Section 2 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
2. Definitions.
- In this Act, unless the context requires otherwise.-(1)"agriculture" includes-(a)the raising of annual or periodical crops and garden produce,(b)horticulture,(c)the planting and upkeep of orchards,(d)the reserving or using of land for fodder, or thatching grass, and(e)the use by an agriculturist of the land held by him or a part thereof for grazing of his own cattle, but does not include allied pursuits or the cutting of wood only;(2)"agricultural labourer" means a person whose principal means of livelihood is manual labour on land;(3)"agriculturist" means a person who cultivates land personally;(4)"allied pursuits" means dairy farming, poultry farming, breeding of livestock, grazing (other than the pasturage of one's own agricultural cattle) and such other pursuits as may be prescribed;(5)"appointed day" means the 20th day of August, 1958;(6)"Collector" includes an Additional Collector and an Assistant or Deputy Collector performing the duties and exercising the powers of a Collector under the Code [or any other officer specially empowered by the State Government to perform the functions of the Collector under this Act] [These words were added by Bombay 4 of 1960, Section 2.];(7)[ "Code" means the Bombay Land Revenue Code, 1879 as extended to the Kutch area of the [State of Gujarat] [Clause 7 was substituted for the original by Schedule III, Clause 2 (1).];(8)[***] [Clause (8) was deleted by Gujarat 15 of 1964, Section 4, Schedule.](9)"co-operative society" means a society registered under the provisions of [the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925);] [These words and figures were substituted for the words 'the Co-operative Societies Act, 1912' by Schedule Ill, Clause 2 (2).](10)"co-operative farming society" means a society registered as such under [the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925);] [These words and figures were substituted for the words 'the Co-operative Societies Act, 1912' by Schedule III, Clause 2 (2).](11)"to cultivate" means to carry on any agricultural operation;(12)"to cultivate personally" means to cultivate on one's own account-(i)by one's own labour, or(ii)by the labour of any member of one's "family, or(iii)under the personal supervision of oneself or of any member of one's family by hired labour or by servants on wages payable in cash or kind but not in crop share.Explanation 1. - A widow or a minor, or a person who is subject to any physical or mental disability or a serving member of the armed forces shall be deemed to cultivate the land personally if it is cultivated by her or his servants or by hired labour;Explanation II. - In the case of a joint family, the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family;(13)"family holding" in relation to any local area constituted under Section 3 means a family holding determined under under Section 4 in respect of lands situate in that local area;(14)"fragment" means a fragment as defined in sub-section (4) of Section 2 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947);(15)"improvement" means, with reference to a holding, any work which adds to the letting value of the holding which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the holding, is either, executed directly for its benefit or is, after execution, made directly beneficial to it; and, subject to the foregoing provisions, includes-(a)the construction of tanks, wells, water-channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;(b)the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water;(c)the planting of trees and the reclaiming, clearing, enclosing, levelling or terracing of land;(d)the erection of buildings on or in the vicinity of the holding, elsewhere than in the abadi or urban area, required for the convenient or profitable use or occupation of the holding; and(e)the renewal or reconstruction of any of the foregoing works, or alterations therein or addition thereto;but does not include-(i)temporary wells and such water-channels, embankments, levellings, enclosures or other works, or petty alterations in, or repairs to, such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture; or(ii)any work which substantially diminishes the value of any land, wherever situated, in the occupation of any other person, whether as [owner] [This word was substituted for the word 'tenure-holder' by Schedule III, Clause 2 (3).] or tenant;Explanation. - A work which benefits several holdings may be deemed to be an improvement with respect to each of such holdings;(16)"joint family" means an undivided Hindu family and in the case of other persons a group of unit the members of which by custom or usage are joint in estate or residence;(17)"land" means-(a)land which is used or capable of being used for agricultural purposes and includes the sites of farm buildings appurtenant to such land; and(b)for the purposes of Sections 16, 22, 23, 24, 25, 26, 32, 34, 36, 37, 55, [57,] [Inserted by Gujarat 30 of 1977, dated 4th November, 1977] 89, 91, 121 and 122.(i)the sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses;(ii)the sites of structures used by agriculturists for allied pursuits;(18)"landholder" means [an occupant or a superior holder] [These words were substituted for the words 'a tenure-holder' by Schedule III, Clause 2 (3).] whom the State Government has declared on account of the extent and value of the land or his interests therein to be a landholder for the purposes of this Act;(19)"landless person" means a person who holding no land for agricultural purposes, whether as [an owner] [These words were substituted for the words 'a tenure-holder', by Schedule III, Clause 2 (5).] or tenant earns his livelihood principally by manual labour and intends to take to the profession of agriculture and is capable of cultivating land personally;[(19-A) 'owner' means a person who holds as occupant or superior holder land which is in his actual possession;] [Clause (19A) was inserted, by Schedule Ill, Clause 2 (6).](20)[ "permanent tenant" means a person deemed to be a permanent tenant under Section 7;] [Clause (20) was substituted for the original, by Schedule III, Clause 2 (7).](21)"person" includes joint family;(22)"physical or mental disability" means physical or mental disability by reason of which the person subject to such disability is incapable of cultivating land by personal labour or supervision;(23)"prescribed" means prescribed by rules made under this Act;(24)"profits of agriculture" in respect of any land means the balance remaining with the holder after deducting from the gross produce the cost of cultivation estimated by taking into account the following elements, namely:-(a)the depreciation of stock and buildings,(b)the money equivalent of the holder's and his family's labour and supervision,(c)all other expenses usually incurred in cultivation on the land, and(d)interest on the cost of buildings and stock and on expenditure for seed and manure, and on cost of agricultural operations paid for in cash;(25)[****] [Clause 25 was deleted by Schedule III, Clause 2 (8).](26)"rent" means any consideration, in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour;(27)"scheduled area" means an area declared to be a scheduled area under paragraph 6 of the Fifth Schedule to the Constitution of India;(28)"serving 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 any person is a serving member of the armed forces of the Union, such question shall be decided by the State Government, and its decision shall be final;(29)"small-holder" means an agriculturist cultivating land, less in area than a family holding who earns his livelihood principally by agriculture or by agricultural labour;(30)[ "Mamlatdar" includes a Mahalkari and any other person whom the State Government may appoint to perform the duties of a Mamlatdar under this Act:] [Clause (30) was substituted for the original, Schedule Ill, Clause 2 (9).]Provided that the State Government may by notification in the Official Gazette direct that in the areas specified therein the powers of the [Mamlatdar] [This word was substituted for the word 'Tehsildar' Schedule Ill, Clause 1.] under this Act shall be exercised by the Sub-Divisional Officer;(31)"tenancy" means the relationship of landlord and tenant;(32)"tenant" means a person who holds land on lease and includes-(a)a person who is deemed to be a tenant under Section 6, [*] [Figure '7' was deleted, Schedule III, Clause 2 (10) (1).] or 8.(b)[ a person who is a permanent tenant;] [Sub-clause (b) was substituted for the original, Schedule Ill, Clause 2 (10) (2).](33)"Tribunal" means the Agricultural Lands Tribunal constituted under Section 97;(34)words and expressions used in this Act but not defined shall have the meanings assigned to them in the Code and the Transfer of Property Act, 1882 (IV of 1882), as the case may be;(35)[ References to the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925) and the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVII of 1947) shall be construed as references to those Acts as extended to the Kutch area of the [State of Gujarat] [Clause (35) was added, Schedule Ill, Clause 2 (11).].
