated land.
Explanation I. - Where total land held by a person consists of two or more of the aforesaid classes of lands, the area of economic holding shall be determined on the basis of 4047 hectares of garden or perennially irrigated land being equal to. 8084 seasonally irrigated land or paddy or rice land or 1.62 hectares of dry crop or jirayat land.Explanation II. - "Irrigated" means irrigated by any irrigation work whether constructed or maintained by the State Government or not;
(f)"ex-servicemen" means a former member of the armed forces of the Union (not being a person who has ceased to be a member of the armed forces as a result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion or [Who has been arrested] [Substituted by G.N. of 27.12.72.];
(g)"family" other than a joint Hindu family, in relation to an individual for purposes of grant of land, includes husband, wife, minor sons, unmarried daughters and dependent brother, sister, father and mother whether or not they are separate in estate, but does not include brothers who are major and separate in estate, and the father or mother who is not dependent on such individual;
[(g-i) "form" means a form appended to these rules?] [Inserted by G.N. of 27.12.1972.]
(h)"fragment" and "standard area" have the meaning respectively assigned to them in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947;
(i)"freedom fighter" means person (being a person who is not in receipt of a pension for life or any loan from Government not being a loan under the Land Improvements Loans Act, 1880, or the Agriculturists Loans Act, 1884 or any other loan for the purpose of agricultural production) who has suffered imprisonment, or detention of not less than one month, or who was fined Rs. 100 or more, or who died or was killed in action or in detention or was awarded capital punishment, or became permanently incapacitated due to firing or lathi charge, or lost his property or means of livelihood on account of his participation in the, National Movement for the emancipation of India;
(j)[ (Deleted.)] [Clause(j) was deleted by the Maharashtra Land Revenue (Disposal of Government Lands) (Second Amendment) Rules, 1972, Rule 2 (iii)]
(k)"goldsmith" means a goldsmith who has been affected by the operation of any provision of the Defence of India Rules, relating to gold control or any orders made thereunder, and on the said rules made thereunder;
[(k-i) "occupancy price" means the price payable as consideration for the grant of the rights to occupy and use land;] [Inserted by G.N. of 27.12.1972.][(k-ii) "person with disability" means the person as so defined in clause (t) of section 2 of the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);] [Clause (k-ii) inserted by was Jamin. 1098/151524/CR-75/J-1, dated 7.1.2008 (M.G.G., part IV-B, pages 34 Rule 2)]
(l)"resident" in relation to land means a person residing in a village in which the land is situated or a person residing in an adjoining village within a radius of eight kilometres from the land;
(l-i) "revenue-free value" means the amount of occupancy price of any land plus the capitalised value of revenue for the time being in force, in respect of that land;
(m)"Schedule Castes" means such castes, races or tribes or parts of, or groups within such castes, races or tribes as are deemed to be Scheduled Castes under Article 341 of the Constitution of India;
Explanation. - Communities described as Scheduled Castes within any specified area shall, for the purposes of these rules, be treated as Scheduled Castes even outside such specified area;
(n)"Scheduled Tribes" means such tribes or tribal communities or part of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes under Article 342 of the Constitution of India.
Explanation. - Communities described as Scheduled Tribes within any specified area shall, for the purposes of these rules, be treated as Scheduled Tribes even outside such specified area;
(o)"serving member of the armed forces" means a member of the armed forces of the Union, and includes a member of the armed forces who is killed, or missing in action;
If a question arises whether any person is a serving member of the armed forces of and its decision shall be final;[(o-i) "Tankbed land" means land situated in the bed if streams, nails, ponds, lakes, tanks, dams, canals water courses and all standing and flowing water, which is exposed due to recession of water in the natural process and generally becomes available for cultivation and which vests in the State Government under any law for the time being in force, but does not include land referred to in section 32 and 33 of the Code.] [Clause (o-i), was inserted by G.N. of 25.9.2008 (M.G.G., part IV-B, Extraordinary, pages 1046 to 1049).]
(p)"virgin land" means land which is not under cultivation for a continuous period of three years immediately prior to its grant under these rules;