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State of Rajasthan - Section

Section 4 in The Rajasthan Colonisation (Temporary Cultivation Leases) Conditions, 1955

4. Interpretation.

- In this statement of conditions unless there is anything to the contrary in the subject or context:-
(a)"The Act" means the Rajasthan Colonisation Act, 1954 as in force for the time being;
(aa)[ "Joint family" means Undivided Hindu Family and shall include in the case of other persons a group of unit the members of which are by custom or usage joint in estate or residence.] [Added by Notification dated 21.05.1971-Rajasthan Gazette, dated 20.04.1972.]
(b)"The date of commencement of the lease" shall, unless provided otherwise in the order sanctioning the lease, means the date on which the initial order sanctioning the lease was made over to the lessee by way of a Ghair Khatedar tenant;
(c)"Government" means the Government of Rajasthan and shall be deemed to include the successors and assigns of that Government;
(d)"Government land" shall mean all unoccupied lands and lands held under temporary cultivation lease or leases granted for a specific period or under specific conditions if such period has expired or its conditions have not been duly fulfilled and shall also include common village lands, Birs, Paitans and areas reserved for forest or other Government purposes; [but shall not include unoccupied lands, reserved for industries, abadis and other purposes in the Bhakra colony.] [Inserted by Notification dated 21.12.1964-Rajasthan Gazette, dated 11.03.1965.]
(e)"Colonisation Tahsildar" means the Revenue Officer-in-charge of the Colonisation Thsil in which the land is situated and includes [x x x] [Deleted by Notification dated 21.05.1971-Rajasthan Gazette, dated 20.04.1972.] an officer to whom the powers and functions of a Colonisation Tehsildar have been delegated.
(f)[ "Tenant" means any person holding land in a colony and includes his predecessors and successors in-interest and transferees; and] [Substituted by Notification dated 21.05.1971-Rajasthan Gazette, dated 20.04.1972.]
(g)"herein contained" mean a condition or provision contained in this statement of conditions;
(h)"Village road" shall mean and include both inter and intra village roads as defined in the Rajasthan Colonisation (General Colony) Conditions, 1955.
(i)"Irrigation Officer" means such officer of the Irrigation Department as may be duly authorised to deal with any matter mentioned in the terms or conditions of a lease;
(j)"Kharif' and "Rabi" crops mean the crops generally sown and harvested in the Kharif and Rabi seasons respectively;
(k)"the Kharif season and the Rabi season" mean the season of approximately six months each generally known as the Kharif and Rabi seasons, respectively, and should any question arise whether any crop is a Kharif or Rabi crop or whether the date on which anything has been done or should be done falls in one season or other, the question shall be decided by the Collector, whose decision shall be final;
(l)"The Land" and the "Said Land" shall, so far as a separate lease is concerned, be deemed to apply to and designate the lands included in that lease.
(m)"Minerals" include all substances of a mineral nature which can be [won] [Substituted by Notification dated 21.05.1971-Rajasthan Gazette, dated 20.04.1972.] from the earth, such as coal, earth oil, gold-washings, stones and forms of soil which can be used for a profitable purpose on removal, whether existing on, over or below the surface of the land.
(n)[ "Landless tenant" means a bona fide agriculturist by profession who cultivates or can reasonably be expected to cultivate land personally and does not hold any land or holds less than 25 bighas of irrigated or 50 bighas of un-irrigated land under proprietary, Mauroosie or Khatedari rights or in any other capacity, in his own name or in the name of any member of his joint family: [Substituted by Notification dated 07.05.1970-Rajasthan Gazette, dated 07.05.1970.]
Provided that the land held by such person on the date of application for allotment for temporary cultivation together with land, if any, disposed of by such person or by any member of his joint family by transfer or otherwise at any time after the 31st day of March, 1955, does not exceed 25 bighas of irrigated or 50 bighas of un-irrigated land under the aforesaid tenures or tenancy:][Provided further that a released Sagri as certified by the Sub-Divisional Officer will be treated as landless tenant of that village.Explanations. - [1] For the purpose of this proviso "Sagri" means the bonded labourer as defined in the Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976).[2] For the purpose of these conditions one bigha of irrigated land will be reckoned to be equal to two bighas of un-irrigated land and vice versa].
(o)[ "Schedule" means a Schedule appended to these Conditions.] [Substituted and added by Notification dated 07.05.1970-Rajasthan Gazette, dated 07.05.1970.]
(p)[ "Command Land" and "Un-command Land" mean land shown as such by the Irrigation Department of the State Government in its statements of command land and un-command land respectively.] [Added by Notification dated 20.06.1970-Rajasthan Gazette, dated 16.07.1970.]
(q)[ "Colonisation Tehsil" means the area declared as such by the State Government, and where such area has not been declared, shall mean the concerned "Revenue Tehsil" constituted under section 15 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. XV of 1956) and the phrase "Colonisation Tehsildar" shall mean the Colonisation Tehsildar placed in charge of such a Tehsil.] [Added by Notification F. 3(216) Revenue/Col./78, dated 08.11.1982 - Rajasthan Gazette, Part IV-(C), dated 18.11.1982, page 513..]