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State of Jammu-Kashmir - Section

Section 2 in The Jammu and Kashmir Big Landed Estates Abolition Act, 2007 (1950 A. D.)

2. Definitions

- In this Act, unless there is anything repugnant in the subject or context, -
(a)"land" means land which is occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes-
(i)the sites of building and other structures on such land ;
(ii)trees standing on such land ;
(iii)areas covered by or fields floating over water ;
(iv)sites of jandars and gharats ; and
(v)[ forest lands and wooded wastes] [Clause (v) inserted by Act No. XV of 2008.] ;
but does not include the site of any building in town or village, abadi or any land appurtenant to such building or site ;
(b)"proprietor" means a person owning the land, and includes-
(i)an inferior land-owner ;
(ii)a person who is recorded as qabiz in respect of the holding of ghair-hazir or ghair-qabiz in the revenue record ; and
(iii)the successor-in-interest of a proprietor :
[provided that in case of land owned by a joint Hindu family only the father with his male lineal descendants in the male line of descent shall, where he is alive on the date this Act comes into force, be deemed to be the person owning the land ;] [Proviso to clause (b) added by Act No. XXXV of 2011.]
(c)"prescribed" means prescribed by rules made under this Act ;
(d)"tiller" means a person who tills land with his own hands, and with reference to the land held by a proprietor has, on the date of the commencement of this Act, been in cultivating possession of such land and includes a tenant who, after 1st Baisakh, 2004, has been ejected otherwise than in due course of law or has ceased to cultivate the land owing to reasons beyond his control ; but does not include-
(a)a trespasser ;
(b)a servant who is paid in cash or kind for his services ;
(c)a person who is not the actual beneficiary ; and
(d)a hired labourer ; and
(e)words and expressions not defined in this Act shall have the meaning assigned to them in the Jammu and Kashmir Land Revenue Act, 1996, the Jammu and Kashmir Tenancy Act, 1980, and the Code of Civil Procedure, 1977.