Section 2 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
2. Definitions.
- In this Act, unless the context otherwise requires,-(1)"agriculture" includes-(a)horticulture,(b)the raising of crops, grass or garden produce or singhare (trapa bispinosa)(c)the use by an agriculturist of land held by him, or part thereof, for grazing,(d)the use of any land, whether or not an appanage to rice or paddy land for the purpose of rab-manure,(e)dairy farming,(f)poultry farming,(g)breeding of live-stock,but does not include the cutting of wood only;(2)[* * * * *] [Clause (2) was deleted by Maharashtra 21 of 1975, Section 3(1).](3)"agriculturist" means a person who cultivates land personally;(3A)[ "Amending Act, 1972" means the Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1972;] [Clause (3A) was inserted by Maharashtra 21 of 1975 Section 3 (2).](4)"appointed day" means the day on which this Act comes into force;(5)"class of land" means land falling under any one of the following categories, that is to say:-(a)[ land with an assured supply of water for irrigation and capable of yielding at least two crops in a year, that is to say,- [Sub-clauses (a) to (e) were substituted for sub-clauses (a) to (d) by Maharashtra 21 of 1975, Section 3(3), read with Maharashtra 47 of 1975, Section 2.](i)land irrigated seasonally as well as perennially by flow irrigation from any source constructed or maintained by the State Government or by any Zilla Parishad or from any other natural source of water; or(ii)land irrigated perennially by a Government owned and managed lift from any source constructed or maintained by the State Government or by any Zilla Parishad or from any other natural source of water;(b)land [other than land falling in clause (c)] which has no assured perennial supply of water for irrigation, but has an assured supply of water for only one crop in a year, that is to say, land irrigated-(i)seasonally by flow irrigation from any source constructed or maintained by the State Government or by any Zilla Parishad or from any other natural source of water; or(ii)perennially by a lift [other than a lift referred to in item (ii) of clause (a)] from any source constructed or maintained by the State Government or by and Zilla Parishad or from any other natural source of water; or(iii)perennially from a privately-owned well situated on land within the irrigable command of any irrigation project, or in the bed of a river, stream or natural collection of water or drainage channel (being a river, stream, natural collection of water or drainage channel which is a perennial source of water);(c)land irrigated seasonally by flow irrigation from any source constructed or maintained by the State Government or by any Zilla Parishad or from any other natural source of water with unassured water supply, that is, where supply is given under water sanctions which are temporary, or where such sanctions are regulated on the basis of availability of water in the storage;(d)dry crop land, that is to say, land other than land falling under sub-clause (a), (b) or (c) of this clause situated in the Bombay Suburban District and Districts of Thana, Kolaba, Ratnagiri and Bhandara and in the Brahmapuri, Gadchiroli and Sironcha Talukas of the Chandrapur District and which is under paddy cultivation for a continuous period of three years immediately preceding the commencement date;(e)dry crop land, that is to say, land other than land falling under sub-clause (a), (b), (c) or (d) of this clause.Explanation. - For the purposes of this clause,-(1)land situated within the irrigable command of an irrigation project, means all lands which are irrigated or are capable of being irrigated from such project;(2)land which is irrigated from any source of irrigation specified sub-clause (a),(b) or (c) and which was used for horticulture (other than the land used for growing of coconut, arecanut, bananas, guava or for vineyards) on or before the 26th day of September 1970 shall be deemed to be land falling under sub-clause (e) until the 4th day of August 1979;(3)land which is irrigated from any source of irrigation specified in sub-clause (b) shall not be deemed to be land falling under the said sub-clause (b) if the irrigation is provided by a private lift irrigation work operated by diesel or electric power or operated by both methods and constructed after the 5th day of August 1972;](5A)[ "Code" means the Maharashtra Land Revenue Code, 1966;] [Clauses (5A) was inserted by Maharashtra 21 of 1975, Section 3(4).](6)"Collector" includes an Additional Collector, and an Assistant or Deputy Collector exercising the powers or discharging the duties of a Collector under the [Code] [This word was substituted for the words 'relevant Code', by Maharashtra 21 of 1975, Section 3(5).], and also any other officer not below the rank of an Assistant or Deputy Collector, especially empowered by the State Government to exercise the powers and perform the functions of the Collector by or under this Act;(6A)[ "commencement date" means the 2nd day of October 1975;] [Clause (6A) was substituted by Maharashtra 2 of 1976, Section 2(a).](7)"Commissioner" includes an Additional Commissioner;(8)"to cultivate" with its grammatical variations and cognate expressions, means to till or husband land for the purpose of raising or improving agricultural produce whether by manual labour or with the use of cattle or by machinery, or to carry on any agricultural operation thereon;Explanation. - A person, who enters into a contract to cut grass on any land, shall not on that account only be taken to cultivate such land;(9)"to cultivate personally" means to cultivate land on a person's own account,-(i)by his own labour, or(ii)by the labour of any member of his family, or(iii)by hired labour, or by servants on wages, payable in cash or kind (but not in crop share) under the personal supervision of himself or any member of his family;Explanation I. - A person under disability shall be deemed to cultivate personally, if he cultivates through his servants, or by hired labour;Explanation II. - In the case of joint family, land shall be deemed to be cultivated personally, if it is so cultivated by any member of such family;(10)"exempted land" means land exempted from the provisions of this Act under section 47;(11)"family" includes, a Hindu undivided family, and in the case of other persons, a group or unit the members of which by custom or usage, are joint in estate or possession or residence;(11A)[ "family unit" means a family unit as explained in section 4;] [Clause (11A) was inserted, by Maharashtra 21 of 1975, Section 3(7).](12)"farming society" means a society registered or deemed to be registered as such, under any law for the time being in force relating to the registration of co-operative societies;(13)"fragment" has the meaning assigned to it in section 2 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947;(14)"to hold land", with its grammatical variations and cognate expressions, means to be lawfully in actual possession of land as owner or as tenant and "holding" shall be construed accordingly;(15)"joint farming society" means a joint farming society (registered or deemed to be registered as such, under any law for the time being in force relating to the registration of co-operative societies) the members of which cultivate jointly the land held by the members or by the society;(16)"land" means land which is used, or capable of being used, for purposes of agriculture, [land includes- [This portion was deemed always to have been substituted for the portion beginning with 'and includes' and ending with 'grass grows naturally' by Maharashtra 32 of 1963, Section 2.](a)the sites of farm buildings on, or appurtenant to, such land;(b)land on which grass grows naturally;(c)trees and standing crops on such land;(d)canals, channels, wells, pipes or reservoirs or other works constructed or maintained on such land for the supply or storage of water for the purpose of agriculture;(e)drainage-works, embankments, bandharas or any other works appurtenant to such land, for constructed or maintained thereon for the purposes of agriculture; and all structures and permanent fixtures on such land;](17)[ "landless person" means a person who does not hold any land or who holds land for the purpose of agriculture not in excess of one hectare of dry crop land (or irrigated land proportionately converted in the manner provided in section 5) and earns his livelihood principally by manual labour on agricultural land in either case;] [Clause (17) was substituted by Maharashtra 21 of 1975, Section 3(8).](18)[* * * *] [Clause (18) was deleted by Maharashtra 21 of 1975, Section 3(9).](19)"Maharashtra Revenue Tribunal" means the Maharashtra Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957;(20)[* * * *] [Clause (20) was deleted by Maharashtra 2 of 1975, Section 2(b).](21)"owner" in relation to any land, includes the person holding the land as occupant, [or superior holder as defined in the Code] [These words were substituted for the words 'superior holder, a tenure holder or land holder as defined in the relevant Code' by Maharashtra 21 of 1975, Section 3(11).], or as lessee of Government, a mortgagee-in-possession, and a person holding land for his maintenance;(22)"person" includes a family;(23)"person under disability" means -(a)a widow, or(b)a minor, or(c)a woman, who is unmarried, or who if married is divorced or judicially separated from her husband, or whose husband is a person who is a serving member of the Armed Forces or falls under item (d), or(d)a person who by reason of mental or physical disability is incapable of cultivating land either by personal labour or under supervision, and includes a serving member of the Armed Forces;(24)"prescribed" means prescribed by rules made under this Act;(25)[ * * * * *] [Clause (25) was deleted by Maharashtra 21 of 1975, Section 3(12).](26)"relevant tenancy law" means-(a)in relation to the Vidarbha region of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958,(b)in relation to the Hyderabad area of the State, the Hyderabad Tenancy and Agricultural Lands Act, 1950, and(c)in relation to the rest of the State, the Bombay Tenancy and Agricultural Lands Act, 1948;(27)"Schedule" means a Schedule appended to this Act;(28)"service member of the Armed Forces" means a person in the service, of the Armed Forces of the Union : Provided that, if a question arises whether or not any person is a serving member of the Armed Forces of the Union, the question shall be decided by the State Government, and its decision thereon shall be final;(29)[* * * * *] [Clauses (29) and (31) were deleted by Maharashtra 21 of 1975, Section 3(12).](30)"tenant" means a person who holds land on lease, and includes a person who is deemed to be a tenant under the relevant tenancy law, and "landlord" means a person from whom land is held on lease by a tenant, and includes a person who is deemed to a landlord under the relevant tenancy law;[* * * * *] [Clauses (29) and (31) were deleted by Maharashtra 21 of 1975, Section 3(12).](31)[ "Tribunal" means the Surplus Lands Determination Tribunal or, as the case may be, the Lands Distribution Tribunal constituted under section 2A;] [Clause (31) was inserted by Maharashtra 2 of 1976, Section 2(c).](32)words and expressions used in this Act, but not defined, shall have the meanings assigned to them [in the Code] [These words were substituted for the words 'in the relevant Code' by Maharashtra 21 of 1975, Section 3(13).].
