Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 8] [Entire Act]

State of Madhya Pradesh - Section

Section 2 in M.P. Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context,-(a)["Central Provinces" means the Mahakoshal region, excluding the area comprised in the merged territories] [Substituted tor the expression 'Central Provinces means all the area in the State excluding the area comprised in the merged territories and in Berar' by M.P.A.L.O., 1956].(b)in relation to the Central Provinces, any expression not herein defined but used or explained in [the Central Provinces and Land Revenue Act, 1917 (II of 1917)] [Now MP Land Revenue Code, 1959.], or the Central Provinces Tenancy Act, 1920 (I of 1920), and the Central Provinces Settlement Act, 1929 (VI of 1929), shall have the meaning therein assigned to it;(c)in relation to the merged territories any expression not herein defined but used, defined or explained in the Central Provinces States Land Tenure Order, 1949, or the Makrai State Land Tenure Order, 1949, or the Central Provinces Land Revenue Act, 1917 (II of 1917), shall have the meaning assigned to it therein, and any expression, which is not used, defined or explained in any of the said orders or the said Act but is used in any wajib-ul-arz in force in any local area, shall have the meaning assigned to it in such wajib-ul-arz;(d)[Omitted.] [Omitted by M.P.A.L.O., 1956.](e)"estate" in relation to the merged territories, means any collection of mahals or villages held by the same proprietor, which has been assessed as one unit to land revenue whether such land revenue be payable or has been released or compounded for or redeemed to in whole or in part;(f)[Omitted.] [Omitted by M.P.A.L.O., 1956.](g)"home-farm" means-
(1)in relation to the Central Provinces,-
(i)land recorded as sir and khudkasht in the name of proprietor in the annual papers for the year 1948-49, and
(ii)land acquired by a proprietor by surrender from tenants after the year 1949-49 till the date of vesting;
(2)in relation to merged territories, that part of the land under the personal cultivation of the proprietor on the date of vesting which was similarly under cultivation in the agricultural year 1949-50 and which he is entitled to retain on the termination of proprietary tenure under any instrument having the force of law and applicable to such tenure.Explanation. - Land under personal cultivation includes land allowed to lie fallow in accordance with the usual agricultural practice; but does not include any land in lawful possession of a raiyot or tenant;
(3)[Omitted.] [Omitted by M.P.A.L.O., 1956.]
(h)"homestead" means a dwelling-house together with any court yard, attached garden or bari, trees standing in such court-yard, and out-buildings; and includes any out-buildings used for purposes connected with agriculture or horticulture and any tank or well appertaining to such dwelling-house;
(i)"land" includes land covered with water;
(j)"mahal", in relation to merged territories, means any area other than land in possession of a raiyot which has been separately assessed to land revenue, whether such land revenue be payable or has been released, compounded for or redeemed in whole or in part;
(k)"occupied land" means,-
(i)in relation to the Central Provinces, land held immediately before the date of vesting in absolute-occupancy, occupancy for village service, tenure, or land held as malik-makbuza, or land comprised in a home-farm;
(ii)in relation to the merged territories, land held by a raiyot, tenant or a village servant or land comprised in home-farm;
(iii)[Omitted] [Omitted by M.P.A.L.O., 1956.]
(l)"prescribed" means prescribed by rules made under this Act;
(m)"proprietor", in relation to-
(i)the Central Provinces, includes an inferior proprietor, a protected thekedar or other thekedar, or a protected headman;
(ii)the merged territories, means a muafidar including an ex-Ruler of an Indian State merged with [Madhya Pradesh] [Shall stand unmodified vide M.P.A.L.O., 1956.], a Zamindar, Ilaquedar, Khorposhdar or Jagirdar within the meaning of the Wajib-ul-arz, or any sanad, deed or other instrument, and a gaontia or a thekedar of a village in respect of which by or under the provisions contained in the wajib-ul-arz applicable to such village the muafidar, the gaontia, or the thekedar, as the case may be, has a right to recover rent or revenue from persons holding land in such village.
(iii)[Omitted] [Omitted by M.P.A.L.O., 1956.]
(n)"Revenue Officer" in any provision of this Act, means such Revenue Officer appointed under the [Central Provinces Land Revenue Act, 1917 (II of 1917)] [Now M.P. Land Revenue Code, 1959.], or the Berar Land Revenue Code, 1928, as the case may be, as the State Government may, by notification, direct to discharge the functions of a Revenue Officer under that provision;
(o)"Settlement Commissioner" means an officer appointed as such by the State Government;
(p)"specified tenant" means-
(i)an ante-alienation tenant;
(ii)a permanent tenant;
(iii)a tenant of antiquity;
(q)"village site" means;
(i)in relation to the [Central Provinces] [Shall stand unmodified throughout the whole Act vide M.P.A.L.O., 1956.], the abadi in an estate or mahal;
(ii)in relation to the merged territories, the abadi in an estate or mahal;
(iii)[Omitted.] [Omitted by M.P.A.L.O., 1956.]