Section 2 in Gujarat Surviving Alienations Abolition Act, 1963
2. Definitions.- In this Act, unless the context otherwise requires,-
(1)"aghat land" means land originally belonging to a taluqdar of a taluka or estate in the former Kathiawar but sold by him to any person by executing a sale deed before the merger of is taluka or estate, as the case may be, in the former State of Saurashtra under an agreement executed by him in accordance with the Covenant without claiming or accepting privy purse;(2)"aghat holder" means a person for the time being holding an aghat land subject to the stipulations contained in the sale deed referred to in clause (1) of this section and pertaining to the land;(3)"alienation" means-(a)any right in respect of an aghat land enjoyed by in aghat holder immediately before the appointed day,(b)any right in respect of a Taluqdari wanta enjoyed by the holder thereof immediately before the appointed day,(c)any right, with or without any condition of service, in respect of any other land, village or portion of a village and consisting of-(i)any proprietary interest in the soil coupled or not coupled with exemption from the payment of the whole on part of the land revenue, or(ii)a right only to the land revenue or a share of land revenue of the land, village or portion of a village,enjoyed by the holder thereof for the time being and subsisting immediately before the appointed day in limitation of the right of the State Government to assess the land or village or portion of a village to land revenue in accordance with the Code, whether by virtue of an express grantor recognition as a grant by the ruling authority for the time being or otherwise, or(d)any right to any cash allowance or allowance in kind, by whatever name called, payable by the State Government and enjoyed by any person immediately before the appointed day;(4)"alienated land" means an aghat land, Taluqdari Wants or any other land, village or portion of a village held under an alienation;(5)"alienee" means the holder of an alienation and include his co-sharer if any;(6)"appointed day" means the date on which this Act comes into force;(7)"assessment" in relation to any land means-(a)the assessment fixed on the land under the law relating to land revenue applicable to the land immediately before the commencement of this Act, and(b)where no such law was in existence or no assessment was fixed on the land, the amount which would have been fixed as assessment on the land under section 52 of the Code, had the Code been applicable;(8)"authorised holder" in relation to an alienated land means a person in whom the ownership of such land vests permanently whether by virtue of the operation of the tenancy law or of any kind of valid transfer made otherwise than under the tenancy law;(9)"Code" means-(i)in the Bombay and Saurashtra areas of the State of Gujarat, the Bombay Land Revenue Code, 1879, and(ii)in the Kutch area of the State of Gujarat, the Bombay Land Revenue Code, 1879 (Bom. V of 1879) as extended to that area;(10)"Collector" includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act;(11)"commutation settlement" means a settlement made or confirmed under the law applicable to a watan relieving the holder, his heirs and successors of the liability to perform the services appertaining to the watan;(12)"community service inam" meana an alienation held for the purpose of performing service useful to the village community and includes an alienation held for such service even where such service has ceased to be demanded;(13)"Covenant" means the covenant as defined in cluase (14) of section 2 of the Saurashtm Acts (Interpretation) Act, 1952; (Sau. X of 1952)(14)"forest land" means any alienated land or part thereof declared as forest under section of the Indian Forest Act, 1927 (XVI of 1927) before the appointed day, provided such declaration was in force immediately before the appointed day;(15)"inferior holder" moans a person who is in possession of an alienated land whether by inheritance or succession or valid transfer under the tenancy law or otherwise and holds such land not on payment of rent but on payment of assessment in cash or kind to the alienee or jiwaidar;(16)"jiwai land" means land held by a cadet of the alienee's family for the purpose of maintenance;(17)"jiwaidar" means a cadet of the alienee's family holding jiwai land for his maintenance;(18)"Land Acquisition Act" means-(i)in the Bombay and Kutch areas of the State of Gujarat the Land Acquisition Act, 1894 (I of 1894) as in force therein for the time being, and(ii)in the Saurashtra area of the State of Gujarat, the Land Acquisition Act, 1894 (I of 1894) as adapted and applied to that area;(19)"prescribed" means prescribed by rules made under this Act;(20)"Taluqdari wanta" means an alienation comprising of a wanta belonging to a Taluqdar in so for as it is not affected by the Bombay Taluqdari Tenure Abolition Act, 1949 (Bom. XLII of 1949) and the Bombay Personal Inanta Abolition Act, 1952;(21)"tenancy law" means- (Bom. XLII of 1953)(i)in the Bombay area of the State of Gujarat the Bombay Tenancy and Agricultural Lands Act, 1948, (Bom. LXVII of 1948)(ii)in the Kutch area of the State of Gujarat, the Bombay Tenancy and Agricultural Lands (Vidarrbha Region and Kutch Area) Act, 1968, (Bom. XCIX of 1958) and(iii)in the Saurashtra area of the State of Gujarat, any law regulating agricultural tenancies in force for the time being in that area;(22)"watan" means an alienation held for any service useful to Government other than service appertaining to the office of a revenue or police pate and service appertaining to the office of an inferior village servant within the meaning of the Bombay Inferior Village Watans Abolition Act, 1958; (Bom. I of 1959)(23)the other words or expressions used but not defined in this Act shall have the meanings assigned to them in the Code.
