Section 2 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context:-(a)[ "appointment day" means the 9th day of September, 1970;] [Inserted by Act 22 of 1976 (1.11.1976) and existing clause (a) made clause (aa) thereof.](aa)[ "Tribunal" means the Bihar Land Reforms Tribunal constituted under section 50 of the Act;] [Inserted by Act 12 of 1987.](aaa)[] [Re-numbered by Act 12 of 1987.] "ceiling area" means the area of land fixed under Section 4 as the ceiling area;(b)[ "Collector" includes an Additional Collector or any other officer not below the rank of Sub-Deputy Collector, appointed by the State Government to discharge all or any of the functions of a Collector under this Act;] [Appointment of officers under section 2(b), see Appendix B](c)[ "Commissioner" means Commissioner of Division and includes any officer not below the rank of the Collector of a district appointed by the State Government to discharge all or any of the functions of a Commissioner under the Act;] [Omitted by Act 22 of 1976 and Inserted again by Act 55 of 1982.](d)"Co-operative society" means a co-operative society registered under the law relating to registration of co-operative societies for the time being in force and a "co-operative farming society" means a cooperative society registered as such under such law;(e)"Diara land" means any land which is subject to diluvion or alluvion on account of any change in the course of a river or which lies between two embankments constructed to control a river and includes any land which may be surveyed as Diara land under the Bengal Survey Act, 1875 (Ben. Act V of 1875), or which after enquiry is declared as such by the Collector;(ee)[ "family" means and includes a person, his or her spouse and minor children; [Inserted by Act 1 of 1973.]Explanation I. - In this clause the word person includes any company, institution, trust, association or body of individuals whether incorporated or not;][Explanation II. - The personal law shall not be relevant or be taken into, consideration in determining the composition of the family for the purposes of the Act;] [Inserted by Act 22 of 1976.](eee)[ "minor child" in relation to a family whose ceiling area is determined under Section 4 with reference to the land held by it on the 9th September, 1970, shall mean "a person who has not attained the age of eighteen years on that date" and in respect of future acquisition as contemplated in Section 18 the date on which such acquisition takes place;] [Inserted by Act 22 of 1976.](f)"land" means land which is used or capable of being used for agriculture or horticulture and includes land which is an orchard, Kharhur or pasturage or [forest land or [also the land] [Inserted by Act 55 of 1982 and shall be deemed always to have been inserted.] perennially submerged under water] or the homestead of land-holder;Explanation I. - "Homestead" means a dwelling house for the purpose of living or for the purpose of letting out on rent together with any courtyard, compound, attached garden, orchard and out building and includes any out building for the purpose connected with agriculture or horticulture and any tank, library and place of worship appertaining to such dwelling house.[Explanation II. [Existing explanations renumbered as I and II added by Act 55 of 1982 and shall be deemed always to have been inserted.] - Land perennially submerged under water shall not include submerged in the bed of a river.](g)[ "Land holder" means a family as defined in clause (ee) holding land as raiyat or as under-raiyat or a mortgagee of land in possession of holding land permanently settled by Government or lessee of land not resumable by Government;] [Substituted by Act 55 of 1982 and shall be deemed always to have been substituted.](h)"mental or physical disability" means mental or physical disability by reason of which the person subject to such disability is incapable of cultivating land by personal labour or supervision;(i)"personal cultivation" with its grammatical variations means cultivation by a raiyat himself, or by members of his family or by servants or hired labourers on fixed wages payable in cash or kind but not in crop-share under his personal supervision or the supervision of any member of his family during main agricultural operation;(j)"prescribed" means prescribed by Rules made under this Act;(k)"raiyat" means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family or by hired servants or with aid of partners and includes also the successors in-interest or persons who have acquired such a right and includes, in the district of Santhal Parganas' a village head man in respect of his private land, if any, but does not include in the areas to which the Chotanagpur Tenancy Act , 1908 (Ben. Act VI of 1908, applies a Mundari, Khuntkattidar or a Bhuinhar;(l)"Schedule" means the Schedule appended to this Act;(m)"under raiyat" means a tenant holding whether immediately or mediately under a raiyat; and(n)all words and expressions used but not defined in this Act, shall have-(i)in their application to any area in which the Bihar Tenancy Act, 1885 (VIII of 1885) is in force, the same meanings as are assigned to them in that Act;(ii)in their application to any area in which the Chotanagpur Tenancy Act, 1908 (Ben. Act VI of 1908) is in force, the same meaning as are assigned to them in that Act; and(iii)in their application to any area in which the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act XIV of 1949) is in force, the same meanings as are assigned to them in that Act.
