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Bengal Presidency - Section

Section 4 in Cess Act, 1880

4. Interpretation-clause. - In this Act, unless there be something repugnant in the subject or context,-

[["annual value of any land, estate ortenure”]]() means the total [* *]() rent which is payable, or, if no [* *]() rent is actually payable, would, on a reasonableassessment, be payable, during the year by all the cultivatingraiyats of such land, estate or tenure, or by other persons inthe actual use and occupation thereof;[[Explanation.—]]()// Forthe purpose of the foregoing definition, whatever is lawfullypayable or deliverable, or would, on a reasonable assessment, belawfully payable or deliverable, in money or in kind, directly tothe Government,—// [[quot;annual valueof any land, estate or tenure”]]() means the total revenue orrent which is payable, or, if no revenue or rent is actuallypayable, would, on a reasonable assessment, be payable, duringthe year by all the cultivating raiyats of such land, estate ortenure, or by other persons in the actual use and occupationthereof:
//(a) by raiyats cultivating land in a Government estate onaccount of the use or occupation of the land, or//  
//(b) by other persons in the actual use and occupation of landin such an estate, shall be deemed to be “rent”.//  
"Commissioner" means the Commissioner of the Division:"cultivating raiyat" mean's a person cultivating land and paying rent thereof not exceeding one hundred rupees per annum:Explanation. - When rent is payable in kind, the money value thereof shall, for the purposes of this Act, be taken to be the annual value of the landlord's share of the crop calculated on an average of the three years next preceding any valuation or re-valuation under this Act:["despatch", in relation to a coal mine, means the quantity of coke and coal despatched from the coal mine and that, in relation to other mines and quarries including sand quarries, means the quantity of minerals/sand despatched from such mine or quarry;]"district" means the local area to which a Collector is appointed and no lands situate beyond the limits of such local area shall be deemed to form part of a district by reason of (heir forming part of an estate paying revenue to the Collector thereof:"estate" means-
(1)land included under one entry in the general registers of revenue-paying lands and of revenue-free lands prepared and maintained by the Collector of a district under the Land Registration Act, 1876, or any similar law for the time being in force;
(2)any land, other than the holding of a cultivating raiyat, the revenue or rent of which may be payable directly to the Collector or any person specially appointed by him to collect the same;
(3)any land acquired under any rules issued by, or under authority of, Government for the sale, grant, lease or clearance of wastelands:"holder of an estate or tenure" means all or any of the holders thereof, and, where two or more persons are jointly holders thereof, they shall be jointly and severally liable under this Act:"holding" means the land held by a cultivating raiyat:"immovable property" includes lands and all benefits to arise out of land and things attached to the earth, or permanently fastened to anything which is attached to the earth, but does not include crops of any kind, or houses, shops or other buildings:"land" means land which is cultivated, uncultivated or covered with water, and does not include houses or buildings:"Part", "Chapter" and "section" mean respectively a Part, chapter and section of this Act:"Schedule" means a schedule to this Act annexed, and every such schedule shall be read as part of this Act:"tenure" includes every interest in land, whether rent-paying or not save and except an estate as above defined, and save and except the interest of a cultivating raiyat:"the Collector" includes any person specially invested with the powers of a Collector for the purposes of this Act, and means-
(i)when used in reference to revenue-paying estates and lands comprised therein, to all proceedings connected therewith and to the assessment and levy of cesses in respect thereof,
the Collector or other similar officer on whose revenue-roll such estates are borne;
(ii)when used in reference to revenue-free estates and lands comprised therein, to all proceedings connected therewith and to the assessment and levy of cesses in respect thereof,
the Collector or other similar officer on whose general register of revenue-free lands such estates are borne;"the Collector of the district" includes any person specially invested with the powers of a Collector for the purposes of this Act, and means the officer-in-charge of the revenue-administration of a district:["the Settlement Officer"] means the Revenue-officer appointed by the [State Government] under the designation of Settlement Officer or Assistant Settlement Officer, for the purpose of preparing or revising records-of-rights, under Chapter X of the Bengal Tenancy Act, 1885, or any other law for the time being in force, in respect of the lands in any local area, estate or tenure, or part thereof,and includes any officer appointed by the 12[State Government] to maintain records-of-rights so prepared or revised.[* * * * * * * * * *][* * * * * * * * * *]"Year" means the cess year as determined by the [Board of Revenue] under section 11.["Zilla Parishad" means a Zilla Parishad established under section 3 of the West Bengal Zilla Parishads Act, 1963."Zilla Parishad Fund" means the fund constituted under section 40 of the West Bengal Zilla Parishads Act, 1963.]